[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6395 Engrossed in House (EH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6395
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2021 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021''.
(b) References.--Any reference in this or any other Act to the
``National Defense Authorization Act for Fiscal Year 2021'' shall be
deemed to refer to the ``William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into 16 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.
(5) Division E--National Artificial Intelligence Initiative
Act of 2020.
(6) Division F--Corporate Transparency Act of 2019.
(7) Division G--COUNTER Act of 2019.
(8) Division H--Elijah E. Cummings Coast Guard
Authorization Act of 2020.
(9) Division I--Department of State Authorities and
Activities.
(10) Division J--Combating Russian Money Laundering.
(11) Division K--Kleptocracy Asset Recovery Rewards Act.
(12) Division L--Stopping Trafficking, Illicit Flows,
Laundering, and Exploitation.
(13) Division M--Improving Corporate Governance Through
Diversity.
(14) Division N--Banking Transparency for Sanctioned
Persons Act of 2019.
(15) Division O--Public Lands.
(16) Division P--Colorado Outdoor Recreation and Economy
Act.
(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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Navy Programs
Sec. 111. Independent cost estimate of FFG(X) frigate program.
Sec. 112. Liquified natural gas pilot program.
Subtitle C--Air Force Programs
Sec. 121. Modification of force structure objectives for B-1 bomber
aircraft.
Sec. 122. Extension of limitation on availability of funds for
retirement of RC-135 aircraft.
Sec. 123. Modification of limitation on availability of funds for
retirement of E-8 JSTARS aircraft.
Sec. 124. Limitation on availability of funds for the Advanced Battle
Management System pending certification
relating to RQ-4 aircraft.
Sec. 125. Inventory requirements for certain air refueling tanker
aircraft.
Sec. 126. Limitation on production of KC-46A aircraft.
Sec. 127. Assessment and certification relating to OC-135 aircraft.
Sec. 128. Modernization plan for airborne intelligence, surveillance,
and reconnaissance.
Sec. 129. Minimum bomber aircraft force level.
Sec. 130. Provisions relating to RC-26B manned intelligence,
surveillance, and reconnaissance aircraft.
Sec. 130A. Briefing on payload hosting on modular supersonic aircraft.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
Sec. 131. Documentation relating to the F-35 aircraft program.
Sec. 132. Notification on software regression testing for F-35
aircraft.
Sec. 133. Notification on efforts to replace inoperable ejection seat
aircraft locator beacons.
Sec. 134. Limitation on use of funds for the Armed Overwatch Program.
Sec. 135. Investment and sustainment plan for procurement of cannon
tubes.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of Science, Mathematics, and Research for
Transformation (SMART) Defense Education
Program.
Sec. 212. Enhanced participation of Department of Defense contractors
in science, technology, engineering, and
mathematics activities.
Sec. 213. Modification of requirements relating to certain cooperative
research and development agreements.
Sec. 214. Pilot program on talent optimization.
Sec. 215. Codification of the National Security Innovation Network.
Sec. 216. Modification of pilot program on enhanced civics education.
Sec. 217. Modification of joint artificial intelligence research,
development, and transition activities.
Sec. 218. Modification of national security innovation activities and
manufacturing pilot program.
Sec. 219. Extension of pilot program for the enhancement of the
research, development, test, and evaluation
centers of the Department of Defense.
Sec. 220. Digital data management and analytics capability.
Sec. 221. Social science, management science, and information science
research activities.
Sec. 222. Measuring and incentivizing programming proficiency.
Sec. 223. Information technology modernization and security efforts.
Sec. 224. Board of Directors for the Joint Artificial Intelligence
Center.
Sec. 225. Directed Energy Working Group.
Sec. 226. Program Executive Officer for Autonomy.
Sec. 227. Accountability measures relating to the Advanced Battle
Management System.
Sec. 228. Measures to address foreign talent programs.
Sec. 229. Disclosure of foreign funding sources in applications for
Federal research awards.
Sec. 230. Limitations relating to large unmanned surface vessels and
associated offensive weapon systems.
Sec. 231. Limitation on availability of funds pending review and report
on next generation air dominance
capabilities.
Sec. 232. Modification of mechanisms for expedited access to technical
talent and expertise at academic
institutions.
Sec. 233. Designation of Academic Liaison to protect against emerging
threats.
Subtitle C--Emerging Technology and Artificial Intelligence Matters
Sec. 241. Steering committee on emerging technology.
Sec. 242. Training for human resources personnel in artificial
intelligence and related topics.
Sec. 243. Unclassified workspaces for personnel with pending security
clearances.
Sec. 244. Pilot program on the use of electronic portfolios to evaluate
applicants for certain technical positions.
Sec. 245. Self-directed training in artificial intelligence.
Sec. 246. Part-time and term employment of university professors and
students in the Defense science and
technology enterprise.
Sec. 247. Microelectronics and national security.
Sec. 248. Acquisition of ethically and responsibly developed artificial
intelligence technology.
Sec. 249. Enhancement of public-private talent exchange programs in the
Department of Defense.
Sec. 250. Reporting on contribution of development of artificial
intelligence standards.
Subtitle D--Sustainable Chemistry Research and Development
Sec. 251. Short title.
Sec. 252. Findings.
Sec. 253. National coordinating entity for sustainable chemistry.
Sec. 254. Strategic plan for sustainable chemistry.
Sec. 255. Agency activities in support of sustainable chemistry.
Sec. 256. Partnerships in sustainable chemistry.
Sec. 257. Prioritization.
Sec. 258. Rule of construction.
Sec. 259. Major multi-user research facility project.
Subtitle E--Plans, Reports, and Other Matters
Sec. 261. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 262. Repeal of quarterly updates on the Optionally Manned Fighting
Vehicle program.
Sec. 263. Independent evaluation of personal protective and diagnostic
testing equipment.
Sec. 264. Reports on F-35 physiological episodes and mitigation
efforts.
Sec. 265. Study on mechanisms for attracting and retaining high quality
talent in the national security innovation
base.
Sec. 266. Funding for force protection applied research.
Sec. 267. Funding for hypersonics prototyping.
Sec. 268. Funding for unidirectional body armor.
Sec. 269. Assessments of intelligence, defense, and military
implications of deepfake videos and related
technologies.
Sec. 270. Funding for Air Force university research initiatives.
Sec. 271. Modification of authority to carry out certain fiscal year
2020 projects.
Sec. 272. Sense of Congress on the role of the National Science
Foundation.
Sec. 273. Funding for Navy university research initiatives.
Sec. 274. Funding for Army university research initiatives.
Sec. 275. Report on certain awards by the Air Force under the Small
Business Innovation Research Program and
the Small Business Technology Transfer
Program.
Sec. 276. Funding for Backpackable Communications Intelligence System.
Sec. 277. Funding for Army university and industry research centers.
Sec. 278. Sense of Congress on the additive manufacturing and machine
learning initiative of the Army.
Sec. 279. Traineeships for American leaders to excel in national
technology and science.
Sec. 280. Briefing and report on use of distributed ledger technology
for defense purposes.
Sec. 281. Admission of essential scientists and technical experts to
promote and protect the National Security
Innovation Base.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Sec. 302. Funding for Army Community Services.
Sec. 303. Increase in funding for Air Force reserve contractor systems
support.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Clearinghouse
for review of mission obstructions.
Sec. 312. Military Aviation and Installation Assurance Clearinghouse
for review of mission obstructions.
Sec. 313. Agreements to limit encroachments and other constraints on
military training, testing, and operations.
Sec. 314. Modification of Department of Defense environmental
restoration authorities to include Federal
Government facilities used by National
Guard.
Sec. 315. Increased transparency through reporting on usage and spills
of aqueous film-forming foam at military
installations.
Sec. 316. Replacement of non-tactical motor vehicles at the end of
service life with electric or hybrid motor
vehicles.
Sec. 317. Budgeting of Department of Defense relating to operational
energy improvement.
Sec. 318. Assessment of Department of Defense operational energy usage.
Sec. 319. Improvement of the operational energy capability improvement
fund of the Department of Defense.
Sec. 320. Five-year reviews of containment technologies relating to Red
Hill Bulk Fuel Storage Facility.
Sec. 321. Limitation on use of funds for acquisition of furnished
energy for Rhine Ordnance Barracks Army
Medical Center.
Sec. 322. Requirement to update Department of Defense climate change
roadmap.
Sec. 323. Comptroller General report on Department of Defense
installation energy.
Sec. 324. Department of Defense report on emissions levels.
Sec. 325. Objectives, performance standards, and criteria for use of
wildlife conservation banking programs.
Sec. 326. Offshore wind energy development, Morro Bay, California.
Sec. 327. Long-duration demonstration initiative and joint program.
Sec. 328. Prizes for development of non-PFAS-containing fire-fighting
agent.
Sec. 329. Survey of technologies for Department of Defense application
in phasing out the use of fluorinated
aqueous film-forming foam.
Sec. 330. Interagency body on research related to per- and
polyfluoroalkyl substances.
Sec. 331. Restriction on procurement by defense logistics agency of
certain items containing perfluoroalkyl
substances and polyfluoroalkyl substances.
Sec. 332. Standards for removal or remedial actions with respect to
PFOS or PFOA contamination.
Sec. 333. Research and development of alternative to aqueous film-
forming foam.
Sec. 334. Notification to agricultural operations located in areas
exposed to Department of Defense PFAS use.
Sec. 335. Public disclosure of results of Department of Defense testing
for perfluoroalkyl or polyfluoroalkyl
substances.
Sec. 336. Biological threats report.
Sec. 337. Report on energy savings performance contracts.
Sec. 338. Sense of Congress regarding an integrated master plan towards
achieving net zero.
Sec. 339. Increase in funding for Centers for Disease Control Study on
health implications health implications of
per- and polyfluoroalkyl substances
contamination in drinking water.
Sec. 340. Moratorium on incineration by Department of Defense of
perfluoroalkyl substances, polyfluoroalkyl
substances, and aqueous film forming foam.
Sec. 341. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 342. Assessment of Department of Defense excess property programs
with respect to need and wildfire risk.
Subtitle C--Logistics and Sustainment
Sec. 351. National Defense Sustainment and Logistics Review.
Sec. 352. Extension of sunset relating to charter air transportation
services.
Sec. 353. Additional elements for inclusion in Navy ship depot
maintenance budget report.
Sec. 354. Modification to limitation on length of overseas forward
deployment of naval vessels.
Sec. 355. Independent advisory panel on weapon system sustainment.
Sec. 356. Biannual briefings on status of Shipyard Infrastructure
Optimization Plan.
Sec. 357. Materiel readiness metrics and objectives for major weapon
systems.
Subtitle D--Munitions Safety and Oversight
Sec. 361. Chair of Department of Defense explosive safety board.
Sec. 362. Explosive Ordnance Disposal Defense Program.
Sec. 363. Assessment of resilience of Department of Defense munitions
enterprise.
Sec. 364. Report on safety waivers and mishaps in Department of Defense
munitions enterprise.
Subtitle E--Other Matters
Sec. 371. Pilot program for temporary issuance of maternity-related
uniform items.
Sec. 372. Servicewomen's Commemorative Partnerships.
Sec. 373. Biodefense analysis and budget submission.
Sec. 374. Clarification of National Biodefense Strategy.
Sec. 375. Report on biodefense.
Sec. 376. Facilitating agreements with other Federal agencies to limit
encroachments.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Sec. 403. Modification of the authorized number and accounting method
for senior enlisted personnel.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strength: exclusion of certain general and flag
officers of the reserve components on
active duty.
Sec. 502. Diversity in selection boards.
Sec. 503. Redaction of personally identifiable information from records
furnished to a promotion board.
Sec. 504. Temporary expansion of availability of enhanced constructive
service credit in a particular career field
upon original appointment as a commissioned
officer.
Sec. 505. Permanent programs on direct commissions to cyber positions.
Subtitle B--Reserve Component Management
Sec. 511. Grants to support STEM education in the Junior Reserve
Officers' Training Corps.
Sec. 512. Modification of education loan repayment program for members
of Selected Reserve.
Sec. 513. Requirement of consent of the chief executive officer for
certain full-time National Guard duty
performed in a State, Territory, or the
District of Columbia.
Sec. 514. Constructive credit for certain members of the reserve
components who cannot complete minimum
annual training requirements as a result of
the COVID-19 pandemic.
Sec. 515. Guidance for use of unmanned aircraft systems by the National
Guard.
Sec. 516. Direct employment pilot program for certain members of the
reserve components.
Sec. 517. Temporary limitation on authority to transfer, relocate, or
dissolve elements of the reserve components
of the Air Force.
Sec. 518. Pilot programs in connection with SROTC units and CSPI
programs at Historically Black Colleges and
Universities and minority institutions.
Sec. 519. Report regarding full-time National Guard duty in response to
the COVID-19 pandemic.
Sec. 520. Study and report on ROTC recruitment.
Sec. 520A. Transitional health benefits for certain members of the
National Guard serving under orders in
response to the coronavirus (COVID-19).
Sec. 520B. Quarantine housing for members of the National Guard who
perform certain duty in response to the
COVID-19 emergency.
Sec. 520C. National guard support to major disasters.
Sec. 520D. Authority to reinstate and transfer officers in medical
specialties in the reserve components of
the Armed Forces previously retired
honorably or under honorable conditions.
Sec. 520E. Report regarding national guard youth challenge program.
Sec. 520F. Permanent suicide prevention and resilience program for the
reserve components.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Temporary authority to order retired members to active duty
in high-demand, low-density assignments
during war or national emergency.
Sec. 522. Reenlistment waivers for persons separated from the Armed
Forces who commit one misdemeanor cannabis
offense.
Sec. 523. Review of Seaman to Admiral-21 program; credit towards
retirement.
Sec. 524. Report regarding reviews of discharges and dismissals based
on sexual orientation or gender identity.
Sec. 525. Development of guidelines for use of unofficial sources of
information to determine eligibility of
members and former members of the Armed
Forces for decorations and benefits when
the service records are incomplete because
of damage to the official record.
Sec. 526. Report on bad paper.
Subtitle D--Military Justice and Other Legal Matters
Sec. 531. Punitive article on violent extremism.
Sec. 532. Preservation of Court-martial records.
Sec. 533. Electronic notarization for members of the Armed Forces.
Sec. 534. Clarifications regarding scope of employment and reemployment
rights of members of the uniformed
services.
Sec. 535. Termination of telephone, multichannel video programming, and
internet access service contracts by
servicemembers who enter into contracts
after receiving military orders for
permanent change of station but then
receive stop movement orders due to an
emergency situation.
Sec. 536. Absentee ballot tracking program.
Sec. 537. Tracking mechanism and reporting requirements for
supremacist, extremist, and criminal gang
activity in the Armed Forces.
Sec. 538. Military-civilian task force on domestic violence and related
information collection activities.
Sec. 539. Actions to address military-connected child abuse.
Sec. 540. Multidisciplinary board to evaluate suicide events.
Sec. 540A. To resolve controversies under Servicemembers Civil Relief
Act.
Sec. 540B. Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act.
Sec. 540C. Clarification of private right of action under
Servicemembers Civil Relief Act.
Sec. 540D. Requirement of certain certification before deportation of a
spouse of a member of the Armed Forces.
Sec. 540E. Clarification of termination of leases of premises and motor
vehicles of servicemembers who incur
catastrophic injury or illness or die while
in military service.
Sec. 540F. Availability of records for National Instant Criminal
Background Check System.
Sec. 540G. Prohibition on certain communications regarding courts-
martial.
Sec. 540H. Termination of contracts for telephone, multichannel video
programming, or internet access service by
certain individuals under Servicemembers
Civil Relief Act.
Sec. 540I. Report on drug demand reduction program modernization.
Sec. 540J. Qualifications of judges and standard of review for Courts
of Criminal Appeals.
Sec. 540K. Right to notice of victims of offenses under the Uniform
Code of Military Justice regarding certain
post-trial motions, filings, and hearings.
Subtitle E--Sexual Assault
Sec. 541. Protection of attorney-client privilege between victims and
Special Victims' Counsel.
Sec. 542. Authority of military judges and military magistrates to
issue military court protective orders.
Sec. 543. Additional bases for provision of advice by the Defense
Advisory Committee for the Prevention of
Sexual Misconduct.
Sec. 544. Modification of reporting and data collection on victims of
sexual offenses.
Sec. 545. Modification of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 546. Coordination of support for survivors of sexual trauma.
Sec. 547. Policy on separation of victim and accused at military
service academies.
Sec. 548. Safe-to-report policy applicable across the Armed Forces.
Sec. 549. Question in workplace and gender relations surveys regarding
prosecutions of sexual assault.
Sec. 550. Pilot program on prosecution of special victim offenses
committed by attendees of military service
academies.
Sec. 550A. Report on status of investigations of alleged sex-related
offenses.
Sec. 550B. Report on sexual abuse and harassment of recruits during
medical examinations prior to entry into
the Armed Forces.
Sec. 550C. Confidential reporting of sexual harassment.
Subtitle F--Member Education, Training, and Transition
Sec. 551. Counseling in the Transition Assistance Program regarding
sexual assault, sexual or gender
harassment, and intimate partner violence.
Sec. 552. Medical or administrative discharge as a pathway for
counseling in the Transition Assistance
Program.
Sec. 553. Family dynamics as pathways for counseling in the Transition
Assistance Program.
Sec. 554. Establishment of mentoring and career counseling program.
Sec. 555. Defense Language Institute Foreign Language Center.
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. Increase in number of permanent professors at the United
States Air Force Academy.
Sec. 558. Information on nominations and applications for military
service academies.
Sec. 559. Transformation of the professional military education
enterprise.
Sec. 560. College of International Security Affairs of the National
Defense University.
Sec. 560A. Public-private consortium to improve professional military
education.
Sec. 560B. Participation of members of the reserve components of the
Armed Forces in the Skillbridge program.
Sec. 560C. Study regarding VA participation in TAP.
Sec. 560D. GAO study regarding transferability of military
certifications to civilian occupational
licenses and certifications.
Sec. 560E. Transition outreach.
Sec. 560F. Continued participation of separated members of the Armed
Forces in Skillbridge programs.
Sec. 560G. Expansion of Skillbridge program to include the Coast Guard.
Sec. 560H. Establishment of performance measures for the Credentialing
Opportunities On-Line programs of the Armed
Forces.
Sec. 560I. Authority of military educational institutions to accept
research grants.
Sec. 560J. Report on officer training in irregular warfare.
Sec. 560K. Report regarding county, Tribal, and local veterans service
officers.
Sec. 560L. Limited exception for attendance of enlisted personnel at
senior level and intermediate level officer
professional military education courses.
Sec. 560M. Limitation on eligibility of for-profit institutions to
participate in educational assistance
programs of the Department of Defense.
Subtitle G--Military Family Readiness and Dependents' Education
Sec. 561. Family readiness: definitions; communication strategy;
report.
Sec. 562. Support services for members of special operations forces and
immediate family members.
Sec. 563. Authority to provide financial assistance to certain in-home
child care providers for members of the
Armed Forces and survivors of members who
die in combat in the line of duty.
Sec. 564. Expansion of financial assistance under My Career Advancement
Account program.
Sec. 565. Child care.
Sec. 566. Continuation of paid parental leave upon death of child.
Sec. 567. Study and report on the performance of the Department of
Defense Education Activity.
Sec. 568. Comptroller General of the United States report on the
structural condition of Department of
Defense Education Activity schools.
Sec. 569. Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary
schools.
Sec. 570. Continued assistance to schools with significant numbers of
military dependent students.
Sec. 570A. Standardization of the Exceptional Family Member Program.
Sec. 570B. Training program regarding foreign disinformation campaigns.
Sec. 570C. Reopening of child care facilities of the Engineer Research
and Development Center.
Sec. 570D. Improvements to partner criteria of the Military Spouse
Employment Partnership Program.
Subtitle H--Diversity and Inclusion
Sec. 571. Diversity and inclusion reporting requirements.
Sec. 572. Establishment of Diversity and Inclusion Advisory Council of
the Department of Defense.
Sec. 573. Establishment of Special Inspector General for Racial and
Ethnic Disparities in the Armed Forces;
amendments to Inspector General Act.
Sec. 574. Questions regarding racism, anti-Semitism, and supremacism in
workplace surveys administered by the
Secretary of Defense.
Sec. 575. Report on demographics of officers appointed to certain
grades.
Sec. 576. Plans to increase female and minority representation in the
Armed Forces.
Sec. 577. Evaluation of barriers to minority participation in certain
units of the Armed Forces.
Sec. 578. Report to Congress on efforts to increase diversity and
representation in film, television, and
publishing.
Sec. 579. Plan to improve responses to pregnancy and childbirth by
members of the Armed Forces and employees
of the Department of Defense.
Subtitle I--Decorations and Awards
Sec. 581. Establishment of the Atomic Veterans Service Medal.
Sec. 582. Authorization for award of the distinguished-service cross
for Ramiro F. Olivo for acts of valor
during the Vietnam War.
Sec. 583. Eligibility of veterans of Operation End Sweep for Vietnam
Service Medal.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Expansion of Department of Defense STARBASE Program.
Sec. 592. Inclusion of certain outlying areas in the Department of
Defense STARBASE Program.
Sec. 593. Prohibition on charging for or counting certain acronyms on
headstones of individuals interred at
Arlington National Cemetery.
Sec. 594. Report on placement of members of the Armed Forces in
academic status who are victims of sexual
assault onto Non-Rated Periods.
Sec. 595. Sense of Congress regarding advertising recruiting efforts.
Sec. 596. Study on financial impacts of COVID-19 on members of the
Armed Forces and best practices to prevent
future financial hardships.
Sec. 597. Sense of Congress honoring the Dover Air Force Base,
Delaware, home to the 436th airlift wing,
the 512th airlift wing, and the Charles C.
Carson Center for mortuary affairs.
Sec. 598. GAO study of women involuntarily separated or discharged due
to pregnancy or parenthood.
Sec. 599. Report regarding transportation of remains of certain
decedents by the Secretary of a military
department.
Sec. 599A. Postponement of conditional designation of Explosive
Ordnance Disposal Corps as a basic branch
of the Army.
Sec. 599B. Annual report regarding cost of living for members and
employees of the Department of Defense.
Sec. 599C. Report on Preservation of the Force and Family Program of
United States Special Operations Command.
Sec. 599D. GAO study of members absent without leave or on unauthorized
absence.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay.
Sec. 602. Basic needs allowance for low-income regular members.
Sec. 603. Reorganization of certain allowances other than travel and
transportation allowances.
Sec. 604. Single military housing area for each municipality with a
population greater than 500,000.
Sec. 605. Expansion of travel and transportation allowances to include
fares and tolls.
Sec. 606. Compensation and credit for retired pay purposes for
maternity leave taken by members of the
reserve components.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Increase in certain hazardous duty incentive pay for members
of the uniformed services.
Sec. 613. Standardization of payment of hazardous duty incentive pay
for members of the uniformed services.
Sec. 614. Clarification of 30 days of continuous duty on board a ship
required for family separation allowance
for members of the uniformed services.
Sec. 615. Expansion of reimbursable State licensure and certification
costs for a military spouse arising from
relocation.
Subtitle C--Family and Survivor Benefits
Sec. 621. Expansion of authority to provide financial assistance to
civilian providers of child care services
or youth program services for survivors of
members of the Armed Forces who die in the
line of duty.
Sec. 622. Expansion of death gratuity for ROTC graduates.
Sec. 623. Recalculation of financial assistance for providers of child
care services and youth program services
for dependents.
Sec. 624. Priority for certain military family housing to a member of
the Armed Forces whose spouse agrees to
provide family home day care services.
Sec. 625. Study on feasibility of TSP contributions by military
spouses.
Sec. 626. Gold star families parks pass.
Sec. 627. Modification to first division monument.
Sec. 628. Cheryl Lankford memorial expansion of assistance for Gold
Star spouses and other dependents.
Sec. 629. Extension of Commissary and Exchange Benefits for Surviving
Remarried Spouses With Dependent Children
of a Member of the Armed Forces Who Dies
While on Active Duty or Certain Reserve
Duty.
Subtitle D--Defense Resale Matters
Sec. 631 . Base responders essential needs and dining access.
Sec. 632. First responder access to mobile exchanges.
Sec. 633. Updated business case analysis for consolidation of the
defense resale system.
Subtitle E--Other Personnel Benefits
Sec. 641. Maintenance of funding for Stars and Stripes.
Sec. 642. Basic allowance for housing.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Expansion of mental health assessments for members of the
Armed Forces.
Sec. 702. Mandatory referral for mental health evaluation.
Sec. 703. Assessments and testing relating to exposure to
perfluoroalkyl and polyfluoroalkyl
substances.
Sec. 704. Improvement to breast cancer screening.
Sec. 705. Waiver of fees charged to certain civilians for emergency
medical treatment provided at military
medical treatment facilities.
Sec. 706. Expansion of benefits available under TRICARE Extended Care
Health Option program.
Sec. 707. Provision of hearing aids for dependents of certain members
of the reserve components.
Subtitle B--Health Care Administration
Sec. 711. Protection of the Armed Forces from infectious diseases.
Sec. 712. Inclusion of drugs, biological products, and critical medical
supplies in national security strategy for
national technology and industrial base.
Sec. 713. Contract authority of the Uniformed Services University of
the Health Sciences.
Sec. 714. Extension of organization requirements for Defense Health
Agency.
Sec. 715. Modification to limitation on the realignment or reduction of
military medical manning end strength.
Sec. 716. Modifications to implementation plan for restructure or
realignment of military medical treatment
facilities.
Sec. 717. Policy to address opioid prescription abuse prevention.
Sec. 718. Addition of burn pit registration to electronic health
records of members of the Armed Forces and
veterans.
Sec. 719. Maintenance of certain medical services at military medical
treatment facilities at Service Academies.
Sec. 720. Extramedical maternal health providers demonstration project.
Subtitle C--Matters Relating to COVID-19
Sec. 721. COVID-19 military health system review panel.
Sec. 722. COVID-19 global war on pandemics.
Sec. 723. Registry of TRICARE beneficiaries diagnosed with COVID-19.
Sec. 724. Pandemic health assessments evaluate exposure to open burn
pits and toxic airborne chemicals.
Sec. 725. Provision of information regarding COVID-19 in multiple
languages.
Sec. 726. Study of substance use disorders among members of the Armed
Forces and veterans during the COVID-19
public health emergency.
Subtitle D--Reports and Other Matters
Sec. 731. Modifications to pilot program on civilian and military
partnerships to enhance interoperability
and medical surge capability and capacity
of national disaster medical system.
Sec. 732. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities
of the Department of Defense.
Sec. 733. Clarification of research under Joint Trauma Education and
Training Directorate and inclusion of
military working dogs.
Sec. 734. Extension of the Joint Department of Defense-Department of
Veterans Affairs Medical Facility
Demonstration Project.
Sec. 735. Information sharing by Secretary of Defense regarding
prevention of infant and maternal
mortality.
Sec. 736. Grant program for increased cooperation on post-traumatic
stress disorder research between United
States and Israel.
Sec. 737. Pilot program on cryopreservation and storage.
Sec. 738. Pilot program on parents serving as certified nursing
assistants for children under TRICARE
program.
Sec. 739. Study on incidence of cancer diagnosis and mortality among
pilots in the Armed Forces.
Sec. 740. Report on diet and nutrition of members of the Armed Forces.
Sec. 741. Report on costs and benefits of allowing retired members of
the Armed Forces to contribute to health
savings accounts.
Sec. 742. Study on toxic exposure at Karshi-Khanabad Air Base,
Uzbekistan.
Sec. 743. Audit of medical conditions of tenants in privatized military
housing.
Sec. 744. Report on Integrated Disability Evaluation System.
Sec. 745. Review and report on prevention of suicide among members of
the Armed Forces stationed at remote
installations outside the contiguous United
States.
Sec. 746. Antimicrobial stewardship staffing at medical treatment
facilities of the Department of Defense.
Sec. 747. Report on chiropractic care for dependents and retirees under
the TRICARE program.
Sec. 748. Study on medevac helicopters and ambulances at military
installations.
Sec. 749. Funding for pancreatic cancer research.
Sec. 750. Report on mental health treatment relating to pregnancy.
Sec. 750A. Report on cost of extending TRICARE coverage to individuals
participating in Health Professions
Scholarship and Financial Assistance
Program.
Sec. 750B. Report on health care records of dependents who later seek
to serve as a member of the Armed Forces.
Sec. 750C. Briefing on extension of TRICARE Prime to eligible
beneficiaries in Puerto Rico and other
United States territories.
Sec. 750D. Funding for post-traumatic stress disorder.
Sec. 750E. Increased collaboration with NIH to combat triple negative
breast cancer.
Sec. 750F. Study on readiness contracts and the prevention of drug
shortages.
Sec. 750G. Findings and sense of Congress on musculoskeletal injuries.
Sec. 750H. Wounded Warrior Service Dog Program.
Sec. 750I. Sense of congress regarding maternal mortality review.
Sec. 750J. Report on lapses in TRICARE coverage for members of the
National Guard and reserve components.
Sec. 750K. Study and report on increasing telehealth services across
Armed Forces.
Sec. 750L. Study on joint deployment formulary.
Subtitle E--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components
Sec. 751. Short title.
Sec. 752. Expansion of eligibility for readjustment counseling and
related outpatient services from Department
of Veterans Affairs to include members of
reserve components of the Armed Forces.
Sec. 753. Provision of mental health services from Department of
Veterans Affairs to members of reserve
components of the Armed Forces.
Sec. 754. Inclusion of members of reserve components in mental health
programs of Department of Veterans Affairs.
Sec. 755. Report on mental health and related services provided by
Department of Veterans Affairs to members
of the Armed Forces.
Sec. 756. Pilot program on sleep apnea among new recruits.
Sec. 757. Report on research and studies on health effects of burn
pits.
Sec. 758. Mandatory training on health effects of burn pits.
Sec. 759. Inclusion of information on exposure to open burn pits in
postdeployment health reassessments.
Sec. 760. Expansion of scope of Department of Veterans Affairs open
burn pit registry to include open burn pits
in Egypt and Syria.
Sec. 761. Pilot program on treatment of certain members of the Armed
Forces impacted by traumatic brain injury
and other associated health factors that
influence long-term brain health and
performance.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Congressional notification of termination of a middle tier
acquisition program.
Sec. 802. Modification to the definition of nontraditional defense
contractor.
Sec. 803. Major weapon systems: life-cycle sustainment plan.
Sec. 804. Contractor business systems.
Sec. 805. Acquisition authority of the Director of the Joint Artificial
Intelligence Center.
Sec. 806. Reforming the Department of Defense.
Sec. 807. Alternative Space Acquisition System for the United States
Space Force.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Sustainment reform for the Department of Defense.
Sec. 812. Modifications to Comptroller General assessment of
acquisition programs and related
initiatives.
Sec. 813. Contractor whistleblower protections relating to
nondisclosure agreements.
Sec. 814. Competition requirements for purchases from Federal Prison
Industries.
Sec. 815. Disclosure of beneficial owners in database for Federal
agency contract and grant officers.
Sec. 816. Inclusion of optical transmission components in the
analytical framework for supply chain
risks.
Sec. 817. Amendment to definition of qualified apprentice.
Sec. 818. Contract closeout authority for services contracts.
Sec. 819. Plan to improve Department-wide management of investments in
weapon systems.
Sec. 820. Documentation pertaining to commercial item determinations.
Sec. 820A. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 820B. Requirements concerning former Department of Defense
officials and lobbying activities.
Sec. 820C. Commercial product determination applies to components and
support services.
Subtitle C--Industrial Base Matters
Sec. 821. Quarterly national technology and industrial base briefings.
Sec. 822. Expansion on the prohibition on acquiring certain metal
products.
Sec. 823. Requirement that certain ship components be manufactured in
the national technology and industrial
base.
Sec. 824. Preference for sourcing rare earth materials from the
national technology and industrial base.
Sec. 825. Enhanced domestic content requirement for major defense
acquisition programs.
Sec. 826. Additional requirements pertaining to printed circuit boards.
Sec. 827. Report on use of domestic nonavailability determinations.
Sec. 828. Sense of Congress on the prohibition on certain
telecommunications and video surveillance
services or equipment.
Sec. 829. Domestic sourcing requirements for aluminum.
Sec. 830. Report on aluminum refining, processing, and manufacturing.
Sec. 830A. Briefing on the supply chain for small unmanned aircraft
system components.
Sec. 830B. Prohibition on procurement or operation of foreign-made
unmanned aircraft systems.
Sec. 830C. Sense of Congress on gaps or vulnerabilities in the national
technology and industrial base.
Sec. 830D. Report on partnerships for rare earth material supply chain
security.
Subtitle D--Small Business Matters
Sec. 831. Transfer of verification of small business concerns owned and
controlled by veterans or service-disabled
veterans to the Small Business
Administration.
Sec. 832. Equitable adjustments to certain construction contracts.
Sec. 833. Exemption of certain contracts awarded to small business
concerns from category management
requirements.
Sec. 834. Report on accelerated payments to certain small business
concerns.
Sec. 835. Extension of participation in 8(a) program.
Sec. 836. Past performance ratings of certain small business concerns.
Sec. 837. Category management training.
Sec. 838. Small businesses in territories of the United States.
Sec. 839. Eligibility of the commonwealth of the northern mariana
islands for certain small business
administration programs.
Sec. 840. Boots to Business Program.
Sec. 840A. Employment size standard requirements.
Subtitle E--Other Matters
Sec. 841. Modifications to supervision and award of certain contracts.
Sec. 842. Amendments to submissions to Congress relating to certain
foreign military sales.
Sec. 843. Revisions to requirement to use firm fixed-price contracts
for foreign military sales.
Sec. 844. Small Business Industrial Base Resiliency Program.
Sec. 845. Requirements relating to reports and limitations on the
availability of funds.
Sec. 846. Assessment of the requirements processes of the military
departments.
Sec. 847. Report on transfer and consolidation of certain defense
acquisition statutes.
Sec. 848. Prohibition on contracting with persons with willful or
repeated violations of the Fair Labor
Standards Act of 1938.
Sec. 849. Reestablishment of Commission on Wartime Contracting.
Sec. 850. Report on certain contracts relating to construction or
maintenance of a border wall.
Sec. 851. Congressional oversight of private security contractor
contracts.
Sec. 852. Revisions to the Unified Facilities Criteria regarding the
use of variable refrigerant flow systems.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Repeal of position of Chief Management Officer.
Sec. 902. Assistant Secretary of Defense for Industrial Base Policy.
Sec. 903. Assignment of responsibility for the Arctic region within the
Office of the Secretary of Defense.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Limitation on reduction of civilian workforce.
Sec. 912. Chief Diversity Officers.
Sec. 913. Establishment of Deputy Assistant Secretaries for
Sustainment.
Sec. 914. Office of Defense Community Cooperation and Economic
Adjustment.
Sec. 915. Input from Chief of National Guard Bureau to the Joint
Requirements Oversight Council.
Sec. 916. Redesignation of the Joint Forces Staff College.
Sec. 917. Reporting on post-JAIC assignment.
Sec. 918. Comptroller General report on vulnerabilities of the
Department of Defense resulting from
offshore technical support call centers.
Sec. 919. Limitation on consolidation or transition to alternative
content delivery methods within the Defense
Media Activity.
Subtitle C--Space Matters
Sec. 921. Assistant Secretary of Defense for Space and Strategic
Deterrence Policy.
Sec. 922. Office of the Chief of Space Operations.
Sec. 923. Space Force Medal.
Sec. 924. Clarification of procurement of commercial satellite
communications services.
Sec. 925. Temporary exemption from authorized daily average of members
in pay grades E-8 and E-9.
Sec. 926. One-time uniform allowance for members transferred to the
Space Force.
Sec. 927. Rank and grade structure of the United States Space Force.
Sec. 928. Report on the role of the Naval Postgraduate School in space
education.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Determination of budgetary effects.
Sec. 1003. Pandemic Preparedness and Resilience National Security Fund.
Sec. 1004. Budget materials for special operations forces.
Sec. 1005. Department of Defense audit remediation plan.
Sec. 1006. Public availability of Department of Defense legislative
proposals.
Subtitle B--Counterdrug Activities
Sec. 1011. Support for counterdrug activities and activities to counter
transnational organized crime affecting
flow of drugs into the United States.
Sec. 1012. Congressional notification with respect to Department of
Defense support provided to other United
States agencies for counterdrug activities
and activities to counter transnational
organized crime.
Subtitle C--Naval Vessels
Sec. 1021. Limitation on availability of certain funds without naval
vessels plan and certification.
Sec. 1022. Limitations on use of funds in the National Defense Sealift
Fund for purchase of foreign constructed
vessels.
Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally
funded contracts to provide full funding
for Columbia class submarines.
Sec. 1024. Preference for United States vessels in transporting
supplies by sea.
Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in
foreign shipyards.
Sec. 1026. Biannual report on shipbuilder training and the defense
industrial base.
Sec. 1027. Prohibition on use of funds for retirement of certain
littoral combat ships.
Sec. 1028. Report on implementation of Commandant's Planning Guidance.
Sec. 1029. Limitation on naval force structure changes.
Subtitle D--Counterterrorism
Sec. 1031. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain
countries.
Sec. 1032. Annual report on use of social media by foreign terrorist
organizations.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Support of special operations to combat terrorism.
Sec. 1042. Prohibition on retirement of nuclear powered aircraft
carriers before first refueling.
Sec. 1043. Required minimum inventory of tactical airlift aircraft.
Sec. 1044. Modification and technical correction to Department of
Defense authority to provide assistance
along the southern land border of the
United States.
Sec. 1045. Battlefield airborne communications node certification
requirement.
Sec. 1046. Requirements relating to newest generations of personal
protective equipment.
Sec. 1047. Prohibition on use of funds for retirement of A-10 aircraft.
Sec. 1048. Mandatory criteria for strategic basing decisions.
Sec. 1049. Limitation on use of funds pending public availability of
top-line numbers of deployed members of the
Armed Forces.
Sec. 1050. Limitation on physical move, integration, reassignment, or
shift in responsibility of Marine Forces
Northern Command.
Sec. 1051. Conditions for permanently basing United States equipment or
additional forces in host countries with
at-risk vendors in 5G or 6G networks.
Sec. 1052. Curtailing Insurrection Act Violations of Individuals'
Liberties.
Sec. 1053. Prohibition on use of funds for discriminatory algorithmic
decisionmaking systems.
Sec. 1054. Inclusion of explosive ordnance disposal in special
operations activities.
Sec. 1055. Requirements in connection with use of personnel other than
the militia or the Armed Forces to suppress
interference with State and Federal law.
Sec. 1056. Limitation on deactivation, unmanning, or selling of Army
watercraft assets pending comprehensive
analysis of mobility requirements and
capabilities.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Family and medical leave amendments.
Sec. 1102. Limitation on authority to exclude employees from chapter 71
of title 5.
Sec. 1103. Authority to provide travel and transportation allowances in
connection with transfer ceremonies of
department of defense and coast guard
civilian employees who die overseas.
Sec. 1104. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for federal civilian employees working
overseas.
Sec. 1105. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1106. Limiting the number of local wage areas defined within a pay
locality.
Sec. 1107. Civilian Faculty At the Defense Security Cooperation
University and Institute of Security
Governance.
Sec. 1108. Expansion of authority for appointment of recently-retired
members of the armed forces to positions at
certain industrial base facilities.
Sec. 1109. Fire Fighters Alternative Work Schedule demonstration
project.
Sec. 1110. Special rules for certain monthly workers' compensation
payments and other payments for Federal
Government personnel under chief of mission
authority.
Sec. 1111. Restoration of annual leave due to a pandemic.
Sec. 1112. Prohibition on downloading or using TikTok by Federal
employees.
Sec. 1113. Telework travel expenses program of the United States Patent
and Trademark Office.
Sec. 1114. Extension of rate of overtime pay authority for Department
of the Navy employees performing work
aboard or dockside in support of the
nuclear-powered aircraft carrier forward
deployed in Japan.
Sec. 1115. Vacancy of Inspector General positions.
Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020
Sec. 1121. Short title.
Sec. 1122. Sense of Congress.
Sec. 1123. Notification of violation.
Sec. 1124. Reporting requirements.
Sec. 1125. Data to be posted by employing Federal agencies.
Sec. 1126. Data to be posted by the Equal Employment Opportunity
Commission.
Sec. 1127. Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 amendments.
Sec. 1128. Nondisclosure agreement limitation.
Subtitle C--Office of the National Cyber Director
Sec. 1131. Short title.
Sec. 1132. National Cyber Director.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification and extension of support of special operations
for irregular warfare.
Sec. 1202. Department of Defense participation in European Program on
Multilateral Exchange of Surface
Transportation Services.
Sec. 1203. Extension of authority to transfer excess high mobility
multipurpose wheeled vehicles to foreign
countries.
Sec. 1204. Modification and extension of update of Department of
Defense Freedom of Navigation Report.
Sec. 1205. Extension of report on workforce development.
Sec. 1206. Report on human rights and building partner capacity
programs.
Sec. 1207. Extension of Department of Defense support for stabilization
activities in national security interest of
the United States.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of authority for reimbursement of
certain coalition nations for support
provided to United States military
operations.
Sec. 1212. Extension of the Afghan Special Immigrant Visa Program.
Sec. 1213. Limitation on use of funds to reduce deployment to
Afghanistan.
Sec. 1214. Report on Operation Freedom Sentinel.
Sec. 1215. Modifications to immunity from seizure under judicial
process of cultural objects.
Sec. 1216. Strategy for post-conflict engagement by the United States
in Afghanistan.
Sec. 1217. Congressional oversight of United States talks with Taliban
officials and Afghanistan's comprehensive
peace process.
Sec. 1218. Report on civilian casualties in Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension and modification of authority to provide
assistance to counter the Islamic State of
Iraq and Syria.
Sec. 1222. Extension of authority to provide assistance to the vetted
Syrian opposition.
Sec. 1223. Extension of authority to support operations and activities
of the Office of Security Cooperation in
Iraq.
Sec. 1224. Prohibition on provision of weapons and other forms of
support to certain organizations.
Sec. 1225. Consolidated budget display and report on Operation Spartan
Shield.
Sec. 1226. Sense of Congress on Peshmerga forces as a partner in
Operation Inherent Resolve.
Sec. 1227. Report on the threat posed by Iranian-backed militias in
Iraq.
Subtitle D--Matters Relating to Russia
Sec. 1231. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1232. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1233. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1234. United States participation in the Open Skies Treaty.
Sec. 1235. Sense of Congress on support for Ukraine.
Sec. 1236. Report on presence of Russian military forces in other
foreign countries.
Sec. 1237. Sense of Congress on the Open Skies Treaty.
Sec. 1238. Countering Russian and Other Overseas Kleptocracy.
Sec. 1239. Report on threats to the United States Armed Forces from the
Russian Federation.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1241. Limitations on use of funds to reduce the total number of
members of the Armed Forces serving on
active duty who are stationed in Germany,
to reduce the total number of members of
the Armed Forces stationed in Europe, and
to divest military infrastructure in
Europe.
Sec. 1242. Sense of Congress reaffirming the commitment of the United
States to NATO.
Sec. 1243. Sense of Congress on support for coordinated action to
ensure the security of Baltic allies.
Sec. 1244. Sense of Congress on support for Estonia, Latvia, and
Lithuania.
Sec. 1245. Sense of Congress on support for Georgia.
Sec. 1246. Sense of Congress on burden sharing by partners and allies.
Sec. 1247. Sense of Congress on NATO's response to the COVID-19
pandemic.
Sec. 1248. Clarification and expansion of sanctions relating to
construction of Nord Stream 2 or Turkstream
pipeline projects.
Sec. 1249. Coordination of stockpiles with the North Atlantic Treaty
Organization and other allies.
Subtitle F--Matters Relating to the Indo-Pacific Region
Sec. 1251. Indo-Pacific Reassurance Initiative.
Sec. 1252. Limitation on use of funds to reduce the total number of
members of the Armed Forces serving on
active duty who are deployed to South
Korea.
Sec. 1253. Implementation of GAO recommendations on preparedness of
United States forces to counter North
Korean chemical and biological weapons.
Sec. 1254. Public reporting of Chinese military companies operating in
the United States.
Sec. 1255. Independent study on the defense industrial base of the
People's Republic of China.
Sec. 1256. Deterrence strategy against Chinese-origin cyber attacks.
Sec. 1257. Report on China's One Belt, One Road Initiative in Africa.
Sec. 1258. Sense of Congress on enhancement of the United States-Taiwan
defense relationship.
Sec. 1259. Report on supply chain security cooperation with Taiwan.
Sec. 1260. Report on United States-Taiwan medical security partnership.
Sec. 1260A. Report on United Front Work Department.
Sec. 1260B. Sense of Congress on cross-border violence between the
People's Republic of China and India and
the growing territorial claims of China.
Sec. 1260C. Sense of Congress on United States commitments to Pacific
allies.
Sec. 1260D. Restrictions on export, reexport, and in-country transfers
of certain items that provide a critical
capability to the Government of the
People's Republic of China to suppress
individual privacy, freedom, and other
basic human rights.
Sec. 1260E. Prohibition on commercial export of covered defense
articles and services and covered munitions
items to the Hong Kong Police.
Sec. 1260F. Southeast Asia Strategy.
Sec. 1260G. Sense of Congress on strategic security relationship
between the United States and Mongolia.
Subtitle G--Other Matters
Sec. 1261. Provision of goods and services to Kwajalein Atoll.
Sec. 1262. Annual briefings on certain foreign military bases of
adversaries.
Sec. 1263. Report on progress of the Department of Defense with respect
to denying a fait accompli by a strategic
competitor against a covered defense
partner.
Sec. 1264. Modification to requirements of the initiative to support
protection of national security academic
researchers from undue influence and other
security threats.
Sec. 1265. Report on directed use of fishing fleets.
Sec. 1266. Expanding the state partnership program in Africa.
Sec. 1267. Report relating to reduction in the total number of United
States Armed Forces deployed to United
States Africa Command area of
responsibility.
Sec. 1268. Report on enhancing partnerships between the United States
and African countries.
Sec. 1269. Sense of Congress with respect to Qatar.
Sec. 1270. Sense of Congress on United States military support for and
participation in the Multinational Force
and Observers.
Sec. 1271. Report on us military support of the Saudi-led coalition in
Yemen.
Sec. 1272. Prohibition on support for military participation against
the Houthis.
Sec. 1273. Rule of construction relating to use of military force.
Sec. 1274. Countering white identity terrorism globally.
Sec. 1275. Yemen.
Sec. 1276. Establishment of the Office of Subnational Diplomacy.
Sec. 1277. Report and strategy to address gross violations of human
rights and civilian harm in Burkina Faso,
Mali, and Niger.
Sec. 1278. Assessment of effectiveness of United States policies
relating to exports of United States-origin
Unmanned Aerial Systems that are assessed
to be ``Category I'' items under the
Missile Technology Control Regime.
Sec. 1279. Sense of Congress on the United States Israel relationship.
Sec. 1280. Feasibility study on increased rotational deployments to
Greece and enhancement of United States-
Greece diplomatic engagement.
Sec. 1281. Report on internally displaced peoples in Ukraine, Georgia,
Moldova, and Azerbaijan.
Sec. 1282. Sense of Congress on cross-border violence in the Galwan
Valley and the growing territorial claims
of the People's Republic of China.
Sec. 1283. Enhancing Engagement with the Caribbean.
Sec. 1284. Amendments to annual Country Reports on Human Rights
Practices.
Sec. 1285. Establishment of National Commission on U.S.
Counterterrorism Policy.
Sec. 1286. Program to prevent, mitigate, and respond to civilian harm
as a result of military operations in
Somalia.
Sec. 1287. Sense of Congress regarding Japan and SMA report draft.
Sec. 1288. Sense of Congress relating to Grand Ethiopian Renaissance
Dam.
Sec. 1289. Report on all comprehensive sanctions imposed on foreign
governments.
Sec. 1290. Limitation on assistance to Brazil.
Sec. 1291. United States Agency for Global Media.
Sec. 1292. Determination and imposition of sanctions with respect to
Turkey's acquisition of the S-400 air and
missile defense system.
Sec. 1293. Report on incidents of arbitrary detention, violence, and
state-sanctioned harassment by the
Government of Egypt against United States
citizens and their family members who are
not United States citizens.
Sec. 1294. Establishment of the Open Technology Fund.
Sec. 1295. Sense of Congress on payment of amounts owed by Kuwait to
United States medical institutions.
Sec. 1296. Protection and promotion of internationally recognized human
rights during the novel coronavirus
pandemic.
Sec. 1297. Review of Department of Defense compliance with ``Principles
Related to the Protection of Medical Care
Provided by Impartial Humanitarian
Organizations During Armed Conflicts''.
Sec. 1298. Promoting human rights in Colombia.
Sec. 1299. Waiver of passport fees for certain individuals.
Sec. 1299A. Report on Venezuela.
Sec. 1299B. Prohibition on use of funds for aerial fumigation.
Sec. 1299C. Report on support for democratic reforms by the Government
of the Republic of Georgia.
Sec. 1299D. Assessment on modernization targets of the People's
Liberation Army.
Sec. 1299E. Mitigation and prevention of atrocities in high-risk
countries.
Sec. 1299F. Resumption of Peace Corps operations.
Sec. 1299G. Transfer of excess naval vessels to the Government of
Egypt.
Sec. 1299H. Limitation on production of nuclear proliferation
assessment statements.
Sec. 1299I. Report on Mexican Security Forces.
Sec. 1299J. Matters relating to Cooperative Threat Reduction programs
and weapons of mass destruction terrorism.
Sec. 1299K. Certification relating to assistance for Guatemala.
Sec. 1299L. Report on foreign influence campaigns targeting United
States Federal elections.
Subtitle H--Global Child Thrive Act of 2020
Sec. 1299M-1. Short title.
Sec. 1299M-2. Sense of Congress.
Sec. 1299M-3. Assistance to improve early childhood outcomes globally.
Sec. 1299M-4. Special advisor for assistance to orphans and vulnerable
children.
Sec. 1299M-5. Rule of construction.
Subtitle I--Global Health Security Act of 2020
Sec. 1299N-1. Short title.
Sec. 1299N-2. Global Health Security Agenda Interagency Review Council.
Sec. 1299N-3. United States Coordinator for Global Health Security.
Sec. 1299N-4. Strategy and reports.
Sec. 1299N-5. Compliance with the Foreign Aid Transparency and
Accountability Act of 2016.
Sec. 1299N-6. Definitions.
Sec. 1299N-7. Sunset.
Subtitle J--United States Nationals Unlawfully or Wrongfully Detained
Abroad
Sec. 1299O-1. Short title.
Sec. 1299O-2. Assistance for United States nationals unlawfully or
wrongfully detained abroad.
Sec. 1299O-3. Special Envoy for Hostage Affairs.
Sec. 1299O-4. Hostage Recovery Fusion Cell.
Sec. 1299O-5. Hostage Response Group.
Sec. 1299O-6. Authorization of imposition of sanctions.
Sec. 1299O-7. Definitions.
Sec. 1299O-8. Rule of construction.
Subtitle K--Matters Relating to the Northern Triangle
Sec. 1299P-1. Actions to advance prosperity in the Northern Triangle.
Sec. 1299P-2. Actions to combat corruption in the Northern Triangle.
Sec. 1299P-3. Actions to strengthen democratic institutions in the
Northern Triangle.
Sec. 1299P-4. Actions to improve security conditions in the Northern
Triangle.
Sec. 1299P-5. Targeted sanctions to fight corruption in the Northern
Triangle.
Sec. 1299P-6. Definitions.
Subtitle L--Additional Matters Relating to NATO Allies and Partners
Sec. 1299Q-1. Foreign military loan authority.
Sec. 1299Q-2. Authorization of rewards for providing information on
foreign election interference.
Sec. 1299Q-3. Report on NATO member contributions.
Sec. 1299Q-4. Report on capability and capacity requirements of
military forces of Ukraine and resource
plan for security assistance.
Sec. 1299Q-5. Efforts to counter malign authoritarian influence.
Subtitle M--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020
Sec. 1299R-1. Short title.
Sec. 1299R-2. Definitions.
Sec. 1299R-3. Statement of policy.
Sec. 1299R-4. Support for democratic governance, rule of law, human
rights, and fundamental freedoms.
Sec. 1299R-5. Support for development programs.
Sec. 1299R-6. Support for conflict mitigation.
Sec. 1299R-7. Support for accountability for war crimes, crimes against
humanity, and genocide in Sudan.
Sec. 1299R-8. Suspension of assistance.
Sec. 1299R-9. Multilateral assistance.
Sec. 1299R-10. Coordinated support to recover assets stolen from the
Sudanese people.
Sec. 1299R-11. Limitation on assistance to the Sudanese security and
intelligence services.
Sec. 1299R-12. Authorization of imposition of sanctions with respect to
certain Government of Sudan officials and
other individuals.
Sec. 1299R-13. Reports.
Sec. 1299R-14. United States strategy for support to a civilian-led
government in Sudan.
Sec. 1299R-15. Amendments to the Darfur Peace and Accountability Act of
2006.
Sec. 1299R-16. Repeal of Sudan Peace Act and the Comprehensive Peace in
Sudan Act.
Subtitle N--Afghanistan Security and Reconstruction Transparency Act
Sec. 1299S-1. Short title.
Sec. 1299S-2. Public availability of data pertaining to measures of
performance of the Afghan National Defense
and Security Forces.
Sec. 1299S-3. District-level stability assessments of Afghan government
and insurgent control and influence.
Subtitle O--LIFT Act
Sec. 1299T-1. Short title.
Sec. 1299T-2. Sense of Congress.
Sec. 1299T-3. Annual deadline for trafficking in persons report.
Sec. 1299T-4. United States Advisory Council on Human Trafficking.
Sec. 1299T-5. Timely provision of information to the Office to Monitor
and Combat Trafficking in Persons of the
Department of State.
Sec. 1299T-6. Reports to Congress.
Sec. 1299T-7. Definitions.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
Sec. 1302. Sense of Congress regarding biological threat reduction and
cooperative biological engagement of the
Cooperative Threat Reduction Program.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Sec. 1406. National defense sealift fund.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs
medical facility demonstration fund for
Captain James A. Lovell Health Care Center,
Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1508. Defense Inspector General.
Sec. 1509. Defense Health Program.
Subtitle B--Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C--Other Matters
Sec. 1521. Afghanistan security forces fund.
Sec. 1522. Report on transitioning funding.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. National Security Space Launch program.
Sec. 1602. Requirement to buy certain satellite component from national
technology and industrial base.
Sec. 1603. Commercial space domain awareness capabilities.
Sec. 1604. Responsive satellite infrastructure.
Sec. 1605. Policy to ensure launch of small-class payloads.
Sec. 1606. Tactically responsive space launch operations.
Sec. 1607. Limitation on availability of funds for prototype program
for multi-global navigation satellite
system receiver development.
Sec. 1608. Limitation on awarding contracts to entities operating
commercial terrestrial communication
networks that cause interference with the
Global Positioning System.
Sec. 1609. Prohibition on availability of funds for certain purposes
relating to the Global Positioning System.
Sec. 1610. Report on resilient protected communications satellites.
Sec. 1610A. Permanent personnel management authority for Space
Development Agency for experts in science
and engineering.
Sec. 1610B. Report on effect of COVID-19 on space industrial base and
space programs of Department of Defense.
Sec. 1610C. Satellite ground network frequency licensing.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1611. Validation of capability requirements of National
Geospatial-Intelligence Agency.
Sec. 1612. Safety of navigation mission of the National Geospatial-
Intelligence Agency.
Sec. 1613. National Academies Climate Security Roundtable.
Sec. 1614. Report on risk to national security posed by quantum
computing technologies.
Subtitle C--Cyberspace-Related Matters
Sec. 1621. Cyber mission forces and cyberspace operations forces.
Sec. 1622. Cyberspace solarium commission.
Sec. 1623. Tailored cyberspace operations organizations.
Sec. 1624. Responsibility for the Sector Risk Management Agency
function of the Department of Defense.
Sec. 1625. Department of Defense Cyber Workforce Efforts.
Sec. 1626. Reporting requirements for cross domain compromises and
exemptions to policies for information
technology.
Sec. 1627. Assessing private-public collaboration in cybersecurity.
Sec. 1628. Cyber capabilities and interoperability of the National
Guard.
Sec. 1629. Evaluation of non-traditional cyber support to the
Department of Defense.
Sec. 1630. Establishment of integrated cyber center.
Sec. 1631. Cyber threat information collaboration environment.
Sec. 1632. Defense industrial base participation in a threat
intelligence sharing program.
Sec. 1633. Assistance for small manufacturers in the defense industrial
supply chain on matters relating to
cybersecurity.
Sec. 1634. Defense industrial base cybersecurity threat hunting and
sensing, discovery, and mitigation.
Sec. 1635. Defense Digital Service.
Sec. 1636. Limitation of funding for National Defense University.
Sec. 1637. Critical infrastructure cyber incident reporting procedures.
Sec. 1638. Funding for National Center for Hardware and Embedded
Systems Security and Trust.
Sec. 1639. Strengthening Federal networks.
Sec. 1640. DOD Cyber Hygiene and Cybersecurity Maturity Model
Certification Framework.
Sec. 1640A. Subpoena authority.
Sec. 1640B. Extension of sunset for pilot program on regional
cybersecurity training center for the Army
National Guard.
Sec. 1640C. CISA Cybersecurity Support to Agencies.
Sec. 1640D. Establishment in DHS of joint cyber planning office.
Sec. 1640E. Implementation of certain cybersecurity recommendations;
cyber hygiene and Cybersecurity Maturity
Model Certification Framework.
Sec. 1640F. Biennial national cyber exercise.
Subtitle D--Nuclear Forces
Sec. 1641. Coordination in transfer of funds by Department of Defense
to National Nuclear Security
Administration.
Sec. 1642. Exercises of nuclear command, control, and communications
system.
Sec. 1643. Independent studies on nuclear weapons programs of certain
foreign states.
Sec. 1644. Role of Secretary of Defense and Secretary of Energy on
Nuclear Weapons Council.
Sec. 1645. Limitation on availability of funds relating to updates on
meetings held by Nuclear Weapons Council.
Sec. 1646. Briefing on nuclear weapons storage and maintenance
facilities of the Air Force.
Subtitle E--Missile Defense Programs
Sec. 1651. Extension and modification of requirement for Comptroller
General of the United States review and
assessment of missile defense acquisition
programs.
Sec. 1652. Extension of transition of ballistic missile defense
programs to military departments.
Sec. 1653. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1654. Annual certification on hypersonic and ballistic missile
tracking space sensor payload.
Sec. 1655. Alignment of the Missile Defense Agency within the
Department of Defense.
Sec. 1656. Analysis of alternatives for homeland missile defense
missions.
Sec. 1657. Next generation interceptors.
Sec. 1658. Oversight of next generation interceptor program.
Sec. 1659. Missile defense cooperation between the United States and
Israel.
Sec. 1660. Report on defense of Guam from integrated air and missile
threats.
Sec. 1661. Report on cruise missile defense.
Subtitle F--Other Matters
Sec. 1671. Conventional prompt global strike.
Sec. 1672. Submission of reports under Missile Defense Review and
Nuclear Posture Review.
Sec. 1673. Report on consideration of risks of inadvertent escalation
to nuclear war.
Sec. 1674. Limitation on availability of funds relating to reports on
missile systems and arms control treaties.
Sec. 1675. Cybersecurity and Infrastructure Security Agency review.
TITLE XVII--REPORTS AND OTHER MATTERS
Subtitle A--Studies and Reports
Sec. 1701. Review of support of special operations to combat terrorism.
Sec. 1702. FFRDC study of explosive ordnance disposal agencies.
Sec. 1703. Report on the Human Rights Office at United States Southern
Command.
Sec. 1704. Report on joint training range exercises for the Pacific
region.
Sec. 1705. Study on Chinese policies and influence in the development
of international standards for emerging
technologies.
Sec. 1706. Sense of Congress and strategy on catastrophic critical
infrastructure failure response.
Sec. 1707. GAO study on the school-to-prison pipeline.
Sec. 1708. Department of Veterans Affairs report on unclaimed property.
Sec. 1709. Report regarding veterans who receive benefits under laws
administered by the Secretary of Veterans
Affairs.
Sec. 1710. GAO report on ZTE compliance with settlement agreement.
Sec. 1710A. GAO study of cybersecurity insurance.
Sec. 1710B. Report on recognition of African American servicemembers in
Department of Defense naming practices.
Sec. 1710C. Report on Government police training and equipping
programs.
Sec. 1710D. Deepfake report.
Sec. 1710E. Study on unemployment rate of women veterans who served on
active duty in the Armed Forces after
September 11, 2001.
Sec. 1710F. Report on the Oklahoma City National Memorial.
Sec. 1710G. Reports on military service academies.
Sec. 1710H. Independent study on identifying and addressing threats
that individually or collectively affect
national security, financial security, or
both.
Sec. 1710I. Maritime security and domain awareness.
Sec. 1710J. Comptroller General report on Department of Defense
processes for responding to congressional
reporting requirements.
Sec. 1710K. Report on predatory social media and the military
community.
Sec. 1710L. Report on transforming business processes for revolutionary
change.
Sec. 1710M. Review and Report of experimentation with ticks and
insects.
Sec. 1710N. Report on agile program and project management.
Subtitle B--Electronic Message Preservation
Sec. 1711. Short title.
Sec. 1712. Preservation of electronic messages and other records.
Sec. 1713. Presidential records.
Subtitle C--Space Technology Advancement Report (STAR) Act of 2020
Sec. 1721. Short title.
Sec. 1722. Findings.
Sec. 1723. Report; strategy.
Subtitle D--AMBER Alert Nationwide
Sec. 1731. Cooperation with Department of Homeland Security.
Sec. 1732. AMBER Alerts along major transportation routes.
Sec. 1733. AMBER Alert communication plans in the territories.
Sec. 1734. Government Accountability Office report.
Subtitle E--Other Matters
Sec. 1741. Technical, conforming, and clerical amendments.
Sec. 1742. Addition of Chief of the National Guard Bureau to the list
of officers providing reports of unfunded
priorities.
Sec. 1743. Acceptance of property by military academies and museums.
Sec. 1744. Reauthorization of National Oceanographic Partnership
Program.
Sec. 1745. Requirements relating to program and project management.
Sec. 1746. Quarterly briefings on Joint All Domain Command and Control
concept.
Sec. 1747. Resources to implement a Department of Defense policy on
civilian casualties in connection with
United States military operations.
Sec. 1748. Sense of Congress regarding reporting of civilian casualties
resulting from United States military
operations.
Sec. 1749. Prohibition of public display of Confederate battle flag on
Department of Defense property.
Sec. 1750. Deployment of real-time status of special use airspace.
Sec. 1751. Duties of Secretary under Uniformed and Overseas Citizens
Absentee Voting Act.
Sec. 1752. Publicly available database of casualties of members of the
Armed Forces.
Sec. 1753. Notice and comment for proposed actions of the Secretary of
Defense relating to food and beverage
ingredients.
Sec. 1754. Space strategies and assessment.
Sec. 1755. Nonimmigrant status for certain nationals of Portugal.
Sec. 1756. Sense of Congress on extension of limitations on importation
of uranium from Russian Federation.
Sec. 1757. Authority to establish a movement coordination center
pacific in the Indopacific region.
Sec. 1758. Establishment of vetting procedures and monitoring
requirements for certain military training.
Sec. 1759. Women, Peace, and Security Act implementation.
Sec. 1760. Developing crisis capabilities to meet needs for homeland
security-critical supplies.
Sec. 1761. Establishment of western emergency refined petroleum
products reserve.
Sec. 1762. Foreign state computer intrusions.
Sec. 1763. Online and distance education classes and nonimmigrant
visas.
Sec. 1764. Transfer of Mare Island Naval Cemetery to Secretary of
Veterans Affairs for maintenance by
National Cemetery Administration.
Sec. 1765. Mitigation of helicopter noise.
Sec. 1766. Department of Defense support for certain sporting events.
Sec. 1767. Pilot program for online real estate inventory tool.
Sec. 1768. Establishment of Southern New England Regional Commission.
Sec. 1769. FedRamp Authorization Act.
Sec. 1770. Taxpayers Right-To-Know Act.
Sec. 1771. Building United States capacity for verification and
manufacturing of advanced microelectronics.
Sec. 1772. Threshold for reporting additions to toxics release
inventory.
Sec. 1773. Hemp products.
Sec. 1774. Exemption from Paperwork Reduction Act.
Sec. 1775. Support for the designation of National Borinqueneers Day.
Sec. 1776. Temporary relief for private student loan borrowers.
Sec. 1777. Support for national maritime heritage grants program.
Sec. 1778. Extension of time to review World War I Valor Medals.
Sec. 1779. Ensuring Chinese debt transparency.
Sec. 1780. Strategy to secure email.
Sec. 1781. Report on threat posed by domestic terrorists.
Sec. 1782. Domestic procurement of tungsten and tungsten powder.
Sec. 1783. Department of defense mechanism for provision of dissenting
views.
Sec. 1784. Sector Risk Management Agencies.
Sec. 1785. Integration of members of the Armed Forces who are
minorities.
Sec. 1786. Policy on conscious and unconscious gender bias.
Sec. 1787. Protections for pregnant members of the Armed Forces.
Sec. 1788. Release of Department of Defense documents on the 1981 El
Mozote massacre in El Salvador.
Sec. 1789. Study and establishment of the Assistant Deputy Secretary
for Environment and Resilience.
Sec. 1790. Expansion of eligibility for HUD-VASH.
Sec. 1791. Waiver authority with respect to institutions located in an
area affected by Hurricane Maria.
Sec. 1792. Credit monitoring.
Sec. 1793. Department of Homeland Security CISA Director term
limitation.
Sec. 1794. Workforce issues for military realignments in the Pacific.
Sec. 1795. Inclusion on the Vietnam Veterans Memorial Wall of the names
of the lost crew members of the U.S.S.
Frank E. Evans killed on June 3, 1969.
Sec. 1796. Study on viability of seawater mining for critical minerals.
Sec. 1797. Restrictions on Confucius Institutes.
Sec. 1798. Disclosure requirement.
Sec. 1799. Increased realism and training effectiveness for airborne
anti-submarine warfare training at offshore
training ranges.
Sec. 1800. Review of use of innovative wood product technology.
Sec. 1801. Strategy to increase participation in international military
education and training programs.
Sec. 1802. Establishment of Office of Cyber Engagement of the
Department of Veterans Affairs.
Sec. 1803. Certified notice at completion of an assessment.
Sec. 1804. Department of Homeland Security acquisition documentation.
Sec. 1805. Large-scale non-intrusive inspection scanning plan.
Sec. 1806. National supply chain database.
Sec. 1807. Coordination with Hollings Manufacturing Extension
Partnership Centers.
Sec. 1808. COVID-19 Emergency Medical Supplies Enhancement.
Sec. 1809. Prohibition on provision of grant funds to entities that
have violated intellectual property rights
of United States entities.
Sec. 1810. Disclosure of imports from the Xinjiang Uyghur Autonomous
Region.
Sec. 1811. Ted Stevens Center for Arctic Security Studies.
Sec. 1812. Payments for private education loan borrowers, as a result
of COVID-19.
Subtitle F--Semiconductor Manufacturing Incentives
Sec. 1821. Semiconductor incentive grants.
Sec. 1822. Department of Commerce study on status of semiconductors
technologies in the United States
industrial base.
Sec. 1823. Funding for development and adoption of secure semiconductor
and secure semiconductor supply chains.
Sec. 1824. Advanced semiconductor research and design.
Sec. 1825. Prohibition relating to foreign entities of concern.
Subtitle G--Biliteracy Education Seal and Teaching Act
Sec. 1831. Short title.
Sec. 1832. Findings.
Sec. 1833. Definitions.
Sec. 1834. Grants for State Seal of Biliteracy programs.
Subtitle H--Accountability for World Bank Loans to China
Sec. 1841. Short title.
Sec. 1842. Findings.
Sec. 1843. United States support for graduation of China from World
Bank assistance.
Sec. 1844. Accountability for World Bank loans to the People's Republic
of China.
Sec. 1845. Ensuring debt transparency with respect to the Belt and Road
Initiative.
Subtitle I--Employment Fairness for Taiwan
Sec. 1851. Short title.
Sec. 1852. Sense of the Congress.
Sec. 1853. Fairness for Taiwan nationals regarding employment at
international financial institutions.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Limitation on military construction project at Kwajalein
Atoll.
Sec. 2105. Modification of authority to carry out certain fiscal year
2017 project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing and improvements to military family housing
units.
Sec. 2203. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing and improvements to military family housing
units.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Modification of authority to carry out certain fiscal year
2018 project.
Sec. 2305. Modification of authority to carry out certain fiscal year
2019 projects.
Sec. 2306. Modification of authority to carry out certain fiscal year
2020 projects.
Sec. 2307. Technical corrections related to authority to carry out
certain fiscal year 2020 family housing
projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Military construction infrastructure and weapon system
synchronization for Ground Based Strategic
Deterrent.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. State of Qatar funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out certain fiscal year
2020 project.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense base closure account.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Modification and clarification of construction authority in
the event of a declaration of war or
national emergency.
Sec. 2802. Extension of sunset for annual locality adjustment of dollar
thresholds applicable to unspecified minor
military construction authorities.
Sec. 2803. Modification of reporting requirement regarding cost
increases associated with certain military
construction projects and military family
housing projects.
Sec. 2804. Expansion of Department of Defense land exchange authority.
Sec. 2805. Congressional project authorization required for military
construction projects for energy
resilience, energy security, and energy
conservation.
Sec. 2806. One-year extension of temporary, limited authority to use
operation and maintenance funds for
construction projects in certain areas
outside the United States.
Sec. 2807. Pilot Program to support combatant command military
construction priorities.
Sec. 2808. Biannual report regarding military installations supported
by disaster relief appropriations.
Subtitle B--Military Family Housing Reforms
Sec. 2811. Expenditure priorities in using Department of Defense Family
Housing Improvement Fund.
Sec. 2812. Promulgation of guidance to facilitate return of military
families displaced from privatized military
housing.
Sec. 2813. Promulgation of guidance on mold mitigation in privatized
military housing.
Sec. 2814. Expansion of uniform code of basic standards for privatized
military housing and hazard and
habitability inspection and assessment
requirements to Government-owned and
Government-controlled military family
housing.
Sec. 2815. Establishment of Exceptional Family Member Program housing
liaison.
Sec. 2816. Department of Defense report on criteria and metrics used to
evaluate performance of landlords of
privatized military housing that receive
incentive fees.
Sec. 2817. Report on Department of Defense efforts regarding oversight
and role in management of privatized
military housing.
Sec. 2818. Improved Department of Defense and landlord response to
identification and remediation of severe
environmental health hazards in military
housing.
Sec. 2819. Inclusion of assessment of performance metrics in annual
publication on use of incentive fees for
privatized military housing projects.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Codification of reporting requirements regarding United
States overseas military enduring locations
and contingency locations.
Sec. 2822. Limitations on renewal of utility privatization contracts.
Sec. 2823. Vesting exercise of discretion with Service Secretaries
regarding entering into longer-term
contracts for utility services.
Sec. 2824. Use of on-site energy production to promote military
installation energy resilience and energy
security.
Sec. 2825. Availability of Energy Resilience and Conservation
Investment Program funds for certain
activities related to privatized utility
systems.
Sec. 2826. Improving water management and security on military
installations.
Sec. 2827. Pilot program to test use of emergency diesel generators in
a microgrid configuration at certain
military installations.
Sec. 2828. Improved electrical metering of Department of Defense
infrastructure supporting critical
missions.
Sec. 2829. Renaming certain military installations and other defense
property.
Subtitle D--Land Conveyances
Sec. 2831. Land conveyance, Camp Navajo, Arizona.
Sec. 2832. Modification of land exchange involving Naval Industrial
Reserve Ordnance Plant, Sunnyvale,
California.
Sec. 2833. Land conveyance, Sharpe Army Depot, lathrop, California.
Sec. 2834. Land exchange, San Bernardino County, California.
Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System
receiving station, Modoc County,
California.
Sec. 2836. Transfer of administrative jurisdiction, Naval Support
Activity Panama City, Florida, parcel.
Sec. 2837. Land conveyance, Milan Army Ammunition Plant, Tennessee.
Subtitle E--Military Land Withdrawals
Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval
Air Facility, El Centro, California.
Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and
reservation.
Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal
and reservation.
Sec. 2844. Additional requirements regarding Nevada Test and Training
Range.
Sec. 2845. Specified duration of White Sands Missile Range land
withdrawal and reservation and
establishment of special reservation area
for northern and western extension areas.
Sec. 2846. Grand Canyon Centennial Protection Act.
Subtitle F--Asia-Pacific and Indo-Pacific Issues
Sec. 2851. Change to biennial reporting requirement for Interagency
Coordination Group of Inspectors General
for Guam Realignment.
Sec. 2852. Additional exception to restriction on development of public
infrastructure in connection with
realignment of Marine Corps forces in Asia-
Pacific region.
Sec. 2853. Development of master plan for infrastructure to support
rotational Armed Forces in Australia.
Sec. 2854. Study and strategy regarding bulk fuels management in United
States Indo-Pacific Command Area of
Responsibility.
Sec. 2855. Department of Defense report on easements and leased lands
in Hawai`i.
Subtitle G--Other Matters
Sec. 2861. Defense Community Infrastructure Program.
Sec. 2862. Pilot program on reduction of effects of military aviation
noise on certain covered property.
Sec. 2863. Department of Defense policy for regulation of dangerous
dogs in military communities.
Sec. 2864. Responsibility of Navy for military construction
requirements for certain Fleet Readiness
Centers.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, Limitations, and
Other Matters
Sec. 3111. Nuclear warhead acquisition processes.
Sec. 3112. Uncosted and unobligated amounts of National Nuclear
Security Administration.
Sec. 3113. Extension of limitation relating to reclassification of
high-level waste.
Sec. 3114. Extension of pilot program on unavailability for overhead
costs of amounts specified for laboratory-
directed research and development.
Sec. 3115. Plutonium pit production.
Sec. 3116. Program for research and development of advanced naval
nuclear fuel system based on low-enriched
uranium.
Sec. 3117. Independent study on effects of use of nuclear weapons.
Sec. 3118. Reports on diversity of certain contractor employees of
National Nuclear Security Administration.
Sec. 3119. Findings, purpose, and apology relating to fallout emitted
during the Government's atmospheric nuclear
tests.
Sec. 3120. Sense of Congress regarding uranium mining and nuclear
testing.
Sec. 3121. Prohibition on use of funds for nuclear weapons test
explosions.
Sec. 3122. Sense of Congress on the Energy Employees Occupational
Illness Compensation Program.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Sense of Congress regarding role of domestic maritime
industry in national security.
Sec. 3503. Nonapplicability of requirement relating to minimum number
of operating days for vessels operating
under MSP Operating Agreements.
Sec. 3504. Improvements to process for waiving navigation and vessel-
inspection laws.
Sec. 3505. Maritime transportation system emergency relief program.
Sec. 3506. Centers of excellence for domestic maritime workforce
training and education: technical
amendments.
Sec. 3507. Merchant mariner education loan program.
Sec. 3508. Assistance for inland and small coastal ports and terminals.
Sec. 3509. National Shipper Advisory Committee.
Sec. 3510. Sea year cadets on cable security fleet and tanker security
fleet vessels.
Sec. 3510A. Superintendent of the United States Merchant Marine
Academy.
Sec. 3510B. Maritime academy information.
Sec. 3510C. Mariner licensing and credentialing.
Sec. 3510D. National Shipper Advisory Committee.
Subtitle B--Tanker Security Fleet
Sec. 3511. Tanker Security Fleet.
TITLE XXXVI--FARM AND RANCH MENTAL HEALTH
Sec. 3601. Public service announcement campaign to address farm and
ranch mental health.
Sec. 3602. Employee training program to manage farmer and rancher
stress.
Sec. 3603. Task force for assessment of causes of mental stress and
best practices for response.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of energy national security programs.
DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020
Sec. 5001. Short title.
Sec. 5002. Findings.
Sec. 5003. Definitions.
TITLE I--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE
Sec. 5101. National Artificial Intelligence Initiative.
Sec. 5102. National Artificial Intelligence Initiative Office.
Sec. 5103. Coordination by Interagency Committee.
Sec. 5104. National Artificial Intelligence Advisory Committee.
Sec. 5105. National Academies artificial intelligence impact study on
workforce.
Sec. 5106. GAO report on computational needs.
Sec. 5107. National AI Research Resource Task Force.
Sec. 5108. Sense of Congress.
Sec. 5109. Rule of construction regarding ethical artificial
intelligence.
TITLE II--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES
Sec. 5201. National Artificial Intelligence Research Institutes.
TITLE III--DEPARTMENT OF COMMERCE
Sec. 5301. National Institute of Standards and Technology activities.
Sec. 5302. National Oceanic and Atmospheric Administration Artificial
Intelligence Center.
TITLE IV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE
ACTIVITIES
Sec. 5401. Artificial intelligence research and education.
TITLE V--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
Sec. 5501. Department of Energy Artificial Intelligence Research
Program.
Sec. 5502. Department of Energy Veterans' Health Initiative.
DIVISION F--CORPORATE TRANSPARENCY ACT OF 2019
Sec. 6001. Short title.
Sec. 6002. Findings.
Sec. 6003. Transparent incorporation practices.
Sec. 6004. Studies and reports.
Sec. 6005. Definitions.
DIVISION G--COUNTER ACT OF 2019
Sec. 7001. Short title.
Sec. 7002. Bank Secrecy Act definition.
TITLE I--STRENGTHENING TREASURY
Sec. 7101. Improving the definition and purpose of the Bank Secrecy
Act.
Sec. 7102. Special hiring authority.
Sec. 7103. Civil Liberties and Privacy Officer.
Sec. 7104. Civil Liberties and Privacy Council.
Sec. 7105. International coordination.
Sec. 7106. Treasury Attaches Program.
Sec. 7107. Increasing technical assistance for international
cooperation.
Sec. 7108. FinCEN Domestic Liaisons.
Sec. 7109. FinCEN Exchange.
Sec. 7110. Study and strategy on trade-based money laundering.
Sec. 7111. Study and strategy on de-risking.
Sec. 7112. AML examination authority delegation study.
Sec. 7113. Study and strategy on Chinese money laundering.
TITLE II--IMPROVING AML/CFT OVERSIGHT
Sec. 7201. Pilot program on sharing of suspicious activity reports
within a financial group.
Sec. 7202. Sharing of compliance resources.
Sec. 7203. GAO Study on feedback loops.
Sec. 7204. FinCEN study on BSA value.
Sec. 7205. Sharing of threat pattern and trend information.
Sec. 7206. Modernization and upgrading whistleblower protections.
Sec. 7207. Certain violators barred from serving on boards of United
States financial institutions.
Sec. 7208. Additional damages for repeat Bank Secrecy Act violators.
Sec. 7209. Justice annual report on deferred and non-prosecution
agreements.
Sec. 7210. Return of profits and bonuses.
Sec. 7211. Application of Bank Secrecy Act to dealers in antiquities.
Sec. 7212. Geographic targeting order.
Sec. 7213. Study and revisions to currency transaction reports and
suspicious activity reports.
Sec. 7214. Streamlining requirements for currency transaction reports
and suspicious activity reports.
TITLE III--MODERNIZING THE AML SYSTEM
Sec. 7301. Encouraging innovation in BSA compliance.
Sec. 7302. Innovation Labs.
Sec. 7303. Innovation Council.
Sec. 7304. Testing methods rulemaking.
Sec. 7305. FinCEN study on use of emerging technologies.
Sec. 7306. Discretionary surplus funds.
DIVISION H--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
Sec. 101. Short title.
Sec. 102. Definition of Commandant.
TITLE I--AUTHORIZATIONS
Sec. 8001. Authorizations of appropriations.
Sec. 8002. Authorized levels of military strength and training.
Sec. 8003. Determination of budgetary effects.
Sec. 8004. Availability of amounts for acquisition of additional
National Security Cutter.
Sec. 8005. Procurement authority for Polar Security Cutters.
Sec. 8006. Sense of the Congress on need for new Great Lakes
icebreaker.
Sec. 8007. Procurement authority for Great Lakes icebreaker.
Sec. 8008. Polar Security Cutter acquisition report.
Sec. 8009. Shoreside infrastructure.
Sec. 8010. Major acquisition systems infrastructure.
Sec. 8011. Polar icebreakers.
Sec. 8012. Acquisition of fast response cutter.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 9101. Grade on retirement.
Sec. 9102. Authority for officers to opt out of promotion board
consideration.
Sec. 9103. Temporary promotion authority for officers in certain grades
with critical skills.
Sec. 9104. Career intermission program.
Sec. 9105. Direct commissioning authority for individuals with critical
skills.
Sec. 9106. Employment assistance.
Subtitle B--Organization and Management Matters
Sec. 9201. Congressional affairs; Director.
Sec. 9202. Limitations on claims.
Sec. 9203. Renewal of temporary early retirement authority.
Sec. 9204. Major acquisitions; operation and sustainment costs.
Sec. 9205. Support of women serving in the Coast Guard.
Sec. 9206. Disposition of infrastructure related to E-LORAN.
Sec. 9207. Positions of importance and responsibility.
Sec. 9208. Research projects; transactions other than contracts and
grants.
Sec. 9209. Acquisition workforce authorities.
Sec. 9210. Vessel conversion, alteration, and repair projects.
Sec. 9211. Modification of acquisition process and procedures.
Sec. 9212. Establishment and purpose of Fund; definition.
Sec. 9213. Payments from Fund.
Sec. 9214. Determination of contributions to Fund.
Sec. 9215. Payments into Fund.
Subtitle C--Access to Child Care for Coast Guard Families
Sec. 9301. Report on child care and school-age care assistance for
qualified families.
Sec. 9302. Review of family support services website and online
tracking system.
Sec. 9303. Study and survey on Coast Guard child care needs.
Sec. 9304. Pilot program to expand access to child care.
Sec. 9305. Improvements to Coast Guard-owned family housing.
Sec. 9306. Briefing on transfer of family child care provider
qualifications and certifications.
Sec. 9307. Inspections of Coast Guard child development centers and
family child care providers.
Sec. 9308. Expanding opportunities for family child care.
Sec. 9309. Definitions.
Subtitle D--Reports
Sec. 9401. Modifications of certain reporting requirements.
Sec. 9402. Report on cybersecurity workforce.
Sec. 9403. Report on navigation and bridge resource management.
Sec. 9404. Report on helicopter life-cycle support and
recapitalization.
Sec. 9405. Report on Coast Guard response capabilities for cyber
incidents on vessels entering ports or
waters of the United States.
Sec. 9406. Study and report on Coast Guard interdiction of illicit
drugs in transit zones.
Sec. 9407. Report on liability limits set in section 1004 of the Oil
Pollution Act of 1990.
Sec. 9408. Report on Coast Guard defense readiness resources
allocation.
Sec. 9409. Report on the feasibility of liquefied natural gas fueled
vessels.
Sec. 9410. Coast Guard authorities study.
Sec. 9411. Report on effects of climate change on Coast Guard.
Sec. 9412. Shore infrastructure.
Sec. 9413. Coast Guard housing; status and authorities briefing.
Sec. 9414. Physical access control system report.
Sec. 9415. Study on Certificate of Compliance inspection program with
respect to vessels that carry bulk
liquefied gases as cargo and liquefied
natural gas tank vessels.
Sec. 9416. Comptroller General of the United States review and report
on Coast Guard's International Port
Security Program.
Sec. 9417. Comptroller General of the United States review and report
on surge capacity of the Coast Guard.
Sec. 9418. Comptroller General of the United States review and report
on marine inspections program of Coast
Guard.
Sec. 9419. Comptroller General of the United States review and report
on information technology program of Coast
Guard.
Sec. 9420. Comptroller General of the United States study and report on
access to health care by members of Coast
Guard and dependents.
Sec. 9421. Comptroller General of the United States study and report on
medical staffing standards and needs for
Coast Guard.
Sec. 9422. Report on fast response cutters, offshore patrol cutters,
and national security cutters.
Subtitle E--Coast Guard Academy Improvement Act
Sec. 9501. Short title.
Sec. 9502. Coast Guard Academy study.
Sec. 9503. Annual report.
Sec. 9504. Assessment of Coast Guard Academy admission processes.
Sec. 9505. Coast Guard Academy minority outreach team program.
Sec. 9506. Coast Guard college student pre-commissioning initiative.
Sec. 9507. Annual board of visitors.
Sec. 9508. Homeland Security rotational cybersecurity research program
at Coast Guard Academy.
Subtitle F--Other Matters
Sec. 9601. Strategy on leadership of Coast Guard.
Sec. 9602. Expedited transfer in cases of sexual assault; dependents of
members of the Coast Guard.
Sec. 9603. Access to resources during creosote-related building
closures at Coast Guard Base Seattle,
Washington.
Sec. 9604. Southern resident orca conservation and enforcement.
Sec. 9605. Sense of Congress and report on implementation of policy on
issuance of warrants and subpoenas and
whistleblower protections by agents of the
Coast Guard Investigative Service.
Sec. 9606. Inspector General report on access to Equal Opportunity
Advisors and Equal Employment Opportunity
Specialists.
Sec. 9607. Insider Threat Program.
TITLE III--MARITIME
Subtitle A--Navigation
Sec. 10101. Electronic charts; equivalency.
Sec. 10102. Subrogated claims.
Sec. 10103. Loan provisions under Oil Pollution Act of 1990.
Sec. 10104. Oil pollution research and development program.
Sec. 10105. Limited indemnity provisions in standby oil spill response
contracts.
Subtitle B--Shipping
Sec. 10201. Passenger vessel security and safety requirements;
application.
Sec. 10202. Small passenger vessels and uninspected passenger vessels.
Sec. 10203. Non-operating individual.
Sec. 10204. Conforming amendments: training; public safety personnel.
Sec. 10205. Maritime transportation assessment.
Sec. 10206. Engine cut-off switches; use requirement.
Sec. 10207. Authority to waive operator of self-propelled uninspected
passenger vessel requirements.
Sec. 10208. Exemptions and equivalents.
Sec. 10209. Waiver of navigation and vessel inspection laws.
Sec. 10210. Renewal of merchant mariner licenses and documents.
Sec. 10211. Certificate extensions.
Sec. 10212. Vessel safety standards.
Sec. 10213. Medical standards.
Subtitle C--Advisory Committees
Sec. 10301. Advisory committees.
Sec. 10302. Maritime Transportation System National Advisory Committee.
Sec. 10303. Expired maritime liens.
Sec. 10304. Great Lakes Pilotage Advisory Committee.
Sec. 10305. National Commercial Fishing Safety Advisory Committee.
Sec. 10306. Exemption of commercial fishing vessels operating in
Alaskan Region from Global Maritime
Distress and Safety System requirements of
Federal Communications Commission.
Subtitle D--Ports
Sec. 10401. Port, harbor, and coastal facility security.
Sec. 10402. Aiming laser pointer at vessel.
Sec. 10403. Safety of special activities.
Sec. 10404. Security plans; reviews.
Sec. 10405. Vessel traffic service.
Sec. 10406. Transportation work identification card pilot program.
TITLE IV--MISCELLANEOUS
Subtitle A--Navigation and Shipping
Sec. 11101. Coastwise trade.
Sec. 11102. Towing vessels operating outside boundary line.
Sec. 11103. Sense of Congress regarding the maritime industry of the
United States.
Sec. 11104. Cargo preference study.
Sec. 11105. Towing vessel inspection fees.
Subtitle B--Maritime Domain Awareness
Sec. 11201. Unmanned maritime systems and satellite vessel tracking
technologies.
Sec. 11202. Unmanned aircraft systems testing.
Sec. 11203. Land-based unmanned aircraft system program of Coast Guard.
Sec. 11204. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 11205. United States commercial space-based radio frequency
maritime domain awareness testing and
evaluation program.
Sec. 11206. Authorization of use of automatic identification systems
devices to mark fishing equipment.
Subtitle C--Arctic
Sec. 11301. Coast Guard Arctic prioritization.
Sec. 11302. Arctic PARS Native engagement.
Sec. 11303. Voting requirement.
Sec. 11304. Report on the Arctic capabilities of the Armed Forces.
Sec. 11305. Report on Arctic search and rescue.
Sec. 11306. Arctic Shipping Federal Advisory Committee.
Subtitle D--Other Matters
Sec. 11401. Plan for wing-in-ground demonstration plan.
Sec. 11402. Northern Michigan oil spill response planning.
Sec. 11403. Documentation of LNG tankers.
Sec. 11404. Replacement vessel.
Sec. 11405. Educational vessel.
Sec. 11406. Waters deemed not navigable waters of the United States for
certain purposes.
Sec. 11407. Anchorages.
Sec. 11408. Comptroller General of the United States study and report
on vertical evacuation for tsunamis at
Coast Guard Stations in Washington and
Oregon.
Sec. 11409. Authority to enter into agreements with National Coast
Guard Museum Association.
Sec. 11410. Formal sexual assault policies for passenger vessels.
Sec. 11411. Regulations for covered small passenger vessels.
TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 12001. Transfers.
Sec. 12002. Additional transfers.
Sec. 12003. License exemptions; repeal of obsolete provisions.
Sec. 12004. Maritime transportation system.
Sec. 12005. References to ``persons'' and ``seamen''.
Sec. 12006. References to ``himself'' and ``his''.
Sec. 12007. Miscellaneous technical corrections.
Sec. 12008. Technical corrections relating to codification of Ports and
Waterways Safety Act.
Sec. 12009. Aids to navigation.
Sec. 12010. Transfers related to employees of Lighthouse Service.
Sec. 12011. Transfers related to surviving spouses of Lighthouse
Service employees.
Sec. 12012. Repeals related to lighthouse statutes.
TITLE VI--FEDERAL MARITIME COMMISSION
Sec. 13001. Short title.
Sec. 13002. Authorization of appropriations.
Sec. 13003. Unfinished proceedings.
Sec. 13004. Transfer of Federal Maritime Commission provisions.
DIVISION I--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Sec. 14001. Short title.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 14101. Sense of Congress on importance of Department of State's
work.
Sec. 14102. Bureau of Democracy, Human Rights, and Labor.
Sec. 14103. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 14104. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 14105. Office of International Disability Rights.
Sec. 14106. Office of Global Women's Issues.
Sec. 14107. Special appointments.
Sec. 14108. Anti-piracy information sharing.
Sec. 14109. Importance of foreign affairs training to national
security.
Sec. 14110. Classification and assignment of Foreign Service officers.
Sec. 14111. Energy diplomacy and security within the Department of
State.
Sec. 14112. The National Museum of American Diplomacy.
Sec. 14113. Extension of period for reimbursement of fishermen for
costs incurred from the illegal seizure and
detention of U.S.-flag fishing vessels by
foreign governments.
Sec. 14114. Art in embassies.
Sec. 14115. Amendment or repeal of reporting requirements.
Sec. 14116. Reporting on implementation of GAO recommendations.
Sec. 14117. Office of Global Criminal Justice.
TITLE II--EMBASSY CONSTRUCTION
Sec. 14201. Embassy security, construction, and maintenance.
Sec. 14202. Standard design in capital construction.
Sec. 14203. Capital construction transparency.
Sec. 14204. Contractor performance information.
Sec. 14205. Growth projections for new embassies and consulates.
Sec. 14206. Long-range planning process.
Sec. 14207. Value engineering and risk assessment.
Sec. 14208. Business volume.
Sec. 14209. Embassy security requests and deficiencies.
Sec. 14210. Overseas security briefings.
Sec. 14211. Contracting methods in capital construction.
Sec. 14212. Competition in embassy construction.
Sec. 14213. Statement of policy.
Sec. 14214. Definitions.
TITLE III--PERSONNEL ISSUES
Sec. 14301. Defense Base Act insurance waivers.
Sec. 14302. Study on Foreign Service allowances.
Sec. 14303. Science and technology fellowships.
Sec. 14304. Travel for separated families.
Sec. 14305. Home leave travel for separated families.
Sec. 14306. Sense of Congress regarding certain fellowship programs.
Sec. 14307. Technical correction.
Sec. 14308. Foreign Service awards.
Sec. 14309. Diplomatic programs.
Sec. 14310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 14311. Employee assignment restrictions and preclusions.
Sec. 14312. Recall and reemployment of career members.
Sec. 14313. Strategic staffing plan for the department.
Sec. 14314. Consulting services.
Sec. 14315. Incentives for critical posts.
Sec. 14316. Extension of authority for certain accountability review
boards.
Sec. 14317. Foreign Service suspension without pay.
Sec. 14318. Foreign Affairs Manual and Foreign Affairs Handbook
changes.
Sec. 14319. Waiver authority for individual occupational requirements
of certain positions.
Sec. 14320. Appointment of employees to the Global Engagement Center.
Sec. 14321. Rest and recuperation and overseas operations leave for
Federal employees.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 14401. Definitions.
Sec. 14402. Collection, analysis, and dissemination of workforce data.
Sec. 14403. Exit interviews for workforce.
Sec. 14404. Recruitment and retention.
Sec. 14405. Leadership engagement and accountability.
Sec. 14406. Professional development opportunities and tools.
Sec. 14407. Examination and oral assessment for the Foreign Service.
Sec. 14408. Payne fellowship authorization.
Sec. 14409. Voluntary participation.
TITLE V--INFORMATION SECURITY
Sec. 14501. Definitions.
Sec. 14502. Information system security.
Sec. 14503. Prohibition on contracting with certain telecommunications
providers.
Sec. 14504. Preserving records of electronic communications conducted
related to official duties of positions in
the public trust of the American people.
Sec. 14505. Foreign Relations of the United States (FRUS) series and
declassification.
Sec. 14506. Vulnerability Disclosure Policy and Bug Bounty Pilot
Program.
TITLE VI--PUBLIC DIPLOMACY
Sec. 14601. Short title.
Sec. 14602. Avoiding duplication of programs and efforts.
Sec. 14603. Improving research and evaluation of public diplomacy.
Sec. 14604. Permanent reauthorization of the united states advisory
commission on public diplomacy.
Sec. 14605. Streamlining of support functions.
Sec. 14606. Guidance for closure of public diplomacy facilities.
Sec. 14607. Definitions.
TITLE VII--COMBATING PUBLIC CORRUPTION
Sec. 14701. Sense of congress.
Sec. 14702. Annual assessment.
Sec. 14703. Transparency and accountability.
Sec. 14704. Designation of embassy anti-corruption points of contact.
Sec. 14705. Reporting requirements.
Sec. 14706. Foreign investments and national security.
TITLE VIII--MISCELLANEOUS
Sec. 14801. Case-Zablocki Act Reform.
Sec. 14802. Limitation on assistance to countries in default.
Sec. 14803. Prohibition on assistance to governments supporting
international terrorism.
Sec. 14804. Sean and David Goldman Child Abduction Prevention and
Return Act of 2014 amendment.
Sec. 14805. Modification of authorities of Commission for the
Preservation of America's Heritage Abroad.
Sec. 14806. Chief of mission concurrence.
DIVISION J--COMBATING RUSSIAN MONEY LAUNDERING
Sec. 15001. Short title.
Sec. 15002. Statement of policy.
Sec. 15003. Sense of Congress.
Sec. 15004. Determination with respect to primary money laundering
concern of Russian illicit finance.
DIVISION K--KLEPTOCRACY ASSET RECOVERY REWARDS ACT
Sec. 16001. Short title.
Sec. 16002. Findings; sense of Congress.
Sec. 16003. In general.
DIVISION L--STOPPING TRAFFICKING, ILLICIT FLOWS, LAUNDERING, AND
EXPLOITATION
Sec. 17001. Short title.
Sec. 17002. Findings.
Sec. 17003. GAO Study.
DIVISION M--IMPROVING CORPORATE GOVERNANCE THROUGH DIVERSITY
Sec. 18001. Short title.
Sec. 18002. Submission of data relating to diversity by issuers.
Sec. 18003. Diversity advisory group.
DIVISION N--BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2019
Sec. 19001. Short title.
Sec. 19002. Report on financial services benefitting state sponsors of
terrorism, human rights abusers, and
corrupt officials.
Sec. 19003. Waiver.
Sec. 19004. Definitions.
Sec. 19005. Sunset.
DIVISION O--PUBLIC LANDS
Sec. 20001. Short title.
TITLE I--COLORADO WILDERNESS
Sec. 20101. Short title; definition.
Sec. 20102. Additions to National Wilderness Preservation System in the
State of Colorado.
Sec. 20103. Administrative provisions.
Sec. 20104. Water.
Sec. 20105. Sense of Congress.
Sec. 20106. Department of defense study on impacts that the expansion
of wilderness designations in the western
united states would have on the readiness
of the armed forces of the united states
with respect to aviation training.
TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
Sec. 20201. Short title.
Sec. 20202. Definitions.
Subtitle A--Restoration and Economic Development
Sec. 20211. South Fork Trinity-Mad River Restoration Area.
Sec. 20212. Redwood National and State Parks restoration.
Sec. 20213. California Public Lands Remediation Partnership.
Sec. 20214. Trinity Lake visitor center.
Sec. 20215. Del Norte County visitor center.
Sec. 20216. Management plans.
Sec. 20217. Study; partnerships related to overnight accommodations.
Subtitle B--Recreation
Sec. 20221. Horse Mountain Special Management Area.
Sec. 20222. Bigfoot National Recreation Trail.
Sec. 20223. Elk Camp Ridge Recreation Trail.
Sec. 20224. Trinity Lake Trail.
Sec. 20225. Trails study.
Sec. 20226. Construction of mountain bicycling routes.
Sec. 20227. Partnerships.
Subtitle C--Conservation
Sec. 20231. Designation of wilderness.
Sec. 20232. Administration of wilderness.
Sec. 20233. Designation of potential wilderness.
Sec. 20234. Designation of wild and scenic rivers.
Sec. 20235. Sanhedrin Special Conservation Management Area.
Subtitle D--Miscellaneous
Sec. 20241. Maps and legal descriptions.
Sec. 20242. Updates to land and resource management plans.
Sec. 20243. Pacific Gas and Electric Company Utility facilities and
rights-of-way.
TITLE III--CENTRAL COAST HERITAGE PROTECTION
Sec. 20301. Short title.
Sec. 20302. Definitions.
Sec. 20303. Designation of wilderness.
Sec. 20304. Designation of the Machesna Mountain Potential Wilderness.
Sec. 20305. Administration of wilderness.
Sec. 20306. Designation of Wild and Scenic Rivers.
Sec. 20307. Designation of the Fox Mountain Potential Wilderness.
Sec. 20308. Designation of scenic areas.
Sec. 20309. Condor National Scenic Trail.
Sec. 20310. Forest service study.
Sec. 20311. Nonmotorized recreation opportunities.
Sec. 20312. Use by members of Tribes.
TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
Sec. 20401. Short title.
Sec. 20402. Definition of State.
Subtitle A--San Gabriel National Recreation Area
Sec. 20411. Purposes.
Sec. 20412. Definitions.
Sec. 20413. San Gabriel National Recreation Area.
Sec. 20414. Management.
Sec. 20415. Acquisition of non-Federal land within Recreation Area.
Sec. 20416. Water rights; water resource facilities; public roads;
utility facilities.
Sec. 20417. San Gabriel National Recreation Area Public Advisory
Council.
Sec. 20418. San Gabriel National Recreation Area Partnership.
Sec. 20419. Visitor services and facilities.
Subtitle B--San Gabriel Mountains
Sec. 20421. Definitions.
Sec. 20422. National monument boundary modification.
Sec. 20423. Designation of Wilderness Areas and Additions.
Sec. 20424. Administration of Wilderness Areas and Additions.
Sec. 20425. Designation of Wild and Scenic Rivers.
Sec. 20426. Water rights.
TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION
Sec. 20501. Short title.
Sec. 20502. Boundary adjustment; land acquisition; administration.
TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
Sec. 20601. Short title.
Sec. 20602. Designation of olympic national forest wilderness areas.
Sec. 20603. Wild and scenic river designations.
Sec. 20604. Existing rights and withdrawal.
Sec. 20605. Treaty rights.
TITLE VII--STUDY ON FLOOD RISK MITIGATION
Sec. 20701. Study on Flood Risk Mitigation.
TITLE VIII--MISCELLANEOUS
Sec. 20801. Promoting health and wellness for veterans and
servicemembers.
Sec. 20802. Fire, insects, and diseases.
Sec. 20803. Military activities.
DIVISION P--COLORADO OUTDOOR RECREATION AND ECONOMY ACT
Sec. 21001. Short title.
Sec. 21002. Definition of State.
TITLE I--CONTINENTAL DIVIDE
Sec. 21101. Definitions.
Sec. 21102. Colorado Wilderness additions.
Sec. 21103. Williams Fork Mountains Wilderness.
Sec. 21104. Tenmile Recreation Management Area.
Sec. 21105. Porcupine Gulch Wildlife Conservation Area.
Sec. 21106. Williams Fork Mountains Wildlife Conservation Area.
Sec. 21107. Camp Hale National Historic Landscape.
Sec. 21108. White River National Forest Boundary modification.
Sec. 21109. Rocky Mountain National Park Potential Wilderness Boundary
adjustment.
Sec. 21110. Administrative provisions.
TITLE II--SAN JUAN MOUNTAINS
Sec. 21201. Definitions.
Sec. 21202. Additions to National Wilderness Preservation System.
Sec. 21203. Special management areas.
Sec. 21204. Release of wilderness study areas.
Sec. 21205. Administrative provisions.
TITLE III--THOMPSON DIVIDE
Sec. 21301. Purposes.
Sec. 21302. Definitions.
Sec. 21303. Thompson Divide Withdrawal and Protection Area.
Sec. 21304. Thompson Divide lease exchange.
Sec. 21305. Greater Thompson Divide Fugitive Coal Mine Methane Use
Pilot Program.
Sec. 21306. Effect.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
Sec. 21401. Definitions.
Sec. 21402. Curecanti National Recreation Area.
Sec. 21403. Acquisition of land; boundary management.
Sec. 21404. General management plan.
Sec. 21405. Boundary survey.
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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2021
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.
Subtitle B--Navy Programs
SEC. 111. INDEPENDENT COST ESTIMATE OF FFG(X) FRIGATE PROGRAM.
In accordance with section 2334(b) of title 10, United States
Code, the Secretary of Defense shall ensure that an independent cost
estimate of the full life-cycle cost of the FFG(X) frigate program of
the Navy has been completed before the conclusion of milestone B of
such program.
SEC. 112. LIQUIFIED NATURAL GAS PILOT PROGRAM.
The Secretary of the Navy shall carry out a pilot program under
which the Secretary shall experiment and innovate within the fleet
using liquified natural gas technology to retrofit, modify, or build
vessels capable of dual fueling (diesel and liquified natural gas) or
powered by liquified natural gas alone.
Subtitle C--Air Force Programs
SEC. 121. MODIFICATION OF FORCE STRUCTURE OBJECTIVES FOR B-1 BOMBER
AIRCRAFT.
(a) Modification of Minimum Inventory Requirement.--Section
9062(h)(2) of title 10, United States Code, is amended by striking
``36'' and inserting ``24''.
(b) Temporary Authority To Retire Aircraft.--
(1) In general.--Notwithstanding section 9062(h)(1) of
title 10, United States Code, the Secretary of the Air Force
may retire up to seventeen B-1 aircraft.
(2) Termination of authority.--The authority of the
Secretary of the Air Force to retire aircraft under paragraph
(1) shall terminate on January 1, 2023.
(c) Preservation of Certain Aircraft and Maintenance Personnel.--
Until the date on which the Secretary of the Air Force determines that
the B-21 aircraft has attained initial operating capability, the
Secretary--
(1) shall preserve each B-1 aircraft that is retired under
subsection (b), in a manner that ensures the components and
parts of such aircraft are maintained in reclaimable condition
that is consistent with type 2000 recallable storage, or
better; and
(2) may not reduce the number of billets assigned to
maintenance of B-1 aircraft in effect on January 1, 2020.
SEC. 122. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR
RETIREMENT OF RC-135 AIRCRAFT.
Section 148(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1243) is amended by striking
``for fiscal year 2020'' and inserting ``for any of fiscal years 2020
through 2025''.
SEC. 123. MODIFICATION OF LIMITATION ON AVAILABILITY OF FUNDS FOR
RETIREMENT OF E-8 JSTARS AIRCRAFT.
Section 147(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is
amended by striking ``certifies to the congressional defense committees
that Increment 2 of the Advanced Battle-Management System of the Air
Force has declared initial operational capability as defined in the
Capability Development Document for the System'' and inserting
``certifies to the congressional defense committees that--
``(1) the Secretary has identified a replacement capability
and capacity for the current fleet of 16 E-8 Joint Surveillance
Target Attack Radar System aircraft to meet global combatant
command requirements; and
``(2) such replacement delivers capabilities that are
comparable or superior to the capabilities delivered by such
aircraft.''.
SEC. 124. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ADVANCED BATTLE
MANAGEMENT SYSTEM PENDING CERTIFICATION RELATING TO RQ-4
AIRCRAFT.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2021 for the Department
of the Air Force for the Advanced Battle Management System, not more
than 50 percent may be obligated or expended until--
(1) the Secretary of the Air Force certifies, in writing,
to the Committees on Armed Services of the Senate and the House
of Representatives that the Secretary will not retire, or
prepare to retire, any RQ-4 aircraft during fiscal year 2021;
(2)(A) the Under Secretary of Defense for Acquisition and
Sustainment certifies, in writing, to such Committees that,
with respect to the RQ-4 aircraft, the validated operating and
sustainment costs of any capability developed to replace the
RQ-4 aircraft are less than the validated operating and
sustainment costs for the RQ-4 aircraft on a comparable flight-
hour cost basis; and
(B) the Chairman of the Joint Requirements Oversight
Council certifies, in writing, to such Committees that any such
capability to be fielded at the same time or before the
retirement of the RQ-4 aircraft would result in equal or
greater capability available to the commanders of the combatant
commands and would not result in less capacity available to the
commanders of the combatant commands; or
(3) the Secretary of Defense--
(A) certifies, in writing, to such Committees that
the Secretary has determined, after analyzing
sufficient and relevant data, that a capability
superior to the RQ-4 aircraft is worth increased
operating and sustainment costs; and
(B) provides to such Committees analysis supporting
such determination.
(b) Consultation Requirement.--Before issuing a certification under
subsection (a), the official responsible for issuing such certification
shall consult with the combatant commanders on the matters covered by
the certification.
(c) Advanced Battle Management System Defined.--In this section,
the term ``Advanced Battle Management System'' has the meaning given
that term in section 236(c) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1281).
SEC. 125. INVENTORY REQUIREMENTS FOR CERTAIN AIR REFUELING TANKER
AIRCRAFT.
(a) Minimum Inventory Requirements for KC-10A Aircraft.--
(1) Fiscal year 2021.--During the period beginning on the
date of the enactment of this Act and ending on October 1,
2021, the Secretary of the Air Force shall maintain a minimum
of 50 KC-10A aircraft designated as primary mission aircraft
inventory.
(2) Fiscal year 2022.--During the period beginning on
October 1, 2021, and ending on October 1, 2022, the Secretary
of the Air Force shall maintain a minimum of 38 KC-10A aircraft
designated as primary mission aircraft inventory.
(3) Fiscal year 2023.--During the period beginning on
October 1, 2022, and ending on October 1, 2023, the Secretary
of the Air Force shall maintain a minimum of 26 KC-10A aircraft
designated as primary mission aircraft inventory.
(b) Prohibition on Retirement of KC-135 Aircraft.--
(1) Prohibition.--Except as provided in paragraph (2),
during the period beginning on the date of the enactment of
this Act and ending on October 1, 2023, the Secretary of the
Air Force may not retire, or prepare to retire, any KC-135
aircraft.
(2) Exception.--The prohibition in paragraph (1) shall not
apply to individual KC-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.
(c) KC-135 Aircraft Fleet Management.--None of the funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2021 for the Air Force may be obligated or expended to reduce the
number of KC-135 aircraft designated as primary mission aircraft
inventory.
(d) Primary Mission Aircraft Inventory Defined.--In this section,
the term ``primary mission aircraft inventory'' has the meaning given
that term in section 9062(i)(2)(B) of title 10, United States Code.
SEC. 126. LIMITATION ON PRODUCTION OF KC-46A AIRCRAFT.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2021 for the Air
Force may be used to approve the full-rate production of KC-46A
aircraft or enter into a contract for the production of more than
twelve KC-46A aircraft until the date on which the Secretary of the Air
Force certifies to the congressional defense committees that all
category-one deficiencies in the systems of the aircraft have been
corrected, including the deficiencies affecting the aircraft's remote
visioning system, telescoping actuator in the boom system, and primary
fuel containment system.
(b) Report.--Not later than February 1, 2021, the Secretary of the
Air Force shall submit to the congressional defense committees a report
on the KC-46A aircraft. The report shall include--
(1) a schedule for the correction of each category-one
deficiency described in subsection (a);
(2) a plan to engage an independent test organization to
verify the effectiveness of any proposed solutions to such
category-one deficiencies; and
(3) an acquisition strategy for the aircraft that--
(A) identifies principal acquisition milestones;
and
(B) will ensure that there is sufficient
competition for the procurement of a nondevelopmental
tanker aircraft at the conclusion of the KC-46A
production contract in effect as of the date of the
enactment of this Act.
(c) Category-One Deficiency Defined.--The term ``category-one
deficiency'' means a deficiency that may cause--
(1) death or severe injury to personnel; or
(2) major loss or damage to critical aircraft capabilities.
SEC. 127. ASSESSMENT AND CERTIFICATION RELATING TO OC-135 AIRCRAFT.
(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 2021 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 backup inventory status, any OC-135 aircraft until
a period of 90 days has elapsed following the date on which the
Secretary of the Air Force submits to the congressional defense
committees--
(1) the report required under subsection (c); and
(2) the certification required under subsection (d).
(b) Exception.--The limitation in subsection (a) shall not apply
to--
(1) individual OC-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 or other damage; or
(2) funds obligated or expended--
(A) for the preparation of the report required
under subsection (c); or
(B) for the Air Force to assess options to
repurpose the OC-135 aircraft to support other mission
requirements.
(c) Report Required.--Not later than 180 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 that includes the
following:
(1) Identification of any unclassified aerial imagery
requirements that the Air Force or Air National Guard can meet
using the OC-135 aircraft, a version of the aircraft that is
expected to replace the OC-135, or similar aerial imagery
collection and processing capabilities.
(2) An assessment of the extent to which it is more
appropriate for the Air Force or the Air National Guard to
fulfill such requirements.
(3) A comparison of the costs and effectiveness of
alternative means of meeting unclassified aerial imagery
requirements.
(4) An assessment of the utility and cost differential of
performing international treaty monitoring missions such as
Olive Harvest with the OC-135 aircraft, a version of the
aircraft that is expected to replace the OC-135, or similar
aerial imagery collection and processing capabilities.
(d) Certification Required.--Together with the report required
under subsection (c), the Secretary of the Air Force shall certify to
the congressional defense committees--
(1) whether there are unclassified aerial imagery
requirements that the Air Force can meet with the OC-135
aircraft or a version of the aircraft that is expected to
replace the OC-135; and
(2) whether the Secretary has identified methods of meeting
such requirements that are more effective and more efficient
than meeting such requirements through the use of the OC-135
aircraft or a version of the aircraft that is expected to
replace the OC-135.
(e) Unclassified Aerial Imagery Requirements Defined.--In this
section, the term ``unclassified aerial imagery requirements'' means
requirements for the Air Force to provide responsive unclassified
aerial imagery support to military forces, domestic civil authorities,
other departments and agencies of the Federal Government, and foreign
partners of the United States, including any requirements to provide
unclassified aerial imagery in support of overseas contingency
operations, humanitarian assistance and disaster relief missions,
defense support to domestic civil authorities, and international treaty
monitoring missions.
SEC. 128. MODERNIZATION PLAN FOR AIRBORNE INTELLIGENCE, SURVEILLANCE,
AND RECONNAISSANCE.
(a) Modernization Plan.--
(1) In general.--The Secretary of the Air Force shall
develop a comprehensive plan for the modernization of airborne
intelligence, surveillance, and reconnaissance, which shall--
(A) ensure the alignment between requirements, both
current and future, and Air Force budget submissions to
meet such requirements; and
(B) inform the preparation of future defense
program and budget requests by the Secretary, and the
consideration of such requests by Congress.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) An assessment of all airborne intelligence,
surveillance, and reconnaissance missions, both current
missions and those missions necessary to support the
national defense strategy.
(B) An analysis of platforms, capabilities, and
capacities necessary to fulfill such current and future
missions.
(C) The anticipated life-cycle budget associated
with each platform, capability, and capacity
requirement for both current and future requirements.
(D) An analysis showing operational, budget, and
schedule trade-offs between sustainment of currently
fielded capabilities, modernization of currently
fielded capabilities, and development and production of
new capabilities.
(b) Report to Congress.--
(1) In general.--Not later than March 30, 2021, the
Secretary of the Air Force shall submit to the congressional
defense committees a report that includes--
(A) the comprehensive modernization plan required
by subsection (a); and
(B) a strategy for carrying out such plan through
fiscal year 2030.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
SEC. 129. MINIMUM BOMBER AIRCRAFT FORCE LEVEL.
(a) In General.--Not later than February 1, 2021, the Secretary of
the Air Force shall submit to the congressional defense committees a
report with recommendations for the bomber aircraft force structure
that enables the Air Force to meet the requirements of its long-range
strike mission under the National Defense Strategy.
(b) Elements.--The report required under subsection (a) shall
include each of the following elements:
(1) The bomber force structure necessary to meet the
requirements of the Air Force's long-range strike mission under
the National Defense Strategy, including--
(A) the total minimum number of bomber aircraft;
and
(B) the minimum number of primary mission aircraft.
(2) The penetrating bomber force structure necessary to
meet the requirements of the Air Force's long-range strike
mission in contested or denied environments under the National
Defense Strategy, to include--
(A) the total minimum number of penetrating bomber
aircraft; and
(B) the minimum number of primary mission
penetrating bomber aircraft.
(3) A roadmap outlining how the Air Force plans to reach
the force structure identified under paragraphs (1) and (2),
including an established goal date for achieving the minimum
number of bomber aircraft.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Publication.--The Secretary shall make available to the public
the unclassified form of the report submitted under subsection (a).
(e) Bomber Aircraft.--In this section, the term ``bomber aircraft''
includes penetrating bombers in addition to B-52H aircraft.
SEC. 130. PROVISIONS RELATING TO RC-26B MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT.
(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 2021 for the Air Force may be obligated or
expended to retire, divest, realign, or placed 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.
(b) Exception.--The limitation in subsection (a) shall not apply to
individual RC-26B 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.
(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 $18,500,000 to be used in support 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 section 4401, the Secretary of the Air Force
may transfer up to $13,000,000 from military personnel, Air
National Guard to be used in support of personnel who operate
and maintain the RC-26B manned intelligence, surveillance, and
reconnaissance platform.
(d) Memoranda of Agreement.--Notwithstanding any other provision of
law, the Secretary of Defense may enter into one or more memoranda of
agreement or cost sharing agreements with other departments and
agencies of the Federal Government under which the RC-26B aircraft may
be used to assist with the missions and activities of such departments
and agencies.
SEC. 130A. BRIEFING ON PAYLOAD HOSTING ON MODULAR SUPERSONIC AIRCRAFT.
(a) Briefing Required.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Air Force shall provide
to the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the potential use of a modular civil
supersonic aircraft to host multiple mission payloads.
(b) Elements.--The briefing under subsection (a) shall include an
assessment of the potential of a repurposed civil supersonic aircraft
with a military-engineered front section as a long-range, high-speed
platform for the following uses:
(1) As a multi-payload disaggregated node in the Joint All-
Domain Command & Control architecture.
(2) As a host for a multi-mission directed energy system.
(3) As an embedded or separated electronic warfare escort.
(4) As a quick-response vehicle for missions necessitating
large and diverse payloads that preclude fighter aircraft due
to size, range or altitude.
(c) Limitation.--The briefing under subsection (a) shall not
affect, modify, or address any matter set forth in section 122 of the
Report of the Committee on Armed Services of the House of
Representatives that accompanies this Act.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
SEC. 131. DOCUMENTATION RELATING TO THE F-35 AIRCRAFT PROGRAM.
(a) Limitation.--The Secretary of Defense may not grant Milestone C
approval for the F-35 aircraft program pursuant to section 2366c of
title 10, United States Code, or enter into a contract for the full-
rate production of F-35 aircraft, until a period of 30 days has elapsed
following the date on which the Secretary has submitted to the
congressional defense committees all of the documentation required
under subsection (b).
(b) Documentation Required.--The Secretary of Defense shall submit
to the congressional defense committees the following documentation
with respect to the F-35 aircraft program:
(1) A certification from the Under Secretary of Defense for
Acquisition and Sustainment that all alternative supply
contractors for parts, required for the airframe and propulsion
prime contractors of the F-35 program as a result of the
removal of the Republic of Turkey from the program--
(A) have been identified and all related
undefinitized contract actions have been definitized
(as described in section 7401 of part 217 of the
Defense Federal Acquisition Regulation Supplement);
(B) the parts produced by each such contractor have
been qualified and certified as meeting applicable
technical design and use specifications; and
(C) each such contractor has reached the required
rate of production to meet supply requirements for
parts under the F-35 aircraft program.
(2) A cost analysis, prepared by the joint program office
for the F-35 aircraft program, that assesses and defines--
(A) how the full integration of Block 4 and
Technical Refresh 3 capabilities for each lot of Block
4 production aircraft beginning after lot 14 will
affect the average procurement unit cost of United
States variants of the F-35A, F-35B, and F-35C
aircraft; and
(B) how the establishment of alternate sources of
production and sustainment supply and repair parts due
to the removal of the Republic of Turkey from the F-35
program will affect such unit cost.
(3) All reports required under section 167 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1250).
(4) An independent cost estimate, prepared by Director of
Cost Assessment and Program Evaluation, that defines, for each
phase of the F-35 aircraft program, the cost to develop,
procure, integrate, and retrofit F-35 aircraft with all Block 4
capability requirements that are specified in the most recent
Block 4 capabilities development document.
(5) A plan to correct or mitigate any deficiency in the
aircraft, identified as of the date of enactment of this Act--
(A) that may cause death, severe injury or
occupational illness, or major loss or damage to
equipment or a system, and for which there is no
identified workaround (commonly known as a ``category
1A deficiency''); or
(B) that critically restricts combat readiness
capabilities or results in the inability to attain
adequate performance to accomplish mission requirements
(commonly known as a ``category 1B deficiency'').
(6) A software and hardware capability, upgrade, and
aircraft modification plan that defines the cost and schedule
for retrofitting F-35 aircraft that currently have Technical
Refresh 2 capabilities installed to ensure compatibility with
Block 4 and Technical Refresh 3 aircraft capabilities.
(7) The following reports for the F-35 aircraft program, as
prepared by the Director of Operational Test and Evaluation:
(A) A report on the results of the realistic
survivability testing of the aircraft, as described in
section 2366(d) of title 10, United States Code.
(B) A report on the results of the initial
operational test and evaluation conducted for program,
as described in section 2399(b)(2) of such title.
(8) A mitigation strategy and implementation plan to
address each critical deficiency in the F-35 autonomic
logistics information system that has been identified as of the
date of enactment of this Act.
(9) A certification that the F-35A meets the required
mission reliability performance using an average sortie
duration of 2 and one-half hours.
(10) A certification that the Secretary has developed and
validated a fully integrated and realistic schedule for the
development, production and integration of Block 4 Technical
Refresh 3 capabilities, that includes a strategy for resolving
all software technical debt that has accumulated within the F-
35 operational flight program source code during development,
production, and integration of Technical Refresh 1 and
Technical Refresh 2 capabilities.
(11)(A) A complete list of hardware modifications that will
be required to integrate Block 4 capabilities into lot 16 and
lot 17 production aircraft.
(B) An estimate of the costs of any engineering changes
required as a result of such modifications.
(C) A comparison of those engineering changes and costs
with the engineering changes and costs for lot 15 production
aircraft.
SEC. 132. NOTIFICATION ON SOFTWARE REGRESSION TESTING FOR F-35
AIRCRAFT.
(a) Notification Required.--The Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the Director of
Operational Test and Evaluation, shall notify the congressional defense
committees, in writing, not later than 30 days after the date on which
mission systems production software for the F-35 aircraft is released
to units operating such aircraft under the F-35 continuous capability
development and delivery program.
(b) Elements.--The notification required under subsection (a) shall
include, with respect to the mission systems production software for
the F-35 aircraft, the following:
(1) An explanation of the types and methods of regression
testing that were completed for the production release of the
software to ensure compatibility and proper functionality
with--
(A) the fire control radar system of each variant
of the F-35 aircraft; and
(B) all weapons certified for carriage and
employment on each variant of the F-35 aircraft.
(2) Identification of any entities that conducted
regression testing of the software, including any development
facilities of the Federal Government or contractors that
conducted such testing.
(3) A list of deficiencies identified during regression
testing of the software or by operational units after fielding
of the software, and an explanation of--
(A) any software modifications, including quick-
reaction capability, that were completed to resolve or
mitigate the deficiencies;
(B) with respect to any deficiencies that were not
resolved or mitigated, whether the deficiencies will be
corrected in later releases of the software; and
(C) any effects resulting from such deficiencies,
including--
(i) any effects on the cost and schedule
for delivery of the software; and
(ii) in cases in which the deficiencies
resulted in additional, unplanned, software
releases, any effects on the ongoing testing of
software capability releases.
SEC. 133. NOTIFICATION ON EFFORTS TO REPLACE INOPERABLE EJECTION SEAT
AIRCRAFT LOCATOR BEACONS.
(a) Notification.--Not later than 180 days after the date of the
enactment of this Act and on a semi-annual basis thereafter until the
date specified in subsection (b), the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional defense
committees a written notification that describes, with respect to the
period covered by the notification--
(1) the efforts of the service acquisition executives of
the Department of the Air Force and the Department of the Navy
to replace ejection seat aircraft locator beacons that are--
(A) installed on covered aircraft; and
(B) inoperable in water or in wet conditions; and
(2) the funding allocated for such efforts.
(b) Date Specified.--The date specified in this subsection is the
earlier of--
(1) the date on which the Under Secretary of Defense for
Acquisition and Sustainment determines that all ejection seat
aircraft locator beacons installed on covered aircraft are
operable in water and wet conditions; or
(2) the date that is 5 years after the date of the
enactment of this Act.
(c) Definitions.--In this section:
(1) The term ``covered aircraft'' means aircraft of the Air
Force, the Navy, and the Marine Corps that are equipped with
ejection seats.
(2) The term ``service acquisition executive of the
Department of the Air Force'' does not include the Service
Acquisition Executive of the Department of the Air Force for
Space Systems and Programs described in section 957 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 10 U.S.C. 9016 note).
SEC. 134. LIMITATION ON USE OF FUNDS FOR THE ARMED OVERWATCH PROGRAM.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for procurement for the
Armed Overwatch Program of the United States Special Operations Command
may be obligated or expended until the date on which--
(1) the Secretary of Defense certifies to the congressional
defense committees that--
(A) the Secretary has completed a requirements
review of the Armed Overwatch Program; and
(B) the Secretary has conducted a review of the
roles and responsibilities of the United States Air
Force and the United States Special Operations Command
with respect to close air support and armed
intelligence, surveillance, and reconnaissance and, as
a result of such review, the Secretary has identified
the Armed Overwatch Program as a special operations
forces-peculiar requirement; and
(2) the Commander of United States Special Operations
Command submits to the congressional defense committees--
(A) certification that the Commander or Deputy
Commander has approved the documentation of the Special
Operations Command Requirements Evaluation Board; and
(B) a requirements plan for the Armed Overwatch
program that includes--
(i) an analysis of alternatives;
(ii) a procurement plan over the period
covered by the most recent future-years defense
program submitted under section 221 of title
10, United States Code;
(iii) a sustainment plan with projected
costs;
(iv) a phase out plan of existing armed
intelligence, surveillance, and reconnaissance
platforms;
(v) a manpower and training analysis, and;
(vi) doctrinal considerations for
employment; and
(C) a roadmap analyzing whether the near-term to
mid-term multi-mission responsibilities of the Armed
Overwatch Program are consistent with the intelligence,
surveillance, and reconnaissance requirements of the
various special operations forces units and missions,
and the geographic combatant commands.
SEC. 135. INVESTMENT AND SUSTAINMENT PLAN FOR PROCUREMENT OF CANNON
TUBES.
(a) Strategy Required.--The Secretary of the Army shall develop a
comprehensive, long-term strategy, which shall include a risk
assessment, gap analysis, proposed courses of action, investment
options, and a sustainment plan, for the development, production,
procurement and modernization of cannon and large caliber weapons tubes
that mitigates identified risks and gaps to the Army and the defense
industrial base.
(b) Elements.--The strategy under subsection (a) shall include the
following:
(1) An assessment of the sufficiency of the cannon tube
industrial base to meet near and long-term development and
production requirements, including an analysis of any
capability or capacity gaps that may exist currently or into
the future given current and planned program demands.
(2) An analysis of the resources required and planned for
the cannon tube industrial base across the future years defense
program.
(3) A detailed analysis and explanation of the courses of
action necessary to mitigate any existing or projected future
capability gaps and deficiencies, including the establishment
of a permanent or temporary second source for cannon and large
caliber weapons tubes if advisable, feasible, suitable, and
affordable.
(4) Funding and timelines associated with the
identification, qualification and sustainment of a permanent or
temporary second source for cannon and large caliber weapons
tubes through full and open competition that would be required
to mitigate significant development, production, procurement,
and modernization risk in the cannon tube industrial base.
(5) Such other information as the Secretary of the Army
determines to be appropriate.
(c) Submittal to Congress.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Army shall submit to
the congressional defense committees a copy of the strategy developed
under subsection (a).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MODIFICATION OF SCIENCE, MATHEMATICS, AND RESEARCH FOR
TRANSFORMATION (SMART) DEFENSE EDUCATION PROGRAM.
(a) Pilot Subprogram.--Section 2192a of title 10, United States
Code, is amended--
(1) by redesignating subsections (b) through (h) as
subsections (c) through (i);
(2) by inserting after subsection (a) the following new
subsection:
``(b) Requirement for Pilot Subprogram.--
``(1) In general.--As a subprogram of the program under
subsection (a), the Secretary of Defense shall carry out a
pilot program to be known as the `National Security Pipeline
Pilot Program' (referred to in this section as the `Pilot
Program') under which the Secretary shall seek to enter into
partnerships with minority institutions to diversify the
participants in the program under subsection (a).
``(2) Elements.--Under the Pilot Program, the Secretary of
Defense shall--
``(A) provide an appropriate amount of financial
assistance under subsection (c) to an individual who is
pursuing an associate's degree, undergraduate degree,
or advanced degree at a minority institution;
``(B) provide such financial assistance to
recipients in conjunction with summer internship
opportunities or other meaningful temporary
appointments within the Department; and
``(C) periodically evaluate the success of
recruiting individuals for scholarships under this
subsection and on hiring and retaining those
individuals in the public sector workforce.
``(3) Reports.--
``(A) Initial report.--Not later than December 31,
2022, the Secretary of Defense shall submit to the
congressional defense committees a report on the
establishment of the Pilot Program. At a minimum, the
report shall identify the number of students
participating in the pilot program as of the date of
the report, the fields of study pursued by such
students, and the minority institutions at which such
students are enrolled.
``(B) Final report.--Not later than September 30,
2024, the Secretary of Defense shall submit to the
congressional defense committees a report that
evaluates the success of the pilot program in
recruiting individuals for scholarships under this
section and hiring and retaining those individuals in
the public sector workforce.
``(4) Termination.--The Pilot Program shall terminate on
December 31, 2026.'';
(3) in subsection (c)(1), as so redesignated--
(A) in subparagraph (A), by striking ``subsection
(g)'' and inserting ``subsection (h)''; and
(B) in subparagraph (C), by striking ``subsection
(c)'' and inserting ``subsection (d)'';
(4) in subsection (d), as so redesignated--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) Pursuant to regulations prescribed by the Secretary
of Defense for such purpose, a scholarship recipient who is not
serving in the Armed Forces at the time the scholarship is
received may fulfill the condition described in paragraph (1)
by serving on active duty in the Armed Forces.''; and
(5) by amending subsection (i), as so redesignated, to read
as follows:
``(i) Definitions.--In this section:
``(1) The term `institution of higher education' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
``(2) The term `minority institution' means an institution
of higher education at which not less than 50 percent of the
total student enrollment consists of students from ethnic
groups that are underrepresented in the fields of science and
engineering.''.
(b) Additional Modifications.--Section 2192a of title 10, United
States Code, as amended by subsection (a), is further amended--
(1) in subsection (d), by adding at the end the following
new paragraph:
``(5) In employing participants during the period of
obligated service, the Secretary shall ensure that participants
are compensated at a rate that is comparable to the rate of
compensation for employment in a similar position in the
private sector.''.
(2) by redesignating subsections (e) through (i) as
subsections (f) through (j), respectively;
(3) by inserting after subsection (d) the following new
subsection:
``(e) Internship Requirement.--In addition to the period of
obligated service required under subsection (d), before completing a
degree program for which a scholarship was awarded under this section,
each participant shall participate in a paid internship for a period of
not less than eight weeks with a defense industry sponsor. The
Secretary shall work with each defense industry sponsor to ensure there
are sufficient paid internships available for all participants, and
that each such defense industry sponsor--
``(1)(A) may be a potential employer for purpose of the
participant's period of obligated service as described
subsection (d)(1)(B)(ii); or
``(B) may offer full time employment for a participant's
last year of obligated service after the participant completes
remaining years owed; and
``(2) has agreed to be a defense industry sponsor making a
minimum contribution for each participant who receives an
internship, which shall be a minimum amount determined by the
Secretary, but not less than an amount equal to 50 percent of
the cost of an average scholarship under this section.'';
(4) in subsection (h), as so redesignated--
(A) by striking ``The Secretary of Defense shall''
and inserting:
``(1) The Secretary of Defense shall''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) The Secretary of Defense shall establish or
designate an organization within the Department of Defense
which shall have primary responsibility for building cohesion
and collaboration across the various scholarship and employment
programs of the Department.
``(B) The organization described in subparagraph (A) shall
have the following duties--
``(i) establish an interconnected network and
database across the scholarship and employment programs
of the Department, including, at a minimum the SMART
Defense Education Program, the Defense Civilian
Training Corps, the National Defense Science and
Engineering Graduate Fellowship, the Army AEOP
apprenticeship program, and the Consortium Research
Fellows Program;
``(ii) aid in matching scholarships to individuals
pursuing courses of study in in-demand skill areas; and
``(iii) build a network of program participants,
past, present, and future whom DOD departments can draw
on to fill skills gaps.
``(C) On an annual basis, the organization described in
subparagraph (A) shall publish, on a publicly accessible
website of the Department of Defense, an annual report on the
workforce requirements and expected future needs of the
civilian workforce of the Department of Defense.'';
(5) by redesignating subsection (j), as so redesignated, as
subsection (k);
(6) by inserting after subsection (i) the following new
subsection:
``(j) Special Rule.--In each year of the program under this
section, not less than 20 percent of the applicants who are awarded
scholarships shall be individuals pursuing degrees in computer science
or a related field of study.''; and
(7) in subsection (k), as so redesignated, by adding at the
end the following new paragraph:
``(3) The term `defense industry sponsor' means--
``(A) a defense contractor with an active
government contract that makes the required minimum
contribution described in subsection (e)(2); or
``(B) a company deemed critical to the national
security infrastructure that makes such a
contribution.''.
SEC. 212. ENHANCED PARTICIPATION OF DEPARTMENT OF DEFENSE CONTRACTORS
IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
ACTIVITIES.
(a) In General.--
(1) Program required.--Chapter 111 of title 10, United
States Code, is amended by inserting after section 2192b the
following new section:
``Sec. 2192c. Program to enhance contractor participation in science,
technology, engineering, and mathematics activities
``(a) In General.--The Secretary of Defense shall carry out a
program under which the Secretary shall seek to enter into partnerships
with Department of Defense contractors to promote interest in careers
in STEM disciplines.
``(b) Objectives.--The objectives of the program under subsection
(a) are--
``(1) to maximize strategic partnerships between
institutions of higher education and private sector
organizations to build and strengthen communities involved in
STEM disciplines;
``(2) to increase diversity, equity, and inclusion by
providing access to career paths in STEM in historically
underserved and underrepresented communities;
``(3) to encourage employers in STEM disciplines to
establish work-based learning experiences such as internships
and apprenticeships; and
``(4) to build partnerships with minority and woman-owned
Department of Defense contractors to establish work-based
learning experiences such as internships and apprenticeships.
``(c) Activities.--As part of the program under subsection (a), the
Secretary of Defense shall seek to encourage and provide support to
Department of Defense contractors to enable such contractors to carry
out activities to promote interest in careers in STEM disciplines. Such
activities may include--
``(1) aiding in the development of educational programs and
curriculum in STEM disciplines for students of elementary
schools and secondary schools;
``(2) establishing volunteer programs in elementary schools
and secondary schools receiving assistance under part A of
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311 et seq.) to enhance education in STEM
disciplines;
``(3) enhancing education in STEM disciplines at
institutions of higher education by--
``(A) making personnel available to advise and
assist faculty at such institutions in the performance
of research and instruction in STEM disciplines that
are determined to be critical to the functions of the
Department of Defense;
``(B) awarding scholarships and fellowships to
students pursuing courses of study in STEM disciplines;
or
``(C) establishing cooperative work-education
programs in STEM disciplines for students; or
``(4) enhancing education in STEM disciplines at minority
institutions by--
``(A) establishing partnerships between offerors
and such institutions for the purpose of training
students in STEM disciplines;
``(B) conducting recruitment activities at such
institutions; or
``(C) making internships or apprenticeships
available to students of such institutions.
``(d) Allowability of Costs.--Activities described in subsection
(c) shall be considered as allowable community service activities for
the purposes of determining allowability of cost on a government
contract.
``(e) Definitions.--In this section:
``(1) The terms `elementary school' and `secondary school'
have the meanings given those terms in section 8101 of the
Higher Education Act of 1965 (20 U.S.C. 7801).
``(2) The term `institution of higher education' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
``(3) The term `minority institution' means--
``(A) a part B institution (as that term is defined
in section 322(2) of the Higher Education Act of 1965
(20 U.S.C. 1061(2)); or
``(B) any other institution of higher education (as
that term is defined in section 101 of such Act (20
U.S.C. 1001)) at which not less than 50 percent of the
total student enrollment consists of students from
ethnic groups that are underrepresented in the fields
of science and engineering.
``(4) The term `STEM disciplines' means disciplines
relating to science, technology, engineering and mathematics,
including disciplines that are critical to the national
security functions of the Department of Defense and that are
needed in the Department of Defense workforce (as determined by
the Secretary of Defense under section 2192a(a)).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2192b the following new item:
``2192c. Program to enhance contractor participation in science,
technology, engineering, and math
activities.''.
(b) Conforming Repeal.--Section 862 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C.
note prec. 2191) is repealed.
SEC. 213. MODIFICATION OF REQUIREMENTS RELATING TO CERTAIN COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS.
Section 2350a of title 10, United States Code, is amended--
(1) in subsection (b)(2), by striking ``and the Under
Secretary'' and inserting ``or the Under Secretary'';
(2) in subsection (c)--
(A) by striking ``Each cooperative'' and inserting
``(1) Except as provided in paragraph (2), each
cooperative''; and
(B) by adding at the end the following new
paragraphs:
``(2) A cooperative research and development project may be entered
into under this section under which costs are shared between the
participants on an unequal basis if the Secretary of Defense, or an
official specified in subsection (b)(2) to whom the Secretary delegates
authority under this paragraph, makes a written determination that
unequal cost sharing provides strategic value to the United States or
another participant in the project.
``(3) For purposes of this subsection, the term `cost' means the
total value of cash and non-cash contributions.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``In order to''
and inserting ``Except as provided in paragraph (2), in
order to'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2)(A) The Secretary of Defense, or an official specified in
subsection (b)(2) to whom the Secretary delegates authority under this
paragraph, may waive the prohibition under paragraph (1) to allow the
procurement of qualified services from a foreign government, foreign
research organization, or other foreign entity on a case-by-case basis.
``(B) Not later than 30 days before issuing a waiver under
subparagraph (A), the Secretary of Defense or the official specified in
subsection (b)(2) to whom the Secretary delegates authority under this
paragraph (as the case may be) shall submit to the congressional
defense committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate
written notice of the intent to issue such a waiver.
``(C) For purposes of this paragraph, the term `qualified services'
means engineering support services and local management services,
including launch support services, test configuration support services,
test range support services, and development support services, that are
not covered by a memorandum of understanding (or other formal
agreement) to conduct a cooperative research and development project
under this section.''.
SEC. 214. PILOT PROGRAM ON TALENT OPTIMIZATION.
Section 2358b of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Pilot Program on Talent Optimization.--
``(1) In general.--The Under Secretary of Defense for
Research and Engineering, acting through the Director of the
Defense Innovation Unit, shall carry out a pilot program to
develop a software-based system that enables active duty
military units to identify, access, and request support from
members of the reserve components who have the skills and
expertise necessary to carry out one or more functions required
of such units.
``(2) Elements.--In carrying out the pilot program, the
Director of the Defense Innovation Unit shall--
``(A) ensure that the system developed under
paragraph (1)--
``(i) enables active duty units, in near
real-time, to identify members of the reserve
components who have the qualifications
necessary to meet certain requirements
applicable to the units;
``(ii) improves the ability of the military
departments to access, on-demand, members of
the reserve components who possess relevant
experience; and
``(iii) prioritizes access to members of
the reserve components who have private-sector
experience in the fields identified in section
(b);
``(iv) leverages commercial best practices
for similar software systems;
``(B) recommend policies and legislation to
streamline the use of members of the reserve components
by active duty units; and
``(C) carry out such other activities as the
Director determines appropriate.
``(3) Termination.--The authority to carry out the pilot
program under this subsection shall terminate on September 30,
2025.''.
SEC. 215. CODIFICATION OF THE NATIONAL SECURITY INNOVATION NETWORK.
(a) Codification.--
(1) In general.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2358b the following
new section:
``Sec. 2358c. National Security Innovation Network
``(a) Establishment.--The Secretary of Defense shall establish a
program office to be known as the `National Security Innovation
Network' (referred to in this section as the `Network'). The Secretary
shall establish the Network within the Office of the Under Secretary of
Defense for Research and Engineering or within the office of another
principal staff assistant to the Secretary.
``(b) Responsibilities.--The responsibilities of the Network shall
be--
``(1) to create a network throughout the United States that
connects the Department of Defense to academic institutions,
commercial accelerators and incubators, commercial innovation
hubs, and nonprofit entities with missions relating to national
security innovation;
``(2) to expand the national security innovation base
through integrated, project-based problem solving that leads to
novel concept and solution development for the Department and
facilitates dual-use venture creation;
``(3) to accelerate the adoption of novel concepts and
solutions by facilitating dual-use technology advancement to
improve acquisition and procurement outcomes;
``(4) to work in coordination with the Under Secretary of
Defense for Personnel and Readiness, other principal staff
assistants within the Office of the Secretary, and the Armed
Forces to create new pathways and models of national security
service that facilitate term, temporary, and permanent
employment within the Department for--
``(A) students and graduates in the fields of
science, technology, arts, engineering, and
mathematics;
``(B) early-career and mid-career technologists;
and
``(C) entrepreneurs for purposes of project-based
work;
``(5) to generate novel concepts and solutions to problems
and requirements articulated by entities within the Department
through programs, such as the Hacking for Defense program, that
combine end users from the Department, students and faculty
from academic institutions, and the early-stage dual-use
venture community;
``(6) to establish physical locations throughout the United
States through which the Network will connect with academic and
private sector partners for the purposes of carrying the
responsibilities described in paragraphs (1) through (5);
``(7) to leverage commercial software platforms and
databases that enable the Department of Defense to--
``(A) source and map user problems to markets and
suppliers across venture capital, government
innovation, and technology portfolios;
``(B) collaboratively identify potential companies
and technologies that can solve unclassified and
classified Department of Defense user problems;
``(C) integrate expertise from the venture capital
community and private sector subject matter experts;
``(D) evaluate companies and solutions against
existing datasets for cyber and foreign ownership risk;
and
``(E) access commercial technologies through an
accredited and cloud-based development environment,
consistent with Department standards; and
``(8) to carry out such other activities as the Secretary
of Defense, in consultation with the head of the Network,
determines to be relevant to such responsibilities.
``(c) Authorities.--In addition to the authorities provided under
this section, in carrying out this section, the Secretary of Defense
may use the following authorities:
``(1) Section 1599g of this title relating to public-
private talent exchanges.
``(2) Section 2368 of this title, relating to Centers for
Science, Technology, and Engineering Partnerships.
``(3) Section 2374a of this title, relating to prizes for
advanced technology achievements.
``(4) Section 2474 of this title, relating to Centers of
Industrial and Technical Excellence.
``(5) Section 2521 of this title, relating to the
Manufacturing Technology Program.
``(6) Subchapter VI of chapter 33 of title 5, relating to
assignments to and from States.
``(7) Chapter 47 of such title, relating to personnel
research programs and demonstration projects.
``(8) Section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of
title 31 relating to cooperative research and development
agreements.
``(9) Such other authorities as the Secretary considers
appropriate.
``(d) Definitions.--In this section:
``(1) The term `dual-use venture' means a business that
provides products or services that are capable of meeting
requirements for military and nonmilitary applications.
``(2) The term `early-stage dual-use venture' means a
business that provides products or services that are capable of
meeting requirements for military and nonmilitary applications
that has raised not more than $20,000,000 in private venture
capital, and whose principal product or service does not
support, either directly or indirectly, a current Department of
Defense program of record.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2358b the following new item:
``2358c. National Security Innovation Network.''.
(b) Implementation.--
(1) Transfers from other dod elements.--The Secretary of
Defense may transfer to the National Security Innovation
Network established under section 2358c of title 10, United
States Code (as added by subsection (a)) such personnel,
resources, and functions of other organizations and elements of
the Department of Defense as the Secretary considers
appropriate to carry out such section.
(2) Integration with existing nsin.--Effective on the date
of the enactment of this Act, the National Security Innovation
Network of the Department of Defense (as in existence on the
day before such date of enactment) shall be transferred to and
merged with the National Security Innovation Network
established under section 2358c of title 10, United States Code
(as added by subsection (a)).
(3) Implementation plan.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a plan for implementing the National
Security Innovation Network under section 2358c of
title 10, United States Code (as added by subsection
(a)).
(B) Elements.--The plan required under paragraph
(1) shall include the following:
(i) Plans for any transfers the Secretary
intends to carry out under paragraph (1).
(ii) Plans for the funding, integration,
and evaluation of the Network, including plans
for--
(I) future funding and
administrative support of the Network;
(II) integration of the Network
into the programming, planning,
budgeting, and execution process of the
Department of Defense;
(III) integration of the Network
with the other programs and initiatives
within the Department that have
missions relating to innovation and
outreach to the academic and the
private sector early-stage dual-use
venture community (as defined in
section 2358c of title 10, United
States Code (as added by subsection
(a)); and
(IV) performance indicators by
which the Network will be assessed and
evaluated.
(iii) A description of any additional
authorities the Secretary may require to ensure
that the Network is able to effectively carry
out the responsibilities specified in section
2358c(c) of title 10, United States Code (as
added by subsection (a)).
(c) Comptroller General Reviews and Reports.--
(1) Review and report on implementation plan.--Not later
than 180 days after the date on which the implementation plan
is submitted under subsection (b)(3), the Comptroller General
of the United States shall--
(A) complete a review of the implementation plan;
(B) submit to the congressional defense committees
a report on the results of the review.
(2) Program evaluation and report.--
(A) In general.--Not later than 3 years after the
date of the enactment of this Act, the Comptroller
General of the United States shall--
(i) complete an evaluation of the National
Security Innovation Network under section 2358c
of title 10, United States Code (as added by
subsection (a)); and
(ii) submit to the appropriate
congressional committees a report on the
results of the evaluation.
(B) Appropriate congressional committees defined.--
In this paragraph, the term ``appropriate congressional
committees'' means--
(i) the congressional defense committees;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(iii) the Committee on Oversight and Reform
of the House of Representatives.
SEC. 216. MODIFICATION OF PILOT PROGRAM ON ENHANCED CIVICS EDUCATION.
(a) In General.--Section 234 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2164 note) is
amended--
(1) in subsection (e)(1)--
(A) in subparagraph (H), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subparagraph:
``(J) the improvement of critical thinking and
media literacy among students, including the
improvement of students' abilities with respect to--
``(i) research and information fluency;
``(ii) critical thinking and problem
solving skills;
``(iii) technology operations and concepts;
``(iv) information and technological
literacy;
``(v) understanding of the importance of
obtaining information from multiple media
sources and evaluating sources for quality; and
``(vi) understanding how information on
digital platforms can be altered through
algorithms, editing, and augmented reality;
and''; and
(2) in subsection (g), by adding at the end the following
new paragraph:
``(3) The term `media literacy' means the ability to--
``(A) access relevant and accurate information
through media in a variety of forms;
``(B) critically analyze media content and the
influences of different forms of media;
``(C) evaluate the comprehensiveness, relevance,
credibility, authority, and accuracy of information;
``(D) make educated decisions based on information
obtained from media and digital sources;''.
(b) Deadline for Implementation.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
implement the pilot program under section 234 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C.
2164 note), as amended by subsection (a).
(c) Progress Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the efforts of Secretary
to implement the pilot program under section 234 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2164 note), as amended by subsection (a).
SEC. 217. MODIFICATION OF JOINT ARTIFICIAL INTELLIGENCE RESEARCH,
DEVELOPMENT, AND TRANSITION ACTIVITIES.
Section 238 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) is
amended--
(1) in the section heading, by inserting ``and improvement
of the joint artificial intelligence center'' before the period
at the end;
(2) in subsection (a)--
(A) in paragraph (1), by inserting ``acquire,''
before ``develop''; and
(B) by amending paragraph (2) to read as follows:
``(2) Emphasis.--The set of activities established under
paragraph (1) shall include--
``(A) acquisition and development of mature
artificial intelligence technology;
``(B) applying artificial intelligence and machine
learning solutions to operational problems by directly
delivering artificial intelligence capabilities to the
Armed Forces and other organizations and elements of
the Department;
``(C) accelerating the development, testing, and
fielding of new artificial intelligence and artificial
intelligence-enabling capabilities; and
``(D) coordinating and deconflicting activities
involving artificial intelligence and artificial
intelligence-enabled capabilities within the
Department.'';
(3) by amending subsection (b) to read as follows:
``(b) Responsible Official.--The Deputy Secretary of Defense shall
be the official within the Department of Defense with principal
responsibility for the coordination of activities relating to the
acquisition, development, and demonstration of artificial intelligence
and machine learning for the Department.'';
(4) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively;
(5) by inserting after subsection (b) the following new
subsection:
``(c) Organization.--
``(1) Role of joint artificial intelligence center.--The
set of activities established under subsection (a)(1) shall be
established within the Joint Artificial Intelligence Center.
``(2) Authority of deputy secretary of defense.--The Deputy
Secretary of Defense shall exercise authority and direction
over the Joint Artificial Intelligence Center.
``(3) Authority of director.--The Director of the Joint
Artificial Intelligence Center shall report directly to the
Deputy Secretary of Defense.
``(4) Delegation.--In exercising authority and direction
over the Joint Artificial Intelligence Center under subsection
(a), the Deputy Secretary of Defense may delegate
administrative and ancillary management duties to the Chief
Information Officer of the Department of Defense, as needed, to
effectively and efficiently execute the mission of the
Center.'';
(6) in subsection (d), as so redesignated--
(A) in the matter preceding paragraph (1), by
striking ``official designated under subsection (b)''
and inserting ``Deputy Secretary of Defense'';
(B) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``acquire,'' before
``develop'';
(C) in the heading of paragraph (2), by striking
``development'' and inserting ``acquisition,
development,''; and
(D) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``To the degree practicable,
the designated official'' and inserting ``The
Deputy Secretary of Defense'';
(ii) in subparagraph (A), by striking
``development'' and inserting ``acquisition,
development,'';
(iii) by redesignating subparagraphs (H)
and (I) as subparagraphs (J) and (K),
respectively; and
(iv) by inserting after subparagraph (G),
the following new subparagraphs:
``(H) develop standard data formats for the
Department that--
``(i) aid in defining the relative maturity
of datasets; and
``(ii) inform best practices for cost and
schedule computation, data collection
strategies aligned to mission outcomes, and
dataset maintenance practices;
``(I) establish data and model usage agreements and
collaborative partnership agreements for artificial
intelligence product development with each organization
and element of the Department, including each of the
Armed Forces;'';
(7) in subsection (e), as so redesignated--
(A) by striking ``the official designated under
subsection (b)'' and inserting ``the Director of the
Joint Artificial Intelligence Center'';
(B) by striking ``subsection (c)'' and inserting
``subsection (d)''; and
(C) by adding at the end the following: ``At a
minimum, such access shall ensure that the Director has
the ability to discover, access, share, and reuse data
and models of the Armed Forces and other organizations
and elements of the Department of Defense and to build
and maintain data for the Department.'';
(8) in subsection (f), as so redesignated--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``official designated under
subsection (b)'' and inserting ``Deputy
Secretary of Defense''; and
(ii) in subparagraph (B), by striking
``designated official'' and inserting ``Deputy
Secretary of defense''; and
(B) in paragraph (2), by striking ``designated
official'' and inserting ``Deputy Secretary of
Defense''; and
(9) by adding at the end the following new subsection:
``(i) Joint Artificial Intelligence Center Defined.--The term
`Joint Artificial Intelligence Center' means the Joint Artificial
Intelligence Center of the Department of Defense established pursuant
to the memorandum of the Secretary of Defense dated June 27, 2018, and
titled `Establishment of the Joint Artificial Intelligence Center', or
any successor to such Center.''.
SEC. 218. MODIFICATION OF NATIONAL SECURITY INNOVATION ACTIVITIES AND
MANUFACTURING PILOT PROGRAM.
(a) National Security Innovation Activities.--Section 230 of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(10 U.S.C. 2358 note) is amended--
(1) in subsection (a), by striking ``The Under Secretary of
Defense for Research and Engineering shall establish'' and
inserting ``The Under Secretary of Defense for Research and
Engineering, acting through the Director of the Defense
Innovation Unit, shall establish'';
(2) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively;
(3) by inserting after subsection (d) the following new
subsection:
``(e) Establishment of Advisory Board.--
``(1) In general.--Not earlier than the date specified in
paragraph (5), but no later than 180 days after such date, the
Under Secretary shall establish an advisory board within the
Defense Innovation Unit to advise the Under Secretary and the
Director of the Unit with respect to the establishment and
prioritization of activities under such subsection (a).
``(2) Duties.--The advisory board established under
paragraph (1) shall--
``(A) identify activities that should be
prioritized for establishment under subsection (a);
``(B) not less frequently that semiannually,
reevaluate and update such priorities; and
``(C) ensure continuing alignment of the activities
established under subsection (a), including all
elements of such activities described in subsection
(b), with the overall technology strategy of the
Department of Defense.
``(3) Membership.--The advisory board established under
paragraph (1) shall be composed of one or more representatives
from each of the following:
``(A) Each science and technology reinvention
laboratory of the Department of Defense.
``(B) The primary procurement organization of each
Armed Force.
``(C) The Defense Innovation Board.
``(D) Such other organizations and elements of the
Department of Defense as the Under Secretary, in
consultation with the Director of the Defense
Innovation Unit, determines appropriate.
``(4) Plan.--Not later than 90 days before the date on
which the advisory board is established under paragraph (1),
the Under Secretary shall submit to the congressional defense
committees a plan for establishing the advisory board,
including a description of the expected roles,
responsibilities, and membership of the advisory board.
``(5) Date specified.--The date specified in this paragraph
is the date on which funds are first appropriated or otherwise
made available to carry out subsection (a).''; and
(4) in subsection (h), as so redesignated, by striking
``subsection (h)'' and inserting ``subsection (i)''.
(b) Pilot Program on Defense Manufacturing.--Section 1711 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 10 U.S.C. 2505 note) is amended--
(1) in subsection (d), by striking ``the date that is four
years after the date of the enactment of this Act'' and
inserting ``December 31, 2026''; and
(2) in subsection (e), by striking ``January 31, 2022'' and
inserting ``January 31, 2027''.
SEC. 219. EXTENSION OF PILOT PROGRAM FOR THE ENHANCEMENT OF THE
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CENTERS OF
THE DEPARTMENT OF DEFENSE.
(a) In General.--Section 233 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is
amended--
(1) in subsection (e), by striking ``2022'' and inserting
``2027''; and
(2) in subsection (f)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Not later than one year after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2021, the Secretary of Defense shall submit to the
congressional defense committees a report on the status of the
pilot program.''; and
(B) in paragraph (2), by adding at the end the
following new subparagraph:
``(F) With respect to any military department not
participating in the pilot program, an explanation for
such nonparticipation, including identification of--
``(i) any issues that may be preventing
such participation; and
``(ii) any offices or other elements of the
department that may be responsible for the
delay in participation.''.
(b) Technical Amendment.--Effective as of December 23, 2016, and as
if included therein as enacted, section 233(c)(2)(C)(ii) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 2358 note) is amended by striking ``Assistant
Secretary of the Army for Acquisition, Technology, and Logistics'' and
inserting ``Assistant Secretary of the Army for Acquisition, Logistics,
and Technology''.
SEC. 220. DIGITAL DATA MANAGEMENT AND ANALYTICS CAPABILITY.
(a) Digital Data Management and Analytics Capability.--
(1) In general.--The Secretary of Defense shall develop and
implement an advanced digital data management and analytics
capability to be used--
(A) to digitally integrate all elements of the
acquisition process of the Department of Defense;
(B) to digitally record and track all relevant data
generated during the research, development, testing,
and evaluation of systems; and
(C) to maximize the use of such data to inform--
(i) the further development and improvement
of such systems; and
(ii) the acquisition process for such
systems.
(2) Requirements.--The capability developed under paragraph
(1) shall meet the following requirements:
(A) The capability will be accessible to, and
useable by, individuals throughout the Department of
Defense who have responsibilities relating to
capability requirements, research, design, development,
testing, evaluation, acquisition, management,
operations, and sustainment of systems.
(B) The capability will provide for the
development, use, curation, and maintenance of
authoritative and technically accurate digital
systems--
(i) to reduce the burden of reporting by
officials responsible for executing programs;
(ii) to ensure shared access to data within
the Department;
(iii) to supply data to digital engineering
models for use in the defense acquisition
process;
(iv) to supply data to testing
infrastructure and software to support
automated approaches for testing, evaluation,
and deployment throughout the defense
acquisition process; and
(v) to provide timely analyses to
Department leadership.
(C) The capability will be designed--
(i) to improve data management processes in
the research, development, acquisition, and
sustainment activities of the Department;
(ii) to provide decision makers in the
Department with timely, high-quality,
transparent, and actionable analyses for
optimal development, acquisition, and
sustainment decision making and execution;
(iii) to facilitate productivity,
discovery, access, knowledge sharing, and
analysis of acquisition-related data across
organizational boundaries at all levels of the
Department, including through the development
of acquisition documentation; and
(iv) to build and improve analytical models
and simulations to enhance the development,
test, and use of weapon systems.
(3) Software requirement.--
(A) In general.--The capability developed under
paragraph (1) shall include software to collect,
organize, manage, make available, and analyze relevant
data throughout the life cycle of defense acquisition
programs, including any data needed to satisfy
milestone requirements and reviews.
(B) Procurement authority.--The software described
in subparagraph (A) may be developed or procured using
the authorities provided under section 800 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1478).
(4) Review.--In developing the capability required under
paragraph (1) the Secretary of Defense shall--
(A) review data content and requirements to support
planning and reporting of functions and remove
redundant data requests across functions; and
(B) based on such review, develop recommended
approaches for--
(i) moving supporting processes from analog
to digital format, including planning and
reporting processes;
(ii) making new data active through
digitalization;
(iii) making legacy data, including data
currently residing in program documentation,
active through digitalization; and
(iv) modernizing the storage, retrieval,
and reporting capabilities for stakeholders
within the Department, including research
entities, Program Management Offices, analytic
organizations, enterprise oversight, and
decision makers.
(b) Demonstration Activities.--
(1) In general.--The Secretary of Defense shall carry out
demonstration activities to test various approaches to building
the capability required under subsection (a).
(2) Program selection.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall assess and select not fewer than two and not more than
five programs of the Department of Defense to participate in
the demonstration activities under paragraph (1), including--
(A) one or more acquisition data management test
cases; and
(B) one or more development and test modeling and
simulation test cases to demonstrate the ability to
collect data from tests and operations in the field,
and feed the data back into models and simulations for
better software development and testing.
(3) Additional requirements.--As part of the demonstration
activities under paragraph (1), the Secretary shall--
(A) conduct a comparative analysis that assesses
the risks and benefits of the digital management and
analytics capability used in each of the programs
participating in the demonstration activities relative
to the Department's traditional data collection,
reporting, exposing, and analysis approaches;
(B) ensure that the intellectual property strategy
for each of the programs participating in the
demonstration activities is best aligned to meet the
goals of the program; and
(C) develop a workforce and infrastructure plan to
support any new policies and guidance implemented in
connection with the demonstration activities, including
any policies and guidance implemented after the
completion of such activities.
(c) Policies and Guidance Required.--Not later than 18 months after
the date of the enactment of this Act, based on the results of the
demonstration activities carried out under subsection (b), the
Secretary of Defense shall issue or modify policies and guidance to--
(1) promote the use of digital management and analytics
capabilities; and
(2) address roles, responsibilities, and procedures
relating to such capabilities.
(d) Steering Committee.--
(1) In general.--The Secretary of Defense shall establish a
steering committee to assist the Secretary in carrying out
subsections (a) through (c).
(2) Membership.--The steering committee shall be composed
of the following members or their designees:
(A) The Chief Management Officer.
(B) The Chief Information Officer.
(C) The Director of Cost Assessment and Program
Evaluation.
(D) The Under Secretary of Defense for Research and
Engineering.
(E) The Under Secretary of Defense for Acquisition
and Sustainment.
(F) The Director of Operational Test and
Evaluation.
(G) The Service Acquisition Executives.
(H) The Director for Force Structure, Resources,
and Assessment of the Joint Staff.
(I) The Director of the Defense Digital Service.
(e) Independent Assessments.--
(1) Initial assessment.--
(A) In general.--The Defense Innovation Board, in
consultation with the Defense Digital Service, shall
conduct an independent assessment to identify
recommended approaches for the implementation of
subsections (a) through (c).
(B) Elements.--The assessment under subparagraph
(A) shall include the following:
(i) A plan for the development and
implementation of the capability required under
subsection (a), including a plan for any
procurement that may be required as part of
such development and implementation.
(ii) An independent cost assessment of the
total estimated cost of developing and
implementing the capability.
(iii) An independent estimate of the
schedule for the development and implementation
of the capability, including a reasonable
estimate of the dates on which the capability
can be expected to achieve initial operational
capability and full operational capability,
respectively.
(iv) A recommendation identifying the
office or other organization of the Department
of Defense that would be most appropriate to
manage and execute the capability.
(C) Report.--Not later than 180 days after the date
of the enactment of this Act, the Defense Innovation
Board, in consultation with the Defense Digital
Service, shall submit to the Secretary of Defense and
the congressional defense committees a report on the
findings of the assessment under subparagraph (A),
including the findings of the assessment with respect
to each element specified in subparagraph (B).
(2) Final assessment.--
(A) In general.--Not later than March 15, 2022, the
Defense Innovation Board and the Defense Science Board
shall jointly complete an independent assessment of the
progress of the Secretary in implementing subsections
(a) through (c). The Secretary of Defense shall ensure
that the Defense Innovation Board and the Defense
Science Board have access to the resources, data, and
information necessary to complete the assessment.
(B) Information to congress.--Not later than 30
days after the date on which the assessment under
subparagraph (A) is completed, the Defense Innovation
Board and the Defense Science Board shall jointly
provide to the congressional defense committees--
(i) a report summarizing the assessment;
and
(ii) a briefing on the findings of the
assessment.
(f) Report and Briefing.--
(1) Report on implementation.--Not later than 90 days after
the date on which the report described in subsection (e)(1)(C)
is submitted to the congressional defense committees, the
Secretary of Defense shall submit to the congressional defense
committees a report on the progress of the Secretary in
implementing subsections (a) through (c). The report shall
include an explanation of how the results of the demonstration
activities carried out under subsection (b) will be
incorporated into the policy and guidance required under
subsection (c), particularly the policy and guidance of the
members of the steering committee established under subsection
(d).
(2) Briefing on legislative recommendations.--Not later
than October 15, 2021, the Secretary of Defense shall provide
to the Committee on Armed Services of the House of
Representatives a briefing that identifies any changes to
existing law that may be necessary to facilitate the
implementation of subsections (a) through (c).
SEC. 221. SOCIAL SCIENCE, MANAGEMENT SCIENCE, AND INFORMATION SCIENCE
RESEARCH ACTIVITIES.
(a) Establishment.--The Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, shall carry
out a program of research and development in social science, management
science, and information science.
(b) Purposes.--The purposes of the program required under
subsection (a) are as follows:
(1) To ensure that the Department of Defense has access to
innovation and expertise in social science, management science,
and information science to enable the Department to improve the
effectiveness and efficiency of the Department's operational
and management activities.
(2) To coordinate all research and development within the
Department in the fields of social science, management science,
and information science.
(3) To enhance cooperation and collaboration on research
and development in the fields of social science, management
science, and information science among the Department of
Defense and appropriate private sector and international
entities that are involved in such research and development.
(4) To develop and manage a portfolio of research
initiatives in fundamental and applied social science,
management science, and information science that is stable,
consistent, and balanced across relevant disciplines.
(5) To accelerate efforts to transition and deploy
technologies and concepts derived from research and development
in the fields of social science, management science, and
information science into the Department of Defense, and to
establish policies, procedures, and standards for measuring the
success of such efforts.
(6) To collect, synthesize, and disseminate critical
information on research and development in the fields of social
science, management science, and information science.
(7) To support the missions and systems of the Department
by developing the fields of social science, management science,
and information science, including by supporting--
(A) appropriate research and innovation in such
fields; and
(B) the development of an industrial base in such
fields, including development of the facilities,
workforce, and infrastructure that comprise such
industrial base.
(c) Administration.--The Under Secretary of Defense for Research
and Engineering shall supervise the planning, management, and
coordination of the program under subsection (a).
(d) Activities.--The Under Secretary of Defense for Research and
Engineering, in consultation with the Under Secretary of Defense for
Policy, the Secretaries of the military departments, and the heads of
relevant Defense Agencies, shall--
(1) prescribe a set of long-term challenges and a set of
specific technical goals for the program, including--
(A) optimization of analysis of national security
data sets;
(B) development of defense-related management
innovation activities;
(C) improving the operational use of social
science, management science, and information science
innovations by military commanders and civilian
leaders;
(D) improving understanding of the fundamental
social, cultural, and behavioral forces that shape the
strategic interests of the United States; and
(E) developing a Department of Defense workforce
capable of developing and leveraging innovations and
best practices in the fields of social science,
management science, and information science to support
defense missions;
(2) develop a coordinated and integrated research and
investment plan for meeting near-term, mid-term, and long-term
national security, defense-related, and Department management
challenges that--
(A) includes definitive milestones;
(B) provides for achieving specific technical
goals; and
(C) builds upon the investments of the Department,
other departments and agencies of the Federal
Government, and the commercial sector in the fields of
social science, management science, and information
science;
(3) develop plans for--
(A) the development of the Department's workforce
in social science, management science, and information
science; and
(B) enhancing awareness of social science,
management science, and information science within the
Department; and
(4) develop memoranda of agreement, joint funding
agreements, and such other cooperative arrangements as the
Under Secretary determines necessary for carrying out the
program under subsection (a).
(e) Guidance Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall develop and issue guidance for
defense-related social science, management science, and
information science activities, including--
(A) classification and data management plans for
such activities;
(B) policies for control of personnel participating
in such activities to minimize the effects of the loss
of intellectual property in social science, management
science, and information science considered sensitive
to the Federal Government; and
(C) ensuring transition of social science,
management science, and information science research
findings into Department strategic documents.
(2) Updates.--Under Secretary of Defense for Research and
Engineering shall regularly update the guidance issued under
paragraph (4).
(f) Research Centers.--
(1) In general.--The Secretary of each military department
may establish or designate an entity or activity under the
jurisdiction of such Secretary, which may include a Department
of Defense Laboratory, to serve as a research center in the
fields of social science, management science, and information
science. Each such research center shall engage with
appropriate public sector and private sector organizations,
including academic institutions, to enhance and accelerate the
research, development, and deployment of social science,
management science, and information science within the
Department.
(2) Minimum number.--The Secretary of Defense shall ensure
that not less than one research center is established or
designated under paragraph (1) by not later than 180 days after
the date of the enactment of this Act.
(g) Report.--
(1) In general.--Not later than December 31, 2022, the
Secretary shall submit to the congressional defense committees
a report on the program.
(2) Form of report.--The report required under paragraph
(1) may be submitted in unclassified or classified form.
SEC. 222. MEASURING AND INCENTIVIZING PROGRAMMING PROFICIENCY.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Defense shall carry out the
following activities:
(1) Leverage existing civilian software development and
software architecture certification programs to implement
coding language proficiency and artificial intelligence
competency tests within the Department of Defense that--
(A) measure an individual's competency in using
machine learning tools, in a manner similar to the way
the Defense Language Proficiency Test measures
competency in foreign language skills;
(B) enable the identification of members of the
Armed Forces and civilian employees of the Department
of Defense who have varying levels of quantified coding
comprehension and skills and a propensity to learn new
programming paradigms, algorithms, and data analytics;
and
(C) include hands-on coding demonstrations and
challenges.
(2) Update existing record keeping systems to track
artificial intelligence and programming certification testing
results in a manner that is comparable to the system used for
tracking and documenting foreign language competency, and use
that record keeping system to ensure that workforce coding and
artificial intelligence comprehension and skills are taken into
consideration when making assignments.
(3) Implement a system of rewards, including appropriate
incentive pay and retention incentives, for members of the
Armed Forces and civilian employees of the Department of
Defense who perform successfully on specific language coding
proficiency and artificial intelligence competency tests and
make their skills available to the Department.
(b) Information Sharing With Other Federal Agencies.--The Secretary
of Defense shall share information on the activities carried out under
subsection (a) with the Secretary of Homeland Security, the Attorney
General, the Director of National Intelligence, and the heads of such
other organizations of the intelligence community as the Secretary
determines appropriate, for purposes of--
(1) making information about the coding language
proficiency and artificial intelligence competency tests
developed under such subsection available to other Federal
national security agencies; and
(2) encouraging the heads of such agencies to implement
tracking and reward systems that are comparable to those
implemented by the Department of Defense pursuant to such
subsection.
SEC. 223. INFORMATION TECHNOLOGY MODERNIZATION AND SECURITY EFFORTS.
(a) Modernization Effort.--
(1) Definitions.--In this subsection--
(A) the term ``Assistant Secretary'' means the
Assistant Secretary of Commerce for Communications and
Information;
(B) the term ``covered agency''--
(i) means any Federal entity that the
Assistant Secretary determines is appropriate;
and
(ii) includes the Department of Defense;
(C) the term ``Federal entity'' has the meaning
given the term in section 113(l) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(l));
(D) the term ``Federal spectrum'' means frequencies
assigned on a primary basis to a covered agency;
(E) the term ``infrastructure'' means information
technology systems and information technologies, tools,
and databases; and
(F) the term ``NTIA'' means the National
Telecommunications and Information Administration.
(2) Initial interagency spectrum information technology
coordination.--Not later than 90 days after the date of
enactment of this Act, the Assistant Secretary, in consultation
with the Policy and Plans Steering Group, shall identify a
process to establish goals, including parameters to measure the
achievement of those goals, for the modernization of the
infrastructure of covered agencies relating to managing the use
of Federal spectrum by those agencies, which shall include--
(A) the standardization of data inputs, modeling
algorithms, modeling and simulation processes, analysis
tools with respect to Federal spectrum, assumptions,
and any other tool to ensure interoperability and
functionality with respect to that infrastructure;
(B) other potential innovative technological
capabilities with respect to that infrastructure,
including cloud-based databases, artificial
intelligence technologies, automation, and improved
modeling and simulation capabilities;
(C) ways to improve the management of covered
agencies' use of Federal spectrum through that
infrastructure, including by--
(i) increasing the efficiency of that
infrastructure;
(ii) addressing validation of usage with
respect to that infrastructure;
(iii) increasing the accuracy of that
infrastructure;
(iv) validating models used by that
infrastructure; and
(v) monitoring and enforcing requirements
that are imposed on covered agencies with
respect to the use of Federal spectrum by
covered agencies;
(D) ways to improve the ability of covered agencies
to meet mission requirements in congested environments
with respect to Federal spectrum, including as part of
automated adjustments to operations based on changing
conditions in those environments;
(E) the creation of a time-based automated
mechanism--
(i) to share Federal spectrum between
covered agencies to collaboratively and
dynamically increase access to Federal spectrum
by those agencies; and
(ii) that could be scaled across Federal
spectrum; and
(F) the collaboration between covered agencies
necessary to ensure the interoperability of Federal
spectrum.
(3) Spectrum information technology modernization.--
(A) In general.--Not later than 240 days after the
date of enactment of this Act, the Assistant Secretary
shall submit to Congress a report that contains the
plan of the NTIA to modernize and automate the
infrastructure of the NTIA relating to managing the use
of Federal spectrum by covered agencies so as to more
efficiently manage that use.
(B) Contents.--The report required under
subparagraph (A) shall include--
(i) an assessment of the current, as of the
date on which the report is submitted,
infrastructure of the NTIA described in that
paragraph;
(ii) an acquisition strategy for the
modernized infrastructure of the NTIA described
in that paragraph, including how that
modernized infrastructure will enable covered
agencies to be more efficient and effective in
the use of Federal spectrum;
(iii) a timeline for the implementation of
the modernization efforts described in that
paragraph;
(iv) plans detailing how the modernized
infrastructure of the NTIA described in that
paragraph will--
(I) enhance the security and
reliability of that infrastructure so
that such infrastructure satisfies the
requirements of the Federal Information
Security Management Act of 2002 (Public
Law 107-296; 116 Stat. 2135);
(II) improve data models and
analysis tools to increase the
efficiency of the spectrum use
described in that paragraph;
(III) enhance automation and
workflows, and reduce the scope and
level of manual effort, in order to--
(aa) administer the
management of the spectrum use
described in that paragraph;
and
(bb) improve data quality
and processing time; and
(IV) improve the timeliness of
spectrum analyses and requests for
information, including requests
submitted pursuant to section 552 of
title 5, United States Code;
(v) an operations and maintenance plan with
respect to the modernized infrastructure of the
NTIA described in that paragraph;
(vi) a strategy for coordination between
the covered agencies within the Policy and
Plans Steering Group, which shall include--
(I) a description of--
(aa) those coordination
efforts, as in effect on the
date on which the report is
submitted; and
(bb) a plan for
coordination of those efforts
after the date on which the
report is submitted, including
with respect to the efforts
described in paragraph (4);
(II) a plan for standardizing--
(aa) electromagnetic
spectrum analysis tools;
(bb) modeling and
simulation processes and
technologies; and
(cc) databases to provide
technical interference
assessments that are usable
across the Federal Government
as part of a common spectrum
management infrastructure for
covered agencies;
(III) a plan for each covered
agency to implement a modernization
plan described in paragraph (4)(A) that
is tailored to the particular timeline
of the agency;
(vii) identification of manually intensive
processes involved in managing Federal spectrum
and proposed enhancements to those processes;
(viii) metrics to evaluate the success of
the modernization efforts described in that
paragraph and any similar future efforts; and
(ix) an estimate of the cost of the
modernization efforts described in that
paragraph and any future maintenance with
respect to the modernized infrastructure of the
NTIA described in that paragraph, including the
cost of any personnel and equipment relating to
that maintenance.
(4) Interagency inputs.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the head of each covered
agency shall submit to the Assistant Secretary and the
Policy and Plans Steering Group a report that describes
the plan of the agency to modernize the infrastructure
of the agency with respect to the use of Federal
spectrum by the agency so that such modernized
infrastructure of the agency is interoperable with the
modernized infrastructure of the NTIA, as described in
paragraph (3).
(B) Contents.--Each report submitted by the head of
a covered agency under subparagraph (A) shall--
(i) include--
(I) an assessment of the current,
as of the date on which the report is
submitted, management capabilities of
the agency with respect to the use of
frequencies that are assigned to the
agency, which shall include a
description of any challenges faced by
the agency with respect to that
management;
(II) a timeline for completion of
the modernization efforts described in
that paragraph; and
(III) a description of potential
innovative technological capabilities
for the management of frequencies that
are assigned to the agency, as
determined under paragraph (2);
(IV) identification of agency-
specific requirements or constraints
relating to the infrastructure of the
agency;
(V) identification of any existing,
as of the date on which the report is
submitted, systems of the agency that
are duplicative of the modernized
infrastructure of the NTIA, as proposed
under paragraph (3); and
(VI) with respect to the report
submitted by the Secretary of Defense--
(aa) a strategy for the
integration of systems or the
flow of data among the Armed
Forces, the military
departments, the Defense
Agencies and Department of
Defense Field Activities, and
other components of the
Department of Defense;
(bb) a plan for the
implementation of solutions to
the use of Federal spectrum by
the Department of Defense
involving information at
multiple levels of
classification; and
(cc) a strategy for
addressing, within the
modernized infrastructure of
the Department of Defense
described in that paragraph,
the exchange of information
between the Department of
Defense and the NTIA in order
to accomplish required
processing of all Department of
Defense domestic spectrum
coordination and management
activities; and
(ii) be submitted in an unclassified
format, with a classified annex, as
appropriate.
(C) Notification of congress.--Upon submission of
the report required under subparagraph (A), the head of
each covered agency shall notify Congress that the head
of the covered agency has submitted the report.
(5) GAO oversight.--The Comptroller General of the United
States shall--
(A) not later than 90 days after the date of
enactment of this Act, conduct a review of the
infrastructure of covered agencies, as that
infrastructure exists on the date of enactment of this
Act;
(B) after all of the reports required under
paragraph (4) have been submitted, conduct oversight of
the implementation of the modernization plans submitted
by the NTIA and covered agencies under paragraphs (3)
and (4), respectively;
(C) not later than 1 year after the date on which
the Comptroller General begins conducting oversight
under subparagraph (B), and annually thereafter, submit
a report regarding that oversight to--
(i) with respect to the implementation of
the modernization plan of the Department of
Defense, the Committee on Armed Services of the
Senate and the Committee on Armed Services of
the House of Representatives; and
(ii) with respect to the implementation of
the modernization plans of all covered
agencies, including the Department of Defense,
the Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Energy and Commerce of the House of
Representatives; and
(D) provide regular briefings to--
(i) with respect to the application of this
section to the Department of Defense, the
Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives; and
(ii) with respect to the application of
this section to all covered agencies, including
the Department of Defense, the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce
of the House of Representatives.
(b) Telecommunications Security Program.--
(1) Program required.--The Secretary of Defense shall carry
out a program to identify and mitigate vulnerabilities in the
telecommunications infrastructure of the Department of Defense.
(2) Elements.--In carrying out the program under paragraph
(1), the Secretary shall--
(A) develop a capability to communicate clearly and
authoritatively about threats by foreign adversaries;
(B) conduct independent red-team security analysis
of Department of Defense systems, subsystems, devices,
and components including no-knowledge testing and
testing with limited or full knowledge of expected
functionalities;
(C) verify the integrity of personnel who are
tasked with design fabrication, integration,
configuration, storage, test, and documentation of
noncommercial 5G technology to be used by the
Department of Defense;
(D) verify the efficacy of the physical security
measures used at Department of Defense locations where
system design, fabrication, integration, configuration,
storage, test, and documentation of 5G technology
occurs;
(E) direct the Chief Information Officer of the
Department of Defense to use the Federal Risk and
Authorization Management Program (commonly known as
``FedRAMP'') moderate or high cloud standard baselines,
supplemented with the Department's FedRAMP cloud
standard controls and control enhancements, to assess
5G core service providers whose services will be used
by the Department of Defense through the Department's
provisional authorization process; and
(F) direct the Defense Information Systems Agency
and the United States Cyber Command to Develop a
capability for continuous, independent monitoring of
packet streams for 5G data on frequencies assigned to
the Department of Defense to validate availability,
confidentiality, and integrity of Department of Defense
communications systems.
(3) Implementation plan.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a plan for the implementation of the
program under paragraph (1).
(4) Report required.--Not later than 270 days after
submitting the plan under paragraph (3), the Secretary of
Defense shall submit to Congress a report that includes--
(A) a comprehensive assessment of the findings and
conclusions of the program under paragraph (1);
(B) recommendations on how to mitigate
vulnerabilities in the Department of Defense
telecommunications infrastructure; and
(C) an explanation of how the Department of Defense
plans to implement such recommendations.
SEC. 224. BOARD OF DIRECTORS FOR THE JOINT ARTIFICIAL INTELLIGENCE
CENTER.
(a) Establishment.--The Secretary of Defense shall establish a
Board of Directors for the Joint Artificial Intelligence Center.
(b) Duties.--The duties of the Board of Directors shall be the
following:
(1) Provide strategic guidance to the Director of the Joint
Artificial Intelligence Center.
(2) Advise the Secretary on matters relating to the
development and use of artificial intelligence by the
Department of Defense.
(3) Evaluate and advise the Secretary on ethical matters
relating to the development and use of artificial intelligence
by the Department.
(4) Conduct long-term and long-range studies on matters
relating to artificial intelligence.
(5) Evaluate and provide recommendations to the Secretary
regarding the Department's development of a robust workforce
proficient in artificial intelligence.
(6) Assist the Secretary in developing strategic level
guidance on artificial intelligence-related hardware
procurement and supply-chain matters.
(7) Monitor and provide recommendations to the Secretary on
computing power, usage, storage, and other technical matters
relating to artificial intelligence.
(c) Membership.--The Board of Directors shall be composed of the
following members:
(1) The official within the Department of Defense to whom
the Director of the Joint Artificial intelligence center
directly reports.
(2) The Under Secretary of Defense for Policy.
(3) The Under Secretary of Defense for Research and
Engineering.
(4) The Under Secretary of Defense for Acquisition and
Sustainment.
(5) The Under Secretary of Defense for Intelligence and
Security.
(6) The Under Secretary of Defense for Personnel and
Readiness.
(7) Not more than five members from academic or private
sector organizations outside the Department of Defense, who
shall be appointed by the Secretary.
(d) Chairperson.--The chairperson of the Board of Directors shall
be the official described in subsection (c)(1).
(e) Meetings.--The Board of Directors shall meet not less than once
each fiscal quarter and may meet at other times at the call of the
chairperson or a majority of the Board's members.
(f) Reports.--Not later than September 30 of each year through
September 30, 2024, the Board of Directors shall submit to the
congressional defense committees a report that summarizes the
activities of the Board over the preceding year.
(g) Definitions.--In this section:
(1) The term ``artificial intelligence'' has the meaning
given that term in section 238(g) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. 2358 note).
(2) The term ``Board of Directors'' means the Board of
Directors established under subsection (a).
(3) The term ``Joint Artificial Intelligence Center'' means
the Joint Artificial Intelligence Center of the Department of
Defense established pursuant to the memorandum of the Secretary
of Defense dated June 27, 2018, and titled ``Establishment of
the Joint Artificial Intelligence Center'', or any successor to
such Center.
(4) The term ``Secretary'' means the Secretary of Defense.
SEC. 225. DIRECTED ENERGY WORKING GROUP.
(a) In General.--The Secretary of Defense shall establish a working
group, to be known as the ``Directed Energy Working Group''.
(b) Responsibilities.--The working group shall--
(1) discuss the current and planned directed energy
programs of each of the military departments;
(2) make recommendations to the Secretary of Defense about
establishing memoranda of understanding among the organizations
and elements of the Department of Defense to coordinate
directed energy activities using amounts authorized to be
appropriated for research, development, test, and evaluation;
(3) identify methods of quickly fielding directed energy
capabilities and programs; and
(4) develop a compendium on the effectiveness of directed
energy weapon systems and integrate the compendium into an
overall Joint Effectiveness Manual under the guidance from the
Joint Technical Coordination Group for Munitions Effectiveness.
(c) Head of Working Group.--The head of the working group shall be
the Assistant Director of Directed Energy of the Office of the Under
Secretary of Defense for Research and Engineering.
(d) Membership.--The members of the working group shall be
appointed by not later than 60 days after the date of the enactment of
this Act, as follows:
(1) One member from each military department, appointed by
the Secretary of the military department concerned.
(2) One member appointed by the Under Secretary of Defense
for Research and Engineering.
(3) One member appointed by the Under Secretary of Defense
for Acquisition and Sustainment.
(4) One member appointed by the Director of the Strategic
Capabilities Office of the Department of Defense.
(5) One member appointed by the Director of the Defense
Advanced Research Projects Agency.
(e) Reports to Congress.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than once every 180
days thereafter, the working group shall submit to the congressional
defense committees a report on the progress of each directed energy
program being developed or fielded by the Department of Defense.
(f) Termination.--The working group under this section shall
terminate 4 years after the date of the enactment of this Act.
SEC. 226. PROGRAM EXECUTIVE OFFICER FOR AUTONOMY.
(a) In General.--Not later than February 1, 2022, the Secretary of
the Navy shall designate a program executive officer for autonomy who
shall be the official within the Department of the Navy with primary
responsibility for the development and integration of autonomous
technology into weapon systems.
(b) Program Executive Officer Defined.--In this section, the term
``program executive officer'' has the meaning given that term in
section 1737(a)(4) of title 10, United States Code.
SEC. 227. ACCOUNTABILITY MEASURES RELATING TO THE ADVANCED BATTLE
MANAGEMENT SYSTEM.
(a) Independent Cost Estimate.--
(1) In general.--The Director of Cost Assessment and
Program Evaluation shall--
(A) review any cost estimate of the Advanced Battle
Management System prepared by the Department of the Air
Force; and
(B) conduct an independent cost estimate of the
full life-cycle cost of the Advanced Battle Management
System.
(2) Submittal to congress.--At the same time as the budget
of the President for fiscal year 2022 is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code,
the Director of Cost Assessment and Program Evaluation shall
submit to the congressional defense committees a report on the
results of the review and independent cost estimate conducted
under paragraph (1).
(b) Air Force Briefing Requirement.--Section 147(g) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1670) is amended by adding at the end the
following: ``Each briefing shall include a detailed explanation of any
on-ramp exercise of the Advanced Battle Management System conducted
during the quarter covered by the report, including an explanation of--
``(1) the objectives achieved by the exercise;
``(2) the realism of the exercise, including identification
of the portions of the exercise that were scripted and
unscripted and any technical workarounds or substitutes used
for purposes of the exercise;
``(3) the interim capabilities provided to combatant
commanders after the conclusion of the exercise (commonly known
as `leave behind' capabilities) and a plan for the sustainment
or upgrade of such capabilities; and
``(4) the total cost of the exercise and a breakdown of the
costs with respect to technology, range and demonstration
resources, personnel, and logistics.''.
(c) Reports.--Not later than December 20, 2020, the Secretary of
the Air Force shall submit to the congressional defense committees the
following reports on the Advanced Battle Management System:
(1) Report on planned capabilities.--A report on the
planned product line capabilities of the Advanced Battle
Management System, including--
(A) a description of the technologies needed to
implement and achieve such product line capabilities;
(B) a timeline for the technical maturation of such
product line capabilities; and
(C) a notional schedule for fielding such product
line capabilities over the period covered by the
current future-years defense program under section 221
of title 10, United States Code.
(2) Report on acquisition authorities.--A report on the
allocation of responsibilities among the individuals and
entities responsible for acquisition for the Advanced Battle
Management System, including an explanation of how decision-
making and governance of the acquisition process is allocated
among the Chief Architect Integration Office and other entities
that are expected provide capabilities for the System.
(3) Report on alignment with common mission control
center.--A report, which may be submitted in classified or
unclassified form, that explains how, and to what extent, the
Advanced Battle Management System will be aligned and
coordinated with the Common Mission Control Center of the Air
Force.
(d) Report on Security Measures.--At the same time as the budget of
the President for fiscal year 2022 is submitted to Congress pursuant to
section 1105(a) of title 31, United States Code, the Secretary of the
Air Force shall submit to the congressional defense committees a report
that describes how the Secretary plans to ensure the security of the
Advanced Battle Management System, including a description of any
information assurance and anti-tamper requirements for the System.
(e) Advanced Battle Management System Defined.--In this section,
the term ``Advanced Battle Management System'' has the meaning given
that term in section 236(c) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1281).
SEC. 228. MEASURES TO ADDRESS FOREIGN TALENT PROGRAMS.
(a) List of Programs.--The Secretary of Defense shall develop and
maintain a list of foreign talent programs that pose a threat to the
national security interests of the United States, as determined by the
Secretary.
(b) Criteria.--In developing the list under subsection (a), the
Secretary of Defense shall consider--
(1) the extent to which a foreign talent program--
(A) poses a threat to research funded by the
Department of Defense; and
(B) engages in, or facilitates, cyber attacks,
theft, espionage, or otherwise interferes in the
affairs of the United States; and
(2) any other factors the Secretary determines appropriate.
(c) Information to Congress.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a copy of the list developed under subsection (a).
(d) Publication in Federal Register.--Not later than 30 days after
making the submission required under subsection (c), the Secretary of
Defense shall publish the list developed under subsection (a) in the
Federal Register.
(e) Notice and Comment Period.--The list developed under subsection
(a), and any guidance, rules, updates, or other requirements relating
to such list, shall not take effect until such list, or any such
guidance, rules, updates, or other requirements (as the case may be)
have been--
(1) published in the Federal Register; and
(2) open for public comment for a period of not less than
60 days.
(f) Foreign Talent Program Defined.--In this section, the term
``foreign talent program'' has the meaning given that term for purposes
of section 1286 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note).
SEC. 229. DISCLOSURE OF FOREIGN FUNDING SOURCES IN APPLICATIONS FOR
FEDERAL RESEARCH AWARDS.
(a) Disclosure Requirement.--Each Federal research agency shall
require--
(1) any individual applying for funds from that agency as a
principal investigator or co-principal investigator under a
grant or cooperative agreement to disclose all current and
pending support and the sources of such support at the time of
the application for funds; and
(2) any institution of higher education applying for funds
from that agency to certify that every principal investigator
or co-principal investigator who is employed by the institution
of higher education and is applying for such funds has been
made aware of the requirement under paragraph (1).
(b) Consistency.--The Director of the Office of Science and
Technology Policy, acting through the National Science and Technology
Council and in accordance with the authority provided under section
1746 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 42 U.S.C. 6601 note) shall ensure that the
requirements issued by Federal research agencies under subsection (a)
are consistent.
(c) Enforcement.--
(1) In general.--In the event that an individual or entity
violates the disclosure requirements under subsection (a), a
Federal research agency may take one or more of the following
actions against such individual or entity:
(A) Reject an application for a grant or
cooperative agreement because the disclosed current and
pending support violates agency terms and conditions.
(B) Reject an application for a grant or
cooperative agreement because current and pending
support have not been disclosed as required under
subsection (a).
(C) Temporarily or permanently discontinue any or
all funding from that agency for any principal
investigator or co-principal investigator who has
failed to properly disclose current and pending support
pursuant to subsection (a).
(D) Temporarily or permanently suspend or debar a
researcher, in accordance with part 180 of title 2,
Code of Federal Regulations, from receiving funding
from that agency when failure to disclose current and
pending support pursuant to subsection (a) as done
knowingly and willfully.
(E) Refer a failure to disclose under subsection
(a) to Federal law enforcement authorities to determine
whether any criminal statutes have been violated.
(2) Notice.--A Federal research agency intending to take
action under any of subparagraph (A), (B), (C), or (D) of
paragraph (1) shall notify the institution of higher education,
principal investigator and any co-principal investigators
subject to such action about the specific reason for the
action, and shall provide the institution, principal
investigator, and co-principal investigator, as applicable,
with the opportunity and a process by which to contest the
proposed action.
(3) Evidentiary standards.--A Federal research agency
seeking suspension or debarment under paragraph (1)(D) shall
abide by the procedures and evidentiary standards set forth in
part 180 of title 2, Code of Federal Regulations.
(d) Definitions.--In this section:
(1) Current and pending support.--The term ``current and
pending support'' means all resources made available to an
individual in direct support of the individual's research
efforts, regardless of whether such resources have monetary
value, and includes in-kind contributions requiring a
commitment of time and directly supporting the individual's
research efforts, such as the provision of office or laboratory
space, equipment, supplies, employees, and students.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Federal research agency.--The term ``Federal research
agency'' includes the following and any organizations and
elements thereof:
(A) The Department of Agriculture.
(B) The Department of Commerce.
(C) The Department of Defense.
(D) The Department of Education.
(E) The Department of Energy.
(F) The Department of Health and Human Services.
(G) The Department of Homeland Security.
(H) The Department of Transportation.
(I) The Environmental Protection Agency.
(J) The National Aeronautics and Space
Administration.
(K) The National Science Foundation.
SEC. 230. LIMITATIONS RELATING TO LARGE UNMANNED SURFACE VESSELS AND
ASSOCIATED OFFENSIVE WEAPON SYSTEMS.
(a) Limitation on Availability of Funds for LUSV.--
(1) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2021 for the Department of the Navy for the procurement of
a large unmanned surface vessel may be obligated or expended
until a period of 60 days has elapsed following the date on
which the Secretary of the Navy submits to the congressional
defense committees the certification described in paragraph
(2).
(2) Certification described.--The certification described
in this paragraph is a written statement of the Secretary of
the Navy certifying, with respect to any large unmanned surface
vessel to be procured by the Secretary, the following:
(A) A hull system, a mechanical system, and an
electrical system have been developed for the vessel
and each system--
(i) has attained a technology readiness
level of seven or greater; and
(ii) can be operated autonomously for a
minimum of 30 days.
(B) A command control system has been developed for
the vessel and the system--
(i) can be operated autonomously;
(ii) includes autonomous detection; and
(iii) has attained a technology readiness
level of seven or greater.
(C) A detailed plan has been developed for
measuring and demonstrating the reliability of the
vessel.
(D) All payloads expected to be carried on the
vessel have attained a technology readiness level of
seven or greater.
(b) Limitation on LUSV Weapon Integration.--The Secretary of the
Navy may not integrate any offensive weapon system into a large
unmanned surface vessel until the date on which the Secretary of the
Defense certifies to the congressional defense committees that any
large unmanned surface vessel that employs offensive weapons will
comply with the law of armed conflict. Such certification shall include
a detailed explanation of how such compliance will be achieved.
SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS PENDING REVIEW AND REPORT
ON NEXT GENERATION AIR DOMINANCE CAPABILITIES.
(a) Limitation on Air Force Funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2021 for the next generation air dominance initiative of the Air Force,
not more than 85 percent may be obligated or expended until the date on
which the Director of Cost Assessment and Program Evaluation submits
the report required under subsection (d)(1).
(b) Limitation on Navy Funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2021 for the next generation air dominance initiative of the Navy, not
more than 85 percent may be obligated or expended until the date on
which the Director of Cost Assessment and Program Evaluation submits
the report required under subsection (d)(2).
(c) Reviews.--
(1) In general.--The Director of Cost Assessment and
Program Evaluation shall conduct--
(A) a non-advocate review of the next generation
air dominance initiative of the Air Force; and
(B) a non-advocate review of the next generation
air dominance initiative of the Navy.
(2) Elements.--Each review under paragraph (1) shall
include an assessment of--
(A) all risks associated with cost, schedule,
development, integration, production, fielding, and
sustainment of next generation air dominance
capabilities;
(B) the technological maturity of significant
hardware and software efforts planned or carried out as
part of the development of such capabilities; and
(C) affordability goals that the Air Force and the
Navy (as the case may be) will be required to achieve
during development, production, and sustainment
activities for such capabilities that will not
jeopardize or otherwise be detrimental to other high-
priority future capabilities being developed and
procured to support and execute other primary core
competencies and missions.
(d) Reports.--The Director of Cost Assessment and Program
Evaluation shall submit to the congressional defense committees--
(1) a report on the results of the review conducted under
subsection (c)(1)(A) with respect to the Air Force; and
(2) a report on the results of the review conducted under
subsection (c)(1)(B) with respect to the Navy.
SEC. 232. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL
TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS.
Section 217 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended--
(1) in subsection (a)(2), by inserting ``training,'' after
``management,'';
(2) in subsection (e)--
(A) in paragraph (28) by striking ``Infrastructure
resilience'' and inserting ``Additive manufacturing'';
(B) by redesignating paragraph (30) as paragraph
(33); and
(C) by inserting after paragraph (29) the following
new paragraphs:
``(30) Corrosion prevention and control.
``(31) Advanced manufacturing for metal casting.
``(32) 3D and virtual technology training platforms.'';
(3) by redesignating subsections (f) and (g) as subsection
(g) and (h), respectively;
(4) by inserting after subsection (e) the following new
subsection:
``(f) Requirement To Establish Consortia.--
``(1) In general.--In carrying out subsection (a)(1)--
``(A) the Secretary of Defense shall seek to
establish at least one multi-institution consortium
through the Office of the Secretary of Defense;
``(B) the Secretary of the Army shall seek to
establish at least one multi-institution consortium
through the Army;
``(C) the Secretary of the Navy shall seek to
establish at least one multi-institution consortium
through the Navy; and
``(D) the Secretary of the Air Force shall seek to
establish at least one multi-institution consortium
through the Air Force.
``(2) Report required.--Not later than September 30, 2022,
the Secretary of Defense shall submit to the congressional
defense committees a report on the status of the efforts to
establish consortia under paragraph (1).''; and
(5) in subsection (g), as so redesignated, by striking
``2022'' and inserting ``2026''.
SEC. 233. DESIGNATION OF ACADEMIC LIAISON TO PROTECT AGAINST EMERGING
THREATS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, shall do the
following:
(1) Designate an official serving within the Office of the
Under Secretary of Defense for Research and Engineering to work
with the academic and research communities to protect academic
research funded by the Department of Defense from undue foreign
influences and threats.
(2) Set forth the responsibilities of the official
designated under paragraph (1), including--
(A) serving as the liaison of the Department of
Defense with the academic and research communities;
(B) carrying out initiatives of the Department
related to the protection of academic research funded
by the Department from undue foreign influences and
threats, including the initiatives established under
section 1286 of the National Defense Authorization Act
for Fiscal Year 2019 (10 U.S.C. 2358 note);
(C) not less frequently than once a year,
conducting outreach and education activities for the
academic and research community about undue foreign
influences and threats to academic research that is
funded by the Department;
(D) coordinating and aligning the policies relating
to academic research security of--
(i) the elements of the Department
specified in section 111(b) of title 10, United
States Code;
(ii) the intelligence community;
(iii) Federal science agencies;
(iv) the Office of Science and Technology
Policy; and
(v) Federal regulatory agencies; and
(E) working with the intelligence community to the
maximum extent practicable to share with the academic
and research communities, at least annually,
unclassified information, including counterintelligence
information, on threats from undue foreign influences.
(b) Rule of Construction.--Nothing in this section shall be
construed as authorizing the official designated under subsection
(a)(1) to classify academic research in a manner that is inconsistent
with the policies of the Department of Defense or the National Security
Decision Directive Numbered 189 of September 21, 1985, titled
``National Policy on the Transfer of Scientific, Technical and
Engineering Information'', or any successor directive.
(c) Definitions.--In this section:
(1) Federal regulatory agencies.--The term ``Federal
regulatory agencies'' means the Department of Defense, the
Department of Commerce, the Department of State, the Department
of Justice, the Department of Energy, the Department of the
Treasury, the Department of Homeland Security, and the National
Archives and Records Administration.
(2) Federal science agencies.--The term ``Federal science
agencies'' means each agency (as such term is defined in
section 551 of title 5, United States Code) that obligated or
expended not less than $100,000,000 in the previous fiscal year
for research and development.
(3) Intelligence community.--the term ``intelligence
community'' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
Subtitle C--Emerging Technology and Artificial Intelligence Matters
SEC. 241. STEERING COMMITTEE ON EMERGING TECHNOLOGY.
(a) Establishment.--There is established in the executive branch a
steering committee on emerging technology and national security threats
(referred to in this section as the ``Steering Committee'').
(b) Membership.--The Steering Committee shall be composed of the
following:
(1) The Deputy Secretary of Defense.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Under Secretary of Defense for Intelligence and
Security.
(4) Such other officials of the Department of Defense as
are jointly appointed to Steering Committee by the officials
specified in paragraphs (1) through (3).
(c) Co-Chairs.--The officials specified in paragraphs (1) through
(3) of subsection (b) shall serve as co-chairs of the Steering
Committee.
(d) Staff and Support Services.--Upon request of the co-chairs, the
Department of Defense shall provide to the Steering Committee, on a
reimbursable basis, such staff and administrative support services as
are necessary for the Committee to carry out its responsibilities under
this section.
(e) Responsibilities.--The Steering Committee shall be responsible
for--
(1) developing a strategic vision for the organizational
change, concept and capability development, and technology
investments in emerging technologies that are needed to
maintain the technological edge of the military and
intelligence community of the United States;
(2) providing credible assessments of emerging threats and
identifying investments and advances in emerging technology
undertaken by adversaries of the United States;
(3) making recommendations to the Secretary of Defense on--
(A) the implementation of the strategy developed
under to paragraph (1); and
(B) steps that may be taken to address the threats
identified under to paragraph (2);
(4) coordinating with the Joint Committee on Research
Environments of the National Science and Technology Council;
(5) ensuring emerging technologies procured and used by the
military will be tested for algorithmic bias and discriminatory
outcomes; and
(6) carrying out such other activities as are assigned to
the Steering Committee by the Secretary of Defense.
(f) Coordination With JAIC.--The co-chairs shall coordinate the
activities of the Steering Committee with the activities of the Board
of Directors of the Joint Artificial Intelligence Center established
under section 224, as appropriate.
(g) Deepfake Working Group.--
(1) In general.--The co-chairs stall establish a working
group, in coordination with the Defense Advanced Research
Project Agency and such other departments and agencies of the
Federal Government as the co-chairs deem appropriate, to--
(A) inform the Steering Committee's activities with
respect to the national security implications of
machine-manipulated media (commonly known as
``deepfakes'');
(B) assess the Federal Government's capabilities
with respect to technologies to detect, or otherwise
counter and combat, machine-manipulated media and other
advanced image manipulation methods;
(C) assess the machine-manipulated media
capabilities of foreign countries and non-state actors,
with particular emphasis on the People's Republic of
China and the Russian Federation; and
(D) provide recommendations to the Steering
Committee on the matters described in subparagraphs (A)
through (C).
(2) Machine-manipulated media defined.--In this subsection,
the term ``machine-manipulated media'' has the meaning given
that term in section 5724(d) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
(h) Emerging Technology Defined.--In this section, the term
``emerging technology'' means technology determined to be in an
emerging phase of development by the Secretary of Defense, including
quantum computing, technology for the analysis of large and diverse
sets of data (commonly known as ``big data analytics''), artificial
intelligence (including deepfake videos and related technologies),
autonomous technology, robotics, directed energy, hypersonics,
biotechnology, distributed ledger technology, and such other technology
as may be identified by the Secretary.
SEC. 242. TRAINING FOR HUMAN RESOURCES PERSONNEL IN ARTIFICIAL
INTELLIGENCE AND RELATED TOPICS.
(a) Department of Defense.--
(1) Training program.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense shall
develop and implement a program to provide covered human
resources personnel with training in the fields of software
development, data science, and artificial intelligence, as such
fields related to the duties of such personnel.
(2) Elements.--The training provided under paragraph (1)
shall include--
(A) a generalist's introduction to--
(i) software development and business
processes;
(ii) data management practices related to
machine learning;
(iii) machine learning, deep learning, and
artificial intelligence;
(iv) artificial intelligence workforce
roles; and
(v) cybersecurity and secure software
development; and
(B) training in the authorities and procedures that
may be used to recruit software developers, data
scientists, and artificial intelligence professionals,
including direct hiring authorities, excepted service
authorities, the Intergovernmental Personnel Act of
1970 (42 U.S.C. 4701 et seq.), and authorities for
hiring special government employees and highly
qualified experts.
(3) Certificate of completion.--The Secretary of Defense
shall issue a certificate of completion to each individual who
successfully completes the training provided under paragraph
(1), as determined by the Secretary.
(4) Implementation.--The Secretary of Defense shall
implement the training program under paragraph (1) as follows:
(A) In the first year in which the training program
is carried out, the Secretary shall ensure that not
less than 20 percent of covered human resource
personnel complete the program.
(B) In each year of the training program after the
first year, the Secretary shall ensure that not less
than an additional 10 percent of covered human
resources personnel complete the program until 80
percent of such personnel have completed the program.
(C) After achieving the 80 percent completion rate
specified in subparagraph (B), the Secretary shall
ensure, in each year, that not less than 80 percent of
covered human resources personnel have completed the
training program.
(b) Covered Human Resources Personnel Defined.--In this section,
the term ``covered human resources personnel'' means members of the
Armed Forces and civilian employees of the Department of Defense,
including human resources professionals, hiring managers, and
recruiters, who are responsible for hiring software developers, data
scientists, or artificial intelligence professionals for the
Department.
SEC. 243. UNCLASSIFIED WORKSPACES FOR PERSONNEL WITH PENDING SECURITY
CLEARANCES.
(a) Guidance Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance to ensure, to the extent practicable, that all facilities the
Department of Defense at which covered personnel perform work functions
have unclassified workspaces.
(b) Use of Workspaces by Other Personnel.--The guidance issued
under subsection (a) shall include guidelines under which appropriately
screened individuals other than covered personnel, such as interns and
visiting experts, may use unclassified workspaces on a space-available
basis.
(c) Report Required.--Not later than 90 days after the issuance of
the guidance under subsection (a), the Secretary of Defense shall
submit to the congressional defense committees a report that includes--
(1) a plan for implementing the guidance;
(2) a description of how existing facilities may be
modified to accommodate unclassified workspaces; and
(3) identification of any impediments to making
unclassified workspace available as described in subsection
(a).
(d) Definitions.--
(1) In this section, the term ``unclassified workspace''
means a workspace at which unclassified work may be performed.
(2) The term ``covered personnel'' means a member of the
Armed Forces or a civilian employee of the Department of
Defense who has applied for, but who has not yet received, a
security clearance.
SEC. 244. PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS TO EVALUATE
APPLICANTS FOR CERTAIN TECHNICAL POSITIONS.
(a) Pilot Program.--Beginning not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense shall carry out
a pilot program under which applicants for technical positions within
the Department of Defense will be evaluated, in part, based on
electronic portfolios of the applicant's work, as described in
subsection (b).
(b) Activities.--Under the pilot program, the human resources
manager of an organization of the Department of Defense participating
in the program, in consultation with relevant subject matter experts,
shall assess each applicant for a technical position in the
organization by reviewing an electronic portfolio of the applicant's
best work, as selected by the applicant.
(c) Scope of Program.--The Secretary of Defense shall carry out the
pilot program under subsection (a) in at least one major command of
each military department.
(d) Report.--Not later than 2 years after the commencement of the
pilot program under subsection (a), the Secretary of Defense shall
submit to the congressional defense committees a report on the results
of the program. At a minimum, the report shall describe--
(1) how the use of electronic portfolios in the hiring
process affected the timeliness of the hiring process for
technical positions in organizations of the Department of
Defense participating in the program; and
(2) the level of satisfaction of organization leaders,
hiring authorities, and subject matter experts with the quality
of applicants that were hired based on evaluations of
electronic portfolios.
(e) Technical Position Defined.--In this section, the term
``technical position'' means a position in the Department of Defense
requiring expertise in artificial intelligence, data science, or
software development.
(f) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate 5 years after the date of the
enactment of this Act.
SEC. 245. SELF-DIRECTED TRAINING IN ARTIFICIAL INTELLIGENCE.
(a) Online Artificial Intelligence Courses.--The Secretary of
Defense shall make available a list of approved online courses relating
to artificial intelligence that may be taken by civilian employees of
the Department of Defense and members of the Armed Forces on a
voluntary basis while not engaged in the performance of their duties.
(b) Documentation of Completion.--The Secretary of Defense shall
develop and implement a system--
(1) to confirm whether a civilian employee of the
Department of Defense or member of the Armed Forces has
completed an online course approved by the Secretary under
paragraph (1); and
(2) to document the completion of such course in the
personnel file of such employee or member.
(c) Reward System.--The Secretary of Defense shall develop and
implement a system to reward civilian employees of the Department of
Defense and members of the Armed Forces who complete an online course
approved by the Secretary under paragraph (1), which may include--
(1) for a member of the Armed Forces, a 24-hour pass which
may be used on a stand-alone basis or in conjunction with other
leave, holiday, or weekend periods; and
(2) for a civilian employees of the Department, up to 8
hours of additional leave.
(d) Deadline.--The Secretary of Defense shall carry out the
activities described in subparagraphs (a) through (c) not later than
180 days after the date of the enactment of this Act.
SEC. 246. PART-TIME AND TERM EMPLOYMENT OF UNIVERSITY PROFESSORS AND
STUDENTS IN THE DEFENSE SCIENCE AND TECHNOLOGY
ENTERPRISE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, jointly with the
Secretaries of the military departments, and in consultation with the
Under Secretary of Defense for Research and Engineering and the Under
Secretary of Defense for Personnel and Readiness, shall establish a
program under which qualified professors and students may be employed
on a part-time or term basis in an organization of the Defense science
and technology enterprise for the purpose of conducting a research
project.
(b) Selection.--
(1) Selection and hiring.--The head of an organization in
the Defense science and technology enterprise at which
positions are made available under subsection (a) shall be
responsible for selecting qualified professors and students to
fill such positions.
(2) Selection criteria.--A qualified professor or student
shall be selected for participation in the program under
subsection (a) based on the following criteria:
(A) In the case of a qualified professor--
(i) the academic credentials and research
experience of the professor; and
(ii) the extent to which the research
proposed to be carried out by the professor
will contribute to the objectives of the
Department of Defense.
(B) In the case of qualified student assisting a
professor with a research project under the program--
(i) the academic credentials and other
qualifications of the student; and
(ii) the ability of the student to carry
out the responsibilities assigned to the
student as part of the project.
(c) Implementation.--
(1) Minimum number of positions.--In the first year of the
program under subsection (a), the Secretary of Defense shall
establish not fewer than 10 positions for qualified professors.
Not fewer than five of such positions shall be reserved for
qualified professors to conduct research in the fields of
artificial intelligence and machine learning.
(2) Authorities.--In carrying out the program under
subsection (a), the Secretary of Defense and the heads of
organizations in the Defense science and technology enterprise
may--
(A) use any hiring authority available to the
Secretary or the head of such an organization;
(B) enter into cooperative research and development
agreements under section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a);
and
(C) pay referral bonuses to professors or students
participating in the program who identify--
(i) students to assist in a research
project under the program; or
(ii) students or recent graduates to
participate in other programs in the Defense
science and technology enterprise, including
internships at Department of Defense
Laboratories and in the Pathways Program of the
Department.
(d) Reports to Congress.--
(1) Initial report.--Not later than 30 days after the
conclusion of the first year of the program under subsection
(a), the Secretary of Defense shall submit to the congressional
defense committees a report on the status of the program. The
report shall include--
(A) identification of the number of qualified
professors and students employed under the program;
(B) identification of the organizations in the
Defense science and technology enterprise that employed
such individuals; and
(C) a description of the types of research
conducted by such individuals.
(2) Subsequent reports.--Not later than 30 days after the
conclusion of the second and third years of the program under
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report on the progress of
the program. Each report shall include--
(A) the information described in subparagraphs (A)
through (C) of paragraph (1);
(B) the results of any research projects conducted
under the program; and
(C) the number of students and recent graduates
who, pursuant to a reference from a professor or
student participating in the program as described in
subsection (c)(2)(C), were hired by the Department of
Defense or selected for participation in another
program in the Defense science and technology
enterprise.
(e) Definitions.--In this section:
(1) The term ``Defense science and technology enterprise''
means--
(A) the research organizations of the military
departments;
(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 facilities of the Major Range and Test
Facility Base (as defined in section 2358a(f)(3) of
title 10, United States Code);
(D) the Defense Advanced Research Projects Agency;
and
(E) such other organizations as the Secretary of
Defense determines appropriate for inclusion in the
enterprise.
(2) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(3) The term ``qualified professor'' means a professor of
an institution of higher education who has expertise in
science, technology, engineering, and mathematics.
(4) The term ``qualified student'' means a student of an
institution of higher education selected by a qualified
professor to assist the professor in conducting research.
SEC. 247. MICROELECTRONICS AND NATIONAL SECURITY.
(a) Modification of Strategy for Assured Access to Trusted
Microelectronics.--Section 231 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2302 note) is
amended--
(1) in subsection (a), by striking ``September 30, 2019''
and inserting ``December 30, 2020'';
(2) in subsection (b), by adding at the end the following
new paragraphs:
``(10) An approach to ensuring the continuing production of
cutting-edge microelectronics for national security needs,
including state-of-the-art node sizes, heterogeneous
integration, advantaged sensor manufacturing, boutique chip
designs, and variable volume production capabilities.
``(11) An assessment of current microelectronics supply
chain management practices, existing risks, and actions that
may be carried out to mitigate such risks by organizations in
the defense industrial base.
``(12) A plan for increasing commercialization of
intellectual property developed by the Department of Defense
for commercial microelectronics research and development.
``(13) An assessment of the feasibility, usefulness,
efficacy, and cost of--
``(A) developing a national laboratory exclusively
focused on the research and development of
microelectronics to serve as a center for Federal
Government expertise in high-performing, trusted
microelectronics and as a hub for Federal Government
research into breakthrough microelectronics-related
technologies; and
``(B) incorporating into such national laboratory a
commercial incubator to provide early-stage
microelectronics startups, which face difficulties
scaling due to the high costs of microelectronics
design and fabrication, with access to funding
resources, fabrication facilities, design tools, and
shared intellectual property.
``(14) Such other matters as the Secretary of Defense
determines to be relevant.'';
(3) in subsection (d), by striking ``September 30, 2019''
and inserting ``December 30, 2020''; and
(4) in subsection (e), by striking ``September 30, 2019''
and inserting ``December 30, 2020''.
(b) Advisory Panel on Microelectronics Leadership and
Competitiveness.--
(1) Establishment.--Not later than 30 days after the date
of the enactment of this Act, the President, in consultation
with the National Security Council, the National Economic
Council, and the Office of Science and Technology Policy, shall
establish an advisory panel on microelectronics leadership and
competitiveness (referred to in this subsection as the
``Advisory Panel'').
(2) Membership.--The Advisory Panel shall be composed of
the following members:
(A) The Secretary of Defense.
(B) The Secretary of Energy.
(C) The Director of the National Science
Foundation.
(D) The Director of the National Institute of
Standards and Technology.
(E) The heads of such other departments and
agencies of the Federal Government as the President, in
consultation with the National Security Council,
determines appropriate.
(3) National strategy.--
(A) In general.--Not later than 180 days after the
date on which the Advisory Panel is established, the
Panel shall develop a national strategy to--
(i) accelerate the development and
deployment of state-of-the-art
microelectronics; and
(ii) ensure that the United States is a
global leader in the field of microelectronics.
(B) Elements.--The strategy developed under
subparagraph (A) shall address the following:
(i) Activities that may be carried out to
strengthen engagement and outreach between the
Department of Defense and industry, academia,
international partners of the United States,
and other departments and agencies of the
Federal Government on issues relating to
microelectronics.
(ii) Science, technology, research, and
development efforts to facilitate the
advancement and adoption of microelectronics
and new uses of microelectronics and
components, including efforts to--
(I) accelerate leap-ahead research,
development, and innovation in
microelectronics; and
(II) deploy heterogeneously
integrated microelectronics for machine
learning and other applications.
(iii) The role of diplomacy and trade in
maintaining the position of the United States
as a global leader in the field of
microelectronics, including the feasibility and
advisability of--
(I) implementing multilateral
export controls tailored through direct
coordination with key allies of the
United States, including through the
Wassenaar Arrangement and other
multilateral fora, for specific
semiconductor manufacturing equipment
such as extreme ultraviolet
photolithography equipment and argon
fluoride immersion photolithography
equipment;
(II) additional trade enforcement
actions that may be initiated by the
United States to address any unfair or
excessive foreign semiconductor subsidy
programs or other unfair
microelectronics trade practices; and
(III) the elimination of any trade
barriers or unilateral export controls
that harm United States companies
without producing a substantial benefit
to the competitiveness or national
security of the United States.
(iv) The potential role of a national
laboratory and incubator exclusively focused on
the research and development of
microelectronics, as described in section
231(b)(13) of the National Defense
Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 2302 note) (as added by
subsection (a)) in carrying out the strategy
and plan required subparagraph (A).
(v) Such other activities as the Panel
determines may be appropriate to overcome
looming challenges to the innovation,
competitiveness, and supply chain integrity of
the United States in the area of
microelectonics.
(c) Briefings.--Not later than 90 days after the date of the
enactment of this Act--
(1) the Secretary of Defense shall provide to the
congressional defense committees a briefing on the progress of
the Secretary in developing the strategy and implementation
plan required under section 231(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 2302 note); and
(2) the Assistant to the President for National Security
Affairs shall provide to the congressional defense committees a
briefing on the progress of the Advisory Panel in developing
the strategy required under subsection (b)(3).
(d) Advanced Manufacturing Incentives.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Secretary of Commerce, the Secretary of
Homeland Security, and the Director of National Intelligence,
work with the private sector through a public-private
partnership, including by incentivizing the formation of a
consortium of United States companies, to ensure the
development and production of advanced, measurably secure
microelectronics. Such work may include providing incentives
for the creation, expansion, or modernization of one or more
commercially competitive and sustainable semiconductors
manufacturing or advanced research and development facilities.
(2) Risk mitigation requirements.--A participant in a
consortium formed with incentives under paragraph (1) shall--
(A) have the potential to perform fabrication,
assembly, package, or test functions for semiconductors
deemed critical to national security as defined by
export control regulatory agencies in consultation with
the National Security Adviser and the Secretary of
Defense;
(B) demonstrate management processes to identify
and mitigate supply chain security risks; and
(C) be able to produce semiconductors consistent
with applicable measurably secure supply chain and
operational security standards established under
section 224(b) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92).
(3) National security considerations.--The Secretary of
Defense and the Director of National Intelligence shall select
participants for the consortium formed with incentives under
paragraph (1). In selecting such participants, the Secretary
and the Director may jointly consider whether the United States
companies--
(A) have participated in previous programs and
projects of the Department of Defense, Department of
Energy, or the intelligence community, including--
(i) the Trusted Integrated Circuit program
of the Intelligence Advanced Research Projects
Activity;
(ii) trusted and assured semiconductors
projects, as administered by the Department of
Defense;
(iii) the Electronics Resurgence Initiative
(ERI) program of the Defense Advanced Research
Projects Agency; or
(iv) relevant semiconductor research
programs of Advanced Research Projects Agency-
Energy;
(B) have demonstrated an ongoing commitment to
performing contracts for the Department of Defense and
the intelligence community;
(C) are approved by the Defense Counterintelligence
and Security Agency or the Office of the Director of
National Intelligence as presenting an acceptable
security risk, taking into account supply chain
assurance vulnerabilities, counterintelligence risks,
and any risks presented by companies whose owners are
located outside the United States; and
(D) are evaluated periodically for foreign
ownership, control, or influence by foreign entities of
concern.
(4) Nontraditional defense contractors and commercial
entities.--Arrangements entered into to carry out paragraph (1)
shall be in such form as the Secretary of Defense determines
appropriate to encourage industry participation of
nontraditional defense contractors or commercial entities and
may include a contract, a grant, a cooperative agreement, a
commercial agreement, the use of other transaction authority
under section 2371 of title 10, United States Code, or another
such arrangement.
(5) Discharge.--The Secretary of Defense shall carry out
paragraph (1) jointly through the Office of the Under Secretary
of Defense for Research and Engineering and the Office of the
Under Secretary of Defense for Acquisition and Sustainment, or
such other component of the Department of Defense as the
Secretary considers appropriate.
(6) Other initiatives.--The Secretary of Defense shall
dedicate initiatives within the Department of Defense to
advance radio frequency, mixed signal, radiation tolerant, and
radiation hardened semiconductors that support national
security and dual-use applications.
(7) Reports.--
(A) Report by secretary of defense.--Not later than
90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a
report on the plans of the Secretary to carry out
paragraph (1).
(B) Biennial reports by comptroller general of the
united states.--Not later than 1 year after the date on
which the Secretary submits the report required by
subparagraph (A) and not less frequently than once
every 2 years thereafter for a period of 10 years, the
Comptroller General of the United States shall submit
to Congress a report on the activities carried out
under this subsection.
(e) Report Under the Defense Production Act of 1950.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on a plan for any use of authorities
available in title III of the Defense Production Act of 1950
(50 U.S.C. 4531 et seq.) to establish or enhance a domestic
production capability for microelectronic technologies and
related technologies, subject to--
(A) the availability of appropriations for that
purpose; and
(B) a determination made under the plan pursuant to
such title III that such technologies are essential to
the national defense.
(2) Consultation.--The President shall develop the plan
required by paragraph (1) in consultation with any relevant
head of a Federal agency, any advisory committee established
under section 708(a) of the Defense Production Act of 1950 (50
U.S.C. 4558), and appropriate stakeholders in the private
sector.
SEC. 248. ACQUISITION OF ETHICALLY AND RESPONSIBLY DEVELOPED ARTIFICIAL
INTELLIGENCE TECHNOLOGY.
(a) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting through the
Board of Directors of the Joint Artificial Intelligence Center
established under section 224, shall conduct an assessment to determine
whether the Department of Defense has the ability to ensure that any
artificial intelligence technology acquired by the Department is
ethically and responsibly developed.
(b) Elements.--The assessment conducted under subsection (a) shall
address the following:
(1) Whether the Department of Defense has personnel with
sufficient expertise, across multiple disciplines, to ensure
the acquisition of ethically and responsibly developed
artificial intelligence technology, including personnel with
sufficient ethical, legal, and technical expertise to advise on
the acquisition of such technology.
(2) The feasibility and advisability of retaining outside
experts as consultants to assist the Department in filling any
gaps in expertise identified under paragraph (1).
(3) The extent to which existing acquisition processes
encourage or require consultation with relevant experts across
multiple disciplines within the Department to ensure that
artificial intelligence technology acquired by the Department
is ethically and responsibly developed.
(4) Quantitative and qualitative standards for assessing
the extent to which experts across multiple disciplines are
engaged in the acquisition of artificial intelligence
technology by the Department.
(c) Report.--
(1) In general.--Not later than 30 days after the date on
which the Secretary completes the assessment under subsection
(a), the Secretary shall submit to the congressional defense
committees a report on the results of the assessment.
(2) Elements.--The report under paragraph (1) shall
include, based on the results of the assessment--
(A) an explanation of whether the Department of
Defense has personnel with sufficient expertise, across
multiple disciplines, to ensure the acquisition of
ethically and responsibly developed artificial
intelligence technology;
(B) an explanation of whether the Department has
adequate procedures to encourage or require the
consultation of such experts as part of the acquisition
process for artificial intelligence technology; and
(C) with respect to any deficiencies identified
under subparagraph (A) or subparagraph (B), a
description of any measures that have been taken, and
any additional resources that may be needed, to
mitigate such deficiencies.
SEC. 249. ENHANCEMENT OF PUBLIC-PRIVATE TALENT EXCHANGE PROGRAMS IN THE
DEPARTMENT OF DEFENSE.
(a) Public-Private Talent Exchange.--Section 1599g of title 10,
United States Code is amended--
(1) in subsection (b)(1), by amending subparagraph (C) to
read as follows:
``(C) shall contain language ensuring that such
employee of the Department does not improperly use
information that such employee knows relates to a
Department acquisition, or procurement for the benefit
or advantage of the private-sector organization.''.
(2) in subsection (f)--
(A) in paragraph (2)--
(i) by striking ``is deemed to be an
employee of the Department of Defense for the
purposes of'' and inserting ``is subject to'';
(ii) by striking subparagraph (D); and
(iii) by redesignating subparagraphs (E)
and (F) as subparagraphs (D) and (E),
respectively;
(B) by striking paragraph (4);
(C) by redesignating paragraph (5) as paragraph
(4); and
(D) by adding at the end the following new
paragraph:
``(5) shall be required to file a Public Financial
Disclosure Report (OGE Form 278) and the Public Financial
Disclosure Report for a such a person and a description of any
waivers provided to such person shall be made available on a
publicly accessible website of the Department of Defense.''.
(b) Application of Exchange Authority to Artificial Intelligence.--
Not later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall take steps to ensure that the authority for
the Department of Defense to operate a public-private talent exchange
program pursuant to section 1599g of title 10, United States Code, is
used to exchange personnel with private sector entities working on
artificial intelligence applications. Such application of the authority
of section 1599g shall be in addition to, not in lieu of, any other
application of such authority by the Department of Defense.
(c) Goals for Program Participation.--In carrying out the
requirement of subsection (b), the Secretary shall seek to achieve the
following objectives:
(1) In the Secretary of Defense Executive Fellows program,
the nomination of an additional five uniformed service members
and three government civilians by each service and by the
Office of the Secretary of Defense, for sponsorship by private
sector entities working on artificial intelligence
applications.
(2) For the public-private talent exchange program of the
Under Secretary of Defense for Acquisition and Sustainment--
(A) an additional ten government employees to work
with private sector entities working on artificial
intelligence applications; and
(B) an additional ten employees of private sector
entities working on artificial intelligence
applications to work in the Department.
(3) The establishment of the following new public-private
talent exchange programs in the Office of the Secretary of
Defense, comparable to the program referred to in paragraph
(2)--
(A) in the office of the Undersecretary of Defense
for Research and Engineering, a program with twenty
participants, focused on exchanges with private sector
entities working on artificial intelligence
applications.
(B) in the office of the Chief Information Officer
of the Department of Defense, a program with twenty
participants, focused on exchanges with private sector
entities working on artificial intelligence
applications.
(4) In the Army, Navy, and Marine Corps, the establishment
of new public-private exchange programs, comparable to the Air
Force Education with Industry Program, each with twenty program
participants, focused on private sector entities working on
artificial intelligence applications.
(d) Treatment of Program Participants.--
(1) The Army, Navy, and Marine Corps shall take steps to
ensure that participation by a service member in a program
described in subsection (c)(4) is treated, for purposes of
promotion boards and subsequent assignments, as equivalent to
attending resident professional military education.
(2) The Secretary of Defense shall establish a public-
private exchange program billet office to temporarily hold
billets for civilian employees who participate in programs
described in subsection (b), to ensure that participating
Department of Defense offices are able to retain their staffing
levels during the period of participation.
(e) Briefing on Expansion of Existing Exchange Programs.--Not later
than 180 days after the date of the enactment of this Act, and annually
thereafter, the Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a
briefing on the efforts undertaken to expand existing public-private
exchange programs of the Department of Defense and to ensure that such
programs seek opportunities for exchanges with private sector entities
working on artificial intelligence applications, in accordance with the
requirements of this section.
SEC. 250. REPORTING ON CONTRIBUTION OF DEVELOPMENT OF ARTIFICIAL
INTELLIGENCE STANDARDS.
Subsection (b) of section 260 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at
the end the following paragraph:
``(11) A description of efforts of the Center and the
Department of Defense to develop or contribute to the
development of artificial intelligence standards, including--
``(A) the participation of the Center and the
Department of Defense in international and
multistakeholder standard-setting bodies; and
``(B) collaboration between the Center and
Department of Defense and--
``(i) other organizations and elements of
the Department of Defense (including the
Defense Agencies and the military departments);
``(ii) agencies of the Federal Government;
and
``(iii) private industry (including the
defense industrial base).''.
Subtitle D--Sustainable Chemistry Research and Development
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ``Sustainable Chemistry Research
and Development Act of 2020''.
SEC. 252. FINDINGS.
Congress finds that--
(1) Congress recognized the importance and value of
sustainable chemistry in section 114 of the American Innovation
and Competitiveness Act (Public Law 114-329);
(2) sustainable chemistry and materials transformation is a
key value contributor to business competitiveness across many
industrial and consumer sectors;
(3) companies across hundreds of supply chains critical to
the American economy are seeking to reduce costs and open new
markets through innovations in manufacturing and materials, and
are in need of new innovations in chemistry, including
sustainable chemistry;
(4) sustainable chemistry can improve the efficiency with
which natural resources are used to meet human needs for
chemical products while avoiding environmental harm, reduce or
eliminate the emissions of and exposures to hazardous
substances, minimize the use of resources, and benefit the
economy, people, and the environment; and
(5) a recent report by the Government Accountability Office
(GAO-18-307) found that the Federal Government could play an
important role in helping realize the full innovation and
market potential of sustainable chemistry technologies,
including through a coordinated national effort on sustainable
chemistry and standardized tools and definitions to support
sustainable chemistry research, development, demonstration, and
commercialization.
SEC. 253. NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEMISTRY.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Science and
Technology Policy shall convene an interagency entity (referred to in
this subtitle as the ``Entity'') under the National Science and
Technology Council with the responsibility to coordinate Federal
programs and activities in support of sustainable chemistry, including
those described in sections 255 and 256.
(b) Coordination With Existing Groups.--In convening the Entity,
the Director of the Office of Science and Technology Policy shall
consider overlap and possible coordination with existing committees,
subcommittees, or other groups of the National Science and Technology
Council, such as--
(1) the Committee on Environment;
(2) the Committee on Technology;
(3) the Committee on Science; or
(4) related groups or subcommittees.
(c) Co-Chairs.--The Entity shall be co-chaired by the Director of
the Office of Science and Technology Policy and a representative from
the Environmental Protection Agency, the National Institute of
Standards and Technology, the National Science Foundation, or the
Department of Energy, as selected by the Director of the Office of
Science and Technology Policy.
(d) Agency Participation.--The Entity shall include
representatives, including subject matter experts, from the
Environmental Protection Agency, the National Institute of Standards
and Technology, the National Science Foundation, the Department of
Energy, the Department of Agriculture, the Department of Defense, the
National Institutes of Health, the Centers for Disease Control and
Prevention, the Food and Drug Administration, and other related Federal
agencies, as appropriate.
(e) Termination.--The Entity shall terminate on the date that is 10
years after the date of enactment of this Act.
SEC. 254. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY.
(a) Strategic Plan.--Not later than 2 years after the date of
enactment of this Act, the Entity shall--
(1) consult with relevant stakeholders, including
representatives from industry, academia, national labs, the
Federal Government, and international entities, to develop and
update, as needed, a consensus definition of ``sustainable
chemistry'' to guide the activities under this subtitle;
(2) develop a working framework of attributes
characterizing and metrics for assessing sustainable chemistry,
as described in subsection (b);
(3) assess the state of sustainable chemistry in the United
States as a key benchmark from which progress under the
activities described in this subtitle can be measured,
including assessing key sectors of the United States economy,
key technology platforms, commercial priorities, and barriers
to innovation;
(4) coordinate and support Federal research, development,
demonstration, technology transfer, commercialization,
education, and training efforts in sustainable chemistry,
including budget coordination and support for public-private
partnerships, as appropriate;
(5) identify any Federal regulatory barriers to, and
opportunities for, Federal agencies facilitating the
development of incentives for development, consideration, and
use of sustainable chemistry processes and products;
(6) identify major scientific challenges, roadblocks, or
hurdles to transformational progress in improving the
sustainability of the chemical sciences;
(7) identify other opportunities for expanding Federal
efforts in support of sustainable chemistry; and
(8) review, identify, and make efforts to eliminate
duplicative Federal funding and duplicative Federal research in
sustainable chemistry.
(b) Characterizing and Assessing Sustainable Chemistry.--The Entity
shall develop a working framework of attributes characterizing and
metrics for assessing sustainable chemistry for the purposes of
carrying out the Act. In developing this framework, the Entity shall--
(1) seek advice and input from stakeholders as described in
subsection (c);
(2) consider existing definitions of, or frameworks
characterizing and metrics for assessing, sustainable chemistry
already in use at Federal agencies;
(3) consider existing definitions of, or frameworks
characterizing and metrics for assessing, sustainable chemistry
already in use by international organizations of which the
United States is a member, such as the Organisation for
Economic Co-operation and Development; and
(4) consider any other appropriate existing definitions of,
or frameworks characterizing and metrics for assessing,
sustainable chemistry.
(c) Consultation.--In carrying out the duties described in
subsections (a) and (b), the Entity shall consult with stakeholders
qualified to provide advice and information to guide Federal activities
related to sustainable chemistry through workshops, requests for
information, or other mechanisms as necessary. The stakeholders shall
include representatives from--
(1) business and industry (including trade associations and
small- and medium-sized enterprises from across the value
chain);
(2) the scientific community (including the National
Academies of Sciences, Engineering, and Medicine, scientific
professional societies, national labs, and academia);
(3) the defense community;
(4) State, Tribal, and local governments, including
nonregulatory State or regional sustainable chemistry programs,
as appropriate;
(5) nongovernmental organizations; and
(6) other appropriate organizations.
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this subtitle, the Entity shall submit a report to
the Committee on Environment and Public Works, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate, and the Committee on Science,
Space, and Technology, the Committee on Energy and Commerce,
and the Committee on Appropriations of the House of
Representatives. In addition to the elements described in
subsections (a) and (b), the report shall include--
(A) a summary of federally funded, sustainable
chemistry research, development, demonstration,
technology transfer, commercialization, education, and
training activities;
(B) a summary of the financial resources allocated
to sustainable chemistry initiatives by each
participating agency;
(C) an assessment of the current state of
sustainable chemistry in the United States, including
the role that Federal agencies are playing in
supporting it;
(D) an analysis of the progress made toward
achieving the goals and priorities of this subtitle,
and recommendations for future program activities;
(E) an evaluation of steps taken and future
strategies to avoid duplication of efforts, streamline
interagency coordination, facilitate information
sharing, and spread best practices among participating
agencies; and
(F) an evaluation of duplicative Federal funding
and duplicative Federal research in sustainable
chemistry, efforts undertaken by the Entity to
eliminate duplicative funding and research, and
recommendations on how to achieve these goals.
(2) Submission to gao.--The Entity shall also submit the
report described in paragraph (1) to the Comptroller General of
the United States for consideration in future Congressional
inquiries.
(3) Additional reports.--The Entity shall submit a report
to Congress and the Comptroller General of the United States
that incorporates the information described in subparagraphs
(a), (b), (d), (e), and (f) every 3 years, commencing after the
initial report is submitted until the Entity terminates.
SEC. 255. AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE CHEMISTRY.
(a) In General.--The agencies participating in the Entity shall
carry out activities in support of sustainable chemistry, as
appropriate to the specific mission and programs of each agency.
(b) Activities.--The activities described in subsection (a) shall--
(1) incorporate sustainable chemistry into existing
research, development, demonstration, technology transfer,
commercialization, education, and training programs, that the
agency determines to be relevant, including consideration of--
(A) merit-based competitive grants to individual
investigators and teams of investigators, including, to
the extent practicable, early career investigators for
research and development;
(B) grants to fund collaborative research and
development partnerships among universities, industry,
and nonprofit organizations;
(C) coordination of sustainable chemistry research,
development, demonstration, and technology transfer
conducted at Federal laboratories and agencies;
(D) incentive prize competitions and challenges in
coordination with such existing Federal agency
programs; and
(E) grants, loans, and loan guarantees to aid in
the technology transfer and commercialization of
sustainable chemicals, materials, processes, and
products;
(2) collect and disseminate information on sustainable
chemistry research, development, technology transfer, and
commercialization, including information on accomplishments and
best practices;
(3) expand the education and training of students at
appropriate levels of education, professional scientists and
engineers, and other professionals involved in all aspects of
sustainable chemistry and engineering appropriate to that level
of education and training, including through--
(A) partnerships with industry as described in
section 256;
(B) support for the integration of sustainable
chemistry principles into chemistry and chemical
engineering curriculum and research training, as
appropriate to that level of education and training;
and
(C) support for integration of sustainable
chemistry principles into existing or new professional
development opportunities for professionals including
teachers, faculty, and individuals involved in
laboratory research (product development, materials
specification and testing, life cycle analysis, and
management);
(4) as relevant to an agency's programs, examine methods by
which the Federal agencies, in collaboration and consultation
with the National Institute of Standards and Technology, may
facilitate the development or recognition of validated,
standardized tools for performing sustainability assessments of
chemistry processes or products;
(5) through programs identified by an agency, support
(including through technical assistance, participation,
financial support, communications tools, awards, or other forms
of support) outreach and dissemination of sustainable chemistry
advances such as non-Federal symposia, forums, conferences, and
publications in collaboration with, as appropriate, industry,
academia, scientific and professional societies, and other
relevant groups;
(6) provide for public input and outreach to be integrated
into the activities described in this section by the convening
of public discussions, through mechanisms such as public
meetings, consensus conferences, and educational events, as
appropriate;
(7) within each agency, develop or adapt metrics to track
the outputs and outcomes of the programs supported by that
agency; and
(8) incentivize or recognize actions that advance
sustainable chemistry products, processes, or initiatives,
including through the establishment of a nationally recognized
awards program through the Environmental Protection Agency to
identify, publicize, and celebrate innovations in sustainable
chemistry and chemical technologies.
(d) Limitations.--Financial support provided under this section
shall--
(1) be available only for pre-competitive activities; and
(2) not be used to promote the sale of a specific product,
process, or technology, or to disparage a specific product,
process, or technology.
SEC. 256. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY.
(a) In General.--The agencies participating in the Entity may
facilitate and support, through financial, technical, or other
assistance, the creation of partnerships between institutions of higher
education, nongovernmental organizations, consortia, or companies
across the value chain in the chemical industry, including small- and
medium-sized enterprises, to--
(1) create collaborative sustainable chemistry research,
development, demonstration, technology transfer, and
commercialization programs; and
(2) train students and retrain professional scientists,
engineers, and others involved in materials specification on
the use of sustainable chemistry concepts and strategies by
methods, including--
(A) developing or recognizing curricular materials
and courses for undergraduate and graduate levels and
for the professional development of scientists,
engineers, and others involved in materials
specification; and
(B) publicizing the availability of professional
development courses in sustainable chemistry and
recruiting professionals to pursue such courses.
(b) Private Sector Participation.--To be eligible for support under
this section, a partnership in sustainable chemistry shall include at
least one private sector organization.
(c) Selection of Partnerships.--In selecting partnerships for
support under this section, the agencies participating in the Entity
shall also consider the extent to which the applicants are willing and
able to demonstrate evidence of support for, and commitment to, the
goals outlined in the strategic plan and report described in section
254.
(d) Prohibited Use of Funds.--Financial support provided under this
section may not be used--
(1) to support or expand a regulatory chemical management
program at an implementing agency under a State law;
(2) to construct or renovate a building or structure; or
(3) to promote the sale of a specific product, process, or
technology, or to disparage a specific product, process, or
technology.
SEC. 257. PRIORITIZATION.
In carrying out this subtitle, the Entity shall focus its support
for sustainable chemistry activities on those that achieve, to the
highest extent practicable, the goals outlined in the Act.
SEC. 258. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to alter or amend any
State law or action with regard to sustainable chemistry, as defined by
the State.
SEC. 259. MAJOR MULTI-USER RESEARCH FACILITY PROJECT.
Section 110 of the American Innovation and Competitiveness Act (42
U.S.C. 1862s-2) is amended by striking (g)(2) and inserting the
following:
``(2) Major multi-user research facility project.--The term
`major multi-user research facility project' means a science
and engineering facility project that exceeds $100,000,000 in
total construction, acquisition, or upgrade costs to the
Foundation.''.
Subtitle E--Plans, Reports, and Other Matters
SEC. 261. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF OPERATIONAL
TEST AND EVALUATION.
Section 139(h)(2) of title 10, United States Code, is amended--
(1) by striking ``Engineering,,'' and inserting
``Engineering,''; and
(2) by striking ``, through January 31, 2025''.
SEC. 262. REPEAL OF QUARTERLY UPDATES ON THE OPTIONALLY MANNED FIGHTING
VEHICLE PROGRAM.
Section 261 of the National Defense Authorization Act for Fiscal
Year 2020 (Public law 116-92; 133 Stat. 1294) is repealed.
SEC. 263. INDEPENDENT EVALUATION OF PERSONAL PROTECTIVE AND DIAGNOSTIC
TESTING EQUIPMENT.
(a) Independent Evaluation Required.--The Director of Operational
Test and Evaluation shall conduct an independent evaluation of--
(1) any processes used to test the effectiveness of covered
personal protective and diagnostic testing equipment; and
(2) the results of such tests.
(b) Availability of Information.--The Secretary of Defense shall
provide the Director of Operational Test and Evaluation with such
information as may be necessary for the Director to conduct the
evaluations required under subsection (a), including any relevant
documentation relating to testing processes and test results for
covered personal protective and diagnostic testing equipment.
(c) Report to Congress.--Not later than 30 days after the
completion of each evaluation under subsection (a), the Director of
Operational Test and Evaluation shall submit to the congressional
defense committees a report on the results of the evaluation.
(d) Covered Personal Protective and Diagnostic Testing Equipment
Defined.--In this section, the term ``covered personal protective and
diagnostic testing equipment'' means any personal protective equipment
or diagnostic testing equipment developed, acquired, or used by the
Department of Defense--
(1) in response to COVID-19; or
(2) as part of any follow-on, long-term acquisition and
distribution program for such equipment.
SEC. 264. REPORTS ON F-35 PHYSIOLOGICAL EPISODES AND MITIGATION
EFFORTS.
(a) Study and Report.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall conduct a study to determine
the underlying causes of physiological episodes affecting
crewmembers of F-35 aircraft.
(2) Elements.--The study under subsection (a) shall
include--
(A) an examination of each physiological episode
reported by a crewmember of an F-35 aircraft as of the
date of the enactment of this Act;
(B) a determination as to the underlying cause of
the episode; and
(C) an examination of--
(i) any long-term effects, including
potential long-term effects, of the episode;
and
(ii) any additional care an affected
crewmember may need.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report that includes--
(A) the results the study conducted under
subsection (a), including a description of each
physiological episode examined under the study and an
explanation of the underlying cause of the episode;
(B) a description of any actions that may be taken
to address the underlying causes of such episodes,
including any resources that may be required to carry
out such actions; and
(C) any other findings and recommendations of the
study.
(b) Annual Reports on Mitigation Efforts.--The Secretary of
Defense, in consultation with the Under Secretary of Defense for
Acquisition and Sustainment, shall include with the annual report
required by section 224(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2059), a detailed
description of--
(1) the efforts of the Department of Defense to address
physiological episodes affecting crewmembers of F-35 aircraft;
and
(2) the funding allocated for such efforts.
SEC. 265. STUDY ON MECHANISMS FOR ATTRACTING AND RETAINING HIGH QUALITY
TALENT IN THE NATIONAL SECURITY INNOVATION BASE.
(a) Study Required.--The Secretary of Defense shall conduct a study
to determine the feasibility of establishing a program to attract and
retain covered individuals for employment in the national security
innovation base.
(b) Elements.--The study required under subsection (a) shall
include an analysis of--
(1) mechanisms the Department of Defense may use to engage
institutions of higher education to assist in the
identification and recruitment of covered individuals for
employment in the national security innovation base;
(2) monetary and nonmonetary incentives that may be
provided to retain covered individuals in positions in the
national security innovation base;
(3) methods that may be implemented to ensure the proper
vetting of covered individuals;
(4) the number of covered individuals needed to advance the
competitiveness of the research, development, test, and
evaluation efforts of the Department of Defense in the critical
technologies identified in the National Defense Strategy; and
(5) the type and amount of resources required to implement
the program described in subsection (a).
(c) Report.--Not later than February 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees a report
on the results of the study conducted under subsection (a).
(d) Definitions.--In this section:
(1) The term ``national security innovation base'' the
means the network of persons and organizations, including
Federal agencies, institutions of higher education, federally
funded research and development centers, defense industrial
base entities, nonprofit organizations, commercial entities,
and venture capital firms that are engaged in the military and
nonmilitary research, development, funding, and production of
innovative technologies that support the national security of
the United States.
(2) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(3) The term ``covered individual'' means an individual
who--
(A) is employed by a United States employer and
engaged in work to promote and protect the national
security innovation base;
(B) is engaged in basic or applied research, funded
by the Department of Defense, through an institution of
higher education in the United States; and
(C) possesses scientific or technical expertise
that will advance the development of critical
technologies identified in the National Defense
Strategy or the National Defense Science and Technology
Strategy, required by section 218 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1679).
SEC. 266. FUNDING FOR FORCE PROTECTION APPLIED RESEARCH.
(a) Increase.--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, and evaluation, Navy, applied research,
force protection applied research, line 005 (PE 0602123N) is hereby
increased by $9,000,000 (to be used in support of the Direct Air
Capture and Blue Carbon Removal Technology Program authorized under
section 223 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 2358 note)).
(b) 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, Air Force, admin & servicewide activities,
servicewide communications, line 410 is hereby reduced by
$4,000,000.
(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, Army, admin & servicewide activities,
servicewide communications, line 440 is hereby reduced by
$5,000,000.
SEC. 267. FUNDING FOR HYPERSONICS PROTOTYPING.
(a) Increase.--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, and evaluation, Air Force, advanced
component development & prototypes, line 048, hypersonics prototyping
(PE 0604033F) is hereby increased by $5,000,000 (to be used in support
of the Air-launched Rapid Response Weapon Program).
(b) Offset.--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, Space Force, operating forces, contractor logistics &
system support, line 080 is hereby reduced by $5,000,000.
SEC. 268. FUNDING FOR UNIDIRECTIONAL BODY ARMOR.
(a) Increase.--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, and evaluation, Army, advanced component
development & prototypes, line 093, soldier systems--advanced
development (PE 0603827A) is hereby increased by $7,000,000 (to be used
for the development of lightweight body armor fabrics).
(b) Offset.--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, and evaluation, Army, advanced component
development & prototypes, line 102, technology maturation initiatives
(PE 0604115A) is hereby reduced by $7,000,000.
SEC. 269. ASSESSMENTS OF INTELLIGENCE, DEFENSE, AND MILITARY
IMPLICATIONS OF DEEPFAKE VIDEOS AND RELATED TECHNOLOGIES.
(a) Intelligence Threat Assessment.--
(1) In general.--In conjunction with each annual report
required under section 5709(d) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
(relating to deepfake technology and the foreign weaponization
of deepfakes), the Director of National Intelligence shall
submit to the Secretary of Defense and the appropriate
congressional committees a supplemental report on the
intelligence, defense, and military implications of deepfake
videos and related technologies.
(2) Elements.--Each supplemental report under paragraph (1)
shall include--
(A) a description of new developments with respect
to the national security implications of machine-
manipulated media, and intelligence community responses
to such developments, as it pertains to those matters
described in section 5709(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92);
(B) a description of any known efforts by the
militaries of the People's Republic of China or the
Russian Federation or any governmental elements that
provide intelligence support to such militaries, to
deploy machine-manipulated media in the context of any
ongoing geopolitical disputes, armed conflicts, or
related operations; and
(C) an assessment of additional future security
risks posed by artificial intelligence technologies
that facilitate the creation of machine-manipulated
media, including security risks in contexts other than
influence or information operations (including the
potential subversion of biometric authentication
systems).
(3) Interim report.--Not later than 120 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the Secretary of Defense and the
appropriate congressional committees a report on the
preliminary findings of the Director with respect to each
element described in subsection (2).
(4) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Select Committee on Intelligence of the
Senate; and
(C) the Permanent Select Committee on Intelligence
of the House of Representatives.
(b) Military Risk Assessment.--
(1) In general.--Not later than 180 days after date on
which the report under subsection (a)(3) is submitted to the
Secretary of Defense, the Secretary shall submit to the
congressional defense committees an assessment, based on the
results of such report, of the risks posed by machine-
manipulated media to the operations, personnel, and activities
of the Department of Defense and the Armed Forces.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An assessment of the risks posed by machine-
manipulated media in the contexts of military planning,
defense intelligence collection, operational decision-
making, and such other contexts as the Secretary of
Defense deems appropriate.
(B) A description of how the Department of Defense
would assess, particularly under limited time
constraints, the legitimacy of machine-manipulated
media purporting to depict activities relevant to
ongoing military operations (such as a deepfake video
purporting to depict a foreign government official
announcing an impending military strike, retreat, or
other tactical action).
(C) A description of any efforts of the Department
of Defense to combat the actual or potential creation
of machine-manipulated media that falsely depicts or
replicates biometric identifiers of Federal Government
officials, and an assessment of the feasibility of
adopting or developing technologies to reduce the
likelihood of video, audio, or visual content produced
or distributed by the Department of Defense from being
manipulated or exploited in such manner.
(D) An assessment of the Department of Defense's
current machine-manipulated media detection
capabilities, and recommendations with respect to
improving such capabilities.
(c) Form.--The reports required under subsections (a) and (b) may
be submitted in classified form, but if so submitted, shall be
accompanied by unclassified annexes.
(d) Machine-Manipulated Media Defined.--In this section, the term
``machine-manipulated media'' has the meaning given that term in
section 5724(d) of the National Defense Authorization Act for Fiscal
Year 2020 1 (Public Law 116-92).
SEC. 270. FUNDING FOR AIR FORCE UNIVERSITY RESEARCH INITIATIVES.
(a) Increase.--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, and evaluation, Air Force, basic research,
university research initiatives (PE 0601103F), line 002 is hereby
increased by $5,000,000.
(b) Offset.--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, Army, admin & servicewide activities, servicewide
communications, line 440 is hereby reduced by $5,000,000.
SEC. 271. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2020 PROJECTS.
(a) Findings.--Congress finds the following:
(1) The Department of Defense is encouraging the liberal
use of fifth generation (commonly known as ``5G'') information
and communications technology testbeds to develop useful,
mission-oriented applications for 5G technology.
(2) Barksdale Air Force Base, Louisiana, has the ability to
serve as a large-scale test facility to enable rapid
experimentation and dual-use application prototyping.
(3) Barksdale Air Force Base, Louisiana, has streamlined
access to spectrum bands, mature fiber and wireless
infrastructure, and prototyping and test area range access, all
of which are ideal characteristics for use as a 5G test bed
location.
(b) Consideration Required.--The Secretary of Defense shall
consider using Barksdale Air Force Base, Louisiana, as 5G test bed
installation for purposes of the activities carried out under section
254(b)(2)(A) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 2223 note).
SEC. 272. SENSE OF CONGRESS ON THE ROLE OF THE NATIONAL SCIENCE
FOUNDATION.
It is the sense of Congress that the National Science Foundation is
critical to the expansion of the frontiers of scientific knowledge and
advancing American technological leadership in key technologies, and
that in order to continue to achieve its mission in the face of rising
challenges from strategic competitors, the National Science Foundation
should receive a significant increase in funding, expand its use of its
existing authorities to carry out new and innovative types of
activities, consider new authorities that it may need, and increase
existing activities such as the convergence accelerators aimed at
accelerating the translation of fundamental research for the economic
and national security benefit of the United States.
SEC. 273. FUNDING FOR NAVY UNIVERSITY RESEARCH INITIATIVES.
(a) Increase.--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, and evaluation, Navy, basic research,
university research initiatives (PE 0601103N), line 001 is hereby
increased by $5,000,000.
(b) Offset.--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, Army, admin & servicewide activities, servicewide
communications, line 440 is hereby reduced by $5,000,000.
SEC. 274. FUNDING FOR ARMY UNIVERSITY RESEARCH INITIATIVES.
(a) Increase.--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, and evaluation, Army, basic research,
university research initiatives (PE 0601103A), line 003 is hereby
increased by $5,000,000.
(b) Offset.--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, Army, admin & servicewide activities, servicewide
communications, line 440 is hereby reduced by $5,000,000.
SEC. 275. REPORT ON CERTAIN AWARDS BY THE AIR FORCE UNDER THE SMALL
BUSINESS INNOVATION RESEARCH PROGRAM AND THE SMALL
BUSINESS TECHNOLOGY TRANSFER PROGRAM.
The Assistant Secretary of the Air Force for Acquisition Technology
and Logistics shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report containing a list of
all selections made by the Assistant Secretary during the preceding 5-
year period under the Small Business Innovation Research Program or the
Small Business Technology Transfer Program (as defined under section
9(e) of the Small Business Act (15 U.S.C. 638(e)) that were not
followed with funding awards. The report shall include, for each such
selection--
(1) the name and contact information of the company
selected; and
(2) the reason the funding award did not follow the
selection.
SEC. 276. FUNDING FOR BACKPACKABLE COMMUNICATIONS INTELLIGENCE SYSTEM.
(a) Increase.--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, Army, as
specified in the corresponding funding table in section 4201, Network
C3I Technology, Line 17, for the Backpackable Communications
Intelligence System is hereby increased by $5,000,000.
(b) Offset.--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, Defense-wide, as specified
in the corresponding funding table in section 4301, for Admin & Srvwide
Activities, Line 360, Defense Personnel Accounting Agency is hereby
reduced by $5,000,000.
SEC. 277. FUNDING FOR ARMY UNIVERSITY AND INDUSTRY RESEARCH CENTERS.
(a) Increase.--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, and evaluation, Army, basic research,
university and industry research centers (PE 0601104A), line 004 is
hereby increased by $5,000,000.
(b) Offset.--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, Army, admin & servicewide activities, servicewide
communications, line 440 is hereby reduced by $5,000,000.
SEC. 278. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND MACHINE
LEARNING INITIATIVE OF THE ARMY.
It is the sense of Congress that--
(1) the additive manufacturing and machine learning
initiative of the Army has the potential to accelerate the
ability to deploy additive manufacturing capabilities in
expeditionary settings and strengthen the United States defense
industrial supply chain; and
(2) Congress and the Department of Defense should continue
to support the additive manufacturing and machine learning
initiative of the Army.
SEC. 279. TRAINEESHIPS FOR AMERICAN LEADERS TO EXCEL IN NATIONAL
TECHNOLOGY AND SCIENCE.
(a) In General.--The Secretary of Defense, acting through the Under
Secretary of Defense for Research and Engineering, shall establish a
traineeship program to expand Department of Defense access to domestic
scientific and technological talent in areas of strategic importance to
national security.
(b) Designation.--The traineeship program established under
subsection (a) shall be known as the ``Traineeships for American
Leaders to Excel in National Technology and Science'' or ``TALENTS
program'' (referred to in this section as the ``traineeship program'').
(c) Program Priorities.--The Secretary, in consultation with the
Defense Science Board and the Defense Innovation Board, shall determine
the multidisciplinary fields of study on which the traineeship program
will focus and, in making such determination, shall consider the core
modernization priorities derived from the most recent national defense
strategy provided under section 113(g) of title 10, United States Code.
(d) Participating Institutions.--The Secretary shall establish
partnerships with not fewer than ten eligible institutions selected by
the Secretary for the purposes of the program under subsection (a).
(e) Partnership Activities.--The activities conducted under the
partnerships under subsection (d) between an eligible institution and
the Department of Defense shall include--
(1) providing traineeships led by faculty for eligible
students described in subsection (h); and
(2) establishing scientific or technical internship
programs for such students.
(f) Preference in Selection of Institutions.--In establishing
partnerships under subsection (d), the Secretary shall consider--
(1) the relevance of the eligible institution's proposed
partnership to existing and anticipated strategic national
needs, as determined under subsection (c);
(2) the ability of the eligible institution to effectively
carry out the proposed partnership;
(3) the geographic location of an eligible institution as
it relates to the need of the Department of Defense to develop
specific workforce capacity and skills within a particular
region of the country;
(4) whether the eligible institution is a covered minority
institution;
(5) the extent to which the eligible institution's proposal
would--
(A) include students underrepresented in the fields
of science, technology, engineering, and mathematics;
or
(B) involve partnering with one or more covered
minority institutions; and
(6) the integration of internship opportunities into the
program provided by the eligible institution, including
internships with government laboratories, non-profit research
organizations, and for-profit commercial entities.
(g) Grants.--
(1) In general.--The Secretary may provide grants to
individuals who are eligible students described in subsection
(h) to--
(A) participate in activities under subsection (e);
(B) pay tuition, fees, and other costs associated
with participating in such activities;
(C) pay other costs associated with participating
in the traineeship program; and
(D) pay costs associated with other scientific or
technical internship or fellowship programs.
(2) Award totals.--The total amount of grants awarded to
individuals at an eligible institution under this section in
each fiscal year shall not exceed $1,000,000.
(3) Duration.--The duration of each grant under this
section shall not exceed 4 years.
(h) Eligible Students.--In order to receive any grant under this
section, a student shall--
(1) be a citizen or national of the United States or a
permanent resident of the United States;
(2) be enrolled or accepted for enrollment at an eligible
institution in a masters or doctoral degree program in a field
of study determined under subsection (c); and
(3) if the student is presently enrolled at an institution,
be maintaining satisfactory progress in the course of study the
student is pursuing in accordance section 484(c) of the Higher
Education Act of 1965 (20 U.S.C. 1091(c)).
(i) Preferential Federal Government Hiring.--The Secretary, in
coordination with the Director of the Office of Personnel Management,
shall develop and implement a process by which traineeship program
participants shall receive preferred consideration in hiring activities
conducted by the Department of Defense and each Department of Defense
Laboratory.
(j) Definitions.--In this section:
(1) The term ``eligible institution'' means an institution
of higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
(2) The term ``covered minority institution'' has the
meaning given the term ``covered institution'' in section
262(g)(2) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 2362 note).
(3) The term ``Department of Defense Laboratory'' means--
(A) a laboratory operated by the Department of
Defense or owned by the Department of Defense and
operated by a contractor; or
(B) a facility of a Defense Agency (as defined in
section 101(a) of title 10, United States Code) at
which research and development activities are
conducted.
SEC. 280. BRIEFING AND REPORT ON USE OF DISTRIBUTED LEDGER TECHNOLOGY
FOR DEFENSE PURPOSES.
(a) Briefing Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, Under Secretary of Defense for
Research and Engineering shall provide to the congressional
defense committees a briefing on the potential use of
distributed ledger technology for defense purposes.
(2) Elements.--This briefing under paragraph (1) shall
include--
(A) an explanation of how distributed ledger
technology may be used by the Department of Defense
to--
(i) improve cybersecurity, beginning at the
hardware level, of vulnerable assets such as
energy, water, and transport grids through
distributed versus centralized computing;
(ii) reduce single points of failure in
emergency and catastrophe decision-making by
subjecting decisions to consensus validation
through distributed ledger technologies;
(iii) improve the efficiency of defense
logistics and supply chain operations;
(iv) enhance the transparency of
procurement auditing; and
(v) allow innovations to be adapted by the
private sector for ancillary uses; and
(B) any other information that the Under Secretary
of Defense for Research and Engineering determines to
be appropriate.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall submit to the congressional
defense committees a report on the research, development, and
use of distributed ledger technologies for defense purposes.
(2) Elements.--The report under paragraph (1) shall
include--
(A) a summary of the key points from the briefing
provided under subsection (a);
(B) an analysis of activities that other countries,
including the People's Republic of China and the
Russian Federation, are carrying out with respect to
the research and development of distributed ledger
technologies, including estimates of the types and
amounts of resources directed by such countries to such
activities;
(C) recommendations identifying additional research
and development activities relating to distributed
ledger technologies that should be carried out by the
Department of Defense and cost estimates for such
activities; and
(D) an analysis of the potential benefits of--
(i) consolidating research on distributed
ledger technologies within the Department; and
(ii) developing within the Department a
single hub or center of excellence for research
on distributed ledger technologies; and
(E) any other information that the Under Secretary
of Defense for Research and Engineering determines to
be appropriate.
SEC. 281. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS TO
PROMOTE AND PROTECT THE NATIONAL SECURITY INNOVATION
BASE.
(a) Special Immigrant Status.--In accordance with the procedures
established under subsection (f)(1), and subject to subsection (c)(1),
the Secretary of Homeland Security may provide an alien described in
subsection (b) (and the spouse and children of the alien if
accompanying or following to join the alien) with the status of a
special immigrant under section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
(1) submits a classification petition under section
204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence.
(b) Aliens Described.--An alien is described in this subsection
if--
(1) the alien--
(A) is employed by a United States employer and
engaged in work to promote and protect the National
Security Innovation Base;
(B) is engaged in basic or applied research, funded
by the Department of Defense, through a United States
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); or
(C) possesses scientific or technical expertise
that will advance the development of critical
technologies identified in the National Defense
Strategy or the National Defense Science and Technology
Strategy, required by section 218 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1679 ); and
(2) the Secretary of Defense issues a written statement to
the Secretary of Homeland Security confirming that the
admission of the alien is essential to advancing the research,
development, testing, or evaluation of critical technologies
described in paragraph (1)(C) or otherwise serves national
security interests.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section may
not exceed--
(A) 10 in each of fiscal years 2021 through 2030;
and
(B) 100 in fiscal year 2031 and each fiscal year
thereafter.
(2) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this section shall not be
counted against the numerical limitations under sections
201(d), 202(a), and 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b(4)).
(d) Defense Competition for Scientists and Technical Experts.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall develop and implement a process to select,
on a competitive basis from among individuals described in section (b),
individuals for recommendation to the Secretary of Homeland Security
for special immigrant status described in subsection (a).
(e) Authorities.--In carrying out this section, the Secretary of
Defense shall authorize appropriate personnel of the Department of
Defense to use all personnel and management authorities available to
the Department, including the personnel and management authorities
provided to the science and technology reinvention laboratories, the
Major Range and Test Facility Base (as defined in 196(i) of title 10,
United States Code), and the Defense Advanced Research Projects Agency.
(f) Procedures.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security and Secretary
of Defense shall jointly establish policies and procedures implementing
the provisions in this section, which shall include procedures for--
(1) processing of petitions for classification submitted
under subsection (a)(1) and applications for an immigrant visa
or adjustment of status, as applicable; and
(2) thorough processing of any required security
clearances.
(g) Fees.--The Secretary of Homeland Security shall establish a fee
to--
(1) be charged and collected to process an application
filed under this section; and
(2) that is set at a level that will ensure recovery of the
full costs of such processing and any additional costs
associated with the administration of the fees collected.
(h) Implementation Report Required.--Not later than 360 days after
the date of the enactment of this Act, the Secretary of Homeland
Security and Secretary of Defense shall jointly submit to the
appropriate congressional committees a report that includes--
(1) a plan for implementing the authorities provided under
this section; and
(2) identification of any additional authorities that may
be required to assist the Secretaries in fully implementing
section.
(i) Program Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the United
States shall conduct an evaluation of the competitive program
and special immigrant program described in subsections (a)
through (g).
(2) Report.--Not later than October 1, 2025, the
Comptroller General shall submit to the appropriate
congressional committees a report on the results of the
evaluation conducted under paragraph (1).
(j) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on the Judiciary of the Senate.
(2) The term ``National Security Innovation Base'' means
the network of persons and organizations, including Federal
agencies, institutions of higher education, federally funded
research and development centers, defense industrial base
entities, nonprofit organizations, commercial entities, and
venture capital firms that are engaged in the military and non-
military research, development, funding, and production of
innovative technologies that support the national security of
the United States.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
SEC. 302. FUNDING FOR ARMY COMMUNITY SERVICES.
(a) Increase.--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 for Army base operations
support, line 100, as specified in the corresponding funding table in
section 4301, for Army Community Services is hereby increased by
$30,000,000.
(b) Offset.--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, for Army Force Readiness
Operations Support, line 070, as specified in the corresponding funding
table in section 4301, is hereby reduced by $15,000,000.
(c) Offset.--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, for Army Land Forces
Operations Support, as specified in the corresponding funding table in
section 4301, line 050, is hereby reduced by $15,000,000.
SEC. 303. INCREASE IN FUNDING FOR AIR FORCE RESERVE CONTRACTOR SYSTEMS
SUPPORT.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, Defense-wide Operating Forces, as specified
in the corresponding funding table in section 4301, for Special
Operations Command maintenance, Line 70, is hereby increased by
$22,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, Air Force Operating Forces, as specified in
the corresponding funding table in section 4301, Administration and
Service-Wide Activities, Line 400, is hereby reduced by $22,000,000.
Subtitle B--Energy and Environment
SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE
FOR REVIEW OF MISSION OBSTRUCTIONS.
Section 183a(c) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) If, after issuing the notices of presumed risk required by
paragraphs (2) and (3), the Secretary of Defense later concludes for
any reason that the energy project will not have an adverse impact on
military readiness, the Clearinghouse shall notify the applicant and
the governor in writing of that conclusion.''; and
(3) in paragraph (7), as so redesignated, by striking ``Any
setback for a project pursuant to the previous sentence shall
not be more than what is determined to be necessary by a
technical analysis conducted by the Lincoln Laboratory at the
Massachusetts Institute of Technology or any successor
entity.''.
SEC. 312. MILITARY AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE
FOR REVIEW OF MISSION OBSTRUCTIONS.
Section 183a(c) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) If, after issuing the notices of presumed risk required by
paragraphs (2) and (3), the Secretary of Defense later concludes for
any reason that the energy project will not have an adverse impact on
military readiness, the Clearinghouse shall notify the applicant and
the governor in writing of that conclusion.''.
SEC. 313. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON
MILITARY TRAINING, TESTING, AND OPERATIONS.
Section 2684a of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``An agreement under
this section may be entered into with'' and inserting ``For
purposes of this section, the term `eligible entity' means'';
and
(2) in subsection (d)(1)(A), by striking ``the entity'' and
inserting ``the eligible entity''.
SEC. 314. MODIFICATION OF DEPARTMENT OF DEFENSE ENVIRONMENTAL
RESTORATION AUTHORITIES TO INCLUDE FEDERAL GOVERNMENT
FACILITIES USED BY NATIONAL GUARD.
Section 2707(e) of title 10, United States Code, as added by
section 316 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92, is amended--
(1) by inserting ``where military activities are conducted
by the state National Guard under title 32,'' after
``facility''; and
(2) by adding at the end the following new sentence: ``The
Secretary concerned may also utilize the authority in section
2701(d) of this title for these environmental restoration
projects.''.
SEC. 315. INCREASED TRANSPARENCY THROUGH REPORTING ON USAGE AND SPILLS
OF AQUEOUS FILM-FORMING FOAM AT MILITARY INSTALLATIONS.
(a) In General.--Chapter 160 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2712. Reporting on usage and spills of aqueous film-forming foam
``(a) In General.--Not later than 48 hours after the Deputy
Assistant Secretary of Defense for Environment receives notice of the
usage or spill of aqueous film-forming foam, either as concentrate or
mixed foam, at any military installation, the Deputy Assistant
Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives notice of such usage or spill. Each
such notice shall include each of the following:
``(1) The name of the installation where the usage or spill
occurred.
``(2) The date on which the usage or spill occurred.
``(3) The amount, type, and specified concentration of
aqueous film-forming foam that was used or spilled.
``(4) The cause of the usage or spill.
``(5) A summary narrative of the usage or spill.
``(6) A description of what actions have been taken to
arrest and clean up the spill.
``(7) A description of coordination with relevant local and
State authorities and environmental protection agencies.
``(b) Action Plan.--Not later than 30 days after submitting notice
of a usage or spill under subsection (a), the Deputy Assistant
Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives an action plan for addressing such
usage or spill.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2712. Reporting on usage and spills of aqueous film-forming foam.''.
SEC. 316. REPLACEMENT OF NON-TACTICAL MOTOR VEHICLES AT THE END OF
SERVICE LIFE WITH ELECTRIC OR HYBRID MOTOR VEHICLES.
Section 2922g of title 10, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) End of Life Replacement.--Upon the end of the lease or
service life of a motor vehicle, the Secretary of the military
department or the head of the Defense Agency shall, to the maximum
extent possible, replace such motor vehicle with a motor vehicle that
uses an electric or hybrid propulsion system, including a plug-in
hybrid system.'';
(3) in subsection (c), as so redesignated, by striking
``Subsection (a) does not'' and inserting ``Subsections (a) and
(b) do not'';
(4) in subsection (d), as so redesignated, by striking
``The preference required by subsection (a) does not'' and
inserting ``The preference under subsection (a) and the
requirement under subsection (b) do not''; and
(5) by inserting after subsection (d) the following new
subsection:
``(e) Inclusion of Off-Road Vehicles.--In this section, the term
`motor vehicle' includes off-road vehicles, including construction or
agricultural equipment.''.
SEC. 317. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO OPERATIONAL
ENERGY IMPROVEMENT.
The Secretary of Defense shall include in the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, a dedicated budget line item for fielding operational
energy improvements, including such improvements for which funds from
the Operational Energy Capability Improvement Fund have been expended
to create the operational and business case for broader employment.
SEC. 318. ASSESSMENT OF DEPARTMENT OF DEFENSE OPERATIONAL ENERGY USAGE.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into an
agreement with a federally funded research and development center with
relevant expertise under which such center shall conduct an assessment
of Department of Defense operational energy usage, including an agency-
wide view and breakdowns of progress by service branch.
(b) Elements.--The assessment required under subsection (a) shall
include--
(1) an analysis of the extent to which the Department of
Defense developed an integrated operational energy strategy and
the extent to which each of the military departments has
implemented such strategy;
(2) an analysis of the viability of implementing net zero
initiatives or meeting net zero goals within the operational
energy enterprise without negatively impacting mission
capability;
(3) an analysis of fossil fuel reduction regimes that may
maximize reduction of reliance on fossil fuels, including
impacts of lowering the reliance on fossil fuels, decreasing
the need for refueling convoys, overcoming the tyranny of
distance within United States Indo-Pacific Command through
hybrid or other fuel efficient propulsion systems, and energy
production, storage, and distribution systems that enhance
logistics supply chain resiliency;
(4) a description of the options for achieving fossil fuel
reduction benchmarks with respect to operational energy of 25
percent, 50 percent, 75 percent, and 100 percent, using fiscal
year 2020 as the benchmark, including anticipated funding
requirements, statutory requirements, infrastructure needs, and
timeframes; and
(5) an analysis of the integration between energy offices
with program offices, budget, and operational planners within
the Department of Defense and military departments, and
recommendations for improving coordination.
(c) Form of Report.--The report required under this section shall
be submitted in unclassified form, but may contain a classified annex.
SEC. 319. IMPROVEMENT OF THE OPERATIONAL ENERGY CAPABILITY IMPROVEMENT
FUND OF THE DEPARTMENT OF DEFENSE.
(a) Management of the Operational Energy Capability Improvement
Fund.--The Under Secretary of Defense for Acquisition and Sustainment
shall exercise authority, direction, and control over the Operational
Energy Capability Improvement Fund of the Department of Defense (in
this section referred to as the ``OECIF'').
(b) Alignment and Coordination With Related Programs.--
(1) Realignment of oecif.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense
shall realign the OECIF under the Assistant Secretary of
Defense for Sustainment, with such realignment to include
personnel positions adequate for the mission of the OECIF.
(2) Better coordination with related programs.--The
Assistant Secretary shall ensure that this placement
facilitates better alignment between OECIF, the Strategic
Environmental Research Program, the Environmental Security
Technology Certification Program, and the Operational Energy
Prototyping Program is utilized to advance common goals of the
Department, promote organizational synergies, and avoid
unnecessary duplication of effort.
(c) Program for Operational Energy Prototyping.--
(1) In general.--Commencing not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense, through the Under Secretary of Defense for Acquisition
and Sustainment, shall carry out a program for the
demonstration of technologies related to operational energy
prototyping, including demonstration of operational energy
technology and validation prototyping.
(2) Operation of program.--The Secretary shall ensure that
the program under paragraph (1) operates in conjunction with
the OECIF to promote the transfer of innovative technologies
that have successfully established proof of concept for use in
production or in the field.
(3) Program elements.--In carrying out the program under
paragraph (1) the Secretary shall--
(A) identify and demonstrate the most promising,
innovative, and cost-effective technologies and methods
that address high-priority operational energy
requirements of the Department of Defense;
(B) in conducting demonstrations under subparagraph
(A), the Secretary shall--
(i) collect cost and performance data to
overcome barriers against employing an
innovative technology because of concerns
regarding technical or programmatic risk; and
(ii) ensure that components of the
Department have time to establish new
requirements where necessary and plan, program,
and budget for technology transition to
programs of record;
(C) utilize project structures similar to those of
the OECIF to ensure transparency and accountability
throughout the efforts conducted under the program; and
(D) give priority, in conjunction with the OECIF,
to the development and fielding of clean technologies
that reduce reliance on fossil fuels.
(4) Tool for accountability and transition.--
(A) In general.--In carrying out the program under
paragraph (1), the Secretary shall develop and utilize
a tool to track relevant investments in operational
energy from applied research to transition to use to
ensure user organizations have the full picture of
technology maturation and development.
(B) Transition.--The tool developed and utilized
under subparagraph (A) shall be designed to overcome
transition challenges with rigorous and well-documented
demonstrations that provide the information needed by
all stakeholders for acceptance of the technology.
SEC. 320. FIVE-YEAR REVIEWS OF CONTAINMENT TECHNOLOGIES RELATING TO RED
HILL BULK FUEL STORAGE FACILITY.
(a) Reviews.--
(1) Reviews required.--At least once every 5 years, the
Secretary of the Navy shall conduct a review of available
technologies relating to the containment of fuel to determine
whether any such technology may be used to improve the
containment of fuel with respect to storage tanks located at
the Red Hill Bulk Fuel Storage Facility, Hawaii.
(2) Deadline for initial review.--The Secretary shall begin
the first review under paragraph (1) by not later than the date
that is 1 year after the date of the enactment of this Act.
(b) Briefings.--Not later than 60 days after the date on which a
review conducted under subsection (a) is completed, the Secretary shall
provide to the congressional defense committees a briefing on--
(1) any technology identified in such review that the
Secretary determines may be used to improve the containment of
fuel with respect to storage tanks located at the Red Hill Bulk
Fuel Storage Facility; and
(2) the feasibility and cost of implementing any such
technology at the Red Hill Bulk Fuel Storage Facility.
(c) Termination.--The requirements to conduct reviews under
subsection (a) and provide briefings under subsection (b) shall
terminate on the date on which the Red Hill Bulk Fuel Storage Facility
ceases operation, as determined by the Secretary of the Navy.
SEC. 321. LIMITATION ON USE OF FUNDS FOR ACQUISITION OF FURNISHED
ENERGY FOR RHINE ORDNANCE BARRACKS ARMY MEDICAL CENTER.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2021 may be used to enter into a contract for the acquisition of
furnished energy for the new Rhine Ordnance Barracks Army Medical
Center (hereafter referred to as the ``Medical Center'') before the
date on which Secretary of Defense submits to the congressional defense
committees a written certification that the Medical Center does not use
any energy sourced from inside the Russian Federation as a means of
generating the furnished energy.
SEC. 322. REQUIREMENT TO UPDATE DEPARTMENT OF DEFENSE CLIMATE CHANGE
ROADMAP.
(a) In General.--Not later than February 1, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives an update to the Department of Defense
2014 Climate Change Adaptation Roadmap. Such update shall include an
outline of the strategy and implementation plan of the Department to
address the current and foreseeable effects of climate change on the
mission of the Department of Defense.
(b) Elements of Strategy and Implementation Plan.--The strategy and
implementation plan required to be included in the update under
subsection (a) shall include--
(1) a description of the overarching approach of the
Department to climate adaptation and climate mitigation
measures;
(2) a discussion of the current and foreseeable effects of
climate change on--
(A) plans and operations, including--
(i) military readiness;
(ii) increased frequency of extreme weather
events, including flooding, drought,
desertification, wildfires, thawing permafrost,
hurricanes, and extreme heat;
(iii) conflicts or disputes, emerging
threats, and instability caused or exacerbated
by climate change, including tensions related
to drought, famine, infectious disease,
geoengineering, energy transitions, extreme
weather, migration, and competition for scarce
resources;
(iv) increased demand for Defense Support
for Civil Authorities and disaster or
humanitarian relief operations;
(v) the operating environment of the Arctic
and of the strategic and geopolitical
implications of a progressively more ice-free
Arctic Ocean; and
(vi) alteration or limitation on operation
environments;
(B) training and testing, including--
(i) changes in land carrying capacity;
(ii) increased maintenance and repair
requirements for equipment and infrastructure;
(iii) health of military personnel,
including mitigation of infectious diseases,
heat stress and heat-related illnesses
resulting from increasing temperatures;
(iv) increased dust generation, air
pollution, and fire hazards; and
(v) maintaining testing and training
capacity to support increased operations and
civil support missions;
(C) built and natural infrastructure, including--
(i) military installation resilience, as
such term is defined in section 101(e)(8) of
title 10, United States Code, of installations
both within and outside the United States and
its possessions and territories and of the
State-owned National Guard installations of the
several States;
(ii) resilience of the air and sea ports of
our allies and partners that are critical to
the training, deployment, and operations of the
armed forces of the United States and its
allies and partners;
(iii) resilience of the deployment system
and structure of the Department of Defense and
of the United States, including the strategic
highway network, the strategic rail network,
and designated strategic air and sea ports;
(iv) best practices for modeling and
mitigating risks posed to military
installations by increased inundation, erosion,
flood, wind, and fire damage;
(v) changing energy demand at military
installations to include heating and cooling,
particularly in communities experiencing grid
stress;
(vi) disruption and competition for
reliable energy and water resources;
(vii) geoengineering and energy
transitions;
(viii) increased maintenance and
sustainment costs;
(ix) damage to natural and constructed
infrastructure from thawing permafrost and sea
ice; and
(x) the effects of climate stress on
community support infrastructure, including
roads, transportation hubs, and medical
facilities;
(D) acquisition and supply chain, including--
(i) measures to ensure that the current and
projected future scale and impacts of climate
change are fully considered in the research,
development, testing, and acquisition of major
weapon systems and of associated supplies and
equipment;
(ii) required alterations of stockpiles;
(iii) reduced or changed availability and
access to materials, equipment, and supplies,
including water and food sources;
(iv) disruptions in fuel availability and
distribution;
(v) estimated climate security investments
required to address foreseeable costs incurred
or influenced by climate change for each of the
lines of effort in this report, including
extreme weather response, over the next 5, 10,
and 20 years, with topline estimates and a
qualitative discussion of cost drivers for
each; and
(vi) equipment and infrastructure
investments required to address a changing
Arctic environment; and
(E) such other matters as the Secretary determines
appropriate; and
(3) a list of the ten most concerning existing or emerging
conflicts or threats that pose a risk to the security of the
United States that may be exacerbated by climate change.
(c) Assessments and Projections of the Scope and Scale of Climate
Change.--In preparing the update to the climate change roadmap as
required under subsection (a), the Secretary shall consider--
(1) climate projections from the Global Change Research
Office, National Climate Assessment, the National Oceanic and
Atmospheric Administration, and other Federal agencies; and
(2) data on, and analysis of, the national security effects
of climate prepared by the Climate Security Advisory Council of
the Office of the Director of National Intelligence established
pursuant to section 120 of the National Security Act of 1947
(50 U.S.C. 3060) and by other elements of the intelligence
community.
(d) Form.--The update to the climate change roadmap required under
subsection (a) shall be submitted in an unclassified form, but may
contain a classified annex. If the Secretary determines that the
inclusion of a classified annex is necessary, the Secretary shall
conduct an in-person briefing for Members of the Committees on Armed
Services of the Senate and House of Representatives by not later than
90 days after date of the submission of the update.
SEC. 323. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
INSTALLATION ENERGY.
(a) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the progress of the Department of
Defense toward reaching net zero goals, including an agency-wide view
and breakdowns of progress by service branch.
(b) Contents of Report.--The report required under subsection (a)
shall include--
(1) an analysis of the extent to which the Department of
Defense has implemented net zero initiatives to date and
developed a forward-looking integrated net zero strategy for
energy, emissions, water, and waste management and the extent
to which each of the military departments has implemented such
strategy;
(2) a description of the current challenges to implementing
net zero initiatives or meeting net zero goals and the degree
to which the Department of Defense and the military departments
have addressed applied lessons learned;
(3) a cost-benefit analysis of net zero initiatives,
including a description of how such costs and benefits are
identified, tracked, and validated;
(4) a description of the feasibility of achieving net zero
benchmarks of 25 percent, 50 percent, 75 percent, and 100
percent of the energy, emissions, water, and waste management
levels for 2020, including anticipated funding requirements,
statutory requirements, infrastructure needs, and timeframes;
and
(5) an analysis of the integration between energy offices
with program offices, budget, and operational planners within
the Department of Defense and military departments across the
enterprise, and recommendations for improving coordination.
(c) Form of Report.--The report required under this section shall
be submitted in unclassified form, but may contain a classified annex.
SEC. 324. DEPARTMENT OF DEFENSE REPORT ON EMISSIONS LEVELS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Department of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives and to the Comptroller General a report on the total
level of emissions for each of the last 10 fiscal years. Such emissions
levels shall include the agency-wide total, breakdowns by military
department, and delineations between installation and operational
emissions.
(b) Form of Report.--The report required under this section shall
be submitted in unclassified form, but may contain a classified annex.
SEC. 325. OBJECTIVES, PERFORMANCE STANDARDS, AND CRITERIA FOR USE OF
WILDLIFE CONSERVATION BANKING PROGRAMS.
(a) In General.--To ensure opportunities for Department of Defense
participation in wildlife conservation banking programs pursuant to
section 2694c of title 10, United States Code, the Secretary of the
Interior, acting through the Director of the United States Fish and
Wildlife Service, shall issue regulations of general applicability
establishing objectives, measurable performance standards, and criteria
for use, consistent with the Endangered Species Act (16 U.S.C. 1531 et
seq.), for mitigation banking offsetting effects on a species, or
habitat of such species, that is endangered, threatened, a candidate
for listing, or otherwise at risk under such Act. To the maximum extent
practicable, the regulatory standards and criteria shall maximize
available credits and opportunities for mitigation, provide flexibility
for characteristics of various species, and apply equivalent standards
and criteria to all mitigation banks.
(b) Deadline for Regulations.--The Secretary of the Interior,
acting through the Director of the United States Fish and Wildlife
Service, shall publish an advance notice of proposed rulemaking for the
regulations required by subsection (a) by not later than 1 year after
the date of the enactment of this Act.
SEC. 326. OFFSHORE WIND ENERGY DEVELOPMENT, MORRO BAY, CALIFORNIA.
(a) Findings.--Congress makes the following findings:
(1) Since 2016, the Department of Defense and Department of
the Navy have been working with State and Federal stakeholders
to determine whether a commercial lease for the development of
renewable energy off the coast of Morro Bay, California could
be developed in a manner that is compatible with the training
and readiness requirements of the Department of Defense.
(2) Military readiness and the ability to conduct realistic
training are critical to our national security; however, energy
security and other ocean uses are also important. These
interests should be balanced to the extent practicable when
analyzing offshore energy proposals.
(3) In August 2019, Members of Congress, the Assistant
Secretary of Defense for Sustainment, senior officials from
other Federal agencies, and state and local elected
representatives met to discuss a path forward to accommodate
wind energy development off the Central Coast of California
while ensuring the Department of Defense was able to continue
meeting its testing, training, and operational requirements.
(4) Following the initial meeting in August 2019, the
stakeholder group continued meeting at roughly monthly
intervals through 2019 and into 2020 to discuss options and
work towards a mutually agreeable solution for renewable energy
development and continued military testing, training, and
operational requirements off the Central Coast of California.
(5) In May 2020, the Assistant Secretary of the Navy for
Energy, Installations, and Environment notified stakeholders
that despite the previous year of negotiations, it was his view
any wind energy developments off the Central Coast of
California may not be viewed as being compatible with military
activities. This unilateral decision was made abruptly, without
providing any supporting analysis or acknowledgment of the
progress and commitments made during previous negotiations, and
was not in the spirit of cooperation and collaboration that had
driven the previous 9 months of stakeholder engagements.
(6) Stakeholder confidence in the Department of Defense
review process is paramount. Abrupt and unilateral changes of
course erode confidence and undermine the State, local, and
industry trust in a fair, transparent, and predictable
adjudication of potential conflicts.
(7) In early 2019, in order to create continuity between
the offshore and terrestrial processes, the Department of
Defense consolidated its review of proposed energy development
projects so that offshore energy proposals were now included in
the Military Aviation and Installation Assurance Clearinghouse
(the Clearinghouse). The Clearinghouse has a proven record for
reviewing proposed energy development projects through a fair
and transparent process. The Morro Bay proposal pre-dates this
consolidation but underwent a similar Department of Defense led
compatibility review.
(8) Congress has generally supported the transparent and
fair Clearinghouse review process, as well as all efforts
between the Department of Defense and other stakeholders to
reach solutions that allow for the development of energy
projects in a manner that is compatible with military testing,
training, and operational requirements.
(9) Legislating a solution to a specific energy development
proposal should only be reserved for rare occasions. Due to
Navy's abrupt and unilateral decision to walk away from
productive negotiations, after months of good-faith efforts by
other stakeholders and public engagement, the threshold for
congressional intervention has been reached.
(b) Responsibility.--All interaction on behalf of the Department of
the Navy with the California Energy Commission, Federal agencies, State
and local governments, and potential energy developers regarding
proposed offshore wind energy off the central coast of California shall
be performed through the Office of the Under Secretary of Defense for
Acquisition and Sustainment.
(c) Briefing Requirement; Limitation.--
(1) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services and the Committee
on Natural Resources of the House of Representatives a briefing
on status of the review by the Offshore Energy Working Group of
the request to locate at least two offshore wind lease areas
proximate to and within the Morro Bay Call Area. Such briefing
shall include--
(A) a detailed map that shows any areas identified;
(B) proposed mitigations that would enable
compatible development in the areas identified;
(C) any unresolved issues; and
(D) any other terms of the agreement reached with
the California Energy Commission, other Federal
agencies, State and local governments, and potential
energy developers.
(2) Limitation.--The Secretary of Defense may not issue a
final offshore wind assessment that proposes wind exclusion
areas and may not object to an offshore energy project in the
Central Coast of California that has filed for review by the
Military Aviation and Installation Assurance Clearinghouse
until the Secretary provides the briefing required under
paragraph (1).
(d) Limitation on Use of Funds.--Of the amounts authorized to be
appropriated by this Act or otherwise made available for the Department
of Defense for fiscal year 2021, not more than 75 percent may be
obligated or expended for the Office of the Assistant Secretary of the
Navy for Energy, Installations, and Environment until the date that is
30 days after the date on which the briefing required under subsection
(c)(1) is provided.
SEC. 327. LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT PROGRAM.
(a) Establishment of Initiative.--Not later than January 15, 2021,
the Director of the Environmental Security Technology Certification
Program of the Department of Defense (hereinafter in this section
referred to as the ``Director'') may establish a demonstration
initiative composed of demonstration projects focused on the
development of long-duration energy storage technologies.
(b) Selection of Projects.--To the maximum extent practicable, in
selecting demonstration projects to participate in the demonstration
initiative under subsection (a), the Director may--
(1) ensure a range of technology types;
(2) ensure regional diversity among projects; and
(3) consider bulk power level, distribution power level,
behind-the-meter, microgrid (grid-connected or islanded mode),
and off-grid applications.
(c) Joint Program.--
(1) Establishment.--As part of the demonstration initiative
under subsection (a), the Director, in consultation with the
Secretary of Energy, may establish within the Department of
Defense a joint program to carry out projects--
(A) to demonstrate promising long-duration energy
storage technologies at different scales to promote
energy resiliency; and
(B) to help new, innovative long-duration energy
storage technologies become commercially viable.
(2) Memorandum of understanding.--Not later than 200 days
after the date of enactment of this Act, the Director may enter
into a memorandum of understanding with the Secretary of Energy
to administer the joint program.
(3) Infrastructure.--In carrying out the joint program, the
Director and the Secretary of Energy may--
(A) use existing test-bed infrastructure at--
(i) installations of the Department of
Defense; and
(ii) facilities of the Department of
Energy; and
(B) develop new infrastructure for identified
projects, if appropriate.
(4) Goals and metrics.--The Director and the Secretary of
Energy may develop goals and metrics for technological progress
under the joint program consistent with energy resilience and
energy security policies.
(5) Selection of projects.--
(A) In general.--To the maximum extent practicable,
in selecting projects to participate in the joint
program, the Director and the Secretary of Energy may--
(i) ensure that projects are carried out
under conditions that represent a variety of
environments with different physical conditions
and market constraints; and
(ii) ensure an appropriate balance of--
(I) larger, operationally-scaled
projects, adapting commercially-proven
technology that meets military service
defined requirements; and
(II) smaller, lower-cost projects.
(B) Priority.--In carrying out the joint program,
the Director and the Secretary of Energy may give
priority to demonstration projects that--
(i) make available to the public project
information that will accelerate deployment of
long-duration energy storage technologies that
promote energy resiliency; and
(ii) will be carried out as field
demonstrations fully integrated into the
installation grid at an operational scale.
SEC. 328. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING FIRE-FIGHTING
AGENT.
(a) Authority.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Sustainment and the Strategic
Environmental Research and Development Program, may carry out a program
to award cash prizes and other types of prizes that the Secretary
determines are appropriate to recognize outstanding achievements in the
development of a non-PFAS-containing fire-fighting agent to replace
aqueous film-forming foam with the potential for application to the
performance of the military missions of the Department of Defense.
(b) Competition Requirements.--A program under subsection (a) shall
use a competitive process for the selection of recipients of cash
prizes. The process shall include the widely-advertised solicitation of
submissions of research results, technology developments, and
prototypes.
(c) Limitations.--The following limitations shall apply to a
program under subsection (a):
(1) No prize competition may result in the award of a prize
with a fair market value of more than $5,000,000.
(2) No prize competition may result in the award of more
than $1,000,000 in cash prizes without the approval of the
Assistant Secretary of Defense for Sustainment.
(3) No prize competition may result in the award of a
solely nonmonetary prize with a fair market value of more than
$10,000 without the approval of the Assistant Secretary of
Defense for Sustainment.
(d) Relationship to Other Authority.--A program under subsection
(a) may be carried out in conjunction with or in addition to the
exercise of any other authority of the Department of Defense.
(e) Use of Prize Authority.--Use of prize authority under this
section shall be considered the use of competitive procedures for the
purposes of section 2304 of title 10, United States Code.
(f) PFAS.--In this section, the term ``PFAS'' means--
(1) man-made chemicals of which all of the carbon atoms are
fully fluorinated carbon atoms; and
(2) man-made chemicals containing a mix of fully
fluorinated carbon atoms, partially fluorinated carbon atoms,
and nonfluorinated carbon atoms.
(g) Termination.--The authority to carry out a program under this
section shall terminate on October 1, 2024.
SEC. 329. SURVEY OF TECHNOLOGIES FOR DEPARTMENT OF DEFENSE APPLICATION
IN PHASING OUT THE USE OF FLUORINATED AQUEOUS FILM-
FORMING FOAM.
(a) Survey of Technologies.--The Secretary of Defense shall conduct
a survey of relevant technologies, other than fire-fighting agent
solutions, to determine whether any such technologies are available and
can be adapted for use by the Department of Defense to facilitate the
phase-out of fluorinated aqueous film-forming foam. The technologies
surveyed under this subsection shall include hangar flooring systems,
fire-fighting agent delivery systems, containment systems, and other
relevant technologies the Secretary determines appropriate.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the congressional defense
committees a report on the results of the survey conducted under
subsection (a). Such report shall include--
(1) a description of the technologies included in the
survey;
(2) a list of the technologies that were considered for
further testing or analysis; and
(3) any technologies that are undergoing additional
analysis for possible application within the Department.
SEC. 330. INTERAGENCY BODY ON RESEARCH RELATED TO PER- AND
POLYFLUOROALKYL SUBSTANCES.
(a) Establishment.--The Director of the Office of Science and
Technology Policy, acting through the National Science and Technology
Council, shall establish an interagency working group to coordinate
Federal activities to advance research and development needed to
address PFAS.
(b) Agency Participation.--The interagency working group shall
include a representative of each--
(1) the Environmental Protection Agency;
(2) the National Institute of Environmental Health
Sciences;
(3) the Agency for Toxic Substances and Disease Registry;
(4) the National Science Foundation;
(5) the Department of Defense;
(6) the National Institutes of Health;
(7) the National Institute of Standards and Technology;
(8) the National Oceanic and Atmospheric Administration;
(9) the Department of the Interior;
(10) the Department of Transportation;
(11) the Department of Homeland Security;
(12) the National Aeronautics and Space Administration;
(13) the National Toxicology Program;
(14) the Department of Agriculture;
(15) the Geological Survey;
(16) the Department of Commerce;
(17) the Department of Energy;
(18) the Office of Information and Regulatory Affairs;
(19) the Office of Management and Budget; and
(20) any such other Federal department or agency as the
President considers appropriate.
(c) Co-Chairs.--The Interagency working group shall be co-chaired
by the Director of the Office of Science and Technology Policy and, on
an annual rotating basis, a representative from a Member agency, as
selected by the Director of the Office of Science and Technology
Policy.
(d) Responsibilities of the Working Group.--The interagency working
group established under subsection (a) shall--
(1) provide for interagency coordination of Federally
funded PFAS research and development; and
(2) not later than 12 months after the date of enactment of
this Act, develop a strategic plan for Federal support for PFAS
research and development (to be updated not less than every 2
years) that--
(A) identifies all current Federally funded PFAS
research and development, including the nature and
scope of such research and development and the amount
of funding associated with such research and
development during the current fiscal year,
disaggregated by agency;
(B) identifies scientific and technological
challenges that must be addressed to understand and to
significantly reduce the environmental and human health
impacts of PFAS and to identify cost-effective--
(i) alternatives to PFAS that are designed
to be safer and more environmentally friendly;
(ii) methods for removal of PFAS from the
environment; and
(iii) methods to safely destroy or degrade
PFAS;
(C) establishes goals, priorities, and metrics for
Federally funded PFAS research and development that
takes into account the current state of research and
development identified in paragraph (A) and the
challenges identified in paragraph (B); and
(D) an implementation plan for Federal agencies.
(e) Consultation.--In developing the strategic plan under
subsection (d), the interagency working group shall consult with
states, tribes, territories, local governments, appropriate industries,
academic institutions and nongovernmental organizations with expertise
in PFAS research and development, treatment, management, and
alternative development.
(f) Annual Report.--For each fiscal year beginning with fiscal year
2022, not later than 90 days after submission of the President's annual
budget request for such fiscal year, the Interagency working group
shall prepare and submit to Congress a report that includes--
(1) a summary of Federally funded PFAS research and
development for such fiscal year and the preceding fiscal year,
including a disaggregation of spending for each participating
Federal agency; and
(2) a description of how Federal agencies are implementing
the strategic plan described in subsection (d).
(g) PFAS Research and Development.--The term ``PFAS research and
development'' includes any research or project that has the goal of
accomplishing the following:
(1) The removal of PFAS from the environment.
(2) The safe destruction or degradation of PFAS.
(3) The development and deployment of safer and more
environmentally friendly alternative substances that are
functionally similar to those made with PFAS.
(4) The understanding of sources of environmental PFAS
contamination and pathways to exposure for the public.
(5) The understanding of the toxicity of PFAS to humans and
animals.
SEC. 331. RESTRICTION ON PROCUREMENT BY DEFENSE LOGISTICS AGENCY OF
CERTAIN ITEMS CONTAINING PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES.
(a) Prohibition.--The Director of the Defense Logistics Agency may
not procure any covered item containing a perfluoroalkyl substance or
polyfluoroalkyl substance.
(b) Definitions.--In this section:
(1) The term ``covered item'' means--
(A) non-stick cookware or food service ware for use
in galleys or dining facilities;
(B) food packaging materials;
(C) furniture or floor waxes;
(D) carpeting, rugs, or upholstered furniture;
(E) personal care items;
(F) dental floss; and
(G) sunscreen.
(2) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(3) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
(c) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 332. STANDARDS FOR REMOVAL OR REMEDIAL ACTIONS WITH RESPECT TO
PFOS OR PFOA CONTAMINATION.
(a) In General.--In conducting removal or remedial actions pursuant
to the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or section 332 of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92) of PFOS or PFOA contamination from Department of Defense or
National Guard activities found in drinking water or in groundwater
that is not currently used for drinking water, the Secretary of Defense
shall ensure that such actions result in a level that meets or exceeds
the most stringent of the following standards for PFOS or PFOA in any
environmental media:
(1) An enforceable State standard, in effect in that State,
for drinking, surface, or ground water, as described in section
121(d)(2)(A)(ii) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(ii)).
(2) An enforceable Federal standard for drinking, surface,
or ground water, as described in section 121(d)(2)(A)(i) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).
(3) A health advisory under section 1412(b)(1)(F) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
(b) Definitions.--In this section:
(1) The term ``PFOA'' means perfluorooctanoic acid.
(2) The term ``PFOS'' means perfluorooctane sulfonate.
(3) The terms ``removal'' and ``remedial action'' have the
meanings given those terms in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(c) Savings Clause.--Except with respect to the specific level
required to be met under subsection (a), nothing in this section
affects the application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607).
SEC. 333. RESEARCH AND DEVELOPMENT OF ALTERNATIVE TO AQUEOUS FILM-
FORMING FOAM.
(a) In General.--The Secretary of Defense, acting through the
National Institute of Standards and Technology and in consultation with
appropriate stakeholders and manufactures, research institutions, and
other Federal agencies shall award grants and carry out other
activities to--
(1) promote and advance the research and development of
additional alternatives to aqueous film-forming foam (in this
section referred to as ``AFFF'') containing per- and
polyfluoroalkyl substances (in this section referred to as
``PFAS'') to facilitate the development of a military
specification and subsequent fielding of a PFAS-free fire-
fighting foam;
(2) advance the use of green and sustainable chemistry for
a fluorine-free alternative to AFFF;
(3) increase opportunities for sharing best practices
within the research and development sector with respect to
AFFF;
(4) assist in the testing of potential alternatives to
AFFF; and
(5) provide guidelines on priorities with respect to an
alternative to AFFF.
(b) Additional Requirements.--In carrying out the program required
under subsection (a), the Secretary shall--
(1) take into consideration the different uses of AFFF and
the priorities of the Department of Defense in finding an
alternative;
(2) prioritize green and sustainable chemicals that do not
pose a threat to public health or the environment; and
(3) use and leverage research from existing Department of
Defense programs.
(c) Report.--The Secretary shall submit to Congress a report on--
(1) the priorities and actions taken with respect to
finding an alternative to AFFF and the implementation of such
priorities; and
(2) any alternatives the Secretary has denied, and the
reason for any such denial.
(d) Use of Funds.--This section shall be carried out using amounts
authorized to be available for the Strategic Environmental Research and
Development Program.
SEC. 334. NOTIFICATION TO AGRICULTURAL OPERATIONS LOCATED IN AREAS
EXPOSED TO DEPARTMENT OF DEFENSE PFAS USE.
(a) Notification Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of Agriculture, shall provide a notification
described in subsection (b) to any agricultural operation located
within 10 square miles of a location where covered PFAS--
(1) has been detected in groundwater;
(2) has been hydrologically linked to a local water source,
including a water well; and
(3) is suspected to be, or due to a positive test known to
be, the result of the use of PFAS at any installation of the
Department of Defense located in the United States or any
State-owned facility of the National Guard.
(b) Notification Requirements.--The notification required under
subparagraph (a) shall include:
(1) The name of the Department of Defense or National Guard
installation from which the PFAS contamination in groundwater
originated.
(2) The specific type of PFAS detected in groundwater.
(3) The detection levels of PFAS detected.
(4) Relevant governmental information regarding the health
and safety of the covered PFAS detected, including relevant
Federal or State standards for PFAS in groundwater, livestock,
food commodities and drinking water, and any known restrictions
for sale of agricultural products that have been irrigated or
watered with water containing PFAS.
(c) Additional Testing Results.--The Secretary of Defense shall
provide to an agricultural operation that receives a notice under
subsection (a) any pertinent updated information, including any results
of new elevated testing, by not later than 15 days after receiving such
information.
(d) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the Secretary of
Defense shall submit to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture of the House of
Representatives a report on the status of providing notice under
subsection (a). Such report shall include, for the period covered by
the report--
(1) the approximate locations of such operations relative
to installations of the Department of Defense located in the
United States and State-owned facilities of the National Guard;
(2) the PFAS substances detected in groundwater; and
(3) the levels of PFAS detected.
(e) Definitions.--In this section:
(1) The term ``covered PFAS'' means each of the following:
(A) Perfluorooctanoic acid (commonly referred to as
``PFOA'') (Chemical Abstracts Service No. 335-67-1).
(B) Perfluorooctane sulfonic acid (commonly
referred to as ``PFOS'') (Chemical Abstracts Service
No. 1763-23-1).
(C) Perfluorobutanesulfonic acid ( commonly
referred to as ``PFBS'') (Chemical Abstracts Service
No. 375-73-5).
(D) Perfluorohexane sulfonate (commonly referred to
as ``PFHxs'') (Chemical Abstracts Service No. 108427-
53-8).
(E) Perfluoroheptanoic acid (commonly referred to
as ``PFHpA'') (Chemical Abstracts Service No. 375-85-
9).
(F) Perfluorohexanoic acid (commonly referred to as
``PFHxA'') (Chemical Abstracts Service No. 307-24-4).
(G) Perfluorodecanoic acid (commonly referred to as
``PFDA'') (Chemical Abstracts Service No. 335-76-2).
(H) Perfluorononanoic acid (commonly referred to as
``PFNA'') (Chemical Abstracts Service No. 375-95-1).
(2) The term ``PFAS'' means a perfluoroalkyl or
polyfluoroalkyl substance with at least one fully fluorinated
carbon atom, including the chemical GenX.
SEC. 335. PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF DEFENSE TESTING
FOR PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.
(a) Public Disclosure of PFAS Testing.--The Secretary of Defense
shall publicly disclose the results of any testing for perfluoroalkyl
or polyfluoroalkyl substances (commonly referred to as ``PFAS'')
conducted on military installations or formerly used defense sites, and
any testing for lead or copper at a Department education activity
facility, including--
(1) all such testing results conducted by the Department of
Defense; and
(2) all such testing results conducted by a non-Department
entity (including any Federal agency and any public or private
entity) under contract by or pursuant to an agreement with the
Department of Defense.
(b) Nature of Disclosure.--The Secretary of Defense may satisfy the
disclosure requirement under subsection (a) by publishing the
information, datasets, and results relating to the testing referred to
in such subsection--
(1) on the publicly available website established under
section 331(b) of the National Defense Authorization Act of
2020 (Public Law 116-92) by not later than 7 days after such
information, datasets, and results become available;
(2) on another publicly available website of the Department
of Defense by not later than 7 days after such information,
datasets, and results become available; or
(3) in the Federal Register by not later than 30 days after
such information, datasets, and results become available.
(c) Requirements.--The information required to be disclosed by the
Secretary of Defense under subsection (a) and published under
subsection (b) shall--
(1) constitute a record for the purposes of chapters 21,
29, 31, and 33 of title 44, United States Code; and
(2) include any underlying datasets or additional
information of interest to the public, as determined by the
Secretary of Defense.
(d) Local Notification.--Prior to conducting any testing for
perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense
shall provide to the managers of the public water system and the
publicly owned treatment works serving the areas located immediately
adjacent to the military installation where such testing is to occur
notice in writing of the testing.
(e) Definitions.--In this section:
(1) The term ``formerly used defense site'' means any site
formerly used by the Department of Defense or National Guard
eligible for environmental restoration by the Secretary of
Defense funded under the ``Environmental Restoration Account,
Formerly Used Defense Sites'' account established under section
2703(a)(5) of title 10, United States Code.
(2) The term ``military installation'' has the meaning
given such term in section 2801(c)(4) of title 10, United
States Code.
(3) The term ``perfluoroalkyl or polyfluoroalkyl
substance'' means any per or polyfluoroalkyl substance with at
least one fully fluorinated carbon atom.
(4) The term ``public water system'' has the meaning given
such term under section 1401(4) of the Safe Drinking Water Act
(42 U.S.C. 300f(4)).
(5) The term ``treatment works'' has the meaning given such
term in section 212(2) of the Federal Water Pollution Control
Act (33 U.S.C. 1292(2)).
SEC. 336. BIOLOGICAL THREATS REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report on efforts to prevent, detect, and respond to
biological threats, including through cooperation with bilateral and
multilateral partners.
(b) Elements.--The report shall include the following:
(1) A description of actions taken by the Department of
Defense to improve proliferation prevention regarding,
detection of, and response to biological threats of natural,
accidental, or deliberate origin, including the following:
(A) Department of Defense policy guidance to
address the threat of naturally and accidentally
occurring diseases in addition to potential deliberate
biological events.
(B) Organizational chart describing those
responsible in each Department for coordinating these
activities, in accordance with the report required by
section 745 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92).
(C) A description of efforts to integrate
Department of Defense infectious disease research,
cooperative threat reduction programs, and other
activities designed to protect Department of Defense
personnel against infectious disease threats.
(2) Programs and policies to address the threat of
accidental or deliberate misuse of emerging biological
technologies, including synthetic biology, including
Cooperative Threat Reduction, efforts to cooperate with other
partners to establish international norms and standards,
consideration of new technologies in the Biological Threat
Reduction Program, and efforts to develop countermeasures.
SEC. 337. REPORT ON ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the use of energy
savings performance contracts (in this section referred to as
``ESPCs'') by the Department of Defense. Such report shall include--
(1) the total investment value of the total number of ESPCs
per service for fiscal years 2016 through 2020;
(2) the location of facilities with ESPCs for fiscal years
2016 through 2020;
(3) any limitations on expanding ESPCs throughout the
Department of Defense;
(4) the effect ESPCs have on military readiness; and
(5) any additional information the Secretary determines
relevant.
(b) Appropriate Congressional Committees.--In this section, the
appropriate congressional committees are--
(1) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Energy and Natural Resources, and the Committee on Environment
and Public Works of the Senate.
SEC. 338. SENSE OF CONGRESS REGARDING AN INTEGRATED MASTER PLAN TOWARDS
ACHIEVING NET ZERO.
It is the sense of Congress that the Department of Defense should
develop an integrated master plan for pursuing Net Zero initiatives and
reductions in fossil fuels using the findings of--
(1) the assessment of Department of Defense operational
energy usage required under section 318;
(2) the Comptroller General report on Department of Defnse
installation energy required under section 323; and
(3) the Department of Defense report on emissions required
under section 324.
SEC. 339. INCREASE IN FUNDING FOR CENTERS FOR DISEASE CONTROL STUDY ON
HEALTH IMPLICATIONS HEALTH IMPLICATIONS OF PER- AND
POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING
WATER.
Section 316(a)(2)(B)(ii) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91) is amended by striking
``$10,000,000'' and inserting ``$15,000,000''.
SEC. 340. MORATORIUM ON INCINERATION BY DEPARTMENT OF DEFENSE OF
PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL SUBSTANCES,
AND AQUEOUS FILM FORMING FOAM.
(a) In General.--Beginning on the date of the enactment of this
Act, the Secretary of Defense shall prohibit the incineration of
materials containing per- and polyfluoroalkyl substances or aqueous
film forming foam until regulations have been prescribed by the
Secretary that--
(1) implement the requirements of section 330 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92); and
(2) take into consideration the interim guidance published
by the Administrator of the Environmental Protection Agency
under section 7361 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92).
(b) Report.--Not later than 1 year after the publication of the
final regulations described in subsection (a), and annually thereafter,
the Secretary shall submit to the Administrator of the Environmental
Protection Agency a report on all incineration by the Department of
Defense of materials containing perfluoroalkyl substances,
polyfluoroalkyl substances, or aqueous film forming foam during the
year covered by the report, including--
(1) the total amount of such materials incinerated;
(2) the temperature range at which such materials were
incinerated; and
(3) the locations and facilities where such materials were
incinerated.
SEC. 341. GUARANTEEING EQUIPMENT SAFETY FOR FIREFIGHTERS ACT OF 2020.
(a) Short Title.--This section may be cited as the ``Guaranteeing
Equipment Safety for Firefighters Act of 2020''.
(b) National Institute of Standards and Technology Study on Per-
and Polyfluoroalkyl Substances in Personal Protective Equipment Worn by
Firefighters.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Director of the National
Institute of Standards and Technology shall, subject to
availability of appropriations, in consultation with the
Director of the National Institute for Occupational Safety and
Health, complete a study of the contents and composition of new
and unused personal protective equipment worn by firefighters.
(2) Contents of study.--In carrying out the study required
by paragraph (1), the Director of the National Institute of
Standards and Technology shall examine--
(A) the identity, prevalence, and concentration of
per- and polyfluoroalkyl substances (commonly known as
``PFAS'') in the personal protective equipment worn by
firefighters;
(B) the conditions and extent to which per- and
polyfluoroalkyl substances are released into the
environment over time from the degradation of personal
protective equipment from normal use by firefighters;
and
(C) the relative risk of exposure to per- and
polyfluoroalkyl substances faced by firefighters from--
(i) their use of personal protective
equipment; and
(ii) degradation of personal protective
equipment from normal use by firefighters.
(3) Reports.--
(A) Progress reports.--Not less frequently than
once each year for the duration of the study conducted
under paragraph (1), the Director shall submit to
Congress a report on the progress of the Director in
conducting such study.
(B) Final report.--Not later than 90 days after the
date on which the Director completes the study required
by paragraph (1), the Director shall submit to Congress
a report describing--
(i) the findings of the Director with
respect to the study; and
(ii) recommendations on what additional
research or technical improvements to personal
protective equipment materials or components
should be pursued to avoid unnecessary
occupational exposure among firefighters to
per- and polyfluoroalkyl substances through
personal protective equipment.
(c) Research on Per- and Polyfluoroalkyl Substances in Personal
Protective Equipment Worn by Firefighters.--
(1) In general.--Not later than 180 days after the date of
the submittal of the report required by subsection (b)(3)(B),
the Director of the National Institute of Standards and
Technology shall--
(A) issue a solicitation for research proposals to
carry out the research recommendations identified in
the report submitted under subsection (b)(3); and
(B) award grants to applicants that submit research
proposals to develop safe alternatives to per- and
polyfluoroalkyl substances in personal protective
equipment.
(2) Criteria.--The Director shall select research proposals
to receive a grant under paragraph (1) on the basis of merit,
using criteria identified by the Director, including the
likelihood that the research results will address the findings
of the Director with respect to the study conducted under
subsection (b)(1).
(3) Eligible entities.--Any entity or group of 2 or more
entities may submit to the Director a research proposal in
response to the solicitation for research proposals under
paragraph (1), including--
(A) State and local agencies;
(B) public institutions, including public
institutions of higher education;
(C) private corporations; and
(D) nonprofit organizations.
(d) Authority for Director of the National Institute of Standards
and Technology to Consult With Experts on Matters Relating to Per- and
Polyfluoroalkyl Substances.--In carrying out this section, the Director
of the National Institute of Standards and Technology may consult with
Federal agencies, nongovernmental organizations, State and local
governments, and science and research institutions determined by the
Director to have scientific or material interest in reducing
unnecessary occupational exposure to per- and polyfluoroalkyl
substances by firefighters.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Director $2,500,000 to carry out this section.
(2) Supplement not supplant.--Funds made available to carry
out this section shall supplement and not supplant funds made
available to the Director for other purposes.
SEC. 342. ASSESSMENT OF DEPARTMENT OF DEFENSE EXCESS PROPERTY PROGRAMS
WITH RESPECT TO NEED AND WILDFIRE RISK.
(a) Assessment of Programs.--
(1) In general.--The Secretary of Defense, acting through
the Director of the Defense Logistics Agency, jointly with the
Secretary of Agriculture, acting through the Chief of the
Forest Service, shall assess the Firefighter Property Program
(FFP) and the Federal Excess Personal Property Program (FEPP)
implementation and best practices, taking into account
community need and risk, including whether a community is an
at-risk community (as defined in section 101(1) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511(1)).
(2) Collaboration.--In carrying out the assessment required
under paragraph (1), the Secretary of Defense, acting through
the Director of the Defense Logistics Agency, and the Secretary
of Agriculture, acting through the Chief of the Forest Service,
shall consult with State foresters and participants in the
programs described in such paragraph.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Director of the Defense Logistics Agency, jointly with the Secretary of
Agriculture, acting through the Chief of the Forest Service, shall
submit to the Committee on Armed Services and the Committee on
Agriculture of the House of Representatives and the Committee on Armed
Services and the Committee on Agriculture, Forestry, and Nutrition of
the Senate a report on the assessment required under paragraph (1) of
subsection (a) and any findings and recommendations with respect to the
programs described in such paragraph.
Subtitle C--Logistics and Sustainment
SEC. 351. NATIONAL DEFENSE SUSTAINMENT AND LOGISTICS REVIEW.
(a) In General.--Chapter 2 of title 10, United States Code, is
amended by inserting after section 118 the following new section:
``Sec. 118a. National Defense Sustainment and Logistics Review
``(a) Quadrennial Review Required.--Two years after the submittal
of each national defense strategy under section 113(g) of this title,
the Secretary of Defense shall conduct a comprehensive review of the
sustainment and logistics requirements necessary to support the force
structure, force modernization, infrastructure, and other elements of
the defense program and policies of the United States during the
subsequent 5-, 10-, and 25-year periods. Each such review shall be
known as the `National Defense Sustainment and Logistics Review'. Each
such review shall be conducted in consultation with the Secretaries of
the military departments, the chief of the armed services, the
Commander of United States Transportation Command, and the Commander of
the Defense Logistics Agency.
``(b) Report to Congress.--(1) Not later than the first Monday in
February of the year following the fiscal year during which the review
required by subsection (a) is submitted, the Secretary shall submit to
the congressional defense committees a report on the review. Each such
report shall include each of the following:
``(A) An assessment of the strategic and tactical maritime
logistics force (including non-military assets provided by
Military Sealift Command and through the Voluntary Intermodal
Sealift Agreement) required to support sealift and at sea
logistics requirements of forces to meet steady state and
contingency requirements.
``(B) An assessment of the strategic and tactical airlift
and tankers (including non-military assets provided by the
Civil Reserve Air Fleet and through the Voluntary Tanker
Agreement) required to support movement of forces to meet
steady state and contingency requirements.
``(C) An assessment of the location, configuration, and
inventory of prepositioned materiel and equipment programs
required to meet steady state and contingency requirements.
``(D) An assessment of the location, infrastructure, and
storage capacity for petroleum, oil, and lubricant products, as
well as the ability to distribute such products from storage
supply points to deployed military forces, required to meet
steady state and contingency requirements.
``(E) An assessment of the capabilities, capacity, and
infrastructure of the Department of Defense organic industrial
base and private sector industrial base required to meet
steady-state and surge software and depot maintenance
requirements.
``(F) An assessment of the production capability, capacity,
and infrastructure, of the Department of Defense organic
industrial base and private sector industrial base required to
meet steady-state and surge production requirements for
ammunition and other military munitions.
``(G) An assessment of the condition, capacity, and
location of military infrastructure required to project
military forces to meet steady-state and contingency
requirements.
``(H) An assessment of the cybersecurity risks to military
and commercial logistics networks and information technology
systems.
``(I) An assessment of the gaps between the requirements
identified under subparagraphs (A) through (H) compared to the
actual force structure and infrastructure capabilities,
capacity, and posture and the risks associated with each gap as
it relates to the ability to meet the national defense
strategy.
``(J) A discussion of the identified mitigations being
pursued to address each gap and risk identified under
subparagraph (I) as well as the initiatives and resources
planned to address such gaps, as included in the Department of
Defense budget request submitted during the same year as the
report and the applicable future-years defense program.
``(K) An assessment of the extent to which wargames
conducted by the Department of Defense, Joint Staff, geographic
combatant commands, and military departments incorporate
logistics capabilities and threats and a description of the
logistics constraints to operations identified through such
wargames.
``(L) Such other matters the Secretary of Defense considers
appropriate.
``(2) The report required under this subsection shall be submitted
in classified form and shall include an unclassified summary.
``(c) Comptroller General Review.--Not later than 180 days after
the date on which Secretary submits each report required under
subsection (b), the Comptroller General shall submit to the
congressional defense committees a report that includes an assessment
of each of the following:
``(1) Whether the report includes each of the elements
referred to in subsection (b).
``(2) The strengths and weaknesses of the approach and
methodology used in conducting the review required under
subsection (a) that is covered by the report.
``(3) Any other matters relating to sustainment that may
arise from the report, as the Comptroller General considers
appropriate.
``(d) Relationship to Budget.--Nothing in this section shall be
construed to affect section 1105(a) of title 31.
``(e) Termination.--The requirement to submit a report under this
section shall terminate on the date that is 10 years after the date of
the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
118 the following new item:
``118a. National Defense Sustainment and Logistics Review.''.
(c) Deadline for Submittal of First Report.--Notwithstanding the
deadline in subsection (b)(1) of section 118a of title 10, United
States Code, the Secretary of Defense shall submit the first report
under such section by no later than the date that is 18 months after
the date of the enactment of this Act.
SEC. 352. EXTENSION OF SUNSET RELATING TO CHARTER AIR TRANSPORTATION
SERVICES.
Section 9515(k) of title 10, United States Code, is amended by
striking ``2020'' and inserting ``2025''.
SEC. 353. ADDITIONAL ELEMENTS FOR INCLUSION IN NAVY SHIP DEPOT
MAINTENANCE BUDGET REPORT.
Section 363(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended by adding at the end the
following new paragraphs:
``(6) The execution of the planned schedule, categorized by
class of ship, for each of the three preceding fiscal years,
including--
``(A) the actual contract award compared to the
milestone;
``(B) the planned completion date compared to the
actual completion date; and
``(C) each regional maintenance center's
availability schedule performance for on-time
availability completion.
``(7) In accordance with the findings of the Government
Accountability Office (GAO 20-370)--
``(A) in 2021, an analysis plan for the evaluation
of pilot program availabilities funded by the Other
Procurement, Navy account; and
``(B) in 2022, a report on the Navy's progress
implementing such analysis plan.''.
SEC. 354. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS FORWARD
DEPLOYMENT OF NAVAL VESSELS.
Section 323(b) of the National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. 8690 note) is amended by
striking ``In the case of any naval vessel'' and inserting ``In the
case of any aircraft carrier, amphibious ship, cruiser, destroyer,
frigate, or littoral combat ship''.
SEC. 355. INDEPENDENT ADVISORY PANEL ON WEAPON SYSTEM SUSTAINMENT.
(a) Establishment.--The Secretary of Defense shall establish an
independent advisory panel (in this section referred to as the
``panel'') on the weapon system sustainment ecosystem. The National
Defense University and the Defense Acquisition University shall sponsor
the panel, including by providing administrative support.
(b) Membership.--
(1) Composition.--The panel shall be comprised of nine
members, of whom--
(A) five shall be appointed by the Secretary of
Defense;
(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
Representatives; and
(E) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the House of
Representatives.
(2) Expertise.--In making appointments under this
subsection, consideration should be given to individuals with
expertise in public and private-sector acquisition,
sustainment, and logistics policy in aviation, ground, maritime
systems, and space systems and their related components.
(3) Appointment date.--The appointment of the members of
the panel shall be made not later than 120 days after the date
of the enactment of this Act.
(c) Duties.--The panel shall--
(1) review the weapon system sustainment ecosystem from
development, production, and sustainment of the weapon system
through use in the field, depot and field-level maintenance,
modification, and disposal with a goal of--
(A) maximizing the availability and mission
capabilities of weapon systems;
(B) reducing overall life-cycle costs of weapon
systems during fielding, operation and sustainment; and
(C) aligning weapon system sustainment functions to
the most recent national defense strategy submitted
pursuant to section 113 of title 10, United States
Code; and
(2) using information from the review of the weapon system
sustainment ecosystem, make recommendations related to
statutory, regulatory, policy, or operational best practices
the panel considers necessary.
(d) Report.--
(1) Interim report.--Not later than 1 year after the date
on which all members of the panel have been appointed, the
panel shall provide to the Secretary of Defense and the
Committees on Armed Services of the Senate and House of
Representatives a briefing on the interim findings and
recommendations of the panel.
(2) Final report.--Not later than 2 years after the date on
which all members of the panel have been appointed, the panel
shall submit to the Secretary of Defense and the Committees on
Armed Services of the Senate and House of Representatives a
report setting for a detailed statement of the findings and
conclusions the panel as a result of the review described in
subsection (c), together with such recommendations related to
statutory, regulatory, policy, or operational practices as the
panel considers appropriate in light of the results of the
review.
(e) Administrative Matters.--
(1) In general.--The Secretary of Defense shall provide the
panel with timely access to appropriate information, data,
resources, analysis, and logistics support so that the panel
may conduct a thorough and independent assessment as required
under this section.
(2) Effect of lack of appointment by appointment date.--If
any member has not been appointed by the date specified in
subsection (b)(3), the authority to appoint such member under
subsection (b)(1) shall expire, and the number of members of
the panel shall be reduced by the number equal to the number of
appointments so not made.
(3) Period of appointment; vacancies.--Members of the panel
shall be appointed for the duration of the panel. Any vacancy
in the panel shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(4) Chair.--The panel shall select a Chair from among its
members. The Chair may not be a Federal officer or employee.
(f) Termination.--The panel shall terminate 90 days after the date
on which the panel submits the report required under subsection (d)(2).
SEC. 356. BIANNUAL BRIEFINGS ON STATUS OF SHIPYARD INFRASTRUCTURE
OPTIMIZATION PLAN.
(a) Briefings Required.--During the period beginning on July 1,
2020, and ending on July 1, 2025, the Secretary of the Navy shall
provide to the congressional defense committees biannual briefings on
the status of the Shipyard Infrastructure Optimization Plan.
(b) Elements of Briefings.--Each briefing under subsection (a)
shall include a discussion of the status of each of the following
elements:
(1) A master plan for infrastructure development, including
projected military construction and capital equipment projects.
(2) A planning and design update for military construction,
minor military construction, and facility sustainment projects
over the subsequent five-year period.
(3) A human capital management and development plan.
(4) A workload management plan that includes
synchronization requirements for each shipyard and ship class.
(5) Performance metrics and an assessment plan.
(6) A funding and authority plan that includes funding
lines across the future years defense program.
SEC. 357. MATERIEL READINESS METRICS AND OBJECTIVES FOR MAJOR WEAPON
SYSTEMS.
(a) In General.--Section 118 of title 10, United States Code is
amended--
(1) by amending the section heading to read as follows:
``Materiel readiness metrics and objectives for major weapon
systems'';
(2) by striking ``Not later than five days'' and inserting
the following:
``(d) Budget Justification.--Not later than five days'';
(3) by inserting before subsection (d) (as designated by
paragraph (2)) the following new subsections:
``(a) Materiel Readiness Metrics.--Each head of an element of the
Department specified in paragraphs (1) through (10) of section 111(b)
of this title shall establish and maintain materiel readiness metrics
to enable assessment of the readiness of members of the armed forces to
carry out--
``(1) the strategic framework required by section
113(g)(1)(B)(vii) of this title; and
``(2) guidance issued by the Secretary of Defense pursuant
to section 113(g)(1)(B) of this title.
``(b) Required Metrics.--At a minimum, the materiel readiness
metrics required by subsection (a) shall address the materiel
availability, operational availability, operational capability, and
materiel reliability of each major weapon system by designated mission,
design series, variant, or class.
``(c) Materiel Readiness Objectives.--(1) Not later than one year
after the date of the enactment of this Act, each head of an element
described in subsection (a) shall establish the metrics required by
subsection (b) necessary to support the strategic framework and
guidance referred to in paragraph (1) and (2) of subsection (a).
``(2) Annually, each head of an element described in subsection (a)
shall review and revise the metrics required by subsection (b) and
include any such revisions in the materials submitted to Congress in
support of the budget of the President under section 1105 of title
31.'';
(4) in subsection (d) (as designated by paragraph (2))--
(A) in paragraph (1)--
(i) by striking ``materiel reliability, and
mean down time metrics for each major weapons
system'' and inserting ``operational
availability, and materiel reliability for each
major weapon system''; and
(ii) by inserting ``and'' at the end;
(B) in paragraph (2), by striking ``; and'' and
inserting a period at the end; and
(C) by striking paragraph (3); and
(5) by adding at the end the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `major weapon system' has the meaning given
in section 2379(f) of this title.
``(2) The term `materiel availability' means a measure of
the percentage of the total inventory of a major weapon system
that is operationally capable of performing an assigned
mission.
``(3) The term `materiel reliability' means the probability
that a major weapon system will perform without failure over a
specified interval.
``(4) The term `operational availability' means a measure
of the percentage of time a major weapon system is
operationally capable.
``(5) The term `operationally capable' means a materiel
condition indicating that a major weapon system is capable of
performing its assigned mission and has no discrepancies with a
subsystem of a major weapon system.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 2 of title 10, United States Code, is amended by striking the
item relating to section 118 and inserting the following new item:
``118. Materiel readiness metrics and objectives for major defense
acquisition programs.''.
(c) Briefing.--Not later than October 1, 2021, the Secretary of
Defense shall brief the congressional defense committees regarding the
implementation of the materiel readiness metrics required under section
118 of title 10, United States Code, as amended by subsection (a).
Subtitle D--Munitions Safety and Oversight
SEC. 361. CHAIR OF DEPARTMENT OF DEFENSE EXPLOSIVE SAFETY BOARD.
(a) Responsibilities.--Section 172 of title 10, United States Code,
is amended by adding at the end the following new subsections:
``(c) Responsibilities of Chair.--The chair of the explosive safety
board shall carry out the following responsibilities:
``(1) To act as the principal executive representative and
advisor of the Secretary on explosive and chemical agent safety
matters related to Department of Defense military munitions.
``(2) To perform the hazard classification approval duties
assigned to the chair.
``(3) To preside over meetings of the explosive safety
board.
``(4) To direct the staff of the explosive safety board.
``(5) To performs other functions relating to explosives
safety management, as directed by the Assistant Secretary of
Defense for Sustainment.
``(6) To provide impartial and objective advice related to
explosives safety management to the Secretary of Defense and
the heads of the military departments.
``(7) To serve as the principal representative and advisor
of the Department of Defense on matters relating to explosives
safety management.
``(8) To provide assistance and advice to the Under
Secretary of Defense for Acquisition and Sustainment and the
Deputy Director of Land Warfare and Munitions in munitions
acquisition oversight and technology advancement for Department
of Defense military munitions, especially in the areas of
explosives and chemical agent safety and demilitarization.
``(9) To provide assistance and advice to the Assistant
Secretary of Defense for Logistics and Material Readiness in
sustainment oversight of Department of Defense military
munitions, especially in the areas of explosives and chemical
agent safety, storage, transportation, and demilitarization.
``(10) To develop and recommend issuances to define the
functions of the explosive safety board.
``(11) To establishes joint hazard classification
procedures with covered components of the Department.
``(12) To make recommendations to the Under Secretary of
Defense for Acquisition and Sustainment with respect to
explosives and chemical agent safety tenets and requirements.
``(13) To conducts oversight of Department of Defense
explosive safety management programs.
``(14) To carry out such other responsibilities as the
Secretary of Defense determines appropriate.
``(d) Responsibilities of Executive Director and Civilian
Members.--The executive director and civilian members of the explosive
safety board shall--
``(1) provide assistance to the chair in carrying out the
responsibilities specified in subsection (c); and
``(2) carry out such other responsibilities as the chair
determines appropriate.
``(e) Meetings.--(1) The explosive safety board shall meet not less
frequently than quarterly.
``(2) The chair shall submit to the congressional defense
committees an annual report describing the activities conducted at the
meetings of the board.
``(f) Exclusive Responsibilities.--The explosive safety board shall
have exclusive responsibility within the Department of Defense for--
``(1) recommending new and updated explosive and chemical
agent safety regulations and standards to the Assistant
Secretary of Defense for Energy Installations and Environment
for submittal to the Under Secretary of Defense for Acquisition
and Sustainment; and
``(2) acting as the primary forum for coordination among
covered components of the Department on all matters related to
explosive safety management.
``(g) Covered Components.--In this section, the covered components
of the Department are each of the following:
``(1) The Office of the Secretary of Defense.
``(2) The military departments.
``(3) The Office of the Chairman of the Joint Chiefs of
Staff and the Joint Staff, the Combatant Commands.
``(4) The Office of the Inspector General of the
Department.
``(5) The Defense Agencies.
``(6) The Department of Defense field activities.
``(7) All other organizational entities within the
Department.''.
(b) Deadline for Appointment.--By not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall take
such steps as may be necessary to ensure that the explosive safety
board of the Department of Defense, as authorized under section 172 of
title 10, United States Code, has a chair who is a military officer and
whose responsibilities include the day-to-day management of the
explosive safety board and the responsibilities provided in subsection
(c) of such section.
(c) Limitation on Use of Funds.--Of the amounts authorized to be
appropriated or otherwise made available in this Act for the Office of
the Under Secretary of Defense for Acquisition and Sustainment for
fiscal year 2021, not more than 75 percent may be obligated or expended
until the date on which the Under Secretary of Defense certifies to the
congressional defense committees that all board member positions,
including the chair, of the Department of Defense explosive safety
board, as authorized under section 172 of title 10, United States Code,
as amended by this section, have been filled by military officers as
required by such section.
SEC. 362. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
(a) Roles, Responsibilities, and Authorities.--Section 2284(b) of
title 10, United States Code, as amended by section 1052 of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), is further amended--
(1) in paragraph (1)(A)--
(A) by inserting ``and'' before ``integration'';
and
(B) by striking ``an Assistant Secretary of
Defense'' and inserting ``the Assistant Secretary of
Defense for Special Operations and Low Intensity
Conflict'';
(2) in paragraph (2), by striking ``to whom responsibility
is assigned under paragraph (1)(A)'' and inserting ``for
Special Operations and Low Intensity Conflict'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict shall coordinate with--
``(A) the Under Secretary of Defense for
Intelligence on explosive ordnance technical
intelligence;
``(B) the Under Secretary of Defense for
Acquisition and Sustainment on explosive ordnance
disposal research, development, acquisition, and
sustainment;
``(C) the Under Secretary of Defense for Research
and Engineering on explosive ordnance disposal
research, development, test, and evaluation;
``(D) the Assistant Secretary of Defense for
Homeland Security and Global Security on explosive
ordnance disposal on defense support of civil
authorities; and
``(E) the Assistant Secretary of Defense for
Nuclear, Chemical, and Biological Defense programs on
explosive ordnance disposal for combating weapons of
mass destruction;''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report of the Explosive Ordnance Disposal Defense Program under
section 2284 of title 10, United States Code. Such report shall include
each of the following:
(1) The status of the establishment and organization of the
Program and the compliance with the requirements of such
section, as amended by section 1052 of the National Defense
Authorization Act for Fiscal Year 2020.
(2) An assessment of the feasibility and advisability of
designating the Joint Program Executive Officer for Armaments
and Ammunition as the joint program executive officer for the
explosive ordnance disposal program or establishing a rotation
of the role between an Army, Navy, and Air Force entity on a
periodic basis.
(3) An assessment of the feasibility and advisability of
designating the Director of the Defense Threat Reduction Agency
with management responsibility for a Defense-wide program
element for explosive ordnance disposal research, development,
test, and evaluation transactions other than contracts,
cooperative agreements, and grants related to section 2371 of
title 10, United States Code, during research projects
including rapid prototyping and limited procurement urgent
activities and acquisition.
SEC. 363. ASSESSMENT OF RESILIENCE OF DEPARTMENT OF DEFENSE MUNITIONS
ENTERPRISE.
(a) Assessment.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into an
agreement with a federally-funded research and development center with
relevant expertise under which such center shall conduct an assessment
of the resilience of the Department of Defense munitions enterprise.
(b) Elements.--The assessment required under subsection (a) shall
include the following elements:
(1) An identification of the points of failure with respect
to the munitions enterprise, including physical locations,
materials, suppliers, contractors, and other relevant elements,
that, if failure occurs, would have the largest negative impact
on the capacity, resiliency, and safety of the enterprise.
(2) An evaluation of the efforts of the Department of
Defense to address the points of failure identified under
paragraph (1).
(3) Recommendation with respect to any additional efforts
or actions that could be taken to provide for mitigation or
solutions with respect to such points of failure.
(4) An evaluation of the capacity of the munitions
enterprise to support a sudden surge in demand to support a
contingency.
(5) An evaluation of the capacity of the munitions
enterprise to withstand intentional disruption during a
conflict.
(c) Report and Briefings.--The Secretary shall--
(1) submit to the congressional defense committees a report
on the results of assessment conducted under this section by
not later than December 31, 2021; and
(2) provide for such committees interim briefings on such
assessment upon request.
(d) Point of Failure.--In this section, the term ``point of
failure'' means, with respect to the munitions enterprise, an aspect of
the enterprise, that, if it were to fail or be significantly negatively
impacted would cause the portion of the enterprise it supports to
either fail or be significantly negatively impacted.
SEC. 364. REPORT ON SAFETY WAIVERS AND MISHAPS IN DEPARTMENT OF DEFENSE
MUNITIONS ENTERPRISE.
(a) Report Required.--The Secretary shall include with the
Department of Defense materials submitted to Congress with the budget
of the President for each of fiscal years 2022 through 2025 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code), a report on safety waivers provided in the Department of
Defense munitions enterprise. Each such report shall include each of
the following for the year covered by the report and each of the
preceding 3 years:
(1) A list of each waiver, exemption, and secretarial
exemption or certification provided with respect to any
Department of Defense munitions safety standard.
(2) For each such waiver, exemption, or certification
provided--
(A) the location where the waiver, exemption, or
certification was provided;
(B) a summary of the justification used for
providing the waiver, exemption, or certification;
(C) the time period during which the waiver,
exemption, or certification applies and the number of
times such a waiver, exemption, or certification has
been provided at that location; and
(D) a list of all safety-related mishaps that
occurred at locations where waivers, exemptions, or
certifications were in place, and for each such mishap,
whether or not a subsequent investigation determined
the waiver, exemption, or certification was related or
may have been related to the mishap.
(3) A list and summary of all class A through class E
mishaps related to the construction, storage, transportation,
usage, and demilitarization of munitions.
(4) Any mitigation efforts in place at any location where a
waiver, exemption, or certification has been provided or where
a safety-related mishap has occurred.
(5) Such other matters as the Secretary determines
appropriate.
(b) Munitions Defined.--In this section, the term ``munitions''
includes ammunition, explosives, and chemical agents.
Subtitle E--Other Matters
SEC. 371. PILOT PROGRAM FOR TEMPORARY ISSUANCE OF MATERNITY-RELATED
UNIFORM ITEMS.
(a) Pilot Program.--The Director of the Defense Logistics Agency,
in coordination with the Secretaries concerned, shall carry out a pilot
program under which each Secretary concerned shall establish an office
for issuing maternity-related uniform items to pregnant members of the
Armed Forces, on a temporary basis and at no cost to such member. In
carrying out the pilot program, the Director shall take the following
actions:
(1) The Director shall ensure that such offices maintain a
stock of each type of maternity-related uniform item determined
necessary by the Secretary concerned, including service
uniforms items, utility uniform items, and other items relating
to the command and duty assignment of the member requiring
issuance.
(2) The Director shall ensure that such items have not been
treated with the chemical permethrin.
(3) The Director, in coordination with the Secretary
concerned, shall determine a standard number of maternity-
related uniform items that may be issued per member.
(4) The Secretary concerned shall ensure that any member
receiving a maternity-related uniform item returns such item to
the relevant office established under paragraph (1) on the date
on which the Secretary concerned determines the member no
longer requires such item.
(5) The Secretary concerned shall inspect, process, repair,
clean, and re-stock items returned by a member pursuant to
paragraph (4) for re-issuance from such relevant office.
(6) The Director, in coordination with the Secretaries
concerned, may issue such guidance and regulations as necessary
to carry out the pilot program.
(b) Termination.--No maternity-related uniform items may be issued
to a member of the Armed Forces under the pilot program after September
30, 2026.
(c) Report.--Not later than September 30, 2025, the Director of the
Defense Logistics Agency, in coordination with the Secretaries
concerned, shall submit to the congressional defense committees a
report on the pilot program. Such report shall include each of the
following:
(1) For each year during which the pilot program was
carried out, the number of members of the Armed Forces who
received a maternity-related uniform item under the pilot
program.
(2) An overview of the costs associated with, and any
savings realized by, the pilot program, including a comparison
of the cost of maintaining a stock of maternity-related uniform
items for issuance under the pilot program versus the cost of
providing allowances to members for purchasing such items.
(3) A recommendation on whether the pilot program should be
extended after the date of termination under subsection (b) and
whether legislation is necessary for such extension.
(4) Any other matters that the Secretary of Defense
determines appropriate.
(d) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for operation and maintenance, Defense-wide, for fiscal
year 2021, as specified in the funding table in section 4301,
$10,000,000 shall be available for implementation of the pilot program.
SEC. 372. SERVICEWOMEN'S COMMEMORATIVE PARTNERSHIPS.
(a) In General.--The Secretary of the Army may enter into a
contract, partnership, or grant with a non-profit organization for the
purpose of providing financial support for the maintenance and
sustainment of infrastructure and facilities at military service
memorials and museums that highlight the role of women in the military.
Such a contract, partnership, or grant shall be referred to as a
``Servicewomen's Commemorative Partnership''.
(b) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for fiscal year 2021, as identified in division D of
this Act, $3,000,000 shall be available for Servicewomen's
Commemorative Partnerships under subsection (a).
SEC. 373. BIODEFENSE ANALYSIS AND BUDGET SUBMISSION.
(a) Annual Analysis.--For each fiscal year, the Director of the
Office of Management and Budget shall--
(1) conduct a detailed and comprehensive analysis of
Federal biodefense programs; and
(2) develop an integrated biodefense budget submission.
(b) Definition of Biodefense.--In accordance with the National
Biodefense Strategy, the Director shall develop and disseminate to all
Federal departments and agencies a unified definition of the term
``biodefense'' to identify which programs and activities are included
in annual budget submission referred to in subsection (a).
(c) Requirements for Analysis.--The analysis required under
subsection (a) shall include--
(1) the display of all funds requested for biodefense
activities, both mandatory and discretionary, by agency and
categorized by biodefense enterprise element, including threat
awareness, prevention, deterrence, preparedness, surveillance
and detection, response, attribution (including bioforensic
capabilities), recovery, and mitigation; and
(2) detailed explanations of how each program and activity
included aligns with biodefense goals.
(d) Submittal to Congress.-- The Director shall submit to Congress
the analysis required under subsection (a) for a fiscal year
concurrently with the President's annual budget request for that fiscal
year.
SEC. 374. CLARIFICATION OF NATIONAL BIODEFENSE STRATEGY.
(a) In General.--The Secretary of Health and Human Services, in
cooperation with the Biodefense Steering Committee, shall clarify the
national biodefense strategy and associated implementation plan
developed under section 1086 of the National Defense Authorization Act
for Fiscal Year 2017 (6 U.S.C. 104) to clearly document agreed-upon
processes, roles, and responsibilities for making and enforcing
enterprise-wide decisions.
(b) Specific Clarifications.--In carrying out subsection (a), the
Secretary of Health and Human Services shall work with the head of each
agency participating in the Biodefense Steering Committee, including
the Administrator of the Federal Emergency Management Agency, to--
(1) enter into a memorandum of understanding, or take such
other action as is necessary, to describe the roles and
responsibilities of the Federal departments and agencies,
including internal and external coordination procedures, in
identifying and sharing information, as described in section
1086(b)(4) of the National Defense Authorization Act for Fiscal
Year 2017 (6 U.S.C. 104(b)(4));
(2) clarify roles, responsibilities, and processes for
decisionmaking that involves shifting resources across agency
boundaries to more effectively or efficiently address
enterprise-wide risk;
(3) prepare an inventory and assessment of all existing
strategies, plans, policies, laws, and interagency agreements
with respect to biodefense;
(4) establish a resource plan to staff, support, and
sustain the efforts of the Biodefense Coordination Team;
(5) clearly document guidance and methods for analyzing the
data collected from agencies to include non-Federal resources
and capabilities; and
(6) not later than 90 days after the date of enactment of
this Act, report to the appropriate congressional committees on
possible implementation strategies, that will effectively and
efficiently enhance information-sharing activities on
biosurveillance data integration as identified in the national
biodefense strategy and associated implementation plan
described in subsection (a).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committees on Armed Services of the House of
Representatives and the Senate.
(2) The Committees on Appropriations of the House of
Representatives and the Senate.
(3) The Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.
(4) The Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(5) The Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
SEC. 375. REPORT ON BIODEFENSE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report that includes--
(1) a description of the roles and responsibilities of
Department of Defense entities with responsibility for
biodefense or pandemic preparedness and response, including
logistical support;
(2) an updated Department of Defense implementation plan
for biodefense and pandemic response operations that includes a
separation of activities conducted under title 10, United
States Code, and activities conducted under title 32, United
States Code; and
(3) recommendations for solving gaps in authorities or
organizational structures that have inhibited COVID-19 response
efforts.
SEC. 376. FACILITATING AGREEMENTS WITH OTHER FEDERAL AGENCIES TO LIMIT
ENCROACHMENTS.
Section 2684a(d)(5) of title 10, United States Code, is amended--
(1) in the second sentence of subparagraph (A), by
inserting ``or another Federal agency'' after ``to a State''
both places it appears; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Notwithstanding subparagraph (A), if all or a portion of the
property or interest acquired under the agreement is initially or
subsequently transferred to a State or another Federal agency, before
that State or other Federal agency may declare the property or interest
in excess to its needs or propose to exchange the property or interest,
the State or other Federal agency shall give the Secretary concerned
reasonable advance notice of its intent. If the Secretary concerned
determines it necessary to preserve the purposes of this section, the
Secretary concerned may request that administrative jurisdiction over
the property be transferred to the Secretary concerned at no cost, and,
upon such a request being made, the administrative jurisdiction over
the property shall be transferred accordingly. If the Secretary
concerned does not make such a request within a reasonable time period,
all such rights of the Secretary concerned to request transfer of the
property or interest shall remain available to the Secretary concerned
with respect to future transfers or exchanges of the property or
interest and shall bind all subsequent transferees.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2021, as follows:
(1) The Army, 485,900.
(2) The Navy, 347,800.
(3) The Marine Corps, 184,100.
(4) The Air Force, 327,266.
(5) The Space Force, 6,434.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 485,900.
``(2) For the Navy, 347,800.
``(3) For the Marine Corps, 184,100.
``(4) For the Air Force, 327,266.
``(5) For the Space Force, 6,434.''.
SEC. 403. MODIFICATION OF THE AUTHORIZED NUMBER AND ACCOUNTING METHOD
FOR SENIOR ENLISTED PERSONNEL.
(a) In General.--Section 517 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``daily average''
and inserting ``enlisted end strength''; and
(2) in subsection (a)--
(A) by striking ``daily average number of'' and
inserting ``end strength for'';
(B) by striking ``in a fiscal year'' and inserting
``as of the last day of a fiscal year'';
(C) by striking ``2.5 percent'' and inserting ``3.0
percent''; and
(D) by striking ``on the first day of that fiscal
year''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of such title is amended by striking the item relating to
section 517 and inserting the following new item:
``517. Authorized enlisted end strength: members in pay grades E-8 and
E-9.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2021, as follows:
(1) The Army National Guard of the United States, 336,500.
(2) The Army Reserve, 189,800.
(3) The Navy Reserve, 58,800.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 108,100.
(6) The Air Force Reserve, 70,300.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2021, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,215.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 5,256.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2021 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States,
10,994.
(4) For the Air Force Reserve, 7,947.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2021, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2021 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in the subsection (a) supersedes any other authorization
of appropriations (definite or indefinite) for such purpose for fiscal
year 2021.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTH: EXCLUSION OF CERTAIN GENERAL AND FLAG
OFFICERS OF THE RESERVE COMPONENTS ON ACTIVE DUTY.
Section 526a of title 10, United States Code, is amended--
(1) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Exclusion of Certain Officers of the Reserve Components.--The
limitations of this section do not apply to the following:
``(1) A general or flag officer of a reserve component who
is on active duty--
``(A) for training; or
``(B) under a call or order specifying a period of
less than 180 days.
``(2)(A) A general or flag officer of a reserve component
who is authorized by the Secretary of the military department
concerned to serve on active duty for a period of at least 180
days and not longer than 365 days.
``(B) The Secretary of the military department concerned
may authorize a number, determined under subparagraph (C), of
officers in the reserve component of each armed force under the
jurisdiction of that Secretary to serve as described in
subparagraph (A).
``(C) Each number described in subparagraph (B) may not
exceed 10 percent of the number of general or flag officers, as
the case may be, authorized to serve in the armed force
concerned under section 12004 of this title. In determining a
number under this subparagraph, any fraction shall be rounded
down to the next whole number that is greater than zero.
``(3)(A) A general or flag officer of a reserve component
who is on active duty for a period longer than 365 days and not
longer than three years.
``(B) The number of officers described in subparagraph (A)
who do not serve in a position that is a joint duty assignment
for purposes of chapter 38 of this title may not exceed five
per armed force, unless authorized by the Secretary of
Defense.''.
SEC. 502. DIVERSITY IN SELECTION BOARDS.
(a) Requirement for Diverse Membership of Active Duty Selection
Boards.--
(1) Officers.--Section 612(a)(1) of title 10, United States
Code, is amended by adding at the end the following new
sentence: ``The members of a selection board shall represent
the diversity of the armed forces to the extent practicable.''.
(2) Warrant officers.--Section 573(b) of title 10, United
States Code, is amended by adding at the end the following new
sentence: ``The members of a selection board shall represent
the diversity of the armed forces to the extent practicable.''.
(b) Requirement for Diverse Membership of Reserve Components
Selection Boards.--Section 14102(b) of title 10, United States Code, is
amended by adding at the end the following new sentence: ``The members
of a selection board shall represent the diversity of the armed forces
to the extent practicable.''.
(c) Other Selection Boards.--
(1) In general.--The Secretary of Defense shall ensure that
the members of each selection board described in paragraph (2)
represent the diversity of the armed forces to the extent
practicable.
(2) Selection board described.--A selection board described
in this paragraph (1) is any selection board used with respect
to the promotion, education, or command assignments of members
of the Armed Forces that is not covered by the amendments made
by this section.
SEC. 503. REDACTION OF PERSONALLY IDENTIFIABLE INFORMATION FROM RECORDS
FURNISHED TO A PROMOTION BOARD.
(a) Active-Duty Officers.--Section 615(b) of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively;
(2) in the matter preceding subparagraph (A), as
redesignated, by inserting ``(1)'' before ``The Secretary'';
(3) in subparagraph (C), as redesignated, by striking
``whose name is furnished to the board'' and inserting ``under
consideration by the board for promotion'';
(4) by striking subparagraph (B), as redesignated, and
redesignating subparagraphs (C) through (F) as subparagraphs
(B) through (E), respectively; and
(5) by adding at the end the following new paragraph:
``(2) The Secretary of the military department concerned shall
redact any personally identifiable information from the information
furnished to a selection board under this section.''.
(b) Reserve Officers.--Section 14107(b) of title 10, United States
Code, is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(2) in the matter preceding subparagraph (A), as
redesignated, by inserting ``(1)'' before ``The Secretary'';
(3) in subparagraph (C), as redesignated, by striking
``whose name is furnished to the board'' and inserting ``under
consideration by the board for promotion'';
(4) by striking subparagraph (B), as redesignated, and
redesignating subparagraphs (C) through (E) as subparagraphs
(B) through (D), respectively; and
(5) by adding at the end the following new paragraph:
``(2) The Secretary of the military department concerned shall
redact any personally identifiable information from the information
furnished to a promotion board under this section.''.
(c) Enlisted Members.--Each Secretary of a military department
shall prescribe regulations that require the redaction of any
personally identifiable information from the information furnished to a
board that considers for promotion an enlisted member of an Armed Force
under the jurisdiction of that Secretary.
SEC. 504. TEMPORARY EXPANSION OF AVAILABILITY OF ENHANCED CONSTRUCTIVE
SERVICE CREDIT IN A PARTICULAR CAREER FIELD UPON ORIGINAL
APPOINTMENT AS A COMMISSIONED OFFICER.
(a) Regular Officers.--Subparagraph (D) of section 533(b)(1) of
title 10, United States Code, is amended to read as follows:
``(D) Additional credit as follows:
``(i) For special training or experience in a
particular officer field as designated by the Secretary
concerned, if such training or experience is directly
related to the operational needs of the armed force
concerned.
``(ii) During fiscal years 2021 through 2025, for
advanced education in an officer field so designated,
if such education is directly related to the
operational needs of the armed force concerned.''.
(b) Reserve Officers.--Section 12207(b)(1) of such title is
amended--
(1) in the matter preceding subparagraph (A), ``or a
designation in'' and all that follows through ``education or
training,'' and inserting ``and who has special training or
experience, or advanced education (if applicable),''; and
(2) by striking subparagraph (D) and inserting the
following new subparagraph:
``(D) Additional credit as follows:
``(i) For special training or experience in a
particular officer field as designated by the Secretary
concerned, if such training or experience is directly
related to the operational needs of the armed force
concerned.
``(ii) During fiscal years 2021 through 2025, for
advanced education in an officer field so designated,
if such education is directly related to the
operational needs of the armed force concerned.''.
(c) Annual Report.--
(1) In general.--Not later than February 1, 2022, and every
4 years thereafter, each Secretary of a military department
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the use of the
authorities in subparagraph (D) of section 553(b)(1) of title
10, United States Code (as amended by subsection (a)), and
subparagraph (D) of section 12207(b)(1) of such title (as
amended by subsection (b)) (each referred to in this subsection
as a ``constructive credit authority'') during the preceding
fiscal year for the Armed Forces under the jurisdiction of such
Secretary.
(2) Elements.--Each report under paragraph (1) shall
include, for the fiscal year and Armed Forces covered by such
report, the following:
(A) The manner in which constructive service credit
was calculated under each constructive credit
authority.
(B) The number of officers credited constructive
service credit under each constructive credit
authority.
(C) A description and assessment of the utility of
the constructive credit authorities in meeting the
operational needs of the Armed Force concerned.
(D) Such other matters in connection with the
constructive credit authorities as the Secretary of the
military department concerned considers appropriate.
SEC. 505. PERMANENT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.
Section 509 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 503 note) is amended--
(1) by striking ``pilot'' each place it appears; and
(2) by striking subsections (d) and (e).
Subtitle B--Reserve Component Management
SEC. 511. GRANTS TO SUPPORT STEM EDUCATION IN THE JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Program Authority.--
(1) In general.--Chapter 102 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2036. Grants to support science, technology, engineering, and
mathematics education
``(a) Authority.--The Secretary, in consultation with the Secretary
of Education, may carry out a program to make grants to eligible
entities to assist such entities in providing education in covered
subjects to students in the Junior Reserve Officers' Training Corps.
``(b) Coordination.--In carrying out a program under subsection
(a), the Secretary may coordinate with the following:
``(1) The Secretaries of the military departments.
``(2) The Secretary of Education.
``(3) The Director of the National Science Foundation.
``(4) The Administrator of the National Aeronautics and
Space Administration.
``(5) The heads of such other Federal, State, and local
government entities the Secretary of Defense determines to be
appropriate.
``(6) Private sector organizations as the Secretary of
Defense determines appropriate.
``(c) Activities.--Activities funded with grants under this section
may include the following:
``(1) Training and other support for instructors to teach
courses in covered subjects to students.
``(2) The acquisition of materials, hardware, and software
necessary for the instruction of covered subjects.
``(3) Activities that improve the quality of educational
materials, training opportunities, and curricula available to
students and instructors in covered subjects.
``(4) Development of travel opportunities, demonstrations,
mentoring programs, and informal education in covered subjects
for students and instructors.
``(5) Students' pursuit of certifications in covered
subjects.
``(d) Preference.--In making any grants under this section, the
Secretary shall give preference to eligible entities that are eligible
for assistance under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.).
``(e) Evaluations.--In carrying out a program under this section,
the Secretary shall establish outcome-based metrics and internal and
external assessments to evaluate the merits and benefits of the
activities funded with grants under this section with respect to the
needs of the Department of Defense.
``(f) Authorities.--In carrying out a program under this section,
the Secretary shall, to the extent practicable, make use of the
authorities under chapter 111 and sections 2601 and 2605 of this title,
and other authorities the Secretary determines appropriate.
``(g) Definitions.--In this section:
``(1) The term `eligible entity' means a local education
agency that hosts a unit of the Junior Reserve Officers'
Training Corps.
``(2) The term `covered subjects' means--
``(A) science;
``(B) technology;
``(C) engineering;
``(D) mathematics;
``(E) computer science;
``(F) computational thinking;
``(G) artificial intelligence;
``(H) machine learning;
``(I) data science;
``(J) cybersecurity;
``(K) robotics;
``(L) health sciences; and
``(M) other subjects determined by the Secretary of
Defense to be related to science, technology,
engineering, and mathematics.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 102 of such title is amended by adding at
the end the following new item:
``2036. Grants to support science, technology, engineering, and
mathematics education.''.
(b) Report.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on any
activities carried out under section 2036 of title 10, United
States Code (as added by subsection (a)).
(2) Congressional defense committees defined.--In this
subsection, the term ``congressional defense committees'' has
the meaning given that term in section 101(a)(16) of title 10,
United States Code.
SEC. 512. MODIFICATION OF EDUCATION LOAN REPAYMENT PROGRAM FOR MEMBERS
OF SELECTED RESERVE.
(a) Modification of Maximum Repayment Amount.--Section 16301(b) of
title 10, United States Code, is amended by striking ``15 percent or
$500'' and inserting ``20 percent or $1,000''.
(b) Effective Date and Applicability.--The amendment made by
subsection (a) shall take effect on the date of the enactment of this
Act and shall apply with respect to loan repayment under section 16301
of title 10, United States Code, for eligible years of service
completed on or after the date of the enactment of this Act.
SEC. 513. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE OFFICER FOR
CERTAIN FULL-TIME NATIONAL GUARD DUTY PERFORMED IN A
STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA.
Section 502(f)(2)(A) of title 32, United States Code, is amended by
inserting ``and performed inside the United States with the consent of
the chief executive officer of the State (as that term is defined in
section 901 of this title)'' after ``Defense''.
SEC. 514. CONSTRUCTIVE CREDIT FOR CERTAIN MEMBERS OF THE RESERVE
COMPONENTS WHO CANNOT COMPLETE MINIMUM ANNUAL TRAINING
REQUIREMENTS AS A RESULT OF THE COVID-19 PANDEMIC.
(a) Authority.--Under regulations prescribed by the Secretary of
Defense, the Secretary, in computing retired pay pursuant to section
12733 of title 10, United States Code, may approve constructive credit,
in addition to points earned under section 12732(a)(2) of such title,
for a member of the reserve components of the Armed Forces who cannot
complete minimum annual training requirements due to cancellation or
other extenuating circumstance arising from the covered national
emergency.
(b) Reporting.--
(1) Report required.--Not later than 1 year after the date
on which the covered national emergency ends, the Secretary of
Defense shall submit to the congressional defense committees a
report on the use of the authority under subsection (a).
(2) Elements.--The report under this subsection shall
include, with respect to each reserve component, the following:
(A) The number of individuals granted constructive
credit as a result of a training cancellation.
(B) The number of individuals granted constructive
credit as a result of another extenuating circumstance.
(C) Recommendations of the Secretary whether the
authority under subsection (a) should be made permanent
and under what circumstances such permanent authority
should apply.
(3) Publication.--Not later than 30 days after submitting
the report under paragraph (1), the Secretary shall--
(A) publish the report on a publicly accessible
website of the Department of Defense; and
(B) ensure that any data in the report is made
available in a machine-readable format that is
downloadable, searchable, and sortable.
(c) Covered National Emergency Defined.--In this section, the term
``covered national emergency'' means the national emergency declared on
March 13, 2020, by the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to COVID-19.
SEC. 515. GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS BY THE NATIONAL
GUARD.
(a) New Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue new
guidance that provides for the expedited review of requests for the use
of unmanned aircraft systems by the National Guard for covered
activities within the United States.
(b) Covered Activities Defined.--In this section, ``covered
activities'' means the following:
(1) Emergency operations.
(2) Search and rescue operations.
(3) Defense support to civil authorities.
(4) Support under section 502(f) of title 32, United States
Code.
SEC. 516. DIRECT EMPLOYMENT PILOT PROGRAM FOR CERTAIN MEMBERS OF THE
RESERVE COMPONENTS.
(a) In General.--The Secretary of Defense may carry out a pilot
program to enhance the efforts of the Department of Defense to provide
job placement assistance and related employment services directly to
members of the National Guard and Reserves in reserve active-status.
(b) Administration.--Any such pilot program shall be offered to,
and administered by, the adjutants general appointed under section 314
of title 32, United States Code, or other officials in the States
concerned designated by the Secretary for purposes of the pilot
program.
(c) Cost-Sharing Requirement.--As a condition on the provision of
funds under this section to a State to support the operation of the
pilot program in that State, the State must agree to contribute an
amount, derived from non-Federal sources, equal to at least 50 percent
of the funds provided by the Secretary to the State under this section.
(d) Development.--In developing any such pilot program, the
Secretary shall--
(1) incorporate elements of State direct employment
programs for members of the reserve components; and
(2) use resources provided to members of the Armed Forces
with civilian training opportunities through the SkillBridge
transition training program administered by the Department of
Defense.
(e) Direct Employment Program Model.--Any such pilot program shall
use a job placement program model that focuses on working one-on-one
with eligible members to cost-effectively provide job placement
services, including--
(1) identifying unemployed and underemployed individuals;
(2) job matching services;
(3) resume editing;
(4) interview preparation; and
(5) post-employment follow up.
(f) Evaluation.--The Secretary shall develop outcome metrics to
evaluate the success of any such pilot program.
(g) Reporting.--
(1) Report required.--If the Secretary carries out the
pilot Program, the Secretary of Defense shall submit to the
congressional defense committees a report describing the
results of the pilot program not later than March 1, 2022. The
Secretary shall prepare the report in coordination with the
Chief of the National Guard Bureau.
(2) Elements.--A report under paragraph (1) shall include
the following:
(A) A description and assessment of the
effectiveness and achievements of the pilot program,
including the number of members of the reserve
components of the Armed Forces hired and the cost-per-
placement of participating members.
(B) An assessment of the effects of the pilot
program and increased reserve component employment on
the readiness of members of the reserve components and
on the retention of members.
(C) A comparison of the pilot program to other
programs conducted by the Department of Defense to
provide unemployment or underemployment support to
members of the reserve components of the Armed Forces,
including the best practices developed through and used
in such programs.
(D) Any other matters the Secretary of Defense
determines appropriate.
(h) Duration; Extension.--
(1) Subject to paragraph (2), the authority to carry out
the pilot program expires on September 30, 2024.
(2) The Secretary may elect to extend the pilot program for
not more than two additional fiscal years.
SEC. 517. TEMPORARY LIMITATION ON AUTHORITY TO TRANSFER, RELOCATE, OR
DISSOLVE ELEMENTS OF THE RESERVE COMPONENTS OF THE AIR
FORCE.
(a) Limitation.--The Secretary of the Air Force may not transfer or
relocate any personnel or asset, or dissolve any unit, of the Air
National Guard or Air Force Reserve until the latter of the following
occurs:
(1) The day that is 180 days after the date on which the
Secretary of the Air Force submits the report under subsection
(b).
(2) The Chief of Space Operations certifies in writing to
the Secretary of the Air Force that plans of the Secretary to
establish the reserve components of the Space Force shall not
diminish space capability of the Department of the Air Force.
(b) Report Required.--Not later than January 31, 2021, the
Secretary of the Air Force shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report regarding
the plan of the Secretary to establish the reserve components of the
Space Force. The report shall identify the following:
(1) The assumptions and factors used to develop the plan.
(2) The members of the team that issued recommendations
regarding the organization of such reserve components.
(3) The recommendations of the Secretary regarding the
mission, organization, and unit retention of such reserve
components.
(4) The final organizational and integration
recommendations regarding such reserve components.
(5) The proposed staffing and operational organization for
such reserve components.
(6) The estimated date of implementation of the plan.
(7) Any savings or costs arising from the preservation of
existing space-related force structures in the Air National
Guard.
SEC. 518. PILOT PROGRAMS IN CONNECTION WITH SROTC UNITS AND CSPI
PROGRAMS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
AND MINORITY INSTITUTIONS.
(a) Pilot Programs Required.--The Secretary of Defense may carry
out two pilot programs as follows:
(1) A pilot program, with elements as provided for in
subsection (c), at covered institutions in order to assess the
feasibility and advisability of mechanisms to reduce barriers
to participation in the Senior Reserve Officers' Training Corps
at such institutions by creating partnerships between satellite
or extension Senior Reserve Officers' Training Corps units at
such institutions and military installations.
(2) In consultation with the Secretary of Homeland
Security, a pilot program, with elements as provided for in
subsection (d), in order to assess the feasibility and
advisability of the provision of financial assistance to
members of the Senior Reserve Officers' Training Corps, and
members of the Coast Guard College Student Pre-Commissioning
Initiative, at covered institutions for participation in flight
training.
(b) Duration.--The duration of each pilot program under subsection
(a) may not exceed 5 years.
(c) Pilot Program on Partnerships Between Satellite or Extension
SROTC Units and Military Installations.--
(1) Participating institutions.--The Secretary of Defense
shall carry out the pilot program required by subsection (a)(1)
at not fewer than five covered institutions selected by the
Secretary for purposes of the pilot program.
(2) Requirements for selection.--Each covered institution
selected by the Secretary for purposes of the pilot program
under subsection (a)(1) shall--
(A) currently maintain a satellite or extension
Senior Reserve Officers' Training Corps unit under
chapter 103 of title 10, United States Code, that is
located more than 20 miles from the host unit of such
unit; or
(B) establish and maintain a satellite or extension
Senior Reserve Officers' Training Corps unit that meets
the requirements in subparagraph (A).
(3) Preference in selection of institutions.--In selecting
covered institutions under this subsection for participation in
the pilot program under subsection (a)(1), the Secretary shall
give preference to covered institutions that are located within
20 miles of a military installation of the same Armed Force as
the host unit of the Senior Reserve Officers' Training Corps of
the covered institution concerned.
(4) Partnership activities.--The activities conducted under
the pilot program under subsection (a)(1) between a satellite
or extension Senior Reserve Officers' Training Corps unit and
the military installation concerned shall include such
activities designed to reduce barriers to participation in the
Senior Reserve Officers' Training Corps at the covered
institution concerned as the Secretary considers appropriate,
including measures to mitigate travel time and expenses in
connection with receipt of Senior Reserve Officers' Training
Corps instruction.
(d) Pilot Program on Financial Assistance for SROTC and CSPI
Members for Flight Training.--
(1) Eligibility for participation by srotc and cspi
members.--A member of a Senior Reserve Officers' Training Corps
unit, or a member of a Coast Guard College Student Pre-
Commissioning Initiative program, at a covered institution may
participate in the pilot program under subsection (a)(2) if the
member meets such academic requirements at the covered
institution, and such other requirements, as the Secretary
shall establish for purposes of the pilot program.
(2) Preference in selection of participants.--In selecting
members under this subsection for participation in the pilot
program under subsection (a)(2), the Secretary shall give a
preference to members who will pursue flight training under the
pilot program at a covered institution.
(3) Financial assistance for flight training.--
(A) In general.--The Secretary may provide any
member of a Senior Reserve Officers' Training Corps
unit or a College Student Pre-Commissioning Initiative
program who participates in the pilot program under
subsection (a)(2) financial assistance to defray,
whether in whole or in part, the charges and fees
imposed on the member for flight training.
(B) Flight training.--Financial assistance may be
used under subparagraph (A) for a course of flight
training only if the course meets Federal Aviation
Administration standards and is approved by the Federal
Aviation Administration and the applicable State
approving agency.
(C) Use.--Financial assistance received by a member
under subparagraph (A) may be used only to defray the
charges and fees imposed on the member as described in
that subparagraph.
(D) Cessation of eligibility.--Financial assistance
may not be provided to a member under subparagraph (A)
as follows:
(i) If the member ceases to meet the
academic and other requirements established
pursuant to paragraph (1).
(ii) If the member ceases to be a member of
the Senior Reserve Officers' Training Corps or
the College Student Pre-Commissioning
Initiative, as applicable.
(e) Evaluation Metrics.--The Secretary of Defense shall establish
metrics to evaluate the effectiveness of the pilot programs under
subsection (a).
(f) Reports.--
(1) Initial report.--Not later than 180 days after the
commencement of the pilot programs under subsection (a), the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the pilot programs. The report shall include the
following:
(A) A description of each pilot program, including
in the case of the pilot program under subsection
(a)(2) the requirements established pursuant to
subsection (d)(1).
(B) The evaluation metrics established under
subsection (e).
(C) Such other matters relating to the pilot
programs as the Secretary considers appropriate.
(2) Annual report.--Not later than 90 days after the end of
each fiscal year in which the Secretary carries out the pilot
programs, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the pilot programs during such fiscal year. Each
report shall include, for the fiscal year covered by such
report, the following:
(A) In the case of the pilot program required by
subsection (a)(1), a description of the partnerships
between satellite or extension Senior Reserve Officers'
Training Corps units and military installations under
the pilot program.
(B) In the case of the pilot program required by
subsection (a)(2), the following:
(i) The number of members of Senior Reserve
Officers' Training Corps units, and the number
of members of Coast Guard College Student Pre-
Commissioning Initiative programs, at covered
institutions selected for purposes of the pilot
program, including the number of such members
participating in the pilot program.
(ii) The number of recipients of financial
assistance provided under the pilot program,
including the number who--
(I) completed a ground school
course of instruction in connection
with obtaining a private pilot's
certificate;
(II) completed flight training, and
the type of training, certificate, or
both received;
(III) were selected for a pilot
training slot in the Armed Forces;
(IV) initiated pilot training in
the Armed Forces; or
(V) successfully completed pilot
training in the Armed Forces.
(iii) The amount of financial assistance
provided under the pilot program, broken out by
covered institution, course of study, and such
other measures as the Secretary considers
appropriate.
(C) Data collected in accordance with the
evaluation metrics established under subsection (e).
(3) Final report.--Not later than 180 days prior to the
completion of the pilot programs, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the pilot programs. The report
shall include the following:
(A) A description of the pilot programs.
(B) An assessment of the effectiveness of each
pilot program.
(C) A description of the cost of each pilot
program, and an estimate of the cost of making each
pilot program permanent.
(D) An estimate of the cost of expanding each pilot
program throughout all eligible Senior Reserve
Officers' Training Corps units and College Student Pre-
Commissioning Initiative programs.
(E) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of the pilot programs, including
recommendations for extending or making permanent the
authority for each pilot program.
(g) Definitions.--In this section:
(1) The term ``covered institution'' has the meaning given
that term in section 262(g)(2) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
(2) The term ``flight training'' means a course of
instruction toward obtaining any of the following:
(A) A private pilot's certificate.
(B) A commercial pilot certificate.
(C) A certified flight instructor certificate.
(D) A multi-crew pilot's license.
(E) A flight instrument rating.
(F) Any other certificate, rating, or pilot
privilege the Secretary considers appropriate for
purposes of this section.
(3) The term ``military installation'' means an
installation of the Department of Defense for the regular
components of the Armed Forces.
SEC. 519. REPORT REGARDING FULL-TIME NATIONAL GUARD DUTY IN RESPONSE TO
THE COVID-19 PANDEMIC.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report regarding how the Secretary
determined whether to authorize full-time National Guard duty in
response to the covered national emergency.
(b) Elements.--The report under this section shall include the
following:
(1) The number of requests described in subsection (a).
(2) The number of such requests approved and the number of
requests denied.
(3) For each such request--
(A) the time elapsed from receipt of request to
disposition of request; and
(B) whether costs (including pay and benefits for
members of the National Guard) were a factor in
determining whether to grant or deny the request.
(4) For each such request approved, the time elapsed from
approval to when the first such member of the National Guard
was placed on full-time National Guard duty in response to such
request.
(5) For each such request denied, the reason for denial and
how such denial was explained to the requestor.
(6) A description of how the process of review for such
requests differed from previous requests for full-time National
Guard duty under section 502(f) of title 32, United States
Code.
(7) Recommendations of the Secretary to improve the review
of such requests in order to better respond to such requests.
(c) Definitions.--In this section:
(1) The term ``covered national emergency'' means the
national emergency declared on March 13, 2020, by the President
under the National Emergencies Act (50 U.S.C. 1601 et seq.)
with respect to COVID-19.
(2) The term ``full-time National Guard duty'' has the
meaning given that term in section 101 of title 10, United
States Code.
SEC. 520. STUDY AND REPORT ON ROTC RECRUITMENT.
(a) Study.--The Secretary of Defense shall conduct a study that
assesses--
(1) the efforts of the Department of Defense to recruit
individuals to serve in the Junior Reserve Officers' Training
Corps and the Senior Reserve Officers' Training Corps over the
period of 10 years preceding the date of the study;
(2) whether members of the Armed Forces who served in the
Junior Reserve Officers' Training Corps are more or less likely
than members who served in the Senior Reserve Officers'
Training Corps to achieve or receive recommendations for higher
ranks;
(3) whether there is a correlation between race or
ethnicity and the rank ultimately achieved by such members; and
(4) the feasibility of establishing a program to create a
pathway for minorities into higher ranks within the military.
(b) Report.--Not later than December 31, 2022, the Secretary of
Defense shall submit to the congressional defense committee a report on
the results of the study conducted under subsection (a).
SEC. 520A. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS OF THE
NATIONAL GUARD SERVING UNDER ORDERS IN RESPONSE TO THE
CORONAVIRUS (COVID-19).
(a) In General.--The Secretary of Defense shall provide to a member
of the National Guard separating from active service after serving on
full-time National Guard duty pursuant to section 502(f) of title 32,
United States Code, the health benefits authorized under section 1145
of title 10, United States Code, for a member of a reserve component
separating from active duty, as referred to in subsection (a)(2)(B) of
such section 1145, if the active service from which the member of the
National Guard is separating was in support of the whole of government
response to the coronavirus (COVID-19).
(b) Definitions.--In this section, the terms ``active duty'',
``active service'', and ``full-time National Guard duty'' have the
meanings given those terms in section 101(d) of title 10, United States
Code.
SEC. 520B. QUARANTINE HOUSING FOR MEMBERS OF THE NATIONAL GUARD WHO
PERFORM CERTAIN DUTY IN RESPONSE TO THE COVID-19
EMERGENCY.
(a) In General.--The Secretary of Defense shall provide, to a
member of the National Guard who performs a period of covered duty,
housing for not fewer than 14 days immediately after the end of such
period of covered duty.
(b) Definitions.--In this section:
(1) The term ``covered duty'' means full-time National
Guard duty performed in response to the covered national
emergency.
(2) The term ``covered national emergency'' means the
national emergency declared on March 13, 2020, by the President
under the National Emergencies Act (50 U.S.C. 1601 et seq.)
with respect to COVID-19.
(3) The term ``full-time National Guard duty'' has the
meaning given that term in section 101 of title 10, United
States Code.
SEC. 520C. NATIONAL GUARD SUPPORT TO MAJOR DISASTERS.
(a) In General.--Section 502(f) of title 32, United States Code, is
amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Operations or missions authorized by the President or
the Secretary of Defense to support large scale, complex,
catastrophic disasters, as defined by section 311(3) of title
6, United States Code, at the request of a State governor.'';
and
(2) by adding at the end the following:
``(4) With respect to operations or missions described
under paragraph (2)(C), there is authorized to be appropriated
to the Secretary of Defense such sums as may be necessary to
carry out such operations and missions, but only if--
``(A) an emergency has been declared by the
governor of the applicable State; and
``(B) the President has declared the emergency to
be a major disaster for the purposes of the Robert T.
Stafford Disaster Relief and Emergency Assistance
Act.''.
(b) Report on Methods To Enhance Domestic Response to Large Scale,
Complex and Catastrophic Disasters.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, 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, shall
submit to the congressional defense, the Committees on
Transportation and Infrastructure and Homeland Security of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
their plan to establish policy and processes to implement the
authority provided by the amendments made by section 520. 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.
(2) Contents.--The report submitted under paragraph (1)
shall include a description of--
(A) the current policy and processes whereby
governors can request activation of the National Guard
under title 32, United States Code, as part of the
response to large scale, complex, catastrophic
disasters that are supported by the Federal Government
and, if no formal process exists in policy, the
Secretary of Defense shall provide a timeline and plan
to establish such a policy, including consultation with
the Council of Governors and the National Governors
Association;
(B) the Secretary of Defense's assessment, informed
by consultation with the Federal Emergency Management
Agency, the National Security Council, the Council of
Governors, and the National Governors Association,
regarding the sufficiency of current authorities for
the reimbursement of National Guard and Reserve
manpower during large scale, complex, catastrophic
disasters under title 10 and title 32, United States
Code, and specifically whether reimbursement
authorities are sufficient to ensure that military
training and readiness are not degraded to fund
disaster response, or invoking them degrades the
effectiveness of the Disaster Relief Fund;
(C) the Department of Defense's plan to ensure
there is parallel and consistent policy in the
application of the authorities granted under section
12304a of title 10, United States Code, and section
502(f) of title 32, United States Code, including--
(i) a description of the disparities
between benefits and protections under Federal
law versus State active duty;
(ii) recommended solutions to achieve
parity at the Federal level; and
(iii) recommended changes at the State
level, if appropriate;
(D) the Department of Defense's plan to ensure
there is parity of benefits and protections for
military members employed as part of the response to
large scale, complex, catastrophic disasters under
title 32 or title 10, United States Code, and
recommendations for addressing shortfalls; and
(E) a review, by the Federal Emergency Management
Agency, of the current policy for, and an assessment of
the sufficiency of, reimbursement authority for the use
of all National Guard and Reserve, both to the
Department of Defense and to the States, during large
scale, complex, catastrophic disasters, including any
policy and legal limitations, and cost assessment
impact on Federal funding.
SEC. 520D. AUTHORITY TO REINSTATE AND TRANSFER OFFICERS IN MEDICAL
SPECIALTIES IN THE RESERVE COMPONENTS OF THE ARMED FORCES
PREVIOUSLY RETIRED HONORABLY OR UNDER HONORABLE
CONDITIONS.
(a) In General.--Section 14703(b) of title 10, United States Code,
is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of an officer in a medical specialty described in
subsection (a) who was previously retired honorably or under honorable
conditions beyond the date described in paragraph (1)--
``(A) if the Secretary concerned determines it necessary,
the Secretary concerned may, with the consent of the officer,
reinstate the officer to an active status for such period as
the Secretary concerned determines appropriate; or
``(B) the officer may be transferred under section 716 of
this title to another armed force and reinstated to an active
status for such period as the Secretary concerned determines
appropriate.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading for section 14703 of
title 10, United States Code, is amended to read as follows:
``Sec. 14703. Retention of chaplains and officers in medical
specialties until specified age; retention,
reinstatement, and transfer of officers in medical
specialties beyond specified age''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1409 of such title is amended by striking
the item relating to section 14703 and inserting the following
new item:
``14703. Retention of chaplains and officers in medical specialties
until specified age; retention,
reinstatement, and transfer of officers in
medical specialties beyond specified
age.''.
SEC. 520E. REPORT REGARDING NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Not later than December 31, 2021, the Secretary of Defense shall
submit a report to the congressional defense committees regarding the
resources and authorities the Secretary determines necessary to
identify the effects of the National Guard Youth Challenge Program on
graduates of that program during the 5 years immediately preceding the
date of the report. Such resources shall include the costs of
identifying such effects beyond the 12-month, post-residential
mentoring period of that program.
SEC. 520F. PERMANENT SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR THE
RESERVE COMPONENTS.
Section 10219 of title 10, United States Code, is amended by
striking subsection (h).
Subtitle C--General Service Authorities and Correction of Military
Records
SEC. 521. TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE DUTY
IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS DURING WAR OR
NATIONAL EMERGENCY.
Section 688a of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Exception During Period of War or National Emergency.--The
limitations in subsections (c) and (f) shall not apply during time of
war declared by Congress or of national emergency declared by the
President.''.
SEC. 522. REENLISTMENT WAIVERS FOR PERSONS SEPARATED FROM THE ARMED
FORCES WHO COMMIT ONE MISDEMEANOR CANNABIS OFFENSE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations that permit any Secretary of a military department to grant
a reenlistment waiver to a covered person if the Secretary determines
that the reenlistment of that covered person is vital to the national
interest.
(b) Definitions.--In this section:
(1) The term ``covered person'' means an individual--
(A) who has been separated, discharged, dismissed,
or released from the Armed Forces; and
(B) who has admitted to or been convicted by a
court of competent jurisdiction of a single violation--
(i) of any law of a State or the United
States relating to the use or possession of
cannabis;
(ii) that constitutes a misdemeanor; and
(iii) that occurred while that individual
was not performing active service.
(2) The terms ``active service'' and ``military
department'' have the meanings given such terms in section 101
of title 10, United States Code.
SEC. 523. REVIEW OF SEAMAN TO ADMIRAL-21 PROGRAM; CREDIT TOWARDS
RETIREMENT.
(a) Review.--The Secretary of the Navy shall review personnel
records of all participants in the Seaman to Admiral-21 program during
fiscal years 2010 through 2014 to determine whether each participant
acknowledged, before entering a baccalaureate degree program, that
service during the baccalaureate degree program would not be included
when computing years of service for retirement.
(b) Credit.--For each participant described in subsection (a) for
whom the Secretary cannot find evidence of an acknowledgment described
in that subsection, the Secretary shall include service during the
baccalaureate degree program when computing--
(1) years of service; and
(2) retired or retainer pay.
(c) Report Required.--The Secretary shall submit a report to the
Committees on Armed Services of the Senate and House of Representatives
regarding the results of the review under subsection (a) and the number
of participants credited with service under subsection (b).
(d) Deadline.--The Secretary of the Navy shall carry out this
section not later than 180 days after the date of the enactment of this
Act.
SEC. 524. REPORT REGARDING REVIEWS OF DISCHARGES AND DISMISSALS BASED
ON SEXUAL ORIENTATION OR GENDER IDENTITY.
(a) Report Required.--Not later than September 30, 2021, the
Secretaries of Defense and Veterans Affairs shall jointly submit to
Congress a report regarding former members of the Armed Forces who--
(1) were discharged or dismissed from the Armed Forces;
(2) have applied to either Secretary for an upgrade in the
characterization of discharge or dismissal; and
(3) allege in such applications that such discharges or
dismissals arose from a policy of the Department of Defense
regarding the sexual orientation or gender identity of a
member.
(b) Elements.--The report under this section shall include the
number of applications described in subsection (a) and the percentages
of such applications granted and denied, disaggregated by--
(1) Armed Force;
(2) grade;
(3) race;
(4) ethnicity;
(5) gender;
(6) characterization of discharge or dismissal; and
(7) upgraded characterization of discharge or dismissal, if
applicable.
(c) Publication.--The Secretaries each shall publish the report
under this section on a publicly accessible website of the respective
department.
SEC. 525. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL SOURCES OF
INFORMATION TO DETERMINE ELIGIBILITY OF MEMBERS AND
FORMER MEMBERS OF THE ARMED FORCES FOR DECORATIONS AND
BENEFITS WHEN THE SERVICE RECORDS ARE INCOMPLETE BECAUSE
OF DAMAGE TO THE OFFICIAL RECORD.
Section 528 of National Defense Authorization Act for Fiscal Year
2020 (10 U.S.C. 1121 note; 133 Stat.1357) is amended--
(1) in the section heading, by inserting ``and benefits''
after ``decorations'';
(2) in subsection (a)--
(A) by inserting ``and the Secretary of Veterans
Affairs'' after ``military departments''; and
(B) by inserting ``and benefits'' after
``decorations'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Consultation.--The Secretary of Defense shall prepare the
guidelines in consultation with the Secretary of Veterans Affairs, with
respect to veterans benefits under title 38, United States Code, whose
eligibility determinations depend on the use of service records
maintained by the Department of Defense.''.
SEC. 526. REPORT ON BAD PAPER.
(a) Report Required.--Not later than September 1, 2021, the
Inspector General of the Department of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report regarding bad paper issued by the Department of Defense during
the 20 years preceding the date of the report.
(b) Elements.--The report shall include, with regards to members
who received bad paper, the following, if known:
(1) Sex.
(2) Age.
(3) Religion.
(4) Race.
(5) Ethnicity.
(6) Tribal affiliation.
(7) Sexual orientation.
(8) Reasons for discharge or dismissal.
(9) In a case of a bad conduct or medical discharge,
whether there is evidence the member suffered symptoms of
sexual trauma, including--
(A) post-traumatic stress disorder;
(B) going absent without leave or on unauthorized
absence;
(C) inability to complete duties or carry out
orders;
(D) insubordination;
(E) substance abuse;
(F) or substance addiction;
(10) Whether the member had filed a complaint within the
chain of command regarding--
(A) fraud, waste, or abuse of Federal funds;
(B) a violation of military or Federal law;
(C) a violation of the Uniform Code of Military
Justice;
(D) sexual assault;
(E) sexual harassment;
(F) sexual abuse;
(G) sexual trauma; or
(H) discrimination on the basis of sex, age,
religion, race, ethnicity, Tribal affiliation, or
sexual orientation.
(11) Armed Force.
(12) Any other information the Inspector General determines
appropriate.
(c) Interviews.--To prepare report under this section, the
Inspector General may interview veterans or other former members of the
Armed Forces.
(d) Bad Paper Defined.--In this section, ``bad paper'' means a
discharge or dismissal from the Armed Forces characterized as--
(1) dishonorable;
(2) bad conduct; or
(3) other than honorable.
Subtitle D--Military Justice and Other Legal Matters
SEC. 531. PUNITIVE ARTICLE ON VIOLENT EXTREMISM.
(a) Violent Extremism.--
(1) In general.--Subchapter X of chapter 47 of title 10,
United States Code, is amended by inserting after section 916
(article 116 of the Uniform Code of Military Justice) the
following new section (article):
``Sec. 916a. Art. 116a. Violent extremism
``(a) Prohibition.--Any person subject to this chapter who--
``(1) knowingly commits a covered offense against--
``(A) the Government of the United States; or
``(B) any person or class of people;
``(2)(A) with the intent to intimidate or coerce any person
or class of people; or
``(B) with the intent to influence, affect, or retaliate
against the policy or conduct of the Government of the United
States or any State; and
``(3) does so--
``(A) to achieve political, ideological, religious,
social, or economic goals; or
``(B) in the case of an act against a person or
class of people, for reasons relating to the race,
religion, color, ethnicity, sex, age, disability
status, national origin, sexual orientation, or gender
identity of the person or class of people concerned;
is guilty of violent extremism and shall be punished as a court-martial
may direct.
``(b) Attempts, Solicitation, and Conspiracy.--Any person who
attempts, solicits, or conspires to commit an offense under this
section shall be punished in the same manner as a person who completes
the offense.
``(c) Definitions.--In this section:
``(1) Covered offense.--The term `covered offense' means--
``(A) loss, damage, destruction, or wrongful
disposition of military property of the United States,
in violation of section 908 of this title (article
108);
``(B) waste, spoilage, or destruction of property
other than military property of the United States, in
violation of section 909 of this title (article 109);
``(C) communicating threats, in violation of
section 915 of this title (article 115);
``(D) riot or breach of peace, in violation of
section 916 of this title (article 116);
``(E) provoking speech or gestures, in violation of
section 917 of this title (article 117);
``(F) murder, in violation of section 918 of this
title (article 118);
``(G) manslaughter, in violation of section 919 of
this title (article 119);
``(H) larceny or wrongful appropriation, in
violation of section 921 of this title (article 121);
``(I) robbery, in violation of section 922 of this
title (article 122);
``(J) kidnapping, in violation of section 925 of
this title (article 125);
``(K) assault, in violation of section 928 of this
title (article 128);
``(L) conspiracy to commit an offense specified in
any of subparagraphs (A) through (K), as punishable
under section 881 of this title (article 81);
``(M) solicitation to commit an offense specified
in any of subparagraphs (A) through (K), as punishable
under section 882 of this title (article 82); or
``(N) an attempt to commit an offense specified in
any of subparagraphs (A) through (K), as punishable
under section 880 of this title (article 80).
``(2) State.--The term `State' includes any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other possession or territory of the
United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 916 (article 116) the following new
item:
``916a. 116a. Violent extremism.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
offenses committed on or after such date.
SEC. 532. PRESERVATION OF COURT-MARTIAL RECORDS.
Section 940a of title 10, United States Code (article 140a of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(d) Preservation of Court-Martial Records Without Regard to
Outcome.--The standards and criteria prescribed by the Secretary of
Defense under subsection (a) shall provide for the preservation of
general and special court-martial records, without regard to the
outcome of the proceeding concerned, for not fewer than 15 years.''.
SEC. 533. ELECTRONIC NOTARIZATION FOR MEMBERS OF THE ARMED FORCES.
Section 1044a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e)(1) A person named in subsection (b) may exercise the powers
described in subsection (a) through electronic means, including under
circumstances where the individual with respect to whom such person is
performing the notarial act is not physically present in the same
location as such person.
``(2) A determination of the authenticity of a notarial act
authorized in this section shall be made without regard to whether the
notarial act was performed through electronic means.
``(3) A log or journal of a notarial act authorized in this section
shall be considered for evidentiary purposes without regard to whether
the log or journal is in electronic form.''.
SEC. 534. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND REEMPLOYMENT
RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Clarification Regarding Definition of Rights and Benefits.--
Section 4303(2) of title 38, United States Code, is amended--
(1) by inserting ``(A)'' before ``The term''; and
(2) by adding at the end the following new subparagraph:
``(B) Any procedural protections or provisions set forth in
this chapter shall also be considered a right or benefit
subject to the protection of this chapter.''.
(b) Clarification Regarding Relation to Other Law and Plans for
Agreements.--Section 4302 of such title is amended by adding at the end
the following:
``(c)(1) Pursuant to this section and the procedural rights
afforded by subchapter III of this chapter, any agreement to arbitrate
a claim under this chapter is unenforceable, unless all parties consent
to arbitration after a complaint on the specific claim has been filed
in court or with the Merit Systems Protection Board and all parties
knowingly and voluntarily consent to have that particular claim
subjected to arbitration.
``(2) For purposes of this subsection, consent shall not be
considered voluntary when a person is required to agree to arbitrate an
action, complaint, or claim alleging a violation of this chapter as a
condition of future or continued employment, advancement in employment,
or receipt of any right or benefit of employment.''.
SEC. 535. TERMINATION OF TELEPHONE, MULTICHANNEL VIDEO PROGRAMMING, AND
INTERNET ACCESS SERVICE CONTRACTS BY SERVICEMEMBERS WHO
ENTER INTO CONTRACTS AFTER RECEIVING MILITARY ORDERS FOR
PERMANENT CHANGE OF STATION BUT THEN RECEIVE STOP
MOVEMENT ORDERS DUE TO AN EMERGENCY SITUATION.
(a) In General.--Section 305A(a)(1) of the Servicemembers Civil
Relief Act (50 U.S.C. 3956) is amended--
(1) by striking ``after the date the servicemember receives
military orders to relocate for a period of not less than 90
days to a location that does not support the contract.'' and
inserting ``after--''; and
(2) by adding at the end the following new subparagraphs:
``(A) the date the servicemember receives military
orders to relocate for a period of not less than 90
days to a location that does not support the contract;
or
``(B) the date the servicemember, while in military
service, receives military orders for a permanent
change of station, thereafter enters into the contract,
and then after entering into the contract receives a
stop movement order issued by the Secretary of Defense
in response to a local, national, or global emergency,
effective for an indefinite period or for a period of
not less than 30 days, which prevents the servicemember
from using the services provided under the contract.''.
(b) Retroactive Application.--The amendments made by this section
shall apply to stop movement orders issued on or after March 1, 2020.
SEC. 536. ABSENTEE BALLOT TRACKING PROGRAM.
(a) Establishment and Operation of Program.--Section 102(h) of the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20302(h)) is amended to read as follows:
``(h) Absentee Ballot Tracking Program.--
``(1) Requiring establishment and operation of program.--
The chief State election official, in coordination with local
election jurisdictions, shall establish and operate an absentee
ballot tracking program described in paragraph (2) for the use
of absent uniformed services voters and overseas voters.
``(2) Program described.--
``(A) Information on transmission and receipt of
absentee ballots.--An absentee ballot tracking program
described in this paragraph is a program under which--
``(i) the State or local election official
responsible for the transmission of absentee
ballots in an election for Federal office
operates procedures to track and confirm the
transmission of such ballots and to make
information on the transmission of such a
ballot available by means of online access
using the Internet site of the official's
office; and
``(ii) the State or local election official
responsible for the receipt of absentee ballots
in an election for Federal office operates
procedures to track and confirm the receipt of
such ballots and (subject to subparagraph (B))
to make information on the receipt of such a
ballot available by means of online access
using the Internet site of the official's
office.
``(B) Specific information on receipt of voted
absentee ballots.--The information required to be made
available under clause (ii) of subparagraph (A) with
respect to the receipt of a voted absentee ballot in an
election for Federal office shall include information
regarding whether the vote cast on the ballot was
counted, and, in the case of a vote which was not
counted, the reasons therefor. The appropriate State or
local election official shall make the information
described in the previous sentence available during the
30-day period that begins on the date on which the
results of the election are certified, or during such
earlier 30-day period as the official may provide.
``(3) Use of toll-free telephone number by officials
without internet site.--A program established and operated by a
State or local election official whose office does not have an
Internet site may meet the requirements of paragraph (2) if the
official has established and operates a toll-free telephone
number that may be used to obtain the information on the
transmission or receipt of the absentee ballot which is
required under such paragraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to an election held during 2022 or any succeeding
year.
SEC. 537. TRACKING MECHANISM AND REPORTING REQUIREMENTS FOR
SUPREMACIST, EXTREMIST, AND CRIMINAL GANG ACTIVITY IN THE
ARMED FORCES.
(a) Process Required.--The Secretary of Defense shall develop and
implement a process to track investigations, criminal and
administrative actions, and final determinations with respect to
conduct of members of the covered Armed Forces that is prohibited under
Department of Defense Instruction 1325.06, titled ``Handling Dissident
and Protest Activities Among Members of the Armed Forces'', or any
successor instruction.
(b) Elements.--The process under subsection (a) shall include the
following:
(1) A mechanism that military criminal investigative
organizations may use--
(A) to track criminal investigations into the
prohibited conduct described in subsection (a),
including a mechanism to track those investigations
that are forwarded to commanders for administrative
action;
(B) to provide relevant information from criminal
investigations and administrative actions to civilian
law enforcement agencies; and
(C) to track final administrative actions taken
with respect to investigations that are referred to
commanders.
(2) A mechanism commanders may use to provide information
to military criminal investigative organizations on any serious
conduct under consideration for administrative action or any
final administrative actions taken with respect to the
prohibited conduct described in subsection (a).
(3) A standardized database, shared among the covered Armed
Forces, to ensure that the tracking required under subsection
(a) is carried out in the same manner across such Armed Forces.
(c) Report.--Not later than December 1 of each year beginning after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report on the
process implemented under subsection (a). Each report shall include--
(1) the number of investigations, criminal and
administrative actions, and final determinations tracked over
the preceding year;
(2) the number of individuals discharged from the covered
Armed Forces due to activities prohibited under Department of
Defense Instruction 1325.06 and a description of the
circumstances that led to such discharges; and
(3) of the actions enumerated under paragraph (1), the
number of instances in which information on the conduct of a
member of the covered Armed Forces was referred to civilian law
enforcement agencies as a result of the investigation or
action.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary and the
Committee on Armed Services of the Senate; and
(B) the Committee on the Judiciary and the
Committee on Armed Services of the House of
Representatives.
(2) The term ``covered Armed Forces'' means the Army, the
Navy, the Air Force, and the Marine Corps.
SEC. 538. MILITARY-CIVILIAN TASK FORCE ON DOMESTIC VIOLENCE AND RELATED
INFORMATION COLLECTION ACTIVITIES.
(a) Military-Civilian Task Force on Domestic Violence.--
(1) Establishment.--The Secretary of Defense shall
establish a military-civilian task force on domestic violence
(in this section, referred to as the ``Task Force'').
(2) Duties.--The duties of the Task Force shall be to
analyze and develop recommendations, for implementation by the
Secretary, with respect to each of the following:
(A) The risk of domestic violence at various stages
of military service, including identification of--
(i) stages at which there is a higher than
average risk of domestic violence; and
(ii) stages at which the implementation of
domestic violence prevention strategies may
have the greatest preventive effect.
(B) The use and dissemination of domestic violence
prevention resources throughout the stages of military
service including providing new service members with
training in domestic violence prevention.
(C) How to best target prevention resources to
address those with a higher risk of domestic violence.
(D) The implementation of strategies to prevent
domestic violence by training, educating, and assigning
prevention-related responsibilities to--
(i) commanders;
(ii) medical, behavioral, and mental health
service providers;
(iii) family advocacy representatives;
(iv) Military Family Life Consultants; and
(v) other individuals and entities with
responsibilities that may be relevant to
addressing domestic violence.
(E) The efficacy of providing survivors of domestic
violence with the option to request expedited
transfers, and the effects of such transfers.
(F) Improvements to procedures for reporting
appropriate legal actions to the National Crime
Information Center and the efficacy of such procedures.
(G) The effects of domestic violence on--
(i) housing for military families;
(ii) the education of military dependent
children;
(iii) servicemember work assignments and
careers; and
(iv) the health of servicemembers and their
families, including short-term and long-term
health effects and effects on mental health.
(H) Age-appropriate training and education programs
for students attending schools operated by the
Department of Defense Education Activity that are
designed to assist such students in learning positive
relationship behaviors in families and with intimate
partners.
(I) The potential effects of requiring military
protective orders to be issued by a military judge and
whether such a requirement would increase the
enforcement of military protective orders by civilian
law enforcement agencies outside the boundaries of
military installations.
(J) Whether prevention of domestic violence would
be enhanced by raising the disposition authority for
offenses of domestic violence to an officer who is--
(i) in the grade of 0-6 or above;
(ii) in the chain of command of the
accused; and
(iii) authorized by chapter 47 of title 10,
United States Code (the Uniform Code of
Military Justice) to convene special courts
martial.
(K) How to improve access to resources for
survivors of domestic violence throughout the stages of
military service.
(L) Consideration of any other matters that the
Task Force determines to be relevant to--
(i) decreasing the frequency of domestic
violence committed by or upon members of the
covered Armed Forces and their dependents; and
(ii) reducing the severity of such
violence.
(3) Membership.--The Task Force shall be composed of the
following members:
(A) One or more representatives of family advocacy
programs of the Department of Defense.
(B) One or more representatives of the Defense
Advisory Committee on Women in the Services.
(C) One or more medical personnel of the Department
of Defense.
(D) One or more Judge Advocates General.
(E) One or more military police or other law
enforcement personnel of the covered Armed Forces.
(F) One or more military commanders.
(G) One or more individuals whose duties include
planning, executing, and evaluating training of the
covered Armed Forces.
(H) Civilians who are experts on domestic violence
or who provide services relating to domestic violence,
including--
(i) not fewer than two representatives from
the national domestic violence resource center
and the special issue resource centers referred
to in section 310 of the Family Violence
Prevention and Services Act (42 U.S.C. 10410);
(ii) not fewer than two representatives
from national domestic violence organizations;
(iii) not fewer than two representatives
from State domestic violence and sexual assault
coalitions; and
(iv) not fewer than two domestic violence
service providers who provide services in
communities located near military
installations.
(I) One or more representatives who are subject
matter experts on--
(i) scientific and other research relating
to domestic violence; and
(ii) science-based strategies for the
prevention, intervention, and response to
domestic violence.
(J) Civilian law enforcement personnel.
(K) One or more representatives from the Office on
Violence Against Women of the Department of Justice.
(L) One or more representatives of the Family
Violence Prevention and Services Program of the
Department of Health and Human Services.
(M) One or more representatives from the Centers
for Disease Control and Prevention.
(4) Appointment by secretary of defense.--
(A) In general.--The Secretary of Defense shall
appoint the members of the Task Force specified in
subparagraphs (A) through (M) of paragraph (3).
(B) Consultation.--
(i) Consultation with attorney general.--In
appointing members under subparagraph (K) of
paragraph 3, the Secretary of Defense shall
consult with the Attorney General.
(ii) Consultation with secretary of hhs.--
In appointing members under subparagraphs (L)
and (M) of such paragraph, the Secretary shall
consult with the Secretary of Health and Human
Services.
(C) Inclusion of certain personnel.--The Secretary
shall ensure that the members appointed by the
Secretary under this subparagraph include--
(i) representatives of the Office of the
Secretary of Defense;
(ii) general and flag officers;
(iii) noncommissioned officers; and
(iv) other enlisted personnel of the
covered Armed Forces.
(5) Total number of members.--The total number of members
appointed to the Task Force shall be not more than 25.
(6) Chairperson.--
(A) Nominee list.--On an annual basis, the Task
Force shall submit to the Secretary a list of members
of the Task Force who may be considered for the
position of chairperson of the Task Force.
(B) Selection.--From the list submitted to the
Secretary under subparagraph (A) for each year, the
Secretary of Defense shall designate one member of the
Task Force to serve as the chairperson of the Task
Force.
(C) Term.--The chairperson designated by the
Secretary under subparagraph (B) shall serve for a term
of 1 year and may serve for additional terms of 1 year
if redesignated as the chairperson by the Secretary
under such subparagraph.
(7) Meetings.--The first meeting of the Task Force shall
convene not later than 180 days after the date of the enactment
of this Act. Thereafter, the task Force shall meet in plenary
session not less frequently than once annually.
(8) Compensation and travel expenses.--Each member of the
Task Force shall serve without compensation (other than the
compensation to which such member may be entitled as a member
of the covered Armed Forces or an officer or employee of the
United States, as the case may be), but 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 the
member's home or regular places of business in the performance
of services for the Task Force.
(9) Site visits.--In the carrying out the duties described
in paragraph (2), members of the Task Force shall--
(A) on an annual basis, visit one or more military
installations outside the United States; and
(B) on a semiannual basis, visit one or more
military installations within the United States.
(10) Oversight and administration.--The Secretary of
Defense shall designate an appropriate organization within the
Office of the Secretary of Defense to--
(A) provide oversight of the Task Force;
(B) provide the Task Force with the personnel,
facilities, and other administrative support that is
necessary for the performance of the Task Force's
duties; and
(C) on a rotating basis, direct the Secretary of
each military department to--
(i) coordinate visits of the Task Force to
military installations; and
(ii) provide administrative, logistical,
and other support for the meetings of the Task
Force.
(11) Reports.--
(A) Reports to secretary.--
(i) Initial report.--Not later than 1 year
after the date on which the members of the Task
Force are appointed under paragraph (3), the
Task Force shall submit to the Secretary of
Defense recommendations with respect to each
matter described in paragraph (2).
(ii) Subsequent reports.--After submitting
the initial report under subparagraph (A), the
Task Force shall, from time to time, submit to
the Secretary of Defense such analyses and
recommendations as the Task Force considers
appropriate to improve the effectiveness of the
covered Armed Forces in responding to and
preventing domestic violence.
(B) Reports to congress.--On an annual basis until
the date on which the Task Force terminates under
paragraph (12), the Task Force shall submit to Congress
a report that includes--
(i) a description of any improvements in
the response of the covered Armed Forces to
domestic violence over the preceding year;
(ii) an explanation of any pending research
on domestic violence that may be relevant to
domestic violence involving members of the
covered Armed Forces; and
(iii) such analyses and recommendations as
the Task Force considers appropriate to improve
the effectiveness of the covered Armed Forces
in responding to and preventing domestic
violence.
(12) Termination.--
(A) In general.--Except as provided in subparagraph
(B), the Task Force shall terminate on the date that is
5 years after the date of the first meeting of the Task
Force.
(B) Continuation.--
(i) In general.--Subject to clause (ii),
the Secretary of Defense may continue the Task
Force for a period of up to 2 years after the
termination date applicable under subparagraph
(A) if the Secretary determines that
continuation of the Task Force is advisable and
appropriate.
(ii) Notice to congress.--If the Secretary
determines to continue the Task Force under
clause (i), not later than 90 days before the
termination date applicable under subparagraph
(A) and annually thereafter until the new date
of the termination of the Task Force, the
Secretary shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a notice describing the reasons
for the continuation and confirming the new
termination date.
(13) Implementation of recommendations.--
(A) In general.--Except as provided in subparagraph
(B), not later than 180 days after the date on which
the Secretary of Defense receives the initial report of
the Task Force under paragraph (11)(A)(i), the
Secretary shall, in consultation with the Task Force,
implement the recommendations of the Task Force with
respect to each matter described in paragraph (2).
(B) Waiver.--The Secretary of Defense may waive the
requirement under subparagraph (A) with respect to a
recommendation of the Task force by submitting to the
Committees on Armed Services of the Senate and the
House of Representatives a written notification setting
forth the reasons for the Secretary's decision not to
implement the recommendation.
(b) Information Collection and Reporting.--
(1) Information collection.--
(A) Regular information collection.--Using the
mechanism developed under subparagraph (B), the
Secretary of Defense shall regularly collect
information to measure the prevalence of domestic
violence involving members of the covered Armed Forces,
their intimate partners, and immediate family members.
(B) Mechanism to measure domestic violence.--The
Secretary of Defense, in coordination with the Centers
for Disease Control and civilian organizations with
expertise in conducting informational surveys, shall
develop a mechanism to carry out the information
collection required under subparagraph (A).
(2) Annual report on domestic violence.--
(A) Report required.--On an annual basis, the
Secretary of Defense shall submit to the congressional
defense committees a report on domestic violence in the
covered Armed Forces.
(B) Elements.--The report required under
subparagraph (A) shall include, with respect to the
year covered by the report, the following:
(i) Based on the information collected
under paragraph (1), an assessment of the
prevalence of domestic violence involving
members of the covered Armed Forces, their
intimate partners, and immediate family
members.
(ii) The number of convictions under
section 928b of title 10, United States Code
(article 128b of the Uniform Code of Military
Justice).
(iii) The recidivism rate for members of
the covered Armed Forces convicted of domestic
violence offenses.
(iv) The number instances in which a member
of the covered Armed Forces received an
administrative discharge as a result of the
member's involvement in a domestic violence
incident.
(v) The number of instances in which a
member of the covered Armed Forces was
prohibited from possessing firearms as a result
of the member's conviction for a domestic
violence offense.
(vi) Of the incidents described in clause
(v), the number of instances in which the
member received a waiver of such prohibition or
was otherwise allowed to access firearms for
duty purposes.
(vii) An explanation of the status of data
sharing between the Department of Defense and
civilian law enforcement agencies on matters
relating to domestic violence.
(c) Covered Armed Forces Defined.--In this section, the term
``covered Armed Forces'' means the Army, the Navy, the Air Force, and
the Marine Corps.
SEC. 539. ACTIONS TO ADDRESS MILITARY-CONNECTED CHILD ABUSE.
(a) In General.--Consistent with the recommendations of the
Government Accountability Office in the report titled ``Increased
Guidance and Collaboration Needed to Improve DOD's Tracking and
Response to Child Abuse'' (GAO-20-110), the Secretary of Defense shall
carry out activities to improve the ability of the Department of
Defense to effectively prevent, track, and respond to military-
connected child abuse.
(b) Activities Required.--The activities carried out under
subsection (a) shall include the following:
(1) The Secretary of Defense shall expand the scope of the
Department of Defense's centralized database on problematic
sexual behavior in children and youth to track information on
all incidents involving child abuse reported to a Family
Advocacy Program or investigated by a military law enforcement
organization, regardless of whether the perpetrator of the
abuse is another child, an adult, or a person in a
noncaregiving role at the time of the incident.
(2) The Secretary of Defense, in consultation with the
Secretary of each military department, shall ensure--
(A) that each Family Advocacy Program records, in a
database of the Program, the date on which the Program
notified a military law enforcement organization of a
reported incident of child abuse; and
(B) that each military law enforcement organization
records, in a database of the organization, the date on
which the organization notified a Family Advocacy
Program of a reported incident of child abuse.
(3) The Secretary of Defense, in consultation with the
Secretary of each military department, shall issue guidance
that clarifies the process through which the Family Advocacy
Program of a covered Armed Force will receive, and incorporate
into the Program's central registry, information regarding
child abuse allegations involving members of that a covered
Armed Force and dependents of such members in cases in which
such allegations were previously recorded by the Family
Advocacy Program of another covered Armed Force. Such guidance
shall include a mechanism for monitoring the process to ensure
that the process is carried out consistently.
(4) Each covered Armed Force shall develop a process to
monitor how reported incidents of child abuse are screened at
military installations to help ensure that all reported child
abuse incidents that should be presented to an Incident
Determination Committee are consistently presented and tracked.
(5) The Secretary of Defense shall ensure that the Under
Secretary of Defense for Personnel and Readiness, in
consultation with the Director of the Department of Defense
Education Activity, clarifies Department of Defense Education
Activity guidance to define what types of child abuse incidents
must be reported as serious incidents to help ensure that all
serious incidents of which Department of Defense Education
Activity leadership needs to be informed are accurately and
consistently reported by school administrators.
(6) The Secretary of Defense, in consultation with the
Secretaries of the military departments, shall--
(A) expand the voting membership of each Incident
Determination Committee to include medical personnel
with requisite knowledge and experience; and
(B) ensure, to the extent practicable, that voting
membership of a Committee includes medical personnel
with expertise in pediatric medicine in cases in which
a reported incident of child abuse is under review by
the Committee.
(7) Each covered Armed Force shall implement procedures to
provide the families of child abuse victims with comprehensive
information on how reported incidents of child abuse will be
addressed. Such practices may include the development of a
guide that--
(A) explains the processes the Family Advocacy
Program and military law enforcement organizations will
follow to address the report; and
(B) identifies services and other resources
available to victims and their families.
(8) The Secretary of Defense, in consultation with the
Secretaries of the military departments, shall issue guidance
to clarify the circumstances under which military commanders
may exercise the authority to remove a child from a potentially
unsafe home on a military installation outside the United
States.
(9) The Secretary of Defense shall ensure that the Under
Secretary of Defense for Personnel and Readiness, in
consultation with the Director of the Defense Health Agency,
establishes processes that help ensure children who are
sexually abused outside the United States have timely access to
a certified pediatric sexual assault forensic examiner to
conduct an examination. Such processes may include certifying
pediatricians, or adult sexual assault forensic examiners who
have pediatric sexual assault nurse examiner training in a
multidisciplinary team setting, as pediatric examiners during
mandatory training or establishing shared regional assets.
(10) The Secretary of Defense, in consultation with the
Deputy Attorney General, shall establish procedures for
military criminal investigative organizations to communicate
with United States Attorneys, State Attorneys General, and
local prosecutors for relevant cases involving child victims,
including establishing protocols that--
(A) ensure that military investigators are notified
when a prosecution is declined;
(B) provide notice to victims of the status of
prosecutions and, as applicable, the reasons for the
declination to prosecute;
(C) arrange for specialized victim services outside
of the Department of Defense to be provided to juvenile
victims to the extent possible;
(D) facilitate legal assistance or other civil
legal aid services to juvenile victims; and
(E) ensure that juveniles accused of crimes are, to
the extent possible, provided defense counsel who are
trained in representing juveniles.
(11) The Secretary of each military department shall seek
to develop a memorandum of understanding with the National
Children's Alliance that makes children's advocacy center
services and protocols available to all military installations
of the department and increases awareness of those services
across the department.
(c) Deadline.--The Secretary of Defense shall carry out the
activities described in subsection (b) not later than 1 year after the
date of the enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``child abuse'' means any abuse of a child
(including physical abuse, sexual abuse, emotional abuse, and
neglect) regardless of whether the perpetrator of the abuse is
another child, an adult, or a person in a noncaregiving role.
(2) The term ``covered Armed Forces'' means the Army, Navy,
Air Force, Marine Corps, and Space Force.
(3) The term ``Incident Determination Committee'' means a
committee established at a military installation that is
responsible for reviewing reported incidents of child abuse and
determining whether such incidents constitute child abuse
according to the applicable criteria of the Department of
Defense.
(4) The term ``military-connected'', when used with respect
to child abuse, means child abuse occurring on a military
installation or involving a dependent of a member of the
covered Armed Forces.
SEC. 540. MULTIDISCIPLINARY BOARD TO EVALUATE SUICIDE EVENTS.
(a) Guidance Required.--The Secretary of Defense shall issue
guidance that requires each suicide event involving of a member of a
covered Armed Force to be reviewed by a multidisciplinary board
established at the command or installation level. Such guidance shall
require that, for each suicide event reviewed by such a board, the
board will--
(1) clearly define the objective, purpose, and outcome of
the review;
(2) take a multidisciplinary appraoch to the review and
include, as part of the review process, leaders of military
units, medical and mental health professionals, and
representatives of military criminal investigative
organizations;
(3) obtain the data necessary to make a comprehensive
Department of Defense suicide event report submission; and
(4) take appropriate steps to protect and share information
obtained from ongoing investigations into the event (such as
medical and law enforcement reports).
(b) Implementation by Covered Armed Forces.--Not later than 90 days
after the date on which the guidance is issued under subsection (a),
the chiefs of the covered Armed Forces shall implement the guidance.
(c) Progress Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the progress of the
Secretary in implementing the guidance required under subsection (a).
(d) Covered Armed Forces Defined.--In this section, the term
``covered Armed Forces'' means the Army, Navy, Air Force, Marine Corps,
and Space Force.
SEC. 540A. TO RESOLVE CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF
ACT.
(a) In General.--Section 102 of the Servicemembers Civil Relief Act
(50 U.S.C. 3912) is amended by adding at the end the following new
subsection:
``(d) Written Consent Required for Arbitration.--Notwithstanding
any other provision of law, whenever a contract with a servicemember,
or a servicemember and the servicemember's spouse jointly, provides for
the use of arbitration to resolve a controversy subject to a provision
of this Act and arising out of or relating to such contract,
arbitration may be used to settle such controversy only if, after such
controversy arises, all parties to such controversy consent in writing
to use arbitration to settle such controversy.''.
(b) Applicability.--Subsection (d) of such section, as added by
subsection (a), shall apply with respect to contracts entered into,
amended, altered, modified, renewed, or extended after the date of the
enactment of this Act.
SEC. 540B. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil Relief
Act (50 U.S.C. 3918(a)) is amended--
(1) in the second sentence, by inserting ``and if it is
made after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``to which it applies''; and
(2) in the third sentence, by inserting ``and if it is made
after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``period of military
service''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to waivers made on or after the date of the
enactment of this Act.
SEC. 540C. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C.
4042(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
notwithstanding any previous agreement to the contrary,'' after
``may''; and
(2) in paragraph (3), by striking ``, notwithstanding any
previous agreement to the contrary''.
SEC. 540D. REQUIREMENT OF CERTAIN CERTIFICATION BEFORE DEPORTATION OF A
SPOUSE OF A MEMBER OF THE ARMED FORCES.
(a) In General.--A spouse of a member of the Armed Forces may not
be removed from the United States until the Secretary concerned
certifies to the congressional defense committees that--
(1) the Secretary concerned has determined that such
removal shall not negatively affect the morale, welfare, or
well-being of that member;
(2) the Secretary concerned has reviewed all information,
including extenuating circumstances, relating to such removal;
and
(3) the Secretary concerned has assisted the member and
spouse to the greatest extent practicable.
(b) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 540E. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES AND MOTOR
VEHICLES OF SERVICEMEMBERS WHO INCUR CATASTROPHIC INJURY
OR ILLNESS OR DIE WHILE IN MILITARY SERVICE.
(a) Catastrophic Injuries and Illnesses.--Paragraph (4) of section
305(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(a)), as
added by section 545 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is amended to read as follows:
``(4) Catastrophic injury or illness of lessee.--
``(A) Termination.--If the lessee on a lease
described in subsection (b) incurs a catastrophic
injury or illness during a period of military service
or while performing covered service, during the one-
year period beginning on the date on which the lessee
incurs such injury or illness--
``(i) the lessee may terminate the lease;
or
``(ii) in the case of a lessee who lacks
the mental capacity to contract or to manage
his or her own affairs (including disbursement
of funds without limitation) due to such injury
or illness, the spouse or dependent of the
lessee may terminate the lease.
``(B) Definitions.--In this paragraph:
``(i) The term `catastrophic injury or
illness' has the meaning given that term in
section 439(g) of title 37, United States Code.
``(ii) The term `covered service' means
full-time National Guard duty, active Guard and
Reserve duty, or inactive-duty training (as
such terms are defined in section 101(d) of
title 10, United States Code).''.
(b) Deaths.--Paragraph (3) of such section is amended by striking
``The spouse of the lessee'' and inserting ``The spouse or dependent of
the lessee''.
SEC. 540F. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.
Section 101(b) of the NICS Improvement Amendments Act of 2007 (34
U.S.C. 40911(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1), the following new
paragraph (2):
``(2) Department of defense.--Not later than 3 business
days after the final disposition of a judicial proceeding
conducted within the Department of Defense, the Secretary of
Defense shall make available to the Attorney General records
which are relevant to a determination of whether a member of
the Armed Forces involved in such proceeding is disqualified
from possessing or receiving a firearm under subsection (g) or
(n) of section 922 of title 18, United States Code, for use in
background checks performed by the National Instant Criminal
Background Check System.''.
SEC. 540G. PROHIBITION ON CERTAIN COMMUNICATIONS REGARDING COURTS-
MARTIAL.
Section 825 of title 10, United States Code (article 25 of the
Uniform Code of Military Justice) is amended by adding at the end the
following new subsection:
``(g) No individual may provide a briefing concerning a potential
or pending court-martial to a member of the armed forces who may be
selected to serve on the court-martial.''.
SEC. 540H. TERMINATION OF CONTRACTS FOR TELEPHONE, MULTICHANNEL VIDEO
PROGRAMMING, OR INTERNET ACCESS SERVICE BY CERTAIN
INDIVIDUALS UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Section 305A(a) of the Servicemembers Civil Relief Act (50 U.S.C.
3956(a)) is amended by adding at the end the following new paragraph:
``(4) Additional individuals covered.--For purposes of this
section, the following individuals shall be treated as a
servicemember covered by paragraph (1):
``(A) A spouse or dependent of a servicemember who
dies while in military service or a spouse or dependent
of a member of the reserve components who dies while
performing duty described in subparagraph (C).
``(B) A spouse or dependent of a servicemember who
incurs a catastrophic injury or illness (as that term
is defined in section 439(g) of title 37, United States
Code), if the servicemember incurs the catastrophic
injury or illness while performing duty described in
subparagraph (C).
``(C) A member of the reserve components performing
military service or performing full-time National Guard
duty, active Guard and Reserve duty, or inactive-duty
training (as such terms are defined in section 101(d)
of title 10, United States Code).''.
SEC. 540I. REPORT ON DRUG DEMAND REDUCTION PROGRAM MODERNIZATION.
(a) In General.--Not later than 180 days after the enactment of
this Act, the Secretary of Defense shall deliver a report to the
Committees on Armed Services of the Senate and House of Representatives
regarding the efficacy of using point of collection testing (in this
section referred to as ``POCT'') devices to modernize the drug demand
reduction program (in this section referred to as ``DDRP'') random
urinalysis testing.
(b) Evaluation Criteria.--The report shall include the following:
(1) The extent to which use of POCT devices streamline
current urinalysis testing processes and communications, while
maintaining specimen chain of custody for use in associated
administrative and military justice activities if needed.
(2) An assessment of the effectiveness of the POCT devices
for DDRP random urinalysis testing while ensuring specimen
chain of custody.
(3) A 10-year projection and assessment of the cost savings
associated with the use of POCT devices in the DDRP random
urinalysis testing.
(4) The methodology for calculating the 10-year cost
projection.
(5) An assessment of any other suggested changes to
modernize the DDRP program.
(6) A summary of any programmatic or logistical barriers to
effectively carrying out the use of POCT devices in the DDRP
testing.
SEC. 540J. QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW FOR COURTS
OF CRIMINAL APPEALS.
(a) Qualifications of Certain Judges.--Section 866(a) of title 10,
United States Code (article 66(a) of the Uniform Code of Military
Justice), is amended--
(1) by striking ``Each Judge'' and inserting:
``(1) In general.--Each Judge''; and
(2) by adding at the end the following new paragraph:
``(2) Additional qualifications.--In addition to any other
qualifications specified in paragraph (1), any commissioned
officer or civilian assigned as an appellate military judge to
a Court of Criminal Appeals shall have not fewer than 12 years
of experience in the practice of law before such assignment.''.
(b) Standard of Review.--Paragraph (1) of section 866(d) of title
10, United States Code (article 66(d) of the Uniform Code of Military
Justice), is amended to read as follows:
``(1) Cases appealed by accused.--
``(A) In general.--In any case before the Court of
Criminal Appeals under subsection (b), the Court may
act only with respect to the findings and sentence as
entered into the record under section 860c of this
title (article 60c). The Court may affirm only such
findings of guilty, and the sentence or such part or
amount of the sentence, as the Court finds correct in
law, and in fact in accordance with subparagraph (B),
and determines, on the basis of the entire record,
should be approved.
``(B) Factual sufficiency review.--
``(i) In an appeal of a finding of guilty
or sentence under paragraph (1)(A), (1)(B), or
(2) of subsection (b), the Court may consider
whether the finding is correct in fact upon
request of the accused if the accused makes a
specific showing of a deficiency in proof.
``(ii) After an accused has made such a
showing, the Court may weigh the evidence and
determine controverted questions of fact
subject to--
``(I) appropriate deference to the
fact that the trial court saw and heard
the witnesses and other evidence; and
``(II) appropriate deference to
findings of fact entered into the
record by the military judge.
``(iii) If, as a result of the review
conducted under clause (ii), the Court is
clearly convinced that the finding of guilty or
sentence was against the weight of the
evidence, the Court may dismiss or set aside
the finding, or affirm a lesser finding.
``(C) Review by full court.--Any determination by
the Court that a finding was clearly against the weight
of the evidence under subparagraph (B) shall be
reviewed by the Court sitting as a whole.''.
(c) Inclusion of Additional Information in Annual Reports.--Section
946a(b)(2) of title 10, United States Code (article 146a(b)(2) of the
Uniform Code of Military Justice), is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) An analysis of each case in which a Court of
Criminal Appeals made a final determination that a
finding of a court-martial was clearly against the
weight of the evidence, including an explanation of the
standard of appellate review applied in such case.''.
SEC. 540K. RIGHT TO NOTICE OF VICTIMS OF OFFENSES UNDER THE UNIFORM
CODE OF MILITARY JUSTICE REGARDING CERTAIN POST-TRIAL
MOTIONS, FILINGS, AND HEARINGS.
Section 806b(a)(2) of title 10, United States Code (article
6b(a)(2)) of the Uniform Code of Military Justice), is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) A post-trial motion, filing, or hearing that
may address the finding or sentence of a court-martial
with respect to the accused, unseal privileged or
private information of the victim, or result in the
release of the accused.''.
Subtitle E--Sexual Assault
SEC. 541. PROTECTION OF ATTORNEY-CLIENT PRIVILEGE BETWEEN VICTIMS AND
SPECIAL VICTIMS' COUNSEL.
(a) Special Victims' Counsel.--Subsection (c) of section 1044e of
title 10, United States Code, is amended to read as follows:
``(c) Nature of Relationship.--
``(1) Attorney-client relationship.--The relationship
between a Special Victims' Counsel and a victim in the
provision of legal advice and assistance shall be the
relationship between an attorney and client.
``(2) Testimony in legal proceedings.--During any criminal
legal proceeding in which a Special Victims' Counsel is asked
to testify or give evidence, the Special Victims' Counsel shall
be given the same consideration as counsel for the Government
and counsel for the accused.''.
(b) Revision to Military Rules of Evidence.--Not later than 180
days after the date of the enactment of this Act, Rule 502 of the
Military Rules of Evidence shall be modified to provide that the
privilege between a Special Victims' Counsel and a client shall be the
same as lawyer-client privilege.
SEC. 542. AUTHORITY OF MILITARY JUDGES AND MILITARY MAGISTRATES TO
ISSUE MILITARY COURT PROTECTIVE ORDERS.
(a) Judge-Issued Military Court Protective Orders.--Chapter 80 of
title 10, United Stated Code, is amended by adding at the end the
following new section:
``Sec. 1567b. Authority of military judges and military magistrates to
issue military court protective orders
``(a) Authority To Issue Military Court Protective Orders.--The
President shall prescribe regulations authorizing military judges and
military magistrates to issue protective orders in accordance with this
section. A protective order issued in accordance with this section
shall be known as a `military court protective order'. Under the
regulations prescribed by the President, military judges and military
magistrates shall have exclusive jurisdiction over the issuance,
appeal, renewal, and termination of military court protective orders
and such orders may not be issued, appealed, renewed, or terminated by
State, local, territorial, or tribal courts.
``(b) Enforcement by Civilian Authorities.--
``(1) In general.--In prescribing regulations for military
court protective orders, the President shall seek to ensure
that the protective orders are issued in a form and manner that
is enforceable by State, local, territorial, and tribal
civilian law enforcement authorities.
``(2) Full faith and credit.--Any military court protective
order, should be accorded full faith and credit by the court of
a State, local, territorial, or tribal jurisdiction (the
enforcing jurisdiction) and enforced by the court and law
enforcement personnel of that jurisdiction as if it were the
order of the enforcing jurisdiction.
``(3) Reciprocity agreements.--Consistent with paragraphs
(1) and (2), the Secretary of Defense shall seek to enter into
reciprocity agreements with State, local, territorial, and
tribal civilian law enforcement authorities under which--
``(A) such authorities agree to enforce military
court protective orders; and
``(B) the Secretary agrees to enforce protective
orders issued by such authorities that are consistent
with section 2265(b) of title 18.
``(c) Purpose and Form of Issuance.--A military court protective
order may be issued for the purpose of protecting a victim of an
alleged sex or domestic violence offense, or a family member or
associate of the victim, from a person subject to chapter 47 of this
title (the Uniform Code of Military Justice) who is alleged to have
committed such an offense.
``(d) Timing and Manner of Issuance.--A military court protective
order may be issued--
``(1) by a military magistrate, before referral of charges
and specifications to court-martial for trial, at the request
of--
``(A) a victim of an alleged sex or domestic
violence offense; or
``(B) a Special Victims' Counsel or other qualified
counsel acting on behalf of the victim; or
``(2) by a military judge, after referral of charges and
specifications to court-martial for trial, at the request of
qualified counsel, which may include a Special Victims' Counsel
acting on behalf of the victim or trial counsel acting on
behalf of the prosecution.
``(e) Duration and Renewal of Protective Order.--
``(1) Duration.--A military court protective order shall be
issued for an initial period of thirty days and may be reissued
for one or more additional periods of 30 days in accordance
with paragraph (2).
``(2) Expiration and renewal.--Before the expiration of any
30-day period during which a military court protective order is
in effect, a military judge or military magistrate shall review
the order to determine whether the order will terminate at the
expiration of such period or be reissued for an additional
period of 30 days.
``(3) Notice to protected persons.--If a military judge or
military magistrate determines under paragraph (2) that a
military court protective order will terminate, the judge or
magistrate concerned shall provide to each person protected by
the order reasonable, timely, and accurate notification of the
termination.
``(f) Review of Magistrate-Issued Orders.--
``(1) Review.--A military judge, at the request of the
person subject to a military court protective order that was
issued by a military magistrate, may review the order to
determine if the order was properly issued by the magistrate.
``(2) Standards of review.--A military judge who reviews an
order under paragraph (1) shall terminate the order if the
judge determines that--
``(A) the military magistrate's decision to issue
the order was an abuse of discretion, and there is not
sufficient information presented to the military judge
to justify the order; or
``(B) information not presented to the military
magistrate establishes that the military court
protective order should be terminated.
``(g) Due Process.--
``(1) Protection of due process.--Except as provided in
paragraph (2), a protective order authorized under subsection
(a) may be issued only after reasonable notice and opportunity
to be heard, directly or through counsel, is given to the
person against whom the order is sought sufficient to protect
that person's right to due process.
``(2) Emergency orders.--A protective order on an emergency
basis may be issued on an ex parte basis under such rules and
limitations as the President shall prescribe. In the case of ex
parte orders, notice and opportunity to be heard must be
provided within a reasonable time after the order is issued,
sufficient to protect the respondent's due process rights.
``(h) Rights of Victim.--The victim of an alleged sex or domestic
violence offense who seeks a military court protective order has, in
addition to any rights provided under section 806b (article 6b), the
following rights with respect to any proceeding involving the
protective order:
``(1) The right to reasonable, accurate, and timely notice
of the proceeding and of any change in the status of the
protective order resulting from the proceeding.
``(2) The right to be reasonably heard at the proceeding.
``(3) The right to appear in person, with or without
counsel, at the proceeding.
``(4) The right be represented by qualified counsel in
connection with the proceeding, which may include a Special
Victims' Counsel.
``(5) The reasonable right to confer with a representative
of the command of the accused and counsel representing the
government at the proceeding, as applicable.
``(6) The right to submit a written statement, directly or
through counsel, for consideration by the military judge or
military magistrate presiding over the proceeding.
``(i) Restrictions on Access to Firearms.--
``(1) In general.--Notwithstanding any other provision of
law--
``(A) a military court protective order issued on
an ex parte basis shall restrain a person from
possessing, receiving, or otherwise accessing a
firearm; and
``(B) a military court protective order issued
after the person to be subject to the order has
received notice and opportunity to be heard on the
order, shall restrain such person from possessing,
receiving, or otherwise accessing a firearm in
accordance with section 922 of title 18.
``(2) Notice to attorney general.--Not later than 72 hours
after the issuance of an order described in paragraph (1), the
Secretary of Defense shall submit to the Attorney General a
record of the order.
``(j) Treatment as Lawful Order.--A military court protective order
shall be treated as a lawful order for purposes of the application of
section 892 (article 92) and a violation of such an order shall be
punishable under such section (article).
``(k) Command Matters.--
``(1) Inclusion in personnel file.--Any military court
protective order against a member shall be placed and retained
in the military personnel file of the member.
``(2) Notice to civilian law enforcement of issuance.--Any
military court protective order against a member shall be
treated as a military protective order for purposes of section
1567a including for purposes of mandatory notification of
issuance to civilian law enforcement as required by that
section.
``(l) Relationship to Other Authorities.--Nothing in this section
may be construed as prohibiting--
``(1) a commanding officer from issuing or enforcing any
otherwise lawful order in the nature of a protective order to
or against members of the officer's command;
``(2) pretrial restraint in accordance with Rule for
Courts-Martial 304 (as set forth in the Manual for Courts-
Martial, 2019 edition, or any successor rule); or
``(3) pretrial confinement in accordance with Rule for
Courts-Martial 305 (as set forth in the Manual for Courts-
Martial, 2019 edition, or any successor rule).
``(m) Delivery to Certain Persons.--A physical and electronic copy
of any military court protective order shall be provided, as soon as
practicable after issuance, to the following:
``(1) The person or persons protected by the protective
order or to the guardian of such a person if such person is
under the age of 18 years.
``(2) The person subject to the protective order.
``(3) To such commanding officer in the chain of command of
the person subject to the protective order as the President
shall prescribe for purposes of this section.
``(n) Definitions.--In this section:
``(1) Contact.--The term `contact' includes contact in
person or through a third party, or through gifts.
``(2) Communication.--The term `communication' includes
communication in person or through a third party, and by
telephone or in writing by letter, data fax, or other
electronic means.
``(3) Covered sex or domestic violence offense.--The term
`covered sex or domestic violence offense' means--
``(A) an alleged sex-related offense (as defined in
section 1044e(h)); or
``(B) an alleged offense of domestic violence under
section 928b of this title (article 128b of the Uniform
Code of Military Justice) or an attempt to commit such
an offense that is punishable under section 880 of this
title (article 80 of the Uniform Code of Military
Justice).
``(4) Military judge and military magistrate.--The terms
`military judge' and `military magistrate' mean a commissioned
officer of the armed forces who is a member of the bar of a
Federal court or a member of the bar of the highest court of a
State and who is certified to be qualified, by reason of
education, training, experience, and judicial temperament, for
duty as a military judge or magistrate by the Judge Advocate
General of the armed force of which the officer is a member.
``(5) Protective order.--The term `protective order' means
an order that--
``(A) restrains a person from harassing, stalking,
threatening, or otherwise contacting or communicating
with a victim of an alleged sex or domestic violence
offense, or a family member or associate of the victim,
or engaging in other conduct that would place such
other person in reasonable fear of bodily injury to any
such other person;
``(B) by its terms, explicitly prohibits--
``(i) the use, attempted use, or threatened
use of physical force by the person against a
victim of an alleged sex or domestic violence
offense, or a family member or associate of the
victim, that would reasonably be expected to
cause bodily injury;
``(ii) the initiation by the person
restrained of any contact or communication with
such other person; or
``(iii) actions described by both clauses
(i) and (ii).
``(6) Special victims' counsel.--The term `Special Victims
Counsel' means a Special Victims' Counsel described in section
1044e and includes a Victims' Legal Counsel of the Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1567b. Authority of military judges and military magistrates to issue
military court protective orders.''.
(c) Implementation.--The President shall prescribe regulations
implementing section 1567b of title 10, United States Code, not later
than 1 year after the date of the enactment of this Act.
SEC. 543. ADDITIONAL BASES FOR PROVISION OF ADVICE BY THE DEFENSE
ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL
MISCONDUCT.
Section 550B(c)(2) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended--
(1) by redesignating subparagraph (C) as subparagraph (E);
and
(2) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) Efforts among private employers to prevent
sexual assault and sexual harassment among their
employees.
``(D) Evidence-based studies on the prevention of
sexual assault and sexual harassment in the Armed
Forces, institutions of higher education, and the
private sector.''.
SEC. 544. MODIFICATION OF REPORTING AND DATA COLLECTION ON VICTIMS OF
SEXUAL OFFENSES.
Section 547 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1561 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``accused of'' and
inserting ``suspected of''; and
(ii) by striking ``assault'' and inserting
``offense'';
(B) in paragraph (2), by striking ``accused of''
and inserting ``suspected of''; and
(C) in paragraph (3)--
(i) by striking ``assaults'' and inserting
``offenses''; and
(ii) by striking ``an accusation'' and
inserting ``suspicion of'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (b) the following new
subsection:
``(b) Guidance Required.--The Secretary of Defense shall issue
guidance to ensure the uniformity of the data collected by each Armed
Force for purposes of subsection (a). At a minimum, such guidance shall
establish--
``(1) standardized methods for the collection of the data
required to be reported under such subsection; and
``(2) standardized definitions for the terms `sexual
offense', `collateral miconduct', and `adverse action'.''; and
(4) by amending subsection (c), as so redesignated, to read
as follows:
``(c) Definitions.--In this section:
``(1) The term `covered individual' means an individual who
is identified in the case files of a military criminal
investigative organization as a victim of a sexual offense that
occurred while that individual was serving on active duty as a
member of the Armed Forces.
``(2) The term `suspected of', when used with respect to a
covered individual suspected of collateral misconduct or crimes
as described in subsection (a), means that an investigation by
a military criminal investigative organization reveals facts
and circumstances that would lead a reasonable person to
believe that the individual committed an offense under chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice).''.
SEC. 545. MODIFICATION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS
INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Submission to Congress.--Section 1631(d) of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 10 U.S.C. 1561 note) is amended by inserting ``and the
Committees on Veterans' Affairs of the Senate and the House of
Representatives'' after ``House of Representatives''.
(b) Applicability.--The amendment made by subsection (a) shall take
effect on the date of the enactment of this Act and shall apply to
reports required to be submitted under section 1631 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 10 U.S.C. 1561 note) on or after such date.
SEC. 546. COORDINATION OF SUPPORT FOR SURVIVORS OF SEXUAL TRAUMA.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretaries of Defense and Veterans Affairs
shall jointly develop, implement, and maintain a standard of
coordinated care for members of the Armed Forces who are survivors of
sexual trauma. Such standard shall include the following:
(b) Minimum Elements.--The standard developed and implemented under
subsection (a) by the Secretaries of Defense and Veterans Affairs shall
include the following:
(1) Information for members of the armed forces.--The
Secretary of Defense shall ensure that--
(A) Sexual Assault Response Coordinators and
Uniformed Victim Advocates receive annual training on
resources of the Department of Veterans Affairs
regarding sexual trauma;
(B) information regarding services furnished by the
Secretary of Veterans Affairs to survivors of sexual
trauma is provided to each such survivor; and
(C) information described in subparagraph (B) is
posted in the following areas in each facility of the
Department of Defense:
(i) An office of the Family Advocacy
Program.
(ii) An office of a mental health care
provider.
(iii) Each area in which sexual assault
prevention staff normally post notices or
information.
(iv) High-traffic areas (including dining
facilities).
(2) Coordination between staff of the departments.--The
Secretaries shall ensure that a Sexual Assault Response
Coordinator or Uniformed Victim Advocate of the Department of
Defense who receives a report of an instance of sexual trauma
connects the survivor to the Military Sexual Trauma Coordinator
of the Department of Veterans Affairs at the facility of that
Department nearest to the residence of that survivor if that
survivor is a member separating or retiring from the Armed
Forces.
(c) Reports.--
(1) Report on residential treatment.--Not later than 180
days after the date of the enactment of this Act, the
Secretaries of Defense and Veterans Affairs shall provide a
report to the appropriate committees of Congress regarding the
availability of residential treatment programs for survivors of
sexual trauma, including--
(A) barriers to access for such programs; and
(B) resources required to reduce such barriers.
(2) Initial report.--Upon implementation of the standard
under subsection (a), the Secretaries of Defense and Veterans
Affairs shall jointly submit to the appropriate committees of
Congress a report on the standard.
(3) Progress reports.--Not later than 180 days after
submitting the initial report under paragraph (2), and on
December 1 of each subsequent year, the Secretaries of Defense
and Veterans Affairs shall jointly submit to the appropriate
committees of Congress a report on the progress of the
Secretaries in implementing and improving the standard.
(4) Updates.--Whenever the Secretaries of Defense and
Veterans Affairs update the standard developed under subsection
(a), the Secretaries shall jointly submit to the appropriate
committees of Congress a report on such update, including a
comprehensive and detailed description of such update and the
reasons for such update.
(d) Definitions.--In this section:
(1) The term ``sexual trauma'' means psychological trauma
described in section 1720D(a)(1) of title 38, United States
Code.
(2) The term ``appropriate committees of Congress'' means--
(A) the Committees on Veterans' Affairs of the
House of Representatives and the Senate; and
(B) the Committees on Armed Services of the House
of Representatives and the Senate.
SEC. 547. POLICY ON SEPARATION OF VICTIM AND ACCUSED AT MILITARY
SERVICE ACADEMIES.
(a) In General.--The Secretary of Defense shall, in consultation
with the Secretaries of the military departments and the Superintendent
of each military service academy, prescribe in regulations a policy
under which a cadet or midshipman of a military service academy who is
the alleged victim of a sexual assault and a cadet or midshipman who is
the alleged perpetrator of such assault shall, to the extent
practicable, each be given the opportunity to complete their course of
study at the academy without--
(1) taking classes together; or
(2) otherwise being in close proximity to each other during
mandatory activities.
(b) Elements.--The Secretary of Defense shall ensure that the
policy developed under subsection (a)--
(1) protects the alleged victim as necessary, including by
prohibiting retaliatory harassment;
(2) allows both the victim and the accused to complete
their course of study at the institution with minimal
disruption;
(3) protects the privacy of both the victim and the accused
by ensuring that information about the alleged sexual assault
and the individuals involved is not revealed to third parties
who are not specifically authorized to receive such information
in the course of performing their regular duties, except that
such policy shall not preclude the alleged victim or the
alleged perpetrator from making such disclosures to third
parties; and
(4) minimizes the burden on the alleged victim when taking
steps to separate the alleged victim and alleged perpetrator.
(c) Special Rule.--The policy developed under subsection (a) shall
not preclude a military service academy from taking other
administrative or disciplinary action when appropriate.
(d) Military Service Academy Defined.--In this section, the term
``military service academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
SEC. 548. SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall, in consultation
with the Secretaries of the military departments, prescribe in
regulations a safe-to-report policy described in subsection (b) that
applies with respect to all members of the covered Armed Forces
(including members of the reserve components of the covered Armed
Forces) and cadets and midshipmen at the military service academies.
(b) Safe-To-Report Policy.--The safe-to-report policy described in
this subsection is a policy that prescribes the handling of minor
collateral misconduct involving a member of the covered Armed Forces
who is the alleged victim of sexual assault.
(c) Aggravating Circumstances.--The regulations under subsection
(a) shall specify aggravating circumstances that increase the gravity
of minor collateral misconduct or its impact on good order and
discipline for purposes of the safe-to-report policy.
(d) Tracking of Collateral Misconduct Incidents.--In conjunction
with the issuance of regulations under subsection (a), Secretary shall
develop and implement a process to track incidents of minor collateral
misconduct that are subject to the safe-to-report policy.
(e) Definitions.--In this section:
(1) The term ``covered Armed Forces'' has the meaning given
the term ``armed forces'' in section 101(a)(4) of title 10,
United States Code, except such term does not include the Coast
Guard.
(2) The term ``military service academy'' means the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(3) The term ``minor collateral misconduct'' means any
minor misconduct that is potentially punishable under chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice), that--
(A) is committed close in time to or during the
sexual assault, and directly related to the incident
that formed the basis of the sexual assault allegation;
(B) is discovered as a direct result of the report
of sexual assault or the ensuing investigation into the
sexual assault; and
(C) does not involve aggravating circumstances (as
specified in the regulations prescribed under
subsection (c)) that increase the gravity of the minor
misconduct or its impact on good order and discipline.
SEC. 549. QUESTION IN WORKPLACE AND GENDER RELATIONS SURVEYS REGARDING
PROSECUTIONS OF SEXUAL ASSAULT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall include in the
covered surveys a question regarding whether a member of an Armed Force
under the jurisdiction of the Secretary of a military department would
be more willing to report a sexual assault if prosecution decisions
were made by lawyers and not commanders.
(b) Covered Surveys Defined.--In this section, the term ``covered
surveys'' means the workplace and gender relations surveys and focus
groups administered by the Office of People Analytics of the Department
of Defense, including--
(1) the Workplace and Gender Relations Survey of Active
Duty Members;
(2) the Workplace and Gender Relations Survey of Reserve
Component Members;
(3) the Military Service Gender Relations Focus Group; and
(4) any successor survey or focus group.
SEC. 550. PILOT PROGRAM ON PROSECUTION OF SPECIAL VICTIM OFFENSES
COMMITTED BY ATTENDEES OF MILITARY SERVICE ACADEMIES.
(a) Pilot Program.--Beginning not later than January 1, 2021, the
Secretary of Defense shall carry out a pilot program (referred to in
this Act as the ``Pilot Program'') under which the Secretary shall
establish, in accordance with this section, an independent authority
to--
(1) review each covered special victim offense; and
(2) determine whether such offense shall be referred to
trial by an appropriate court-martial convening authority.
(b) Office of the Chief Prosecutor.--
(1) Establishment.--As part of the Pilot Program, the
Secretary shall establish, within the Office of the Secretary
of Defense, an Office of the Chief Prosecutor.
(2) Head of office.--The head of the Office shall be known
as the Chief Prosecutor. The Secretary shall appoint as the
Chief Prosecutor a commissioned officer in the grade of O-7 or
above who--
(A) has significant experience prosecuting sexual
assault trials by court-martial; and
(B) is outside the chain of command of any cadet or
midshipman described in subsection (f)(2).
(3) Responsibilities.--The Chief Prosecutor shall exercise
the authorities described in subsection (c) but only with
respect to covered special victim offenses.
(4) Special rule.--Notwithstanding any other provision of
law, the military service from which the Chief Prosecutor is
appointed is authorized an additional billet for a general
officer or a flag officer for each year in the 2-year period
beginning with the year in which the appointment is made.
(5) Termination.--The Office of the Chief Prosecutor shall
terminate on the date on which the Pilot Program terminates
under subsection (e).
(c) Referral to Office of the Chief Prosecutor.--
(1) Investigation phase.--
(A) Notice and information.--A military criminal
investigative organization that receives an allegation
of a covered special victim offense shall provide to
the Chief Prosecutor and the commander of the military
service academy concerned--
(i) timely notice of such allegation; and
(ii) any information and evidence obtained
as the result a subsequent investigation into
the allegation.
(B) Trial counsel.--A trial counsel assigned to a
case involving a covered special victim offense shall,
during the investigative phase of such case, provide
the Chief Prosecutor with the information necessary to
enable the Chief Prosecutor to make the determination
required under paragraph (3).
(2) Referral to chief prosecutor.--In the case of a charge
relating to a covered special victim offense, in addition to
referring the charge to the staff judge advocate under
subsection (a) or (b) of section 834 of title 10, United States
Code (article 34 of the Uniform Code of Military Justice), the
convening authority of the Armed Force of which the accused is
a member shall refer, as soon as reasonably practicable, the
charge to the Chief Prosecutor to make the determination
required by paragraph (3).
(3) Prosecutorial determination.--The Chief Prosecutor
shall make a determination regarding whether a charge relating
to a covered special victim offense shall be referred to trial.
If the Chief Prosecutor makes a determination that the charge
shall be tried by court-martial, the Chief Prosecutor also
shall determine whether the charge shall be tried by a general
court-martial convened under section 822 of title 10, United
States Code (article 22 of the Uniform Code of Military
Justice) or a special court-martial convened under section 823
of such title (article 23 of the Uniform Code of Military
Justice). The determination of whether to try a charge relating
to a covered special victim offense by court-martial shall
include a determination of whether to try any known offenses,
including any lesser included offenses.
(4) Effect of determination and appeals process.--
(A) Determination to proceed to trial.--Subject to
subparagraph (C), a determination to try a charge
relating to a covered special victim offense by court-
martial under paragraph (3), and the determination as
to the type of court-martial, shall be binding on any
convening authority under chapter 47 of title 10,
United States Code (the Uniform Code of Military
Justice) for a trial by court-martial on the charge.
(B) Determination not to proceed to trial.--Subject
to subparagraph (C), a determination under paragraph
(3) not to proceed to trial on a charge relating to a
covered special victim offense by general or special
court-martial shall be binding on any convening
authority under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice) except that
such determination shall not operate to terminate or
otherwise alter the authority of the convening
authority--
(i) to proceed to trial by court-martial on
charges of collateral misconducted related to
the special victim offense; or
(ii) to impose non-judicial punishment in
connection with the conduct covered by the
charge as authorized by section 815 of such
title (article 15 of the Uniform Code of
Military Justice).
(C) Appeal.--In a case in which a convening
authority and the staff judge advocate advising such
authority disagree with the determination of the Chief
Prosecutor under paragraph (3), the convening authority
and staff judge advocate may jointly appeal the
determination to the General Counsel of the Department
of Defense. The determination of the General Counsel
with respect to such appeal shall be binding on the
Chief Prosecutor and the convening authority concerned.
(5) Trial by randomized jury.--After the Chief Prosecutor
makes a determination under paragraph (3) to proceed to trial
on a charge relating to a covered special victim offense, the
matter shall be tried by a court-martial convened within the
Armed Force of which the accused is a member in accordance with
the applicable provisions of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice) except that,
when convening a court-martial that is a general or special
court-martial involving a covered special victim offense in
which the accused elects a jury trial, the convening authority
shall detail members of the Armed Forces as members thereof at
random unless the obtainability of members of the Armed Forces
for such court-martial prevents the convening authority from
detailing such members at random.
(6) Unlawful influence or coercion.--The actions of the
Chief Prosecutor under this subsection whether or not to try
charges by court-martial shall be free of unlawful or
unauthorized influence or coercion.
(d) Effect on Other Law.--This section shall supersede any
provision of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), that is inconsistent with this section, but
only to the extent of the inconsistency.
(e) Termination and Transition.--
(1) Termination.--The authority of the Secretary to carry
out the Pilot Program shall terminate 4 years after the date on
which the Pilot Program is initiated.
(2) Transition.--The Secretary shall take such actions as
are necessary to ensure that, on the date on which the Pilot
Program terminates under paragraph (1), any matter referred to
the Chief Prosecutor under subsection (c)(2), but with respect
to which the Chief Prosecutor has not made a determination
under subsection (c)(3), shall be transferred to the
appropriate convening authority for consideration.
(f) Definitions.--In this Act:
(1) The term ``Armed Force'' means an Armed Force under the
jurisdiction of the Secretary of a military department.
(2) The term ``covered special victim offense'' means a
special victim offense--
(A) alleged to have been committed on or after the
date of the enactment of this Act by a cadet of the
United States Military Academy or the United States Air
Force Academy, without regard to the location at which
the offense was committed; or
(B) alleged to have been committed on or after the
date of the enactment of this Act by a midshipman of
the United States Naval Academy, without regard to the
location at which the offense was committed.
(3) The term ``Secretary'' means the Secretary of Defense.
(4) The term ``special victim offense'' means any of the
following:
(A) An offense under section 917a, 920, 920b, 920c,
or 930 of title 10, United States Code (article 117a,
120, 120b, 120c, or 130 of the Uniform Code of Military
Justice).
(B) A conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of
such title (article 81 of the Uniform Code of Military
Justice).
(C) A solicitation to commit an offense specified
in subparagraph (A) as punishable under section 882 of
such title (article 82 of the Uniform Code of Military
Justice).
(D) An attempt to commit an offense specified in
subparagraph (A) as punishable under section 880 of
such title (article 80 of the Uniform Code of Military
Justice).
SEC. 550A. REPORT ON STATUS OF INVESTIGATIONS OF ALLEGED SEX-RELATED
OFFENSES.
(a) Reports Required.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter through December 31,
2025, the Secretary of each military department shall submit to the
congressional defense committees a report on the status of
investigations into alleged sex-related offenses.
(b) Elements.--Each report under subsection (a) shall include, with
respect to investigations into alleged sex-related offenses carried out
by military criminal investigative organizations under the jurisdiction
of the Secretary concerned during the preceding year, the following:
(1) The total number of investigations.
(2) For each investigation--
(A) the date the investigation was initiated; and
(B) an explanation of whether the investigation is
in-progress or complete as of the date of the report
and, if complete, the date on which the investigation
was completed.
(3) The total number of investigations that are complete as
of the date of the report.
(4) The total number of investigations that are in-progress
as of the date of the report.
(5) For investigations lasting longer than 180 days, an
explanation of the primary reasons for the extended duration of
the investigation.
(c) Definitions.--In this section:
(1) The term ``alleged sex-related offense'' has the
meaning given that term in section 1044(e)(h) of title 10,
United States Code.
(2) The term ``complete'' when used with respect to an
investigation of an alleged sex-related offense, means the
active phase of the investigation is sufficiently complete to
enable the appropriate authority to reach a decision with
respect to the disposition of charges for the offense.
SEC. 550B. REPORT ON SEXUAL ABUSE AND HARASSMENT OF RECRUITS DURING
MEDICAL EXAMINATIONS PRIOR TO ENTRY INTO THE ARMED
FORCES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report on the
prevalence of sexual abuse and harassment of persons during the medical
examination that precedes entry into the Armed Forces. Such report
shall include the following:
(1) The number of incidents of sexual abuse or harassment
that have been reported since 2000, if available.
(2) A description of the process by which the Department of
Defense tracks the incidents of sexual abuse or harassment, if
applicable.
(3) A plan to establish a process by which the Department
tracks the incidents of sexual abuse or harassment, including
of the medical professionals involved, if such a process does
not exist.
(4) A plan to provide awareness training regarding sexual
abuse and harassment provided to medical professionals who
perform such examinations, if such training does not exist.
(5) A plan to provide recruits with information on their
rights and responsibilities in the event they face sexual abuse
and harassment that is incident to service but prior to
starting service in the Armed Forces, if such information does
not exist.
(6) A description of the legal redress available to persons
who experience such sexual abuse and harassment, including
through the Uniform Code of Military Justice, for those who
enter the Armed Forces.
SEC. 550C. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT.
(a) Establishment.--Chapter 80 of title 10, United States Code, is
amended by inserting after section 1561a the following new section:
``Sec. 1561b. Confidential reporting of sexual harassment
``(a) Establishment.--Notwithstanding section 1561 of this title,
the Secretary of Defense shall prescribe regulations establishing a
process by which a member of an armed force under the jurisdiction of
the Secretary of a military department may confidentially allege a
complaint of sexual harassment to an individual outside the immediate
chain of command of that member.
``(b) Investigation.--An individual designated to receive
complaints under subsection (a)--
``(1) shall maintain the confidentiality of the member
alleging the complaint;
``(2) shall provide to the member alleging the complaint
the option--
``(A) to file a formal or informal report of sexual
harassment; and
``(B) to include reports related to such complaint
in the Catch a Serial Offender Program; and
``(3) shall provide to the commander of the complainant a
report--
``(A) regarding the complaint; and
``(B) that does not contain any personally
identifiable information regarding the complainant.
``(c) Education; Tracking; Reporting.--The Secretary of Defense
shall--
``(1) educate members under the jurisdiction of the
Secretary of a military department regarding the process
established under this section;
``(2) track complaints alleged pursuant to the process
established under this section; and
``(3) submit annually to the Committees on Armed Services
of the Senate and House of Representatives a report containing
data (that does not contain any personally identifiable
information) relating to such complaints.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1561b the following new item:
``1561b. Confidential reporting of sexual harassment.''.
(c) Implementation.--The Secretary shall carry out section 1561b of
title 10, United States Code, as added by subsection (a), not later
than 1 year after the date of the enactment of this Act.
Subtitle F--Member Education, Training, and Transition
SEC. 551. COUNSELING IN THE TRANSITION ASSISTANCE PROGRAM REGARDING
SEXUAL ASSAULT, SEXUAL OR GENDER HARASSMENT, AND INTIMATE
PARTNER VIOLENCE.
Section 1142(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(20) Information concerning health care (including mental
health care) furnished by the Secretary of Veterans Affairs to
veterans and members of the Armed Forces who have survived
sexual assault, sexual or gender harassment, or intimate
partner violence.''.
SEC. 552. MEDICAL OR ADMINISTRATIVE DISCHARGE AS A PATHWAY FOR
COUNSELING IN THE TRANSITION ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is amended--
(1) in subparagraph (E), by striking ``Disability'' and
inserting ``Potential or confirmed medical discharge of the
member''; and
(2) in subparagraph (F), by striking ``Character'' and all
that follows and inserting ``Potential or confirmed involuntary
separation of the member.''.
SEC. 553. FAMILY DYNAMICS AS PATHWAYS FOR COUNSELING IN THE TRANSITION
ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, as amended by
section (a), is further amended--
(1) by redesignating subparagraph (M) as subparagraph (R);
and
(2) by inserting after subparagraph (L) the following:
``(M) Child care requirements of the member (including
whether a dependent of the member is enrolled in the
Exceptional Family Member Program).
``(N) The employment status of other adults in the
household of the member.
``(O) The location of the duty station of the member
(including whether the member was separated from family while
on duty).
``(P) The effects of operating tempo and personnel tempo on
the member and the household of the member.
``(Q) Whether the member is an Indian or urban Indian, as
those terms are defined in section 4 of the Indian Health Care
Improvement Act (Public Law 94-437; 25 U.S.C. 1603).''.
SEC. 554. ESTABLISHMENT OF MENTORING AND CAREER COUNSELING PROGRAM.
(a) In General.--Chapter 107 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2158. Mentoring and career counseling program
``(a) Establishment; Objectives.--The Secretary of Defense, in
coordination with the Secretaries of the military departments and the
Chief Diversity Officer, shall implement a program for mentoring and
career counseling that--
``(1) ensures that all military occupational specialties
and career fields reflect the demographics of the armed forces;
and
``(2) ensures that members in all ranks and grades reflect
the demographics of the armed forces.
``(b) Program Description and Components.--The program under
subsection (a) shall--
``(1) include mentoring and career counseling efforts that
start prior to the initial career field decision point and
continue throughout the career of each participating member
cadet or midshipman;
``(2) provide guidance on accession into the military
occupational specialties and career fields that experience the
highest rates and greatest number of promotions to a grade
above O-6; and
``(3) promote information regarding career choices,
including opportunities in the reserve components, to optimize
the ability of a participating member cadet, or midshipman to
make informed career choices from accession to retirement.
``(c) Evaluation Metrics.--The Secretary of Defense shall establish
and maintain metrics to evaluate the effectiveness of the program under
this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 107 of such title is amended by at the end the following new
item:
``2158. Mentoring and career counseling program.''.
(c) Interim Report.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees on Armed
Services of the Senate and the House of Representatives a
report on the implementation of section 2158 of title 10,
United States Code, as added by subsection (a).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description and assessment of the manner in
which the Department of Defense shall implement the
program under subsection (a) of such section 2158.
(B) The initial evaluation metrics developed under
subsection (c) of such section 2158.
(C) An explanation of whether the program will be
carried out as part of another program of the
Department or through the establishment of a separate
program.
(D) A comprehensive description of the additional
personnel, resources, and training that will be
required to implement the program, including
identification of the specific number of additional
billets that will be needed to staff the program.
(E) Recommendations of the Secretary for additional
legislation that the Secretary determines e necessary
to effectively and efficiently implement the program.
(d) Annual Report.--
(1) Report required.--Not later than October 1, 2021, and
annually thereafter for 3 years, the Secretary of Defense shall
submit to the congressional defense committees on Armed
Services of the Senate and the House of Representatives a
report on the program under section 2158 of title 10, United
States Code, as added by subsection (a).
(2) Elements.--Each report under paragraph (1) shall
include, disaggregated by Armed Force, the following:
(A) The latest evaluation metrics developed under
subsection (c) of such section 2158.
(B) The number of individuals, disaggregated by
grade, ethnicity, race, and gender, who were eligible
for participation in the program.
(C) The number of individuals, disaggregated by
grade, ethnicity, race, and gender, who opted out of
participation in the program.
(D) An assessment of the effectiveness of the
program in advancing the careers of minority
commissioned officers.
(e) Publication.--The Secretary of Defense shall--
(1) publish on an appropriate publicly available website of
the Department of Defense the reports required under
subsections (c) and (d); and
(2) ensure that any data included with each such report is
made available in a machine-readable format that is
downloadable, searchable, and sortable.
(f) Implementation Date.--The Secretary of Defense shall implement
the program under section 2158 of title 10, United States Code, as
added by subsection (a), not later than 1 year after the date of the
enactment of this Act.
(g) Definitions.--In this section:
(1) The term ``minority person'' means any individual who
is a citizen of the United States and who is--
(A) Asian American;
(B) Native Hawaiian;
(C) a Pacific Islander;
(D) African American;
(E) Hispanic;
(F) Puerto Rican;
(G) Native American;
(H) an Alaska Native; or
(I) female.
(2) The term ``minority commissioned officer'' means any
commissioned officer who is a minority person.
(3) The term ``machine-readable'' has the meaning given
that term in section 3502(18) of title 44, United States Code.
SEC. 555. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority To Award Bachelor's Degrees.--Section 2168 of title
10, United States Code, is amended--
(1) in the section heading, by striking ``Associate'' and
inserting ``Associate or Bachelor''; and
(2) by amending subsection (a) to read as follows:
``(a) Subject to subsection (b), the Commandant of the Defense
Language Institute may confer--
``(1) an Associate of Arts degree in a foreign language
upon any graduate of the Foreign Language Center of the
Institute who fulfills the requirements for that degree; or
``(2) a Bachelor of Arts degree in a foreign language upon
any graduate of the Foreign Language Center of the Institute
who fulfills the requirements for that degree.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 108 of title 10, United States Code, is amended by striking the
item relating to section 2168 and inserting the following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate or Bachelor of Arts in foreign
language.''.
SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority To Award Bachelor's Degrees.--Section 2168 of title
10, United States Code, is amended--
(1) in the section heading, by striking ``Associate'' and
inserting ``Associate or Bachelor''; and
(2) by amending subsection (a) to read as follows:
``(a) Subject to subsection (b), the Commandant of the Defense
Language Institute may confer--
``(1) an Associate of Arts degree in a foreign language
upon any graduate of the Foreign Language Center of the
Institute who fulfills the requirements for that degree; or
``(2) a Bachelor of Arts degree in a foreign language upon
any graduate of the Foreign Language Center of the Institute
who fulfills the requirements for that degree.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 108 of title 10, United States Code, is amended by striking the
item relating to section 2168 and inserting the following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate or Bachelor of Arts in foreign
language.''.
SEC. 557. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED
STATES AIR FORCE ACADEMY.
Section 9431(b)(4) of title 10, United States Code, is amended by
striking ``23'' and inserting ``25''.
SEC. 558. INFORMATION ON NOMINATIONS AND APPLICATIONS FOR MILITARY
SERVICE ACADEMIES.
(a) Congressional Nominations Portal.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, in consultation with
the Superintendents of the military service academies, shall
ensure that there is a uniform online portal for all military
service academies that enables Members of Congress to nominate
individuals for appointment to each academy through a secure
website.
(2) Information collection and reporting.--The online
portal established under paragraph (1) shall--
(A) collect, from each Member of Congress, the
demographic information described in subsection (b) for
each individual nominated by the Member; and
(B) collect the information required to be included
in each annual report of the Secretary under subsection
(c) in a manner that enables the Secretary to
automatically compile such information when preparing
the report.
(3) Availability of information.--The portal shall allow
Members of Congress and their designees to view past nomination
records for all application cycles.
(b) Standard Classifications for Collection of Demographic Data.--
(1) Standards required.--The Secretary, in consultation
with the Superintendents of the military service academies,
shall establish standard classifications that cadets,
midshipmen, and applicants to the academies may use to self-
identify gender, race, and ethnicity and to provide other
demographic information in connection with admission to or
enrollment in an academy.
(2) Consistency with omb guidance.--The standard
classifications established under paragraph (1) shall be
consistent with the standard classifications specified in
Office of Management and Budget Directive No. 15 (pertaining to
race and ethnic standards for Federal statistics and
administrative reporting) or any successor directive.
(3) Incorporation into applications and records.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall incorporate the standard classifications
established under paragraph (1) into--
(A) applications for admission to the military
service academies; and
(B) the military personnel records of cadets and
midshipmen enrolled in such academies.
(c) Annual Report on the Demographics Military Service Academy
Applicants.--
(1) Report required.--Not later than September 30 of each
year beginning after the date of the enactment of this Act, the
Secretary shall submit to the congressional defense committees
a report on the demographics of applicants to military service
academies for the most recently concluded application year.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to each military service academy, the
following:
(A) The number of individuals who submitted an
application for admission to the academy in the
application year covered by the report.
(B) Of the individuals who submitted an application
for admission to the academy in such year--
(i) the overall demographics of applicant
pool, disaggregated by the classifications
established under subsection (b) and by Member
of Congress;
(ii) the number and percentage who received
a nomination, disaggregated by the
classifications established under subsection
(b) and by Member of Congress;
(iii) the number and percentage who
received an offer for appointment to the
academy, disaggregated by the classifications
established under subsection (b) and by Member
of Congress; and
(iv) the number and percentage who accepted
an appointment to the academy, disaggregated by
the classifications established under
subsection (b) and by Member of Congress.
(3) Consultation.--In preparing each report under paragraph
(1), the Secretary shall consult with the Superintendents of
the military service academies.
(4) Availability of reports and data.--The Secretary
shall--
(A) make the results of each report under paragraph
(1) available on a publicly accessible website of the
Department of Defense; and
(B) ensure that any data included with the report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.
(d) Definitions.--In this section:
(1) The term ``application year'' means the period
beginning on January 1 of one year and ending on June 1 of the
following year.
(2) The term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10,
United States Code.
(3) The term ``machine-readable'' has the meaning given
that term in section 3502(18) of title 44, United States Code.
(4) The term ``military service academy'' means--
(A) the United States Military Academy;
(B) the United States Naval Academy; and
(C) the United States Air Force Academy.
(5) The term ``Secretary'' means the Secretary of Defense.
SEC. 559. TRANSFORMATION OF THE PROFESSIONAL MILITARY EDUCATION
ENTERPRISE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) professional military education is foundational to the
development of ethical and effective military leaders and vital
to national security;
(2) oversight of professional military education is an
essential part of Congress' constitutional responsibilities to
regulate and maintain the Armed Forces of the United States;
(3) reform of the professional military education system,
as directed by the congressional defense committees, has played
a central role in the institutionalization of jointness as
envisioned by the Goldwater-Nichols Department of Defense
Reorganization Act of 1986 (Public Law 99-433);
(4) the Goldwater-Nichols professional military education
model has served the Nation well since the end of the Cold War
by enabling successful joint military operations across the
spectrum of conflict;
(5) recent changes in the national security environment
require that the professional military education enterprise
adapt to prepare the joint force to successfully defend
American interests in evolving areas of strategic competition;
and
(6) the Department of Defense must transform the
professional military education enterprise to meet these
challenges by emphasizing focused and rigorous intellectual
study reflecting the hard won strategic insights of history,
while leveraging advancements in the modern learning
environment.
(b) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2021 for the
Department of Defense may be obligated or expended consolidate, close,
or significantly change the curriculum of the National Defense
University or any institution of professional military education of an
Armed Force until a period of 120 days has elapsed following the date
on which the Under Secretary of Defense for Personnel and Readiness
submits the report required under subsection (c).
(c) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Personnel and
Readiness, shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
status of the professional military education enterprise.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A consolidated summary that--
(i) lists all components of the
professional military education enterprise of
the Department of Defense, including all
associated schools, programs, research centers,
and support activities; and
(ii) for each such component, identifies
the assigned personnel strength, annual student
throughput, and budget details covering the
period of 3 fiscal years preceding the date of
the report.
(B) An assessment of the effectiveness and
shortfalls of the existing professional military
education enterprise as measured against graduate
utilization, post-graduate evaluations, and the
education and force development requirements of the
Chairman of the Joint Chiefs of Staff and the Chiefs of
the Armed Forces.
(C) Recommendations to improve the intellectual
readiness of the joint force through reforms designed
to--
(i) improve the warfighting readiness,
intellectual fitness and cognitive ingenuity of
military leaders;
(ii) promote development of strategic
thinkers capable of developing integrated
political-military and cross-domain strategies
and new doctrinal concepts;
(iii) enhance the effectiveness, coherence,
and efficiency of individual service approaches
to professional military education;
(iv) improve the depth and rigor of
professional military education curriculum in
alignment with national defense strategy pacing
threats while enhancing strategic relationships
and operational integration with key allies and
international security partners; and
(v) foster the deliberate development of
world-class faculty through increasing the
value of faculty assignments and other
appropriate measures.
SEC. 560. COLLEGE OF INTERNATIONAL SECURITY AFFAIRS OF THE NATIONAL
DEFENSE UNIVERSITY.
(a) Prohibition.--The Secretary of Defense may not eliminate,
divest, downsize, or reorganize the College of International Security
Affairs, nor its satellite program, the Joint Special Operations
Masters of Arts, of the National Defense University, or seek to reduce
the number of students educated at the College, or its satellite
program, until 30 days after the date on which the congressional
defense committees receive the report required by subsection (c).
(b) Assessment, Determination, and Review.--The Under Secretary of
Defense for Policy, in consultation with the Under Secretary of Defense
for Personnel and Readiness, the Assistant Secretary of Defense for
Special Operations/Low-Intensity Conflict , the Deputy Assistant
Secretary of Defense for Counternarcotics and Global Threats, the
Deputy Assistant Secretary of Defense for Stability and Humanitarian
Affairs, the Deputy Assistant Secretary of Defense for Special
Operations and Combating Terrorism, the Chief Financial Officer of the
Department, the Chairman of the Joint Chiefs of Staff, and the
Commander of United States Special Operations Command, shall--
(1) assess requirements for joint professional military
education and civilian leader education in the
counterterrorism, irregular warfare, and asymmetrical domains
to support the Department and other national security
institutions of the Federal Government;
(2) determine whether the importance, challenges, and
complexity of the modern counterterrorism environment and
irregular and asymmetrical domains warrant--
(A) a college at the National Defense University,
or a college independent of the National Defense
University whose leadership is responsible to the
Office of the Secretary of Defense; and
(B) the provision of resources, services, and
capacity at levels that are the same as, or decreased
or enhanced in comparison to, those resources,
services, and capacity in place at the College of
International Security Affairs on January 1, 2019;
(3) review the plan proposed by the National Defense
University for eliminating the College of International
Security Affairs and reducing and restructuring the
counterterrorism, irregular, and asymmetrical faculty, course
offerings, joint professional military education and degree and
certificate programs, and other services provided by the
College; and
(4) assess the changes made to the College of International
Security Affairs since January 1, 2019, and the actions
necessary to reverse those changes, including relocating the
College and its associated budget, faculty, staff, students,
and facilities outside of the National Defense University.
(c) Report Required.--Not later than February 1, 2021, the
Secretary shall submit to the congressional defense committees a report
on--
(1) the findings of the Secretary with respect to the
assessments, determination, and review conducted under
subsection (b); and
(2) such recommendations as the Secretary may have for
higher education in the counterterrorism, irregular, and
asymmetrical domains.
SEC. 560A. PUBLIC-PRIVATE CONSORTIUM TO IMPROVE PROFESSIONAL MILITARY
EDUCATION.
(a) Establishment.--The Secretary of Defense, acting through the
Chairman of the Joint Chiefs of Staff and in consultation with the
Under Secretary of Defense for Personnel and Readiness, shall establish
and maintain a public-private consortium (referred to in this section
as the ``Consortium'') to improve and broaden professional military
education for military officers and civilian employees of the Federal
Government.
(b) Directors.--
(1) In general.--The President of the National Defense
University and the head of a civilian institution of higher
education appointed in accordance with paragraph (3) shall
serve as co-directors of the Consortium.
(2) Responsibilities of co-directors.--The co-directors
shall be responsible for--
(A) the administration and management of the
Consortium; and
(B) developing a common curriculum for professional
military education using input received from members of
the Consortium.
(3) Appointment of co-director from civilian institution.--
Not later than June 1, 2021, the Secretary of Defense shall
appoint an individual who is the President or Chancellor of a
civilian institution of higher education to serve as co-
director of the Consortium as described in paragraph (1).
(4) Term of co-director.--The co-director appointed under
paragraph (3) shall serve an initial term of 5 years. The
Secretary of Defense may reappoint such co-director for one or
more additional terms of not more than 5 years, as the
Secretary determines appropriate.
(5) Authority.--In the event that a conflict arises between
co-directors of the Consortium, the conflict shall be resolved
by the Director for Joint Force Development of the Joint Chiefs
of Staff (J-7).
(c) Activities of Consortium.--The Consortium shall carry out the
following activities:
(1) Bring the military education system (including military
service academies, institutions that provide professional
military education, and other institutions the provide military
education) together with a broad group of civilian institutions
of higher education, policy research institutes, and the
commercial sector to develop and continually update a research-
based curriculum to prepare early career, mid-career, and
senior military officers and civilian employees of the Federal
Government to succeed in an era that will be predominantly
defined by great power competition and in which security
challenges will transcend the traditional areas of defense
expertise, becoming more complex and inter-related than before,
with disruptions that will manifest rapidly and with little
warning.
(2) Train military officers and civilian educators serving
in the joint professional military education system to
implement the curriculum developed under paragraph (2) at the
institutions they serve.
(3) On a regular basis, make recommendations to the
Secretary about how the joint professional military education
system should be modified to meet the challenges of apparent or
possible future defense, national security, and international
environments.
(d) Members.--The Consortium shall be composed of representatives
selected by the Secretary of Defense from the following organizations:
(1) Organizations within the joint professional military
education system.
(2) Military service academies.
(3) Other institutions of the Federal Government that
provide military education.
(4) Civilian institutions of higher education.
(5) Private sector and government policy research
institutes.
(6) Organizations in the commercial sector, including
organizations from the industrial, finance, and technology
sectors.
(e) Annual Report.--Not later than September 30, 2022, and annually
thereafter, the co-directors of the Consortium shall submit to the
Secretary of Defense and the congressional defense committees a report
that describes the activities carried out by the Consortium during the
preceding year.
(f) Civilian Institution Defined.--In this section, the term
``civilian institution of higher education'' means an institution of
higher education (as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)) that is not owned or controlled by the
Federal Government.
SEC. 560B. PARTICIPATION OF MEMBERS OF THE RESERVE COMPONENTS OF THE
ARMED FORCES IN THE SKILLBRIDGE PROGRAM.
Section 1143(e)(2) of title 10, United States Code, is amended to
read as follows:
``(2) A member of the armed forces is eligible for a program under
this subsection if--
``(A) the member--
``(i) has completed at least 180 days on active
duty in the armed forces; and
``(ii) is expected to be discharged or released
from active duty in the armed forces within 180 days of
the date of commencement of participation in such a
program; or
``(B) the member is a member of a reserve component.''.
SEC. 560C. STUDY REGARDING VA PARTICIPATION IN TAP.
Not later than December 31, 2022, the Secretaries of Defense and
Veterans Affairs shall submit to the congressional defense committees
and the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the results of a study on the feasibility
of having representatives of the Department of Veterans Affairs present
during counseling sessions under section 1142 of title 10, United
States Code, to set up premium eBenefits accounts of the Department of
Veterans Affairs for members of the Armed Forces participating in the
Transition Assistance Program.
SEC. 560D. GAO STUDY REGARDING TRANSFERABILITY OF MILITARY
CERTIFICATIONS TO CIVILIAN OCCUPATIONAL LICENSES AND
CERTIFICATIONS.
(a) Study; Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report containing the results of a study
regarding the transferability of military certifications to civilian
occupational licenses and certifications.
(b) Elements.--The report under this section shall include the
following:
(1) Obstacles to transference of military certifications.
(2) Any effects of the transferability of military
certifications on recruitment and retention.
(3) Examples of certifications obtained from the Federal
Government that transfer to non-Federal employment.
SEC. 560E. TRANSITION OUTREACH.
The Secretary of Defense, in coordination with the Secretaries of
Veterans Affairs and Labor, shall encourage contact between members of
the Armed Forces participating in the Transition Assistance Program
under sections 1142 and 1144 of title 10, United States Code, and local
communities, to promote employment opportunities for such members. Such
contact shall include, to the extent practicable, public-private
partnerships.
SEC. 560F. CONTINUED PARTICIPATION OF SEPARATED MEMBERS OF THE ARMED
FORCES IN SKILLBRIDGE PROGRAMS.
Section 1143(e) of title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In the case of an eligible member who enrolls in a
program under this subsection and who is discharged or released
from active duty in the armed forces before the completion of
the program, such member may continue to participate in the
program until the completion of the program. The continued
participation of such a member in such a program shall have no
effect on the discharge or separation date of the member or the
eligibility of the member for any pay or benefits.''.
SEC. 560G. EXPANSION OF SKILLBRIDGE PROGRAM TO INCLUDE THE COAST GUARD.
Section 1143(e) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``of a military
department'' and inserting ``concerned'';
(2) in paragraph (3), by striking ``of the military
department''; and
(3) in paragraph (4), by striking ``of Defense'' and
inserting ``concerned''.
SEC. 560H. ESTABLISHMENT OF PERFORMANCE MEASURES FOR THE CREDENTIALING
OPPORTUNITIES ON-LINE PROGRAMS OF THE ARMED FORCES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish
additional performance measures to evaluate the effectiveness of the
COOL programs of each Armed Force in connecting members of the Armed
Forces with professional credential programs. Such measures shall
include the following:
(1) The percentage of members of the Armed Force concerned
described in section 1142(a) of title 10, United States Code,
who participate in a professional credential program through
the COOL program of the Armed Force concerned.
(2) The percentage of members of the Armed Force concerned
described in paragraph (1) who have completed a professional
credential program described in that paragraph.
(3) The percentage of members of the Armed Force concerned
described in paragraphs (1) and (2) who are employed not later
than one year after separation or release from the Armed
Forces.
(b) Coordination.--To carry out this section, the Secretary of
Defense may coordinate with the Secretaries of Veterans Affairs and
Labor.
SEC. 560I. AUTHORITY OF MILITARY EDUCATIONAL INSTITUTIONS TO ACCEPT
RESEARCH GRANTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments, shall issue regulations
under which faculty of military educational institutions shall be
authorized to accept research grants from individuals and entities
outside the Department of Defense.
(b) Military Educational Institution Defined.--In this section, the
term ``military educational institution'' means a postsecondary
educational institution established within the Department of Defense.
SEC. 560J. REPORT ON OFFICER TRAINING IN IRREGULAR WARFARE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the training in
irregular warfare, if any, provided to officers of the Armed Forces as
part of the regular course of instruction for such officers.
(b) Elements.--The report under subsection (a) shall include--
(1) the level of instruction in irregular warfare typically
provided to officers;
(2) the number of hours of instruction at each level; and
(3) a description of the subject areas covered by the
instruction.
(c) Exclusion of Specialized Training.--The report under subsection
(a) shall not include information on specialized or branch-specific
training in irregular warfare provided to certain officers as part of a
specialized course of instruction.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) The term ``irregular warfare'' has the meaning given
that term in the Joint Operating Concept of the Department of
Defense titled ``Irregular Warfare: Countering Irregular
Threats'', version 2.0, dated May 17, 2010.
SEC. 560K. REPORT REGARDING COUNTY, TRIBAL, AND LOCAL VETERANS SERVICE
OFFICERS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall submit to the Committees on
Armed Services and on Veterans' Affairs of the House of Representatives
and Senate a report regarding the effects of the presence of CVSOs at
demobilization centers on members of the Armed Forces making the
transition to civilian life.
(b) Metrics.--In determining the effects described in subsection
(a), the Secretary of Defense shall use metrics including the
following:
(1) Feedback from members described in subsection (a) and
from veterans regarding interactions with CVSOs.
(2) Greater use of benefits (including health care,
employment services, education, and home loans) available to
veterans under laws administered by the Secretary of--
(A) Veterans Affairs;
(B) Labor;
(C) Health and Human Services;
(D) Housing and Urban Development; or
(E) Education.
(3) Greater use of benefits available to veterans not
described in paragraph (2).
(4) Frequencies of post-demobilization follow-up meetings
initiated by--
(A) a CVSO; or
(B) a veteran.
(5) Awareness and understanding of local support services
(including CVSOs) available to veterans.
(c) Elements.--The report under this section shall include the
following:
(1) The number of demobilization centers that host CVSOs.
(2) The locations of demobilization centers described in
paragraph (1).
(3) Barriers to expanding the presence of CVSOs at
demobilization centers nationwide.
(4) Recommendations of the Secretary of Defense regarding
the presence of CVSOs at demobilization centers.
(d) CVSO Defined.--In this section, the term ``CVSO'' includes--
(1) a county veterans service officer;
(2) a Tribal veterans service officer;
(3) a Tribal veterans representative; or
(4) another State, Tribal, or local entity that the
Secretary of Defense determines appropriate.
SEC. 560L. LIMITED EXCEPTION FOR ATTENDANCE OF ENLISTED PERSONNEL AT
SENIOR LEVEL AND INTERMEDIATE LEVEL OFFICER PROFESSIONAL
MILITARY EDUCATION COURSES.
Section 559 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1775) is
amended--
(1) in subsection (a), by striking ``None of the funds''
and inserting ``Except as provided in subsection (b), none of
the funds'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Exception.--Funds authorized to be appropriated or otherwise
made available for the Department of Defense may be obligated or
expended for the purpose of the attendance of enlisted personnel at
senior level and intermediate level officer professional military
education courses if--
``(1) the enlisted personnel attending such courses have
completed professional military education at the appropriate
grade prior to attendance;
``(2) the Secretary concerned (as defined in section
101(a)(9) of title 10, United States Code) establishes a
screening and selection process to choose enlisted personnel to
attend such courses;
``(3) with respect to attendees of resident programs--
``(A) the Secretary concerned establishes a
utilization policy for enlisted graduates of such
programs; and
``(B) attendees of such programs agree to a 3-year
service obligation after completion of such programs;
``(4) the Secretary concerned authorizes enlisted personnel
to attend only after the Secretary determines all requirements
for attendance of officers at such courses have been met; and
``(5) an officer is not denied attendance at such courses
for the primary purpose of allowing enlisted personnel to
attend.''.
SEC. 560M. LIMITATION ON ELIGIBILITY OF FOR-PROFIT INSTITUTIONS TO
PARTICIPATE IN EDUCATIONAL ASSISTANCE PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Section 2006a of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) in the case of program offered by a proprietary
institution of higher education, the institution derives not
less than ten percent of such institution's revenues from
sources other than Federal educational assistance funds as
required under subsection (c).''.
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following new
subsection:
``(c) Limitation on Participation of Proprietary Institutions.--The
Secretary of Defense may not approve an educational program offered by
a proprietary institution of higher education, and no educational
assistance under a Department of Defense educational assistance program
or authority covered by this section may be provided to such an
institution, unless the institution derives not less than ten percent
of such institution's revenues from sources other than Federal
educational assistance funds.'';
(4) in subsection (d), as so redesignated, by adding at the
end the following new paragraphs:
``(3) The term `Federal educational assistance funds' means
any Federal funds provided under this title, the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), or any other
Federal law, through a grant, contract, subsidy, loan,
guarantee, insurance, or other means to a proprietary
institution of higher education, including Federal financial
assistance that is disbursed or delivered to an institution or
on behalf of a student or to a student to be used to attend the
institution, except that such term shall not include any
monthly housing stipend provided under the Post-9/11
Educational Assistance Program under chapter 33 of title 38.
``(4) The term `proprietary institution of higher
education' has the meaning given that term in section 102(b) of
the Higher Education Act of 1965 (20 U.S.C. 1002(b)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of the enactment of this Act.
Subtitle G--Military Family Readiness and Dependents' Education
SEC. 561. FAMILY READINESS: DEFINITIONS; COMMUNICATION STRATEGY;
REPORT.
(a) Definitions.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall define the terms
``military family readiness'' and ``military family resiliency''.
(b) Communication Strategy.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense, in coordination
with the Secretaries of the military departments, shall establish and
implement a strategy regarding communication with military families.
The strategy shall include the following:
(1) The use of a variety of modes of communication to
ensure the broadest means of communicating with military
families.
(2) Updating an existing annual standardized survey that
assesses military family readiness to address the following
issues:
(A) Communication with beneficiaries.
(B) Child care.
(C) Education,
(D) Spousal employment.
(E) The Exceptional Family Member Program.
(F) Financial literacy.
(G) Financial stress.
(H) Health care (including copayments, network
adequacy, and the availability of appointments with
health care providers).
(c) Report.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report regarding the feasibility of implementing the
recommendations in--
(1) chapter 3 of the report of the Inspector General of the
Department of Defense for fiscal year 2020, ``Ensuring Wellness
and Wellbeing of Service-Members and their Families''; and
(2) the report, dated July 2019, of the National Academies
of Science, Engineering and Medicine, titled ``Strengthening
the Military Family Readiness System for a Changing American
Society''.
SEC. 562. SUPPORT SERVICES FOR MEMBERS OF SPECIAL OPERATIONS FORCES AND
IMMEDIATE FAMILY MEMBERS.
(a) In General.--Section 1788a of title 10, United States Code, is
amended--
(1) by striking the heading and inserting ``Support
programs: special operations forces personnel; immediate family
members'';
(2) in subsection (a)--
(A) by inserting ``(1)'' before ``Consistent'';
(B) by striking ``for the immediate family members
of members of the armed forces assigned to special
operations forces''; and
(C) by adding at the end the following:
``(2) The Commander may enter into an agreement with a nonprofit
entity to provide family support services.''.
(3) in subsection (b)(1), by striking ``the immediate
family members of members of the armed forces assigned to
special operations forces'' and inserting ``covered
individuals'';
(4) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``family
members of members of the armed forces assigned to
special operations forces'' and inserting ``covered
individuals''; and
(B) in subparagraph (B), by striking ``family
members of members of the armed forces assigned to
special operations forces'' and inserting ``covered
individuals''; and
(5) in subsection (e)(4)--
(A) by inserting ``psychological support, spiritual
support, and'' before ``costs'';
(B) by striking ``immediate family members of
members of the armed forces assigned to special
operations forces'' and inserting ``covered
personnel''; and
(C) by adding at the end the following:
``(5) The term `covered personnel' means--
``(A) members of the Armed Forces (including the
reserve components) assigned to special operations
forces;
``(B) support service personnel assigned to special
operations;
``(C) individuals separated or retired from service
described in subparagraph (A) or (B) for not more than
three years; and
``(D) immediate family members of individuals
described in subparagraphs (A) through (C).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 88 of title 10, United States Code, is amended by striking the
item relating to section 1788a and inserting the following:
``1788a. Support programs: special operations forces personnel;
immediate family members.''.
SEC. 563. AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO CERTAIN IN-HOME
CHILD CARE PROVIDERS FOR MEMBERS OF THE ARMED FORCES AND
SURVIVORS OF MEMBERS WHO DIE IN COMBAT IN THE LINE OF
DUTY.
(a) Authority.--Section 1798 of title 10, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, or to an in-home child care provider,''
after ``youth program services'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Eligible In-Home Child Care Providers.--The Secretary may
determine that an in-home child care provider is eligible for financial
assistance under this section.''.
(b) In-Home Child Care Provider Defined.--Section 1800 of such
title is amended by adding at the end the following:
``(5) The term `in-home child care provider' means an
individual (including a nanny, babysitter, or au pair) who
provides child care services in the home of the child.''.
(c) Regulations.--Not later than July 1, 2021, the Secretary of
Defense shall prescribe regulations that establish eligibility
requirements and amounts of financial assistance for an in-home child
care provider under subsection (c) of section 1798 of title 10, United
States Code, as amended by subsection (a).
SEC. 564. EXPANSION OF FINANCIAL ASSISTANCE UNDER MY CAREER ADVANCEMENT
ACCOUNT PROGRAM.
Section 580F of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended--
(1) by inserting ``or maintenance (including continuing
education courses)'' after ``pursuit''; and
(2) by adding at the end the following: ``Such financial
assistance may be applied to the costs of national tests that
may earn a participating military spouse course credits
required for a degree approved under the program (including the
College Level Examination Program tests and the Subject
Standardized Tests of the Defense Activity for Non-Traditional
Education Support Division of the Department of Defense).''
SEC. 565. CHILD CARE.
(a) 24-Hour Child Care.--If the Secretary of Defense determines it
feasible, the Secretary shall furnish child care to each child of a
member of the Armed Forces or employee of the Department of Defense
while that member or employee works on rotating shifts at a military
installation.
(b) Metrics.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense shall develop and
implement metrics to evaluate the effectiveness of the child care
priority system of the Department of Defense, including--
(1) the speed of placement for children of members of the
Armed Forces on active duty;
(2) the type of child care offered;
(3) available spaces in such system, if any; and
(4) other metrics to monitor the child care priority system
determined by the Secretary.
(c) Report.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report regarding the results of a study that
evaluates--
(1) the sufficiency of the stipend furnished by the
Secretary to members of the Armed Forces for civilian child
care; and
(2) whether the amount of such stipend should be based on--
(A) cost of living in the applicable locale; and
(B) the capacity of licensed civilian child care
providers in the local market.
SEC. 566. CONTINUATION OF PAID PARENTAL LEAVE UPON DEATH OF CHILD.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall amend the regulations prescribed
pursuant to subsections (i) and (j) of section 701 of title 10, United
States Code, to provide that the eligibility of primary and secondary
caregivers for paid parental leave that has already been approved shall
not terminate upon the death of the child for whom such leave is taken.
SEC. 567. STUDY AND REPORT ON THE PERFORMANCE OF THE DEPARTMENT OF
DEFENSE EDUCATION ACTIVITY.
(a) Study.--The Secretary of Defense shall conduct a study on the
performance of the Department of Defense Education Activity.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) A review of the curriculum relating to health,
resiliency, and nutrition taught in schools operated by the
Department of Defense Education Activity and a comparison of
such curriculum to appropriate education benchmarks.
(2) An analysis of the outcomes experienced by students in
such schools, as measured by--
(A) the performance of such students on the
National Assessment of Educational Progress carried out
under section 303(b)(3) of the National Assessment of
Educational Progress Authorization Act (20 U.S.C.
9622(b)(3)); and
(B) any other methodologies used by the Department
of Defense Education Activity to measure individual
student outcomes.
(3) An assessment of the effectiveness of the School
Liaison Officer program of the Department of Defense Education
Activity in achieving the goals of the program with an emphasis
on goals relating to special education and family outreach.
(c) Report.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report that includes the findings of the study
conducted under subsection (a).
SEC. 568. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON THE
STRUCTURAL CONDITION OF DEPARTMENT OF DEFENSE EDUCATION
ACTIVITY SCHOOLS.
(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report setting
forth an assessment by the Comptroller General of the structural
condition of schools of the Department of Defense Education Activity,
both within the continental United States (CONUS) and outside the
continental United States (OCONUS).
(b) Virtual Schools.--The report shall include an assessment of the
virtual infrastructure or other means by which students attend
Department of Defense Education Activity schools that have no physical
structure, including the satisfaction of the military families
concerned with such infrastructure or other means.
SEC. 569. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
(a) Pilot Program Authorized.--Beginning not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall carry out a pilot program under which a dependent of a full-time,
active-duty member of the Armed Forces may enroll in a covered DODEA
school at the military installation to which the member is assigned, on
a space-available basis as described in subsection (c), without regard
to whether the member resides on the installation as described in
2164(a)(1) of title 10, United States Code.
(b) Purposes.--The purposes of the pilot program under this section
are--
(1) to evaluate the feasibility and advisability of
expanding enrollment in covered DODEA schools; and
(2) to determine how increased access to such schools will
affect military and family readiness.
(c) Enrollment on Space-Available Basis.--A student participating
in the pilot program under this section may be enrolled in a covered
DODEA school only if the school has the capacity to accept the student,
as determined by the Director of the Department of Defense Education
Activity.
(d) Locations.--The Secretary of Defense shall carry out the pilot
program under this section at not more than four military installations
at which covered DODEA schools are located. The Secretary shall select
military installations for participation in the program based on--
(1) the readiness needs of the Secretary of a the military
department concerned; and
(2) the capacity of the DODEA schools located at the
installation to accept additional students, as determined by
the Director of the Department of Defense Education Activity.
(e) Termination.--The authority to carry out the pilot program
under this section shall terminate 4 years after the date of the
enactment of this Act.
(f) Covered DODEA School Defined.--In this Section, the term
``covered DODEA school'' means a domestic dependent elementary or
secondary school operated by the Department of Defense Education
Activity that--
(1) has been established on or before the date of the
enactment of this Act; and
(2) is located in the continental United States.
SEC. 570. CONTINUED ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF
MILITARY DEPENDENT STUDENTS.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2021 in division D of this Act and available for operation
and maintenance for Defense-wide activities as specified in the funding
table in section 4301 of this Act, $40,000,000 shall be available only
for the purpose of providing assistance to local educational agencies
under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C.
7703b).
(b) Impact Aid for Children With Severe Disabilities.--Of the
amount authorized to be appropriated for fiscal year 2021 in division D
of this Act and available for operation and maintenance for Defense-
wide activities as specified in the funding table in section 4301 of
this Act, $10,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (Public Law 106-398; 20 U.S.C. 7703a).
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
7013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 570A. STANDARDIZATION OF THE EXCEPTIONAL FAMILY MEMBER PROGRAM.
(a) Policy.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall, to the extent
practicable, standardize the Exceptional Family Member Program (in this
section referred to as the ``EFMP'') across the military departments.
(b) Elements.--The EFMP, standardized under subsection (a), shall
include the following:
(1) Processes for the identification and enrollment of
dependents of covered members with special needs.
(2) A process for the permanent change of orders for
covered members, to ensure seamless continuity of services at
the new permanent duty station.
(3) A review process for installations to ensure that
health care furnished through the TRICARE program, special
needs education programs, and installation-based family support
programs are available to military families enrolled in the
EFMP.
(4) A standardized respite care benefit across the covered
Armed Forces, including the number of hours available under
such benefit to military families enrolled in the EFMP.
(5) Outcomes and metrics to evaluate the EFMP.
(6) A requirement that the Secretary of each military
department provide a dedicated EFMP attorney, who specializes
in education law, at each military installation--
(A) the Secretary determines is a primary receiving
installation for military families with special needs;
and
(B) in a State that the Secretary determines has
historically not supported families enrolled in the
EFMP.
(7) The option for a family enrolled in the EFMP to
continue to receive all services under that program and the
bachelor allowance for housing if--
(A) the covered member receives a new permanent
duty station; and
(B) the covered member and family elect for the
family not to relocate with the covered member.
(8) A process to discuss policy challenges and
opportunities, best practices adopted across the covered Armed
Forces, a forum period for discussion with members of military
families with special needs, and other matters the Secretary of
Defense determines appropriate.
(c) Case Management.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall develop an EFMP
case management model, including the following:
(1) A single EFMP office, located at the headquarters of
each covered Armed Force, to oversee implementation of the EFMP
and coordinate health care services, permanent change of
station order processing, and educational support services for
that covered Armed Force.
(2) An EFMP office at each military installation with case
managers to assist each family of a covered member in the
development of a plan that addresses the areas specified in
subsection (b)(1).
(d) Report.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation of the items identified
under subsections (a), (b), and (c), including any recommendations of
the Secretary regarding legislation.
(e) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on--
(1) whether military families have higher rates of disputes
and loss of free and appropriate public education under section
504 of the Rehabilitation Act of 1973 (Public Law 93-112; 29
U.S.C. 794) than civilian counterparts; and
(2) an analysis of the number of due process hearings that
were filed by school districts against children of members of
the Armed Forces.
(f) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(2) The term ``covered member'' means a member--
(A) of a covered Armed Force; and
(B) with a dependent with special needs.
SEC. 570B. TRAINING PROGRAM REGARDING FOREIGN DISINFORMATION CAMPAIGNS.
(a) Establishment.--Not later than September 30, 2021, the
Secretary of Defense shall establish a program for training members of
the Armed Forces and employees of the Department of Defense regarding
the threat of foreign disinformation campaigns specifically targeted at
such individuals and the families of such individuals.
(b) Report Required.--Not later than October 30, 2021, the
Secretary of Defense shall submit a report to the congressional defense
committees regarding the program under subsection (a).
SEC. 570C. REOPENING OF CHILD CARE FACILITIES OF THE ENGINEER RESEARCH
AND DEVELOPMENT CENTER.
The Secretary of the Army shall reopen all child care facilities of
the Engineer Research and Development Center that were closed during
fiscal year 2020.
SEC. 570D. IMPROVEMENTS TO PARTNER CRITERIA OF THE MILITARY SPOUSE
EMPLOYMENT PARTNERSHIP PROGRAM.
(a) Evaluation; Updates.--Not later than 160 days after the date of
the enactment of this Act, the Secretary of Defense shall evaluate the
partner criteria set forth in the Military Spouse Employment
Partnership Program and implement updates that the Secretary determines
will improve such criteria without diminishing the need for partners to
exhibit sound business practices, broad diversity efforts, and relative
financial stability. Such updates shall expand the number of the
following entities that meet such criteria:
(1) Institutions of primary, secondary, and higher
education.
(2) Software and coding companies.
(3) Local small businesses.
(4) Companies that employ telework.
(b) New Partnerships.--Upon completion of the evaluation under
subsection (a), the Secretary, in cooperation with the Department of
Labor, shall seek to enter into agreements with entities described in
paragraphs (1) through (4) of subsection (a) that are located near
military installations (as that term is defined in section 2687 of
title 10, United States Code).
(c) Review; Report.--Not later than 1 year after implementation
under subsection (a), the Secretary shall review updates under
subsection (a) and publish a report regarding such review on a
publicly-accessible website of the Department of Defense. Such report
shall include the following:
(1) Military spouse employment rates related to types of
entities described in subsection (a).
(2) Application rates, website clicks, and other basic
metrics that measure the interest level of military spouses in
types of entities described in subsection (a).
(3) Recommendations for increasing military spouse
employment opportunities in the types of entities described in
subsection (a).
Subtitle H--Diversity and Inclusion
SEC. 571. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS.
(a) Standard Diversity Metrics and Annual Reporting Requirement.--
Section 113 of title 10, United States Code is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1), the following
new paragraph (2):
``(2) a report from each military department on the goals,
barriers, and status of diversity and inclusion of that
military department;''; and
(2) in subsection (g)(1)(B), by inserting after clause
(vi), the following new clause (vii):
``(vii) Strategic metrics and benchmarks
evaluating how the officer and enlisted corps
reflects the eligible United States population
across all armed forces and ranks.'';
(3) by redesignating subsections (m) and (n) as subsections
(n) and (o), respectively; and
(4) by inserting after subsection (k), the following new
subsections (l) and (m):
``(l)(1) The Secretary of Defense shall establish and maintain a
standard set of strategic metrics and benchmarks toward objectives of:
``(A) an officer and enlisted corps that reflects the
eligible U.S. population across all armed forces and ranks; and
``(B) a military force that is able to prevail in its wars,
prevent and deter conflict, defeat adversaries and succeed in a
wide range of contingencies, and preserve and enhance the all-
volunteer force.
``(2) In implementing the requirement in paragraph (1), the
Secretary shall--
``(A) establish a universal data collection system to
ensure comparability across each military department;
``(B) establish standard definitions of demographic groups,
a common methodology, and a common reporting structure across
each military department;
``(C) conduct annual barrier analyses to review demographic
diversity patterns across the military life cycle, starting
with accessions; and
``(D) each year meet with the Secretaries of the military
departments, the Chiefs of Staff of the armed forces, and the
Chairman of the Joint Chiefs of Staff to assess progress
towards the objective under paragraph (1) and establish
recommendations to meet such objective.
``(m) The Secretary shall include in each national defense strategy
under subsection (g)--
``(1) the demographics, disaggregated by grade, ethnicity,
race, gender, and military occupational specialty, for--
``(A) accession into the armed forces;
``(B) the enlisted corps;
``(C) the commissioned officers;
``(D) graduates of the military service academies;
``(E) the rate of promotion in the promotion zone;
``(F) the rate of promotion below the zone for
promotion;
``(G) the rates of retention;
``(H) command selection;
``(I) special assignments;
``(J) career broadening assignments;
``(K) aides to general officers and flag officers;
and
``(L) any other matter the Secretary determines
appropriate;
``(2) an analysis of assignment patterns by ethnicity,
race, and gender;
``(3) an analysis of attitudinal survey data by ethnicity,
race, and gender;
``(4) an assessment of the available pool of qualified of
Asian American, Native Hawaiian, Pacific Islander, African
American, Hispanic, Puerto Rican, Native American, Alaska
Native and female candidates for pay grades O-9 and O-10;
``(5) identification of persistent, group-specific
deviations from overall averages and plans to investigate
underlying causes; and
``(6) summaries of progress made on previous actions.''.
(b) National Guard Diversity Reporting.--Section 10504 of title 10,
United States Code is amended by adding at the end the following new
subsection (d):
``(d) Report on Diversity and Inclusion.--
``(1) In general.--Not less than once every four years, the
Chief of the National Guard Bureau shall report in writing to
the Secretary of Defense and the Congress on the status of
diversity in each State, Territory, and the District of
Columbia for all ranks of the Army and Air National Guard.
``(2) Elements.--Each report under paragraph (1) shall
include--
``(A) the demographics, disaggregated by State,
grade, ethnicity, race, gender, and military
occupational specialty, for--
``(i) accession into the National Guard;
``(ii) the enlisted corps;
``(iii) the commissioned officers;
``(iv) the rate of promotion in the
promotion zone;
``(v) the rate of promotion below the zone
for promotion;
``(vi) the rates of retention;
``(vii) command selection;
``(viii) special assignments;
``(ix) career broadening assignments;
``(x) aides to a general officer; and
``(xi) any other matter the Chief of the
National Guard Bureau determines appropriate;
``(B) an analysis of assignment patterns by
ethnicity, race, and gender;
``(C) an analysis of attitudinal survey data by
ethnicity, race, and gender;
``(D) an assessment of the available pool of
qualified of Asian American, Native Hawaiian, Pacific
Islander, African American, Hispanic, Puerto Rican,
Native American, Alaska Native and female candidates
for pay grades O-9 and O-10;
``(E) identification of persistent, group-specific
deviations from overall averages and plans to
investigate underlying causes; and
``(F) summaries of progress made on previous
actions.
``(3) Public availability.--The Chief of the National Guard
Bureau shall--
``(A) publish on an appropriate publicly available
website of the National Guard the reports required
under paragraph (1); and
``(B) ensure that any data included with the report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.''.
(c) Coast Guard Diversity Reporting.--Section 5101 of title 14,
United States Code is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1), the following
new paragraph (2):
``(2) the goals, barriers, and status of diversity and
inclusion;''; and
(3) by adding at the end the following new subsection (c):
``(c) Not less than once every 4 years, the Secretary shall include
in the annual request under subsection (a)--
``(1) the demographics, disaggregated by grade, ethnicity,
race, gender, and military occupational specialty, for--
``(A) accession into the Coast Guard;
``(B) the enlisted corps;
``(C) the commissioned officers;
``(D) graduates of the Coast Guard Academy;
``(E) the rate of promotion in the promotion zone;
``(F) the rate of promotion below the zone for
promotion;
``(G) the rates of retention;
``(H) command selection;
``(I) special assignments;
``(J) career broadening assignments;
``(K) aides to a flag officer; and
``(L) any other matter the Secretary determines
appropriate;
``(2) an analysis of assignment patterns by ethnicity,
race, and gender;
``(3) an analysis of attitudinal survey data by ethnicity,
race, and gender;
``(4) an assessment of the available pool of qualified of
Asian American, Native Hawaiian, Pacific Islander, African
American, Hispanic, Puerto Rican, Native American, Alaska
Native and female candidates for pay grades O-9 and O-10;
``(5) identification of persistent, group-specific
deviations from overall averages and plans to investigate
underlying causes; and
``(6) summaries of progress made on previous actions.''.
(d) Requirement To Consider Minority Officers for O-9 and O-10
Grades.--
(1) Army, navy, air force, marine corps, and space force.--
Section 601 of title 10, United States Code is amended by
adding at the end the following new subsections:
``(e) The Chairman of the Joint Chiefs of Staff shall consider all
Asian American, Native Hawaiian, Pacific Islander, African American,
Hispanic, Puerto Rican, Native American, Alaska Native and female
candidates prior to recommending to the President an initial
appointment to the grade of lieutenant general or vice admiral, or an
initial appointment to the grade of general or admiral.
``(f) When seeking the advice and consent of the Senate under
subsection (a), the President shall submit to the Committee on Armed
Services of the Senate a certification that--
``(1) all Asian American, Native Hawaiian, Pacific
Islander, African American, Hispanic, Puerto Rican, Native
American, Alaska Native and female candidates were considered
for appointment; and
``(2)(A) none of the candidates under subparagraph (A) met
the qualifications needed by an officer serving in that
position or office to carry out effectively the duties and
responsibilities of that position or office; or
``(B) the officers in the positions designated under
subsection (a) represent the diversity of the armed forces to
the extent practicable.''.
(2) Coast guard.--Section 305(a) of title 14, United States
Code, is amended by adding at the end the following new
paragraphs:
``(4) The Commandant shall consider all Asian American, Native
Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican,
Native American, Alaska Native and female candidates prior to
recommending to the President an initial appointment to the grade of
vice admiral, or an initial appointment to the grade of admiral.
``(5) When seeking the advice and consent of the Senate under
subsection (a), the President shall submit to the committee of the
Senate with jurisdiction over the department in which the Coast Guard
is operating a certification that--
``(A) all Asian American, Native Hawaiian, Pacific
Islander, African American, Hispanic, Puerto Rican, Native
American, Alaska Native and female candidates were considered
for appointment; and
``(B)(i) none of the candidates under subparagraph (A) met
the qualifications needed by an officer serving in that
position or office to carry out effectively the duties and
responsibilities of that position or office; or
``(ii) the officers in the positions designated under
subsection (a) represent the diversity of the armed forces to
the extent practicable.''.
SEC. 572. ESTABLISHMENT OF DIVERSITY AND INCLUSION ADVISORY COUNCIL OF
THE DEPARTMENT OF DEFENSE.
(a) Establishment.--Chapter 7 of title 10, United States Code, is
amended by inserting before section 187 the following:
``Sec. 186. Diversity and Inclusion Advisory Council
``(a) Establishment.--The Secretary of the Department of Defense
(referred to in this section as the `Secretary') shall establish a
council to be known as the `Diversity and Inclusion Advisory Council of
the Department of Defense' (referred to in this section as the
`Council').
``(b) Duties.--The Council shall provide advice and recommendations
to the Secretary on matters concerning diversity and inclusion in the
Department of Defense, relating to the following:
``(1) Aligning diversity and inclusion with the strategic
goals of the Department of Defense.
``(2) Conducting strategic outreach efforts to identify,
attract, and recruit individuals that represent the demographic
diversity of the United States.
``(3) Developing, mentoring, and retaining a diverse and
inclusive Armed Forces.
``(4) Encouraging leadership development through diversity
and inclusion practices and processes.
``(c) Membership.--
``(1) In general.--The Council shall be composed of not
fewer than 22 members, including the Federal officials and
officers specified in paragraph (2), and not fewer than 12
members appointed by the Secretary from nongovernmental
positions described in paragraph (3).
``(2) Federal officials and officers.--The Federal
officials and officers specified in this paragraph are the
following:
``(A) The Chief Diversity Officer of the Department
of Defense.
``(B) The Under Secretary of Defense for Personnel
and Readiness.
``(C) The Chief of Staff of the Army.
``(D) The Chief of Naval Operations.
``(E) The Chief of Staff of the Air Force.
``(F) The Chief of Space Operations.
``(G) The Chief of Staff of the Air Force.
``(H) The Commandant of the Marine Corps.
``(I) The Commandant of the Coast Guard.
``(J) The Chief of the National Guard Bureau.
``(3) Nongovernmental positions.--Nongovernmental positions
described in this paragraph are the following:
``(A) Five presidents or chancellors of
institutions of higher education, including private and
public institutions representing diverse areas of the
United States.
``(B) Senior leaders of the defense industries of
the United States.
``(C) Senior leaders of veterans or military
service organizations.
``(D) Veterans (as defined in section 101 of title
38).
``(E) Others determined appropriate by the
Secretary.
``(4) Timing of appointments.--Appointments to the Council
shall be made not later than four months after the date of the
enactment of this Act.
``(5) Terms.--
``(A) In general.--Each member shall be appointed
for a term of two years.
``(B) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that term until a
successor has been appointed.
``(6) Chairperson and vice chairperson.--
``(A) Chairperson.--The Chairperson of the Council
shall be the Chief Diversity Officer of the Department
of Defense.
``(B) Vice chairperson.--The Vice Chairperson shall
be designated by the Secretary at the time of the
appointment of the members pursuant to paragraph (4),
and when a vacancy of the Vice Chairperson occurs, as
the case may be.
``(d) Meeting.--
``(1) Meetings.--The Council shall meet not fewer than four
times each year at the call of the Chairperson or Vice
Chairperson.
``(2) Quorum.--Twelve members of the Council, including six
appointed under subsection (c)(2) and six appointed under
subsection (c)(3), shall constitute a quorum.
``(e) Compensation.--
``(1) Prohibition on compensation.--Except as provided in
paragraph (2), members of the Council may not receive
additional pay, allowances, or benefits by reason of their
service on the Council.
``(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5.
``(f) Administrative Support Services.--Upon the request of the
Council, the Secretary shall provide to the Council, on a reimbursable
basis, the administrative support services necessary for the Council to
carry out its responsibilities under this Act.
``(g) Reports.--Not later than 180 days after the date on which the
Council holds its initial meeting under subsection (d) and annually
thereafter, the Council shall submit to the congressional defense
committees a report containing a detailed statement of the advice and
recommendations of the Council pursuant to subsection (b).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 10, United States Code, is amended by inserting
before the item relating to section 187 the following:
``186. Diversity and Inclusion Advisory Council.''.
SEC. 573. ESTABLISHMENT OF SPECIAL INSPECTOR GENERAL FOR RACIAL AND
ETHNIC DISPARITIES IN THE ARMED FORCES; AMENDMENTS TO
INSPECTOR GENERAL ACT.
(a) Special Inspector General for Racial and Ethnic Disparities in
the Armed Forces.--
(1) Purposes.--The purposes of this section are the
following:
(A) To provide for the independent and objective
conduct and supervision of audits and investigations
relating to racial and ethnic disparities in military
personnel and military justice systems, and white
supremacy among military personnel.
(B) To provide recommendations to the Secretary of
Defense and to Congress on actions necessary to
eliminate racial and ethnic disparities in military
personnel and military justice systems.
(2) Office of inspector general.--To carry out the purposes
of paragraph (1), there is hereby established, in the
Department of Defense, the Office of the Special Inspector
General for Racial and Ethnic Disparities in the Armed Forces.
(3) Appointment of inspector general.--
(A) Nomination; appointment.--The head of the
Office of the Special Inspector General for Racial and
Ethnic Disparities is the Special Inspector General for
Racial and Ethnic Disparities (in this section referred
to as the ``Inspector General''), who shall be
appointed by the President, by and with the advice and
consent of the Senate.
(B) Qualifications.--The appointment of the
Inspector General shall be made solely on the basis of
integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis,
public administration, or investigations.
(C) Deadline for nomination.--The nomination of an
individual as Inspector General shall be made not later
than 90 days after the date of the enactment of this
Act.
(D) Compensation.--The annual rate of basic pay of
the Inspector General shall be the annual rate of basic
pay provided for positions at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(E) Prohibition on political activities.--For
purposes of section 7324 of title 5, United States
Code, the Inspector General shall not be considered an
employee who determines policies to be pursued by the
United States in the nationwide administration of
Federal law.
(F) Removal.--The Inspector General shall be
removable from office in accordance with the provisions
of section 3(b) of the Inspector General Act of 1978 (5
U.S.C. App.).
(4) Assistant inspectors general.--The Inspector General
shall, in accordance with applicable laws and regulations
governing the civil service, appoint an Assistant Inspector
General for Military Justice who shall have the responsibility
for auditing and investigation activities relating to racial
and ethnic disparities within the military justice system.
(5) Supervision.--
(A) In general.--Except as provided in subparagraph
(B), the Inspector General shall report directly to,
and be under the general supervision of the Secretary
of Defense.
(B) Independence to conduct investigations and
audits.--No officer of the Department of Defense shall
prevent or prohibit the Inspector General from
initiating, carrying out, or completing any audit or
investigation related to racial and ethnic disparities
or from issuing any subpoena during the course of any
such audit or investigation.
(6) Duties.--
(A) Oversight of military justice.--It shall be the
duty of the Inspector General to conduct, supervise,
and coordinate audits and investigations of--
(i) the effect of military justice policies
and practices on racial and ethnic disparities,
including overrepresentation of minorities in
actions related to investigations, courts-
martial, nonjudicial punishments, and other
military justice actions as determined by the
Inspector General;
(ii) the effect of military personnel
policies and practices, including recruiting,
accessions, and promotions, on racial and
ethnic disparities, including
underrepresentation of minorities among members
of the Armed Forces under the jurisdiction of
the Secretary of a military department in
grades above E-7;
(iii) the scope and efficacy of existing
diversity and inclusion offices and programs
within the Department of Defense; and
(iv) white supremacist activities among
military personnel and any other issues,
determined by the Inspector General, necessary
to address racial and ethnic disparities within
the Armed Forces under the jurisdiction of the
Secretary of a military department.
(B) Other duties related to oversight.--The
Inspector General shall establish, maintain, and
oversee such systems, procedures, and controls as the
Inspector General considers appropriate to discharge
the duties under subparagraph (A).
(C) Duties and responsibilities under inspector
general act of 1978.--In addition to the duties
specified in subparagraphs (A) and (B), the Inspector
General shall also have the duties and responsibilities
of inspectors general under the Inspector General Act
of 1978.
(D) Coordination of efforts.--In carrying out the
duties, responsibilities, and authorities of the
Inspector General under this section, the Inspector
General shall coordinate with, and receive the
cooperation of each of the following:
(i) The Inspector General of the Department
of Defense.
(ii) The Inspector General of the Army.
(iii) The Inspector General of the Navy.
(iv) The Inspector General of the Air
Force.
(7) Powers and authorities.--
(A) Authorities under inspector general act of
1978.--In carrying out the duties specified in
paragraph (6), the Inspector General shall have the
authorities provided in section 6 of the Inspector
General Act of 1978.
(B) Audit standards.--The Inspector General shall
carry out the duties specified in paragraph (6)(A) in
accordance with section 4(b)(1) of the Inspector
General Act of 1978.
(8) Personnel, facilities, and other resources.--
(A) Personnel.--The Inspector General may select,
appoint, and employ such officers and employees as may
be necessary for carrying out the duties of the
Inspector General, subject to the provisions of title
5, United States Code, governing appointments in the
competitive service, and the provisions of chapter 51
and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay
rates.
(B) Employment of experts and consultants.--The
Inspector General may obtain services as authorized by
section 3109 of title 5, United States Code, at daily
rates not to exceed the equivalent rate prescribed for
grade GS-15 of the General Schedule by section 5332 of
such title.
(C) Contracting authority.--To the extent and in
such amounts as may be provided in advance by
appropriations Acts, the Inspector General may enter
into contracts and other arrangements for audits,
studies, analyses, and other services with public
agencies and with private persons, and make such
payments as may be necessary to carry out the duties of
the Inspector General.
(D) Resources.--The Secretary of Defense, as
appropriate, shall provide the Inspector General with
appropriate and adequate office space at appropriate
locations of the Department of Defense, together with
such equipment, office supplies, and communications
facilities and services as may be necessary for the
operation of such offices, and shall provide necessary
maintenance services for such offices and the equipment
and facilities located therein.
(E) Assistance from federal agencies.--
(i) In general.--Upon request of the
Inspector General for information or assistance
from any department, agency, or other entity of
the Federal Government, the head of such entity
shall, insofar as is practicable and not in
contravention of any existing law, furnish such
information or assistance to the Inspector
General, or an authorized designee.
(ii) Reporting of refused assistance.--
Whenever information or assistance requested by
the Inspector General is, in the judgment of
the Inspector General, unreasonably refused or
not provided, the Inspector General shall
report the circumstances to the Secretary of
Defense, as appropriate, and to the appropriate
congressional committees without delay.
(9) Reports.--
(A) Quarterly reports.--Not later than 30 days
after the end of each fiscal-year quarter, the
Inspector General shall submit quarterly reports to the
Secretary of Defense and the congressional defense
committees summarizing the activities of the Inspector
General for the previous quarter.
(B) Annual reports.--The Inspector General shall
submit annual reports to the Secretary of Defense and
the congressional defense committees presenting
recommendations for changes to policy, practice,
regulation, and statute to eliminate disparities within
the military personnel and military justice systems and
to eliminate white supremacist activities among
military personnel. Each such report shall include an
accounting and detailing of every incident of white
supremacist activity documented in the Department of
Defense.
(C) Occasional reports.--The Inspector General
shall, from time to time, submit additional reports
containing findings and recommendations at the
discretion of the Inspector General.
(D) Online publication.--The Inspector General
shall publish each report under this paragraph on a
publicly available website not later than 7 days after
submission to the Secretary of Defense and the
congressional defense committees.
(10) Funding.--This section shall be carried out using not
more than $10,000,000 of funds authorized to be appropriated in
this Act for Operation and Maintenance, Defense-wide, and no
additional amounts are authorized to be appropriated to carry
out this section.
(b) Amendments to the Inspector General Act.--The Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 3(b)--
(A) by inserting ``(1)'' before ``An Inspector
General'';
(B) by inserting after the first sentence the
following: ``An Inspector General may only be removed
by the President before the expiration of the term of
the Inspector General for permanent incapacity, neglect
of duty, malfeasance, conviction of a felony or conduct
involving moral turpitude, knowing violation of a law,
gross mismanagement, gross waste of funds, or abuse of
authority.''; and
(C) by adding at the end the following new
paragraphs:
``(2) If an Inspector General is removed by the President under
paragraph (1) fewer than 30 days after the President has communicated
in writing the reasons for such removal pursuant to paragraph (1), the
Inspector General shall submit to the Council of the Inspectors General
on Integrity and Efficiency a report that includes the following
information:
``(A) A description of the facts and circumstances of each
investigation involving a senior government employee (as
defined in section 5 of this Act) being conducted by that
Inspector General at the time of such removal.
``(B) Any other matter that the Inspector General
determines to include.
``(3) Any individual serving as the head of an Office of Inspector
General, after the removal of an Inspector General under paragraph (1),
shall issue to the Council of the Inspectors General on Integrity and
Efficiency a report identifying any instances in which an investigation
or matter described in paragraph (2) is closed prior to its completion,
with a description of the reasons for closing the investigation or
matter.''; and
(2) in section 8G(e), by adding at the end the following
new paragraph:
``(3) In the event of the removal of an Inspector General, the
Council of the Inspectors General on Integrity and Efficiency shall--
``(A) investigate the reasons for removal provided by the
President;
``(B) publish a report including the determination of the
Council whether the reasons described in subparagraph (A) are
in accordance with the relevant provisions relating to for
cause removal;
``(C) review any investigation that was being conducted by
the Inspector General at the time of such removal; and
``(D) submit, to the congressional committees the Council
determine to be relevant, a report that includes the
determination of the Council whether an investigation described
in subparagraph (C) motivated such removal.''.
SEC. 574. QUESTIONS REGARDING RACISM, ANTI-SEMITISM, AND SUPREMACISM IN
WORKPLACE SURVEYS ADMINISTERED BY THE SECRETARY OF
DEFENSE.
Section 593 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended, in paragraph (1), by
inserting ``, racist, xenophobic, anti-Semitic, or supremacist'' after
``extremist''.
SEC. 575. REPORT ON DEMOGRAPHICS OF OFFICERS APPOINTED TO CERTAIN
GRADES.
Not later than the first October 1 to occur after the date of the
enactment of this Act, and annually thereafter, each Secretary of a
military department shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report summarizing the gender
and race of each individual who received an appointment under section
531 or 601 of title 10, United States Code, during the immediately
preceding fiscal year.
SEC. 576. PLANS TO INCREASE FEMALE AND MINORITY REPRESENTATION IN THE
ARMED FORCES.
(a) Plans Required.--The Secretary of Defense and each Secretary of
a military department shall develop plans to increase, with respect to
female and minority members of the Armed Forces and cadets or
midshipmen under the jurisdiction of that Secretary, the following:
(1) Recruitment.
(2) Retention.
(3) Representation in grades above E-7.
(b) Elements.--Each plan developed under this section shall include
clearly defined goals, performance measures, and timeframes.
(c) Goals.--A goal under subsection (b) shall be to exceed, by not
less than 100 percent, the rate at which the number of members
described in subsection (a)(3) increased during the 5 years immediately
preceding the date of the enactment of this Act.
(d) Submittal.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and each Secretary of a
military department shall submit to the committees on Armed Services of
the Senate and the House of Representatives a copy of each plan
developed under this section by that Secretary.
(e) Report.--Three months after submitting a plan under subsection
(d) and quarterly thereafter for 5 years, the Secretary of Defense and
each Secretary of a military department shall submit to the committees
on Armed Services of the Senate and the House of Representatives a
report indicating the number of female and minority members in grades
above E-7 in each Armed Force under the jurisdiction of that Secretary.
SEC. 577. EVALUATION OF BARRIERS TO MINORITY PARTICIPATION IN CERTAIN
UNITS OF THE ARMED FORCES.
(a) Study Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness shall seek to enter into an agreement
with a federally funded research and development center with
relevant expertise to conduct an evaluation of the barriers to
minority participation in covered units of the Armed Forces.
(2) Elements.--The evaluation required under paragraph (1)
shall include the following elements:
(A) A description of the racial, ethnic, and gender
composition of covered units.
(B) A comparison of the participation rates of
minority populations in covered units to participation
rates of the general population as members and as
officers of the Armed Forces.
(C) A comparison of the percentage of minority
officers in the grade of O-7 or higher who have served
in each covered unit to such percentage for all such
officers in the Armed Force of that covered unit.
(D) An identification of barriers to minority
(including English language learners) participation in
the recruitment, accession, assessment, and training
processes.
(E) The status and effectiveness of the response to
the recommendations contained in the report of the RAND
Corporation titled ``Barriers to Minority Participation
in Special Operations Forces'' and any follow-up
recommendations.
(F) Recommendations to increase the numbers of
minority officers in the Armed Forces.
(G) Recommendations to increase minority
participation in covered units.
(H) Any other matters the Secretary determines
appropriate.
(3) Report to congress.--The Secretary shall--
(A) submit to the congressional defense committees
a report on the results of the study by not later than
January 1, 2022; and
(B) provide interim briefings to such committees
upon request.
(b) Designation.--The study conducted under subsection (a) shall be
known as the ``Study on Reducing Barriers to Minority Participation in
Elite Units in the Armed Services''.
(c) Implementation Required.--
(1) In general.--Except as provided in paragraph (2), not
later than March 1, 2023, the Secretary of Defense shall
commence the implementation of each recommendation included in
the final report submitted under subsection (a)(3).
(2) Exceptions.--
(A) Delayed implementation.--The Secretary of
Defense may commence implementation of a recommendation
described paragraph (1) later than March 1, 2023, if--
(i) the Secretary submits to the
congressional defense committees, not later
than January 1, 2023, written notice of the
intent of the Secretary to delay implementation
of the recommendation; and
(ii) includes, as part of such notice, a
specific justification for the delay in
implementing the recommendation.
(B) Nonimplementation.--The Secretary of Defense
may elect not to implement a recommendation described
in paragraph (1), if--
(i) the Secretary submits to the
congressional defense committees, not later
than January 1, 2023, written notice of the
intent of the Secretary not to implement the
recommendation; and
(ii) includes, as part of such notice--
(I) the reasons for the Secretary's
decision not to implement the
recommendation; and
(II) a summary of alternative
actions the Secretary will carry out to
address the purposes underlying the
recommendation.
(3) Implementation plan.--For each recommendation that the
Secretary implements under this subsection, the Secretary shall
submit to the congressional defense committees an
implementation plan that includes--
(A) a summary of actions the Secretary has carried
out, or intends to carry out, to implement the
recommendation; and
(B) a schedule, with specific milestones, for
completing the implementation of the recommendation.
(d) Covered Units Defined.--In this section, the term ``covered
units'' means the following:
(1) Army Special Forces.
(2) Army Rangers.
(3) Navy SEALs.
(4) Air Force Combat Control Teams.
(5) Air Force Pararescue.
(6) Air Force Special Reconnaissance.
(7) Marine Raider Regiments.
(8) Marine Corps Force Reconnaissance.
(9) Coast Guard Maritime Security Response Team.
(10) Any other forces designated by the Secretary of
Defense as special operations forces.
(11) Pilot and navigator military occupational specialties.
SEC. 578. REPORT TO CONGRESS ON EFFORTS TO INCREASE DIVERSITY AND
REPRESENTATION IN FILM, TELEVISION, AND PUBLISHING.
(a) Promulgation of Policy.--The Secretary of Defense and each
Secretary of a military department shall promulgate a policy to
promote, to the maximum extent possible, the depiction of marginalized
communities in projects with the film, television, and publishing
industries carried out through the respective offices of public
affairs.
(b) Consideration of Depiction of Certain Communities.--The
Secretary of Defense and each Secretary of a military department shall
consider the promotion of a marginalized community as an affirmative
factor in any decision to provide assistance to a production studio or
publishing company through the respective offices of public affairs.
(c) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in coordination
with each Secretary of a military department, shall submit to the
congressional defense committees a report on--
(1) the policies promulgated under subsection (a); and
(2) the activities carried out by the Secretary of Defense
and each such Secretary of a military department pursuant to
such subsection.
(d) Definition of Marginalized Community.--In this section, the
term ``marginalized community'' means a community--
(1) that is (or historically was) under-represented in the
film, television, and publishing industries, including--
(A) women;
(B) racial and ethnic minorities;
(C) individuals with disabilities;
(D) members of the LGBTQ community;
(E) individuals of all ages; and
(F) other individuals from under-represented
communities; and
(2) whose members have served in the Armed Forces.
SEC. 579. PLAN TO IMPROVE RESPONSES TO PREGNANCY AND CHILDBIRTH BY
MEMBERS OF THE ARMED FORCES AND EMPLOYEES OF THE
DEPARTMENT OF DEFENSE.
(a) Plan Required.--The Secretary of Defense, in coordination with
the Secretaries of the military departments, shall develop a plan to
ensure that the career of a covered individual is not unduly affected
because of being a covered individual. The plan shall address the
following policy considerations:
(1) Enforcement and implementation of the Pregnancy
Discrimination Act (Public Law 95-555; 42 U.S.C. 2000e(k)) by
the Department of Defense and the Equal Employment Opportunity
Commission with regards to civilian employees of the Department
of Defense.
(2) The need for individual determinations regarding the
ability of members of the Armed Forces to serve during and
after pregnancy.
(3) Responses to the effects specific to covered
individuals who reintegrate into home life after deployment.
(4) Pregnancy discrimination training, including
comprehensive education of new policies to diminish stigma,
stereotypes, and negative perceptions regarding covered
individuals, including with regards to commitment to the Armed
Forces and abilities.
(5) Opportunities to maintain readiness when positions are
unfilled due to pregnancy, medical conditions arising from
pregnancy or childbirth, pregnancy convalescence, or parental
leave.
(6) Reasonable accommodations for covered individuals in
general and specific accommodations based on career field or
military occupational specialty.
(7) Reissuing school enrollments or special assignments to
covered individuals.
(8) Extended assignments and performance reporting periods
for covered individuals.
(9) A mechanism by which covered individuals may report
harassment or discrimination, including retaliation, relating
to being a covered individual.
(b) Report on Plan.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report detailing the plan required under this
section and a strategy to implement the plan.
(c) Implementation.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) complete implementation of the plan under this section;
and
(2) submit to the congressional defense committees a report
detailing the research performed, considerations, and policy
changes implemented under this section.
(d) Covered Individual Defined.--In this section, the term
``covered individual'' means a member of the Armed Forces or employee
of the Department of Defense who--
(1) is pregnant;
(2) gives birth to a child; or
(3) incurs a medical condition arising from pregnancy or
childbirth.
Subtitle I--Decorations and Awards
SEC. 581. ESTABLISHMENT OF THE ATOMIC VETERANS SERVICE MEDAL.
(a) Service Medal Required.--The Secretary of Defense shall design
and produce a military service medal, to be known as the ``Atomic
Veterans Service Medal'', to honor retired and former members of the
Armed Forces who are radiation-exposed veterans (as such term is
defined in section 1112(c)(3) of title 38, United States Code).
(b) Distribution of Medal.--
(1) Issuance to retired and former members.--At the request
of a radiation-exposed veteran, the Secretary of Defense shall
issue the Atomic Veterans Service Medal to the veteran.
(2) Issuance to next-of-kin.--In the case of a radiation-
exposed veteran who is deceased, the Secretary may provide for
issuance of the Atomic Veterans Service Medal to the next-of-
kin of the person.
(3) Application.--The Secretary shall prepare and
disseminate as appropriate an application by which radiation-
exposed veterans and their next-of-kin may apply to receive the
Atomic Veterans Service Medal.
SEC. 582. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED-SERVICE CROSS
FOR RAMIRO F. OLIVO FOR ACTS OF VALOR DURING THE VIETNAM
WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 7274 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the United States Armed Forces, the President of the
United States is authorized to award the Distinguished-Service Cross
under section 7272 of such title to Ramiro F. Olivo for the acts of
valor during the Vietnam War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor described in this
subsection are the actions of Ramiro F. Olivo on May 9, 1968, as a
member of the Army while serving in the Republic of Vietnam with
Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division.
SEC. 583. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR VIETNAM
SERVICE MEDAL.
The Secretary of the military department concerned may, upon the
application of an individual who is a veteran who participated in
Operation End Sweep, award that individual the Vietnam Service Medal.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. EXPANSION OF DEPARTMENT OF DEFENSE STARBASE PROGRAM.
(a) In General.--Section 2193b of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``science,
mathematics, and technology'' and inserting ``science,
technology, engineering, art and design, and mathematics'';
(2) in subsection (a), by striking ``science, mathematics,
and technology'' and inserting ``science, technology,
engineering, art and design, and mathematics''; and
(3) in subsection (b), by striking ``mathematics, science,
and technology'' and inserting ``science, technology,
engineering, art and design, and mathematics''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 111 of title 10, United States Code, is amended by striking the
item relating to section 2193b and inserting the following new item:
``2193b. Improvement of education in technical fields: program for
support of elementary and secondary
education in science, technology,
engineering, art and design, and
mathematics.''.
SEC. 592. INCLUSION OF CERTAIN OUTLYING AREAS IN THE DEPARTMENT OF
DEFENSE STARBASE PROGRAM.
Section 2193b(h) of title 10, United States Code, is amended by
inserting ``the Commonwealth of the Northern Mariana Islands, American
Samoa,'' before ``and Guam''.
SEC. 593. PROHIBITION ON CHARGING FOR OR COUNTING CERTAIN ACRONYMS ON
HEADSTONES OF INDIVIDUALS INTERRED AT ARLINGTON NATIONAL
CEMETERY.
The Secretary of the Army shall prescribe regulations or establish
policies that, with regards to the headstone for an individual interred
at Arlington National Cemetery, prohibit the charging of a fee for, or
counting towards character or line count, the following acronyms:
(1) ``KIA'' for an individual killed in action.
(2) ``MIA'' for an individual who was missing in action.
(3) ``POW'' for an individual who was a prisoner of war.
SEC. 594. REPORT ON PLACEMENT OF MEMBERS OF THE ARMED FORCES IN
ACADEMIC STATUS WHO ARE VICTIMS OF SEXUAL ASSAULT ONTO
NON-RATED PERIODS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
feasibility and advisability, and current practice (if any), of the
Department of Defense of granting requests by members of the Armed
Forces who are in academic status (whether at the military service
academies or in developmental education programs) and who are victims
of sexual assault to be placed on a Non-Rated Period for their
performance report.
SEC. 595. SENSE OF CONGRESS REGARDING ADVERTISING RECRUITING EFFORTS.
It is the sense of Congress that the Chiefs of the Armed Forces, in
coordination with the Recruiting Commands of the Armed Forces, should
give all due consideration to the use of local broadcasting and
traditional news publishers when advertising.
SEC. 596. STUDY ON FINANCIAL IMPACTS OF COVID-19 ON MEMBERS OF THE
ARMED FORCES AND BEST PRACTICES TO PREVENT FUTURE
FINANCIAL HARDSHIPS.
(a) Study.--The Secretary of Defense shall conduct a study on the
financial hardships experienced by members of the Armed Forces
(including the reserve components) as a result of the COVID-19
pandemic.
(b) Elements.--The study shall--
(1) examine the financial hardships members of the Armed
Forces experience as a result of the COVID-19 pandemic,
including the effects of stop movement orders, loss of spousal
income, loss of hazardous duty incentive pay, school closures,
loss of childcare, loss of educational benefits, loss of drill
and exercise pay, cancelled deployments, and any additional
financial stressors identified by the Secretary;
(2) recommend best practices to provide assistance for
members of the Armed Forces experiencing the financial
hardships listed in paragraph (1); and
(3) identify actions that can be taken by the Secretary to
prevent financial hardships listed in paragraph (1) from
occurring in the future.
(c) Consultation and Coordination.--For the purposes of the study,
the Secretary shall--
(1) consult with the Director of the Consumer Financial
Protection Bureau; and
(2) with respect to members of the Coast Guard, coordinate
with the Secretary of Homeland Security.
(d) Submission.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report on the study under subsection (a).
(e) Definitions.--In this section--
(1) the term ``financial hardship'' means a loss of income
or an unforeseen expense as a result of closures and changes in
operations in response to the COVID-19 pandemic; and
(2) the term ``appropriate congressional committees'' means
the Committees on Armed Services of the Senate and House of
Representatives.
SEC. 597. SENSE OF CONGRESS HONORING THE DOVER AIR FORCE BASE,
DELAWARE, HOME TO THE 436TH AIRLIFT WING, THE 512TH
AIRLIFT WING, AND THE CHARLES C. CARSON CENTER FOR
MORTUARY AFFAIRS.
(a) Findings.--Congress find the following:
(1) The Dover Air Force Base is home more than 4,000
active-duty military and civilian employees tasked with
defending the United States of America.
(2) The Dover Air Force Base supports the mission of the th
Airlift Wing, known as ``Eagle Wing'' and the 512th Airlift
Wing, known as Liberty Wing.
(3) The ``Eagle Wing'' serves as a unit of the Eighteenth
Air Force headquartered with the Air Mobility Command at Scott
Air Force Base in Illinois.
(4) The ``Eagle Wing'' flies hundreds of missions
throughout the world and provides a quarter of the United
States' strategic airlift capability and boasts a global reach
to over 100 countries around the world.
(5) The Dover Air Force Base houses incredible aircrafts
utilized by the United States Air Force, including the C-5M
Super Galaxy and C-17A Globemaster III aircraft.
(6) The Dover Air Force Base operates the largest and
busiest air freight terminal in the Department of Defense,
fulfilling an important role in our Nation's military.
(7) The Air Mobility Command Museum is located on the Dover
Air Force base and welcomes thousands of visitors each year to
learn more about the United States Air Force.
(8) The Charles C. Carson Center for Mortuary Affairs
fulfills our Nation's sacred commitment of ensuring dignity,
honor and respect to the fallen and care service and support to
their families.
(9) The mortuary mission at Dover Air Force Base dates back
to 1955 and is the only Department of Defense mortuary in the
continental United States.
(10) Service members who serve at the Center for Mortuary
Affairs are often so moved by their work that they voluntarily
elect to serve multiple tours because they feel called to serve
our fallen heroes.
(b) Sense of Congress.--Congress--
(1) honors and expresses sincerest gratitude to the women
and men of the Dover Air Force Base for their distinguished
service;
(2) acknowledges the incredible sacrifice and service of
the families of active duty members of the United States
military;
(3) encourages the people of the United States to keep in
their thoughts and their prayers the women and men of the
United States Armed Forces; and
(4) recognizes the incredibly unique and important work of
the Air Force Mortuary Affairs Operations and the role they
play in honoring our fallen heroes.
SEC. 598. GAO STUDY OF WOMEN INVOLUNTARILY SEPARATED OR DISCHARGED DUE
TO PREGNANCY OR PARENTHOOD.
(a) Study Required.--Not later than September 30, 2021, the
Comptroller General of the United States shall conduct a study
regarding women involuntarily separated or discharged from the Armed
Forces due to pregnancy or parenthood during the period of 1951 through
1976. The study shall identify--
(1) the number of such women, disaggregated by--
(A) Armed Force;
(B) grade;
(C) race; and
(D) ethnicity;
(2) the characters of such discharges or separations;
(3) discrepancies in uniformity of such discharges or
separations;
(4) how such discharges or separations affected access of
such women to health care and benefits through the Department
of Veterans Affairs; and
(5) recommendations for improving access of such women to
resources through the Department of Veterans Affairs.
(b) Report.--Not later than 30 days after completing the study
under subsection (a), the Comptroller General shall submit to Congress
a report containing the results of that study.
SEC. 599. REPORT REGARDING TRANSPORTATION OF REMAINS OF CERTAIN
DECEDENTS BY THE SECRETARY OF A MILITARY DEPARTMENT.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit a report
to Congress regarding the transportation of the remains of decedents
under the jurisdiction of the Secretary of a military department
pursuant to section 1481 of title 10, United States Code.
(b) Elements.--The report under this section shall include the
following:
(1) Whether the Secretary of Defense maintains of a list or
database of airports that accept remains of decedents.
(2) How information in the list or database described in
paragraph (1) is transmitted to casualty assistance call
officers.
(3) Regulations and guidance prescribed by the Secretary of
Defense or Secretaries of the military departments regarding
transportation of the remains of decedents.
(4) Any changes made during 2020 to regulations or guidance
described in paragraph (3) by the Secretary of the Navy.
(5) Recommendations of the Secretary of Defense to improve
regulations or guidance described in paragraph (3).
SEC. 599A. POSTPONEMENT OF CONDITIONAL DESIGNATION OF EXPLOSIVE
ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH OF THE ARMY.
Section 582(b) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 763 note) is amended--
(1) in paragraph (1), by striking ``October 1, 2020'' and
inserting ``October 1, 2025''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``September 30, 2020'' and inserting
``September 30, 2025'';
(B) in subparagraph (B), by inserting ``, the
explosive ordnance disposal commandant (chief of
explosive ordnance disposal),'' before ``qualified'';
and
(C) by adding at the end the following new
subparagraph:
``(G) The explosive ordnance disposal commandant
(chief of explosive ordnance disposal) has ensured that
explosive ordnance disposal soldiers have the mobility
skills necessary to support special operations forces
(as identified in section 167(j) of title 10, United
States Code). Such skills include airborne, air
assault, combat diver, fast roping insertion and
extraction, helocasting, military free-fall, and off-
road driving.''.
SEC. 599B. ANNUAL REPORT REGARDING COST OF LIVING FOR MEMBERS AND
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Section 136 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) The Under Secretary of Defense for Personnel and Readiness
shall submit annually to the Committees on Armed Services of the Senate
and House of Representatives a report containing an analysis of the
costs of living, nationwide, for--
``(1) members of the Armed Forces on active duty; and
``(2) employees of the Department of Defense.''.
SEC. 599C. REPORT ON PRESERVATION OF THE FORCE AND FAMILY PROGRAM OF
UNITED STATES SPECIAL OPERATIONS COMMAND.
(a) Report Required.--Not later than March 1, 2021, the Commander
of United States Special Operations Command shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the Preservation of the Force and Family Program of United
States Special Operations Command (in this section referred to as the
``Program'').
(b) Elements.--The report under this section shall include the
following:
(1) The current structure of professional staff employed by
the Program.
(2) A comparison of the current mission requirements and
the capabilities of existing personnel of the Program.
(3) An analysis of any emergent needs or skill sets of the
Program.
(4) A cost-benefit analysis of hiring, as specialists--
(A) contractors;
(B) civilian personnel of the Department of
Defense; or
(C) members of the Armed Forces.
SEC. 599D. GAO STUDY OF MEMBERS ABSENT WITHOUT LEAVE OR ON UNAUTHORIZED
ABSENCE.
(a) Study; Report.--Not later than September 30, 2021, the
Comptroller General of the United States shall submit to the Committees
on Armed Services of the Senate and House of Representatives a report
containing the results of a study regarding how the Armed Forces handle
cases of members absent without leave or on unauthorized absence.
(b) Elements.--The study under this section shall include the
following:
(1) The procedures and guidelines established by each Armed
Force for the investigation of such a case.
(2) The guidelines for distinguishing between--
(A) common cases;
(B) cases that may involve foul play or accident;
and
(C) cases wherein the member may be in danger.
(3) The current guidelines for cooperation and coordination
between military investigative agencies and--
(A) local law enforcement agencies; and
(B) Federal law enforcement agencies.
(4) The current guidelines for use of traditional and
social media in conjunction with such cases.
(5) Military resources available for such cases and any
apparent shortfalls in such resources.
(6) How the procedures for such cases vary between Armed
Forces.
(7) How the procedures described in paragraph (6) vary from
procedures used by local and Federal law enforcement.
(8) Best practices for responding to and investigating such
cases.
(9) Any other matter the Comptroller General determines
appropriate.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY.
Effective on January 1, 2021, the rates of monthly basic pay for
members of the uniformed services are increased by 3.0 percent.
SEC. 602. BASIC NEEDS ALLOWANCE FOR LOW-INCOME REGULAR MEMBERS.
(a) In General.--Chapter 7 of title 37, United States Code, is
amended by inserting after section 402a the following new section:
``Sec. 402b. Basic needs allowance for low-income regular members
``(a) Allowance Required.--(1) Subject to paragraph (2), the
Secretary of Defense shall pay to each covered member a basic needs
allowance in the amount determined for such member under subsection
(b).
``(2) In the event a household contains two or more covered members
entitled to receive the allowance under this section in a given year,
only one allowance may be paid for that year to a covered member among
such covered members whom such covered members shall jointly elect.
``(b) Amount of Allowance for a Covered Member.--(1) The amount of
the monthly allowance payable to a covered member under subsection (a)
for a year shall be the aggregate amount equal to--
``(A) the aggregate amount equal to--
``(i) 130 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the location and
number of persons in the household of the covered member for
such year; minus
``(ii) the gross household income of the covered member
during the preceding year; and
``(B) divided by 12.
``(2) The monthly allowance payable to a covered member for a year
shall be payable for each of the 12 months following March of such
year.
``(c) Notice of Eligibility.--(1)(A) Not later than December 31
each year, the Director of the Defense Finance and Accounting Service
shall notify, in writing, each individual whom the Director estimates
will be a covered member during the following year of the potential
entitlement of that individual to the allowance described in subsection
(a) for that following year.
``(B) The preliminary notice under subparagraph (A) shall include
information regarding financial management and assistance programs
administered by the Secretary of Defense for which a covered member is
eligible.
``(2) Not later than January 31 each year, each individual who
seeks to receive the allowance for such year (whether or not subject to
a notice for such year under paragraph (1)) shall submit to the
Director such information as the Director shall require for purposes of
this section in order to determine whether or not such individual is a
covered member for such year.
``(3) Not later than February 28 each year, the Director shall
notify, in writing, each individual the Director determines to be a
covered member for such year.
``(d) Election Not To Receive Allowance.--(1) A covered member
otherwise entitled to receive the allowance under subsection (a) for a
year may elect, in writing, not to receive the allowance for such year.
Any election under this subsection shall be effective only for the year
for which made. Any election for a year under this subsection is
irrevocable.
``(2) A covered member who does not submit information described in
subsection (d)(2) for a year as otherwise required by that subsection
shall be deemed to have elected not to receive the allowance for such
year.
``(e) Definitions.--In this section:
``(1) The term `covered member' means a regular member of
an armed force under the jurisdiction of the Secretary of a
military department--
``(A) who has completed initial entry training;
``(B) whose gross household income during the most
recent year did not exceed an amount equal to 130
percent of the Federal poverty guidelines of the
Department of Health and Human Services for the
location and number of persons in the household of the
covered member for such year; and
``(C) who does not elect under subsection (d) not
to receive the allowance for such year.
``(2) The term `gross household income' of a covered member
for a year for purposes of paragraph (1)(B) does not include
any basic allowance for housing received by the covered member
(and any dependents of the covered member in the household of
the covered member) during such year under section 403 of this
title.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of this section. Subject to
subsection (e)(2), such regulations shall specify the income to be
included in, and excluded from, the gross household income of
individuals for purposes of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting after the item relating
to section 402a the following new item:
``402b. Basic needs allowance for low-income regular members.''.
SEC. 603. REORGANIZATION OF CERTAIN ALLOWANCES OTHER THAN TRAVEL AND
TRANSPORTATION ALLOWANCES.
(a) Per Diem for Duty Outside the Continental United States.--
(1) Transfer to chapter 7.--Section 475 of title 37, United
States Code, is transferred to chapter 7 of such title,
inserted after section 403b, and redesignated as section 405.
(2) Repeal of termination provision.--Section 405 of title
37, United States Code, as added by paragraph (1), is amended
by striking subsection (f).
(b) Allowance for Funeral Honors Duty.--
(1) Transfer to chapter 7.--Section 495 of title 37, United
States Code, is transferred to chapter 7 of such title,
inserted after section 433a, and redesignated as section 435.
(2) Repeal of termination provision.--Section 435 of title
37, United States Code, as added by paragraph (1), is amended
by striking subsection (c).
(c) Clerical Amendments.--
(1) Chapter 7.--The table of sections at the beginning of
chapter 7 of title 37, United States Code, is amended--
(A) by inserting after the item relating to section
403b the following new item:
``405. Travel and transportation allowances: per diem while on duty
outside the continental United States.'';
and
(B) by inserting after the item relating to section
433a the following new item:
``435. Funeral honors duty: allowance.''.
(2) Chapter 8.--The table of sections at the beginning of
chapter 8 of title 37, United States Code, is amended by
striking the items relating to sections 475 and 495.
SEC. 604. SINGLE MILITARY HOUSING AREA FOR EACH MUNICIPALITY WITH A
POPULATION GREATER THAN 500,000.
Section 403(b)(2) of title 37, United States Code is amended--
(1) in the first sentence, by inserting ``(A)'' before
``The Secretary''; and
(2) by adding at the end the following:
``(B) No municipality with a population greater than 500,000 may be
covered by more than one military housing area.''.
SEC. 605. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO INCLUDE
FARES AND TOLLS.
Section 452(c)(1) of title 37, United States Code, is amended by
inserting ``(including fares and tolls, without regard to distance
travelled)'' after ``transportation''.
SEC. 606. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES FOR
MATERNITY LEAVE TAKEN BY MEMBERS OF THE RESERVE
COMPONENTS.
(a) Compensation.--Section 206(a) of title 37, United States Code,
is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(4) for each of 6 days for each period during which the
member is on maternity leave.''.
(b) Credit for Retired Pay Purposes.--
(1) In general.--The period of maternity leave taken by a
member of the reserve components of the Armed Forces in
connection with the birth of a child shall count toward the
member's entitlement to retired pay, and in connection with the
years of service used in computing retired pay, under chapter
1223 of title 10, United States Code, as 12 points.
(2) Separate credit for each period of leave.--Separate
crediting of points shall accrue to a member pursuant to this
subsection for each period of maternity leave taken by the
member in connection with a childbirth event.
(3) When credited.--Points credited a member for a period
of maternity leave pursuant to this subsection shall be
credited in the year in which the period of maternity leave
concerned commences.
(4) Contribution of leave toward entitlement to retired
pay.--Section 12732(a)(2) of title 10, United States Code, is
amended by inserting after subparagraph (E) the following new
subparagraph:
``(F) Points at the rate of 12 per period during
which the member is on maternity leave.''.
(5) Computation of years of service for retired pay.--
Section 12733 of such title is amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following
new paragraph (5):
``(5) One day for each point credited to the person under
subparagraph (F) of section 12732(a)(2) of this title.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this Act, and
shall apply with respect to periods of maternity leave that commence on
or after that date.
Subtitle B--Bonuses and Special Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of
title 37, United States Code, relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2020'' and inserting ``December 31, 2021''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2020'' and inserting ``December 31, 2021'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2020''
and inserting ``December 31, 2021'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve Officers'
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority To Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States
Code, is amended by striking ``December 31, 2020'' and inserting
``December 31, 2021''.
SEC. 612. INCREASE IN CERTAIN HAZARDOUS DUTY INCENTIVE PAY FOR MEMBERS
OF THE UNIFORMED SERVICES.
Section 351(b) of title 37, United States Code, is amended by
striking ``$250'' both places it appears and inserting ``$275''.
SEC. 613. STANDARDIZATION OF PAYMENT OF HAZARDOUS DUTY INCENTIVE PAY
FOR MEMBERS OF THE UNIFORMED SERVICES.
(a) In General.--Section 351(c) of title 37, United States Code, is
amended to read as follows:
``(c) Payment.--Hazardous duty pay shall be paid on a monthly
basis.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2020, and shall apply with respect to duty
performed in any month beginning on or after that date.
SEC. 614. CLARIFICATION OF 30 DAYS OF CONTINUOUS DUTY ON BOARD A SHIP
REQUIRED FOR FAMILY SEPARATION ALLOWANCE FOR MEMBERS OF
THE UNIFORMED SERVICES.
Section 427(a)(1)(B) of title 37, United States Code, is amended by
inserting ``(or under orders to remain on board the ship while at the
home port)'' after ``of the ship''.
SEC. 615. EXPANSION OF REIMBURSABLE STATE LICENSURE AND CERTIFICATION
COSTS FOR A MILITARY SPOUSE ARISING FROM RELOCATION.
Section 476(p)(5) of title 37, United States Code, is amended in
the matter preceding subparagraph (A), by striking ``and'' and
inserting ``fees, continuing education courses, and''.
Subtitle C--Family and Survivor Benefits
SEC. 621. EXPANSION OF AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO
CIVILIAN PROVIDERS OF CHILD CARE SERVICES OR YOUTH
PROGRAM SERVICES FOR SURVIVORS OF MEMBERS OF THE ARMED
FORCES WHO DIE IN THE LINE OF DUTY.
Section 1798(a) of title 10, United States Code, is amended by
striking ``in combat-related incidents''.
SEC. 622. EXPANSION OF DEATH GRATUITY FOR ROTC GRADUATES.
Section 623(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended by striking ``the date of the
enactment of this Act'' and inserting ``May 1, 2017''.
SEC. 623. RECALCULATION OF FINANCIAL ASSISTANCE FOR PROVIDERS OF CHILD
CARE SERVICES AND YOUTH PROGRAM SERVICES FOR DEPENDENTS.
(a) In General.--Not later than July 1, 2021, the Secretary of
Defense shall develop a method by which to determine appropriate
amounts of financial assistance under section 1798 of title 10, United
States Code. In such development, the Secretary shall take into
consideration the following:
(1) Grades of members of the Armed Forces.
(2) The cost of living in an applicable locale.
(3) Whether a military installation has a military child
development center, including any wait list length.
(4) Whether a military child development center has vacant
child care employee positions.
(5) The capacity of licensed civilian child care providers
in an applicable locale.
(6) The average cost of licensed civilian child care
services available in an applicable locale.
(b) Report.--Not later than August 1, 2021, the Secretary shall
submit a report the Committees on Armed Services of the Senate and the
House of Representatives on the method developed under this section.
(c) Definitions.--In this section, the terms ``child care
employee'' and ``military child development center'' have the meanings
given those terms in section 1800 of title 10, United States Code.
SEC. 624. PRIORITY FOR CERTAIN MILITARY FAMILY HOUSING TO A MEMBER OF
THE ARMED FORCES WHOSE SPOUSE AGREES TO PROVIDE FAMILY
HOME DAY CARE SERVICES.
(a) Priority.--If the Secretary of a military department determines
that not enough child care employees are employed at a military child
development center on a military installation under the jurisdiction of
that Secretary to adequately care for the children of members of the
Armed Forces stationed at that military installation, the Secretary, to
the extent practicable, may give priority for covered military family
housing to a member whose spouse is an eligible military spouse.
(b) Number of Priority Positions.--A Secretary of a military
department may grant priority under subsection (a) only to the minimum
number of eligible military spouses that the Secretary determines
necessary to provide adequate child care to the children of members
stationed at a military installation described in subsection (a).
(c) Limitation.--Nothing in this section may be construed to
require the Secretary of a military department to provide covered
military family housing that has been adapted for disabled individuals
to a member under this section instead of to a member with one more
dependents enrolled in the Exceptional Family Member Program.
(d) Result of Failure To Provide Family Home Day Care Services or
Loss of Eligibility.--The Secretary of the military department
concerned may remove a household provided covered military family
housing under this section therefrom if the Secretary determines the
spouse of that member has failed to abide by an agreement described in
subsection (e)(3) or has ceased to be an eligible military spouse. Such
removal may not occur sooner than 60 days after the date of such
determination.
(e) Definitions.--In this section:
(1) The terms ``child care employee'', ``family home day
care'', and ``military child development center'' have the
meanings given those terms in section 1800 of title 10, United
States Code.
(2) The term ``covered military family housing'' means
military family housing--
(A) located on a military installation described in
subsection (a); and
(B) that the Secretary of the military department
concerned determines is large enough to provide family
home day care services to no fewer than six children
(not including children in the household of the
eligible military spouse).
(3) The term ``eligible military spouse'' means a military
spouse who--
(A) is eligible for military family housing;
(B) is eligible to provide family home day care
services;
(C) has provided family home day care services for
at least 1 year; and
(D) agrees in writing to provide family home day
care services in covered military family housing for a
period determined by the Secretary of the military
department concerned.
SEC. 625. STUDY ON FEASIBILITY OF TSP CONTRIBUTIONS BY MILITARY
SPOUSES.
(a) Study Required.--The Secretary of Defense shall conduct a study
on potential enhancements to the military Thrift Savings Plan
administered by the Federal Retirement Thrift Investment Board.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An evaluation of the effect of allowing military
spouses to contribute or make eligible retirement account
transfers to the military Thrift Savings Plan account of the
member of the Armed Forces to whom that military spouse in
married.
(2) Legislation the Secretary determines necessary to
permit contributions and transfers described in paragraph (1).
(3) An evaluation of whether and to what extent employer-
funded matching of contributions described in paragraph (1) may
encourage further participation in the military Thrift Savings
Plan.
(c) Reporting.--
(1) Initial report.--Not later than February 1, 2021, the
Secretary of Defense shall submit to the Federal Retirement
Thrift Investment Board a report on the results of the study
under subsection (a).
(2) Analysis.--Not later than 60 days after receiving the
report under paragraph (1), the Federal Thrift Savings
Retirement Board shall analyze the report under paragraph (1),
generate recommendations and comments it determines
appropriate, and submit such analysis, recommendations, and
comments to the Secretary.
(3) Final report.--Not later than April 1, 2021, the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives the report under
paragraph (1) and the analysis, recommendations, and comments
under paragraph (2).
SEC. 626. GOLD STAR FAMILIES PARKS PASS.
(a) Short Title.--This section may be referred to as the ``Gold
Star Families Parks Pass Act''.
(b) Gold Star Families Parks Pass.--Section 805(b) of division J of
the Consolidated Appropriations Act, 2005 (16 U.S.C. 6804(b); 118 Stat.
3386), is amended by adding at the end the following new paragraph:
``(3) Gold star families parks pass.--The Secretary shall
make the National Parks and Federal Recreational Lands Pass
available, at no cost, to members of Gold Star Families, as
defined by section 3.2 of Department of Defense Instruction
1348.36.''.
SEC. 627. MODIFICATION TO FIRST DIVISION MONUMENT.
(a) Short Title.--This section may be cited as the ``First Infantry
Recognition of Sacrifice in Theater Act'' or the ``FIRST Act''.
(b) Authorization.--The Society of the First Infantry Division (an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from taxation under section 501(a) of that
code), may make modifications (including construction of additional
plaques and stone plinths on which to put the plaques) to the First
Division Monument located on Federal land in President's Park in the
District of Columbia that was set aside for memorial purposes of the
First Infantry Division, in order to honor the members of the First
Infantry Division who paid the ultimate sacrifice during United States
operations, including Operation Desert Storm, Operation Iraqi Freedom
and New Dawn, and Operation Enduring Freedom. The First Infantry
Division at the Department of the Army shall collaborate with the
Department of Defense to provide to the Society of the First Infantry
Division the list of names to be added.
(c) Non-Application of Commemorative Works Act.--Subsection (b) of
section 8903 of title 40, United States Code (commonly known as the
``Commemorative Works Act''), shall not apply to actions taken under
subsection (b) of this section.
(d) Funding.--Federal funds may not be used to pay any expense of
the activities of the Society of the First Infantry Division which are
authorized by this section.
SEC. 628. CHERYL LANKFORD MEMORIAL EXPANSION OF ASSISTANCE FOR GOLD
STAR SPOUSES AND OTHER DEPENDENTS.
Section 633(a) of the National Defense Authorization Act for Fiscal
Year 2014 (10 U.S.C. 1475 note) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(2) by inserting ``(1)'' before ``Each Secretary'';
(3) in the matter preceding paragraph (1), by inserting ``a
casualty assistance officer who is'' after ``jurisdiction of
such Secretary'';
(4) by striking ``spouses and other dependents of members''
and all that follows through ``services:'' and inserting an em
dash; and
(5) by inserting before subparagraph (A), as redesignated,
the following:
``(A) a spouse and any other dependent of a member of such
Armed Force (including the reserve components thereof) who dies
on active duty; and
``(B) a dependent described in subparagraph (A) if the
spouse of the deceased member dies and the dependent (or the
guardian of such dependent) requests such assistance.
``(2) Casualty assistance officers described in paragraph (1) shall
provide to spouses and dependents described in that paragraph the
following services:''.
SEC. 629. EXTENSION OF COMMISSARY AND EXCHANGE BENEFITS FOR SURVIVING
REMARRIED SPOUSES WITH DEPENDENT CHILDREN OF A MEMBER OF
THE ARMED FORCES WHO DIES WHILE ON ACTIVE DUTY OR CERTAIN
RESERVE DUTY.
(a) Procedures for Access of Surviving Remarried Spouses
Required.--The Secretary of Defense, acting jointly with the Secretary
of Homeland Security, shall establish procedures by which an eligible
remarried spouse may obtain unescorted access, as appropriate, to
military installations in order to use commissary stores and MWR retail
facilities to the same extent and on the same basis as an unremarried
surviving spouse of a member of the uniformed services is entitled to
by law or policy.
(b) Considerations.-- Any procedures established under this section
shall--
(1) be applied consistently across the Department of
Defense and the Department of Homeland Security, including all
components of the Departments;
(2) minimize any administrative burden on surviving
remarried spouse or dependent child, including through the
elimination of any requirement for a remarried spouse to apply
as a personal agent for continued access to military
installations in accompaniment of a dependent child;
(3) take into account measures required to ensure the
security of military installations, including purpose and
eligibility for access and renewal periodicity; and
(4) take into account such other factors as the Secretary
of Defense or the Secretary of Homeland Security considers
appropriate.
(c) Deadline.--The procedures required by subsection (a) shall be
established by the date that is not later than 1 year after the date of
the enactment of this section.
(d) Definitions.--In this section--
(1) the term ``eligible remarried spouse'' means an
individual who is a surviving former spouse of a covered member
of the Armed Forces, who has remarried after the death of the
covered member of the Armed Forces and has guardianship of
dependent children of the deceased member;
(2) the term ``covered member of the Armed Forces'' means a
member of the Armed Forces who dies while serving--
(A) on active duty; or
(B) on such reserve duty as the Secretary of
Defense and the Secretary of Homeland Security may
jointly specify for purposes of this section.
Subtitle D--Defense Resale Matters
SEC. 631. BASE RESPONDERS ESSENTIAL NEEDS AND DINING ACCESS.
(a) In General.--Chapter 54 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1066. Use of commissary stores and MWR facilities: protective
services civilian employees
``(a) Eligibility of Protective Services Civilian Employees.--An
individual employed as a protective services civilian employee at a
military installation shall be permitted to purchase food and hygiene
items at a commissary store or MWR retail facility located on that
military installation.
``(b) User Fee Authority.--(1) The Secretary of Defense shall
prescribe regulations that impose a user fee on individuals who are
eligible solely under this section to purchase merchandise at a
commissary store or MWR retail facility.
``(2) The Secretary shall set the user fee under this subsection at
a rate that the Secretary determines will offset any increase in
expenses arising from this section borne by the Department of the
Treasury on behalf of commissary stores associated with the use of
credit or debit cards for customer purchases, including expenses
related to card network use and related transaction processing fees.
``(3) The Secretary shall deposit funds collected pursuant to a
user fee under this subsection in the General Fund of the Treasury.
``(4) Any fee under this subsection is in addition to the uniform
surcharge under section 2484(d) of this title.
``(c) Definitions.--In this section:
``(1) The term `MWR retail facility' has the meaning given
that term in section 1063 of this title.
``(2) The term `protective services civilian employee'
means a position in any of the following series (or successor
classifications) of the General Schedule:
``(A) Security Administration (GS-0080).
``(B) Fire Protection and Prevention (GS-0081).
``(C) Police (GS-0083).
``(D) Security Guard (GS-0085).
``(E) Emergency Management (GS-0089).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 54 of title 10, United States Code, is amended by adding at the
end the following new item:
``1066. Use of commissary stores and MWR facilities: protective
services civilian employees.''.
SEC. 632. FIRST RESPONDER ACCESS TO MOBILE EXCHANGES.
Section 1146 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Emergency Response Providers During a Declared Major Disaster
or Emergency.--The Secretary of Defense shall prescribe regulations to
allow an emergency response provider (as that term is defined in
section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 101)) to use a mobile commissary or exchange store deployed to
an area covered by a declaration of a major disaster or emergency under
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170).''.
SEC. 633. UPDATED BUSINESS CASE ANALYSIS FOR CONSOLIDATION OF THE
DEFENSE RESALE SYSTEM.
(a) In General.--Not later than March 1, 2021, the Chief Management
Officer of the Department of Defense, in coordination with the
Undersecretary of Defense for Personnel and Readiness, shall update the
study titled ``Study to Determine the Feasibility of Consolidation of
the Defense Resale Entities'' and dated December 4, 2018, to include a
new business case analysis that--
(1) establishes new baselines for--
(A) savings from the costs of goods sold;
(B) costs of new information technology required
for such consolidation; and
(C) costs of headquarters relocation arising from
such consolidation; and
(2) addresses each recommendation for executive action in
the Government Accountability Office report GAO-20-418SU.
(b) Review and Comment.--Not later than April 1, 2021, the
Secretary of Defense shall make the updated business case analysis (in
this section referred to as the ``updated BCA'') available to the
Secretaries of the military departments for comment.
(c) Submittal to Congressional Committees.--Not later than June 1,
2021, the Secretary of Defense shall make any comments made under
subsection (b) and the updated BCA available to the Committees on Armed
Services of the Senate and the House of Representatives.
(d) Delay of Consolidation.--The Secretary of Defense may not take
any action to consolidate military exchanges and commissaries until the
Committees on Armed Services of the Senate and the House of
Representatives notify the Secretary in writing of receipt and
acceptance of the updated BCA.
Subtitle E--Other Personnel Benefits
SEC. 641. MAINTENANCE OF FUNDING FOR STARS AND STRIPES.
(a) Funding.--
(1) Operation and maintenance.--Of the amounts authorized
to be appropriated for fiscal year 2021 in division D of this
Act and available for operations and maintenance for Defense-
wide activities as specified in the funding table in section
4301 of this Act, $9,000,000 shall be made available for the
purpose of maintaining the operations and publication of Stars
and Stripes.
(2) Contingency operations.--Of the amounts authorized to
be appropriated for fiscal year 2021 in division D of this Act
and available for overseas contingency operations for Defense-
wide activities as specified in the funding tables in section
4301 of this Act, $6,000,000 shall be made available for the
purpose of maintaining the operations and publication of Stars
and Stripes.
(b) Report on Business Case Analysis.--Not later than March 1,
2021, the Secretary of Defense, in coordination with the editor of
Stars and Stripes, shall submit a report to the Committees on Armed
Services of the Senate and the House of Representatives detailing the
business case analysis for various options for Stars and Stripes. The
report shall contain the following elements:
(1) An analysis of the pros and cons of, and business case
for, continuing the operation and publication of Stars and
Stripes at its current levels, including other options for the
independent reporting currently provided, especially in a
deployed environment.
(2) An analysis of the modes of communication used by Stars
and Stripes.
(3) An analysis of potential reduced operations of Stars
and Stripes.
(4) An analysis of the operation of Stars and Stripes
solely as a non-appropriated entity.
(5) An analysis of operating Stars and Stripes as a
category B morale, welfare, and recreation entity.
(6) An assessment of the value of the availability of Stars
and Stripes (in print or an electronic version) to deployed or
overseas members of the Armed Forces.
SEC. 642. BASIC ALLOWANCE FOR HOUSING.
Section 403 of title 37, United States Code, is amended by adding
at the end the following:
``(p) Information on Rights and Protections Under Servicemembers
Civil Relief Act.--The Secretary of Defense shall provide to each
member of a uniformed service who receives a basic allowance for
housing under this section information on the rights and protections
available to such member under the Servicemembers Civil Relief Act (50
U.S.C. 3901 et seq.).''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. EXPANSION OF MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE
ARMED FORCES.
Section 1074m of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Mental Health Assessments for Participation in Certain
Activities.--(1) The Secretary shall provide to a member described in
paragraph (2) mental health assessments under this section in a
frequency and schedule that the Secretary determines to be as similar
as practicable to the frequency and schedule for such assessments under
subsection (a)(1).
``(2) A member described in this paragraph is a member who, while
not deployed in support of a contingency operation, participated in
warfighting activities that had a direct and immediate impact on a
combat operation or other military operation.''.
SEC. 702. MANDATORY REFERRAL FOR MENTAL HEALTH EVALUATION.
Section 1090a of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Process Applicable to Member Disclosure.--The regulations
required by subsection (a) shall--
``(1) establish a phrase that enables a member of the armed
forces to trigger a referral of the member by a commanding
officer or supervisor for a mental health evaluation;
``(2) require a commanding officer or supervisor to make
such referral as soon as practicable following disclosure by
the member to the commanding officer or supervisor of the
phrase established under paragraph (1); and
``(3) ensure that the process protects the confidentiality
of the member in a manner similar to the confidentiality
provided for members making restricted reports under section
1565b(b) of this title.''.
SEC. 703. ASSESSMENTS AND TESTING RELATING TO EXPOSURE TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
(a) Periodic Health Assessment.--The Secretary of Defense shall
ensure that any periodic health assessment provided to a member of the
Armed Forces includes an evaluation of whether the member has been--
(1) based or stationed at a military installation
identified by the Department of Defense as a location with a
known or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation; or
(2) exposed to such substances, including by evaluating any
information in the health record of the member.
(b) Separation History and Physical Examinations.--Section
1145(a)(5) of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(D) The Secretary concerned shall ensure that each physical
examination of a member under subparagraph (A) includes an assessment
of whether the member was--
``(i) based or stationed at a military installation
identified by the Department as a location with a known or
suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation; or
``(ii) exposed to such substances, including by assessing
any information in the health record of the member.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title 10,
United States Code, is amended by adding at the end the following new
subparagraph:
``(E) An assessment of whether the member was--
``(i) based or stationed at a military installation
identified by the Department as a location with a known
or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which
the member was based or stationed at the military
installation; or
``(ii) exposed to such substances, including by
assessing any information in the health record of the
member.''.
(d) Provision of Blood Testing.--
(1) Members of the armed forces.--
(A) In general.--If a covered evaluation of a
member of the Armed Forces results in a positive
determination of potential exposure to perfluoroalkyl
substances or polyfluoroalkyl substances, the Secretary
of Defense shall provide to that member, during that
covered evaluation and at no additional cost to that
member, blood testing to determine and document
potential exposure to such substances.
(B) Inclusion in health record.--The results of
blood testing of a member of the Armed Forces conducted
under subparagraph (A) shall be included in the health
record of the member.
(2) Covered evaluation defined.--In this subsection, the
term ``covered evaluation'' means--
(A) a periodic health assessment conducted in
accordance with subsection (a);
(B) a separation history and physical examination
conducted under section 1145(a)(5) of title 10, United
States Code, as amended by subsection (b); and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by subsection
(c).
SEC. 704. IMPROVEMENT TO BREAST CANCER SCREENING.
Section 1074d(b)(2) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``, including
through the use of digital breast tomosynthesis''.
SEC. 705. WAIVER OF FEES CHARGED TO CERTAIN CIVILIANS FOR EMERGENCY
MEDICAL TREATMENT PROVIDED AT MILITARY MEDICAL TREATMENT
FACILITIES.
Section 1079b of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Waiver of Fees.--Under the procedures implemented under
subsection (a), a military medical treatment facility may waive a fee
charged under such procedures to a civilian who is not a covered
beneficiary if--
``(1) after insurance payments, if any, the civilian is not
able to pay for the trauma or other medical care provided to
the civilian; and
``(2) the provision of such care enhanced the medical
readiness of the health care provider or health care providers
furnishing such care.''.
SEC. 706. EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE EXTENDED CARE
HEALTH OPTION PROGRAM.
(a) Extended Benefits for Eligible Dependents.--Subsection (e) of
section 1079 of title 10, United States Code, is amended to read as
follows:
``(e)(1) Extended benefits for eligible dependents under subsection
(d) may include comprehensive health care services (including services
necessary to maintain, or minimize or prevent deterioration of,
function of the patient) and case management services with respect to
the qualifying condition of such a dependent, and include, to the
extent such benefits are not provided under provisions of this chapter
other than under this section, the following:
``(A) Diagnosis and screening.
``(B) Inpatient, outpatient, and comprehensive home health
care supplies and services which may include cost effective and
medically appropriate services other than part-time or
intermittent services (within the meaning of such terms as used
in the second sentence of section 1861(m) of the Social
Security Act).
``(C) Rehabilitation and habilitation services and devices.
``(D) Institutional care in private nonprofit, public, and
State institutions and facilities and, if appropriate,
transportation to and from such institutions and facilities.
``(E) Custodial care, notwithstanding the prohibition in
section 1077(b)(1) of this title.
``(F) In accordance with paragraph (2), respite care for
the primary caregiver of the eligible dependent.
``(G) In accordance with paragraph (3), service and
modification of durable equipment and assistive technology
devices.
``(H) Special education.
``(I) Vocational training, which may be furnished to an
eligible dependent in the residence of the eligible dependent
or at a facility in which such training is provided.
``(J) In accordance with paragraph (4), adaptations to the
private residence and vehicle of the eligible dependent.
``(K) Such other services and supplies as determined
appropriate by the Secretary, notwithstanding the limitations
in subsection (a)(12).
``(2) Respite care under paragraph (1)(F) shall be provided subject
to the following conditions:
``(A) Pursuant to regulations prescribed by the Secretary
for purposes of this paragraph, such respite care shall be
limited to--
``(i) 50 hours per month for a primary caregiver
not covered by clause (ii); or
``(ii) 40 hours per week for cases where the
Secretary determines that the plan of care for the
eligible dependent includes frequent interventions by
the primary caregiver.
``(B) Unused hours of respite care may not be carried over
to another month.
``(C) Such respite care may be provided to an eligible
beneficiary regardless of whether the eligible beneficiary is
receiving another benefit under this subsection.
``(3)(A) Service and modification of durable equipment and
assistive technology devices under paragraph (1)(G) may be provided
only upon determination by the Secretary that the service or
modification is necessary for the use of such equipment or device by
the eligible dependent.
``(B) Service and modification of durable equipment and assistive
technology devices under such paragraph may not be provided--
``(i) in the case of misuse, loss, or theft of the
equipment or device; or
``(ii) for a deluxe, luxury, or immaterial feature of the
equipment or device, as determined by the Secretary.
``(C) Service and modification of durable equipment and assistive
technology devices under such paragraph may include training of the
eligible dependent and immediate family members of the eligible
dependent on the use of the equipment or device.
``(4)(A) Adaptations to the private residence and vehicle of the
eligible dependent under paragraph (1)(J) may be provided if such
adaptations--
``(i) are determined to be medically necessary by the
provider responsible for the care of the eligible dependent
with respect to the qualifying condition; and
``(ii) are necessary to assist in--
``(I) the reduction of the disabling effects of the
qualifying condition; or
``(II) maintenance of the present functionality of
the eligible dependent.
``(B) With respect to a vehicle, adaptations may be provided under
such paragraph if the vehicle is the primary means of transportation of
the eligible dependent.''.
(b) Conforming Amendment.--Subsection (f) of such section is
amended by striking ``paragraph (3) or (4) of subsection (e)'' each
place it appears and inserting ``subparagraph (C), (D), (G), (H), or
(I) of subsection (e)(1)''.
(c) Additional Requirements in Office of Special Needs Annual
Report.--Section 1781c(g)(2) of title 10, United States Code, is
amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) With respect to the Extended Care Health Option
program under section 1079(d) of ths title--
``(i) the utilization rates of services under such
program by eligible dependents (as such term is defined
in such section) during the prior year;
``(ii) a description of gaps in such services, as
ascertained by the Secretary from information provided
by families of eligible dependents;
``(iii) an assessment of factors that prevent
knowledge of and access to such program, including a
discussion of actions the Secretary may take to address
these factors; and
``(iv) an assessment of the average wait time for
an eligible dependent enrolled in the program to access
alternative health coverage for a qualifying condition
(as such term is defined in such section), including a
discussion of any adverse health outcomes associated
with such wait.''.
(d) Comptroller General Report.--The Comptroller General of the
United States shall submit to Congress a report containing a study on
caregiving available through programs such as State Home and Community
Based Services and the Program of Comprehensive Assistance for Family
Caregivers of the Department of Veterans Affairs under section 1720G of
title 38, United States Code. The report shall--
(1) include input from payers, administrators, consumers,
and advocates in order to analyze best practices for
administering programs to support caregivers of individuals
with intellectual or physical disabilities; and
(2) compare the provision of respite and related care
through the Extended Care Health Option program under section
1079(d) of title 10, United States Code, to recognized best
practices and, if needed, make recommendations for improvement.
(e) Effective Date.--The amendments made by this section shall take
effect October 1, 2020.
(f) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program, as
specified in the corresponding funding table in section 4501,
for Defense Health Program, In-House Care, is hereby increased
by $15,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program, as
specified in the corresponding funding table in section 4501,
for Defense Health Program, Private Sector Care, is hereby
reduced by $15,000,000.
SEC. 707. PROVISION OF HEARING AIDS FOR DEPENDENTS OF CERTAIN MEMBERS
OF THE RESERVE COMPONENTS.
Section 1077(g) of title 10, United States Code, is amended--
(1) by striking ``In addition'' and inserting ``(1) In
addition''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of providing hearing aids under subsection
(a)(16), a dependent of a member of the reserve components who is
enrolled in the TRICARE program under section 1076d of this title shall
be deemed to be a dependent of a member of the uniformed services on
active duty.''.
Subtitle B--Health Care Administration
SEC. 711. PROTECTION OF THE ARMED FORCES FROM INFECTIOUS DISEASES.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1073d the following new section:
``Sec. 1073e. Protection of armed forces from infectious diseases
``(a) Protection.--The Secretary of Defense shall ensure that the
armed forces have the diagnostic equipment, testing capabilities, and
personal protective equipment necessary to protect members of the armed
forces from the threat of infectious diseases and to treat members who
contract infectious diseases.
``(b) Requirements.--In carrying out subsection (a), the Secretary
shall ensure the following:
``(1) Each military medical treatment facility has the
testing capabilities described in such subsection.
``(2) Each deployed naval vessel has the testing
capabilities described in such subsection.
``(3) Members of the armed forces deployed in support of a
contingency operation outside of the United States have access
to the testing capabilities described in such subsection,
including at field hospitals, combat support hospitals, field
medical stations, and expeditionary medical facilities.
``(4) The Department of Defense maintains a stock of
personal protective equipment in a quantity sufficient for each
member of the armed forces, including the reserve components
thereof.
``(c) Research and Development.--(1) The Secretary shall include
with the defense budget materials (as defined by section 231(f) of this
title) for a fiscal year a plan to research and develop vaccines for
infectious diseases.
``(2) The Secretary shall ensure that the medical laboratories of
the Department of Defense are equipped with the technology needed to
facilitate rapid research in the case of a pandemic.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such chapter is amended by inserting after the item relating to section
1073d the following new item:
``1073e. Protection of armed forces from infectious diseases.''.
SEC. 712. INCLUSION OF DRUGS, BIOLOGICAL PRODUCTS, AND CRITICAL MEDICAL
SUPPLIES IN NATIONAL SECURITY STRATEGY FOR NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
(a) National Security Strategy for National Technology and
Industrial Base.--Section 2501(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(11) Providing for the provision of drugs, biological
products, vaccines, and critical medical supplies (including
personal protective equipment, diagnostic and testing
capabilities, and lifesaving breathing apparatuses required for
the treatment of severe respiratory illness and respiratory
distress) required to enable combat readiness and protect the
health of the armed forces.''.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Health and Human Services,
the Commissioner of Food and Drugs, and the heads of other
departments and agencies of the Federal Government that the
Secretary of Defense determines appropriate, shall submit to
the appropriate congressional committees a report on
vulnerabilities to the drugs, biological products, vaccines,
and critical medical supplies of the Department of Defense.
(2) Matters included.--The report under paragraph (1) shall
include--
(A) an identification and origin of any finished
drugs, as identified by the Secretary of Defense, and
the essential components of such drugs, including raw
materials, chemical components, and active
pharmaceutical ingredients that are necessary for the
manufacture of such drugs, whose supply is at risk of
disruption during a time of war or national emergency;
(B) an identification of shortages of finished
drugs, biological products, vaccines, and critical
medical supplies essential for combat readiness and the
protection of the health of the Armed Forces, as
identified by the Secretary of Defense;
(C) an identification of the defense and
geopolitical contingencies that are sufficiently likely
to arise that may lead to the discontinuance,
interruption or meaningful disruption in the supply of
a drug, biological product, vaccine, or critical
medical supply, and recommendations regarding actions
the Secretary of Defense should take to reasonably
prepare for the occurrence of such contingencies;
(D) an identification of any barriers that exist to
manufacture finished drugs, biological products,
vaccines, and critical medical supplies in the United
States, including with respect to regulatory barriers
by the Federal Government and whether the raw materials
may be found in the United States;
(E) an identification of potential partners of the
United States with whom the United States can work with
to realign the manufacturing capabilities of the United
States for such finished drugs, biological products,
vaccines, and critical medical supplies;
(F) an assessment conducted by the Secretary of
Defense of the resilience and capacity of the current
supply chain and industrial base to support national
defense upon the occurrence of the contingencies
identified in subparagraph (C), including with respect
to--
(i) the manufacturing capacity of the
United States;
(ii) gaps in domestic manufacturing
capabilities, including non-existent, extinct,
threatened, and single-point-of-failure
capabilities; and
(iii) supply chains with single points of
failure and limited resiliency; and
(G) recommendations to enhance and strengthen the
surge requirements and readiness contracts of the
Department of Defense to ensure the sufficiency of the
stockpile of the Department of, and the ready access by
the Department to, critical medical supplies,
pharmaceuticals, vaccines, counter-measure prophylaxis,
and personal protective equipment, including with
respect to the effectiveness of the theater lead agent
for medical materiel program in support of the
combatant commands.
(3) Form.--The report under paragraph (1) shall be
submitted in classified form.
(4) Definitions.--In this subsection:
(A) The term ``appropriate congressional
committees'' means the following:
(i) The congressional defense committees.
(ii) The Committee on Energy and Commerce
and the Committee on Homeland Security of the
House of Representatives.
(iii) The Committee on Health, Education,
Labor, and Pensions and the Committee on
Homeland Security and Governmental Affairs of
the Senate.
(B) The term ``critical medical equipment''
includes personal protective equipment, diagnostic
tests, testing supplies, and lifesaving breathing
apparatuses required to treat severe respiratory
illnesses and distress.
SEC. 713. CONTRACT AUTHORITY OF THE UNIFORMED SERVICES UNIVERSITY OF
THE HEALTH SCIENCES.
Section 2113(g)(1) of title 10, United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) notwithstanding section 2304(k) of this
title, to enter into such contracts, cooperative
agreements, or grants on a sole-source basis pursuant
to section 2304(c)(5) of this title.''.
SEC. 714. EXTENSION OF ORGANIZATION REQUIREMENTS FOR DEFENSE HEALTH
AGENCY.
Section 1073c(e) of title 10, United States Code, is amended by
striking ``September 30, 2022'' and inserting ``September 30, 2025''.
SEC. 715. MODIFICATION TO LIMITATION ON THE REALIGNMENT OR REDUCTION OF
MILITARY MEDICAL MANNING END STRENGTH.
Section 719 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1454) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``may not realign or reduce military medical
end strength authorizations until'' and inserting the
following: ``may not realign or reduce military medical end
strength authorizations during the one-year period following
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2021, and after such period, may not
realign or reduce such authorizations unless''; and
(2) in subsection (b)(1), by inserting before the period at
the end the following: ``, including with respect to both the
homeland defense mission and pandemic influenza''.
SEC. 716. MODIFICATIONS TO IMPLEMENTATION PLAN FOR RESTRUCTURE OR
REALIGNMENT OF MILITARY MEDICAL TREATMENT FACILITIES.
Section 703(d) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2199) is amended--
(1) in paragraph (2), by striking subparagraph (D) and
inserting the following new subparagraph:
``(D) A description of how the Secretary will carry
out subsection (b), including with respect to--
``(i) the standards required for health
care providers to accept and transition covered
beneficiaries to the purchased care component
of the TRICARE program;
``(ii) a method to monitor and report on
quality benchmarks for the beneficiary
population that is required to transition to
such component of the TRICARE program; and
``(iii) a process by which the Defense
Health Agency will ensure that such component
of the TRICARE program has the required
capacity.''; and
(2) by adding at the end the following new paragraph:
``(4) Notice and wait.--The Secretary may not implement the
plan under paragraph (1) unless--
``(A) the Secretary has submitted the plan to the
congressional defense committees; and
``(B) a 1-year period elapses following the later
of the date of such submission or the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2021.''.
SEC. 717. POLICY TO ADDRESS OPIOID PRESCRIPTION ABUSE PREVENTION.
(a) Requirement.--The Secretary of Defense shall develop a policy
and tracking mechanism for opioids that monitors and prohibits the over
prescribing of opioids to ensure compliance with clinical practice
guidelines and prescribing guidelines published by the Centers for
Disease Control and Prevention and the Food and Drug Administration.
(b) Elements.--The requirements under subsection (a) shall include
the following:
(1) Limit the prescribing of opioids to the morphine
milligram equivalent level per day specified in the guideline
published by the Centers for Disease Control and Prevention
titled ``CDC Guideline for Prescribing Opioids for Chronic
Pain--United States, 2016'', or such successor guideline.
(2) Limit the supply of opioids to within clinically
accepted guidelines.
(3) Develop a waiver process for specific patient
categories that will require treatment beyond the limit
specified in paragraph (1) and, as appropriate, ensure overdose
reversal drugs are co-prescribed.
(4) Implement controls to ensure that the prescriptions in
the military health system data repository exist and that the
dispense date and the metric quantity field for opioid
prescriptions in liquid form are consistent among all systems.
(5) Implement opioid prescribing controls within the
electronic health record system known as ``Genesis'' and
document if an overdose reversal drug was co-prescribed.
(6) Develop metrics that can be used by the Defense Health
Agency and each military medical treatment facility to actively
monitor and limit the over prescribing of opioids and to
monitor the co-prescribing of overdose reversal drugs as
accessible interventions.
(7) Develop a report that tracks progression toward reduced
levels of opioid use and includes an identification of
prevention best practices established by the Department.
SEC. 718. ADDITION OF BURN PIT REGISTRATION TO ELECTRONIC HEALTH
RECORDS OF MEMBERS OF THE ARMED FORCES AND VETERANS.
(a) Updates to Electronic Health Records.--Beginning not later than
1 year after the date of the enactment of this Act--
(1) the Secretary of Defense shall ensure that the
electronic health record maintained by such Secretary of a
member of the Armed Forces registered with the burn pit
registry is updated with any information contained in such
registry; and
(2) the Secretary of Veterans Affairs shall ensure that the
electronic health record maintained by such Secretary of a
veteran registered with the burn pit registry is updated with
any information contained in such registry.
(b) Burn Pit Registry Defined.--In this section, the term ``burn
pit registry'' means the registry established under section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act of 2012
(Public Law 112-260; 38 U.S.C. 527 note).
SEC. 719. MAINTENANCE OF CERTAIN MEDICAL SERVICES AT MILITARY MEDICAL
TREATMENT FACILITIES AT SERVICE ACADEMIES.
Section 1073d of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Maintenance of Certain Medical Services at Service
Academies.--(1) In carrying out subsection (a), the Secretary of
Defense shall ensure that each military medical treatment facility
located at a Service Academy (as defined in section 347 of this title)
provides each covered medical service unless the Secretary determines
that a civilian health care facility located not fewer than five miles
from the Service Academy provides the covered medical service.
``(2) In this subsection, the term `covered medical service' means
the following:
``(A) Emergency room services.
``(B) Orthopedic services.
``(C) General surgery services.
``(D) Ear, nose, and throat services.
``(E) Gynecological services.
``(F) Ophthalmology services.
``(G) In-patient services.
``(H) Any other medical services that the relevant
Superintendent of the Service Academy determines necessary to
maintain the readiness and health of the cadets or midshipmen
and members of the armed forces at the Service Academy.''.
SEC. 720. EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION PROJECT.
(a) Demonstration Project Required.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of Defense shall
commence the conduct of a demonstration project designed to evaluate
the cost, quality of care, and impact on maternal and fetal outcomes of
using extramedical maternal health providers under the TRICARE program
to determine the appropriateness of making coverage of such providers
under the TRICARE program permanent.
(b) Elements of Demonstration Project.--The demonstration project
under subsection (a) shall include, for participants in the
demonstration project, the following:
(1) Access to doulas.
(2) Access to lactation consultants who are not otherwise
authorized to provide services under the TRICARE program.
(c) Participants.--The Secretary shall establish a process under
which covered beneficiaries may enroll in the demonstration project in
order to receive the services provided under the demonstration project.
(d) Duration.--The Secretary shall carry out the demonstration
project for a period of 5 years beginning on the date on which
notification of the commencement of the demonstration project is
published in the Federal Register.
(e) Survey.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
duration of the demonstration project, the Secretary shall
administer a survey to determine--
(A) how many members of the Armed Forces or spouses
of such members give birth while their spouse or
birthing partner is unable to be present due to
deployment, training, or other mission requirements;
(B) how many single members of the Armed Forces
give birth alone; and
(C) how many members of the Armed Forces or spouses
of such members use doula support or lactation
consultants.
(2) Matters covered by the survey.--The survey administered
under paragraph (1) shall include an identification of the
following:
(A) The race, ethnicity, age, sex, relationship
status, military service, military occupation, and
rank, as applicable, of each individual surveyed.
(B) If individuals surveyed were members of the
Armed Forces or the spouses of such members, or both.
(C) The length of advanced notice received by
individuals surveyed that the member of the Armed
Forces would be unable to be present during the birth,
if applicable.
(D) Any resources or support that the individuals
surveyed found useful during the pregnancy and birth
process, including doula or lactation counselor
support.
(f) Reports.--
(1) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a plan to implement the demonstration
project.
(2) Annual report.--
(A) In general.--Not later than 1 year after the
commencement of the demonstration project, and annually
thereafter for the duration of the demonstration
project, the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the cost of the
demonstration project and the effectiveness of the
demonstration project in improving quality of care and
the maternal and fetal outcomes of covered
beneficiaries enrolled in the demonstration project.
(B) Matters covered.--Each report submitted under
subparagraph (A) shall address, at a minimum, the
following:
(i) The number of covered beneficiaries who
are enrolled in the demonstration project.
(ii) The number of enrolled covered
beneficiaries who have participated in the
demonstration project.
(iii) The results of the surveys under
subsection (f).
(iv) The cost of the demonstration project.
(v) An assessment of the quality of care
provided to participants in the demonstration
project.
(vi) An assessment of the impact of the
demonstration project on maternal and fetal
outcomes.
(vii) An assessment of the effectiveness of
the demonstration project.
(viii) Recommendations for adjustments to
the demonstration project.
(ix) The estimated costs avoided as a
result of improved maternal and fetal health
outcomes due to the demonstration project.
(x) Recommendations for extending the
demonstration project or implementing permanent
coverage under the TRICARE program of
extramedical maternal health providers.
(xi) An identification of legislative or
administrative action necessary to make the
demonstration project permanent.
(C) Final report.--The final report under
subparagraph (A) shall be submitted not later than 90
days after the termination of the demonstration
project.
(g) Expansion of Demonstration Project.--
(1) Regulations.--If the Secretary determines that the
demonstration project is successful, the Secretary may
prescribe regulations to include extramedical maternal health
providers as health care providers authorized to provide care
under the TRICARE program.
(2) Credentialing and other requirements.--The Secretary
may establish credentialing and other requirements for doulas
and lactation consultants through public notice and comment
rulemaking for purposes of including doulas and lactation
consultations as health care providers authorized to provide
care under the TRICARE program pursuant to regulations
prescribed under paragraph (1).
(h) Definitions.--In this section:
(1) Extramedical maternal health provider.--The term
``extramedical maternal health provider'' means a doula or
lactation consultant.
(2) Covered beneficiary; tricare program.--The terms
``covered beneficiary'' and ``TRICARE program'' have the
meanings given those terms in section 1072 of title 10, United
States Code.
Subtitle C--Matters Relating to COVID-19
SEC. 721. COVID-19 MILITARY HEALTH SYSTEM REVIEW PANEL.
(a) Establishment.--The Secretary of Defense shall establish a
panel to be known as the ``COVID-19 Military Health System Review
Panel'' (in this section referred to as the ``panel'').
(b) Composition.--
(1) Members.--The panel shall be composed of the following
members:
(A) The President of the Uniformed Services
University of the Health Sciences.
(B) The Director of the Defense Health Agency.
(C) The Surgeon General of the Army.
(D) The Surgeon General of the Navy.
(E) The Surgeon General of the Air Force.
(F) The Joint Staff Surgeon.
(G) The Deputy Assistant Secretary of Defense for
Health Readiness Policy and Oversight.
(H) The Deputy Assistant Secretary of Defense for
Health Resources Management and Policy.
(2) Chairperson.--The chairperson of the panel shall be the
President of the Uniformed Services University of the Health
Sciences.
(3) Terms.--Each member shall be appointed for the life of
the panel.
(c) Duties.--
(1) In general.--The panel shall--
(A) review the response of the military health
system to the coronavirus disease 2019 (COVID-19) and
the effects of COVID-19 on such system, including by
analyzing any strengths or weaknesses of such system
identified as a result COVID-19; and
(B) using information from the review, make such
recommendations as the panel considers appropriate with
respect to any policy, practice, organization, manning
level, funding level, or legislative authority relating
to the military health system.
(2) Elements of review.--In conducting the review under
paragraph (1), each member of the panel shall lead a review of
at least one of the following elements, with respect to the
military health system:
(A) Policy, including any policy relating to force
health protection or medical standards for the
appointment, enlistment, or induction of individuals
into the Armed Forces.
(B) Public health activities, including any
activity relating to risk communication, surveillance,
or contact tracing.
(C) Research, diagnostics, and therapeutics.
(D) Logistics and technology.
(E) Force structure and manning.
(F) Governance and organization.
(G) Operational capabilities and operational
support.
(H) Education and training.
(I) Health benefits under the TRICARE program.
(J) Engagement and security activities relating to
global health.
(K) The financial impact of COVID-19 on the
military health system.
(d) Report.--Not later than June 1, 2021, the Secretary of Defense
shall submit to the congressional defense committees a report that
includes the findings of the panel as a result of the review under
subsection (c)(1)(A), together with such recommendations as the panel
considers appropriate under subsection (c)(1)(B).
(e) Termination.--The panel shall terminate on June 1, 2021.
SEC. 722. COVID-19 GLOBAL WAR ON PANDEMICS.
(a) Strategy.--The Secretary of Defense shall develop a strategy
for pandemic preparedness and response that includes the following:
(1) Identification of activities necessary to be carried
out prior to a pandemic to ensure preparedness and effective
communication of roles and responsibilities within the
Department of Defense, including--
(A) reviewing the frequency of each exercise
conducted by the Department or a military department
that relates to a pandemic or severe influenza season
or related force health protection;
(B) ensuring such exercises are appropriately
planned, resourced, and practiced;
(C) including a consideration of the capabilities
and capacities necessary to carry out the strategy
under this section, and related operations for force
health protection, and ensuring that these are included
in each cost evaluation, Defense-wide review, or
manning assessment of the Department of Defense that
affects such capabilities and capacities;
(D) reviewing the placement, exploring broader
utilization of global health engagement liaisons, and
increasing the scope of global health activities of the
Department of Defense;
(E) assessing a potential career track relating to
health protection research for members of the Armed
Forces and civilian employees of the Department of
Defense;
(F) providing to members of the Armed Forces
guidance on force health protection prior to and during
a pandemic or severe influenza season, including
guidance on specific behaviors or actions required,
such as self-isolating, social distancing, and
additional protective measures to be carried out after
contracting a novel virus or influenza;
(G) reviewing and updating the inventory of medical
supplies and equipment of the Department of Defense
that is available for operational support to the
combatant commands prior to and during a pandemic (such
as vaccines, biologics, drugs, preventive medicine,
antiviral medicine, and equipment relating to trauma
support), including a review of--
(i) the sufficiency of prepositioned
stocks; and
(ii) the effectiveness of the Warstopper
Program of the Defense Logistics Agency, or
such successor program;
(H) reviewing and updating distribution plans of
the Department of Defense for critical medical supplies
and equipment within the inventory of the Department of
Defense, including vaccines and antiviral medicines;
and
(I) reviewing and updating research on infectious
diseases and preventive medicine conducted by the
military health system, including research conducted by
the Health Related Communities of Interest of the
Department of Defense, the Joint Program Committees,
the overseas medical laboratories of the Department of
Defense, the Armed Forces Health Surveillance Branch,
or other elements of the Department of Defense that
conduct research in support of members of the Armed
Forces or beneficiaries under the TRICARE program.
(2) Review of Department of Defense systems for health
surveillance and detection to ensure continuous situational
awareness and early warning with respect to a pandemic,
including a review of--
(A) the levels of funding and investment, and the
overall value, of the Global Emerging Infections
Surveillance and Response System of the Department of
Defense, including the value demonstrated by the role
of such system in--
(i) improving the Department of Defense
prevention and surveillance of, and the
response to, infectious diseases that may
impact members of the Armed Forces;
(ii) informing decisions relating to force
health protection across the geographic
combatant commands;
(iii) ensuring laboratory readiness to
support pandemic response efforts and to
understand infectious disease threats to the
Armed Forces; and
(iv) coordinating and collaborating with
partners, such as the geographic combatant
commands, other Federal agencies, and
international partners;
(B) the levels of funding and investment, and the
overall value, of the overseas medical laboratories of
the Department of Defense, including the value
demonstrated by the role of such laboratories in
conducting research and forming partnerships with other
elements of the Department of Defense, other Federal
agencies, international partners in the country in
which such laboratory is located, and, as applicable,
the private sector of the United States; and
(C) the levels of funding and investment, and the
overall value, of the Direct HIV/AIDS Prevention
Program of the Department of Defense, including the
value demonstrated by the role of such program in
developing (in coordination with other Federal
agencies) programs for the prevention, care, and
treatment of the human immunodeficiency virus infection
and acquired immune deficiency syndrome.
(3) Identification of activities to limit the spread of an
infectious disease outbreak among members of the Armed Forces
and beneficiaries under the TRICARE program, including
activities to mitigate the health, social, and economic impacts
of a pandemic on such members and beneficiaries, including by--
(A) reviewing the role of the Department of Defense
in the National Disaster Medical System under section
2812 of the Public Health Service Act (42 U.S.C. 300hh-
11) and implementing plans across the Department that
leverage medical facilities, personnel, and response
capabilities of the Federal Government to support
requirements under such Act relating to medical surge
capacity;
(B) determining the range of public health
capacity, medical surge capacity, administrative
capacity, and veterinary capacity necessary for the
Armed Forces to--
(i) support operations during a pandemic;
and
(ii) develop mechanisms to reshape force
structure during such pandemic as necessary
(contingent upon primary mission requirements);
and
(C) determining the range of activities for
operational medical support and infrastructure
sustainment that the Department of Defense and other
Federal agencies have the capacity to implement during
a pandemic (contingent upon primary mission
requirements), and develop plans for the implementation
of such activities.
(b) Study on Response to COVID-19.--The Secretary shall conduct a
study on the response of the military health system to the coronavirus
disease 2019 (COVID-19).
(c) Report.--Not later than June 1, 2021, the Secretary shall
submit to the congressional defense committees a report containing--
(1) the strategy under subsection (a); and
(2) the study under subsection (b), including any findings
or recommendations from the study that relate to an element of
the strategy under subsection (a), such as recommended changes
to policy, funding, practices, manning, organization, or
legislative authority.
(d) Inspector General Report on Response to COVID-19.--Not later
than June 1, 2021, the Inspector General of the Department of Defense
shall submit to the congressional defense committees and the Secretary
of Defense a report on--
(1) the total dollar amount of waste, fraud, and abuse
uncovered in any Department of Defense spending under the
Defense Production Act of 1950 with respect to the COVID-19
pandemic; and
(2) any recommendations on how to combat waste, fraud, and
abuse in future spending related to pandemic preparedness and
response.
SEC. 723. REGISTRY OF TRICARE BENEFICIARIES DIAGNOSED WITH COVID-19.
(a) Establishment.--Not later than June 1, 2021, the Secretary of
Defense shall establish and maintain a registry of TRICARE
beneficiaries who have been diagnosed with COVID-19.
(b) Contents.--The registry under subsection (a) shall include,
with respect to each TRICARE beneficiary included in the registry, the
following:
(1) The demographic information of the beneficiary.
(2) Information on the industrial or occupational history
of the beneficiary, to the extent such information is available
in the records regarding the COVID-19 diagnosis of the
beneficiary.
(3) Administrative information regarding the COVID-19
diagnosis of the beneficiary, including the date of the
diagnosis and the location and source of the test used to make
the diagnosis.
(4) Any symptoms of COVID-19 manifested in the beneficiary.
(5) Any treatments for COVID-19 taken by the beneficiary,
or other medications taken by the beneficiary, when the
beneficiary was diagnosed with COVID-19.
(6) Any pathological data characterizing the incidence of
COVID-19 and the type of treatment for COVID-19 provided to the
beneficiary.
(7) Information on any respiratory illness of the
beneficiary recorded prior to the COVID-19 diagnosis of the
beneficiary.
(8) Any information regarding the beneficiary contained in
the Airborne Hazards and Open Burn Pit Registry established
under section 201 of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C.
527, note).
(9) Any other information determined appropriate by the
Secretary.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
on establishing the registry under subsection (a), including--
(1) a plan to implement the registry;
(2) the cost of implementing the registry;
(3) the location of the registry; and
(4) any recommended legislative changes with respect to
establishing the registry.
(d) TRICARE Beneficiary Defined.--In this section, the term
``TRICARE beneficiary'' means the following:
(1) An individual covered by section 1074(a) of title 10,
United States Code.
(2) A covered beneficiary (as defined in section 1072 of
title 10, United States Code).
SEC. 724. PANDEMIC HEALTH ASSESSMENTS EVALUATE EXPOSURE TO OPEN BURN
PITS AND TOXIC AIRBORNE CHEMICALS.
(a) Exposure to Open Burn Pits and Toxic Airborne Chemicals or
Other Airborne Contaminants as Part of Health Assessments for Members
of the Armed Forces and Veterans During a Pandemic and Inclusion of
Information in Registry.--
(1) Health assessment.--The Secretary of Defense and
Secretary of Veterans Affairs shall ensure that the first
health assessment conducted for a member of the Armed Forces or
veteran after the individual tested positive for a virus
certified by the Federal Government as a pandemic includes an
evaluation of whether the individual has been--
(A) based or stationed at a location where an open
burn pit was used; or
(B) exposed to toxic airborne chemicals or other
airborne contaminants relating to service in the Armed
Forces, including an evaluation of any information
recorded as part of the Airborne Hazards and Open Burn
Pit Registry.
(2) Inclusion of individuals in registry.--If an evaluation
conducted under paragraph (1) with respect to an individual
establishes that the individual was based or stationed at a
location where an open burn pit was used, or that the
individual was exposed to toxic airborne chemicals or other
airborne contaminants, the individual shall be enrolled in the
Airborne Hazards and Open Burn Pit Registry unless the member
elects to not enroll in such registry.
(3) Rule of construction.--Nothing in this subsection may
be construed to preclude eligibility of a veteran for benefits
under the laws administered by the Secretary of Veterans
Affairs by reason of the history of exposure of the veteran to
an open burn pit not being recorded in an evaluation conducted
under paragraph (1).
(4) Definitions.--In this subsection:
(A) Airborne hazards and open burn pit registry.--
The term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established by the
Secretary of Veterans Affairs under section 201 of the
Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C.
527 note).
(B) Open burn pit.--The term ``open burn pit'' has
the meaning given that term in section 201(c) of the
Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 126 Stat.
2422; 38 U.S.C. 527 note).
(b) Study on Impact of Viral Pandemics on Members of Armed Forces
and Veterans Who Have Experienced Toxic Exposure.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct a study, through the Airborne Hazards and Burn Pits
Center of Excellence (in this subsection referred to as the
``Center''), on the health impacts of infection with a virus
designated as a global pandemic, including a coronavirus, to
members of the Armed Forces and veterans who have been exposed
to open burn pits and other toxic exposures for the purposes of
understanding the health impacts of the virus and whether
individuals infected with the virus are at increased risk of
severe symptoms due to previous conditions linked to toxic
exposure.
(2) Preparation for future pandemic.--The Secretary,
through the Center, shall analyze potential lessons learned
through the study conducted under paragraph (1) to assist in
preparing the Department of Veterans Affairs for potential
future pandemics.
(3) Definitions.--In this subsection:
(A) Coronavirus.--The term ``coronavirus'' has the
meaning given that term in section 506 of the
Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020 (Public Law 116-123).
(B) Open burn pit.--The term ``open burn pit'' has
the meaning given that term in section 201(c) of the
Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 126 Stat.
2422; 38 U.S.C. 527 note).
SEC. 725. PROVISION OF INFORMATION REGARDING COVID-19 IN MULTIPLE
LANGUAGES.
(a) Translation of Materials.--The Secretary of Defense shall--
(1) translate any written material of the Department of
Defense prepared in the English language for the general public
relating to the COVID-19 pandemic into the languages specified
in subsection (b) by not later than 7 days after the date on
which such material is made available; and
(2) make such translated written material available to the
public.
(b) Languages Specified.--The languages specified in this
subsection are the following:
(1) Arabic.
(2) Cambodian.
(3) Chinese.
(4) French.
(5) Greek.
(6) Haitian Creole.
(7) Hindi.
(8) Italian.
(9) Japanese.
(10) Korean.
(11) Laotian.
(12) Polish.
(13) Portuguese.
(14) Russian.
(15) Spanish.
(16) Tagalog.
(17) Thai.
(18) Urdu.
(19) Vietnamese.
(c) Definition of COVID-19 Pandemic.--In this section, the term
``COVID-19 pandemic'' means the public health emergency declared by the
Secretary of Health and Human Services pursuant to section 319 of the
Public Health Service Act on January 31, 2020, entitled ``Determination
that a Public Health Emergency Exists Nationwide as the Result of the
2019 Novel Coronavirus''.
SEC. 726. STUDY OF SUBSTANCE USE DISORDERS AMONG MEMBERS OF THE ARMED
FORCES AND VETERANS DURING THE COVID-19 PUBLIC HEALTH
EMERGENCY.
(a) In General.--The Secretaries shall conduct a study on substance
use disorders among the relevant population before and during the
COVID-19 public health emergency. The study shall include the
following:
(1) Analysis of data about the relevant population who
overdosed from opioids or other illicit substances during the
public health emergency, using appropriate control samples and
comparing to existing population data.
(2) Analysis of fatal opioid and other illicit substances
overdose deaths among the relevant population during the public
health emergency, using appropriate control samples and
comparing to existing population data.
(3) Analysis of the prevalence of alcohol use disorder
among the relevant population during the public health
emergency, using existing data to identify any new trends.
(4) Analysis of the association between overdose deaths and
suicide among the relevant population.
(5) An overview of the resources from relevant Federal
agencies, including the Department of Defense, the United
States Department of Veterans Affairs, the Substance Abuse and
Mental Health Services Administration, the Centers for Disease
Control and Prevention, and the National Institutes of Health,
that were distributed to the relevant population during the
public health emergency, including methods of dissemination.
(6) An analysis of the utilization of recovery services and
barriers to access the services at the Veterans Health
Administration and the Military Health System by different
modes of delivery, such as telehealth, inpatient, outpatient,
intensive outpatient, and residential services, during the
public health emergency.
(7) Identification of key areas in which relevant Federal
agencies can improve their pandemic response as it relates to
substance use disorders and overdoses among the relevant
population, including steps that can be taken to improve the
preparedness of the agencies for future public health
emergencies declared by the Secretary under section 319 of the
Public Health Service Act.
(b) Reports.--
(1) Interim report.--Within 120 days after the COVID-19
public health emergency ends, the Secretaries shall submit to
the appropriate committees an interim report that contains an
update on the status of the study required by subsection (a).
(2) Final report.--Not later than 2 years after the COVID-
19 public health emergency ends, the Secretaries shall submit
to the appropriate committees a final report that contains the
results of the study.
(c) Definitions.--In this section:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate.
(2) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services on
January 27, 2020, with respect to the 2019 Novel Coronavirus.
(3) Relevant population.--The term ``relevant population''
means members of the Armed Forces and veterans.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of Defense and the Secretary of Veterans Affairs.
Subtitle D--Reports and Other Matters
SEC. 731. MODIFICATIONS TO PILOT PROGRAM ON CIVILIAN AND MILITARY
PARTNERSHIPS TO ENHANCE INTEROPERABILITY AND MEDICAL
SURGE CAPABILITY AND CAPACITY OF NATIONAL DISASTER
MEDICAL SYSTEM.
Section 740 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Defense may''
and inserting ``Beginning not later than 180 days after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2021, the Secretary
of Defense shall''; and
(B) by striking ``and the Secretary of
Transportation'' and inserting ``the Secretary of
Transportation, and the Administrator of the Federal
Emergency Management Agency'';
(2) in subsection (d), by striking ``and the Secretary of
Transportation'' and inserting ``the Secretary of
Transportation, and the Administrator of the Federal Emergency
Management Agency''; and
(3) in subsection (f)--
(A) by striking ``the Committees on Armed Services
of the Senate and the House of Representatives'' each
place it appears and inserting ``the appropriate
congressional committees'';
(B) in paragraph (1)(B)(i), by inserting before the
period the following: ``, including a recommendation
for at least one of the locations selected under
subsection (c)''; and
(C) by adding at the end the following new
paragraph:
``(3) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means the following:
``(A) The Committee on Armed Services, the
Committee on Transportation and Infrastructure, the
Committee on Veterans' Affairs, the Committee on
Homeland Security, and the Committee on Energy and
Commerce of the House of Representatives.
``(B) The Committee on Armed Services, the
Committee on Commerce, Science, and Transportation, the
Committee on Veterans' Affairs, the Committee on
Homeland Security and Governmental Affairs, and the
Committee on Health, Education, Labor, and Pensions of
the Senate.''.
SEC. 732. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED FORCES AND
SUICIDE PREVENTION PROGRAMS AND ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
Section 741(a)(2) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1467) is amended--
(1) in subparagraph (B), by adding at the end the following
new clause:
``(iii) The 1-year period following the
date on which the member returns from such a
deployment.'';
(2) by redesignating subparagraphs (D) through (H) as
subparagraphs (E) through (I), respectively;
(3) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) The number of suicides involving a member who
was prescribed a medication to treat a mental health or
behavioral health diagnosis during the 1-year period
preceding the death.''; and
(4) by adding at the end the following new subparagraph:
``(J) A description of the programs carried out by
the military departments to address and reduce the
stigma associated with seeking assistance for mental
health or suicidal thoughts.''.
SEC. 733. CLARIFICATION OF RESEARCH UNDER JOINT TRAUMA EDUCATION AND
TRAINING DIRECTORATE AND INCLUSION OF MILITARY WORKING
DOGS.
(a) In General.--Subsection (b) of section 708 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 1071 note) is amended--
(1) in paragraph (7), by striking ``of members of the Armed
Forces'' and inserting ``with respect to both members of the
Armed Forces and military working dogs''; and
(2) by striking paragraph (9) and inserting the following
new paragraph:
``(9) To inform and advise the conduct of research on the
leading causes of morbidity and mortality of members of the
Armed Forces and military working dogs in combat.''.
(b) Veterinarians in Personnel Management Plan.--Subsection (d)(1)
of such section is amended--
(1) by redesignating subparagraph (F) as subparagraph (G);
and
(2) by inserting after subparagraph (E) the following new
subparagraph:
``(F) Veterinary care.''.
SEC. 734. EXTENSION OF THE JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF
VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION PROJECT.
Section 1704(e) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567), as most recently
amended by section 732 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further amended by striking
``September 30, 2021'' and inserting ``September 30, 2023''.
SEC. 735. INFORMATION SHARING BY SECRETARY OF DEFENSE REGARDING
PREVENTION OF INFANT AND MATERNAL MORTALITY.
(a) Authorization of Information Sharing.--The Secretary of Defense
may enter into memoranda of understanding with State and local health
authorities to share the practices of, and lessons learned by, the
military health system for the prevention of infant and maternal
mortality.
(b) State Defined.--In this section, the term ``State'' means each
State, the District of Columbia, each commonwealth, territory or
possession of the United States, and each federally recognized Indian
Tribe.
SEC. 736. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-TRAUMATIC
STRESS DISORDER RESEARCH BETWEEN UNITED STATES AND
ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, acting through the Psychological Health and
Traumatic Brain Injury Research Program, should seek to explore
scientific collaboration between American academic institutions and
nonprofit research entities, and Israeli institutions with expertise in
researching, diagnosing, and treating post-traumatic stress disorder.
(b) Grant Program.--The Secretary of Defense, in coordination with
the Secretary of Veterans Affairs and the Secretary of State, shall
award grants to eligible entities to carry out collaborative research
between the United States and Israel with respect to post-traumatic
stress disorders. The Secretary of Defense shall carry out the grant
program under this section in accordance with the agreement titled
``Agreement Between the Government of the United States of America and
the Government of Israel on the United States-Israel Binational Science
Foundation'', dated September 27, 1972.
(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be an academic institution or a nonprofit
entity located in the United States.
(d) Award.--The Secretary shall award grants under this section to
eligible entities that--
(1) carry out a research project that--
(A) addresses a requirement in the area of post-
traumatic stress disorders that the Secretary
determines appropriate to research using such grant;
and
(B) is conducted by the eligible entity and an
entity in Israel under a joint research agreement; and
(2) meet such other criteria that the Secretary may
establish.
(e) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such commitments
and information as the Secretary may require.
(f) Gift Authority.--The Secretary may accept, hold, and
administer, any gift of money made on the condition that the gift be
used for the purpose of the grant program under this section. Such
gifts of money accepted under this subsection shall be deposited in the
Treasury in the Department of Defense General Gift Fund and shall be
available, subject to appropriation, without fiscal year limitation.
(g) Reports.--Not later than 180 days after the date on which an
eligible entity completes a research project using a grant under this
section, the Secretary shall submit to Congress a report that
contains--
(1) a description of how the eligible entity used the
grant; and
(2) an evaluation of the level of success of the research
project.
(h) Termination.--The authority to award grants under this section
shall terminate on the date that is 7 years after the date on which the
first such grant is awarded.
SEC. 737. PILOT PROGRAM ON CRYOPRESERVATION AND STORAGE.
(a) Pilot Program.--The Secretary of Defense shall establish a
pilot program to provide not more than 1,000 members of the Armed
Forces serving on active duty with the opportunity to cryopreserve and
store their gametes prior to deployment to a combat zone.
(b) Period.--
(1) In general.--The Secretary shall provide for the
cryopreservation and storage of gametes of a participating
member of the Armed Forces under subsection (a), at no cost to
the member, in a facility of the Department of Defense or at a
private entity pursuant to a contract under subsection (d)
until the date that is 1 year after the retirement, separation,
or release of the member from the Armed Forces.
(2) Continued cryopreservation and storage.--At the end of
the 1-year period specified in paragraph (1), the Secretary
shall authorize an individual whose gametes were cryopreserved
and stored in a facility of the Department as described in that
paragraph to select, including pursuant to an advance medical
directive or military testamentary instrument completed under
subsection (c), one of the following options:
(A) To continue such cryopreservation and storage
in such facility with the cost of such cryopreservation
and storage borne by the individual.
(B) To transfer the gametes to a private
cryopreservation and storage facility selected by the
individual.
(C) To authorize the Secretary to dispose of the
gametes of the individual not earlier than the date
that is 90 days after the end of the 1-year period
specified in paragraph (1) with respect to the
individual.
(c) Advance Medical Directive and Military Testamentary
Instrument.--A member of the Armed Forces who elects to cryopreserve
and store their gametes under this section shall complete an advance
medical directive described in section 1044c(b) of title 10, United
States Code, and a military testamentary instrument described in
section 1044d(b) of such title, that explicitly specifies the use of
their cryopreserved and stored gametes if such member dies or otherwise
loses the capacity to consent to the use of their cryopreserved and
stored gametes.
(d) Agreements.--To carry out this section, the Secretary may enter
into agreements with private entities that provide cryopreservation and
storage services for gametes.
SEC. 738. PILOT PROGRAM ON PARENTS SERVING AS CERTIFIED NURSING
ASSISTANTS FOR CHILDREN UNDER TRICARE PROGRAM.
(a) Pilot Program.--The Director of the Defense Health Agency may
carry out a pilot program under which an eligible parent serves as a
certified nursing assistant under the TRICARE program with respect to
providing personal care services to a covered child.
(b) Duration.--If the Director carries out the pilot program under
subsection (a), the Director shall carry out the pilot program for a
period of 18 months.
(c) Briefing.--If the Director carries out the pilot program under
subsection (a), not later than 1 year after the date of the enactment
of this Act, the Director shall provide to the congressional defense
committees a briefing on the pilot program.
(d) Report.--If the Director carries out the pilot program under
subsection (a), not later than 180 days after the date of the
completion of the pilot program, the Director shall submit to the
congressional defense committees a report on the pilot program. The
report shall include--
(1) the cost of the program;
(2) an analysis of whether the pilot program met
established performance metrics;
(3) an analysis of whether the pilot program provided the
standard of care to the patient that is required; and
(4) the recommendation of the Director regarding whether
the pilot program should be made permanent.
(e) Definitions.--In this section:
(1) The term ``covered child'' means a covered beneficiary
described in section 1072(2)(D) of title 10, United States
Code, who--
(A) is the child of a member of the uniformed
services serving on active duty; and
(B) is eligible for private duty nursing under the
Extended Care Health Option under subsections (d)
through (f) of section 1079 of such title.
(2) The term ``eligible parent'' means an individual who
is--
(A) a certified nursing assistant; and
(B) the parent of a covered child.
(3) The term ``personal care services'' means personal care
services prescribed by a medical doctor and provided by a
certified nursing assistant under the supervision and guidance
of a registered nurse case manager.
(4) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
SEC. 739. STUDY ON INCIDENCE OF CANCER DIAGNOSIS AND MORTALITY AMONG
PILOTS IN THE ARMED FORCES.
(a) Study.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with the National Academies of Sciences, Engineering, and
Medicine to conduct a study to--
(1) determine the incidence of cancer diagnosis and
mortality among members, and former members, of the Armed
Forces who serve as pilots compared to such members who do not
serve as pilots, including by determining such incidence based
on gender, age, flying hours, Armed Force, and type of
aircraft; and
(2) determine the appropriate age to begin screening such
members for cancer, including by determining such age based on
gender, flying hours, Armed Force, and type of aircraft.
(b) Submission.--Not later than 2 years after the date on which the
Secretary enters into the agreement under subsection (a), the Secretary
shall submit to the appropriate congressional committees a report on
the findings from the study under such subsection.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services and Veterans'
Affairs of the House of Representatives; and
(B) the Committees on Armed Services and Veterans'
Affairs of the Senate.
(2) The term ``Armed Forces'' means each Armed Force under
the jurisdiction of the Secretary of a military department.
(3) The term ``pilot'' includes an individual who
frequently accompanies a pilot in a cockpit, such as a
navigator.
SEC. 740. REPORT ON DIET AND NUTRITION OF MEMBERS OF THE ARMED FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the diet and nutrition of members of the Armed
Forces. The report shall describe the following:
(1) The relationship between the diet and nutrition of
members and the health, performance, and combat effectiveness
of members.
(2) The relationship between diets high in Omega-3 fatty
acids, or other diets that may lower inflammation and obesity,
and improved mental health.
(3) The extent to which the food and beverages offered at
the dining halls of the Armed Forces as of the date of the
report are designed to optimize the health, performance, and
combat effectiveness of members according to science-based
approaches.
(4) The plan of the Secretary to improve the health,
performance, and combat effectiveness of members by modifying
the food and beverages offered at the dining halls of the Armed
Forces, including in ways that minimize the change members.
(5) Expected costs and timeline to implement such plan,
including any expected savings from reduced medical costs.
SEC. 741. REPORT ON COSTS AND BENEFITS OF ALLOWING RETIRED MEMBERS OF
THE ARMED FORCES TO CONTRIBUTE TO HEALTH SAVINGS
ACCOUNTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of Defense for Health
Affairs shall submit to the congressional defense committees a report
on the costs and benefits of allowing covered individuals to make
contributions to a health savings account.
(b) Matters.--The report under subsection (a) shall include a
description of the following:
(1) Any anticipated cost savings as a result of allowing
covered individuals to make contributions to health savings
accounts.
(2) Any anticipated increase in health care options
available to covered individuals as a result of allowing such
contributions.
(3) Any anticipated disruption or delay in health services
or benefits for covered individuals as a result of allowing
such contributions.
(c) Definitions.--In this section:
(1) The term ``covered individual''--
(A) means a beneficiary covered by subsection (c)
of section 1086 of title 10, United States Code; and
(B) includes a Medicare-eligible beneficiary
described in subsection (d)(2) of such section.
(2) The term ``health savings account'' has the meaning
given that term in section 223(d) of the Internal Revenue Code
of 1986.
SEC. 742. STUDY ON TOXIC EXPOSURE AT KARSHI-KHANABAD AIR BASE,
UZBEKISTAN.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on toxic exposure by members of the Armed Forces deployed
to Karshi-Khanabad Air Base, Uzbekistan, at any time during the
period beginning October 1, 2001, and ending December 31, 2005.
(2) Matters included.--The study under paragraph (1) shall
include the following:
(A) An assessment regarding the conditions of
Karshi-Khanabad Air Base, Uzbekistan, during the period
beginning October 1, 2001, and ending December 31,
2005, including an identification of toxic substances
contaminating the Air Base during such period.
(B) An epidemiological study of the health
consequences of a member of the Armed Forces deployed
to the Air Base during such period.
(C) An assessment of any association between
exposure to toxic substances identified under
subparagraph (A) and the health consequences studied
under subparagraph (B).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the results of the study under subsection (a).
SEC. 743. AUDIT OF MEDICAL CONDITIONS OF TENANTS IN PRIVATIZED MILITARY
HOUSING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall commence the conduct of an audit of the medical
conditions of eligible individuals and the association between adverse
exposures of such individuals in unsafe or unhealthy housing units and
the health of such individuals.
(b) Content of Audit.--The audit conducted under subsection (a)
shall--
(1) determine the percentage of units of privatized
military housing that are unsafe or unhealthy housing units;
(2) study the adverse exposures of eligible individuals
that relate to residing in an unsafe or unhealthy housing unit
and the effect of such exposures on the health of such
individuals; and
(3) determine the association, to the extent permitted by
available scientific data, and provide quantifiable data on
such association, between such adverse exposures and the
occurrence of a medical condition in eligible individuals
residing in unsafe or unhealthy housing units.
(c) Conduct of Audit.--The Inspector General of the Department
shall conduct the audit under subsection (a) using the same privacy
preserving guidelines used by the Inspector General in conducting other
audits of health records.
(d) Source of Data.--In conducting the audit under subsection (a),
the Inspector General of the Department shall use--
(1) de-identified data from electronic health records of
the Department;
(2) records of claims under the TRICARE program (as defined
in section 1072(7) of title 10, United States Code); and
(3) such other data as determined necessary by the
Inspector General.
(e) Submittal and Public Availability of Report.--Not later than 1
year after the commencement of the audit under subsection (a), the
Inspector General of the Department shall--
(1) submit to the Secretary of Defense and the Committees
on Armed Services of the Senate and the House of
Representatives a report on the results of the audit conducted
under subsection (a); and
(2) publish such report on a publicly available internet
website of the Department of Defense.
(f) Definitions.--In this section:
(1) The term ``eligible individual'' means a member of the
Armed Forces or a family member of a member of the Armed Forces
who--
(A) has resided in an unsafe or unhealthy housing
unit; and
(B) has registered under the Housing Environmental
Health Response Registry of the Army.
(2) The term ``privatized military housing'' means military
housing provided under subchapter IV of chapter 169 of title
10, United States Code.
(3) The term ``unsafe or unhealthy housing unit'' means a
unit of privatized military housing in which, at any given
time, at least one of the following hazards is present:
(A) Physiological hazards, including the following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including ease of access
by unlawful intruders or lighting issues.
(C) Poor ventilation.
(D) Safety hazards.
(E) Other hazards as determined by the Inspector
General of the Department.
SEC. 744. REPORT ON INTEGRATED DISABILITY EVALUATION SYSTEM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the findings of a study, conducted by the
Secretary for the purposes of the report, of the implementation and
application of the Integrated Disability Evaluation System.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) All changes to policies and procedures applicable to
the implementation of the Integrated Disability Evaluation
System from the previous disability evaluation system.
(2) The extent to which the Integrated Disability
Evaluation System is the primary means of processing members of
the Armed Forces through the disability evaluation system
process.
(3) The extent to which the military departments and the
Defense Health Agency coordinate--
(A) treatment of members of the Armed Forces;
(B) referrals of members of the Armed Forces to a
medical evaluation board;
(C) appointing a convening authority and staffing a
medical evaluation board;
(D) the sharing of medical documentation with a
medical evaluation board;
(E) evaluations of members of the Armed Forces for
initial or subsequent limited duty status; and
(F) a medical evaluation board referral to a
physical evaluation board.
(4) The process for members of the Armed Forces to request
an impartial medical review or rebut medical evaluation board
findings.
(5) The criteria a medical evaluation board convening
authority applies when considering such requests under
paragraph (4).
(6) The average time to process Integrated Disability
Evaluation System cases by both phase and stage (as defined in
Department of Defense Manual 1332.18) for both the active
component and reserve component.
SEC. 745. REVIEW AND REPORT ON PREVENTION OF SUICIDE AMONG MEMBERS OF
THE ARMED FORCES STATIONED AT REMOTE INSTALLATIONS
OUTSIDE THE CONTIGUOUS UNITED STATES.
(a) Review Required.--The Comptroller General of the United States
shall conduct a review of efforts by the Department of Defense to
prevent suicide among members of the Armed Forces stationed at covered
installations.
(b) Elements of Review.--The review conducted under subsection (a)
shall include an assessment of each of the following:
(1) Current policy guidelines of the Armed Forces on the
prevention of suicide among members of the Armed Forces
stationed at covered installations.
(2) Current suicide prevention programs of the Armed Forces
and activities for members of the Armed Forces stationed at
covered installations and their dependents, including programs
provided by the Defense Health Program and the Office of
Suicide Prevention.
(3) The integration of mental health screenings and suicide
risk and prevention efforts for members of the Armed Forces
stationed at covered installations and their dependents into
the delivery of primary care for such members and dependents.
(4) The standards for responding to attempted or completed
suicides among members of the Armed Forces stationed at covered
installations and their dependents, including guidance and
training to assist commanders in addressing incidents of
attempted or completed suicide within their units.
(5) The standards regarding data collection for members of
the Armed Forces stationed at covered installations and their
dependents, including related factors such as domestic violence
and child abuse.
(6) The means to ensure the protection of privacy of
members of the Armed Forces stationed at covered installations
and their dependents who seek or receive treatment related to
suicide prevention.
(7) The availability of information from indigenous
populations on suicide prevention for members of the Armed
Forces stationed at covered installations who are members of
such a population.
(8) The availability of information from graduate research
programs of institutions of higher education on suicide
prevention for members of the Armed Forces.
(9) Such other matters as the Comptroller General considers
appropriate in connection with the prevention of suicide among
members of the Armed Forces stationed at covered installations
and their dependents.
(c) Briefing and Report.--The Comptroller General shall--
(1) not later than October 1, 2021, brief the Committees on
Armed Services of the Senate and the House of Representatives
on preliminary observations relating to the review conducted
under subsection (a); and
(2) not later than March 1, 2022, submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report containing the results of such review.
(d) Covered Installation Defined.--In this section, the term
``covered installation'' means a remote installation of the Department
of Defense outside the contiguous United States.
SEC. 746. ANTIMICROBIAL STEWARDSHIP STAFFING AT MEDICAL TREATMENT
FACILITIES OF THE DEPARTMENT OF DEFENSE.
(a) Development of Recommendations.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense, in
consultation with the Centers for Disease Control and Prevention and
relevant medical societies, shall develop for its military medical
treatment facilities--
(1) stewardship staffing recommendations, based upon
facility size and patient populations; and
(2) diagnostics stewardship recommendations to improve
antimicrobial stewardship programs.
(b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a plan
for carrying out the recommendations developed under subsection (a) and
identify barriers to implementing such recommendations.
SEC. 747. REPORT ON CHIROPRACTIC CARE FOR DEPENDENTS AND RETIREES UNDER
THE TRICARE PROGRAM.
Not later than 1 year after the date of the enactment of this Act,
the Director of the Defense Health Agency shall submit to the
congressional defense committees a report on the feasibility, efficacy,
and cost of expanding coverage for chiropractic care to covered
beneficiaries under the TRICARE program (as those terms are defined in
section 1072 of title 10, United States Code).
SEC. 748. STUDY ON MEDEVAC HELICOPTERS AND AMBULANCES AT MILITARY
INSTALLATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report containing a study on the potential benefits and
feasibility of requiring that--
(1) each enduring military installation located outside the
United States has at least one properly functioning medical
evacuation helicopter and at least one properly functioning
ambulance; and
(2) each such helicopter and ambulance is stocked with
appropriate emergency medical supplies.
SEC. 749. FUNDING FOR PANCREATIC CANCER RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 1405 for the Defense Health Program, as specified in the
corresponding funding table in section 4501, for R&D Research is hereby
increased by $5,000,000 for the purposes of a pancreatic cancer early
detection initiative (EDI).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 1405 for Defense Health Program, as specified in the
corresponding funding table in section 4501, for Base Operations/
Communications is hereby reduced by $5,000,000.
SEC. 750. REPORT ON MENTAL HEALTH TREATMENT RELATING TO PREGNANCY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report with respect to mental health treatment relating to
pregnancy that assesses the following:
(1) The extent to which treatment for covered mental health
issues is available and accessible to active duty members of
the Armed Forces and the spouses of such members.
(2) The extent to which data on the rate of occurrence of
covered mental health issues among active duty members of the
Armed Forces, and the spouses of such members, is collected.
(3) The barriers that prevent active duty members of the
Armed Forces, and the spouses of such members, from seeking or
obtaining care for covered mental health issues.
(4) The ways in which the Department of Defense is
addressing barriers identified under paragraph (3).
(b) Covered Mental Health Issues Defined.--In this section, the
term ``covered mental health issues'' means pregnancy-related
depression, postpartum depression, and other pregnancy-related mood
disorders.
SEC. 750A. REPORT ON COST OF EXTENDING TRICARE COVERAGE TO INDIVIDUALS
PARTICIPATING IN HEALTH PROFESSIONS SCHOLARSHIP AND
FINANCIAL ASSISTANCE PROGRAM.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report containing an analysis of the cost of providing
coverage and health care benefits under the TRICARE program to each
individual currently participating in a health professions scholarship
and financial assistance program established pursuant to section 2121
of title 10, United States Code.
SEC. 750B. REPORT ON HEALTH CARE RECORDS OF DEPENDENTS WHO LATER SEEK
TO SERVE AS A MEMBER OF THE ARMED FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the use by the military departments of health
care records of individuals who are dependents or former dependents of
members of the Armed Forces with respect to that individual later
serving or seeking to serve as a member of the Armed Forces. The report
shall include the following:
(1) A description of the policy of the Department of
Defense and each military department with respect to combining
the juvenile medical records of such an individual with the
military medical records of that individual who serves as a
member of the Armed Forces.
(2) The total number of cases where such juvenile medical
records were so combined with the military medical records of
the individual.
(3) The total number of cases where an individual was
either discharged, or was prevented from joining the Armed
Forces, because of the juvenile medical records of the
individual from when the individual was a dependent of a member
of the Armed Forces.
(4) The total number of cases where an individual was
granted a waiver preventing a discharge or being denied from
joining the Armed Forces as described in paragraph (3).
(5) Any actions the Secretary of Defense or a Secretary of
a military department has taken or plans to take to prevent a
discharge or being denied from joining the Armed Forces as
described in paragraph (3).
SEC. 750C. BRIEFING ON EXTENSION OF TRICARE PRIME TO ELIGIBLE
BENEFICIARIES IN PUERTO RICO AND OTHER UNITED STATES
TERRITORIES.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the feasibility,
benefits, and costs of extending eligibility to enroll in TRICARE Prime
to eligible beneficiaries who reside in Puerto Rico and other United
States territories.
(b) Elements.--The briefing under subsection (a) shall provide an
assessment specifically tailored to each United States territory and
include, at a minimum--
(1) a description and update of the findings contained in
the 2019 Department of Defense report on the feasibility and
effect of extending TRICARE Prime to eligible beneficiaries
residing in Puerto Rico, as required by the conference report
accompanying the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232);
(2) an assessment of whether otherwise eligible
beneficiaries residing in Puerto Rico and other United States
territories have access to health care that is equivalent, with
respect to both quality and cost, to the care available to
their counterparts residing in the States and the District of
Columbia;
(3) an assessment of the feasibility, benefits, beneficiary
satisfaction and costs of extending TRICARE Prime to some, but
not all, categories of beneficiaries residing in Puerto Rico
and other United States territories; and
(4) an assessment of opportunities to partner with other
Federal health care systems to support resources and share
costs and services in extending TRICARE Prime in Puerto Rico
and the other United States territories.
(c) Other United States Territories Defined.--In this section, the
term ``other United States territories'' means American Samoa, Guam,
the Northern Mariana Islands, and the United States Virgin Islands.
SEC. 750D. FUNDING FOR POST-TRAUMATIC STRESS DISORDER.
(a) Funding.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding table in such division, is hereby increased by
$2,500,000 for post-traumatic stress disorder.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, Defense-wide, as specified in the
corresponding funding table in section 4301, for Operation and
Maintenance, Defense-wide is hereby reduced by $2,500,000.
SEC. 750E. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE NEGATIVE
BREAST CANCER.
(a) In General.--The Office of Health of the Department of Defense
shall work in collaboration with the National Institutes of Health to--
(1) identify specific genetic and molecular targets and
biomarkers for triple negative breast cancer; and
(2) provide information useful in biomarker selection, drug
discovery, and clinical trials design that will enable both--
(A) triple negative breast cancer patients to be
identified earlier in the progression of their disease;
and
(B) the development of multiple targeted therapies
for the disease.
(b) Funding.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding tables in division D, is hereby increased by
$10,000,000 to carry out subsection (a).
(c) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, Defense-wide, as specified in the
corresponding funding table in section 4301, for Operation and
Maintenance, Defense-wide is hereby reduced by $10,000,000.
SEC. 750F. STUDY ON READINESS CONTRACTS AND THE PREVENTION OF DRUG
SHORTAGES.
(a) Study.--The Secretary of Defense shall conduct a study on the
effectiveness of readiness contracts managed by the Customer Pharmacy
Operations Center of the Defense Logistics Agency in meeting the
military's drug supply needs. The study shall include an analysis of
how the contractual approach to manage drug shortages for military
health care can be a model for responding to drug shortages in the
civilian health care market in the United States.
(b) Consultation.--In conducting the study under subsection (a),
the Secretary of Defense shall consult with--
(1) the Secretary of Veterans Affairs;
(2) the Commissioner of Food and Drugs and the
Administrator of the Drug Enforcement Administration; and
(3) physician organizations, drug manufacturers, pharmacy
benefit management organizations, and such other entities as
the Secretary determines appropriate.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the results of the study under subsection (a) and any conclusions
and recommendations of the Secretary relating to such study.
SEC. 750G. FINDINGS AND SENSE OF CONGRESS ON MUSCULOSKELETAL INJURIES.
(a) Findings.--Congress finds the following:
(1) Musculoskeletal injuries among members of the Armed
Forces serving on active duty result in more than 10,000,000
limited-duty days each year and account for more than 70
percent of the medically non-deployable population.
(2) Extremity injury accounts for 79 percent of reported
trauma cases in theater and members of the Armed Forces
experience anterior cruciate ligament (ACL) injuries at 10
times the rate of the general population.
(b) Sense of Congress.--It is the sense of Congress that Congress--
(1) recognizes the important work of the Naval Advanced
Medical Research Unit in Wound Care Research; and
(2) encourages continued development of innovations for the
warfighter, especially regarding tendon and ligament injuries
that prevent return to duty for extended periods of time.
SEC. 750H. WOUNDED WARRIOR SERVICE DOG PROGRAM.
(a) Grants Authorized.--The Secretary of Defense shall establish a
program, to be known as the ``Wounded Warrior Service Dog Program'', to
award competitive grants to nonprofit organizations to assist such
organizations in the planning, designing, establishing, or operating
(or any combination thereof) of programs to provide assistance dogs to
covered members and veterans. The awarding of such grants is subject to
the availability of appropriations provided for such purpose.
(b) Use of Funds.--
(1) In general.--The recipient of a grant under this
section shall use the grant to carry out programs that provide
assistance dogs to covered members and veterans who have a
disability described in paragraph (2).
(2) Disability.--A disability described in this paragraph
is any of the following:
(A) Blindness or visual impairment.
(B) Loss of use of a limb, paralysis, or other
significant mobility issues.
(C) Loss of hearing.
(D) Traumatic brain injury.
(E) Post-traumatic stress disorder.
(F) Any other disability that the Secretary of
Defense considers appropriate.
(3) Timing of award.--The Secretary may not award a grant
under this section to reimburse a recipient for costs
previously incurred by the recipient in carrying out a program
to provide assistance dogs to covered members and veterans
unless the recipient elects for the award to be such a
reimbursement.
(c) Eligibility.--To be eligible to receive a grant under this
section, a nonprofit organization shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require. Such application shall include--
(1) a proposal for the evaluation required by subsection
(d); and
(2) a description of--
(A) the training that will be provided by the
organization to covered members and veterans;
(B) the training of dogs that will serve as
assistance dogs;
(C) the aftercare services that the organization
will provide for such dogs and covered members and
veterans;
(D) the plan for publicizing the availability of
such dogs through a targeted marketing campaign to
covered members and veterans;
(E) the recognized expertise of the organization in
breeding and training such dogs;
(F) the commitment of the organization to humane
standards for animals; and
(G) the experience of the organization with working
with military medical treatment facilities or medical
facilities of the Department of Veterans Affairs; and
(3) a statement certifying that the organization--
(A) is accredited by Assistance Dogs International,
the International Guide Dog Federation, or another
similar widely recognized accreditation organization
that the Secretary determines has accreditation
standards that meet or exceed the standards of
Assistance Dogs International and the International
Guide Dog Federation; or
(B) is a candidate for such accreditation or
otherwise meets or exceeds such standards, as
determined by the Secretary.
(d) Evaluation.--The Secretary shall require each recipient of a
grant to use a portion of the funds made available through the grant to
conduct an evaluation of the effectiveness of the activities carried
out through the grant by such recipient.
(e) Coordination.--The Secretary of Defense shall coordinate with
the Secretary of Veterans Affairs in awarding grants under this
section.
(f) Definitions.--In this section:
(1) Assistance dog.--The term ``assistance dog'' means a
dog specifically trained to perform physical tasks to mitigate
the effects of a disability described in subsection (b)(2),
except that the term does not include a dog specifically
trained for comfort or personal defense.
(2) Covered members and veterans.--The term ``covered
members and veterans'' means--
(A) with respect to a member of the Armed Forces,
such member who is--
(i) receiving medical treatment,
recuperation, or therapy under chapter 55 of
title 10, United States Code;
(ii) in medical hold or medical holdover
status; or
(iii) covered under section 1202 or 1205 of
title 10, United States Code; and
(B) with respect to a veteran, a veteran who is
enrolled in the health care system established under
section 1705(a) of title 38, United States Code.
SEC. 750I. SENSE OF CONGRESS REGARDING MATERNAL MORTALITY REVIEW.
It is the sense of Congress that--
(1) maternal Mortality, and the racial disparities in the
rates of pregnancy-related deaths in our country, presents a
challenge to our Nation that requires a strong and uniform
response across all parts of our society, including the
military;
(2) the Defense Department should be acknowledged for the
efforts it has begun to address concerns about maternal
mortality and severe morbidity among service members and
dependents;
(3) State maternal mortality review committees, which
involve a multidisciplinary group of experts including
physicians, epidemiologists, and others, have made significant
advancements in identifying, characterizing, and providing a
deeper understanding of the circumstances surrounding each
maternal death, which can be helpful in designing effective
public health responses to prevent future such deaths;
(4) key to the work of such review committees is
transparent, consistent, and comprehensive data collection
regarding maternal deaths, the use of effective methods to
ensure confidentiality protections and de-identification of any
information specific to a reviewed case, information sharing
with relevant stakeholders including access to the CDC's
National Death Index data and State death certificate data;
(5) the Defense Department is encouraged to continue to
work to establish a maternal mortality review committee which
would conduct reviews of each death of a service member or
dependent during pregnancy or childbirth involving a
multidisciplinary group of experts including physicians,
epidemiologists, patient advocates, civilians with experience
with maternal mortality review committees and reviews of
maternal mortality records, and other experts;
(6) the Department should keep Congress regularly updated
and informed, through reports and briefings on its efforts to
set up the committee referenced in paragraph (5), any barriers
to establishing such committee, and its overall efforts to
address maternal mortality among service members and
dependents, including its efforts to participate in the
Alliance for Innovation on Maternal program or similar maternal
health quality improvement initiatives.
SEC. 750J. REPORT ON LAPSES IN TRICARE COVERAGE FOR MEMBERS OF THE
NATIONAL GUARD AND RESERVE COMPONENTS.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the appropriate congressional committees a report containing an
analysis of each of the following:
(1) Any lapses in coverage under the TRICARE program for a
member of a reserve component that occurred during the 8-year
period ending on the date of the enactment of this Act and were
caused by a change in the duty status of such member, including
an identification of the total number of such lapses.
(2) The factors contributing to any such lapses,
including--
(A) technological factors, including factors
relating to outdated systems;
(B) human errors in processing changes in duty
status; and
(C) shortages in the level of administrative
staffing of the National Guard.
(3) How factors contributing to any such lapses were
identified under paragraph (2) and whether actions have been
taken to address the factors.
(4) The effect of any such lapses on--
(A) the delivery of health care benefits to members
of the reserve components and the eligible dependents
of such members; or
(B) force readiness and force retention.
(5) The parties responsible for identifying and
communicating to a member of a reserve component issues
relating to eligibility under the TRICARE program.
(6) The methods by which a member of a reserve component,
an eligible dependent of such member, or the Secretary of
Defense may verify the status of enrollment in the TRICARE
program regarding the member before, during, and after a
deployment of the member.
(7) The comparative effectiveness, with respect to the
delivery of health care benefits to a member of a reserve
component and eligible dependents of such member, of--
(A) continuing the current process by which a
previously eligible member must transition from
coverage under TRICARE Reserve Select to coverage under
TRICARE Prime after a change to active service in the
duty status of such member; and
(B) establishing a new process by which a
previously eligible member may remain covered by
TRICARE Reserve Select after a change to active service
in the duty status of such member (whether by allowing
a previously eligible member to pay a premium for such
coverage or by requiring the Federal Government to
provide for such coverage).
(8) Whether the current process referred to in paragraph
(7)(A) negatively affects the delivery of health care benefits
as a result of transitions between network providers.
(9) The actions necessary to prevent future occurrences of
such lapses, including legislative actions.
(b) Definitions.--In this section:
(1) The term ``active service'' has the meaning given that
term in section 101(d) of title 10, United States Code.
(2) The term ``appropriate congressional committees'' means
the congressional defense committees (as defined in section
101(a) of title 10, United States Code) and the Committees on
Veterans' Affairs of the House of Representatives and the
Senate.
(3) The term ``eligible dependent'' means a dependent of a
member of a reserve component--
(A) described in subparagraph (A), (D), or (I) of
section 1072(2) of title 10, United States Code; and
(B) eligible for coverage under the TRICARE
Program.
(4) The term ``previously eligible member'' means a member
of a reserve component who was eligible for coverage under
TRICARE Reserve Select pursuant to section 1076d of title 10,
United States Code, prior to a change to active service in the
duty status of such member.
(5) The terms ``TRICARE Prime'' and ``TRICARE program''
have the meanings given those terms in section 1072 of title
10, United States Code.
(6) The term ``TRICARE Reserve Select'' has the meaning
given that term in section 1076d(f) of title 10, United States
Code.
SEC. 750K. STUDY AND REPORT ON INCREASING TELEHEALTH SERVICES ACROSS
ARMED FORCES.
(a) Study.--The Secretary of Defense shall conduct a study that
reviews, identifies, and evaluates the technology approaches, policies,
and concepts of operations of telehealth and telemedicine programs
across all military departments. The study shall include:
(1) Identification and evaluation of limitations and
vulnerabilities of healthcare and medicine capabilities as they
relate to telemedicine.
(2) Identification and evaluation of essential technologies
needed to achieve documented goals and capabilities of
telehealth and associated technologies required to support
sustainability.
(3) Development of a technology maturation roadmap,
including an estimated funding profile over time, needed to
achieve an effective operational telehealth usage that
describes both the critical and associated supporting
technologies, systems integration, prototyping and
experimentation, and test and evaluation.
(4) An analysis of telehealth programs, such as remote
diagnostic testing and evaluation tools that contribute to the
medical readiness of military medical providers.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Congressional
defense committees the study conducted under subsection (a).
SEC. 750L. STUDY ON JOINT DEPLOYMENT FORMULARY.
(a) Study.--Not later than 270 days after the date of the enactment
of this Act, the Secretary of Defense, in consultation with the
Secretary of Health and Human Services, the Commissioner of Food and
Drugs, and the heads of other departments and agencies of the Federal
Government that the Secretary of Defense determines appropriate, shall
submit to the appropriate congressional committees a report containing
a study on the joint deployment formulary.
(b) Elements.--The study under subsection (a) shall include--
(1) a list of the drugs and vaccines on the joint
deployment formulary;
(2) an identification of the active pharmaceutical
ingredients of such drugs and vaccines and the components of
such active pharmaceutical ingredients;
(3) the country of origin of--
(A) the active pharmaceutical ingredients;
(B) the components of such ingredients; and
(C) the source materials of such ingredients and
components;
(4) a list of each manufacturer of such drugs and vaccines
that is owned, in whole or in part, by a foreign entity,
including--
(A) identification of each such foreign entity; and
(B) the percentage of such ownership by each such
foreign entity;
(5) identification of any barriers, limitations, or
constraints that may inhibit the ability of the Department of
Defense to procure and sustain its supply of drugs and
vaccines, including with respect to--
(A) the Federal Acquisition Regulation;
(B) applicable laws and regulations of the Federal
Government; and
(C) whether the raw materials can be found in the
United States;
(6) an identification of military partners and allies of
the United States who could help manufacture such components
and materials;
(7) an assessment of the steps the Secretary of Defense is
currently taking to mitigate any shortages of critical drugs
and vaccines on the joint deployment formulary;
(8) a description of how the Secretary of Defense
coordinates with the Secretary of Health and Human Services,
the Commissioner of Food and Drugs, the Secretary of Commerce,
the Secretary of Veterans Affairs, and other applicable heads
of departments and agencies of the Federal Government; and
(9) if the Secretary is unable to provide any of the
information under paragraphs (1) through (8), identification of
any barriers in providing such information.
(c) Form.--
(1) In general.--The report submitted under subsection (a)
shall be submitted in classified form and shall include an
unclassified summary.
(2) Protection of information.--The Secretary of Defense--
(A) shall ensure that the unclassified summary
described in paragraph (1) protects proprietary
information pursuant to the Federal Acquisition
Regulation and the Defense Federal Acquisition
Regulation; and
(B) may not disclose in such unclassified summary
any information that is a trade secret under section
552(b)(4) of title 5, United States Code, or
confidential information under section 1905 of title
18, United States Code.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate; and
(3) any other committee of Congress the Secretary of
Defense determines appropriate.
Subtitle E--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components
SEC. 751. SHORT TITLE.
This subtitle may be cited as the ``Care and Readiness Enhancement
for Reservists Act of 2020'' or the ``CARE for Reservists Act of
2020''.
SEC. 752. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND
RELATED OUTPATIENT SERVICES FROM DEPARTMENT OF VETERANS
AFFAIRS TO INCLUDE MEMBERS OF RESERVE COMPONENTS OF THE
ARMED FORCES.
(a) Readjustment Counseling.--Subsection (a)(1) of section 1712A of
title 38, United States Code, is amended by adding at the end the
following new subparagraph:
``(D)(i) The Secretary, in consultation with the Secretary of
Defense, may furnish to any member of the reserve components of the
Armed Forces who has a behavioral health condition or psychological
trauma, counseling under subparagraph (A)(i), which may include a
comprehensive individual assessment under subparagraph (B)(i).
``(ii) A member of the reserve components of the Armed Forces
described in clause (i) shall not be required to obtain a referral
before being furnished counseling or an assessment under this
subparagraph.''.
(b) Outpatient Services.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) by inserting ``to an individual'' after ``If,
on the basis of the assessment furnished''; and
(B) by striking ``veteran'' each place it appears
and inserting ``individual''; and
(2) in paragraph (2), by striking ``veteran'' and inserting
``individual''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment of
this Act.
SEC. 753. PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT OF
VETERANS AFFAIRS TO MEMBERS OF RESERVE COMPONENTS OF THE
ARMED FORCES.
(a) In General.--Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1789. Mental health services for members of the reserve
components of the Armed Forces
``The Secretary, in consultation with the Secretary of Defense, may
furnish mental health services to members of the reserve components of
the Armed Forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1788 the following new item:
``1789. Mental health services for members of the reserve components of
the Armed Forces.''.
SEC. 754. INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN MENTAL HEALTH
PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Suicide Prevention Program.--
(1) In general.--Section 1720F of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(l)(1) Covered Individual Defined.--In this section, the term
`covered individual' means a veteran or a member of the reserve
components of the Armed Forces.
``(2) In determining coverage of members of the reserve components
of the Armed Forces under the comprehensive program, the Secretary
shall consult with the Secretary of Defense.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (a), by striking ``veterans'' and
inserting ``covered individuals'';
(B) in subsection (b), by striking ``veterans''
each place it appears and inserting ``covered
individuals'';
(C) in subsection (c)--
(i) in the subsection heading, by striking
``of Veterans'';
(ii) by striking ``veterans'' each place it
appears and inserting ``covered individuals'';
and
(iii) by striking ``veteran'' and inserting
``individual'';
(D) in subsection (d), by striking ``to veterans''
each place it appears and inserting ``to covered
individuals'';
(E) in subsection (e), in the matter preceding
paragraph (1), by striking ``veterans'' and inserting
``covered individuals'';
(F) in subsection (f)--
(i) in the first sentence, by striking
``veterans'' and inserting ``covered
individuals''; and
(ii) in the second sentence, by inserting
``or members'' after ``veterans'';
(G) in subsection (g), by striking ``veterans'' and
inserting ``covered individuals'';
(H) in subsection (h), by striking ``veterans'' and
inserting ``covered individuals'';
(I) in subsection (i)--
(i) in the subsection heading, by striking
``for Veterans and Families'';
(ii) in the matter preceding paragraph (1),
by striking ``veterans and the families of
veterans'' and inserting ``covered individuals
and the families of covered individuals'';
(iii) in paragraph (2), by striking
``veterans'' and inserting ``covered
individuals''; and
(iv) in paragraph (4), by striking
``veterans'' each place it appears and
inserting ``covered individuals'';
(J) in subsection (j)--
(i) in paragraph (1), by striking
``veterans'' each place it appears and
inserting ``covered individuals''; and
(ii) in paragraph (4)--
(I) in subparagraph (A), in the
matter preceding clause (i), by
striking ``women veterans'' and
inserting ``covered individuals who are
women'';
(II) in subparagraph (B), by
striking ``women veterans who'' and
inserting ``covered individuals who are
women and''; and
(III) in subparagraph (C), by
striking ``women veterans'' and
inserting ``covered individuals who are
women''; and
(K) in subsection (k), by striking ``veterans'' and
inserting ``covered individuals''.
(3) Clerical amendments.--
(A) In general.--Such section is further amended,
in the section heading, by inserting ``and members of
the reserve components of the Armed Forces'' after
``veterans''.
(B) Table of sections.--The table of sections at
the beginning of such subchapter is amended by striking
the item relating to section 1720F and inserting the
following new item:
``1720F. Comprehensive program for suicide prevention among veterans
and members of the reserve components of
the Armed Forces.''.
(b) Mental Health Treatment for Individuals Who Served in
Classified Missions.--
(1) In general.--Section 1720H of such title is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``eligible
veteran'' and inserting ``eligible
individual''; and
(II) by striking ``the veteran''
and inserting ``the individual''; and
(ii) in paragraph (3), by striking
``eligible veterans'' and inserting ``eligible
individuals'';
(B) in subsection (b)--
(i) by striking ``a veteran'' and inserting
``an individual''; and
(ii) by striking ``eligible veteran'' and
inserting ``eligible individual''; and
(C) in subsection (c)--
(i) in paragraph (2), in the matter
preceding subparagraph (A), by striking ``The
term `eligible veteran' means a veteran'' and
inserting ``The term `eligible individual'
means a veteran or a member of the reserve
components of the Armed Forces''; and
(ii) in paragraph (3), by striking
``eligible veteran'' and inserting ``eligible
individual''.
(2) Clerical amendments.--
(A) In general.--Such section is further amended,
in the section heading, by inserting ``and members of
the reserve components of the Armed Forces'' after
``veterans''.
(B) Table of sections.--The table of sections at
the beginning of chapter 17 of such title is amended by
striking the item relating to section 1720H and
inserting the following new item:
``1720H. Mental health treatment for veterans and members of the
reserve components of the Armed Forces who
served in classified missions.''.
SEC. 755. REPORT ON MENTAL HEALTH AND RELATED SERVICES PROVIDED BY
DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE ARMED
FORCES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the congressional defense committees and the Committees on Veterans'
Affairs of the Senate and the House of Representatives a report that
includes an assessment of the following:
(1) The increase, as compared to the day before the date of
the enactment of this Act, of the number of members of the
Armed Forces that use readjustment counseling or outpatient
mental health care from the Department of Veterans Affairs,
disaggregated by State, Vet Center location, and clinical care
site of the Department, as appropriate.
(2) The number of members of the reserve components of the
Armed Forces receiving telemental health care from the
Department.
(3) The increase, as compared to the day before the date of
the enactment of this Act, of the annual cost associated with
readjustment counseling and outpatient mental health care
provided by the Department to members of the reserve components
of the Armed Forces.
(4) The changes, as compared to the day before the date of
the enactment of this Act, in staffing, training, organization,
and resources required for the Department to offer readjustment
counseling and outpatient mental health care to members of the
reserve components of the Armed Forces.
(5) Any challenges the Department has encountered in
providing readjustment counseling and outpatient mental health
care to members of the reserve components of the Armed Forces.
(b) Vet Center Defined.--In this section, the term ``Vet Center''
has the meaning given that term in section 1712A(h) of title 38, United
States Code.
SEC. 756. PILOT PROGRAM ON SLEEP APNEA AMONG NEW RECRUITS.
(a) Pilot Program.--The Secretary of Defense, acting through the
Defense Health Agency, shall carry out a pilot program to determine the
prevalence of sleep apnea among members of the Armed Forces assigned to
initial training.
(b) Participation.--
(1) Members.--The Secretary shall ensure that the number of
members who participate in the pilot program under subsection
(a) is sufficient to collect statistically significant data for
each military department.
(2) Special rule.--The Secretary may not disqualify a
member from service in the Armed Forces by reason of the member
being diagnosed with sleep apnea pursuant to the pilot program
under subsection (a).
(c) Process.--The Secretary shall carry out the pilot program by
testing members for sleep apnea using non-invasive methods over the
course of 2 consecutive nights that allow for 6 to 8 hours of sleep.
SEC. 757. REPORT ON RESEARCH AND STUDIES ON HEALTH EFFECTS OF BURN
PITS.
The Secretary of Defense shall submit to the congressional defense
committees and the Committees on Veterans' Affairs of the House of
Representatives and the Senate a detailed report on the status,
methodology, and culmination timeline of all the research and studies
being conducted to assess the health effects of burn pits. The report
shall include an identification of any challenges and potential
challenges with respect to completing such research and studies and
recommendations to address such challenges.
SEC. 758. MANDATORY TRAINING ON HEALTH EFFECTS OF BURN PITS.
The Secretary of Defense shall provide to each medical provider of
the Department of Defense mandatory training with respect to the
potential health effects of burn pits.
SEC. 759. INCLUSION OF INFORMATION ON EXPOSURE TO OPEN BURN PITS IN
POSTDEPLOYMENT HEALTH REASSESSMENTS.
(a) In General.--The Secretary of Defense shall include in
postdeployment health reassessments conducted under section 1074f of
title 10, United States Code, pursuant to a Department of Defense Form
2796, or successor form, an independent and conspicuous question
regarding exposure of members of the Armed Forces to open burn pits.
(b) Inclusion in Assessments by Military Departments.--The
Secretary of Defense shall ensure that the Secretary of each military
department includes a question regarding exposure of members of the
Armed Forces to open burn pits in any electronic postdeployment health
assessment conducted by that military department.
(c) Open Burn Pit Defined.--In this section, the term ``open burn
pit'' has the meaning given that term in section 201(c) of the
Dignified Burial and Other Veterans' Benefits Improvement Act of 2012
(Public Law 112-260; 38 U.S.C. 527 note).
SEC. 760. EXPANSION OF SCOPE OF DEPARTMENT OF VETERANS AFFAIRS OPEN
BURN PIT REGISTRY TO INCLUDE OPEN BURN PITS IN EGYPT AND
SYRIA.
Section 201(c)(2) of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note) is amended, in the matter before subparagraph (A), by striking
``or Iraq'' and inserting ``, Iraq, Egypt, or Syria''.
SEC. 761. PILOT PROGRAM ON TREATMENT OF CERTAIN MEMBERS OF THE ARMED
FORCES IMPACTED BY TRAUMATIC BRAIN INJURY AND OTHER
ASSOCIATED HEALTH FACTORS THAT INFLUENCE LONG-TERM BRAIN
HEALTH AND PERFORMANCE.
(a) Pilot Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense may
commence the conduct of a pilot program through the award of
grants to carry out a comprehensive brain health and treatment
program that provides coordinated, integrated,
multidisciplinary specialist evaluations, treatment initiation,
and aftercare coordination to members of the Army, Navy, Air
Force, Marine Corps, and Space Force impacted by traumatic
brain injury and other associated health factors that influence
long-term brain health and performance.
(2) Elements.--
(A) Evaluations.--Multidisciplinary specialist
evaluations under paragraph (1) shall include
evaluations in the following specialties:
(i) Brain injury medicine.
(ii) Neuropsychology.
(iii) Clinical psychology.
(iv) Psychiatry.
(v) Neuroendocrinology.
(vi) Sports medicine.
(vii) Muscular skeletal and vestibular
physical therapy.
(viii) Neuroimaging.
(ix) Hormonal evaluation.
(x) Metabolic testing.
(xi) Cardiovascular testing.
(xii) Cerebrovascular testing.
(B) Treatment.--Treatment under paragraph (1) shall
include the following:
(i) Headache treatment.
(ii) Sleep interventions and medication.
(iii) Injection-based therapies for
musculoskeletal pain.
(iv) Cognitive rehabilitation.
(v) Vestibular physical therapy.
(vi) Exercise programming.
(b) Eligible Individuals.--An individual is eligible to participate
in the pilot program under this section if the individual--
(1) is a member of the Army, Navy, Air Force, Marine Corps,
or Space Force who served on active duty; and
(2) experienced an incident for which treatment may be
sought under the pilot program while performing--
(A) active service; or
(B) active Guard and Reserve duty.
(c) Maximum Amount of Grants.--In accordance with the services
being provided under a grant under this section and the duration of
those services, the Secretary shall establish a maximum amount to be
awarded under the grant that is not greater than $750,000 per grantee
per fiscal year.
(d) Requirements for Receipt of Financial Assistance.--
(1) Notification that services are from department.--Each
entity receiving financial assistance under this section to
provide services to eligible individuals and their family shall
notify the recipients of such services that such services are
being paid for, in whole or in part, by the Department.
(2) Coordination with other services from department.--Each
entity receiving a grant under this section shall coordinate
with the Secretary with respect to the provision of clinical
services to eligible individuals in accordance with any other
provision of law regarding the delivery of healthcare under the
laws administered by the Secretary.
(3) Measurement and monitoring.--Each entity receiving a
grant under this section shall submit to the Secretary a
description of the tools and assessments the entity uses or
will use to determine the effectiveness of the services
furnished by the entity under this section, including the
effect of those services on--
(A) the financial stability of eligible individuals
receiving those services;
(B) the mental health status, well-being, and
suicide risk of those eligible individuals; and
(C) the social support of those eligible
individuals.
(4) Reports.--The Secretary--
(A) shall require each entity receiving financial
assistance under this section to submit to the
Secretary an annual report that describes the projects
carried out with such financial assistance during the
year covered by the report, including the number of
eligible individuals served;
(B) shall specify to each such entity the
evaluation criteria and data and information, which
shall include a mental health, well-being, and suicide
risk assessment of each eligible individual served, to
be submitted in such report; and
(C) may require such entities to submit to the
Secretary such additional reports as the Secretary
considers appropriate.
(e) Termination.--The Secretary may not conduct the pilot program
under this section after the date that is 3 years after the date of the
enactment of this Act.
(f) Report.--Not later than 180 days after the date on which the
pilot program under this section terminates, the Secretary shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report on the effectiveness of the pilot program.
(g) Definitions.--In this section, the terms ``active duty'',
``active Guard and Reserve duty'', and ``active service'' have the
meanings given those terms in section 101 of title 10, United States
Code.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. CONGRESSIONAL NOTIFICATION OF TERMINATION OF A MIDDLE TIER
ACQUISITION PROGRAM.
Section 804 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note), is amended by
adding at the end the following new subsection:
``(e) Report.--Not later than 30 days after the date of termination
of an acquisition program commenced using the authority under this
section, the Secretary of Defense shall submit to Congress a
notification of such termination. Such notice shall include--
``(1) the initial amount of a contract awarded under such
acquisition program;
``(2) the aggregate amount of funds awarded under such
contract; and
``(3) written documentation of the reason for termination
of such acquisition program.''.
SEC. 802. MODIFICATION TO THE DEFINITION OF NONTRADITIONAL DEFENSE
CONTRACTOR.
Section 2302(9) of title 10, United States Code, is amended to read
as follows:
``(9) the term `nontraditional defense contractor', with
respect to a procurement or with respect to a transaction
authorized under section 2371(a) or 2371b of this title,
means--
``(A) an entity that is not currently performing
and has not performed, for at least the one-year period
preceding the solicitation of sources by the Department
of Defense for the procurement or transaction, any
contract or subcontract for the Department of Defense
that is subject to full coverage under the cost
accounting standards prescribed pursuant to section
1502 of title 41 and the regulations implementing such
section; or
``(B) a corporation all of the stock of which is
owned by an employee stock ownership plan (as defined
in section 4975(e)(7) of the Internal Revenue Code of
1986).''.
SEC. 803. MAJOR WEAPON SYSTEMS: LIFE-CYCLE SUSTAINMENT PLAN.
(a) In General.--Chapter 139 of title 10, United States Code, is
amended by inserting after section 2366c the following new section:
``Sec. 2366d. Major weapon systems: life-cycle sustainment plans
``(a) Requirement.--Before granting Milestone C approval for a
major weapon system acquired pursuant to a major defense acquisition
program, the milestone decision authority for such program shall submit
to the Secretary a life-cycle sustainment plan.
``(b) Elements.--A life-cycle sustainment plan required under
subsection (a) shall include--
``(1) a sustainment plan that includes the product support
strategy, performance, and operation and support costs of the
major weapon system;
``(2) metrics to measure readiness and availability of the
major weapon system to perform its intended purpose or
function;
``(3) a schedule for the major maintenance and overhaul
activities that will be required during the life cycle of the
major weapon system; and
``(4) a sustainment baseline cost estimate for the planned
life cycle of the major weapon system that includes a technical
data and intellectual property management plan that clearly
delineates which subsystems of the major weapon system are
Government-owned or Government-required and which subsystems
are owned by a prime contractor or subcontractor (at any tier).
``(c) Review.--The Secretary of Defense shall review a life-cycle
sustainment plan submitted under subsection (a) 5 years after the
receipt of Milestone C approval described in such subsection, and every
10 years thereafter, to ensure that the major weapon system is cost
effective and is able to meet required metrics relating to readiness
and availability of such system.
``(d) Notification Requirements.--
``(1) In general.--Not later than 45 days after a
significant and critical breach of a sustainment baseline cost
estimate of a life-cycle sustainment plan for a major weapon
system acquired pursuant to a major defense acquisition
program, the Secretary of the military department that is
managing such program shall submit to the congressional defense
committees a notification of such breach.
``(2) Review.--Not later than 180 days after submitting a
notification under paragraph (1), such Secretary shall review
the sustainment costs of the major weapon system to which such
notification relates relative to the sustainment baseline cost
estimate.
``(3) Additional submission.--Such Secretary shall submit
to the congressional defense committees--
``(A) a certification that the review required
under paragraph (2) has been completed; and
``(B) a remediation plan or endorsement by such
Secretary that the sustainment cost growth is justified
and required for such Secretary to meet the
requirements related to the major defense acquisition
program.
``(e) Definitions.--In this section:
``(1) Major defense acquisition program.--The term `major
defense acquisition program' has the meaning given in section
2430 of this title.
``(2) Major weapon system.--The term `major weapon system'
has the meaning given in section 2379(f) of this title.
``(3) Milestone c approval.--The term `Milestone C
approval' means a decision to enter into production and
deployment pursuant to guidance prescribed by the Secretary of
Defense for the management of a major defense acquisition
program.
``(4) Sustainment baseline cost estimate.--The term
`sustainment baseline cost estimate' means the cost estimate
and schedule for a life-cycle sustainment plan required under
this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of title 10, United States Code, is amended by inserting
after the item relating to section 2366c the following new item:
``2366d. Major weapon systems: life-cycle sustainment plans.''.
SEC. 804. CONTRACTOR BUSINESS SYSTEMS.
Section 893 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 2302 note) is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``significant
deficiencies'' and inserting ``deficiencies and
material weaknesses'';
(B) in paragraph (4), by striking ``significant
deficiency'' and inserting ``material weakness''; and
(C) in paragraph (5)(A), by striking ``significant
deficiency'' and inserting ``material weakness'';
(2) in subsection (d)(1), by striking ``significant
deficiencies'' and inserting ``material weaknesses'';
(3) in subsection (g)--
(A) in paragraph (3), by striking ``significant
deficiency'' and inserting ``material weakness'';
(B) by striking paragraph (4);
(C) by redesignating paragraph (5) as paragraph
(4); and
(D) by adding at the end the following new
paragraph:
``(5) The term `material weakness' means a deficiency or
combination of deficiencies in the internal control of a
contractor business system used to comply with contracting
requirements of the Department of Defense, or other
shortcomings in such system, such that there is a reasonable
possibility that a material noncompliance with contracting
requirements will not be prevented, or detected and corrected,
on a timely basis.''.
SEC. 805. ACQUISITION AUTHORITY OF THE DIRECTOR OF THE JOINT ARTIFICIAL
INTELLIGENCE CENTER.
(a) Authority.--
(1) In general.--The Director of the Joint Artificial
Intelligence Center shall be responsible for, and shall have
the authority to conduct, the following covered activities:
(A) Development and acquisition of artificial
intelligence technologies, services, and capabilities.
(B) Sustainment of artificial intelligence
technologies, services, and capabilities.
(2) Acquisition functions.--Subject to the authority,
direction, and control of the Secretary of Defense, the
Director shall have authority to exercise the functions of a
head of an agency (as defined in section 2302 of title 10,
United States Code) with respect to a covered activity
described in paragraph (1).
(b) JAIC Acquisition Executive.--
(1) In general.--The staff of the Director shall include an
acquisition executive who shall be responsible for the
supervision of covered activities under subsection (a). The
acquisition executive shall have the authority--
(A) to negotiate memoranda of agreement with any
element of the Department of Defense to carry out the
acquisition of technologies, services, and capabilities
described in subsection (a)(1) on behalf of the Center;
(B) to supervise the acquisition of technologies,
services, and capabilities described in subsection
(a)(1);
(C) to represent the Center in discussions with
military departments regarding acquisition programs
relating to covered activities for which the Center is
involved; and
(D) to work with the military departments to ensure
that the Center is appropriately represented in any
joint working group or integrated product team
regarding acquisition programs relating to covered
activities for which the Center is involved.
(2) Delivery of acquisition solutions.--The acquisition
executive of the Center shall be--
(A) responsible to the Director for rapidly
delivering acquisition solutions to meet validated
artificial intelligence requirements;
(B) subordinate to the Under Secretary of Defense
for Acquisition and Sustainment in matters of
acquisition;
(C) subject to the same oversight as the service
acquisition executives; and
(D) included on the distribution list for
acquisition directives and instructions of the
Department of Defense.
(c) Acquisition Personnel.--
(1) In general.--The Secretary of Defense shall provide the
Center with ten full-time employees to support the Director in
carrying out the requirements of this section. Such employees
shall have experience in--
(A) program acquisition;
(B) the Joint Capabilities Integration and
Development System process;
(C) program management;
(D) system engineering; and
(E) cost analysis.
(2) Existing personnel.--The personnel provided under this
subsection shall be provided from among the existing personnel
of the Department of Defense.
(d) Budget.--Any budget proposal of the Center for funding for any
covered activity described under subsection (a) shall be disaggregated
by the amount requested for each covered activity.
(e) Funding.--In exercising the authority granted in subsection
(a), the Director may not obligate or expend more than $150,000,000 out
of the funds made available in each of fiscal years 2021, 2022, 2023,
2024, and 2025 to enter into new contracts to support covered
activities carried out under this section.
(f) Implementation Plan Required.--
(1) In general.--The Secretary of Defense may use the
authority granted under subsection (a) 30 days after the date
on which the Secretary provides to the congressional defense
committees a plan for implementation such authority. The plan
shall include the following:
(A) A Department of Defense-wide definition of
artificial intelligence technologies, services, and
capabilities.
(B) Summaries of the components to be negotiated in
any memoranda of agreement with an element of the
Department of Defense to carry out covered activities
described under subsection (a).
(C) Timelines for the negotiation and approval of
any such memorandum of agreement.
(D) Plan for oversight of the position of
acquisition executive established in subsection (b).
(E) Assessment of the acquisition workforce needs
of the Center to support the authority in subsection
(a) until September 30, 2025.
(F) Other matters as appropriate.
(2) Relationship to other authorities.--The requirement to
submit a plan under this subsection is in addition to the
requirements under section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1293).
(g) Sunset.--Effective October 1, 2025, the Director may not
exercise the authority under subsection (a) and may not enter into any
new contracts under this section. The performance on any contract
entered into before such date may continue according to the terms of
such contract.
(h) Definitions.--In this section:
(1) Center.--The term ``Center'' means the Joint Artificial
Intelligence Center of the Department of Defense established
pursuant to the memorandum of the Secretary of Defense dated
June 27, 2018, and titled ``Establishment of the Joint
Artificial Intelligence Center'', or any successor to such
Center.
(2) Covered activity.--The term ``covered activity''--
(A) means an acquisition activity conducted using
the authority under this section; and
(B) does not include--
(i) a major defense acquisition program (as
defined in section 2430 of title 10, United
States Code); or
(ii) a procurement of technologies related
to artificial intelligence, if the duration of
such procurement is expected to be greater than
five years.
(3) Director.--The term ``Director'' means the Director of
the Center.
(4) Element.--The term ``element'' means an element
described under section 111(b) of title 10, United States Code.
(5) Military departments.--The term ``military
departments'' has the meaning given in section 101(8) of title
10, United States Code.
(6) Service acquisition executive.--The term ``service
acquisition executive'' has the meaning given in section
101(10) of title 10, United States Code.
SEC. 806. REFORMING THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall take such action as
necessary to reform the Department of Defense to provide more
effective, efficient, and economical administration and operation, and
to eliminate duplication.
(b) National Defense Strategy.--Each national defense strategy
required by section 113(g) of title 10, United States Code, shall
include a description of the reform efforts described under subsection
(a).
(c) Defense Planning Guidance.--The annual Defense Planning
Guidance (as described in section 113(g)(2)(A) of title 10, United
States Code) shall include an explanation of how the Department of
Defense will carry out the reform efforts described under subsection
(a).
(d) Defense Authorization Request.--The Secretary of Defense shall
include in the annual defense authorization request (as defined in
section 113a of title 10, United States Code) a description of the
savings from implementing the reform efforts described under subsection
(a). Such description--
(1) shall be set forth separately from requested amounts;
(2) may not include savings relating to the deferment of
requirements or taking of risk;
(3) shall be identified across the future-years defense
plan; and
(4) shall provide a comparison with the savings in the
annual defense authorization request from the prior year.
(e) Policy.--The Secretary of Defense shall develop a policy and
issue guidance to implement reform within the Department of Defense in
order to provide more effective, efficient, and economical
administration and operations, and to eliminate duplication.
(f) Report.--The Secretary of Defense shall report annually to
Congress on the expenditures, work, and accomplishments of the
Department of Defense during the period covered by the report, together
with a report on the reform efforts described under subsection (a).
(g) Military Departments.--Each Secretary of a military department
shall--
(1) take such action as necessary to reform the military
department to provide more effective, efficient, and economical
administration and operations, and to eliminate duplication;
and
(2) develop a policy and issue guidance to implement reform
within the military department in order to provide more
effective, efficient, and economical administration and
operations, and to eliminate duplication.
(h) Combatant Commands.--Each commander of a combatant command
shall provide the Secretary of Defense with recommendations to reform
the combatant command of such commander to provide more effective,
efficient, and economical administration and operations, and to
eliminate duplication.
SEC. 807. ALTERNATIVE SPACE ACQUISITION SYSTEM FOR THE UNITED STATES
SPACE FORCE.
(a) Milestone Decision Authority for Major Defense Acquisition
Programs and Major Systems.--
(1) Program executive officer.--The Secretary of the Air
Force may assign an appropriate program executive officer as
the milestone decision authority for major defense acquisition
programs of the United States Space Force.
(2) Program manager.--The program executive officer
assigned under paragraph (1) may delegate authority over major
systems to an appropriate program manager.
(b) Alternative Space Acquisition System.--
(1) In general.--The Secretary of Defense shall take such
actions necessary to develop an acquisition pathway within the
Department of Defense to be known as the ``Alternative Space
Acquisition System'' that is specifically tailored for space
systems and programs in order to achieve faster acquisition and
more rapid fielding of critical systems (including by using new
commercial capabilities and services), while maintaining
accountability for effective programs that are delivered on
time and on budget.
(2) Goal.--The goal of the Alternative Space Acquisition
System shall be to quickly and effectively acquire space
warfighting capabilities needed to address the requirements of
the national defense strategy (as defined under section 113(g)
of title 10, United States Code).
(3) Report.--Not later than January 15, 2021, the Secretary
of Defense shall submit to the congressional defense committees
a report on the Alternative Space Acquisition System that
includes the following:
(A) Proposed United States Space Force budget line
items for fiscal year 2022, including--
(i) a comparison with budget line items for
major defense acquisition programs and major
systems of the United States Space Force for
three previous fiscal years; and
(ii) measures to ensure sufficient
transparency related to the performance of the
Alternative Space Acquisition System and
opportunities to oversee funding priorities for
the Alternative Space Acquisition System.
(B) Proposed revised, flexible, and streamlined
options for joint requirements validation in order to
be more responsive and innovative, while ensuring the
ability of the Joint Chiefs of Staff to ensure top-
level system requirements are properly prioritized to
address joint warfighting needs.
(C) A list of acquisition programs of the United
States Space Force for which multiyear procurement
authorities are recommended.
(D) A list of space acquisition programs that may
be able to use existing alternative acquisition
pathways.
(E) Policies for a new Alternative Space
Acquisition System with specific acquisition key
decision points and reporting requirements for
development, fielding, and sustainment activities that
meets the requirements of the adaptive acquisition
framework (as described in Department of Defense
Instruction 5000.02, ``Operation of the Adaptive
Acquisition Framework'').
(F) Updated determination authority for procurement
of useable end items that are not weapon systems.
(G) Policies and a governance structure for a
separate United States Space Force budget topline,
corporate process, and portfolio management process.
(H) An analysis of the risks and benefits of the
delegation of the authority of the head of contracting
activity authority to the Chief of Space Operations in
a manner that would not expand the operations of the
United States Space Force.
(c) Comptroller General Review.--Not later than 60 days after the
submission of the report required under subsection (b)(3), the
Comptroller General of the United States shall review such report and
submit to the congressional defense committees an analysis and
recommendations based on such report.
(d) Definitions.--In this section:
(1) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning given in section
2430 of title 10, United States Code.
(2) Major system.--The term ``major system'' has the
meaning given in section 2302 of title 10, United States Code.
(3) Milestone decision authority.--The term ``milestone
decision authority'' has the meaning given in section 2431a of
title 10, United States Code.
(4) Program executive officer; program manager.--The terms
``program executive officer'' and ``program manager'' have the
meanings given those terms, respectively, in section 1737 of
title 10, United States Code.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. SUSTAINMENT REFORM FOR THE DEPARTMENT OF DEFENSE.
(a) Sustainment Activities in the National Defense Strategy.--
(1) In general.--Section 113(g)(1)(B) of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(vii) A strategic framework prescribed by
the Secretary that guides how the Department
will prioritize and integrate activities
relating to sustainment of major defense
acquisition programs, core logistics
capabilities (as described under section 2464
of this title), and the national technology and
industrial base (as defined in section 2500 of
this title).''.
(2) Duties of the under secretary of defense for
acquisition and sustainment.--Section 133b(b) of title 10,
United States Code, is amended--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(9) advising the Secretary on all aspects of acquisition
and sustainment relating to--
``(A) major defense acquisition programs;
``(B) core logistics capabilities (as described
under section 2464 of this title);
``(C) the national technology and industrial base
(as defined in section 2500 of this title); and
``(D) the development of the strategic framework
described in section 113(g)(1)(B)(vii) of this
title.''.
(3) Interim guidance.--Not later than October 1, 2021, the
Secretary of Defense shall publish interim guidance to carry
out the requirements of this subsection.
(b) Report.--Not later than February 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees a report
on the progress towards publishing the interim guidance required under
subsection (a)(3).
SEC. 812. MODIFICATIONS TO COMPTROLLER GENERAL ASSESSMENT OF
ACQUISITION PROGRAMS AND RELATED INITIATIVES.
Section 2229b(b)(2) of title 10, United States Code, is amended by
striking ``a summary of'' and all that follows through ``discussion of
the'' and inserting ``a discussion of selected organizational, policy,
and legislative changes, as determined appropriate by the Comptroller
General, and the potential''.
SEC. 813. CONTRACTOR WHISTLEBLOWER PROTECTIONS RELATING TO
NONDISCLOSURE AGREEMENTS.
(a) Department of Defense Contractors.--
(1) In general.--Section 2409(a) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) This section applies to any disclosure made by an employee of
a contractor, subcontractor, grantee, or subgrantee or personal
services contractor whether or not such employee has signed, or is
subject to, a nondisclosure policy, form, or agreement with such
contractor, subcontractor, grantee, or subgrantee or personal services
contractor.''.
(2) Notification of employees.--Section 2409(d) of title
10, United States Code, is amended--
(A) by striking ``inform'' and inserting ``submit
to the Secretary or Administrator (as applicable) a
certification stating that such contractor or
subcontrator has informed''; and
(B) by inserting ``(including the applicability of
such rights and remedies if such an employee has
signed, or is subject to, a nondisclosure policy, form,
or agreement)'' after ``under this section''.
(3) Application.--With respect to a nondisclosure policy,
form, or agreement between a covered contractor and a covered
employee that was in effect before the effective date of this
Act, paragraph (4) of section 2409(a) of title 10, United
States Code, as added by paragraph (1), shall apply if a
covered contractor has provided notice to a covered employee of
the rights and remedies of the covered employee relating to a
nondisclosure policy, form, or agreement under section 2409(d)
of such title, as amended by paragraph (2).
(4) Website update.--The Inspector General of the
Department of Defense and the Inspector General of the National
Aeronautics and Space Administration shall update any relevant
websites to include information about this subsection and the
amendments made by this subsection.
(5) Definitions.--In this subsection:
(A) Covered contractor.--The term ``covered
contractor'' means a contractor, grantee, or personal
services contractor of the Department of Defense or the
National Aeronautics and Space Administration.
(B) Covered employee.--The term ``covered
employee'' means an employee of a covered contractor or
a subcontractor or subgrantee of a covered contractor.
(b) Other Government Contractors.--
(1) In general.--Section 4712(a) of title 41, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Effect of a nondisclosure policy, form, or
agreement.--This section applies to any disclosure made by an
employee of a contractor, subcontractor, grantee, or subgrantee
or personal services contractor whether or not such employee
has signed, or is subject to, a nondisclosure policy, form, or
agreement with such contractor, subcontractor, grantee, or
subgrantee or personal services contractor.''.
(2) Notification of employees.--Section 4712(d) of title
41, United States Code, is amended--
(A) by striking ``inform'' and inserting ``submit
to the applicable head of each executive agency a
certification stating that such contractor or
subcontractor has informed''; and
(B) by inserting ``(including the applicability of
such rights and remedies if such an employee has
signed, or is subject to, a nondisclosure policy, form,
or agreement)'' after ``under this section''.
(3) Application.--With respect to a nondisclosure policy,
form, or agreement between a covered contractor and a covered
employee that was in effect before the effective date of this
Act, paragraph (4) of section 4712(a) of title 41, United
States Code, as added by paragraph (1), shall apply if a
covered contractor has provided notice to a covered employee of
the rights and remedies of the covered employee relating to a
nondisclosure policy, form, or agreement under section 4712(d)
of such title, as amended by paragraph (2).
(4) Website update.--Each Inspector General (as defined in
section 4712(g) of title 41, United States Code) shall update
any relevant websites to include information about this
subsection and the amendments made by this subsection.
(5) Definitions.--In this subsection:
(A) Covered contractor.--The term ``covered
contractor'' means a contractor, grantee, or personal
services contractor for a Federal contract or grant (as
defined for purposes of division C of title 41).
(B) Covered employee.--The term ``covered
employee'' means an employee of a covered contractor or
a subcontractor (at any tier) or subgrantee (at any
tier) of a covered contractor.
(c) Notification and Remedies.--
(1) Notification.--A covered contractor shall inform the
contracting officer responsible for any contracts of such
covered contractor--
(A) if a person engaged in the performance of any
such contract has been subjected to a reprisal
prohibited by section 2409(a) of title 10, United
States Code, or section 4712(a) of title 41, United
States Code, where such reprisal has been
substantiated;
(B) any investigation of a complaint relating to
any such contract conducted by an Inspector General
pursuant to section 2409(b) of title 10, United States
Code, or section 4712(b) of title 41, United States
Code; and
(C) any action taken by a covered contractor or a
covered employee for any such contract to address a
substantiated reprisal described in subparagraph (A).
(2) Remedies.--In addition to other remedies available, if
a covered contractor fails to comply with the requirements of
paragraph (1), the relevant head of a Federal agency may--
(A) require the covered contractor to prohibit a
covered employee from performing a contract if such
covered employee has violated section 2409(a) of title
10, United States Code, or section 4712(a) of title 41,
United States Code;
(B) require the covered contractor to terminate a
subcontract if the subcontractor for such subcontract
has violated such sections;
(C) suspend payments to a covered contractor until
such covered contractor has taken appropriate remedial
action.
(3) Definitions.--In this subsection:
(A) Covered contractor.--The term ``covered
contractor'' means--
(i) with respect to a contract of the
Department of Defense or the National
Aeronautics and Space Administration, a
contractor, grantee, or personal services
contractor; and
(ii) with respect to a Federal contract or
grant (as defined for purposes of division C of
title 41), a contractor, grantee, or personal
services contractor for such a Federal contract
or grant.
(B) Covered employee.--The term ``covered
employee'' means an employee of a covered contractor or
a subcontractor (at any tier) or subgrantee (at any
tier) of a covered contractor.
(d) Training.--The Administrator of the Office of Federal
Procurement Policy shall update any required training for Federal
employees responsible for contract oversight relating to--
(1) contracting certification requirements;
(2) processes for receiving a complaint from a person
alleging discrimination as a reprisal for disclosing
information under section 2409(a) of title 10, United States
Code, or section 4712(a) of title 41, United States Code; and
(3) prohibitions on contracting with entities that require
confidentiality agreements.
(e) Clarification of Whistleblower Protection for Subcontractors
and Subgrantees.--
(1) Department of defense contractors.--Section 2409 of
title 10, United States Code, is amended--
(A) in subsection (a)(2)(G), by striking ``or
subcontractor'' and inserting ``subcontractor, grantee,
or subgrantee'';
(B) in subsection (b)(1), by striking ``to the
person'' and all that follows through the period at the
end and inserting ``to--
``(A) the person;
``(B) the contractor, subcontractor, grantee, or subgrantee
concerned; and
``(C) the head of the agency.'';
(C) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking
``contractor'' and inserting
``contractor, subcontractor, grantee,
or subgrantee''; and
(II) in subparagraphs (A), (B), and
(C), by striking ``contractor'' and
inserting ``contractor, subcontractor,
grantee, or subgrantee concerned''; and
(ii) in paragraph (2), by striking
``contractor'' and inserting ``contractor,
subcontractor, grantee, or subgrantee (as
applicable)'';
(D) in subsection (d), by striking ``and
subcontractors'' and inserting ``subcontractors,
grantees, and subgrantees''; and
(E) in subsection (g), by adding at the end the
following new paragraphs:
``(8) The term `subgrantee' includes a subgrantee at any
tier.
``(9) The term `subcontractor' includes a subcontractor at
any tier.''.
(2) Other government contractors.--Section 4712 of title
41, United States Code, is amended--
(A) in subsection (a)(2)(G), by striking ``or
grantee'' and inserting ``grantee, or subgrantee'';
(B) in subsection (b)(1), by striking ``to the
person'' and all that follows through the period at the
end and inserting ``to--
``(A) the person;
``(B) the contractor, subcontractor, grantee, or
subgrantee concerned; and
``(C) the head of the agency.'';
(C) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking
``contractor or grantee'' and inserting
``contractor, subcontractor, grantee,
or subgrantee''; and
(II) in subparagraphs (A), (B), and
(C), by striking ``contractor or
grantee'' and inserting ``contractor,
subcontractor, grantee, or subgrantee
concerned''; and
(ii) in paragraph (2), by striking
``contractor or grantee'' and inserting
``contractor, subcontractor, grantee, or
subgrantee (as applicable)'';
(D) in subsection (d), by striking ``and grantees''
and inserting ``grantees, and subgrantees''; and
(E) in subsection (g), by adding at the end the
following new paragraphs:
``(3) The term `subgrantee' includes a subgrantee at any
tier.
``(4) The term `subcontractor' includes a subcontractor at
any tier.''.
SEC. 814. COMPETITION REQUIREMENTS FOR PURCHASES FROM FEDERAL PRISON
INDUSTRIES.
(a) Competition Requirements for Purchases From Federal Prison
Industries.--Subsections (a) and (b) of section 2410n of title 10,
United States Code, are amended to read as follows:
``(a) Market Research.--Before purchasing a product listed in the
latest edition of the Federal Prison Industries catalog published under
section 4124(d) of title 18, the Secretary of Defense shall conduct
market research to determine whether such product--
``(1) is comparable to products available from the private
sector; and
``(2) best meets the needs of the Department of Defense in
terms of price, quality, and time of delivery.
``(b) Competition Requirement.--If the Secretary determines that a
Federal Prison Industries product is not comparable to products
available from the private sector and does not best meet the needs of
the Department of Defense in terms of price, quality, or time of
delivery, the Secretary shall use competitive procedures or make an
individual purchase under a multiple award contract for the procurement
of the product. In conducting such a competition or making such a
purchase, the Secretary shall consider a timely offer from Federal
Prison Industries.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 60 days after the date of the enactment of this Act.
SEC. 815. DISCLOSURE OF BENEFICIAL OWNERS IN DATABASE FOR FEDERAL
AGENCY CONTRACT AND GRANT OFFICERS.
Section 2313(d)(3) of title 41, United States Code, is amended by
inserting ``, and an identification of any beneficial owner of such
corporation,'' after ``to the corporation''.
SEC. 816. INCLUSION OF OPTICAL TRANSMISSION COMPONENTS IN THE
ANALYTICAL FRAMEWORK FOR SUPPLY CHAIN RISKS.
Section 2509(b)(2)(A)(ii) of title 10, United States Code, is
amended by striking ``(other than optical transmission components)''.
SEC. 817. AMENDMENT TO DEFINITION OF QUALIFIED APPRENTICE.
Section 2870(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``or'' at the end;
(2) in paragraph (2), by striking ``; or'' at the end and
inserting a period; and
(3) by striking paragraph (3).
SEC. 818. CONTRACT CLOSEOUT AUTHORITY FOR SERVICES CONTRACTS.
Section 836 of the National Defense Authorization Act for Fiscal
Year 2017 (10 U.S.C. 2302 note) is amended--
(1) by amending subsection (b)(1) to read as follows:
``(1) was entered into--
``(A) with respect to a contract or group of
contracts for services, on a date that is the later
of--
``(i) at least 7 fiscal years before the
current fiscal year; and
``(ii) the number of years applicable to
the contract or group of contracts in subpart
4.7 of the Federal Acquisition Regulation (as
in effect on April 1, 2020);
``(B) with respect to a contract or group of
contracts not described in subparagraph (A), on a date
that is at least 17 fiscal years before the current
fiscal year;'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following new
subsection:
``(f) Oversight.--The Secretary of Defense, acting through the
Director of the Defense Contract Management Agency, shall establish and
maintain a centralized capability with necessary expertise and
resources to provide oversight of the closeout of a contract or group
of contracts covered by this section.''.
SEC. 819. PLAN TO IMPROVE DEPARTMENT-WIDE MANAGEMENT OF INVESTMENTS IN
WEAPON SYSTEMS.
(a) Portfolio Management Plan.--The Secretary of Defense shall
direct the Under Secretary of Defense for Acquisition and Sustainment,
in coordination with the Chairman of the Joint Chiefs of Staff, and the
Director of Cost Assessment and Program Evaluation, to develop a plan
to identify, develop, and acquire databases, analytical and financial
tools, and workforce skills to improve the Department of Defense-wide
assessment, management, and optimization of the investments in weapon
systems of the Department, including through consolidation of duplicate
or similar weapon system programs.
(b) Plan Contents.--The plan developed under subsection (a) shall--
(1) describe the databases and analytical and financial
tools in use by the Department of Defense that may be used to
support the Department-wide assessment, management, and
optimization of the investments in weapon systems of the
Department;
(2) determine the database and analytical and financial
tool requirements that must be met, and the workforce skills
necessary, for more effective Department-wide reviews,
analyses, and management by the Secretary of the investments in
weapon systems of the Department;
(3) identify the skills described in paragraph (2) that are
possessed by the workforce of the Department;
(4) identify the databases and analytical and financial
tools to be modified, developed, or acquired to improve the
Department-wide reviews, analyses, and management of the
investments in weapon systems of the Department; and
(5) set forth a timeline for implementing the plan,
including a timeline for the modification, development, and
acquisition of each database and analytical and financial tool
identified under paragraph (4).
(c) Submission to Congress.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress the plan developed under subsection (a).
(2) Form.--The plan submitted under paragraph (1) shall be
in an unclassified form but may contain a classified annex.
SEC. 820. DOCUMENTATION PERTAINING TO COMMERCIAL ITEM DETERMINATIONS.
Section 2380 of title 10, United States Code, is amended by--
(1) redesignating subsection (b) as subsection (c); and
(2) inserting after subsection (a) the following new
subsection:
``(b) Determinations Regarding the Commercial Nature of Products or
Services.--
``(1) In general.--A contracting officer of the Department
of Defense shall make a binding determination whether a
particular product or service offered by a contractor meets the
definition of a commercial product or commercial service. The
contracting officer may seek the advice of the cadre of experts
established pursuant to section 831(b)(2) of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 126 Stat. 1842; 10 U.S.C. 2306a note), or request the
cadre of experts to make a determination that a product or
service is a commercial product or commercial service.
``(2) Memorandum.--Within 30 days after making a
determination that a product or service is a commercial product
or commercial service, the contracting officer shall submit a
written memorandum summarizing the determination, consistent
with the template in Appendix B of the Department of Defense
Guidebook for Acquiring Commercial Items (issued January 2018
and revised July 2019), to--
``(A) the Director of the Defense Contract
Management Agency for inclusion in any database
established to fulfill the requirements of subsection
(a)(2); and
``(B) the contractor asserting the commercial
nature of the product or service.''.
SEC. 820A. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING OF
INTELLECTUAL PROPERTY.
Section 2322 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment,
shall develop guidelines and resources on the acquisition or
licensing of intellectual property, including--
``(A) model forms for specially negotiated licenses
described under section 2320(f) (as appropriate); and
``(B) an identification of definitions, key terms,
examples, and case studies that resolve ambiguities in
the differences between--
``(i) detailed manufacturing and process
data;
``(ii) form, fit, and function data; and
``(iii) data required for operations,
maintenance, installation, and training.
``(2) Consultation.--In developing the guidelines and
resources described in paragraph (1), the Secretary shall
regularly consult with appropriate stakeholders, including
large and small businesses, traditional and non-traditional
contractors (including subcontractors), and maintenance repair
organizations.''.
SEC. 820B. REQUIREMENTS CONCERNING FORMER DEPARTMENT OF DEFENSE
OFFICIALS AND LOBBYING ACTIVITIES.
(a) Requirements.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410t. Defense contractors report: requirements concerning
former Department of Defense officials and lobbying
activities
``(a) In General.--Each contract for the procurement of goods or
services in excess of $10,000,000, other than a contract for the
procurement of commercial products or commercial services, that is
entered into by the Secretary of Defense shall include a provision
under which the contractor agrees to submit to the Secretary of
Defense, not later than April 1 of each year such contract is in
effect, a written report setting forth the information required by
subsection (b).
``(b) Report Contents.--Except as provided in subsection (c), a
report by a contractor under subsection (a) shall--
``(1) list the name of each person who--
``(A) is a former officer or employee of the
Department of Defense or a former or retired member of
the armed forces who served--
``(i) in an Executive Schedule position
under subchapter II of chapter 53 of title 5;
``(ii) in a position in the Senior
Executive Service under subchapter VIII of
chapter 53 of title 5;
``(iii) in a position compensated at a rate
of pay for grade O-6 or above under section 201
of title 37; or
``(iv) as a program manager, deputy program
manager, procuring contracting officer,
administrative contracting officer, source
selection authority, member of the source
selection evaluation board, or chief of a
financial or technical evaluation team for such
a contract; and
``(B) during the preceding calendar year was
provided compensation by the contractor, if such
compensation was first provided by the contractor not
more than four years after such former officer or
employee of the Department of Defense, or such former
or retired member of the armed forces, left service in
the Department of Defense;
``(2) in the case of each person listed under paragraph
(1)(A)--
``(A) identify the department or entity in which
such person was employed or served on active duty
during the last two years of such person's service with
the Department of Defense;
``(B) state such person's job title and identify
any project on which such person performed any work or
for which such person provided any goods pursuant to a
contract with the Department of Defense during the last
two years of such person's service with the Department;
and
``(C) state such person's current job title with
the contractor and identify each project on which such
person has performed any work or for which such person
provided any goods on behalf of the contractor; and
``(3) if the contractor is a client, include--
``(A) a statement that--
``(i) lists each specific issue for which
the contractor, any employee of the contractor,
or any lobbyist paid by the contractor engaged
in lobbying activities directed at the
Department of Defense; and
``(ii) specifies the Federal rule or
regulation, Executive order, or other program,
policy, contract, or position of the Department
of Defense to which the lobbying activities
described in clause (i) related;
``(iii) lists each lobbying activity
directed at the Department of Defense that the
contractor, any employee of the contractor, or
any lobbyist paid by the contractor has engaged
in on behalf of the contractor, including--
``(I) each document prepared by the
contractor, any employee of the
contractor, or any lobbyist paid by the
contractor that was submitted to an
officer or employee of the Department
of Defense by the lobbyist;
``(II) each meeting that was a
lobbying contact with an officer or
employee of the Department of Defense,
including the subject of the meeting,
the date of the meeting, and the name
and position of each individual who
attended the meeting;
``(III) each phone call made to an
officer or employee of the Department
of Defense that was a lobbying contact,
including the subject of the phone
call, the date of the phone call, and
the name and position of each
individual who was on the phone call;
and
``(IV) each electronic
communication sent to an officer or
employee of the Department of Defense
that was a lobbying contact, including
the subject of the electronic
communication, the date of the
electronic communication, and the name
and position of each individual who
received the electronic communication;
``(iv) lists the name of each employee of
the contractor who--
``(I) did not participate in a
lobbying contact with an officer or
employee of the Department of Defense;
and
``(II) engaged in lobbying
activities in support of a lobbying
contact with an officer or employee of
the Department of Defense; and
``(v) describes the lobbying activities
referred to in clause (iv)(II); and
``(B) a copy of any document transmitted to an
officer or employee of the Department of Defense in the
course of the lobbying activities described in
subparagraph (A)(iv)(II).
``(c) Duplicate Information Not Required.--An annual report
submitted by a contractor pursuant to subsection (b) need not provide
information with respect to any former officer or employee of the
Department of Defense or former or retired member of the armed forces
if such information has already been provided in a previous annual
report filed by such contractor under this section.
``(d) Public Access to Reports.--The Secretary of Defense shall
make any report described under subsection (a) publicly available on a
website of the Department of Defense not later than 45 days after the
receipt of such report.
``(e) Definitions.--In subsection (b)(3), the terms `client',
`lobbying activities', `lobbying contact', and `lobbyist' have the
meanings given the terms in section 3 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1603).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by adding at
the end the following new item:
``Sec. 2410t. Defense contractors: requirements concerning former
Department of Defense officials.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to contracts entered into on or after that date.
SEC. 820C. COMMERCIAL PRODUCT DETERMINATION APPLIES TO COMPONENTS AND
SUPPORT SERVICES.
Section 2306a(b)(4) of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``subsequent
procurements of such product or service'' and inserting:
``subsequent procurements of--
``(i) the commercial product;
``(ii) a component of the commercial
product;
``(iii) a service for maintenance or repair
of the commercial product; or
``(iv) the commercial service.''; and
(2) in subparagraph (B)--
(A) by striking ``request a review'' and inserting
the following: ``provide a detailed explanation for not
making the presumption described in subsection (A)
along with a request for a review''; and
(B) by adding at the end the following: ``When
conducting such review, the head of the contracting
activity may consider evidence of the commercial nature
of the product or service under review that is provided
by an offeror.''
Subtitle C--Industrial Base Matters
SEC. 821. QUARTERLY NATIONAL TECHNOLOGY AND INDUSTRIAL BASE BRIEFINGS.
(a) In General.--Section 2504 of title 10, United States Code, is
amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) Annual Report.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Quarterly Briefings.--(1) The Secretary of Defense shall
ensure that the congressional defense committees receive quarterly
briefings on the progress of the Department of Defense to address the
prioritized list of gaps or vulnerabilities in the national technology
and industrial base described in subsection (a)(3)(B) as follows:
``(A) One quarterly briefing per year shall be provided by
the Secretary of the Army.
``(B) One quarterly briefing per year shall be provided by
the Secretary of the Navy.
``(C) One quarterly briefing per year shall be provided by
the Secretary of the Air Force.
``(D) One quarterly briefing per year shall be provided by
all appropriate heads of the Defense Agencies identified under
subsection (a)(3)(B)(ii).
``(2) Each briefing under paragraph (1) shall include an update of
the progress of addressing such gaps or vulnerabilities by the
Secretary concerned or the appropriate head of a Defense Agency,
including an update on--
``(A) actions taken to address such gaps or
vulnerabilities;
``(B) the mitigation strategies necessary to address such
gaps or vulnerabilities; and
``(C) the proposed timeline for action to address such gaps
or vulnerabilities.''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of section 2504 of such
title is amended to read as follows:
``Sec. 2504. National technology and industrial base: annual report and
quarterly briefings''.
(2) Clerical amendment.--The table of sections for
subchapter II of chapter 148 of such title is amended by
striking the item relating to section 2504 and inserting the
following new item:
``2504. National technology and industrial base: annual report and
quarterly briefing.''.
SEC. 822. EXPANSION ON THE PROHIBITION ON ACQUIRING CERTAIN METAL
PRODUCTS.
(a) In General.--Section 2533c of title 10, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``material melted''
and inserting ``material mined, refined, separated, melted,'';
and
(2) in subsection (c)(3)(A)(i), by striking ``tungsten''
and inserting ``covered material''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 3 years after the date of the enactment
of this Act.
SEC. 823. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE MANUFACTURED IN
THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) Technical Amendment.--The second subsection (k) of section 2534
of title 10, United States Code (relating to Implementation of
Auxiliary Ship Component Limitation), is redesignated as subsection
(l).
(b) Components for Auxiliary Ships.--Section 2534(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(6) Components for auxiliary ships.--Subject to
subsection (l), the following components:
``(A) Large medium-speed diesel engines.
``(B) Auxiliary equipment, including pumps, for all
shipboard services.
``(C) Propulsion system components, including
engines, reduction gears, and propellers.
``(D) Shipboard cranes.
``(E) Spreaders for shipboard cranes.''.
(c) Implementation.--Subsection (l) of section 2534 of title 10,
United States Code, as redesignated by subsection (a), is amended--
(1) by redesignating the second sentence to appear as flush
text at the end;
(2) by striking ``auxiliary ship after the date'' and
inserting the following: ``auxiliary ship--
``(1) with respect to large medium-speed diesel engines
described under subparagraph (A) of such subsection, after the
date'';
(3) in paragraph (1) (as so designated), by striking
``Navy.'' and inserting ``Navy; and''; and
(4) by inserting after paragraph (1) (as so designated) the
following new paragraph:
``(2) with respect to components listed in subparagraphs
(B) through (E) of such subsection, after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2021 using funds available for National Defense Sealift
Fund programs or Shipbuilding and Conversion, Navy.''.
SEC. 824. PREFERENCE FOR SOURCING RARE EARTH MATERIALS FROM THE
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense shall, to the maximum
extent practicable, acquire materials that are determined to be
strategic and critical materials required to meet the defense,
industrial, and essential civilian needs of the United States in the
following order of preference:
(1) From sources located within the United States.
(2) From sources located within the national technology and
industrial base (as defined in section 2500 of title 10, United
States Code).
(3) From other sources as appropriate.
(b) Eliminate Dependency on China.--Not later than 180 days after
the date of the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment, in consultation with the Under
Secretary of Defense (Comptroller), the Vice Chairman of the Joint
Chiefs of Staff, and the appropriate Under Secretary of State, as
designated by the Secretary of State, shall issue guidance to ensure
the elimination of the dependency of the United States on rare earth
materials from China by fiscal year 2035.
SEC. 825. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Assessment Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
assessing the domestic source content of any procurement
carried out in connection with major defense acquisition
programs.
(2) Information repository.--The Secretary of Defense shall
establish an information repository for the collection and
analysis of information related to domestic source content that
can be used for continuous data analysis and program management
activities.
(b) Enhanced Domestic Content Requirement.--
(1) In general.--For purposes of chapter 83 of title 41,
United States Code, manufactured articles, materials, or
supplies procured in connection with a major defense
acquisition program shall be deemed to be manufactured
substantially all from articles, materials, or supplies mined,
produced, or manufactured in the United States, if such
component articles, materials, or supplies--
(A) not later than October 1, 2021, comprise 75
percent of the manufactured articles, materials, or
supplies;
(B) not later than October 1, 2022, comprise 80
percent of the manufactured articles, materials, or
supplies;
(C) not later than October 1, 2023, comprise 85
percent of the manufactured articles, materials, or
supplies;
(D) not later than October 1, 2024, comprise 90
percent of the manufactured articles, materials, or
supplies;
(E) not later than October 1, 2025, comprise 95
percent of the manufactured articles, materials, or
supplies; and
(F) not later than October 1, 2026, comprise 100
percent of the manufactured articles, materials, or
supplies.
(2) Waiver.--Before Milestone A approval (as defined in
section 2366a(d) of title 10, United States Code) is granted
for a major defense acquisition program, the Secretary of
Defense shall determine whether or not to grant a waiver of the
requirements of paragraph (1).
(3) Effective date.--The domestic content requirement under
paragraph (1) applies to contracts entered into on or after
October 1, 2021.
(c) Major Defense Acquisition Program Defined.--In this section,
the term ``major defense acquisition program'' has the meaning given in
section 2430 of title 10, United States Code.
SEC. 826. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT BOARDS.
(a) Purchases.--Beginning in fiscal year 2023, the Secretary of
Defense shall require that any contractor or subcontractor that
provides covered printed circuit boards for use by the Department of
Defense to certify that, of the total value of the covered printed
circuit boards provided by such contractor or subcontractor pursuant to
a contract with the Department of Defense, not less than the
percentages set forth in subsection (b) were manufactured and assembled
within a covered country.
(b) Implementation.--In making a certification under subsection
(a), a contractor or subcontractor shall use the following percentages:
(1) During fiscal years 2023 through 2027, the greater of--
(A) 50 percent; or
(B) 75 percent, if the Secretary of Defense has
determined that suppliers in covered countries are
capable of supplying 75 percent of Department of
Defense requirements for printed circuit boards.
(2) During fiscal years 2028 through 2032, the greater of--
(A) 75 percent; or
(B) 100 percent, if the Secretary of Defense has
determined that suppliers in covered countries are
capable of supplying 100 percent of Department of
Defense requirements for printed circuit boards.
(3) Beginning in fiscal year 2033, 100 percent.
(c) Remediation.--
(1) In general.--In the event that a contractor or
subcontractor is unable to make the certification required
under subsection (a), the Secretary may accept covered printed
circuit boards from such contractor or subcontractor for up to
1 year while requiring the contractor to complete a remediation
plan. Such a plan shall be submitted to the congressional
defense committees and shall require the contractor or
subcontractor that failed to make the certification required
under subsection (a) to--
(A) audit its supply chain to identify any areas of
security vulnerability and noncompliance with section
224 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92); and
(B) meet the requirements of subsection (a) within
1 year after the initial missed certification deadline.
(2) Restriction.--No contractor or subcontractor that has
supplied covered printed circuit boards while under a
remediation plan shall be eligible to enter into another
remediation plan under subsection (c) for a period of 5 years.
(d) Waiver.--The Secretary of Defense may waive the requirement
under subsection (a) with respect to a contractor or subcontractor if
the Secretary determines that--
(1) there are no significant national security concerns
regarding counterfeiting, quality, or unauthorized access
created by accepting covered printed circuit boards under such
waiver; and
(2) the contractor is otherwise in compliance with all
relevant cybersecurity provisions relating to members of the
defense industrial base, including section 224 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92).
(e) Availability Exception.--Subsection (a) shall not apply to the
extent that the Secretary of Defense or the Secretary of the military
department concerned determines that covered printed circuit boards of
satisfactory quality and sufficient quantity, in the required form,
cannot be procured as and when needed from covered countries.
(f) Definitions.--In this section:
(1) Covered country.--The term ``covered country'' means--
(A) the United States; or
(B) a foreign country whose government has a
memorandum of understanding or agreement with the
United States that--
(i) where applicable, complies with the
requirements of section 36 of the Arms Export
Control Act (22 U.S.C. 2776) and with section
2457 of title 10, United States Code; and
(ii) either--
(I) requires the United States to
purchase supplies from foreign sources
for the purposes of offsetting sales
made the by United States Government or
United States firms under approved
programs serving defense requirements;
or
(II) under which the United States
and such government agree to remove
barriers to purchase supplies produced
in such foreign country or services
performed by sources of such foreign
country.
(2) Covered printed circuit board.--
(A) In general.--The term ``covered printed circuit
board'' means any printed circuit board that is--
(i) a product that is not a commercial
product (as defined in section 103 of title 41,
United States Code); or
(ii) a commercial product (as defined in
section 103 of title 41, United States Code),
other than a commercially available off-the-
shelf item (as defined in section 104 of title
41, United States Code) not described in
subparagraph (B).
(B) Commercially available off-the-shelf items
described.--The commercially available off-the-shelf
items (as defined in section 104 of title 41, United
States Code) described in this subparagraph are such
items that are acquired under a contract with an award
value that is greater than the micro-purchase threshold
under section 2338 of title 10, United States Code, for
use as an integral component in a system designed for--
(i) telecommunications, including data
communications and fifth-generation cellular
communications;
(ii) data storage;
(iii) medical applications;
(iv) networking;
(v) computing;
(vi) radar;
(vii) munitions; or
(viii) any other system that the Secretary
of Defense determines should be covered under
this section.
(3) Subcontractor.--The term ``subcontractor'' includes
subcontractors at any tier.
SEC. 827. REPORT ON USE OF DOMESTIC NONAVAILABILITY DETERMINATIONS.
Not later than September 30, 2021, and annually thereafter, the
Secretary of Defense shall submit a report to congressional defense
committees--
(1) describing in detail the use of any waiver or exception
by the Department of Defense to the requirements of chapter 83
of title 41, United States Code, or section 2533a of title 10,
United States Code, relating to domestic nonavailability
determinations;
(2) specifying the type of waiver or exception used; and
(3) providing an assessment of the impact on the use of
such waivers or exceptions due to the COVID-19 pandemic and
associated challenges with investments in domestic sources.
SEC. 828. SENSE OF CONGRESS ON THE PROHIBITION ON CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT.
(a) Findings.--Congress finds the following:
(1) Prohibiting the use of telecommunications and video
surveillance products or services from certain Chinese entities
within the Federal Government's supply chain is essential to
our national security.
(2) Section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1917; 41 U.S.C. note prec. 3901) restricts Federal
agencies from procuring, contracting with entities that use, or
funding the purchase of certain telecommunications products of
Chinese companies determined by Congress to pose a substantial
threat to the security of our communication infrastructure.
(3) Specifically, section 889(a)(1)(B) of such Act,
effective August 13, 2020, will prohibit Federal agencies from
entering into, extending, or renewing a contract with an entity
that uses covered telecommunications and video surveillance
equipment or services from designated Chinese companies,
including Huawei and ZTE, in their supply chains.
(4) As of July 1, 2020, the Federal Acquisition Regulatory
Council has yet to release a draft rule for public comment on
the implementation of the prohibitions described in section
889(a)(1)(B) of such Act, leaving Federal agencies and
contractors that provide equipment and services to the Federal
Government without implementation guidance necessary to
adequately plan for or comply with the prohibitions.
(5) Belated, and then hurried, implementation of this
critical prohibition puts at risk the Federal Government's
ability to acquire essential goods and services and increases
vulnerability in the supply chain through inconsistent
implementation.
(6) A senior Department of Defense leader testified on June
10, 2020, that, ``I am very concerned about being able to
implement [the prohibition] in August, as well as totally
comply within two years * * * I believe we need more time''.
(7) Subsequent to the enactment of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), Congress established the Federal Acquisition
Security Council (FASC)--comprised of senior officials from the
Office of Management and Budget, General Services
Administration, Department of Defense, Department of Homeland
Security and the intelligence community--to streamline the
Federal Government's supply chain risk management efforts and
develop criteria and processes for supply chain information
sharing among executive agencies.
(b) Sense of Congress.--It is the sense of Congress that--
(1) successful implementation of the prohibition on using
or procuring certain telecommunications and video surveillance
equipment under section 889 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 1917; 41 U.S.C. note prec. 3901) is critical to
protecting the supply chain of the Federal Government, and
Federal agencies should draw upon the expert resources
available (such as the Federal Acquisition Security Council
established under subchapter III of chapter 13 of title 41,
United States Code) to ensure implementation of such
prohibition is done in a comprehensive and deliberative manner;
and
(2) the Federal Acquisition Regulatory Council shall ensure
successful implementation of such prohibition by providing
sufficient time for public comment and review of any related
rulemaking.
SEC. 829. DOMESTIC SOURCING REQUIREMENTS FOR ALUMINUM.
(a) Finding.--Congress finds that aluminum production capacity in
the United States is critical to United States national security.
(b) Designation of Aluminum as Specialty Metal.--Section 2533b(l)
of title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(5) Aluminum and aluminum alloys.''
(c) Federal Highway Administration.--Section 313(a) of title 23,
United States Code, is amended by striking ``unless steel, iron, and
manufactured products'' and inserting ``unless steel, iron, aluminum,
and manufactured products''.
(d) Federal Transit Administration.--Section 5323(j) of title 49,
United States Code, is amended--
(1) in paragraph (1), by striking ``only if the steel,
iron, and manufactured goods'' and inserting ``only if the
steel, iron, aluminum, and manufactured goods'';
(2) in paragraph (2)(B), by striking ``steel, iron, and
goods'' and inserting ``steel, iron, aluminum, and manufactured
goods'';
(3) in paragraph (5), by striking ``or iron'' and inserting
``, iron, or aluminum'';
(4) in paragraph (6)(A)(i), by inserting ``, aluminum''
after ``iron'';
(5) in paragraph (10), by inserting ``, aluminum'' after
``iron''; and
(6) in paragraph (12)--
(A) in the paragraph heading, by striking ``and
iron'' and inserting ``, iron, and aluminum''; and
(B) by striking ``and iron'' and inserting ``,
iron, and aluminum''.
(e) Federal Railroad Administration.--Section 22905(a) of title 49,
United States Code, is amended--
(1) in paragraph (1), by striking ``only if the steel,
iron, and manufactured goods'' and inserting ``only if the
steel, iron, aluminum, and manufactured products'';
(2) in paragraph (2)(B), by inserting ``, aluminum'' after
``iron''; and
(3) in paragraph (9), by inserting ``, aluminum'' after
``iron''.
(f) Federal Aviation Administration.--Section 50101(a) of title 49,
United States Code, is amended by striking ``steel and manufactured
goods'' and inserting ``steel, aluminum, and manufactured goods''.
(g) Amtrak.--Section 24305(f)(2) of title 49, United States Code,
is amended by inserting ``(including aluminum)'' after ``supplies''
each place it appears.
SEC. 830. REPORT ON ALUMINUM REFINING, PROCESSING, AND MANUFACTURING.
(a) Sense of Congress.--It is the sense of Congress that,
consistent with any determinations made pursuant to section 101 of the
Defense Production Act of 1950 (50 U.S.C. 4511), the refining of
aluminum and the development of processing and manufacturing
capabilities for aluminum, including a geographically diverse set of
such capabilities, may have important implications for the defense
industrial base and the national defense.
(b) Report.--Not later than September 30, 2021, the Secretary of
Defense shall submit to the appropriate congressional committees a
report on--
(1) how authorities under the Defense Production Act of
1950 (50 U.S.C. 4501 et seq.) could be used to provide
incentives to increase activities relating to refining aluminum
and the development of processing and manufacturing
capabilities for aluminum; and
(2) whether a new initiative would further the development
of such processing and manufacturing capabilities for aluminum.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Armed Services of the Senate
and the House of Representatives; and
(B) the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(2) National defense.--The term ``national defense'' shall
have the same meaning as such term under section 702 of the
Defense Production Act of 1950 (50 U.S. C. 4552).
SEC. 830A. BRIEFING ON THE SUPPLY CHAIN FOR SMALL UNMANNED AIRCRAFT
SYSTEM COMPONENTS.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the Administrator of
the National Aeronautics and Space Administration, shall provide to the
appropriate congressional committees a briefing on the supply chain for
small unmanned aircraft system components, including a discussion of
current and projected future demand for small unmanned aircraft system
components.
(b) Elements.--The briefing under subsection (a) shall include the
following:
(1) The sustainability and availability of secure sources
of critical components domestically and from sources in allied
and partner nations.
(2) The cost, availability, and quality of secure sources
of critical components and other relevant information
domestically and from sources in allied and partner nations.
(3) The plan of the Department of Defense to address any
gaps or deficiencies presented in paragraphs (1) and (2),
including through the use of funds available under the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.) and
partnerships with the National Aeronautics and Space
Administration and other public and private stakeholders.
(4) Such other information as the Under Secretary of
Defense for Acquisition and Sustainment determines to be
appropriate.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Science, Space, and Technology
and the Committee on Transportation and Infrastructure
of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Small unmanned aircraft; unmanned aircraft system.--The
terms ``small unmanned aircraft'' and ``unmanned aircraft
system'' have the meanings given, respectively, in section
44801 of title 49, United States Code.
SEC. 830B. PROHIBITION ON PROCUREMENT OR OPERATION OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Procurement.--
(1) In general.--Except as otherwise provided in this
subsection, the head of an executive agency may not procure any
commercial off-the-shelf drone or covered unmanned aircraft, or
any component thereof for use in such a drone or unmanned
aircraft, that is manufactured or assembled by a covered
foreign entity, including any flight controllers, radios, core
processors, printed circuit boards, cameras, or gimbals.
(2) Exemption.--The Secretary of Homeland Security and the
Secretary of Defense are exempt from the requirements of
paragraph (1) if the operation or procurement--
(A) is for the purposes of training, testing, or
analysis for--
(i) counter-UAS system surrogate
intelligence;
(ii) electronic warfare; or
(iii) information warfare operations; and
(B) is required in the national interest of the
United States.
(3) Procurement of printed circuit boards.--
(A) In general.--Beginning in fiscal year 2023, the
head of an executive agency shall require that any
contractor or subcontractor that provides printed
circuit boards for use in covered unmanned aircraft or
commercial off-the-shelf drones to certify that, of the
total value of the printed circuit boards provided by
such contractor or subcontractor pursuant to a contract
with an executive agency, not more than the percentages
set forth in subparagraph (B) were manufactured and
assembled by a covered foreign entity.
(B) Percentages.--In making a certification under
subsection (a), a contractor or subcontractor shall use
the following percentages:
(i) During fiscal years 2023 through 2027,
the lesser of--
(I) 50 percent; or
(II) 25 percent, if the relevant
head of an executive agency has
determined that suppliers other than
covered foreign entities are capable of
supplying 75 percent of the
requirements of the executive agency
for printed circuit boards.
(ii) During fiscal years 2028 through 2032,
the lesser of--
(I) 25 percent; or
(II) 0 percent, if the relevant
head of an executive agency has
determined that suppliers other than
covered foreign entities are capable of
supplying 100 percent the requirements
of the executive agency for printed
circuit boards.
(C) Remediation.--
(i) In general.--If a contractor or
subcontractor is unable to make the
certification required under subparagraph (A),
the head of an executive agency may accept
printed circuit boards from such contractor or
subcontractor for up to 1 year while requiring
the contractor to complete a remediation plan.
Such plan shall be submitted to Congress and
shall require the contractor or subcontractor
that failed to make the certification required
under subparagraph (A) to--
(I) audit its supply chain to
identify any areas of security
vulnerability; and
(II) meet the requirements of
subparagraph (A) within 1 year after
the initial missed certification
deadline.
(ii) Restriction.--No contractor or
subcontractor that has supplied printed circuit
boards while under a remediation plan shall be
eligible to enter into another remediation plan
under subparagraph (C) for a period of 5 years.
(iii) Waiver.--The head of an executive
agency may waive the requirement under
subparagraph (A) with respect to a contractor
or subcontractor if the head of an executive
agency determines that--
(I) there are no significant
national security concerns regarding
counterfeiting, quality, or
unauthorized access created by
accepting printed circuit boards under
such waiver; and
(II) the contractor is otherwise in
compliance with all cybersecurity
requirements applicable to such
contractor under Federal laws or
regulations.
(iv) Availability exception.--Subparagraph
(A) shall not apply to the extent that the head
of an executive agency determines that printed
circuit boards of satisfactory quality and
sufficient quantity, in the required form,
cannot be procured as and when needed from
entities that are not covered foreign entities.
(4) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1), except with respect to a
contract to procure printed circuit boards for use in covered
unmanned aircraft or commercial off-the-shelf drones, on a
case-by-case basis with the approval of the Secretary of
Homeland Security or the Secretary of Defense and notification
to Congress.
(5) Component prohibition applicability.--Except as
otherwise provided in this subsection, the prohibition under
paragraph (1) regarding components of commercial off-the-shelf
drones or covered unmanned aircraft shall apply only to
contracts for the procurement of such components that are
entered into on or after the date that is 2 years after the
date of the enactment of this Act.
(b) Prohibition on Operation.--
(1) Prohibition.--
(A) In general.--Beginning not later than 180 days
after the date of the enactment of this Act, the head
of an executive agency may not operate a commercial
off-the-shelf drone or covered unmanned aircraft
manufactured or assembled by a covered foreign entity.
(B) Phase-in period for existing contracts.--The
prohibition under subparagraph (A) shall not apply,
during the 1-year period beginning on the date of the
enactment of this Act, to commercial off-the-shelf
drones and covered unmanned aircraft procured through a
contract entered into before the date of the enactment
of this Act.
(2) Exemption.--The Secretary of Homeland Security and the
Secretary of Defense are exempt from the restriction under
paragraph (1) if the operation--
(A) is for the purposes of training, testing, or
analysis for--
(i) counter-UAS system surrogate
intelligence;
(ii) electronic warfare; or
(iii) information warfare operations; and
(B) is required in the national interest of the
United States.
(3) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1) on a case-by-case basis with
the approval of the Secretary of Homeland Security or the
Secretary of Defense and notification to Congress.
(4) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in coordination with the Secretary of
Homeland Security, Secretary of Transportation, the Attorney
General, and such other Federal departments and agencies as
determined by the Director of the Office of Management and
Budget, and in consultation with the Under Secretary of
Commerce for Standards and Technology, shall establish a
Governmentwide policy for the operation of UASs for non-
Department of Defense and non-intelligence community
operations.
(c) Prohibition on Use of Federal Funds.--The requirements
described in subsection (a) shall apply with respect to the use of
Federal funds awarded through a contract, grant, or cooperative
agreement, or made available to a State or local government, or any
subdivision thereof.
(d) Comptroller General Report.--Not later than 90 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the quantity of
commercial off-the-shelf drones and covered unmanned aircraft procured
by Federal departments and agencies from covered foreign entities.
(e) Interaction With Other Law.--Section 848 of the National
Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 2302 note)
does not apply with respect to a commercial off-the-shelf drone or
covered unmanned aircraft, or any component thereof intended for use in
such a drone or unmanned aircraft, to which the provisions of this Act
apply.
(f) Definitions.--In this section:
(1) Commercial off-the-shelf drone.--The term ``commercial
off-the-shelf drone'' means a covered unmanned aircraft that is
a commercially available off-the-shelf item (as defined in
section 104 of title 41, United States Code).
(2) Covered foreign entity.--The term ``covered foreign
entity'' means--
(A) a covered entity (as determined by the
Secretary of Commerce);
(B) any entity that is subject to extrajudicial
direction from a foreign government, as determined by
the Director of National Intelligence;
(C) any entity the Secretary of Homeland Security,
in coordination with the Director of National
Intelligence, the Secretary of Defense, and the
Secretary of State, determines poses a national
security risk;
(D) any entity subject to influence or control by
the Government of the People Republic of China or the
Communist Party of the People's Republic of China, as
determined by the Secretary of Homeland Security; and
(E) any subsidiary or affiliate of an entity
described in subparagraphs (A) through (D).
(3) Covered unmanned aircraft.--The term ``covered unmanned
aircraft'' means an unmanned aircraft or unmanned aircraft
system as such terms are defined, respectively, in section
44801 of title 49, United States Code.
(4) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(6) UAS.--The term ``UAS'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
SEC. 830C. SENSE OF CONGRESS ON GAPS OR VULNERABILITIES IN THE NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
It is the sense of Congress that in preparing the annual report
required by section 2504 of title 10, United States Code, the Secretary
of Defense shall include the following:
(1) An assessment of gaps or vulnerabilities in the
national technology and industrial base (as defined in section
2500 of title 10, United States Code) with respect to
intellectual property theft as related to the development and
long-term sustainability of defense technologies.
(2) The extent to which, if any, foreign adversaries engage
in operations to exploit such gaps or vulnerabilities.
(3) Recommendations to mitigate or address any such gaps or
vulnerabilities identified by the Secretary.
(4) Any other matters the Secretary of Defense determines
should be included.
SEC. 830D. REPORT ON PARTNERSHIPS FOR RARE EARTH MATERIAL SUPPLY CHAIN
SECURITY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report that--
(1) assesses the ability of the Department of Defense to
facilitate partnerships with institutions of higher education
(as defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) that receive grants for the purpose of
enhancing the security and stability of supply chain for
domestic rare earth materials for the National Defense
Stockpile; and
(2) identifies barriers to such partnerships; and
(3) provides recommendations as to how the Secretary of
Defense may improve these partnerships.
Subtitle D--Small Business Matters
SEC. 831. TRANSFER OF VERIFICATION OF SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY VETERANS OR SERVICE-DISABLED VETERANS TO
THE SMALL BUSINESS ADMINISTRATION.
(a) Transfer Date.--For purposes of this section, the term
``transfer date'' means the date that is 2 years after the date of
enactment of this section, except that such date may be extended an
unlimited number of times by a period of not more than 6 months if the
Administrator of the Small Business Administration and the Secretary of
Veterans Affairs jointly issue a notice to Congress and the Law
Revision Counsel of the House of Representatives containing--
(1) a certification that such extension is necessary;
(2) the rationale for and the length of such extension; and
(3) a plan to comply with the requirements of this section
within the timeframe of the extension.
(b) Amendment to and Transfer of Veteran-Owned and Service-Disabled
Veteran-Owned Business Database.--
(1) Amendment of veteran-owned and service-disabled
veteran-owned business database.--Effective on the transfer
date, section 8127 of title 38, United States Code, is
amended--
(A) in subsection (e)--
(i) by striking ``the Secretary'' and
inserting ``the Administrator''; and
(ii) by striking ``subsection (f)'' and
inserting ``section 36 of the Small Business
Act'';
(B) in subsection (f)--
(i) by striking ``the Secretary'' each
place such term appears, other than in the last
place such term appears under paragraph (2)(A),
and inserting ``the Administrator'';
(ii) in paragraph (1), by striking ``small
business concerns owned and controlled by
veterans with service-connected disabilities''
each place such term appears and inserting
``small business concerns owned and controlled
by service-disabled veterans'';
(iii) in paragraph (2)--
(I) in subparagraph (A), by
striking ``to access'' and inserting
``to obtain from the Secretary of
Veterans Affairs''; and
(II) by striking subparagraph (B)
and inserting the following:
``(B) For purposes of this subsection--
``(i) the Secretary of Veterans Affairs shall--
``(I) verify an individual's status as a veteran or
a service-disabled veteran; and
``(II) establish a system to permit the
Administrator to access, but not alter, such
verification; and
``(ii) the Administrator shall verify--
``(I) the status of a business concern as a small
business concern; and
``(II) the ownership and control of such business
concern.
``(C) The Administrator may not certify a concern under subsection
(b) or section 36A if the Secretary of Veterans Affairs cannot provide
the verification described under subparagraph (B)(i)(I).'';
(iv) by striking paragraphs (4) and (7);
(v) by redesignating paragraphs (5) and (6)
as paragraphs (4) and (5), respectively, and
redesignating paragraph (8) as paragraph (6);
(vi) in paragraph (4), as so redesignated,
by striking ``The Secretary'' and inserting
``The Administrator''; and
(vii) in paragraph (6), as so
redesignated--
(I) in subparagraph (A)--
(aa) by striking ``verify
the status of the concern as a
small business concern or the
ownership or control of the
concern'' and inserting
``certify the status of the
concern as a small business
concern owned and controlled by
veterans (under section 36A) or
a small business concern owned
and controlled by service-
disabled veterans (under
section 36(g))''; and
(bb) by striking
``verification'' and inserting
``certification'';
(II) in subparagraph (B)--
(aa) in clause (i), by
striking ``small business
concern owned and controlled by
veterans with service-connected
disabilities'' and inserting
``small business concern owned
and controlled by service-
disabled veterans''; and
(bb) in clause (ii)--
(AA) by amending
subclause (I) to read
as follows:
``(I) the Secretary of Veterans Affairs or the
Administrator; or''; and
(BB) in subclause
(II), by striking ``the
contracting officer of
the Department'' and
inserting ``the
applicable contracting
officer''; and
(III) by striking subparagraph (C);
(C) by redesignating subsection (k) (relating to
definitions) as subsection (l);
(D) by inserting after subsection (j) (relating to
annual reports) the following:
``(k) Annual Transfer for Certification Costs.--For each fiscal
year, the Secretary of Veterans Affairs shall reimburse the
Administrator in an amount necessary to cover any cost incurred by the
Administrator for certifying small business concerns owned and
controlled by veterans that do not qualify as small business concerns
owned and controlled by service-disabled veterans for the Secretary for
purposes of this section and section 8128 of this title. The
Administrator is authorized to accept such reimbursement. The amount of
any such reimbursement shall be determined jointly by the Secretary and
the Administrator and shall be provided from fees collected by the
Secretary under multiple-award schedule contracts. Any disagreement
about the amount shall be resolved by the Director of the Office of
Management and Budget.''; and
(E) subsection (l) (relating to definitions), as so
redesignated, by adding at the end the following:
``(4) The term Administrator means the Administrator of the
Small Business Administration.''.
(2) Transfer of requirements relating to database to the
small business act.--Effective on the transfer date, subsection
(f) of section 8127 of title 38, United States Code (as amended
by paragraph (1)), is transferred to section 36 of the Small
Business Act (15 U.S.C. 657f), inserted so as to appear after
subsection (e).
(3) Conforming amendments.--The following amendments shall
take effect on the transfer date:
(A) Small business act.--Section 3(q)(2)(C)(i)(III)
of the Small Business Act (15 U.S.C.
632(q)(2)(C)(i)(III)) is amended by striking ``section
8127(f) of title 38, United States Code'' and inserting
``section 36''.
(B) Title 38.--Section 8128 of title 38, United
States Code, is amended by striking ``section 8127(f)
of this title'' and inserting ``section 36 of the Small
Business Act''.
(c) Additional Requirements for Database.--
(1) Administration access to database before the transfer
date.--During the period between the date of the enactment of
this section and the transfer date, the Secretary of Veterans
Affairs shall provide the Administrator of the Small Business
Administration with access to the contents of the database
described under section 8127(f) of title 38, United States
Code.
(2) Rule of construction.--Nothing in this section or the
amendments made by this section may be construed--
(A) as prohibiting the Administrator of the Small
Business Administration from combining the contents of
the database described under section 8127(f) of title
38, United States Code, with other databases maintained
by the Administration; or
(B) as requiring the Administrator to use any
system or technology related to the database described
under section 8127(f) of title 38, United States Code,
on or after the transfer date to comply with the
requirement to maintain a database under subsection (f)
of section 36 of the Small Business Act (as transferred
pursuant to subsection (b)(2) of this section).
(3) Recognition of the issuance of joint regulations.--The
date specified under section 1832(e) of the National Defense
Authorization Act for Fiscal Year 2017 (15 U.S.C. 632 note)
shall be deemed to be October 1, 2018.
(d) Procurement Program for Small Business Concerns Owned and
Controlled by Service-Disabled Veterans.--
(1) Procurement program for small business concerns owned
and controlled by service-disabled veterans.--Section 36 of the
Small Business Act (15 U.S.C. 657f) is amended--
(A) by striking subsections (d) and (e);
(B) by redesignating subsections (a), (b), and (c)
as subsections (c), (d), and (e) respectively;
(C) by inserting before subsection (c), as so
redesignated, the following:
``(a) Contracting Officer Defined.--For purposes of this section,
the term `contracting officer' has the meaning given such term in
section 2101 of title 41, United States Code.
``(b) Certification of Small Business Concerns Owned and Controlled
by Service-Disabled Veterans.--With respect to a procurement program or
preference established under this Act that applies to prime
contractors, the Administrator shall--
``(1) certify the status of the concern as a `small
business concern owned and controlled by service-disabled
veterans'; and
``(2) require the periodic recertification of such
status.'';
(D) in subsection (d), as so redesignated, by
striking ``and that the award can be made at a fair
market price'' and inserting ``, that the award can be
made at a fair market price, and if each concern is
certified by the Administrator as a small business
concern owned and controlled by service-disabled
veterans''; and
(E) by adding at the end the following:
``(g) Certification Requirement.--Notwithstanding subsection (c), a
contracting officer may only award a sole source contract to a small
business concern owned and controlled by service-disabled veterans or a
contract on the basis of competition restricted to small business
concerns owned and controlled by service-disabled veterans if such a
concern is certified by the Administrator as a small business concern
owned and controlled by service-disabled veterans.
``(h) Enforcement; Penalties.--
``(1) Verification of eligibility.--In carrying out this
section, the Administrator shall establish procedures relating
to--
``(A) the filing, investigation, and disposition by
the Administration of any challenge to the eligibility
of a small business concern to receive assistance under
this section (including a challenge, filed by an
interested party, relating to the veracity of a
certification made or information provided to the
Administration by a small business concern under
subsection (b)); and
``(B) verification by the Administrator of the
accuracy of any certification made or information
provided to the Administration by a small business
concern under subsection (b).
``(2) Examinations.--
``(A) Examination of applicants.--The procedures
established under paragraph (1) shall provide for a
program of examinations by the Administrator of any
small business concern making a certification or
providing information to the Administrator under
subsection (b), to determine the veracity of any
statements or information provided as part of such
certification or otherwise provided under subsection
(b).
``(B) Examination of certified concerns.--The
procedures established under paragraph (1) shall
provide for the examination of risk-based samples of
small business concerns certified under subsection (b),
or of any small business concern that the Administrator
believes poses a particular risk or with respect to
which the Administrator receives specific and credible
information alleging that the small business concern no
longer meets eligibility requirements to be certified
as a small business concern owned and controlled by
service-disabled veterans.
``(3) Penalties.--In addition to the penalties described in
section 16(d), any small business concern that is determined by
the Administrator to have misrepresented the status of that
concern as a small business concern owned and controlled by
service-disabled veterans for purposes of subsection (b), shall
be subject to--
``(A) section 1001 of title 18, United States Code;
``(B) sections 3729 through 3733 of title 31,
United States Code; and
``(C) section 8127(g) of title 38, United States
Code.
``(i) Provision of Data.--Upon the request of the Administrator,
the head of any Federal department or agency shall promptly provide to
the Administrator such information as the Administrator determines to
be necessary to carry out subsection (b) or to be able to certify the
status of the concern as a small business concern owned and controlled
by veterans under section 36A.''.
(2) Penalties for misrepresentation.--Section 16 of the
Small Business Act (15 U.S.C. 645) is amended--
(A) in subsection (d)(1)--
(i) by striking ``, a'' and inserting ``, a
`small business concern owned and controlled by
service-disabled veterans', a `small business
concern owned and controlled by veterans', a'';
and
(ii) in paragraph (A), by striking ``9, 15,
or 31'' and inserting ``8, 9, 15, 31, 36, or
36A''; and
(B) in subsection (e), by striking ``, a'' and
inserting ``, a `small business concern owned and
controlled by service-disabled veterans', a `small
business concern owned and controlled by veterans',
a''.
(e) Certification for Small Business Concerns Owned and Controlled
by Veterans.--The Small Business Act (15 U.S.C. 631 et seq.) is amended
by inserting after section 36 the following new section:
``SEC. 36A. CERTIFICATION OF SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY VETERANS.
``(a) In General.--With respect to the program established under
section 8127 of title 38, United States Code, the Administrator shall--
``(1) certify the status of the concern as a `small
business concern owned and controlled by veterans'; and
``(2) require the periodic recertification of such status.
``(b) Enforcement; Penalties.--
``(1) Verification of eligibility.--In carrying out this
section, the Administrator shall establish procedures relating
to--
``(A) the filing, investigation, and disposition by
the Administration of any challenge to the eligibility
of a small business concern to receive assistance under
this section (including a challenge, filed by an
interested party, relating to the veracity of a
certification made or information provided to the
Administration by a small business concern under
subsection (a)); and
``(B) verification by the Administrator of the
accuracy of any certification made or information
provided to the Administration by a small business
concern under subsection (a).
``(2) Examination of applicants.--The procedures
established under paragraph (1) shall provide for a program of
examinations by the Administrator of any small business concern
making a certification or providing information to the
Administrator under subsection (a), to determine the veracity
of any statements or information provided as part of such
certification or otherwise provided under subsection (a).
``(3) Penalties.--In addition to the penalties described in
section 16(d), any small business concern that is determined by
the Administrator to have misrepresented the status of that
concern as a small business concern owned and controlled by
veterans for purposes of subsection (a), shall be subject to--
``(A) section 1001 of title 18, United States Code;
``(B) sections 3729 through 3733 of title 31,
United States Code; and
``(C) section 8127(g) of title 38, United States
Code.''.
(f) Status of Self-Certified Small Business Concerns Owned and
Controlled by Service-Disabled Veterans.--
(1) In general.--Notwithstanding any other provision of
law, any small business concern that self-certified as a small
business concern owned and controlled by service-disabled
veterans shall--
(A) if the concern files a certification
application with the Administrator of the Small
Business Administration before the end of the 1-year
period beginning on the transfer date, maintain such
self-certification until the Administrator makes a
determination with respect to such certification; and
(B) if the concern does not file such a
certification application before the end of the 1-year
period beginning on the transfer date, lose, at the end
of such 1-year period, any self-certification of the
concern as a small business concern owned and
controlled by service-disabled veterans.
(2) Non-applicability to department of veterans affairs.--
Paragraph (1) shall not apply to participation in contracts
(including subcontracts) with the Department of Veterans
Affairs.
(3) Notice.--The Administrator shall notify any small
business concern that self-certified as a small business
concern owned and controlled by service-disabled veterans about
the requirements of this section, including the transfer date
and any extension of such transfer date made pursuant to
subsection (a), and make such notice publicly available, on--
(A) the date of the enactment of this section; and
(B) the date on which an extension described under
subsection (a) is approved.
(g) Transfer of the Center for Verification and Evaluation of the
Department of Veterans Affairs to the Small Business Administration.--
(1) Abolishment.--The Center for Verification and
Evaluation of the Department of Veterans Affairs defined under
section 74.1 of title 38, Code of Federal Regulations, is
abolished effective on the transfer date.
(2) Transfer of functions.--All functions that, immediately
before the effective date of this subsection, were functions of
the Center for Verification and Evaluation shall--
(A) on the date of enactment of this section, be
functions of both the Center for Verification and
Evaluation and the Small Business Administration,
except that the Small Business Administration shall not
have any authority to carry out any verification
functions of the Center for Verification and
Evaluation; and
(B) on the transfer date, be functions of the Small
Business Administration.
(3) Transfer of assets.--So much of the personnel,
property, and records employed, used, held, available, or to be
made available in connection with a function transferred under
this subsection shall be available to the Small Business
Administration at such time or times as the President directs
for use in connection with the functions transferred.
(4) References.--Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of authority,
or any document of or pertaining to a function of the Center
for Verification and Evaluation that is transferred under this
section is deemed, after the transfer date, to refer to the
Small Business Administration.
(h) Report.--Not later than the end of the 1-year period beginning
on the date of the enactment of this section and every 6 months
thereafter until the transfer date, the Administrator of the Small
Business Administration and Secretary of Veterans Affairs shall jointly
issue a report to the Committees on Appropriations, Small Business, and
Veterans' Affairs of the House of Representatives and the Committees on
Appropriations, Small Business and Entrepreneurship, and Veterans'
Affairs of the Senate on the planning for the transfer of functions and
property required under this section and the amendments made by this
section on the transfer date. Such report shall include--
(1) whether and how the verification database and
operations of the Center for Verification and Evaluation of the
Department of Veterans Affairs will be incorporated into the
existing certification database of the Small Business
Administration;
(2) projections for the numbers and timing, in terms of
fiscal year, of--
(A) already verified concerns that will come up for
recertification; and
(B) self-certified concerns that are expected to
apply for certification;
(3) an explanation of how outreach to veteran service
organizations, the service-disabled veteran-owned and veteran-
owned small business community, and other stakeholders will be
conducted; and
(4) other pertinent information determined by the
Administrator and the Secretary.
SEC. 832. EQUITABLE ADJUSTMENTS TO CERTAIN CONSTRUCTION CONTRACTS.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended by inserting after section 15 the following new section:
``SEC. 15A. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS.
``(a) Request for an Equitable Adjustment.--A small business
concern performing a construction contract that was awarded by an
agency may submit a request for an equitable adjustment to the
contracting officer of such agency if the contracting officer directs a
change in the work within the general scope of the contract without the
agreement of the small business concern. Such request shall--
``(1) be timely made pursuant to the terms of the contract;
and
``(2) comply with Federal regulations regarding equitable
adjustments, including specifying additional costs resulting
from such change in the work within the general scope of the
contract.
``(b) Amount.--Upon receipt of a request for equitable adjustment
under subsection (a), the agency shall provide to the small business
concern an interim partial payment in an amount that is at least 50
percent of the costs identified in the request for equitable adjustment
under subsection (a)(2).
``(c) Limitation.--Any interim partial payment made under this
section shall not be deemed to be an action to definitize the request
for an equitable adjustment.
``(d) Flow-Down of Interim Partial Payment Amounts.--A small
business concern that requests an equitable adjustment under this
section shall pay to a first tier subcontractor or supplier the portion
of the interim partial payment received that is attributable to the
increased costs of performance incurred by the first tier subcontractor
or supplier due to the change in the work within the general scope of
the contract. A subcontractor or supplier at any tier that receives a
portion of an interim partial payment under this section shall pay its
subcontractor or supplier the appropriate portion of such payment.''.
(b) Implementation.--The Administrator of the Small Business
Administration shall implement the requirements of this section not
later than the first day of the first full fiscal year beginning after
the date of the enactment of this Act.
SEC. 833. EXEMPTION OF CERTAIN CONTRACTS AWARDED TO SMALL BUSINESS
CONCERNS FROM CATEGORY MANAGEMENT REQUIREMENTS.
(a) In General.--The Small Business Act is amended--
(1) by redesignating section 49 as section 50; and
(2) by inserting after section 48 the following new
section:
``SEC. 49. EXEMPTION OF CERTAIN CONTRACTS FROM CATEGORY MANAGEMENT
REQUIREMENTS.
``(a) In General.--A contract awarded under section 8(a), 8(m), 31,
or 32 that is classified as tier 0--
``(1) shall be exempt from the procedural requirements of
any Federal rule or guidance on category management or
successor strategies for contract consolidation; and
``(2) may not be included when measuring the attainment of
any goal or benchmark established under any Federal rule or
guidance on category management or successor strategies for
contract consolidation, unless the inclusion of such contract
aids in the achievement of such a goal or benchmark.
``(b) Definitions.--In this section:
``(1) Category management.--The term `category management'
has the meaning given such term by the Director of the Office
of Management and Budget.
``(2) Tier 0.--The term `tier 0' has the meaning given such
term by the Director of the Office of Management and Budget
with respect to the Spend Under Management tiered maturity
model, or any successor model.''.
(b) Application.--Section 49 of the Small Business Act, as added by
subsection (a), shall apply with respect to contracts entered into on
or after the date of the enactment of this Act.
(c) Plan and Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget shall submit to Congress a report
including a plan to increase the participation of small
business concerns in agency-wide or Government-wide contracts
(including best in class designations as defined in section
15(h)(4)(B)). Such plan shall include--
(A) strategies to increase the amount and frequency
of opportunities for small business concerns to
participate in agency-wide or Government-wide
contracts;
(B) strategies to ease or eliminate requirements
that impede such participation of small business
concerns; and
(C) a specific goal for the number of small
business concerns participating in agency-wide or
Government-wide contracts and a timeline to achieve
such goal.
(2) Implementation.--Not later than 60 days after the
submission of the report required under paragraph (1), the
Director of the Office of Management and Budget shall implement
the plan contained in such report.
(d) Rulemaking.--Not later than 90 days after the date of the
enactment of this Act, the Federal Acquisition Regulation shall be
revised to carry out this Act and the amendment made by this Act.
SEC. 834. REPORT ON ACCELERATED PAYMENTS TO CERTAIN SMALL BUSINESS
CONCERNS.
(a) Report.--Not later than 3 months after the date of the
enactment of this section, the head of each Federal agency shall submit
to Congress a report on the timeliness of payments made to a covered
prime contractor. Such report shall include--
(1) the date on which the Federal agency began providing
accelerated payments in accordance with section 2307(a)(2) of
title 10, United States Code, or paragraphs (10) and (11) of
section 3903(a) of title 31, United States Code, as applicable,
to a covered prime contractor;
(2) of contracts to which such sections apply, the amount
and percentage of covered contracts with accelerated payment
terms in accordance with such sections; and
(3) whether and on what date the agency discontinued
implementation of the Office of Management and Budget Circular
M-11-32 titled ``Accelerating Payments to Small Businesses for
Goods and Services'' (issued September 14, 2011).
(b) Definitions.--In this section:
(1) Covered prime contractor.--The term ``covered prime
contractor'' means--
(A) a prime contractor (as defined in section 8701
of title 41) that is a small business concern (as
defined in section 3 of the Small Business Act (15
U.S.C. 632)); and
(B) a prime contractor that subcontracts with a
small business concern.
(2) Covered contract.--The term ``covered contract'' means
a contract entered into by a covered prime contractor--
(A) on or after August 13, 2018, with respect to a
contract entered into the head of an agency (as defined
in section 2302 of title 10, United States Code); or
(B) on or after December 20, 2019, with respect to
a contract entered into with the head of an agency (as
defined in section 3901 of title 31, United States
Code).
(3) Federal agency.--The term ``Federal agency'' has the
meaning given ``agency'' in section 551(a) of title 5, United
States Code.
SEC. 835. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.
(a) In General.--The Administrator of the Small Business
Administration shall ensure that a small business concern participating
in the program established under section 8(a) of the Small Business Act
(15 U.S.C. 637) on or before March 13, 2020, may elect to extend such
participation by a period of 1 year, regardless of whether such concern
previously elected to suspend participation in such program pursuant to
guidance of the Administrator.
(b) Emergency Rulemaking Authority.--Not later than 15 days after
the date of enactment of this section, the Administrator shall issue
regulations to carry out this section without regard to the notice
requirements under section 553(b) of title 5, United States Code.
SEC. 836. PAST PERFORMANCE RATINGS OF CERTAIN SMALL BUSINESS CONCERNS.
(a) Past Performance Ratings of Joint Ventures for Small Business
Concerns.--Section 15(e) of the Small Business Act (15 U.S.C. 644(e))
is amended by adding at the end the following:
``(5) Past performance ratings of joint ventures for small
business concerns.--With respect to evaluating an offer for a
prime contract made by a small business concern that previously
participated in a joint venture with another business concern
(whether or not such other business concern was itself a small
business concern), the Administrator shall establish
regulations--
``(A) requiring contracting officers to consider
the record of past performance of the joint venture
when evaluating the past performance of the small
business concern; and
``(B) requiring the small business concern to
inform the contracting officer what duties and
responsibilities the small business concern carried out
as part of the joint venture.''.
(b) Past Performance Ratings of First-Tier Small Business
Subcontractors.--Section 8(d)(17) of the Small Business Act (15 U.S.C.
637(d)(17)) is amended to read as follows:
``(17) Past performance ratings for certain small business
subcontractors.--
``(A) In general.--Upon request by a small business
concern that performed as a first tier subcontractor on
a covered contract (as defined in paragraph 13(A)) that
is submitting an offer for a solicitation, the prime
contractor for such covered contract shall submit to
the contracting agency issuing the solicitation or to
such small business concern a record of past
performance for such small business concern with
respect to such covered contract.
``(B) Consideration.--A contracting officer shall
consider the record of past performance of a small
business concern provided under subparagraph (A) when
evaluating an offer for a prime contract made by such
small business concern.''.
(c) Rulemaking.--
(1) Small buisness administration.--Not later than the end
of the 120-day period beginning on the date of enactment of
this Act, the Administrator of the Small Business
Administration shall issue rules to carry out this section and
the amendments made by this section.
(2) Federal acquisition regulation.--Not later than the end
of the 120-day period beginning on the date that rules are
issued under paragraph (1), the Federal Acquisition Regulation
shall be revised to reflect such rules.
SEC. 837. CATEGORY MANAGEMENT TRAINING.
(a) In General.--Not later than 8 months after the date of the
enactment of this section, the Administrator of the Small Business
Administration, in coordination with the Administrator of the Office of
Federal Procurement Policy and any other head of a Federal agency as
determined by the Administrator, shall develop a training curriculum on
category management for staff of Federal agencies with procurement or
acquisition responsibilities. Such training shall include--
(1) best practices for purchasing goods and services from
small business concerns (as defined under section 3 of the
Small Business Act (15 U.S.C. 632)); and
(2) information on avoiding conflicts with the requirements
of the Small Business Act (15 U.S.C. 631 et seq.).
(b) Use of Curriculum.--The Administrator of the Small Business
Administration--
(1) shall ensure that staff for Federal agencies described
in subsection (a) receive the training described in such
subsection; and
(2) may request the assistance of the relevant Director of
Small and Disadvantaged Business Utilization (as described in
section 15(k) of the Small Business Act (15 U.S.C. 644(k))) to
carry out the requirements of paragraph (1).
(c) Submission to Congress.--The Administrator of the Small
Business Administration shall provide a copy of the training curriculum
developed under subsection (a) to the Committee on Small Business of
the House of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate.
(d) Category Management Defined.--In this Act, the term ``category
management'' has the meaning given by the Director of the Office of
Management and Budget.
SEC. 838. SMALL BUSINESSES IN TERRITORIES OF THE UNITED STATES.
(a) Definition of Covered Territory Business.--Section 3 of the
Small Business Act (15 U.S.C. 632) is amended by adding at the end the
following new subsection:
``(ff) Covered Territory Business.--In this Act, the term `covered
territory business' means a small business concern that has its
principal office located in one of the following:
``(1) The United States Virgin Islands.
``(2) American Samoa.
``(3) Guam.
``(4) The Northern Mariana Islands.''.
(b) Priority for Surplus Property Transfers.--Section
7(j)(13)(F)(iii) of the Small Business Act (15 U.S.C.
636(j)(13)(F)(iii)) is amended--
(1) in clause (I), by striking ``means'' and all that
follows through the period at the end and inserting the
following: ``means--
``(aa) in the case of a
Puerto Rico business, the
period beginning on August 13,
2018, and ending on the date on
which the Oversight Board
established under section 2121
of title 48 terminates; and
``(bb) in the case of a
covered territory business, the
period beginning on the date of
enactment of this item and
ending on the date that is 4
years after such date of
enactment.''; and
(2) in clause (II)--
(A) by inserting ``or a covered territory
business'' after ``a Puerto Rico business''; and
(B) by striking ``the Puerto Rico business'' in
both places it appears and inserting ``such business''.
(c) Contracting Incentives for Protege Firms That Are Covered
Territory Businesses.--
(1) Contracting incentives.--Section 45(a) of the Small
Business Act (15 U.S.C. 657r(a)) is amended by adding at the
end the following new paragraph:
``(4) Covered territory businesses.--During the period
beginning on the date of enactment of this paragraph and ending
on the date that is 4 years after such date of enactment, the
Administrator shall identify potential incentives to a covered
territory mentor that awards a subcontract to its covered
territory protege, including--
``(A) positive consideration in any past
performance evaluation of the covered territory mentor;
and
``(B) the application of costs incurred for
providing training to such covered territory protege to
the subcontracting plan (as required under paragraph
(4) or (5) of section 8(d)) of the covered territory
mentor.''.
(2) Mentor-protege relationships.--Section 45(b)(3)(A) of
the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by
striking ``relationships are'' and all that follows through the
period at the end and inserting the following:
``relationships--
``(i) are between a covered protege and a
covered mentor; or
``(ii) are between a covered territory
protege and a covered territory mentor.''.
(3) Definitions.--Section 45(d) of the Small Business Act
(15 U.S.C. 657r(d)) is amended by adding at the end the
following new paragraphs:
``(6) Covered territory mentor.--The term `covered
territory mentor' means a mentor that enters into an agreement
under this Act, or under any mentor-protege program approved
under subsection (b)(1), with a covered territory protege.
``(7) Covered territory protege.--The term `covered
territory protege' means a protege of a covered territory
mentor that is a covered territory business.''.
SEC. 839. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS FOR CERTAIN SMALL BUSINESS ADMINISTRATION
PROGRAMS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 21(a)--
(A) in paragraph (1), by inserting before ``The
Administration shall require'' the following: ``The
previous sentence shall not apply to an applicant that
has its principal office located in the Commonwealth of
the Northern Mariana Islands.''; and
(B) in paragraph (4)(C)(ix), by striking ``and
American Samoa'' and inserting ``American Samoa, and
the Commonwealth of the Northern Mariana Islands''; and
(2) in section 34(a)(9), by striking ``and American Samoa''
and inserting ``American Samoa, and the Commonwealth of the
Northern Mariana Islands''.
SEC. 840. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by
adding at the end the following new subsection:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this subsection, the
term `covered individual' means--
``(A) a member of the Armed Forces, including the
National Guard or Reserves;
``(B) an individual who is participating in the
Transition Assistance Program established under section
1144 of title 10, United States Code;
``(C) an individual who--
``(i) served on active duty in any branch
of the Armed Forces, including the National
Guard or Reserves; and
``(ii) was discharged or released from such
service under conditions other than
dishonorable; and
``(D) a spouse or dependent of an individual
described in subparagraph (A), (B), or (C).
``(2) Establishment.--Beginning on the first October 1
after the enactment of this subsection and for the subsequent 4
fiscal years, the Administrator shall carry out a program to be
known as the `Boots to Business Program' to provide
entrepreneurship training to covered individuals.
``(3) Goals.--The goals of the Boots to Business Program
are to--
``(A) provide assistance and in-depth training to
covered individuals interested in business ownership;
and
``(B) provide covered individuals with the tools,
skills, and knowledge necessary to identify a business
opportunity, draft a business plan, identify sources of
capital, connect with local resources for small
business concerns, and start up a small business
concern.
``(4) Program components.--
``(A) In general.--The Boots to Business Program
may include--
``(i) a presentation providing exposure to
the considerations involved in self-employment
and ownership of a small business concern;
``(ii) an online, self-study course focused
on the basic skills of entrepreneurship, the
language of business, and the considerations
involved in self-employment and ownership of a
small business concern;
``(iii) an in-person classroom instruction
component providing an introduction to the
foundations of self employment and ownership of
a small business concern; and
``(iv) in-depth training delivered through
online instruction, including an online course
that leads to the creation of a business plan.
``(B) Collaboration.--The Administrator may--
``(i) collaborate with public and private
entities to develop course curricula for the
Boots to Business Program; and
``(ii) modify program components in
coordination with entities participating in a
Warriors in Transition program, as defined in
section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (10
U.S.C. 1071 note).
``(C) Use of resource partners.--
``(i) In general.--The Administrator
shall--
``(I) ensure that Veteran Business
Outreach Centers regularly participate,
on a nationwide basis, in the Boots to
Business Program; and
``(II) to the maximum extent
practicable, use a variety of other
resource partners and entities in
administering the Boots to Business
Program.
``(ii) Grant authority.--In carrying out
clause (i), the Administrator may make grants
to Veteran Business Outreach Centers, other
resource partners, or other entities to carry
out components of the Boots to Business
Program.
``(D) Availability to department of defense.--The
Administrator shall make available to the Secretary of
Defense information regarding the Boots to Business
Program, including all course materials and outreach
materials related to the Boots to Business Program, for
inclusion on the website of the Department of Defense
relating to the Transition Assistance Program, in the
Transition Assistance Program manual, and in other
relevant materials available for distribution from the
Secretary of Defense.
``(E) Availability to veterans affairs.--In
consultation with the Secretary of Veterans Affairs,
the Administrator shall make available for distribution
and display at local facilities of the Department of
Veterans Affairs outreach materials regarding the Boots
to Business Program which shall, at a minimum--
``(i) describe the Boots to Business
Program and the services provided; and
``(ii) include eligibility requirements for
participating in the Boots to Business Program.
``(5) Report.--Not later than 180 days after the date of
the enactment of this subsection and every year thereafter, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on the
performance and effectiveness of the Boots to Business Program,
which may be included as part of another report submitted to
such Committees by the Administrator, and which shall include--
``(A) information regarding grants awarded under
paragraph (4)(C);
``(B) the total cost of the Boots to Business
Program;
``(C) the number of program participants using each
component of the Boots to Business Program;
``(D) the completion rates for each component of
the Boots to Business Program;
``(E) to the extent possible--
``(i) the demographics of program
participants, to include gender, age, race,
relationship to military, military occupational
specialty, and years of service of program
participants;
``(ii) the number of small business
concerns formed or expanded with assistance
under the Boots to Business Program;
``(iii) the gross receipts of small
business concerns receiving assistance under
the Boots to Business Program;
``(iv) the number of jobs created with
assistance under the Boots to Business Program;
``(v) the number of referrals to other
resources and programs of the Administration;
``(vi) the number of program participants
receiving financial assistance under loan
programs of the Administration;
``(vii) the type and dollar amount of
financial assistance received by program
participants under any loan program of the
Administration; and
``(viii) results of participant
satisfaction surveys, including a summary of
any comments received from program
participants;
``(F) an evaluation of the effectiveness of the
Boots to Business Program in each region of the
Administration during the most recent fiscal year;
``(G) an assessment of additional performance
outcome measures for the Boots to Business Program, as
identified by the Administrator;
``(H) any recommendations of the Administrator for
improvement of the Boots to Business Program, which may
include expansion of the types of individuals who are
covered individuals;
``(I) an explanation of how the Boots to Business
Program has been integrated with other transition
programs and related resources of the Administration
and other Federal agencies; and
``(J) any additional information the Administrator
determines necessary.''.
SEC. 840A. EMPLOYMENT SIZE STANDARD REQUIREMENTS.
(a) In General.--Section 3(a)(2) of the Small Business Act (15
U.S.C. 632(a)(2)) is amended--
(1) in subparagraph (A), by inserting ``and subject to the
requirements specified under subparagraph (C)'' after
``paragraph (1)''; and
(2) in subparagraph (C)--
(A) by inserting ``(including the Administration
when acting pursuant to subparagraph (A))'' after ``no
Federal department or agency''; and
(B) in clause (ii)(I) by striking ``12 months'' and
inserting ``24 months''.
(b) Effective Date.--This Act and the amendments made by this Act
shall take effect 1 year after the date of the enactment of this Act.
Subtitle E--Other Matters
SEC. 841. MODIFICATIONS TO SUPERVISION AND AWARD OF CERTAIN CONTRACTS.
(a) Supervision of Military Construction Projects.--Section 2851 of
title 10, United States Code, is amended--
(1) in subsection (c)(1)--
(A) by inserting ``or appropriated'' after ``funds
authorized'' each place such term appears; and
(B) in subparagraph (E), by inserting ``,
Facilities Sustainment, Restoration, and Modernization
(FSRM) project,'' after ``military construction
project''; and
(2) in subsection (c)(2)--
(A) by inserting ``, deadline for bid
submissions,'' after ``solicitation date'';
(B) by inserting ``(including the address of such
recipient)'' after ``contract recipient''; and
(C) by adding at the end the following new
subparagraphs:
``(H) Any subcontracting plan required under paragraph (4)
or (5) of section 8(d) of the Small Business Act (15 U.S.C.
637(d)) for the project submitted by the contract recipient to
the Secretary of Defense.
``(I) A detailed written statement describing and
justifying any exception applied or waiver granted under--
``(i) chapter 83 of title 41;
``(ii) section 2533a of this title; or
``(iii) section 2533b of this title.''; and
(3) by adding at the end the following new paragraph:
``(4) The information required to be published on the Internet
website under subsection (c) shall constitute a record for the purposes
of Chapter 21, 29, 31, and 33 of title 44.''.
(b) Requirements Relating to the Award of Covered Military
Construction Contracts.--
(1) Requirements.--Subchapter III of chapter 169 of title
10, United States Code, is amended by inserting after section
2851 the following new section:
``Sec. 2851a. Requirements relating to the award of covered military
construction contracts
``(a) Publication of Certain Information Relating to Covered
Military Construction Contracts.--
``(1) Contractor requirements.--A contractor that has been
awarded a covered military construction contract shall--
``(A) make publicly available on a website of the
General Services Administration or the Small Business
Administration, as applicable, any solicitation under
that covered military construction contract for a
subcontract of an estimated value of $250,000 or more;
and
``(B) submit written notification of the award of
the covered military construction contract, and of any
subcontract awarded under the covered military
construction contract, to the relevant agency of a
covered State that enforces workers' compensation or
minimum wage laws in such covered State.
``(2) Notice.--Upon award of a covered military
construction contract with an estimated value greater than or
equal to $2,000,000, the Secretary concerned shall notify any
applicable Member of Congress representing the covered State in
which that covered military construction contract is to be
performed of such award in a timely manner.
``(3) Federal procurement data system.--The Secretary of
Defense shall ensure that there is a clear and unique
indication of any covered military construction contract with
subcontracting work of an estimated value of $250,000 or more
in the Federal Procurement Data System established pursuant to
section 1122(a)(4) of title 41 (or any successor system).
``(b) Use of Local Firms and Individuals.--
``(1) In general.--To the extent practicable, in awarding a
covered military construction contract, the Secretary concerned
shall give preference to those firms and individuals residing
or doing business primarily in the same State as, or within a
60-mile radius of, the location of the work to be performed
pursuant to the contract.
``(2) Justification required.--The Secretary concerned
shall prepare a written justification, and make such
justification available on the Internet site required under
section 2851 of this title, for the award of any covered
military construction contract to a firm or individual that is
not described under paragraph (1).
``(c) Licensing.--A contractor and any subcontractors performing a
covered military construction contract shall be licensed to perform the
work under such contract in the State in which the work will be
performed.
``(d) Monthly Report.--Not later than 10 days after the end of each
month, the Secretary of Defense shall submit to the congressional
defense committees a report identifying for that month the following:
``(1) Each covered military construction contract and each
subcontract of a covered military construction contract
described in subsection (a)(1)(A) awarded during that month.
``(2) The location of the work to be performed pursuant to
each covered military construction contract and subcontract
identified pursuant to paragraph (1).
``(3) The prime contractor and any subcontractor performing
each covered military construction contract and subcontract
identified pursuant to paragraph (1).
``(4) The estimated value of each covered military
construction contract and subcontract identified pursuant to
paragraph (1).
``(e) Exclusion of Classified Projects.--This section does not
apply to a classified covered military construction project.
``(f) Definitions.--In this section:
``(1) Covered military construction contract.--The term
`covered military construction contract' means a contract for
work on a military construction project, military family
housing project, or Facilities Sustainment, Restoration, and
Modernization (FSRM) project carried out in a covered State.
``(2) Covered state.--The term `covered State' means any of
the several States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, or the Commonwealth of the Northern Mariana Islands.
``(3) Member of congress.--The term `Member of Congress'
has the meaning given the term in section 2106 of title 5.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of title 10, United
States Code, is amended by inserting after the item relating to
section 2851 the following new item:
``2851a. Requirements relating to the award of covered military
construction contracts.''.
(3) Applicability.--Section 2851a of title 10, United
States Code, as added by paragraph (1), shall apply with
respect to a covered military construction contract, as defined
in such section, entered into on or after the date of the
enactment of this Act.
(c) Small Business Credit for Local Businesses.--Section 15 of the
Small Business Act (15 U.S.C. 644) is amended by adding at the end the
following new subsection--
``(y) Small Business Credit for Local Businesses.--
``(1) Credit for meeting subcontracting goals.--If a prime
contractor awards a subcontract (at any tier) to a small
business concern that has its principal office located in the
same State as, or within a 60-mile radius of, the location of
the work to be performed pursuant to the contract of the prime
contractor, the value of the subcontract shall be doubled for
purposes of determining compliance with the goals for
procurement contracts under subsection (g)(1)(A) during such
period.
``(2) Report.--Along with the report required under
subsection (h)(1), the head of each Federal agency shall submit
to the Administrator, and make publicly available on the
scorecard described in section 868(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 933; 15 U.S.C. 644 note), an analysis of the number and
dollar amount of subcontracts awarded pursuant to paragraph (1)
for each fiscal year of the period described in such
paragraph.''.
SEC. 842. AMENDMENTS TO SUBMISSIONS TO CONGRESS RELATING TO CERTAIN
FOREIGN MILITARY SALES.
Section 887(b) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 22 U.S.C. 2761 note) is amended--
(1) by striking ``the Secretary shall'' each place it
appears and inserting ``the Secretary, in consultation with the
Secretary of State, shall'';
(2) in paragraph (1)--
(A) by striking ``December 31, 2021'' and inserting
``December 31, 2024''; and
(B) by striking ``with a value'' and all that
follows through the ``subsection (a)''; and
(3) in paragraph (2), by striking ``December 31, 2021'' and
inserting ``December 31, 2024''.
SEC. 843. REVISIONS TO REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS
FOR FOREIGN MILITARY SALES.
(a) In General.--Section 830 of the National Defense Authorization
Act for Fiscal Year 2017 (22 U.S.C. 2762 note) is amended--
(1) in subsection (a), by inserting ``and subject to
subsection (e)'' after ``enactment of this Act''; and
(2) by adding at the end the following new subsection:
``(e) Applicability.--The regulations prescribed pursuant to
subsection (a) shall not apply to a foreign military sale for which the
foreign country that is the counterparty to such foreign military sale
has requested a modification to the defense service or defense article
that is the subject of such foreign military sale that would require
significant development work.''; and
(3) in subsection (c), by adding at the end the following
new sentence: ``The Secretary may not delegate the authority to
exercise such a waiver below the level of the service
acquisition executive (as defined in section 101(a)(10) of
title 10, United States Code).''.
(b) Implementation.--The Secretary of Defense shall--
(1) not later than 120 days after the date of the enactment
of this Act, issue guidance to carry out the amendments made by
this section; and
(2) not later than February 1, 2021, revise the Department
of Defense Supplement to the Federal Acquisition Regulation to
carry out the amendments made by this section.
SEC. 844. SMALL BUSINESS INDUSTRIAL BASE RESILIENCY PROGRAM.
(a) Establishment.--The Assistant Secretary of Defense for
Industrial Base Policy (established under section 902 of this Act)
shall establish a program to be known as the ``Small Business
Industrial Base Resiliency Program'' under which the Assistant
Secretary shall enter into transactions to purchase or to make a
commitment to purchase goods or services from small business concerns
as described in subsection (b) to respond to the COVID-19 pandemic.
(b) Uses of Transactions.--A transaction entered into pursuant to
the authority under this section shall--
(1) support the monitoring and assessment of small business
concerns that enter into such a transaction;
(2) address critical issues in the industrial base relating
to urgent operational needs in response to the COVID-19
pandemic;
(3) support efforts to create, maintain, protect, expand,
or restore the industrial base in response to the COVID-19
pandemic; and
(4) as applicable, address supply chain vulnerabilities
related to the COVID-19 pandemic for small business concerns
that enter into such a transaction.
(c) Duration.--The term of a transaction entered into pursuant to
the authority under this section shall be 2 years.
(d) Liabilities.--With respect to any transaction entered into
pursuant to the authority under this section on or after the date of
enactment of this Act, if such transaction imposes any contingent
liability upon the United States, such liability shall be recorded as
an obligation against amounts made available from the Research and
Development, Defense-Wide, Pandemic Preparedness and Resilience
National Security Fund under section 1003 in an amount equal to the
maximum amount of the contingency at the time such transaction is
entered into.
(e) Report.--Not later than March 1, 2021, the Assistant Secretary
of Defense for Industrial Base Policy shall submit to the appropriate
committees a report that includes the following:
(1) A description of any guidance or policy issued to carry
out this section.
(2) A description of any relevant assessments prepared to
address critical issues in the industrial base relating to
urgent operational needs related to the COVID-19 pandemic.
(3) A description of any transaction entered into pursuant
to the authority under this section, and the impact such
transaction has had on the response of the Department of
Defense to the COVID-19 pandemic.
(4) A prioritized list of gaps or vulnerabilities in the
transactions of the industrial base in which small business
concerns participate that are related the COVID-19 pandemic,
including--
(A) a description of mitigation strategies
necessary to address such gaps or vulnerabilities;
(B) the identification of the Secretary concerned
or the head of the Defense Agency responsible for
addressing such gaps or vulnerabilities; and
(C) a proposed timeline for action to address such
gaps or vulnerabilities.
(5) Identification of each transaction designed to sustain
specific essential technological and industrial capabilities
and processes of the industrial base in which small business
concerns participate that are related to the COVID-19 pandemic.
(6) Any other steps necessary to foster and safeguard the
industrial base in which small business concerns participate
due to the impact of the COVID-19 pandemic.
(f) Funding.--The Assistant Secretary of Defense for Industrial
Base Policy shall use amounts authorized to be appropriated for
Research and Development, Defense-Wide, Pandemic Preparedness and
Resilience National Security Fund under section 1003 to carry out the
requirements of this section.
(g) Definitions.--In this Act:
(1) Appropriate committees.--The term ``covered
committees'' means--
(A) the Committees on Armed Services of the Senate
and the House of Representatives; and
(B) the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives.
(2) COVID-19 pandemic.--The term ``COVID-19 pandemic''
means the national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.).
(3) Defense agency.--The term ``Defense Agency'' has the
meaning given in section 101 of title 10, United States Code.
(4) Secretary concerned.--The term ``Secretary concerned''
has the meaning given in section 101 of title 10, United States
Code.
(5) Small business concern.--The term ``small business
concern'' has the meaning given under section 3 of the Small
Business Act (15 U.S.C. 632)).
SEC. 845. REQUIREMENTS RELATING TO REPORTS AND LIMITATIONS ON THE
AVAILABILITY OF FUNDS.
(a) Limitation on the Availability of Funds Relating to the Defense
Civilian Training Corps Program.--
(1) Initial plan and schedule.--Beginning on October 1,
2020, if the Secretary of Defense has not submitted the plan
and schedule to implement the Defense Civilian Training Corps
program required under section 860(b)(1) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1514; 10 U.S.C. 2200g note), not more than 25
percent of the funds specified in paragraph (3) may be
obligated or expended until the date on which such plan and
schedule has been submitted.
(2) Expansion plan and schedule.--Beginning on January 1,
2021, if the Secretary of Defense has not submitted the
expansion plan and schedule relating to the Defense Civilian
Training Corps program required under section 860(b)(2) of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1514; 10 U.S.C. 2200g note), not more
than 50 percent of the funds specified in paragraph (3) may be
obligated or expended until the date on which such expansion
plan and schedule has been submitted.
(3) Funds specified.--The funds specified in this paragraph
are the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the
Department of Defense for the following:
(A) The immediate office of the Secretary of
Defense.
(B) The Office of the Under Secretary of Defense
for Personnel and Readiness.
(C) The Office of the Under Secretary of Defense
for Research and Engineering.
(D) The Office of the Under Secretary of Defense
for Acquisition and Sustainment.
(b) Report and Limitation on the Availability of Funds Relating to
the Extramural Acquisition Innovation and Research Activities.--
(1) Report.--Not later than October 1, 2020, the Under
Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees a report--
(A) on the establishment of the extramural
acquisition innovation and research activities required
under section 2361a of title 10, United States Code (as
added by section 835(a)(1) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1494)); and
(B) that includes the name of the Director
appointed under section 2361a(c) of such title (as
added by section 835(a)(1) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1494)).
(2) Limitation.--
(A) In general.--Beginning on October 1, 2020, if
the Under Secretary of Defense for Acquisition and
Sustainment has not submitted the report required under
paragraph (1), not more than 25 percent of the funds
specified in subparagraph (B) may be obligated or
expended until the date on which such report has been
submitted.
(B) Funds specified.--The funds specified in this
subparagraph are the funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2021 for the Department of Defense for
the following:
(i) The immediate office of the Secretary
of Defense.
(ii) The Office of the Under Secretary of
Defense for Research and Engineering.
(iii) The Office of the Under Secretary of
Defense for Acquisition and Sustainment.
(c) Report and Limitation on the Availability of Funds Relating to
the Eliminating the Gaps and Vulnerabilities in the National Technology
and Industrial Base.--
(1) Report.--Not later than October 1, 2020, the Secretary
of Defense shall submit to the congressional defense committees
the national security strategy for national technology and
industrial base required by section 2501(a) of title 10, United
States Code.
(2) Limitation.--
(A) In general.--Beginning on October 1, 2020, if
the Secretary of Defense has not submitted the report
required under paragraph (1), not more than 25 percent
of the funds specified in subparagraph (B) may be
obligated or expended until the date on which such
report has been submitted.
(B) Funds specified.--The funds specified in this
subparagraph are the funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2021 for the Department of Defense for
the following:
(i) The immediate office of the Secretary
of Defense.
(ii) The Office of the Under Secretary of
Defense for Acquisition and Sustainment.
SEC. 846. ASSESSMENT OF THE REQUIREMENTS PROCESSES OF THE MILITARY
DEPARTMENTS.
(a) Assessment.--The Secretary of the military department concerned
shall assess the requirements process of the military department and
make recommendations to improve the agility and timeliness of such
requirements process for acquisition programs of the military
department.
(b) Report.--
(1) In general.--Not later than March 31, 2021, each
Secretary of a military department shall submit to the
congressional defense committees a report on the assessment
conducted pursuant to subsection (a) and specific plans to
update the requirements processes of the military department
concerned based on such assessment.
(2) Elements.--Each report shall include an analysis of and
recommended improvements for the following elements:
(A) If appropriate, information from the report
required in section 800(f) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92).
(B) The alignment of the requirements processes,
acquisition system, and budget process of the military
department concerned.
(C) The requirements process for each acquisition
pathway of the adaptive acquisition framework (as
described in Department of Defense Instruction 5000.02,
``Operation of the Adaptive Acquisition Framework''),
including the time it takes to complete requirements
development and approval process for each pathway.
(D) For each acquisition pathway described in
subparagraph (C), the processes for and the extent to
which detailed systems engineering and requirements
trade-off analyses are done before the development of
requirements begins for a specific acquisition program
to ensure that risks are understood and accounted for
and that both top-level and derived requirements
(development as well as reliability and
maintainability) are achievable within cost, schedule,
and technology constraints.
(E) Organizational roles and responsibilities of
individuals with responsibilities relating to the
requirements process for the military department
concerned, including the role, composition, and metrics
used to assess the effectiveness of any requirements
oversight council of the military department concerned.
(F) The composition and sufficiency of individuals
who develop requirements for the military department
concerned, including any acquisition workforce planning
and personnel shortfalls and resources needed to
address any such shortfalls.
(G) The ability of the requirements process to
address the urgent needs of the military department
concerned.
(H) The capacity to review changes in requirements
for programs of record.
(I) The validation of decisions made from the
requirements process and the alignment of each such
decision to the national defense strategy required
under section 113(g) of title 10, United States Code.
(J) The use of portfolio management in the
requirements process to coordinate decisions and avoid
any duplication of requirements across acquisition
programs.
(K) The implementation of recommendations on the
process from the Comptroller General of the United
States by each military department.
(L) Identification and comparison of best practices
in the private sector and the public sector for the
requirements development and approval process.
(M) Other recommendations to improve the process of
establishing requirements, including lessons learned
from responding to the COVID-19 pandemic.
(N) Any additional matters that the Secretaries
determine appropriate.
SEC. 847. REPORT ON TRANSFER AND CONSOLIDATION OF CERTAIN DEFENSE
ACQUISITION STATUTES.
Not later than February 21, 2021, the Secretary of Defense shall
submit to the congressional defense committees a report containing a
comprehensive legislative proposal for the transfer and consolidation
of statutes within the framework for part V of subtitle A of title 10,
United States Code (as enacted by section 801 of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)), along
with conforming amendments to law required by such transfer and
consolidation. Such report shall include an assessment of the effect of
such transfer and consolidation on related Department of Defense
activities, guidance, and interagency coordination.
SEC. 848. PROHIBITION ON CONTRACTING WITH PERSONS WITH WILLFUL OR
REPEATED VIOLATIONS OF THE FAIR LABOR STANDARDS ACT OF
1938.
The head of a Federal department or agency (as defined in section
102 of title 40, United States Code) shall initiate a debarment
proceeding with respect to a person for whom information regarding four
or more willful or repeated violation of the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.) as determined by a disposition
described under subsection (c)(1) of section 2313 of title 41, United
States Code, and issued in the last 4 years, is included in the
database established under subsection (a) of such section. The head of
the department or agency shall use discretion in determining whether
the debarment is temporary or permanent.
SEC. 849. REESTABLISHMENT OF COMMISSION ON WARTIME CONTRACTING.
(a) In General.--There is hereby reestablished in the legislative
branch under section 841 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 230) the Commission on
Wartime Contracting.
(b) Amendment to Duties.--Section 841(c)(1) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
231) is amended to read as follows:
``(1) General duties.--The Commission shall study the
following matters:
``(A) Federal agency contracting funded by overseas
contingency operations funds.
``(B) Federal agency contracting for the logistical
support of coalition forces operating under the
authority of the 2001 or 2002 Authorization for the Use
of Military Force.
``(C) Federal agency contracting for the
performance of security functions in countries where
coalition forces operate under the authority of the
2001 or 2002 Authorization for the Use of Military
Force''.
(c) Conforming Amendments.--Section 841 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
230) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``the Committee
on Oversight and Government Reform'' each place it
appears and inserting ``the Committee on Oversight and
Reform'';
(B) in paragraph (2), by striking ``of this Act''
and inserting ``of the Wartime Contracting Commission
Reauthorization Act of 2019''; and
(C) in paragraph (4), by striking ``was first
established'' each place it appears and inserting ``was
reestablished by the Wartime Contracting Commission
Reauthorization Act of 2019''; and
(2) in subsection (d)(1), by striking ``On March 1, 2009''
and inserting ``Not later than 1 year after the date of
enactment of the Wartime Contracting Commission Reauthorization
Act of 2019''.
SEC. 850. REPORT ON CERTAIN CONTRACTS RELATING TO CONSTRUCTION OR
MAINTENANCE OF A BORDER WALL.
The Secretary of Defense shall include on a public website of the
Department of Defense a list of any contracts, including any task order
contract (as such term is defined in section 2304d of title 10, United
States Code) and any modifications to a contract, entered into by the
Secretary relating to the construction or maintenance of a barrier
along the international border between the United States and Mexico
that have an estimated value equal to or greater than $7,000,000.
SEC. 851. CONGRESSIONAL OVERSIGHT OF PRIVATE SECURITY CONTRACTOR
CONTRACTS.
(a) Report of Certain Contracts and Task Orders.--
(1) Requirement regarding contracts and task orders.--The
Inspector General of the Department of Defense shall compile a
report of the work performed or to be performed under a covered
contract during the period beginning on October 1, 2001, and
ending on the last day of the month during which this Act is
enacted for work performed or work to be performed in areas of
contingency operations.
(2) Form of submissions.--The report required by paragraph
(1) shall be submitted in unclassified form, to the maximum
extent possible, but may contain a classified annex, if
necessary.
(b) Reports on Contracts for Work To Be Performed in Areas of
Contingency Operations and Other Significant Military Operations.--The
Inspector General of the Department of Defense shall submit to each
specified congressional committee a report not later than 60 days after
the date of the enactment of this Act that contains the following
information:
(1) The number of civilians performing work in areas of
contingency operations under covered contracts.
(2) The total cost of such covered contracts.
(3) The total number of civilians who have been wounded or
killed in performing work under such covered contracts.
(4) A description of the disciplinary actions that have
been taken against persons performing work under such covered
contracts by the contractor, the United States Government, or
the government of any country in which the area of contingency
operations is located.
(c) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means
a contract for private security entered into by the Secretary
of Defense in an amount greater than $5,000,000.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning provided by section 101(a)(13) of
title 10, United States Code.
(3) Specified congressional committees.--The term
``specified congressional committees'' means the Committees on
Armed Services of the Senate and the House of Representatives.
SEC. 852. REVISIONS TO THE UNIFIED FACILITIES CRITERIA REGARDING THE
USE OF VARIABLE REFRIGERANT FLOW SYSTEMS.
(a) In General.--The Under Secretary of Defense for Acquisition and
Sustainment shall publish any proposed revisions to the Unified
Facilities Criteria regarding the use of variable refrigerant flow
systems in the Federal Register and shall specify a comment period of
at least 60 days.
(b) Notice.--The Secretary shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a written
notice and justification for any proposed revisions to the Unified
Facilities Criteria regarding the use of variable refrigerant flow
systems not later than 30 days after the date of publication in the
Federal Register.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. REPEAL OF POSITION OF CHIEF MANAGEMENT OFFICER.
(a) Repeal of Position of Chief Management Officer.--
(1) In general.--Section 132a of title 10, United States
Code is repealed.
(2) Conforming amendments and repeals.--
(A) Paragraph (2) of section 131(b) of title 10,
United States Code, is repealed.
(B) The table of sections at the beginning of
chapter 4 of title 10, United States Code, is amended
by striking the item relating to section 132a.
(C) Section 910 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 131 Stat. 1516) is repealed.
(3) Effective date.--The amendments and repeals made by
paragraphs (1) and (2) shall take effect 30 days after the date
of the enactment of this Act.
(b) Implementation.--On the effective date of the amendments and
repeals under subsection (a)--
(1) any duties and responsibilities that remain assigned to
the Chief Management Officer of the Department of Defense shall
be transferred to a single official selected by the Secretary
of Defense, except that such official may not be an individual
who served as the Chief Management Officer before such
effective date;
(2) the personnel, functions, and assets of the Office of
the Chief Management Officer shall be transferred to such other
organizations and elements of the Department as the Secretary
determines appropriate; and
(3) any reference in Federal law, regulations, guidance,
instructions, or other documents of the Federal Government to
the Chief Management Officer of the Department of Defense shall
be deemed to be a reference to the official selected by the
Secretary under paragraph (1)).
(c) Legislative Proposal.--Not later than 180 days 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
comprehensive legislative proposal for additional conforming amendments
to law required by the amendments and repeals made by this section.
SEC. 902. ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE POLICY.
(a) In General.--
(1) Assistant secretaries of defense.--Section 138 of title
10, United States Code, is amended--
(A) in subsection (a)(1), by striking ``13'' and
inserting ``14''; and
(B) in subsection (b), by adding at the end the
following new paragraph:
``(6) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Industrial Base Policy. In addition to
any duties and powers prescribed under paragraph (1), the
Assistant Secretary of Defense for Industrial Base Policy shall
have the duties described in section 139c of this title.''.
(2) Assistant secretary of defense for industrial base
policy.--Chapter 4 of subtitle A of title 10, United States
Code, is amended by inserting after section 139b the following
new section:
``Sec. 139c. Assistant Secretary of Defense for Industrial Base Policy
``(a) In General.--The Assistant Secretary of Defense for
Industrial Base Policy shall report to the Under Secretary of Defense
for Acquisition and Sustainment.
``(b) Responsibilities.--The Assistant Secretary of Defense for
Industrial Base Policy shall be the head of the Office of Defense
Industrial Base Policy and shall serve as the principal advisor to the
Under Secretary of Defense for Acquisition and Sustainment in the
performance of the Under Secretary's duties relating to the following:
``(1) Providing input to strategy reviews on matters
related to--
``(A) the defense industrial base; and
``(B) materials critical to national security (as
defined in section 187(e)(1) of this title).
``(2) Establishing policies of the Department of Defense
for developing and maintaining the defense industrial base of
the United States and ensuring a secure supply of materials
critical to national security.
``(3) Providing recommendations on budget matters
pertaining to the defense industrial base, the supply chain,
and the development and retention of skills necessary to
support the defense industrial base.
``(4) Providing recommendations and acquisition policy
guidance on defense supply chain management and supply chain
vulnerability throughout the entire defense supply chain, from
suppliers of raw materials to producers of major end items.
``(5) Establishing the national security objectives
concerning the national technology and industrial base required
under section 2501 of this title.
``(6) Executing the national defense program for analysis
of the national technology and industrial base required under
section 2503 of this title.
``(7) Performing the national technology and industrial
base periodic defense capability assessments required under
section 2505 of this title.
``(8) Establishing the technology and industrial base
policy guidance required under section 2506 of this title.
``(9) Providing policy and oversight of matters related to
materials critical to national security to ensure a secure
supply of such materials to the Department of Defense.
``(10) Carrying out the activities of the Department of
Defense relating to the Defense Production Act Committee
established under section 722 of the Defense Production Act of
1950 (50 U.S.C. App. 2171).
``(11) Consistent with section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2062(b)), executing
other applicable authorities provided under the Defense
Production Act of 1950 (50 U.S.C. App. 2061 et seq.), including
authorities under titles I and III of such Act.
``(12) Establishing Department of Defense policies related
to international defense technology security and export control
issues.
``(13) Establishing policies related to industrial
independent research and development programs under section
2372 of this title.
``(14) Coordinating with the Director of Small Business
Programs on all matters related to industrial base policy of
the Department of Defense.
``(15) Ensuring reliable sources of materials critical to
national security, such as specialty metals, armor plate, and
rare earth elements.
``(16) Establishing policies of the Department of Defense
for continued reliable resource availability from secure
sources for the defense industrial base of the United States.
``(17) Establishing policies related to a procurement
technical assistance program funded under this chapter 142 of
this title.
``(18) Such other duties as are assigned by the Under
Secretary.
``(c) Rules of Construction Relating to Defense Production Act.--
Nothing in this section shall be construed to modify the authorities or
responsibilities of any officer or employee of the United States under
the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including
those authorities and responsibilities specified in Department of
Defense Directive 4400.01E (or any successor directive). In addition,
nothing in subsection (b)(9) shall be construed to limit the authority
or modify the policies of the Committee on Foreign Investment in the
United States established under section 721(k) of such Act (50 U.S.C.
4565(k)).''.
(3) Clerical amendment.--The table of contents for chapter
4 of subtitle A of title 10, United States Code, is amended by
inserting after the item relating to section 139b the following
new item:
``139c. Assistant Secretary of Defense for Industrial Base Policy.''.
(b) Continuation of Service.--The Deputy Assistant Secretary of
Defense for Industrial Policy shall be the individual serving as the
Assistant Secretary of Defense for Industrial Base Policy (as
established under section 139c(a) of title 10, United States Code, as
added by subsection (a)) until the President has appointed an
individual to serve as Assistant Secretary of Defense for Industrial
Base Policy pursuant to section 138 of title 10, United States Code.
(c) Transfer of Office of Industrial Policy to Office of Defense
Industrial Base Policy.--
(1) Transfer of functions.--Not later than 180 days after
the date of the enactment of this Act, all functions that,
immediately before such date of enactment, were functions of
the Office of Industrial Policy of the Department of Defense
shall be transferred to the Office of Defense Industrial Base
Policy.
(2) Transfer of assets.--So much of the personnel,
property, records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available,
or to be made available in connection with a function
transferred under paragraph (1) shall be available to the
Office of Defense Industrial Base Policy at such time or times
as the President directs for use in connection with the
functions transferred.
(3) Termination.--The Office of Industrial Policy of the
Department of Defense shall terminate on the earlier of--
(A) the effective date of the transfers under
paragraph (1); or
(B) 180 days after the date of the enactment of
this Act.
SEC. 903. ASSIGNMENT OF RESPONSIBILITY FOR THE ARCTIC REGION WITHIN THE
OFFICE OF THE SECRETARY OF DEFENSE.
The Assistant Secretary of Defense for International Security
Affairs shall assign responsibility for the Arctic region to the Deputy
Assistant Secretary of Defense for the Western Hemisphere or any other
Deputy Assistant Secretary of Defense the Secretary of Defense
considers appropriate.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. LIMITATION ON REDUCTION OF CIVILIAN WORKFORCE.
Section 129a(b) of title 10, United States Code, is amended by
adding at the end the following: ``The Secretary may not reduce the
civilian workforce programmed full-time equivalent levels unless the
Secretary conducts an appropriate analysis of the impacts of such
reductions on workload, military force structure, lethality, readiness,
operational effectiveness, stress on the military force, and fully
burdened costs.''.
SEC. 912. CHIEF DIVERSITY OFFICERS.
(a) Department of Defense.--
(1) In general.--Chapter 4 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 146. Chief Diversity Officer
``(a) Chief Diversity Officer.--(1) There is a Chief Diversity
Officer of the Department of Defense, appointed from civilian life by
the President, by and with the advice and consent of the Senate.
``(2) The Chief Diversity Officer shall be appointed from among
persons who have an extensive management or business background and
experience with diversity and inclusion. A person may not be appointed
as Chief Diversity Officer within seven years after relief from active
duty as a commissioned officer of a regular component of an armed
force.
``(b) Powers and Duties.--The Chief Diversity Officer--
``(1) is responsible for policy, oversight, guidance, and
coordination for all matters of the Department of
Defenserelated to diversity and inclusion;
``(2) exercises authority to direct the Secretaries of the
military departments and the heads of all other elements of the
Department with regard to matters for which the Chief Diversity
Officer has responsibility under this section;
``(3) exercises authority, direction, and control over the
Office of People Analytics, or any successor organization;
``(4) shall establish and maintain a Department of Defense
strategic plan that publicly states a diversity definition,
vision, and goals for the Department of Defense;
``(5) shall define a set of strategic metrics that are
directly linked to key organizational priorities and goals,
actionable, and actively used to implement the strategic plan;
``(6) shall establish training in diversity dynamics and
training in practices for leading diverse groups effectively;
``(7) shall establish and maintain a strategic plan for
diverse participation by institutions of higher education
(including historically black colleges and universities and
minority-serving institutions), federally funded research and
development centers, and individuals in defense-related
research, development, testing, and evaluation activities;
``(8) shall establish and maintain a strategic plan for
outreach to, and recruiting from, untapped locations and
underrepresented demographic groups;
``(9) shall conduct regular, rigorous evaluations and
assessments of diversity within the Department of Defense; and
``(10) shall perform such additional duties and exercise
such powers as the Secretary of Defense may prescribe.
``(c) Precedence in the Department of Defense.--(1) The Chief
Diversity Officer shall report directly to the Secretary of Defense in
the performance of duties under this section.
``(2) The Chief Diversity Officer takes precedence in the
Department of Defense after the Chief Management Officer.''.
(2) Technical and conforming amendments.--
(A) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
``146. Chief Diversity Officer.''.
(B) Section 136(b) of such title is amended by
inserting ``the Chief Diversity Officer and'' after
``control of the Secretary of Defense,''.
(b) Department of the Army.--
(1) In general.--Chapter 703 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7025. Chief Diversity Officer
``(a) Chief Diversity Officer.--(1) There is a Chief Diversity
Officer of the Department of the Army, appointed from civilian life by
the President, by and with the advice and consent of the Senate.
``(2) The Chief Diversity Officer shall be appointed from among
persons who have an extensive management or business background and
experience with diversity and inclusion.
``(b) Powers and Duties.--The Chief Diversity Officer--
``(1) is responsible for policy, oversight, guidance, and
coordination for all matters of the Department of the Army
related to diversity and inclusion;
``(2) exercises authority to direct the heads of all other
elements of the Department with regard to matters for which the
Chief Diversity Officer has responsibility under this section;
``(3) shall establish training in diversity dynamics and
training in practices for leading diverse groups effectively;
``(4) shall conduct regular, rigorous evaluations and
assessments of diversity within the Department of the Army; and
``(5) shall perform such additional duties and exercise
such powers as the Secretary of the Army may prescribe.''.
(2) Technical and conforming amendments.--
(A) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
``7025. Chief Diversity Officer.''.
(B) Section 7014(b) of such title is amended by--
(i) by redesignating paragraphs (2) through
(8) as paragraphs (3) through (9),
respectively; and
(ii) by inserting after paragraph (1), the
following new paragraph (2):
``(2) The Chief Diversity Officer.''.
(C) Section 7014(c)(1) of such title is amended by
adding at the end the following new subparagraph (H):
``(H) Diversity and inclusion.''.
(c) Department of the Navy.--
(1) In general.--Chapter 803 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8029. Chief Diversity Officer
``(a) Chief Diversity Officer.--(1) There is a Chief Diversity
Officer of the Department of the Navy, appointed from civilian life by
the President, by and with the advice and consent of the Senate.
``(2) The Chief Diversity Officer shall be appointed from among
persons who have an extensive management or business background and
experience with diversity and inclusion.
``(b) Powers and Duties.--The Chief Diversity Officer--
``(1) is responsible for policy, oversight, guidance, and
coordination for all matters of the Department of the Navy
related to diversity and inclusion;
``(2) exercises authority to direct the heads of all other
elements of the Department with regard to matters for which the
Chief Diversity Officer has responsibility under this section;
``(3) shall establish training in diversity dynamics and
training in practices for leading diverse groups effectively;
``(4) shall conduct regular, rigorous evaluations and
assessments of diversity within the Department of the Navy; and
``(5) shall perform such additional duties and exercise
such powers as the Secretary of the Navy may prescribe.''.
(2) Technical and conforming amendments.--
(A) The table of sections at the beginning of
chapter 803 of title 10, United States Code, is amended
by adding at the end the following new item:
``8029. Chief Diversity Officer.''.
(B) Section 8014(b) of such title is amended by--
(i) by redesignating paragraphs (2) through
(8) as paragraphs (3) through (9),
respectively; and
(ii) by inserting after paragraph (1), the
following new paragraph (2):
``(2) The Chief Diversity Officer.''.
(C) Section 8014(c)(1) of such title is amended by
adding at the end the following new subparagraph (H):
``(H) Diversity and inclusion.''.
(d) Department of the Air Force.--
(1) In general.--Chapter 903 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 9025. Chief Diversity Officer
``(a) Chief Diversity Officer.--(1) There is a Chief Diversity
Officer of the Department of the Air Force, appointed from civilian
life by the President, by and with the advice and consent of the
Senate.
``(2) The Chief Diversity Officer shall be appointed from among
persons who have an extensive management or business background and
experience with diversity and inclusion.
``(b) Powers and Duties.--The Chief Diversity Officer--
``(1) is responsible for policy, oversight, guidance, and
coordination for all matters of the Department of the Air Force
related to diversity and inclusion;
``(2) exercises authority to direct the heads of all other
elements of the Department with regard to matters for which the
Chief Diversity Officer has responsibility under this section;
``(3) shall establish training in diversity dynamics and
training in practices for leading diverse groups effectively;
``(4) shall conduct regular, rigorous evaluations and
assessments of diversity within the Department of the Air
Force; and
``(5) shall perform such additional duties and exercise
such powers as the Secretary of the Air Force may prescribe.''.
(2) Technical and conforming amendments.--
(A) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
``9025. Chief Diversity Officer.''.
(B) Section 9014(b) of such title is amended by--
(i) by redesignating paragraphs (2) through
(8) as paragraphs (3) through (9),
respectively; and
(ii) by inserting after paragraph (1), the
following new paragraph (2):
``(2) The Chief Diversity Officer.''.
(C) Section 9014(c)(1) of such title is amended by
adding at the end the following new subparagraph (H):
``(H) Diversity and inclusion.''.
(e) Coast Guard.--
(1) In general.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new section:
``Sec. 321. Chief Diversity Officer
``(a) Establishment.--(1) There is a Chief Diversity Officer of the
Coast Guard, appointed from civilian life by the President, by and with
the advice and consent of the Senate.
``(2) The Chief Diversity Officer shall be appointed from among
persons who have an extensive management or business background and
experience with diversity and inclusion.
``(b) Powers and Duties.--The Chief Diversity Officer--
``(1) is responsible for policy, oversight, guidance, and
coordination for all matters of the Coast Guard related to
diversity and inclusion;
``(2) exercises authority to direct the heads of all other
elements of the Coast Guard with regard to matters for which
the Chief Diversity Officer has responsibility under this
section;
``(3) shall establish training in diversity dynamics and
training in practices for leading diverse groups effectively;
``(4) shall conduct regular, rigorous evaluations and
assessments of diversity within the Coast Guard; and
``(5) shall perform such additional duties and exercise
such powers as the Commandant may prescribe.
``(c) Precedence.--The Chief Diversity Officer shall report
directly to the Commandant in the performance of duties under this
section.''.
(2) Technical and conforming amendments.--The table of
sections at the beginning of such chapter is amended by adding
at the end the following new item:
``321. Chief Diversity Officer.''.
(f) Effective Date.--The amendments made by this section shall take
effect on February 1, 2021.
SEC. 913. ESTABLISHMENT OF DEPUTY ASSISTANT SECRETARIES FOR
SUSTAINMENT.
(a) Department of the Army.--
(1) In general.--Chapter 703 of title 10, United States
Code, as amended by section 912(b) of this Act, is further
amended by adding at the end the following new section:
``Sec. 7026. Deputy Assistant Secretary of the Army for Sustainment
``(a) Appointment.--There is a Deputy Assistant Secretary of the
Army for Sustainment, who shall be appointed by the Secretary of the
Army.
``(b) Responsibilities.--The Deputy Assistant Secretary of the Army
for Sustainment shall have the following responsibilities with respect
to major weapon systems acquired for the Department of the Army:
``(1) Reviewing and providing oversight of the sustainment
baseline cost estimates required by section 2366d of this
title.
``(2) Participating in any review of a life-cycle
sustainment plan conducted pursuant to section 2366d of this
title.
``(3) Ensuring that cost modeling, performance metrics, and
data analytics are used--
``(A) to inform and update life-cycle sustainment
plans;
``(B) to develop, with respect to the major weapon
system to which such plan relates, the budget of the
President for the fiscal year as submitted to Congress
pursuant to section 1105 of title 31; and
``(C) to inform the Secretary of the Army when
assumptions made in the development of a sustainment
baseline cost estimate are no longer valid or when new
opportunities arise to reduce costs or improve
efficiency.
``(4) Making recommendations to the senior acquisition
executive of the Army regarding the most cost-effective
sustainment strategy to incorporate into each life-cycle
sustainment plan.
``(5) Balancing the range of sustainment activities for
each major weapon system to achieve the optimal balance of
affordability, viable military depots and shipyards, and
contracted product support arrangements.
``(6) Advise the Secretary of the Army regarding the
overall alignment of the sustainment activities, the operations
of the sustainment supply chain, and strategic readiness.
``(c) Definitions.--The terms `life-cycle sustainment plan', `major
weapon system' , and `sustainment baseline cost estimate' have the
meanings given in section 2366d of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 703 of title 10, United States Code, is
amended by adding at the end the following new item:
``7026. Deputy Assistant Secretary of the Army for Sustainment.''.
(b) Department of the Navy.--
(1) In general.--Chapter 803 of title 10, United States
Code, as amended by section 912(c) of this Act, is further
amended by adding at the end the following new section:
``Sec. 8029a. Deputy Assistant Secretary of the Navy for Sustainment
``(a) Appointment.--There is a Deputy Assistant Secretary of the
Navy for Sustainment, who shall be appointed by the Secretary of the
Navy.
``(b) Responsibilities.--The Deputy Assistant Secretary of the Navy
for Sustainment shall have the following responsibilities with respect
to major weapon systems acquired for the Department of the Navy:
``(1) Reviewing and providing oversight of the sustainment
baseline cost estimates required by section 2366d of this
title.
``(2) Participating in any review of a life-cycle
sustainment plan conducted pursuant to section 2366d of this
title.
``(3) Ensuring that cost modeling, performance metrics, and
data analytics are used--
``(A) to inform and update life-cycle sustainment
plans;
``(B) to develop, with respect to the major weapon
system to which such plan relates, the budget of the
President for the fiscal year as submitted to Congress
pursuant to section 1105 of title 31; and
``(C) to inform the Secretary of the Navy when
assumptions made in the development of a sustainment
baseline cost estimate are no longer valid or when new
opportunities arise to reduce costs or improve
efficiency.
``(4) Making recommendations to the senior acquisition
executive of the Navy regarding the most cost-effective
sustainment strategy to incorporate into each life-cycle
sustainment plan.
``(5) Balancing the range of sustainment activities for
each major weapon system to achieve the optimal balance of
affordability, viable military depots and shipyards, and
contracted product support arrangements.
``(6) Advise the Secretary of the Navy regarding the
overall alignment of the sustainment activities, the operations
of the sustainment supply chain, and strategic readiness.
``(c) Definitions.--The terms `life-cycle sustainment plan', `major
weapon system' , and `sustainment baseline cost estimate' have the
meanings given in section 2366d of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 803 of title 10, United States Code, is
amended by adding at the end the following new item:
``8029a. Deputy Assistant Secretary of the Navy for Sustainment.''.
(c) Department of the Air Force.--
(1) In general.--Chapter 903 of title 10, United States
Code, as amended by section 912(d) of this Act, is further
amended by adding at the end the following new section:
``Sec. 9026. Deputy Assistant Secretary of the Air Force for
Sustainment
``(a) Appointment.--There is a Deputy Assistant Secretary of the
Air Force for Sustainment, who shall be appointed by the Secretary of
the Air Force.
``(b) Responsibilities.--The Deputy Assistant Secretary of the Air
Force for Sustainment shall have the following responsibilities with
respect to major weapon systems acquired for the Department of the Air
Force:
``(1) Reviewing and providing oversight of the sustainment
baseline cost estimates required by section 2366d of this
title.
``(2) Participating in any review of a life-cycle
sustainment plan conducted pursuant to section 2366d of this
title.
``(3) Ensuring that cost modeling, performance metrics, and
data analytics are used--
``(A) to inform and update life-cycle sustainment
plans;
``(B) to develop, with respect to the major weapon
system to which such plan relates, the budget of the
President for the fiscal year as submitted to Congress
pursuant to section 1105 of title 31; and
``(C) to inform the Secretary of the Air Force when
assumptions made in the development of a sustainment
baseline cost estimate are no longer valid or when new
opportunities arise to reduce costs or improve
efficiency.
``(4) Making recommendations to the senior acquisition
executive of the Air Force regarding the most cost-effective
sustainment strategy to incorporate into each life-cycle
sustainment plan.
``(5) Balancing the range of sustainment activities for
each major weapon system to achieve the optimal balance of
affordability, viable military depots and shipyards, and
contracted product support arrangements.
``(6) Advise the Secretary of the Air Force regarding the
overall alignment of the sustainment activities, the operations
of the sustainment supply chain, and strategic readiness.
``(c) Definitions.--The terms `life-cycle sustainment plan', `major
weapon system', and `sustainment baseline cost estimate' have the
meanings given in section 2366d of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 903 of title 10, United States Code, is
amended by adding at the end the following new item:
``9026. Deputy Assistant Secretary of the Air Force for Sustainment.''.
SEC. 914. OFFICE OF DEFENSE COMMUNITY COOPERATION AND ECONOMIC
ADJUSTMENT.
(a) Establishment.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by inserting after section 2391 the following
new section:
``Sec. 2391a. Office of Defense Community Cooperation and Economic
Adjustment
``(a) Establishment.--There is in the Office of the Secretary of
Defense an Office of Defense Community Cooperation and Economic
Adjustment (in this section referred to as the `Office').
``(b) Head of Office.--There is a Director of the Office who shall
be the head of the Office. The Director shall be appointed by the
Secretary of Defense.
``(c) Duties.--The Office shall--
``(1) serve as the office in the Department of Defense with
primary responsibility for--
``(A) providing assistance to States, counties,
municipalities, regions, and other communities to
foster cooperation with military installations to
enhance the military mission, achieve facility and
infrastructure savings and reduced operating costs,
address encroachment and compatible land use issues,
support military families, and increase military,
civilian, and industrial readiness and resiliency; and
``(B) providing adjustment and diversification
assistance to State and local governments under section
2391(b) to achieve the objectives described in
subparagraph (A);
``(2) coordinate the provision of such assistance with
other organizations and elements of the Department;
``(3) provide support to the Economic Adjustment Committee
established under Executive Order No. 12788 (57 Fed. Reg. 2213;
10 U.S.C. 2391 note) or any successor to such Committee; and
``(4) carry out such other activities as the Secretary of
Defense determines appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2391 the following new item:
``2391a. Office of Defense Community Cooperation and Economic
Adjustment.''.
(b) Transfers.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall transfer the
functions, personnel, and assets of the Office of Economic Adjustment
of the Department of Defense to the Office of Defense Community
Cooperation and Economic Adjustment established under section 2391a of
title 10, United States Code (as added by subsection (a)).
(c) Administration of Certain Programs.--Beginning on the effective
date of the transfers under subsection (b), any program, project, or
other activity administered by the Office of Economic Adjustment of the
Department of Defense as of the date of the enactment of this Act shall
be administered by the Office of Defense Community Cooperation and
Economic Adjustment established under section 2391a of title 10, United
States Code (as added by subsection (a)).
SEC. 915. INPUT FROM CHIEF OF NATIONAL GUARD BUREAU TO THE JOINT
REQUIREMENTS OVERSIGHT COUNCIL.
Section 181(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) Input from chief of national guard bureau.--The
Council shall seek, and strongly consider, the views of the
Chief of National Guard Bureau regarding non-Federalized
National Guard capabilities in support of homeland defense and
civil support missions.''.
SEC. 916. REDESIGNATION OF THE JOINT FORCES STAFF COLLEGE.
(a) In General.--Title 10, United States Code, is amended by
striking ``Joint Forces Staff College'' each place it appears and
inserting ``Joint Forces War College''.
(b) References.--Any reference in Federal law, regulations,
guidance, instructions, or other documents of the Federal Government to
the Joint Forces Staff College shall be deemed to be a reference to the
Joint Forces War College.
SEC. 917. REPORTING ON POST-JAIC ASSIGNMENT.
Subsection (b) of section 260 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at
the end the following paragraph:
``(11) For each uniformed service member who concluded an
assignment supporting the Center in the previous 6 months, a
position description of the billet that the service member
transitioned into.''.
SEC. 918. COMPTROLLER GENERAL REPORT ON VULNERABILITIES OF THE
DEPARTMENT OF DEFENSE RESULTING FROM OFFSHORE TECHNICAL
SUPPORT CALL CENTERS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on vulnerabilities in connection with
the provision of services by offshore technical support call centers to
the Department of Defense.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description and assessment of the location of all
offshore technical support call centers.
(2) A description and assessment of the types of
information shared by the Department with foreign nationals at
offshore technical support call centers.
(3) An assessment of the extent to which access to such
information by foreign nationals creates vulnerabilities to the
information technology network of the Department.
(c) Offshore Technical Support Call Center Defined.--In this
section, the term ``offshore technical support call center'' means a
call center that--
(1) is physically located outside the United States;
(2) employs individuals who are foreign nationals; and
(3) may be contacted by personnel of the Department to
provide technical support relating to technology used by the
Department.
SEC. 919. LIMITATION ON CONSOLIDATION OR TRANSITION TO ALTERNATIVE
CONTENT DELIVERY METHODS WITHIN THE DEFENSE MEDIA
ACTIVITY.
(a) In General.--No consolidation or transition to alternative
content delivery methods may occur within the Defense Media Activity
until a period of 180 days has elapsed following the date on which the
Secretary of Defense submits to the congressional defense committees a
report that includes a certification, in detail, that such
consolidation or transition to alternative content delivery methods
will not--
(1) compromise the safety and security of members of the
Armed Forces and their families;
(2) compromise the cybersecurity or security of content
delivery to members of the Armed Forces, whether through--
(A) inherent vulnerabilities in the content
delivery method concerned;
(B) vulnerabilities in the personal devices used by
members; or
(C) vulnerabilities in the receivers or streaming
devices necessary to accommodate the alternative
content delivery method;
(3) increase monetary costs or personal financial
liabilities to members of the Armed Forces or their families,
whether through monthly subscription fees or other tolls
required to access digital content; and
(4) impede access to content due to bandwidth or other
technical limitations where members of the Armed Forces receive
content.
(b) Definitions.--In this section:
(1) The term ``alternative content delivery'' means any
method of the Defense Media Activity for the delivery of
digital content that is different from a method used by the
Activity as of the date of the enactment of this Act.
(2) The term ``consolidation'', when used with respect to
the Defense Media Activity, means any action to reduce or limit
the functions, personnel, facilities, or capabilities of the
Activity, including entering into contracts or developing plans
for such reduction or limitation.
Subtitle C--Space Matters
SEC. 921. ASSISTANT SECRETARY OF DEFENSE FOR SPACE AND STRATEGIC
DETERRENCE POLICY.
(a) Assistant Secretaries of Defense.--Paragraph (5) of section
138(b) of title 10, United States Code, is amended to read as follows:
``(5) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Space and Strategic Deterrence Policy. The principal
duty of the Assistant Secretary shall be the overall supervision of
policy of the Department of Defense for space, nuclear deterrence, and
missile defense.''.
(b) Space Force Acquisition Council.--Section 9021(b)(3) of title
10, United States Code, is amended by striking ``Assistant Secretary of
Defense for Space Policy'' and inserting ``Assistant Secretary of
Defense for Space and Strategic Deterrence Policy''.
(c) Elements of Office.--Section 955(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1565) is amended by striking ``Assistant Secretary of Defense for Space
Policy'' and inserting ``Assistant Secretary of Defense for Space and
Strategic Deterrence Policy''.
SEC. 922. OFFICE OF THE CHIEF OF SPACE OPERATIONS.
(a) In General.--Chapter 908 of title 10, United States Code, is
amended by striking section 9083 and inserting the following new
sections:
``Sec. 9083. Office of the Chief of Space Operations: function;
composition
``(a) Function.--There is in the executive part of the Department
of the Air Force an Office of the Chief of Space Operations to assist
the Secretary of the Air Force in carrying out the responsibilities of
the Secretary.
``(b) Composition.--The Office of the Chief of Space Operations is
composed of the following:
``(1) The Chief of Space Operations.
``(2) Other members of the Space Force and Air Force
assigned or detailed to the Office of the Chief of Space
Operations.
``(3) Civilian employees in the Department of the Air Force
assigned or detailed to the Office of the Chief of Space
Operations.
``(c) Organization.--Except as otherwise specifically prescribed by
law, the Office of the Chief of Space Operations shall be organized in
such manner, and the members of the Office of the Chief of Space
Operations shall perform such duties and have such titles, as the
Secretary of the Air Force may prescribe.
``Sec. 9084. Office of the Chief of Space Operations: general duties
``(a) Professional Assistance.--The Office of the Chief of Space
Operations shall furnish professional assistance to the Secretary, the
Under Secretary, and the Assistant Secretaries of the Air Force and to
the Chief of Space Operations.
``(b) Authorities.--Under the authority, direction, and control of
the Secretary of the Air Force, the Office of the Chief of Space
Operations shall--
``(1) subject to subsections (c) and (d) of section 9014 of
this title, prepare for such employment of the Space Force, and
for such recruiting, organizing, supplying, equipping
(including research and development), training, servicing,
mobilizing, demobilizing, administering, and maintaining of the
Space Force, as will assist in the execution of any power,
duty, or function of the Secretary of the Air Force or the
Chief of Space Operations;
``(2) investigate and report upon the efficiency of the
Space Force and its preparation to support military operations
by commanders of the combatant commands;
``(3) prepare detailed instructions for the execution of
approved plans and supervise the execution of those plans and
instructions;
``(4) as directed by the Secretary of the Air Force or the
Chief of Space Operations, coordinate the action of
organizations of the Space Force; and
``(5) perform such other duties, not otherwise assigned by
law, as may be prescribed by the Secretary of the Air Force.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of chapter 908 of such title is amended by striking the item
related to section 9083 and adding at the end the following new items:
``9083. Office of the Chief of Space Operations: function; composition
``9084. Office of the Chief of Space Operations: general duties''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date on which the Secretary of the Air Force and the
Chief of Space Operations jointly submit to the congressional defense
committees a report detailing the functions that the headquarters staff
of the Department of the Air Force will continue to perform in support
of the Space Force.
(d) No Authorization of Additional Military Billets.--The Secretary
shall establish the Office of the Chief of Space Operations under
section 9083 of title 10, United States Code, as added by subsection
(a), using military personnel otherwise authorized. Nothing in this
section or the amendments made by this section shall be construed to
authorize additional military billets for the purposes of, or in
connection with, the establishment of the Office of the Chief of Space
Operations.
SEC. 923. SPACE FORCE MEDAL.
(a) Space Force Medal.--Chapter 937 of title 10, United States
Code, is amended by inserting after section 9280 the following new
section:
``Sec. 9280a. Space Force Medal: award; limitations
``(a) The President may award a decoration called the `Space Force
Medal', of appropriate design with accompanying ribbon, to any person
who, while serving in any capacity with the Space Force, distinguishes
himself or herself by heroism not involving actual conflict with an
enemy.
``(b) Not more than one Space Force Medal may be awarded to a
person. However, for each succeeding act that would otherwise justify
award of such a medal, the President may award a suitable bar or other
device to be worn as the President directs.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 9280 the following new item:
``9280a. Space Force Medal: award; limitations.''.
SEC. 924. CLARIFICATION OF PROCUREMENT OF COMMERCIAL SATELLITE
COMMUNICATIONS SERVICES.
(a) In General.--Chapter 963 of title 10, United States Code, is
amended by inserting before section 9532 the following new section:
``Sec. 9531. Procurement of commercial satellite communications
services
``The Chief of Space Operations shall be responsible for the
procurement of commercial satellite communications services for the
Department of Defense.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of chapter 963 of such title is amended by inserting before
the item relating to section 9532 the following new item:
``9531. Procurement of commercial satellite communications services.''.
SEC. 925. TEMPORARY EXEMPTION FROM AUTHORIZED DAILY AVERAGE OF MEMBERS
IN PAY GRADES E-8 AND E-9.
Section 517 of title 10, United States Code, shall not apply to the
Space Force until October 1, 2023.
SEC. 926. ONE-TIME UNIFORM ALLOWANCE FOR MEMBERS TRANSFERRED TO THE
SPACE FORCE.
(a) In General.--The Secretary of the Air Force may provide an
officer or enlisted member who transfers from the Army, Navy, Air
Force, or Marine Corps to the Space Force an allowance of not more than
$400 as reimbursement for the purchase of required uniforms and
equipment.
(b) Relationship to Other Allowances.--The allowance under this
section is in addition to any allowance available under any other
provision of law.
(c) Source of Funds.--Funds for allowances provided under
subsection (a) in a fiscal year may be derived only from amounts
authorized to be appropriated for military personnel for such fiscal
year.
(d) Applicability.--The authority for an allowance under this
section shall apply with respect to any member of the Army, Navy, Air
Force, or Marine Corps who transfers to the Space Force on or after
December 20, 2019, and on or before September 30, 2023.
SEC. 927. RANK AND GRADE STRUCTURE OF THE UNITED STATES SPACE FORCE.
The Space Force shall use a system of ranks and grades that is
identical to the system of ranks and grades used by the Navy.
SEC. 928. REPORT ON THE ROLE OF THE NAVAL POSTGRADUATE SCHOOL IN SPACE
EDUCATION.
(a) Report Required.--Not later than 180 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 future role of the
Naval Postgraduate School in space education.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An overview of the Naval Postgraduate School's existing
space-focused education and research capabilities, programs,
products, and outputs.
(2) An identification and evaluation of additional space-
focused educational requirements that may be fulfilled by the
Naval Postgraduate school, including any requirements resulting
from the establishment of the Space Force or otherwise
necessitated by the evolving space-related needs of the
Department of Defense.
(3) A plan for meeting the requirements identified under
paragraph (2), including a description of the types and amounts
of additional resources that may be needed for the Naval
Postgraduate School to meet such requirements over the period
of 5 fiscal years following the date of the report.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2021 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
(e) Certification Requirement.--The authority to transfer any
authorization under this section may not be used until the Secretary of
Defense and the head of each entity affected by such transfer submits
to the congressional defense committees certification in writing that--
(1) the amount transferred will be used for higher priority
items, based on unforeseen military requirements, than the
items from which authority is transferred; and
(2) the amount transferred will not be used for any item
for which funds have been denied authorization by Congress.
SEC. 1002. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 1003. PANDEMIC PREPAREDNESS AND RESILIENCE NATIONAL SECURITY FUND.
(a) Fund Purposes.--Amounts authorized to be appropriated for
Research and Development, Defense-Wide, Pandemic Preparedness and
Resilience National Security Fund shall be available for obligation and
expenditure only for the purposes of pandemic preparedness. Such
amounts may not be used for a purpose or program unless the purpose or
program is authorized by law.
(b) Transfers.--
(1) In general.--Amounts referred to in subsection (a) may
be transferred as follows:
(A) To Procurement, Defense-wide and Research,
Development, Test, and Evaluation, Defense-wide, not
more than an aggregate of $200,000,000 to carry out the
Small Business Industrial Base Resilience Program
established by section 844 of this Act.
(B) To Research, Development, Test, and Evaluation,
Defense-wide, line 9, Biomedical Technology, not more
than $50,000,000 for research that aims to rapidly
produce medical countermeasures against novel threats,
at population scale and approved for use in people.
(C) To the following, not more than an aggregate of
$750,000,000 to support research and development
efforts directly related to biopreparedness and
pandemic preparedness and resilience:
(i) Research, Development, Test, and
Evaluation, Army.
(ii) Research, Development, Test, and
Evaluation, Navy.
(iii) Research, Development, Test, and
Evaluation, Air Force.
(iv) Research, Development, Test, and
Evaluation, Defense-wide.
(v) Defense Health Program.
(D) To Research, development, test, and evaluation,
Defense-wide, Line 16, Chemical and Biological Defense
Program, not more than $27,000,000 for research and
development to detect and model treatments for nuclear,
chemical, and biological exposure.
(E) To research, development, test, and evaluation,
Defense-wide, line 44, Chemical and Biological Defense
Program - Advanced Development, not more than
$30,000,000 for the development of decontamination
technologies for civilian pandemic preparedness.
(F) To research, development, test, and evaluation,
Defense-wide, line 49, Manufacturing Science and
Technology Program, not more than $35,000,000 for
support for the development of advanced manufacturing
techniques and technologies that enable the United
States defense industrial base to rapidly produce
needed materials for novel biological threats.
(2) Limitation.--Amounts referred to in subsection (a) may
not be transferred for--
(A) Drug Interdiction and Counter-Drug Activities;
or
(B) military construction (as defined in section
2801(a) of title 10, United States Code), including the
purposes described in section 2802(b) of such title, or
military family housing, including the purposes
described in section 2821(a) of such title.
(3) Notice requirement.--Not later than 30 days before
transferring any amount described in subsection (a), the
Secretary of Defense shall submit to the congressional defense
committees notice of the transfer.
(4) Exception from general transfer authority.--A transfer
under this subsection shall not be counted toward the dollar
amount limitation under section 1001.
SEC. 1004. BUDGET MATERIALS FOR SPECIAL OPERATIONS FORCES.
Section 226 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``of Defense and the Secretary of
each of the military departments'' after ``Secretary'';
(B) by striking ``2021'' and inserting ``2022'';
(C) by striking ``a consolidated budget
justification display'' and inserting ``a budget
justification display for each applicable
appropriation'';
(D) in the second sentence, by striking ``display''
and all that follows and inserting ``displays shall
include each of the following:'' and
(E) by adding at the end the following new
paragraphs:
``(1) Details at the appropriation and line item level,
including any amount for service-common support, acquisition
support, training, operations, pay and allowances, base
operations sustainment, and any other common services and
support.
``(2) An identification of any change in the level or type
of service-common support and enabling capabilities provided by
each of the military services or Defense Agencies to special
operations forces for the fiscal year covered by the budget
justification display when compared to the preceding fiscal
year, including the rationale for any such change and any
mitigating actions.
``(3) An assessment of the specific effects that the budget
justification display for the fiscal year covered by the
display and any anticipated future manpower and force structure
changes are likely to have on the ability of each of the
military services to provide service-common support and
enabling capabilities to special operations forces.
``(4) Any other matters the Secretary of Defense or the
Secretary of a military department determines are relevant.'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Consolidated Budget Justification Display.--The Secretary of
Defense shall include, in the budget materials submitted to Congress
under section 1105 of title 31, for fiscal year 2022 and any subsequent
fiscal year, a consolidated budget justification display containing the
same information as is required in the budget justification displays
required under subsection (a). Such consolidated budget justification
display may be provided as a summary by appropriation for each military
department and a summary by appropriation for all Defense Agencies.''.
SEC. 1005. DEPARTMENT OF DEFENSE AUDIT REMEDIATION PLAN.
Section 240g(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraphs:
``(4) the amount spent by the Department on operating and
maintaining financial management systems during the preceding
five fiscal years; and
``(5) the amount spent by the Department on acquiring or
developing new financial management systems during such five
fiscal years.''.
SEC. 1006. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE LEGISLATIVE
PROPOSALS.
Not later than 7 days after the transmission to the Committee on
Armed Services of the Senate or the Committee on Armed Services of the
House of Representatives of any Department of Defense legislative
proposal, the Secretary of Defense shall make publicly available on a
website of the Department such legislative proposal, including any bill
text and section-by-section analyses associated with the proposal.
Subtitle B--Counterdrug Activities
SEC. 1011. SUPPORT FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES TO COUNTER
TRANSNATIONAL ORGANIZED CRIME AFFECTING FLOW OF DRUGS
INTO THE UNITED STATES.
Section 284(c) of title 10, United States Code, is amended--
(1) by striking paragraph (2), and inserting the following
new paragraph (2):
``(2) Secretary of state concurrence.--The Secretary may
only provide support for a purpose described in this subsection
with the concurrence of the Secretary of State.''; and
(2) by adding at the end the following new paragraph:
``(3) Priority.--In providing support for a purpose
described in this subsection, the Secretary shall give priority
to support requested for the purpose of affecting the flow of
drugs into the United States.''.
SEC. 1012. CONGRESSIONAL NOTIFICATION WITH RESPECT TO DEPARTMENT OF
DEFENSE SUPPORT PROVIDED TO OTHER UNITED STATES AGENCIES
FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES TO COUNTER
TRANSNATIONAL ORGANIZED CRIME.
Section 284(h) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) In case of support for a purpose described in
subsection (b)--
``(i) an identification of the recipient of
the support;
``(ii) a description of the support
provided;
``(iii) a description of the sources and
amounts of funds used to provide such support;
and
``(iv) a description of the amount of funds
obligated to provide such support.''; and
(2) by adding at the end the following new paragraph:
``(3) Appropriate committees of congress.--For purposes of
any notice submitted under this subsection with respect to
support described in paragraph (1)(A), the appropriate
committees of Congress are--
``(A) the Committees on Armed Services of the
Senate and House of Representatives; and
``(B) any committee with jurisdiction over the
department or agency that receives the support covered
by the notice.''.
Subtitle C--Naval Vessels
SEC. 1021. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS WITHOUT NAVAL
VESSELS PLAN AND CERTIFICATION.
Section 231(e) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``Secretary of the Navy'' and
inserting ``Secretary of Defense''; and
(B) by striking ``50 percent'' and inserting ``25
percent''; and
(2) in paragraph (2)--
(A) by striking ``Secretary of the Navy'' and
inserting ``Secretary of Defense''; and
(B) by striking ``operation and maintenance, Navy''
and inserting ``operation and maintenance, Defense-
wide''.
SEC. 1022. LIMITATIONS ON USE OF FUNDS IN THE NATIONAL DEFENSE SEALIFT
FUND FOR PURCHASE OF FOREIGN CONSTRUCTED VESSELS.
Section 2218(f)(3) of title 10, United States Code, is amended--
(1) in subparagraph (C), by striking ``seven'' and
inserting ``nine''; and
(2) in subparagraph (E), by striking ``two'' and inserting
``four''.
SEC. 1023. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR INCREMENTALLY
FUNDED CONTRACTS TO PROVIDE FULL FUNDING FOR COLUMBIA
CLASS SUBMARINES.
Section 2218a(h)(1) of title 10, United States Code, is amended by
striking ``and properly phased installment payments'' and inserting ``,
properly phased installment payments, and full funding for the first
two Columbia class submarines''.
SEC. 1024. PREFERENCE FOR UNITED STATES VESSELS IN TRANSPORTING
SUPPLIES BY SEA.
(a) Preference for United States Vessels in Transporting Supplies
by Sea.--
(1) In general.--Section 2631 of title 10, United States
Code, is amended to read as follows:
``Sec. 2631. Preference for United States vessels in transporting
supplies by sea
``(a) In General.--Supplies bought for the Army, Navy, Air Force,
or Marine Corps, or for a Defense Agency, or otherwise transported by
the Department of Defense, may only be transported by sea in--
``(1) a vessel belonging to the United States; or
``(2) a vessel of the United States (as such term is
defined in section 116 of title 46).
``(b) Waiver and Notification.--(1) The Secretary of Defense may
waive the requirement under subsection (a) if such a vessel is--
``(A) not available at a fair and reasonable rate for
commercial vessels of the United States; or
``(B) otherwise not available.
``(2) At least once each fiscal year, the Secretary of Defense
shall submit, in writing, to the appropriate congressional committees a
notice of any waiver granted under this subsection and the reasons for
such waiver.
``(c) Requirements for Reflagging or Repair Work.--(1) In each
request for proposals to enter into a time-charter contract for the use
of a vessel for the transportation of supplies under this section, the
Secretary of Defense shall require that--
``(A) any reflagging or repair work on a vessel for which a
proposal is submitted in response to the request for proposals
be performed in the United States (including any territory of
the United States); and
``(B) any corrective and preventive maintenance or repair
work on a vessel under contract pursuant to this section
relevant to the purpose of such contract be performed in the
United States (including any territory of the United States)
for the duration of the contract, to the greatest extent
practicable.
``(2) The Secretary of Defense may waive a requirement under
paragraph (1) if the Secretary determines that such waiver is critical
to the national security of the United States. The Secretary shall
immediately submit, in writing, to the appropriate congressional
committees a notice of any waiver granted under this paragraph and the
reasons for such waiver.
``(3) In this subsection:
``(A) The term `reflagging or repair work' means work
performed on a vessel--
``(i) to enable the vessel to meet applicable
standards to become a vessel of the United States; or
``(ii) to convert the vessel to a more useful
military configuration.
``(B) The term `corrective and preventive maintenance or
repair' means--
``(i) maintenance or repair actions performed as a
result of a failure in order to return or restore
equipment to acceptable performance levels; and
``(ii) scheduled maintenance or repair actions to
prevent or discover functional failures.
``(d) Compliance.--The Secretary of Defense shall ensure that
contracting officers of the Department of Defense award contracts under
this section to responsible offerors and monitor and ensure compliance
with the requirements of this section. The Secretary shall--
``(1) ensure that timely, accurate, and complete
information on contractor performance under this section is
included in any contractor past performance database used by an
executive agency; and
``(2) exercise appropriate contractual rights and remedies
against contractors who fail to comply with this section, or
subchapter I of chapter 553 of title 46 as determined by the
Secretary of Transportation under such subchapter, including
by--
``(A) determining that a contractor is ineligible
for an award of such a contract; or
``(B) terminating such a contract or suspension or
debarment of the contractor for such contract.
``(e) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the Committees on Armed Services of the Senate and
the House of Representatives;
``(2) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(3) the Committee on Commerce, Science, and
Transportation of the Senate.''.
(2) Clerical amendment.--The table of contents for chapter
157 of title 10, United States Code, is amended by amending the
item relating to section 2361 to read as follows:
``2361. Preference for United States vessels in transporting supplies
by sea.''.
(b) Amendments to Title 46, United States Code.--
(1) Transfer of provision relating to priority loading for
coal.--
(A) In general.--Section 55301 of title 46, United
States Code, is redesignated as section 55123 of such
title, transferred to appear after section 55122 of
such title, and amended so that the enumerator, section
heading, typeface, and typestyle conform to those
appearing in other sections in such title.
(B) Conforming amendments.--
(i) The analysis for subchapter I of
chapter 553 of title 46, United States Code, is
amended by striking the item relating to
section 55301.
(ii) The analysis for chapter 551 of title
46, United States Code, is amended by inserting
after the item relating to section 55122 the
following new item:
``55123. Priority loading for coal.''.
(2) Amendment to subchapter heading.--The heading of
subchapter I of chapter 553 of title 46, United States Code, is
amended to read as follows:
``subchapter i--government impelled transportation''.
SEC. 1025. RESTRICTIONS ON OVERHAUL, REPAIR, ETC. OF NAVAL VESSELS IN
FOREIGN SHIPYARDS.
(a) Exception for Damage Repair Due to Hostile Actions or
Interventions.--Section 8680(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``, other than in the
case of voyage repairs''; and
(2) by adding at the end the following new paragraph:
``(3) Notwithstanding paragraph (1), a naval vessel described in
paragraph (1) may be repaired in a shipyard outside the United States
or Guam if the repairs are--
``(A) voyage repairs; or
``(B) necessary to correct damage sustained due to hostile
actions or interventions.''.
(b) Limited Authority To Use Foreign Workers.--Section
8680(a)(2)(B)(i) of title 10, United States Code, is amended--
(1) by inserting ``(I)'' after ``(i)''; and
(2) by adding at the end the following new subclauses:
``(II) Notwithstanding subclause (I), foreign workers may be used
to perform corrective and preventive maintenance or repair on a vessel
as described in subparagraph (A) only if the Secretary of the Navy
determines that travel by United States Government personnel or United
States contractor personnel to perform the corrective or preventive
maintenance or repair is not advisable for health or safety reasons.
The Secretary of the Navy may not delegate the authority to make a
determination under this subclause.
``(III) Not later than 30 days after making a determination under
subclause (II), the Secretary of the Navy shall submit to the
congressional defense committees written notification of the
determination. The notification shall include the reasons why travel by
United States personnel is not advisable for health or safety reasons,
the location where the corrective and preventive maintenance or repair
will be performed, and the approximate duration of the corrective and
preventive maintenance or repair.''.
(c) Technical Correction.--Section 8680(a)(2)(C)(ii) of title 10,
United States Code, is amended by striking the period after ``means--
''.
SEC. 1026. BIANNUAL REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE
INDUSTRIAL BASE.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8692. Biannual report on shipbuilder training and the defense
industrial base
``Not later than February 1 of each even-numbered year until 2026,
the Secretary of Defense, in coordination with the Secretary of Labor,
shall submit to the Committee on Armed Services and the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Armed Services and the Committee on Education and Labor of the House
of Representatives a report on shipbuilder training and hiring
requirements necessary to achieve the Navy's 30-year shipbuilding plan
and to maintain the shipbuilding readiness of the defense industrial
base. Each such report shall include each of the following:
``(1) An analysis and estimate of the time and investment
required for new shipbuilders to gain proficiency in particular
shipbuilding occupational specialties, including detailed
information about the occupational specialty requirements
necessary for construction of naval surface ship and submarine
classes to be included in the Navy's 30-year shipbuilding plan.
``(2) An analysis of the age demographics and occupational
experience level (measured in years of experience) of the
shipbuilding defense industrial workforce.
``(3) An analysis of the potential time and investment
challenges associated with developing and retaining
shipbuilding skills in organizations that lack intermediate
levels of shipbuilding experience.
``(4) Recommendations concerning how to address shipbuilder
training during periods of demographic transition and evolving
naval fleet architecture consistent with the Navy's 2020
Integrated Force Structure Assessment.
``(5) An analysis of whether emerging technologies, such as
augmented reality, may aid in new shipbuilder training.
``(6) Recommendations concerning how to encourage young
adults to enter the defense shipbuilding industry and to
develop the skills necessary to support the shipbuilding
defense industrial base.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``8692. Biannual report on shipbuilder training and the defense
industrial base.''.
SEC. 1027. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF CERTAIN
LITTORAL COMBAT SHIPS.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2021 for the
Navy may be obligated or expended to retire or prepare for the
retirement, transfer, or placement in storage any ships designated as
LCS-3 or LCS-4 until the date on which the Secretary of the Navy
submits the certification required under subsection (b).
(b) Certification.--Upon the completion of all operational tests on
each of the mission modules designed for the Littoral Combat Ship, the
Secretary of the Navy shall submit to the congressional defense
committees certification of such completion.
SEC. 1028. REPORT ON IMPLEMENTATION OF COMMANDANT'S PLANNING GUIDANCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the implementation of the
Commandant's Planning Guidance. Such report shall include a detailed
description of each of the following:
(1) The specific number and type of manned littoral ships
required to execute such Guidance.
(2) The role of long-range unmanned surface vessels in the
execution of such Guidance.
(3) How platforms referred to in paragraphs (1) and (2)
account for and interact with ground-based missiles fielded by
teams of Marines deployed throughout the Indo-Pacific region.
(4) The integrated naval command and control architecture
required to support the platforms referred to in paragraphs (1)
and (2).
(5) The projected cost and any additional resources
required to deliver the platforms referred to in paragraph (1)
and (2) by not later than 5 years after the date of the
enactment of this Act.
(b) Form of Report.--The report required under this section shall
be submitted in unclassified form, but may contain a classified annex.
The unclassified report shall be made publicly available.
SEC. 1029. LIMITATION ON NAVAL FORCE STRUCTURE CHANGES.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the Navy may be
obligated or expended to retire, or to prepare for the retirement,
transfer, or placement in storage of, any Department of the Navy ship
until the date that is 30 days after the date on which Secretary of
Defense submits to the congressional defense committees the 2020 Naval
Integrated Force Structure Assessment.
Subtitle D--Counterterrorism
SEC. 1031. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2021, to transfer, release, or assist in the transfer or
release of any individual detained in the custody or under the control
of the Department of Defense at United States Naval Station, Guantanamo
Bay, Cuba, to the custody or control of any country, or any entity
within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
SEC. 1032. ANNUAL REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST
ORGANIZATIONS.
(a) Annual Report.--The Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees an annual report on--
(1) the use of online social media platforms by entities
designated as foreign terrorist organizations by the Department
of State for recruitment, fundraising, and the dissemination of
information; and
(2) the threat posed to the national security of the United
States by the online radicalization of terrorists and violent
extremists.
(b) Appropriate Congressional Committees.--In this section, the
appropriate congressional committees are--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) by striking subsection (c) and inserting the following
new subsection (c):
``(c) Procedures.--
``(1) In general.--The authority in this section shall be
exercised in accordance with such procedures as the Secretary
shall establish for purposes of this section. The Secretary
shall notify the congressional defense committees of any
material change to such procedures.
``(2) Elements.--The procedures required under paragraph
(1) shall establish, at a minimum, each of the following:
``(A) Policy, strategy, or other guidance for the
execution of, and constraints within, activities
conducted under this section.
``(B) The processes through which activities
conducted under this section are to be developed,
validated, and coordinated, as appropriate, with
relevant Federal entities.
``(C) The processes through which legal reviews and
determinations are made to comply with this section and
ensure that the exercise of authority under this
section is consistent with the national security of the
United States.
``(3) Notice to congress.--The Secretary shall provide to
the congressional defense committees a notice of the procedures
established pursuant to this section before any exercise of the
authority in this section, and shall notify such committees of
any material change of the procedures.'';
(2) in subsection (d)--
(A) in the subsection heading, by inserting ``of
Initiation of Support of an Approved Military
Operation'' after ``Notification'';
(B) in paragraph (1), by striking ``15'' and
inserting ``30''; and
(C) in paragraph (2), by adding at the end the
following new subparagraphs:
``(G) A description of the entities with which the
recipients of support are engaged in hostilities and
whether each such entity is covered under an
authorization for use of military force.
``(H) A description of the steps taken to ensure
the support is consistent with other United States
diplomatic and security objectives, including issues
related to local political dynamics, civil-military
relations, and human rights.
``(I) A description of the steps taken to ensure
that the recipients of the support have not engaged in
human rights violations or violations of the Geneva
Conventions of 1949, including vetting, training, and
support for adequately investigating allegations of
violations and removing support in case of credible
reports of violations.'';
(3) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively;
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Notification of Modification or Termination of Support of an
Approved Military Operation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall provide to the congressional defense committees
notice in writing by not later that--
``(A) 15 days before exercising the authority under
this section to modify the support of an approved
military operation;
``(B) 30 days before exercising the authority under
this section to terminate the support of an approved
military operation; or
``(C) as applicable, 30 days before exercising any
other authority under which the Secretary engages or
plans to engage with foreign forces, irregular forces,
groups, or individuals.
``(2) Extraordinary circumstances.--If the Secretary finds
the existence of extraordinary circumstances affecting the
national security of the United States, the Secretary shall
provide the notice required under paragraph (1) not later than
48 hours before exercising authority referred to in
subparagraph (A) or (B) of such paragraph.
``(3) Elements.--Notice provided under paragraph (1) with
respect to the modification or termination of support shall
includes each of the following elements:
``(A) A description of the reasons for the
modification or termination.
``(B) A description of the potential effects of the
modification or termination of support on the forces
providing the support.
``(C) A plan for the modification or termination of
the support, including the consideration of the
transition of such support from one fiscal authority to
another.
``(D) A list of any relevant entities of the United
States Government that are or will be involved in the
modification or termination of such support, including
any planned transition of such support from one
Government entity to another.'';
(5) by striking subsection (g), as redesignated by
paragraph (3), and inserting the following new subsection (g):
``(g) Construction of Authority.--Nothing in this section may be
construed to constitute authority to conduct or provide statutory
authorization for any of the following:
``(1) A covert action, as such term is defined in section
503(e) of the National Security Act of 1947 (50 U.S.C.
3093(e)).
``(2) An introduction of the armed forces, (including as
such term is defined in section 8(c) of the War Powers
Resolution (50 U.S.C. 1547(c)), into hostilities, or into
situations where hostilities are clearly indicated by the
circumstances, without specific statutory authorization within
the meaning of section 5(b) of such Resolution (50 U.S.C.
1544(b)).
``(3) The provision of support to regular forces, irregular
forces, groups, or individuals to conduct operations that
United States special operations forces are not otherwise
authorized to conduct.
``(4) Activities or support of activities, directly or
indirectly, that are inconsistent with the laws of armed
conflict.'';
(6) in subsection (i)(3), as redesignated by paragraph
(3)--
(A) by redesignating subparagraphs (G) and (H) as
subparagraphs (H) and (I), respectively; and
(B) by inserting after subparagraph (F) the
following new subparagraph (G):
``(G) If there is a plan to modify or terminate the
support to military operations to combat terrorism in
any way, a detailed description of the plan,
including--
``(i) a description of the reasons for the
modification or termination;
``(ii) the potential effects of the
modification or termination of support on the
forces providing the support;
``(iii) a detailed plan for the
modification or termination of the support; and
``(iv) a list of any relevant Government
entities that are or will be involved in the
modification or termination of such support,
including any planned transition of such
support from one Government entity to
another.''; and
(7) by adding at the end the following new subsection:
``(j) Modification Defined.--In this section, the term
`modification', with respect to support provided for an approved
military operation, means--
``(1) an increase or decrease in funding of more than
$750,000 or change greater than 40 percent of the material
resources provided;
``(2) an increase or decrease in the amount or type of
equipment that significantly alters the use of or risk to
foreign forces, irregular forces, groups, or United States
special operations forces; or
``(3) a change in the legal or operational authorities.''.
SEC. 1042. PROHIBITION ON RETIREMENT OF NUCLEAR POWERED AIRCRAFT
CARRIERS BEFORE FIRST REFUELING.
Section 8062 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) A nuclear powered aircraft carrier may not be retired before
its first refueling.''.
SEC. 1043. REQUIRED MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT.
Section 9062 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(k) The Secretary of the Air Force shall maintain a total
inventory of tactical airlift aircraft of not less than 292
aircraft.''.
SEC. 1044. MODIFICATION AND TECHNICAL CORRECTION TO DEPARTMENT OF
DEFENSE AUTHORITY TO PROVIDE ASSISTANCE ALONG THE
SOUTHERN LAND BORDER OF THE UNITED STATES.
(a) Authority.--Subsection (a) of section 1059 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 986; 10 U.S.C. 271 note prec.) is amended to read as follows:
``(a) Authority.--
``(1) Provision of assistance.--
``(A) In general.--The Secretary of Defense may
provide assistance to United States Customs and Border
Protection for purposes of increasing ongoing efforts
to secure the southern land border of the United States
in accordance with the requirements of this section.
``(B) Requirements.--If the Secretary provides
assistance under subparagraph (A), the Secretary shall
ensure that--
``(i) the provision of the assistance will
not negatively affect military training,
operations, readiness, or other military
requirements; and
``(ii) the tasks associated with the
support provided align with the mission or
occupational specialty of any members of the
Armed Forces, including members of the reserve
components, or units of the Armed Forces,
including the reserve components, that are
deployed.
``(2) Notification requirement.--Not later than 5 days
after the date on which the Secretary decides to provide
assistance under paragraph (1), the Secretary shall submit to
the Committee on Armed Services of the Senate and the Committee
on Armed Services and the Committee on Homeland Security of the
House of Representatives notice of such decision.''.
(b) Reporting Requirements.--Subsection (f) of such section is
amended to read as follows:
``(f) Reports.--
``(1) Report required.--Any time assistance is provided
under subsection (a), not later than 30 days after the date on
which such assistance is first provided, and every 3 months
thereafter during the period while such assistance is provided,
the Secretary of Defense, in coordination with the Secretary of
Homeland Security, shall submit to the Committee on Armed
Services and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Armed
Services and the Committee on Homeland Security of the House of
Representatives a report that includes, for both the period
covered by the report and the total period of the deployment,
each of the following:
``(A) A description of the assistance provided.
``(B) A description of the Armed Forces, including
the reserve components, deployed as part of such
assistance, including an identification of--
``(i) the members of the Armed Forces,
including members of the reserve components,
deployed, including specific information about
unit designation, size of unit, and whether any
personnel in the unit deployed under section
12302 of title 10, United States Code;
``(ii) the readiness rating for each of the
units deployed, including specific information
about any impacts to planned training exercises
for any such unit;
``(iii) the projected length of the
deployment and any special pay and incentives
for which deployed personnel may qualify during
the deployment;
``(iv) any specific pre-deployment training
provided for such members of the Armed Forces,
including members of the reserve components;
``(v) the specific missions and tasks, by
location, that are assigned to the members of
the Armed Forces, including members of the
reserve components, who are so deployed;
``(vi) the life support conditions and
associated costs;
``(vii) the locations where units so
deployed are conducting their assigned mission,
together with a map showing such locations;
``(viii) a description of the rules and
additional guidance applicable to the
deployment, including the standing rules for
the use of force for deployed personnel and the
issuance of any weapons and ammunition; and
``(ix) the plan to transition the functions
performed by the members of the Armed Forces,
including members of the reserve components, to
the Department of Homeland Security and Customs
Border Protection.
``(C) The sources and amounts of funds expended--
``(i) during the period covered by the
report; and
``(ii) during the total period for which
such support has been provided.
``(D) The amount of funds obligated--
``(i) during the period covered by the
report; and
``(ii) during the total period for which
such support has been provided.
``(E) An assessment of the efficacy and cost-
effectiveness of such assistance in support of the
objectives and strategy of the Secretary of Homeland
Security to address the challenges on the southern land
border of the United States and recommendations, if
any, to enhance the effectiveness of such assistance.
``(2) Form of report.--Each report submitted under this
subsection shall be submitted in unclassified form and without
any designation relating to dissemination control, but may
include a classified annex.''.
(c) Classification.--The Law Revision Counsel is directed to place
this section in a note following section 284 of title 10, United States
Code.
SEC. 1045. BATTLEFIELD AIRBORNE COMMUNICATIONS NODE CERTIFICATION
REQUIREMENT.
(a) Limitation.--The Secretary of the Air Force may take no action
that would prevent the Air Force from maintaining or operating the
fleets of EQ-4 aircraft in the configurations and capabilities in
effect on the date of the enactment of this Act, or in improved
configurations and capabilities, before the date on which each of the
three individual certifications described in subsection (b) have been
submitted to the congressional defense committees.
(b) Certifications Required.--The certifications described in this
subsection are the following:
(1) The written certification of the Chairman of the Joint
Requirements Oversight Council that the replacement capability
for the EQ-4 aircraft will--
(A) be fielded at the same time or before the
divestment of the EQ-4 aircraft;
(B) result in equal or greater capability available
to the commanders of the combatant commanders; and
(C) not result in less airborne capacity or on-
station time available to the commanders of the
combatant commands.
(2) The written certification of the Commander of United
States Central Command that the replacement capability for the
EQ-4 aircraft will not result in less airborne capacity or on-
station time available for mission taskings that the EQ-4
provides, as of the date of the enactment of this Act, in the
United States Central Command area of responsibility.
(3) The written certification of the Under Secretary of
Defense for Acquisition and Sustainment that the validated
operating and sustainment costs of the capability developed or
fielded to replace an equivalent capacity the EQ-4 aircraft
provides is less than the validated operating and sustainment
costs for the EQ-4 aircraft on a comparable flight-hour cost
basis.
(c) Calculation of Flight-Hour Cost Basis.--For purposes of
calculating the flight-hour cost basis under subsection (b)(3), the
Under Secretary shall include all costs for--
(1) Unit level manpower;
(2) Unit operations;
(3) maintenance;
(4) sustaining support; and
(5) system improvements.
SEC. 1046. REQUIREMENTS RELATING TO NEWEST GENERATIONS OF PERSONAL
PROTECTIVE EQUIPMENT.
(a) Reports.--
(1) Reports required.--Not later than January 31, 2021,
each Secretary of a military department shall submit to the
congressional defense committees a report on the development
and fielding of the newest generations of personal protective
equipment to the Armed Forces under the jurisdiction of such
Secretary.
(2) Elements.--Each report under paragraph (1) shall
include, for each Armed Force covered by such report, the
following:
(A) A description and assessment of the development
and fielding of the newest generations of personal
protective equipment and auxiliary personal protective
equipment to members of such Armed Force, including the
following:
(i) The number (aggregated by total number
and by sex) of members of such Armed Force
issued the Army Soldiers Protective System and
the Modular Scalable Vest Generation II body
armor as of December 31, 2020.
(ii) The number (aggregated by total number
and by sex) of members of such Armed Force
issued Marine Corps Plate Carrier Generation
III (PC Gen III) body armor as of that date.
(iii) The number (aggregated by total
number and by sex) of members of such Armed
Force fitted with legacy personal protective
equipment as of that date.
(B) A description and assessment of the barriers,
if any, to the development and fielding of such
generations of equipment to such members.
(C) A description and assessment of challenges in
the development and fielding of such generations of
equipment to such members, including cost overruns,
contractor delays, and other challenges.
(b) System for Tracking Data on Injuries.--
(1) System required.--
(A) In general.--The Director of the Defense Health
Agency (DHA) shall develop and maintain a system for
tracking data on injuries among members of the Armed
Forces in and during the use of newest generation
personal protective equipment.
(B) Scope of system.--The system required by this
subsection may, at the election of the Director, be new
for purposes of this subsection or within or a
modification of an appropriate existing system (such as
the Defense Occupational And Environmental Health
Readiness System (DOEHRS)).
(2) Report.--Not later than January 31, 2025, the Director
shall submit to Congress a report on the prevalence among
members of the Armed Forces of preventable injuries
attributable to ill-fitting or malfunctioning personal
protective equipment.
(c) Inclusion in Annual Periodic Health Assessments.--The annual
Periodic Health Assessment (PHA) of members of the Armed Forces
undertaken after the date of the enactment of this Act shall include
one or more questions on whether members incurred an injury in
connection with ill-fitting or malfunctioning personal protective
equipment during the period covered by such assessment, including the
nature of such injury.
SEC. 1047. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF A-10 AIRCRAFT.
(a) Prohibition.--Notwithstanding sections 134 and 135 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328), except as provided in subsection (b), none of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2021 for the Air Force may be obligated or expended to
retire, prepare to retire, or place in storage or on backup aircraft
inventory status any A-10 aircraft.
(b) Exception.--The limitation under subsection (a) shall not apply
to any individual A-10 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
because of a mishap or other damage or because the aircraft is
uneconomical to repair.
(c) Implementation Report.--Not later than 120 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
progress made toward the A-10 re-wing contracts and the progress made
in re-winging some of the 283 A-10 aircraft that have not received new
wings.
SEC. 1048. MANDATORY CRITERIA FOR STRATEGIC BASING DECISIONS.
(a) In General.--The Secretary of the Air Force shall modify Air
Force Instruction 10-503 (pertaining to the strategic basing process)
to ensure that the process for the selection of a location in the
United States for the strategic basing of an aircraft includes the
following:
(1) A comparative analysis of the overall community support
for the mission among the candidate locations, as indicated by
the formal comments received during the public comment period
for the environmental impact statement relating to the basing
decision and, in a case in which the Secretary selects a final
location with less community support compared to other
locations as indicated by such analysis, an explanation of the
operational considerations that formed the basis for such
selection.
(2) An analysis of joint and all-domain training
capabilities at each candidate location, separate from and in
addition to the mission criteria developed for the basing
action.
(3) A comparative analysis of the airspace and training
areas available at each candidate location, separate from and
in addition to the mission criteria developed for the basing
action.
(b) Report Required.--Not later than 14 days after the date on
which the Secretary of Defense publicly announces the preferred and
reasonable alternative locations for the basing of an aircraft as
described in subsection (a), the Secretary shall submit to the
congressional defense committees a report that includes--
(1) an assessment of each candidate location that was
considered as part of the basing process, including, with
respect to each such location, an analysis of each of the
factors specified in paragraphs (1) through (3) of such
subsection; and
(2) an explanation of how each candidate location was
scored against such factors, including the weight assigned to
each factor.
SEC. 1049. LIMITATION ON USE OF FUNDS PENDING PUBLIC AVAILABILITY OF
TOP-LINE NUMBERS OF DEPLOYED MEMBERS OF THE ARMED FORCES.
(a) Limitation.--Of the amounts authorized to be appropriated by
this Act or otherwise made available for fiscal year 2020 for Operation
and Maintenance, Defense-wide, Office of the Secretary of Defense, for
Travel of Persons, not more than 75 percent may be obligated or
expended until the date on which the Secretary of Defense makes
publicly available the top-line numbers of deployed members of the
Armed Forces described in subsection (b).
(b) Top-Line Numbers Described.-- The top-line numbers of deployed
members of the Armed Forces referred to in subsection (a)--
(1) are the numbers required to be made publicly available
under section 595 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 122a note);
(2) shall include all such numbers for fiscal year 2017 and
each subsequent fiscal year; and
(3) shall include the number of personnel on temporary duty
and the number of personnel deployed in support of contingency
operations.
(c) Sensitive Military Operation.--The requirement under subsection
(a) to make the top-line numbers of deployed members of the Armed
Forces publicly available is not satisfied if the Secretary, in
exercising the waiver authority under subsection (b) of section 595 of
the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 122a note) does not submit the
notice and reasons for the waiver determination to Committees of Armed
Services of the House of Representatives and the Senate as required
under paragraph (2) of such subsection.
SEC. 1050. LIMITATION ON PHYSICAL MOVE, INTEGRATION, REASSIGNMENT, OR
SHIFT IN RESPONSIBILITY OF MARINE FORCES NORTHERN
COMMAND.
(a) Limitation.--The Secretary of Defense may not take any action
to execute the physical move, integration, reassignment, or shift in
responsibility of the Marine Forces Northern Command before the date
that is 60 days after the date on which the Secretary submits the
report described in subsection (b).
(b) Report.--If the Secretary of Defense plans to take any action
to physically move, integrate, reassign, or shift the responsibility of
Marine Forces Northern Command, the Secretary shall submit to the
congressional defense committees a report on such proposed action that
includes each of the following:
(1) An analysis of how the proposed action would be
beneficial to military readiness.
(2) A description of how the proposed action would align
with the national defense strategy and the supporting
strategies for each of the military departments.
(3) A description of the proposed organizational structure
change associated with the action and how will it affect the
relationship between Marine Forces Northern Command and
administrative control responsibilities, operational control
responsibilities, and tactical control responsibilities.
(4) The projected cost associated with the proposed action
and any projected long-term cost savings.
(5) A detailed description of any requirements for new
infrastructure or relocation of equipment and assets associated
with the proposed action.
(6) A description of how the proposed action would
facilitate total force integration and Marine Corps general
officer progression, including with respect to the reserve
components.
(c) Waiver.--The Secretary may waive the limitation under
subsection (a) if the Secretary determines such a waiver is necessary
by reason of hostilities or the imminent threat of hostilities.
(d) Applicability.--This section shall apply with respect to any
action to execute the physical move, integration, reassignment, or
shift in responsibility of the Marine Forces Northern Command that is
initiated on or after the date of the enactment of this Act. In the
case of such an action that was initiated but not completed before the
date of the enactment of this Act, no additional effort may be made to
complete such action before the date that is 60 days after the date on
which the Secretary submits the report described in subsection (b).
SEC. 1051. CONDITIONS FOR PERMANENTLY BASING UNITED STATES EQUIPMENT OR
ADDITIONAL FORCES IN HOST COUNTRIES WITH AT-RISK VENDORS
IN 5G OR 6G NETWORKS.
(a) In General.--Prior to basing a major weapon system or
additional permanently assigned forces comparable to or larger than a
battalion, squadron, or naval combatant for permanent basing to a host
country with at-risk 5th generation (5G) or sixth generation (6G)
wireless network equipment, software, and services, including supply
chain vulnerabilities identified by the Federal Acquisition Security
Council, where United States military personnel and their families will
be directly connected or subscribers to networks that include such at-
risk equipment, software, and services in their official duties or in
the conduct of personal affairs, the Secretary of Defense shall provide
a notification to the congressional defense committees that includes a
description of--
(1) steps being taken by the host country to mitigate any
potential risks to the weapon systems, military units, or
personnel, and the Department of Defense's assessment of those
efforts;
(2) steps being taken by the United States Government,
separately or in collaboration with the host country, to
mitigate any potential risks to the weapon systems, permanently
deployed forces, or personnel;
(3) any defense mutual agreements between the host country
and the United States intended to allay the costs of risk
mitigation posed by the at-risk infrastructure; and
(4) any other matters the Secretary determines to be
relevant.
(b) Applicability.--The conditions in subsection (a) apply to the
permanent long-term stationing of equipment and permanently assigned
forces, and do not apply to short-term deployments or rotational
presence to military installations outside the United States in
connection with exercises, dynamic force employment, contingency
operations, or combat operations.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report that contains an assessment of--
(1) the risk to personnel, equipment, and operations of the
Department of Defense in host countries posed by the current or
intended use by such countries of 5G or 6G telecommunications
architecture provided by at-risk vendors; and
(2) measures required to mitigate the risk described in
paragraph (1), including the merit and feasibility of the
relocation of certain personnel or equipment of the Department
to another location without the presence of 5G or 6G
telecommunications architecture provided by at-risk vendors.
(d) Form.--The report required by subsection (c) shall be submitted
in a classified form with an unclassified summary.
(e) Major Weapon System Defined.--In this section, the term ``major
weapon system'' has the meaning given that term in section 2379(f) of
title 10, United States Code.
SEC. 1052. CURTAILING INSURRECTION ACT VIOLATIONS OF INDIVIDUALS'
LIBERTIES.
(a) Federal Aid for State Governments.--Section 251 of title 10,
United States Code, is amended--
(1) by striking ``Whenever'' and inserting ``(a) In
General.--Whenever''; and
(2) by adding at the end the following new subsection:
``(b) Certification to Congress.--(1) The President may not invoke
the authority under this section unless the President and the Secretary
of Defense certify to Congress that the State concerned is unable or
unwilling to suppress an insurrection described in subsection (a).
``(2) A certification under paragraph (1) shall include the
following:
``(A) A description of the circumstances necessitating the
invocation of the authority under this section.
``(B) Demonstrable evidence that the State concerned is
unable or unwilling to suppress such insurrection, and a legal
justification for resorting to the authority under this section
to so suppress.
``(C) A description of the mission, scope, and duration of
use of members of the armed forces under this section.''.
(b) Use of Militia and Armed Forces To Enforce Federal Authority.--
Section 252 of title 10, United States Code, is amended to read as
follows:
``Sec. 252. Use of militia and armed forces to enforce Federal
authority
``(a) Authority.--Whenever unlawful obstructions, combinations, or
assemblages, or rebellion against the authority of the United States,
make it impracticable to enforce the laws of the United States in any
State by the ordinary course of judicial proceedings, the President may
call into Federal service such of the militia of any State, and use
such of the armed forces, as the President considers necessary to
enforce those laws or to suppress the rebellion.
``(b) Certification to Congress.--(1) The President may not invoke
the authority under this section unless the President and the Secretary
of Defense certify to Congress that the State concerned is unable or
unwilling to suppress an unlawful obstruction, combination, or
assemblage, or rebellion against the authority of the United States
described in subsection (a).
``(2) A certification under paragraph (1) shall include the
following:
``(A) A description of the circumstances necessitating the
invocation of the authority under this section.
``(B) Demonstrable evidence that the State concerned is
unable or unwilling to suppress such unlawful obstruction,
combination, or assemblage, or rebellion against the authority
of the United States, and a legal justification for resorting
to the authority under this section to so suppress.
``(C) A description of the mission, scope, and duration of
use of members of the armed forces under this section.''.
(c) Interference With State and Federal Law.--Section 253 of title
10, United States Code, is amended--
(1) by striking ``The President'' and inserting ``(a)
Authority.--(1) The President'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking ``In any situation covered by clause (1),''
and inserting ``(2) In any situation covered by paragraph
(1)(A),''; and
(4) by adding at the end the following new subsection:
``(b) Certification to Congress.--(1) The President may not invoke
the authority under this section unless the President and the Secretary
of Defense certify to Congress that the State concerned is unable or
unwilling to suppress an insurrection, domestic violence, unlawful
combination, or conspiracy, as described in subsection (a).
``(2) A certification under paragraph (1) shall include the
following:
``(A) A description of the circumstances necessitating the
invocation of the authority under this section.
``(B) Demonstrable evidence that the State concerned is
unable or unwilling to suppress such insurrection, domestic
violence, unlawful combination, or conspiracy, and a legal
justification for resorting to the authority under this section
to so suppress.
``(C) A description of the mission, scope, and duration of
use of members of the armed forces under this section.''.
(d) Consultation With Congress.--
(1) In general.--Chapter 13 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 256. Consultation
``The President, in every possible instance, shall consult with
Congress before invoking the authority under section 251, 252, or 253
of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 13 of title 10, United States Code, is
amended by adding at the end the following new item:
``256. Consultation.''.
(e) Restriction on Direct Participation by Military Personnel.--
(1) In general.--Such chapter is further amended by adding
at the end the following new section:
``Sec. 257. Restriction on direct participation by military personnel
``(a) In General.--No activity under this chapter shall permit
direct participation by a member of the Army, Navy, Air Force, Marine
Corps, or Space Force in a search, seizure, arrest, or other similar
activity unless participation in such activity by such member is
otherwise expressly authorized by law.
``(b) Regulations.--The Secretary of Defense shall prescribe such
regulations as may be necessary to ensure compliance with subsection
(a).
``(c) Rule of Construction.--Nothing in this section shall be
construed to limit authority of law enforcement personnel of the armed
forces on Federal military installations''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is further amended by adding at the
end the following new item:
``257. Restriction on direct participation by military personnel.''.
SEC. 1053. PROHIBITION ON USE OF FUNDS FOR DISCRIMINATORY ALGORITHMIC
DECISIONMAKING SYSTEMS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the Joint Artificial
Intelligence Center to acquire or develop new artificial intelligence
systems may be obligated or expended unless the Department of Defense,
or the vendor of such new system, has--
(1) assessed such algorithmic decision-making system, or
commits to assess such system within 1 year of the date of such
acquisition or completion of development, with respect to its
potential to perpetuate or introduce discriminatory bias
against protected classes of persons, including on the basis of
sex, race, age, disability, color, creed, national origin, or
religion, and after the completion of such assessment,
transmits to the Secretary a description of the methodology by
which such assessment was conducted;
(2) sought to address any unintended discriminatory bias
identified pursuant to paragraph (1) prior to deploying such
system, and through periodic assessments during use of such
systems, in any context where such usage poses a tangible risk
of resulting in an action which could reasonably be seen to
violate any law, policy, regulation, or other codified practice
of the United States with respect to anti-discrimination, equal
protection, or civil rights, and transmitted to the Secretary a
description of the measures undertaken to comply with the
requirements of this section; and
(3) ensured that such system conforms to the DoD AI Ethics
Principles for purposes of identifying and addressing the
causes of potential discriminatory biases in the system.
SEC. 1054. INCLUSION OF EXPLOSIVE ORDNANCE DISPOSAL IN SPECIAL
OPERATIONS ACTIVITIES.
Section 167(k) of title 10, United States Code, is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(10) Explosive ordnance disposal.''.
SEC. 1055. REQUIREMENTS IN CONNECTION WITH USE OF PERSONNEL OTHER THAN
THE MILITIA OR THE ARMED FORCES TO SUPPRESS INTERFERENCE
WITH STATE AND FEDERAL LAW.
(a) In General.--Section 253 of title 10, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before ``The
President''; and
(2) by adding at the end the following new subsection:
``(b) Use of Other Means.--(1) Other means used by the President
pursuant to subsection (a) may only include activities by Federal law
enforcement officers.
``(2) Any Federal law enforcement officer performing duty pursuant
to subsection (a) shall visibly display on the uniform or other
clothing of such officer--
``(A) the name of such officer; and
``(B) the name of the agency for which such officer is
employed.
``(3) In this subsection:
``(A) The term `Federal law enforcement officer' means--
``(i) an employee or officer in a position in the
executive, legislative, or judicial branch of the
Federal Government who--
``(I) is authorized by law to engage in or
supervise a law enforcement function; or
``(II) has statutory powers of arrest or
apprehension under section 807(b) of this title
(article 7(b) of the Uniform Code of Military
Justice); or
``(ii) an employee or officer of a contractor or
subcontractor (at any tier) of an agency in the
executive, legislative, or judicial branch of the
Federal Government who is authorized by law or under
the contract with the agency to engage in or supervise
a law enforcement function; and
``(B) The term `law enforcement function' means the
prevention, detection, or investigation of, or the prosecution
or incarceration of any person for, any violation of law.''.
(b) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to limit or
otherwise supersede the authority of Federal law enforcement officials
who do not wear a uniform in the regular performance of their official
duties or who are engaged in undercover operations to perform their
official duties under authorities other than section 253 of title 10,
United States Code.
SEC. 1056. LIMITATION ON DEACTIVATION, UNMANNING, OR SELLING OF ARMY
WATERCRAFT ASSETS PENDING COMPREHENSIVE ANALYSIS OF
MOBILITY REQUIREMENTS AND CAPABILITIES.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the Department of
Defense maybe obligated or expended for the deactivation, unmanning,or
selling of any Army watercraft assets, until the Secretary of Defense
submits to Congress certification that--
(1) the Secretary has received and accepted the federally
funded research and development center Army watercraft study as
directed by section 1058 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92);
(2) the review, analysis, and recommendations of such study
are included in the mobility, capabilities, requirements study;
and
(3) the Secretary will include in such study a review and
analysis of--
(A) doctrine-based roles and missions of the
military services;
(B) current and future investments;
(C) the effects of emerging operational concepts;
(D) demand signals of Department of Defense small
vessels relative to Army watercraft, Navy small ships,
and amphibious connectors; and
(E) readiness risk being assumed across each of the
geographic combatant commands.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
SEC. 1101. FAMILY AND MEDICAL LEAVE AMENDMENTS.
(a) In General.--
(1) Paid parental leave for employees of district of
columbia courts and district of columbia public defender
service.--
(A) District of columbia courts.--Section 11-1726,
District of Columbia Official Code, is amended by
adding at the end the following new subsection:
``(d) In carrying out the Family and Medical Leave Act of 1993 (29
U.S.C. 2601 et seq.) with respect to nonjudicial employees of the
District of Columbia courts, the Joint Committee on Judicial
Administration shall, notwithstanding any provision of such Act,
establish a paid parental leave program for the leave described in
subparagraphs (A) and (B) of section 102(a)(1) of such Act (29 U.S.C.
2612(a)(1)) (relating to leave provided in connection with the birth of
a child or the placement of a child for adoption or foster care). In
developing the terms and conditions for this program, the Joint
Committee may be guided by the terms and conditions applicable to the
provision of paid parental leave for employees of the Federal
Government under chapter 63 of title 5, United States Code, and any
corresponding regulations.''.
(B) District of columbia public defender service.--
Section 305 of the District of Columbia Court Reform
and Criminal Procedure Act of 1970 (sec. 2-1605, D.C.
Official Code) is amended by adding at the end the
following new subsection:
``(d) In carrying out the Family and Medical Leave Act of 1993 (29
U.S.C. 2601 et seq.) with respect to employees of the Service, the
Director shall, notwithstanding any provision of such Act, establish a
paid parental leave program for the leave described in subparagraphs
(A) and (B) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1))
(relating to leave provided in connection with the birth of a child or
the placement of a child for adoption or foster care). In developing
the terms and conditions for this program, the Director may be guided
by the terms and conditions applicable to the provision of paid
parental leave for employees of the Federal Government under chapter 63
of title 5, United States Code, and any corresponding regulations.''.
(2) Clarification of use of other leave in addition to 12
weeks as family and medical leave.--
(A) Title 5.--Section 6382(a) of title 5, United
States Code, as amended by section 7602 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92), is amended--
(i) in paragraph (1), in the matter
preceding subparagraph (A), by inserting ``(or,
in the case of leave that includes leave under
subparagraph (A) or (B) of this paragraph, 12
administrative workweeks of leave plus any
additional period of leave used under
subsection (d)(2)(B)(ii))'' after ``12
administrative workweeks of leave''; and
(ii) in paragraph (4), by inserting ``(or
26 administrative workweeks of leave plus any
additional period of leave used under
subsection (d)(2)(B)(ii))'' after ``26
administrative workweeks of leave''.
(B) Congressional employees.--Section 202(a)(1) of
the Congressional Accountability Act of 1995 (2 U.S.C.
1312(a)(1)), as amended by section 7603 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92), is amended--
(i) in the second sentence, by inserting
``and in the case of leave that includes leave
for such an event, the period of leave to which
a covered employee is entitled under section
102(a)(1) of such Act shall be 12
administrative workweeks of leave plus any
additional period of leave used under
subsection (d)(2)(B) of this section'' before
the period; and
(ii) by striking the third sentence and
inserting the following: ``For purposes of
applying section 102(a)(4) of such Act, in the
case of leave that includes leave under
subparagraph (A) or (B) of section 102(a)(1) of
such Act, a covered employee is entitled, under
paragraphs (1) and (3) of section 102(a) of
such Act, to a combined total of 26 workweeks
of leave plus any additional period of leave
used under subsection (d)(2)(B) of this
section.''.
(C) Other employees covered under the family and
medical leave act of 1993.--Section 102(a) of the
Family and Medical Leave Act of 1993 (29 U.S.C.
2611(a)) is amended by adding at the end the following:
``(6) Special rules on period of leave.--With respect to an
employee of the Government Accountability Office and an
employee of the Library of Congress--
``(A) in the case of leave that includes leave
under subparagraph (A) or (B) of paragraph (1), the
employee shall be entitled to 12 administrative
workweeks of leave plus any additional period of leave
used under subsection (d)(3)(B)(ii) of this section or
section 202(d)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as
the case may be; and
``(B) for purposes of paragraph (4), the employee
is entitled, under paragraphs (1) and (3), to a
combined total of 26 workweeks of leave plus, if
applicable, any additional period of leave used under
subsection (d)(3)(B)(ii) of this section or section
202(d)(2)(B) of the Congressional Accountability Act of
1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be.''.
(3) Applicability.--The amendments made by this subsection
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
(b) Paid Parental Leave for Presidential Employees.--
(1) Amendments to chapter 5 of title 3, united states
code.--Section 412 of title 3, United States Code, is amended--
(A) in subsection (a)(1), by adding at the end the
following: ``In applying section 102 of such Act with
respect to leave for an event described in subsection
(a)(1)(A) or (B) of such section to covered employees,
subsection (c) of this section shall apply and in the
case of leave that includes leave for such an event,
the period of leave to which a covered employee is
entitled under section 102(a)(1) of such Act shall be
12 administrative workweeks of leave plus any
additional period of leave used under subsection
(c)(2)(B) of this section. For purposes of applying
section 102(a)(4) of such Act, in the case of leave
that includes leave under subparagraph (A) or (B) of
section 102(a)(1) of such Act, a covered employee is
entitled, under paragraphs (1) and (3) of section
102(a) of such Act, to a combined total of 26 workweeks
of leave plus any additional period of leave used under
subsection (c)(2)(B) of this section.'';
(B) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively;
(C) by inserting after subsection (b) the
following:
``(c) Special Rule for Paid Parental Leave.--
``(1) Substitution of paid leave.--A covered employee may
elect to substitute for any leave without pay under
subparagraph (A) or (B) of section 102(a)(1) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave
which is available to such employee for that purpose.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) the number of weeks of paid parental leave in
connection with the birth or placement involved that
corresponds to the number of administrative workweeks
of paid parental leave available to employees under
section 6382(d)(2)(B)(i) of title 5, United States
Code; and
``(B) during the 12-month period referred to in
section 102(a)(1) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)(1)) and in addition to the
administrative workweeks described in subparagraph (A),
any additional paid vacation, personal, family,
medical, or sick leave provided by the employing office
to such employee.
``(3) Limitation.--Nothing in this section or section
102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(d)(2)(A)) shall be considered to require or permit
an employing office to require that an employee first use all
or any portion of the leave described in paragraph (2)(B)
before being allowed to use the paid parental leave described
in paragraph (2)(A).
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing office;
``(B) if not used by the covered employee before
the end of the 12-month period (as referred to in
section 102(a)(1) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)(1))) to which it relates,
shall not accumulate for any subsequent use; and
``(C) shall apply without regard to the limitations
in subparagraph (E), (F), or (G) of section 6382(d)(2)
of title 5, United States Code, or section 104(c)(2) of
the Family and Medical Leave Act of 1993 (29 U.S.C.
2614(c)(2)).''; and
(D) in subsection (e)(1), as so redesignated, by
striking ``subsection (c)'' and inserting ``subsection
(d)''.
(2) Applicability.--The amendments made by this subsection
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
(c) FAA and TSA.--
(1) FAA.--
(A) In general.--Paragraph (3) of section 102(d) of
the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(d)(3)), as added by section 7604 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92), is amended--
(i) in the paragraph heading, by inserting
``and federal aviation administration'' after
``GAO'';
(ii) in subparagraphs (A) and (B), by
striking ``the Government Accountability
Office'' in each instance and inserting ``the
Government Accountability Office or the Federal
Aviation Administration''; and
(iii) in subparagraph (D)(i), by striking
``the Government Accountability Office'' and
inserting ``the Government Accountability
Office or the Federal Aviation Administration
(as the case may be)''.
(B) Applicability.--The amendments made by
subparagraph (A) shall not be effective with respect to
any birth or placement occurring before October 1,
2020.
(2) Corrections for tsa screeners.--Section 7606 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92) is amended--
(A) by striking ``Section 111(d)(2)'' and inserting
the following:
``(a) In General.--Section 111(d)(2)''; and
(B) by adding at the end the following:
``(b) Effective Date; Application.--
``(1) In general.--The amendment made by subsection (a)
shall not be effective with respect to any event for which
leave may be taken under subchapter V of chapter 63 of title 5,
United States Code, occurring before October 1, 2020.
``(2) Application to service requirement for eligibility.--
For purposes of applying the period of service requirement
under subparagraph (B) of section 6381(1) to an individual
appointed under section 111(d)(1) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note), the
amendment made by subsection (a) of this section shall apply
with respect to any period of service by the individual under
such an appointment, including service before the effective
date of such amendment.''.
(d) Title 38 Employees.--
(1) In general.--Section 7425 of title 38, United States
Code, is amended--
(A) in subsection (b), by striking
``Notwithstanding'' and inserting ``Except as provided
in subsection (c), and notwithstanding''; and
(B) by adding at the end the following:
``(c) Notwithstanding any other provision of this subchapter, the
Administration shall provide to individuals appointed to any position
described in section 7421(b) who are employed by the Administration
family and medical leave in the same manner, to the maximum extent
practicable, as family and medical leave is provided under subchapter V
of chapter 63 of title 5 to employees, as defined in section 6381(1) of
such title.''.
(2) Applicability.--The amendments made by paragraph (1)
shall not be effective with respect to any event for which
leave may be taken under subchapter V of chapter 63 of title 5,
United States Code, occurring before October 1, 2020.
(e) Article I Judges.--
(1) Bankruptcy judges.--Section 153(d) of title 28, United
States Code, is amended--
(A) by striking ``A bankruptcy judge'' and
inserting ``(1) Except as provided in paragraph (2), a
bankruptcy judge''; and
(B) by adding at the end the following:
``(2) The provisions of subchapter V of chapter 63 of title 5 shall
apply to a bankruptcy judge as if the bankruptcy judge were an employee
(within the meaning of subparagraph (A) of section 6381(1) of such
title).''.
(2) Magistrate judges.--Section 631(k) of title 28, United
States Code, is amended--
(A) by striking ``A United States magistrate
judge'' and inserting ``(1) Except as provided in
paragraph (2), a United States magistrate judge''; and
(B) by adding at the end the following:
``(2) The provisions of subchapter V of chapter 63 of title 5 shall
apply to a United States magistrate judge as if the United States
magistrate judge were an employee (within the meaning of subparagraph
(A) of section 6381(1) of such title).''.
(3) Applicability.--The amendments made by this subsection
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
(f) Technical Corrections.--
(1) Section 7605 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) is amended by striking
``on active duty'' each place it appears and inserting ``on
covered active duty''.
(2) Subparagraph (E) of section 6382(d)(2) of title 5,
United States Code, as added by section 7602 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92), is amended by striking ``the requirement to complete'' and
all that follows and inserting ``the service requirement under
subparagraph (B) of section 6381(1).''.
(3) Section 202(d)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as amended
by section 7603 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is amended by inserting
``accrued'' before ``sick leave''.
(g) Effective Date.--The amendments made by this section shall take
effect as if enacted immediately after the enactment of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).
SEC. 1102. LIMITATION ON AUTHORITY TO EXCLUDE EMPLOYEES FROM CHAPTER 71
OF TITLE 5.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the Department of
Defense may be used to carry out the authority provided under section
7103(b) of title 5, United States Code, to exclude the Department of
Defense or any agency or subdivision thereof from coverage under
chapter 71 of such title.
SEC. 1103. AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION ALLOWANCES IN
CONNECTION WITH TRANSFER CEREMONIES OF DEPARTMENT OF
DEFENSE AND COAST GUARD CIVILIAN EMPLOYEES WHO DIE
OVERSEAS.
(a) Travel and Transportation Allowances.--
(1) In general.--Subchapter II of chapter 75 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1492. Authority to provide travel and transportation allowances
in connection with transfer ceremonies of department of
defense and coast guard civilian employees who die
overseas
``The Secretary of the military department concerned, the agency
head of a Defense Agency or Department of Defense Field Activity, or
the Secretary of Homeland Security, as appropriate, may provide round
trip travel and transportation allowances in connection with ceremonies
for the transfer of a Department of Defense or Coast Guard civilian
employee who dies while located or serving overseas to eligible
relatives and provide for the accompaniment of such persons to the same
extent as the Secretary of Defense may provide such travel and
transportation allowances and accompaniment services to such persons
with respect to a deceased service member under chapter 8 of title
37.''.
(2) Clerical amendment.--The table of contents at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1492. Authority to provide travel and transportation allowances in
connection with transfer ceremonies of
department of defense and coast guard
civilian employees who die overseas.''.
(b) Technical Amendments.--Section 481f(d) of title 37, United
States Code, is amended--
(1) in the subsection heading, by striking ``Transportation
to'' and inserting ``Travel and Transportation Allowances in
Connection With''; and
(2) in paragraph (1) in the matter preceding subparagraph
(A), by striking ``transportation to'' and inserting ``travel
and transportation allowances in connection with''.
SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4615), as most recently amended by section 1105 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), is
further amended by striking ``through 2020'' and inserting ``through
2021''.
SEC. 1105. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1104 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further amended by striking
``2021'' and inserting ``2022''.
SEC. 1106. LIMITING THE NUMBER OF LOCAL WAGE AREAS DEFINED WITHIN A PAY
LOCALITY.
(a) Local Wage Area Limitation.--Section 5343(a) of title 5, United
States Code, is amended--
(1) in paragraph (1)(B)(i), by striking ``(but such'' and
all that follows through ``are employed)'';
(2) in paragraph (4), by striking ``and'' after the
semicolon;
(3) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end of the following:
``(6) the Office of Personnel Management may define not
more than 1 local wage area within a pay locality, except that
this paragraph shall not apply to the pay locality designated
as `Rest of United States'.''.
(b) Pay Locality Defined.--Section 5342(a) of title 5, United
States Code, is amended--
(1) in paragraph (2)(C), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) `pay locality' has the meaning given that term under
section 5302(5).''.
(c) Regulations.--The Director of the Office of Personnel
Management shall prescribe any regulations necessary to carry out this
section and the amendments made by this section, including regulations
to ensure that this section and the amendments made by this section
shall not have the effect of reducing any rate of basic pay payable to
any individual who is serving as a prevailing rate employee (as defined
under section 5342(a)(2) of title 5, United States Code).
(d) Effective Date.--This section and the amendments made by this
section shall apply with respect to fiscal year 2022 and each fiscal
year thereafter.
SEC. 1107. CIVILIAN FACULTY AT THE DEFENSE SECURITY COOPERATION
UNIVERSITY AND INSTITUTE OF SECURITY GOVERNANCE.
Section 1595(c) of title 10, United States Code, is amended by
adding at the end the following:
``(6) The Defense Security Cooperation University.
``(7) The Defense Institute for Security Governance.''.
SEC. 1108. EXPANSION OF AUTHORITY FOR APPOINTMENT OF RECENTLY-RETIRED
MEMBERS OF THE ARMED FORCES TO POSITIONS AT CERTAIN
INDUSTRIAL BASE FACILITIES.
(a) In General.--Subsection (b) of section 3326 of title 5, United
States Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) the proposed appointment is to a position in the
competitive service--
``(A) at any industrial base facility (as that term
is defined in section 2208(u)(3) of title 10) that is
part of the core logistics capabilities (as described
in section 2464(a) of such title); and
``(B) that has been certified by the Secretary
concerned as lacking sufficient numbers of qualified
applicants.''.
(b) Limitation on Delegation of Certification Authority.--Such
section 3326 is further amended by adding at the end the following:
``(d) The authority to make a certification described in subsection
(b)(3) may not be delegated to an individual with a grade lower than
colonel, or captain in the Navy, or an inriviaul with an equivalent
civilian grade.''.
(c) Sense of Congress.--It is the sense of Congress that the
amendments made by subsections (a) and (b) shall supplement, and not
provide any exception to, the competitive hiring process for the
Federal civil service.
SEC. 1109. FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE DEMONSTRATION
PROJECT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commander, Navy Region Mid-Atlantic, shall
establish and carry out, for a period of not less than 5 years, a Fire
Fighters Alternative Work Schedule demonstration project for the Navy
Region Mid-Atlantic Fire and Emergency Services. Such demonstration
project shall provide, with respect to each Services employee, that--
(1) assignments to tours of duty are scheduled in advance
over periods of not less than 2 weeks;
(2) tours of duty are scheduled using a regularly recurring
pattern of 48-hour shifts followed by 48 or 72 consecutive non-
work hours, as determined by mutual agreement between the Navy
Region Mid-Atlantic and the exclusive employee representative
at each Navy Region Mid-Atlantic Installation, in such a manner
that each employee is regularly scheduled for 144-hours in any
2-week period;
(3) for any such employee that is a fire fighter working an
alternative work schedule, such employee shall earn overtime
compensation in a manner consistent with other applicable law
and regulation;
(4) no right shall be established to any form of premium
pay, including night, Sunday, holiday, or hazard duty pay; and
(5) leave accrual and use shall be consistent with other
applicable law and regulation.
(b) Report.--Not later than 180 days following the end of such
demonstration project, the Commander, Navy Region Mid-Atlantic, shall
submit a report to the Committees on Armed Services of the House of
Representatives and the Senate detailing--
(1) any financial savings or expenses directly and
inseparably linked to the demonstration project;
(2) any intangible quality of life and morale improvements
achieved by the demonstration project; and
(3) any adverse impact of the demonstration project
occurring solely as the result of the transition to the
demonstration project.
SEC. 1110. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION
PAYMENTS AND OTHER PAYMENTS FOR FEDERAL GOVERNMENT
PERSONNEL UNDER CHIEF OF MISSION AUTHORITY.
Section 901 of title IX of division J of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94; 22 U.S.C. 2680b) is
amended--
(1) in subsection (a), by inserting ``or the head of any
other Federal agency'' after ``The Secretary of State'';
(2) in subsection (e)(2)--
(A) by striking ``the Department of State'' and
inserting ``the Federal Government''; and
(B) by inserting after ``subsection (f)'' the
following: ``, but does not include an individual
receiving compensation under section 19A of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3519b)'';
and
(3) in subsection (h)(2), by striking the first sentence
and inserting the following: ``Nothing in this section shall
limit, modify, or otherwise supersede chapter 81 of title 5,
United States Code, the Defense Base Act (42 U.S.C. 1651 et
seq.), or section 19A of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3519b).''.
SEC. 1111. RESTORATION OF ANNUAL LEAVE DUE TO A PANDEMIC.
(a) In General.--Section 6304(d) of title 5, United States Code, is
amended by adding at the end the following new paragraph:
``(5) For the purposes of this subsection, the service of
an employee during a pandemic shall be deemed to be an exigency
of the public business, and any leave that, by reason of such
service, is lost by the employee by operation of this section
(regardless of whether such leave was scheduled) shall be
restored to the employee and shall be credited and available in
accordance with paragraph (2).''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to any leave lost on or after the date of enactment of this Act.
SEC. 1112. PROHIBITION ON DOWNLOADING OR USING TIKTOK BY FEDERAL
EMPLOYEES.
(a) In General.--Except as provided in subsection (b), no employee
of the United States, officer of the United States, Member of Congress,
congressional employee, or officer or employee of a government
corporation may download or use TikTok or any successor application
developed by ByteDance or any entity owned by ByteDance on any device
issued by the United States or a government corporation.
(b) Exception.--Subsection (a) shall not apply to any
investigation, cybersecurity research activity, enforcement action,
disciplinary action, or intelligence activity.
SEC. 1113. TELEWORK TRAVEL EXPENSES PROGRAM OF THE UNITED STATES PATENT
AND TRADEMARK OFFICE.
(a) In General.--Section 5711 of title 5, United States Code, is
amended--
(1) in the section heading, by striking ``test'';
(2) in subsection (f)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``committee'' and inserting
``committees''; and
(ii) in subparagraph (B), by striking
``Government'';
(B) in paragraph (2)--
(i) by striking ``test''; and
(ii) by striking ``section, including the
provision of reports in accordance with
subsection (d)(1)'' and inserting
``subsection'';
(C) in paragraph (4)(B), in the matter preceding
clause (i), by inserting ``and maintain'' after
``develop''; and
(D) in paragraph (5)--
(i) in subparagraph (A), by striking
``test''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) The Director of the Patent and Trademark Office shall prepare
and submit to the appropriate committees of Congress an annual report
on the operation of the program under this subsection, which shall
include--
``(i) the costs and benefits of the program; and
``(ii) an analysis of the effectiveness of the program, as
determined under criteria developed by the Director.''; and
(3) in subsection (g), by striking ``this section'' and
inserting ``subsection (b)''.
(b) Technical and Conforming Amendments.--The table of sections for
subchapter I of chapter 57 of title 5, United States Code, is amended
by striking the item relating to section 5711 and inserting the
following:
``5711. Authority for telework travel expenses programs.''.
SEC. 1114. EXTENSION OF RATE OF OVERTIME PAY AUTHORITY FOR DEPARTMENT
OF THE NAVY EMPLOYEES PERFORMING WORK ABOARD OR DOCKSIDE
IN SUPPORT OF THE NUCLEAR-POWERED AIRCRAFT CARRIER
FORWARD DEPLOYED IN JAPAN.
Section 5542(a)(6)(B) of title 5, United States Code, is amended by
striking ``September 30, 2021'' and inserting ``September 30, 2026''.
SEC. 1115. VACANCY OF INSPECTOR GENERAL POSITIONS.
(a) In General.--Section 3345 of title 5, United States Code, is
amended by adding at the end the following:
``(d)(1) Notwithstanding subsection (a), if an Inspector General
position that requires appointment by the President by and with the
advice and consent of the Senate to be filled is vacant, the first
assistant of such position shall perform the functions and duties of
the Inspector General temporarily in an acting capacity subject to the
time limitations of section 3346.
``(2) Notwithstanding subsection (a), if for purposes of carrying
out paragraph (1) of this subsection, by reason of absence, disability,
or vacancy, the first assistant to the position of Inspector General is
not available to perform the functions and duties of the Inspector
General, an acting Inspector General shall be appointed by the
President from among individuals serving in an office of any Inspector
General, provided that--
``(A) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve of the
applicable Inspector General, the individual served in a
position in an office of any Inspector General for not less
than 90 days; and
``(B) the rate of pay for the position of such individual
is equal to or greater than the minimum rate of pay payable for
a position at GS-15 of the General Schedule.''.
(b) Application.--The amendment made by subsection (a) shall apply
to any vacancy first occurring with respect to an Inspector General
position on or after the date of enactment of this Act.
Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Elijah E. Cummings Federal
Employee Antidiscrimination Act of 2020''.
SEC. 1122. SENSE OF CONGRESS.
Section 102 of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is
amended--
(1) by striking paragraph (4) and inserting the following:
``(4) accountability in the enforcement of the rights of
Federal employees is furthered when Federal agencies agree to
take appropriate disciplinary action against Federal employees
who are found to have intentionally committed discriminatory
(including retaliatory) acts;''; and
(2) in paragraph (5)(A)--
(A) by striking ``nor is accountability'' and
inserting ``accountability is not''; and
(B) by inserting ``for what, by law, the agency is
responsible'' after ``under this Act''.
SEC. 1123. NOTIFICATION OF VIOLATION.
Section 202 of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is
amended by adding at the end the following:
``(d) Notification of Final Agency Action.--
``(1) In general.--Not later than 90 days after the date on
which an event described in paragraph (2) occurs with respect
to a finding of discrimination (including retaliation), the
head of the Federal agency subject to the finding shall provide
notice--
``(A) on the public internet website of the agency,
in a clear and prominent location linked directly from
the home page of that website;
``(B) stating that a finding of discrimination
(including retaliation) has been made; and
``(C) which shall remain posted for not less than 1
year.
``(2) Events described.--An event described in this
paragraph is any of the following:
``(A) All appeals of a final action by a Federal
agency involving a finding of discrimination (including
retaliation) prohibited by a provision of law covered
by paragraph (1) or (2) of section 201(a) have been
exhausted.
``(B) All appeals of a final decision by the Equal
Employment Opportunity Commission involving a finding
of discrimination (including if the finding included a
finding of retaliation) prohibited by a provision of
law covered by paragraph (1) or (2) of section 201(a)
have been exhausted.
``(C) A court of jurisdiction issues a final
judgment involving a finding of discrimination
(including retaliation) prohibited by a provision of
law covered by paragraph (1) or (2) of section 201(a).
``(3) Contents.--A notification provided under paragraph
(1) with respect to a finding of discrimination (including
retaliation) shall--
``(A) identify the date on which the finding was
made, the date on which each discriminatory act
occurred, and the law violated by each such
discriminatory act; and
``(B) advise Federal employees of the rights and
protections available under the provisions of law
covered by paragraphs (1) and (2) of section 201(a).''.
SEC. 1124. REPORTING REQUIREMENTS.
(a) Electronic Format Requirement.--
(1) In general.--Section 203(a) of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002
(5 U.S.C. 2301 note) is amended in the matter preceding
paragraph (1)--
(A) by inserting ``Homeland Security and'' before
``Governmental Affairs'';
(B) by striking ``on Government Reform'' and
inserting ``on Oversight and Reform''; and
(C) by inserting ``(in an electronic format
prescribed by the Director of the Office of Personnel
Management),'' after ``an annual report''.
(2) Effective date.--The amendment made by paragraph (1)(C)
shall take effect on the date that is 1 year after the date of
enactment of this Act.
(3) Transition period.--Notwithstanding the requirements of
section 203(a) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note), the report required under such section 203(a) may be
submitted in an electronic format, as prescribed by the
Director of the Office of Personnel Management, during the
period beginning on the date of enactment of this Act and
ending on the effective date in paragraph (2).
(b) Reporting Requirement for Disciplinary Action.--Section 203 of
the Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at
the end the following:
``(c) Disciplinary Action Report.--Not later than 120 days after
the date on which a Federal agency takes final action, or a Federal
agency receives a final decision issued by the Equal Employment
Opportunity Commission, involving a finding of discrimination
(including retaliation) in violation of a provision of law covered by
paragraph (1) or (2) of section 201(a), as applicable, the applicable
Federal agency shall submit to the Commission a report stating--
``(1) whether disciplinary action has been proposed against
a Federal employee as a result of the violation; and
``(2) the reasons for any disciplinary action proposed
under paragraph (1).''.
SEC. 1125. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES.
Section 301(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is
amended--
(1) in paragraph (9)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B)(ii), by striking the period
at the end and inserting ``, and''; and
(C) by adding at the end the following:
``(C) with respect to each finding described in
subparagraph (A)--
``(i) the date of the finding,
``(ii) the affected Federal agency,
``(iii) the law violated, and
``(iv) whether a decision has been made
regarding disciplinary action as a result of
the finding.''; and
(2) by adding at the end the following:
``(11) Data regarding each class action complaint filed
against the agency alleging discrimination (including
retaliation), including--
``(A) information regarding the date on which each
complaint was filed,
``(B) a general summary of the allegations alleged
in the complaint,
``(C) an estimate of the total number of plaintiffs
joined in the complaint, if known,
``(D) the current status of the complaint,
including whether the class has been certified, and
``(E) the case numbers for the civil actions in
which discrimination (including retaliation) has been
found.''.
SEC. 1126. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION.
Section 302(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is
amended by striking ``(10)'' and inserting ``(11)''.
SEC. 1127. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND
RETALIATION ACT OF 2002 AMENDMENTS.
(a) Notification Requirements.--Title II of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002 (5
U.S.C. 2301 note) is amended by adding at the end the following:
``SEC. 207. COMPLAINT TRACKING.
``Not later than 1 year after the date of enactment of the Elijah
E. Cummings Federal Employee Antidiscrimination Act of 2020, each
Federal agency shall establish a system to track each complaint of
discrimination arising under section 2302(b)(1) of title 5, United
States Code, and adjudicated through the Equal Employment Opportunity
process from the filing of a complaint with the Federal agency to
resolution of the complaint, including whether a decision has been made
regarding disciplinary action as the result of a finding of
discrimination.
``SEC. 208. NOTATION IN PERSONNEL RECORD.
``If a Federal agency takes an adverse action covered under section
7512 of title 5, United States Code, against a Federal employee for an
act of discrimination (including retaliation) prohibited by a provision
of law covered by paragraph (1) or (2) of section 201(a), the agency
shall, after all appeals relating to that action have been exhausted,
include a notation of the adverse action and the reason for the action
in the personnel record of the employee.''.
(b) Processing and Referral.--The Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is
amended by adding at the end the following:
``TITLE IV--PROCESSING AND REFERRAL
``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.
``Each Federal agency shall--
``(1) be responsible for the fair and impartial processing
and resolution of complaints of employment discrimination
(including retaliation) prohibited by a provision of law
covered by paragraph (1) or (2) of section 201(a); and
``(2) establish a model Equal Employment Opportunity
Program that--
``(A) is not under the control, either structurally
or practically, of the agency's Office of Human Capital
or Office of the General Counsel (or the equivalent);
``(B) is devoid of internal conflicts of interest
and ensures fairness and inclusiveness within the
agency; and
``(C) ensures the efficient and fair resolution of
complaints alleging discrimination (including
retaliation).
``SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL.
``Nothing in this title shall prevent a Federal agency or a
subcomponent of a Federal agency, or the Department of Justice, from
providing advice or counsel to employees of that agency (or
subcomponent, as applicable) in the resolution of a complaint.
``SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY.
``The head of each Federal agency's Equal Employment Opportunity
Program shall report directly to the head of the agency.
``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.
``(a) EEOC Findings of Discrimination.--
``(1) In general.--Not later than 30 days after the date on
which the Equal Employment Opportunity Commission (referred to
in this section as the `Commission') receives, or should have
received, a Federal agency report required under section
203(c), the Commission may refer the matter to which the report
relates to the Office of Special Counsel if the Commission
determines that the Federal agency did not take appropriate
action with respect to the finding that is the subject of the
report.
``(2) Notifications.--The Commission shall--
``(A) notify the applicable Federal agency if the
Commission refers a matter to the Office of Special
Counsel under paragraph (1); and
``(B) with respect to a fiscal year, include in the
Annual Report of the Federal Workforce of the
Commission covering that fiscal year--
``(i) the number of referrals made under
paragraph (1) during that fiscal year; and
``(ii) a brief summary of each referral
described in clause (i).
``(b) Referrals to Special Counsel.--The Office of Special Counsel
shall accept and review a referral from the Commission under subsection
(a)(1) for purposes of pursuing disciplinary action under the authority
of the Office against a Federal employee who commits an act of
discrimination (including retaliation).
``(c) Notification.--The Office of Special Counsel shall notify the
Commission and the applicable Federal agency in a case in which--
``(1) the Office of Special Counsel pursues disciplinary
action under subsection (b); and
``(2) the Federal agency imposes some form of disciplinary
action against a Federal employee who commits an act of
discrimination (including retaliation).
``(d) Special Counsel Approval.--A Federal agency may not take
disciplinary action against a Federal employee for an alleged act of
discrimination (including retaliation) referred by the Commission under
this section, except in accordance with the requirements of section
1214(f) of title 5, United States Code.''.
(c) Conforming Amendments.--The table of contents in section 1(b)
of the Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended--
(1) by inserting after the item relating to section 206 the
following:
``Sec. 207. Complaint tracking.
``Sec. 208. Notation in personnel record.''; and
(2) by adding at the end the following:
``TITLE IV--PROCESSING AND REFERRAL
``Sec. 401. Processing and resolution of complaints.
``Sec. 402. No limitation on advice or counsel.
``Sec. 403. Head of Program supervised by head of agency.
``Sec. 404. Referrals of findings of discrimination.''.
SEC. 1128. NONDISCLOSURE AGREEMENT LIMITATION.
Section 2302(b)(13) of title 5, United States Code, is amended--
(1) by striking ``agreement does not'' and inserting the
following: ``agreement--
``(A) does not'';
(2) in subparagraph (A), as so designated, by inserting
``or the Office of Special Counsel'' after ``Inspector
General''; and
(3) by adding at the end the following:
``(B) prohibits or restricts an employee or
applicant for employment from disclosing to Congress,
the Special Counsel, the Inspector General of an
agency, or any other agency component responsible for
internal investigation or review any information that
relates to any violation of any law, rule, or
regulation, or mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific
danger to public health or safety, or any other
whistleblower protection; or''.
Subtitle C--Office of the National Cyber Director
SEC. 1131. SHORT TITLE.
This subtitle may be cited as the ``National Cyber Director Act''.
SEC. 1132. NATIONAL CYBER DIRECTOR.
(a) Establishment.--There is established, within the Executive
Office of the President, the Office of the National Cyber Director (in
this section referred to as the ``Office'').
(b) National Cyber Director.--
(1) In general.--The Office shall be headed by the National
Cyber Director (in this section referred to as the
``Director'') who shall be appointed by the President, by and
with the advice and consent of the Senate. The Director shall
hold office at the pleasure of the President, and shall be
entitled to receive the same pay and allowances as are provided
for level I of the Executive Schedule under section 5312 of
title 5, United States Code.
(2) Deputy directors.--There shall be two Deputy National
Cyber Directors, to be appointed by the President, who shall
hold office at the pleasure of the President, and who shall
report to the Director, as follows:
(A) The Deputy National Cyber Director for
Strategy, Capabilities, and Budget.
(B) The Deputy National Cyber Director for Plans
and Operations.
(c) Duties of the National Cyber Director.--
(1) In general.--Subject to the authority, direction, and
control of the President, the Director shall--
(A) serve as the principal advisor to the President
on cybersecurity strategy and policy;
(B) in consultation with appropriate Federal
departments and agencies, develop the United States'
National Cyber Strategy, which shall include elements
related to Federal departments and agencies--
(i) information security; and
(ii) programs and policies intended to
improve the United States' cybersecurity
posture;
(C) in consultation with appropriate Federal
departments and agencies and upon approval of the
National Cyber Strategy by the President, supervise
implementation of the strategy by--
(i) in consultation with the Director of
the Office of Management and Budget, monitoring
and assessing the effectiveness, including
cost-effectiveness, of Federal departments and
agencies' implementation of the strategy;
(ii) making recommendations relevant to
changes in the organization, personnel and
resource allocation, and policies of Federal
departments and agencies to the Director of the
Office of Management and Budget and heads of
such departments and agencies in order to
implement the strategy;
(iii) reviewing the annual budget proposal
for each Federal department or agency and
certifying to the head of each Federal
department or agency and the Director of the
Office Management and Budget whether the
department or agency proposal is consistent
with the strategy;
(iv) continuously assessing and making
relevant recommendations to the President on
the appropriate level of integration and
interoperability across the Federal
cybersecurity operations centers;
(v) coordinating with the Federal Chief
Information Officer, the Federal Chief
Information Security Officer, the Director of
the Cybersecurity and Infrastructure Security
Agency, and the Director of National Institute
of Standards and Technology on the development
and implementation of policies and guidelines
related to issues of Federal department and
agency information security; and
(vi) reporting annually to the President
and the Congress on the state of the United
States' cybersecurity posture, the
effectiveness of the strategy, and the status
of Federal departments and agencies'
implementation of the strategy;
(D) lead joint interagency planning for the Federal
Government's integrated response to cyberattacks and
cyber campaigns of significant consequence, to
include--
(i) coordinating with relevant Federal
departments and agencies in the development of,
for the approval of the President, joint,
integrated operational plans, processes, and
playbooks for incident response that feature--
(I) clear lines of authority and
lines of effort across the Federal
Government;
(II) authorities that have been
delegated to an appropriate level to
facilitate effective operational
responses across the Federal
Government; and
(III) support for the integration
of defensive cyber plans and
capabilities with offensive cyber plans
and capabilities in a manner consistent
with improving the United States'
cybersecurity posture;
(ii) exercising these operational plans,
processes, and playbooks;
(iii) updating these operational plans,
processes, and playbooks for incident response
as needed in coordination with ongoing
offensive cyber plans and operations; and
(iv) ensuring these plans, processes, and
playbooks are properly coordinated with
relevant private sector entities, as
appropriate;
(E) direct the Federal Government's response to
cyberattacks and cyber campaigns of significant
consequence, to include--
(i) developing for the approval of the
President, with the heads of relevant Federal
departments and agencies independently or
through the National Security Council as
directed by the President, operational
priorities, requirements, and tasks;
(ii) coordinating, deconflicting, and
ensuring the execution of operational
activities in incident response; and
(iii) coordinating operational activities
with relevant private sector entities;
(F) coordinate and consult with private sector
leaders on cybersecurity and emerging technology issues
with the support of, and in coordination with, the
Cybersecurity and Infrastructure Security Agency and
other Federal departments and agencies, as appropriate;
(G) annually report to Congress on cybersecurity
threats and issues facing the nation, including any new
or emerging technologies that may impact national
security, economic prosperity, or enforcing the rule of
law; and
(H) be responsible for such other functions as the
President may direct.
(2) Delegation of authority.--The Director may--
(A) serve as the senior representative on any body
that the President may establish for the purpose of
providing the President advice on cybersecurity;
(B) be empowered to convene National Security
Council, National Economic Council and Homeland
Security Council meetings, with the concurrence of the
National Security Advisor, Homeland Security Advisor,
or Director of the National Economic Council, as
appropriate;
(C) be included as a participant in preparations
for and, if appropriate, execution of cybersecurity
summits and other international meetings at which
cybersecurity is a major topic;
(D) delegate any of the Director's functions,
powers, and duties to such officers and employees of
the Office as he may designate; and
(E) authorize such successive re-delegations of
such functions, powers, and duties to such officers and
employees of the Office as he may deem appropriate.
(d) Attendance and Participation in National Security Council
Meetings.--Section 101(c)(2) of the National Security Act of 1947 (50
U.S.C. 3021(c)(2)) is amended by striking ``and the Chairman of the
Joint Chiefs of Staff'' and inserting ``the Chairman of the Joint
Chiefs of Staff, and the National Cyber Director''.
(e) Powers of the Director.--The Director may, for the purposes of
carrying out the Director's functions under this section--
(1) subject to the civil service and classification laws,
select, appoint, employ, and fix the compensation of such
officers and employees as are necessary and prescribe their
authority and duties, except that not more than 75 individuals
may be employed without regard to any provision of law
regulating the employment or compensation at rates not to
exceed the basic rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code;
(2) employ experts and consultants in accordance with
section 3109 of title 5, United States Code, and compensate
individuals so employed for each day (including travel time) at
rates not in excess of the maximum rate of basic pay for grade
GS-15 as provided in section 5332 of such title, and while such
experts and consultants are so serving away from their homes or
regular place of business, to pay such employees travel
expenses and per diem in lieu of subsistence at rates
authorized by section 5703 of such title 5 for persons in
Federal Government service employed intermittently;
(3) promulgate such rules and regulations as may be
necessary to carry out the functions, powers, and duties vested
in the Director;
(4) utilize, with their consent, the services, personnel,
and facilities of other Federal agencies;
(5) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as may be
necessary in the conduct of the work of the Office and on such
terms as the Director may determine appropriate, with any
Federal agency, or with any public or private person or entity;
(6) accept voluntary and uncompensated services,
notwithstanding the provisions of section 1342 of title 31,
United States Code;
(7) adopt an official seal, which shall be judicially
noticed; and
(8) provide, where authorized by law, copies of documents
to persons at cost, except that any funds so received shall be
credited to, and be available for use from, the account from
which expenditures relating thereto were made.
(f) Definitions.--In this section:
(1) Cybersecurity posture.--The term ``cybersecurity
posture'' means the ability to identify and protect, and
detect, respond to and recover from intrusions in, information
systems the compromise of which could constitute a cyber attack
or cyber campaign of significant consequence.
(2) Cyber attacks and cyber campaigns of significant
consequence.--The term ``cyber attacks and cyber campaigns of
significant consequence'' means an incident or series of
incidents that have the purpose or effect of--
(A) causing a significant disruption to the
availability of a Federal information system;
(B) harming, or otherwise significantly
compromising the provision of service by, a computer or
network of computers that support one or more entities
in a critical infrastructure sector;
(C) significantly compromising the provision of
services by one or more entities in a critical
infrastructure sector;
(D) causing a significant misappropriation of funds
or economic resources, trade secrets, personal
identifiers, or financial information for commercial or
competitive advantage or private financial gain; or
(E) otherwise constituting a significant threat to
the national security, foreign policy, or economic
health or financial stability of the United States.
(3) Incident.--The term ``incident'' has the meaning given
that term in section 3552 of title 44, United States Code.
(4) Information security.--The term ``information
security'' has the meaning given that term in section 3552 of
title 44, United States Code.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION AND EXTENSION OF SUPPORT OF SPECIAL OPERATIONS
FOR IRREGULAR WARFARE.
(a) Authority.--Subsection (a) of section 1202 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1639) is amended--
(1) by striking ``$10,000,000'' and inserting
``$15,000,000''; and
(2) by striking ``2023'' and inserting ``2025''.
(b) Notification.--Subsection (d)(2) of such section is amended--
(1) by redesignating subparagraph (E) as subparagraph (G);
(2) by inserting after subparagraph (D) the following:
``(E) A description of steps taken to ensure the
support is consistent with other United States
diplomatic and security interests, including issues
related to local political dynamics, civil-military
relations, and human rights.
``(F) A description of steps taken to ensure that
the recipients of the support have not and will not
engage in human rights violations or violations of the
Geneva Conventions of 1949, including vetting,
training, and support for adequately investigating
allegations of violations and removing support in case
of credible reports of violations.''; and
(3) in clause (i) of subparagraph (G), as redesignated, to
read as follows:
``(i) An introduction of United States
Armed Forces (including as such term is defined
in section 8(c) of the War Powers Resolution
(50 U.S.C. 1547(c))) into hostilities, or into
situations where hostilities are clearly
indicated by the circumstances, without
specific statutory authorization within the
meaning of section 5(b) of such Resolution (50
U.S.C. 1544(b)).''.
(c) Construction of Authority.--Subsection (f)(2) of such section
is amended by striking ``of section 5(b)''.
(d) Clarification.--Such section, as so amended, is further
amended--
(1) by redesignating subsections (g), (h), and (i) as
subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Clarification.--The provision of support to foreign forces,
irregular forces, groups, or individuals pursuant to subsection (a)
constitutes support to a unit of a foreign security force for purposes
of section 362 of title 10, United States Code.''.
SEC. 1202. DEPARTMENT OF DEFENSE PARTICIPATION IN EUROPEAN PROGRAM ON
MULTILATERAL EXCHANGE OF SURFACE TRANSPORTATION SERVICES.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 2350o. Participation in European Program on Multilateral
Exchange of Surface Transportation Services
``(a) Participation Authorized.--(1) The Secretary of Defense may,
with the concurrence of the Secretary of State, authorize the
participation of the United States in the Surface Exchange of Services
program (in this section referred to as the `SEOS program') of the
Movement Coordination Centre Europe.
``(2) Participation in the SEOS program under paragraph (1) may
include--
``(A) the reciprocal exchange or transfer of surface
transportation on a reimbursable basis or by replacement-in-
kind; or
``(B) the exchange of surface transportation services of
equal value.
``(b) Written Arrangements or Agreements.--(1) The participation of
the United States in the SEOS program under subsection (a) shall be in
accordance with a written arrangement or agreement entered into by the
Secretary of Defense, with the concurrence of the Secretary of State,
and the Movement Coordination Centre Europe.
``(2) If facilities, equipment, or funds of the Department of
Defense are used to support the SEOS program, the written arrangement
or agreement entered into under paragraph (1) shall specify the details
of any equitable cost sharing or other funding arrangement.
``(3) Any written arrangement or agreement entered into under
paragraph (1) shall require that any accrued credits and liabilities
resulting from an unequal exchange or transfer of surface
transportation services shall be liquidated, not less than once every
five years, through the SEOS program.
``(c) Implementation.--In carrying out any arrangement or agreement
entered into under subsection (b)(1), the Secretary of Defense may--
``(1) from funds available to the Department of Defense for
operation and maintenance, pay the equitable share of the
United States for the operating expenses of the Movement
Coordination Centre Europe and the SEOS program; and
``(2) assign members of the armed forces or civilian
personnel of the Department of Defense, from among members and
personnel within billets authorized for the United States
European Command, to duty at the Movement Coordination Centre
Europe as necessary to fulfill the obligations of the United
States under that arrangement or agreement.
``(d) Crediting of Receipts.--Any amount received by the United
States as part of the SEOS program shall be credited, at the option of
the Secretary of Defense, to--
``(1) the appropriation, fund, or account used in incurring
the obligation for which such amount is received; or
``(2) an appropriate appropriation, fund, or account
currently available for the purposes for which the expenditures
were made.
``(e) Expiration.--The authority provided by this section to
participate in the SEOS program shall expire five years after the date
on which the Secretary of Defense first enters into a written
arrangement or agreement under subsection (b). The Secretary shall
publish notice of such date on a public website of the Department of
Defense.
``(f) Limitation on Statutory Construction.--Nothing in this
section may be construed to authorize the use of foreign sealift in
violation of section 2631 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2350o. Participation in European program on multilateral exchange of
surface transportation services.''.
SEC. 1203. EXTENSION OF AUTHORITY TO TRANSFER EXCESS HIGH MOBILITY
MULTIPURPOSE WHEELED VEHICLES TO FOREIGN COUNTRIES.
Section 1276 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1699) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph(A), by adding at the end the
following: ``Such description may include, if
applicable, a description of the priority United States
security or defense cooperation interest with the
recipient country that is fulfilled by the waiver.'';
and
(B) by striking subparagraph (B) and inserting the
following:
``(B) An explanation of why it is in the national
interests of the United States to make the transfer
notwithstanding the requirements of subsection
(a)(1).''; and
(2) in subsection (c)(2), by striking ``three'' and
inserting ``five''.
SEC. 1204. MODIFICATION AND EXTENSION OF UPDATE OF DEPARTMENT OF
DEFENSE FREEDOM OF NAVIGATION REPORT.
(a) In General.--Subsection (a) of section 1275 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2540) is amended--
(1) by striking ``an annual basis'' and inserting ``a
biannual basis''; and
(2) by striking ``the previous year'' and inserting ``the
previous 6 months''.
(b) Elements.--Subsection (b) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
``the year'' and inserting ``the period'';
(2) in paragraph (1), by inserting ``the number of maritime
and overflight challenges to each such claim and'' before ``the
country'';
(3) in paragraph (5), by inserting ``have been protested by
the United States but'' before ``have not been challenged'';
and
(4) by adding at the end the following:
``(6) A summary of each excessive maritime claim challenged
jointly with international partners and allies.''.
(c) Form.--Subsection (c) of such section is amended by adding at
the end before the period the following: ``and made publicly
available''.
(d) Sunset.--Subsection (d) of such section is amended by striking
``December 31, 2021'' and inserting ``December 31, 2025''.
(e) Conforming Amendment.--The heading of such section is amended
by striking ``annual'' and inserting ``biannual''.
SEC. 1205. EXTENSION OF REPORT ON WORKFORCE DEVELOPMENT.
Section 1250(b)(1) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2529) is amended by
striking ``through 2021'' and inserting ``through 2026''.
SEC. 1206. REPORT ON HUMAN RIGHTS AND BUILDING PARTNER CAPACITY
PROGRAMS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report identifying units of national security forces of
foreign countries that--
(1) have participated in programs under the authority of
section 333 of title 10, United States Code, during any of
fiscal years 2017 through 2020; and
(2) are subject to United States sanctions relating to
gross violations of internationally recognized human rights
under any other provision of law, including as described in the
annual Department of State's Country Reports on Human Rights
Practices.
(b) Matters To Be Included.--The report required by subsection (a)
should include recommendations to improve human rights training and
additional measures that can be adopted to prevent violations of human
rights under any other provision of law.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1207. EXTENSION OF DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION
ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE UNITED
STATES.
Subsection (h) of section 1210A of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1628) is amended by striking ``December 31, 2020'' and inserting
``December 31, 2021''.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED
STATES MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 393) is amended by striking ``October 1, 2019, and ending on
December 31, 2020'' and inserting ``October 1, 2020, and ending on
December 31, 2021''.
(b) Modification to Limitation.--Subsection (d)(1) of such section
is amended--
(1) by striking ``October 1, 2019, and ending on December
31, 2020'' and inserting ``October 1, 2020, and ending on
December 31, 2021''; and
(2) by striking ``$450,000,000'' and inserting
``$180,000,000''.
SEC. 1212. EXTENSION OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM.
(a) In General.--Section 602(b)(3)(F) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(1) in the heading, by striking ``2020'' and inserting
``2021'';
(2) in clause (i), by striking ``December 31, 2021'' and
inserting ``December 31, 2022''; and
(3) in clause (ii), the striking ``December 31, 2021''
inserting ``December 31, 2022''.
(b) Report Extension.--Section 602(b)(13) of such Act (8 U.S.C.
1101 note) is amended by striking ``January 31, 2021'' and inserting
``January 31, 2023''.
SEC. 1213. LIMITATION ON USE OF FUNDS TO REDUCE DEPLOYMENT TO
AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national security interests of the United
States to deny terrorists safe haven in Afghanistan, protect
the United States homeland, uphold the United States
partnership with the Government of Afghanistan and cooperation
with the Afghan National Defense and Security Forces, and
protect the hard-fought rights of women, girls, and other
vulnerable populations in Afghanistan;
(2) a rapid military drawdown and a lack of United States
commitment to the security and stability of Afghanistan would
undermine diplomatic efforts for peace;
(3) the current agreement between the United States and the
Taliban is not a substitute for a final intra-Afghan agreement
that provides for the appropriate protections for vulnerable
populations, creates conditions for the rejection of violence
and prevention of international terrorist safe havens, and
represents a durable diplomatic solution, based on verifiable
facts and conditions on the ground, that provides for long-term
stability; and
(4) the Administration has a constitutional obligation to
provide Congress with regular, timely, and comprehensive
information on the status of security operations and diplomatic
efforts in a form that can be transparently communicated to the
American people.
(b) Limitation.--Until the date on which the Secretary of Defense,
in concurrence with each covered official, submits the report described
in subsection (c) to the appropriate congressional committees, none of
the amounts authorized to be appropriated for fiscal year 2020 or 2021
for the Department of Defense may be obligated or expended for any
activity having either of the following effects:
(1) Reducing the total number of Armed Forces deployed to
Afghanistan below the lesser of--
(A) 8,000; or
(B) the total number of the Armed Forces deployed
as of the date of the enactment of this Act.
(2) Reducing the total number of Armed Forces deployed to
Afghanistan below 4,000.
(c) Report.--The report described in this subsection shall include
each of the following:
(1) A certification that the intended withdrawal of the
United States Armed Forces in Afghanistan--
(A) will not compromise or otherwise negatively
affect the ongoing United States counterterrorism
mission against the Islamic State, al-Qaeda, and
associated forces;
(B) will not unduly increase the risk to United
States personnel in Afghanistan;
(C) will not increase the risk for the expansion of
existing or formation of new international terrorist
safe havens inside Afghanistan;
(D) will be undertaken with the consultation and
coordination of allies supporting the United States-
and North Atlantic Treaty Organization-led missions;
and
(E) is in the best interest of United States
national security and in furtherance of United States
policy toward Afghanistan for achieving an enduring
diplomatic solution.
(2) An analysis of the impact that the intended withdrawal
of United States Armed Forces from Afghanistan would have on
each of the following:
(A) The threat posed by the Taliban and terrorist
organizations, including by each covered terrorist
organization, to--
(i) the United States homeland;
(ii) United States interests abroad;
(iii) allied countries of the North
Atlantic Treaty Organization;
(iv) the Government of Afghanistan; and
(v) regional peace and security.
(B) The ability of the Afghan government to uphold
the human and civil rights (including access to voting,
education, justice, and economic opportunities) of
women, girls, people with disabilities, religious and
ethnic minorities, and other vulnerable populations in
Afghanistan.
(C) Transparent, credible, and inclusive political
processes in Afghanistan.
(D) The capacity of the Afghan National Defense and
Security Forces to effectively--
(i) prevent or defend against attacks by
the Taliban or by terrorist organizations
(including by each covered terrorist
organization) on civilian populations;
(ii) prevent the permanent takeover of one
or more provincial capitals by the Taliban or
by associated organizations;
(iii) conduct counterterrorism operations
necessary to deny safe harbor to international
terrorist organizations that the intelligence
community assess pose a threat to the United
States homeland and United States interests
abroad; and
(iv) maintain institutional order and
discipline.
(E) The influence of Afghanistan's neighbors and
near neighbors on the sovereignty of Afghanistan and
the strategic national security interests of the United
States in the region.
(F) Any other matter the Secretary of Defense, in
concurrence with each covered official, determines
appropriate.
(3) An assessment by the intelligence community of the
manner and extent to which--
(A) state actors have provided any incentives to
the Taliban, their affiliates, or other foreign
terrorist organizations for attacks against United
States, coalition, or Afghan security forces or
civilians in Afghanistan in the last 2 years, including
the details of any attacks believed to have been
connected with such incentives;
(B) the Taliban has publicly renounced al-Qaeda;
(C) the Taliban has made any efforts to break with
al-Qaeda since February 29, 2020, and a description of
these efforts;
(D) any senior al-Qaeda leaders, including Ayman
al-Zawahiri, or any leaders of al-Qaeda in the Indian
Subcontinent, have been present in Afghanistan since
February 29, 2020, and if so, the names of the leaders,
the dates they were present in Afghanistan, and their
other locations since February 29, 2020;
(E) any members of al-Qaeda, al-Qaeda in the Indian
Subcontinent, al-Qaeda-affiliated groups, or any
covered terrorist organization have, since February 29,
2020--
(i) fought alongside, trained alongside,
otherwise operated alongside, or sheltered with
the Taliban in Afghanistan;
(ii) conducted attacks inside Afghanistan,
and, if so, the dates and locations of such
attacks;
(iii) operated training camps or related
facilities inside Afghanistan, and, if so, the
locations of those camps or facilities;
(iv) traveled to Afghanistan from Pakistan,
Iran, or neighboring countries;
(v) continued to have ties to any Taliban
leaders or members located in Pakistan; or
(vi) continued to work with the Haqqani
Network;
(F) any of the prisoners released by the Government
of Afghanistan since February 29, 2020--
(i) are members of, or have ties to, any
covered terrorist organizations or any other
organization designated by the United States as
a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189) and, if so, the names of
such former prisoners and the reasons for their
detention inside Afghanistan; or
(ii) are suspected of taking part in
attacks against American service members or
civilians or attacks that caused American
casualties and, if so, the names of the
prisoners, the date and location of such
attacks, and the number of American casualties
attributed to such attacks;
(G) any of the prisoners the Taliban has requested
for release, but who have not yet been released as of
the date of the enactment of this Act, are members of,
or have ties to, any covered terrorist organizations or
any other organization designated by the United States
as a foreign terrorist organization pursuant to section
219 of the Immigration and Nationality Act (8 U.S.C.
1189) and, if so, the names of the prisoners and the
organizations to which they are affiliated; and
(H) senior Taliban leaders, including members of
the Haqqani Network, who are located in Pakistan
continue to exercise control over the insurgency in
Afghanistan.
(4) The number of attacks that the Taliban has carried out
in Afghanistan since February 29, 2020, including the location
and date of each attack as well as casualties related to each
attack.
(d) Form.--The report described in subsection (c) shall be
submitted in unclassified form without any designation relating to
dissemination control, but may contain a classified annex that is
accompanied by an unclassified summary of the annex.
(e) Waiver.--The Secretary of Defense may waive the limitation
under subsection (b) if, in consultation with the Chairman of the Joint
Chiefs of Staff and the Commander of United States Forces, Afghanistan,
the Secretary--
(1) determines that the waiver is--
(A) necessary due to an imminent and extraordinary
threat to members of the United States Armed Forces in
the Afghanistan; or
(B) vital to the national security interests of the
United States; and
(2) submits to the appropriate congressional committees a
detailed, written justification for such waiver, not later than
10 days after the effective date of the waiver; and
(3) in the case of a determination described in paragraph
(1)(A), includes in such justification each of the following:
(A) A detailed description of the change in threat
assessment leading to the determination.
(B) An explanation for the reasons for which
existing force protection mechanisms were not
sufficient to reasonably ensure the safety of members
of the Armed Forces.
(C) The steps that have been taken to ensure that
United States equipment does not fall into enemy hands.
(D) A description of the coordination with allied
countries of the North Atlantic Treaty Organization and
with other allies and partners with respect to the
withdrawal.
(E) A description of the coordination with the
Department of State to ensure the safety of American
citizens in Afghanistan in light of and subsequent to
the withdrawal.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of
the Senate;
(B) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate; and
(C) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
(2) Covered official.--The term ``covered official''
means--
(A) the Secretary of State;
(B) the Director of National Intelligence;
(C) the Director of the Central Intelligence
Agency;
(D) the Chairman of the Joint Chiefs of Staff;
(E) the Commander of United States Central Command;
(F) the Commander of United States Forces,
Afghanistan; and
(G) the United States Permanent Representative to
the North Atlantic Treaty Organization.
(3) Covered terrorist organization.--The term ``covered
terrorist organization'' means any of the following:
(A) al-Qaeda and affiliates, including al-Qaeda in
the Indian Subcontinent.
(B) The Islamic State and affiliates.
(C) Tehrik-e Taliban Pakistan.
(D) The Haqqani Network.
(E) Islamic Movement of Uzbekistan.
(F) Eastern Turkistan Islamic Movement.
(G) Ansralluh.
(H) Lashkar-e-Tayyiba (including under the alias
Jamaat-ud-Dawa).
(I) Jaish-e-Mohammed.
(J) Harakat ul-Jihad-Islami.
(K) Harakat ul-Mujahidin.
(L) Jaysh al-Adl.
(M) Lashkar-i-Jhangvi.
(N) Mullah Nasir Group.
(O) Hafiz Gul Bahadar Group.
(P) Lashkar-i-Islam.
(Q) Islamic Jihad Union Group.
(R) Jamaat-ud-Dawa al Quran.
(S) Ansarul Islam.
SEC. 1214. REPORT ON OPERATION FREEDOM SENTINEL.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and as part of the materials relating to
Operation Freedom Sentinel submitted to Congress by the Secretary of
Defense in support of the budget of the President for the following 2
fiscal years, the Secretary shall submit to the Committee on Armed
Services of the House of Representatives and the Committee on Armed
Services of the Senate a report on Operation Freedom Sentinel.
(b) Matters To Be Included.--The report required by subsection (a)
shall include a list and description of activities, exercises, and
funding amounts carried out under the operation, including--
(1) specific direct war costs;
(2) activities that occur in Afghanistan;
(3) activities that occur outside of Afghanistan, including
training and costs relating to personnel;
(4) activities that provide funding to any of the services
that is part of the operation's budget request; and
(5) activities related to transportation, logistics, and
other support.
SEC. 1215. MODIFICATIONS TO IMMUNITY FROM SEIZURE UNDER JUDICIAL
PROCESS OF CULTURAL OBJECTS.
(a) In General.--The Act of October 19, 1965, entitled ``An Act to
render immune from seizure under judicial process certain objects of
cultural significance imported into the United States for temporary
display or exhibition, and for other purposes'' (22 U.S.C. 2459; 79
Stat. 985) is amended--
(1) in the heading, by striking ``temporary exhibition or
display'' and inserting ``temporary storage, conservation,
scientific research, exhibition, or display'';
(2) in subsection (a)--
(A) by striking ``the temporary exhibition or
display thereof'' each place it appears and inserting
``temporary storage, conservation, scientific research,
exhibition, or display''; and
(B) by striking ``cultural or educational'' each
place it appears and inserting ``cultural, educational,
or religious''; and
(3) by adding at the end the following:
``(d) For purposes of this section, the terms `imported' and
`importation' include a transfer from a mission of a foreign country
located within the United States to a cultural, educational, or
religious institution located within the United States.''.
(b) Afghanistan.--
(1) In general.--A work of art or other object of cultural
significance that is imported into the United States for
temporary storage, conservation, scientific research,
exhibition, or display shall be deemed to be immune from
seizure under such Act of October 19, 1965 (22 U.S.C. 2459) (as
amended by subsection (a)), and the provisions of such Act
shall apply in the same manner and to the same extent to such
work or object, if--
(A) the work or object is exported from Afghanistan
with an export permit or license duly issued by the
Government of Afghanistan; and
(B)(i) an agreement is entered into between the
Government of Afghanistan and the cultural,
educational, or religious institution within the United
States that specifies the conditions for such material
to be returned to Afghanistan; or
(ii) the work or object is transferred to a
cultural, educational, or religious institution in the
United States in accordance with an agreement described
in clause (i) that also includes an authorization to
transfer such work or object to such an institution.
SEC. 1216. STRATEGY FOR POST-CONFLICT ENGAGEMENT BY THE UNITED STATES
IN AFGHANISTAN.
(a) In General.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International Development
and other relevant Federal departments and agencies, shall submit to
the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate not later than 120
days after a final Afghan Reconciliation Agreement is reached, a
strategy for post-conflict engagement by the United States in
Afghanistan to support the implementation of commitments for women and
girls' inclusion and empowerment in the Agreement, as well as to
protect and promote basic human rights in Afghanistan, especially the
human rights of women and girls.
(b) Required Elements.--The Secretary of State shall seek to ensure
that activities carried out under the strategy--
(1) employ rigorous monitoring and evaluation
methodologies, including ex-post evaluation, and gender
analysis as defined by the Women's Entrepreneurship and
Economic Empowerment Act of 2018 (Public Law 115-428) and
required by the U.S. Strategy on Women, Peace, and Security;
(2) disaggregate all data collected and reported by age,
gender, marital and motherhood status, disability, and
urbanity, to the extent practicable and appropriate; and
(3) advance the principles and objectives specified in the
Policy Guidance on Promoting Gender Equality of the Department
of State and the Gender Equality and Female Empowerment Policy
of the United States Agency for International Development.
SEC. 1217. CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS WITH TALIBAN
OFFICIALS AND AFGHANISTAN'S COMPREHENSIVE PEACE PROCESS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, and the Select Committee
on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) Government of afghanistan.--The term ``Government of
Afghanistan'' means the Government of the Islamic Republic of
Afghanistan and its agencies, instrumentalities, and controlled
entities.
(3) The taliban.--The term ``the Taliban''--
(A) refers to the organization that refers to
itself as the ``Islamic Emirate of Afghanistan'', that
was founded by Mohammed Omar, and that is currently led
by Mawlawi Hibatullah Akhundzada; and
(B) includes subordinate organizations, such as the
Haqqani Network, and any successor organization.
(4) February 29 agreement.--The term ``February 29
Agreement'' refers to the political arrangement between the
United States and the Taliban titled ``Agreement for Bringing
Peace to Afghanistan Between the Islamic Emirate of Afghanistan
which is not recognized by the United States as a state and is
known as the Taliban and the United States of America'' signed
at Doha, Qatar February 29, 2020.
(b) Oversight of Peace Process and Other Agreements.--
(1) Transmission to congress of materials relevant to the
february 29 agreement.--The Secretary of State, in consultation
with the Secretary of Defense, shall continue to submit to the
appropriate congressional committees materials relevant to the
February 29 Agreement.
(2) Submission to congress of any future deals involving
the taliban.--The Secretary of State shall submit to the
appropriate congressional committees, within 5 days of
conclusion and on an ongoing basis thereafter, any future
agreement or arrangement involving the Taliban in any manner,
as well as materials relevant to any future agreement or
arrangement involving the Taliban in any manner.
(3) Definitions.--In this subsection, the terms ``materials
relevant to the February 29 Agreement'' and ``materials
relevant to any future agreement or arrangement'' include all
annexes, appendices, and instruments for implementation of the
February 29 Agreement or a future agreement or arrangement, as
well as any understandings or expectations related to the
Agreement or a future agreement or arrangement.
(c) Report and Briefing on Verification and Compliance.--
(1) In general.--
(A) Report.--Not later than 90 days after the date
of the enactment of this Act, and not less frequently
than once every 120 days thereafter, the President
shall submit to the appropriate congressional
committees a report verifying whether the key tenets of
the February 29 Agreement, or future agreements, and
accompanying implementing frameworks are being
preserved and honored.
(B) Briefing.--At the time of each report submitted
under subparagraph (A), the Secretary of State shall
direct a Senate-confirmed Department of State official
and other appropriate officials to brief the
appropriate congressional committees on the contents of
the report. The Director of National Intelligence shall
also direct an appropriate official to participate in
the briefing.
(2) Elements.--The report and briefing required under
paragraph (1) shall include--
(A) an assessment--
(i) of the Taliban's compliance with
counterterrorism guarantees, including
guarantees to deny safe haven and freedom of
movement to al-Qaeda and other terrorist
threats from operating on territory under its
influence; and
(ii) whether the United States intelligence
community has collected any intelligence
indicating the Taliban does not intend to
uphold its commitments;
(B) an assessment of Taliban actions against
terrorist threats to United States national security
interests;
(C) an assessment of whether Taliban officials have
made a complete, transparent, public, and verifiable
breaking of all ties with al-Qaeda;
(D) an assessment of the current relationship
between the Taliban and al-Qaeda, including any
interactions between members of the two groups in
Afghanistan, Pakistan, or other countries, and any
change in Taliban conduct towards al-Qaeda since
February 29, 2020;
(E) an assessment of the relationship between the
Taliban and any other terrorist group that is assessed
to threaten the security of the United States or its
allies, including any change in conduct since February
29, 2020;
(F) an assessment of whether the Haqqani Network
has broken ties with al-Qaeda, and whether the Haqqani
Network's leader Sirajuddin Haqqani remains part of the
leadership structure of the Taliban;
(G) an assessment of threats emanating from
Afghanistan against the United States homeland and
United States partners, and a description of how the
United States Government is responding to those
threats;
(H) an assessment of intra-Afghan discussions,
political reconciliation, and progress towards a
political roadmap that seeks to serve all Afghans;
(I) an assessment of the viability of any intra-
Afghan governing agreement;
(J) an assessment as to whether the terms of any
reduction in violence or ceasefire are being met by all
sides in the conflict;
(K) a detailed overview of any United States and
NATO presence remaining in Afghanistan and any planned
changes to such force posture;
(L) an assessment of the status of human rights,
including the rights of women, minorities, and youth;
(M) an assessment of the access of women,
minorities, and youth to education, justice, and
economic opportunities in Afghanistan;
(N) an assessment of the status of the rule of law
and governance structures at the central, provincial,
and district levels of government;
(O) an assessment of the media and of the press and
civil society's operating space in Afghanistan;
(P) an assessment of illicit narcotics production
in Afghanistan, its linkages to terrorism, corruption,
and instability, and policies to counter illicit
narcotics flows;
(Q) an assessment of corruption in Government of
Afghanistan institutions at the district, provincial,
and central levels of government;
(R) an assessment of the number of Taliban and
Afghan prisoners and any plans for the release of such
prisoners from either side;
(S) an assessment of any malign Iranian, Chinese,
and Russian influence in Afghanistan;
(T) an assessment of how other regional actors,
such as Pakistan, the countries of Central Asia, and
India, are engaging with Afghanistan;
(U) a detailed overview of national-level efforts
to promote transitional justice, including forensic
efforts and documentation of war crimes, mass killings,
or crimes against humanity, redress to victims, and
reconciliation activities;
(V) A detailed overview of United States support
for Government of Afghanistan and civil society efforts
to promote peace and justice at the local level and how
these efforts are informing government-level policies
and negotiations;
(W) an assessment of the progress made by the
Afghanistan Ministry of Interior and the Office of the
Attorney General to address gross violations of human
rights (GVHRs) by civilian security forces, Taliban,
and non-government armed groups, including--
(i) a breakdown of resources provided by
the Government of Afghanistan towards these
efforts; and
(ii) a summary of assistance provided by
the United States Government to support these
efforts; and
(X) an overview of civilian casualties caused by
the Taliban, non-government armed groups, and Afghan
National Defense and Security Forces, including--
(i) an estimate of the number of destroyed
or severely damaged civilian structures;
(ii) a description of steps taken by the
Government of Afghanistan to minimize civilian
casualties and other harm to civilians and
civilian infrastructure;
(iii) an assessment of the Government of
Afghanistan's capacity and mechanisms for
investigating reports of civilian casualties;
and
(iv) an assessment of the Government of
Afghanistan's efforts to hold local militias
accountable for civilian casualties.
(3) Counterterrorism strategy.--In the event that the
Taliban does not meet its counterterrorism obligations under
the February 29 Agreement, the report and briefing required
under this subsection shall include information detailing the
United States' counterterrorism strategy in Afghanistan and
Pakistan.
(4) Form.--The report required under subparagraph (A) of
paragraph (1) shall be submitted in unclassified form, but may
include a classified annex, and the briefing required under
subparagraph (B) of such paragraph shall be conducted at the
appropriate classification level.
(d) Rule of Construction.--Nothing in this section shall prejudice
whether a future deal involving the Taliban in any manner constitutes a
treaty for purposes of Article II of the Constitution of the United
States.
(e) Sunset.--Except for subsections (b) and (d), the provisions of
this section shall cease to be effective on the date that is 5 years
after the date of the enactment of this Act.
SEC. 1218. REPORT ON CIVILIAN CASUALTIES IN AFGHANISTAN.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter subject to subsection
(c), the Secretary of Defense and Secretary of State shall submit to
the Committee on Armed Services and the Committee on Foreign Affairs of
the House of Representatives and the Committee on Armed Services and
the Committee on Foreign Relations of the Senate a report on civilian
casualties caused by the Afghan National Defense and Security Forces
and Taliban. Such report shall adhere to the existing reporting
framework as the ``Enhancing Security and Stability in Afghanistan''
semiannual report.
(b) Contents.--The report shall include the following:
(1) A description of the steps the Government of
Afghanistan is taking to minimize civilian casualties and other
harm to civilians and civilian infrastructure limited to health
facilities, schools, and non-governmental organizations.
(2) An assessment of civilian casualties and other harm to
civilians and civilian infrastructure limited to health
facilities, schools, and non-governmental organizations caused
by the Taliban.
(3) An assessment of the progress of implementation of the
Government of Afghanistan's national civilian casualty and
mitigation policy.
(4) An assessment of the Government of Afghanistan's
capacity and mechanisms for assessing and investigating reports
of civilian casualties, to include a description of the
function and effectiveness of the Afghan Civilian Casualty
Mitigation Team and an assessment of the availability of
channels for civilians to report civilian harm.
(5) An assessment of the capacity of the Afghan National
Defense and Security Forces and the Taliban to operate in
effective compliance with the laws of armed conflict, to
include its principles of proportion and distinction, and any
gaps or weaknesses in need of addressing.
(6) An assessment of the Afghan National Defense and
Security Forces' capacity for planning and conducting
operations in accordance with the laws of armed conflict and
for employing practices designed specifically to limit harm to
civilians and civilian infrastructure; any plans in place by
the United States Government to enhance the capacity of the
ANDSF to minimize harm to civilians in the conduct of its
operations; and any anticipated changes in support and
oversight by United States forces that may have an effect on
said capabilities.
(7) A description of the Government of Afghanistan's
support for non-state localized and regional militias in
Afghanistan, including--
(A) an assessment of whether the Government of
Afghanistan has the necessary oversight mechanisms in
place to effectively restrain adverse impacts on
stability and hold local militias accountable; and
(B) a summary of the efforts by the Government of
Afghanistan including the Ministry of Interior to
integrate local and regionalized militias into the
uniformed Afghan National Defense and Security Forces
including efforts to support accountability and address
human rights violations and abuses.
(8) Any other matters the Secretary of Defense determines
are relevant.
(c) Sunset.--The reporting requirement under this section shall
terminate on the date that is 3 years after the date of enactment of
this Act.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND
SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended by
striking ``December 31, 2020'' and inserting ``December 31, 2021''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2020'' and inserting ``fiscal
year 2021''; and
(2) by striking ``$645,000,000'' and inserting
``$500,000,000''.
(c) Waiver Authority; Scope.--Subsection (j)(3) of such section is
amended--
(1) by striking ``congressional defense committees'' each
place it appears and inserting ``appropriate congressional
committees''; and
(2) by adding at the end the following:
``(C) Appropriate congressional committees
defined.--In this paragraph, the term `appropriate
congressional committees' means--
``(i) the Committee on Armed Services and
the Committee on Foreign Affairs of the House
of Representatives; and
``(ii) the Committee on Armed Services and
the Committee on Foreign Relations of the
Senate.''.
(d) Annual Report.--Such section is amended by adding at the end
the following:
``(o) Annual Report.--Not later than 90 days after the date of the
enactment of this subsection, and annually thereafter for two years,
the Secretary of Defense shall submit to the Committee on Armed
Services of the House of Representatives and the Committee on Armed
Services of the Senate a report that includes--
``(1) a detailed description of the weapons and equipment
purchased using the Counter-ISIS Train and Equip Fund in the
previous fiscal year; and
``(2) a detailed description of the incremental costs for
operations and maintenance for Operation Inherent Resolve in
the previous fiscal year.''.
(e) Budget Display Submission.--
(1) In general.--The Secretary of Defense shall include in
the budget materials submitted by the Secretary in support of
the budget of the President (as submitted to Congress pursuant
to section 1105 of title 31, United States Code) for each of
fiscal years 2022 and 2023 a detailed budget display for funds
requested for the Department of Defense for such fiscal year
for Operation Inherent Resolve.
(2) Matters to be included.--The detailed budget display
required under paragraph (1) shall include the following:
(A) With respect to procurement accounts--
(i) amounts displayed by account, budget
activity, line number, line item, and line item
title; and
(ii) a description of the requirements for
each such amount.
(B) With respect to research, development, test,
and evaluation accounts--
(i) amounts displayed by account, budget
activity, line number, program element, and
program element title; and
(ii) a description of the requirements for
each such amount.
(C) With respect to operation and maintenance
accounts--
(i) amounts displayed by account title,
budget activity title, line number, and
subactivity group title; and
(ii) a description of the specific manner
in which each such amount would be used.
(D) With respect to military personnel accounts--
(i) amounts displayed by account, budget
activity, budget subactivity, and budget
subactivity title; and
(ii) a description of the requirements for
each such amount.
(E) With respect to each project under military
construction accounts (including with respect to
unspecified minor military construction and amounts for
planning and design), the country, location, project
title, and project amount for each fiscal year.
SEC. 1222. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO THE VETTED
SYRIAN OPPOSITION.
(a) In General.--Subsection (a) of section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3451) is amended by
striking ``December 31, 2020'' and inserting ``December 31, 2021''.
(b) Notice Before Provision of Assistance.--Subsection (b)(2)(A) of
such section is amended by striking ``fiscal year 2019 or fiscal year
2020'' and inserting ``fiscal year 2019, fiscal year 2020, or fiscal
year 2021''.
(c) Certification.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall certify to the
Committee on Armed Services and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services and the
Committee on Foreign Relations of the Senate that no United States
military forces are being used or have been used for the extraction,
transport, transfer, or sale of oil from Syria.
SEC. 1223. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES
OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.
Section 1215 of the National Defense Authorization Act for Fiscal
Year 2012 (10 U.S.C. 113 note) is amended--
(1) in subsections (c) and (d), by striking ``fiscal year
2020'' each place it appears and inserting ``each of fiscal
years 2020 and 2021''; and
(2) in subsection (h), by striking ``Of the amount made
available for fiscal year 2020 to carry out section 1215 of the
National Defense Authorization Act for Fiscal Year 2012, not
more than $20,000,000'' and inserting ``Of the amounts made
available for fiscal years 2020 and 2021 to carry out this
section, not more than $20,000,000 for each such fiscal year''.
SEC. 1224. PROHIBITION ON PROVISION OF WEAPONS AND OTHER FORMS OF
SUPPORT TO CERTAIN ORGANIZATIONS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2021 may be used to knowingly provide weapons or any other form of
support to Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat
Fateh al Sham, Hamas, Hizballah, Palestine Islamic Jihad, al-Shabaab,
Islamic Revolutionary Guard Corps, or any individual or group
affiliated with any such organization.
SEC. 1225. CONSOLIDATED BUDGET DISPLAY AND REPORT ON OPERATION SPARTAN
SHIELD.
(a) Budget Display Submission.--
(1) In general.--The Secretary of Defense shall include in
the budget materials submitted by the Secretary in support of
the budget of the President (as submitted to Congress pursuant
to section 1105 of title 31, United States Code) for each of
fiscal years 2022 and 2023 a detailed budget display for funds
requested for the Department of Defense for such fiscal year
for Operation Spartan Shield and Iran deterrence-related
programs and activities of the Department of Defense in the
United States Central Command area of operation.
(2) Matters to be included.--The detailed budget display
required under paragraph (1) shall include the following:
(A) With respect to procurement accounts--
(i) amounts displayed by account, budget
activity, line number, line item, and line item
title; and
(ii) a description of the requirements for
each such amount.
(B) With respect to research, development, test,
and evaluation accounts--
(i) amounts displayed by account, budget
activity, line number, program element, and
program element title; and
(ii) a description of the requirements for
each such amount.
(C) With respect to operation and maintenance
accounts--
(i) amounts displayed by account title,
budget activity title, line number, and
subactivity group title; and
(ii) a description of the specific manner
in which each such amount would be used.
(D) With respect to military personnel accounts--
(i) amounts displayed by account, budget
activity, budget subactivity, and budget
subactivity title; and
(ii) a description of the requirements for
each such amount.
(E) With respect to each project under military
construction accounts (including with respect to
unspecified minor military construction and amounts for
planning and design), the country, location, project
title, and project amount for each fiscal year.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter in
conjunction with the submission of the budget of President (as
submitted to Congress pursuant to section 1105 of title 31,
United States Code) for each of fiscal years 2022 and 2023, the
Secretary of Defense shall submit to the Committee on Armed
Services of the House of Representatives and the Committee on
Armed Services of the Senate a report on Operation Spartan
Shield.
(2) Matters to be included.--The report required by
paragraph (1) should include--
(A)(i) for the first report, a history of the
operation and its objectives; and
(ii) for each subsequent report, a description of
the operation and its objectives during the prior year;
(B) a list and description of significant
activities and exercises carried out under the
operation during the prior year;
(C) a description of the purpose and goals of such
activities and exercises and an assessment of the
degree to which stated goals were achieved during the
prior year;
(D) a description of criteria used to judge the
effectiveness of joint exercises to build partner
capacity under the operation during the prior year;
(E) an identification of incremental and estimated
total costs of the operation during the prior year,
including a separate identification of incremental
costs of increased force presence in the United States
Central Command area of responsibility to counter Iran
since May 2019; and
(F) any other matters the Secretary determines
appropriate.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
SEC. 1226. SENSE OF CONGRESS ON PESHMERGA FORCES AS A PARTNER IN
OPERATION INHERENT RESOLVE.
It is the sense of Congress that--
(1) the Peshmerga of the Kurdistan Region of Iraq have
made, and continue to make, significant contributions to the
security of Northern Iraq, by defending nearly 650 miles of
critical terrain, to degrade, dismantle, and ultimately defeat
the Islamic State of Iraq and Syria (ISIS) in Iraq as a partner
in Operation Inherent Resolve;
(2) although ISIS has been severely degraded, their
ideology and combatants still linger and pose a threat of
resurgence if regional security is not sustained;
(3) a strong Peshmerga and Kurdistan Regional Government is
critical to maintaining a stable and tolerant Iraq in which all
faiths, sects, and ethnicities are afforded equal protection
under the law and full integration into the Government and
society of Iraq;
(4) continued security assistance, as appropriate, to the
Ministry of Peshmerga Affairs of the Kurdistan Region of Iraq
in support of counter-ISIS operations, in coordination with the
Government of Iraq, is critical to United States national
security interests; and
(5) continued United States support to the Peshmerga,
coupled with security sector reform in the region, will enable
them to more effectively partner with other elements of the
Iraqi Security Forces, the United States, and other coalition
members to consolidate gains, hold territory, and protect
infrastructure from ISIS and its affiliates in an effort to
deal a lasting defeat to ISIS and prevent its reemergence in
Iraq.
SEC. 1227. REPORT ON THE THREAT POSED BY IRANIAN-BACKED MILITIAS IN
IRAQ.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall submit to the appropriate congressional
committees a report on the short- and long-term threats posed by
Iranian-backed militias in Iraq to Iraq and to United States persons
and interests.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A detailed description of acts of violence and
intimidation that Iranian-backed militias in Iraq have
committed against Iraqi civilians during the previous 2 years.
(2) A detailed description of the threat that Iranian-
backed militias in Iraq pose to United States persons in Iraq
and in the Middle East, including United States Armed Forces
and diplomats.
(3) A detailed description of the threat Iranian-backed
militias in Iraq pose to United States partners in the region.
(4) A detailed description of the role that Iranian-backed
militias in Iraq play in Iraq's armed forces and security
services, including Iraq's Popular Mobilization Forces.
(5) An assessment of whether and to what extent any
Iranian-backed militia in Iraq, or member of such militia, had
illicit access to United States-origin defense equipment
provided to Iraq since 2014 and the response from the
Government of Iraq to each incident.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex only if such
annex is provided separately from the unclassified report.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
Foreign Relations of the Senate.
Subtitle D--Matters Relating to Russia
SEC. 1231. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF THE RUSSIAN FEDERATION OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2021 for the
Department of Defense may be obligated or expended to implement any
activity that recognizes the sovereignty of the Russian Federation over
Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the restriction on the obligation or
expenditure of funds required by subsection (a) if the Secretary of
Defense--
(1) determines that to do so is in the national security
interest of the United States; and
(2) submits a notification of the waiver, at the time the
waiver is invoked, to the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1232. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND THE RUSSIAN FEDERATION.
Section 1232(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is amended by
striking ``, 2019, or 2020'' and inserting ``2019, 2020, or 2021''.
SEC. 1233. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
(a) In General.--Section 1250 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is
amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``50 percent of
the funds available for fiscal year 2020 pursuant to
subsection (f)(5)'' and inserting ``50 percent of the
funds available for fiscal year 2021 pursuant to
subsection (f)(6)'';
(B) in paragraph (3), by striking ``fiscal year
2020'' and inserting ``fiscal year 2021''; and
(C) in paragraph (5), by striking ``Of the funds
available for fiscal year 2020 pursuant to subsection
(f)(5)'' and inserting ``Of the funds available for
fiscal year 2021 pursuant to subsection (f)(6)'';
(2) in subsection (f), by adding at the end the following:
``(6) For fiscal year 2021, $250,000,000.''; and
(3) in subsection (h), by striking ``December 31, 2022''
and inserting ``December 31, 2023''.
(b) Extension of Reports on Military Assistance to Ukraine.--
Section 1275(e) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3592) is amended by striking ``January 31, 2021''
and inserting ``December 31, 2023''.
SEC. 1234. UNITED STATES PARTICIPATION IN THE OPEN SKIES TREATY.
(a) Notification Required.--
(1) In general.--Upon withdrawal of the United States from
the Open Skies Treaty pursuant to Article XV of the Treaty, the
Secretary of Defense and the Secretary of State shall jointly
submit to the appropriate congressional committees--
(A) a notification that the United States has
concluded agreements with other state parties to the
Treaty that host United States military forces and
assets to ensure that after such withdrawal the United
States will be provided sufficient notice by such state
parties of requests for observation flights over the
territories of such state parties under the Treaty; or
(B) if the United States has not concluded the
agreements described in subparagraph (A), a description
of how the United States will consistently and reliably
be provided with sufficient warning of observation
flights described in subparagraph (A) by other means,
including a description of assets and personnel and
policy implications of using such other means.
(2) Submission of agreements.--Upon withdrawal of the
United States from the Open Skies Treaty pursuant to Article XV
of the Treaty, the Secretary of Defense and the Secretary of
State shall jointly submit to the appropriate congressional
committees copies of the agreements described in paragraph
(1)(A).
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State, in coordination with the Director of
National Intelligence and the Under Secretary of Defense for
Intelligence and Security, shall jointly submit to the
appropriate congressional committees a report on the effects of
a potential withdrawal of the United States from the Open Skies
Treaty.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) A description of how the United States will
replace benefits of cooperation with United States
allies under the Treaty.
(B) A description of--
(i) how the United States will obtain
unclassified, publicly-releasable imagery it
currently receives under the Treaty;
(ii) if national technical means are used
as a replacement to obtain such imagery--
(I) how the requirements satisfied
by collection under the Treaty will be
prioritized within the National
Intelligence Priorities Framework;
(II) a plan to mitigate any gaps in
collection; and
(III) requirements and timelines
for declassification of data for public
release; and
(iii) if commercial imagery is used as a
replacement to obtain such imagery--
(I) contractual actions and
associated timelines needed to purchase
such imagery;
(II) costs to purchase commercial
imagery equivalent to that which is
obtained under the Treaty; and
(III) estimates of costs to share
that data with other state parties to
the Treaty that are United States
partners.
(C) A description of how the United States will
replace intelligence information, other than imagery,
obtained under the Treaty.
(D) A description of how the United States will
ensure continued dialogue with Russia in a manner
similar to formal communications as confidence-building
measures to reinforce strategic stability required
under the Treaty.
(E) All unedited responses to the questionnaire
provided to United States allies by the United States
in 2019 and all official statements provided to the
United States by United States allies in 2019 or 2020
relating to United States withdrawal from the Treaty.
(F) An assessment of the impact of such withdrawal
on--
(i) United States leadership in the North
Atlantic Treaty Organization (NATO); and
(ii) cohesion and cooperation among NATO
member states.
(G) A description of options to continue
confidence-building measures under the Treaty with
other state parties to the Treaty that are United
States allies.
(H) An assessment of the Defense Intelligence
Agency of the impact on national security of such
withdrawal.
(I) An assessment of how the United States will
influence decisions regarding certifications of new
sensors, primarily synthetic aperture radar sensors,
under the Treaty that could pose additional risk to
deployed United States military forces and assets.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(C) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(2) Observation flight.--The term ``observation flight''
has the meaning given such term in Article II of the Open Skies
Treaty.
(3) Open skies treaty; treaty.--The term ``Open Skies
Treaty'' or ``Treaty'' means the Treaty on Open Skies, done at
Helsinki March 24, 1992, and entered into force January 1,
2002.
SEC. 1235. SENSE OF CONGRESS ON SUPPORT FOR UKRAINE.
It is the sense of Congress that the United States should--
(1) reaffirm support for an enduring strategic partnership
between the United States and Ukraine;
(2) support Ukraine's sovereignty and territorial integrity
within its internationally-recognized borders and make clear it
does not recognize the independence of Crimea or Eastern
Ukraine currently occupied by Russia;
(3) continue support for multi-domain security assistance
for Ukraine in the form of lethal and non-lethal measures to
build resiliency, bolster deterrence against Russia, and
promote stability in the region by--
(A) strengthening defensive capabilities and
promoting readiness; and
(B) improving interoperability with NATO forces;
and
(4) further enhance security cooperation and engagement
with Ukraine and other Black Sea regional partners.
SEC. 1236. REPORT ON PRESENCE OF RUSSIAN MILITARY FORCES IN OTHER
FOREIGN COUNTRIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall submit to the appropriate congressional
committees a report that contains the following:
(1) A list of foreign countries that have consented to host
military forces of Russia, including a description of--
(A) any agreement between each country and Russia
to host such forces;
(B) the number of Russian military forces that are
present in each country;
(C) the location of Russian military forces that
are present in each country;
(D) the types of Russian military force structures
that are present in each country;
(E) the level and type of United States security
assistance provided to each country; and
(F) any military exercises that Russian forces have
undertaken with each country.
(2) A list of foreign countries with respect to which
Russia has deployed military forces in violation of the
territorial sovereignty of such countries, including a
description of--
(A) the number of Russian military forces that are
present in each country;
(B) the location of Russian military forces that
are present in each country; and
(C) the types of Russian military force structures
that are present in each country.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(3) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 1237. SENSE OF CONGRESS ON THE OPEN SKIES TREATY.
It is the sense of Congress that--
(1) the decision to withdraw from the Treaty on Open Skies,
done at Helsinki March 24, 1992, and entered into force January
1, 2002--
(A) did not comply with the requirement in section
1234(a) of the National Defense Authorization Act for
Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note)
to notify Congress not fewer than 120 days prior to any
such announcement;
(B) was made without asserting material breach of
the Treaty by any other Treaty signatory; and
(C) was made over the objections of NATO allies and
regional partners;
(2) confidence and security building measures that are
designed to reduce the risk of conflict, increase trust among
participating countries, and contribute to military
transparency remain vital to the strategic interests of our
NATO allies and partners and should continue to play a central
role as the United States engages in the region to promote
transatlantic security; and
(3) while the United States must always consider the
national security benefits of remaining in any treaty,
responding to Russian violations of treaty protocols should be
prioritized through international engagement and robust
diplomatic action.
SEC. 1238. COUNTERING RUSSIAN AND OTHER OVERSEAS KLEPTOCRACY.
(a) Definitions.--In this section
(1) Rule of law.--The term ``rule of law'' means the
principle of governance in which all persons, institutions, and
entities, whether public or private, including the state
itself, are accountable to laws that are publicly promulgated,
equally enforced, and independently adjudicated, and which are
consistent with international human rights norms and standards.
(2) Foreign state.--The term ``foreign state'' has the
meaning given such term in section 1603 of title 28, United
States Code.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(4) Public corruption.--The term ``public corruption''
means the unlawful exercise of entrusted public power for
private gain, including by bribery, nepotism, fraud, or
embezzlement.
(5) Foreign assistance.--The term ``foreign assistance''
means foreign assistance authorized under the Foreign
Assistance Act of 1961.
(6) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Finance of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on Ways and
Means of the House of Representatives.
(b) International Standards.--It is the sense of Congress that the
following international standards should be the foundation for foreign
states to combat corruption, kleptocracy, and illicit finance:
(1) The United Nations Convention against Corruption.
(2) Recommendations of the Financial Action Task Force
(FATF) comprising the International Standards on Combating
Money Laundering and the Financing of Terrorism &
Proliferation.
(3) The Organisation for Economic Co-operation and
Development Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions (OECD Anti-
Bribery Convention), the 2009 Recommendation of the Council for
Further Combating Bribery, the 2009 Recommendation on the Tax
Deductibility of Bribes to Foreign Public Officials; and other
related instruments.
(4) Legal instruments adopted by the Council of Europe and
monitored by the Group of States against Corruption (GRECO),
including the Criminal Law Convention on Corruption, the Civil
Law Convention on Corruption, the Additional Protocol to the
Criminal Law Convention on Corruption, the Twenty Guiding
Principles against Corruption, the Recommendation on Codes of
Conduct for Public Officials, and the Recommendation on Common
Rules against Corruption in the Funding of Political Parties
and Electoral Campaigns.
(5) Organization for Security and Cooperation in Europe
(OSCE) ``Second Dimension'' commitments on good governance,
anti-corruption, anti-money laundering, and related issues.
(6) The Inter-American Convention Against Corruption under
the Organization of American States.
(c) Statement of Policy.--It is the policy of the United States
to--
(1) leverage United States diplomatic engagement and
foreign assistance to promote the rule of law;
(2) promote the international standards identified in
section 4, as well as other relevant international standards
and best practices as such standards and practices develop, and
to seek the universal adoption and implementation of such
standards and practices by foreign states;
(3) support foreign states in promoting good governance and
combating public corruption;
(4) encourage and assist foreign partner countries to
identify and close loopholes in their legal and financial
architecture, including the misuse of anonymous shell
companies, free trade zones, and other legal structures, that
are enabling illicit finance and authoritarian capital to
penetrate their financial systems;
(5) help foreign partner countries to investigate and
combat the use of corruption by authoritarian governments,
particularly that of Vladimir Putin in Russia, as a tool of
malign influence worldwide;
(6) make use of sanctions authorities, such as the Global
Magnitsky Human Rights Accountability Act (enacted as subtitle
F of title XII of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note)), to
identify and take action against corrupt foreign actors; and
(7) ensure coordination between the departments and
agencies of the United States Government with jurisdiction over
the advancement of good governance in foreign states.
(d) Anti-Corruption Action Fund.--
(1) In general.--The Secretary of State shall establish in
the Department of State a fund to be known as the ``Anti-
Corruption Action Fund'' to aid foreign states to prevent and
fight public corruption and develop rule of law-based
governance structures, including accountable investigative,
prosecutorial, and judicial bodies, and supplement existing
foreign assistance and diplomacy with respect to such efforts.
(2) Funding.--There is authorized to be appropriated to the
Fund an amount equal to five percent of each civil and criminal
fine and penalty imposed pursuant to actions brought under the
Foreign Corrupt Practices Act on or after the date of the
enactment of this Act for each fiscal year. Amounts
appropriated pursuant to this authorization shall be authorized
to remain available until expended.
(3) Support.--The Anti-Corruption Action Fund may support
governmental and nongovernmental parties in advancing the goals
specified in paragraph (1) and shall be allocated in a manner
complementary to existing United States foreign assistance,
diplomacy, and the anti-corruption activities of other
international donors.
(4) Preference.--In programing foreign assistance using the
Anti-Corruption Action Fund, the Secretary of State shall give
preference to projects that--
(A) assist countries that are undergoing historic
opportunities for democratic transition, combating
corruption, and the establishment of the rule of law;
(B) are important to United States national
interests; and
(C) where United States foreign assistance could
significantly increase the chance of a successful
transition described in subparagraph (A).
(5) Public diplomacy.--The Secretary of State shall
publicize that funds provided to the Anti-Corruption Action
Fund originate from actions brought under the Foreign Corrupt
Practices Act so as to demonstrate that monies obtained under
such Act are contributing to international anti-corruption work
under this section, including by reducing the pressure that
United States businesses face to pay bribes overseas, thereby
contributing to greater United States competitiveness.
(e) Interagency Task Force.--
(1) In general.--The Secretary of State shall have primary
responsibility for managing a whole-of-government effort to
improve coordination among United States Government departments
and agencies, as well as with other donor organizations, that
have a role in promoting good governance in foreign states and
enhancing the ability of foreign states to combat public
corruption.
(2) Interagency task force.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall establish and convene an Interagency Task Force composed
of--
(A) representatives appointed by the President from
appropriate departments and agencies, including the
Department of State, the United States Agency for
International Development (USAID), the Department of
Justice, the Department of the Treasury, the Department
of Homeland Security, the Department of Defense, the
Department of Commerce, the Millennium Challenge
Corporation, and the intelligence community; and
(B) representatives from any other United States
Government departments or agencies, as determined by
the Secretary.
(3) Additional meetings.--The Interagency Task Force
established in paragraph (2) shall meet not less than twice per
year.
(4) Duties.--The Interagency Task Force established in
paragraph (2) shall--
(A) evaluate, on a general basis, the effectiveness
of existing foreign assistance programs, including
programs funded by the Anti-Corruption Action Fund
under section 6, that have an impact on promoting good
governance in foreign states and enhancing the ability
of foreign states to combat public corruption;
(B) assist the Secretary of State in managing the
whole-of-government effort described in subsection (a);
(C) identify general areas in which such whole-of-
government effort could be enhanced; and
(D) recommend specific programs for foreign states
that may be used to enhance such whole-of-government
effort.
(f) Designation of Embassy Anti-Corruption Points of Contact.--
(1) Embassy anti-corruption point of contact.--The chief of
mission of each United States embassy shall designate an anti-
corruption point of contact for each such embassy.
(2) Duties.--The designated anti-corruption points of
contact under paragraph (1) shall--
(A) with guidance from the Interagency Task Force
established under subsection (e), coordinate an
interagency approach within United States embassies to
combat public corruption in the foreign states in which
such embassies are located that is tailored to the
needs of such foreign states, including all relevant
United States Government departments and agencies with
a presence in such foreign states, such as the
Department of State, USAID, the Department of Justice,
the Department of the Treasury, the Department of
Homeland Security, the Department of Defense, the
Millennium Challenge Corporation, and the intelligence
community;
(B) make recommendations regarding the use of the
Anti-Corruption Action Fund under section 6 and other
foreign assistance related to anti-corruption efforts
in their respective foreign states, aligning such
assistance with United States diplomatic engagement;
and
(C) ensure that anti-corruption activities carried
out within their respective foreign states are included
in regular reporting to the Secretary of State and the
Interagency Task Force under subsection (e), including
United States embassy strategic planning documents and
foreign assistance-related reporting, as appropriate.
(3) Training.--The Secretary of State shall develop and
implement appropriate training for designated anti-corruption
points of contact under this subsection.
(g) Reporting Requirements.--
(1) Report on promoting international standards in
combating corruption, kleptocracy, and illicit finance.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the
Administrator of the USAID and the Secretary of the Treasury,
shall submit to the appropriate congressional committees a
report that--
(A) summarizes any progress made by foreign states
to adopt and implement each of the international
standards in combating corruption, kleptocracy, and
illicit finance listed in subsection (b);
(B) details the efforts of the United States
Government to promote such international standards;
(C) identifies priority countries for outreach
regarding such international standards; and
(D) outlines a plan to encourage the adoption and
implementation of such international standards,
including specific steps to take with the priority
countries identified in accordance with subparagraph
(C).
(2) Report on progress toward implementation.--Not later
than 1 year after the date of the enactment of this Act and
annually thereafter for 3 years, the Secretary of State, in
consultation with the Administrator of the USAID, shall submit
to the appropriate congressional committees a report
summarizing progress in implementing this Act, including--
(A) a description of the bureaucratic structure of
the offices within the Department and USAID that are
engaged in activities to combat corruption,
kleptocracy, and illicit finance, and how such offices
coordinate with one another;
(B) information relating to the amount of funds
deposited in the Anti-Corruption Action Fund
established under section 6 and the obligation,
expenditure, and impact of such funds;
(C) the activities of the Interagency Task Force
established pursuant to subsection (e)(2);
(D) the designation of anti-corruption points of
contact for foreign states pursuant to subsection
(f)(1) and any training provided to such points of
contact pursuant to subsection (f)(3); and
(E) additional resources or personnel needs to
better achieve the goals of this Act to combat
corruption, kleptocracy, and illicit finance overseas.
(3) Online platform.--The Secretary of State, in
conjunction with the Administrator of the USAID, shall
consolidate existing reports and briefings with anti-corruption
components into one online, public platform, that includes the
following:
(A) The Annual Country Reports on Human Rights
Practices.
(B) The Fiscal Transparency Report.
(C) The Investment Climate Statement reports.
(D) The International Narcotics Control Strategy
Report.
(E) Any other relevant public reports.
(F) Links to third-party indicators and compliance
mechanisms used by the United States Government to
inform policy and programming, such as the following:
(i) The International Finance Corporation's
Doing Business surveys.
(ii) The International Budget Partnership's
Open Budget Index.
(iii) Multilateral peer review anti-
corruption compliance mechanisms, such as the
Organisation for Economic Co-operation and
Development's Working Group on Bribery in
International Business Transactions, the
Follow-Up Mechanism for the Inter-American
Convention against Corruption (MESICIC), and
the United Nations Convention against
Corruption, done at New York October 31, 2003,
to further highlight expert international views
on foreign state challenges and efforts.
SEC. 1239. REPORT ON THREATS TO THE UNITED STATES ARMED FORCES FROM THE
RUSSIAN FEDERATION.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Director of National Intelligence and the Secretary of State, shall
submit to the appropriate congressional committees a report on all
threats to the United States Armed Forces and personnel of the United
States from the Russian Federation and associated agents, entities, and
proxies.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of all threats to the United States Armed
Forces and personnel of the United States from Russia and
associated agents, entities, and proxies in all theaters where
United States Armed Forces are engaged.
(2) A description of all actions taken to ensure force
protection of both the United States Armed Forces and diplomats
of the United States.
(3) A description of non-military actions taken to
emphasize to Russia that the United States will not tolerate
threats to the armed forces of the United States, the allies of
the United States, and the diplomats and operations of the
United States.
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate.
Subtitle E--Matters Relating to Europe and NATO
SEC. 1241. LIMITATIONS ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF
MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO
ARE STATIONED IN GERMANY, TO REDUCE THE TOTAL NUMBER OF
MEMBERS OF THE ARMED FORCES STATIONED IN EUROPE, AND TO
DIVEST MILITARY INFRASTRUCTURE IN EUROPE.
(a) Limitation on Use of Funds To Reduce the Total Number of
Members of the Armed Forces Serving on Active Duty Who Are Stationed in
Germany.--None of the funds authorized to be appropriated or otherwise
made available to the Department of Defense may be used during the
period beginning on the date of the enactment of this Act and ending on
December 31, 2021, to take any action to reduce the total number of
members of the Armed Forces serving on active duty who are stationed in
Germany below the levels present on June 10, 2020, until 180 days after
the date on which the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff have separately submitted to the congressional
defense committees the following:
(1) A certification that--
(A) such a reduction is in the national security
interest of the United States and will not
significantly undermine the security of the United
States or its allies in the region, including a
justification explaining the analysis behind the
certification; and
(B) the Secretary has appropriately consulted with
United States allies and partners in Europe, including
all members of the North Atlantic Treaty Organization
(NATO), regarding such a reduction.
(2) A detailed analysis of the impact such a reduction
would have on the security of United States allies and partners
in Europe and on interoperability and joint activities with
such allies and partners, including major military exercises.
(3) A detailed analysis of the impact such a reduction
would have on the ability to deter Russian aggression and
ensure the territorial integrity of United States allies and
partners in Europe.
(4) A detailed analysis of the impact such a reduction
would have on the ability to counter Russian malign activity.
(5) A detailed analysis of where the members of the Armed
Forces will be moved and stationed as a consequence of such a
reduction.
(6) A detailed plan for how such a reduction would be
implemented.
(7) A detailed analysis of the cost implications of such a
reduction, to include the cost associated with new facilities
to be constructed at the location to which the members of the
Armed Forces are to be moved and stationed.
(8) A detailed analysis of the impact such a reduction
would have on United States service members and their families
stationed in Europe.
(9) A detailed analysis of the impact such a reduction
would have on Joint Force Planning.
(10) A detailed explanation of the impact such a reduction
would have on implementation of the National Defense Strategy
and a certification that the reduction would not negatively
affect implementation of the National Defense Strategy.
(b) Limitation on Use of Funds To Reduce the Total Number of
Members of the Armed Forces Stationed in Europe.--None of the funds
authorized to be appropriated or otherwise made available for the
Department of Defense may be used during the period beginning on the
date of the enactment of this Act and ending on December 31, 2021, to
reduce the total number of members of the Armed Forces serving on
active duty who are stationed in Europe below the levels present on
June 10, 2020, until 180 days after the date on which the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff have separately
submitted to the congressional defense committees the following:
(1) A certification that--
(A) such a reduction is in the national security
interest of the United States and will not
significantly undermine the security of the United
States or its allies in the region, including a
justification explaining the analysis behind the
certification.
(B) the Secretary has appropriately consulted with
United States allies and partners in Europe, including
all members of NATO, regarding such a reduction.
(2) A detailed analysis of the impact such a reduction
would have on the security of United States allies and partners
in Europe and on interoperability and joint activities with
such allies and partners, including major military exercises.
(3) A detailed analysis of the impact such a reduction
would have on the ability to deter Russian aggression and
ensure the territorial integrity of United States allies and
partners in Europe.
(4) A detailed analysis of the impact such a reduction
would have on the ability to counter Russian malign activity.
(5) A detailed analysis of where the forces will be moved
and stationed as a consequence of such a reduction.
(6) A detailed plan for how such a reduction would be
implemented.
(7) A detailed analysis of the cost implications of such a
reduction, to include the cost associated with new facilities
to be constructed at the location to which the members of the
Armed Forces are to be moved and stationed.
(8) A detailed analysis of the impact such a reduction
would have on service members and their families stationed in
Europe.
(9) A detailed analysis of the impact such a reduction
would have on Joint Force Planning.
(10) A detailed explanation of the impact such a reduction
would have on implementation of the National Defense Strategy
and a certification that the reduction would not negatively
affect implementation of the National Defense Strategy.
(c) Limitation To Divest Military Infrastructure in Europe.--
(1) In general.--The Secretary of Defense may not take any
action to divest any infrastructure or real property in Europe
under the operational control of the Department of Defense
unless, prior to taking such action, the Secretary certifies to
the congressional defense committees that no military
requirement for future use of the infrastructure or real
property is foreseeable.
(2) Sunset.--This subsection shall terminate on the date
that is 5 years after the date of the enactment of this Act.
SEC. 1242. SENSE OF CONGRESS REAFFIRMING THE COMMITMENT OF THE UNITED
STATES TO NATO.
(a) Findings.--Congress finds the following:
(1) On April 4, 1949, the North Atlantic Treaty
Organization (NATO) was founded on the principles of democracy,
individual liberty, and the rule of law with the aim of
promoting collective security through collective defense.
(2) NATO has been the most successful military alliance in
history and, for over seven decades, an example of successful
political cooperation.
(3) NATO's commitment to collective defense is essential to
deter security threat against its members.
(4) NATO strengthens the security of the United States by
enabling United States forces to work by, with, and through a
network of committed, interoperable allies.
(5) NATO solidarity sends a clear collective message to
Russia that members of the alliance will not tolerate
aggressive acts that threaten their security and sovereignty.
(6) In response to changing national security threats, NATO
continues to adapt to take on new dynamics such as terrorism,
hybrid warfare, the spread of weapons of mass destruction, and
cyber attacks.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States reaffirms its commitment to the North
Atlantic Treaty Organization as the foundation of transatlantic
security and defense , including Article V of the North
Atlantic Treaty; and
(2) NATO plays a critical role in preserving peace and
stability in the transatlantic region.
SEC. 1243. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED ACTION TO
ENSURE THE SECURITY OF BALTIC ALLIES.
It is the sense of Congress that--
(1) the continued security of the Baltic states of Estonia,
Latvia, and Lithuania is critical to achieving United States
national security interests and defense objectives against the
acute and formidable threat posed by Russia;
(2) the United States and the Baltic states are leaders in
the mission of defending independence and democracy from
aggression and in promoting stability and security within the
North Atlantic Treaty Organization (NATO), with non-NATO
partners, and with other international organizations such as
the European Union;
(3) the Baltic states are model NATO allies in terms of
burden sharing and capital investment in materiel critical to
United States and allied security, investment of over 2 percent
of their gross domestic product on defense expenditure,
allocating over 20 percent of their defense budgets on capital
modernization, matching security assistance from the United
States, frequently deploying their forces around the world in
support of allied and United States objectives, and sharing
diplomatic, technical, military, and analytical expertise on
defense and security matters;
(4) the United States should continue to strengthen
bilateral and multilateral defense by, with, and through allied
nations, particularly those which possess expertise and
dexterity but do not enjoy the benefits of national economies
of scale;
(5) the United States should pursue consistent efforts
focused on defense and security assistance, coordination, and
planning designed to ensure the continued security of the
Baltic states and on deterring current and future challenges to
the national sovereignty of United States allies and partners
in the Baltic region; and
(6) such an initiative should include an innovative and
comprehensive conflict deterrence strategy for the Baltic
region encompassing the unique geography of the Baltic states,
modern and diffuse threats to their land, sea, and air spaces,
and necessary improvements to their defense posture, including
command-and-control infrastructure, intelligence, surveillance,
and reconnaissance capabilities, communications equipment and
networks, and special forces.
SEC. 1244. SENSE OF CONGRESS ON SUPPORT FOR ESTONIA, LATVIA, AND
LITHUANIA.
(a) Findings.--Congress finds the following:
(1) The Baltic countries of Estonia, Latvia, and Lithuania
are highly valued allies of the United States, and they have
repeatedly demonstrated their commitment to advancing our
mutual interests as well as those of the NATO Alliance.
(2) Operation Atlantic Resolve is a series of exercises and
coordinating efforts demonstrating the United States'
commitment to its European partners and allies, including the
Baltic countries of Estonia, Latvia, and Lithuania, with the
shared goal of peace and stability in the region. Operation
Atlantic Resolve strengthens communication and understanding,
and is an important effort to deter Russian aggression in the
region.
(3) Through Operation Atlantic Resolve, the European
Deterrence Initiative undertakes exercises, training, and
rotational presence necessary to reassure and integrate our
allies, including the Baltic countries, into a common defense
framework.
(4) All three Baltic countries contributed to the NATO-led
International Security Assistance Force in Afghanistan, sending
troops and operating with few caveats. The Baltic countries
continue to commit resources and troops to the Resolute Support
Mission in Afghanistan.
(b) Sense of Congress.--Congress--
(1) reaffirms its support for the principle of collective
defense in Article 5 of the North Atlantic Treaty for our NATO
allies, including Estonia, Latvia, and Lithuania;
(2) supports the sovereignty, independence, territorial
integrity, and inviolability of Estonia, Latvia, and Lithuania
as well as their internationally recognized borders, and
expresses concerns over increasingly aggressive military
maneuvering by the Russian Federation near their borders and
airspace;
(3) expresses concern over and condemns subversive and
destabilizing activities by the Russian Federation within the
Baltic countries; and
(4) encourages the Administration to further enhance
defense cooperation efforts with Estonia, Latvia, and Lithuania
and supports the efforts of their Governments to provide for
the defense of their people and sovereign territory.
SEC. 1245. SENSE OF CONGRESS ON SUPPORT FOR GEORGIA.
(a) Findings.--Congress finds the following:
(1) Georgia is a valued friend of the United States and has
repeatedly demonstrated its commitment to advancing the mutual
interests of both countries, including the deployment of
Georgian forces as part of the former International Security
Assistance Force (ISAF) and the current Resolute Support
Mission led by the North Atlantic Treaty Organization (NATO) in
Afghanistan and the Multi-National Force in Iraq.
(2) The European Deterrence Initiative builds the
partnership capacity of Georgia so it can work more closely
with the United States and NATO, as well as provide for its own
defense.
(3) In addition to the European Deterrence Initiative,
Georgia's participation in the NATO initiative Partnership for
Peace is paramount to interoperability with the United States
and NATO, and establishing a more peaceful environment in the
region.
(4) Despite the losses suffered, as a NATO partner, Georgia
is committed to the Resolute Support Mission in Afghanistan
with the fifth-largest contingent on the ground.
(b) Sense of Congress.--It is the sense of Congress that the United
States should--
(1) reaffirm support for an enduring strategic partnership
between the United States and Georgia;
(2) support Georgia's sovereignty and territorial integrity
within its internationally-recognized borders, and does not
recognize the independence of the Abkhazia and South Ossetia
regions currently occupied by the Russian Federation;
(3) continue support for multi-domain security assistance
for Georgia in the form of lethal and non-lethal measures to
build resiliency, bolster deterrence against Russian
aggression, and promote stability in the region, by--
(A) strengthening defensive capabilities and
promote readiness; and
(B) improving interoperability with NATO forces;
and
(4) further enhance security cooperation and engagement
with Georgia and other Black Sea regional partners.
SEC. 1246. SENSE OF CONGRESS ON BURDEN SHARING BY PARTNERS AND ALLIES.
(a) Findings.--Congress makes the following findings:
(1) The United States' alliances and other critical defense
partnerships are a cornerstone of Department of Defense (DOD)
efforts to deter aggression from our adversaries, counter
violent extremism, and preserve United States national security
interests in the face of challenges to those interests by
Russia, China and other actors.
(2) The North Atlantic Treaty Organization (NATO) is the
most successful military alliance in history, having deterred
war between major state powers for more than 70 years.
(3) Collective security and the responsibility of each
member of the security of the other members as well as the
alliance as a whole is a pillar of the NATO alliance.
(4) NATO members other than the United States collectively
expend over $300,000,000,000 in defense investments annually
and maintain military forces totaling an estimated 1,900,000
service members, bolstering the alliance's collective capacity
to counter shared threats.
(5) At the NATO Wales Summit in 2014, NATO members pledged
to strive to increase their own defense spending to 2 percent
of their respective gross domestic products and to spend at
least 20 percent of their defense budgets on equipment by 2024
as part of their burden sharing commitments.
(6) Since 2014, there has been a steady increase in allied
defense spending, with 22 member countries meeting defense
spending targets in 2018 and having submitted plans to meet the
targets by 2024.
(7) In addition to individual defense spending
contributions, NATO allies and partners also contribute to NATO
and United States operations around the world, including the
Resolute Support Mission in Afghanistan and the Global
Coalition to Defeat the Islamic State in Iraq and Syria (ISIS).
(8) South Korea hosts a baseline of 28,500 United States
forces including the Eighth Army and Seventh Air Force.
(9) South Korea maintains Aegis Ballistic Missile Defense
and Patriot Batteries that contribute to regional Ballistic
Missile Defense, is a participant in the Enforcement
Coordination Center, and is a significant contributor to United
Nations peacekeeping operations.
(10) South Korea is an active consumer of United States
Foreign Military Sales (FMS) with approximately $30,500,000,000
in active FMS cases and makes significant financial
contributions to support forward deployed United States forces
in South Korea, including contributions of $924,000,000 under
the Special Measures Agreement in 2019 and over 90 percent of
the cost of developing Camp Humphreys.
(11) Japan hosts 54,000 United States forces including the
Seventh Fleet, the only forward-deployed United States aircraft
carrier, and the United States Marine Corps' III Marine
Expeditionary Force.
(12) Japan maintains Aegis Ballistic Missile Defense and
Patriot Batteries that contribute to regional Ballistic Missile
Defense, conducts bilateral presence operations and mutual
asset protection missions with United States forces, and is a
capacity building contributor to United Nations peacekeeping
operations.
(13) Japan is an active consumer of United States FMS with
approximately $28,400,000,000 in active FMS cases and makes
significant financial contributions to enable optimized United
States military posture, including contributions of
approximately $2,000,000,000 annually under the Special
Measures Agreement, $187,000,000 annually under the Japan
Facilities Improvement Program, $12,100,000,000 for the Futenma
Replacement Facility, $4,800,000,000 for Marine Corps Air
Station Iwakuni, and $3,100,000,000 for construction on Guam to
support the movement of United States Marines from Okinawa.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should focus on United
States national security requirements for investment in forward
presence, joint exercises, investments, and commitments that
contribute to the security of the United States and collective
security, and cease efforts that solely focus on the financial
contributions of United States allies and partners when
negotiating joint security arrangements;
(2) the United States must continue to strengthen its
alliances and security partnerships with like-minded
democracies around the world to deter aggression from
authoritarian competitors and promote peace and respect for
democratic values and human rights around the world;
(3) United States partners and allies should continue to
increase their military capacity and enhance their ability to
contribute to global peace and security;
(4) NATO allies should continue working toward their 2014
Wales Defense Investment Pledge commitments;
(5) the United States should work with the Governments of
South Korea and Japan respectively to reach fair and equitable
Special Measures Agreements that reflect the critical security
relationships between both countries and the United States;
(6) the United States should maintain forward-deployed
United States forces in order to better ensure United States
national security and global stability;
(7) alliances and partnerships are the cornerstone of
United States national security and critical to countering the
threat posed by malign actors to the post-World War II liberal
international order; and
(8) the United States and NATO allies should prioritize at
each NATO Summit deterrence against Russian aggression.
SEC. 1247. SENSE OF CONGRESS ON NATO'S RESPONSE TO THE COVID-19
PANDEMIC.
(a) Findings.--Congress finds the following:
(1) The North Atlantic Treaty Organization (NATO) has been
working with allies and partners to provide support to the
civilian response to the Coronavirus Disease 2019 (commonly
referred to as ``COVID-19'') pandemic, including logistics and
planning, field hospitals, and transport, while maintaining
NATO's operational readiness and continuing to carry out
critical NATO missions.
(2) Since the beginning of the pandemic, NATO allies and
partners have completed more than 350 airlift flights,
supplying hundreds of tons of critical supplies globally, have
built nearly 100 field hospitals and dedicated more than half a
million troops to support the civilian response to the
pandemic.
(3) NATO's Euro-Atlantic Disaster Response Coordination
Centre has been operating 24 hours, 7 days a week to coordinate
requests for supplies and resources.
(4) The NATO Support and Procurement Agency's Strategic
Airlift Capability and Strategic Airlift International Solution
programs have chartered flights to transport medical supplies
between partners and allies.
(5) NATO established Rapid Air Mobility to speed up
military air transport of medical supplies and resources to
allies and partners experiencing a shortage of medical supplies
and personal protective equipment.
(6) In June 2020, NATO Defense Ministers agreed to future
steps to prepare for a potential second wave of the COVID-19
pandemic, including a new operation plan, establishing a
stockpile of medical equipment and supplies, and a new fund to
acquire medical supplies and services.
(b) Sense of Congress.--It is the sense of Congress that--
(1) NATO's response to the COVID-19 pandemic is an
excellent example of the democratic alliance's capacity
tackling overwhelming logistical challenges through close
collaboration;
(2) the United States should remain committed to
strengthening NATO's operational response to the pandemic; and
(3) the United States should fulfill its commitments made
at the 2020 NATO Defense Ministerial and continue to bolster
the work of the Euro-Atlantic Disaster Response Coordination
Centre, the NATO Support and Procurement Agency's Strategic
Airlift Capability and Strategic Airlift International Solution
programs, and other efforts to utilize NATO's capabilities to
support the civilian pandemic response.
SEC. 1248. CLARIFICATION AND EXPANSION OF SANCTIONS RELATING TO
CONSTRUCTION OF NORD STREAM 2 OR TURKSTREAM PIPELINE
PROJECTS.
(a) In General.--Subsection (a)(1) of section 7503 of the
Protecting Europe's Energy Security Act of 2019 (title LXXV of Public
Law 116-92; 22 U.S.C. 9526 note) is amended--
(1) in subparagraph (A), by inserting ``or pipelaying
activities'' after ``pipe-laying''; and
(2) in subparagraph (B)--
(A) in clause (i)--
(i) by inserting ``, or significantly
facilitated the sale, lease, or provision of,''
after ``provided''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(B) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(iii) provided significant underwriting
services or insurance for those vessels; or
``(iv) provided significant services or
facilities for technology upgrades or
installation of welding equipment for, or
retrofitting or tethering of, those vessels.''.
(b) Definitions.--Subsection (i) of such section is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) Pipe-laying activities.--The term `pipe-laying
activities' means activities that facilitate pipe-laying,
including site preparation, trenching, surveying, placing
rocks, stringing, bending, welding, coating, lowering of pipe,
and backfilling.''.
(c) Clarification.--The amendments made by subsection (a) shall
take effect in accordance with (d) of section 7503 of the Protecting
Europe's Energy Security Act of 2019 (22 U.S.C. 9526 note).
(d) Interim Report Required.--
(1) In general.--As soon as practicable and not later than
90 days after the date of the enactment of this Act, the
Secretary of State, in consultation with the Secretary of the
Treasury, shall submit a report on the matters required by
subsection (a) of section 7503 of the Protecting Europe's
Energy Security Act of 2019 (22 U.S.C. 9526 note), as amended
by this section, with respect to the period--
(A) beginning on the later of--
(i) the date of the enactment of this Act;
or
(ii) the date of the most recent submission
of a report required by such section 7503; and
(B) ending on the date on which the report required
by this subparagraph is submitted.
(2) Treatment.--A report submitted pursuant to paragraph
(1) shall be--
(A) submitted to the same committees as a report
submitted under subsection (a) of such section 7503;
and
(B) otherwise treated as a report submitted under
such subsection (a) for purposes of all authorities
granted by such section pursuant to such a report.
SEC. 1249. COORDINATION OF STOCKPILES WITH THE NORTH ATLANTIC TREATY
ORGANIZATION AND OTHER ALLIES.
Title I of the Defense Production Act of 1950 (50 U.S.C. 5411 et
seq.) is amended by adding at the end the following new section:
``SEC. 109. COORDINATION WITH THE NORTH ATLANTIC TREATY ORGANIZATION
AND OTHER ALLIES.
``(a) Coordination Required.--If the President determines to use or
invoke an authority under this title in the context of the outbreak of
a pandemic that affects other North Atlantic Treaty Organization (NATO)
member countries or affects any country with which the United States
has entered into a mutual defense treaty, the President, acting through
the Secretary of Defense with the concurrence of the Secretary of
State, and in consultation with the Secretary of Health and Human
Services, shall--
``(1) coordinate with appropriate counterparts of NATO
member countries or mutual defense treaty countries to assess
any logistical challenges relating to demand or supply chain
gaps with respect to the United States and such countries;
``(2) work to fill such gaps in order to ensure a necessary
and appropriate level of scarce and critical material essential
to the national defense for the United States and such
countries; and
``(3) promote access to vaccines or other remedies through
Federally funded medical research to respond to the declared
pandemic.
``(b) Sense of Congress.--It is the sense of Congress that the
United States should work with its NATO and other allies and partners
to build permanent mechanisms to strengthen supply chains, fill supply
chain gaps, and maintain commitments made at the June 2020 NATO Defense
Ministerial.''.
Subtitle F--Matters Relating to the Indo-Pacific Region
SEC. 1251. INDO-PACIFIC REASSURANCE INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) a stable, peaceful, and secure Indo-Pacific region is
vital to United States economic and national security;
(2) revisionist states, rogue states, violent extremist
organizations, and natural and manmade disasters are persistent
challenges to regional stability and security;
(3) maintaining stability and upholding a rules-based order
requires a holistic United States strategy that--
(A) synchronizes all elements of national power;
(B) is inclusive of United States allies and
partner countries; and
(C) ensures a persistent, predictable United States
presence to reinforce regional defense;
(4) enhancing regional defense requires robust efforts to
increase capability, readiness, and responsiveness to deter and
mitigate destabilizing activities;
(5) the Department of Defense should pursue an integrated
program of activities to--
(A) reassure United States allies and partner
countries in the Indo-Pacific region;
(B) appropriately prioritize activities and
resources to implement the National Defense Strategy;
and
(C) enhance the ability of Congress to provide
oversight of and support to Department of Defense
efforts;
(6) an integrated, coherent, and strategic program of
activities in the Indo-Pacific region, similar to the European
Deterrence Initiative (originally the European Reassurance
Initiative), will enhance United States presence and
positioning, allow for additional exercises, improve
infrastructure and logistics, and build allied and partner
capacity to deter aggression, strengthen ally and partner
interoperability, and demonstrate United States commitment to
Indo-Pacific countries;
(7) an integrated, coherent, and strategic program of
activities in the Indo-Pacific region will also assist in
resourcing budgetary priorities and enhancing transparency and
oversight of programs and activities to better enable a
coordinated and strategic plan for Department of Defense
programs;
(8) not less than $3,578,360,000 of base funding should be
allocated to fully support such program of activities in fiscal
year 2021; and
(9) the Department of Defense should ensure adequate,
consistent planning is conducted for future funding and build
upon the activities identified in fiscal year 2021 in future
budget requests, as appropriate.
(b) Indo-Pacific Reassurance Initiative.--The Secretary of Defense
shall carry out a program of prioritized activities to reassure United
States allies and partner countries in the Indo-Pacific region that
shall be known as the ``Indo-Pacific Reassurance Initiative'' (in this
section referred to as the ``Initiative'').
(c) Objectives.--The objectives of the Initiative shall include
reassuring United States allies and partner countries in the Indo-
Pacific region by--
(1) optimizing the presence of United States Armed Forces
in the region;
(2) strengthening and maintaining bilateral and
multilateral military exercises and training with such
countries;
(3) improving infrastructure in the region to enhance the
responsiveness of United States Armed Forces;
(4) enhancing the prepositioning of equipment and materiel
in the region; and
(5) building the defense and security capabilities,
capacity, and cooperation of such countries.
(d) Plan Relating to Transparency for the Indo-Pacific Reassurance
Initiative.--
(1) Plan required.--
(A) In general.--Not later than February 1, 2022,
and annually thereafter, the Secretary of Defense, in
consultation with the Commander of the United States
Indo-Pacific Command, shall submit to the congressional
defense committees a future years plan on activities
and resources of the Initiative.
(B) Applicability.--The plan shall apply to the
Initiative with respect to the first fiscal year
beginning after the date of submission of the plan and
at least the 4 succeeding fiscal years.
(2) Matters to be included.--The plan required under
paragraph (1) shall include each of the following:
(A) A summary of progress made towards achieving
the objectives of the Initiative.
(B) An assessment of resource requirements to
achieve such objectives.
(C) An assessment of capabilities requirements to
achieve such objectives.
(D) An assessment of logistics requirements,
including force enablers, equipment, supplies, storage,
and maintenance requirements, to achieve such
objectives.
(E) An identification of the intended force
structure and posture of the assigned and allocated
forces within the area of responsibility of the United
States Indo-Pacific Command for the last fiscal year of
the plan and the manner in which such force structure
and posture support such objectives.
(F) An identification and assessment of required
infrastructure and military construction investments to
achieve such objectives, including potential
infrastructure investments proposed by host countries,
new construction or modernization of existing sites
that would be funded by the United States, and a master
plan that includes the following:
(i) A list of specific locations, organized
by country, in which the Commander of the
United States Indo-Pacific Command anticipates
requiring infrastructure investments to support
an enduring or periodic military presence in
the region.
(ii) A list of specific infrastructure
investments required at each location
identified under clause (i), to include the
project title and estimated cost of each
project.
(iii) A brief explanation for how each
location identified under clause (i) and
infrastructure investments identified under
clause (ii) support a validated requirement or
component of the overall strategy in the
region.
(iv) A discussion of any gaps in the
current infrastructure authorities that would
preclude implementation of the infrastructure
investments identified under clause (ii).
(v) A description of the type and size of
military force elements that would maintain an
enduring presence or operate periodically from
each location identified under clause (i).
(vi) A summary of kinetic and non-kinetic
vulnerabilities for current locations and each
location identified in clause (i), to include--
(I) the level of risk associated
with each vulnerability; and
(II) the proposed mitigations and
projected costs to address each such
vulnerability, to include--
(aa) hardening and other
resilience measures;
(bb) active and passive
counter-Intelligence,
Surveillance, and
Reconnaissance;
(cc) active and passive
counter Positioning,
Navigation, and Timing;
(dd) air and missile
defense capabilities;
(ee) enhanced logistics and
sea lines of communication
security; and
(ff) other issues
identified by the Commander of
the United States Indo-Pacific
Command.
(G) An assessment of logistics requirements,
including force enablers, equipment, supplies, storage,
fuel storage and distribution, and maintenance
requirements, to achieve such objectives.
(H) An analysis of the challenges to the ability of
the United States to deploy significant forces from the
continental United States to the Indo-Pacific theater
in the event of a major contingency, and a description
of the plans of the Department of Defense, including
military exercises, to address such challenges.
(I) An assessment and plan for security cooperation
investments to enhance such objectives.
(J) A plan to resource United States force posture
and capabilities, including--
(i) the infrastructure capacity of existing
locations and their ability to accommodate
additional United States forces in the Indo-
Pacific region;
(ii) the potential new locations for
additional United States Armed Forces in the
Indo-Pacific region, including an assessment of
infrastructure and military construction
resources necessary to accommodate such forces;
(iii) a detailed timeline to achieve
desired posture requirements;
(iv) a detailed assessment of the resources
necessary to achieve the requirements of the
plan, including specific cost estimates for
each project under the Initiative to support
optimized presence, exercises and training,
enhanced prepositioning, improved
infrastructure, and building partnership
capacity; and
(v) a detailed timeline to achieve the
force posture and capabilities, including force
requirements.
(K) A detailed explanation of any significant
modifications of the requirements or resources, as
compared to plans previously submitted under paragraph
(1).
(L) Any other matters the Secretary of Defense
determines should be included.
(3) Form.--The plan required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Budget Submission Information.--For fiscal year 2022 and each
fiscal year thereafter, the Secretary of Defense shall include in the
budget justification materials submitted to Congress in support of the
Department of Defense budget for that fiscal year (as submitted with
the budget of the President under section 1105(a) of title 31, United
States Code)--
(1) the amounts, by budget function and as a separate item,
requested for the Department of Defense for such fiscal year
for all programs and activities under the Initiative; and
(2) a detailed budget display for the Initiative,
including--
(A) with respect to procurement accounts--
(i) amounts displayed by account, budget
activity, line number, line item, and line item
title; and
(ii) a description of the requirements for
each such amounts;
(B) with respect to research, development, test,
and evaluation accounts--
(i) amounts displayed by account, budget
activity, line number, program element, and
program element title; and
(ii) a description of the requirements for
each such amount;
(C) with respect to operation and maintenance
accounts--
(i) amounts displayed by account title,
budget activity title, line number, and
subactivity group title; and
(ii) a description of how such amounts will
specifically be used;
(D) with respect to military personnel accounts--
(i) amounts displayed by account, budget
activity, budget subactivity, and budget
subactivity title; and
(ii) a description of the requirements for
each such amount; and
(E) with respect to each project under military
construction accounts (including with respect to
unspecified minor military construction and amounts for
planning and design), the country, location, project
title, and project amount for each fiscal year.
(f) End of Fiscal Year Report.--Not later than November 20, 2022,
and annually thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report that contains--
(1) a detailed summary of funds obligated for the
Initiative during the preceding fiscal year; and
(2) a detailed comparison of funds obligated for the
Initiative during the preceding fiscal year to the amount of
funds requested for the Initiative for such fiscal year in the
materials submitted to Congress by the Secretary in support of
the budget of the President for that fiscal year as required by
subsection (e), including with respect to each of the accounts
described in subparagraphs (A), (B), (C), (D), and (E) of
subsection (e)(2) and the information required under each such
subparagraph.
(g) Briefings Required.--Not later than March 1, 2023, and annually
thereafter, the Secretary of Defense shall provide to the congressional
defense committees a briefing on the status of all matters covered by
the report required by section (f).
(h) Relationship to Budget.--Nothing in this section shall be
construed to affect section 1105(a) of title 31, United States Code.
(i) Conforming Repeal.--Section 1251 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1676) is repealed.
SEC. 1252. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF
MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO
ARE DEPLOYED TO SOUTH KOREA.
None of the funds authorized to be appropriated by this Act may be
used to reduce the total number of members of the Armed Forces serving
on active duty who are deployed to South Korea below 28,500 until 180
days after the date on which the Secretary of Defense certifies to the
congressional defense committees the following:
(1) Such a reduction is in the national security interest
of the United States and will not significantly undermine the
security of United States allies in the region.
(2) Such a reduction is commensurate with a reduction in
the threat posed to the United States and its allies in the
region by the Democratic People's Republic of Korea.
(3) Following such a reduction, the Republic of Korea would
be capable of deterring a conflict on the Korean Peninsula.
(4) The Secretary has appropriately consulted with allies
of the United States, including South Korea and Japan,
regarding such a reduction.
SEC. 1253. IMPLEMENTATION OF GAO RECOMMENDATIONS ON PREPAREDNESS OF
UNITED STATES FORCES TO COUNTER NORTH KOREAN CHEMICAL AND
BIOLOGICAL WEAPONS.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall develop a
plan to address the recommendations in the U.S. Government
Accountability Office's report entitled ``Preparedness of U.S.
Forces to Counter North Korean Chemical and Biological
Weapons'' (GAO-20-79C).
(2) Elements.--The plan required under paragraph (1) shall,
with respect to each recommendation in the report described in
paragraph (1) that the Secretary of Defense has implemented or
intends to implement, include--
(A) a summary of actions that have been or will be
taken to implement the recommendation; and
(B) a schedule, with specific milestones, for
completing implementation of the recommendation.
(b) Submittal to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees the plan required under subsection
(a).
(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 (a).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--The Secretary of
Defense may initiate implementation of a recommendation
in the report described in subsection (a)(1) 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 decide not to implement a recommendation in the
report described in subsection (a)(1) 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 alternative actions the
Secretary plans to take to address the
conditions underlying the recommendation.
SEC. 1254. PUBLIC REPORTING OF CHINESE MILITARY COMPANIES OPERATING IN
THE UNITED STATES.
(a) Determination of Operations.--Not later than 1 year after the
date of the enactment of this Act, and on an ongoing basis thereafter,
the Secretary of Defense shall identify each entity the Secretary
determines, based on the most recent information available, is--
(1)(A) directly or indirectly owned, controlled, or
beneficially owned by, or in an official or unofficial capacity
acting as an agent of or on behalf of, the People's Liberation
Army or any of its affiliates; or
(B) identified as a military-civil fusion contributor to
the Chinese defense industrial base;
(2) engaged in providing commercial services,
manufacturing, producing, or exporting; and
(3) operating directly or indirectly in the United States,
including any of its territories and possessions.
(b) Submission; Publication.--
(1) Submission.--Not later than 1 year after the date of
the enactment of this Act, and every 2 years thereafter, the
Secretary shall submit to the Committees on Armed Services of
the House of Representatives and the Senate an updated list of
each entity determined to be a Chinese military company
pursuant to subsection (a), in classified and unclassified
forms.
(2) Publication.--Concurrent with the submission of a list
under paragraph (1), the Secretary shall publish the
unclassified portion of such list in the Federal Register.
(c) Consultation.--The Secretary may consult with the head of any
appropriate Federal department or agency in making the determinations
required under subsection (a) and shall transmit a copy of each list
submitted under subsection (b)(1) to the heads of each appropriate
Federal department and agency.
(d) Definitions.--
(1) Military-civil fusion contributor.--In this section,
the term ``military-civil fusion contributor'' includes--
(A) entities receiving assistance from the
Government of China through science and technology
efforts initiated under the Chinese military industrial
planning apparatus;
(B) entities affiliated with the Chinese Ministry
of Industry and Information Technology, including
entities connected through Ministry schools, research
partnerships, and state-aided science and technology
projects;
(C) entities receiving assistance from the
Government of China or operational direction or policy
guidance from the State Administration for Science,
Technology and Industry for National Defense;
(D) entities recognized and awarded with receipt of
an innovation prize for science and technology by such
State Administration;
(E) any other entity or subsidiary defined as a
``defense enterprise'' by the Chinese State Council;
and
(F) entities residing in or affiliated with a
military-civil fusion enterprise zone or receiving
assistance from the Government of China through such
enterprise zone.
(2) People's liberation army.--The term ``People's
Liberation Army'' means the land, naval, and air military
services, the police, and the intelligence services of the
Government of China, and any member of any such service or of
such police.
SEC. 1255. INDEPENDENT STUDY ON THE DEFENSE INDUSTRIAL BASE OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
to conduct a study on the defense industrial base of the People's
Republic of China.
(b) Elements of Study.--The study required under subsection (a)
shall assess the resiliency and capacity of China's defense industrial
base to support its objectives in competition and conflict, including
with respect to the following:
(1) The manufacturing capacity and physical plant capacity
of the defense industrial base, including its ability to
modernize to meet future needs.
(2) Gaps in national-security-related domestic
manufacturing capabilities, including non-existent, extinct,
threatened, and single-point-of-failure capabilities.
(3) Supply chains with single points of failure or limited
resiliency, especially suppliers at third-tier and lower.
(4) Energy consumption and vulnerabilities.
(5) Domestic education and manufacturing workforce skills.
(6) Exclusive or dominant supply of military and civilian
materiel, raw materials, or other goods (or components thereof)
essential to China's national security by the United States or
United States allies and partners.
(7) The ability to meet the likely repair and new
construction demands of the People's Liberation Army in the
event of a protracted conflict.
(8) The availability of substitutes or alternative sources
for goods identified pursuant to paragraph (6).
(9) Recommendations for legislative, regulatory, and policy
changes and other actions by the President and the heads of
Federal agencies as appropriate based upon a reasoned
assessment that the benefits outweigh the costs (broadly
defined to include any economic, strategic, and national
security benefits or costs) over the short, medium, and long-
term to erode, in the event of a conflict, the ability of
China's defense industrial base to support the national
objectives of China.
(c) Submission to Department of Defense.--Not later than 210 days
after the date of the enactment of this Act, the federally funded
research and development center shall submit to the Secretary a report
containing the study conducted under subsection (a).
(d) Submission to Congress.--Not later than 240 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees the report submitted to the Secretary
under subsection (c), without change but with any comments of the
Secretary with respect to the report.
SEC. 1256. DETERRENCE STRATEGY AGAINST CHINESE-ORIGIN CYBER ATTACKS.
(a) Findings.--Congress finds the following:
(1) Cyber-enabled industrial espionage and the large scale
cybertheft of personal information by the People's Republic of
China (``PRC'') are severely detrimental to national security,
economic vitality, and technological preeminence.
(2) Such attacks are generally situated within the context
of state-sponsored gray zone campaigns and not generally
ultimately attributable to sub-state actors.
(3) The United States response to such espionage has not
included the imposition of sufficient costs on the PRC to deter
or credibly respond to such attacks.
(b) Statement of Policy.--It is the policy of the United States to
deter and respond to industrial espionage and the theft of personal
information conducted against the United States or United States
persons by the PRC, PRC persons or entities, or persons or entities
acting on behalf of the PRC.
(c) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a whole-of-government strategy, in
unclassified and classified forms as specified in paragraphs (1)
through (4), to impose costs on the PRC or appropriate PRC persons or
entities in order to deter industrial espionage and the large-scale
theft of personal information conducted by the PRC, PRC persons or
entities, or persons or entities acting on behalf of the PRC against
the United States or United States persons, that includes the
following:
(1) An unclassified discussion of United States interests
in preventing such cyber attacks that includes a general
discussion of the impact on the United States and its economy
from such attacks.
(2) An unclassified general discussion of the contexts in
which and the means by which the United States will seek to
deter such cyber attacks, that seeks to demonstrate the
credibility of United States resolve to defend its interests in
cyberspace.
(3) A classified theory of deterrence with respect to the
PRC that explains--
(A) the means or combination of means, including
available non-cyber responses, anticipated to achieve
deterrence and the justification for such assessment;
and
(B) an escalation ladder that describes the
circumstances and the timeframe under which the
President plans to invoke the use of such means to be
effective to deter such attacks or to invoke lesser
means to provide a credible response.
(4) A classified description of the roles of the Secretary
of State, the Secretary of Defense, the Attorney General, the
Secretary of Commerce, the Secretary of the Treasury, the
Secretary of Homeland Security, the Secretary of Health and
Human Services, and, as appropriate, the head of each element
of the intelligence community (as such term is defined by
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) in carrying out such strategy.
(d) Implementation Plan.--Not later than 30 days after the date of
the submission of the strategy required by subsection (c), each Federal
official listed in subsection (c)(4) shall submit to the appropriate
congressional committees a classified implementation plan to describe
the manner in which the respective department or agency will carry out
this strategy.
(e) Update.--Not later than 1 year after the date of the submission
of the strategy required by subsection (c), and annually thereafter,
the President shall submit to the appropriate congressional committees
an unclassified assessment of the effectiveness of the strategy, an
unclassified summary of the lessons learned from the past year on the
effectiveness of deterrence (which may contain a classified annex), and
an unclassified summary of planned changes to the strategy with a
classified annex on changes to its theory of deterrence.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, the Permanent Select Committee on Intelligence,
the Committee on the Judiciary, the Committee on Energy and
Commerce, the Committee on Homeland Security, and the Committee
on Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Commerce, Science, and
Transportation, the Committee on Homeland Security and
Government Affairs, and the Committee on the Judiciary of the
Senate.
SEC. 1257. REPORT ON CHINA'S ONE BELT, ONE ROAD INITIATIVE IN AFRICA.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State and the Director of National Intelligence, shall
submit to the appropriate congressional committees a report on the
military and defense implications of China's One Belt, One Road
Initiative in Africa and a strategy to address impacts on United States
military and defense interests in Africa.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following:
(1) An assessment of Chinese dual-use investments in
Africa, including a description of which investments that are
of greatest concern to United States military or defense
interests.
(2) A description of such investments that are associated
with People's Liberation Army cooperation with African
countries.
(3) An assessment of the potential military, intelligence,
and logistical threats facing United States' key regional
military infrastructure, supply chains, and staging grounds due
to such investments.
(4) An identification of Department of Defense measures
taken to mitigate the risk posed to United States forces and
defense interests by such investments.
(5) A strategy to address ongoing military and defense
implications posed by the expansion of such investments.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and Select Committee on
Intelligence of the Senate.
(2) Chinese dual-use investments in africa.--The term
``Chinese dual-use investments in Africa'' means investments
made by the Government of the People's Republic of China, the
Chinese Communist Party, or companies owned or controlled by
such Government or Party in the infrastructure of African
countries or related projects for both commercial and military
or proliferation purposes.
(d) Form.--The report required by subsection (a) shall--
(1) be submitted in unclassified form but may contain a
classified annex; and
(2) be made available to the public on the website of the
Department of Defense.
SEC. 1258. SENSE OF CONGRESS ON ENHANCEMENT OF THE UNITED STATES-TAIWAN
DEFENSE RELATIONSHIP.
It is the sense of Congress that--
(1) Taiwan is a vital partner of the United States and is
critical to a free and open Indo-Pacific region;
(2) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and
the ``Six Assurances'' are both cornerstones of United States
relations with Taiwan;
(3) the United States should continue to strengthen defense
and security cooperation with Taiwan to support the development
of capable, ready, and modern defense forces necessary for
Taiwan to maintain a sufficient self-defense capability;
(4) consistent with the Taiwan Relations Act, the United
States should strongly support the acquisition by Taiwan of
defense articles and services through foreign military sales,
direct commercial sales, and industrial cooperation, with an
emphasis on anti-ship, coastal defense, anti-armor, air
defense, defensive naval mining, and resilient command and
control capabilities that support the asymmetric defense
strategy of Taiwan;
(5) the President and Congress should determine the nature
and quantity of such defense articles and services based solely
upon their judgment of the needs of Taiwan, as required by the
Taiwan Relations Act and in accordance with procedures
established by law;
(6) the United States should continue efforts to improve
the predictability of United States arms sales to Taiwan by
ensuring timely review of and response to requests of Taiwan
for defense articles and services;
(7) the Secretary of Defense should promote policies
concerning exchanges that enhance the security of Taiwan,
including--
(A) opportunities with Taiwan for practical
training and military exercises that--
(i) enable Taiwan to maintain a sufficient
self-defense capability, as described in
section 3(a) of the Taiwan Relations Act (22
U.S.C. 3302(a)); and
(ii) emphasize capabilities consistent with
the asymmetric defense strategy of Taiwan;
(B) exchanges between senior defense officials and
general officers of the United States and Taiwan,
consistent with the Taiwan Travel Act (Public Law 115-
135), especially for the purpose of enhancing
cooperation on defense planning and improving the
interoperability of United States and Taiwan forces;
and
(C) opportunities for exchanges between junior
officers and senior enlisted personnel of the United
States and Taiwan;
(8) the Secretary of Defense should consider expanded air
and naval engagements and training with Taiwan to enhance
regional security;
(9) the United States and Taiwan should expand cooperation
in humanitarian assistance and disaster relief including
conducting port calls in Taiwan with the United States Naval
Ship Comfort and United States Naval Ship Mercy;
(10) the Secretary of Defense should consider options,
including exercising ship visits and port calls, as
appropriate, to expand the scale and scope of humanitarian
assistance and disaster response cooperation with Taiwan and
other regional partners so as to improve disaster response
planning and preparedness;
(11) the Secretary of Defense should continue regular
transits of United States Navy vessels through the Taiwan
Strait and encourage allies and partners to follow suit in
conducting such transits to demonstrate the commitment of the
United States and its allies and partners to fly, sail, and
operate anywhere international law allows;
(12) the violation of international law by the Government
of China with respect to the Joint Declaration of the
Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the People's Republic of China on
the Question of Hong Kong, done at Beijing December 19, 1984,
is gravely concerning and erodes international confidence in
China's willingness to honor its international commitments,
including not to change the status quo with respect to Taiwan
by force;
(13) the increasingly coercive and aggressive behavior of
China towards Taiwan, including growing military maneuvers
targeting Taiwan, is contrary to the expectation of the
peaceful resolution of the future of Taiwan; and
(14) the United States and Taiwan should expand
consultation and cooperation on combating the Coronavirus
Disease 2019 (``COVID-19'') and seek to share the best
practices and cooperate on a range of activities under this
partnership.
SEC. 1259. REPORT ON SUPPLY CHAIN SECURITY COOPERATION WITH TAIWAN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the head of each
appropriate Federal department and agency, shall submit to the
congressional defense committees a report on the following:
(1) The feasibility of establishing a high-level,
interagency United States-Taiwan working group for coordinating
cooperation related to supply chain security.
(2) A discussion of the Department of Defense's current and
future plans to engage with Taiwan with respect to activities
ensuring supply chain security.
(3) A discussion of obstacles encountered in forming,
executing, or implementing agreements with Taiwan for
conducting activities to ensure supply chain security.
(4) Any other matters the Secretary of Defense determines
should be included.
SEC. 1260. REPORT ON UNITED STATES-TAIWAN MEDICAL SECURITY PARTNERSHIP.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretary of
Health and Human Services, shall submit to the congressional defense
committees a report on the following:
(1) The goals, objectives, and feasibility of developing a
United States-Taiwan medical security partnership on issues
related to pandemic preparedness and control.
(2) A discussion of current and future plans to engage with
Taiwan in medical security activities.
(3) An evaluation of cooperation on a range of activities
under the partnership to include--
(A) research and production of vaccines and
medicines;
(B) joint conferences with scientists and experts;
(C) collaboration relating to and exchanges of
medical supplies and equipment; and
(D) the use of hospital ships such as the United
States Naval Ship Comfort and United States Naval Ship
Mercy.
(4) Any other matters the Secretary of Defense determines
appropriate.
SEC. 1260A. REPORT ON UNITED FRONT WORK DEPARTMENT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the following:
(1) The extent to which the United Front Work Department of
the People's Republic of China poses a threat to the national
defense and national security of the United States.
(2) An evaluation of which actions, if any, the United
States should take in response to the threat and activities of
the United Front Work Department as described in paragraph (1).
(3) Any other matters the Secretary of Defense determines
should be included.
SEC. 1260B. SENSE OF CONGRESS ON CROSS-BORDER VIOLENCE BETWEEN THE
PEOPLE'S REPUBLIC OF CHINA AND INDIA AND THE GROWING
TERRITORIAL CLAIMS OF CHINA.
(a) Findings.--Congress makes the following findings:
(1) Since a truce in 1962 ended skirmishes between the
People's Republic of China and India, the countries have been
divided by a 2,100-mile-long Line of Actual Control.
(2) In the decades since the truce, military standoffs
between the People's Republic of China and India have flared;
however, the standoffs have rarely claimed the lives of
soldiers.
(3) In the months leading up to June, 15, 2020, along the
Line of Actual Control, the People's Republic of China's
military--
(A) reportedly amassed 5,000 soldiers; and
(B) is trying to redraw long-standing settled
boundaries through the use of force and aggression.
(4) On June 6, 2020, the People's Republic of China and
India reached an agreement of de-escalate and disengage along
the Line of Actual Control.
(5) On June 15, 2020, at least 20 Indian soldiers and an
unconfirmed number of Chinese soldiers were killed in
skirmishes following a weekslong standoff in Eastern Ladakh,
which is the de facto border between India and the People's
Republic of China.
(b) Sense of Congress.--It is the sense of Congress that--
(1) there is significant concern about the continued
military aggression by the Government of the People's Republic
of China along its border with India and in other parts of the
world, including with Bhutan, in the South China Sea, and with
the Senkaku Islands, as well as the Government of the People's
Republic of China's aggressive posture toward Hong Kong and
Taiwan; and
(2) the Government of the People's Republic of China should
work toward de-escalating the situation along the Line of
Actual Control with India through existing diplomatic
mechanisms and not through force.
SEC. 1260C. SENSE OF CONGRESS ON UNITED STATES COMMITMENTS TO PACIFIC
ALLIES.
It is the sense of Congress that--
(1) the United States affirms the strategic importance of
the United States commitments to allies such as the Republic of
Korea and Japan;
(2) the United States remains committed to the mutually-
beneficial relationships with the Republic of Korea and Japan
and welcomes the strong leadership of those countries in the
Indo-Pacific region; and
(3) as the United States seeks to strengthen longstanding
military relationships and encourage the development of a
strong defense network with allies and partners, the United
States reaffirms the United States commitments to maintaining
the presence of the United States Armed Forces in the Republic
of Korea and Japan.
SEC. 1260D. RESTRICTIONS ON EXPORT, REEXPORT, AND IN-COUNTRY TRANSFERS
OF CERTAIN ITEMS THAT PROVIDE A CRITICAL CAPABILITY TO
THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA TO
SUPPRESS INDIVIDUAL PRIVACY, FREEDOM, AND OTHER BASIC
HUMAN RIGHTS.
(a) Statement of Policy.--It is the policy of the United States to
protect the basic human rights of Uighurs and other ethnic minorities
in the People's Republic of China.
(b) List of Covered Items.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, and as appropriate thereafter, the
President--
(A) shall identify those items that provide a
critical capability to the Government of the People's
Republic of China, or any person acting on behalf of
such Government, to suppress individual privacy,
freedom of movement, and other basic human rights,
specifically through--
(i) surveillance, interception, and
restriction of communications;
(ii) monitoring of individual location or
movement or restricting individual movement;
(iii) monitoring or restricting access to
and use of the internet;
(iv) monitoring or restricting use of
social media;
(v) identification of individuals through
facial recognition, voice recognition, or
biometric indicators;
(vi) detention of individuals who are
exercising basic human rights; and
(vii) forced labor in manufacturing; and
(B) shall, pursuant to the Export Control Reform
Act of 2018 (50 U.S.C. 4801 et seq.), include items
identified pursuant to subparagraph (A) on the Commerce
Control List in a category separate from other items,
as appropriate, on the Commerce Control List.
(2) Support and cooperation.--Upon request, the head of a
Federal agency shall provide full support and cooperation to
the President in carrying out this subsection.
(3) Consultation.--In carrying out this subsection, the
President shall consult with the relevant technical advisory
committees of the Department of Commerce to ensure that the
composition of items identified under paragraph (1)(A) and
included on the Commerce Control List under paragraph (1)(B)
does not unnecessarily restrict commerce between the United
States and the People's Republic of China, consistent with the
purposes of this section.
(c) Special License or Other Authorization.--
(1) In general.--Beginning not later than 180 days after
the date of the enactment of this Act, the President shall,
pursuant to the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.), require a license or other authorization for the
export, reexport, or in-country transfer to or within the
People's Republic of China of an item identified pursuant to
subsection (b)(1)(A) and included on the Commerce Control List
pursuant to subsection (b)(1)(B).
(2) Presumption of denial.--An application for a license or
other authorization described in paragraph (1) shall be subject
to a presumption of denial.
(3) Public notice and comment.--The President shall provide
for notice and public comment with respect actions necessary to
carry out this subsection.
(d) International Coordination and Multilateral Controls.--It shall
be the policy of the United States to seek to harmonize United States
export control regulations with international export control regimes
with respect to the items identified pursuant to subsection (b)(1)(A),
including through the Wassenaar Arrangement and other bilateral and
multilateral mechanisms involving countries that export such items.
(e) Termination of Suspension of Certain Other Programs and
Activities.--Section 902(b)(1) of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 22 U.S.C. 2151
note) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``and China's Xinjiang Uighur Autonomous Region'' after
``Tibet'';
(2) in subparagraph (D), by striking ``and'' at the end;
(3) in subparagraph (E), by striking ``or'' after the
semicolon and inserting ``and''; and
(4) by adding the following new subparagraph:
``(F) the ending of the mass internment of ethnic
Uighurs and other Turkic Muslims in the Xinjiang Uighur
Autonomous Region, including the intrusive system of
high-tech surveillance and policing in the region;
or''.
(f) Definitions.--In this section:
(1) Commerce control list.--The term ``Commerce Control
List'' means the list set forth in Supplement No. 1 to part 774
of the Export Administration Regulations under subchapter C of
chapter VII of title 15, Code of Federal Regulations.
(2) Export, in-country transfer, item, and reexport.--The
terms ``export'', ``in-country transfer'', ``item'', and
``reexport'' have the meanings given such terms in section 1742
of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
SEC. 1260E. PROHIBITION ON COMMERCIAL EXPORT OF COVERED DEFENSE
ARTICLES AND SERVICES AND COVERED MUNITIONS ITEMS TO THE
HONG KONG POLICE.
(a) In General.--Except as provided in subsection (b), the
President shall prohibit the issuance of licenses to export covered
defense articles and services and covered munitions items to the Hong
Kong Police.
(b) Waiver.--The prohibition under subsection (a) shall not apply
to the issuance of a license with respect to which the President
submits to the appropriate congressional committees a written
certification that the exports to be covered by such license are
important to the national interests and foreign policy goals of the
United States, including a description of the manner in which such
exports will promote such interests and goals.
(c) Termination.--The prohibition under subsection (a) shall
terminate on the date on which the President certifies to the
appropriate congressional committees that--
(1) the Hong Kong Police have not engaged in gross
violations of human rights during the 1-year period ending on
the date of such certification; and
(2) there has been an independent examination of human
rights concerns related to the crowd control tactics of the
Hong Kong Police and the Government of the Hong Kong Special
Administrative Region has adequately addressed those concerns.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives;
(B) the Committee on Foreign Relations of the
Senate; and
(C) the Committee on Banking, Housing, and Urban
Affairs of the Senate.
(2) Covered defense articles and services.--The term
``covered defense articles and services'' means defense
articles and defense services designated by the President under
section 38(a)(1) of the Arms Export Control Act (22 U.S.C.
2778(a)(1)).
(3) Covered munitions items.--The term ``covered munitions
items'' means--
(A) items controlled under section 742.7 of part
742 of subtitle B of title 15, Code of Federal
Regulations (relating to crime control and detection
instruments and equipment and related technology and
software); and
(B) items listed under the ``600 series'' of the
Commerce Control List contained in Supplement No. 1 to
part 774 of subtitle B of title 15, Code of Federal
Regulations.
(4) Hong kong.--The term ``Hong Kong'' has the meaning
given such term in section 3 of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5702).
(5) Hong kong police.--The term ``Hong Kong Police''
means--
(A) the Hong Kong Police Force; and
(B) the Hong Kong Auxiliary Police Force.
SEC. 1260F. SOUTHEAST ASIA STRATEGY.
(a) Findings.--Congress finds the following:
(1) Southeast Asia is the fulcrum of the Indo-Pacific
region, providing both a geographic and maritime link between
East and South Asia.
(2) The Association of Southeast Asian Nations (ASEAN), a
regional intergovernmental organization, remains central to the
Indo-Pacific region's institutional architecture and to United
States foreign policy toward the region.
(3) The United States has reaffirmed that the security and
sovereignty of its Southeast Asian allies and partners,
including a strong, independent ASEAN, remain vital to the
security, prosperity, and stability of the Indo-Pacific region.
(4) The United States has committed to continuing to deepen
longstanding alliances and partnerships with a range of
Southeast Asian nations, including by promoting our shared
values, democracy, human rights, and civil society.
(5) Since the end of the Second World War, United States
investments in strengthening alliances and partnerships with
Southeast Asian nations have yielded tremendous returns for
United States interests, as working with and through these
alliances and partnerships have increased the region's capacity
and capability to address common challenges.
(6) ASEAN member states are critical United States security
partners in preventing violent extremism and protecting the
freedom and openness of the maritime domain and in preventing
the trafficking of weapons of mass destruction.
(7) ASEAN member states have contributed significantly to
regional disaster monitoring and management and emergency
response through initiatives such as the ASEAN Coordinating
Centre for Humanitarian Assistance on Disaster Management, an
inter-governmental organization that facilitates coordination
and cooperation among ASEAN member states and international
organizations in times of emergency.
(8) According to the 2018 ASEAN Business Outlook Survey,
ASEAN member states are vital to the prosperity of the United
States economy and exports to ASEAN economies support more than
500,000 jobs in the United States.
(9) The United States and ASEAN have recently celebrated
the 40th anniversary of their ties and established a new
strategic partnership that will enhance cooperation across the
economic, political-security, and people-to-people pillars of
the relationship.
(b) Statement of Policy.--It is the policy of the United States
to--
(1) deepen cooperation with ASEAN and ASEAN member states
in the interest of promoting peace, security, and stability in
the Indo-Pacific region;
(2) affirm the importance of ASEAN centrality and ASEAN-led
mechanisms in the evolving institutional architecture of the
Indo-Pacific region; and
(3) establish and communicate a comprehensive strategy
toward the Indo-Pacific region that articulates--
(A) the role and importance of Southeast Asia to
the United States;
(B) the value of the United States-ASEAN
relationship;
(C) the mutual interests of all parties;
(D) the concrete and material benefits all nations
derive from strong United States engagement and
leadership in Southeast Asia; and
(E) efforts to forge and maintain ASEAN consensus,
especially on key issues of political and security
concern to the region, such as the South China Sea.
(c) Strategy for Engagement With Southeast Asia and ASEAN.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of other Federal departments and
agencies as appropriate, shall develop and submit to the
appropriate congressional committees a comprehensive strategy
for engagement with Southeast Asia and ASEAN.
(2) Matters to be included.--The strategy required by
paragraph (1) shall include the following:
(A) A statement of enduring United States interests
in Southeast Asia and a description of efforts to
bolster the effectiveness of ASEAN.
(B) A description of efforts to--
(i) deepen and expand Southeast Asian
alliances, partnerships, and multilateral
engagements, including efforts to expand broad
based and inclusive economic growth, security
ties, security cooperation and
interoperability, economic connectivity, and
expand opportunities for ASEAN to work with
other like-minded partners in the region; and
(ii) encourage like-minded partners outside
of the Indo-Pacific region to engage with
ASEAN.
(C) A summary of initiatives across the whole of
the United States Government to strengthen the United
States partnership with Southeast Asian nations and
ASEAN, including to promote broad based and inclusive
economic growth, trade, investment, energy and efforts
to combat climate change, public-private partnerships,
physical and digital infrastructure development,
education, disaster management, public health and
economic and political diplomacy in Southeast Asia.
(D) A summary of initiatives across the whole of
the United States Government to enhance the capacity of
Southeast Asian nations with respect to enforcing
international law and multilateral sanctions, and
initiatives to cooperate with ASEAN as an institution
in these areas.
(E) A summary of initiatives across the whole of
the United States Government to promote human rights
and democracy, to strengthen the rule of law, civil
society, and transparent governance, and to protect the
integrity of elections from outside influence.
(F) A summary of initiatives to promote security
cooperation and security assistance within Southeast
Asian nations, including--
(i) maritime security and maritime domain
awareness initiatives for protecting the
maritime commons and supporting international
law and freedom of navigation in the South
China Sea; and
(ii) efforts to combat terrorism, human
trafficking, piracy, and illegal fishing, and
promote more open, reliable routes for sea
lines of communication.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
SEC. 1260G. SENSE OF CONGRESS ON STRATEGIC SECURITY RELATIONSHIP
BETWEEN THE UNITED STATES AND MONGOLIA.
Congress--
(1) recognizes the security relationship between the United
States and Mongolia and remains committed to advancing the
comprehensive partnership in the future;
(2) urges the United States Government and the Government
of Mongolia to deepen military cooperation through joint
defense exercises and hosting military officers for training in
the United States;
(3) encourages the Government of Mongolia to continue its
contributions to multinational peacekeeping operations,
including the North Atlantic Treaty Organization (NATO) and the
United Nations;
(4) commends the Mongolian Armed Forces continued
contributions to NATO's Resolute Support Mission in Afghanistan
to help train Afghan Security Forces and provide security at
Kabul International Airport, and continued enforcement of
United Nations Security Council sanctions in response to North
Korea's illicit nuclear and ballistic missile programs; and
(5) applauds the continued engagement of Mongolia in the
Organization for Security and Co-operation in Europe, the
Community of Democracies, congressional-parliamentary
partnerships, and other institutions that promote democratic
values, which reinforces the commitment of the people and the
Government of Mongolia to those values and standards.
Subtitle G--Other Matters
SEC. 1261. PROVISION OF GOODS AND SERVICES TO KWAJALEIN ATOLL.
(a) Authority for Provision of Goods and Services.--Chapter 767 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 7596. Provision of goods and services to Kwajalein Atoll
``(a) Authority.--
``(1) In general.--The Secretary of the Army may, subject
to the concurrence of the Secretary of State as provided in
paragraph (2), use any amounts appropriated to the Department
of the Army to provide goods and services, including inter-
atoll transportation, to the Government of the Republic of the
Marshall Islands and to other eligible patrons at Kwajalein
Atoll, under regulations and at rates to be prescribed by the
Secretary of the Army in accordance with this section.
``(2) Effect on compact.--The Secretary of State may not
concur to the provision of goods and services under paragraph
(1) if the Secretary determines that such provision would be
inconsistent with the Compact of Free Association between the
Government of the United States of America and the Government
of the Republic of the Marshall Islands (as set forth in title
II of the Compact of Free Association Act of 1985 (48 U.S.C.
1901 et seq.)) or with any subsidiary agreement or implementing
arrangement with respect to such Compact.
``(b) Reimbursement.--
``(1) Authority to collect reimbursement.--The Secretary of
the Army may collect reimbursement from the Government of the
Republic of the Marshall Islands or eligible patrons for the
provision of goods and services under this section in an amount
that does not exceed the costs to the United States of
providing such goods or services.
``(2) Maximum reimbursement.--The total amount collected in
a fiscal year pursuant to the authority under paragraph (1) may
not exceed $7,000,000.''.
(b) Clerical Amendments.--The table of contents for chapter 767 of
title 10, United States Code, is amended by adding at the end the
following new item:
``Sec. 7595. Provision of goods and services to Kwajalein Atoll.''.
SEC. 1262. ANNUAL BRIEFINGS ON CERTAIN FOREIGN MILITARY BASES OF
ADVERSARIES.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 130l. Annual briefings on certain foreign military bases of
adversaries
``(a) Requirement.--Not later than February 15 of each year, the
Chairman of the Joint Chiefs of Staff and the Secretary of Defense,
acting through the Under Secretary of Defense for Intelligence and
Security, shall provide to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a briefing on--
``(1) covered foreign military bases and the related
capabilities of that foreign military; and
``(2) the effects of such bases and capabilities on--
``(A) the military installations of the United
States located outside the United States; and
``(B) current and future deployments and operations
of the armed forces of the United States.
``(b) Elements.--Each briefing under subsection (a) shall include
the following:
``(1) An assessment of covered foreign military bases,
including such bases established by China, Russia, and Iran,
and any updates to such assessment provided in a previous
briefing under such subsection.
``(2) Information regarding known plans for any future
covered foreign military base.
``(3) An assessment of the capabilities, including those
pertaining to anti-access and area denial, provided by covered
foreign military bases to that foreign military, including an
assessment of how such capabilities could be used against the
armed forces of the United States in the country and the
geographic combatant command in which such base is located.
``(4) A description of known ongoing activities and
capabilities at covered foreign military bases, and how such
activities and capabilities advance the foreign policy and
national security priorities of the relevant foreign countries.
``(5) The extent to which covered foreign military bases
could be used to counter the defense priorities of the United
States.
``(c) Form.--Each briefing under subsection (a) shall be provided
in classified form.
``(d) Covered Foreign Military Base Defined.--In this section, the
term `covered foreign military base' means, with respect to a foreign
country that is an adversary of the United States, a military base of
that country located in a different country.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``130l. Annual briefings on certain foreign military bases of
adversaries.''.
SEC. 1263. REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE WITH RESPECT
TO DENYING A FAIT ACCOMPLI BY A STRATEGIC COMPETITOR
AGAINST A COVERED DEFENSE PARTNER.
(a) Definitions.--In this section:
(1) Covered defense partner.--The term ``covered defense
partner'' means a partner identified in the ``Department of
Defense Indo-Pacific Strategy Report'' issued on June 1, 2019,
located within 100 miles off the coast of a strategic
competitor.
(2) Fait accompli.--The term ``fait accompli'' means the
strategy of a strategic competitor designed to allow such
strategic competitor to use military force to seize control of
a covered defense partner before the United States Armed Forces
are able to respond effectively.
(3) Strategic competitor.--The term ``strategic
competitor'' means a country labeled as a strategic competitor
in the ``Summary of the 2018 National Defense Strategy of the
United States of America: Sharpening the American Military's
Competitive Edge'' issued by the Department of Defense pursuant
to section 113 of title 10, United States Code.
(b) Report on Progress of the Department of Defense With Respect To
Denying a Fait Accompli by a Strategic Competitor Against a Covered
Defense Partner.--
(1) In general.--Not later than April 30 each year,
beginning in 2021 and ending in 2026, the Secretary of Defense
shall submit to the congressional defense committees a report
on the progress of the Department of Defense with respect to
improving the ability of the United States Armed Forces to
conduct combined joint operations to deny the ability of a
strategic competitor to execute a fait accompli against a
covered defense partner.
(2) Matters to be included.--Each report under paragraph
(1) shall include the following:
(A) An explanation of the objectives for the United
States Armed Forces that would be necessary to deny the
fait accompli by a strategic competitor against a
covered defense partner.
(B) An identification of joint warfighting
capabilities and current efforts to organize, train,
and equip the United States Armed Forces in support of
the objectives referred to in paragraph (1),
including--
(i) an assessment of whether the programs
included in the most recent future-years
defense program submitted to Congress under
section 221 of title 10, United States Code,
are sufficient to enable the United States
Armed Forces to conduct joint combined
operations to achieve such objectives;
(ii) a description of additional
investments or force posture adjustments
required to maintain or improve the ability of
the United States Armed Forces to conduct joint
combined operations to achieve such objectives;
(iii) a description of the manner in which
the Secretary of Defense intends to develop and
integrate Army, Navy, Air Force, Marine Corps,
and Space Force operational concepts to
maintain or improve the ability of the United
States Armed Forces to conduct joint combined
operations to achieve such objectives; and
(iv) an assessment of the manner in which
different options for pre-delegating
authorities may improve the ability of the
United States Armed Forces to conduct joint
combined operations to achieve such objectives.
(C) An assessment of options for deterring limited
use of nuclear weapons by a strategic competitor in the
Indo-Pacific region without undermining the ability of
the United States Armed Forces to maintain deterrence
against other strategic competitors and adversaries.
(D) An assessment of a strategic competitor theory
of victory for invading and unifying a covered defense
partner with such a strategic competitor by military
force.
(E) A description of the military objectives a
strategic competitor would need to achieve in a covered
defense partner campaign.
(F) A description of the military missions a
strategic competitor would need to execute a covered
defense partner invasion campaign, including--
(i) blockade and bombing operations;
(ii) amphibious landing operations; and
(iii) combat operations.
(G) An assessment of competing demands on a
strategic competitor's resources and how such demands
impact such a strategic competitor's ability to achieve
its objectives in a covered defense partner campaign.
(H) An assessment of a covered defense partner's
self-defense capability and a summary of defense
articles and services that are required to enhance such
capability.
(I) An assessment of the capabilities of partner
and allied countries to conduct combined operations
with the United States Armed Forces in a regional
contingency.
(3) Form.--Each report under paragraph (1) shall be
submitted in classified form but may include an unclassified
executive summary.
SEC. 1264. MODIFICATION TO REQUIREMENTS OF THE INITIATIVE TO SUPPORT
PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM
UNDUE INFLUENCE AND OTHER SECURITY THREATS.
(a) Enhanced Information Sharing.--Subsection (d)(1) section 1286
of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (10 U.S.C. 2358 note) is amended by striking ``(other than
basic research)''.
(b) Publication of Updated List.--Subsection (e) of such section is
amended by adding at the end the following new paragraph:
``(4) Publication of updated list.--
``(A) In general.--Not later than January 1, 2021,
and annually thereafter, the Secretary shall submit to
the congressional defense committees the most recently
updated list described in subsection (c)(8) in
unclassified form (but with a classified annex as
applicable) and make the unclassified portion of each
such list publicly available on an internet website in
a searchable format.
``(B) Intervening publication.--The Secretary may
submit and publish an updated list described in
subparagraph (A) more frequently than required by such
subparagraph if the Secretary determines necessary.''.
SEC. 1265. REPORT ON DIRECTED USE OF FISHING FLEETS.
Not later than 180 days after the date of the enactment of this
Act, the Commander of the Office of Naval Intelligence shall submit to
the congressional defense committees, the Committee on Foreign Affairs
of the House of Representatives, and the Committee on Foreign Relations
of the Senate an unclassified report on the use of distant-water
fishing fleets by foreign governments as extensions of such countries'
official maritime security forces, including the manner and extent to
which such fishing fleets are leveraged in support of naval operations
and foreign policy more generally. The report shall also consider the
threats, on a country-by-country basis, posed by such use of distant-
water fishing fleets to--
(1) fishing or other vessels of the United States and
partner countries;
(2) United States and partner naval and coast guard
operations; and
(3) other interests of the United States and partner
countries.
SEC. 1266. EXPANDING THE STATE PARTNERSHIP PROGRAM IN AFRICA.
The Secretary of Defense, in coordination with the Chief of the
National Guard Bureau, shall seek to build partner capacity and
interoperability in the United States Africa Command area of
responsibility through increased partnerships with countries on the
African continent, military-to-military engagements, and traditional
activities of the combatant commands.
SEC. 1267. REPORT RELATING TO REDUCTION IN THE TOTAL NUMBER OF UNITED
STATES ARMED FORCES DEPLOYED TO UNITED STATES AFRICA
COMMAND AREA OF RESPONSIBILITY.
(a) Reduction Described.--
(1) In general.--If the Department of Defense reduces the
number of United States Armed Forces deployed to the United
States Africa Command area of responsibility (in this section
referred to as ``AFRICOM AOR'') (other than United States Armed
Forces described in paragraph (2)) to a number that is below 80
percent of the number deployed as of the day before the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Director of
National Intelligence, shall, not later than 90 days after date
of such a reduction, submit to the appropriate congressional
committees a report described in subsection (b).
(2) United states armed forces described.--United States
Armed Forces described in this paragraph are United States
Armed Forces that are deployed to AFRICOM AOR but are not under
the direct authority of the Commander of United States Africa
Command, including--
(A) forces deployed in conjunction with other
Commands;
(B) forces participating in joint exercises;
(C) forces identified for pre-planned activities;
(D) forces used to assist in emergency situations;
and
(E) forces designated or assigned for diplomatic or
embassy security.
(b) Report.--
(1) In general.--A report described in this subsection is a
report that includes each of the following:
(A) A strategic plan to--
(i) degrade each of the violent extremist
organizations described in paragraph (2) within
the AFRICOM AOR, to include an assessment of
the extent to which such violent extremist
organizations pose a direct threat to the
United States; and
(ii) counter the military influence of
China and Russia within the AFRICOM AOR.
(B) The average number of United States Armed
Forces that are under the direct authority of the
Commander of United States Africa Command and deployed
to AFRICOM AOR and the amount of associated
expenditures, to be listed by month for each of the
fiscal years 2019 and 2020 and disaggregated by mission
and country, to include those forces deployed to secure
United States embassies.
(C) The average number of United States Armed
Forces that are planned to be under the direct
authority of the Commander of United States Africa
Command and deployed to AFRICOM AOR and the amount of
projected associated expenditures, to be listed by
month for fiscal years 2021 and 2022 and disaggregated
by mission and country, to include those forces
deployed to secure United States embassies.
(D) The effect that a reduction described in
subsection (a) would have on military and intelligence
efforts to combat each of the violent extremist
organizations described in paragraph (2), including a
statement of the current objectives of the Secretary of
Defense with respect to such efforts.
(E) A description of any consultation or
coordination with the Department of State or the United
States Agency for International Development with
respect to such a reduction and the effect that such a
reduction would have on diplomatic, developmental, or
humanitarian efforts in Africa, including statements of
the current objectives of the Secretary of State and
the Administrator of the United States Agency for
International Development with respect to such efforts.
(F) The strength, regenerative capacity, and intent
of such violent extremist organizations in the AFRICOM
AOR, including--
(i) an assessment of the number of fighters
in the Sahel, the Horn of Africa, and West
Africa who are members of such violent
extremist organizations;
(ii) the threat such violent extremist
organizations pose to host nations and United
States allies and partners, and the extent to
which such violent extremist organizations pose
a direct threat to the United States; and
(iii) the likely reaction of such violent
extremist organizations to the withdrawal of
United States Armed Forces.
(G) The strategic risks involved with countering
such violent extremist organizations following such a
reduction.
(H) The operational risks involved with conducting
United States led or enabled operations in Africa
against such violent extremist organizations following
such a reduction.
(I) For any region of the AFRICOM AOR in which
United States Armed Forces currently are present or
conduct activities, the effect such a reduction would
have on power and influence of China and Russia in such
region.
(J) Any consultation or coordination with United
States allies and partners concerning such a reduction.
(K) An assessment of the response from the
governments and military forces of France, the United
Kingdom, and Canada to such a reduction.
(L) An assessment of how the frequency of air
strikes could change as a result of such reduction.
(M) An assessment of the commitment of partner
security forces in the AFRICOM AOR to address gross
violations of internationally recognized human rights
and uphold international humanitarian law, and the
impact such reduction could have on such commitment.
(2) Violent extremist organizations described.--The violent
extremist organizations described in this paragraph are
adversarial groups and forces in the AFRICOM AOR, as determined
by the Secretary of Defense.
(c) Additional Reporting Requirement.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report that
includes the information required by subsection (b)(1)(B).
(d) Form.--The reports required by subsections (b) and (c) shall be
submitted in unclassified form, but may contain a classified annex.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees (which has the
meaning given the term in section 101(a)(16) of title 10,
United States Code);
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1268. REPORT ON ENHANCING PARTNERSHIPS BETWEEN THE UNITED STATES
AND AFRICAN COUNTRIES.
(a) Report Required.--
(1) In general.--Not later than June 1, 2021, the Secretary
of Defense, in coordination with the Secretary of State, shall
submit to the appropriate congressional committees a report on
the activities and resources required to enhance security and
economic partnerships between the United States and African
countries.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of the infrastructure accessible
to the Department of Defense on the continent of
Africa.
(B) An identification of the ability of the
Department to conduct freedom of movement on the
continent, including identifying the activities of
partners, allies, and other Federal departments and
agencies that are facilitated by the Department's
ability to conduct freedom of movement.
(C) Recommendations to meet the requirements
identified in subparagraph (B), including--
(i) dual-use infrastructure projects;
(ii) military construction;
(iii) the acquisition of additional
mobility capability by African countries or the
United States Armed Forces, including strategic
air lift, tactical air lift, or sealift
capability; or
(iv) any other option as determined by the
Secretary.
(D) Recommendations to expand and strengthen
partner and ally capability, including traditional
activities of the combatant commands, train and equip
opportunities, partnerships with the National Guard and
the United States Coast Guard, and multilateral
contributions.
(E) Recommendations for enhancing joint exercises
and training.
(F) An analysis of the security, economic, and
stability benefits of the recommendations identified
under subparagraphs (C) through (E).
(G)(i) A plan to fully resource United States force
posture, capabilities, and stability operations,
including--
(I) a detailed assessment of the
resources required to address the
elements described in subparagraphs (B)
through (E), including specific cost
estimates for recommended investments
or projects; and
(II) a detailed timeline to achieve
the recommendations described in
subparagraphs (B) through (D).
(ii) The specific cost estimates required
by clause (i)(I) shall, to the maximum extent
practicable, include the following:
(I) With respect to procurement
accounts--
(aa) amounts displayed by
account, budget activity, line
number, line item, and line
item title; and
(bb) a description of the
requirements for each such
amount.
(II) With respect to research,
development, test, and evaluation
accounts--
(aa) amounts displayed by
account, budget activity, line
number, program element, and
program element title; and
(bb) a description of the
requirements for each such
amount.
(III) With respect to operation and
maintenance accounts--
(aa) amounts displayed by
account title, budget activity
title, line number, and
subactivity group title; and
(bb) a description of the
specific manner in which each
such amount would be used.
(IV) With respect to military
personnel accounts--
(aa) amounts displayed by
account, budget activity,
budget subactivity, and budget
subactivity title; and
(bb) a description of the
requirements for each such
amount.
(V) With respect to each project
under military construction accounts
(including unspecified minor military
construction and amounts for planning
and design), the country, location,
project title, and project amount for
each fiscal year.
(VI) With respect to any
expenditure or proposed appropriation
not described in clause (i) through
(iv), a level of detail equivalent or
greater than the level of detail
provided in the future-years defense
program submitted pursuant to section
221(a) of title 10, United States Code.
(3) Considerations.--In preparing the report required under
paragraph (1), the Secretary shall consider--
(A) the economic development and stability of
African countries;
(B) the strategic and economic value of the
relationships between the United States and African
countries;
(C) the military, intelligence, diplomatic,
developmental, and humanitarian efforts of China and
Russia on the African continent; and
(D) the ability of the United States, allies, and
partners to combat violent extremist organizations
operating in Africa.
(4) Form.--The report required under paragraph (1) may be
submitted in classified form, but shall include an unclassified
summary.
(b) Interim Briefing Required.--Not later than April 15, 2021, the
Secretary of Defense (acting through the Under Secretary of Defense for
Policy, the Under Secretary of Defense (Comptroller), and the Director
of Cost Assessment and Program Evaluation) and the Chairman of the
Joint Chiefs of Staff shall provide to the congressional defense
committees a joint interim briefing, and any written comments the
Secretary of Defense and the Chairman of the Joint Chiefs of Staff
consider necessary, with respect to their assessments of the report
anticipated to be submitted under subsection (a).
(c) Definitions.--In this section:
(1) Dual-use infrastructure projects.--The term ``dual-use
infrastructure projects'' means projects that may be used for
either military or civilian purposes.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1269. SENSE OF CONGRESS WITH RESPECT TO QATAR.
It is the sense of Congress that--
(1) the United States and the country of Qatar have built a
strong, enduring, and forward-looking strategic partnership
based on long-standing and mutually beneficial cooperation,
including through security, defense, and economic ties;
(2) robust security cooperation between the United States
and Qatar is crucial to promoting peace and stability in the
Middle East region;
(3) Qatar plays a unique role as host of the forward
headquarters for the United States Central Command, and that
partnership facilitates United States coalition operations
countering terrorism;
(4) Qatar is a major security cooperation partner of the
United States, as recognized in the 2018 Strategic Dialogue and
the 2019 Memorandum of Understanding to expand Al Udeid Air
Base to improve and expand accommodation for United States
military personnel;
(5) the United States values Qatar's provision of access to
its military facilities and its management and financial
assistance in expanding the Al Udeid Air Base, which supports
the continued security presence of the United States in the
Middle East region; and
(6) the United States should--
(A) continue to strengthen the relationship between
the United States and Qatar, including through security
and economic cooperation; and
(B) seek a resolution to the dispute between
partner countries of the Arabian Gulf, which would
promote peace and stability in the Middle East region.
SEC. 1270. SENSE OF CONGRESS ON UNITED STATES MILITARY SUPPORT FOR AND
PARTICIPATION IN THE MULTINATIONAL FORCE AND OBSERVERS.
It is the sense of Congress that--
(1) the mission of the Multinational Force and Observers
(MFO) is to supervise implementation of the security provisions
of the Egypt-Israel Peace Treaty, signed at Washington on March
26, 1979, and employ best efforts to prevent any violation of
its terms;
(2) the MFO was established by the Protocol to the Egypt-
Israel Peace Treaty, signed on August 3, 1981, and remains a
critical institution for regional peace and stability; and
(3) as a signatory to the Egypt-Israel Peace Treaty and
subsequent Protocol, the United States strongly supports and
encourages continued United States military support for and
participation in the MFO.
SEC. 1271. REPORT ON US MILITARY SUPPORT OF THE SAUDI-LED COALITION IN
YEMEN.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report that
includes--
(1) a description of the military support, training, and
defense articles provided by the Department of Defense to Saudi
Arabia, the Government of the United Arab Emirates, and other
countries participating in the Saudi-led coalition since March
2015, including--
(A) an annual description, by fiscal year or
calendar year, of all transfers of logistics support,
supplies, defense articles, and services under sections
2341 and 2342 of title 10, United States Code, or any
other applicable law;
(B) a description of the total financial value of
such transfers and which countries bore the cost
described in subparagraph (A) of these transfers,
including the status of the reimbursement of costs from
Saudi Arabia, the Government of the United Arab
Emirates and the Saudi-led coalition to the Department
of Defense; and
(C) a description of the types of training provided
by the Department of Defense, including the authorities
under which this training was provided, and whether
such training has included tactics for stopping,
searching and seizing boats, or other activities that
could be used to restrict the importation of commercial
and humanitarian shipments into and out of Yemen;
(2) a description and evaluation of processes used by the
Department of Defense to determine whether the types of
military support described in paragraph (1)(A) have impacted
the restriction of the movement of persons into or out of
Yemen, the restriction of the importation of commercial and
humanitarian shipments into and out of Yemen, or the illicit
profit from such importation by any of the warring parties in
the conflict in Yemen;
(3) a description and evaluation of processes used by the
Department of Defense to determine whether the type of military
support described in paragraph (1)(C) has been use by any of
the warring parties in the conflict in Yemen to restrict the
importation of commercial and humanitarian shipments into and
out of Yemen; and
(4) a description and evaluation of processes used by the
Department of Defense to determine what steps the Department
has taken to reduce restrictions on the movement of persons
into or out of Yemen, and restrictions on the importation of
commercial and humanitarian shipments into and out of Yemen, or
the illicit profit of such importation by any of the warring
parties in the conflict in Yemen.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Financial Services of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Banking, Housing, and Urban Affairs of the
Senate.
SEC. 1272. PROHIBITION ON SUPPORT FOR MILITARY PARTICIPATION AGAINST
THE HOUTHIS.
(a) Prohibition Relating to Support.--None of the funds authorized
to be appropriated or otherwise made available by this Act may be made
available to provide United States logistical support to the Saudi-led
coalition's operations against the Houthis in Yemen for coalition
strikes, specifically by providing maintenance or transferring spare
parts to coalition members flying warplanes engaged in anti-Houthi
bombings for coalition strikes.
(b) Prohibition Relating to Military Participation.--None of the
funds authorized to be appropriated or otherwise made available by this
Act may be made available for any civilian or military personnel of the
Department of Defense or contractors of the Department to command,
coordinate, participate in the movement of, or accompany the regular or
irregular military forces of the Saudi and United Arab Emirates-led
coalition forces engaged in hostilities against the Houthis in Yemen or
in situations in which there exists an imminent threat that such
coalition forces become engaged in such hostilities, unless and until
the President has obtained specific statutory authorization, in
accordance with section 8(a) of the War Powers Resolution (50 U.S.C.
1547(a)).
(c) Rule of Construction.--The prohibitions under this section may
not be construed to apply with respect to United States Armed Forces
engaged in operations directed at al-Qaeda or associated forces.
SEC. 1273. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY FORCE.
Nothing in this Act or any amendment made by this Act may be
construed to authorize the use of military force.
SEC. 1274. COUNTERING WHITE IDENTITY TERRORISM GLOBALLY.
(a) Strategy and Coordination.--Not later than 6 months after the
date of the enactment of this Act, the Secretary of State shall--
(1) develop and submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate a Department of State-wide strategy
entitled the ``Department of State Strategy for Countering
White Identity Terrorism Globally'' (in this section referred
to as the ``strategy''); and
(2) designate the Coordinator for Counterterrorism of the
Department to coordinate Department efforts to counter white
identity terrorism globally, including with United States
diplomatic and consular posts, the Director of the National
Counterterrorism Center, the Director of the Central
Intelligence Agency, the Attorney General, the Director of
National Intelligence, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, the Secretary
of the Treasury, and the heads of any other relevant Federal
departments or agencies.
(b) Elements.--The strategy shall at a minimum contain the
following:
(1) An assessment of the global threat from white identity
terrorism abroad, including geographic or country
prioritization based on the assessed threat to the United
States.
(2) A description of the coordination mechanisms between
relevant bureaus and offices within the Department of State, as
well as with United States diplomatic and consular posts, for
developing and implementing efforts to counter white identity
terrorism.
(3) A description of how the Department plans to build on
any existing strategy developed by the Bureau for
Counterterrorism to--
(A) adapt or expand existing Department programs,
projects, activities, or policy instruments based on
existing authorities for the specific purpose of
degrading and delegitimizing the white identity
terrorist movement globally; and
(B) identify the need for any new Department
programs, projects, activities, or policy instruments
for the specific purpose of degrading and
delegitimizing the white identity terrorist movement
globally, including a description of the steps and
resources necessary to establish any such programs,
projects, activities, or policy instruments, noting
whether such steps would require new authorities.
(4) Detailed plans for using public diplomacy, including
the efforts of the Secretary of State and other senior
Executive Branch officials, including the President, to degrade
and delegitimize white identity terrorist ideologues and
ideology globally, including by--
(A) countering white identity terrorist messaging
and supporting efforts to redirect potential supporters
away from white identity terrorist content online;
(B) exposing foreign government support for white
identity terrorist ideologies, objectives, ideologues,
networks, organizations, and internet platforms;
(C) engaging with foreign governments and internet
service providers and other relevant technology
entities, to prevent or limit white identity terrorists
from exploiting internet platforms in furtherance of or
in preparation for acts of terrorism or other targeted
violence, as well as the recruitment, radicalization,
and indoctrination of new adherents to white identity
terrorism; and
(D) identifying the roles and responsibilities for
the Office of the Under Secretary for Public Affairs
and Public Diplomacy and the Global Engagement Center
in developing and implementing such plans.
(5) An outline of steps the Department is taking or will
take in coordination, as appropriate, with the Director of the
National Counterterrorism Center, the Director of the Central
Intelligence Agency, the Attorney General, the Director of
National Intelligence, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, the Secretary
of the Treasury, and the heads of any other relevant Federal
departments or agencies to improve information and intelligence
sharing with other countries on white identity terrorism based
on existing authorities by--
(A) describing plans for adapting or expanding
existing mechanisms for sharing information,
intelligence, or counterterrorism best practices,
including facilitating the sharing of information,
intelligence, or counterterrorism best practices
gathered by Federal, State, and local law enforcement;
and
(B) proposing new mechanisms or forums that might
enable expanded sharing of information, intelligence,
or counterterrorism best practices.
(6) An outline of how the Department plans to use
designation as a Specially Designated Global Terrorist (under
Executive Order No. 13224 (50 U.S.C. 1701 note)) and foreign
terrorist organization (pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189)) to support the
strategy, including--
(A) an assessment and explanation of the utility of
applying or not applying such designations when
individuals or entities satisfy the criteria for such
designations; and
(B) a description of possible remedies if such
criteria are insufficient to enable designation of any
individuals or entities the Secretary of State
considers a potential terrorist threat to the United
States.
(7) A description of the Department's plans, in
consultation with the Department of the Treasury, to work with
foreign governments, financial institutions, and other related
entities to counter the financing of white identity terrorists
within the parameters of current law, or if no such plans
exist, a description of why.
(8) A description of how the Department plans to implement
the strategy in conjunction with ongoing efforts to counter the
Islamic State, al-Qaeda, and other terrorist threats to the
United States.
(9) A description of how the Department will integrate into
the strategy lessons learned in the ongoing efforts to counter
the Islamic State, al-Qaeda, and other terrorist threats to the
United States.
(10) A identification of any additional resources or staff
needed to implement the strategy.
(c) Interagency Coordination.--The Secretary of State shall develop
the strategy in coordination with the Director of the National
Counterterrorism Center and in consultation with the Director of the
Central Intelligence Agency, the Attorney General, the Director of
National Intelligence, the Secretary of Homeland Security, the Director
of the Federal Bureau of Investigation, the Secretary of the Treasury,
and the heads of any other relevant Federal departments or agencies.
(d) Stakeholder Inclusion.--The strategy shall be developed in
consultation with representatives of United States and international
civil society and academic entities with experience researching or
implementing programs to counter white identity terrorism.
(e) Form.--The strategy shall be submitted in unclassified form
that can be made available to the public, but may include a classified
annex if the Secretary of State determines such is appropriate.
(f) Implementation.--Not later than 3 months after the submission
of the strategy, the Secretary of State shall begin implementing the
strategy.
(g) Consultation.--Not later than 90 days after the date of the
enactment of this Act and not less often than annually thereafter, the
Secretary of State shall consult with the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations
of the Senate regarding the development and implementation of the
strategy.
(h) Country Reports on Terrorism.--The Secretary of State shall
incorporate all credible information about white identity terrorism,
including regarding relevant attacks, the identification of
perpetrators and victims of such attacks, the size and identification
of organizations and networks, and the identification of notable
ideologues, in the annual country reports on terrorism submitted
pursuant to section 140 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (22 U.S.C. 2656f).
(i) Report on Sanctions.--
(1) In general.--Not later than 120 days and again 240 days
after the submission of each annual country report on terrorism
submitted pursuant to section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f), as modified in accordance with subsection (h), the
President shall submit to the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign
Relations of the Senate a report that determines whether the
foreign persons, organizations, and networks identified in such
annual country reports on terrorism as so modified, satisfy the
criteria to be designated as--
(A) foreign terrorist organizations under section
219 of the Immigration and Nationality Act (8 U.S.C.
1189); or
(B) Specially Designated Global Terrorist under
Executive Order No. 13224 (50 U.S.C. 1701 note).
(2) Form.--Each determination required under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex, if appropriate.
(j) Requirement for Independent Study To Map the Global White
Identity Terrorism Movement.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall enter
into a contract with a federally funded research and
development center with appropriate expertise and analytical
capability to carry out the study described in paragraph (2).
(2) Study.--The study described in this subsection shall
provide for a comprehensive social network analysis of the
global white identity terrorism movement to--
(A) identify key actors, organizations, and
supporting infrastructure; and
(B) map the relationships and interactions between
such actors, organizations, and supporting
infrastructure.
(3) Report.--
(A) To the secretary.--Not later than 1 year after
the date on which the Secretary of State enters into a
contract pursuant to subsection (a), the federally
funded research and development center referred to in
such subsection that has entered into such contract
with the Secretary shall submit to the Secretary a
report containing the results of the study required
under this section.
(B) To congress.--Not later than 30 days after
receipt of the report under subparagraph (A), the
Secretary of State shall submit to the Committee of
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate such
report, together with any additional views or
recommendations of the Secretary.
SEC. 1275. YEMEN.
(a) Statement of Policy.--It is the policy of the United States--
(1) to protect United States citizens and strategic
interests in the Middle East region;
(2) to support United Nations-led efforts to end violence
in Yemen and secure a comprehensive political settlement to the
conflict in Yemen that results in protection of civilians and
civilian infrastructure and alleviates the humanitarian crisis
including by facilitating unfettered access for all Yemenis to
food, fuel, and medicine;
(3) to encourage all parties to the conflict in Yemen to
participate in good faith in the United Nations-led process and
to uphold interim agreements as part of that process to end the
conflict, leading to reconstruction in Yemen;
(4) to support United States allies and partners in
defending their borders and territories in order to maintain
stability and security in the Middle East region and encourage
burden sharing among such allies and partners;
(5) to assist United States allies and partners in
countering destabilization of the Middle East region;
(6) to oppose Iranian arms transfers in violation of UN
Security Council resolutions, including transfers to the
Houthis;
(7) to encourage the Government of Saudi Arabia and the
Government of the United Arab Emirates to assist significantly
in the economic stabilization and eventual reconstruction of
Yemen; and
(8) to encourage all parties to the conflict to comply with
the law of armed conflict, including to investigate credible
allegations of war crimes and provide redress to civilian
victims.
(b) Report on Conflict in Yemen.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act , the Secretary of State, in
consultation with the Secretary of Defense and the Director of
National Intelligence, shall submit to the appropriate
congressional committees a report on United States policy in
Yemen.
(2) Matters to be included.--The report required under
subsection (b) shall include the following:
(A) A detailed description of diplomatic actions
taken by the United States Government to help ease
human suffering in Yemen, including--
(i) United States direct humanitarian
assistance and United States donations to
multilateral humanitarian assistance efforts,
including to address the COVID-19 pandemic;
(ii) efforts to ensure that humanitarian
assistance is delivered in line with
internationally recognized humanitarian
principles, and the results of such efforts;
(iii) efforts to facilitate humanitarian
and commercial cargo shipments into Yemen and
minimize delays associated with such shipments,
including access to ports for humanitarian and
commercial cargo, and the results of such
efforts;
(iv) efforts to work with parties to the
conflict in Yemen to ensure protection of
civilians and civilian infrastructure, and the
results of such efforts;
(v) efforts to help the Government of Yemen
to create a mechanism to ensure that salaries
and pensions are paid to civil servants as
appropriate, and the results of such efforts;
and
(vi) efforts to work with ROYG and
countries that are members of the Saudi-led
coalition in Yemen to address the currency
crisis in Yemen and the solvency of the Central
Bank of Yemen, and the results of such efforts.
(B) An assessment of plans, commitments, and
pledges for reconstruction of Yemen made by countries
that are members of the Saudi-led coalition in Yemen,
including an assessment of proposed coordination with
the Government of Yemen and international
organizations.
(C) A description of civilian harm occurring in the
context of the conflict in Yemen since Nov 2017,
including--
(i) mass casualty incidents; and
(ii) damage to, and destruction of,
civilian infrastructure and services.
(D) An estimated total number of civilian
casualties in the context of the conflict in Yemen
since September 2014, disaggregated by year.
(E) A detailed description of actions taken by the
United States Government to support the efforts of the
United Nations Special Envoy for Yemen to reach a
lasting political solution in Yemen.
(F) A detailed assessment of whether and to what
extent members of the Saudi-led coalition in Yemen have
used United States-origin defense articles and defense
services in Yemen in contravention of the laws of armed
conflict when engaging in any military operations
against the Houthis in Yemen.
(G) A description of external and cross border
attacks perpetrated by the Houthis.
(H) A detailed assessment of the Government of
Yemen's willingness and capacity to effectively--
(i) provide public services to the people
of Yemen;
(ii) service the external debts of Yemen;
and
(iii) facilitate or ensure access to
humanitarian assistance and key commodities in
Yemen.
(I) A description of support for the Houthis by
Iran and Iran-backed groups, including provision of
weapons and training.
(J) A description of recruitment and use of child
soldiers by parties to the conflict in Yemen.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form (without the classification
``For Official Use Only'') but may contain a classified annex.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives;
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate;
(C) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(D) the Select Committee on Intelligence of the
Senate.
(c) Report on United States Military Support.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report on United States military support to
countries that are members of the Saudi-led coalition in Yemen
since March 2015 that evaluates--
(A) the manner and extent to which the United
States military has provided and continues to provide
support to such countries in Yemen;
(B) the extent to which the Department of Defense
has determined that its advice or assistance has--
(i) minimized violations of the laws of
armed conflict in Yemen, including any credible
allegations of torture, arbitrary detention,
and other gross violations of internationally
recognized human rights by ROYG and countries
that are members of the Saudi-led coalition in
Yemen; and
(ii) reduced civilian casualties and damage
to civilian infrastructure;
(C) the responsiveness and completeness of any
certifications submitted pursuant to section 1290 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2081); and
(D) the responsiveness and completeness of any
reports submitted pursuant to section 1274 of the John
S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 2067).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form (without the classification
``For Official Use Only''), but may contain a classified annex.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
SEC. 1276. ESTABLISHMENT OF THE OFFICE OF SUBNATIONAL DIPLOMACY.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended by adding at the end the following new
subsection:
``(h) Office of Subnational Diplomacy.--
``(1) In general.--There shall be established within the
Department of State an Office of Subnational Diplomacy (in this
subsection referred to as the `Office').
``(2) Head of office.--The head of the Office shall be a
full-time position filled by a senior Department official. The
head of the Office shall report directly to the Under Secretary
for Political Affairs.
``(3) Duties.--
``(A) Principal duty.--The principal duty of the
head of the Office shall be the overall supervision
(including policy oversight of resources) of Federal
support for subnational engagements by State and
municipal governments with foreign governments. The
head of the Office shall be the principal adviser to
the Secretary of State on subnational engagements and
the principal official on such matters within the
senior management of the Department of State.
``(B) Additional duties.--The additional duties of
the head of the Office shall include the following:
``(i) Coordinating overall United States
policy and programs in support of subnational
engagements by State and municipal governments
with foreign governments, including with
respect to the following:
``(I) Coordinating resources across
the Department of State and throughout
the Federal Government in support of
such engagements.
``(II) Identifying policy, program,
and funding disputes among relevant
Federal agencies regarding such
coordination.
``(III) Identifying gaps in Federal
support for such engagements and
developing corresponding policy or
programmatic changes to address such
gaps.
``(ii) Promoting United States foreign
policy goals through support for subnational
engagements and aligning subnational priorities
with national foreign policy goals, as
appropriate.
``(iii) Maintaining a public database of
subnational engagements.
``(iv) Providing advisory support to
subnational engagements, including by assisting
State and municipal governments to--
``(I) develop, implement, and, as
necessary, adjust global engagement and
public diplomacy strategies; and
``(II) implement programs to
cooperate with foreign governments on
policy priorities or managing shared
resources.
``(v) Facilitating linkages and networks
between State and municipal governments and
their foreign counterparts.
``(vi) Overseeing the work of Department of
State detailees assigned to State and municipal
governments pursuant to this subsection.
``(vii) Negotiating agreements and
memoranda of understanding with foreign
governments to support subnational engagements
and priorities.
``(viii) Promoting United States trade and
foreign exports on behalf of United States
businesses through exchanges between the United
States and foreign state, municipal, and
provincial governments, and by establishing a
more enduring relationship overall between
subnational governments.
``(ix) Coordinating subnational engagements
with the associations of subnational elected
leaders, including the U.S. Conference of
Mayors, National Governors Association,
National League of Cities, National Association
of Counties, Council of State Governments,
National Conference of State Legislators, and
State International Development Offices.
``(4) Detailees.--
``(A) In general.--The Secretary of State, acting
through the head of the Office, is authorized to detail
a member of the civil service or Foreign Service to
State and municipal governments on a reimbursable or
nonreimbursable basis. Such details shall be for a
period not to exceed 2 years, and shall be without
interruption or loss of Foreign Service status or
privilege.
``(B) Responsibilities.--Detailees under
subparagraph (A) shall carry out the following:
``(i) Supporting the mission and objectives
of the Office.
``(ii) Coordinating activities relating to
State and municipal government subnational
engagements with the Department of State,
including the Office, Department leadership,
and regional and functional bureaus of the
Department, as appropriate.
``(iii) Engaging the Department of State
and other Federal agencies regarding security,
public health, trade promotion, and other
programs executed at the State or municipal
government level.
``(iv) Advising State and municipal
government officials regarding questions of
global affairs, foreign policy, cooperative
agreements, and public diplomacy.
``(v) Any other duties requested by State
and municipal governments and approved by the
Office.
``(5) Report and briefing.--
``(A) Report.--Not later than 1 year after the date
of the enactment of this subsection, the head of the
Office shall submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on
Foreign Relations of the Senate a report that includes
information relating to the following:
``(i) The staffing plan (including
permanent and temporary staff) for the Office.
``(ii) The funding level provided to the
Office for the Office, together with a
justification relating to such level.
``(iii) The status of filling the position
of head of the Office.
``(iv) The rank and title granted to the
head of the Office, together with a
justification relating to such decision and an
analysis of whether the rank and title of
Ambassador-at-Large is required to fulfill the
duties of the Office.
``(v) A strategic plan for the Office.
``(vi) Any other matters as determined
relevant by the head of the Office.
``(B) Briefings.--Not later than 30 days after the
submission of the report required under subparagraph
(A) and annually thereafter, the head of the Office
shall brief the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign
Relations of the Senate on the work of the Office and
any changes made to the organizational structure or
funding of the Office.
``(6) Rule of construction.--Nothing in this subsection may
be construed as precluding--
``(A) the Office from being elevated to a bureau
within the Department of State; or
``(B) the head of the Office from being elevated to
an Assistant Secretary, if such an Assistant Secretary
position does not increase the number of Assistant
Secretary positions at the Department above the number
authorized under subsection (c)(1).
``(7) Definitions.--In this subsection:
``(A) Municipal.--The term `municipal' means, with
respect to the government of a municipality in the
United States, a municipality with a population of not
fewer than 100,000 people.
``(B) State.--The term `State' means the 50 States,
the District of Columbia, and any territory or
possession of the United States.
``(C) Subnational engagement.--The term
`subnational engagement' means formal meetings or
events between elected officials of State or municipal
governments and their foreign counterparts.''.
SEC. 1277. REPORT AND STRATEGY TO ADDRESS GROSS VIOLATIONS OF HUMAN
RIGHTS AND CIVILIAN HARM IN BURKINA FASO, MALI, AND
NIGER.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 3 years,
the Secretary of Defense and the Secretary of State shall
jointly submit to the appropriate congressional committees a
report on gross violations of human rights and civilian harm in
Burkina Faso, Mali, and Niger, as well as civilian harm that
may occur during United States-supported advise, assist, and
accompany operations in the Sahel region.
(2) Matters to be included.--The report required by this
subsection shall include the following:
(A) An identification of all state security force
units of Burkina Faso, Mali, and Niger that
participated in United States security cooperation
programs or benefitted from security assistance since
fiscal year 2017, whether any of these units were
subsequently credibly implicated in gross violations of
human rights, including extrajudicial killings and
torture, and the approximate locations, to the extent
possible, of where such violations have taken place.
(B) A description of gross violations of human
rights and civilian harm committed by violent extremist
organizations and other armed groups operating in
Burkina Faso, Mali, and Niger, including deaths of
state security forces and destruction of civilian
infrastructure, including schools, medical facilities,
and churches.
(C) An assessment of the relationship between state
security forces and any non-state armed groups active
in Burkina Faso, Mali, and Niger, including an analysis
of the extent to which any armed group that has been
credibly implicated in gross violations of human rights
or civilian casualties received material support from
the governments or militaries of such countries.
(D) An assessment of efforts by the Governments of
Burkina Faso, Mali, and Niger to prevent and decrease
instances of gross violations of human rights or
civilian casualties by state security forces during
counterterrorism operations and ensure accountability
for violations that have occurred since fiscal year
2017 through appropriate justice systems, including
efforts to investigate, prosecute, and sentence such
violations.
(E) An assessment of the impact that any gross
violations of human rights and other civilian
casualties perpetrated by state security forces and
non-state armed groups in Burkina Faso, Mali, and Niger
have had on the effectiveness of regional and
international counterterrorism operations.
(F) An assessment of the effectiveness of any
United States human rights training provided to the
security forces of Burkina Faso, Mali, and Niger to
date.
(G) A description of any confirmed incidents or
reports of civilian harm that may have occurred during
United States military advise, assist, or accompany
operations.
(H) Any other matters that the Secretary of Defense
and the Secretary of State consider to be relevant.
(b) Strategy Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
congressional committees a United States strategy to prevent
civilian harm and address gross violations of human rights by
state security forces of Burkina Faso, Mali, and Niger, and
ensure accountability for such violations.
(2) Matters to be included.--The strategy required by this
subsection shall include the following:
(A) A description of planned public and private
diplomatic engagement to support efforts by the
Governments of Burkina Faso, Mali, and Niger to
investigate and prosecute any credible allegations of
gross violations of human rights by state security
forces and non-state armed groups.
(B) An identification of United States foreign
assistance and security cooperation funds and other
available United States policy tools to support
programs aimed at addressing gross violations of human
rights and civilian harm, and an assessment of how they
can be strengthened to greater effect.
(C) An identification of United States foreign
assistance and security cooperation funds available to
support the state security forces of Burkina Faso,
Mali, and Niger to combat violent extremist
organizations, improve civil-military relations, and
strengthen accountability through their military
justice systems, including support for building the
capacity of provost marshals.
(D) An identification of state security forces of
Burkina Faso, Mali, and Niger that would most benefit
from United States foreign assistance and security
cooperation funds identified in subparagraph (C) and
that are eligible to receive such funds.
(E) A description of plans to coordinate United
States efforts with France, the European Union, the
United Nations Stabilization Mission in Mali (MINUSMA),
the African Union, and the G5 Sahel Joint Force to
decrease gross violations of human rights and minimize
civilian harm during all counterterrorism operations in
the Sahel.
(F) Any other matters that the Secretary of Defense
and the Secretary of State consider to be relevant.
(c) Form.--The report required by subsection (a) and the strategy
required by subsection (b) shall be submitted in unclassified form, but
may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(2) Civilian harm.--In this section, the term ``civilian
harm'' means conflict-related death, physical injury, loss of
property or livelihood, or interruption of access to essential
services.
SEC. 1278. ASSESSMENT OF EFFECTIVENESS OF UNITED STATES POLICIES
RELATING TO EXPORTS OF UNITED STATES-ORIGIN UNMANNED
AERIAL SYSTEMS THAT ARE ASSESSED TO BE ``CATEGORY I''
ITEMS UNDER THE MISSILE TECHNOLOGY CONTROL REGIME.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter through December 31,
2025, the Secretary of State, in consultation with the Secretary of
Defense, shall conduct and submit to the appropriate congressional
committees an assessment of the effectiveness of United States policies
to--
(1) export United States-origin Unmanned Aerial Systems
(UAS) that are assessed to be ``Category I'' items under the
Missile Technology Control Regime (MTCR) (in this section
referred to as ``covered items''); and
(2) support United States allies and partners' security,
counter-terrorism capabilities, persistent intelligence,
surveillance, and reconnaissance (ISR) capabilities, and
persistent maritime domain awareness and strengthen bilateral
relationships through exports of covered items.
(b) Matters To Be Included.--The assessment required by subsection
(a) shall include the following:
(1) A description of steps taken to enhance United States
competitiveness in the global UAS market, including markets in
which covered items have been exported to foreign countries
that previously received UAS that are assessed to be ``Category
I'' items under the MTCR from third countries.
(2) A description of how the Department of State and other
relevant Federal agencies evaluate United States allies and
partners' access to covered items.
(3) A description of progress to prevent state and non-
state actors from gaining covered items' capabilities that
would undermine the safety and security of United States allies
and partners.
(4) An identification of the total number of licenses
requested, approved, returned without action, or denied for the
export of covered items and the typical amount of time needed
to process such requests beginning on the date on which the
license was received by the Department of State.
(5) A summary of results of end use checks conducted during
the assessment period by the Department of State and the
Department of Defense with respect to covered items transferred
under the Arms Export Control Act (22 U.S.C. 2751 et. seq.) and
any pending or concluded investigations into end-use violations
of covered items pursuant to section 3 of the Arms Export
Control Act (22 U.S.C. 2753).
(c) Periods Covered by Assessments.--The first assessment required
by subsection (a) shall cover the 3-year period ending on the date of
the enactment of this Act. Each subsequent assessment required by
subsection (a) shall cover the 1-year period beginning on the day after
the end of the period covered in the preceding assessment.
(d) Form.--The assessment required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1279. SENSE OF CONGRESS ON THE UNITED STATES ISRAEL RELATIONSHIP.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the strongest
friends and allies of the United States;
(2) Israel is a stable, democratic country in a region
often marred by turmoil;
(3) it is essential to the strategic interest of the United
States to continue to offer full security assistance and
related support to Israel; and
(4) such assistance and support is especially vital as
Israel confronts a number of potential challenges at the
present time, including continuing threats from Iran.
SEC. 1280. FEASIBILITY STUDY ON INCREASED ROTATIONAL DEPLOYMENTS TO
GREECE AND ENHANCEMENT OF UNITED STATES-GREECE DIPLOMATIC
ENGAGEMENT.
(a) Feasibility Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on the feasibility of increased rotational deployments of
members of the Armed Forces to Greece, including to Souda Bay,
Alexandroupoli, Larissa, Volos, and Stefanovikeio.
(2) Element.--The study required by paragraph (1) shall
include an evaluation of any infrastructure investment
necessary to support such increased rotational deployments.
(3) Report to congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the results of the study required by paragraph (1).
(b) Diplomatic Engagement.--The Secretary of State is encouraged to
pursue persistent United States diplomatic engagement with respect to
the Greece-Cyprus-Israel and Greece-Cyprus-Egypt trilateral agreements
beyond the occasional participation of United States diplomats in the
regular summits of the countries party to such agreements.
SEC. 1281. REPORT ON INTERNALLY DISPLACED PEOPLES IN UKRAINE, GEORGIA,
MOLDOVA, AND AZERBAIJAN.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Secretary of Defense, shall submit to the appropriate congressional
committees a report on the status of internally displaced persons in
Ukraine, Georgia, the Republic of Moldova, and the Republic of
Azerbaijan.
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The number of citizens of Ukraine, Georgia, Moldova,
and Azerbaijan who have been forcibly displaced in illegally
occupied regions in Ukraine, Georgia, Moldova, and Azerbaijan
by foreign forces since 1991.
(2) The number of citizens of Ukraine, Georgia, Moldova,
and Azerbaijan who have been killed in regions illegally
occupied by foreign forces since 1991.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives;
and
(3) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1282. SENSE OF CONGRESS ON CROSS-BORDER VIOLENCE IN THE GALWAN
VALLEY AND THE GROWING TERRITORIAL CLAIMS OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Findings.--Congress makes the following findings:
(1) Since a truce in 1962 ended skirmishes between India
and the People's Republic of China, the countries have been
divided by a 2,100-mile-long Line of Actual Control.
(2) In the decades since the truce, military standoffs
between India and the People's Republic of China have flared;
however, the standoffs have rarely claimed the lives of
soldiers.
(3) In the months leading up to June, 15, 2020, along the
Line of Actual Control, the People's Republic of China--
(A) reportedly amassed 5,000 soldiers; and
(B) is believed to have crossed into previously
disputed territory considered to be settled as part of
India under the 1962 truce.
(4) On June 6, 2020, the People's Republic of China and
India reached an agreement to deescalate and disengage along
the Line of Actual Control.
(5) On June 15, 2020, at least 20 Indian soldiers and an
unconfirmed number of Chinese soldiers were killed in
skirmishes following a weeks-long standoff in Eastern Ladakh,
which is the de facto border between India and the People's
Republic of China.
(6) Following the deadly violence, Prime Minister Narendra
Modi of India stated, ``[w]henever there have been differences
of opinion, we have always tried to ensure that those
differences never turned into a dispute''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) India and the People's Republic of China should work
toward deescalating the situation along the Line of Actual
Control; and
(2) the expansion and aggression of the People's Republic
of China in and around disputed territories, such as the Line
of Actual Control, the South China Sea, the Senkaku Islands, is
of significant concern.
SEC. 1283. ENHANCING ENGAGEMENT WITH THE CARIBBEAN.
It is the sense of Congress that--
(1) the prosperity and security of the Caribbean region is
a matter of significant importance for the United States, and
promotion of such should be a component of United States
policy;
(2) the United States and the Caribbean region, due to both
geographic proximity and close societal ties, are bound
together by a variety of shared interests, including with
respect to--
(A) enhancing mutual resiliency and preparedness
for natural disasters;
(B) coordinating humanitarian responses to such
disasters;
(C) advancing trade, investment, academic exchange,
and other cooperative efforts between the United States
and the Caribbean region;
(D) enhancing Caribbean states' security and
safeguarding territorial sovereignty, including from
risks related to predatory financing;
(E) strengthening the rule of law, supporting civil
society, and upholding human rights;
(F) addressing other mutual challenges, including
hemispheric efforts to combat the coronavirus pandemic;
and
(G) countering drug trafficking;
(3) in furtherance of these and other shared interests, the
United States should strengthen its engagement with the
Caribbean region; and
(4) the Department of State's and the Department of
Defense's facilitation of such engagement is essential, given
the role of the various agencies of the United States
government in coordinating humanitarian responses and United
States national security.
SEC. 1284. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES.
The Foreign Assistance Act of 1961 is amended as follows:
(1) In section 116 (22 U.S.C. 2151n), by adding at the end
the following:
``(h) Status of Excessive Surveillance and Use of Advanced
Technology.--
``(1) In general.--The report required by subsection (d)
shall include, wherever applicable, a description of the status
of surveillance and use of advanced technology to impose
arbitrary or unlawful interference with privacy, or unlawful or
unnecessary restrictions on freedoms of expression, peaceful
assembly, association, or other internationally recognized
human rights in each country, including--
``(A) whether the government of such country has
adopted and is enforcing laws, regulations, policies,
or practices relating to--
``(i) government surveillance or
censorship, including through facial
recognition, biometric data collection,
internet and social media controls, sensors,
spyware data analytics, non-cooperative
location tracking, recording devices, or other
similar advanced technologies, and any
allegations or reports that this surveillance
or censorship was unreasonable;
``(ii) searches or seizures of individual
or private institution data without independent
judicial authorization or oversight; and
``(iii) surveillance of any group based on
political views, religious beliefs, ethnicity,
or other protected category, in violation of
equal protection rights;
``(B) whether such country has imported or
unlawfully obtained biometric or facial recognition
data from other countries or entities and, if
applicable, from whom; and
``(C) whether the government agency end-user has
targeted individuals, including through the use of
technology, in retaliation for the exercise of their
human rights or on discriminatory grounds prohibited by
international law, including targeting journalists or
members of minority groups.
``(2) Definition.--In this subsection, the term `internet
and social media controls' means the arbitrary or unlawful
imposition of restrictions, by state or service providers, on
internet and digital information and communication, such as
through the blocking or filtering of websites, social media
platforms, and communication applications, the deletion of
content and social media posts, or the penalization of online
speech, in a manner that violates rights to free expression or
assembly.''.
(2) In section 502B(b) (22 U.S.C. 2304(b))--
(A) by redesignating the second subsection (i) (as
added by section 1207(b)(2) of Public Law 113-4) as
subsection (j); and
(B) by adding at the end the following:
``(k) Status of Excessive Surveillance and Use of Advanced
Technology.--The report required under subsection (b) shall include,
wherever applicable, a description of the status of excessive
surveillance and use of advanced technology to restrict human rights,
including the descriptions of such policies or practices required under
section 116(h).''.
SEC. 1285. ESTABLISHMENT OF NATIONAL COMMISSION ON U.S.
COUNTERTERRORISM POLICY.
(a) Establishment.--There is established an independent commission
within the legislative branch to be known as the ``National Commission
on U.S. Counterterrorism Policy'' (in this section referred to as the
``Commission'').
(b) Purpose.--The Commission shall assess United States
counterterrorism efforts, including the study areas specified in
subsection (c), and make recommendations based on its findings.
(c) Study Areas.--In carrying out subsection (b), the Commission
shall study the following:
(1) The evolution of threats to the United States since
September 11, 2001, from international and domestic terrorism,
including--
(A) an assessment of potential connections between
such threats, and the risks such threats pose relative
to other security threats to the United States and
United States national interests; and
(B) the effects of United States counterterrorism
objectives, priorities, capabilities, policies,
programs, and activities on such threats.
(2) The applicability of major lessons learned from United
States counterterrorism objectives, priorities, policies,
programs, and activities since September 11, 2001, for ongoing
and future counterterrorism objectives, priorities, policies,
programs, and activities.
(3) Ongoing United States counterterrorism objectives,
priorities, capabilities, policies, programs, and activities,
including an assessment of the following:
(A) Whether such objectives, priorities,
capabilities, policies, programs, and activities are
appropriately integrated, programmatically and
organizationally, into wider United States foreign and
domestic policy.
(B) Whether counterterrorism resources are
appropriately balanced across the range of
counterterrorism programs and activities conducted by
the United States, and the actions necessary to improve
such balance if necessary.
(C) The potential constraints on counterterrorism
objectives, priorities, capabilities, policies,
programs, and activities resulting from the United
States' need to confront a growing number of
geopolitical and security challenges, and how to
mitigate any terrorism-related risks that might result.
(D) The potential new or emerging challenges or
opportunities of conducting counterterrorism operations
in contested environments where strategic state
competitors such as Russia, China, or Iran operate, and
identification of actions the United States Government
should take to mitigate potential risks and take
advantage of possible opportunities.
(E) The instruments of national power used to
advance counterterrorism objectives and identification
of new or modified instruments, if appropriate.
(F) Any impacts of such counterterrorism
objectives, priorities, capabilities, policies,
programs, and activities on civil rights and civil
liberties in the United States and internationally
recognized human rights and humanitarian principles
abroad.
(4) The legal authorities and policy frameworks for
counterterrorism programs and activities in the United States
and abroad, and whether such authorities or frameworks require
updating.
(5) The state of United States counterterrorism
partnerships, including--
(A) the impact of United States counterterrorism
objectives, priorities, capabilities, policies,
programs, and activities on the counterterrorism
objectives, priorities, capabilities, policies,
programs, and activities of partner countries; and
(B) the willingness, capacity, and capability of
United States counterterrorism partners to combat
shared threats, and the impact of security assistance
and foreign assistance on such willingness, capacity,
and capability.
(6) Ongoing efforts by the executive branch to measure the
effectiveness of United States counterterrorism objectives,
priorities, capabilities, policies, programs, and activities
through net assessments and evaluations of lessons learned,
including an assessment of efforts to address factors that
contribute to terrorist recruitment and radicalization.
(7) Recommendations on how best to adapt United States
counterterrorism objectives, priorities, capabilities,
policies, programs, and activities on the basis of the areas of
study specified in this subsection and any other findings the
Commission determines relevant.
(d) Composition.--
(1) Members.--The Commission shall be composed of 14
commissioners, to be appointed as follows:
(A) One commissioner appointed by the Chairman,
with the concurrence of the ranking member, of each of
the appropriate congressional committees.
(B) A Chairperson, appointed by the Speaker of the
House of Representatives, with the concurrence of the
Minority Leader of the House of Representatives.
(C) A Vice-Chairperson, appointed by the Majority
Leader of the Senate, with the concurrence of the
Minority Leader of the Senate.
(2) Qualifications.--Individuals appointed to the
Commission shall be United States persons with relevant
counterterrorism expertise and experience in diplomacy, law
enforcement, the Armed Forces, law, public administration,
Congress, intelligence, academia, human rights, civil rights,
or civil liberties. The leadership of the House of
Representatives and the Senate shall coordinate with the
appropriate congressional committees to ensure that Commission
membership represents a variety of expertise in such fields. At
least one of the commissioners shall possess a civil rights or
civil liberties background in addition to relevant
counterterrorism expertise, and one commissioner shall possess
an international human rights background in addition to
relevant counterterrorism expertise.
(3) Prohibitions.--An individual appointed to the
Commission may not be--
(A) a Member of Congress, including a Delegate or
Resident Commissioner;
(B) an employee or official of any other branch of
the Federal Government;
(C) an employee or official of any State,
territory, county, or municipality in the United
States; or
(D) a registered lobbyist.
(4) Conflicts of interest.--An individual appointed to the
Commission shall disclose any financial gains from private
sector employment conducted in support of United States
counterterrorism objectives, priorities, capabilities,
policies, programs, or activities at any time since the
September 11, 2001, attacks.
(5) Deadline for appointment of commissioners.--Individuals
appointed to the Commission shall be appointed not later than--
(A) 30 days after the date of the enactment of this
Act; or
(B) December 31, 2020,
whichever occurs first.
(6) Period of appointment.--Each commissioner and the
Chairperson and Vice-Chairperson shall be appointed for the
life of the Commission.
(7) Vacancies.--Any vacancy in the Commission shall not
affect its powers and duties and shall be filled in the same
manner as the original appointment within 30 days of such
vacancy occurring.
(8) Compensation.--Commissioners and the Chairperson and
Vice-Chairperson shall serve without pay.
(9) Travel expenses.--Commissioners and the Chairperson and
Vice-Chairperson shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code, while away from their
homes or regular places of business in performance of services
for the Commission.
(e) Meetings.--
(1) Initial meeting.--The initial meeting of the Commission
shall be held not later than 30 days after the satisfaction of
all of the following:
(A) The appointment of two-thirds of the members of
the Commission, including at least one of the
Chairperson or Vice-Chairperson.
(B) The transfer of funding under subsection (k).
(2) Responsibility.--The Commission shall, at its initial
meeting, develop and implement a schedule for completion of the
review and assessment under subsection (b) and report under
subsection (m)(2).
(3) Subsequent meetings.--The Commission shall meet at the
call the Chairperson or a majority of commissioners.
(4) Quorum.--Eight commissioners shall constitute a quorum,
and commissioners may vote by proxy.
(f) Consultation.--In conducting the review and assessment and
study required under this section, the Commission shall consult with
relevant experts in the Federal Government (including relevant Members
of Congress and congressional staff), academia, law, civil society, and
the private sector.
(g) Powers of the Commission.--
(1) Hearings and evidence.--For the purposes of carrying
out this section, the Commission may--
(A) hold classified or unclassified hearings, take
testimony, receive evidence, and administer oaths; and
(B) subject to paragraph (3), require, by subpoena
authorized by majority vote of the Commission and
issued under the signature of the Chairperson or any
member designated by a majority of the Commission, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission may
determine advisable.
(2) Notification of committees.--If the Commission is
unable to obtain testimony or documents needed to conduct its
work, the Commission shall notify the appropriate congressional
committees.
(3) Subpoena enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under paragraph
(1)(B), the United States district court for the
judicial district in which the subpoenaed person
resides, is served, or may be found, or where the
subpoena is returnable, may issue an order requiring
such person to appear at any designated place to
testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(B) Additional enforcement.--In the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this
section, the Commission may, by majority vote, certify
a statement of fact constituting such failure to the
appropriate United States attorney, who may bring the
matter before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received a certification
under sections 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192 through 194).
(4) Limitations on subpoena authority.--With respect to the
subpoena authority under paragraph (1)(B), the Commission--
(A) may only issue a subpoena to a member of
Federal, State, local, Tribal, or territorial
government;
(B) may reference unclassified documents and
information obtained through a subpoena when conducting
interviews to further the Commission's objectives, and
may include such documents and information in the final
report, but may not otherwise share, disclose, publish,
or transmit in any way any information obtained through
a subpoena to another Federal department or agency, any
agency of a State, local, Tribal, or territorial
government, or any international body; and
(C) shall comply with requirements for the issuance
of a subpoena issued by a United States district court
under the Federal Rules of Civil Procedure.
(5) Meetings.--The Commission shall--
(A) hold public hearings and meetings;
(B) hold classified hearings or meetings if
necessary to discuss classified material or
information; and
(C) provide an opportunity for public comment,
including sharing of research and policy analysis,
through publication in the Federal Register of a
solicitation for public comments during a period to
last not fewer than 45 days.
(h) Resources.--
(1) Authority to use the united states mails.--The
Commission may use the United States mails in the same manner
and under the same conditions as other Federal agencies.
(2) Documents, statistical data and other such
information.--Upon written request by the Chairperson, Vice-
Chairperson, or any commissioner designated by a majority of
the Commission, an executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Federal Government--
(A) shall provide reasonable access to documents,
statistical data, and other such information the
Commission determines necessary to carry out its
duties; and
(B) shall, to the extent authorized by law, furnish
any information, suggestions, estimates, and statistics
the Commission determines necessary to carry out its
duties.
(3) Gifts.--No member or staff of the Commission may
receive a gift or benefit by reason of the service of such
member or staff to the Commission.
(4) Authority to contract.--
(A) In general.--The Commission is authorized to
enter into contracts, leases, or other legal agreements
with Federal and State agencies, Indian tribes, Tribal
entities, private entities, and individuals for the
conduct of activities necessary to the discharge of its
duties.
(B) Termination.--A contract, lease, or other legal
agreement entered into by the Commission under this
paragraph may not extend beyond the date of termination
of the Commission.
(5) Inapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the activities
of the Commission under this section.
(6) Office space and administrative support.--The Architect
of the Capitol shall make office space available for day-to-day
activities of the Commission and for scheduled meetings of the
Commission. Upon request, the Architect of the Capitol shall
provide, on a reimbursable basis, such administrative support
as the Commission requests to carry out its duties.
(7) Assistance from federal agencies.--
(A) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis administrative
support and other services as the Commission requests
to carry out its duties.
(B) Federal departments and agencies.--Federal
departments and agencies may provide to the Commission
such services, funds, facilities, staff, and other
support services as such departments and agencies
consider advisable and as may be authorized by law.
(i) Staff.--
(1) Director.--The Chairperson, in consultation with the
Vice-Chairperson, and in accordance with rules agreed upon by
the Commission, may appoint a staff director.
(2) Staff.--With the approval of the Commission, the staff
director may appoint such employees as the staff director
determines necessary to enable the Commission to carry out its
duties.
(3) Staff qualifications.--The staff director shall ensure
employees of the Commission have relevant counterterrorism
expertise and experience, including in areas such as diplomacy,
law enforcement, the Armed Forces, law, public administration,
Congress, intelligence, academia, human rights, civil rights,
or civil liberties.
(3) Appointments and compensation.--The Commission may
appoint and fix the compensation of the staff director and
other employees without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that the
rate of pay for the staff director may not may exceed the
equivalent of that payable to a person occupying a position at
level IV of the Executive Schedule and the rate of pay for any
other employee of the Commission may not exceed the equivalent
of that payable to a person occupying a position at level V of
the Executive Schedule.
(4) Experts and consultants.--With the approval of the
Chairperson, the staff director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Detail of government employees.--Upon the request of
the Commission, the head of any Federal agency may detail,
without reimbursement, any of the personnel of such agency to
the Commission to assist in carrying out its duties. Any such
detail shall not interrupt or otherwise affect the civil
service status or privileges of such personnel.
(6) Volunteer services.--Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission
determines necessary.
(j) Security Clearances for Commission Members and Staff.--The
appropriate Federal agencies or departments shall cooperate with the
Commission in expeditiously providing to the commissioners, including
the Chairperson and Vice-Chairperson, and the staff director and other
employees, appropriate security clearances to the extent possible
pursuant to existing procedures and requirements.
(k) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated for fiscal year 2021 by this Act, $4,000,000 shall
be made available for transfer to the Commission for purposes
of the activities of the Commission under this section.
(2) Duration of availability.--Amounts made available to
the Commission under paragraph (1) shall remain available until
the until the termination of the Commission.
(l) Termination.--The Commission shall terminate on the date that
is 180 days after the date on which the Commission submits the report
under subsection (m)(2).
(m) Briefings and Report.--
(1) Briefings.--The Chairperson, Vice-Chairperson, and
staff director of the Commission shall provide quarterly
briefings to the appropriate congressional committees, of which
not fewer than two briefings shall be for Members of Congress.
(2) Report.--
(A) In general.--Not later than 540 days after the
initial meeting of the Commission under subsection (e),
the Commission shall submit to the appropriate
congressional committees an unclassified report that
includes the following:
(i) The findings, conclusions, and
recommendations of the Commission pursuant to
the review and assessment under subsection (b).
(ii) Summaries of the input and
recommendations of each individual with whom
the Commission consulted in accordance with
subsection (f), attributed in accordance with
the preference expressed by such individual.
(B) Classified annex.--The report required under
this subsection may include a classified annex.
(C) Addendum.--Pursuant to subsection (h)(3), the
Commission shall publish as an addendum to the report
under subsection (m)(2) a list of all gifts received
and the individual or entity from which such gift was
received.
(3) Public release.--Not later than 7 days after the date
on which the Commission submits the report under this
subsection, the Commission shall make publicly available such
report, with the exception of any classified annex under
paragraph (2)(B).
(n) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Homeland Security, the Committee on Foreign Affairs,
the Permanent Select Committee on Intelligence, the
Committee on the Judiciary, and the Committee on
Financial Services of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Foreign Relations, the Select Committee on
Intelligence, the Committee on the Judiciary, and the
Committee on Finance of the Senate.
(2) Domestic terrorism.--The term ``domestic terrorism''
has the meaning given such term in section 2331 of title 18,
United States Code.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5304).
(4) International terrorism.--The term ``international
terrorism'' has the meaning given such term in section 2331 of
title 18, United States Code.
(5) Registered lobbyist.--The term ``registered lobbyist''
means a lobbyist described in section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603).
(6) United states person.--The term ``United States
person'' has the meaning given that term in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 1286. PROGRAM TO PREVENT, MITIGATE, AND RESPOND TO CIVILIAN HARM
AS A RESULT OF MILITARY OPERATIONS IN SOMALIA.
(a) Program Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall develop and
implement a program--
(A) to prevent, mitigate, and respond to civilian
harm resulting from military operations to counter al-
Shabaab or the Islamic State in Somalia (ISIS-Somalia);
and
(B) to enhance the ability for Somali civilians to
report instances of civilian harm resulting from--
(i) any operations conducted by United
States Armed Forces; and
(ii) any operations in which United States
Armed Forces provided operational support to
the Somali Army or the African Union Mission in
Somalia (AMISOM).
(2) Coordination.--The program required by this subsection
shall be carried out in accordance with--
(A) section 1213 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92);
(B) section 936 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (10
U.S.C. 134 note); and
(C) section 1057 of the National Defense
Authorization Act for Fiscal Year 2018.
(b) Scope of Program.--The program required by subsection (a) shall
include the following:
(1) Measures in accordance with section 1057 of the
National Defense Authorization Act for Fiscal Year 2018 to
improve the ability of the Somali National Army, AMISOM, the
United States military, and United States contractors to
prevent, mitigate, and respond to instances of civilian harm as
a result of military operations to counter al-Shabaab or ISIS-
Somalia.
(2) Measures in accordance with section 1057 of the
National Defense Authorization Act for Fiscal Year 2018 and
section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note) to
improve coordination among international actors involved in
military operations in Somalia, to include AMISOM, with regard
to preventing and mitigating civilian casualties, and
collecting data and reporting on such incidents when they
occur.
(3) Specific measures relating to compliance by Somalia
with section 936(b)(3) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note), to
include measures to ensure that Somali civilians, including
those without reliable access to the internet, and credible
local or international nongovernmental organizations, can
report civilian harm, including death, injury, or damage to
civilian infrastructure, resulting from United States
operations and partner operations.
(4) Measures to ensure that ex gratia payments and other
assistance are made available as appropriate in accordance with
section 1213 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
(c) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report on the measures
that have been taken to implement the program required by
subsection (a).
(2) Form.--The report required by this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(2) Operational support.--The term ``operational support''
means training, advising, commanding, coordinating,
participating in the movement of, or accompanying Somali Army
or AMISOM forces, providing such forces with medevac or other
medical aid, aerial refueling, intelligence, surveillance, or
reconnaissance, or close air support for operations.
SEC. 1287. SENSE OF CONGRESS REGARDING JAPAN AND SMA REPORT DRAFT.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) the United States greatly values its alliance with the
Government of Japan, based on shared values of democracy, the
rule of law, a rules-based international order, and respect for
human rights;
(2) the United States-Japan alliance has been the
cornerstone of peace, stability, and security in the Indo-
Pacific for more than seven decades;
(3) the United States and Japan are indispensable partners
in addressing global challenges, including combating the
proliferation of weapons of mass destruction, preventing
piracy, assisting the victims of conflict and disaster
worldwide, safeguarding maritime security, and ensuring freedom
of navigation, commerce, and overflight in the Indo-Pacific
region;
(4) the Democratic People's Republic of Korea's (DPRK)
nuclear, chemical, and biological weapons programs and
ballistic missile programs pose a critical threat to the
stability of the Indo-Pacific region and to the security of
Japan;
(5) the People's Republic of China's use of military forces
to challenge territory under Japan's administrative control
violate international norms and thereby threaten regional
stability.
(6) the United States reaffirms its commitment to Article V
of the Treaty of Mutual Cooperation and Security between the
United States of America and Japan, which applies to the
Japanese-administered Senkaku Islands;
(7) United States forces forward-deployed in Japan,
consisting of 54,000 United States forces, United States
Seventh Fleet, the only forward-deployed United States aircraft
carrier, and the United States Marine Corps' III Marine
Expeditionary Force, are essential to sustaining United States
national security and regional peace and stability;
(8) the United States and Japan should continue to deepen
defense cooperation to enhance collective defense and regional
security;
(9) Japan makes significant contributions to regional and
global security, including contributions to regional Ballistic
Missile Defense, conducting bilateral presence operations and
mutual asset protection missions with United States forces,
serving as a capacity building contributor to United Nations
peacekeeping operations, and providing critical support to
United Nations Security Council Resolution enforcement
operations against the DPRK's illicit weapons programs;
(10) the United States recognizes the substantial financial
commitments of Japan to the maintenance of United States forces
in Japan, including contributions of approximately
$2,000,000,000 annually under the Special Measures Agreement,
$187,000,000 annually under the Japan Facilities Improvement
Program, $12,100,000,000 for the Futenma Replacement Facility,
and $4,800,000,000 for Marine Corps Air Station Iwakuni, that
directly support operational readiness of United States forces
in Japan and make Japan among the most significant burden-
sharing partners of the United States; and
(11) it is in the national security interest of the United
States that the United States and Japan conclude a new Special
Measures Agreement, negotiated based on the principles of
mutual respect, equity, and our shared national security
interests, prior to the expiration of the current agreement.
(b) Report.--
(1) In general.--Not later than January 1, 2021, the
Secretary of Defense, in consultation with the Secretary of
State, shall provide a report on the costs most directly
associated with the stationing of United States forces in Japan
to the congressional defense committees, the House Committee on
Foreign Affairs, and the Senate Committee on Foreign Relations.
At a minimum, the report shall include--
(A) a description of each category of costs,
including labor, utilities, training relocation, and
any other categories the Secretary determines to be
appropriate, that are most directly associated with the
stationing of United States forces in Japan;
(B) a detailed description of which costs most
directly associated with the stationing of United
States forces in Japan are incurred in Japan and which
such costs are incurred outside of Japan;
(C) a detailed summary of contributions made by the
Government of Japan that allay the costs to United
States of stationing United States forces in Japan;
(D) the benefits to United States national security
and regional security derived from the forward presence
of United States Armed Forces in Japan;
(E) the impact to the national security of the
United States, the security of Japan, and peace and
stability in the Indo-Pacific region if a new Special
Measures Agreement is not reached before March 31,
2021; and
(F) any other matters the Secretary deems
appropriate to include.
(2) Form.--The report shall be unclassified without any
designation relating to dissemination control, but may include
a classified annex.
SEC. 1288. SENSE OF CONGRESS RELATING TO GRAND ETHIOPIAN RENAISSANCE
DAM.
It is the sense of Congress that it is in the best interests of the
stability of the region for Egypt, Ethiopia, and Sudan to immediately
reach a just and equitable agreement regarding the filling and
operation of the Grand Ethiopian Renaissance Dam.
SEC. 1289. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON FOREIGN
GOVERNMENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President, in consultation with the
Secretary of State, the Secretary of the Treasury, the Secretary of
Commerce, the Administrator of the United States Agency for
International Development, the United States Ambassador to the United
Nations, and relevant nongovernmental organizations, shall submit to
the appropriate congressional committees a report on all comprehensive
sanctions imposed on governments of foreign countries under any
provision of law.
(b) Matters To Be Included.--The report required by subsection (a)
shall include--
(1) an assessment of the effect of sanctions imposed on the
government of each foreign country described in subsection (a)
on--
(A) the ability of civilian population of the
country to access water, sanitation, and public health
services;
(B) the changes to the general mortality rate,
maternal mortality rate, life expectancy, and literacy;
(C) the environmental impacts experienced by the
country that may be associated with the sanctions, to
include fossil fuel usage;
(D) the delivery of economic aid and development
projects in the country;
(E) the extent to which there is an increase in
refugees or migration to or from the country or an
increase in internally displaced people in the country;
(F) the economic, political, and military impacts
on the country;
(G) the reactions of the country to the imposed
sanctions, including policy changes and internal
sentiment;
(H) the degree of international compliance and non-
compliance of the country; and
(I) the licensing of transactions to allow access
to essential goods and services to vulnerable
populations, including women, children, elderly
individuals, and individuals with disabilities; and
(2) a description of the purpose of sanctions imposed on
the government of each foreign country described in subsection
(a) and the required legal or political authority, including--
(A) an assessment of United States national
security;
(B) an assessment of whether the stated foreign
policy goals of the sanctions are being met;
(C) the degree of international support or
opposition that can be anticipated;
(D) an assessment of such sanctions on United
States businesses and consumers;
(E) criteria for lifting the sanctions; and
(F) prospects for commitment to enforcing the
sanctions.
(c) Updates of Report.--The President shall submit to Congress an
updated report under subsection (a)--
(1) not later than 1 year after the date of the enactment
of this Act, and annually thereafter for 10 years; and
(2) with respect to a new comprehensive sanction imposed on
a government of a foreign country under any provision of law,
not later than 180 days after the date on which the sanctions
are imposed on the government.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex. The
unclassified portion of the report shall be published on a publicly-
available website of the Government of the United States.
(e) Review by Congress.--Upon receipt of the report required by
subsection (a), Congress shall examine the report with a focus on the
humanitarian impacts of comprehensive sanctions described in the
report, including with respect to human rights, medical services, food
and malnutrition and access to water, sanitation, and hygiene services.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on Ways and
Means of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Finance of the Senate.
(2) Comprehensive sanction.--The term ``comprehensive
sanctions'' means any prohibition on significant commercial and
financial activity with a foreign government that is imposed by
the United States for reasons of foreign policy or national
security.
SEC. 1290. LIMITATION ON ASSISTANCE TO BRAZIL.
No Federal funds may be obligated or expended to provide any United
States security assistance or security cooperation to the defense,
security, or police forces of the Government of Brazil to involuntarily
relocate, including through coercion or the use of force, the
indigenous or Quilombola communities in Brazil.
SEC. 1291. UNITED STATES AGENCY FOR GLOBAL MEDIA.
(a) Short Title.--This section may be cited as the ``U.S. Agency
for Global Media Reform Act''.
(b) Sense of Congress.--It is the sense of Congress that the Office
of Cuba Broadcasting should--
(1) remain an independent entity of the United States
Agency for Global Media; and
(2) continue taking steps to ensure that the Office is
fulfilling its core mission of promoting freedom and democracy
by providing the people of Cuba with objective news and
information programming.
(c) Authorities of the Chief Executive Officer; Limitation on
Corporate Leadership of Grantees.--Section 305 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6204) is amended--
(1) in subsection (a)--
(A) in paragraph (20), by inserting ``in accordance
with subsection (c)'' before the period at the end;
(B) in paragraph (21)--
(i) by striking ``including with Federal
officials,''; and
(ii) by inserting ``in accordance with
subsection (c)'' before the period at the end;
(C) by adding at the end the following new
paragraph:
``(23) To--
``(A) require semi-annual content reviews of each
language service of each surrogate network, consisting
of a review of at least 10 percent of available weekly
content, by fluent language speakers and experts
without direct affiliation to the language service
being reviewed, who are seeking any evidence of
inappropriate or unprofessional content, which shall be
submitted to the Office of Policy Research, the head
and Board of the respective surrogate service, and the
Chief Executive Officer; and
``(B) submit to the appropriate congressional
committees a list of anomalous reports, including
status updates on anomalous services during the 3-year
period commencing on the date of receipt of the first
report of biased, unprofessional, or otherwise
problematic content.'';
(2) by adding at the end the following new subsection:
``(c) Limitation on Corporate Leadership of Grantees.--
``(1) In general.--The Chief Executive Officer may not
award any grant under subsection (a) to RFE/RL, Inc., Radio
Free Asia, the Middle East Broadcasting Networks, the Open
Technology Fund, or any other grantee authorized under this
title (collectively referred to as `Agency Grantee Networks')
unless the incorporation documents of any such grantee require
that the corporate leadership and Board of Directors of such
grantee be selected in accordance with this Act.
``(2) Conflicts of interest.--
``(A) Chief executive officer.--The Chief Executive
Officer may not serve on any of the corporate boards of
any grantee under subsection (a).
``(B) Federal employees.--A full-time employee of a
Federal agency may not serve on a corporate board of
any grantee under subsection (a).
``(3) Qualifications of grantee board members.--Individuals
appointed under subsection (a) to the Board of Directors of any
of the Agency Grantee Networks shall have requisite expertise
in journalism, technology, broadcasting, or diplomacy, or
appropriate language or cultural understanding relevant to the
grantee's mission.''.
(d) International Broadcasting Advisory Board.--Section 306 of the
United States International Broadcasting Act of 1994 (22 U.S.C. 6205)
is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) In General.--The International Broadcasting Advisory Board
(referred to in this section as the `Advisory Board') shall advise the
Chief Executive Officer of the United States Agency for Global Media,
as appropriate. The Advisory Board as established shall exist within
the executive branch as an entity described in section 104 of title 5,
United States Code.
``(b) Composition of the Advisory Board.--
``(1) In general.--The Advisory Board shall consist of
seven members, of whom--
``(A) six shall be appointed by the President, by
and with the advice and consent of the Senate, in
accordance with subsection (c); and
``(B) one shall be the Secretary of State.
``(2) Chair.--The President shall designate, with the
advice and consent of the Senate, one of the members appointed
under paragraph (1)(A) as Chair of the Advisory Board.
``(3) Party limitation.--Not more than three members of the
Advisory Board appointed under paragraph (1)(A) may be
affiliated with the same political party.
``(4) Terms of office.--
``(A) In general.--Except as provided in
subparagraph (B), members of the Advisory Board shall
serve for a single term of 4 years, except that, of the
first group of members appointed under paragraph
(1)(A)--
``(i) two members who are not affiliated
with the same political party, shall be
appointed for terms ending on the date that is
2 years after the date of the enactment of the
U.S. Agency for Global Media Reform Act;
``(ii) two members who are not affiliated
with the same political party, shall be
appointed for terms ending on the date that is
4 years after the date of the enactment of the
U.S. Agency for Global Media Reform Act; and
``(iii) two members who are not affiliated
with the same political party, shall be
appointed for terms ending on the date that is
6 years after the date of the enactment of the
U.S. Agency for Global Media Reform Act.
``(B) Secretary of state.--The Secretary of State
shall serve as a member of the Advisory Board for the
duration of his or her tenure as Secretary of State.
``(5) Vacancies.--
``(A) In general.--The President shall appoint,
with the advice and consent of the Senate, additional
members to fill vacancies on the Advisory Board
occurring before the expiration of a term.
``(B) Term.--Any members appointed pursuant to
subparagraph (A) shall serve for the remainder of such
term.
``(C) Service beyond term.--Any member whose term
has expired shall continue to serve as a member of the
Advisory Board until a qualified successor has been
appointed and confirmed by the Senate.
``(D) Secretary of state.--When there is a vacancy
in the office of Secretary of State, the Acting
Secretary of State shall serve as a member of the
Advisory Board until a new Secretary of State is
appointed.'';
(2) by redesignating subsection (d) as subsection (c);
(3) by amending subsection (c), as redesignated--
(A) in the subsection heading, by inserting
``Advisory'' before ``Board''; and
(B) in paragraph (2), by inserting ``who are''
before ``distinguished''; and
(4) by striking subsections (e) and (f) and inserting the
following new subsections:
``(d) Functions of the Advisory Board.--The members of the Advisory
Board shall--
``(1) provide the Chief Executive Officer of the United
States Agency for Global Media with advice and recommendations
for improving the effectiveness and efficiency of the Agency
and its programming;
``(2) meet with the Chief Executive Officer at least four
times annually, including twice in person as practicable, and
at additional meetings at the request of the Chief Executive
Officer or the Chair of the Advisory Board;
``(3) report periodically, or upon request, to the
congressional committees specified in subsection (c)(2)
regarding its advice and recommendations for improving the
effectiveness and efficiency of the United States Agency for
Global Media and its programming;
``(4) obtain information from the Chief Executive Officer,
as needed, for the purposes of fulfilling the functions
described in this subsection;
``(5) consult with the Chief Executive Officer regarding
budget submissions and strategic plans before they are
submitted to the Office of Management and Budget or to
Congress;
``(6) advise the Chief Executive Officer to ensure that--
``(A) the Chief Executive Officer fully respects
the professional integrity and editorial independence
of United States Agency for Global Media broadcasters,
networks, and grantees; and
``(B) agency networks, broadcasters, and grantees
adhere to the highest professional standards and ethics
of journalism, including taking necessary actions to
uphold professional standards to produce consistently
reliable and authoritative, accurate, objective, and
comprehensive news and information; and
``(7) provide other strategic input to the Chief Executive
Officer.
``(e) Appointment of Heads of Networks.--
``(1) In general.--The heads of Voice of America, the
Office of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, the
Middle East Broadcasting Networks, the Open Technology Fund, or
of any other grantee authorized under this title may only be
appointed or removed if such action has been approved by a
majority vote of the Advisory Board.
``(2) Removal.--After consulting with the Chief Executive
Officer, five or more members of the Advisory Board may
unilaterally remove any such head of network or grantee network
described in paragraph (1).
``(3) Quorum.--
``(A) In general.--A quorum shall consist of four
members of the Advisory Board (excluding the Secretary
of State).
``(B) Decisions.--Except as provided in paragraph
(2), decisions of the Advisory Board shall be made by
majority vote, a quorum being present.
``(C) Closed sessions.--The Advisory Board may meet
in closed sessions in accordance with section 552b of
title 5, United States Code.
``(f) Compensation.--
``(1) In general.--Members of the Advisory Board, while
attending meetings of the Advisory Board or while engaged in
duties relating to such meetings or in other activities of the
Advisory Board under this section (including travel time) shall
be entitled to receive compensation equal to the daily
equivalent of the compensation prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.
``(2) Travel expenses.--While away from their homes or
regular places of business, members of the Board may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized under section 5703 of such title for persons in the
Government service employed intermittently.
``(3) Secretary of state.--The Secretary of State is not
entitled to any compensation under this title, but may be
allowed travel expenses in accordance with paragraph (2).
``(g) Support Staff.--The Chief Executive Officer shall, from
within existing United States Agency for Global Media personnel,
provide the Advisory Board with an Executive Secretary and such
administrative staff and support as may be necessary to enable the
Advisory Board to carry out subsections (d) and (e).''.
(e) Conforming Amendments.--The United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended--
(1) in section 304--
(A) in the section heading, by striking
``broadcasting board of governors'' and inserting
``united states agency for global media'';
(B) in subsection (a), by striking ``Broadcasting
Board of Governors'' and inserting ``United States
Agency for Global Media'';
(C) in subsection (b)(1), by striking
``Broadcasting Board of Governors'' and inserting
``United States Agency for Global Media''; and
(D) in subsection (c), by striking ``Board'' each
place such term appears and inserting ``Agency'';
(2) in section 305--
(A) in subsection (a)--
(i) in paragraph (6), by striking ``Board''
and inserting ``Agency'';
(ii) in paragraph (13), by striking
``Board'' and inserting ``Agency'';
(iii) in paragraph (20), by striking
``Board'' and inserting ``Agency''; and
(iv) in paragraph (22), by striking
``Board'' and inserting ``Agency'';
(B) in subsection (b), by striking ``Board'' each
place such term appears and inserting ``Agency'';
(3) in section 308--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``Board'' and inserting
``Agency'';
(B) in subsection (b), by striking ``Board'' each
place such term appears and inserting ``Agency'';
(C) in subsection (d), by striking ``Board'' and
inserting ``Agency'';
(D) in subsection (g), by striking ``Board'' each
place such term appears and inserting ``Agency'';
(E) in subsection (h)(5), by striking ``Board'' and
inserting ``Agency''; and
(F) in subsection (i), in the first sentence, by
striking ``Board'' and inserting ``Agency'';
(4) in section 309--
(A) in subsection (c)(1), by striking ``Board''
each place such term appears and inserting ``Agency'';
(B) in subsection (e), in the matter preceding
paragraph (1), by striking ``Board'' and inserting
``Agency'';
(C) in subsection (f), by striking ``Board'' each
place such term appears and inserting ``Agency''; and
(D) in subsection (g), by striking ``Board'' and
inserting ``Agency'';
(5) in section 310(d), by striking ``Board'' and inserting
``Agency'';
(6) in section 310A(a), by striking ``Broadcasting Board of
Governors'' and inserting ``United States Agency for Global
Media'';
(7) in section 310B, by striking ``Board'' and inserting
``Agency'';
(8) by striking section 312;
(9) in section 313(a), in the matter preceding paragraph
(1), by striking ``Board'' and inserting ``Agency'';
(10) in section 314--
(A) by striking ``(4) the terms `Board and Chief
Executive Officer of the Board' means the Broadcasting
Board of Governors'' and inserting the following:
``(2) the terms `Agency' and `Chief Executive Officer of
the Agency' mean the United States Agency for Global Media and
the Chief Executive Officer of the United States Agency for
Global Media, respectively,''; and
(B) in paragraph (3)--
(i) by striking ``includes--'' and
inserting ``means the corporation having the
corporate title described in section 308''; and
(ii) by striking subparagraphs (A) and (B);
and
(11) in section 316--
(A) in subsection (a)(1), by striking
``Broadcasting Board of Governors'' and inserting
``United States Agency for Global Media''; and
(B) in subsection (c), by striking ``Broadcasting
Board of Governors'' and inserting ``United States
Agency for Global Media''.
(f) Rulemaking.--Notwithstanding any other provision of law, the
United States Agency for Global Media may not revise part 531 of title
22, Code of Federal Regulations, which took effect on June 11, 2020,
without explicit authorization by an Act of Congress.
(g) Savings Provisions.--Section 310 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6209) is amended by
adding at the end the following new subsections:
``(f) Maintenance of Proprietary Information.--No consolidation of
grantees authorized under subsection (a) involving any grantee shall
result in any legal transfer of ownership of any proprietary
information or intellectual property to the United State Agency for
Global Media or any other Federal entity.
``(g) Rule of Construction.--No consolidation of grantees
authorized under subsection (a) shall result in the consolidation of
the Open Technology Fund or any successor entity with any other
grantee.''.
(h) Rule of Construction.--Nothing in the United States
International Broadcasting Act of 1994 or any other provision of law
may be construed to make the Open Technology Fund an entity authorized
under such Act until the effective date of legislation authorizing the
establishment of the Open Technology Fund.
SEC. 1292. DETERMINATION AND IMPOSITION OF SANCTIONS WITH RESPECT TO
TURKEY'S ACQUISITION OF THE S-400 AIR AND MISSILE DEFENSE
SYSTEM.
(a) Findings and Sense of Congress.--
(1) Findings.--Congress makes the following findings:
(A) The Government of Turkey acquired the S-400 air
and missile defense system from the Russian Federation
beginning on July 12, 2019.
(B) Such acquisition was facilitated by Turkey's
Presidency of Defense Industries (SSB).
(2) Sense of congress.--It is the sense of Congress that it
is in the national security interest of the United States--
(A) to deter aggression against North Atlantic
Treaty Organization (NATO) allies by the Russian
Federation or any other adversary;
(B) to continue to work with NATO allies to ensure
they meet their alliance defense commitments, including
through adequate and efficient investments in national
defense;
(C) to work to maintain and strengthen the
democratic institutions and practices of all NATO
allies, in accordance with the goals of Article 2 of
the North Atlantic Treaty;
(D) to ensure that Turkey remains a critical NATO
ally and important military partner for the United
States, contributing to key NATO and United States
missions and providing support for United States
military operations and logistics needs;
(E) to assist NATO allies in acquiring and
deploying modern, NATO-interoperable military equipment
and reducing their dependence on Russian or former
Soviet-era defense articles;
(F) to promote opportunities to strengthen the
capacity of NATO member states to counter Russian
malign influence; and
(G) to enforce fully the Countering America's
Adversaries Through Sanctions Act (Public Law 115-44;
22 U.S.C. 9401 et seq.), including by imposing
sanctions with respect to any person that the President
determines knowingly engaged in a significant
transaction with a person that is part of, or operates
for or on behalf of, the defense or intelligence
sectors of the Government of the Russian Federation, as
described in section 231 of that Act.
(b) Determination.--The acquisition by the Government of Turkey of
the S-400 air and missile defense system from the Russian Federation
beginning on July 12, 2019, shall constitute a significant transaction
as described in section 231 of the Countering America's Adversaries
Through Sanctions Act (22 U.S.C. 9525).
(c) Sanctions.--Not later than 30 days after the date of the
enactment of this Act, the President shall impose five or more of the
sanctions described in section 235 of the Countering America's
Adversaries Through Sanctions Act (22 U.S.C. 9529) with respect to the
Government of Turkey's acquisition of the S-400 air and missile defense
system from the Russian Federation.
(d) Exception Relating to Importation of Goods.--
(1) In general.--Notwithstanding any other provision of
this section, the authorities and requirements to impose
sanctions under this section shall not include the authority or
a requirement to impose sanctions on the importation of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(e) Termination.--The President may terminate the imposition of
sanctions required under this section with respect to a person if the
President submits to the appropriate congressional committees a
certification that--
(1) the Government of Turkey and any person acting on its
behalf no longer possesses the S-400 air and missile defense
system and no such system or successor system is operated or
maintained by Russian nationals, or persons acting on behalf of
the Government of the Russian Federation, in Turkey; and
(2) the President has received reliable assurances from the
Government of Turkey that the Government of Turkey will not
knowingly engage, or allow any foreign person to engage on its
behalf, in any activity subject to sanctions under section 231
of the Countering America's Adversaries Through Sanctions Act
in the future.
SEC. 1293. REPORT ON INCIDENTS OF ARBITRARY DETENTION, VIOLENCE, AND
STATE-SANCTIONED HARASSMENT BY THE GOVERNMENT OF EGYPT
AGAINST UNITED STATES CITIZENS AND THEIR FAMILY MEMBERS
WHO ARE NOT UNITED STATES CITIZENS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the appropriate congressional
committees a report on incidents of arbitrary detention, violence, and
state-sanctioned harassment by the Government of Egypt against United
States citizens and their family members who are not United States
citizens, in both Egypt and in the United States.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following:
(1) A detailed description of such incidents in the past
three years.
(2) A certification of whether such incidents constitute a
``pattern of acts of intimidation or harassment'' for purposes
of a Presidential determination in accordance with section 6 of
the Arms Export Control Act (22 U.S.C. 2756).
(3) A statement of the Secretary of State's intent with
regard to cancelling or suspending any letters of offer,
credits, guarantees, or export licenses accorded to the
Government of Egypt in accordance with the provisions of
section 6 of such Act.
(4) Any other actions taken to meaningfully deter incidents
of intimidation or harassment against Americans and their
families by such government's security agencies.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but the portions of the report described in
paragraphs (2), (3), and (4) of subsection (b) may contain a classified
annex, so long as such annex is provided separately from the
unclassified report.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 1294. ESTABLISHMENT OF THE OPEN TECHNOLOGY FUND.
(a) Sense of Congress.--It is the sense of Congress that it is in
the interest of the United States to promote global internet freedom by
countering internet censorship and repressive surveillance and protect
the internet as a platform for the free exchange of ideas, promotion of
human rights and democracy, and advancement of a free press and to
support efforts that prevent the deliberate misuse of the internet to
repress individuals from exercising their rights to free speech and
association, including countering the use of such technologies by
authoritarian regimes.
(b) Establishment.--The United States International Broadcasting
Act of 1994 (22 U.S.C. 6201 et seq.) is amended by inserting after
section 309 the following new section:
``SEC. 309A. OPEN TECHNOLOGY FUND.
``(a) Authority.--
``(1) In general.--Grants authorized under section 305
shall be available to make annual grants for the purpose of
promoting, consistent with United States law, unrestricted
access to uncensored sources of information via the internet to
enable journalists, including journalists employed by or
affiliated with the Voice of America, Radio Free Europe/Radio
Liberty, Radio Free Asia, the Middle East Broadcasting
Networks, the Office of Cuba Broadcasting, or any entity funded
by or partnering with the United States Agency for Global
Media, to create and disseminate, and for their audiences to
receive, news and information consistent with the purposes,
standards, and principles specified in sections 302 and 303.
``(2) Establishment.--There is established a grantee entity
to be known as the `Open Technology Fund', which shall carry
out the provisions of this section.
``(b) Functions of the Grantee.--In furtherance of the mission set
forth in subsection (a), the Open Technology Fund shall seek to advance
freedom of the press and unrestricted access to the internet in
repressive environments oversees, and shall--
``(1) research, develop, implement, and maintain--
``(A) technologies that circumvent techniques used
by authoritarian governments, nonstate actors, and
others to block or censor access to the internet,
including circumvention tools that bypass internet
blocking, filtering, and other censorship techniques
used to limit or block legitimate access to content and
information; and
``(B) secure communication tools and other forms of
privacy and security technology that facilitate the
creation and distribution of news and enable audiences
to access media content on censored websites;
``(2) advance internet freedom by supporting private and
public sector research, development, implementation, and
maintenance of technologies that provide secure and uncensored
access to the internet to counter attempts by authoritarian
governments, nonstate actors, and others to improperly restrict
freedom online;
``(3) research and analyze emerging technical threats and
develop innovative solutions through collaboration with the
private and public sectors to maintain the technological
advantage of the United States Government over authoritarian
governments, nonstate actors, and others;
``(4) develop, acquire, and distribute requisite internet
freedom technologies and techniques for the United States
Agency for Global Media, including as set forth in paragraph
(1), and digital security interventions, to fully enable the
creation and distribution of digital content between and to all
users and regional audiences;
``(5) prioritize programs for countries the governments of
which restrict freedom of expression on the internet, and that
are important to the national interest of the United States,
and are consistent with section 7050(b)(2)(C) of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94); and
``(6) carry out any other effort consistent with the
purposes of this Act or press freedom overseas if requested or
approved by the United States Agency for Global Media.
``(c) Methodology.--In carrying out subsection (b), the Open
Technology Fund shall--
``(1) support fully open-source tools, code, and
components, to the extent practicable, to ensure such supported
tools and technologies are as secure, transparent, and
accessible as possible, and require that any such tools,
components, code, or technology supported by the Open
Technology Fund remain fully open-source, to the extent
practicable;
``(2) support technologies that undergo comprehensive
security audits to ensure that such technologies are secure and
have not been compromised in a manner detrimental to the
interest of the United States or to individuals and
organizations benefitting from programs supported by the Open
Technology Fund;
``(3) review and update periodically as necessary security
auditing procedures used by the Open Technology Fund to reflect
current industry security standards;
``(4) establish safeguards to mitigate the use of such
supported technologies for illicit purposes;
``(5) solicit project proposals through an open,
transparent, and competitive application process to attract
innovative applications and reduce barriers to entry;
``(6) seek input from technical, regional, and subject
matter experts from a wide range of relevant disciplines, to
review, provide feedback, and evaluate proposals to ensure the
most competitive projects are funded;
``(7) implement an independent review process, through
which proposals are reviewed by such experts to ensure the
highest degree of technical review and due diligence;
``(8) maximize cooperation with the public and private
sectors, as well as foreign allies and partner countries, to
maximize efficiencies and eliminate duplication of efforts; and
``(9) utilize any other methodology approved by the United
States Agency for Global Media in furtherance of the mission of
the Open Technology Fund.
``(d) Grant Agreement.--Any grant agreement with or grants made to
the Open Technology Fund under this section shall be subject to the
following limitations and restrictions:
``(1) The headquarters of the Open Technology Fund and its
senior administrative and managerial staff shall be located in
a location which ensures economy, operational effectiveness,
and accountability to the United States Agency for Global
Media.
``(2) Grants awarded under this section shall be made
pursuant to a grant agreement which requires that grant funds
be used only for activities consistent with this section, and
that failure to comply with such requirements shall permit the
grant to be terminated without fiscal obligation to the United
States.
``(3) Any grant agreement under this section shall require
that any contract entered into by the Open Technology Fund
shall specify that all obligations are assumed by the grantee
and not by the United States Government.
``(4) Any grant agreement under this section shall require
that any lease agreements entered into by the Open Technology
Fund shall be, to the maximum extent possible, assignable to
the United States Government.
``(5) Administrative and managerial costs for operation of
the Open Technology Fund should be kept to a minimum and, to
the maximum extent feasible, should not exceed the costs that
would have been incurred if the Open Technology Fund had been
operated as a Federal entity rather than as a grantee.
``(6) Grant funds may not be used for any activity the
purpose of which is influencing the passage or defeat of
legislation considered by Congress.
``(e) Relationship to the United States Agency for Global Media.--
``(1) In general.--The Open Technology Fund shall be
subject to the same oversight and governance by the United
States Agency for Global Media as other grantees of the Agency
as set forth in section 305.
``(2) Assistance.--The United States Agency for Global
Media, its broadcast entities, and the Open Technology Fund
should render assistance to each other as may be necessary to
carry out the purposes of this section or any other provision
of this Act.
``(3) Not a federal agency or instrumentality.--Nothing in
this section may be construed to make the Open Technology Fund
a Federal agency or instrumentality.
``(4) Detailees.--Under the Intergovernmental Personnel
Act, employees of a grantee of the United States Agency for
Global Media may be detailed to the Agency, and Federal
employees may be detailed to a grantee of the United States
Agency for Global Media.
``(f) Relationship to Other United States Government-Funded
Internet Freedom Programs.--The United States Agency for Global Media
shall ensure that internet freedom research and development projects of
the Open Technology Fund are coordinated with internet freedom programs
of the Department of State and other relevant United States Government
departments, in order to share information and best-practices relating
to the implementation of subsections (b) and (c).
``(g) Reporting Requirements.--
``(1) Annual report.--The Open Technology Fund shall
highlight, in its annual report, internet freedom activities,
including a comprehensive assessment of the Open Technology
Fund's activities relating to the implementation of subsections
(b) and (c). Each such report shall include the following:
``(A) An assessment of the current state of global
internet freedom, including trends in censorship and
surveillance technologies and internet shutdowns, and
the threats such pose to journalists, citizens, and
human rights and civil-society organizations.
``(B) A description of the technology projects
supported by the Open Technology Fund and the
associated impact of such projects in the prior year,
including the countries and regions in which such
technologies were deployed, and any associated metrics
indicating audience usage of such technologies, as well
as future-year technology project initiatives.
``(2) Assessment of the effectiveness of the open
technology fund.--Not later than 2 years after the date of the
enactment of this section, the Inspector General of the
Department of State and the Foreign Service shall submit to the
appropriate congressional committees a report on the following:
``(A) Whether the Open Technology Fund is
technically sound and cost effective.
``(B) Whether the Open Technology Fund is
satisfying the requirements of this section.
``(C) The extent to which the interests of the
United States are being served by maintaining the work
of the Open Technology Fund.
``(h) Audit Authorities.--
``(1) In general.--Financial transactions of the Open
Technology Fund, as such relate to functions carried out under
this section, may be audited by the Government Accountability
Office in accordance with such principles and procedures and
under such rules and regulations as may be prescribed by the
Comptroller General of the United States. Any such audit shall
be conducted at the place or places at which accounts of the
Open Technology Fund are normally kept.
``(2) Access by gao.--The Government Accountability Office
shall have access to all books, accounts, records, reports,
files, papers, and property belonging to or in use by the Open
Technology Fund pertaining to financial transactions as may be
necessary to facilitate an audit. The Government Accountability
Office shall be afforded full facilities for verifying
transactions with any assets held by depositories, fiscal
agents, and custodians. All such books, accounts, records,
reports, files, papers, and property of the Open Technology
Fund shall remain in the possession and custody of the Open
Technology Fund.
``(3) Exercise of authorities.--Notwithstanding any other
provision of law, the Inspector General of the Department of
State and the Foreign Service is authorized to exercise the
authorities of the Inspector General Act of 1978 with respect
to the Open Technology Fund.''.
(c) Conforming Amendments.--The United States International
Broadcasting Act of 1994 is amended--
(1) in section 304(d) (22 U.S.C. 6203(d)), by inserting
``the Open Technology Fund,'' before ``the Middle East
Broadcasting Networks'';
(2) in sections 305 and 310 (22 U.S.C. 6204 and 6209), by
inserting ``the Open Technology Fund,'' before ``or the Middle
East Broadcasting Networks'' each place such term appears; and
(3) in section 310 (22 U.S.C. 6209), by inserting ``the
Open Technology Fund,'' before ``and the Middle East
Broadcasting Networks'' each place such term appears.
(d) Authorization of Appropriations.--There is authorized to be
appropriated for the Open Technology Fund $25,000,000 for fiscal year
2022 to carry out section 309A of the United States International
Broadcasting Act of 1994, as added by subsection (b) of this section.
(e) Effective Date.--Section 309A of the United States
International Broadcasting Act of 1994 (as added by subsection (b) of
this section) and subsections (c) and (d) of this section shall take
effect and apply beginning on July 1, 2021.
SEC. 1295. SENSE OF CONGRESS ON PAYMENT OF AMOUNTS OWED BY KUWAIT TO
UNITED STATES MEDICAL INSTITUTIONS.
(a) Findings.--Congress finds that--
(1) at least 45 medical institutions in the United States
have provided medical services to citizens of Kuwait; and
(2) despite providing care for their citizens, Kuwait has
not paid amounts owed to such United States medical
institutions for such services in over 2 years.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Kuwait is an important partner of the United States in
the Middle East and both countries should find ways to address
irritants in the bilateral relationship;
(2) the United States should seek a resolution with Kuwait
regarding the outstanding amounts Kuwait owes to United States
medical institutions for medical services provided to citizens
of Kuwait, especially during the Coronavirus Disease 2019
(``COVID-19'') pandemic; and
(3) Kuwait should immediately pay such outstanding amounts
owed to such United States medical institutions.
SEC. 1296. PROTECTION AND PROMOTION OF INTERNATIONALLY RECOGNIZED HUMAN
RIGHTS DURING THE NOVEL CORONAVIRUS PANDEMIC.
(a) Statement of Policy.--It is the policy of the United States
to--
(1) encourage the protection and promotion of
internationally recognized human rights at home and abroad at
all times and especially during the novel coronavirus pandemic;
(2) support freedom of expression and freedom of the press
in the United States and elsewhere, which are critical to
ensuring public dissemination of, and access to, accurate
information about the novel coronavirus pandemic, including
information authorities need to enact science-based policies
that limit the spread and impact of the virus, while protecting
human rights;
(3) support multilateral efforts to address the novel
coronavirus pandemic; and
(4) oppose the use of the novel coronavirus pandemic as a
justification for the enactment of laws and policies that use
states of emergency to violate or otherwise restrict the human
rights of citizens, inconsistent with the principles of
limitation and derogation, and without clear scientific or
public health justifications, including the coercive,
arbitrary, disproportionate, or unlawful use of surveillance
technology.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should lead the international
community in its efforts to respond to the novel coronavirus
pandemic;
(2) the United States, in implementing emergency policies
at home and through its diplomacy, foreign assistance, and
security cooperation, should promote the protection of
internationally recognized human rights during and after the
novel coronavirus pandemic;
(3) foreign assistance and security cooperation provided by
the Department of State, the United States Agency for
International Development (USAID), and the Department of
Defense, whether implemented directly or through
nongovernmental organizations or international organizations,
should--
(A) support democratic institutions, civil society,
free media, and other internationally recognized human
rights during, and in the aftermath of, the novel
coronavirus pandemic;
(B) ensure attention to countries in which the
government's response to the pandemic violated human
rights and democratic norms; and
(C) incentivize foreign military and security force
units to abide by their human rights obligations, and
in no way contribute to human rights violations; and
(4) in implementing emergency policies in response to the
novel coronavirus pandemic--
(A) governments should fully respect and comply
with internationally recognized human rights, including
the rights to life, liberty, and security of the
person, the freedoms of movement, religion, speech,
peaceful assembly, association, freedom of expression
and of the press, and the freedom from arbitrary
detention, discrimination, or invasion of privacy;
(B) emergency restrictions or powers that impact
internationally recognized human rights, including the
rights to freedom of assembly, association, and
movement should be--
(i) grounded in law, narrowly tailored,
proportionate, and necessary to the
government's legitimate goal of ending the
pandemic;
(ii) limited in duration;
(iii) clearly communicated to the
population;
(iv) subject to independent government
oversight; and
(v) implemented in a nondiscriminatory and
fully transparent manner;
(C) governments--
(i) should not place any limits or other
restrictions on, or criminalize, the free flow
of information; and
(ii) should make all efforts to provide and
maintain open access to the internet and other
communications platforms;
(D) emergency measures should not discriminate
against any segment of the population, including
minorities, vulnerable individuals, and marginalized
groups;
(E) monitoring systems put in place to track and
reduce the impact of the novel coronavirus should, at a
minimum--
(i) abide by privacy best practices
involving data anonymization and aggregation;
(ii) be administered in an open and
transparent manner;
(iii) be scientifically justified and
necessary to limit the spread of disease;
(iv) be employed for a limited duration of
time in correspondence with the system's public
health objective;
(v) be subject to independent oversight;
(vi) incorporate reasonable data security
measures; and
(vii) be firewalled from other commercial
and governmental uses, such as law enforcement
and the enforcement of immigration policies;
and
(F) governments should take every feasible measure
to protect the administration of free and fair
elections.
(c) Report on Countering Disinformation.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense and the heads of other
relevant Federal departments and agencies, shall submit to the
appropriate congressional committees a report on all actions taken by
the United States Government to counter disinformation and disseminate
accurate information abroad related to the novel coronavirus pandemic.
(d) Report on Human Rights.--Not later than 90 days after the date
on which the World Health Organization declares that the novel
coronavirus pandemic has ended, and having consulted with the
appropriate congressional committees, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to the
appropriate congressional committees a report that--
(1) identifies the countries in which emergency measures or
other legal actions taken in response to the novel coronavirus
pandemic were inconsistent with the principles described in
subsection (b)(4) or otherwise limited internationally
recognized human rights in a manner inconsistent with the
principles of limitation and derogation extended beyond the end
of the novel coronavirus pandemic;
(2) identifies the countries in which such measures or
actions continued beyond the end of the novel coronavirus
pandemic;
(3) for the countries identified pursuant to paragraph (1),
describes such emergency measures, including--
(A) how such measures violated or seriously
undermined internationally recognized human rights; and
(B) the impact of such measures on--
(i) the government's efforts and ability to
control the pandemic within the country;
(ii) the population's access to health care
services;
(iii) the population's access to services
for survivors of violence and abuse;
(iv) women and ethnic, religious, sexual,
and other minority, vulnerable, or marginalized
populations; and
(v) military-to-military activities,
exercises, or joint operations, including the
number and type of bilateral and multilateral
military events, cancelled or adjusted, the
type of joint Special Security Agreement or
Security Cooperation activity, and the reason
for cancellation;
(4) describes--
(A) any surveillance measures implemented or
utilized by the governments of such countries as part
of the novel coronavirus pandemic response;
(B) the extent to which such measures have been, or
have not been, rolled back; and
(C) whether and how such measures impact
internationally recognized human rights;
(5) indicates whether any foreign person or persons within
a country have been determined to have committed gross
violations of internationally recognized human rights during
the novel coronavirus pandemic response, including a
description of any resulting sanctions imposed on such persons
under United States law; and
(6) provides recommendations relating to the steps the
United States Government should take, through diplomacy,
foreign assistance, and security cooperation, to address the
persistent issues related to internationally recognized human
rights in the aftermath of the novel coronavirus pandemic.
(e) Conditioning of Security Sector Assistance.--Section 502B(a)(4)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(4)) is
amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) has engaged in the systematic violation of
internationally recognized human rights through the use
of emergency laws, policies, or administrative
procedures.''.
(f) Department of Defense Guidance.--Not later 90 days after the
date of the enactment of this Act, the Secretary of Defense shall issue
guidance that the program of assessment, monitoring, and evaluation in
support of the security cooperation programs and activities maintained
by the Department of Defense in accordance with section 383 of title
10, United States Code, and intelligence collections requirements of
the combatant commands shall include, for the next 5 fiscal years,
indicators of whether partner security forces have taken advantage of
the novel coronavirus pandemic and public health control measures to--
(1) control, limit, or profit from the distribution or
supply of medical supplies, food, water, and other essential
goods;
(2) undermine civilian and parliamentary control or
oversight of security forces;
(3) limit ability of civilian government authorities to
execute essential functions, including civilian policing,
justice delivery, detentions, or other forms of essential
community-level government service delivery;
(4) expand solicitation of bribes or compensation for use
of or access to key transportation nodes or networks, including
roadways and ports;
(5) take control of media distribution or otherwise limit
the exercise of freedom of the press or distribution of radio,
internet, or other broadcast media;
(6) deepen religious or ethnic favoritism in delivery of
security, justice, or other essential government services; or
(7) otherwise undermine or violate internationally
recognized human rights in any way determined of concern by the
Secretary.
(g) Country Reports on Human Rights Practices.--The Foreign
Assistance Act of 1961 is amended as follows:
(1) In section 116 (22 U.S.C. 2151n), by adding at the end
the following new subsection:
``(h) Human Rights Violations Due to Misuse of Emergency Powers and
Surveillance Technology.--The report required by subsection (d) shall
include, wherever applicable, a description of any misuse by the
government of any country of any emergency powers or measures, or any
development or proliferation of any surveillance technologies, that
violated or seriously undermined internationally recognized human
rights in a manner inconsistent with the principles of limitation and
derogation, including the following information:
``(1) Any failure by the government of any country to
clearly articulate the purpose of emergency powers or measures,
or to specify the duration of such powers or measures, or to
notify the United Nations regarding the use of such powers, as
required by applicable treaty.
``(2) Any failure by the government of any country to abide
by the stated purposes of emergency powers or measures, or to
cease the use of such powers after any specified term expires.
``(3) Any violations by the government of any country of
non-derogable rights due to the implementation of emergency
powers or measures.
``(4) Any discriminatory implementation by the government
of any country of emergency powers or measures, the populations
affected, and the impact on such populations.
``(5) Any development or proliferation of surveillance
technologies, including new or emerging technologies used by
the government of a country in the surveillance of civilian
populations, that--
``(A) fail to abide by privacy best practices
involving data anonymization and aggregation;
``(B) are not administered in an open and
transparent manner;
``(C) are not subject to independent oversight; and
``(D) fail to incorporate reasonable data security
measures.''.
(2) In section 502B(b) (22 U.S.C. 2304(b)), by--
(A) redesignating the second subsection (i)
(relating to child marriage) as subsection (j); and
(B) adding at the end the following new subsection:
``(k) Human Rights Violations Due to Misuse of Emergency Powers and
Surveillance Technology.--The report required by subsection (b) shall
include, wherever applicable, a description of any misuse by the
government of any country of any emergency powers or measures, or any
development or proliferation of any surveillance technologies, that
violated or seriously undermined internationally recognized human
rights in a manner inconsistent with the principles of limitation and
derogation, including the following information:
``(1) Any failure by the government of any country to
clearly articulate the purpose of emergency powers or measures,
or to specify the duration of such powers or measures, or to
notify the United Nations regarding the use of such powers, as
required by applicable treaty.
``(2) Any failure by the government of any country to abide
by the stated purposes of emergency powers or measures, or to
cease the use of such powers after any specified term expires.
``(3) Any violations by the government of any country of
non-derogable rights due to the implementation of emergency
powers or measures.
``(4) Any discriminatory implementation by the government
of any country of emergency powers or measures, the populations
affected, and the impact on such populations.
``(5) Any development or proliferation of surveillance
technologies, including new or emerging technologies used by
the government of a country in the surveillance of civilian
populations, that--
``(A) fail to abide by privacy best practices
involving data anonymization and aggregation;
``(B) are not administered in an open and
transparent manner;
``(C) are not subject to independent oversight; and
``(D) fail to incorporate reasonable data security
measures.''.
(h) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
SEC. 1297. REVIEW OF DEPARTMENT OF DEFENSE COMPLIANCE WITH ``PRINCIPLES
RELATED TO THE PROTECTION OF MEDICAL CARE PROVIDED BY
IMPARTIAL HUMANITARIAN ORGANIZATIONS DURING ARMED
CONFLICTS''.
(a) Statement of Congress.--Congress--
(1) affirms the importance of United States leadership in
ensuring global respect and protection for all health care
workers, vehicles and equipment, and health care facilities,
during times of armed conflict or other situations of violence;
(2) deeply regrets that health care workers, vehicles and
equipment, health care facilities, and the sick and wounded are
too often attacked, assaulted or subjected to violence in and
outside of situations of armed conflict, and expresses support
for health care workers around the world providing impartial
care in and outside of armed conflict;
(3) affirms support for the right to freedom of assembly
and rejects the targeting, harming, or endangering of health
care workers, vehicles or equipment, health care facilities, or
the sick and wounded during times of civil protest or unrest;
and
(4) urges the United States Government to strengthen its
global leadership role to protect health care in armed conflict
and other situations of violence, in accordance with the Geneva
Conventions of 1949 and United Nations Security Council
Resolution 2286 of May 3, 2016, through--
(A) United States diplomatic channels;
(B) appropriately leveraging United States security
cooperation to ensure that United States military
partners protect health care; and
(C) the development of practical guidance for the
United State Armed Forces on protecting health care in
armed conflict and other situations of violence.
(b) Statement of Policy.--It is the policy of the United States--
(1) to ensure that Department of Defense orders and
military guidance are consistent with international
humanitarian law recognized by the United States as binding by
treaty or custom; and
(2) to encourage United States military partners to
integrate similar measures to protect health care into the
planning and conduct of operations.
(c) Review.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees the results
of the review requested on October 3, 2016, by then Secretary
of Defense Ashton Carter, of compliance of all relevant
Department of Defense orders, rules of engagement, directives,
regulations, policies, practices, and procedures, with the
``Principles Related to the Protection of Medical Care Provided
by Impartial Humanitarian Organizations During Armed
Conflicts''.
(2) If review not completed.--If such review has not been
completed, the Secretary of Defense--
(A) shall complete the review in accordance with
the original request; and
(B) shall, not later than 120 days after the date
of the enactment of this Act, provide the results of
the review to the appropriate congressional committees.
(3) Matters to be included.--Such review shall include the
following:
(A) A description of the Department of Defense
orders, rules of engagement, directives, regulations,
policies, practices, and procedures that were reviewed,
including checkpoint practices, hospital searches,
precautions concerning attacks on health care
facilities that have lost legal protection, treatment
of the wounded and sick, or any other guidance, and
training or standard operating procedures relating to
the protection of health care during armed conflict.
(B) An identification of any changes or adjustments
to orders, guidance, policies, or procedures that were
made as a result of such review and a description of
such changes or adjustments.
(4) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
SEC. 1298. PROMOTING HUMAN RIGHTS IN COLOMBIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States recognizes Colombia as a key regional
partner committed to promoting democracy, human rights, and
security and remains committed to supporting areas of mutual
interest outlined under Plan Colombia;
(2) no military or intelligence equipment or supplies
transferred or sold to the Government of Colombia under United
States security sector assistance programs should be used for
purposes of unlawful surveillance or intelligence gathering
directed at the civilian population, including human rights
defenders, judicial personnel, journalists or the political
opposition;
(3) the United States should encourage accountability
through full and transparent investigation, as appropriate, and
prosecution under applicable law of individuals in Colombia
responsible for conducting unlawful surveillance or
intelligence gathering; and
(4) the United States, through its diplomacy, foreign
assistance, and United States security sector assistance
programs, should consistently and at all times promote the
protection of internationally-recognized human rights in
Colombia, including by incentivizing the Colombian Government,
its military, police, security, and intelligence units, to
abide by their human rights obligations.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense and the Director of
National Intelligence, shall submit to the appropriate
congressional committees a report that assesses allegations
that United States security sector assistance provided to the
Government of Colombia was used by or on behalf of the
Government of Colombia for purposes of unlawful surveillance or
intelligence gathering directed at the civilian population,
including human rights defenders, judicial personnel,
journalists, and the political opposition.
(2) Matters to be included.--The report required by this
subsection shall include the following:
(A) A detailed summary of findings in regard to any
involvement by Colombian military, police, security, or
intelligence units in unlawful surveillance or
intelligence gathering directed at sectors of the
civilian population and non-combatants from 2002
through 2018.
(B) Any findings in regard to any unlawful
surveillance or intelligence gathering alleged or
reported to have been carried out by Colombian
military, police, security, or intelligence units in
2019 and 2020 and an assessment of the full extent of
such activities, including identification of units
involved, relevant chains of command, and the nature
and objectives of such surveillance or intelligence
gathering.
(C) A detailed description of any use of United
States security sector assistance for such unlawful
surveillance or intelligence gathering.
(D) Full information on the steps taken by the
Department of State, the Department of Defense, or the
Office of the Director of National Intelligence in
response to any misuse or credible allegations of
misuse of United States security sector assistance,
including--
(i) any application of section 620M of the
Foreign Assistance Act of 1961 (22 U.S.C.
2378d) or section 362 of title 10, United
States Code (commonly referred to as the
``Leahy Laws'');
(ii) any consideration of the
implementation of mandatory ``snap-back'' of
United States security assistance found to have
been employed by the Colombian Government or
any dependency thereof for such unlawful
surveillance or intelligence gathering; and
(iii) a description of measures taken to
ensure that such misuse does not recur in the
future.
(E) Full information on the steps taken by the
Colombian Government and all relevant Colombian
authorities in response to any misuse or credible
allegations of misuse of United States security sector
assistance, including a description of measures taken
to ensure that such misuse of military or intelligence
equipment or supplies does not recur in the future.
(F) An analysis of the adequacy of Colombian
military and security doctrine and training for
ensuring that surveillance and intelligence gathering
operations are conducted in accordance with the
Government of Colombia's international human rights
obligations and any additional assistance and training
that the United States can provide to strengthen
adherence by Colombian military and security forces to
international human rights obligations.
(3) Form.--The report required by this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Select Committee
on Intelligence of the Senate.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(3) United states security sector assistance.--The term
``United States security sector assistance'' means a program
authorized under--
(A) section 502B of the Foreign Assistance Act of
1961 (22 U.S.C. 2304) and administered by the
Department of State;
(B) section 301 of title 10, United States Code, or
any national defense authorization Act and administered
by the Department of Defense; or
(C) any law administered by the intelligence
community.
(4) Unlawful surveillance or intelligence gathering.--The
term ``unlawful surveillance or intelligence gathering'' means
surveillance or intelligence gathering--
(A) prohibited under applicable Colombian law or
international law recognized by Colombia;
(B) undertaken without legally required judicial
oversight, warrant or order; or
(C) undertaken in violation of internationally
recognized human rights.
SEC. 1299. WAIVER OF PASSPORT FEES FOR CERTAIN INDIVIDUALS.
Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214) is
amended, in the third sentence, by inserting ``from a family member of
a member of the uniformed services proceeding abroad whose travel and
transportation is provided under section 481h of title 37, United
States Code;'' after ``funeral or memorial service for such member;''.
SEC. 1299A. REPORT ON VENEZUELA.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Defense shall submit to the appropriate congressional committees a
report regarding the political, economic, health, and humanitarian
crisis in Venezuela, and its implications for United States national
security and regional security and stability.
(b) Elements of Report.--The report required by subsection (a)
shall include, at a minimum, the following:
(1) An assessment of how the multifaceted crisis in
Venezuela and the resulting migration of millions of citizens
from Venezuela to neighboring countries, including Brazil,
Colombia, Ecuador, and Peru, affects regional security and
stability.
(2) An assessment of whether, and to what degree, the
situation in Venezuela has affected drug trafficking trends in
the region, including by creating a more permissive environment
in Venezuela for drug trafficking organizations and other
criminal actors to operate.
(3) An assessment of the influence of external actors in
Venezuela, including the Government of the People's Republic of
China, the Government of Cuba, the Government of Iran, and the
Government of the Russian Federation.
(4) An assessment of how, and to what degree, the COVID-19
pandemic in Venezuela has affected, or is likely to affect, the
health and humanitarian situation in Venezuela and regional
security and stability.
(5) Any other matters the Secretary of State or Secretary
of Defense determines should be included.
(c) Form.--The report required by subsection (a) shall be submitted
in both classified and unclassified form.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
(3) the Subcommittee on State, Foreign Operations, and
Related Programs of the Committee on Appropriations of the
Senate and the Subcommittee on State, Foreign Operations, and
Related Programs of the Committee on Appropriations of the
House of Representatives; and
(4) the Subcommittee on Defense of the Committee on
Appropriations of the Senate and the Subcommittee on Defense of
the Committee on Appropriations of the House of
Representatives.
SEC. 1299B. PROHIBITION ON USE OF FUNDS FOR AERIAL FUMIGATION.
None of the amounts authorized to be appropriated or otherwise made
available by this Act may be made available to directly conduct aerial
fumigation in Colombia unless there are demonstrated actions by the
Government of Colombia to adhere to national and local laws and
regulations.
SEC. 1299C. REPORT ON SUPPORT FOR DEMOCRATIC REFORMS BY THE GOVERNMENT
OF THE REPUBLIC OF GEORGIA.
(a) Sense of Congress.--It is the sense of Congress that the United
States should--
(1) support the Government of the Republic of Georgia's
continued development of democratic values, path to electoral
reform, commitment to combating corruption, and efforts to
ensure the Georgian private sector upholds internationally
recognized standards, including welcoming and protecting
foreign direct investment; and
(2) continue to work closely with the Government of Georgia
on defense and security cooperation to include increasing
Georgia's defense capabilities, interoperability with partner
nations, adherence to the rules of war, and strengthening of
defense institutions.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report that contains--
(1) an analysis of whether or not the Government of Georgia
is taking effective steps to strengthen democratic institutions
in Georgia; and
(2) an analysis of whether or not the Government of Georgia
is--
(A) effectively implementing electoral reform;
(B) respecting the independence of the judiciary,
including independence from legislative or executive
interference;
(C) effectively implementing the necessary policies
to ensure accountability and transparency, including
unfettered access to public information;
(D) protecting the rights of civil society,
opposition political parties, and the independence of
the media; and
(E) any other matters the Secretary determines to
be appropriate.
SEC. 1299D. ASSESSMENT ON MODERNIZATION TARGETS OF THE PEOPLE'S
LIBERATION ARMY.
(a) Assessment.--The Secretary of Defense, in consultation with
relevant Federal departments and agencies, shall prepare an assessment
on the People's Liberation Army of the People's Republic of China 2035
modernization targets that includes--
(1) how such modernization could impact the effectiveness
of Taiwan's self-defense capabilities;
(2) how such modernization could impact United States
interests, including those articulated in the Taiwan Relations
Act (22 U.S.C 3301 et. seq.) to maintain the capacity of the
United States to resist any resort to force or other forms of
coercion that would jeopardize the security, or the social or
economic system, of the people on Taiwan; and
(3) any other matters the Secretary determines appropriate.
(b) Briefing.--Not later than 180 days after the enactment of this
Act, the Secretary of Defense shall provide the assessment in a
classified, written report to--
(1) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Foreign Affairs,
and the Committee on Appropriations of the House of
Representatives; and
(2) the Committee on Armed Services, the Select Committee
on Intelligence, the Committee on Foreign Relations, and the
Committee on Appropriations of the Senate.
SEC. 1299E. MITIGATION AND PREVENTION OF ATROCITIES IN HIGH-RISK
COUNTRIES.
(a) Statement of Policy.--It is the policy of the United States
that the Department of State, in coordination with the Department of
Defense and the United States Agency for International Development,
should address global fragility, as required by the Global Fragility
Act of 2019 and, to the extent practicable, incorporate the prevention
of atrocities and mitigation of fragility into security assistance and
cooperation planning and implementation for covered foreign countries.
(b) In General.--The Secretary of State, in consultation with
chiefs of mission and the Administrator of the United States Agency for
International Development, shall ensure that the Department of State's
Atrocity Assessment Framework is factored into the Integrated Country
Strategy and the Country Development Cooperation Strategy where
appropriate for covered foreign countries.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for 5 years, the Secretary of
State shall submit to the appropriate congressional committees a report
on its efforts to prevent atrocities in covered foreign countries.
(d) Stakeholder Consultation.--Consistent with section 504(b) of
the Global Fragility Act of 2019 (22 U.S.C. 9803(b)), the Secretary of
State and other relevant agencies may consult with credible
representatives of civil society with experience in atrocities
prevention and national and local governance entities, as well as
relevant international development organizations with experience
implementing programs in fragile and violence-affected communities,
multilateral organizations and donors, and relevant private, academic,
and philanthropic entities, as appropriate, in identifying covered
foreign countries as defined in this section.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
(2) Covered foreign country.--The term ``covered foreign
country'' means a foreign country that is not listed as a
priority country under the Global Fragility Initiative but
remains among the top 30 most at risk countries for new onset
of mass killing, according to the Department of State's
internal assessments, and in consultation with the appropriate
congressional committees.
SEC. 1299F. RESUMPTION OF PEACE CORPS OPERATIONS.
Not later than 90 days after the date of enactment of this Act, the
Director of the Peace Corps shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report that describes the efforts of the
Peace Corps to--
(1) offer a return to service to each Peace Corps volunteer
and trainee whose service ended on March 15, 2020 (or earlier,
in the case of volunteers who were serving China and Mongolia),
due to the COVID-19 public health emergency;
(2) obtain approval from countries, as is safe and
appropriate, to return volunteers and trainees to countries of
service, predicated on the ability for volunteers and trainees
to return safely and legally;
(3) provide adequate measures necessary for the safety and
health of volunteers and trainees and develop contingency plans
in the event overseas operations are disrupted by future COVID-
19 outbreaks;
(4) develop and maintain a robust volunteer cohort; and
(5) identify the need for anticipated additional
appropriations or new statutory authorities and changes in
global conditions that would be necessary to achieve the goal
of safely enrolling 7,300 Peace Corps volunteers during the 1-
year period beginning on the date on which Peace Corps
operations resume.
SEC. 1299G. TRANSFER OF EXCESS NAVAL VESSELS TO THE GOVERNMENT OF
EGYPT.
(a) Transfers by Grant.--The President is authorized to transfer to
the Government of Egypt the OLIVER HAZARD PERRY class guided missile
frigates ex-USS CARR (FFG-52) and ex-USS ELROD (FFG-55) on a grant
basis under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) upon submitting to the appropriate congressional
committees a certification described in subsection (b).
(b) Certification.--A certification described in this subsection is
a certification of the following:
(1) The President has received reliable assurances that the
Government of Egypt and any Egyptian state-owned enterprise--
(A) are not engaged in activity subject to
sanctions under the Countering America's Adversaries
Through Sanctions Act (Public Law 115-44; 22 U.S.C.
9401 et seq.), including activity related to Russian
Su-35 warplanes; and
(B) will not knowingly engage in activity subject
to sanctions under such Act in the future.
(2) The Egyptian forces that will man the vessels described
in subsection (a) will be subject to the requirements of
section 620M of the Foreign Assistance Act of 1961 (22 U.S.C.
2378d) and section 362 of title 10, United States Code
(commonly referred to as the ``Leahy laws''), and to other
human rights vetting requirements to ensure that United States-
funded assistance is not provided to Egyptian security forces
that have committed gross violations of internationally
recognized human rights.
(3) The President has received reliable assurances that the
vessels described in subsection (a) will not be used in any
military operation in Libya or Libyan territorial waters,
except for those operations conducted in coordination with the
United States.
(c) Violations.--If the President determines after the transfer of
a vessel described in subsection (a) that the conditions described in
subsection (b) are no longer being met, the President shall apply the
provisions of section 3(c) of the Arms Export Control Act (22 U.S.C.
2753(c)) with respect to Egypt to the same extent and in the same
manner as if Egypt had committed a violation described in paragraph (1)
of such section.
(d) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to the Government
of Egypt on a grant basis pursuant to authority provided under
subsection (a) shall not be counted against the aggregate value of
excess defense articles transferred in any fiscal year under section
516(g) of such Act (22 U.S.C. 2321j(g)).
(e) Costs of Transfers.--Notwithstanding section 516(e) of such Act
(22 U.S.C. 2321j(e)), any expense incurred by the United States in
connection with a transfer authorized under subsection (a) shall be
charged to the Government of Egypt.
(f) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under subsection (a), that the Government
of Egypt have such repair or refurbishment of the vessel as is needed,
before the vessel joins the naval forces of Egypt, performed at a
shipyard located in the United States, including a United States Navy
shipyard.
(g) Expiration of Authority.--The authority to transfer a vessel
under subsection (a) shall expire at the end of the 3-year period
beginning on the date of the enactment of this Act.
(h) Report.--Not later than 30 days before the transfer of a vessel
described in subsection (a), the President shall submit to the
appropriate congressional committees a report on how the transfer of
the vessel will help to alleviate United States mission requirements in
the Mediterranean Sea, the Bab el Mandeb Strait, and the Red Sea.
(i) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 1299H. LIMITATION ON PRODUCTION OF NUCLEAR PROLIFERATION
ASSESSMENT STATEMENTS.
(a) Limitation.--The Secretary of State may not provide to the
President, and the President may not submit to Congress, a Nuclear
Proliferation Assessment Statement described in subsection (a) of
section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) with
respect to a proposed cooperation agreement with any country that has
not signed and implemented an Additional Protocol with the
International Atomic Energy Agency, other than a country with which, as
of July 1, 2020, there is in effect a civilian nuclear cooperation
agreement pursuant to such section 123.
(b) Waiver.--The limitation under subsection (a) shall be waived
with respect to a particular country if--
(1) the President submits to the appropriate congressional
committees a request to enter into a proposed cooperation
agreement with such country that includes a report describing
the manner in which such agreement would advance the national
security and defense interests of the United States and not
contribute to the proliferation of nuclear weapons; and
(2) there is enacted a joint resolution approving the
waiver of such limitation with respect to such agreement.
(c) Form.--The report described in subsection (b) shall be
submitted in unclassified form but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Energy and Commerce, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(3) the Committee on Energy and Natural Resources, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate.
SEC. 1299I. REPORT ON MEXICAN SECURITY FORCES.
(a) Report.--Not later than 90 days after enactment of this act,
the Secretary of Defense and the Secretary of State, in coordination
with other appropriate officials, shall jointly submit to the
appropriate congressional committees a report containing a
comprehensive assessment of ongoing support and a strategy for future
cooperation between the United States government and the Mexican
security forces including the Mexican National Guard, federal, state,
and municipal law enforcement.
(b) Matters To Be Included.--The report under subsection (a) shall
include, at minimum, the following:
(1) Department of Defense and Department of State strategy
and timeline for assistance to Mexican security forces,
including detailed areas of assistance and a plan to align the
strategy with Mexican government priorities.
(2) Description of the transfer of U.S.-supported equipment
from the Federal Police and armed forces to the National Guard,
if any, and any resources originally provided for the Federal
Police and armed forces that are now in use by the National
Guard.
(3) Dollar amounts of any assistance provided or to be
provided to each of the Mexican security forces, and any
defense articles, training, and other services provided or to
be provided to each of the Mexican security forces.
(4) Department of Defense and Department of State plans for
all U.S. training for Mexican security forces, including
training in human rights, proper use of force, de-escalation,
investigation and evidence-gathering, community relations, and
anti-corruption.
(5) An assessment of the National Guard's adherence to
human rights standards, including the adoption of measures to
ensure accountability for human rights violations and the
development of a human rights training curriculum.
(6) Department of Defense and Department of State plans to
support external monitoring and strengthen internal control
mechanisms within each of the Mexican security forces including
the Mexican National Guard, federal, state, and municipal law
enforcement, including the internal affairs unit.
(7) Information on Mexico's security budget and
contributions to strengthening security cooperation with the
United States; and (8) Information on security assistance
Mexico may be receiving from other countries.
(c) Form.--The report required under subsection (a) may be
submitted in classified form with an unclassified summary.
(d) Appropriate Congressional Committees.--The term ``appropriate
congressional committees'' means the Committee on Foreign Affairs and
the Armed Services Committee of the House of Representatives and the
Committee on Foreign Relations and the Armed Services Committee of the
Senate.
SEC. 1299J. MATTERS RELATING TO COOPERATIVE THREAT REDUCTION PROGRAMS
AND WEAPONS OF MASS DESTRUCTION TERRORISM.
(a) Statement of Policy.--It is the policy of the United States to
ensure--
(1) to the extent practicable, the agents, precursors, and
materials needed to produce weapons of mass destruction are
placed beyond the reach of terrorist organizations and other
malicious non-state actors;
(2) the number of foreign states that possess weapons of
mass destruction is declining; and
(3) the global quantity of weapons of mass destruction and
related materials is reduced.
(b) Sense of Congress.--It is the sense of Congress that--
(1) diplomatic outreach, threat reduction and foreign
capacity-building programs, export controls, and the promotion
of international treaties and norms are all essential elements
of accomplishing the core national security mission of
preventing, detecting, countering, and responding to threats of
weapons of mass destruction terrorism; and
(2) the potentially devastating consequences of weapons of
mass destruction terrorism pose a significant risk to United
States national security.
(c) Report on Lines of Effort To Implement Policies.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President, acting through the Secretary of Defense, the
Secretary of State, the Secretary of Energy, and the Director
of National Intelligence, shall submit to the appropriate
congressional committees a report on each line of effort to
implement the policies described in subsection (a) and the
budgets required to implement each such line of effort
effectively.
(2) Matters to be included.--The report required by this
subsection should include the following:
(A) An assessment of nuclear, radiological,
biological, and chemical terrorism and foreign state
risks and other emerging risks facing the United States
and its allies, including--
(i) the status of foreign state, state-
affiliated, and non-state actors efforts to
acquire nuclear, radiological, biological, and
chemical weapons and their intent to misuse
weapons-related materials;
(ii) any actions by foreign state, state-
affiliated, and non-state actors employing
weapons of mass destruction;
(iii) an update on--
(I) the risk of biological threats,
including the proliferation of
biological weapons, weapons components,
and weapons-related materials,
technology, and expertise to non-state
actors;
(II) the risk of accidental release
of dangerous pathogens due to unsafe
practices and facilities; and
(III) the risk of uncontrolled
naturally occurring disease outbreaks
that may pose a threat to the United
States or its Armed Forces or allies;
and
(iv) the status of national efforts to meet
obligations to provide effective security and
accounting for nuclear weapons and for all
weapons-useable nuclear materials in foreign
states that possess such weapons and materials.
(B) A strategy to reduce the risk of nuclear,
radiological, biological, and chemical terrorism over
the next five years, including--
(i) ensuring, to the extent practicable--
(I) the agents, precursors, and
materials needed to develop or acquire
weapons of mass destruction are placed
beyond the reach of terrorist
organizations and other malicious non-
state actors;
(II) the number of foreign states
that possess weapons of mass
destruction is declining; and
(III) the global quantity of
weapons of mass destruction and related
materials is reduced;
(ii) identifying and responding to
technological trends that may enable terrorist
or state development, acquisition, or use of
weapons of mass destruction;
(iii) a plan to prevent the proliferation
of biological weapons, weapons components, and
weapons-related materials, technology, and
expertise, which shall include activities that
facilitate detection and reporting of highly
pathogenic diseases or other diseases that are
associated with or that could be used as an
early warning mechanism for disease outbreaks
that could affect the United States or its
Armed Forces or allies, regardless of whether
such diseases are caused by biological weapons;
(iv) regional engagement to reduce nuclear,
biological, and chemical risks;
(v) engagement with foreign states, where
possible, on security for nuclear weapons and
weapons-useable nuclear and radioactive
material, including protection against insider
threats, strengthening of security culture, and
support for security performance testing; and
(vi) a recommendation to establish a joint
Department of Defense and Department of Energy
program--
(I) to assess the verification,
security, and implementation
requirements associated with potential
future arms reduction or
denuclearization accords,
(II) identify gaps in existing and
planned capabilities; and
(III) provide recommendations for
developing needed capabilities to fill
those gaps.
(3) Form.--The report required by this subsection shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Sense of Congress on Revitalizing International Nuclear
Security Programs.--It is the sense of Congress that--
(1) the United States Government should expand and
revitalize its international nuclear security programs, as
necessary;
(2) such an expanded nuclear security effort should seek to
be comprehensive and close, to the extent possible, any gaps
that exist in United States nuclear security programs; and
(3) the Secretary of State should seek to cooperate with as
many foreign states with nuclear weapons, weapons-usable
nuclear materials, or significant nuclear facilities as
possible to--
(A) ensure protection against the full spectrum of
plausible threats, including support for evaluating
nuclear security threats and measures to protect
against such threats, exchanging unclassified threat
information, holding workshops with experts from each
country, and having teams review the adequacy of
security against a range of threats;
(B) establish comprehensive, multilayered
protections against insider threats, including in-depth
exchanges on good practices in insider threat
protection, workshops, help with appropriate
vulnerability assessments, and peer review by expert
teams;
(C) establish targeted programs to strengthen
nuclear security culture;
(D) institute effective, regular vulnerability
assessments and performance testing through workshops,
peer observation of such activities in the United
States, training, and description of approaches that
have been effective; and
(E) consolidate nuclear weapons and weapons-usable
nuclear materials to the minimum practical number of
locations.
(e) Assessment of Weapons of Mass Destruction Terrorism.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of State and the Secretary of Energy, shall
seek to enter into an arrangement with the National Academy of
Sciences--
(A) to conduct an assessment of strategies of the
United States for preventing, countering, and
responding to nuclear, biological, and chemical
terrorism assess and make recommendations to improve
such strategies; and
(B) submit to the Secretary of Defense a report
that contains such assessment and recommendations.
(2) Matters to be included.--The assessment and
recommendations required by paragraph (1) shall address the
adequacy of strategies described in such paragraph and identify
technical, policy, and resource gaps with respect to--
(A) identifying national and international nuclear,
biological, and chemical risks and critical emerging
threats;
(B) preventing state-sponsored and non-state actors
from acquiring or misusing the technologies, materials,
and critical expertise needed to carry out nuclear,
biological, and chemical attacks, including dual-use
technologies, materials, and expertise;
(C) countering efforts by state-sponsored and non-
state actors to carry out such attacks;
(D) responding to nuclear, biological, and chemical
terrorism incidents to attribute their origin and help
manage their consequences;
(E) budgets likely to be required to implement
effectively such strategies; and
(F) other important matters that are directly
relevant to such strategies.
(3) Report.--
(A) In general.--The Secretary of Defense shall
submit to the appropriate congressional committees a
copy of the report received by the Secretary under
paragraph (1)(B).
(B) Form.--The report required by this paragraph
shall be submitted in unclassified form, but may
contain a classified annex.
(4) Funding.--
(A) Increase.--Notwithstanding the amounts set
forth in the funding tables in division D, the amount
authorized to be appropriated in section 301 for
research, development, test, and evaluation, as
specified in the corresponding funding table in section
4301, for Operations and Maintenance, Defense-wide,
Cooperative Threat Reduction, Line 10, is hereby
increased by $1,000,000 to carry out this subsection.
(B) Offset.--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, Air Force, admin &
servicewide activities, servicewide communications,
line 440, is hereby reduced by $1,000,000.
(f) Report on Cooperative Threat Reduction Programs.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, and annually thereafter at the same
time that the President submits the budget to Congress under
section 1105 of title 31, United States Code, the President
shall submit to the appropriate congressional committees a
report on--
(A) the programs of each Federal agency that are
intended to reduce threat of nuclear, radiological,
biological, and chemical weapons to the United States
or its Armed Forces or allies;
(B) a description of the operations of such
programs and how such programs advance the mission of
reducing the threat of nuclear, radiological,
biological, and chemical weapons to the United States
or its Armed Forces or allies; and
(C) recommendations on how to evaluate the success
of such programs, how to identify opportunities for
collaboration between such programs, how to eliminate
crucial gaps not filled by such programs, and how to
ensure that such programs are complementary to other
programs across the United States Government.
(2) Form.--The report required by this paragraph shall be
submitted in unclassified form, but may contain a classified
annex.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, Committee on Armed
Services, and Permanent Select Committee on Intelligence of the
House of Representatives; and
(2) the Committee on Foreign Relations, Committee on Armed
Services, and Select Committee on Intelligence of the Senate.
SEC. 1299K. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA.
(a) In General.--Prior to the transfer of any equipment by the
Department of Defense to a joint task force of the Guatemalan military
or national civilian police during fiscal year 2021, the Secretary of
Defense shall certify to the appropriate congressional committees that
such ministries have made a credible commitment to use such equipment
only for the uses for which they were intended.
(b) Issuing Regulations.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, in coordination with
the Administrator of the United States Agency for International
Development and the Secretary of Defense, as appropriate, shall issue
regulations requiring the inclusion of appropriate clauses for any new
foreign assistance contracts, grants, and cooperative agreements
covering the transfer of equipment to the Guatemalan military or
national civilian police, to ensure that any equipment provided by the
Department of Defense to the Guatemalan military or national civilian
police may be recovered if such equipment is used for purposes other
than those purposes for which it was provided.
(c) Exceptions and Waiver.--
(1) Exceptions.--Subsection (b) shall not apply to
humanitarian assistance, disaster assistance, or assistance to
combat corruption.
(2) Waiver.--The Secretary of State or the Secretary of
Defense, on a case by case basis, may waive the requirement
under subsection (b) if the Secretary of State or the Secretary
of Defense certifies to the appropriate congressional
committees that such waiver is important to the national
security interests of the United States.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1299L. REPORT ON FOREIGN INFLUENCE CAMPAIGNS TARGETING UNITED
STATES FEDERAL ELECTIONS.
(a) In General.--Not later than September 1, 2021, and biennially
thereafter, the Director of National Intelligence, in consultation with
the Secretary of Defense, the Secretary of State, and any other
relevant Federal agency, shall submit to the appropriate congressional
committees a report on foreign influence campaigns targeting United
States Federal elections.
(b) Matters To Be Included.--The report required by subsection (a)
shall include an analysis of the following:
(1) The patterns, tools, and techniques of foreign
influence campaigns across all platforms and the country of
origin of such campaigns.
(2) The extent of inauthentic accounts and ``bot'' networks
across platforms, including the scale to which they exist, how
platforms currently act to remove them, and what percentage
have been removed over the last year.
(3) The reach of intentional or weaponized disinformation
by inauthentic accounts and ``bot'' networks, including
analysis of amplification by users and algorithmic
distribution.
(4) The type of media that is being disseminated by the
foreign influence campaign, including fabricated or falsified
content and manipulated videos and photos, and the intended
targeted groups.
(5) The methods that have been used to mitigate engagement
and remove content.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense should provide a
briefing to congressional committees on the report required by
subsection (a).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives and the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
Subtitle H--Global Child Thrive Act of 2020
SEC. 1299M-1. SHORT TITLE.
This subtitle may be cited as the ``Global Child Thrive Act of
2020''.
SEC. 1299M-2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should continue efforts to
reduce child mortality rates and increase attention on
prevention efforts and early childhood development programs;
(2) investments in early childhood development ensure
healthy and well-developed future generations that contribute
to a country's stability, security and economic prosperity;
(3) efforts to provide training and education on nurturing
care could result in improved early childhood development
outcomes and support healthy brain development; and
(4) integration and cross-sector coordination of early
childhood development programs is critical to ensure the
efficiency, effectiveness, and continued implementation of such
programs.
SEC. 1299M-3. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY.
(a) Authorization of Assistance.--Amounts authorized to be
appropriated to carry out section 135 in chapter 1 of part 1 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for each of the
fiscal years 2021 through 2025 are authorized to be made available to
support early childhood development activities in conjunction with
relevant, existing programming, such as water, sanitation and hygiene,
maternal and child health, basic education, nutrition and child
protection.
(b) Assistance To Improve Early Childhood Incomes Globally.--
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) is amended by adding at the end the following:
``SEC. 137. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Appropriations of the
Senate;
``(B) the Committee on Foreign Relations of the
Senate;
``(C) the Committee on Appropriations of the House
of Representatives; and
``(D) the Committee on Foreign Affairs of the House
of Representatives.
``(2) Early childhood development.--The term `early
childhood development' means the development and learning of a
child younger than 8 years of age, including physical,
cognitive, social, and emotional development and approaches to
learning that allow a child to reach his or her full
developmental potential.
``(3) Early childhood development program.--The term `early
childhood development program' means a program that ensures
that every child has the conditions for healthy growth,
nurturing family-based care, development and learning, and
protection from violence, exploitation, abuse, and neglect,
which may include--
``(A) a health, clean water, sanitation, and
hygiene program that serves pregnant women, children
younger than 5 years of age, and the parents of such
children;
``(B) a nutrition program, combined with
stimulating child development activity;
``(C) age appropriate cognitive stimulation,
especially for newborns, infants, and toddlers,
including an early childhood intervention program for
children experiencing at-risk situations, developmental
delays, disabilities, and behavioral and mental health
conditions;
``(D) an early learning (36 months and younger),
preschool, and basic education program for children
until they reach 8 years of age or complete primary
school; or
``(E) a child protection program, with an emphasis
on the promotion of permanent, safe, and nurturing
families, rather than placement in residential care or
institutions, including for children with disabilities.
``(4) Federal departments and agencies.--The term `Federal
departments and agencies' means--
``(A) the Department of State;
``(B) the United States Agency for International
Development;
``(C) the Department of the Treasury;
``(D) the Department of Labor;
``(E) the Department of Education;
``(F) the Department of Agriculture;
``(G) the Department of Defense;
``(H) the Department of Health and Human Services,
including--
``(i) the Centers for Disease Control and
Prevention; and
``(ii) the National Institutes of Health;
``(I) the Millennium Challenge Corporation;
``(J) the Peace Corps; and
``(K) any other department or agency specified by
the President for the purposes of this section.
``(5) Residential care.--The term `residential care' means
care provided in any non-family-based group setting, including
orphanages, transit or interim care centers, children's homes,
children's villages or cottage complexes, group homes, and
boarding schools used primarily for care purposes as an
alternative to a children's home.
``(b) Statement of Policy.--It is the policy of the United States--
``(1) to support early childhood development in relevant
foreign assistance programs, including by integrating evidence-
based, efficient, and effective interventions into relevant
strategies and programs, in coordination with partner
countries, other donors, international organizations,
international financial institutions, local and international
nongovernmental organizations, private sector partners, civil
society, and faith-based and community-based organizations; and
``(2) to encourage partner countries to lead early
childhood development initiatives that include incentives for
building local capacity for continued implementation and
measurable results, by--
``(A) scaling up the most effective, evidence-
based, national interventions, including for the most
vulnerable populations and children with disabilities
and developmental delays, with a focus on adaptation to
country resources, cultures, and languages;
``(B) designing, implementing, monitoring, and
evaluating programs in a manner that enhances their
quality, transparency, equity, accountability,
efficiency and effectiveness in improving child and
family outcomes in partner countries; and
``(C) utilizing and expanding innovative public-
private financing mechanisms.
``(c) Implementation.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Administrator of the United
States Agency for International Development, in coordination
with the Secretary of State, shall direct relevant Federal
departments and agencies--
``(A) to incorporate, to the extent practical and
relevant, early childhood development into foreign
assistance programs to be carried out during the
following 5 fiscal years; and
``(B) to promote inclusive early childhood
development in partner countries.
``(2) Elements.--In carrying out paragraph (1), the
Administrator, the Secretary, and the heads of other relevant
Federal departments and agencies as appropriate shall--
``(A) build on the evidence and priorities outlined
in `Advancing Protection and Care for Children in
Adversity: A U.S. Government Strategy for International
Assistance 2019-2023', published in June 2019 (referred
to in this section as `APCCA');
``(B) to the extent practicable, identify evidence-
based strategic priorities, indicators, outcomes, and
targets, particularly emphasizing the most vulnerable
populations and children with disabilities and
developmental delays, to support inclusive early
childhood development;
``(C) support the design, implementation, and
evaluation of pilot projects in partner countries, with
the goal of taking such projects to scale;
``(D) support inclusive early childhood development
within all relevant sector strategies and public laws,
including--
``(i) the Global Water Strategy required
under section 136(j);
``(ii) the whole-of-government strategy
required under section 5 of the Global Food
Security Act of 2016 (22 U.S.C. 9304 note);
``(iii) the Basic Education Strategy set
forth in section 105(c);
``(iv) the U.S. Government Global Nutrition
Coordination Plan, 2016-2021; and
``(v) APCCA; and others as appropriate;
``(E) improve coordination with foreign governments
and international and regional organizations with
respect to official country policies and plans to
improve early childhood development, maternal, newborn,
and child health and nutrition care, basic education,
water, sanitation and hygiene, and child protection
plans which promote nurturing, appropriate, protective,
and permanent family care, while reducing the
percentage of children living in residential care or on
the street; and
``(F) consult with partner countries, other donors,
international organizations, international financial
institutions, local and international nongovernmental
organizations, private sector partners and faith-based
and community-based organizations, as appropriate.
``(d) Annual Report on the Implementation of the Strategy.--The
Special Advisor for Children in Adversity shall include, in the annual
report required under section 5 of the Assistance for Orphans and Other
Vulnerable Children in Developing Countries Act of 2005 (22 U.S.C.
2152g), which shall be submitted to the appropriate congressional
committees and made publicly available, a description of--
``(1) the progress made toward integrating early childhood
development interventions into relevant strategies and
programs;
``(2) the efforts made by relevant Federal departments and
agencies to implement subsection (c), with a particular focus
on the activities described in such subsection;
``(3) the progress achieved during the reporting period
toward meeting the goals, objectives, benchmarks, described in
subsection (c); and
``(4) the progress achieved during the reporting period
toward meeting the goals, objectives, benchmarks, and
timeframes described in subsection (c) at the program level,
along with specific challenges or gaps that may require shifts
in targeting or financing in the following fiscal year.
``(e) Interagency Task Force.--The Special Advisor for Assistance
to Orphans and Vulnerable Children should regularly convene an
interagency task force, to coordinate--
``(1) intergovernmental and interagency monitoring,
evaluation, and reporting of the activities carried out
pursuant to this section;
``(2) early childhood development initiatives that include
children with a variety of needs and circumstances; and
``(3) United States Government early childhood development
programs, strategies, and partnerships across relevant Federal
departments and agencies.''.
SEC. 1299M-4. SPECIAL ADVISOR FOR ASSISTANCE TO ORPHANS AND VULNERABLE
CHILDREN.
Section 135(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2152f(e)(2)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Coordinate assistance to orphans and other
vulnerable children among the relevant Executive branch
agencies and officials.''; and
(2) in subparagraph (B), by striking ``the various offices,
bureaus, and field missions within the United States Agency for
International Development'' and inserting ``the relevant
Executive branch agencies and officials''.
SEC. 1299M-5. RULE OF CONSTRUCTION.
Nothing in the amendments made by this subtitle may be construed to
restrict or abrogate any other authorization for United States Agency
for International Development activities or programs.
Subtitle I--Global Health Security Act of 2020
SEC. 1299N-1. SHORT TITLE.
This subtitle may be cited as the ``Global Health Security Act of
2020''.
SEC. 1299N-2. GLOBAL HEALTH SECURITY AGENDA INTERAGENCY REVIEW COUNCIL.
(a) Establishment.--The President shall establish a Global Health
Security Agenda Interagency Review Council (in this section referred to
as the ``Council'') to perform the general responsibilities described
in subsection (c) and the specific roles and responsibilities described
in subsection (e).
(b) Meetings.--The Council shall meet not less than four times per
year to advance its mission and fulfill its responsibilities.
(c) General Responsibilities.--The Council shall be responsible for
the following activities:
(1) Provide policy-level recommendations to participating
agencies on Global Health Security Agenda (GHSA) goals,
objectives, and implementation.
(2) Facilitate interagency, multi-sectoral engagement to
carry out GHSA implementation.
(3) Provide a forum for raising and working to resolve
interagency disagreements concerning the GHSA.
(4)(A) Review the progress toward and work to resolve
challenges in achieving United States commitments under the
GHSA, including commitments to assist other countries in
achieving the GHSA targets.
(B) The Council shall consider, among other issues, the
following:
(i) The status of United States financial
commitments to the GHSA in the context of commitments
by other donors, and the contributions of partner
countries to achieve the GHSA targets.
(ii) The progress toward the milestones outlined in
GHSA national plans for those countries where the
United States Government has committed to assist in
implementing the GHSA and in annual work-plans
outlining agency priorities for implementing the GHSA.
(iii) The external evaluations of United States and
partner country capabilities to address infectious
disease threats, including the ability to achieve the
targets outlined within the WHO Joint External
Evaluation (JEE) tool, as well as gaps identified by
such external evaluations.
(d) Participation.--The Council shall consist of representatives,
serving at the Assistant Secretary level or higher, from the following
agencies:
(1) The Department of State.
(2) The Department of Defense.
(3) The Department of Justice.
(4) The Department of Agriculture.
(5) The Department of Health and Human Services.
(6) The Department of Labor.
(7) The Department of Homeland Security.
(8) The Office of Management and Budget.
(9) The United States Agency for International Development.
(10) The Environmental Protection Agency.
(11) The Centers for Disease Control and Prevention.
(12) The Office of Science and Technology Policy.
(13) The National Institutes of Health.
(14) The National Institute of Allergy and Infectious
Diseases.
(15) Such other agencies as the Council determines to be
appropriate.
(e) Specific Roles and Responsibilities.--
(1) In general.--The heads of agencies described in
subsection (d) shall--
(A) make the GHSA and its implementation a high
priority within their respective agencies, and include
GHSA-related activities within their respective
agencies' strategic planning and budget processes;
(B) designate a senior-level official to be
responsible for the implementation of this subtitle;
(C) designate, in accordance with subsection (d),
an appropriate representative at the Assistant
Secretary level or higher to participate on the
Council;
(D) keep the Council apprised of GHSA-related
activities undertaken within their respective agencies;
(E) maintain responsibility for agency-related
programmatic functions in coordination with host
governments, country teams, and GHSA in-country teams,
and in conjunction with other relevant agencies;
(F) coordinate with other agencies that are
identified in this section to satisfy programmatic
goals, and further facilitate coordination of country
teams, implementers, and donors in host countries; and
(G) coordinate across GHSA national plans and with
GHSA partners to which the United States is providing
assistance.
(2) Additional roles and responsibilities.--In addition to
the roles and responsibilities described in paragraph (1), the
heads of agencies described in subsection (d) shall carry out
their respective roles and responsibilities described in
subsections (b) through (i) of section 3 of Executive Order No.
13747 (81 Fed. Reg. 78701; relating to Advancing the Global
Health Security Agenda to Achieve a World Safe and Secure from
Infectious Disease Threats), as in effect on the day before the
date of the enactment of this Act.
SEC. 1299N-3. UNITED STATES COORDINATOR FOR GLOBAL HEALTH SECURITY.
(a) Sense of Congress.--It is the sense of the Congress that, given
the complex and multisectoral nature of global health threats to the
United States, the President should consider appointing an individual
with significant background and expertise in public health or emergency
response management to the position of United States Coordinator for
Global Health Security, as required by subsection (b), who is an
employee of the National Security Council at the level of Deputy
Assistant to the President or higher.
(b) In General.--The President shall appoint an individual to the
position of United States Coordinator for Global Health Security, who
shall be responsible for the coordination of the interagency process
for responding to global health security emergencies. As appropriate,
the designee shall coordinate with the President's Special Coordinator
for International Disaster Assistance.
(c) Congressional Briefing.--Not less frequently than twice each
year, the employee designated under this section shall provide to the
appropriate congressional committees a briefing on the responsibilities
and activities of the individual under this section.
SEC. 1299N-4. STRATEGY AND REPORTS.
(a) Sense of Congress.--It is the sense of the Congress that, given
the complex and multisectoral nature of global health threats to the
United States, the President, in providing assistance to implement the
strategy required under subsection (c), should--
(1) coordinate, through a whole-of-government approach, the
efforts of relevant Federal departments and agencies to
implement the strategy;
(2) seek to fully utilize the unique capabilities of each
relevant Federal department and agency while collaborating with
and leveraging the contributions of other key stakeholders; and
(3) utilize open and streamlined solicitations to allow for
the participation of a wide range of implementing partners
through the most appropriate procurement mechanisms, which may
include grants, contracts, cooperative agreements, and other
instruments as necessary and appropriate.
(b) Statement of Policy.--It is the policy of the United States
to--
(1) promote global health security as a core national
security interest;
(2) advance the aims of the Global Health Security Agenda;
(3) collaborate with other countries to detect and mitigate
outbreaks early to prevent the spread of disease;
(4) encourage other countries to invest in basic resilient
and sustainable health care systems; and
(5) strengthen global health security across the
intersection of human and animal health to prevent infectious
disease outbreaks and combat the growing threat of
antimicrobial resistance.
(c) Strategy.--The United States Coordinator for Global Health
Security (appointed under section 1299N-3(b)) shall coordinate the
development and implementation of a strategy to implement the policy
aims described in subsection (b), which shall--
(1) set specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and evaluation
plans that reflect international best practices relating to
transparency, accountability, and global health security;
(2) support and be aligned with country-owned global health
security policy and investment plans developed with input from
key stakeholders, as appropriate;
(3) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of a multi-
sectoral approach to global health security;
(4) support the long-term success of programs by building
the capacity of local organizations and institutions in target
countries and communities;
(5) develop community resilience to infectious disease
threats and emergencies;
(6) leverage resources and expertise through partnerships
with the private sector, health organizations, civil society,
nongovernmental organizations, and health research and academic
institutions; and
(7) support collaboration, as appropriate, between United
States universities, and public and private institutions in
target countries and communities to promote health security and
innovation.
(d) Coordination.--The President, acting through the United States
Coordinator for Global Health Security, shall coordinate, through a
whole-of-government approach, the efforts of relevant Federal
departments and agencies in the implementation of the strategy required
under subsection (c) by--
(1) establishing monitoring and evaluation systems,
coherence, and coordination across relevant Federal departments
and agencies; and
(2) establishing platforms for regular consultation and
collaboration with key stakeholders and the appropriate
congressional committees.
(e) Strategy Submission.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, in consultation with
the head of each relevant Federal department and agency, shall
submit to the appropriate congressional committees the strategy
required under subsection (c) that provides a detailed
description of how the United States intends to advance the
policy set forth in subsection (b) and the agency-specific
plans described in paragraph (2).
(2) Agency-specific plans.--The strategy required under
subsection (c) shall include specific implementation plans from
each relevant Federal department and agency that describes--
(A) the anticipated contributions of the department
or agency, including technical, financial, and in-kind
contributions, to implement the strategy; and
(B) the efforts of the department or agency to
ensure that the activities and programs carried out
pursuant to the strategy are designed to achieve
maximum impact and long-term sustainability.
(f) Report.--
(1) In general.--Not later than 1 year after the date on
which the strategy required under subsection (c) is submitted
to the appropriate congressional committees under subsection
(e), and not later than October 1 of each year thereafter, the
President shall submit to the appropriate congressional
committees a report that describes the status of the
implementation of the strategy.
(2) Contents.--The report required under paragraph (1)
shall--
(A) identify any substantial changes made in the
strategy during the preceding calendar year;
(B) describe the progress made in implementing the
strategy;
(C) identify the indicators used to establish
benchmarks and measure results over time, as well as
the mechanisms for reporting such results in an open
and transparent manner;
(D) contain a transparent, open, and detailed
accounting of expenditures by relevant Federal
departments and agencies to implement the strategy,
including, to the extent practicable, for each Federal
department and agency, the statutory source of
expenditures, amounts expended, partners, targeted
populations, and types of activities supported;
(E) describe how the strategy leverages other
United States global health and development assistance
programs;
(F) assess efforts to coordinate United States
global health security programs, activities, and
initiatives with key stakeholders;
(G) incorporate a plan for regularly reviewing and
updating strategies, partnerships, and programs and
sharing lessons learned with a wide range of
stakeholders, including key stakeholders, in an open,
transparent manner; and
(H) describe the progress achieved and challenges
concerning the United States Government's ability to
advance the Global Health Security Agenda across
priority countries, including data disaggregated by
priority country using indicators that are consistent
on a year-to-year basis and recommendations to resolve,
mitigate, or otherwise address the challenges
identified therein.
(g) Form.--The strategy required under subsection (c) and the
report required under subsection (f) shall be submitted in unclassified
form but may contain a classified annex.
SEC. 1299N-5. COMPLIANCE WITH THE FOREIGN AID TRANSPARENCY AND
ACCOUNTABILITY ACT OF 2016.
Section 2(3) of the Foreign Aid Transparency and Accountability Act
of 2016 (Public Law 114-191; 22 U.S.C. 2394c note) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) the Global Health Security Act of 2020.''.
SEC. 1299N-6. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Global health security.--The term ``global health
security'' means activities supporting epidemic and pandemic
preparedness and capabilities at the country and global levels
in order to minimize vulnerability to acute public health
events that can endanger the health of populations across
geographical regions and international boundaries.
SEC. 1299N-7. SUNSET.
This subtitle, and the amendments made by this subtitle, (other
than section 1299N-3) shall cease to be effective on December 31, 2024.
Subtitle J--United States Nationals Unlawfully or Wrongfully Detained
Abroad
SEC. 1299O-1. SHORT TITLE.
This subtitle may be cited as the ``Robert Levinson Hostage
Recovery and Hostage-Taking Accountability Act''.
SEC. 1299O-2. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY OR
WRONGFULLY DETAINED ABROAD.
(a) Review.--The Secretary of State shall review the cases of
United States nationals detained abroad to determine if there is
credible information that they are being detained unlawfully or
wrongfully, based on criteria which may include whether--
(1) United States officials receive or possess credible
information indicating innocence of the detained individual;
(2) the individual is being detained solely or
substantially because he or she is a United States national;
(3) the individual is being detained solely or
substantially to influence United States Government policy or
to secure economic or political concessions from the United
States Government;
(4) the detention appears to be because the individual
sought to obtain, exercise, defend, or promote freedom of the
press, freedom of religion, or the right to peacefully
assemble;
(5) the individual is being detained in violation of the
laws of the detaining country;
(6) independent nongovernmental organizations or
journalists have raised legitimate questions about the
innocence of the detained individual;
(7) the United States mission in the country where the
individual is being detained has received credible reports that
the detention is a pretext for an illegitimate purpose;
(8) the individual is detained in a country where the
Department of State has determined in its annual human rights
reports that the judicial system is not independent or
impartial, is susceptible to corruption, or is incapable of
rendering just verdicts;
(9) the individual is being detained in inhumane
conditions;
(10) due process of law has been sufficiently impaired so
as to render the detention arbitrary; and
(11) United States diplomatic engagement is likely
necessary to secure the release of the detained individual.
(b) Referrals to the Special Envoy.--Upon a determination by the
Secretary of State, based on the totality of the circumstances, that
there is credible information that the detention of a United States
national abroad is unlawful or wrongful, and regardless of whether the
detention is by a foreign government or a nongovernmental actor, the
Secretary shall transfer responsibility for such case from the Bureau
of Consular Affairs of the Department of State to the Special Envoy for
Hostage Affairs created pursuant to section 1299O-3.
(c) Report.--
(1) Annual report.--
(A) In general.--The Secretary of State shall
submit to the appropriate congressional committees an
annual report with respect to United States nationals
for whom the Secretary determines there is credible
information of unlawful or wrongful detention abroad.
(B) Form.--The report required under this paragraph
shall be submitted in unclassified form, but may
include a classified annex if necessary.
(2) Composition.--The report required under paragraph (1)
shall include current estimates of the number of individuals so
detained, as well as relevant information about particular
cases, such as--
(A) the name of the individual, unless the
provision of such information is inconsistent with
section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974'');
(B) basic facts about the case;
(C) a summary of the information that such
individual may be detained unlawfully or wrongfully;
(D) a description of specific efforts, legal and
diplomatic, taken on behalf of the individual since the
last reporting period, including a description of
accomplishments and setbacks; and
(E) a description of intended next steps.
(d) Resource Guidance.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act and after consulting with relevant
organizations that advocate on behalf of United States
nationals detained abroad and the Family Engagement Coordinator
established pursuant to section 1299O-4(c)(2), the Secretary of
State shall provide resource guidance in writing for government
officials and families of unjustly or wrongfully detained
individuals.
(2) Content.--The resource guidance required under
paragraph (1) should include--
(A) information to help families understand United
States policy concerning the release of United States
nationals unlawfully or wrongfully held abroad;
(B) contact information for officials in the
Department of State or other government agencies suited
to answer family questions;
(C) relevant information about options available to
help families obtain the release of unjustly or
wrongfully detained individuals, such as guidance on
how families may engage with United States diplomatic
and consular channels to ensure prompt and regular
access for the detained individual to legal counsel,
family members, humane treatment, and other services;
(D) guidance on submitting public or private
letters from members of Congress or other individuals
who may be influential in securing the release of an
individual; and
(E) appropriate points of contacts, such as legal
resources and counseling services, who have a record of
assisting victims' families.
SEC. 1299O-3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.
(a) Establishment.--There is within the office of the Secretary of
State a Special Presidential Envoy for Hostage Affairs.
(b) Responsibilities.--The Special Presidential Envoy for Hostage
Affairs, under the supervision of the Secretary of State, shall--
(1) lead diplomatic engagement on United States hostage
policy;
(2) coordinate all diplomatic engagements in support of
hostage recovery efforts, in coordination with the Hostage
Recovery Fusion Cell and consistent with policy guidance
communicated through the Hostage Response Group;
(3) coordinate with the Hostage Recovery Fusion Cell
proposals for diplomatic engagements and strategy in support of
hostage recovery efforts;
(4) provide senior representation from the Special Envoy's
office to the Hostage Recovery Fusion Cell established under
section 1299O-4 and the Hostage Response Group established
under section 1299O-5; and
(5) in coordination with the Hostage Recovery Fusion Cell
as appropriate, coordinate diplomatic engagements regarding
cases in which a foreign government confirms that it has
detained a United States national but the United States
Government regards such detention as unlawful or wrongful.
SEC. 1299O-4. HOSTAGE RECOVERY FUSION CELL.
(a) Establishment.--The President shall establish an interagency
Hostage Recovery Fusion Cell.
(b) Participation.--The President shall direct the heads of each of
the following executive departments, agencies, and offices to make
available personnel to participate in the Hostage Recovery Fusion Cell:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Office of the Director of National Intelligence.
(6) The Federal Bureau of Investigation.
(7) The Central Intelligence Agency.
(8) Other agencies as the President, from time to time, may
designate.
(c) Personnel.--The Hostage Recovery Fusion Cell shall include--
(1) a Director, who shall be a full-time senior officer or
employee of the United States Government;
(2) a Family Engagement Coordinator who shall--
(A) work to ensure that all interactions by
executive branch officials with a hostage's family
occur in a coordinated fashion and that the family
receives consistent and accurate information from the
United States Government; and
(B) if directed, perform the same function as set
out in subparagraph (A) with regard to the family of a
United States national who is unlawfully or wrongfully
detained abroad; and
(3) other officers and employees as deemed appropriate by
the President.
(d) Duties.--The Hostage Recovery Fusion Cell shall--
(1) coordinate efforts by participating agencies to ensure
that all relevant information, expertise, and resources are
brought to bear to secure the safe recovery of United States
nationals held hostage abroad;
(2) if directed, coordinate the United States Government's
response to other hostage-takings occurring abroad in which the
United States has a national interest;
(3) if directed, coordinate or assist the United States
Government's response to help secure the release of United
States nationals unlawfully or wrongfully detained abroad; and
(4) pursuant to policy guidance coordinated through the
National Security Council--
(A) identify and recommend hostage recovery options
and strategies to the President through the National
Security Council or the Deputies Committee of the
National Security Council;
(B) coordinate efforts by participating agencies to
ensure that information regarding hostage events,
including potential recovery options and engagements
with families and external actors (including foreign
governments), is appropriately shared within the United
States Government to facilitate a coordinated response
to a hostage-taking;
(C) assess and track all hostage-takings of United
States nationals abroad and provide regular reports to
the President and Congress on the status of such cases
and any measures being taken toward the hostages' safe
recovery;
(D) provide a forum for intelligence sharing and,
with the support of the Director of National
Intelligence, coordinate the declassification of
relevant information;
(E) coordinate efforts by participating agencies to
provide appropriate support and assistance to hostages
and their families in a coordinated and consistent
manner and to provide families with timely information
regarding significant events in their cases;
(F) make recommendations to agencies in order to
reduce the likelihood of United States nationals' being
taken hostage abroad and enhance United States
Government preparation to maximize the probability of a
favorable outcome following a hostage-taking; and
(G) coordinate with agencies regarding
congressional, media, and other public inquiries
pertaining to hostage events.
(e) Administration.--The Hostage Recovery Fusion Cell shall be
located within the Federal Bureau of Investigation for administrative
purposes.
SEC. 1299O-5. HOSTAGE RESPONSE GROUP.
(a) Establishment.--The President shall establish a Hostage
Response Group, chaired by a designated member of the National Security
Council or the Deputies Committee of the National Security Council, to
be convened on a regular basis, to further the safe recovery of United
States nationals held hostage abroad or unlawfully or wrongfully
detained abroad, and to be tasked with coordinating the United States
Government response to other hostage-takings occurring abroad in which
the United States has a national interest.
(b) Membership.--The regular members of the Hostage Response Group
shall include the Director of the Hostage Recovery Fusion Cell, the
Hostage Recovery Fusion Cell's Family Engagement Coordinator, the
Special Envoy appointed pursuant to section 1299O-3, and
representatives from the Department of the Treasury, the Department of
Defense, the Department of Justice, the Federal Bureau of
Investigation, the Office of the Director of National Intelligence, the
Central Intelligence Agency, and other agencies as the President, from
time to time, may designate.
(c) Duties.--The Hostage Recovery Group shall--
(1) identify and recommend hostage recovery options and
strategies to the President through the National Security
Council;
(2) coordinate the development and implementation of United
States hostage recovery policies, strategies, and procedures;
(3) receive regular updates from the Hostage Recovery
Fusion Cell and the Special Envoy for Hostage Affairs on the
status of United States nationals being held hostage or
unlawfully or wrongfully detained abroad and measures being
taken to effect safe recoveries;
(4) coordinate the provision of policy guidance to the
Hostage Recovery Fusion Cell, including reviewing recovery
options proposed by the Hostage Recovery Fusion Cell and
working to resolve disputes within the Hostage Recovery Fusion
Cell;
(5) as appropriate, direct the use of resources at the
Hostage Recovery Fusion Cell to coordinate or assist in the
safe recovery of United States nationals unlawfully or
wrongfully detained abroad; and
(6) as appropriate, direct the use of resources at the
Hostage Recovery Fusion Cell to coordinate the United States
Government response to other hostage-takings occurring abroad
in which the United States has a national interest.
(d) Meetings.--The Hostage Response Group shall meet regularly.
(e) Reporting.--The Hostage Response Group shall regularly provide
recommendations on hostage recovery options and strategies to the
National Security Council.
SEC. 1299O-6. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to any foreign person the President
determines, based on credible evidence--
(1) is responsible for or is complicit in, or responsible
for ordering, controlling, or otherwise directing, the hostage-
taking of a United States national abroad or the unlawful or
wrongful detention of a United States national abroad; or
(2) knowingly provides financial, material, or
technological support for, or goods or services in support of,
an activity described in paragraph (1).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a) may be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subsection (a) may be subject to revocation of
any visa or other entry documentation
regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) may--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
alien's possession.
(2) Blocking of property.--
(A) In general.--The President may exercise all of
the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), to the extent necessary to block and
prohibit all transactions in property and interests in
property of a foreign person described in subsection
(a) if such property and interests in property are in
the United States, come within the United States, or
are or come within the possession or control of a
United States person.
(B) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this section.
(c) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(b)(1) shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(d) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of subsection (b)(2) or any
regulation, license, or order issued to carry out that subsection shall
be subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(e) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a person if
the President determines that--
(1) information exists that the person did not engage in
the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for the
activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.
(f) Reporting Requirement.--If the President terminates sanctions
pursuant to subsection (d), the President shall report to the
appropriate congressional committees a written justification for such
termination within 15 days.
(g) Implementation of Regulatory Authority.--The President may
exercise all authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this section.
(h) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(i) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' means--
(A) any citizen or national of a foreign country
(including any such individual who is also a citizen or
national of the United States); or
(B) any entity not organized solely under the laws
of the United States or existing solely in the United
States.
(2) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 1299O-7. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, the Committee on Banking,
Housing, and Urban Affairs, the Committee on the
Judiciary, the Committee on Armed Services, and the
Select Committee on Intelligence of the United States
Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Financial Services,
the Committee on the Judiciary, the Committee on Armed
Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) United states national.--The term ``United States
national'' means--
(A) a United States national as defined in section
101(a)(22) or section 308 of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408);
and
(B) a lawful permanent resident alien with
significant ties to the United States.
SEC. 1299O-8. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to authorize a private
right of action.
Subtitle K--Matters Relating to the Northern Triangle
SEC. 1299P-1. ACTIONS TO ADVANCE PROSPERITY IN THE NORTHERN TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of State
shall prioritize prosperity in the Northern Triangle countries by
carrying out the following initiatives:
(1) Supporting market-based solutions to eliminate
constraints to inclusive economic growth, including through
support for increased digital connectivity and the use of
financial technology, and private sector and civil society-led
efforts to create jobs and foster economic prosperity.
(2) Addressing underlying causes of poverty and inequality,
including by improving nutrition and food security, providing
health resources and access to clean water, sanitation,
hygiene, and shelter, and improving livelihoods.
(3) Responding to immediate humanitarian needs by
increasing humanitarian assistance, including through access to
clean water, sanitation, hygiene, and shelter, improving
livelihoods, and by providing health resources and improving
nutrition and food security.
(4) Supporting conservation and community resilience and
strengthening community preparedness for natural disasters and
other external shocks.
(5) Identifying, as appropriate, a role for the United
States International Development Finance Corporation, the
Millennium Challenge Corporation (MCC), the United States
Agency for International Development, and the United States
private sector in supporting efforts to increase private sector
investment and strengthen economic prosperity.
(6) Expanding comprehensive reintegration mechanisms for
repatriated individuals once returned to their countries of
origin and supporting efforts by the private sector to hire and
train eligible returnees.
(7) Establishing monitoring and verification services to
determine the well-being of repatriated children in order to
determine if United States protection and screening functioned
effectively in identifying persecuted and trafficked children.
(8) Supporting efforts to increase domestic resource
mobilization, including through strengthening of tax collection
and enforcement and legal arbitration mechanisms.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development, the President and Chief
Executive Officer of the Inter-American Foundation, the
Director of the United States Trade and Development Agency, the
Chief Executive Officer of the United States International
Development Finance Corporation, and the heads of other
relevant Federal agencies, shall submit to the appropriate
congressional committees a 5-year strategy to prioritize
prosperity in the Northern Triangle countries by carrying out
the initiatives described in subsection (a).
(2) Consultation.--In developing the strategy required
under paragraph (1), the Secretary of State shall consult with
nongovernmental organizations in the Northern Triangle
countries and the United States.
(3) Benchmarks.--The strategy required under paragraph (1)
shall include annual benchmarks to track the strategy's
progress in curbing irregular migration from the Northern
Triangle to the United States.
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy for
educating citizens of the Northern Triangle countries about
United States assistance and its benefits to them, and
informing such citizens of the dangers of illegal migration to
the United States.
(5) Annual progress updates.--Not later than 1 year after
the submission of the strategy required under paragraph (1) and
annually thereafter for 4 years, the Secretary of State shall
provide the appropriate congressional committees with a written
description of progress made in meeting the benchmarks
established in the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the website
of the Department of State.
(c) Report on Establishing an Investment Fund for the Northern
Triangle Countries and Southern Mexico.--Not later than 180 days after
the date of the enactment of this Act, the Chief Executive Officer of
the United States International Development Finance Corporation shall
submit to the appropriate congressional committees a detailed report
assessing the feasibility, costs, and benefits of the Corporation
establishing an investment fund to promote economic and social
development in the Northern Triangle countries and southern Mexico.
SEC. 1299P-2. ACTIONS TO COMBAT CORRUPTION IN THE NORTHERN TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of State
shall prioritize efforts to combat corruption in the Northern Triangle
countries by carrying out the following initiatives:
(1) Supporting anticorruption efforts, including by
strengthening national justice systems and attorneys general,
providing technical assistance to identify and prosecute money
laundering and other financial crimes, breaking up financial
holdings of organized criminal syndicates, including illegally
acquired lands and proceeds from illegal activities, and
supporting independent media and investigative reporting.
(2) Supporting anticorruption efforts through bilateral
assistance and complementary support through multilateral
anticorruption mechanisms when necessary.
(3) Encouraging cooperation agreements between the
Department of State and relevant United States Government
agencies and attorneys general to fight corruption.
(4) Supporting efforts to strengthen special prosecutorial
offices and financial institutions to combat corruption, money
laundering, financial crimes, extortion, human rights crimes,
asset forfeiture, and criminal analysis.
(5) Supporting initiatives to advance judicial integrity
and improve security for members of the judicial sector.
(6) Supporting transparent, merit-based selection processes
for prosecutors and judges and the development of professional
and merit-based civil services.
(7) Supporting the establishment or strengthening of
methods, procedures, and expectations for internal and external
control mechanisms for the security and police services and
judiciary.
(8) Supporting the adoption of appropriate technologies to
combat corruption in public finance.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development and the heads of other relevant
Federal agencies, shall submit to the appropriate congressional
committees a 5-year strategy to combat corruption in the
Northern Triangle countries by carrying out the initiatives
described in subsection (a).
(2) Consultation.--In developing the strategy required
under paragraph (1), the Secretary of State shall consult with
nongovernmental organizations in the Northern Triangle
countries and the United States.
(3) Benchmarks.--The strategy required under paragraph (1)
shall include annual benchmarks to track the strategy's
progress in curbing irregular migration from the Northern
Triangle to the United States.
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy for
educating citizens of the Northern Triangle countries about
United States assistance and its benefits to them, and
informing such citizens of the dangers of illegal migration to
the United States.
(5) Annual progress updates.--Not later than 1 year after
the submission of the strategy required under paragraph (1) and
annually thereafter for 4 years, the Secretary of State shall
provide the appropriate congressional committees with a written
description of progress made in meeting the benchmarks
established in the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the website
of the Department of State.
(c) Designation of a Senior Rule of Law Advisor for the Northern
Triangle in the Bureau of Western Hemisphere Affairs.--The Secretary of
State shall designate in the Bureau of Western Hemisphere Affairs of
the Department of State a Senior Rule of Law Advisor for the Northern
Triangle who shall lead diplomatic engagement with the Northern
Triangle countries in support of democratic governance, anticorruption
efforts, and the rule of law in all aspects of United States policy
towards the countries of the Northern Triangle, including carrying out
the initiatives described in subsection (a) and developing the strategy
required under subsection (b). The individual designated in accordance
with this subsection shall be a Department of State employee in the
Bureau of Western Hemisphere Affairs.
SEC. 1299P-3. ACTIONS TO STRENGTHEN DEMOCRATIC INSTITUTIONS IN THE
NORTHERN TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of State
shall prioritize strengthening democratic institutions, good
governance, human rights, and the rule of law in the Northern Triangle
countries by carrying out the following initiatives:
(1) Providing support to strengthen government institutions
and actors at the local and national levels to provide services
and respond to citizen needs through transparent, inclusive,
and democratic processes.
(2) Supporting efforts to strengthen access to information
laws and reform laws that currently limit access to
information.
(3) Financing efforts to build the capacity of independent
media with a specific focus on professional investigative
journalism.
(4) Ensuring that threats and attacks on journalists and
human rights defenders are fully investigated and perpetrators
are held accountable.
(5) Developing the capacity of civil society to conduct
oversight and accountability mechanisms at the national and
local levels.
(6) Training political actors committed to democratic
principles.
(7) Strengthening electoral institutions and processes to
ensure free, fair, and transparent elections.
(8) Advancing conservation principles and the rule of law
to address multiple factors, including the impacts of illegal
cattle ranching and smuggling as drivers of deforestation.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development and the heads of other relevant
Federal agencies, shall submit to the appropriate congressional
committees a strategy to support democratic governance in the
Northern Triangle countries by carrying out the initiatives
described in subsection (a).
(2) Consultation.--In developing the strategy required
under paragraph (1), the Secretary of State shall consult with
nongovernmental organizations in the Northern Triangle
countries and the United States.
(3) Benchmarks.--The strategy required under paragraph (1)
shall include annual benchmarks to track the strategy's
progress in curbing irregular migration from the Northern
Triangle to the United States.
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy for
educating citizens of the Northern Triangle countries about
United States assistance and its benefits to them, and
informing such citizens of the dangers of illegal migration to
the United States.
(5) Annual progress updates.--Not later than 1 year after
the submission of the strategy required under paragraph (1) and
annually thereafter for 4 years, the Secretary of State shall
provide the appropriate congressional committees with a written
description of progress made in meeting the benchmarks
established in the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the website
of the Department of State.
SEC. 1299P-4. ACTIONS TO IMPROVE SECURITY CONDITIONS IN THE NORTHERN
TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of State
shall prioritize security in the Northern Triangle countries by
carrying out the following initiatives:
(1) Implementing the Central America Regional Security
Initiative of the Department of State.
(2) Continuing the vetting and professionalization of
security services, including the civilian police and military
units.
(3) Supporting efforts to combat the illicit activities of
criminal gangs and transnational criminal organizations,
including MS-13 and the 18th Street Gang, through support to
fully vetted elements of attorneys general offices, appropriate
government institutions, and security services.
(4) Supporting training for fully vetted civilian police
and appropriate security services in criminal investigations,
best practices for citizen security, and human rights.
(5) Providing capacity-building to relevant security
services and attorneys general to support counternarcotics
efforts and combat human trafficking, forcible recruitment of
children and youth by gangs, gender-based violence, and other
illicit activities, including trafficking of wildlife, and
natural resources.
(6) Encouraging collaboration with regional and
international partners in implementing security assistance,
including by supporting cross-border information sharing on
gangs and transnational criminal organizations.
(7) Providing equipment, technology, tools, and training to
security services to assist in border and port inspections.
(8) Providing equipment, technology, tools, and training to
assist security services in counternarcotics and other efforts
to combat illicit activities.
(9) Continuing information sharing regarding known or
suspected terrorists and other individuals and entities that
pose a potential threat to United States national security that
are crossing through or residing in the Northern Triangle.
(10) Supporting information sharing on gangs and
transnational criminal organizations between relevant Federal,
State, and local law enforcement and the governments of the
Northern Triangle countries.
(11) Considering the use of assets and resources of United
States State and local government entities, as appropriate, to
support the activities described in this subsection.
(12) Providing thorough end-use monitoring of equipment,
technology, tools, and training provided pursuant to this
subsection.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development and the heads of other relevant
Federal agencies, shall submit to the appropriate congressional
committees a 5-year strategy to prioritize the improvement of
security in the Northern Triangle countries by carrying out the
initiatives described in subsection (a).
(2) Consultation.--In developing the strategy required
under paragraph (1), the Secretary of State shall consult with
nongovernmental organizations in the Northern Triangle
countries and the United States.
(3) Benchmarks.--The strategy required under paragraph (1)
shall include annual benchmarks to track the strategy's
progress in curbing irregular migration from the Northern
Triangle to the United States.
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy for
educating citizens of the Northern Triangle countries about
United States assistance and its benefits to them, and
informing such citizens of the dangers of illegal migration to
the United States.
(5) Annual progress updates.--Not later than 1 year after
the submission of the strategy required under paragraph (1) and
annually thereafter for 4 years, the Secretary of State shall
provide the appropriate congressional committees with a written
description of progress made in meeting the benchmarks
established in the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the website
of the Department of State.
(c) Women and Children Protection Compacts.--
(1) In general.--The President, in consultation with the
Secretary of State, the Administrator of the United States
Agency for International Development, and the heads of other
relevant Federal departments or agencies, is authorized to
enter into bilateral agreements with one or more of the
Governments of El Salvador, Guatemala, or Honduras to provide
United States assistance for the purposes of--
(A) strengthening the capacity of the justice
systems in such countries to protect women and children
fleeing domestic, gang, or drug violence and to serve
victims of domestic violence, sexual assault,
trafficking, or child abuse or neglect, including by
strengthening the capacity of such systems to hold
perpetrators accountable; and
(B) creating, securing, and sustaining safe
communities and schools in such countries, by building
on current approaches to prevent and deter violence
against women and children in such communities or
schools.
(2) Requirements.--An agreement under the authority
provided by paragraph (1)--
(A) shall establish a 3- to 6-year plan to achieve
the objectives described in subparagraphs (A) and (B)
of such paragraph;
(B) shall include measurable goals and indicators
with respect to such objectives;
(C) may not provide for any United States
assistance to be made available directly to any of the
governments of El Salvador, Guatemala, or Honduras; and
(D) may be suspended or terminated with respect to
a country or an entity receiving assistance pursuant to
the agreement, if the Secretary of State determines
that such country or entity has failed to make
sufficient progress towards the goals of the Compact.
SEC. 1299P-5. TARGETED SANCTIONS TO FIGHT CORRUPTION IN THE NORTHERN
TRIANGLE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) corruption in the Northern Triangle countries by
private citizens and select officials in local, regional, and
Federal governments significantly damages the economies of such
countries and deprives citizens of opportunities;
(2) corruption in the Northern Triangle is facilitated and
carried out not only by private citizens and select officials
from those countries but also in many instances by individuals
from third countries; and
(3) imposing targeted sanctions on individuals from
throughout the world and particularly in the Western Hemisphere
who are engaged in acts of significant corruption that impact
the Northern Triangle countries or obstruction of
investigations into such acts of corruption will benefit the
citizens and governments of such countries.
(b) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (c) with respect to a foreign person
who the President determines on or after the date of the enactment of
this Act to have knowingly engaged in significant corruption or
obstruction of investigations into such acts of corruption in a
Northern Triangle country, including the following:
(1) Corruption related to government contracts.
(2) Bribery and extortion.
(3) The facilitation or transfer of the proceeds of
corruption, including through money laundering.
(4) Acts of violence, harassment, or intimidation directed
at governmental and non-governmental corruption investigators.
(c) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The blocking, in accordance
with the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), of all transactions in all
property and interests in property of a foreign person
if such property and interests in property are in the
United States, come within the United States, or are or
come within the possession or control of a United
States person.
(B) Ineligibility for visas and admission to the
united states.--In the case of a foreign person who is
an individual, such foreign person is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(C) Current visas revoked.--
(i) In general.--The issuing consular
officer or the Secretary of State, (or a
designee of the Secretary of State) shall, in
accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), revoke any visa or other entry
documentation issued to a foreign person
regardless of when the visa or other entry
documentation is issued.
(ii) Effect of revocation.--A revocation
under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the foreign person's possession.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of a
measure imposed pursuant to paragraph (1)(A) or any regulation,
license, or order issued to carry out such paragraph shall be
subject to the penalties specified in subsections (b) and (c)
of section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) to the same extent as a person that
commits an unlawful act described in subsection (a) of such
section.
(3) Exception to comply with international obligations.--
Sanctions under subparagraph (B) and (C) of paragraph (1) shall
not apply with respect to a foreign person if admitting or
paroling such person into the United States is necessary to
permit the United States to comply with the Agreement regarding
the Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
(d) Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out
this section.
(e) National Interest Waiver.--The President may waive the
application of the sanctions under subsection (c) if the President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) submits to the appropriate congressional committees a
notice of and justification for the waiver.
(f) Termination.--The authority to impose sanctions under
subsection (b), and any sanctions imposed pursuant to such authority,
shall expire on the date that is 3 years after the date of the
enactment of this Act.
(g) Exception Relating to Importation of Goods.--The authorities
and requirements to impose sanctions authorized under this Act shall
not include the authority or requirement to impose sanctions on the
importation of goods.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, and the Committee on Financial
Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) Good.--The term ``good'' means any article, natural or
man-made substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(3) Person from a northern triangle country.--The term
``person from a Northern Triangle country'' means--
(A) a citizen of a Northern Triangle country; or
(B) an entity organized under the laws of a
Northern Triangle country or any jurisdiction within a
Northern Triangle country.
SEC. 1299P-6. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--Except as
otherwise provided, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Northern triangle.--The term ``Northern Triangle''
means the region of Central America that encompasses the
countries of El Salvador, Guatemala, and Honduras.
(3) Northern triangle countries.--The term ``Northern
Triangle countries'' means the countries of El Salvador,
Guatemala, and Honduras.
(4) Transnational criminal organization.--The term
``transnational criminal organization'' has the meaning given
the term ``significant transnational criminal organization'' in
Executive Order No. 13581 (July 24, 2011).
Subtitle L--Additional Matters Relating to NATO Allies and Partners
SEC. 1299Q-1. FOREIGN MILITARY LOAN AUTHORITY.
(a) In General.--Beginning in fiscal year 2021, subject to the
notification requirements under subsection (b) and to the availability
of appropriations, the President, acting through the Secretary of
State, is authorized--
(1) to make direct loans under section 23 of the Arms
Export Control Act (22 U.S.C. 2763) to NATO member countries
that joined the alliance after March 1, 1999, notwithstanding
the minimum interest rate required by subsection (c)(1) of such
section; and
(2) to charge fees for such loans under paragraph (1),
which shall be collected from borrowers in accordance with
section 502(7) of the Congressional Budget Act of 1974 and
which may be used to cover the costs of such loans as defined
in section 502 of the Congressional Budget Act of 1974.
(b) Notification.--A loan may not be made under the authority
provided by subsection (a) unless the Secretary of State submits to the
appropriate congressional committees a certification, not fewer than 15
days before entering into an agreement to make such loan, that--
(1) the recipient country is making demonstrable progress
toward meeting its defense spending commitments in accordance
with the 2014 NATO Wales Summit Declaration; and
(2) the government of such recipient country is respecting
that country's constitution and upholds democratic values such
as freedom of religion, freedom of speech, freedom of the
press, the rule of law, and the rights of religious minorities.
(c) Repayment.--A loan made under the authority provided by
subsection (a) shall be repaid in not more than 12 years, but may
include a grace period of up to 1 year on the repayment of the
principal.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 1299Q-2. AUTHORIZATION OF REWARDS FOR PROVIDING INFORMATION ON
FOREIGN ELECTION INTERFERENCE.
Section 36 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708) is amended--
(1) in subsection (a)(2), by inserting ``foreign election
interference,'' before ``transnational organized crime'';
(2) in subsection (b)--
(A) in paragraph (5), by striking ``or (10)'' and
inserting ``(10), or (13)'';
(B) in paragraph (11), by striking ``or'' after the
semicolon at the end;
(C) in paragraph (12)--
(i) by striking ``sections'' and inserting
``section'';
(ii) by striking ``or (b)(1)'' and
inserting ``or 2914(b)(1)''; and
(iii) by striking the period at the end and
inserting ``; or''; and
(D) by adding at the end the following new
paragraph:
``(13) the identification or location of a foreign person
that knowingly engaged or is engaging in foreign election
interference.''; and
(3) in subsection (k)--
(A) by redesignating paragraphs (3) through (8) as
paragraphs (5) through (10), respectively;
(B) by inserting after paragraph (2) the following
new paragraphs:
``(3) Foreign person.--The term `foreign person' means--
``(A) an individual who is not a United States
person; or
``(B) a foreign entity.
``(4) Foreign election interference.--The term `foreign
election interference' means conduct by a foreign person that--
``(A)(i) violates Federal criminal, voting rights,
or campaign finance law; or
``(ii) is performed by any person acting as an
agent of or on behalf of a foreign government or
criminal enterprise; and
``(B) includes any covert, fraudulent, deceptive,
or unlawful act or attempted act, or knowing use of
information acquired by theft, undertaken with the
purpose or effect of undermining public confidence in
election processes or institutions, or influencing,
undermining confidence in, or altering the result or
reported result of, a general or primary Federal,
State, or local election or caucus, including--
``(i) the campaign of a candidate; or
``(ii) a ballot measure, including an
amendment, a bond issue, an initiative, a
recall, a referral, or a referendum.''; and
(C) in paragraph (10), as so redesignated, in
subparagraph (A), by striking ``and'' after the
semicolon and inserting ``or''.
SEC. 1299Q-3. REPORT ON NATO MEMBER CONTRIBUTIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, the Secretary of Defense, and the Director of National
Intelligence, shall submit to the appropriate congressional committees
a report, in classified form but with an unclassified annex, that
provides an accounting in United States dollars and assesses the
contributions of NATO member countries to the security of the alliance.
(b) Matters To Be Included.-- The report required by subsection (a)
shall also include the following with respect to each member country:
(1) Data for the following categories from 2014 through
2019:
(A) Defense spending as a percentage of gross
domestic product (GDP).
(B) Year-to-year percent change in defense spending
as a percentage of GDP.
(C) Percentage of defense spending spent on major
equipment.
(D) Year-to-year percent change in equipment
spending as a percentage of defense spending.
(E) Total security assistance or equivalent
assistance to other NATO member countries or members of
the NATO Partnership for Peace program.
(F) Total economic and development assistance or
equivalent assistance to critical NATO partners, such
as Ukraine, Georgia, Bosnia and Herzegovina, Kosovo,
Moldova, and others.
(2) Participation in or contributions to United States or
NATO-led missions, exercises, and combat and non-combat
operations since March 24, 1999, such as the following:
(A) NATO's Enhanced Forward Presence.
(B) Global Coalition Against ISIS.
(C) NATO's Very High Readiness Joint Task Force.
(D) Operations in Afghanistan.
(3) Efforts to improve domestic conditions to facilitate
military mobility in Europe, including relevant infrastructure
and legal and regulatory conditions.
(4) Financial costs and benefits of the host countries of
United States forces in Europe, including permanent basing.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 1299Q-4. REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF
MILITARY FORCES OF UKRAINE AND RESOURCE PLAN FOR SECURITY
ASSISTANCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly submit a report to the appropriate committees of
Congress on the capability and capacity requirements of the military
forces of the Government of Ukraine, which shall include the following:
(1) An identification of the capability gaps and capacity
shortfalls of the military of Ukraine, including--
(A) an assessment of the requirements of the
Ukrainian navy to accomplish its assigned missions; and
(B) an assessment of the requirements of the
Ukrainian air force to accomplish its assigned
missions.
(2) An assessment of the relative priority assigned by the
Government of Ukraine to addressing such capability gaps and
capacity shortfalls.
(3) An assessment of the capability gaps and capacity
shortfalls that--
(A) could be addressed in a sufficient and timely
manner by unilateral efforts of the Government of
Ukraine; or
(B) are unlikely to be addressed in a sufficient
and timely manner solely through unilateral efforts.
(4) An assessment of the capability gaps and capacity
shortfalls described in paragraph (3)(B) that could be
addressed in a sufficient and timely manner by--
(A) the Ukraine Security Assistance Initiative of
the Department of Defense;
(B) Department of Defense security assistance
authorized by section 333 of title 10, United States
Code;
(C) the Foreign Military Financing and Foreign
Military Sales programs of the Department of State; or
(D) the provision of excess defense articles
pursuant to the requirements of the Arms Export Control
Act (22 U.S.C. 2751 et seq.).
(5) An assessment of the human resource requirements of the
Office of Defense Cooperation at the United States Embassy in
Kyiv and any gaps in its capacity to transmit and facilitate
security assistance to Ukraine.
(6) Any recommendations the Secretaries deem appropriate
concerning coordination of security assistance efforts of the
Department of Defense and Department of State with respect to
Ukraine.
(b) Resource Plan.--Not later than February 15, 2022, the Secretary
of State and Secretary of Defense shall jointly submit a report on
resourcing United States security assistance with respect to Ukraine,
which shall include the following:
(1) A plan to resource the following initiatives and
programs with respect to Ukraine in fiscal year 2023 and the
four succeeding fiscal years to meet the most critical
capability gaps and capacity shortfalls of the military forces
of Ukraine:
(A) The Ukraine Security Assistance Initiative of
the Department of Defense.
(B) Department of Defense security assistance
authorized by section 333 of title 10, United States
Code.
(C) The Foreign Military Financing and Foreign
Military Sales programs of the Department of State.
(D) The provision of excess defense articles
pursuant to the requirements of the Arms Export Control
Act (22 U.S.C. 2751 et seq.).
(2) With respect to the Ukrainian navy:
(A) A capability development plan, with milestones,
describing the manner in which the United States will
assist the Government of Ukraine in meeting the
requirements described in subsection (a)(1)(A).
(B) A plan for United States cooperation with third
countries and international organizations that have the
resources and ability to provide immediate assistance
to the Ukrainian navy, while maintaining
interoperability with United States platforms to the
greatest extent feasible.
(C) A plan to prioritize Excess Defense Articles
for the Ukrainian navy to the maximum extent
practicable during the time period described in
paragraph (1).
(D) An assessment of how United States security
assistance to the Ukrainian navy is in the national
security interests of the United States.
(3) With respect to the Ukrainian air force--
(A) a capability development plan, with milestones,
detailing how the United States will assist the
Government of Ukraine in meeting the requirements
described in subsection (a)(1)(B);
(B) a plan for United States cooperation with third
countries and international organizations that have the
resources and ability to provide immediate assistance
to the Ukrainian air force, while maintaining
interoperability with United States platforms to the
greatest extent feasible;
(C) a plan to prioritize excess defense articles
for the Ukraine air force to the maximum extent
practicable during the time period described in
paragraph (1);
(D) an assessment of how United States security
assistance to the Ukrainian air force is in the
national security interests of the United States.
(4) An assessment of progress on defense institutional
reforms in Ukraine, including in the Ukrainian navy and air
force, in the time period described in paragraph (1) that will
be essential for--
(A) enabling effective use and sustainment of
capabilities developed under security assistance
authorities described in this section;
(B) enhancing the defense of Ukraine's sovereignty
and territorial integrity;
(C) achieving the Government of Ukraine's stated
goal of meeting NATO standards; and
(D) allowing Ukraine to achieve its full potential
as a strategic partner of the United States.
(c) Form.--The report required under subsection (a) and the
resource plan required under subsection (b) shall each be submitted in
a classified form with an unclassified summary.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Armed Services Committees of the Senate and House
of Representatives;
(2) the Foreign Relations Committee of the Senate and the
Foreign Affairs Committee of the House of Representatives; and
(3) the Appropriations Committees of the Senate and House
of Representatives.
SEC. 1299Q-5. EFFORTS TO COUNTER MALIGN AUTHORITARIAN INFLUENCE.
(a) Sense of Congress on the Relationship Between Russia and
Serbia.--It is the sense of Congress that--
(1) the Government of Russia seeks to undermine the
security of the United States, its NATO allies, and other close
partners in Europe;
(2) the Government of Russia seeks to undermine the
legitimate interests of the United States, NATO, the European
Union, and other allied and partner governments in
strategically significant regions;
(3) the values of the Government of Russia are inconsistent
with the values of freedom, democracy, free speech, free press,
the respect for the rule of law, and other ideals that underpin
the international rules-based order formed on the basis of
Western institutions including NATO and the European Union;
(4) the Government of Russia continues its campaign to
undermine and erode the values of NATO and the European Union,
institutions that Serbia claims to strive to join;
(5) the Government of Serbia, particularly under the
leadership of President Alexander Vucic, has acted in ways that
do not comport with the values of the United States, NATO, the
European Union, and member countries of each such organization;
(6) the Government of Serbia, particularly under the
leadership of President Alexander Vucic, has continued to
deepen its military ties and cooperation with the Government of
Russia;
(7) the United States Government should, in its bilateral
engagements with the Government of Serbia, stress the
importance of Serbia reducing its military ties with Russia;
and
(8) the Government of Serbia should be sanctioned under
appropriate authorities of the Countering America's Adversaries
Through Sanctions Act of 2017 if its deepened military ties
have facilitated transactions between the Government of Serbia
and the Government of Russia that are deemed ``significant''
for purposes of such Act.
(b) Report on Malign Russian and Chinese Influence in Serbia.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of State, in consultation with the Secretary of Defense and
the Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional committees
an unclassified report, which may contain a classified annex, assessing
trends of malign influence from the governments of Russia and China in
Serbia including with respect to the following:
(1) Corruption of political institutions and political
leaders in Serbia by Russia or China.
(2) The use of propaganda, disinformation, and other
information tools to promote stronger ties between Serbia and
Russia or China or to discourage Serbia from advancing toward
greater integration with Western institutions like the European
Union.
(3) The use of foreign assistance and associated media
messaging to influence public opinion in Serbia with respect to
Russia or China.
(4) The deepening of military-to-military cooperation or
cooperation in other national security and law enforcement
sectors between Serbia and Russia or China.
(5) The expansion of economic ties between Serbia and
Russia or China, especially in the energy, mining, and
industrial sectors.
(6) The use of religious or ethnic ties to deepen relations
between Serbia and Russia.
(c) Report on Potential CAATSA Violations.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of State
shall submit to the appropriate congressional committees an
unclassified report, which may contain a classified annex, that lists
each country that has taken delivery of military equipment manufactured
in Russia since the enactment of the Countering America's Adversaries
Through Sanctions Act of 2017, and determines whether any transactions
described in the report constitute a significant transaction as
described in such Act, including countries that have--
(1) purchased of Russian equipment from the Government of
Russia;
(2) obtained Russian equipment provided by the Government
of Russia as aid, assistance, or for related purposes; or
(3) obtained Russian equipment provided by the Government
of Russia as a gift.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
Subtitle M--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020
SEC. 1299R-1. SHORT TITLE.
This subtitle may be cited as the ``Sudan Democratic Transition,
Accountability, and Fiscal Transparency Act of 2020''.
SEC. 1299R-2. DEFINITIONS.
Except as otherwise provided, in this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) International financial institutions.--The term
``international financial institutions'' means--
(A) the International Monetary Fund;
(B) the International Bank for Reconstruction and
Development;
(C) the International Development Association;
(D) the International Finance Corporation;
(E) the Inter-American Development Bank;
(F) the Asian Development Bank;
(G) the Inter-American Investment Corporation;
(H) the African Development Bank;
(I) the European Bank for Reconstruction and
Development;
(J) the Multilateral Investment Guaranty Agency;
and
(K) any multilateral financial institution,
established after the date of enactment of this Act,
that could provide financial assistance to the
Government of Sudan.
(3) Sovereignty council.--The term ``Sovereignty Council''
means the governing body of Sudan during the transitional
period that consists of--
(A) five civilians selected by the Forces of
Freedom and Change;
(B) five members selected by the Transitional
Military Council; and
(C) one member selected by agreement between the
Forces of Freedom and Change and the Transitional
Military Council.
(4) Sudanese security and intelligence services.--The term
``Sudanese security and intelligence services'' means--
(A) the Sudan Armed Forces;
(B) the Rapid Support Forces,
(C) Sudan's Popular Defense Forces and other
paramilitary units;
(D) Sudan's police forces;
(E) the General Intelligence Service, previously
known as the National Intelligence and Security
Services; and
(F) related entities, such as Sudan's Military
Industry Corporation.
(5) Transitional period.--The term ``transitional period''
means the 39-month period beginning on August 17, 2019, the
date of the signing of Sudan's constitutional charter, during
which--
(A) the members of the Sovereignty Council
described in paragraph (3)(B) select a chair of the
Council for the first 21 months of the period; and
(B) the members of the Sovereignty Council
described in paragraph (3)(A) select a chair of the
Council for the remaining 18 months of the period.
SEC. 1299R-3. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support a civilian-led political transition in Sudan
that results in a democratic government, that is accountable to
its people, respects and promotes human rights, is at peace
internally and with its neighbors, and can be a partner for
regional stability;
(2) support the implementation of Sudan's constitutional
charter for the transitional period; and
(3) pursue a strategy of calibrated engagement with Sudan
that includes--
(A) facilitating an environment for free, fair, and
credible democratic elections and a pluralistic and
representative political system;
(B) supporting reforms that improve transparency
and accountability, remove restrictions on civil and
political liberties, and strengthen the protection of
human rights, including religious freedom;
(C) strengthening civilian institutions, judicial
independence, and the rule of law;
(D) empowering civil society and independent media;
(E) promoting national reconciliation and enabling
a just, comprehensive, and sustainable peace;
(F) promoting the role of women in government, the
economy, and society, in recognition of the seminal
role that women played in the social movement that
ousted former president Omar al-Bashir;
(G) promoting accountability for genocide, war
crimes, crimes against humanity, and sexual and gender-
based violence;
(H) encouraging the development of civilian
oversight over and professionalization of the Sudanese
security and intelligence services and strengthening
accountability for human rights violations and abuses,
corruption, or other abuses of power;
(I) promoting economic reform, private sector
engagement, and inclusive economic development while
combating corruption and illicit economic activity,
including that which involves the Sudanese security and
intelligence services;
(J) securing unfettered humanitarian access across
all regions of Sudan;
(K) supporting improved development outcomes,
domestic resource mobilization, and catalyzing market-
based solutions to improve access to health, education,
water and sanitation, and livelihoods; and
(L) promoting responsible international and
regional engagement.
SEC. 1299R-4. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE OF LAW, HUMAN
RIGHTS, AND FUNDAMENTAL FREEDOMS.
(a) Sense of Congress.--It is the sense of Congress that the
political transition in Sudan, following several months of popular
protests against the regime of Omar al-Bashir, represents an
opportunity for the United States to support democracy, good
governance, rule of law, human rights, and fundamental freedoms in
Sudan.
(b) In General.--Notwithstanding any other provision of law (other
than the Trafficking Victims Protection Act of 2000 or the Child
Soldiers Prevention Act of 2008), the President is authorized to
provide assistance under part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to--
(1) provide for democracy and governance programs that
strengthen and build the capacity of representative civilian
government institutions, political parties, and civil society
in Sudan;
(2) support the organization of free, fair, and credible
elections in Sudan;
(3) provide technical support for legal and policy reforms
that improve transparency and accountability and protect human
rights, including religious freedom, and civil liberties in
Sudan;
(4) support for human rights and fundamental freedoms,
including the freedoms of religion or belief; expression,
including for members of the press, assembly; and association
in Sudan;
(5) support measures to improve and increase women's
participation in the political, economic, and social sectors of
Sudan; and
(6) support other related democracy, good governance, rule
of law, and fundamental freedom programs and activities.
(c) Authorization of Appropriations.--Of the funds authorized to be
appropriated to carry out part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et
seq.) for fiscal years 2021 and 2022, $20,000,000 is authorized to be
appropriated for each such fiscal year to carry out this section.
SEC. 1299R-5. SUPPORT FOR DEVELOPMENT PROGRAMS.
(a) In General.--Notwithstanding any other provision of law (other
than the Trafficking Victims Protection Act of 2000 or the Child
Soldiers Prevention Act of 2008), the President is authorized to
provide assistance under part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for
programs in Sudan to--
(1) increase agricultural and livestock productivity;
(2) promote economic growth, increase private sector
productivity and advance market-based solutions to address
development challenges;
(3) support women's economic empowerment and economic
opportunities for youth and previously marginalized
populations;
(4) improve equal access to quality basic education;
(5) support the capacity of universities to equip students
to participate in a pluralistic and global society through
virtual exchange and other programs;
(6) improve access to water, sanitation, and hygiene
projects;
(7) build the capacity of national and subnational
government officials to support the transparent management of
public resources, promote good governance through combating
corruption and improving accountability, increase economic
productivity, and increase domestic resource mobilization; and
(8) support other related economic assistance programs and
activities.
(b) Authorization of Appropriations.--Of the funds authorized to be
appropriated to carry out part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et
seq.) for fiscal years 2021 and 2022, $80,000,000 is authorized to be
appropriated, for each such fiscal year to carry out this section.
SEC. 1299R-6. SUPPORT FOR CONFLICT MITIGATION.
(a) In General.--Notwithstanding any other provision of law (other
than the Trafficking Victims Protection Act of 2000 or the Child
Soldiers Prevention Act of 2008), the President is authorized to
provide assistance under part I and chapters 4, 5, and 6 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et
seq., and 2348 et seq.) to--
(1) support long-term peace and stability in Sudan by
promoting national reconciliation and enabling a just,
comprehensive, and sustainable peace, especially in regions
that have been underdeveloped or affected by war, such as the
states of Darfur, South Kordofan, Blue Nile, Red Sea, and
Kassala;
(2) support civil society and other organizations working
to address conflict prevention, mitigation, and resolution
mechanisms and people-to-people reconciliation in Sudan,
especially those addressing issues of marginalization and
vulnerable groups, equal protection under the law, natural
resource management, compensation and restoration of property,
voluntary return, and sustainable solutions for displaced
persons and refugees;
(3) strengthen civilian oversight of the Sudanese security
and intelligence services and ensure that such services are not
contributing to the perpetuation of conflict in Sudan and to
the limitation of the civil liberties of all people in Sudan;
(4) assist in the human rights vetting and professional
training of security force personnel due to be employed or
deployed by the Sudanese security and intelligence services in
regions that have been underdeveloped or affected by war, such
as the states of Darfur, South Kordofan, Blue Nile, Red Sea,
and Kassala, including members of any security forces being
established pursuant to a peace agreement relating to such
regions;
(5) support provisions of the Comprehensive Peace Agreement
of 2005 and Abyei protocol, as appropriate, unless otherwise
superseded by a new agreement signed in good faith--
(A) between stakeholders in this region and the
Governments of Sudan and South Sudan to hold a free,
fair, and credible referendum on the status of Abyei;
and
(B) between stakeholders in this region and the
Government of Sudan to support popular consultations on
the status of the states of South Kordofan and Blue
Nile; and
(6) support other related conflict mitigation programs and
activities.
(b) Authorization of Appropriations.--Of the funds authorized to be
appropriated to carry out part I and chapters 4 and 6 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq.,
and 2348 et seq.) for fiscal years 2021 and 2022, $20,000,000 is
authorized to be appropriated for each such fiscal year to carry out
this section.
SEC. 1299R-7. SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST
HUMANITY, AND GENOCIDE IN SUDAN.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should conduct robust diplomatic engagement to
promote accountability and provide technical support to ensure that
credible, transparent, and independent investigations of gross
violations of human rights perpetrated by the Government of Sudan under
former President Omar al-Bashir and the Transitional Military Council
since June 30, 1989.
(b) In General.--Notwithstanding any other provision of law (other
than the Trafficking Victims Protection Act of 2000 or the Child
Soldiers Prevention Act of 2008), the President is authorized to
provide assistance under part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to--
(1) build the capacity of civilian investigators within and
outside of Sudan on how to document, investigate, develop
findings of, identify, and locate those responsible for war
crimes, crimes against humanity, or genocide in Sudan;
(2) collect, document, and protect evidence of war crimes,
crimes against humanity, and genocide in Sudan and preserve the
chain of custody for such evidence, including by providing
support for Sudanese, foreign, and international
nongovernmental organizations, and other entities engaged in
such investigative activities;
(3) build Sudan's judicial capacity to support prosecutions
in domestic courts and support investigations by hybrid or
international courts as appropriate;
(4) protect witnesses who participate in court proceedings
or other transitional justice mechanisms; and
(5) support other related conflict mitigation programs and
activities.
(c) Authorization of Appropriations.--Of the funds authorized to be
appropriated to carry out part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et
seq.), for fiscal years 2021 and 2022, $10,000,000 is authorized to be
appropriated for each such fiscal year to carry out this section.
SEC. 1299R-8. SUSPENSION OF ASSISTANCE.
(a) In General.--The President is authorized to suspend the
provision of assistance authorized under section 1299R-4, 1299R-5,
1299R-6, or 1299R-7 to the Government of Sudan if the President
determines that conditions in Sudan or the composition of the
Government of Sudan changes such that it is no longer in the United
States national interest to continue to provide such assistance.
(b) Report.--Not later than 30 days after making a determination
under subsection (a), the President shall submit to the appropriate
congressional committees a report that describes--
(1) the political and security conditions in Sudan that led
to such determination; and
(2) any planned diplomatic engagement to restart the
provision of such assistance.
SEC. 1299R-9. MULTILATERAL ASSISTANCE.
(a) Sense of the Congress.--It is the sense of the Congress that--
(1) Sudan's economic challenges are a legacy of decades of
kleptocracy, economic mismanagement, and war;
(2) Sudan's economic recovery will depend on--
(A) combating corruption and illicit economic
activity;
(B) ending internal conflicts in the states of
Darfur, South Kordofan, and Blue Nile; and
(C) promoting inclusive economic growth and
development; and
(3) the COVID-19 outbreak constitutes a grave danger to
Sudan's economic stability, public health, and food security
and jeopardizes the transition to a civilian-led government
that promotes the democratic aspirations of the Sudanese
people.
(b) Responding to the COVID-19 Outbreak.--During the transitional
period in Sudan, and notwithstanding any other provision of law, the
Secretary of the Treasury may instruct the United States Executive
Director at each international financial institution to use the voice
and vote of the United States to support loans or other utilization of
the funds of the respective institution for Sudan for the purpose of
addressing basic human needs, responding to the COVID-19 outbreak and
its impact on the country's economic stability, or promoting democracy,
governance, or public financial management in Sudan.
(c) Debt Relief.--Upon the removal of Sudan from the State Sponsors
of Terrorism List, and once the Sovereignty Council is chaired by a
civilian leader, the Secretary of the Treasury and the Secretary of
State should engage with international financial institutions and other
bilateral official creditors to advance agreement through the Heavily
Indebted Poor Countries (HIPC) Initiative to restructure, reschedule,
or cancel the sovereign debt of Sudan.
(d) Reporting Requirement.--Not later than 3 months after the date
of the enactment of this Act, and not less than every 6 months
thereafter during the transitional period, the Secretary of the
Treasury, in consultation with the Secretary of State, shall report to
the appropriate congressional committees on the extent to which the
transitional government of Sudan has taken demonstrable steps to
strengthen governance and improve fiscal transparency, including--
(1) establishing civilian control over the finances and
assets of the Sudanese security and intelligence services;
(2) developing a transparent budget that accounts for all
expenditures related to the security and intelligence services;
(3) identifying the shareholdings in all public and private
companies not exclusively dedicated to the national defense
held or managed by the security and intelligence services, and
publicly disclosing, evaluating, and transferring all such
shareholdings to the Ministry of Finance of the Government of
Sudan or to any specialized entity of the Government of Sudan
established under law for this purpose, which is ultimately
accountable to a civilian authority;
(4) ceasing the involvement of the security and
intelligence services officials, and their immediate family
members, in the illicit trade in mineral resources, including
petroleum and gold;
(5) implementing a publicly transparent methodology for the
Government of Sudan to recover, evaluate, hold, manage, or
divest any state assets and the profits derived from the assets
that may have been transferred to the National Congress Party,
an affiliate of the National Congress Party, or an official of
the National Congress Party in the individual capacity of such
an official;
(6) identifying and monitoring the nature and purpose of
offshore financial resources controlled by the security and
intelligence services; and
(7) strengthening banking regulation and supervision and
addressing anti-money laundering and counter-terrorism
financing deficiencies.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the United States Senate.
SEC. 1299R-10. COORDINATED SUPPORT TO RECOVER ASSETS STOLEN FROM THE
SUDANESE PEOPLE.
The Secretary of State, in coordination with the Secretary of the
Treasury and the Attorney General, shall seek to advance the efforts of
the Government of Sudan to recover assets stolen from the Sudanese
people, including with regard to international efforts to--
(1) identify and track assets taken from the people and
institutions of Sudan through theft, corruption, money
laundering, or other illicit means; and
(2) with respect to assets identified pursuant to paragraph
(1), work with foreign governments and international
organizations to--
(A) share financial investigations intelligence, as
appropriate;
(B) oversee and manage the assets identified
pursuant to paragraph (1);
(C) as appropriate, advance, advance civil
forfeiture litigation, including providing technical
assistance to help governments establish the necessary
legal framework to carry out asset forfeitures; and
(D) work with the Government of Sudan to ensure
that a credible mechanism is established to ensure that
any recovered assets are managed in a transparent and
accountable fashion and ultimately used for the benefit
of the Sudanese people, provided that--
(i) returned assets are not used for
partisan political purposes; and
(ii) there are robust financial management
and oversight measures to safeguard repatriated
assets.
SEC. 1299R-11. LIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY AND
INTELLIGENCE SERVICES.
(a) In General.--The President may not provide assistance (other
than assistance authorized under section 1299R-6) to the Sudanese
security and intelligence services until the President submits to
Congress a certification that the Government of Sudan has met the
conditions described in subsection (c).
(b) Exception; Waiver.--
(1) Exception.--The Secretary of State may, as appropriate
and notwithstanding any other provision of law, provide
assistance for the purpose of professionalizing the Sudanese
security and intelligence services, through institutions such
as the Africa Center for Strategic Studies and the United
States Institute of Peace.
(2) Waiver.--The President may waive the limitation on the
provision of assistance under subsection (a) if, not later than
30 days before the assistance is to be provided, the President
submits to the appropriate congressional committees--
(A) a list of the activities and participants to
which such waiver would apply;
(B) a justification that the waiver is in the
national security interest of the United States; and
(C) a certification that the participants have met
the requirements of either section 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d) for programs
funded through Department of State appropriations or
section 362 of title 10, United States Code, for
programs funded through Department of Defense
appropriations.
(c) Conditions.--
(1) In general.--The conditions described in this
subsection are that the Sudanese security and intelligence
services--
(A) have demonstrated progress in undertaking
security sector reform, including reforms that
professionalize such security and intelligence
services, improve transparency, and reforms to the laws
governing the security forces, such as of the National
Security Act of 2010 and the Sudan Armed Forces Act of
2007;
(B) support efforts to respect human rights,
including religious freedom, and hold accountable any
members of such security and intelligence services
responsible for human rights violations and abuses,
including by taking demonstrable steps to cooperate
with local or international mechanisms of
accountability, to ensure that those responsible for
war crimes, crimes against humanity, and genocide
committed in Sudan are brought to justice;
(C) are under civilian oversight, subject to the
rule of law, and are not undertaking actions to
undermine a civilian-led transitional government or an
elected civilian government;
(D) have refrained from targeted attacks against
religious or ethnic minority groups, have negotiated in
good faith during the peace process and constructively
participated in the implementation of any resulting
peace agreements, and do not impede inclusive political
participation;
(E) allow unfettered humanitarian access by United
Nations organizations and specialized agencies and
domestic and international humanitarian organizations
to civilian populations in conflict-affected areas;
(F) cooperate with the United Nations High
Commissioner for Refugees and organizations affiliated
with the United Nations to allow for the protection of
displaced persons and the safe, voluntary, sustainable,
and dignified return of refugees and internally
displaced persons; and
(G) take constructive steps to investigate all
reports of unlawful recruitment of children by Sudanese
security forces and prosecute those found to be
responsible.
(2) Form.--The certification described in subsection (a)
containing the conditions described in paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(d) Sunset.--This section shall terminate on the date that is the
earlier of--
(1) the date that is 2 years after the date of the
enactment of this Act; or
(2) the date on which the President determines that a
successful rotation of military to civilian leadership in the
Sovereignty Council has occurred.
SEC. 1299R-12. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO
CERTAIN GOVERNMENT OF SUDAN OFFICIALS AND OTHER
INDIVIDUALS.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to any senior official of the Government
of Sudan and any other foreign person that the President determines, on
or after the date of enactment of this Act--
(1) is knowingly responsible for, complicit in, or has
directly or indirectly engaged in--
(A) significant actions or policies that threaten
the peace, security, or stability of Sudan, including
through the use of armed groups;
(B) significant actions or policies that obstruct,
undermine, delay, or impede, or pose a significant risk
of obstructing, undermining, delaying, or impeding, the
civil and political rights of the Sudanese people and
the political transition in Sudan;
(C) corruption, including the misappropriation of
state assets, the expropriation of private assets for
personal gain, corruption related to government
contracts or the extraction of natural resources, or
bribery;
(D) serious human rights abuses that may include
the targeting of civilians through the commission of
acts of violence, abduction, forced displacement, or
attacks on schools, hospitals, religious sites, or
locations where civilians are seeking refuge, or a
violation of international humanitarian law; or
(E) illicit exploitation of natural resources in
Sudan;
(2) is a leader of an entity that has, or whose members
have, engaged in any activity described in subparagraphs (A)
through (E) of paragraph (1);
(3) has materially assisted, sponsored, or provided
financial, material, logistical, or technological support for,
or goods or services to or in support of--
(A) any activity described in paragraph (1); or
(B) any person whose property and interests in
property are blocked pursuant to Executive Order No.
13400 (2006); or
(4) is owned or controlled by, or has acted or purported to
act for or on behalf of, any other person whose property and
interests in property are blocked pursuant to--
(A) subsection (b)(1); or
(B) Executive Order No. 13400 (2006).
(b) Sanctions Described.--The sanctions to be imposed with respect
to any foreign person described in subsection (a) are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of the foreign person if
such property and interests in property--
(A) are in the United States;
(B) come within the United States; or
(C) come within the possession or control of a
United States person.
(2) Inadmissibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--The foreign
person is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--The visa or other entry
documentation of the foreign person shall be revoked,
regardless of when such visa or other entry
documentation is or was issued. A revocation under this
subparagraph shall take effect immediately and
automatically cancel any other valid visa or entry
documentation that is in the foreign person's
possession.
(c) Exceptions To Comply With United Nations Headquarters
Agreement.--Sanctions under subsection (b)(2) shall not apply with
respect to a foreign person described in subsection (a) if admitting or
paroling the foreign person into the United States is necessary to
permit the United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between the United
Nations and the United States, or other applicable international
obligations.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section and shall issue such
regulations, licenses, and orders as are necessary to carry out
this section.
(2) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out paragraph (1) shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(e) Waiver.--The President may waive the application of sanctions
imposed with respect to a foreign person pursuant to subsection (a) if
the President--
(1) determines that a waiver is in the national interest of
the United States; and
(2) not later than the date on which such waiver will take
effect, submits a notice of and justification for such waiver
to the appropriate congressional committees.
(f) Termination of Authority To Impose Sanctions.--The authority to
impose sanctions under this section shall terminate on the date that is
the earlier of 3 years after the date of the enactment of this Act or
the date on which the President determines and certifies to the
appropriate congressional committees that the Government of Sudan--
(1) has held free, fair, and credible general elections in
accordance with the 2019 constitutional charter for the
transitional period and a democratically elected head of state
has been sworn in and taken office;
(2) is making significant progress towards respecting the
freedoms of religion, speech, press, assembly, and association
as described in the 2019 constitutional charter for the
transitional period and toward holding free, fair, and credible
elections by the end of the transitional period;
(3) is compliant with international norms and standards
concerning the transparent allocation and disbursement of
government directed funds;
(4) respects the right to freedom of religion, speech,
press, assembly, and association for all Sudanese citizens;
(5) has ceased attacks on civilians, including through the
use of militias;
(6) has negotiated in good faith to reach formal peace
agreements with armed movements that had been in conflict with
the Government of Sudan; and
(7) has ceased any material support or assistance to groups
associated or linked to international terrorism.
(g) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(h) Exceptions to Comply With National Security.--The following
activities shall be exempt from sanctions under this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.).
(2) Any authorized intelligence or law enforcement
activities of the United States.
(i) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1001).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on Financial
Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Knowingly.--The term ``knowingly'' means, with respect
to conduct, a circumstance, or a result, that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen, an alien lawfully
admitted for permanent residence to the United States,
or any other individual subject to the jurisdiction of
the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such entity; or
(C) any person in the United States.
SEC. 1299R-13. REPORTS.
(a) Report on Accountability for Human Rights Abuses.--Not later
than 180 days after the date of the enactment of this Act, and annually
thereafter for 2 years, the President shall submit to the appropriate
congressional committees a report that--
(1) summarizes reports of gross violations of human rights,
including sexual and gender-based violence, committed against
civilians in Sudan, including members of the Sudanese security
and intelligence services or any associated militias, between
December 2018 and the date of the submission of the report;
(2) provides an update on any potential transitional
justice mechanisms in Sudan to investigate, charge, and
prosecute alleged perpetrators of gross violations of human
rights in Sudan since June 30, 1989, including with respect to
the June 3, 2019 massacre in Khartoum;
(3) provides an analysis of whether the gross violations of
human rights summarized pursuant to paragraph (1) amount to war
crimes, crimes against humanity, or genocide; and
(4) identifies specific cases since the beginning of the
transitional period in which members of the Sudanese security
and intelligence services have been charged and prosecuted for
actions that constitute gross violations of human rights
perpetrated since June 30, 1989.
(b) Report on Certain Activities and Finances of Senior Officials
of the Government of Sudan.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 1 year, the
President shall submit to the appropriate congressional committees a
report that--
(1) describes the actions and involvement of any previous
or current senior officials of the Government of Sudan since
the establishment of the transitional government in August 2019
in--
(A) directing, carrying out, or overseeing gross
violations of human rights;
(B) directing, carrying out, or overseeing the
unlawful use or recruitment of children by armed groups
or armed forces in the context of conflicts in Sudan,
Libya, Yemen, or other countries;
(C) directing, carrying out, or colluding in
significant acts of corruption;
(D) directing, carrying out, or overseeing any
efforts to circumvent the establishment of civilian
control over the finances and assets of the Sudanese
security and intelligence services; or
(E) facilitating, supporting, or financing
terrorist activity in Sudan or other countries;
(2) identifies Sudanese and foreign financial institutions,
including offshore financial institutions, in which senior
officials of the Government of Sudan whose actions are
described in paragraph (1) hold significant assets, and
provides an estimate of the value of such assets;
(3) identifies any information United States Government
agencies have obtained since August 2019 regarding persons,
foreign governments, and Sudanese or foreign financial
institutions that knowingly facilitate, finance, or otherwise
benefit from corruption or illicit economic activity in Sudan,
including the export of mineral resources, and, in particular,
if that trade is violating any United States restrictions that
remain in place by legislation or Executive order;
(4) identifies any information United States Government
agencies have obtained since August 2019 regarding senior
officials of the Government of Sudan who are personally
involved in the illicit trade in mineral resources, including
petroleum and gold; and
(5) identifies any information United States Government
agencies have obtained since August 2019 regarding individuals
or foreign governments that have provided funds to individual
members of the Sovereignty Council or the Cabinet outside of
the Central Bank of Sudan or the Ministry of Finance.
(c) Report on Sanctions Pursuant to Executive Order No. 13400.--Not
later than 180 days after the date of the enactment of this Act, the
President shall submit to the appropriate congressional committees a
report containing the names of senior Sudanese government officials
that President determines meet the criteria to be sanctionable pursuant
to Executive Order No. 13400 (71 Fed. Reg. 25483; relating to blocking
property of persons in connection with the conflict in Sudan's Darfur
region).
(d) Form.--The reports required under subsections (b) and (c) shall
be submitted in unclassified form but may include a classified annex.
SEC. 1299R-14. UNITED STATES STRATEGY FOR SUPPORT TO A CIVILIAN-LED
GOVERNMENT IN SUDAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
and the Secretary of the Treasury, shall submit to the appropriate
congressional committees a strategy that includes--
(1) a clear articulation of specific United States goals
and objectives with respect to a successful completion of the
transitional period and a plan to achieve such goals and
objectives;
(2) a description of assistance and diplomatic engagement
to support a civilian-led government in Sudan for the remainder
of the transitional period, including any possible support for
the organization of free, fair, and credible elections;
(3) an assessment of the legal and policy reforms that have
been and need to be taken by the government in Sudan during the
transitional period in order to promote--
(A) human rights;
(B) freedom of religion, speech, press, assembly,
and association; and
(C) accountability for human rights abuses,
including for sexual and gender-based violence
perpetrated by members of the Sudanese security and
intelligence services;
(4) a description of efforts to address the legal and
policy reforms mentioned in paragraph (3);
(5) a description of humanitarian and development
assistance to Sudan and a plan for coordinating such assistance
with international donors, regional partners, and local
partners;
(6) a description of monitoring and evaluation plans for
all forms of assistance to be provided under the strategy in
accordance with the monitoring and evaluation requirements of
section 4 of the Foreign Aid Transparency and Accountability
Act of 2016 (Public Law 114-191), to include a detailed
description of all associated goals and benchmarks for
measuring impact; and
(7) an assessment of security sector reforms undertaken by
the Government of Sudan, including efforts to demobilize or
integrate militias and to foster civilian control of the armed
services.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
and the Secretary of the Treasury, shall submit to the appropriate
congressional committees a report that includes--
(1) a detailed description of the efforts taken to
implement this subtitle; and
(2) recommendations for legislative or administrative
measures to facilitate the implementation of this subtitle.
SEC. 1299R-15. AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY ACT OF
2006.
Section 8(c)(1) of the Darfur Peace and Accountability Act of 2006
(Public Law 109-344; 50 U.S.C. 1701 note) is amended by striking
``Southern Sudan,'' and all that following through ``Khartoum,'' and
inserting ``Sudan''.
SEC. 1299R-16. REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE PEACE IN
SUDAN ACT.
(a) Sudan Peace Act.--Effective January 1, 2020, the Sudan Peace
Act (Public Law 107-245; 50 U.S.C. 1701 note) is repealed.
(b) Comprehensive Peace in Sudan Act.--Effective January 1, 2020,
the Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50
U.S.C. note) is repealed.
Subtitle N--Afghanistan Security and Reconstruction Transparency Act
SEC. 1299S-1. SHORT TITLE.
This subtitle may be cited as the ``Afghanistan Security and
Reconstruction Transparency Act''.
SEC. 1299S-2. PUBLIC AVAILABILITY OF DATA PERTAINING TO MEASURES OF
PERFORMANCE OF THE AFGHAN NATIONAL DEFENSE AND SECURITY
FORCES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall make publicly
available all data pertaining to measures of performance of the Afghan
National Defense and Security Forces (hereafter in this section
referred to as ``ANDSF'').
(b) Data To Be Included.--The data required to be made publicly
available by subsection (a) shall include the following:
(1) The total quarterly ANDSF attrition rate and quarterly
attrition rates for ANDSF components, including the Afghan
National Army, the Afghan National Police, the Afghan Air
Force, and the Afghan Local Police.
(2) The total number of ANDSF personnel dropped from the
rolls for the quarter and the number of personnel dropped from
the rolls by ANDSF component for the quarter.
(3) The total number of ANDSF personnel trained to date,
the number of new ANDSF personnel that entered training for the
quarter, the number of new ANDSF personnel that completed
training for the quarter, the total number of personnel trained
by ANDSF component to date, the number of new personnel by
ANDSF component that entered training for the quarter, and the
number of new personnel by ANDSF component that completed
training for the quarter.
(4) The total number and percentage of unfilled ANDSF
positions and the number and percentage of unfilled positions
by ANDSF component.
(5) The percentage of ANDSF components assessed at full
authorized and assigned strength.
(6) Detailed Afghan Ministry of Defense, Ministry of
Interior, and ANDSF performance assessments.
(7) Information about the operational readiness of Afghan
National Army and Afghan National Police equipment.
(8) Afghanistan Special Mission Wing information, including
the number and type of airframes, the number of pilots and
aircrew, and the operational readiness (and associated
benchmarks) of airframes.
(9) Enemy-initiated attacks and effective enemy-initiated
attacks on the ANDSF.
SEC. 1299S-3. DISTRICT-LEVEL STABILITY ASSESSMENTS OF AFGHAN GOVERNMENT
AND INSURGENT CONTROL AND INFLUENCE.
(a) In General.--The Secretary of Defense shall resume the
production of district-level stability assessments of Afghan government
and insurgent control and influence that were discontinued in 2018, to
include district, population, and territorial control data.
(b) Public Availability.--The Secretary of Defense shall make
publicly available the assessments and all data pertaining to the
assessments produced under subsection (a).
Subtitle O--LIFT Act
SEC. 1299T-1. SHORT TITLE.
This subtitle may be cited as the ``Leveraging Information on
Foreign Traffickers Act'' or the ``LIFT Act''.
SEC. 1299T-2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the annual Trafficking In Persons Report prepared by
the Department of State pursuant to the Trafficking Victims
Protection Act of 2000 (the ``TIP Report'') remains one of the
most comprehensive, timely, and important sources of
information on human trafficking in the world, and currently
includes 187 individual country narratives;
(2) in January 2019, the statute mandating the TIP Report
was amended to require that each report must cover efforts and
activities occurring within the period from April 1 of the
prior year through March 31 of the current year, which
necessarily requires the collection and transmission of
information after March 31;
(3) ensuring that the Department of State has adequate time
to receive, analyze, and incorporate trafficking-related
information into its annual Trafficking In Persons Report is
important to the quality and comprehensiveness of that report;
(4) information regarding prevalence and patterns of human
trafficking is important for understanding the scourge of
modern slavery and making effective decisions about where and
how to combat it; and
(5) United States officials responsible for monitoring and
combating trafficking in persons around the world should
receive available information regarding where and how often
United States diplomatic and consular officials encounter
persons who are responsible for, or who knowingly benefit from,
severe forms of trafficking in persons.
SEC. 1299T-3. ANNUAL DEADLINE FOR TRAFFICKING IN PERSONS REPORT.
Section 110(b)(1) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(b)(1)) is amended by striking ``June 1'' and inserting
``June 30''.
SEC. 1299T-4. UNITED STATES ADVISORY COUNCIL ON HUMAN TRAFFICKING.
(a) Extension.--Section 115(h) of the Justice for Victims of
Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is amended
by striking ``September 30, 2021'' and inserting ``September 30,
2025''.
(b) Compensation.--Section 115(f) of the Justice for Victims of
Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (2), by striking the period at end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) may each receive compensation for each day such
member is engaged in the actual performance of the duties of
the Council.''.
(c) Compensation Report.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall provide to the
relevant congressional committees a plan to implement compensation for
members of the United States Advisory Council on Human Trafficking
pursuant to paragraph (3) of section 115(f) of the Justice for Victims
of Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243), as added
by subsection (b).
SEC. 1299T-5. TIMELY PROVISION OF INFORMATION TO THE OFFICE TO MONITOR
AND COMBAT TRAFFICKING IN PERSONS OF THE DEPARTMENT OF
STATE.
(a) In General.--Section 106 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7104) is amended by adding at the end the
following new subsection:
``(l) Information Regarding Human Trafficking-Related Visa
Denials.--
``(1) In general.--The Secretary of State shall ensure that
the Office to Monitor and Combat Trafficking in Persons and the
Bureau of Diplomatic Security of the Department of State
receive timely and regular information regarding United States
visa denials based, in whole or in part, on grounds related to
human trafficking.
``(2) Decisions regarding allocation.--The Secretary of
State shall ensure that decisions regarding the allocation of
resources of the Department of State related to combating human
trafficking and to law enforcement presence at United States
diplomatic and consular posts appropriately take into account--
``(A) the information described in paragraph (1);
and
``(B) the information included in the most recent
report submitted in accordance with section 110(b).''.
(b) Conforming Amendment.--Section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102) is amended by adding at the end
the following new paragraph:
``(18) Grounds related to human trafficking.--The term
`grounds related to human trafficking' means grounds related to
the criteria for inadmissibility to the United States described
in subsection (a)(2)(H) of section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182).''.
SEC. 1299T-6. REPORTS TO CONGRESS.
(a) Initial Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall provide to the
relevant congressional committees a report that--
(1) describes the actions that have been taken and that are
planned to implement subsection (l) of section 106 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104), as
added by section 1299T-5; and
(2) identifies by country and by United States diplomatic
and consular post the number of visa applications denied during
the previous calendar year with respect to which the basis for
such denial, included grounds related to human trafficking (as
such term is defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102), as amended by section
1299T-5(b)).
(b) Annual Report.--Beginning with the first annual anti-
trafficking report required under subsection (b)(1) of section 110 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107; enacted
as division A of the Victims of Trafficking and Violence Protection Act
of 2000) that is submitted after the date of the enactment of this Act
and concurrent with each such subsequent submission for the following 7
years, the Secretary of State shall submit to the relevant
congressional committees a report that contains information relating to
the number and the locations of United States visa denials based, in
whole or in part, on grounds related to human trafficking (as such term
is defined in section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102), as amended by section 1299T-5(b)) during the
period covered by each such annual anti-trafficking report.
SEC. 1299T-7. DEFINITIONS.
In this subtitle:
(1) Locations of united states visa denials.--The term
``location of United States visa denials'' means--
(A) the United States diplomatic or consular post
at which a denied United States visa application was
adjudicated; and
(B) the city or locality of residence of the
applicant whose visa application was so denied.
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE THREAT
REDUCTION FUNDS.
(a) Funding Allocation.--Of the $373,690,000 authorized to be
appropriated to the Department of Defense for fiscal year 2021 in
section 301 and made available by the funding table in division D for
the Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense Cooperative
Threat Reduction Act (50 U.S.C. 3711), the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $2,924,000.
(2) For chemical weapons destruction, $12,856,000.
(3) For global nuclear security, $33,919,000.
(4) For cooperative biological engagement, $216,200,000.
(5) For proliferation prevention, $79,869,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $27,922,000.
(b) Specification of Cooperative Threat Reduction Funds.--Funds
appropriated pursuant to the authorization of appropriations in section
301 and made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program shall be
available for obligation for fiscal years 2021, 2022, and 2023.
SEC. 1302. SENSE OF CONGRESS REGARDING BIOLOGICAL THREAT REDUCTION AND
COOPERATIVE BIOLOGICAL ENGAGEMENT OF THE COOPERATIVE
THREAT REDUCTION PROGRAM.
It is the sense of Congress that--
(1) keeping Americans safe means ensuring that global
health security is prioritized as a national security issue;
(2) as highlighted by the 2017 National Security Strategy
of the United States, biological threats, whether ``deliberate
attack, accident, or a natural outbreak'', are growing threats
and ``require actions to address them at their source'' through
programs carried out by cooperative engagement, such as working
``with partners to ensure that laboratories that handle
dangerous pathogens have in place safety and security
measures'';
(3) the 2017 National Security Strategy of the United
States appropriately affirms the importance of supporting
advancements in biomedical innovation while mitigating harm
caused by advanced bioweapons and capabilities;
(4) the intrinsically linked nature of biological threats,
whether naturally occurring, accidental, or deliberate,
underscores the relationship between the Global Health Security
Strategy of the United States and the National Biodefense
Strategy, and the national security tools used to prevent and
mitigate these threats must be similarly connected;
(5) biological threats are a critical emerging threat
against the United States and addressing these threats through
cooperative programs is an opportunity to achieve long-standing
nonproliferation goals;
(6) cooperative programs to address biological threats
through improved global capacity in the areas of biosafety,
biosecurity, bio-surveillance, research oversight, and related
legislative and regulatory frameworks have become even more
important as the world faces increasing availability of and
advancements in biotechnology, which has broad dual-use and
proliferation implications;
(7) under the Cooperative Threat Reduction Program of the
Department of Defense established under the Department of
Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et
seq.), Congress authorized the Secretary of Defense to address
such threats through activities to prevent, detect, and report
on highly pathogenic diseases or other diseases, ``regardless
of whether such diseases are caused by biological weapons'';
(8) in 2014, President Obama declared the Ebola virus
disease epidemic a national security priority and exercised the
authority under such Program to build capacity that mitigated
the imminent threat posed by the Ebola virus disease and
established capabilities required to prevent future outbreaks;
(9) many of the prevention, detection, and response
capacities built in response to the Ebola virus disease
epidemic are also those used to prevent, detect, and respond to
the use of biological weapons abroad;
(10) continuing to use cooperative engagement programs is
in the national security interests of the United States because
of the important relationships established between the United
States and partner countries, which are based on ideals such as
transparency, information sharing, and a shared responsibility
in advancing global security;
(11) the recent coronavirus disease 2019 (COVID-19) global
pandemic has illustrated the dire consequences resulting from a
single disease that knows no boundaries, impacting the United
States economy and the health of United States citizens and
members of the Armed Forces, both domestically and abroad;
(12) in light of the impacts caused by COVID-19, and
following two congressionally mandated reports that call for
better implementation of the biological cooperative engagement
programs of the United States and the National Biodefense
Strategy (the report published by the Government Accountability
Office on March 11, 2020, titled ``National Biodefense
Strategy: Opportunities and Challenges with Early
Implementation'' and the report published by the National
Academies of Sciences, Engineering, and Medicine on April 14,
2020, titled ``A Strategic Vision for Biological Threat
Reduction: The U.S. Department of Defense and Beyond''), it is
of utmost importance that such programs are given due and
increased prioritization for national security purposes; and
(13) the Secretary of Defense and the Secretary of State
should make every effort to prioritize and advance the
determination, concurrence, and notification processes under
the Department of Defense Cooperative Threat Reduction Act (50
U.S.C. 3701 et seq.) to provide for necessary new country
determinations in a timely manner and be responsive to emerging
biological threats.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2021
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2021 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2021 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the Defense Health Program for use of the Armed Forces and other
activities and agencies of the Department of Defense for providing for
the health of eligible beneficiaries, as specified in the funding table
in section 4501.
SEC. 1406. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the National Defense Sealift Fund, as specified in the funding
tables in section 4501.
Subtitle B--Other Matters
SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH
CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated by section 1405 and available for the Defense Health
Program for operation and maintenance, $137,000,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b)
of such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2021
from the Armed Forces Retirement Home Trust Fund the sum of $70,300,000
for the operation of the Armed Forces Retirement Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2021 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2021
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the funding
table in section 4102.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4202.
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4302.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for,
military personnel accounts, as specified in the funding table in
section 4402.
SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4502.
SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2021 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4502.
SEC. 1508. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2021 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4502.
SEC. 1509. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2021 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4502.
Subtitle B--Financial Matters
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1512. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2021 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $2,500,000,000.
(b) Terms and Conditions.--
(1) In general.--Transfers under this section shall be
subject to the same terms and conditions as transfers under
section 1001.
(2) Additional limitation on transfers from the national
guard and reserve equipment.--The authority provided by
subsection (a) may not be used to transfer any amount from
National Guard and Reserve Equipment.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle C--Other Matters
SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and Reporting
Requirements.--Funds available to the Department of Defense for the
Afghanistan Security Forces Fund for fiscal year 2021 shall be subject
to the conditions contained in--
(1) subsections (b) through (f) of section 1513 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 428); and
(2) section 1521(d)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2577) (as amended by subsection (b)).
(b) Extension of Prior Notice and Reporting Requirements.--Section
1521(d)(1) of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 2577) is amended by striking
``through January 31, 2021'' and inserting ``through January 31,
2023''.
(c) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that is
procured using amounts authorized to be appropriated for the
Afghanistan Security Forces Fund by this Act and is intended
for transfer to the security forces of the Ministry of Defense
and the Ministry of the Interior of the Government of
Afghanistan, but is not accepted by such security forces.
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under the authority provided by
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination that such equipment was
procured for the purpose of meeting requirements of the
security forces of the Ministry of Defense and the Ministry of
the Interior of the Government of Afghanistan, as agreed to by
both the Government of Afghanistan and the Government of the
United States, but is no longer required by such security
forces or was damaged before transfer to such security forces.
(3) Elements of determination.--In making a determination
under paragraph (2) regarding equipment, the Commander of
United States forces in Afghanistan shall consider alternatives
to the acceptance of such equipment by the Secretary. An
explanation of each determination, including the basis for the
determination and the alternatives considered, shall be
included in the relevant quarterly report required under
paragraph (5).
(4) Treatment as department of defense stocks.--Equipment
accepted under the authority provided by paragraph (1) may be
treated as stocks of the Department of Defense upon
notification to the congressional defense committees of such
treatment.
(5) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act and every 90-day
period thereafter during which the authority provided
by paragraph (1) is exercised, the Secretary shall
submit to the congressional defense committees a report
describing the equipment accepted during the period
covered by such report under the following:
(i) This subsection.
(ii) Section 1521(b) of the National
Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2575).
(iii) Section 1531(b) of the National
Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1088).
(iv) Section 1532(b) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3613).
(v) Section 1531(d) of the National Defense
Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 127 Stat. 938; 10 U.S.C. 2302
note).
(B) Elements.--Each report under subparagraph (A)
shall include a list of all equipment that was accepted
during the period covered by such report and treated as
stocks of the Department of Defense and copies of the
determinations made under paragraph (2), as required by
paragraph (3).
(d) Security of Afghan Women.--
(1) In general.--Of the funds available to the Department
of Defense for the Afghan Security Forces Fund for fiscal year
2021, it is the goal that $29,100,000, but in no event less
than $10,000,000, shall be used for the recruitment,
integration, retention, training, and treatment of women in the
Afghan National Defense and Security Forces.
(2) Types of programs and activities.--Such programs and
activities may include--
(A) efforts to recruit and retain women into the
Afghan National Defense and Security Forces, including
the special operations forces;
(B) programs and activities of the Directorate of
Human Rights and Gender Integration of the Ministry of
Defense of Afghanistan and the Office of Human Rights,
Gender and Child Rights of the Ministry of Interior of
Afghanistan;
(C) development and dissemination of gender and
human rights educational and training materials and
programs within the Ministry of Defense and the
Ministry of Interior of Afghanistan;
(D) efforts to address harassment and violence
against women within the Afghan National Defense and
Security Forces;
(E) improvements to infrastructure that address the
requirements of women serving in the Afghan National
Defense and Security Forces, including appropriate
equipment for female security and police forces, and
transportation for policewomen to their station;
(F) support for Afghanistan National Police Family
Response Units;
(G) security provisions for high-profile female
police and military officers;
(H) programs to promote conflict prevention,
management, and resolution through the meaningful
participation of Afghan women in the Afghan National
Defense and Security Forces, by exposing Afghan women
and girls to the activities of and careers available
with such forces, encouraging their interest in such
careers, or developing their interest and skills
necessary for service in such forces; and
(I) enhancements to Afghan National Defense and
Security Forces recruitment programs for targeted
advertising with the goal of increasing the number of
female recruits.
(e) Assessment of Afghanistan Progress on Objectives.--
(1) Assessment required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretary of State, submit to
the Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Armed Services and the Committee on Foreign Relations of the
Senate an assessment describing--
(A) the progress of the Government of the Islamic
Republic of Afghanistan toward meeting shared security
objectives; and
(B) the efforts of the Government of the Islamic
Republic of Afghanistan to manage, employ, and sustain
the equipment and inventory provided under subsection
(a).
(2) Matters to be included.--In conducting the assessment
required by paragraph (1), the Secretary of Defense shall
include each of the following:
(A) The extent to which the Government of
Afghanistan has a strategy for, and has taken steps
toward, increased accountability and the reduction of
corruption within the Ministry of Defense and the
Ministry of Interior of Afghanistan.
(B) The extent to which the capability and capacity
of the Afghan National Defense and Security Forces have
improved as a result of Afghanistan Security Forces
Fund investment, including through training, and an
articulation of the metrics used to assess such
improvements.
(C) The extent to which the Afghan National Defense
and Security Forces have been able to increase pressure
on the Taliban, al-Qaeda, the Haqqani network, the
Islamic State of Iraq and Syria-Khorasan, and other
terrorist organizations, including by re-taking
territory, defending territory, and disrupting attacks.
(D) The distribution practices of the Afghan
National Defense and Security Forces and whether the
Government of Afghanistan is ensuring that supplies,
equipment, and weaponry supplied by the United States
are appropriately distributed to, and employed by,
security forces charged with fighting the Taliban and
other terrorist organizations.
(E) A description of--
(i) the policy governing the use of
Acquisition and Cross Servicing Agreements
(ACSA) in Afghanistan;
(ii) each ACSA transaction by type, amount,
and recipient for calendar year 2020; and
(iii) for any transactions from the United
States to Afghan military forces, an
explanation for why such transaction was not
carried out under the authorities of the
Afghanistan Security Forces Fund.
(F) The extent to which the Government of
Afghanistan has designated the appropriate staff,
prioritized the development of relevant processes, and
provided or requested the allocation of resources
necessary to support a peace and reconciliation process
in Afghanistan.
(G) A description of the ability of the Ministry of
Defense and the Ministry of Interior of Afghanistan to
manage and account for previously divested equipment,
including a description of any vulnerabilities or
weaknesses of the internal controls of such Ministry of
Defense and Ministry of Interior and any plan in place
to address shortfalls.
(H) A description of any significant irregularities
in the divestment of equipment to the Afghan National
Defense and Security Forces during the period beginning
on May 1, 2020, and ending on May 1, 2021, including
any major losses of such equipment or any inability on
the part of the Afghan National Defense and Security
Forces to account for equipment so procured.
(I) A description of the sustainment and
maintenance costs required during the 5-year period
beginning on the date of the enactment of this Act, for
major weapons platforms previously divested, and a
description of the plan for the Afghan National Defense
and Security Forces to maintain such platforms in the
future.
(J) The extent to which the Government of
Afghanistan is adhering to conditions for receiving
assistance established in annual financial commitment
letters or any other bilateral agreements with the
United States.
(K) The extent to which the Government of
Afghanistan has made progress in achieving security
sector benchmarks as outlined by the United States-
Afghan Compact (commonly known as the ``Kabul
Compact'') and a description of any other documents,
plans, or agreements used by the United States to
measure security sector progress.
(L) The extent to which the Government of
Afghanistan or the Secretary has developed a plan to
integrate former Taliban fighters into the Ministries
of Defense or Interior.
(M) Such other factors as the Secretaries consider
appropriate.
(N) The extent to which the Government of
Afghanistan has prioritized the development of relevant
processes to combat gross human rights violation and to
promote religious freedom and peace in Afghanistan.
(O) The extent to which the Afghan National Defense
and Security Forces have been able to promote religious
freedom by increasing pressure on the Taliban, al-
Qaeda, the Haqqani network, the Islamic State of Iraq
and Syria-Khorasan, and other terrorist organizations
by connecting regional peace with the practice of
freedom of religion or belief.
(3) Form.--The assessment required by paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(4) Withholding of assistance for insufficient progress.--
(A) In general.--If the Secretary of Defense
determines, in coordination with the Secretary of State
and pursuant to the assessment under paragraph (1),
that the Government of Afghanistan has made
insufficient progress in the areas described in
paragraph (2), the Secretary of Defense shall--
(i) withhold $401,500,000, to be derived
from amounts made available for assistance for
the Afghan National Defense and Security
Forces, from expenditure or obligation until
the date on which the Secretary certifies to
the congressional defense committees that the
Government of Afghanistan has made sufficient
progress; and
(ii) notify the congressional defense
committees not later than 30 days before
withholding such funds.
(B) Waiver.--If the Secretary of Defense determines
that withholding such assistance would impede the
national security objectives of the United States by
prohibiting, restricting, delaying, or otherwise
limiting the provision of assistance, the Secretary may
waive the withholding requirement under subparagraph
(A) if the Secretary, in coordination with the
Secretary of State, certifies such determination to the
congressional defense committees not later than 30 days
before the effective date of the waiver.
(f) Additional Reporting Requirements.--The Secretary of Defense
shall include in the materials submitted in support of the budget for
fiscal year 2022 that is submitted by the President under section
1105(a) of title 31, United States Code, each of the following:
(1) The amount of funding provided in fiscal year 2020
through the Afghanistan Security Forces Fund to the Government
of Afghanistan in the form of direct government-to-government
assistance or on-budget assistance for the purposes of
supporting any entity of such government, including the Afghan
National Defense and Security Forces, the Afghan Ministry of
Interior, or the Afghan Ministry of Defense.
(2) The amount of funding provided and anticipated to be
provided, as of the date of the submission of the materials, in
fiscal year 2021 through such Fund in such form.
(3) To the extent the amount described in paragraph (2)
exceeds the amount described in paragraph (1), an explanation
as to the reason why the such amount is greater and the
specific entities and purposes that were supported by such
increase.
SEC. 1522. REPORT ON TRANSITIONING FUNDING.
The Secretary of Defense shall include, in the materials submitted
in support of the budget of the President (submitted to Congress
pursuant to section 1105 of title 31, United States Code) for fiscal
year 2022--
(1) a description of each program funded in fiscal year
2021 using amounts authorized to be appropriated for overseas
contingency operations under this title;
(2) the manner and extent to which the Secretary plans to
shift the funding of each such program in the ensuing fiscal
years to use amounts authorized to be appropriated other than
for overseas contingency operations being carried out by the
Armed Forces, disaggregated by fiscal year; and
(3) a plan to return all overseas contingency operations
funding to the base budget, as appropriate, in accordance with
the future-years defense plan set forth in the budget of the
President for fiscal year 2021.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) Phase Two Acquisition Strategy.--In carrying out the phase two
acquisition strategy, the Secretary of the Air Force--
(1) may not change the mission performance requirements;
(2) may not change the acquisition schedule;
(3) may not award phase two contracts after September 30,
2024;
(4) shall award phase two contracts to not more than two
National Security Space Launch providers;
(5) shall ensure that launch services are procured only
from National Security Space Launch providers that meet the
requirements for the phase two contracts;
(6) not later than 180 days after the date on which phase
two contracts are awarded, shall terminate launch service
agreement contracts awarded under such phase two acquisition
strategy to each National Security Space Launch provider that
is not a down-selected National Security Launch provider; and
(7) may not increase the total amount of funding included
in the initial launch service agreements with down-selected
National Security Launch providers.
(b) Reusability.--
(1) Certification.--Not later than 18 months after the date
on which the Secretary determines the down-selected National
Security Space Launch providers, the Secretary shall certify to
the appropriate congressional committees that the Secretary has
completed all non-recurring design validation of previously
flown launch hardware for National Security Space Launch
providers offering such hardware for use in phase two contracts
or in future national security space missions.
(2) Report.--Not later than 180 days after the date on
which the Secretary determines the down-selected National
Security Space Launch providers, the Secretary shall submit to
the appropriate congressional committees a report on the
progress of the Secretary with respect to completing all non-
recurring design validation of previously flown launch hardware
described in paragraph (1), including--
(A) a justification for any deviation from the new
entrant certification guide; and
(B) a description of such progress with respect to
National Security Space Launch providers that are not
down-selected National Security Space Launch providers,
if applicable.
(c) Funding for Certification, Infrastructure, and Technology
Development.--
(1) Authority.--Pursuant to section 2371b of title 10,
United States Code, not later than September 30, 2021, the
Secretary of the Air Force shall enter into three agreements
described in paragraph (3) with National Security Space Launch
providers--
(A) to maintain competition in order to maximize
the likelihood of at least three National Security
Space Launch providers competing for phase three
contracts; and
(B) to support innovation for national security
launches under phase three contracts.
(2) Competitive procedures.--The Secretary shall carry out
paragraph (1) by conducting a full and open competition among
all National Security Space Launch providers that may submit
bids for a phase three contract.
(3) Agreements.--An agreement described in this paragraph
is an agreement that provides a National Security Space Launch
provider with not more than $150,000,000 for the provider to
conduct either or both of the following activities:
(A) Meet the certification and infrastructure
requirements that are--
(i) unique to national security space
missions; and
(ii) necessary for a phase three contract.
(B) Develop transformational technologies in
support of the national security space launch
capability for phase three contracts (such as
technologies regarding launch, maneuver, and transport
capabilities for enhanced resiliency and security
technologies, as identified in the National Security
Launch Architecture study of the Space and Missile
Systems Center of the Space Force).
(4) Report.--Not later than 30 days after the date on which
the Secretary enters into an agreement under paragraph (1), the
Secretary shall submit to the appropriate congressional
committees a report explaining how the Secretary determined the
certification and infrastructure requirements and the
transformational technologies covered under paragraph (3).
(d) Briefing.--Not later than December 31, 2020, the Secretary
shall provide to the congressional defense committees a briefing on the
progress made by the Secretary in ensuring that full and open
competition exists for phase three contracts, including--
(1) a description of progress made to establish the
requirements for phase three contracts, including such
requirements that the Secretary determines cannot be met by the
commercial market;
(2) whether the Secretary determines that additional
development funding will be necessary for such phase;
(3) a description of the estimated costs for the
development described in subparagraphs (A) and (B) of
subsection (c)(3); and
(4) how the Secretary will--
(A) ensure full and open competition for technology
development for phase three contracts; and
(B) maintain competition.
(e) Rule of Construction.--Nothing in this section may be construed
to delay the award of phase two contracts.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
(2) The term ``down-selected National Security Launch
provider'' means a National Security Space Launch provider that
the Secretary of the Air Force selected to be awarded phase two
contracts.
(3) The term ``phase three contract'' means a contract
awarded using competitive procedures for launch services under
the National Security Space Launch program after fiscal year
2024.
(4) The term ``phase two acquisition strategy'' means the
process by which the Secretary of the Air Force enters into
phase two contracts during fiscal year 2020, orders launch
missions during fiscal years 2020 through 2024, and carries out
such launches under the National Security Space Launch program.
(5) The term ``phase two contract'' means a contract
awarded during fiscal year 2020 using competitive procedures
for launch missions ordered under the National Security Space
Launch program during fiscal years 2020 through 2024.
SEC. 1602. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
Section 2534(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(7) Star tracker.--A star tracker used in a satellite
weighing more than 400 pounds whose principle purpose is to
support the national security, defense, or intelligence needs
of the United States Government.''.
SEC. 1603. COMMERCIAL SPACE DOMAIN AWARENESS CAPABILITIES.
(a) Procurement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall procure
commercial space domain awareness services by awarding at least two
contracts for such services.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2021 for the enterprise
space battle management command and control, not more than 75 percent
may be obligated or expended until the date on which the Secretary of
Defense, without delegation, certifies to the congressional committees
that the Secretary of the Air Force has awarded the contracts under
subsection (a).
(c) Report.--Not later than January 31, 2021, the Chief of Space
Operations, in coordination with the Secretary of the Air Force, shall
submit to the congressional defense committees a report detailing the
commercial space domain awareness services, data, and analytics of
objects in low-earth orbit that have been purchased during the two-year
period preceding the date of the report. The report shall be submitted
in unclassified form.
(d) Commercial Space Domain Awareness Services Defined.--In this
section, the term ``commercial space domain awareness services'' means
space domain awareness data, processing software, and analytics derived
from best-in-breed commercial capabilities to address warfighter
requirements in low-earth orbit and fill gaps in current space domain
capabilities of the Space Force, including commercial capabilities to--
(1) provide conjunction and maneuver alerts;
(2) monitor breakup and launch events; and
(3) detect and track objects smaller than 10 centimeters in
size.
SEC. 1604. RESPONSIVE SATELLITE INFRASTRUCTURE.
(a) In General.--The Secretary of Defense shall establish a
domestic responsive satellite manufacturing capability for Department
of Defense space operations to be used--
(1) for the development of components, systems, structures,
and payloads necessary to reconstitute a national security
space asset that has been destroyed, failed, or otherwise
determined to be incapable of performing mission requirements;
and
(2) to rapidly acquire and field necessary space-based
capabilities needed to maintain continuity of national security
space missions and limit capability disruption to the
warfighter.
(b) Plan for Responsive Satellite Infrastructure.--The Secretary of
Defense, in consultation with the Secretary of the Air Force, the Chief
of Space Operations, and the Commander of United States Space Command,
shall develop an operational plan and acquisition strategy for
responsive satellite infrastructure to swiftly identify need, develop
capability, and launch a responsive satellite to fill a critical
capability gap in the event of destruction or failure of a space asset
or otherwise determined need.
(c) Matters Included.--The plan outlined under subsection (b) shall
include the following:
(1) A process for determining whether the reconstitution of
a space asset is necessary.
(2) The timeframe in which a developed satellite is
determined to be ``responsive''.
(3) A plan to leverage domestic commercial entities in the
``new space'' supply chain that have already demonstrated rapid
satellite product development and delivery capability to meet
new ``mission responsiveness'' requirements being passed down
by Department of Defense prime satellite contractors in--
(A) power systems and solar arrays;
(B) payloads and integration features; and
(C) buses and structures.
(4) An assessment of acquisition requirements and standards
necessary for commercial entities to meet Department of Defense
validation of supply chains, processes, and technologies while
operating under rapid development cycles needed to maintain a
responsive timeframe as determined by paragraph (2).
(5) Such other matters as the Secretary considers
appropriate.
(d) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report detailing the plan under subsection (b).
SEC. 1605. POLICY TO ENSURE LAUNCH OF SMALL-CLASS PAYLOADS.
(a) In General.--The Secretary of Defense shall establish a small
launch and satellite policy to ensure responsive and reliable access to
space through the processing and launch of Department of Defense small-
class payloads.
(b) Policy.--The policy under subsection (a) shall include, at a
minimum, providing resources and policy guidance to sustain--
(1) the availability of small-class payload launch service
providers using launch vehicles capable of delivering into
space small payloads designated by the Secretary of Defense as
a national security payload;
(2) a robust small-class payload space launch
infrastructure and industrial base;
(3) the availability of rapid, responsive, and reliable
space launches for national security space programs to--
(A) improve the responsiveness and flexibility of a
national security space system;
(B) lower the costs of launching a national
security space system; and
(C) maintain risks of mission success at acceptable
levels;
(4) a minimum number of dedicated launches each year; and
(5) full and open competition including small launch
providers and rideshare opportunities.
(c) Acquisition Strategy.--The Secretary shall develop and carry
out a 5-year phased acquisition strategy, including near and long term,
for the small launch and satellite policy under subsection (a).
(d) Elements.--The acquisition strategy under subsection (c)
shall--
(1) provide the necessary--
(A) stability in budgeting and acquisition of
capabilities;
(B) flexibility to the Federal Government; and
(C) procedures for fair competition; and
(2) specifically take into account, as appropriate per
competition, the effect of--
(A) contracts or agreements for launch services or
launch capability entered into by the Department of
Defense with small-class payload space launch
providers;
(B) the requirements of the Department of Defense,
including with respect to launch capabilities and
pricing data, that are met by such providers;
(C) the cost of integrating a satellite onto a
launch vehicle;
(D) launch performance history (at least three
successful launches of the same launch vehicle design)
and maturity;
(E) ability of a launch provider to provide the
option of dedicated and rideshare launch capabilities;
and
(F) any other matters the Secretary considers
appropriate.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report describing a plan for the policy under
subsection (a), including with respect to the cost of launches and an
assessment of mission risk.
SEC. 1606. TACTICALLY RESPONSIVE SPACE LAUNCH OPERATIONS.
The Secretary of the Air Force shall implement a tactically
responsive space launch program--
(1) to provide long-term continuity for tactically
responsive space launch operations across the future-years
defense program submitted to Congress under section 221 of
title 10, United States Code;
(2) to accelerate the development of--
(A) responsive launch concepts of operations;
(B) tactics;
(C) training; and
(D) procedures;
(3) to develop appropriate processes for tactically
responsive space launch, including--
(A) mission assurance processes; and
(B) command and control, tracking, telemetry, and
communications; and
(4) to identify basing capabilities necessary to enable
tactically responsive space launch, including mobile launch
range infrastructure.
SEC. 1607. LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE PROGRAM
FOR MULTI-GLOBAL NAVIGATION SATELLITE SYSTEM RECEIVER
DEVELOPMENT.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2021 for increment 2 of the acquisition
of military Global Positioning System user equipment terminals, not
more than 80 percent may be obligated or expended until the date on
which the Secretary of Defense--
(1) certifies to the congressional defense committees that
the Secretary of the Air Force is carrying out the program
required under section 1607 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1724); and
(2) provides to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on how the
Secretary is implementing such program, including with respect
to addressing each element specified in subsection (b) of such
section.
SEC. 1608. LIMITATION ON AWARDING CONTRACTS TO ENTITIES OPERATING
COMMERCIAL TERRESTRIAL COMMUNICATION NETWORKS THAT CAUSE
INTERFERENCE WITH THE GLOBAL POSITIONING SYSTEM.
The Secretary of Defense may not enter into a contract, or extend
or renew a contract, with an entity that engages in commercial
terrestrial operations using the 1525-1559 megahertz band or the
1626.5-1660.5 megahertz band unless the Secretary has certified to the
congressional defense committees that such operations do not cause
harmful interference to a Global Positioning System device of the
Department of Defense.
SEC. 1609. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO THE GLOBAL POSITIONING SYSTEM.
(a) Findings.--Congress finds the following:
(1) On April 19, 2020, the Federal Communications
Commission issued an order and authorization granting Ligado
Networks LLC the authority to operate a nationwide terrestrial
communications network using the 1526-1536 megahertz band, the
1627.5-1637.5 megahertz band, or the 1646.5-1656.5 megahertz
band.
(2) In an attempt to address interference to the Global
Positioning System operating near those bands, Ligado Networks
LLC has committed to assuming the costs mitigating any
interference caused by their network.
(3) In the approval order, the Federal Communications
Commission directed that ``Ligado takes all necessary
mitigation measures to prevent or remediate any potential
harmful interference to U.S. Government devices, including
devices used by the military, that are identified both pre- and
post-deployment of Ligado's network.''.
(4) In a letter to the Committee on Armed Services of the
House of Representatives dated May 21, 2020, Ligado Networks
LLC reaffirmed the commitment to bear the costs to the
Department of Defense, stating that the ``FCC directed Ligado
to provide protections to GPS devices using its spectrum by
imposing stringent coordination, cooperation, and replacement
obligations on Ligado, so that Ligado bears the burden'' and
``Make no mistake: the obligation is ours, and the burden falls
solely on our company.''.
(b) Prohibition.--Except as provided by subsection (c), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2021 or any subsequent fiscal year for the
Department of Defense may be obligated or expended to retrofit any
Global Positioning System device or system, or network that uses the
Global Positioning System, in order to mitigate interference from
commercial terrestrial operations using the 1526-1536 megahertz band,
the 1627.5-1637.5 megahertz band, or the 1646.5-1656.5 megahertz band.
(c) Actions Not Prohibited.--The prohibition in subsection (a)
shall not apply to any action taken by the Secretary of Defense
relating to--
(1) conducting technical or information exchanges with the
entity that operates the commercial terrestrial operations in
the megahertz bands specified in such subsection;
(2) seeking compensation for interference from such entity;
or
(3) Global Positioning System receiver upgrades needed to
address other resiliency requirements.
SEC. 1610. REPORT ON RESILIENT PROTECTED COMMUNICATIONS SATELLITES.
(a) Findings.--Congress finds the following:
(1) The national command, control, and communications
system of the Department of Defense is essential to the
national security of the United States.
(2) The Department of Defense requires the space segments
of such system to be resilient and survivable to address
advanced threats from Russia and China.
(3) The next-generation overhead persistent infrared
missile warning satellites are being upgraded with enhanced
resiliency features to make them much less vulnerable to attack
and will begin launch in 2025.
(4) Because missile warning satellites rely on protected
communications satellites to relay warnings and response
orders, the next-generation overhead persistent infrared
missile warning satellites will require protected
communications satellites with enhanced resiliency features,
however, the current plan of the Space Force is to provide
those capabilities with the evolved strategic satellite
communications program that will not be available until 2032 or
later.
(5) As a result, the Chief of Space Operations should
implement an accelerated plan to achieve more resilient
protected communications satellites without delay.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Chief of Space Operations shall submit to the
congressional defense committees a report on how the Space Force will
address the need for resilient protected communications satellites
during the years 2025 through 2032.
SEC. 1610A. PERMANENT PERSONNEL MANAGEMENT AUTHORITY FOR SPACE
DEVELOPMENT AGENCY FOR EXPERTS IN SCIENCE AND
ENGINEERING.
(a) Program Authorized for Space Development Agency.--Section
1599h(a) of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(7) SDA.--The Director of the Space Development Agency
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 research and
development projects and to enhance the administration and
management of the Agency.''.
(b) Personnel Management Authority.--Section 1599h(b)(1) of such
title is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by inserting ``and'' after the semicolon at the end of
subparagraph (F); and
(3) by adding at the end the following new subparagraph:
``(G) in the case of the Space Development Agency,
appoint individuals to a total of not more than 10
positions in the Agency, of which not more than 5 such
positions may be positions of administration or
management of the Agency;''.
SEC. 1610B. REPORT ON EFFECT OF COVID-19 ON SPACE INDUSTRIAL BASE AND
SPACE PROGRAMS OF DEPARTMENT OF DEFENSE.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the current and projected effects of COVID-19 on
the space industrial base and the space programs of Department of
Defense. The report shall include an assessment of each of the
following:
(1) COVID-19 related and associated impacts to cost,
timeline, and performance to the space industrial base and the
space programs of Department, including with respect to--
(A) procurement and acquisition;
(B) research, development, test, and evaluation;
(C) partnerships with non-Federal governmental
entities, such as universities and not-for-profit
organizations; and
(D) labor force disruptions;
(2) Regional and sector-specific disruptions and concerns.
(3) Current mitigation strategies by both the Federal
Government and industry.
(4) Any supplemental disaster appropriations requirements
to mitigate impacts to such programs.
(5) Recommendations to address risks and threats to the
Federal Government and industry relating to such impacts.
SEC. 1610C. SATELLITE GROUND NETWORK FREQUENCY LICENSING.
(a) Report on Department of Defense Satellite Antenna Frequency
Licensing Processes.--
(1) Reporting requirement.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of the Air Force
and the Chief of Space Operations, shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate, and to any other appropriate congressional
committee upon request, a report on the Department's processes
and procedures for identifying and securing frequency licenses
for national security space ground assets.
(2) Matters included.--The report provided under paragraph
(1) shall address the following:
(A) An assessment of current processes, procedures,
requirements, timelines, and entities necessary to
coordinate and secure frequency licensing for
Department of Defense space ground antenna and assets.
(B) A plan to address and streamline procedures
regarding the ingestion and licensing of commercial
industry antenna in support of the augmentation of
existing network capacity.
(C) A review of FOUO classification requirements
for information and specifications related to the items
addressed within this report.
(D) Such other matters as the Secretary considers
appropriate.
(b) Designation of Antenna Specifications.--Not later than 1 year
after the date of enactment of this Act, the Secretary of the Air
Force, in coordination with the Chief of Space Operations (CSO), shall
identify and re-designate controlled unclassified information regarding
details and technical antenna specifications, necessary to complete
National Telecommunications and Information Administration (NTIA),
Federal Communication Commission (FCC), and Friendly Nation frequency
licensing processes, so that such information may be shared in regards
to the guidelines of ``Distribution Statement A'' as defined by DoDI
5230.24.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1611. VALIDATION OF CAPABILITY REQUIREMENTS OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
Section 442 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Validation.--The National Geospatial-Intelligence Agency
shall assist the Joint Chiefs of Staff, combatant commands, and the
military departments in establishing, coordinating, consolidating, and
validating mapping, charting, geodetic data, and safety of navigation
capability requirements through a formal process governed by the Joint
Staff. Consistent with validated requirements, the National Geospatial-
Intelligence Agency shall provide aeronautical and nautical charts that
are safe for navigation, maps, books, datasets, models, and geodetic
products.''.
SEC. 1612. SAFETY OF NAVIGATION MISSION OF THE NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.
(a) Mission of National Geospatial-Intelligence Agency.--Section
442 of title 10, United States Code, as amended by section 1611, is
further amended--
(1) in subsection (b)--
(A) by striking ``means of navigating vessels of
the Navy and the merchant marine'' and inserting ``the
means for safe navigation''; and
(B) by striking ``and inexpensive nautical charts''
and all that follows and inserting ``geospatial
information for use by the departments and agencies of
the United States, the merchant marine, and navigators
generally.''; and
(2) in subsection (c)--
(A) by striking ``shall prepare and'' and inserting
``shall acquire, prepare, and'';
(B) by striking ``charts'' and inserting ``safe-
for-navigation charts and datasets''; and
(C) by striking ``geodetic'' and inserting
``geomatics''.
(b) Maps, Charts, and Books.--
(1) In general.--Section 451 of title 10, United States
Code, is amended--
(A) in the heading, by striking ``and books'' and
inserting ``books, and datasets'';
(B) in paragraph (1), by striking ``maps, charts,
and nautical books'' and inserting ``nautical and
aeronautical charts, topographic and geomatics maps,
books, models, and datasets''; and
(C) by amending paragraph (2) to read as follows:
``(2) acquire (by purchase, lease, license, or barter) all
necessary rights, including copyrights and other intellectual
property rights, required to prepare, publish, and furnish to
navigators the products described in paragraph (1).''.
(2) Table of sections amendment.--The table of sections at
the beginning of subchapter II of chapter 22 of title 10,
United States Code, is amended by striking the item relating to
section 451 and inserting the following new item:
``451. Maps, charts, books, and datasets.''.
(c) Civil Actions Barred.--Section 456 of title 10, United States
Code, is amended by striking subsections (a) and (b) and inserting the
following:
``No civil action may be brought against the United States on the
basis of the content of geospatial information prepared or disseminated
by the National Geospatial-Intelligence Agency.''.
(d) Definitions.--Section 467 of title 10, United States Code, is
amended--
(1) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
inserting ``or about'' after ``boundaries on'';
(B) in subparagraph (A), by striking
``statistical''; and
(C) in subparagraph (B)--
(i) by striking ``geodetic'' and inserting
``geomatics''; and
(ii) by inserting ``and services'' after
``products''; and
(2) in paragraph (5), by inserting ``or about'' after
``activities on''.
SEC. 1613. NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE.
(a) In General.--The Under Secretary of Defense for Intelligence
and Security, in coordination with the Director of National
Intelligence, shall enter into a joint agreement with the Academies to
create a new ``National Academies Climate Security Roundtable'' (in
this section referred to as the ``roundtable'').
(b) Participants.--The roundtable shall include--
(1) the members of the Climate Security Advisory Council
established under section 120 of the National Security Act of
1947 (50 U.S.C. 3060);
(2) senior representatives and practitioners from Federal
science agencies, elements of the intelligence community, and
the Department of Defense, who are not members of the Council;
and
(3) key stakeholders in the United States scientific
enterprise, including institutions of higher education, Federal
research laboratories (including the national security
laboratories), industry, and nonprofit research organizations.
(c) Purpose.--The purpose of the roundtable is--
(1) to support the duties and responsibilities of the
Climate Security Advisory Council under section 120(c) of the
National Security Act of 1947 (50 U.S.C. 3060(c));
(2) to develop best practices for the exchange of data,
knowledge, and expertise among elements of the intelligence
community, elements of the Federal Government that are not
elements of the intelligence community, and non-Federal
researchers;
(3) to facilitate dialogue and collaboration about relevant
collection and analytic priorities among participants of the
roundtable with respect to climate security;
(4) to identify relevant gaps in the exchange of data,
knowledge, or expertise among participants of the roundtable
with respect to climate security, and consider viable solutions
to address such gaps; and
(5) to provide any other assistance, resources, or
capabilities that the Director of National Intelligence or the
Under Secretary determines necessary with respect to the
Council carrying out the duties and responsibilities of the
Council under such section 120(c).
(d) Meetings.--The roundtable shall meet at least quarterly, in
coordination with the meetings of the Climate Security Advisory Council
under section 120(c)(1) of the National Security Act of 1947 (50 U.S.C.
3060(c)(1)).
(e) Reports and Briefings.--The joint agreement under subsection
(a) shall specify that--
(1) the roundtable shall organize workshops, on at least a
biannual basis, that include both participants of the
roundtable and persons who are not participants, and may be
conducted in classified or unclassified form in accordance with
subsection (f);
(2) on a regular basis, the roundtable shall produce
classified and unclassified reports on the topics described in
subsection (c) and the activities of the roundtable, and other
documents in support of the duties and responsibilities of the
Climate Security Advisory Council under section 120(c) of the
National Security Act of 1947 (50 U.S.C. 3060(c));
(3) the Academies shall provide recommendations by
consensus to the Council on both the topics described in
subsection (c) and specific topics as identified by
participants of the roundtable;
(4) not later than March 1, 2021, and annually thereafter
during the life of the roundtable, the Academies shall provide
a briefing to the appropriate congressional committees on the
progress and activities of the roundtable; and
(5) not later than September 30, 2025, the Academies shall
submit a final report to the appropriate congressional
committees on the activities of the roundtable.
(f) Security Clearances.--Each participant of the roundtable shall
have a security clearance at the appropriate level to carry out the
duties of the participant under this section. A person who is not a
participant who attends a workshop under subsection (e)(1) is not
required to have a security clearance, and the roundtable shall ensure
that any such workshop is held at the appropriate classified or
unclassified level.
(g) Termination.--The roundtable shall terminate on September 30,
2025.
(h) Definitions.--In this section:
(1) The term ``Academies'' means the National Academies of
Sciences, Engineering, and Medicine.
(2) The term ``appropriate congressional committees''
means--
(A) the Committee on Science, Space, and
Technology, the Committee on Armed Services, the
Committee on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, the
Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate.
(3) The term ``Federal science agency'' means any agency or
department of the Federal Government with at least $100,000,000
in basic and applied research obligations in fiscal year 2019.
(4) The term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(5) The term ``national security laboratory'' has the
meaning given the term in section 4002 of the Atomic Energy
Defense Act (50 U.S.C. 2501).
SEC. 1614. REPORT ON RISK TO NATIONAL SECURITY POSED BY QUANTUM
COMPUTING TECHNOLOGIES.
(a) Report.--
(1) Requirement.--Not later than December 31, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report containing an assessment of the current and
potential threats and risks posed by quantum computing
technologies. The Secretary shall conduct the assessment in a
manner that allows the Secretary to better understand and
prepare to counter the risks of quantum computing to national
security.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) An identification of national security systems
that are vulnerable to current and potential threats
and risks posed by quantum computing technologies.
(B) An assessment of quantum-resistant
cryptographic standards, including a timeline for the
development of such standards.
(C) An assessment of the feasibility of alternate
quantum-resistant models.
(D) A description of any funding shortfalls in
public and private efforts to develop such standards
and models.
(E) Recommendations to counter the threats and
risks posed by quantum computing technologies that
prioritize, secure, and resource the defense of
national security systems identified under subparagraph
(A).
(b) Briefings.--During the period preceding the date on which the
Secretary submits the report under subsection (a), the Secretary shall
include in the quarterly briefings under section 484 of title 10,
United States Code, an update on the assessment conducted under such
subsection.
(c) Form.--The report under subsection (a) may be submitted in
classified form.
Subtitle C--Cyberspace-Related Matters
SEC. 1621. CYBER MISSION FORCES AND CYBERSPACE OPERATIONS FORCES.
Subsection (a) of section 238, title 10, United States Code, is
amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary'' and inserting
``Not later than five days after the submission by the
President under section 1105(a) of title 31 of the
budget, the Secretary'';
(B) by inserting ``in both electronic and print
formats'' after ``submit''; and
(C) by striking ``2017'' and inserting ``2021'';
(2) in paragraph (1), by inserting ``and the cyberspace
operations forces'' before the semicolon; and
(3) in paragraph (2), by inserting ``and the cyberspace
operations forces'' before the period.
SEC. 1622. CYBERSPACE SOLARIUM COMMISSION.
Section 1652 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232), is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by--
(i) striking clauses (i) through (iv); and
(ii) redesignating clauses (v) through
(viii) as clauses (i) through (iv),
respectively; and
(B) in subparagraph (B)(i), by striking ``and who
are appointed under clauses (iv) through (vii) of
subparagraph (A)'';
(2) in subsection (d)(2), by striking ``Seven'' and
inserting ``Six'';
(3) in subsection (h), by--
(A) striking ``(1) In general.--(A)''; and
(B) striking paragraph (2);
(4) in subsection (i)(1)(B), by striking ``officers or
employees of the United States or''; and
(5) in subsection (k)(2)--
(A) in subparagraph (A), by striking ``at the end
of the 120-day period beginning on'' and inserting ``2
years after'';
(B) in subparagraph (B), by--
(i) striking ``may use the 120-day'' and
inserting ``shall use the 2-year'';
(ii) striking ``for the purposes of
concluding its activities, including providing
testimony to Congress concerning the final
report referred to in that paragraph and
disseminating the report'' and inserting the
following: ``for the purposes of--'':
``(i) collecting and assessing comments and
feedback from the Executive Branch, academia,
and the public on the analysis and
recommendations contained in the Commission's
report;
``(ii) collecting and assessing any
developments in cybersecurity that may affect
the analysis and recommendations contained in
the Commission's report;
``(iii) reviewing the implementation of the
recommendations contained in the Commission's
report;
``(iv) revising, amending, or making new
recommendations based on the assessments and
reviews required under clauses (i)-(iii);
``(v) providing an annual update to the
congressional defense committees, the
congressional intelligence committees, the
Committee on Homeland Security of the House of
Representatives, the Committee on Homeland
Security and Governmental Affairs of the
Senate, the Director of National Intelligence,
the Secretary of Defense, and the Secretary of
Homeland Security in a manner and format
determined by the Commission regarding any such
revisions, amendments, or new recommendations;
and
``(vi) concluding its activities, including
providing testimony to Congress concerning the
final report referred to in that paragraph and
disseminating the report.''; and
(C) by adding at the end the following new
subparagraph:
``(C) If the Commission is extended, and the effective date
of such extension is after the date on which the Commission
terminated, the Commission shall be deemed reconstituted with
the same members and powers that existed on the day before such
termination date, except that--
``(i) a member of the Commission may serve only if
the member's position continues to be authorized under
subsection (b);
``(ii) no compensation or entitlements relating to
a person's status with the Commission shall be due for
the period between the termination and reconstitution
of the Commission;
``(iii) nothing in this subparagraph may be
construed as requiring the extension or reemployment of
any staff member or contractor working for the
Commission;
``(iv) the staff of the Commission shall be--
``(I) selected by the co-chairs of the
Commission in accordance with subsection
(h)(1);
``(II) comprised of not more than four
individuals, including a staff director; and
``(III) resourced in accordance with
subsection (g)(4)(A);
``(v) with the approval of the co-chairs, may be
provided by contract with a nongovernmental
organization;
``(vi) any unexpended funds made available for the
use of the Commission shall continue to be available
for use for the life of the Commission, as well as any
additional funds appropriated to the Department of
Defense that are made available to the Commission,
provided that the total such funds does not exceed
$1,000,000 from the reconstitution of the Commission to
the completion of the Commission; and
``(vii) the requirement for an assessment of the
final report in subsection (l) shall be updated to
require annually for a period of 2 years further
assessments of the Federal Government's responses to
the Commission's recommendations contained in such
final report.''.
SEC. 1623. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Navy, in conjunction with
the Chief of Naval Operations, shall submit to the congressional
defense committees a study of the Navy Cyber Warfare Development Group
(NCWDG).
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An examination of NCWDG's structure, manning,
authorities, funding, and operations.
(2) A review of organizational relationships both within
the Navy and to other Department of Defense organizations, as
well as non-Department of Defense organizations.
(3) Recommendations for how the NCWDG can be strengthened
and improved, without growth in size.
(c) Designation.--Notwithstanding any other provision of law, the
Secretary of the Navy shall designate the NCWDG as a screened command.
(d) Release.--The Secretary of the Navy shall transmit the study
required under subsection (a) to the secretaries of the military
services and the Commander of United States Special Operations Command.
(e) Exemplar.--The service secretaries and the Commander of United
States Special Operations Command are authorized to establish
counterpart tailored cyberspace operations organizations of comparable
size to the NCWDG within the military service or command, respectively,
of each such secretary and Commander. Such counterpart organizations
shall have the same authorities as the NCWDG. Not later than 30 days
after receipt by each of the service secretaries and the Commander
under subsection (d) of the study required under subsection (a), each
such service secretary and Commander, as the case may be, shall brief
the congressional defense committees regarding whether or not each such
service secretary or Commander intends to utilize the authority under
this subsection.
SEC. 1624. RESPONSIBILITY FOR THE SECTOR RISK MANAGEMENT AGENCY
FUNCTION OF THE DEPARTMENT OF DEFENSE.
(a) Definitions.--
(1) In general.--In this section:
(A) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in
section 1016(e) of the Uniting and Strengthening
America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act
of 2001 (42 U.S.C. 5195c(e)).
(B) Sector risk management agency.--The term
``Sector Risk Management Agency'' means a Federal
department or agency designated as a Sector Specific
Agency under Presidential Policy Directive-21 to be
responsible for providing institutional knowledge and
specialized expertise to, as well as leading,
facilitating, or supporting, the security and
resilience programs and associated activities of its
designated critical infrastructure sector in the all-
hazards environment.
(2) Reference.--Any reference to a Sector-Specific Agency
in any law, regulation, map, document, record, or other paper
of the United States shall be deemed to be a reference to the
Sector Risk Management Agency of the Federal Government for the
relevant critical infrastructure sector.
(b) Designation.--The Secretary of Defense shall designate the
Principal Cyber Advisor of the Department of Defense as the lead
official, and the Office of the Principal Cyber Advisor as the lead
component, for the Department's role and functions as the Sector Risk
Management Agency for the Defense Industrial Base.
(c) Responsibilities.--As the lead official for the Department of
Defense's Sector Risk Management Agency functions, the Principal Cyber
Advisor of the Department shall be responsible for all activities
performed by the Department in its support of the Defense Industrial
Base, as one of the critical infrastructure sectors of the United
States. Such activities shall include the following:
(1) Synchronization, harmonization, de-confliction, and
management for the execution of all Department programs,
initiatives, efforts, and communication related to the
Department's Sector Risk Management Agency function, including
any Department program, initiative, or effort that addresses
the cybersecurity of the Defense Industrial Base.
(2) Leadership and management of the Defense Industrial
Base Government Coordinating Council.
(3) Direct interface and sponsorship of the Defense
Industrial Base Sector Coordinating Council.
(4) Organization of quarterly in-person meetings of both
the Defense Industrial Base Government Coordinating Council and
the Defense Industrial Base Sector Coordinating Council.
(d) Additional Functions.--In carrying out this section, the
Principal Cyber Advisor of the Department of Defense shall--
(1) coordinate with relevant Federal departments and
agencies, and collaborate with critical infrastructure owners
and operators, where appropriate with independent regulatory
agencies, and with State, local, territorial, and Tribal
entities, as appropriate;
(2) serve as a day-to-day Federal interface for the dynamic
prioritization and coordination of sector-specific activities;
(3) carry out incident management responsibilities;
(4) provide, support, or facilitate technical assistance
and consultations for the Defense Industrial Base to identify
cyber or physical vulnerabilities and help mitigate incidents,
as appropriate; and
(5) support the statutorily required reporting requirements
of such relevant Federal departments and agencies by providing
to such departments and agencies on an annual basis sector-
specific critical infrastructure information.
SEC. 1625. DEPARTMENT OF DEFENSE CYBER WORKFORCE EFFORTS.
(a) Resources for Cyber Education.--
(1) In general.--The Chief Information Officer of the
Department of Defense, in consultation with the Director of the
National Security Agency (NSA), shall examine the current
policies permitting National Security Agency employees to use
up to 140 hours of paid time toward NSA's cyber education
programs.
(2) Report.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Chief
Information Officer shall submit to the congressional
defense committees and the congressional intelligence
committees a strategy for expanding the policies
described in paragraph (1) to--
(i) individuals who occupy positions
described in section 1599f of title 10, United
States Code; and
(ii) any other individuals who the Chief
Information Officer determines appropriate.
(B) Implementation plan.--The report required under
subparagraph (A) shall detail the utilization of the
policies in place at the National Security Agency, as
well as an implementation plan that describes the
mechanisms needed to expand the use of such policies to
accommodate wider participation by individuals
described in such subparagraph. Such implementation
plan shall detail how such individuals would be able to
connect to the instructional and participatory
opportunities available through the efforts, programs,
initiatives, and investments accounted for in the
report required under section 1649 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92), including the following programs:
(i) GenCyber.
(ii) Centers for Academic Excellence -
Cyber Defense.
(iii) Centers for Academic Excellence -
Cyber Operations.
(C) Deadline.--Not later than 120 days after the
submission of the report required under subparagraph
(A), the Chief Information Officer of the Department of
Defense shall carry out the implementation plan
contained in such report.
(b) Improving the Training With Industry Program.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Principal Cyber Advisor of the
Department of Defense, in consultation with the Principal Cyber
Advisors of the military services and the Under Secretary of
Defense for Personnel and Readiness, shall submit to the
congressional defense committees a review of the current
utilization and utility of the Training With Industry (TWI)
programs, including relating to the following:
(A) Recommendations regarding how to improve and
better utilize such programs, including regarding
individuals who have completed such programs.
(B) An implementation plan to carry out such
recommendations.
(2) Additional.--Not later than 90 days after the
submission of the report required under paragraph (1), the
Principal Cyber Advisor of the Department of Defense shall
carry out the implementation plan required under paragraph (1).
(c) Alignment of Cybersecurity Training Programs.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing recommendations on how cybersecurity training
programs described in section 1649 of the National Defense
Authorization Act for Fiscal Year 2020 can be better aligned
and harmonized.
(2) Report.--The report required under paragraph (1) shall
provide recommendations concerning the following topics and
information:
(A) Developing a comprehensive mechanism for
utilizing and leveraging the Cyber Excepted Service
workforce of the Department of Defense referred to in
subsection (a), as well as mechanisms for military
participation.
(B) Unnecessary redundancies in such programs, or
in any related efforts, initiatives, or investments.
(C) Mechanisms for tracking participation and
transition of participation from one such program to
another.
(D) Department level oversight and management of
such programs.
(3) Cyber workforce pipeline and early childhood
education.--
(A) Elements.--The Secretary of Defense shall, when
completing the report required under paragraph (1),
take into consideration existing Federal childhood
cyber education programs, including the programs
identified in the report required under section 1649 of
the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) and the Department of Homeland
Security's Cybersecurity Education and Training
Assistance Program (CETAP), that can provide
opportunities to military-connected students and
members of the Armed Forces to pursue cyber careers.
(B) Definition.--In this paragraph, the term
``military-connected student'' means an individual
who--
(i) is a dependent a member of the Armed
Forces serving on active duty; and
(ii) is enrolled in a preschool, an
elementary or secondary school, or an
institution of higher education.
SEC. 1626. REPORTING REQUIREMENTS FOR CROSS DOMAIN COMPROMISES AND
EXEMPTIONS TO POLICIES FOR INFORMATION TECHNOLOGY.
(a) Compromise Reporting.--
(1) In general.--Effective beginning in October 2020, the
Secretary of Defense and the secretaries of the military
services shall submit to the congressional defense committees a
monthly report in writing that documents each instance or
indication of a cross-domain compromise within the Department
of Defense.
(2) Procedures.--The Secretary of Defense shall submit to
the congressional defense committees procedures for complying
with the requirements of subsection (a) consistent with the
national security of the United States and the protection of
operational integrity. The Secretary shall promptly notify such
committees in writing of any changes to such procedures at
least 14 days prior to the adoption of any such changes.
(3) Definition.--In this subsection, the term ``cross
domain compromise'' means any unauthorized connection between
software, hardware, or both designed for use on a network or
system built for classified data and the public internet.
(b) Exemptions to Policy for Information Technology.--Not later
than 6 months after the date of the enactment of this Act and
biannually thereafter, the Secretary of Defense and the secretaries of
the military services shall submit to the congressional defense
committees a report in writing that enumerates and details each current
exemption to information technology policy, interim Authority To
Operate (ATO) order, or both. Each such report shall include other
relevant information pertaining to each such exemption, including
relating to the following:
(1) Risk categorization.
(2) Duration.
(3) Estimated time remaining.
SEC. 1627. ASSESSING PRIVATE-PUBLIC COLLABORATION IN CYBERSECURITY.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) conduct a review and assessment of any ongoing public-
private collaborative initiatives involving the Department of
Defense and the private sector related to cybersecurity and
defense of critical infrastructure, including--
(A) the United States Cyber Command's Pathfinder
initiative and any derivative initiative;
(B) the Department's support to and integration
with existing Federal cybersecurity centers and
organizations; and
(C) comparable initiatives led by other Federal
departments or agencies that support long-term public-
private cybersecurity collaboration; and
(2) make recommendations for improvements and the
requirements and resources necessary to institutionalize and
strengthen the initiatives described in subparagraphs (A)
through (C) of paragraph (1).
(b) Report.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report on the review,
assessment, and recommendations under subsection (a).
(2) Form.--The report required under paragraph (1) may be
submitted in unclassified or classified form, as necessary.
(c) Definition.--In this section, the term ``critical
infrastructure'' has the meaning given such term in section 1016(e) of
the Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001 (42 U.S.C. 5195c(e)).
SEC. 1628. CYBER CAPABILITIES AND INTEROPERABILITY OF THE NATIONAL
GUARD.
(a) Evaluation.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in conjunction with
the Chief of the National Guard Bureau, shall submit to the
congressional defense committees, the Committee on Appropriations of
the House of Representatives, and the Committee on Appropriations of
the Senate a review of the statutes, rules, regulations, and standards
that pertain to the use of the National Guard for the response to and
recovery from significant cyber incidents.
(b) Recommendations.--The review required under subsection (a)
shall address the following:
(1) Regulations promulgated under section 903 of title 32,
United States Code, to allow the National Guard to conduct
homeland defense activities that the Secretary of Defense
determines to be necessary and appropriate in accordance with
section 902 of such title in response to a cyber attack.
(2) Compulsory guidance from the Chief of the National
Guard Bureau regarding how the National Guard shall collaborate
with the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security and the Federal Bureau of
Investigation of the Department of Justice through multi-agency
task forces, information-sharing groups, incident response
planning and exercises, and other relevant forums and
activities.
(3) A plan for how the Chief of the National Guard Bureau
will collaborate with the Secretary of Homeland Security to
develop an annex to the National Cyber Incident Response Plan
that details the regulations and guidance described in
paragraphs (1) and (2).
(c) Definition.--The term ``significant cyber incident'' means a
cyber incident that results, or several related cyber incidents that
result, in demonstrable harm to--
(1) the national security interests, foreign relations, or
economy of the United States; or
(2) the public confidence, civil liberties, or public
health and safety of the American people.
SEC. 1629. EVALUATION OF NON-TRADITIONAL CYBER SUPPORT TO THE
DEPARTMENT OF DEFENSE.
(a) Requirement.--Not later than 270 days after the date of the
enactment of this Act, the Principal Cyber Advisor to the Secretary of
Defense, in conjunction with the Under Secretary for Personnel and
Readiness of the Department of Defense and the Principal Cyber Advisors
of the military services, shall complete an assessment and evaluation
of reserve models tailored to the support of cyberspace operations for
the Department.
(b) Evaluation Components.--The assessment and evaluation required
under subsection (a) shall include the following components:
(1) A current assessment of reserve and National Guard
support to Cyber Operations Forces.
(2) An enumeration and evaluation of various reserve,
National Guard, auxiliary, and non-traditional support models
which are applicable to cyberspace operations, including a
consideration of models utilized domestically and
internationally.
(3) A utility assessment of a dedicated reserve cadre
specific to United States Cyber Command and Cyber Operations
Forces.
(4) An analysis of the costs associated with the models
evaluated pursuant to paragraph (2).
(5) An assessment of the recruitment programs necessary for
implementation of the models evaluated pursuant to paragraph
(2).
(b) Report.--
(1) In general.--The Secretary of Defense, acting through
the Principal Cyber Advisor of the Department of Defense, shall
submit to the congressional defense committees a report on the
assessment and evaluation required under subsection (a).
(2) Form.--The report required under paragraph (1) may be
submitted in classified or unclassified form, as necessary.
SEC. 1630. ESTABLISHMENT OF INTEGRATED CYBER CENTER.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Secretary of Defense, the Attorney General, the
Director of the Federal Bureau of Investigation, and the Director of
National Intelligence, shall submit to the relevant congressional
committees a report on Federal cybersecurity centers and the potential
for better coordination of Federal cyber efforts at an integrated cyber
center within the national cybersecurity and communications integration
center of the Department of Homeland Security established pursuant to
section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).
(b) Contents.--To prepare the report required by subsection (a),
the Secretary of Homeland Security shall aggregate information from
components of the Department of Homeland Security with information
provided to the Secretary of Homeland Security by the Secretary of
Defense, the Attorney General, the Director of the Federal Bureau of
Investigation, and the Director of National Intelligence. Such
aggregated information shall relate to the following topics:
(1) Any challenges regarding capacity and funding
identified by the Secretary of Homeland Security, the Director
of the Federal Bureau of Investigation, the Attorney General,
the Secretary of Defense, or the Director of National
Intelligence that negatively impact coordination with the
national cybersecurity and communications integration center of
the Department of Homeland Security in furtherance of the
security and resilience of critical infrastructure.
(2) Distinct statutory authorities identified by the
Secretary of Homeland Security, the Attorney General, the
Director of the Federal Bureau of Investigation, the Secretary
of Defense, or the Director of National Intelligence that
should not be leveraged by an integrated cyber center within
the national cybersecurity and communications integration
center.
(3) Any challenges associated with effective mission
coordination and deconfliction between the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security and other Federal agencies that could be addressed
with the creation of an integrated cyber center within the
national cybersecurity and communications integration center.
(4) How capabilities or missions of existing Federal cyber
centers could benefit from greater integration or collocation
to support cybersecurity collaboration with critical
infrastructure at an integrated cyber center within the
national cybersecurity and communications integration center,
including the following Federal cyber centers:
(A) The National Security Agency's Cyber Threat
Operations Center.
(B) United States Cyber Command's Joint Operations
Center.
(C) The Office of the Director of National
Intelligence's Cyber Threat Intelligence Integration
Center.
(D) The Federal Bureau of Investigation's National
Cyber Investigative Joint Task Force.
(E) The Department of Defense's Defense Cyber Crime
Center.
(F) The Office of the Director of National
Intelligence's Intelligence Community Security
Coordination Center.
(c) Elements.--The report required under subsection (a) shall--
(1) identify any challenges regarding the Cybersecurity and
Infrastructure Security Agency's current authorities,
structure, resources, funding, ability to recruit and retain
its workforce, or interagency coordination that negatively
impact the ability of the Agency to fulfill its role as the
central coordinator for critical infrastructure cybersecurity
and resilience pursuant to its authorities under the Homeland
Security Act of 2002, and information on how establishing an
integrated cyber center within the national cybersecurity and
communications integration center would address such
challenges;
(2) identify any facility needs for the Cybersecurity and
Infrastructure Security Agency to adequately host personnel,
maintain sensitive compartmented information facilities, and
other resources to serve as the primary coordinating body
charged with forging whole-of-government, public-private
collaboration in cybersecurity, pursuant to such authorities;
(3) identify any lessons from the United Kingdom's National
Cybersecurity Center model to determine whether an integrated
cyber center within the Cybersecurity and Infrastructure
Security Agency should be similarly organized into an
unclassified environment and a classified environment;
(4) recommend any changes to procedures and criteria for
increasing and expanding the participation and integration of
public- and private-sector personnel into Federal cyber defense
and security efforts, including continuing limitations or
hurdles in the security clearance program for private sector
partners and integrating private sector partners into a
Cybersecurity and Infrastructure Security Agency integrated
cyber center; and
(5) propose policies, programs, or practices that could
overcome challenges identified in the aggregated information
under subsection (b), including the creation of an integrated
cyber center within the national cybersecurity and
communications integration center, accompanied by legislative
proposals, as appropriate.
(d) Plan.--Upon submitting the report pursuant to subsection (a),
the Secretary of Homeland Security, in coordination with the Secretary
of Defense, the Attorney General, the Director of the Federal Bureau of
Investigation, and the Director of National Intelligence, shall develop
a plan to establish an integrated cyber center within the national
cybersecurity and communications integration center.
(e) Establishment.--Not later than 1 year after the submission of
the report required under subsection (a), the Secretary of Homeland
Security, in coordination with the Secretary of Defense, the Attorney
General, the Director of the Federal Bureau of Investigation, and the
Director of National Intelligence, shall begin establishing an
integrated cyber center in the national cybersecurity and
communications integration center.
(f) Annual Updates.--Beginning 1 year after the submission of the
report required under subsection (a) and annually thereafter, the
Secretary of Homeland Security, in coordination with the Secretary of
Defense, the Attorney General, the Director of the Federal Bureau of
Investigation, and the Director of National Intelligence, shall submit
to the relevant congressional committees updates regarding efforts to
establish and operate an integrated cyber center in the national
cybersecurity and communications integration center pursuant to
subsection (e), including information on progress made toward
overcoming any challenges identified in the report required by
subsection (a).
(g) Privacy Review.--The Privacy Officers of the Department of
Homeland Security, the Department of Defense, the Department of
Justice, and the Federal Bureau of Investigation, and the Director of
National Intelligence shall review and provide to the relevant
congressional committees comment, as appropriate, on each report and
legislative proposal submitted under this section.
(h) Definition.--In this section, the term ``relevant congressional
committees'' means--
(1) in the House of Representatives--
(A) the Committee on Armed Services;
(B) the Committee on the Judiciary;
(C) the Permanent Select Committee on Intelligence;
and
(D) the Committee on Homeland Security; and
(2) in the Senate--
(A) the Committee on Armed Services;
(B) the Committee on the Judiciary;
(C) the Select Committee on Intelligence; and
(D) the Committee on Homeland Security and
Governmental Affairs.
SEC. 1631. CYBER THREAT INFORMATION COLLABORATION ENVIRONMENT.
(a) In General.--In consultation with the Cyber Threat Data
Standards and Interoperability Council established pursuant to
subsection (d), the Secretary of Homeland Security, in coordination
with the Secretary of Defense and the Director of National Intelligence
(acting through the Director of the National Security Agency), shall
develop an information collaboration environment and associated
analytic tools that enable entities to identify, mitigate, and prevent
malicious cyber activity to--
(1) provide limited access to appropriate operationally
relevant data about cybersecurity risks and cybersecurity
threats, including malware forensics and data from network
sensor programs, on a platform that enables query and analysis;
(2) allow such tools to be used in classified and
unclassified environments drawing on classified and
unclassified data sets;
(3) enable cross-correlation of data on cybersecurity risks
and cybersecurity threats at the speed and scale necessary for
rapid detection and identification;
(4) facilitate a comprehensive understanding of
cybersecurity risks and cybersecurity threats; and
(5) facilitate collaborative analysis between the Federal
Government and private sector critical infrastructure entities
and information and analysis organizations.
(b) Implementation of Information Collaboration Environment.--
(1) Evaluation.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
acting through the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security, in coordination with the Secretary of Defense and the
Director of National Intelligence (acting through the Director
of the National Security Agency), shall--
(A) identify, inventory, and evaluate existing
Federal sources of classified and unclassified
information on cybersecurity threats;
(B) evaluate current programs, applications, or
platforms intended to detect, identify, analyze, and
monitor cybersecurity risks and cybersecurity threats;
and
(C) coordinate with private sector critical
infrastructure entities and, as determined appropriate
by the Secretary of Homeland Security, in consultation
with the Secretary of Defense, other private sector
entities, to identify private sector cyber threat
capabilities, needs, and gaps.
(2) Implementation.--Not later than 1 year after the
evaluation required under paragraph (1), the Secretary of
Homeland Security, acting through the Director of the
Cybersecurity and Infrastructure Security Agency, in
coordination with the Secretary of Defense and the Director of
National Intelligence (acting through the Director of the
National Security Agency), shall begin implementation of the
information collaboration environment developed pursuant to
subsection (a) to enable participants in such environment to
develop and run analytic tools referred to in such subsection
on specified data sets for the purpose of identifying,
mitigating, and preventing malicious cyber activity that is a
threat to government and critical infrastructure. Such
environment and use of such tools shall--
(A) operate in a manner consistent with relevant
privacy, civil rights, and civil liberties policies and
protections, including such policies and protections
established pursuant to section 1016 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485);
(B) account for appropriate data standards and
interoperability requirements, consistent with the
standards set forth in subsection (d);
(C) enable integration of current applications,
platforms, data, and information, including classified
information, in a manner that supports integration of
unclassified and classified information on
cybersecurity risks and cybersecurity threats;
(D) incorporate tools to manage access to
classified and unclassified data, as appropriate;
(E) ensure accessibility by entities the Secretary
of Homeland Security, in consultation with the
Secretary of Defense and the Director of National
Intelligence (acting through the Director of the
National Security Agency), determines appropriate;
(F) allow for access by critical infrastructure
stakeholders and other private sector partners, at the
discretion of the Secretary of Homeland Security, in
consultation with the Secretary of Defense;
(G) deploy analytic tools across classification
levels to leverage all relevant data sets, as
appropriate;
(H) identify tools and analytical software that can
be applied and shared to manipulate, transform, and
display data and other identified needs; and
(I) anticipate the integration of new technologies
and data streams, including data from government-
sponsored network sensors or network-monitoring
programs deployed in support of State, local, Tribal,
and territorial governments or private sector entities.
(c) Annual Review of Impacts on Privacy, Civil Rights, and Civil
Liberties.--The Secretary of Homeland Security and the Director of
National Intelligence (acting through the Director of the Cybersecurity
and Infrastructure Security Agency and the Director of the National
Security Agency, respectively) shall direct the Privacy, Civil Rights,
and Civil Liberties Officers of their respective agencies, in
consultation with Privacy, Civil Rights, and Civil Liberties Officers
of other Federal agencies participating in the information
collaboration environment, to conduct an annual review of the
information collaboration environment for compliance with fair
information practices and civil rights and civil liberties policies.
Each such report shall be--
(1) unclassified, to the maximum extent possible, but may
contain a non-public or classified annex to protect sources or
methods and any other sensitive information restricted by
Federal law;
(2) with respect to the unclassified portions of each such
report, made available on the public internet websites of the
Department of Homeland Security and the Office of the Director
of National Intelligence--
(A) not later than 30 days after submission to the
appropriate congressional committees; and
(B) in an electronic format that is fully indexed
and searchable; and
(3) with respect to a classified annex, submitted to the
appropriate congressional committees in an electronic format
that is fully indexed and searchable.
(d) Post-Deployment Assessment.--Not later than 2 years after the
implementation of the information collaboration environment under
subsection (b), the Secretary of Homeland Security, the Secretary of
Defense, and the Director of National Intelligence (acting through the
Director of the National Security Agency) shall jointly submit to te
appropriate congressional committees an assessment of whether to
include additional entities, including critical infrastructure
information sharing and analysis organizations, in such environment.
(e) Cyber Threat Data Standards and Interoperability Council.--
(1) Establishment.--There is established an interagency
council, to be known as the ``Cyber Threat Data Standards and
Interoperability Council'' (in this subsection referred to as
the ``council''), chaired by the Secretary of Homeland
Security, to establish data standards and requirements for
public and private sector entities to participate in the
information collaboration environment developed pursuant to
subsection (a).
(2) Other membership.--
(A) Principal members.--In addition to the
Secretary of Homeland Security, the council shall be
composed of the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security, the Secretary of Defense, and the
Director of National Intelligence (acting through the
Director of the National Security Agency).
(B) Additional members.--The President shall
identify and appoint council members from public and
private sector entities who oversee programs that
generate, collect, or disseminate data or information
related to the detection, identification, analysis, and
monitoring of cybersecurity risks and cybersecurity
threats, based on recommendations submitted by the
Secretary of Homeland Security, the Secretary of
Defense, and the Director of National Intelligence
(acting through the Director of the National Security
Agency).
(3) Data streams.--The council shall identify, designate,
and periodically update programs that shall participate in or
be interoperable with the information collaboration environment
developed pursuant to subsection (a), which may include the
following:
(A) Network-monitoring and intrusion detection
programs.
(B) Cyber threat indicator sharing programs.
(C) Certain government-sponsored network sensors or
network-monitoring programs.
(D) Incident response and cybersecurity technical
assistance programs.
(E) Malware forensics and reverse-engineering
programs.
(F) The defense industrial base threat intelligence
program of the Department of Defense.
(4) Data governance.--The council shall establish a
committee comprised of the privacy officers of the Department
of Homeland Security, the Department of Defense, and the
National Security Agency. Such committee shall establish
procedures and data governance structures, as necessary, to
protect sensitive data, comply with Federal regulations and
statutes, and respect existing consent agreements with private
sector critical infrastructure entities that apply to critical
infrastructure information.
(5) Recommendations.--The council shall, as appropriate,
submit recommendations to the President to support the
operation, adaptation, and security of the information
collaboration environment developed pursuant to subsection (a).
(f) No Additional Activities Authorized.--Nothing in section may be
construed to--
(1) alter the responsibility of entities to follow
guidelines issued pursuant to section 105(b) of the
Cybersecurity Act of 2015 (6 U.S.C. 1504(b); enacted as
division N of the Consolidated Appropriations Act, 2016 (Public
Law 114-113)) with respect to data obtained by an entity in
connection with activities authorized under the Cybersecurity
Act of 2015 and shared through the information collaboration
environment developed pursuant to subsection (a); or
(2) authorize Federal or private entities to share
information in a manner not already permitted by law.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the House of Representatives--
(i) the Permanent Select Committee on
Intelligence;
(ii) the Committee on Homeland Security;
(iii) the Committee on the Judiciary; and
(iv) the Committee on Armed Services; and
(B) in the Senate--
(i) the Select Committee on Intelligence;
(ii) the Committee on Homeland Security and
Governmental Affairs;
(iii) the Committee on the Judiciary; and
(iv) the Committee on Armed Services.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
(3) Critical infrastructure information.--The term
``critical infrastructure information'' has the meaning given
such term in section 2222 of the Homeland Security Act of 2002
(6 U.S.C. 671).
(4) Cyber threat indicator.--The term ``cyber threat
indicator'' has the meaning given such term in section 102(6)
of the Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(6))).
(5) Cybersecurity risk.--The term ``cybersecurity risk''
has the meaning given such term in section 2209 of the Homeland
Security Act of 2002 (6 U.S.C. 659).
(6) Cybersecurity threat.--The term ``cybersecurity
threat'' has the meaning given such term in section 102(5) of
the Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(5))).
(7) Information sharing and analysis organization.--The
term ``information sharing and analysis organization'' has the
meaning given such term in section 2222 of the Homeland
Security Act of 2002 (6 U.S.C. 671).
SEC. 1632. DEFENSE INDUSTRIAL BASE PARTICIPATION IN A THREAT
INTELLIGENCE SHARING PROGRAM.
(a) Definition.--In this section, the term ``defense industrial
base'' means the worldwide industrial complex with capabilities to
perform research and development, design, produce, deliver, and
maintain military weapon systems, subsystems, components, or parts to
meet military requirements.
(b) Defense Industrial Base Threat Intelligence Program.--
(1) In general.--The Secretary of Defense shall establish a
threat intelligence program to share with and obtain from the
defense industrial base information and intelligence on threats
to national security.
(2) Program requirements.--At a minimum, the Secretary of
Defense shall ensure the threat intelligence sharing program
established pursuant to paragraph (1) includes the following:
(A) Cybersecurity incident reporting requirements
that--
(i) extend beyond current mandatory
incident reporting requirements;
(ii) set specific timeframes for all
categories of such mandatory incident
reporting; and
(iii) create a single clearinghouse for all
such mandatory incident reporting to the
Department of Defense, including covered
unclassified information, covered defense
information, and classified information.
(B) A mechanism for developing a shared and real-
time picture of the threat environment.
(C) Joint, collaborative, and co-located analytics.
(D) Investments in technology and capabilities to
support automated detection and analysis across the
defense industrial base.
(E) Coordinated intelligence sharing with relevant
domestic law enforcement and counterintelligence
agencies, in coordination, respectively, with the
Director of the Federal Bureau of Investigation and the
Director of National Intelligence.
(F) A process for direct sharing of threat
intelligence related to a specific defense industrial
base entity with such entity.
(3) Existing information sharing programs.--The Secretary
of Defense may utilize an existing Department of Defense
information sharing program to satisfy the requirement under
paragraph (1) if such existing program includes, or is modified
to include, two-way sharing of threat information that is
specifically relevant to the defense industrial base, including
satisfying the requirements specified in paragraph (2).
(4) Intelligence queries.--As part of a threat intelligence
sharing program under this subsection, the Secretary of Defense
shall require defense industrial base entities holding a
Department of Defense contract to consent to queries of foreign
intelligence collection databases related to such entity as a
condition of such contract.
(c) Threat Intelligence Program Participation.--
(1) Prohibition on procurement.--Beginning on the date that
is than 1 year after the date of the enactment of this Act, the
Secretary of Defense may not procure or acquire, or extend or
renew a contract to procure or acquire, any item, equipment,
system, or service from any entity that is not a participant
in--
(A) the threat intelligence sharing program
established pursuant paragraph (1) of subsection (b);
or
(B) a comparably widely-utilized threat
intelligence sharing program described in paragraph (3)
of such subsection.
(2) Application to subcontractors.--No entity holding a
Department of Defense contract may subcontract any portion of
such contract to another entity unless that second entity--
(A) is a participant in a threat intelligence
sharing program under this section; or
(B) has received a waiver pursuant to subsection
(d).
(3) Implementation.--In implementing the prohibition under
paragraph (1), the Secretary of Defense--
(A) may create tiers of requirements and
participation within the applicable threat intelligence
sharing program referred to in such paragraph based
on--
(i) an evaluation of the role of and
relative threats related to entities within the
defense industrial base; and
(ii) cybersecurity maturity model
certification level; and
(B) shall prioritize available funding and
technical support to assist entities as is reasonably
necessary for such entities to participate in a threat
intelligence sharing program under this section.
(d) Waiver Authority.--
(1) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (b)--
(A) with respect to an entity or class of entities,
if the Secretary determines that the requirement to
participate in a threat intelligence sharing program
under this section is unnecessary to protect the
interests of the United States; or
(B) at the request of an entity, if the Secretary
determines there is compelling justification for such
waiver.
(2) Periodic reevaluation.--The Secretary of Defense shall
periodically reevaluate any waiver issued pursuant to paragraph
(1) and promptly revoke any waiver the Secretary determines is
no longer warranted.
(e) Regulations.--
(1) Rulemaking authority.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall promulgate such rules and regulations as are necessary to
carry out this section.
(2) CMMC harmonization.--The Secretary of Defense shall
ensure that the threat intelligence sharing program
requirements set forth in the rules and regulations promulgated
pursuant to paragraph (1) consider an entity's maturity and
role within the defense industrial base, in accordance with the
maturity certification levels established in the Department of
Defense Cybersecurity Maturity Model Certification program.
SEC. 1633. ASSISTANCE FOR SMALL MANUFACTURERS IN THE DEFENSE INDUSTRIAL
SUPPLY CHAIN ON MATTERS RELATING TO CYBERSECURITY.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Defense, in consultation with the Director of the National
Institute of Standards and Technology, may award financial assistance
to a Center for the purpose of providing cybersecurity services to
small manufacturers.
(b) Criteria.--If the Secretary carries out subsection (a), the
Secretary, in consultation with the Director, shall establish and
publish on the grants.gov website, or successor website, criteria for
selecting recipients for financial assistance under this section.
(c) Use of Financial Assistance.--Financial assistance under this
section--
(1) shall be used by a Center to provide small
manufacturers with cybersecurity services relating to--
(A) compliance with the cybersecurity requirements
of the Department of Defense Supplement to the Federal
Acquisition Regulation, including awareness,
assessment, evaluation, preparation, and implementation
of cybersecurity services; and
(B) achieving compliance with the Cybersecurity
Maturity Model Certification framework of the
Department of Defense; and
(2) may be used by a Center to employ trained personnel to
deliver cybersecurity services to small manufacturers.
(d) Biennial Reports.--
(1) In general.--Not less frequently than once every 2
years, the Secretary shall submit to the congressional defense
committees, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Science,
Space, and Technology of the House of Representatives a
biennial report on financial assistance awarded under this
section.
(2) Contents.--To the extent practicable, each report
submitted under paragraph (1) shall include the following with
respect to the years covered by the report:
(A) The number of small manufacturing companies
assisted.
(B) A description of the cybersecurity services
provided.
(C) A description of the cybersecurity matters
addressed.
(D) An analysis of the operational effectiveness
and cost-effectiveness of the cybersecurity services
provided.
(e) Termination.--The authority of the Secretary to award of
financial assistance under this section shall terminate on the date
that is 5 years after the date of the enactment of this Act.
(f) Definitions.--In this section:
(1) The term ``Center'' has the meaning given such term in
section 25(a) of the National Institute of Standards and
Technology Act (15 U.S.C. 278k(a)).
(2) The term ``small manufacturer'' has the meaning given
that tern in section 1644(g) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. 2224 note).
SEC. 1634. DEFENSE INDUSTRIAL BASE CYBERSECURITY THREAT HUNTING AND
SENSING, DISCOVERY, AND MITIGATION.
(a) Definition.--In this section:
(1) Defense industrial base.--The term ``defense industrial
base'' means the worldwide industrial complex with capabilities
to perform research and development, design, produce, deliver,
and maintain military weapon systems, subsystems, components,
or parts to meet military requirements.
(2) Advanced defense industrial base.--The term ``advanced
defense industrial base'' means any entity in the defense
industrial base holding a Department of Defense contract that
requires a cybersecurity maturity model certification of level
4 or higher.
(b) Defense Industrial Base Cybersecurity Threat Hunting Study.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a study of the
feasibility and resourcing required to establish the Defense
Industrial Base Cybersecurity Threat Hunting Program (in this
section referred to as the ``Program'') described in subsection
(c).
(2) Elements.--The study required under paragraph (1)
shall--
(A) establish the resources necessary, governance
structures, and responsibility for execution of the
Program, as well as any other relevant considerations
determined by the Secretary;
(B) include a conclusive determination of the
Department of Defense's capacity to establish the
Program by the end of fiscal year 2021; and
(C) identify any barriers that would prevent such
establishment.
(c) Defense Industrial Base Cybersecurity Threat Hunting Program.--
(1) In general.--Upon a positive determination of the
Program's feasibility pursuant to the study required under
subsection (b), the Secretary of Defense shall establish the
Program to actively identify cybersecurity threats and
vulnerabilities within the information systems, including
covered defense networks containing controlled unclassified
information, of entities in the defense industrial base.
(2) Program levels.--In establishing the Program in
accordance with paragraph (1), the Secretary of Defense shall
develop a tiered program that takes into account the following:
(A) The cybersecurity maturity of entities in the
defense industrial base.
(B) The role of such entities.
(C) Whether each such entity possesses controlled
unclassified information and covered defense networks.
(D) The covered defense information to which such
an entity has access as a result of contracts with the
Department of Defense.
(3) Program requirements.--The Program shall--
(A) include requirements for mitigating any
vulnerabilities identified pursuant to the Program;
(B) provide a mechanism for the Department of
Defense to share with entities in the defense
industrial base malicious code, indicators of
compromise, and insights on the evolving threat
landscape;
(C) provide incentives for entities in the defense
industrial base to share with the Department of
Defense, including the National Security Agency's
Cybersecurity Directorate, threat and vulnerability
information collected pursuant to threat monitoring and
hunt activities; and
(D) mandate a minimum level of program
participation for any entity that is part of the
advanced defense industrial base.
(d) Threat Identification Program Participation.--
(1) Prohibition on procurement.--If the Program is
established pursuant to subsection (c), beginning on the date
that is 1 year after the date of the enactment of this Act, the
Secretary of Defense may not procure or obtain, or extend or
renew a contract to procure or obtain, any item, equipment,
system, or service from any entity in the defense industrial
base that is not in compliance with the requirements of the
Program.
(2) Implementation.--In implementing the prohibition under
paragraph (1), the Secretary of Defense shall prioritize
available funding and technical support to assist affected
entities in the defense industrial base as is reasonably
necessary for such affected entities to commence participation
in the Program and satisfy Program requirements.
(3) Waiver authority.--
(A) Waiver.--The Secretary of Defense may waive the
prohibition under paragraph (1)--
(i) with respect to an entity or class of
entities in the defense industrial base, if the
Secretary determines that the requirement to
participate in the Program is unnecessary to
protect the interests of the United States; or
(ii) at the request of such an entity, if
the Secretary determines there is a compelling
justification for such waiver.
(B) Periodic reevaluation.--The Secretary of
Defense shall periodically reevaluate any waiver issued
pursuant to subparagraph (A) and revoke any such waiver
the Secretary determines is no longer warranted.
(e) Use of Personnel and Third-Party Threat Hunting and Sensing
Capabilities.--In carrying out the Program, the Secretary of Defense
may--
(1) utilize Department of Defense personnel to hunt for
threats and vulnerabilities within the information systems of
entities in the defense industrial base that have an active
contract with Department of Defense;
(2) certify third-party providers to hunt for threats and
vulnerabilities on behalf of the Department of Defense;
(3) require the deployment of network sensing technologies
capable of identifying and filtering malicious network traffic;
or
(4) employ a combination of Department of Defense personnel
and third-party providers and tools, as the Secretary
determines necessary and appropriate, for the entity described
in paragraph (1).
(f) Regulations.--
(1) Rulemaking authority.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall promulgate such rules and regulations as are necessary to
carry out this section.
(2) CMMC harmonization.--In promulgating rules and
regulations pursuant to paragraph (1), the Secretary of Defense
shall consider how best to integrate the requirements of this
section with the Department of Defense Cybersecurity Maturity
Model Certification program.
SEC. 1635. DEFENSE DIGITAL SERVICE.
(a) Relationship With United States Digital Service.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of Defense and the Administrator of the United States Digital
Service shall establish a direct relationship between the Department of
Defense and the United States Digital Service to address authorities,
hiring processes, roles, and responsibilities.
(b) Certification.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense and the Administrator
of the United States Digital Service shall jointly certify to the
congressional defense committees that the skills and qualifications of
the Department of Defense personnel assigned to and supporting the core
functions of the Defense Digital Service are consistent with the skills
and qualifications United States Digital Service personnel.
SEC. 1636. LIMITATION OF FUNDING FOR NATIONAL DEFENSE UNIVERSITY.
Of the funds authorized to be appropriated by this Act for fiscal
year 2021 for the National Defense University, not more than 60 percent
of such funds may be obligated or expended until the Joint Staff and
the National Defense University present to the congressional defense
committees the following:
(1) A comprehensive plan for resourcing and growing the
student population of the College of Information and
Cyberspace, including by--
(A) enrolling a minimum of 350 cyber workforce
students per academic year; and
(B) graduating a minimum of 42 students (including
a minimum of 28 United States military students) in the
Joint Professional Military Education Phase II War
College 10- month resident program in fiscal year 2021,
and implementing a plan to graduate a minimum of 70
students (including a minimum of 50 United States
military and civilian students) in fiscal year 2023 and
in each year thereafter through the Future Year Defense
Program.
(2) Budget documents for the Future Year Defense Program
which show funding for the College of Information and
Cyberspace to support the comprehensive plan described in
subsection (a).
(3) A comprehensive presentation of how programs of study
on cyber-related matters are being expanded and integrated into
Joint Professional Military Education at all National Defense
University constituent colleges.
SEC. 1637. CRITICAL INFRASTRUCTURE CYBER INCIDENT REPORTING PROCEDURES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, acting through the Director, and in
consultation with Sector Risk Management Agencies and other appropriate
Federal departments, shall, after notice and an opportunity for
comment, establish requirements and a process for covered critical
infrastructure entities to report a covered cybersecurity incident to
the national cybersecurity and communications integration center of the
Department of Homeland Security, in furtherance of its mission with
respect to cybersecurity risks as set forth in section 2209.
(b) Procedures.--The cybersecurity incident reporting requirements
and process described in subsection (a) shall, at a minimum, include--
(1) a definition of covered critical infrastructure
entities that are required to comply with the reporting
requirements of this section, based on threshold criteria
related to--
(A) the likelihood that such entity may be targeted
by a malicious cyber actor, including a foreign
country;
(B) consequences that disruption to or compromise
of such entity could cause to national security,
economic security, or public health and safety; and
(C) maturity of security operations in detecting,
investigating, and mitigating a cybersecurity incident;
(2) criteria for the types and thresholds for a covered
cybersecurity incident to be reported under this section,
including the sophistication or novelty of the cyber attack,
the type, volume, and sensitivity of the data at issue, and the
number of individuals affected or potentially affected by a
cybersecurity incident, subject to the limitations described in
subsection (c); and
(3) procedures to comply with reporting requirements
pursuant to subsection (c).
(c) Cybersecurity Incident Reporting Requirements for Covered
Critical Infrastructure Entities.--
(1) In general.--A covered critical infrastructure entity,
as defined by the Director pursuant to subsection (b),meets the
requirements of this paragraph if, upon becoming aware that a
covered cybersecurity incident, including an incident involving
ransomware, social engineering, malware, or unauthorized
access, has occurred involving any critical infrastructure
system or subsystem of the critical infrastructure, the
entity--
(A) promptly reports such incident to the national
cybersecurity and communications integration center,
consistent with such requirements and process, as soon
as practicable (but in no case later than 72 hours
after the entity first becomes aware that the incident
occurred); and
(B) provides all appropriate updates to any report
submitted under subparagraph (A).
(2) Contents of report.--Each report submitted under
subparagraph (A) of paragraph (1) shall contain such
information as the Director prescribes in the reporting
procedures issued under subsection (a), including the following
information with respect to any cybersecurity incident covered
by the report:
(A) The date, time, and time zone when the
cybersecurity incident began, if known.
(B) The date, time, and time zone when the
cybersecurity incident was detected.
(C) The date, time, and duration of the
cybersecurity incident.
(D) The circumstances of the cybersecurity
incident, including the specific critical
infrastructure systems or subsystems believed to have
been accessed and information acquired, if any, as well
as any interdependent systems that suffered damage,
disruption, or were otherwise impacted by the incident.
(E) Any planned and implemented technical measures
to respond to and recover from the incident.
(F) In the case of any report which is an update to
a prior report, any additional material information
relating to the incident, including technical data, as
it becomes available.
(d) Effect of Other Reporting.--A covered critical infrastructure
entity shall not be considered to have satisfied the reporting
requirements set forth in subsection (c)(1) by reporting information
required pursuant to subsection (c)(2) related to a covered
cybersecurity incident to any person, agency or organization, including
a law enforcement agency, other than to the Director using the incident
reporting procedures establish by the national cybersecurity and
communications integration center using the incident reporting
procedures established by the Director pursuant to subsection (a).
(e) Disclosure, Retention, and Use.--
(1) Authorized activities.--Covered cybersecurity incidents
and related reporting information provided to the Director
pursuant to this section may not be disclosed to, retained by,
or used by, consistent with otherwise applicable provisions of
Federal law, any Federal agency or department, or any
component, officer, employee, or agent of the Federal
Government, except if the Director determines such disclosure,
retention, or use is necessary for--
(A) the purpose of identifying--
(i) a cybersecurity threat as such term is
defined insection 102(5) of the Cybersecurity
Act of 2015 (contained in division N of the
Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501)), including the
source of such cybersecurity threat; or
(ii) a security vulnerability;
(B) the purpose of responding to, or otherwise
preventing or mitigating, a specific threat of death,
serious bodily harm, or serious economic harm,
including a terrorist act or a use of a weapon of mass
destruction;
(C) the purpose of responding to, investigating,
prosecuting, or otherwise preventing or mitigating, a
serious threat to a minor, including sexual
exploitation and threats to physical safety; or
(D) the purpose of preventing, investigating,
disrupting, or prosecuting an offense arising out of a
threat described in subparagraphs (B)-(C) (3) or any of
the offenses listed in--
(i) sections 1028 through 1030 of title 18,
United States Code (relating to fraud and
identity theft);
(ii) chapter 37 of such title (relating to
espionage and censorship); and
(iii) chapter 90 of such title (relating to
protection of trade secrets).
(2) Exception.--The Director may enter into an agreement
with a federally funded research and development center or
other research institution to provide information in an
anonymized manner for the purpose of aggregating and analyzing
cybersecurity incident data and other reported information for
the limited purpose of better understanding the cyber threat
landscape, subject to appropriate protections for information
and removal of any unnecessary personal or identifying
information.
(3) Privacy and civil liberties.--Covered cybersecurity
incidents and related reporting information provided to the
Director pursuant to this section shall be retained, used, and
disseminated, where permissible and appropriate, by the Federal
Government--
(A) in a manner that protects from unauthorized use
or disclosure any information reported under this
section that may contain--
(i) personal information of a specific
individual; or
(ii) information that identifies a specific
individual; and
(B) in a manner that protects the confidentiality
of information reported under this section containing--
(i) personal information of a specific
individual; or
(ii) information that identifies a specific
individual.
(4) Federal regulatory authority.--Information regarding a
covered cybersecurity incident and related reporting
information provided to the Director pursuant to this section
may not be used by any Federal, State, Tribal, or local
government to regulate, including through an enforcement
action, the lawful activities of any non-Federal entity.
(f) Limitation.--The Director may not set criteria or develop
procedures pursuant to this Act that require a covered critical
infrastructure entity, identified pursuant to subsection (b)(1), to
report on any cybersecurity incident unless such incident--
(1) causes a loss in the confidentiality, integrity, or
availability of proprietary, sensitive, or personal
information;
(2) results in a disruption or otherwise inhibits the
ability of an entity to deliver services or conduct its primary
business activity; or
(3) was carried out by a foreign country, or where there is
reason to believe a foreign country was involved in such
incident.
(g) Definitions.--In this section:
(1) Covered critical infrastructure entity.--The term
``covered critical infrastructure entity'' is an entity that
owns, operates, supports, or maintains critical infrastructure
which meets the definition set forth by the Director pursuant
to subsection (b)(1).
(2) Covered cybersecurity incident.--The term ``covered
cybersecurity incident'' means a cybersecurity incident
experienced by a covered critical infrastructure entity that
meets the definition and criteria set forth by the Director in
the procedures prescribed pursuant to subsection (b)(2),
subject to the limitations in subsection (f) that involve, at a
minimum, an incident that--
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
2(4) of the Homeland Security Act of 2002 (Public Law 107-196;
6 U.S.C. 101(4)).
(4) Cybersecurity risk.--The term ``cybersecurity risk''
has the meaning given that term in section 2209 of the Homeland
Security Act of 2002 (6 U.S.C. 659).
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Director.--The term ``Director'' means the Director of
the Cybersecurity and Infrastructure Security Agency of the
Department.
(7) National cybersecurity and communications integration
center.--The term ``national cybersecurity and communications
integration center'' or ``Center'' means the national
cybersecurity and communications integration center described
in section 2209 of the Homeland Security Act of 2002 (6 U.S.C.
659).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) Sector specific agency.--The term ``Sector Specific
Agency'' has the meaning given that term in section 2201(5) of
the Homeland Security Act of 2002 (6 U.S.C. 651(5)).
SEC. 1638. FUNDING FOR NATIONAL CENTER FOR HARDWARE AND EMBEDDED
SYSTEMS SECURITY AND TRUST.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 4201 for research, development, test, and evaluation, Air
Force, as specified in the corresponding funding table in section 4201,
for Aerospace Sensors, line 009, is hereby increased by $3,000,000 for
the National Center for Hardware and Embedded Systems Security and
Trust.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 1402 for chemical agents and munitions destruction, as
specified in the corresponding funding table in section 4501, for Chem
Demilitarization--RDT&E, is hereby reduced by $3,000,000.
SEC. 1639. STRENGTHENING FEDERAL NETWORKS.
(a) Authority.--Section 3553(b) of title 44, United States Code, is
amended--
(1) in paragraph (6)(D), by striking ``; and'' at the end
and inserting a semicolon;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) hunting for and identifying, with or without advance
notice, threats and vulnerabilities within Federal information
systems; and''.
(b) Binding Operational Directive.--Not later than 1 year after the
date of the enactment of this section, the Secretary of Homeland
Security shall issue a binding operational directive pursuant to
subsection (b)(2) of section 3553 of title 44, United States Code, to
implement paragraph (7) of section 3553(b) of title 44, United States
Code, as added by subsection (a).
SEC. 1640. DOD CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL
CERTIFICATION FRAMEWORK.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees and the Comptroller General of the
United States a report on the cyber hygiene practices of the Department
of Defense and the extent to which such practices are effective at
protecting Department missions, information, system and networks. The
report shall include the following:
(1) An assessment of each Department component's compliance
with the requirements and levels identified in the Cyber
Maturity Model Certification framework.
(2) For each Department component that does not achieve the
requirements for ``good cyber hygiene'' as defined in CMMC
Model Version 1.02, a plan for how that component will
implement security measures to bring it into compliance with
good cyber hygiene requirements within 1 year, and a strategy
for mitigating potential vulnerabilities and consequences until
such requirements are implemented.
(b) Comptroller General Report Required.--Not later than 180 days
after the submission of the report required under subsection (a), the
Comptroller General of the United States shall conduct an independent
review of the report and provide a briefing to the congressional
defense committees on the findings of the review.
SEC. 1640A. SUBPOENA AUTHORITY.
(a) In General.--Section 2209 of the Homeland Security Act of 2002
(6 U.S.C. 659) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following new paragraph:
``(1) the term `cybersecurity purpose' has the meaning
given that term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501);'';
(C) in paragraph (6), as so redesignated, by
striking ``and'' at the end;
(D) by redesignating paragraph (7), as so
redesignated, as paragraph (8); and
(E) by inserting after paragraph (6), as so
redesignated, the following new paragraph:
``(7) the term `security vulnerability' has the meaning
given that term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501); and'';
(2) in subsection (c)--
(A) in paragraph (10), by striking ``and'' at the
end;
(B) in paragraph (11), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(12) detecting, identifying, and receiving information
for a cybersecurity purpose about security vulnerabilities
relating to critical infrastructure in information systems and
devices.''; and
(3) by adding at the end the following new subsection:
``(o) Subpoena Authority.--
``(1) Definition.--In this subsection, the term `covered
device or system'--
``(A) means a device or system commonly used to
perform industrial, commercial, scientific, or
governmental functions or processes that relate to
critical infrastructure, including operational and
industrial control systems, distributed control
systems, and programmable logic controllers; and
``(B) does not include personal devices and
systems, such as consumer mobile devices, home
computers, residential wireless routers, or residential
internet enabled consumer devices.
``(2) Authority.--
``(A) In general.--If the Director identifies a
system connected to the internet with a specific
security vulnerability and has reason to believe such
security vulnerability relates to critical
infrastructure and affects a covered device or system,
and the Director is unable to identify the entity at
risk that owns or operates such covered device or
system, the Director may issue a subpoena for the
production of information necessary to identify and
notify such entity at risk, in order to carry out a
function authorized under subsection (c)(12).
``(B) Limit on information.--A subpoena issued
pursuant to subparagraph (A) may seek information--
``(i) only in the categories set forth in
subparagraphs (A), (B), (D), and (E) of section
2703(c)(2) of title 18, United States Code; and
``(ii) for not more than 20 covered devices
or systems.
``(C) Liability protections for disclosing
providers.--The provisions of section 2703(e) of title
18, United States Code, shall apply to any subpoena
issued pursuant to subparagraph (A).
``(3) Coordination.--
``(A) In general.--If the Director exercises the
subpoena authority under this subsection, and in the
interest of avoiding interference with ongoing law
enforcement investigations, the Director shall
coordinate the issuance of any such subpoena with the
Department of Justice, including the Federal Bureau of
Investigation, pursuant to interagency procedures which
the Director, in coordination with the Attorney
General, shall develop not later than 60 days after the
date of the enactment of this subsection.
``(B) Contents.--The inter-agency procedures
developed under this paragraph shall provide that a
subpoena issued by the Director under this subsection
shall be--
``(i) issued to carry out a function
described in subsection (c)(12); and
``(ii) subject to the limitations specified
in this subsection.
``(4) Noncompliance.--If any person, partnership,
corporation, association, or entity fails to comply with any
duly served subpoena issued pursuant to this subsection, the
Director may request that the Attorney General seek enforcement
of such subpoena in any judicial district in which such person,
partnership, corporation, association, or entity resides, is
found, or transacts business.
``(5) Notice.--Not later than 7 days after the date on
which the Director receives information obtained through a
subpoena issued pursuant to this subsection, the Director shall
notify any entity identified by information obtained pursuant
to such subpoena regarding such subpoena and the identified
vulnerability.
``(6) Authentication.--
``(A) In general.--Any subpoena issued pursuant to
this subsection shall be authenticated with a
cryptographic digital signature of an authorized
representative of the Agency, or other comparable
successor technology, that allows the Agency to
demonstrate that such subpoena was issued by the Agency
and has not been altered or modified since such
issuance.
``(B) Invalid if not authenticated.--Any subpoena
issued pursuant to this subsection that is not
authenticated in accordance with subparagraph (A) shall
not be considered to be valid by the recipient of such
subpoena.
``(7) Procedures.--Not later than 90 days after the date of
the enactment of this subsection, the Director shall establish
internal procedures and associated training, applicable to
employees and operations of the Agency, regarding subpoenas
issued pursuant to this subsection, which shall address the
following:
``(A) The protection of and restriction on
dissemination of nonpublic information obtained through
such a subpoena, including a requirement that the
Agency not disseminate nonpublic information obtained
through such a subpoena that identifies the party that
is subject to such subpoena or the entity at risk
identified by information obtained, except that the
Agency may share the nonpublic information with the
Department of Justice for the purpose of enforcing such
subpoena in accordance with paragraph (4), and may
share with a Federal agency the nonpublic information
of the entity at risk if--
``(i) the Agency identifies or is notified
of a cybersecurity incident involving such
entity, which relates to the vulnerability
which led to the issuance of such subpoena;
``(ii) the Director determines that sharing
the nonpublic information with another Federal
department or agency is necessary to allow such
department or agency to take a law enforcement
or national security action, consistent with
the interagency procedures under paragraph
(3)(A), or actions related to mitigating or
otherwise resolving such incident;
``(iii) the entity to which the information
pertains is notified of the Director's
determination, to the extent practicable
consistent with national security or law
enforcement interests, consistent with such
interagency procedures; and
``(iv) the entity consents, except that the
entity's consent shall not be required if
another Federal department or agency identifies
the entity to the Agency in connection with a
suspected cybersecurity incident.
``(B) The restriction on the use of information
obtained through such a subpoena for a cybersecurity
purpose.
``(C) The retention and destruction of nonpublic
information obtained through such a subpoena,
including--
``(i) destruction of such information that
the Director determines is unrelated to
critical infrastructure immediately upon
providing notice to the entity pursuant to
paragraph (5); and
``(ii) destruction of any personally
identifiable information not later than 6
months after the date on which the Director
receives information obtained through such a
subpoena, unless otherwise agreed to by the
individual identified by the subpoena
respondent.
``(D) The processes for providing notice to each
party that is subject to such a subpoena and each
entity identified by information obtained under such a
subpoena.
``(E) The processes and criteria for conducting
critical infrastructure security risk assessments to
determine whether a subpoena is necessary prior to
being issued pursuant to this subsection.
``(F) The information to be provided to an entity
at risk at the time of the notice of the vulnerability,
which shall include--
``(i) a discussion or statement that
responding to, or subsequent engagement with,
the Agency, is voluntary; and
``(ii) to the extent practicable,
information regarding the process through which
the Director identifies security
vulnerabilities.
``(8) Limitation on procedures.--The internal procedures
established pursuant to paragraph (7) may not require an owner
or operator of critical infrastructure to take any action as a
result of a notice of vulnerability made pursuant to this Act.
``(9) Review of procedures.--Not later than 1 year after
the date of the enactment of this subsection, the Privacy
Officer of the Agency shall--
``(A) review the internal procedures established
pursuant to paragraph (7) to ensure that--
``(i) such procedures are consistent with
fair information practices; and
``(ii) the operations of the Agency comply
with such procedures; and
``(B) notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives of
the results of the review under subparagraph (A).
``(10) Publication of information.--Not later than 120 days
after establishing the internal procedures under paragraph (7),
the Director shall publish information on the website of the
Agency regarding the subpoena process under this subsection,
including information regarding the following:
``(A) Such internal procedures.
``(B) The purpose for subpoenas issued pursuant to
this subsection.
``(C) The subpoena process.
``(D) The criteria for the critical infrastructure
security risk assessment conducted prior to issuing a
subpoena.
``(E) Policies and procedures on retention and
sharing of data obtained by subpoenas.
``(F) Guidelines on how entities contacted by the
Director may respond to notice of a subpoena.
``(11) Annual reports.--The Director shall annually submit
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives a report (which may include a
classified annex but with the presumption of declassification)
on the use of subpoenas issued pursuant to this subsection,
which shall include the following:
``(A) A discussion of the following:
``(i) The effectiveness of the use of such
subpoenas to mitigate critical infrastructure
security vulnerabilities.
``(ii) The critical infrastructure security
risk assessment process conducted for subpoenas
issued under this subsection.
``(iii) The number of subpoenas so issued
during the preceding year.
``(iv) To the extent practicable, the
number of vulnerable covered devices or systems
mitigated under this subsection by the Agency
during the preceding year.
``(v) The number of entities notified by
the Director under this subsection, and their
responses, during the preceding year.
``(B) For each subpoena issued pursuant to this
subsection, the following:
``(i) Information relating to the source of
the security vulnerability detected,
identified, or received by the Director.
``(ii) Information relating to the steps
taken to identify the entity at risk prior to
issuing the subpoena.
``(iii) A description of the outcome of the
subpoena, including discussion on the
resolution or mitigation of the critical
infrastructure security vulnerability.
``(12) Publication of the annual reports.--The Director
shall publish a version of the annual report required under
paragraph (11) on the website of the Agency, which shall, at a
minimum, include the findings described in clauses (iii), (iv),
and (v) of subparagraph (A) of such paragraph.
``(13) Prohibition on use of information for unauthorized
purposes.--Any information obtained pursuant to a subpoena
issued under this subsection may not be provided to any other
Federal department or agency for any purpose other than a
cybersecurity purpose or for the purpose of enforcing a
subpoena issued pursuant to this subsection.''.
(b) Rules of Construction.--
(1) Prohibition on new regulatory authority.--Nothing in
this section or the amendments made by this section may be
construed to grant the Secretary of Homeland Security, or the
head of any another Federal agency or department, any authority
to promulgate regulations or set standards relating to the
cybersecurity of private sector critical infrastructure that
was not in effect on the day before the date of the enactment
of this Act.
(2) Private entities.--Nothing in this section or the
amendments made by this section may be construed to require any
private entity to--
(A) to request assistance from the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security; or
(B) implement any measure or recommendation
suggested by the Director.
SEC. 1640B. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL
CYBERSECURITY TRAINING CENTER FOR THE ARMY NATIONAL
GUARD.
Section 1651(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 32 U.S.C.
501 note) is amended by striking ``shall expire on the date that is two
years after the date of the enactment of this Act'' and inserting
``shall expire on August 31, 2022''.
SEC. 1640C. CISA CYBERSECURITY SUPPORT TO AGENCIES.
Section 3553(b) of title 44, United States Code, is amended--
(1) in paragraph (6)(D), by striking ``; and'' at the end
and inserting a semicolon;
(2) by redesignating paragraph (7) as paragraph (8);
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) upon request by an agency, and at the Secretary's
discretion, with or without reimbursement--
``(A) providing services, functions, or
capabilities, including operation of the agency's
information security program, to assist the agency with
meeting the requirements set forth in section 3554(b);
and
``(B) deploying, operating, and maintaining secure
technology platforms and tools, including networks and
common business applications, for use by the agency to
perform agency functions, including collecting,
maintaining, storing, processing, and analyzing
information; and''.
SEC. 1640D. ESTABLISHMENT IN DHS OF JOINT CYBER PLANNING OFFICE.
(a) Amendment.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following new section:
``SEC. 2215. JOINT CYBER PLANNING OFFICE.
``(a) Establishment of Office.--There is established in the Agency
an office for joint cyber planning (in this section referred to as the
`Office') to develop, for public and private sector entities, plans for
cyber defense operations, including the development of a set of
coordinated actions to protect, detect, respond to, and recover from
cybersecurity risks or incidents or limit, mitigate, or defend against
coordinated, malicious cyber operations that pose a potential risk to
critical infrastructure or national interests. The Office shall be
headed by a Deputy Assistant Director of Joint Cyber Planning (in this
section referred to as the `Director') within the Cybersecurity
Division.
``(b) Planning and Execution.--In leading the development of plans
for cyber defense operations pursuant to subsection (a), the Director
shall--
``(1) coordinate with relevant Federal departments and
agencies to establish processes and procedures necessary to
develop and maintain ongoing coordinated plans for cyber
defense operations;
``(2) leverage cyber capabilities and authorities of
participating Federal departments and agencies, as appropriate,
in furtherance of plans for cyber defense operations;
``(3) ensure that plans for cyber defense operations are,
to the greatest extent practicable, developed in collaboration
with relevant private sector entities, particularly in areas in
which such entities have comparative advantages in limiting,
mitigating, or defending against a cybersecurity risk or
incident or coordinated, malicious cyber operation;
``(4) ensure that plans for cyber defense operations, as
appropriate, are responsive to potential adversary activity
conducted in response to United States offensive cyber
operations;
``(5) facilitate the exercise of plans for cyber defense
operations, including by developing and modeling scenarios
based on an understanding of adversary threats to,
vulnerability of, and potential consequences of disruption or
compromise of critical infrastructure;
``(6) coordinate with and, as necessary, support relevant
Federal departments and agencies in the establishment of
procedures, development of additional plans, including for
offensive and intelligence activities in support of cyber
defense operations, and creation of agreements necessary for
the rapid execution of plans for cyber defense operations when
a cybersecurity risk or incident or malicious cyber operation
has been identified; and
``(7) support public and private sector entities, as
appropriate, in the execution of plans developed pursuant to
this section.
``(c) Composition.--The Office shall be composed of--
``(1) a central planning staff; and
``(2) appropriate representatives of Federal departments
and agencies, including--
``(A) the Department;
``(B) United States Cyber Command;
``(C) the National Security Agency;
``(D) the Federal Bureau of Investigation;
``(E) the Department of Justice; and
``(F) the Office of the Director of National
Intelligence.
``(d) Consultation.--In carrying out its responsibilities described
in subsection (b), the Office shall regularly consult with appropriate
representatives of non-Federal entities, such as--
``(1) State, local, federally-recognized Tribal, and
territorial governments;
``(2) information sharing and analysis organizations,
including information sharing and analysis centers;
``(3) owners and operators of critical information systems;
``(4) private entities; and
``(5) other appropriate representatives or entities, as
determined by the Secretary.
``(e) Interagency Agreements.--The Secretary and the head of a
Federal department or agency referred to in subsection (c) may enter
into agreements for the purpose of detailing personnel on a
reimbursable or non-reimbursable basis.
``(f) Definitions.--In this section:
``(1) Cyber defense operation.--The term `cyber defense
operation' means defensive activities performed for a
cybersecurity purpose.
``(2) Cybersecurity purpose.--The term `cybersecurity
purpose' has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (contained in division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(3) Cybersecurity risk; incident.--The terms
`cybersecurity risk' and `incident' have the meanings given
such terms in section 2209.
``(4) Information sharing and analysis organization.--The
term `information sharing and analysis organization' has the
meaning given such term in section 2222(5).''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2214 the following new
item:
``Sec. 2215. Joint cyber planning office.''.
SEC. 1640E. IMPLEMENTATION OF CERTAIN CYBERSECURITY RECOMMENDATIONS;
CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL
CERTIFICATION FRAMEWORK.
(a) Report on Implementation of Certain Cybersecurity
Recommendations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the plans of the
Secretary to implement certain cybersecurity recommendations to
ensure--
(1) the Chief Information Officer of the Department of
Defense takes appropriate steps to ensure implementation of
DC3I tasks;
(2) Department components develop plans with scheduled
completion dates to implement any remaining CDIP tasks overseen
by the Chief Information Officer;
(3) the Deputy Secretary of Defense identifies a Department
component to oversee the implementation of any CDIP tasks not
overseen by the Chief Information Officer and reports on
progress relating to such implementation;
(4) Department components accurately monitor and report
information on the extent that users have completed Cyber
Awareness Challenge training, as well as the number of users
whose access to the Department network was revoked because such
users have not completed such training;
(5) the Chief Information Officer ensures all Department
components, including DARPA, require their users to take Cyber
Awareness Challenge training;
(6) a Department component is directed to monitor the
extent to which practices are implemented to protect the
Department's network from key cyberattack techniques; and
(7) the Chief Information Officer assesses the extent to
which senior leaders of the Department have more complete
information to make risk-based decisions, and revise the
recurring reports (or develop a new report) accordingly,
including information relating to the Department's progress on
implementing--
(A) cybersecurity practices identified in cyber
hygiene initiatives; and
(B) cyber hygiene practices to protect Department
networks from key cyberattack techniques.
(b) Report on Cyber Hygiene and Cybersecurity Maturity Model
Certification Framework.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees and the
Comptroller General of the United States a report on the cyber
hygiene practices of the Department of Defense and the extent
to which such practices are effective at protecting Department
missions, information, system and networks. The report shall
include the following:
(A) An assessment of each Department component's
compliance with the requirements and levels identified
in the Cybersecurity Maturity Model Certification
framework.
(B) For each Department component that does not
achieve the requirements for ``good cyber hygiene'' as
defined in CMMC Model Version 1.02, a plan for how that
component will implement security measures to bring it
into compliance with good cyber hygiene requirements
within one year, and a strategy for mitigating
potential vulnerabilities and consequences until such
requirements are implemented.
(2) Comptroller general review.--Not later than 180 days
after the submission of the report required under paragraph
(1)), the Comptroller General of the United States shall
conduct an independent review of the report and provide a
briefing to the congressional defense committees on the
findings of the review.
SEC. 1640F. BIENNIAL NATIONAL CYBER EXERCISE.
(a) Requirement.--Not later than December 31, 2023, and not less
frequently than once every 2 years thereafter until a date that is not
less than 10 years after the date of enactment of this Act, the
Secretary, in consultation with the Secretary of Defense, shall conduct
an exercise to test the resilience, response, and recovery of the
United States in the case of a significant cyber attack impacting
critical infrastructure.
(b) Planning and Preparation.--Each exercise under subsection (a)
shall be coordinated through the Joint Cyber Planning Office of the
Cybersecurity and Infrastructure Security Planning Agency and prepared
by expert operational planners from the Department of Homeland
Security, in coordination with the Department of Defense, the Federal
Bureau of Investigation, and the appropriate intelligence community
elements, as identified by the Director of National Intelligence.
(c) Participants.--
(1) Federal government participants.--The following shall
participate in each exercise under subsection (a):
(A) Relevant interagency partners, as determined by
the Secretary, including relevant interagency partners
from--
(i) law enforcement agencies; and
(ii) the intelligence community.
(B) Senior leader representatives from sector-
specific agencies, as determined by the Secretary.
(2) State and local governments.--The Secretary shall
invite representatives from State, local, and Tribal
governments to participate the exercises under subsection (a)
if the Secretary determines such participation to be
appropriate.
(3) Private sector.--Depending on the nature of an exercise
being conducted under subsection (a), the Secretary, in
consultation with the senior leader representative of the
sector-specific agencies participating in such exercise
pursuant to paragraph (1)(A)(ii), shall invite the following
individuals to participate:
(A) Representatives from private entities.
(B) Other individuals that the Secretary
determines.
(4) International partners.--Depending on the nature of an
exercise being conducted under subsection (a), the Secretary
may, in consultation with the Secretary of Defense and the
Secretary of State, invite allies and partners of the United
States to participate in such exercise.
(d) Observers.--The Secretary shall invite appropriately cleared
representatives from the executive and legislative branches of the
Federal Government to observe an exercise under subsection (a).
(e) Elements.--Each exercise under subsection (a) shall include the
following elements:
(1) Exercising the orchestration of cybersecurity response
and the provision of cyber support to Federal, State, local,
and Tribal governments and private entities, including the
exercise of the command and control and deconfliction of
operational responses through the National Security Council,
interagency coordinating processes and response groups, and
each participating department and agency of the Federal
Government.
(2) Testing of the information-sharing needs and
capabilities of exercise participants.
(3) Testing of the relevant policy, guidance, and doctrine,
including the National Cyber Incident Response Plan of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security.
(4) Test the coordination between Federal, State, local,
and Tribal governments and private entities.
(5) Exercising the integration of operational capabilities
of the Department of Homeland Security, the Cyber National
Mission Force, Federal law enforcement, and the intelligence
community.
(6) Test relevant information sharing and operational
agreements.
(7) Exercising integrated operations, mutual support, and
shared situational awareness of the cybersecurity operations
centers of the Federal Government, including the following:
(A) The Cybersecurity and Infrastructure Security
Agency.
(B) The Cyber Threat Operations Center of the
National Security Agency.
(C) The Joint Operations Center of United States
Cyber Command.
(D) The Cyber Threat Intelligence Integration
Center of the Office of the Director of National
Intelligence.
(E) The National Cyber Investigative Joint Task
Force of the Federal Bureau of Investigation.
(F) The Defense Cyber Crime Center of the
Department of Defense.
(G) The Intelligence Community Security
Coordination Center of the Office of the Director of
National Intelligence.
(f) Briefing.--
(1) In general.--Not later than 180 days after the date on
which each exercise under subsection (a) is conducted, the
President shall submit to the appropriate congressional
committees a briefing on the participation of the Federal
Government participants in each such exercise.
(2) Contents.--Each briefing required under paragraph (1)
shall include the following:
(A) An assessment of the decision and response gaps
observed in the national level response.
(B) Proposed recommendations to improve the
resilience, response, and recovery in the case of a
significant cyber attack impacting critical
infrastructure.
(C) Plans to implement the recommendations
described in subparagraph (B).
(D) Specific timelines for the implementation of
such plans.
(g) Repeal.--Subsection (b) of section 1648 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1119) is repealed.
(h) National Cyber Exercise Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Director, in consultation
with appropriate representatives from sector-specific agencies,
the cybersecurity research community, and Sector Coordinating
Councils, shall carry out the National Cyber Exercise Program
(referred to in this section as the ``Exercise Program'') to
evaluate the National Cyber Incident Response Plan, and other
related plans and strategies.
(2) Requirements.--
(A) In general.--The Exercise Program shall be--
(i) as realistic as practicable, based on
current risk assessments, including credible
threats, vulnerabilities, and consequences;
(ii) designed, as practicable, to simulate
the partial or complete incapacitation of a
State, local, or tribal government, or related
critical infrastructure, resulting from a cyber
incident;
(iii) carried out, as appropriate, with a
minimum degree of notice to involved parties
regarding the timing and details of such
exercises, consistent with safety
considerations;
(iv) designed to provide for the systematic
evaluation of cyber readiness and enhance
operational understanding of the cyber incident
response system and relevant information
sharing agreements; and
(v) designed to promptly develop after-
action reports and plans that can be quickly
incorporating lessons learned into future
operations.
(B) Model exercise selection.--The Exercise Program
shall include a selection of model exercises that
State, local, and Tribal governments can readily adapt
for use and aid such governments with the design,
implementation, and evaluation of exercises that--
(i) conform to the requirements under
subparagraph (A);
(ii) are consistent with any applicable
State, local, or Tribal strategy or plan; and
(iii) provide for systematic evaluation of
readiness.
(i) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Armed Services of the House of
Representatives;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(D) the Committee on Homeland Security of the House
of Representatives.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(4) Private entity.--The term ``private entity'' has the
meaning given the term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Sector-specific agency.--The term ``sector-specific
agency'' has the meaning given the term ``Sector-Specific
Agency'' in section 2201 of the Homeland Security Act of 2002
(6 U.S.C. 651).
(7) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the United States
Virgin Islands, Guam, American Samoa, and any other territory
or possession of the United States.
Subtitle D--Nuclear Forces
SEC. 1641. COORDINATION IN TRANSFER OF FUNDS BY DEPARTMENT OF DEFENSE
TO NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Section 179(f)(3) of title 10, United States Code,
is amended by adding at the end the following new subparagraph:
``(D) The Secretary of Defense and the Secretary of Energy shall
ensure that a transfer of estimated nuclear budget request authority is
carried out in a manner that provides for coordination between the
Secretary of Defense and the Administrator for Nuclear Security using
appropriate interagency processes during the process in which the
Secretaries develop the budget materials of the Department of Defense
and the National Nuclear Security Administration, including by
beginning such coordination by not later than June 30 for such budget
materials that will be submitted during the following year.''.
(b) Reports.--Subparagraph (B) of such section is amended by adding
at the end the following new clause:
``(iv) A description of the total amount of the proposed
estimated nuclear budget request authority to be transferred by
the Secretary of Defense to the Secretary of Energy to support
the weapons activities of the National Nuclear Security
Administration, including--
``(A) identification of any trade-offs made within
the budget of the Department of Defense as part of such
proposed transfer; and
``(B) a certification made jointly by the
Secretaries that such proposed transfer was developed
in a manner that allowed for the coordination described
in subparagraph (D).''.
SEC. 1642. EXERCISES OF NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS
SYSTEM.
(a) Requirement.--Chapter 24 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 499b. Exercises of nuclear command, control, and communications
system
``(a) Required Exercises.--Except as provided by subsection (b),
beginning 2021, the President shall participate in a large-scale
exercise of the nuclear command, control, and communications system
during the first year of each term of the President, and may
participate in such additional exercises as the President determines
appropriate.
``(b) Waiver.--The President may waive, on a case-by-case basis,
the requirement to participate in an exercise under subsection (a) if
the President--
``(1) determines that participating in such an exercise is
infeasible by reason of a war declared by Congress, a national
emergency declared by the President or Congress, a public
health emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d), or other similar exigent circumstance; and
``(2) submits to the congressional defense committees a
notice of the waiver and a description of such
determination.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``499b. Exercises of nuclear command, control, and communications
system.''.
SEC. 1643. INDEPENDENT STUDIES ON NUCLEAR WEAPONS PROGRAMS OF CERTAIN
FOREIGN STATES.
(a) Study.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into a
contract with a federally funded research and development center to
conduct a study on the nuclear weapons programs of covered foreign
countries.
(b) Matters Included.--The study under subsection (a) shall compile
open-source data to conduct an analysis of the following for each
covered foreign country:
(1) The activities, budgets, and policy documents,
regarding the nuclear weapons program.
(2) The known research and development activities with
respect to nuclear weapons.
(3) The inventories of nuclear weapons and delivery
vehicles with respect to both deployed and nondeployed weapons.
(4) The capabilities of such nuclear weapons and delivery
vehicles.
(5) The physical sites used for nuclear processing,
testing, and weapons integration.
(6) The human capital of the scientific and technical
workforce involved in nuclear programs, including with respect
to matters relating to the education, knowledge, and technical
capabilities of that workforce.
(7) The known deployment areas for nuclear weapons.
(8) Information with respect to the nuclear command and
control system.
(9) The factors and motivations driving the nuclear weapons
program and the nuclear command and control system.
(10) Any other information that the federally funded
research and development center determines appropriate.
(c) Submission to DOD.--Not later than 14 months after the date of
the enactment of this Act, and each year thereafter for the following 2
years, the federally funded research and development center shall
submit to the Secretary the study under subsection (a) and any updates
to the study.
(d) Submission to Congress.--Not later than 30 days after the date
on which the Secretary receives the study under subsection (a) or
updates to the study, the Secretary shall submit to the appropriate
congressional committees the study or such updates, without change.
(e) Public Release.--The federally funded research and development
center shall maintain an internet website on which the center--
(1) publishes the study under subsection (a) by not later
than 30 days after the date on which the Secretary receives the
study under subsection (c); and
(2) provides on an ongoing basis commentaries, analyses,
updates, and other information regarding the nuclear weapons of
covered foreign countries.
(f) Form.--The study under subsection (a) shall be in unclassified
form.
(g) Modification to Report on Nuclear Forces of the United States
and Near-Peer Countries.--Section 1676 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1778) is amended--
(1) in subsection (a), by striking ``Not later than
February 15, 2020, the Secretary of Defense, in coordination
with the Director of National Intelligence, shall'' and
inserting ``Not later than February 15, 2020, and each year
thereafter through 2023, the Secretary of Defense and the
Director of National Intelligence shall jointly''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(4) With respect to the current and planned nuclear
systems specified in paragraphs (1) through (3), the factors
and motivations driving the development and deployment of the
systems.''.
(h) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(C) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(2) The term ``covered foreign country'' means each of the
following:
(A) China.
(B) North Korea.
(C) Russia.
(3) The term ``open-source data'' includes data derived
from, found in, or related to any of the following:
(A) Geospatial information.
(B) Seismic sensors.
(C) Commercial data.
(D) Public government information.
(E) Academic journals and conference proceedings.
(F) Media reports.
(G) Social media.
SEC. 1644. ROLE OF SECRETARY OF DEFENSE AND SECRETARY OF ENERGY ON
NUCLEAR WEAPONS COUNCIL.
(a) Membership.--Subsection (a) of section 179 of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (3) through (8), respectively; and
(2) by inserting before paragraph (3), as so redesignated,
the following new paragraphs:
``(1) The Secretary of Defense.
``(2) The Secretary of Energy.''.
(b) Chairman; Meetings.--Subsection (b) of section 179 of title 10,
United States Code, is amended to read as follows:
``(b) Chairman; Meetings.--(1) The Council shall be co-chaired by
the Secretary of Defense and the Secretary of Energy. Any reference in
any statute or regulation to the Chairman of the Council shall be
deemed to be a reference to the Secretary of Defense and the Secretary
of Energy jointly.
``(2) The Council shall meet not less often than once every three
months. To the extent possible, not later than seven days before a
meeting, the Chairman shall disseminate to each member of the Council
the agenda and documents for such meeting.''.
SEC. 1645. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO UPDATES ON
MEETINGS HELD BY NUCLEAR WEAPONS COUNCIL.
Section 179(g) of title 10, United States Code, is amended to read
as follows:
``(g) Semiannual Updates on Council Meetings.--(1) Not later than
February 1 and August 1 of each year, the Council shall provide to the
congressional defense committees a semiannual update including, with
respect to the six-month period preceding the update--
``(A) the dates on which the Council met; and
``(B) except as provided by paragraph (2), a summary of any
decisions made by the Council pursuant to subsection (d) at
each such meeting and the rationale for and options that
informed such decisions.
``(2) The Council shall not be required to include in a semiannual
update under paragraph (1) the matters described in subparagraph (B) of
that paragraph with respect to decisions of the Council relating to the
budget of the President for a fiscal year if the budget for that fiscal
year has not been submitted to Congress under section 1105 of title 31
as of the date of the semiannual update.
``(3) The Council may provide a semiannual update under paragraph
(1) either in the form of a briefing or a written report.
``(4)(A) If by February 1 of any year the Council has not provided
the semiannual update under paragraph (1) required by that date, not
more than 50 percent of the funds authorized to be appropriated for
that year for the Office of the Under Secretary of Defense for
Acquisition and Sustainment may be obligated or expended until the date
on which such semiannual update has been provided.
``(B) If by August 1 of any year the Council has not provided the
semiannual update under paragraph (1) required by that date, not more
than 90 percent of the funds authorized to be appropriated for that
year for the Office of the Under Secretary of Defense for Acquisition
and Sustainment may be obligated or expended until the date on which
such semiannual update has been provided.''.
SEC. 1646. BRIEFING ON NUCLEAR WEAPONS STORAGE AND MAINTENANCE
FACILITIES OF THE AIR FORCE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Air Force shall provide to the congressional
defense committees a briefing on the efforts by the Secretary to harden
and modernize the nuclear weapons storage and maintenance facilities of
the Air Force. The briefing shall include the plans of the Secretary
with respect to the following:
(1) Verifying that the Air Force is deploying tested and
field-proven physical security designs of such facilities,
including with respect to forced entry, blast and ballistic
resistant barrier systems, that incorporate multiple reactive
countermeasures for protection against the dedicated adversary
threat classification level.
(2) Streamlining the procurement of the infrastructure to
protect ground-based strategic deterrent weapons by ensuring
that the physical security designs of such facilities are
appropriately tailored to the threat.
(3) Ensuring that competitive procedures are used in
awarding a contract for the physical security design of such
facilities that include a fair consideration of such designs
that are successfully used at other similar facilities.
(4) Ensuring that the physical security design for which
such contract is awarded--
(A) meets the security requirements of all planned
modernization projects for the nuclear weapons storage
and maintenance facilities of the Air Force; and
(B) do not result in higher and additional costs to
shore up existing infrastructure at such facilities.
Subtitle E--Missile Defense Programs
SEC. 1651. EXTENSION AND MODIFICATION OF REQUIREMENT FOR COMPTROLLER
GENERAL OF THE UNITED STATES REVIEW AND ASSESSMENT OF
MISSILE DEFENSE ACQUISITION PROGRAMS.
Section 232(a) of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1339), as amended by section
1688 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1144), is amended--
(1) in paragraph (1), by striking ``through 2020'' and
inserting ``through 2025''; and
(2) in paragraph (2)--
(A) by striking ``through 2021'' and inserting
``through 2026''; and
(B) by adding at the end the following new
sentence: ``In carrying out this subsection, the
Comptroller General shall review emergent issues
relating to such programs and accountability and, in
consultation with the congressional defense committees,
either include any findings from the review in the
reports submitted under this paragraph or provide to
such committees a briefing on the findings.''.
SEC. 1652. EXTENSION OF TRANSITION OF BALLISTIC MISSILE DEFENSE
PROGRAMS TO MILITARY DEPARTMENTS.
Section 1676(b)(1) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is amended by
striking ``2021'' and inserting ``2023''.
SEC. 1653. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING
SPACE SENSOR PAYLOAD.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Subsection (d) of section 1683 of the National
Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 10 U.S.C. 2431 note), as amended by section
1683 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), requires the
Director of the Missile Defense Agency to develop a
hypersonic and ballistic tracking space sensor payload
to address missile defense tracking requirements.
(B) The budget of the President for fiscal year
2021 submitted under section 1105 of title 31, United
States Code, did not provide any funding for the
Missile Defense Agency to continue the development of
such sensor payload.
(2) Sense of congress.--It is the sense of Congress that--
(A) regardless of the overall architecture for a
missile defense tracking space layer, the Director of
the Missile Defense Agency should remain the material
developer for the hypersonic and ballistic tracking
space sensor payload to ensure that--
(i) unique hypersonic and ballistic missile
tracking requirements are met; and
(ii) the system can be integrated into the
existing missile defense system command and
control, battle management, and communications
system; and
(B) the Secretary of Defense should ensure
transparency of funding for this effort to ensure
proper oversight can be conducted on this critical
capability.
(b) Limitation.--Subsection (d) of section 1683 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2431 note), as amended by section 1683 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92), is amended
by adding at the end the following new paragraph:
``(3) Limitation.--Of the funds authorized to be
appropriated by the National Defense Authorization Act for
Fiscal Year 2021 or otherwise made available for fiscal year
2021 for operation and maintenance, Defense-wide, for the Space
Defense Agency, not more than 50 percent may be obligated or
expended until the date on which the Secretary submits the
certification under paragraph (2)(B).''.
(c) Coordination.--Subsection (a) of such section is amended by
striking ``the Commander of the Air Force Space Command and'' and
inserting ``the Chief of Space Operations, the Commander of the United
States Space Command, the Commander of the United States Northern
Command, and''.
SEC. 1654. ANNUAL CERTIFICATION ON HYPERSONIC AND BALLISTIC MISSILE
TRACKING SPACE SENSOR PAYLOAD.
(a) Finding; Sense of Congress.--
(1) Finding.--Congress finds that the budget submitted by
the President under section 1105(a) of title 31, United States
Code, for fiscal year 2021 does not fully fund an operational
capability for the hypersonic and ballistic missile tracking
space sensor within the tracking layer of the persistent space-
based sensor architecture of the Space Development Agency,
despite such space sensor being a requirement by the combatant
commanders and being highlighted as a needed capability against
both hypersonic and ballistic threats in the Missile Defense
Review published in 2019.
(2) Sense of congress.--It is the sense of Congress that
the Missile Defense Agency hypersonic and ballistic missile
tracking space sensor must be prioritized within the persistent
space-based sensor architecture of the Space Development Agency
to ensure the delivery of capabilities to the warfighter as
soon as possible.
(b) Annual Certification.--Subsection (d) of section 1683 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 10 U.S.C. 2431 note), as amended by section 1653, is further
amended by adding at the end the following new paragraph:
``(4) Annual certification.--On an annual basis until the
date on which the hypersonic and ballistic tracking space
sensor payload achieves full operational capability, the
Secretary of Defense, without delegation, shall submit to the
appropriate congressional committees a certification that--
``(A) the most recent future-years defense program
submitted under section 221 of title 10, United States
Code, includes estimated expenditures and proposed
appropriations in amounts necessary to ensure the
development and deployment of such space sensor payload
as a component of the sensor architecture developed
under subsection (a); and
``(B) the Commander of the United States Space
Command has validated both the ballistic and hypersonic
tracking requirements of, and the timeline to deploy,
such space sensor payload.''.
SEC. 1655. ALIGNMENT OF THE MISSILE DEFENSE AGENCY WITHIN THE
DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) Since the Missile Defense Agency was aligned to be
under the authority, direction, and control of the Under
Secretary of Defense for Research and Engineering pursuant to
section 205(b) of title 10, United States Code, the advanced
technology development budget requests in the defense budget
materials (as defined in section 231(f) of title 10, United
States Code) have decreased by more than 650 percent, from a
request for $292,000,000 for fiscal year 2018 (the highest such
request) to a request for $45,000,000 for fiscal year 2021.
(2) The overwhelming majority of the budget of the Missile
Defense Agency is invested in programs that would be
categorized as acquisition category 1 efforts if such programs
were administered under the acquisition standards under
Department of Defense Directive 5000.
(b) Sense of Congress.--It is the sense of Congress that, in light
of the findings under subsection (a), upon the completion of the
independent review of the organization of the Missile Defense Agency
required by section 1688 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1787), the Secretary of
Defense should reassess the alignment of the Agency within the
Department of Defense to ensure that missile defense efforts are being
given proper oversight and that the Agency is focused on delivering
capability to address current and future threats.
(c) Report.--Not later than February 28, 2021, the Secretary of
Defense shall submit to the congressional defense committees a report
on the alignment of the Missile Defense Agency within the Department of
Defense. The report shall include--
(1) a description of the risks and benefits of both--
(A) continuing the alignment of the Agency under
the authority, direction, and control of the Under
Secretary of Defense for Research and Engineering
pursuant to section 205(b) of title 10, United States
Code; and
(B) realigning the Agency to be under the
authority, direction, and control of the Under
Secretary of Defense for Acquisition and Sustainment;
and
(2) if the Agency were to be realigned, the actions that
would need to be taken to realign the Agency to be under the
authority, direction, and control of the Under Secretary of
Defense for Acquisition and Sustainment or another element of
the Department of Defense.
SEC. 1656. ANALYSIS OF ALTERNATIVES FOR HOMELAND MISSILE DEFENSE
MISSIONS.
(a) Analysis of Alternatives.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Director of Cost Assessment and
Program Evaluation, in coordination with the Secretary of the
Navy, the Secretary of the Army, and the Director of the
Missile Defense Agency, shall conduct an analysis of
alternatives with respect to a complete architecture for using
the regional terminal high altitude area defense system and the
Aegis ballistic missile defense system to conduct homeland
defense missions.
(2) Scope.--The analysis of alternatives under paragraph
(1) shall include the following:
(A) The sensors needed for the architecture
described in such paragraph.
(B) An assessment of the locations of each system
included in the analysis to provide similar coverage as
the ground-based midcourse defense system, including,
with respect to such systems that are land-based, by
giving preference to locations with completed
environmental impact analyses conducted pursuant to
section 227 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1678), to the extent practicable.
(C) The acquisition objectives for interceptors of
the terminal high altitude area defense system and
standard missile-3 interceptors for homeland defense
purposes.
(D) Any improvements needed to the missile defense
system command and control, battle management, and
communications system.
(E) The manning, training, and sustainment needed
to support such architecture.
(F) A detailed schedule for the development,
testing, production, and deployment of such systems.
(G) A lifecycle cost estimate of such architecture.
(H) A comparison of the capabilities, costs,
schedules, and policies with respect to--
(i) deploying regional systems described in
subsection (a) to conduct homeland defense
missions; and
(ii) deploying future ground-based
midcourse defense systems for such missions.
(3) Submission.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing--
(A) the analysis of alternatives under paragraph
(1); and
(B) a certification by the Secretary that such
analysis is sufficient.
(b) Assessment.--Not later than February 28, 2021, the Director of
the Defense Intelligence Agency, and the head of any other element of
the intelligence community that the Secretary of Defense determines
appropriate, shall submit to the congressional defense committees an
assessment of the following:
(1) How the development and deployment of regional terminal
high altitude area defense systems and Aegis ballistic missile
defense systems to conduct longer-range missile defense
missions would be perceived by near-peer foreign countries and
rogue nations.
(2) How such near-peer foreign countries and rogue nations
would likely respond to such deployments.
SEC. 1657. NEXT GENERATION INTERCEPTORS.
(a) Notification of Changed Requirements.--During the acquisition
and development process of the next generation interceptor program, not
later than 7 days after the date on which any changes are made to the
requirements for such program that are established in the equivalent to
capability development documentation, the Director of the Missile
Defense Agency shall notify the congressional defense committees of
such changes.
(b) Briefing on Contract.--Not later than 14 days after the date on
which the Director awards a contract for the next generation
interceptor, the Director shall provide the congressional defense
committees a briefing on such contract, including with respect to the
cost, schedule, performance, and requirements of the contract.
(c) Report on Ground-Based Midcourse Defense System.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Under Secretary of Defense for Policy,
the Director of the Missile Defense Agency, and the Commander
of the United States Northern Command, shall submit to the
congressional defense committees a report on the ground-based
midcourse defense system.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) An explanation of how contracts in existence as
of the date of the report could be used to reestablish
improvements and sustainment for kill vehicles and
boosters for the ground-based midcourse defense system.
(B) An explanation of how such system could be
improved through service life extensions or pre-planned
product improvements to address some of the
requirements of the next generation interceptor by
2026, including an identification of the costs,
schedule, and any risks.
(C) A description of the costs and schedule with
respect to restarting booster production to field 20
additional interceptors by 2026.
(D) An analysis of policy implications with respect
to the requirements for the ground-based midcourse
defense system.
SEC. 1658. OVERSIGHT OF NEXT GENERATION INTERCEPTOR PROGRAM.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds that the Secretary of Defense
discovered major technical problems with the redesigned kill
vehicle program, which led to cancelling the program in August
2019 and caused significant delays to the improved defense of
the United States against rogue nation ballistic missile
threats and wasted $1,200,000,000.
(2) Sense of congress.--It is the sense of Congress that
the Secretary of Defense should ensure robust oversight and
accountability for the acquisition of the future next
generation interceptor program to avoid making the same errors
that were experienced in the redesigned kill vehicle effort.
(b) Independent Cost Assessment and Validation.--
(1) Assessment.--The Director of Cost Assessment and
Program Evaluation shall conduct an independent cost assessment
of the next generation interceptor program.
(2) Validation.--The Under Secretary of Defense for
Acquisition and Sustainment shall validate the preliminary cost
assessment conducted under paragraph (1) that will be used to
inform the award of the contract for the next generation
interceptor.
(3) Submission.--Not later than the date on which the
Director of the Missile Defense Agency awards a contract for
the next generation interceptor, the Secretary of Defense shall
submit to the congressional defense committees a report
containing the preliminary independent cost assessment under
paragraph (1) and the validation under paragraph (2).
(c) Flight Tests.--In addition to the requirements of section 2399
of title 10, United States Code, the Director of the Missile Defense
Agency may not make any decision regarding the initial production, or
equivalent, of the next generation interceptor unless the Director
has--
(1) certified to the congressional defense committees that
the Director has conducted not fewer than two successful
intercept flight tests of the next generation interceptor; and
(2) provided to such committees a briefing on the details
of such tests, including with respect to the operational
realism of such tests.
SEC. 1659. MISSILE DEFENSE COOPERATION BETWEEN THE UNITED STATES AND
ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the strong and enduring relationship between the United
States and Israel is in the national security interest of both
countries;
(2) the memorandum of understanding signed by the United
States and Israel on September 14, 2016, including the
provisions of the memorandum relating to missile and rocket
defense cooperation, continues to be a critical component of
the bilateral relationship;
(3) the United States and Israel should continue
government-to-government collaboration and information sharing
of technical data to investigate the potential operational use
of Israeli missile defense systems for United States purposes;
and
(4) in addition to the existing Israeli missile defense
interceptor systems, there is potential for developing and
incorporating directed energy platforms to assist the missile
defense capabilities of both the United States and Israel.
(b) Cooperation.--The Secretary of Defense may seek to extend
existing cooperation with Israel to carry out, on a joint basis with
Israel, research, development, test, and evaluation activities to
establish directed energy capabilities that address missile threats to
the United States, the deployed members of the Armed Forces of the
United States, or Israel. The Secretary shall ensure that any such
activities are conducted--
(1) in accordance with Federal law and the Convention on
Prohibitions or Restrictions on the Use of Certain Conventional
Weapons which may be deemed to be Excessively Injurious or to
have Indiscriminate Effects, signed at Geneva October 10, 1980;
and
(2) in a manner that appropriately protects sensitive
information and the national security interests of the United
States and the national security interests of Israel.
SEC. 1660. REPORT ON DEFENSE OF GUAM FROM INTEGRATED AIR AND MISSILE
THREATS.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing a study on the
defense of Guam from integrated air and missile threats, including such
threats from ballistic, hypersonic, and cruise missiles.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) The identification of existing deployed land- and sea-
based air and missile defense programs of record within the
military departments and Defense Agencies, including with
respect to interceptors, radars, and ground-, ship-, air,- and
space-based sensors that could be used either alone or in
coordination with other systems to counter the threats
specified in subsection (a) with an initial operational
capability by 2025.
(2) A plan of how such programs would be used to counter
such threats with an initial operational capability by 2025.
(3) A plan of which programs currently in development but
not yet deployed could enhance or substitute for existing
programs in countering such threats with an initial operational
capability by 2025.
(4) An analysis of which military department, Defense
Agency, or combatant command would have operational control of
the mission to counter such threats.
(5) A cost analysis of the various options described in
paragraphs (1) and (3), including a breakdown of the cost of
weapons systems considered under the various scenarios
(including any costs to modify the systems), the cost benefits
gained through economies of scale, and the cost of any military
construction required.
(6) An analysis of the policy implications regarding
deploying additional missile defense systems on Guam, and how
such deployments could affect strategic stability, including
likely responses from both rogue nations and near-peer
competitors.
(c) Consultation.--The Secretary shall carry out this section in
consultation with each of the following:
(1) The Director of the Missile Defense Agency.
(2) The Commander of the United States Indo-Pacific
Command.
(3) The Commander of the United States Northern Command.
(4) Any other official whom the Secretary of Defense
determines for purposes of this section has significant
technical, policy, or military expertise.
(d) Form.--The report submitted under subsection (a) shall be in
unclassified form, but may contain a classified annex.
(e) Briefing.--Not later than 30 days after the date on which the
Secretary submits to the congressional defense committees the report
under subsection (a), the Secretary shall provide to such committees a
briefing on the report.
SEC. 1661. REPORT ON CRUISE MISSILE DEFENSE.
Not later than January 15, 2021, the Commander of the United States
Northern Command, in coordination with the Director of the Missile
Defense Agency, shall submit to the congressional defense committees a
report containing--
(1) an identification of any vulnerability of the
contiguous United States to known cruise missile threats; and
(2) a plan to mitigate any such vulnerability.
Subtitle F--Other Matters
SEC. 1671. CONVENTIONAL PROMPT GLOBAL STRIKE.
(a) Integration.--Section 1697(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1791) is amended by adding at the end the following new sentence: ``The
Secretary shall initiate such transfer of technologies to DDG-1000
class destroyers by not later than January 1, 2021.''.
(b) Report on Strategic Hypersonic Weapons.--
(1) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Chairman of the Joint Chiefs of
Staff, in coordination with the Under Secretary of Defense for
Policy, shall submit to the congressional defense committees a
report on strategic hypersonic weapons.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) A discussion of the authority to use strategic
hypersonic weapons and if, and how, such authorities
would be delegated to the commanders of the combatant
commands or to the Chiefs of the Armed Forces.
(B) An assessment of escalation and miscalculation
risks (including the risk that adversaries may detect
initial launch but not reliably detect the entire
boost-glide trajectory), how such risks will be
addressed and minimized with regards to the use of
strategic hypersonic weapons, and whether any risk
escalation exercises have been conducted or are planned
for the potential use of hypersonic weapons.
(C) A description of any updates needed to war
plans with the introduction of strategic hypersonic
weapons.
(D) Identification of the element of the Department
of Defense that has responsibility for establishing
targeting requirements for strategic hypersonic
weapons.
(E) A description of how the requirements for land-
and sea-based strategic hypersonic weapons will be
addressed with the Joint Requirements Oversight
Council, and how such requirements will be formally
provided to the military departments procuring such
weapons through an acquisition program described under
section 804 of the National Defense Authorization Act
for Fiscal Year 2016 (10 U.S.C. 2302 note).
(F) A basing strategy for land-based launch
platforms and a description of the actions needed to be
taken for future deployment of such platforms.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Annual Reports on Acquisition.--
(1) Army and navy programs.--Except as provided by
paragraph (3), not later than 30 days after the date on which
the budget of the President for each of fiscal years 2022
through 2025 is submitted to Congress pursuant to section 1105
of title 31, United States Code, the Secretary of the Army and
the Secretary of the Navy shall jointly submit to the
congressional defense committees a report on the conventional
prompt global strike programs of the Army and the Navy,
including--
(A) the total costs to the respective military
departments for such programs;
(B) the strategy for such programs with respect to
manning, training, and equipping, including cost
estimates; and
(C) a testing strategy and schedule for such
programs.
(2) Certifications.--Not later than 60 days after the date
on which the budget of the President for each of fiscal years
2022 through 2025 is submitted to Congress pursuant to section
1105 of title 31, United States Code, the Director of Cost
Assessment and Program Evaluation shall submit to the
congressional defense committees a certification regarding the
sufficiency, including any anomalies, with respect to--
(A) the total program costs of the conventional
prompt global strike programs of the Army and the Navy;
and
(B) the testing strategy for such programs.
(3) Termination.--The requirement to submit a report under
paragraph (1) shall terminate on the date on which the
Secretary of Defense determines that the conventional prompt
global strike programs of the Army and the Navy are unable to
be acquired under the authority of section 804 of the National
Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302
note).
SEC. 1672. SUBMISSION OF REPORTS UNDER MISSILE DEFENSE REVIEW AND
NUCLEAR POSTURE REVIEW.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees--
(1) each report produced by the Department of Defense
pursuant to the Missile Defense Review published in 2019; and
(2) each report produced by the Department pursuant to the
Nuclear Posture Review published in 2018.
SEC. 1673. REPORT ON CONSIDERATION OF RISKS OF INADVERTENT ESCALATION
TO NUCLEAR WAR.
(a) Report.--Not later than January 31, 2021, the Under Secretary
of Defense for Policy shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report--
(1) detailing the efforts of the Department of Defense with
respect to developing and implementing guidance to ensure that
the risks of inadvertent escalation to a nuclear war are
considered within the decision-making processes of the
Department regarding relevant activities (such as developing
contingency plans, managing military crises and conflicts, and
supporting the Department of State in the development,
negotiation, and implementation of cooperative risk-reduction
measures); and
(2) identifying the capabilities and factors taken into
account in developing such guidance.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Briefing.--Not later than December 1, 2020, the Under Secretary
shall provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the progress and findings
made in carrying out subsection (a).
SEC. 1674. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO REPORTS ON
MISSILE SYSTEMS AND ARMS CONTROL TREATIES.
(a) Limitation.--
(1) In general.--Beginning on October 1, 2020, if the
Secretary of Defense has not submitted the covered reports, not
more than 25 percent of the funds specified in paragraph (2)
may be obligated or expended until the date on which the
covered reports have been submitted.
(2) Funds specified.--The funds specified in this paragraph
are the funds authorized to be appropriated by the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 or otherwise made available for fiscal year 2021 for
the immediate office of the Secretary of Defense.
(b) Covered Reports Defined.--In this section, the term ``covered
reports'' means--
(1) the report under section 1698(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1792); and
(2) the assessment under section 1236(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1650).
SEC. 1675. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY REVIEW.
(a) In General.--The Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland Security
shall conduct a review of the ability of the Cybersecurity and
Infrastructure Security Agency to carry out its mission requirements,
as well as the recommendations detailed in the U.S. Cyberspace Solarium
Commission's Report regarding the Agency.
(b) Elements of Review.--The review conducted in accordance with
subsection (a) shall include the following elements:
(1) An assessment of how additional budget resources could
be used by the Cybersecurity and Infrastructure Security Agency
for projects and programs that--
(A) support the national risk management mission;
(B) support public and private-sector
cybersecurity;
(C) promote public-private integration; and
(D) provide situational awareness of cybersecurity
threats.
(2) A force structure assessment of the Cybersecurity and
Infrastructure Security Agency, including--
(A) a determination of the appropriate size and
composition of personnel to carry out the mission
requirements of the Agency, as well as the
recommendations detailed in the U.S. Cyberspace
Solarium Commission's Report regarding the Agency;
(B) as assessment of whether existing personnel are
appropriately matched to the prioritization of threats
in the cyber domain and risks to critical
infrastructure;
(C) an assessment of whether the Agency has the
appropriate personnel and resources to--
(i) perform risk assessments, threat
hunting, and incident response to support both
private and public cybersecurity;
(ii) carry out its responsibilities related
to the security of Federal information and
Federal information systems (as such term is
defined in section 3502 of title 44, United
States Code); and
(iii) carry out its critical infrastructure
responsibilities, including national risk
management;
(D) an assessment of whether current structure,
personnel, and resources of regional field offices are
sufficient to carry out Agency responsibilities and
mission requirements; and
(E) an assessment of current Cybersecurity and
Infrastructure Security Agency facilities, including a
review of the suitability of such facilities to fully
support current and projected mission requirements
nationally and regionally, and recommendations
regarding future facility requirements.
(c) Submission of Review.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report detailing the result of the review
conducted in accordance with subsection (a), including recommendations
to address any identified gaps.
(d) General Services Administration Review.--
(1) Submission of assessment.--Upon submission to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate of the report required under subsection (c), the
Director of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security shall submit to
the Administrator of the General Services Administration the
results of the assessment required under subsection (b)(2)(E).
(2) Review.--The Administrator of the General Services
Administration shall--
(A) conduct a review of Cybersecurity and
Infrastructure Security Agency assessment required
under subsection (b)(2)(E); and
(B) make recommendations regarding resources needed
to procure or build a new facility or augment existing
facilities to ensure sufficient size and accommodations
to fully support current and projected mission
requirements, including the integration of personnel
from the private sector and other Federal departments
and agencies.
(3) Submission of review.--Not later than 30 days after
receipt of the assessment under paragraph (1), the
Administrator of the General Services Administration shall
submit to the President, the Secretary of Homeland Security,
the Committee on Homeland Security and Governmental Affairs of
the Senate, and the Committee on Homeland Security of the House
of Representatives the review required under paragraph (2).
TITLE XVII--REPORTS AND OTHER MATTERS
Subtitle A--Studies and Reports
SEC. 1701. REVIEW OF SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.
(a) Review.--The Comptroller General of the United States shall
conduct a review of all support provided, or planned to be provided,
under section 127e of title 10, United States Code. Such review shall
include an analysis of each of the following:
(1) The strategic alignment between such support and
relevant Executive orders, global campaign plans, theatre
campaign plans, execute orders, and other guiding documents for
currency, relevancy, and efficacy.
(2) The extent to which United States Special Operations
Command has the processes and procedures to manage, integrate,
and synchronize the authority under section 127e of title 10,
United States Code, in support of the objectives and priorities
specified by the documents listed in (a)(1) as well as the
objectives and priorities of--
(A) the geographic combatant commands;
(B) theatre elements of United States Special
Operations Command;
(C) relevant chiefs of mission and other
appropriate positions in the Department of State; and
(D) any other interagency organization affected by
the use of such authority.
(3) For the activities carried out pursuant to such
authority, the extent to which United States Special Operations
Command has the processes and procedures to--
(A) determine the professionalism, cohesion, and
institutional capacity of the military in the country
where forces receiving support are based;
(B) determine the adherence of the forces receiving
support to human rights norms and the laws of armed
conflict;
(C) establish measures of effectiveness;
(D) assess such activities against established
measures of effectiveness as identified in subparagraph
(C);
(E) establish criteria to determine the successful
completion of such activities;
(F) deconflict and synchronize activities conducted
under such authority with other relevant funding
authorities;
(G) deconflict and synchronize activities conducted
under such authorities with other relevant activities
conducted by organizations related to, but outside the
purview of, the Department of Defense; and
(H) track the training, support, and facilitation
provided to forces receiving support, and the
significant activities undertaken by such forces as a
result of such training, support, and facilitation.
(4) The extent to which United States Special Operations
Command has processes and procedures to manage the sunset,
termination, or transition of activities carried out pursuant
to such authority, including--
(A) accountability with respect to equipment
provided; and
(B) integrity of the tactics, techniques, and
procedures developed.
(5) The extent to which United States Special Operations
Command has and uses processes and procedures to--
(A) report to Congress biannually on the matters
referred to in paragraph (3); and
(B) notify Congress with respect to the intent to
sunset, terminate, or transition activities carried out
pursuant to such authority.
(6) Any other issues the Comptroller General determines
appropriate with respect to the authority under section 127e of
title 10, United States Code.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall provide for the
Committees on Armed Services of the Senate and House of Representatives
a briefing on the progress of the review required under subsection (a).
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the findings of the review required under subsection (a) and the
recommendations of the Comptroller General pursuant to such review.
(d) Support Defined.--In this section, the term ``support''
includes--
(1) personnel who provide capacity for--
(A) training and equipment;
(B) training, advice, and assistance; or
(C) advice, assistance, and accompaniment capacity;
(2) financial assistance; and
(3) equipment and weapons.
SEC. 1702. FFRDC STUDY OF EXPLOSIVE ORDNANCE DISPOSAL AGENCIES.
(a) In General.--The Secretary of Defense shall enter into an
agreement with a federally funded research and development corporation
under which such corporation shall conduct a study of the
responsibilities, authorities, policies, programs, resources,
organization, and activities of the explosive ordnance disposal
agencies of the Department of Defense, Defense Agencies, and military
departments. In carrying out the study, the federally funded research
and development corporation shall solicit input from relevant nonprofit
organizations, such as the National Defense Industrial Association EOD
Committee, United States Army EOD Association, United States Bomb
Technician Association and the EOD Warrior Foundation.
(b) Elements of Study.--The study conducted under subsection (a)
shall include, for the Department of Defense, each Defense Agency, and
each the military departments, each of the following:
(1) An identification and evaluation of--
(A) technology research, development, and
acquisition activities related to explosive ordnance
disposal, including an identification and evaluation
of--
(i) current and future technology and
related industrial base gaps; and
(ii) any technical or operational risks
associated with such technology or related
industrial base gaps;
(B) recruiting, training, education, assignment,
promotion, and retention of military and civilian
personnel with responsibilities relating to explosive
ordnance disposal;
(C) administrative and operational force structure
with respect to explosive ordnance disposal, including
an identification and assessment of risk associated
with force structure capacity or capability gaps, if
any; and
(D) the demand for, and activities conducted in
support of, domestic and international military
explosive ordnance disposal operations, including--
(i) support provided to Department of
Defense agencies and other Federal agencies;
and
(ii) an identification and assessment of
risk associated with the prioritization and
availability of explosive ordnance disposal
support among supported agencies and
operations.
(2) Recommendations, if any, for changes to--
(A) the organization and distribution of
responsibilities and authorities relating to explosive
ordnance disposal;
(B) the explosive ordnance disposal force
structure, management, prioritization, and operating
concepts in support of the explosive ordnance disposal
requirements of the Armed Forces and other Federal
agencies; and
(C) resource investment strategies and technology
prioritization for explosive ordnance disposal,
including science and technology, prototyping,
experimentation, test and evaluation, and related 5-
year funding profiles.
(c) Report to Congress.--
(1) In general.--Not later than August 31, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report on the study conducted under subsection
(a). Such report shall include the comments on the study, if
any, of the Secretary of Defense, the directors of each of the
Defense Agencies, and the Secretaries of each of the military
departments.
(2) Form of report.--The report submitted under paragraph
(1) shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 1703. REPORT ON THE HUMAN RIGHTS OFFICE AT UNITED STATES SOUTHERN
COMMAND.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the promotion of human rights and the protection of
civilians abroad is an ethical, legal, and strategic interest
of the United States;
(2) the Human Rights Office at the United States Southern
Command plays an essential role in the promotion of human
rights and the professionalization of foreign security forces
in the area of responsibility of the United States Southern
Command;
(3) the Secretary of Defense should ensure the status of
the Human Rights Office at the United States Southern Command
and, to the extent possible, ensure the United States Southern
Command has the assets necessary to support the activities of
the Human Rights Office; and
(4) the Secretary of Defense should ensure the development,
at each of the combatant commands, of an office responsible
for--
(A) advising the commander of the combatant command
on the promotion of human rights and protection of
civilians; and
(B) integrating such promotion and protection into
command strategy.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on--
(1) the activities of the Human Rights Office at the United
States Southern Command to provide and promote--
(A) analysis and policy support to the Commander of
the United States Southern Command regarding human
rights and the protection of civilians;
(B) education of employees of the Department of
Defense regarding human rights and protection of
civilians pursuant to the document promulgated by the
United States Southern Command on July 1, 1998, titled
``Regulation 1-20'' (relating to policy and procedures
for human rights administration);
(C) integration of the promotion of human rights
and protection of civilians into the strategy,
planning, training, and exercises of the United States
Southern Command, including into programs of the armed
forces of partner countries through the Human Rights
Initiative program of such Command;
(D) promotion of human rights and the protection of
civilians through security cooperation activities;
(E) implementation of section 362 of title 10,
United States Code; and
(F) countering trafficking in persons; and
(2) the resources necessary over the period of the future
years defense plan for fiscal year 2022 under section 221 of
title 10, United States Code, for the United States Southern
Command to support the activities of the Human Rights Office at
such Command.
(c) Form.--The report under subsection (b) shall be submitted in
unclassified form.
SEC. 1704. REPORT ON JOINT TRAINING RANGE EXERCISES FOR THE PACIFIC
REGION.
(a) Report.--Not later than March 15, 2021, the Chairman of the
Joint Chiefs of Staff, in coordination with the Commander of United
States Indo-Pacific Command, the Secretary of the Army, the Secretary
of the Navy, and the Secretary of the Air Force, shall submit to the
congressional defense committees a report containing a plan to
integrate combined, joint, and multi-domain, training and
experimentation in the Pacific region, including existing ranges,
training areas, and test facilities, to achieve the following
objectives:
(1) Support future combined and joint exercises and
training to test operational capabilities and weapon systems.
(2) Employ multi-domain training to validate joint
operational concepts.
(3) Integrate allied and partner countries into national-
level exercises.
(b) Matters.--The report under subsection (a) shall address the
following:
(1) Integration of cyber, space, and electromagnetic
spectrum domains.
(2) Mobile and fixed range instrumentation packages for
experimentation and training.
(3) Digital, integrated command and control for air defense
systems.
(4) Command, control, communications, computer, and
information (C41) systems.
(5) War gaming, modeling, and simulations packages.
(6) Intelligence support systems.
(7) Manpower management, execution, collection, and
analysis required for the incorporation of space and cyber
activities into the training range exercise plan contained in
such report.
(8) Connectivity requirements to support all domain
integration and training.
(9) Any training range upgrades or infrastructure
improvements necessary to integrate legacy training and
exercise facilities into integrated, operational sites.
(10) Exercises led by the United States Indo-Pacific
Command, within the area of operations of the Command, that
integrate allied and partnered countries and link to the
national-level exercises of the United States.
(11) Incorporation of any other functional and geographic
combatant commands required to support the United States Indo-
Pacific Command.
(c) Form.--The report under subsection (a) may be submitted in
classified form, and shall include an unclassified summary.
SEC. 1705. STUDY ON CHINESE POLICIES AND INFLUENCE IN THE DEVELOPMENT
OF INTERNATIONAL STANDARDS FOR EMERGING TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Institute of
Standards and Technology shall enter into an agreement with an
appropriate non-governmental entity with relevant expertise, as
determined by the Director, to conduct a study and make recommendations
with respect to the impact of the policies of the People's Republic of
China and coordination among industrial entities within the People's
Republic of China on international bodies engaged in developing and
setting international standards for emerging technologies. The study
may include--
(1) an assessment of how the role of the People's Republic
of China in international standards setting organizations has
grown over the previous 10 years, including in leadership roles
in standards-drafting technical committees, and the quality or
value of that participation;
(2) an assessment of the impact of the standardization
strategy of the People's Republic of China, as identified in
the ``Chinese Standard 2035'' on international bodies engaged
in developing and setting standards for select emerging
technologies, such as advanced communication technologies or
cloud computing and cloud services;
(3) an examination of whether international standards for
select emerging technologies are being designed to promote
interests of the People's Republic of China that are expressed
in the ``Made in China 2025'' plan to the exclusion of other
participants;
(4) an examination of how the previous practices that the
People's Republic of China has utilized while participating in
international standards setting organizations may foretell how
the People's Republic of China will engage in international
standardization activities of critical technologies like
artificial intelligence and quantum information science, and
what may be the consequences;
(5) recommendations on how the United States can take steps
to mitigate influence of the People's Republic of China and
bolster United States public and private sector participation
in international standards-setting bodies; and
(6) any other areas the Director, in consultation with the
entity selected to conduct the study, believes is important to
address.
(b) Report to Congress.--The agreement entered into under
subsection (a) shall require the entity conducting the study to, not
later than 2 years after the date of the enactment of this Act--
(1) submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing the findings and recommendations of the review
conducted under subsection (a); and
(2) make a copy of such report available on a publicly
accessible website.
SEC. 1706. SENSE OF CONGRESS AND STRATEGY ON CATASTROPHIC CRITICAL
INFRASTRUCTURE FAILURE RESPONSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the occurrence of a catastrophic critical
infrastructure failure event, in which key networks
facilitating the delivery of essential services such as
electricity, water, or communications fail for an extended
duration, would constitute a significant threat to the national
security and common welfare of the United States;
(2) such a catastrophic critical infrastructure failure
event could occur by various means, including but not limited
to those linked to natural phenomenon (including earthquakes,
hurricanes, or geomagnetic disturbances) or military conflict
(including cyberattacks, electromagnetic pulse effects, or
kinetic assault); and
(3) the Department of the Defense should strengthen its
preparedness for catastrophic critical infrastructure failure
events, including with respect to preemptive infrastructure
enhancements, the facilitation of resiliency and relief efforts
in the aftermath thereto, and the mitigation of impacts of such
an event on activities of the Department.
(b) Strategy.--
(1) In general.--Not later than 1 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 an analysis of each of the following:
(A) Particular threat scenarios involving
catastrophic critical infrastructure failure events
which the Secretary believes could be adequately
addressed by existing Department of Defense plans and
resources.
(B) Particular threat scenarios involving
catastrophic critical infrastructure failure events
which the Secretary believes could not currently be
adequately addressed by existing Department of Defense
plans and resources.
(C) Unique challenges, with respect to activities
and operations of the Department of Defense, presented
by catastrophic critical infrastructure failure events
involving geomagnetic disturbance or electromagnetic
pulse events.
(D) Strategies to increase future preparedness with
respect to any threat scenarios identified pursuant to
subparagraph (B).
(2) Form.--The report under paragraph (1) may be submitted
in classified form, but if so submitted, shall be accompanied
by an unclassified summary.
SEC. 1707. GAO STUDY ON THE SCHOOL-TO-PRISON PIPELINE.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the school to prison pipeline in order to--
(1) highlight this issue;
(2) offer proof of concept to States that evidence-based
interventions, such as restorative practices, are--
(A) more effective than punitive, exclusionary
measures;
(B) improve student achievement; and
(C) enhance public safety and student-well-being;
and
(3) determine the long-term benefits of replacing a
punitive approach to discipline with restorative practices in
schools, by analyzing the potential savings generated by
helping children stay in school and out of the criminal justice
system.
(b) Cost-Benefit Analysis.--The study conducted under subsection
(a) shall include a cost-benefit analysis to determine the
effectiveness and impact of school resource officers and local law
enforcement personnel on school climate and student discipline.
(c) Report.--Upon the conclusion of the study under subsection (a),
the Comptroller General of the United States shall prepare and submit
to Congress a report regarding the study and the conclusions and
recommendations generated from the study.
SEC. 1708. DEPARTMENT OF VETERANS AFFAIRS REPORT ON UNCLAIMED PROPERTY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the unclaimed property in the possession of the
Department of Veterans Affairs.
(b) Review of Report.--The Comptroller General of the United States
shall conduct a review of the report submitted under subsection (a).
(c) Unclaimed Property Defined.--The term ``unclaimed property''
includes any intangible personal property, including money, liquidated
obligations, choses in action, accounts, entrusted funds, deposits,
evidences of debt or instruments held by any Federal agency, officer or
employee thereof (except bonuses, gratuities, and sums held by the
Social Security Administration), which has remained unclaimed by the
owner.
SEC. 1709. REPORT REGARDING VETERANS WHO RECEIVE BENEFITS UNDER LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall publish
a report regarding veterans who receive benefits under laws
administered by the Secretary, including the Transition Assistance
Program under sections 1142 and 1144 of title 10, United States Code.
(b) Data.--The data regarding veterans published in the report
under subsection (a)--
(1) shall be disaggregated by--
(A) sex;
(B) sexual orientation;
(C) gender identity;
(D) minority group member status; and
(E) minority group member status listed by sex; and
(2) may not include any personally identifiable
information.
(c) Matters Included.--The report under subsection (a) shall
include--
(1) identification of any disparities in the use of
benefits under laws administered by the Secretary;
(2) an analysis of the cause of such disparities, and
recommendations to address such disparities; and
(3) identification of veterans who are determined to be
ineligible for benefits due to discharge status.
(d) Minority Group Member Defined.--In this section, the term
``minority group member'' has the meaning given that term in section
544 of title 38, United States Code.
SEC. 1710. GAO REPORT ON ZTE COMPLIANCE WITH SETTLEMENT AGREEMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the compliance of Zhongxing
Telecommunications Equipment Corporation and ZTE Kangxun
Telecommunications Ltd. (collectively referred to in this section as
``ZTE'') with the Superseding Settlement Agreement and Superseding
Order reached with the Department of Commerce on June 8, 2018 (in this
section referred to as the ``agreement'').
(b) Matters To Be Included.--The report required by subsection (a)
shall include a comprehensive analysis of the following:
(1) The level of compliance by ZTE, past and present, with
the obligations of ZTE under the agreement.
(2) The transparency and candor of ZTE in representing such
level of compliance.
(3) Efforts by the United States Government to monitor,
report on, and ensure compliance by ZTE with the agreement.
(4) Whether any actions taken by ZTE since June 8, 2018,
constitute a material breach of the obligations of ZTE under
the agreement.
(5) Recommended courses of action for the United States
Government to improve compliance by ZTE with the agreement or
to respond to a material breach of the obligations of ZTE under
the agreement.
SEC. 1710A. GAO STUDY OF CYBERSECURITY INSURANCE.
(a) Study.--The Comptroller General of the United States shall
conduct a study to assess and analyze the state and availability of
insurance coverage in the United States for cybersecurity risks, which
shall include--
(1) identifying the number and dollar volume of cyber
insurance policies currently in force and the percentage of
businesses, and specifically small businesses, that have cyber
insurance coverage;
(2) assessing the extent to which States have established
minimum standards for the scope of cyber insurance policies;
and
(3) identifying any barriers to modeling and underwriting
cybersecurity risks.
(b) Report.--Not later than the expiration of the 180-day period
beginning on the date of the enactment of this Act, the Comptroller
General shall submit a report to the Congress setting forth the
findings and conclusions of the study conducted pursuant to subsection
(a), which shall include recommendations on whether or not Federal
intervention would help facilitate the growth and development of
insurers offering coverage for cybersecurity risks, the availability
and affordability of such coverage, and policyholder education
regarding such coverage.
SEC. 1710B. REPORT ON RECOGNITION OF AFRICAN AMERICAN SERVICEMEMBERS IN
DEPARTMENT OF DEFENSE NAMING PRACTICES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report containing the following information:
(1) A description of current Department of Defense naming
conventions for military installations, infrastructure,
vessels, and weapon systems.
(2) A list of all military installations (including reserve
component facilities), infrastructure (including reserve
component infrastructure), vessels, and weapon systems that are
currently named after African Americans who served in the Armed
Forces.
(3) An explanation of the steps being taken to recognize
the service of African Americans who have served in the Armed
Forces with honor, heroism, and distinction by increasing the
number of military installations, infrastructure, vessels, and
weapon systems named after deserving African American members
of the Armed Forces.
SEC. 1710C. REPORT ON GOVERNMENT POLICE TRAINING AND EQUIPPING
PROGRAMS.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the President shall submit to Congress a report on United
States Government police training and equipping programs outside the
United States.
(b) Elements.--The report required under paragraph (1) shall
include the following:
(1) A list of all United States Government departments and
agencies involved in implementing police training and equipping
programs.
(2) A description of the scope, size, and components of all
police training and equipping programs for fiscal years 2023,
2024, and 2025, including, for each such program--
(A) the name of each country that received
assistance under the program;
(B) for each training activity, the number of
foreign personnel provided training, their units of
operation, location of the training, cost of the
activity, the United States unit involved, and the
nationality and unit of non-United States training
personnel, if any, involved in each activity;
(C) the purpose and objectives of the program;
(D) the funding and personnel levels for the
program in each such fiscal year;
(E) the authority under which the program is
conducted;
(F) the name of the United States Government
department or agency with lead responsibility for the
program and the mechanisms for oversight of the
program; and
(G) the metrics for measuring the results of the
program.
(3) An assessment of the requirements for police training
and equipping programs, and what changes, if any, are required
to improve the capacity of the United States Government to meet
such requirements.
(4) An evaluation of the appropriate role of United States
Government departments and agencies in coordinating on and
carrying out police training and equipping programs.
(5) An evaluation of the appropriate role of contractors in
carrying out police training and equipping programs, and what
modifications, if any, are needed to improve oversight of such
contractors.
(6) Recommendations for legislative modifications, if any,
to existing authorities relating to police training and
equipping programs.
(c) Form of Report.--The report required under this section shall
be submitted in unclassified form, but may include a classified annex.
(d) Public Availability Internet.--All unclassified portions of the
report required under this section shall be made publicly available on
an appropriate internet website.
(e) Definition.--In this section, the term ``police'' includes
national police, gendarmerie, counter-narcotics police,
counterterrorism police, formed police units, border security, and
customs.
SEC. 1710D. DEEPFAKE REPORT.
(a) Definitions.--In this section:
(1) Digital content forgery.--The term ``digital content
forgery'' means the use of emerging technologies, including
artificial intelligence and machine learning techniques, to
fabricate or manipulate audio, visual, or text content with the
intent to mislead.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Reports on Digital Content Forgery Technology.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and annually thereafter for 5 years, the
Secretary, acting through the Under Secretary for Science and
Technology of the Department of Homeland Security, and with
respect to subparagraphs (F) through (H) of paragraph (2), in
consultation with the Director of National Intelligence, shall
research the state of digital content forgery technology and
produce a report on such technology.
(2) Contents.--Each report produced under paragraph (1)
shall include the following:
(A) An assessment of the underlying technologies
used to create or propagate digital content forgeries,
including the evolution of such technologies.
(B) A description of the types of digital content
forgeries, including those used to commit fraud, cause
harm, or violate civil rights recognized under Federal
law.
(C) An assessment of how foreign governments, and
the proxies and networks thereof, use, or could use,
digital content forgeries to harm national security.
(D) An assessment of how non-governmental entities
in the United States use, or could use, digital content
forgeries.
(E) An assessment of the uses, applications,
dangers, and benefits, including the impact on
individuals, of deep learning technologies used to
generate high fidelity artificial content of events
that did not occur.
(F) An analysis of the methods used to determine
whether content is genuinely created by a human or
through digital content forgery technology, and an
assessment of any effective heuristics used to make
such a determination, as well as recommendations on how
to identify and address suspect content and elements to
provide warnings to users of such content.
(G) A description of the technological
countermeasures that are, or could be, used to address
concerns with digital content forgery technology.
(H) Proposed research and development activities
for the Science and Technology Directorate of the
Department of Homeland Security to undertake related to
the identification of forged digital content and
related countermeasures.
(I) Any additional information the Secretary
determines appropriate.
(3) Consultation and public hearings.--In producing each
report required under paragraph (1), the Secretary may--
(A) consult with any other agency of the Federal
Government that the Secretary considers necessary; and
(B) conduct public hearings to gather, or otherwise
allow interested parties an opportunity to present,
information and advice relevant to the production of
the report.
(4) Form of report.--Each report required under paragraph
(1) shall be produced in unclassified form, but may contain a
classified annex.
(5) Applicability of foia.--Nothing in this section, or in
a report produced under this section, may be construed to allow
the disclosure of information or a record that is exempt from
public disclosure under section 552 of title 5, United States
Code (commonly known as the ``Freedom of Information Act'').
(6) Applicability of the paperwork reduction act.--
Subchapter I of chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act''), shall not
apply to this section.
SEC. 1710E. STUDY ON UNEMPLOYMENT RATE OF WOMEN VETERANS WHO SERVED ON
ACTIVE DUTY IN THE ARMED FORCES AFTER SEPTEMBER 11, 2001.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in consultation with the Bureau of Labor Statistics of the
Department of Labor, shall conduct a study on why Post-9/11
Veterans who are women are at higher risk of unemployment than
all other groups of women veterans and their non- veteran
counterparts.
(2) Conduct of study.--
(A) In general.--The Secretary shall conduct the
study under paragraph (1) primarily through the Center
for Women Veterans under section 318 of title 38,
United States Code.
(B) Consultation.---In carrying out the study
conducted under paragraph (1), the Secretary may
consult with--
(i) the Department of Labor;
(ii) other Federal agencies, such as the
Department of Defense, the Office of Personnel
Management, and the Small Business
Administration;
(iii) foundations; and
(iv) entities in the private sector.
(3) Elements of study.--The study conducted under paragraph
(1) shall include, with respect to Post-9/11 Veterans who are
women, at a minimum, an analysis of the following:
(A) Rank at time of separation from the Armed
Forces.
(B) Geographic location upon such separation.
(C) Educational level upon such separation.
(D) The percentage of such veterans who enrolled in
an education or employment training program of the
Department of Veterans Affairs or the Department of
Labor after such separation.
(E) Industries that have employed such veterans.
(F) Military occupational specialties available to
such veterans.
(G) Barriers to employment of such veterans.
(H) Causes to fluctuations in employment of such
veterans.
(I) Current employment training programs of the
Department of Veterans Affairs or the Department of
Labor that are available to such veterans.
(J) Economic indicators that impact unemployment of
such veterans.
(K) Health conditions of such veterans that could
impact employment.
(L) Whether there are differences in the analyses
conducted under subparagraphs (A) through (K) based on
the race of such veteran.
(M) The difference between unemployment rates of
Post-9/11 Veterans who are women compared to
unemployment rates of Post-9/11 Veterans who are men,
including an analysis of potential causes of such
difference.
(b) Report.--
(1) In general.--Not later than 90 days after completing
the study under subsection (a), the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives
a report on such study.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The analyses conducted under subsection (a)(3).
(B) A description of the methods used to conduct
the study under subsection (a).
(C) Such other matters relating to the unemployment
rates of Post-9/11 Veterans who are women as the
Secretary considers appropriate.
(c) Post-9/11 Veteran Defined.--In this section, the term ``Post-9/
11 Veteran''' means a veteran who served on active duty in the Armed
Forces on or after September 11, 2001.
SEC. 1710F. REPORT ON THE OKLAHOMA CITY NATIONAL MEMORIAL.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Interior shall submit to Congress a report
containing the following information:
(1) A description of the current status of the Oklahoma
City National Memorial, an affiliated site of the National Park
System.
(2) A summary of non-Federal funding that has been raised
in accordance with section 7(2) of the Oklahoma City National
Memorial Act of 1997 (16 U.S.C. 450ss-5(2)).
SEC. 1710G. REPORTS ON MILITARY SERVICE ACADEMIES.
Not later than 180 days after the date of the enactment of this
Act, the superintendent of each military service academy shall submit
to the Secretary of Defense and the congressional defense committees a
report that includes, with respect to the academy overseen by the
superintendent, the following:
(1) Anonymized equal opportunity claims and determinations
involving the academy over the past 20 years.
(2) Results of a climate survey of cadets or midshipmen (as
the case may be) conducted by an external entity.
(3) A review of educational and extracurricular instruction
at the academy, including--
(A) a review of courses to ensure the inclusion of
minority communities in authorship and course content;
and
(B) a review of faculty and staff demographics to
determine diversity recruitment practices at the
academy.
SEC. 1710H. INDEPENDENT STUDY ON IDENTIFYING AND ADDRESSING THREATS
THAT INDIVIDUALLY OR COLLECTIVELY AFFECT NATIONAL
SECURITY, FINANCIAL SECURITY, OR BOTH.
(a) Independent Study.--Not later than 30 days after the date of
the enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of the Treasury in the Secretary's
capacity as the Chair of the Financial Stability Oversight Council and
the heads of other relevant departments and agencies, shall seek to
enter into a contract with a federally funded research and development
center under which the center will conduct a study on identifying and
addressing threats that individually or collectively affect national
security, financial security, or both.
(b) Elements of Study.--In carrying out the study referred to in
subsection (a), the selected Federally funded research and development
center shall be contractually obligated to--
(1) identify threats that individually or collectively
affect national security, financial security, or both,
including--
(A) foreign entities and governments acquiring
financial interests in domestic companies that have
access to critical or sensitive national security
materials, technologies, or information;
(B) other currencies being used in lieu of the
United States Dollar in international transactions;
(C) foreign influence in companies seeking to
access capital markets by conducting initial public
offerings in other countries;
(D) the use of financial instruments, markets,
payment systems, or digital assets in ways that appear
legitimate but may be part of a foreign malign strategy
to weaken or undermine the economic security of the
United States;
(E) the use of entities, such as corporations,
companies, limited liability companies, limited
partnerships, business trusts, business associations,
or other similar entities to obscure or hide the
foreign beneficial owner of such entities; and
(F) any other known or potential threats that
individually or collectively affect national security,
financial security, or both currently or in the
foreseeable future.
(2) assess the extent to which the United States Government
is currently able to identify and characterize the threats
identified under paragraph (1);
(3) assess the extent to which the United States Government
is currently able to mitigate the risk posed by the threats
identified under paragraph (1);
(4) assess whether current levels of information sharing
and cooperation between the United States Government and allies
and partners has been helpful or can be improved upon in order
for the United States Government to identify, characterize, and
mitigate the threats identified under paragraph (1); and
(5) recommend opportunities, and any such authorities or
resources required, to improve the efficiency and effectiveness
of the United States Government in identifying the threats
identified under paragraph (1) and mitigating the risk posed by
such threats.
(c) Submission to Director of National Intelligence.--Not later
than 180 days after the date of the enactment of this Act, the
federally funded research and development center selected to conduct
the study under subsection (a) shall submit to the Director of National
Intelligence a report on the results of the study in both classified
and unclassified form.
(d) Submission to Congress.--
(1) In general.--Not later than 30 days after the date on
which the Director of National Intelligence receives the report
under subsection (c), the Director shall submit to the
appropriate committees of Congress an unaltered copy of the
report in both classified and unclassified form, and such
comments as the Director, in coordination with the Secretary of
Treasury in his capacity as the Chair of the Financial
Stability Oversight Council and the heads of other relevant
departments and agencies, may have with respect to the report.
(2) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Foreign Relations, and the Committee on Appropriations
of the Senate; and
(B) the Committee on Armed Services, the Permanent
Select Committee on Intelligence, and the Committee on
Financial Services, the Committee on Foreign Affairs,
and the Committee on Appropriations of the House of
Representatives.
SEC. 1710I. MARITIME SECURITY AND DOMAIN AWARENESS.
(a) Progress Report on Maritime Security.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, the Secretary of the
Department in which the Coast Guard is operating, and the heads
of other appropriate Federal agencies, shall submit to the
congressional defense committees a report on the steps taken
since December 20, 2019, to make further use of the following
mechanisms to combat IUU fishing:
(A) Inclusion of counter-IUU fishing in existing
shiprider agreements to which the United States is a
party.
(B) Entry into shiprider agreements that include
counter-IUU fishing with priority flag states and
countries in priority regions with which the United
States does not already have such agreements.
(C) Inclusion of counter-IUU fishing in the mission
of the Combined Maritime Forces.
(D) Inclusion of counter-IUU fishing exercises in
the annual at-sea exercises conducted by the Department
of Defense, in coordination with the United States
Coast Guard.
(E) Development of partnerships similar to the
Oceania Maritime Security Initiative and the Africa
Maritime Law Enforcement Partnership in other priority
regions.
(2) Element.--The report required by paragraph (1) shall
include a description of specific steps taken by the Secretary
of the Navy with respect to each mechanism described in
paragraph (1), including a detailed description of any security
cooperation engagement undertaken to combat IUU fishing by such
mechanisms and resulting coordination between the Department of
the Navy and the Coast Guard.
(b) Assessment of Service Coordination on Maritime Domain
Awareness.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Navy shall
enter into an agreement with the Secretary of the department in
which the Coast Guard is operating, in consultation with the
Secretary of Commerce, to assess the available commercial
solutions for collecting, sharing, and disseminating among
United States maritime services and partner countries maritime
domain awareness information relating to illegal maritime
activities, including IUU fishing.
(2) Elements.--The assessment carried out pursuant to an
agreement under paragraph (1) shall--
(A) build on the ongoing Coast Guard assessment
related to autonomous vehicles;
(B) consider appropriate commercially and
academically available technological solutions; and
(C) consider any limitation related to
affordability, exportability, maintenance, and
sustainment requirements and any other factor that may
constrain the suitability of such solutions for use in
a joint and combined environment, including the
potential provision of such solutions to one or more
partner countries.
(3) Submittal to congress.--Not later than 1 year after
entering into an agreement under paragraph (1), the Secretary
of the Navy shall submit to the Committee on Armed Services,
the Committee on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate and the Committee on
Armed Services, the Committee on Natural Resources, the
Committee on Transportation and Infrastructure, the Committee
on Foreign Affairs, and the Committee on Appropriations of the
House of Representatives the assessment prepared in accordance
with the agreement.
(c) Report on Use of Fishing Fleets by Foreign Governments.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of Naval
Intelligence shall submit to the Committee on Armed Services,
the Committee on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate and the Committee on
Armed Services, the Committee on Natural Resources, the
Committee on Transportation and Infrastructure, the Committee
on Foreign Affairs, and the Committee on Appropriations of the
House of Representatives a report on the use by governments of
foreign countries of distant-water fishing fleets as extensions
of the official maritime security forces of such countries.
(2) Element.--The report required by paragraph (1) shall
include the following:
(A) An analysis of the manner in which fishing
fleets are leveraged in support of the naval operations
and policies of foreign countries more generally.
(B) A consideration of--
(i) threats posed, on a country-by-country
basis, to the fishing vessels and other vessels
of the United States and partner countries;
(ii) risks to Navy and Coast Guard
operations of the United States, and the naval
and coast guard operations of partner
countries; and
(iii) the broader challenge to the
interests of the United States and partner
countries.
(3) Form.--The report required by paragraph (1) shall be in
unclassified form, but may include a classified annex.
(d) Definitions.--In this section, any term that is also used in
the Maritime SAFE Act (Public Law 116-92) shall have the meaning given
such term in that Act.
SEC. 1710J. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
PROCESSES FOR RESPONDING TO CONGRESSIONAL REPORTING
REQUIREMENTS.
(a) Comptroller General Analysis.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing an analysis of
Department of Defense processes for responding to congressional
reporting requirements in the annual National Defense Authorization
Acts, or the accompanying committee reports.
(b) Criteria for Evaluation.--The analysis required under
subsection (a) shall include an evaluation of funding and changes to
policies and business practices by the Department for improving the
effectiveness, efficiency, and public transparency of the Department's
compliance with congressional reporting requirements.
(c) Contents of Report.--The report required by subsection (a)
shall include each of the following:
(1) A description of--
(A) current laws, guidance, policies for Department
of Defense compliance with congressional oversight
reporting requirements; and
(B) recent direction from the congressional defense
committees for the Department concerning how it
designs, modifies, tracks, delivers, and inventories
completed reports.
(2) A review and evaluation of the cost and effectiveness
of--
(A) the methods the Department of Defense uses to
track and respond to reporting requirements; and
(B) the ways in which the Department of Defense
ensures suitability of content and timeliness.
(3) An analysis of options for modernizing the preparation
and delivery process for reports that includes--
(A) the coordination of Department of Defense
business practices and internal policies with
legislative processes; and
(B) a determination of the feasibility of
maintaining a congressional tracking database that
makes unclassified reports publicly available in a
searchable online database that identifies, for each
report included in the database--
(i) the deadline on which the required
report was required to be submitted;
(ii) the date on which the report was
received;
(iii) the classification level of the
completed report;
(iv) the form in which the report was
submitted;
(v) the standard legislative citation and
hyperlink to original legislative language that
required the report;
(vi) the total cost associated with the
report;
(vii) a brief summary of the report;
(viii) a unique identifier for the report;
and
(ix) the subject and sub-subject codes
associated with the report.
SEC. 1710K. REPORT ON PREDATORY SOCIAL MEDIA AND THE MILITARY
COMMUNITY.
(a) In General.--The Comptroller General of the United States shall
submit to Congress a report on risks facing service members, military
families, and separated veterans on social media.
(b) Contents.--The report required under subsection (a) shall
include an analysis of the following:
(1) Content related to predatory loans or financial or
educational products.
(2) Content related unproven or unnecessary medical
treatments or procedures.
(3) Content related to ethnic or racial violent extremism.
(4) The risks to readiness, morale, and national security
posed by such content.
(5) The ways in which social media algorithms may amplify
such content.
(6) The steps taken by social media companies and executive
agencies to address the risks posed by the content described in
paragraphs (1), (2), and (3).
(c) Form.--The report required under subsection (a) shall be
submitted in an unclassified form but may include a classified annex.
(d) Executive Agency Defined.--In this section, the term
``executive agency'' means an executive department or independent
establishment in the executive branch of the Federal Government.
SEC. 1710L. REPORT ON TRANSFORMING BUSINESS PROCESSES FOR REVOLUTIONARY
CHANGE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the efforts of the
Secretary to implement the recommendations set forth in the study
conducted by the Defense Business Board titled ``Transforming
Department of Defense's Core Business Processes for Revolutionary
Change''.
(b) Elements.--The report required under subsection (a) shall
include--
(1) a description of the actions carried out by the
Secretary of Defense to implement the recommendations set forth
in the study described in subsection (a);
(2) identification of the specific recommendations, if any,
that have been implemented by the Secretary;
(3) the amount of any cost savings achieved as a result of
implementing such recommendations;
(4) identification of any recommendations that have not
been implemented; and
(5) alternative recommendations that may help the
Department of Defense achieve $125,000,000,000 in cost savings
over the period of 5 fiscal years beginning after the year in
which the report is submitted.
SEC. 1710M. REVIEW AND REPORT OF EXPERIMENTATION WITH TICKS AND
INSECTS.
(a) Review.--The Comptroller General of the United States shall
conduct a review of whether the Department of Defense experimented with
ticks, other insects, airborne releases of tick-borne bacteria,
viruses, pathogens, or any other tick-borne agents regarding use as a
biological weapon between the years of 1950 and 1977.
(b) Report.--If the Comptroller General of the United States finds
that any experiment described under subsection (a) occurred, the
Comptroller General shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on--
(1) the scope of such experiment; and
(2) whether any ticks, insects, or other vector-borne
agents used in such experiment were released outside of any
laboratory by accident or experiment design.
SEC. 1710N. REPORT ON AGILE PROGRAM AND PROJECT MANAGEMENT.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a publicly available
report on agile program and project management within the Department of
Defense. The report shall include the following:
(1) A review of all statutory provisions enabling the use
of agile program and project management within the Department
of Defense.
(2) An evaluation of the implementation of statutory
provisions enabling the use of agile program and project
management within the Department of Defense and Armed Forces.
(3) An evaluation of the agile program and project
methodologies used within the Department of Defense and Armed
Forces.
(4) An evaluation of the how agile program and project
methodologies have enabled efforts to prepare the Department of
Defense and Armed Forces for the future of work.
(5) An evaluation of the enterprise scalability of the
agile program and project methodologies used within the
Department of Defense and Armed Forces, including how well
agile methods are integrated into the enterprise when used at
scale.
(6) An analysis of the impediments to the further adoption
and enterprise scalability of agile program and project
management including statutory impediments, as well as existing
policy, guidance, and instruction of the Department of Defense
and Armed Forces.
(7) An analysis of the impact of further adoption and
enterprise scalability of agile program and project management
on the future of work within the Department of Defense and
Armed Forces.
(8) Such other information as the Comptroller General
determines appropriate.
(b) Interim Briefing.--Not later than March 1, 2021, the
Comptroller General shall provide to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a briefing on the topics to be covered by the report
under subsection (a), including and preliminary data and any issues or
concerns of the Comptroller General relating to the report.
(c) Access to Relevant Data.--For purposes of this section, the
Secretary of Defense shall ensure that the Comptroller General has
access to all relevant data.
Subtitle B--Electronic Message Preservation
SEC. 1711. SHORT TITLE.
This subtitle may be cited as the ``Electronic Message Preservation
Act''.
SEC. 1712. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS.
(a) Requirement for Preservation of Electronic Messages.--Chapter
29 of title 44, United States Code, is amended by adding at the end the
following new section:
``Sec. 2912. Preservation of electronic messages and other records
``(a) Regulations Required.--The Archivist shall promulgate
regulations governing Federal agency preservation of electronic
messages that are determined to be records. Such regulations shall, at
a minimum--
``(1) require the electronic capture, management, and
preservation of such electronic records in accordance with the
records disposition requirements of chapter 33;
``(2) require that such electronic records are readily
accessible for retrieval through electronic searches; and
``(3) include timelines for Federal agency implementation
of the regulations that ensure compliance as expeditiously as
practicable.
``(b) Ensuring Compliance.--The Archivist shall promulgate
regulations that--
``(1) establish mandatory minimum functional requirements
for electronic records management systems to ensure compliance
with the requirements in paragraphs (1) and (2) of subsection
(a); and
``(2) establish a process to ensure that the electronic
records management system of each Federal agency meets the
functional requirements established under paragraph (1).
``(c) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsections (a) and (b)
shall also include requirements for the capture, management, and
preservation of other electronic records.
``(d) Compliance by Federal Agencies.--Each Federal agency shall
comply with the regulations promulgated under subsections (a) and (b).
``(e) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under subsections (a) and (b).''.
(b) Deadline for Regulations.--
(1) Preservation of electronic messages.--Not later than
120 days after the date of the enactment of this Act, the
Archivist shall promulgate the regulations required under
section 2912(a) of title 44, United States Code, as added by
subsection (a).
(2) Ensuring compliance.--Not later than 2 years after the
date of the enactment of this Act, the Archivist shall
promulgate the regulations required under section 2912(b) of
title 44, United States Code, as added by subsection (a).
(c) Reports on Implementation of Regulations.--
(1) Agency report to archivist.--Not later than 1 year
after the date of the enactment of this Act, the head of each
Federal agency shall submit to the Archivist a report on the
agency's compliance with the regulations promulgated under
section 2912 of title 44, United States Code, as added by
subsection (a), and shall make the report publicly available on
the website of the agency.
(2) Archivist report to congress.--Not later than 90 days
after receipt of all reports required by paragraph (1), the
Archivist shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives a report
on Federal agency compliance with the regulations promulgated
under section 2912(a) of title 44, United States Code, as added
by subsection (a), and shall make the report publicly available
on the website of the agency.
(3) Federal agency defined.--In this subsection, the term
``Federal agency'' has the meaning given that term in section
2901 of title 44, United States Code.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 29 of title 44, United States Code, is amended by adding after
the item relating to section 2911 the following new item:
``2912. Preservation of electronic messages and other
records.''.
(e) Definitions.--Section 2901 of title 44, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (14); and
(2) by striking paragraph (15) and inserting the following
new paragraphs:
``(15) the term `electronic messages' means electronic mail
and other electronic messaging systems that are used for
purposes of communicating between individuals; and
``(16) the term `electronic records management system'
means software designed to manage electronic records, including
by--
``(A) categorizing and locating records;
``(B) ensuring that records are retained as long as
necessary;
``(C) identifying records that are due for
disposition; and
``(D) ensuring the storage, retrieval, and
disposition of records.''.
SEC. 1713. PRESIDENTIAL RECORDS.
(a) Additional Regulations Relating to Presidential Records.--
(1) In general.--Section 2206 of title 44, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following:
``(5) provisions for establishing standards necessary for
the economical and efficient management of electronic
Presidential records during the President's term of office,
including--
``(A) records management controls necessary for the
capture, management, and preservation of electronic
messages;
``(B) records management controls necessary to
ensure that electronic messages are readily accessible
for retrieval through electronic searches; and
``(C) a process to ensure the electronic records
management system to be used by the President for the
purposes of complying with the requirements in
subparagraphs (A) and (B).''.
(2) Definitions.--Section 2201 of title 44, United States
Code, is amended by adding at the end the following new
paragraphs:
``(6) The term `electronic messages' has the meaning given
that term under section 2901(15).
``(7) The term `electronic records management system' has
the meaning given that term under section 2901(16).''.
(b) Certification of President's Management of Presidential
Records.--
(1) Certification required.--Chapter 22 of title 44, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2210. Certification of the President's management of
Presidential records
``(a) Annual Certification.--The Archivist shall annually certify
whether the electronic records management controls established by the
President meet requirements under sections 2203(a) and 2206(5).
``(b) Report to Congress.--The Archivist shall report annually to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Reform of the House of
Representatives on the status of the certification.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 22 of title 44, United States Code, is
amended by adding at the end the following new item:
``2210. Certification of the President's management of
Presidential records.''.
(c) Report to Congress.--Section 2203(g) of title 44, United States
Code, is amended by adding at the end the following new paragraph:
``(5) One year following the conclusion of a President's term of
office, or if a President serves consecutive terms 1 year following the
conclusion of the last term, the Archivist shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Reform of the House of
Representatives a report on--
``(A) the volume and format of electronic Presidential
records deposited into that President's Presidential archival
depository; and
``(B) whether the electronic records management controls of
that President met the requirements under sections 2203(a) and
2206(5).''.
(d) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of the enactment of this Act.
Subtitle C--Space Technology Advancement Report (STAR) Act of 2020
SEC. 1721. SHORT TITLE.
This subtitle may be cited as the ``Space Technology Advancement
Report (STAR) Act of 2020''.
SEC. 1722. FINDINGS.
Congress finds the following:
(1) As stated in the United States-China Economic and
Security Commission's 2019 Report to Congress, the United
States retains many advantages over the People's Republic of
China (PRC) in space, including--
(A) the organization and technical expertise of its
space program;
(B) the capabilities of the National Aeronautics
and Space Administration for human spaceflight and
exploration;
(C) its vibrant commercial space sector;
(D) its long history of space leadership; and
(E) many international partnerships.
(2) The PRC seeks to establish a leading position in the
economic and military use of outer space and views space as
critical to its future security and economic interests.
(3) The PRC's national-level commitment to establishing
itself as a global space leader harms United States interests
and threatens to undermine many of the advantages the United
States has worked so long to establish.
(4) For over 60 years, the United States has led the world
in space exploration and human space flight through a robust
national program that ensures NASA develops and maintains
critical spaceflight systems to enable this leadership,
including the Apollo program's Saturn V rocket, the Space
Shuttle, the International Space Station and the Space Launch
System and Orion today.
(5) The Defense Intelligence Agency noted in its 2019
``Challenges to U.S. Security in Space'' report that the PRC
was developing a national super-heavy lift rocket comparable to
NASA's Space Launch System.
(6) The United States space program and commercial space
sector risks being hollowed out by the PRC's plans to attain
leadership in key technologies.
(7) It is in the economic and security interest of the
United States to remain the global leader in space power.
(8) A recent report by the Air Force Research Laboratory
and the Defense Innovation Unit found that China's strategy to
bolster its domestic space industry includes a global program
of theft and other misappropriation of intellectual property,
direct integration of state-owned entities and their technology
with commercial start-ups, the use of front companies to invest
in United States space companies, vertical control of supply
chains, and predatory pricing.
(9) The United States Congress passed the Wolf Amendment as
part of the Fiscal Year 2012 Consolidated and Further
Continuing Appropriations Act (Public Law 112-55) and every
year thereafter in response to the nefarious and offensive
nature of Chinese activities in the space industry.
SEC. 1723. REPORT; STRATEGY.
(a) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, and annually thereafter in fiscal
years 2022 and 2023, the National Space Council shall submit to
the appropriate congressional committees an interagency
assessment of the ability of the United States to compete with
foreign space programs and in the emerging commercial space
economy.
(2) Content of report.--The report shall include
information on the following:
(A) An assessment of the human exploration and
spaceflight capabilities of the national space program
of the United States relative to national programs of
the PRC.
(B) An assessment of--
(i) the viability of extraction of space-
based precious minerals, onsite exploitation of
space-based natural resources, and utilization
of space-based solar power;
(ii) the programs of the United States and
the PRC that are related to the issues
described in clause (i); and
(iii) any potential terrestrial or space
environmental impacts of space-based solar
power.
(C) An assessment of United States strategic
interests in or related to cislunar space.
(D) A comparative assessment of future United
States space launch capabilities and those of the PRC.
(E) The extent of foreign investment in the
commercial space sector of the United States,
especially in venture capital and other private equity
investments that seek to work with the Federal
Government.
(F) The steps by which the National Aeronautics and
Space Administration, the Department of Defense, and
other United States Federal agencies conduct the
necessary due diligence and security reviews prior to
investing in private space entities that may have
received funding from foreign investment.
(G) Current steps that the United States is taking
to identify and help mitigate threats to domestic space
industry from influence of the PRC.
(H) An assessment of the current ability, role,
costs, and authorities of the Department of Defense to
mitigate the threats of commercial communications and
navigation in space from the PRC's growing counterspace
capabilities, and any actions required to improve this
capability.
(I) An assessment of how the PRC's activities are
impacting United States national security, including--
(i) theft by the PRC of United States
intellectual property through technology
transfer requirements or otherwise; and
(ii) efforts of the PRC to seize control of
critical elements of the United States space
industry supply chain and United States space
industry companies or sister companies with
shared leadership; and government cybersecurity
capabilities.
(J) An assessment of efforts of the PRC to pursue
cooperative agreements with other nations to advance
space development.
(K) Recommendations to Congress, including
recommendations with respect to--
(i) any legislative proposals to address
threats by the PRC to the United States
national space programs as well as domestic
commercial launch and satellite industries; and
(ii) how the United States Government can
best utilize existing Federal entities to
investigate and prevent potentially harmful
investment by the PRC in the United States
commercial space industry.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Strategy.--
(1) In general.--Not later than 1 year after the submission
of the report required in subsection (a), the President, in
consultation with the National Space Council, shall develop and
submit to the appropriate congressional committees a strategy
to ensure the United States can--
(A) compete with other national space programs;
(B) maintain leadership in the emerging commercial
space economy;
(C) identify market, regulatory, and other means to
address unfair competition from the PRC based on the
findings of in the report required in subsection (a);
(D) leverage commercial space capabilities to
ensure United States national security and the security
of United States interests in space;
(E) protect United States supply chains and
manufacturing critical to competitiveness in space; and
(F) coordinate with international allies and
partners in space.
(3) Form.--The strategy required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(c) Definitions.--In this section, the following definitions apply:
(1) Appropriate congressional committees of congress.--The
term ``appropriate congressional committees'' means--
(A) the Committee on Armed services, the Committee
on Foreign Relations, and the Committee on Commerce,
Science, and Transportation of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Science,
Space, and Technology of the House of Representatives.
(2) PRC.--The term ``PRC'' means the ``People's Republic of
China''.
Subtitle D--AMBER Alert Nationwide
SEC. 1731. COOPERATION WITH DEPARTMENT OF HOMELAND SECURITY.
Subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et
seq.) is amended--
(1) in section 301--
(A) in subsection (b)--
(i) in paragraph (1), by inserting
``(including airports, maritime ports, border
crossing areas and checkpoints, and ports of
exit from the United States)'' after ``gaps in
areas of interstate travel''; and
(ii) in paragraphs (2) and (3), by
inserting ``, territories of the United States,
and tribal governments'' after ``States''; and
(B) in subsection (d), by inserting ``, the
Secretary of Homeland Security,'' after ``Secretary of
Transportation''; and
(2) in section 302--
(A) in subsection (b), in paragraphs (2), (3), and
(4) by inserting ``, territorial, tribal,'' after
``State''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``, the
Secretary of Homeland Security,'' after
``Secretary of Transportation''; and
(ii) in paragraph (2), by inserting ``,
territorial, tribal,'' after ``State''.
SEC. 1732. AMBER ALERTS ALONG MAJOR TRANSPORTATION ROUTES.
(a) In General.--Section 303 of the PROTECT Act (34 U.S.C. 20503)
is amended--
(1) in the section heading, by inserting ``and major
transportation routes'' after ``along highways'';
(2) in subsection (a)--
(A) by inserting ``(referred to in this section as
the `Secretary')'' after ``Secretary of
Transportation''; and
(B) by inserting ``and at airports, maritime ports,
border crossing areas and checkpoints, and ports of
exit from the United States'' after ``along highways'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``other motorist
information systems to notify motorists'' and
inserting ``other information systems to notify
motorists, aircraft passengers, ship
passengers, and travelers''; and
(ii) by inserting ``, aircraft passengers,
ship passengers, and travelers'' after
``necessary to notify motorists''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``other motorist information systems to notify
motorists'' and inserting ``other information
systems to notify motorists, aircraft
passengers, ship passengers, and travelers'';
(ii) in subparagraph (D), by inserting ``,
aircraft passengers, ship passengers, and
travelers'' after ``support the notification of
motorists'';
(iii) in subparagraph (E), by inserting ``,
aircraft passengers, ship passengers, and
travelers'' after ``motorists'', each place it
appears;
(iv) in subparagraph (F), by inserting ``,
aircraft passengers, ship passengers, and
travelers'' after ``motorists''; and
(v) in subparagraph (G), by inserting ``,
aircraft passengers, ship passengers, and
travelers'' after ``motorists'';
(4) in subsection (c), by striking ``other motorist
information systems to notify motorists'', each place it
appears, and inserting ``other information systems to notify
motorists, aircraft passengers, ship passengers, and
travelers'';
(5) by amending subsection (d) to read as follows:
``(d) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activities funded by a grant
under this section may not exceed 80 percent.
``(2) Waiver.--If the Secretary determines that American
Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the
Virgin Islands of the United States is unable to comply with
the requirement under paragraph (1), the Secretary shall waive
such requirement.'';
(6) in subsection (g)--
(A) by striking ``In this section'' and inserting
``In this subtitle''; and
(B) by striking ``or Puerto Rico'' and inserting
``American Samoa, Guam, Puerto Rico, the Northern
Mariana Islands, the Virgin Islands of the United
States, and any other territory of the United States'';
and
(7) in subsection (h), by striking ``fiscal year 2004'' and
inserting ``each of fiscal years 2019 through 2023''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the PROTECT Act (Public Law 108-21) is amended by
striking the item relating to section 303 and inserting the following:
``Sec. 303. Grant program for notification and communications systems
along highways and major transportation
routes for recovery of abducted
children.''.
SEC. 1733. AMBER ALERT COMMUNICATION PLANS IN THE TERRITORIES.
Section 304 of the PROTECT Act (34 U.S.C. 20504) is amended--
(1) in subsection (b)(4), by inserting ``a territorial
government or'' after ``with'';
(2) by amending subsection (c) to read as follows:
``(c) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activities funded by a grant
under this section may not exceed 50 percent.
``(2) Waiver.--If the Attorney General determines that
American Samoa, Guam, the Northern Mariana Islands, Puerto
Rico, the Virgin Islands of the United States, or an Indian
tribe is unable to comply with the requirement under paragraph
(1), the Attorney General shall waive such requirement.''; and
(3) in subsection (d), by inserting ``, including
territories of the United States'' before the period at the
end.
SEC. 1734. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
(a) In General.--Not later than 5 years after the date of the
enactment of this Act, the Comptroller General shall conduct a study
assessing--
(1) the implementation of the amendments made by this Act;
(2) any challenges related to integrating the territories
of the United States into the AMBER Alert system;
(3) the readiness, educational, technological, and training
needs of territorial law enforcement agencies in responding to
cases involving missing, abducted, or exploited children; and
(4) any other related matters the Attorney General or the
Secretary of Transportation determines appropriate.
(b) Report Required.--The Comptroller General shall submit a report
on the findings of the study required under subsection (a) to--
(1) the Committee on the Judiciary and the Committee on
Environment and Public Works of the Senate;
(2) the Committee on the Judiciary and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) each of the delegates or resident commissioner to the
House of Representatives from American Samoa, Guam, the
Northern Mariana Islands, Puerto Rico, and the Virgin Islands
of the United States.
(c) Public Availability.--The Comptroller General shall make the
report required under subsection (b) available on a public Government
website.
(d) Obtaining Official Data.--
(1) In general.--The Comptroller General may secure
information necessary to conduct the study under subsection (a)
directly from any Federal agency and from any territorial
government receiving grant funding under the PROTECT Act. Upon
request of the Comptroller General, the head of a Federal
agency or territorial government shall furnish the requested
information to the Comptroller General.
(2) Agency records.--Notwithstanding paragraph (1), nothing
in this subsection shall require a Federal agency or any
territorial government to produce records subject to a common
law evidentiary privilege. Records and information shared with
the Comptroller General shall continue to be subject to
withholding under sections 552 and 552a of title 5, United
States Code. The Comptroller General is obligated to give the
information the same level of confidentiality and protection
required of the Federal agency or territorial government. The
Comptroller General may be requested to sign a nondisclosure or
other agreement as a condition of gaining access to sensitive
or proprietary data to which the Comptroller General is
entitled.
(3) Privacy of personal information.--The Comptroller
General, and any Federal agency and any territorial government
that provides information to the Comptroller General, shall
take such actions as are necessary to ensure the protection of
the personal information of a minor.
Subtitle E--Other Matters
SEC. 1741. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 127e(g) is amended by striking ``Low-
Intensity'' and inserting ``Low Intensity''.
(2) Section 142 is amended--
(A) by striking subsection (d); and
(B) by redesignating the second subsection (c) as
subsection (d).
(3) Section 192(c) is amended by striking the first
paragraph (1).
(4) Section 231 is amended--
(A) in subsection (a)(1), by striking ``and'' after
the colon;
(B) by striking ``quadrennial defense review'' each
place it appears and inserting ``national defense
strategy''; and
(C) in subsection (f)(3), by striking ``section
118'' and inserting ``section 113(g)''.
(5) Section 1073c(a) is amended by redesignating the second
paragraph (6) as paragraph (7).
(6) Section 1044e is amended by striking ``subsection (h)''
each place it appears and inserting ``subsection (i)''.
(7) The table of sections at the beginning of chapter 58 is
amended by striking the item relating to section 1142 and
inserting the following:
``1142. Preseparation counseling; transmittal of certain records to
Department of Veterans Affairs.''.
(8) Section 1564(c)(2) is amended in the matter preceding
subparagraph (A) by striking ``in'' and inserting ``is''.
(9) The table of sections at the beginning of chapter 113
is amended by striking ``Sec.'' each place it appears, except
for the first ``Sec.'' preceding the item relating to section
2200g.
(10) The table of sections at the beginning of chapter 135
is amended by striking the item relating to section 2279c.
(11) The table of sections at the beginning of chapter 142
is amended by striking the item relating to section 2417 and
inserting the following:
``2417. Administrative and other costs.''.
(12) The table of sections at the beginning of chapter 152
is amended by striking the item relating to section 2568a and
inserting the following:
``2568a. Damaged personal protective equipment: award to members
separating from the Armed Forces and
veterans.''.
(13) Section 2417(2) is amended by striking ``entities -''
and inserting ``entities--''.
(14) Section 2641b(a)(3)(B) is amended by striking
``subsection (c)(5)'' and inserting ``subsection (c)(6)''.
(15) Section 2804(b) is amended in the third sentence by
striking ``; and''.
(16) Section 2890(e)(2) is amended by inserting ``a''
before ``landlord'' in the matter preceding subparagraph (A).
(17) Section 2891(e)(1) is amended--
(A) by inserting ``unit'' after ``housing'' the
third place it appears; and
(B) in subparagraph (B), by inserting ``the''
before ``tenant''.
(18) Section 2891a is amended--
(A) in subsection (b), by adding a period at the
end of paragraph (2); and
(B) in subsection (e)(2)(B), by striking ``the''
before ``any basic''.
(19) Section 2894(c)(3) is amended by inserting ``, the
office'' after ``installation housing management office''.
(b) Title 38, United States Code.--Section 1967(a)(3)(D) of title
38, United States Code, is amended in the matter preceding clause (i)
by inserting a comma after ``theater of operations''.
(c) NDAA for Fiscal Year 2019.--Effective as of August 13, 2018,
and as if included therein as enacted, the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended as follows:
(1) Section 226(b)(3)(C) (132 Stat. 1686) is amended by
striking ``commercial-off the-shelf'' and inserting
``commercially available off-the-shelf items (as defined in
section 104 of title 41, United States Code) that may serve
as''.
(2) Section 809(b)(3) (132 Stat. 1840) is amended by
striking ``Section 598(d)(4) of the National Defense
Authorization Act of for Fiscal Year 2010 (Public Law 111-84;
10 U.S.C. 1561 note)'' and inserting ``Section 563(d)(4) of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 10 U.S.C. 1561 note)''.
(3) Section 836(a)(2)(B) (132 Stat. 1860) is amended by
inserting ``of such title'' after ``Section 104(1)(A)''.
(4) Section 836(c)(8) is amended by striking subparagraphs
(A) and (B) and inserting the following new subparagraphs:
``(A) by striking `commercial items' and inserting
`commercial products'; and
``(B) by striking `the item' both places it appears
and inserting `commercial product'.''.
(5) Section 889(f) (132 Stat. 1918) is amended by striking
``appropriate congressional committees''' and inserting
``appropriate congressional committees''.
(6) Section 1286(e)(2)(D) (10 U.S.C. 2358 note; 132 Stat.
2080) is amended by striking ``improve'' and inserting
``improved''.
(7) Section 1757(a) (50 U.S.C. 4816; 132 Stat. 2218) is
amended by inserting ``to persons'' before ``who are
potential''.
(8) Section 1759(a)(2) (50 U.S.C. 4818; 132 Stat. 2223) is
amended by striking the semicolon at the end and inserting a
period.
(9) Section 1763(c) (50 U.S.C. 4822; 132 Stat. 2231) is
amended by striking ``December 5, 1991'' and inserting
``December 5, 1995''.
(10) Section 1773(b)(1) (50 U.S.C. 4842; 132 Stat. 2235) is
amended by striking ``section 1752(1)(D)'' and inserting
``section 1752(2)(D)''.
(11) Section 1774(a) (50 U.S.C. 4843; 132 Stat. 2237) is
amended in the matter preceding paragraph (1) by inserting
``under'' before ``section 1773''.
(12) Section 2827(b)(1) (132 Stat. 2270) is amended by
inserting ``in the matter preceding the paragraphs'' after
``amended''.
(d) NDAA for Fiscal Year 2016.--Effective as of December 23, 2016,
and as if included therein as enacted, section 856(a)(1) the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2377 note) is amended by inserting ``United States Code,'' after
``title 41,''.
(e) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
SEC. 1742. ADDITION OF CHIEF OF THE NATIONAL GUARD BUREAU TO THE LIST
OF OFFICERS PROVIDING REPORTS OF UNFUNDED PRIORITIES.
Section 222a(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) The Chief of the National Guard Bureau.''.
SEC. 1743. ACCEPTANCE OF PROPERTY BY MILITARY ACADEMIES AND MUSEUMS.
(a) Acceptance of Property.--Section 2601 of title 10, United
States Code, is amended--
(1) in subsection (a)(2), by inserting after subparagraph
(B) the following new subparagraph:
``(C) The Secretary concerned may display, at a military museum,
recognition for an individual or organization that contributes money to
a nonprofit entity described in subparagraph (A), or an individual or
organization that contributes a gift directly to the armed force
concerned for the benefit of a military museum, whether or not the
contribution is subject to the condition that recognition be provided.
The Secretary of Defense shall prescribe uniform regulations governing
the circumstances under which contributor recognition may be provided,
appropriate forms of recognition, and suitable display standards.'';
and
(2) in subsection (e)(1)--
(A) by inserting ``or personal'' after ``real''
both places it appears; and
(B) by striking ``or the Coast Guard Academy'' and
inserting ``the Coast Guard Academy, the National
Defense University, the Defense Acquisition University,
the Air University, the Army War College, the Army
Command and General Staff College, the Naval War
College, the Naval Postgraduate School, or the Marine
Corps University''.
(b) Lease of Non-Excess Property to Military Museums.--
(1) In general.--Section 2667 of title 10, United States
Code, is amended--
(A) in subsection (b)--
(i) in paragraph (7), by striking ``and''
at the end;
(ii) in paragraph (8), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new paragraph:
``(9) in the case of a lease of a museum facility to a
museum foundation, may provide for use in generating revenue
for activities of the museum facility and for such
administrative purposes as may be necessary to support the
facility.'';
(B) in subsection (i), by adding at the end the
following new paragraph:
``(6) The term `museum foundation' means any entity--
``(A) qualifying as an exempt organization under
section 501(c)(3) of the Internal Revenue Code of 1986;
and
``(B) incorporated for the primary purpose of
supporting a Department of Defense museum.''; and
(C) in subsection (k)--
(i) in the subsection heading, by inserting
``and Museums'' after ``Leases for Education'';
and
(ii) by inserting ``or to a museum
foundation'' before the period at the end.
(2) Repeals.--
(A) Lease or license of united states navy museum
facilities at washington navy yard, district of
columbia.--The National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163) is amended by
striking section 2852.
(B) Lease of facility to marine corps heritage
foundation.--Section 2884 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(Public Law 106-398; 114 Stat. 1654A-440) is amended by
striking subsection (e).
SEC. 1744. REAUTHORIZATION OF NATIONAL OCEANOGRAPHIC PARTNERSHIP
PROGRAM.
(a) National Oceanographic Partnership Program.--Section 8931 of
title 10, United States Code, is amended to read as follows:
``SEC. 8931. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
``(a) Establishment.--The Secretary of the Navy shall establish a
program to be known as the `National Oceanographic Partnership
Program'.
``(b) Purposes.--The purposes of the program are as follows:
``(1) To promote the national goals of assuring national
security, advancing economic development, protecting quality of
life, ensuring environmental stewardship, and strengthening
science education and communication through improved knowledge
of the ocean.
``(2) To coordinate and strengthen oceanographic efforts in
support of those goals by--
``(A) creating and carrying out partnerships among
Federal agencies, academia, industry, and other members
of the oceanographic community in the areas of science,
data, resources, education, and communication; and
``(B) accepting, planning, and executing
oceanographic research projects funded by grants,
contracts, cooperative agreements, or other vehicles as
appropriate, that contribute to assuring national
security, advancing economic development, protecting
quality of life, ensuring environmental stewardship,
and strengthening science education and communication
through improved knowledge of the ocean.''.
(b) Ocean Policy Committee.--
(1) In general.--Section 8932 of such title is amended to
read as follows:
``Sec. 8932. Ocean Policy Committee
``(a) Committee.--There is established an Ocean Policy Committee
(hereinafter referred to as the `Committee'). The Committee shall
retain the membership, co-chairs, and subcommittees outlined in
Executive Order No. 13840.
``(b) Responsibilities.--The Committee shall continue the
activities of that Committee as it was in existence on the day before
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 2021. In discharging its responsibilities and to assist in
the execution of the activities delineated in this subsection, the
Committee may delegate to a subcommittee, as appropriate. The Committee
shall--
``(1) prescribe policies and procedures to implement the
National Oceanographic Partnership Program;
``(2) engage and collaborate, pursuant to existing laws and
regulations, with stakeholders, including regional ocean
partnerships, to address ocean-related matters that may require
interagency or intergovernmental solutions;
``(3) facilitate coordination and integration of Federal
activities in ocean and coastal waters to inform ocean policy
and identify priority ocean research, technology, and data
needs; and
``(4) review, select, and identify partnership projects for
implementation under the program, based on--
``(A) whether the project addresses important
research objectives or operational goals;
``(B) whether the project has, or is designed to
have, appropriate participation within the
oceanographic community of public, academic,
commercial, private participation or support;
``(C) whether the partners have a long-term
commitment to the objectives of the project;
``(D) whether the resources supporting the project
are shared among the partners; and
``(E) whether the project has been subjected to
adequate review according to each of the supporting
agencies.
``(c) Annual Report and Briefing.--(1) Not later than March 1 of
each year, the Committee shall post a report on the National
Oceanographic Partnership Program on a publicly available website and
brief--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Armed Services of the Senate;
``(C) the Committee on Natural Resources of the House of
Representatives;
``(D) the Committee on Science, Space, and Technology of
the House of Representatives; and
``(E) the Committee on Armed Services of the House of
Representatives.
``(2) The report and all briefing materials shall be posted to a
publicly available website not later than 30 days after the briefing.
``(3) The report and briefing shall include the following:
``(A) A description of activities of the program carried
out during the prior fiscal year.
``(B) A general outline of the activities planned for the
program during the current fiscal year.
``(C) A summary of projects, partnerships, and
collaborations, including the Federal and non-Federal sources
of funding, continued from the prior fiscal year and projects
expected to begin during the current and subsequent fiscal
years, as required in the program office report outlined in
section 8932(f)(2)(C) of this title.
``(D) The amounts requested in the budget submitted to
Congress pursuant to section 1105(a) of title 31 for the
subsequent fiscal year, for the programs, projects, activities
and the estimated expenditures under such programs, projects,
and activities, to execute the National Oceanographic
Partnership Program.
``(E) A summary of national ocean research priorities
informed by the Ocean Research Advisory Panel required in
section 8933(b)(4) of this title.
``(F) A list of the members of the Ocean Research Advisory
Panel described in section 8933(a) of this title and any
working groups described in section 8932(f)(2)(A) of this title
in existence during the fiscal years covered.
``(d) National Oceanographic Partnership Fund.--(1) There is
established in the Treasury a separate account to be known as the
National Oceanographic Partnership Program Fund to be jointly managed
by the Secretary of the Navy, the Administrator of the National Oceanic
and Atmospheric Administration, and any other Federal agency that
contributes amounts to the Fund.
``(2) Amounts in the Fund shall be available to the National
Oceanic Partnership Program without further appropriation to remain
available for up to 5 years from the date contributed or until expended
for the purpose of carrying out this section.
``(3) There is authorized to be credited to the Fund the following:
``(A) Such amounts as determined appropriate to be
transferred to the Fund by the head of a Federal agency or
entity participating in the National Oceanographic Partnership
Program.
``(B) Funds provided by a State, local government, tribal
government, territory, or possession, or any subdivisions
thereof.
``(C) Funds contributed by--
``(i) a non-profit organization, individual, or
Congressionally-established foundation; and
``(ii) by private grants, contracts, and donations.
``(4) For the purpose of carrying out this section, as directed by
the Committee, departments or agencies represented on the Committee may
enter into contracts, make grants, including transactions authorized by
paragraph (5), and may transfer funds available to the National
Oceanographic Partnership Program under paragraph (3) to participating
departments and agencies for such purposes.
``(5) The Committee or any participating Federal agency or entity
may enter into an agreement to use, with or without reimbursement, the
land, services, equipment, personnel, and facilities of any department,
agency, or instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, District of Columbia,
or possession, or of any political subdivision thereof, or of any
foreign government or international organization or individual, for the
purpose of carrying out this section.
``(e) Establishment and Forms of Partnership Projects.--A
partnership project under the National Oceanographic Partnership
Program--
``(1) may be established by any instrument that the
Committee considers appropriate; and
``(2) may include demonstration projects.
``(f) Partnership Program Office.--(1) The Secretary of the Navy
and Administrator of the National Oceanic and Atmospheric
Administration shall jointly establish a partnership program office for
the National Oceanographic Partnership Program. Competitive procedures
will be used to select an external operator for the partnership program
office.
``(2) The Committee will monitor the performance of the duties of
the partnership program office, which shall consist of the following:
``(A) To support working groups established by the
Committee or subcommittee and report working group activities
to the Committee, including working group proposals for
partnership projects.
``(B) To support the process for proposing partnership
projects to the Committee, including, where appropriate,
managing review of such projects.
``(C) To submit to the Committee and make publicly
available an annual report on the status of all partnership
projects, including the Federal and non-Federal sources of
funding for each project, and activities of the office.
``(D) To perform any additional duties for the
administration of the National Oceanographic Partnership
Program that the Committee considers appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 893 of title 10, United States Code, is
amended by striking the item relating to section 8932 and
inserting the following new item:
``8932. Ocean Policy Committee.''.
(c) Ocean Research Advisory Panel.--Section 8933 of such title is
amended to read as follows:
``Sec. 8933. Ocean Research Advisory Panel
``(a) Establishment.--(1) The Committee shall establish an Ocean
Research Advisory Panel consisting of not less than 10 and not more
than 18 members appointed by the Co-chairs, including the following:
``(A) Three members who will represent the National
Academies of Sciences, Engineering, and Medicine.
``(B) Members selected from among individuals who will
represent the views of ocean industries, State, tribal,
territorial or local governments, academia, and such other
views as the Co-chairs consider appropriate.
``(C) Members selected from among individuals eminent in
the fields of marine science, marine technology, and marine
policy, or related fields.
``(2) The Committee shall ensure that an appropriate balance of
academic, scientific, industry, and geographical interests and gender
and racial diversity are represented by the members of the Advisory
Panel.
``(b) Responsibilities.--The Committee shall assign the following
responsibilities to the Advisory Panel:
``(1) To advise the Committee on policies and procedures to
implement the National Oceanographic Partnership Program.
``(2) To advise the Committee on matters relating to
national oceanographic science, engineering, facilities, or
resource requirements.
``(3) To advise the Committee on improving diversity,
equity, and inclusion in the ocean sciences and related fields.
``(4) To advise the Committee on national ocean research
priorities.
``(5) Any additional responsibilities that the Committee
considers appropriate.
``(6) To meet no fewer than two times a year.
``(c) Administrative and Technical Support.--The Administrator of
the National Oceanic and Atmospheric Administration shall provide such
administrative and technical support as the Ocean Research Advisory
Panel may require.
``(d) Federal Advisory Committee Act.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Ocean
Research Advisory Panel appointed under section 8933.''.
SEC. 1745. REQUIREMENTS RELATING TO PROGRAM AND PROJECT MANAGEMENT.
(a) Standards for Program and Project Management.--Section
503(c)(1)(D) of title 31, United States Code, is amended by striking
``consistent with widely accepted standards'' and inserting ``in
accordance with standards accredited by the American National Standards
Institute''.
(b) Program Management Improvement Officers and Program Management
Policy Council.--Section 1126 of title 31, United States Code, is
amended--
(1) in subsection (a)(1), by inserting after ``senior
executive of the agency'' the following: ``, who has
significant program and project management oversight
responsibilities,''; and
(2) in subsection (b)(4) by striking ``twice'' and
inserting ``four times''.
SEC. 1746. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND AND CONTROL
CONCEPT.
(a) In General.--During the period beginning on October 1, 2020,
and ending on October 1, 2022, the Director of the Joint All Domain
Command and Control (in this section referred to as ``JADC2'') Cross
Functional Team (in this section referred to as ``CFT''), in
consultation with the Vice Chairman of the Joint Chiefs of Staff and
Chief Information Officer of the Department of Defense, shall provide
to the Committee on Armed Services of the House of Representatives
quarterly briefings on the progress of the Department's Joint All
Domain Command and Control concept.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the JADC2 concept, the following elements:
(1) The status of the joint concept of command and control.
(2) How the JADC2 CFT is identifying gaps and addressing
validated requirements based on the joint concept of command
and control.
(3) Progress in developing specific plans to evaluate and
implement materiel and non-materiel improvements to command and
control capabilities.
(4) Clarification on distribution of responsibilities and
authorities within the CFT and the Office of the Secretary of
Defense with respect to JADC2, and how the CFT and the Office
of the Secretary of Defense are synchronizing and aligning with
joint and military concepts, solutions, experimentation, and
exercises.
(5) The status of and review of any recommendations for
resource allocation necessary to achieve operational JADC2.
(6) A sufficiency assessment of planned funding across the
future years defense program for the development of JADC2
capabilities.
SEC. 1747. RESOURCES TO IMPLEMENT A DEPARTMENT OF DEFENSE POLICY ON
CIVILIAN CASUALTIES IN CONNECTION WITH UNITED STATES
MILITARY OPERATIONS.
(a) Resources To Implement Department of Defense Policy on Civilian
Casualties in Connection With United States Military Operations.--
(1) Purpose.--The purpose of this section is to facilitate
fulfillment of the requirements in section 936 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(10 U.S.C. 134 note).
(2) Personnel.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall do
the following:
(A) Add to, and assign within, each of the United
States Central Command, the United States Africa
Command, the United States Special Operations Command,
the United States European Command, the United States
Southern Command, the United States Indo-Pacific
Command, and the United States Northern Command not
fewer than two personnel who shall have primary
responsibility for the following in connection with
military operations undertaken by such command:
(i) Providing guidance and oversight
relating to prevention of and response to
civilian casualties, promotion of observance of
human rights, and the protection of civilians
and civilian infrastructure.
(ii) Overseeing civilian casualty response
functions on behalf of the commander of such
command.
(iii) Receiving reports of civilian
casualties and conduct of civilian casualty
assessments.
(iv) Analyzing civilian casualty incidents
and trends.
(v) Offering condolences for casualties,
including ex gratia payments.
(vi) Ensuring the integration of activities
relating to civilian casualty mitigation,
protection of civilians, and promotion of
observance of human rights in security
cooperation activities.
(vii) Consulting with non-governmental
organizations on civilian casualty and human
rights matters.
(B) Add to, and assign within, the Office of the
Under Secretary for Policy not fewer than two personnel
who shall have primary responsibility for implementing
and overseeing implementation by the components of the
Department of Defense of Department policy on civilian
casualties resulting from United States military
operations.
(C) Add to, and assign within, the Joint Staff not
fewer than two personnel who shall have primary
responsibility for the following:
(i) Overseeing implementation by the
components of the Department of Defense of
Department policy on civilian casualties
resulting from United States military
operations.
(ii) Developing and sharing in the
implementation of such policy.
(iii) Communicating operational guidance on
such policy.
(3) Training, software, and other requirements.--
(A) In general.--In each of fiscal years 2021
through 2023, the Secretary of Defense and each
Secretary of a military department may obligate and
expend, from amounts specified in subparagraph (B), not
more than $5,000,000 for the following:
(i) Training related to civilian casualty
mitigation and response.
(ii) Information technology equipment,
support and maintenance, and data storage, in
order to implement the policy of the Department
related relating to civilian casualties
resulting from United States military
operations as required by section 936 of the
John S. McCain National Defense Authorization
Act for Fiscal Year 2019.
(B) Funds.--The funds for a fiscal year specified
in this subparagraph are funds as follows:
(i) In the case of the Secretary of
Defense, amounts authorized to be appropriated
for such fiscal year for operation and
maintenance, Defense-wide.
(ii) In the case of a Secretary of a
military department, amounts authorized to be
appropriated for such fiscal year for operation
and maintenance for the components of the Armed
Forces under the jurisdiction of such
Secretary.
(b) United States Military Operations Defined.--In this section,
the term ``United States military operations'' includes any mission,
strike, engagement, raid, or incident involving United States Armed
Forces.
SEC. 1748. SENSE OF CONGRESS REGARDING REPORTING OF CIVILIAN CASUALTIES
RESULTING FROM UNITED STATES MILITARY OPERATIONS.
It is the sense of Congress--
(1) to commend the Department of Defense for the measures
it has implemented and is currently implementing to prevent,
mitigate, track, investigate, learn from, respond to, and
report civilian casualties resulting from United States
military operations; and
(2) to agree with the Department that civilian casualties
are a tragic and unavoidable part of war, and to recognize that
the Department endeavors to conduct all military operations in
compliance with the international law of armed conflict and the
laws of the United States, including distinction,
proportionality, and the requirement to take feasible
precautions in planning and conducting operations to reduce the
risk of harm to civilians and other protected persons and
objects; and the protection of civilians and other protected
persons and objects, in addition to a legal obligation and a
strategic interest, is a moral and ethical imperative; that the
Department has submitted to Congress three successive annual
reports on civilian casualties resulting from United States
military operations for calendar years 2017, 2018, and 2019,
and has updated reports as appropriate; and to recognize the
efforts of the Department, both in policy and in practice, to
reduce the harm to civilians and other protected persons and
objects resulting from United States military operations, and
to encourage the Department to make additional progress in--
(A) developing at all combatant commands personnel
and offices responsible for advising the commanders of
such commands, and integrating into command strategy,
the promotion of observance of human rights and the
protection of civilians and other protected persons and
objects;
(B) finalizing and implementing the policy of the
Department relating to civilian casualties resulting
from United States military operations, as required by
section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 134
note);
(C) finalizing Department-wide regulations to
implement section 1213 of the National Defense
Authorization for Fiscal Year 2020 (Public Law 116-92)
for ex gratia payments for damage, personal injury, or
death that is incident to the use of force by the
United States Armed Forces, a coalition that includes
the United States, a military organization supporting
the United States, or a military organization
supporting the United States or such coalition; and
(D) professionalizing foreign partner forces to
reduce civilian casualties, including in connection
with train and equip programs, advise, assist,
accompany, and enable missions, and fully combined and
coalition operations.
SEC. 1749. PROHIBITION OF PUBLIC DISPLAY OF CONFEDERATE BATTLE FLAG ON
DEPARTMENT OF DEFENSE PROPERTY.
(a) Prohibition.--Except as provided in subsection (b) the
Secretary of Defense shall prohibit the public display of the
Confederate battle flag at all Department of Defense property.
(b) Exceptions.--The prohibition under subsection (a) shall not
apply to--
(1) a museum located on a Department of Defense
installation that addresses the Civil War from a historical or
educational perspective;
(2) an educational or historical display depicting a Civil
War battle in which the Confederate battle flag is present, but
not the main focus of the display;
(3) a State flag that incorporates the Confederate battle
flag;
(4) a State-issued license plate with a depiction of the
Confederate battle flag; or
(5) a grave site of a Confederate soldier.
(c) Definitions.--In this section:
(1) The term ``Confederate battle flag'' means the battle
flag carried by Confederate armies during the Civil War.
(2) The term ``Department of Defense property'' means all
installations, workplaces, common-access areas, and public
areas of the Department of Defense, including--
(A) office buildings, facilities, naval vessels,
aircraft, Government vehicles, hangars, ready rooms,
conference rooms, individual offices, cubicles, storage
rooms, tool and equipment rooms, workshops, break
rooms, galleys, recreational areas, commissaries, Navy
and Marine Corps exchanges, and heads;
(B) sensitive compartmented information facilities
and other secure facilities;
(C) open-bay barracks and common areas of barracks
and living quarters;
(D) all Department of Defense school houses and
training facilities including, officer candidate
school, the basic school, recruit training command, and
recruiting offices;
(E) all areas of the Department of Defense in
public or plain view, including outside areas, work
office buildings, stores, or barracks, including
parking lots;
(F) the front yard or external porch of Government-
owned and Government-operated housing and public-
private venture housing; and
(G) automobile bumper stickers, clothing, and other
apparel that is located on or in any installation,
workplace, common-access area, or public area of the
Department of Defense.
SEC. 1750. DEPLOYMENT OF REAL-TIME STATUS OF SPECIAL USE AIRSPACE.
(a) In General.--The Administrator of the Federal Aviation
Administration, in consultation, as appropriate, with the Secretary of
Defense and the heads of the military services, including the National
Guard and Air National Guard, and other appropriate Federal agencies,
shall initiate, not later than 180 days after the date of enactment of
this Act, a program to enable public dissemination of information on--
(1) the real-time status of the activation or deactivation
of military operations areas and restricted areas; and
(2) the reports submitted to the Administrator pursuant to
section 73.19 of title 14, Code of Federal Regulations.
(b) Status Report.--
(1) In general.--Not later than 1 year after the
Administrator initiates the program required under subsection
(a), and every year thereafter until such program is complete,
the Administrator shall submit a status report to the
appropriate committees of Congress on the implementation of
such program.
(2) Contents.--The report required under paragraph (1)
shall contain, at a minimum--
(A) an update on the progress of the Administrator
in modifying policies, systems, or equipment that may
be necessary to enable the public dissemination of
information on the real-time status of the activation
or deactivation of military operations areas and
restricted areas;
(B) a description of any challenges to completing
the program initiated pursuant to subsection (a),
including challenges in--
(i) receiving the timely and complete
submissions of data concerning airspace usage;
(ii) modifying policies; and
(iii) acquiring necessary systems or
equipment; and
(C) a timeline of the anticipated completion of the
program and the modifications described in subparagraph
(A).
(c) Utilization Reports.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit a report
to the appropriate committees of Congress--
(1) describing whether the Department of Defense has
submitted the utilization reports required under section 73.19
of title 14, Code of Federal Regulations for the prior fiscal
year, and, if so, to what extent such reports have been
submitted; and
(2) providing, if the Secretary discovers that all such
reports have not been submitted in a timely and complete
manner--
(A) an explanation for the failure to submit any
such reports in the manner prescribed by regulation;
and
(B) a plan to ensure the timely and complete
submission of all such reports.
(d) Policies.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall submit a report to the appropriate
committees of Congress on special use airspace, including a review of
the Federal Aviation Administration's--
(1) policies and processes for establishing, reviewing, and
revoking military operations areas and restricted areas; and
(2) administration, including release of, underutilized
special use airspace.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of
the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Armed Services of
the House of Representatives.
(2) The term ``underutilized'', with respect to a military
operations area or restricted area, means such an area
determined by the Administrator of the Federal Aviation
Administrator to have had, during the 2 most recent consecutive
fiscal years prior to the date of enactment of this Act, the
number of hours actually utilized be less than 75 percent of
the number of hours the area was activated, discounted for
weather cancellations and delays, loss of use for reasons
beyond the control of the Federal agency using the area, and
other factors determined appropriate by the Administrator.
SEC. 1751. DUTIES OF SECRETARY UNDER UNIFORMED AND OVERSEAS CITIZENS
ABSENTEE VOTING ACT.
(a) Ensuring Ability of Absent Uniformed Services Voters Serving at
Diplomatic and Consular Posts To Receive and Transmit Balloting
Materials.--In carrying out the Secretary's duties as the Presidential
designee under the Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.), the Secretary shall take such actions as may
be necessary to ensure that an absent uniformed services voter under
such Act who is absent from the United States by reason of active duty
or service at a diplomatic and consular post of the United States is
able to receive and transmit balloting materials in the same manner and
with the same rights and protections as an absent uniformed services
voter under such Act who is absent from the United States by reason of
active duty or service at a military installation.
(b) Effective Date.--This section shall apply with respect to
elections held on or after the date of the enactment of this Act.
SEC. 1752. PUBLICLY AVAILABLE DATABASE OF CASUALTIES OF MEMBERS OF THE
ARMED FORCES.
(a) In General.--The Secretary of Defense shall publish on an
appropriate publicly available website of the Department of Defense a
database of all casualties of members of the Armed Forces of the United
States that occur during military operations that take place during
1990 or any subsequent year.
(b) Requirements.--The Secretary shall ensure that the database
published under subsection (a) has the following capabilities:
(1) The capability of generating a machine readable report,
to the extent practicable, through searches based on each, and
any combination, of the casualty attributes.
(2) The capability of downloading individual records as the
result of a search based on each, and any combination, of the
casualty attributes.
(c) Next-of-Kin Opt Out.--The Secretary shall develop a mechanism
under which the next-of-kin (as determined by the Secretary) of any
individual whose information would be included in the database required
under subsection (a) may elect to have such information excluded from
the database.
(d) Casualty Attributes.--In this section, the term ``casualty
attributes'' means each of the following with respect to the casualty
of a member of the Armed Forces:
(1) The conflict in which the casualty occurred.
(2) The country where the casualty occurred.
(3) The attributes of the member of the Armed Forces,
including--
(A) service;
(B) component;
(C) name;
(D) rank;
(E) date of death; and
(F) any other information as determined by the
Secretary.
SEC. 1753. NOTICE AND COMMENT FOR PROPOSED ACTIONS OF THE SECRETARY OF
DEFENSE RELATING TO FOOD AND BEVERAGE INGREDIENTS.
(a) Notice and Comment.--Before promulgating any service-wide or
Department-wide final rule, statement, or determination relating to the
limitation or prohibition of an ingredient in a food or beverage item
provided to members of the Armed Forces by the Department of Defense
(including an item provided through a commissary store, a dining
facility on a military installation, or a military medical treatment
facility), the Secretary of Defense shall--
(1) publish in the Federal Register a notice of the
proposed rule, statement, or determination (in this section
referred to as a ``proposed action''); and
(2) provide interested persons an opportunity to submit
public comments with respect to the proposed action.
(b) Matters To Be Included in Notice.--The Secretary shall include
in any notice published under subsection (a)(2) the following:
(1) A summary of the notice.
(2) The date of publication of the notice.
(3) The contact information for the office of the
Department of Defense responsible for the proposed action.
(4) The deadline for comments to be submitted with respect
to the proposed action and a description of the method to
submit such comments.
(5) A description of the proposed action.
(6) Findings and a statement of reason supporting the
proposed action.
(c) Waiver Authority.--The Director of the Defense Logistics Agency
may waive subsections (a) and (b) if the Director determines such
waiver is necessary for military operations or for the response to a
national emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.), a medical emergency, or a
pandemic.
(d) Reports.--
(1) Reports.--On a quarterly basis, the Director of the
Defense Logistics Agency shall submit to the congressional
defense committees a report containing an identification of any
waiver under subsection (c) issued or in effect during the
quarter preceding submission of the report.
(2) Matters.--A report under paragraph (1) shall include,
with respect to each waiver identified, the following:
(A) The date, time, and location of the issuance of
such waiver.
(B) A detailed justification for the issuance of
such waiver.
(C) An identification of the rule, statement, or
determination for which the Director issued such
waiver, including the proposed duration of such rule,
statement, or determination.
SEC. 1754. SPACE STRATEGIES AND ASSESSMENT.
(a) Sense of Congress.--It is the sense of Congress that the United
States Government should support activities in space by--
(1) ensuring robust, innovative, and increasingly capable
civil and national security space programs;
(2) supporting effective and stable space partnerships with
allies of the United States;
(3) leveraging, to the greatest extent practicable and
appropriate, commercial space capabilities; and
(4) ensuring freedom of navigation and providing measures
to assure the supply chain related to such space assets and
manufacturing processes of such assets.
(b) Strategy Required.--Not later than 270 days after the date of
the enactment of this Act, the President, in consultation with the
National Space Council, shall develop and maintain a strategy to ensure
that the United States, as appropriate, strengthens civil and national
security capabilities and operations in space through--
(1) challenging and inspiring civil space goals and
programs;
(2) partnerships with allies of the United States;
(3) leveraging of commercial space capabilities;
(4) ensuring supply chain and manufacturing processes for
space assets;
(5) sustaining a highly skilled, world-class workforce; and
(6) considering the financial security and cybersecurity
concerns threatening commercial and Federal Government launch
sites of the United States.
(c) Submission of Strategy and Plan.--Not later than 1 year after
the date of the enactment of this Act, the Chair of the National Space
Council, in consultation with relevant departments and agencies of the
Federal Government, shall submit to the appropriate congressional
committees a report setting forth--
(1) the strategy under subsection (b); and
(2) a plan to implement the strategy, including to--
(A) ensure the freedom of navigation of space
assets and protect the supply chain relating to such
assets and manufacturing process of such assets from
threats from China, Russia, Iran, and North Korea,
which may include protection from intellectual property
theft and threats with respect to electronic warfare
capabilities;
(B) identify capabilities required to ensure civil
and national security space leadership;
(C) provide contingency and resiliency for civil
and national security space operations; and
(D) strengthen relations with the allies of the
United States with respect to space.
(d) Assessment and Report.--
(1) Assessment and report requirement.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense, in consultation with the Director of National
Intelligence and the Administrator of the National Aeronautics
and Space Administration, shall submit to the appropriate
congressional committees a report that includes--
(A) an assessment of the capabilities and role of
relevant departments and agencies of the Federal
Government to--
(i) ensure access to launch,
communications, and freedom of navigation and
other relevant infrastructure and services for
civil and national security space programs and
activities; and
(ii) identify vulnerabilities that could
affect access to space infrastructure; and
(iii) address financial security and
cybersecurity concerns threatening commercial
and Federal Government launch sites of the
United States; and
(B) recommendations and costs to improve the
capabilities assessed pursuant to subparagraph (A),
including recommendations with respect to--
(i) the electronic warfare capabilities of
China, Russia, Iran, and North Korea; and
(ii) the use of counterspace weapons and
cyber attacks by China, Russia, Iran, and North
Korea.
(2) Form.--The report under paragraph (1) may include a
classified annex.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services of the House of
Representatives;
(B) the Committee on Science, Space, and Technology
of the House of Representatives;
(C) the Committee on Foreign Affairs of the House
of Representatives;
(D) the Committee on Energy and Commerce of the
House of Representatives;
(E) the Permanent Select Committee on Intelligence
of the House of Representatives;
(F) the Committee on Armed Services of the Senate;
(G) the Committee on Foreign Relations of the
Senate;
(H) the Committee on Commerce, Science, and
Transportation of the Senate; and
(I) the Select Committee on Intelligence of the
Senate.
(2) The term ``launch site'' has the meaning given that
term under section 50902 of title 51, United States Code.
SEC. 1755. NONIMMIGRANT STATUS FOR CERTAIN NATIONALS OF PORTUGAL.
For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal
shall be considered to be a foreign state described in such section if
the Government of Portugal provides similar nonimmigrant status to
nationals of the United States.
SEC. 1756. SENSE OF CONGRESS ON EXTENSION OF LIMITATIONS ON IMPORTATION
OF URANIUM FROM RUSSIAN FEDERATION.
It is the sense of Congress that--
(1) a secure nuclear fuel supply chain is essential to the
economic and national security of the United States;
(2) the Government of the Russian Federation uses its
control over energy resources, including in the civil nuclear
sector, to exert political influence and create economic
dependency in other countries;
(3) the Agreement Suspending the Antidumping Investigation
on Uranium from the Russian Federation (commonly referred to as
the ``Russian Suspension Agreement''), which limits imports of
Russian uranium to 20 percent of the market share, is vital to
averting American dependence on Russian energy;
(4) the United States should--
(A) expeditiously complete negotiation of an
extension of the Russian Suspension Agreement to cap
the market share for Russian uranium at 20 percent or
lower; or
(B) if an agreement to extend the Russian
Suspension Agreement cannot be reached, complete the
antidumping investigation under title VII of the Tariff
Act of 1930 (19 U.S.C. 1671 et seq.) with respect to
imports of uranium from the Russian Federation--
(i) to avoid unfair trade in uranium and
maintain a nuclear fuel supply chain in the
United States, consistent with the national
security and nonproliferation goals of the
United States; and
(ii) to protect the United States nuclear
fuel supply chain from the continued
manipulation of the global and United States
uranium markets by the Russian Federation and
Russian-influenced competitors;
(5) a renegotiated, long-term extension of the Russian
Suspension Agreement can prevent adversaries of the United
States from monopolizing the nuclear fuel supply chain;
(6) as was done in 2008, upon completion of a new
negotiated long-term extension of the Russian Suspension
Agreement, Congress should enact legislation to codify the
terms of extension into law to ensure long-term stability for
the domestic nuclear fuel supply chain; and
(7) if the negotiations to extend the Russian Suspension
Agreement prove unsuccessful, Congress should be prepared to
enact legislation to prevent the manipulation by the Russian
Federation of global uranium markets and potential domination
by the Russian Federation of the United States uranium market.
SEC. 1757. AUTHORITY TO ESTABLISH A MOVEMENT COORDINATION CENTER
PACIFIC IN THE INDOPACIFIC REGION.
(a) Authority To Establish.--
(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize--
(A) the establishment of a Movement Coordination
Center Pacific (in this section referred to as the
``Center''); and
(B) participation of the Department of Defense in
an Air Transport and Air-to-Air refueling and other
Exchanges of Services program (in this section referred
to as the ``ATARES program'') of the Center.
(2) Scope of participation.--Participation in the ATARES
program under paragraph (1)(B) shall be limited to the
reciprocal exchange or transfer of air transportation and air
refueling services on a reimbursable basis or by replacement-
in-kind or the exchange of air transportation or air refueling
services of an equal value with foreign militaries.
(3) Limitations.--The Department of Defense's balance of
executed transportation hours, whether as credits or debits, in
participation in the ATARES program under paragraph (1)(B) may
not exceed 500 hours. The Department of Defense's balance of
executed flight hours for air refueling in the ATARES program
under paragraph (1)(B) may not exceed 200 hours.
(b) Written Arrangement or Agreement.--
(1) Arrangement or agreement required.--The participation
of the Department of Defense in the ATARES or exchange like
program under subsection (a) shall be in accordance with a
written arrangement or agreement entered into by the Secretary
of Defense, with the concurrence of the Secretary of State.
(2) Funding arrangements.--If Department of Defense
facilities, equipment, or funds are used to support the ATARES
program, the written arrangement or agreement under paragraph
(1) shall specify the details of any equitable cost-sharing or
other funding arrangement.
(3) Other elements.--Any written arrangement or agreement
entered into under paragraph (1) shall require that any accrued
credits and liabilities resulting from an unequal exchange or
transfer of air transportation or air refueling services shall
be liquidated, not less than once every 5 years, through the
ATARES program.
(c) Implementation.--In carrying out any written arrangement or
agreement entered into under subsection (b), the Secretary of Defense
may--
(1) pay the Department of Defense's equitable share of the
operating expenses of the Center and the ATARES program from
funds available to the Department of Defense for operation and
maintenance; and
(2) assign members of the Armed Forces or Department of
Defense civilian personnel, within billets authorized for the
United States Indo-Pacific Command, to duty at the Center as
necessary to fulfill the Department of Defense obligations
under that arrangement or agreement.
(d) Report.--Not later than March 1, 2021, the Secretary of Defense
shall submit to the congressional defense committees a report that
contains--
(1) a summary of the coordination structure of the center
and program, and details related to its formation and
implementation;
(2) list of the military services, by country,
participating or seeking to participate in the program;
(3) for each country on the list under paragraph (2), a
description of completed agreements and those still to be
completed with host nations, as applicable; and
(4) any other relevant matters that the Secretary
determines should be included.
SEC. 1758. ESTABLISHMENT OF VETTING PROCEDURES AND MONITORING
REQUIREMENTS FOR CERTAIN MILITARY TRAINING.
(a) Establishment of Vetting Procedures.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish procedures to vet covered individuals for eligibility
for physical access to Department of Defense installations and
facilities within the United States.
(2) Criteria for procedures.--The procedures established
under paragraph (1) shall include biographic and biometric
screening of covered individuals, continuous review of whether
covered individuals should continue to be authorized for
physical access, biographic checks of the immediate family
members of covered individuals, and any other measures that the
Secretary determines appropriate for vetting.
(3) Collection of information.--The Secretary shall--
(A) collect the information required to vet
individuals under the procedures established under this
subsection;
(B) as required for the effective implementation of
this section, seek to enter into agreements with the
relevant departments and agencies of the United States
to facilitate the sharing of information in the
possession of such departments and agencies concerning
covered individuals; and
(C) ensure that the initial vetting of covered
individuals is conducted as early and promptly as
practicable, to minimize disruptions to United States
programs to train foreign military students.
(b) Determination Authority.--
(1) Review of vetting results.--The Secretary shall assign
to an organization within the Department with responsibility
for security and counterintelligence the responsibility of--
(A) reviewing the results of the vetting of a
covered individual conducted under subsection (a); and
(B) making a recommendation regarding whether such
individual should be given physical access to a
Department of Defense installation or facility.
(2) Negative recommendation.--If the recommendation with
respect to a covered individual under paragraph (1)(B) is that
the individual should not be given physical access to a
Department of Defense installation or facility--
(A) such individual may only be given such access
if such access is authorized by the Secretary of
Defense or the Deputy Secretary of Defense; and
(B) the Secretary of Defense shall ensure that the
Secretary of State is promptly provided with
notification of such recommendation.
(c) Additional Security Measures.--
(1) Security measures required.--The Secretary of Defense
shall ensure that--
(A) all Department of Defense common access cards
issued to foreign nationals in the United States comply
with the credentialing standards issued by the Office
of Personnel Management;
(B) all such common access cards issued to foreign
nationals in the United States include a visual
indicator as required by the standard developed by the
Department of Commerce National Institute of Standards
and Technology;
(C) physical access by covered individuals is
limited, as appropriate, to those Department of Defense
installations or facilities within the United States
directly associated with the training or education or
necessary for such individuals to access authorized
benefits;
(D) a policy is in place covering possession of
firearms on Department of Defense property by covered
individuals;
(E) covered individuals who have been granted
physical access to Department of Defense installations
and facilities are incorporated into the Insider Threat
Program of the Department of Defense; and
(F) covered individuals are prohibited from
transporting, possessing, storing, or using personally
owned firearms on Department of Defense installations
or property consistent with the Secretary of Defense
policy memorandum dated January 16, 2020.
(2) Effective date.--The security measures required under
paragraph (1) shall take effect on the date that is 181 days
after the date of the enactment of this Act.
(3) Notification required.--Upon the establishment of the
security measures required under paragraph (1), the Secretary
of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives notice of the
establishment of such security measures.
(d) Reporting Requirements.--
(1) Briefing requirement.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committee on Armed Services of the Senate
and the Committees on Armed Services and Foreign Affairs of the
House of Representative a briefing on the establishment of any
policy or guidance related to the implementation of this
section.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Defense shall submit to
such committees a report on the implementation and effects of
this section. Such report shall include a description of--
(A) any positive or negative effects on the
training of foreign military students as a result of
this section;
(B) the effectiveness of the vetting procedures
implemented pursuant to this section in preventing harm
to members of the Armed Forces and United States
persons;
(C) any mitigation strategies used to address any
negative effects of the implementation of this section;
and
(D) a proposed plan to mitigate any ongoing
negative effects to the vetting and training of foreign
military students by the Department of Defense.
(3) Report by comptroller general.--Not later than 3 years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress an
unclassified report (which may contain a classified annex) on
the safety and security of United States personnel and
international students assigned to United States military bases
participating in programs authorized under chapter 5 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.)
(relating to international military education and training),
particularly with respect to whether--
(A) relevant United States diplomatic and consular
personnel properly vet foreign personnel participating
in such programs and entering such bases;
(B) existing screening protocols with respect to
such vetting include counter-terrorism screening and
are sufficiently effective at ensuring the safety and
security of United States personnel and international
students assigned to such bases; and
(C) whether existing screening protocols with
respect to such vetting are in compliance with
applicable requirements of section 362 of title 10,
United States Code, and sections 502B and 620M of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304 and
2378d).
(e) Vetting Procedures Review for Department of State Regional and
Country Strategies.--The Secretary of State shall ensure that any
comprehensive regional strategy, such as a joint regional strategy or
its equivalent, and any country strategy, such as an integrated country
strategy or its equivalent, that is produced by the Department of State
during the 8-year period beginning on the date that is 2 years after
the date of the enactment of this Act, and each successor strategy to
such strategy during such 8-year period, shall integrate a review of
vetting procedures for diplomatic visas that includes--
(1) an evaluation of the vetting procedures of diplomatic
and consular posts for issuing visas to diplomats and
government officials;
(2) an analysis of the frequency and regularity of the
review of such procedures;
(3) a description of the methods and resources used to vet
applications for diplomatic visas;
(4) a description of the methodologies employed for
ensuring any such diplomatic visas issued for purposes of
security assistance (as such term is defined for purposes of
section 502B of the Foreign Assistance Act of 1961) are vetted
in compliance with applicable requirements of section 362 of
title 10, United States Code, and sections 502B and 620M of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d); and
(5) a description of the methods and resources used to
conduct recurring reviews of individuals remaining in the
United States for more than one year from the date of the
issuance of a visa, and recurring reviews of individuals
entering the United States on a multi-entry visa over a period
of time longer than 1 year.
(f) Definitions.--In this section:
(1) The term ``covered individual'' means any foreign
national (except foreign nationals of Australia, Canada, New
Zealand, and the United Kingdom who have been granted a
security clearance that is reciprocally accepted by the United
States for access to classified information) who--
(A) is seeking physical access to a Department of
Defense installation or facility within the United
States; and
(B) is--
(i) selected, nominated, or accepted for
training or education for a period of more than
14 days occurring on a Department of Defense
installation or facility within the United
States; or
(ii) an immediate family member
accompanying any foreign national who has been
selected, nominated, or accepted for such
training or education.
(2) The term ``United States'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, and
Guam.
(3) The term ``immediate family member'' with respect to
any individual means the parent, step-parent, sibling, step-
sibling, half-sibling, child, or step-child of the individual.
SEC. 1759. WOMEN, PEACE, AND SECURITY ACT IMPLEMENTATION.
(a) Sense of Congress.--It is the sense of Congress that
$15,000,000 annually is an appropriate allocation of funding to be made
available for activities consistent with the Women, Peace, and Security
Act of 2017 (Public Law 115-68; 131 Stat. 1202) and with any guidance
specified in this section, in order to fully implement such Act and in
furtherance of the national security priorities of the United States.
(b) In General.--During the period beginning on the date of the
enactment of this Act and ending on September 30, 2025, the Secretary
of Defense shall carry out activities consistent with the Women, Peace,
and Security Act of 2017 and with the guidance specified in this
section, including by carrying out--
(1) any Defense-wide directives and programs that advance
the implementation of the Women, Peace, and Security Act of
2017, including directives relating to military doctrine,
programs that are applicable across the Department, and
programs that are specific to a combatant command;
(2) the hiring and training of full-time equivalent
personnel as gender advisors of the Department;
(3) the integration of gender analysis into training for
military personnel across ranks, to include special emphasis on
senior level training and support for women, peace, and
security; and
(4) security cooperation activities that further implement
the Women, Peace, and Security Act of 2017.
(c) Security Cooperation Activities.--Consistent with the Women,
Peace, and Security Act of 2017, the Secretary of Defense, in
coordination with the Secretary of State, shall incorporate gender
analysis and participation by women into security cooperation
activities conducted with the national security forces of foreign
countries pursuant to subsection (b)(4), including by--
(1) incorporating gender analysis (including data
disaggregated by sex) and priorities for women, peace, and
security into educational, training, and capacity-building
materials and programs, including as authorized by section 333
of title 10, United States Code;
(2) advancing and advising on the recruitment, employment,
development, retention, and promotion of women in the national
security forces of such foreign countries, including by--
(A) identifying available military career
opportunities for women;
(B) promoting such career opportunities among women
and girls;
(C) promoting the skills necessary for such
careers;
(D) encouraging the interest of women and girls in
such careers, including by highlighting as role models
women in such careers in the United States or in
applicable foreign countries; and
(E) advising on best practices to prevent the
harassment and abuse of women serving in the national
security forces of such foreign countries;
(3) incorporating training and advising to address sexual
harassment and abuse against women within such national
security forces;
(4) integrating gender analysis into policy and planning;
(5) ensuring any infrastructure constructed pursuant to the
security cooperation activity addresses the requirements of
women serving in such national security forces, including by
addressing appropriate equipment; and
(6) including Department of Defense personnel who are women
in security cooperation activities of the United States
conducted abroad.
(d) Partner Country Assessments.--The Secretary of Defense shall
include in any partner country assessment conducted in the course of
carrying out security cooperation activities specified in subsection
(b)(4) consideration of any barriers or opportunities with respect to
women in the national security forces of such partner countries,
including any barriers or opportunities relating to--
(1) protections against exploitation, abuse, and
harassment; or
(2) recruitment, employment, development, retention, or
promotion of the women.
(e) Pilot Program.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of State--
(A) shall direct and carry out a pilot program to
conduct partner country assessments referred to in
subsection (d) on barriers to the participation of
women in the national security forces of participating
partner countries (in this subsection referred to as a
``pilot barrier assessment'');
(B) in carrying out such pilot program, shall seek
to enter into contracts with nonprofit organizations or
federally funded research and development centers
independent of the Department of Defense for the
purpose of conducting the pilot barrier assessments;
and
(C) after a pilot barrier assessment is conducted,
shall--
(i) review the methods of research and
analysis used by any entity contracted with
pursuant to subparagraph (B) in conducting such
assessment and identify lessons learned from
the review; and
(ii) assess the ability of the Department
of Defense to conduct future pilot barrier
assessments without entering into a contract
pursuant to subparagraph (B), including by
assessing potential costs and benefits for the
Department that may arise from conducting such
future assessments.
(2) Selection of countries.--
(A) In general.--The Secretary of Defense, in
consultation with the commanders of the combatant
commands and relevant United States ambassadors, shall
select one partner country from within the geographic
area of responsibility of each geographic combatant
command for participation in the pilot program.
(B) Consideration.--In making the selection under
subparagraph (A), the demonstrated political commitment
of the partner country to increasing the participation
of women in the security sector and the national
security priorities and theater campaign strategies of
the United States shall be considered.
(3) Pilot barrier assessment.--A pilot barrier assessment
under this subsection shall be--
(A) adapted to the local context of the partner
country being assessed;
(B) conducted in collaboration with the security
sector of the partner country being assessed; and
(C) based on tested methodologies.
(4) Findings.--
(A) In general.--The Secretary of Defense should
use findings from each pilot barrier assessment to
inform effective security cooperation activities and
security sector assistance interventions by the United
States in the partner country assessed. Such activities
and interventions shall substantially increase
opportunities for the recruitment, employment,
development, retention, deployment, and promotion of
women in the national security forces of such partner
country (including for deployments to peace operations
and for participation in counterterrorism operations
and activities).
(B) Model methodology.--The Secretary of Defense,
in coordination with the Secretary of State, shall
develop a model barrier assessment methodology from the
findings of the pilot program for use across the
geographic combatant commands.
(5) Reports on pilot program.--
(A) Initial report.--Not later than 2 years after
the date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State,
shall submit to the appropriate committees of Congress
an initial report on the implementation of the pilot
program under this subsection, including an
identification of the partner counties selected for
participation in the program and the justifications for
such selections.
(B) Update to report.--Not later than 2 years after
the date on which the initial report under subparagraph
(A) is submitted, the Secretary of Defense, in
coordination with the Secretary of State, shall submit
to the appropriate committees of Congress an update to
the initial report.
(C) Report on methodology.--On the date on which
the Secretary of Defense determines the pilot program
to be complete, the Secretary of Defense, in
coordination with the Secretary of State, shall submit
to the appropriate committees of Congress a report on
the model barrier assessment methodology developed
under paragraph (4)(B).
(f) Building United States Capacity.--
(1) Military service academies.--Consistent with subsection
(c)(6), the Secretary of Defense shall make every effort to
encourage the admission of diverse individuals (including
individuals who are women) to each military service academy,
including by--
(A) establishing programs that hold commanding
officers accountable for removing biases with respect
to such individuals;
(B) ensuring that each military service academy
fosters a zero tolerance environment for harassment
towards such individuals; and
(C) ensuring that each military service academy
fosters equal opportunities for growth that enable the
full participation of such individuals in all training
programs, career tracks, and elements of the
Department, especially in elements of the Armed Forces
previously closed to women, such as infantry and
special operations forces.
(2) Partnerships with schools and nonprofit
organizations.--The Secretary of Defense shall make every
effort to enter into partnerships with elementary schools,
secondary schools, postsecondary educational institutions, and
nonprofit organizations, to support activities relating to the
implementation of the Women, Peace, and Security Act of 2017.
(g) Standardization of Policies.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
initiate a process to standardize policies relating to women,
peace, and security across the Department of Defense.
(2) Roles, responsibilities, and requirements.--In carrying
out the process initiated under paragraph (1), the Secretary
shall establish roles, responsibilities, and requirements for
gender advisors, gender focal points, and women, peace, and
security subject matter experts, including with respect to
commander and senior official-level engagement and support for
women, peace, and security commitments.
(h) Department Education, and Training.--The Secretary of Defense
shall--
(1) integrate gender analysis into relevant training for
all members of the Armed Forces and civilian employees of the
Department of Defense;
(2) develop standardized training, across the Department,
for gender advisors, gender focal points, and women, peace, and
security subject matter experts;
(3) ensure that gender analysis and the meaningful
participation of women and their relationship to security
outcomes is addressed in professional military education
curriculum; and
(4) build the capacity of the Department to conduct the
partner country assessments referred to in subsection (d).
(i) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Defense Security Cooperation
Agency shall provide a briefing to the appropriate committees of
Congress on the efforts to build partner defense institution and
security force capacity pursuant to this section.
(j) Reports.--During the period beginning on the date of the
enactment and ending on January 1, 2025, on a basis that is not less
frequently than annually, the Secretary of Defense shall submit to the
appropriate committees of Congress reports on the steps the Department
has taken to implement the Women, Peace, and Security Act of 2017,
including with respect to activities carried out under this section.
(k) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(2) The term ``gender analysis'' has the meaning given that
term in the Women's Entrepreneurship and Economic Empowerment
Act of 2018 (Public Law 115-428; 132 Stat. 5509).
(3) The terms ``elementary school'' and ``secondary
school'' have the meanings given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) The term ``postsecondary educational institution'' has
the meaning given that term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
SEC. 1760. DEVELOPING CRISIS CAPABILITIES TO MEET NEEDS FOR HOMELAND
SECURITY-CRITICAL SUPPLIES.
(a) In General.--The Secretary of Homeland Security shall
coordinate with the Secretary of Health and Human Services, the
Administrator of the Environmental Protection Agency, and the heads of
other relevant Federal departments and agencies--
(1) to identify categories of homeland security-critical
supplies that would be needed to address potential national
emergencies or disasters, including any public health
emergency, act of terrorism (as defined in section 3077 of
title 18, United States Code), cyber attack, and other attack;
(2) to develop plans, designs, and guidance relating to the
production, in accordance with other applicable law, of the
categories of homeland security-critical supplies identified
pursuant to paragraph (1) to address the respective national
emergencies and disasters, including such production by
nontraditional manufacturers; and
(3) based on such final plans, designs, and guidance, to
enter into such contingent arrangements with governmental and
private entities, in accordance with other applicable law, as
may be necessary to expedite the production of homeland
security-critical supplies in the event of a national emergency
or disaster.
(b) Process.--In coordinating the development or revision of a
plan, design, or guidance with respect to any homeland security-
critical supply under this section:
(1) The Secretary of Homeland Security shall give each
Federal department or agency with responsibility for regulating
the supply an opportunity--
(A) to contribute to the development or revision of
the plan, design, or guidance; and
(B) to approve or disapprove the plan, design, or
guidance under regulations appropriate to approving the
supply for emergency or disaster use.
(2) If a Federal department or agency with responsibility
for regulating the homeland security-critical supply
disapproves of the plan, design, or guidance with respect to
the supply, the head of the disapproving department or agency
shall provide to the Secretary of Homeland Security the
rationale for the disapproval.
(3) The Secretary of Homeland Security may--
(A) if no Federal department or agency disapproves
a plan, design, or guidance as described in paragraphs
(1)(B) and (2), finalize the plan, design, or guidance
for purposes of subsections (a)(3) and (c); and
(B) if a Federal department or agency does
disapprove a plan, design, or guidance as described in
paragraphs (1)(B) and (2), provide an updated plan,
design, or guidance for review and approval or
disapproval in accordance with paragraphs (1) and (2).
(c) Public Posting.--The Secretary of Homeland Security shall
publish each final plan, design, or guidance that is developed under
this section on a public Internet website, except that the Secretary
may withhold publication of, or redact information from the publication
of, a plan, design, or guidance if--
(1) publicly posting the information would not be in the
interest of homeland security;
(2) the information is protected from public disclosure by
other applicable law; or
(3) the information is protected from public disclosure by
contract.
(d) Relation to Other Law.--Nothing in this section shall be
construed to expand, repeal, limit, or otherwise affect the provisions
of other applicable law pertaining to the regulation of a homeland
security-critical supply.
(e) Biennial Review.--Not less than every 2 years, in accordance
with subsections (a) through (e), the Secretary of Homeland Security
shall coordinate the review and, as needed, revision of each plan,
design, and guidance in effect under this section.
(f) Definition.--In this section:
(1) The term ``homeland security-critical supply''--
(A) means any supply needed to ensure public safety
and welfare during--
(i) a national emergency or disaster,
including any public health emergency, act of
terrorism (as defined in section 3077 of title
18, United States Code), cyber attack, and
other attack; or
(ii) any other reasonably foreseeable
contingency of grave consequence to the United
States during which shortages are reasonably
anticipated; and
(B) includes a vaccine, a medication, medical
equipment, and personal protective equipment.
(2) The term ``nontraditional manufacturer'' may include
(as determined by the Secretary)--
(A) a home craftsperson;
(B) a distiller;
(C) a cosmetic manufacturer;
(D) a manufacturing facility primarily designed for
an industry other than manufacturing homeland security-
critical supplies;
(E) an institution of higher education;
(F) an advanced manufacturing facility;
(G) a machine shop; and
(H) a research laboratory.
SEC. 1761. ESTABLISHMENT OF WESTERN EMERGENCY REFINED PETROLEUM
PRODUCTS RESERVE.
(a) Establishment.--The Secretary of Defense, acting through the
Director of the Defense Logistics Agency, shall establish a reserve, to
be known as the ``Western Emergency Refined Petroleum Products
Reserve'' (in this section referred to as the ``Reserve''), to store
refined petroleum products that may be made available to military and
governmental entities during an emergency situation, as determined
appropriate by the Secretary of Defense.
(b) Use of Reserve.--In accordance with subsection (a), the
Secretary of Defense may make refined petroleum products stored in the
Reserve available to other Federal agencies, State and local
governments, and any other public entity determined appropriate by the
Secretary of Defense.
(c) Reimbursement.--The Secretary of Defense shall require
reimbursement for associated costs for storage capacity or refined
petroleum products made available to other Federal agencies, State or
local governments, or any other public entity pursuant to this section.
(d) Location.--The Reserve shall--
(1) be located in the western region of the United States;
(2) utilize salt cavern storage; and
(3) be in immediate proximity to existing pipeline, rail,
and highway infrastructure.
(e) Condition on Commencement.--Commencement of the program shall
be subject to the availability of appropriations for the program.
SEC. 1762. FOREIGN STATE COMPUTER INTRUSIONS.
(a) In General.--Chapter 97 of title 28, United States Code, is
amended by inserting after section 1605B the following:
``Sec. 1605C. Computer intrusions by a foreign state
``A foreign state shall not be immune from the jurisdiction of the
courts of the United States or of the States in any case not otherwise
covered by this chapter in which money damages are sought against a
foreign state by a national of the United States for personal injury,
harm to reputation, or damage to or loss of property resulting from any
of the following activities, whether occurring in the United States or
a foreign state:
``(1) Unauthorized access to or access exceeding
authorization to a computer located in the United States.
``(2) Unauthorized access to confidential, electronic
stored information located in the United States.
``(3) The transmission of a program, information, code, or
command to a computer located in the United States, which, as a
result of such conduct, causes damage without authorization.
``(4) The use, dissemination, or disclosure, without
consent, of any information obtained by means of any activity
described in paragraph (1), (2), or (3).
``(5) The provision of material support or resources for
any activity described in paragraph (1), (2), (3), or (4),
including by an official, employee, or agent of such foreign
state.''.
(b) Clerical Amendment.--The table of sections for chapter 97 of
title 28, United States Code, is amended by inserting after the item
relating to section 1605B the following:
``1605C. Computer intrusions by a foreign state.''.
(c) Application.--This section and the amendments made by this
section shall apply to any action pending on or filed on or after the
date of the enactment of this Act.
SEC. 1763. ONLINE AND DISTANCE EDUCATION CLASSES AND NONIMMIGRANT
VISAS.
(a) In General.--Notwithstanding any other provision of law, for
the period described in subsection (b), a nonimmigrant described in
subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)) may engage in online or
distance education classes or programs that are determined necessary by
an institution or program described in such subparagraph for the
protection of health and safety, and such classes or programs shall
count towards the requirement to pursue a full course of study to
maintain nonimmigrant status.
(b) Period Described.--The period described in this section--
(1) begins on March 13, 2020; and
(2) ends on the date that is the later of--
(A) June 30, 2021; or
(B) the date that is 90 days after the date on
which the public health emergency declared with respect
to COVID-19 by the Secretary of Health and Human
Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d) is terminated.
SEC. 1764. TRANSFER OF MARE ISLAND NAVAL CEMETERY TO SECRETARY OF
VETERANS AFFAIRS FOR MAINTENANCE BY NATIONAL CEMETERY
ADMINISTRATION.
(a) Agreement.--Beginning on the date that is 180 days after the
date on which the Secretary submits the report required by subsection
(c)(1), the Secretary of Veterans Affairs shall seek to enter into an
agreement with the city of Vallejo, California, under which the city of
Vallejo shall transfer to the Secretary all right, title, and interest
in the Mare Island Naval Cemetery in Vallejo, California, at no cost to
the Secretary. The Secretary shall seek to enter into such agreement
before the date that is 1 year after the date on which such report is
submitted.
(b) Maintenance by National Cemetery Administration.--If the Mare
Island Naval Cemetery is transferred to the Secretary of Veterans
Affairs pursuant to subsection (a), the National Cemetery
Administration shall maintain the cemetery as a national shrine.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on the feasibility and advisability of exercising the authority
granted by subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) An assessment of the feasibility and
advisability of exercising the authority granted by
subsection (a).
(B) An estimate of the costs, including both direct
and indirect costs, that the Department of Veterans
Affairs would incur by exercising such authority.
SEC. 1765. MITIGATION OF HELICOPTER NOISE.
(a) In General.--The Secretary of Defense shall take the following
actions to mitigate helicopter noise and to receive, track, and analyze
complaints on an ongoing basis from individuals in the National Capital
Region:
(1) Develop a noise inquiry website, to assist in directing
mitigation efforts toward concentrated areas of inquiry, that
is based off of the websites of the Ronald Reagan Washington
National Airport and the Dulles International Airport. Such
website shall--
(A) provide a form to collect inquiry information;
(B) geo-tag the location of the inquiry to an
exportable map;
(C) export information to an Excel spreadsheet; and
(D) send an email response to the individual making
the inquiry.
(2) Establish a helicopter noise abatement working group
led by the Department of Defense to collect, correlate, and
identify trends associated with helicopter noise within the
National Capital Region, with officials of the Department of
Defense and the Federal Aviation Administration in attendance.
The working group shall recommend procedural changes to
mitigate the impact of helicopter noise on the community only
to the extent consistent with aviation safety and airspace
efficiency and while sustaining aircrew readiness, training,
and mission support.
(b) Definition of National Capital Region.--In this section, the
term ``National Capital Region'' has the meaning given the term in
section 2574 of title 10, United States Code.
SEC. 1766. DEPARTMENT OF DEFENSE SUPPORT FOR CERTAIN SPORTING EVENTS.
Section 2564 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``the Paralympics,''
after ``the Olympics,''; and
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Inapplicability to'' and inserting ``Support of'';
(B) by striking ``Subsections (a) and (b) do not
apply to'' and inserting ``The Secretary of Defense may
authorize technical, contracting, and specialized
equipment support to'';
(C) in paragraph (4), by inserting ``and
Paralympic'' after ``Olympic''; and
(D) in paragraph (5)(A)(iii), by inserting ``and
Paralympic'' after ``Olympic''.
SEC. 1767. PILOT PROGRAM FOR ONLINE REAL ESTATE INVENTORY TOOL.
(a) In General.--The Secretary of the Army in consultation with
Administrator of the General Services Administration and Assistant
Secretary of Defense for Sustainment shall establish a pilot program
for developing an online real estate tool of existing inventory of
space available at Army installations.
(b) Purpose.--The purpose of the online inventory tool is to--
(1) achieve efficiencies in real estate property management
consistent with the National Defense Strategy goal of finding
greater efficiencies within the Department of Defense
operations;
(2) provide a public tool to better market space available
at Army installations for better utilization of existing space;
and
(3) provide a tool to better quantify existing space and
how it is utilize for current missions and requirements.
(c) Considerations.--The Secretary of the Army shall consider--
(1) innovative approaches to establishing this pilot
program including use of other transaction authorities
consistent with section 2371 of title 10, United States Code,
as well as use of commercial off-the-shelf technologies;
(2) developing appropriate protections of sensitive or
classified information from being included with the online
inventory tool; and
(3) developing appropriate levels of access for private
sector users of the system.
(d) Establishment of Policy.--After the pilot program has been
established and locations identified, the Secretary of the Army shall
develop policy requiring the use of the system described in subsection
(a) to query for existing inventory before any military construction or
off-post leases are agreed to. The Secretary of the Army shall ensure
that all relevant notifications to congressional defense committees
include certification that the system in subsection (a) was queried.
(e) Rule of Construction.--Nothing in this section shall be
construed to effect the application of title V of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11411 et seq.).
SEC. 1768. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United States
Code, is amended by adding at the end the following:
``(4) The Southern New England Regional Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of such title
is amended by adding at the end the following:
``Sec. 15734. Southern New England Regional Commission
``The region of the Southern New England Regional Commission shall
include the following counties:
``(1) Rhode island.--The counties of Providence,
Washington, Newport, and Bristol in the State of Rhode Island.
``(2) Connecticut.--The counties of Hartford, New Haven,
and New London in the State of Connecticut.
``(3) Massachusetts.--The counties of Hampden and Bristol
in the State of Massachusetts.''.
(2) Technical and conforming amendment.--The analysis for
Subchapter II of chapter 157 of such title is amended by adding
at the end the following:
``15734. Southern New England Regional Commission.''.
(c) Authorization of Appropriations.--The authorization of
appropriations in section 15751 of title 40, United States Code, shall
apply with respect to the Southern New England Regional Commission
beginning with fiscal year 2021.
SEC. 1769. FEDRAMP AUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``Federal Risk
and Authorization Management Program Authorization Act of 2020'' or the
``FedRAMP Authorization Act''.
(b) Codification of the FedRAMP Program.--
(1) Amendment.--Chapter 36 of title 44, United States Code,
is amended by adding at the end the following new sections:
``Sec. 3607. Federal Risk and Authorization Management Program
``(a) Establishment.--There is established within the General
Services Administration the Federal Risk and Authorization Management
Program. The Administrator of General Services, in accordance with the
guidelines established pursuant to section 3612, shall establish a
governmentwide program that provides the authoritative standardized
approach to security assessment and authorization for cloud computing
products and services that process unclassified information used by
agencies.
``(b) Components of Fedramp.--The Joint Authorization Board and the
FedRAMP Program Management Office are established as components of
FedRAMP.
``Sec. 3608. FedRAMP Program Management Office
``(a) GSA Duties.--
``(1) Roles and responsibilities.--The Administrator of
General Services shall--
``(A) determine the categories and characteristics
of cloud computing information technology goods or
services that are within the jurisdiction of FedRAMP
and that require FedRAMP authorization from the Joint
Authorization Board or the FedRAMP Program Management
Office;
``(B) develop, coordinate, and implement a process
for the FedRAMP Program Management Office, the Joint
Authorization Board, and agencies to review security
assessments of cloud computing services pursuant to
subsections (b) and (c) of section 3611, and
appropriate oversight of continuous monitoring of cloud
computing services; and
``(C) ensure the continuous improvement of FedRAMP.
``(2) Implementation.--The Administrator shall oversee the
implementation of FedRAMP, including--
``(A) appointing a Program Director to oversee the
FedRAMP Program Management Office;
``(B) hiring professional staff as may be necessary
for the effective operation of the FedRAMP Program
Management Office, and such other activities as are
essential to properly perform critical functions;
``(C) entering into interagency agreements to
detail personnel on a reimbursable or non-reimbursable
basis to assist the FedRAMP Program Management Office
and the Joint Authorization Board in discharging the
responsibilities of the Office under this section; and
``(D) such other actions as the Administrator may
determine necessary to carry out this section.
``(b) Duties.--The FedRAMP Program Management Office shall have the
following duties:
``(1) Provide guidance to independent assessment
organizations, validate the independent assessments, and apply
the requirements and guidelines adopted in section 3609(c)(5).
``(2) Oversee and issue guidelines regarding the
qualifications, roles, and responsibilities of independent
assessment organizations.
``(3) Develop templates and other materials to support the
Joint Authorization Board and agencies in the authorization of
cloud computing services to increase the speed, effectiveness,
and transparency of the authorization process, consistent with
standards defined by the National Institute of Standards and
Technology.
``(4) Establish and maintain a public comment process for
proposed guidance before the issuance of such guidance by
FedRAMP.
``(5) Issue FedRAMP authorization for any authorizations to
operate issued by an agency that meets the requirements and
guidelines described in paragraph (1).
``(6) Establish frameworks for agencies to use
authorization packages processed by the FedRAMP Program
Management Office and Joint Authorization Board.
``(7) Coordinate with the Secretary of Defense and the
Secretary of Homeland Security to establish a framework for
continuous monitoring and reporting required of agencies
pursuant to section 3553.
``(8) Establish a centralized and secure repository to
collect and share necessary data, including security
authorization packages, from the Joint Authorization Board and
agencies to enable better sharing and reuse to such packages
across agencies.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The FedRAMP Program Management Office
shall assess and evaluate available automation capabilities and
procedures to improve the efficiency and effectiveness of the
issuance of provisional authorizations to operate issued by the
Joint Authorization Board and FedRAMP authorizations, including
continuous monitoring of cloud environments and among cloud
environments.
``(2) Means for automation.--Not later than 1 year after
the date of the enactment of this section and updated annually
thereafter, the FedRAMP Program Management Office shall
establish a means for the automation of security assessments
and reviews.
``(d) Metrics for Authorization.--The FedRAMP Program Management
Office shall establish annual metrics regarding the time and quality of
the assessments necessary for completion of a FedRAMP authorization
process in a manner that can be consistently tracked over time in
conjunction with the periodic testing and evaluation process pursuant
to section 3554 in a manner that minimizes the agency reporting burden.
``Sec. 3609. Joint Authorization Board
``(a) Establishment.--There is established the Joint Authorization
Board which shall consist of cloud computing experts, appointed by the
Director in consultation with the Administrator, from each of the
following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the Director, in
consultation with the Administrator.
``(b) Issuance of Provisional Authorizations To Operate.--The Joint
Authorization Board shall conduct security assessments of cloud
computing services and issue provisional authorizations to operate to
cloud service providers that meet FedRAMP security guidelines set forth
in section 3608(b)(1).
``(c) Duties.--The Joint Authorization Board shall--
``(1) develop and make publicly available on a website,
determined by the Administrator, criteria for prioritizing and
selecting cloud computing services to be assessed by the Joint
Authorization Board;
``(2) provide regular updates on the status of any cloud
computing service during the assessment and authorization
process of the Joint Authorization Board;
``(3) review and validate cloud computing services and
independent assessment organization security packages or any
documentation determined to be necessary by the Joint
Authorization Board to evaluate the system security of a cloud
computing service;
``(4) in consultation with the FedRAMP Program Management
Office, serve as a resource for best practices to accelerate
the FedRAMP process;
``(5) establish requirements and guidelines for security
assessments of cloud computing services, consistent with
standards defined by the National Institute of Standards and
Technology, to be used by the Joint Authorization Board and
agencies;
``(6) perform such other roles and responsibilities as the
Administrator may assign, in consultation with the FedRAMP
Program Management Office and members of the Joint
Authorization Board; and
``(7) establish metrics and goals for reviews and
activities associated with issuing provisional authorizations
to operate and provide to the FedRAMP Program Management
Office.
``(d) Determinations of Demand for Cloud Computing Services.--The
Joint Authorization Board shall consult with the Chief Information
Officers Council established in section 3603 to establish a process for
prioritizing and accepting the cloud computing services to be granted a
provisional authorization to operate through the Joint Authorization
Board, which shall be made available on a public website.
``(e) Detail of Personnel.--To assist the Joint Authorization Board
in discharging the responsibilities under this section, personnel of
agencies may be detailed to the Joint Authorization Board for the
performance of duties described under subsection (c).
``Sec. 3610. Independent assessment organizations
``(a) Requirements for Accreditation.--The Joint Authorization
Board shall determine the requirements for certification of independent
assessment organizations pursuant to section 3609. Such requirements
may include developing or requiring certification programs for
individuals employed by the independent assessment organizations who
lead FedRAMP assessment teams.
``(b) Assessment.--Accredited independent assessment organizations
may assess, validate, and attest to the quality and compliance of
security assessment materials provided by cloud service providers.
``Sec. 3611. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of FedRAMP, the
head of each agency shall, consistent with guidance issued by the
Director pursuant to section 3612--
``(1) create policies to ensure cloud computing services
used by the agency meet FedRAMP security requirements and other
risk-based performance requirements as defined by the Director;
``(2) issue agency-specific authorizations to operate for
cloud computing services in compliance with section 3554;
``(3) confirm whether there is a provisional authorization
to operate in the cloud security repository established under
section 3608(b)(10) issued by the Joint Authorization Board or
a FedRAMP authorization issued by the FedRAMP Program
Management Office before beginning an agency authorization for
a cloud computing product or service;
``(4) to the extent practicable, for any cloud computing
product or service the agency seeks to authorize that has
received either a provisional authorization to operate by the
Joint Authorization Board or a FedRAMP authorization by the
FedRAMP Program Management Office, use the existing assessments
of security controls and materials within the authorization
package; and
``(5) provide data and information required to the Director
pursuant to section 3612 to determine how agencies are meeting
metrics as defined by the FedRAMP Program Management Office.
``(b) Submission of Policies Required.--Not later than 6 months
after the date of the enactment of this section, the head of each
agency shall submit to the Director the policies created pursuant to
subsection (a)(1) for review and approval.
``(c) Submission of Authorizations To Operate Required.--Upon
issuance of an authorization to operate or a provisional authorization
to operate issued by an agency, the head of each agency shall provide a
copy of the authorization to operate letter and any supplementary
information required pursuant to section 3608(b) to the FedRAMP Program
Management Office.
``(d) Presumption of Adequacy.--
``(1) In general.--The assessment of security controls and
materials within the authorization package for provisional
authorizations to operate issued by the Joint Authorization
Board and agency authorizations to operate that receive FedRAMP
authorization from the FedRAMP Program Management Office shall
be presumed adequate for use in agency authorizations of cloud
computing products and services.
``(2) Information security requirements.--The presumption
under paragraph (1) does not modify or alter the responsibility
of any agency to ensure compliance with subchapter II of
chapter 35 for any cloud computing products or services used by
the agency.
``Sec. 3612. Roles and responsibilities of the Office of Management and
Budget
``The Director shall have the following duties:
``(1) Issue guidance to ensure that an agency does not
operate a Federal Government cloud computing service using
Government data without an authorization to operate issued by
the agency that meets the requirements of subchapter II of
chapter 35 and FedRAMP.
``(2) Ensure agencies are in compliance with any guidance
or other requirements issued related to FedRAMP.
``(3) Review, analyze, and update guidance on the adoption,
security, and use of cloud computing services used by agencies.
``(4) Ensure the Joint Authorization Board is in compliance
with section 3609(c).
``(5) Adjudicate disagreements between the Joint
Authorization Board and cloud service providers seeking a
provisional authorization to operate through the Joint
Authorization Board.
``(6) Promulgate regulations on the role of FedRAMP
authorization in agency acquisition of cloud computing products
and services that process unclassified information.
``Sec. 3613. Authorization of appropriations for FEDRAMP
``There is authorized to be appropriated $20,000,000 each year for
the FedRAMP Program Management Office and the Joint Authorization
Board.
``Sec. 3614. Reports to Congress
``Not later than 12 months after the date of the enactment of this
section, and annually thereafter, the Director shall submit to the
Committee on Oversight and Reform of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report that includes the following:
``(1) The status, efficiency, and effectiveness of FedRAMP
Program Management Office and agencies during the preceding
year in supporting the speed, effectiveness, sharing, reuse,
and security of authorizations to operate for cloud computing
products and services, including progress towards meeting the
metrics adopted by the FedRAMP Program Management Office
pursuant to section 3608(d) and the Joint Authorization Board
pursuant to section 3609(c)(5).
``(2) Data on agency use of provisional authorizations to
operate issued by the Joint Authorization Board and agency
sponsored authorizations that receive FedRAMP authorization by
the FedRAMP Program Management Office.
``(3) The length of time for the Joint Authorization Board
to review applications for and issue provisional authorizations
to operate.
``(4) The length of time for the FedRAMP Program Management
Office to review agency applications for and issue FedRAMP
authorization.
``(5) The number of provisional authorizations to operate
issued by the Joint Authorization Board and FedRAMP
authorizations issued by the FedRAMP Program Management Office
for the previous year.
``(6) A review of progress made during the preceding year
in advancing automation techniques to securely automate FedRAMP
processes and to accelerate reporting as described in this
section.
``(7) The number and characteristics of authorized cloud
computing services in use at each agency consistent with
guidance provided by the Director in section 3612.
``Sec. 3615. Federal Secure Cloud Advisory Committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal Secure
Cloud Advisory Committee (referred to in this section as the
`Committee') to ensure effective and ongoing coordination of
agency adoption, use, authorization, monitoring, acquisition,
and security of cloud computing products and services to enable
agency mission and administrative priorities.
``(2) Purposes.--The purposes of the Committee are the
following:
``(A) To examine the operations of FedRAMP and
determine ways that authorization processes can
continuously be improved, including the following:
``(i) Measures to increase agency re-use of
provisional authorizations to operate issued by
the Joint Authorization Board.
``(ii) Proposed actions that can be adopted
to reduce the cost of provisional
authorizations to operate and FedRAMP
authorizations for cloud service providers.
``(iii) Measures to increase the number of
provisional authorizations to operate or
FedRAMP authorizations for cloud computing
services offered by small businesses (as
defined by section 3(a) of the Small Business
Act (15 U.S.C. 632(a)).
``(B) Collect information and feedback on agency
compliance with and implementation of FedRAMP
requirements.
``(C) Serve as a forum that facilitates
communication and collaboration among the FedRAMP
stakeholder community.
``(3) Duties.--The duties of the Committee are, at a
minimum, the following:
``(A) Provide advice and recommendations to the
Administrator, the Joint Authorization Board, and to
agencies on technical, financial, programmatic, and
operational matters regarding secure adoption of cloud
computing services.
``(B) Submit reports as required.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised of not
more than 15 members who are qualified representatives from the
public and private sectors, appointed by the Administrator, in
consultation with the Administrator of the Office of Electronic
Government, as follows:
``(A) The Administrator or the Administrator's
designee, who shall be the Chair of the Committee.
``(B) At least one representative each from the
Cybersecurity and Infrastructure Security Agency and
the National Institute of Standards and Technology.
``(C) At least two officials who serve as the Chief
Information Security Officer within an agency, who
shall be required to maintain such a position
throughout the duration of their service on the
Committee.
``(D) At least one official serving as Chief
Procurement Officer (or equivalent) in an agency, who
shall be required to maintain such a position
throughout the duration of their service on the
Committee.
``(E) At least one individual representing an
independent assessment organization.
``(F) No fewer than five representatives from
unique businesses that primarily provide cloud
computing services or products, including at least two
representatives from a small business (as defined by
section 3(a) of the Small Business Act (15 U.S.C.
632(a))).
``(G) At least two other government representatives
as the Administrator determines to be necessary to
provide sufficient balance, insights, or expertise to
the Committee.
``(2) Deadline for appointment.--Each member of the
Committee shall be appointed not later than 30 days after the
date of the enactment of this Act.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of the
Committee shall be appointed for a term of 3 years,
except that the initial terms for members may be
staggered 1-, 2-, or 3-year terms to establish a
rotation in which one-third of the members are selected
each year. Any such member may be appointed for not
more than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the Committee
shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after
the expiration of that member's term until a successor
has taken office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer than
three meetings in a calendar year, at such time and place as
determined by the Chair.
``(2) Initial meeting.--Not later than 120 days after the
date of the enactment of this section, the Committee shall meet
and begin the operations of the Committee.
``(3) Rules of procedure.--The Committee may establish
rules for the conduct of the business of the Committee, if such
rules are not inconsistent with this section or other
applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other than a
member who is appointed to the Committee in connection with
another Federal appointment) shall not be considered an
employee of the Federal Government by reason of any service as
such a member, except for the purposes of section 5703 of title
5, relating to travel expenses.
``(2) Pay not permitted.--A member of the Committee covered
by paragraph (1) may not receive pay by reason of service on
the panel.
``(e) Applicability to the Federal Advisory Committee Act.--
Notwithstanding any other provision of law, the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the Committee, except that
section 14 of such Act shall not apply.
``(f) Hearings and Evidence.--The Committee, or on the authority of
the Committee, any subcommittee, may, for the purposes of carrying out
this section, hold hearings, sit and act at such times and places, take
testimony, receive evidence, and administer oaths.
``(g) Contracting.--The Committee, may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Committee to discharge its duties under this section.
``(h) Information From Federal Agencies.--
``(1) In general.--The Committee is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of the Committee.
Each department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Committee, upon request made by the Chair, the Chair of any
subcommittee created by a majority of the Committee, or any
member designated by a majority of the Committee.
``(2) Receipt, handling, storage, and dissemination.--
Information may only be received, handled, stored, and
disseminated by members of the Committee and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
``(i) Detail of Employees.--Any Federal Government employee may be
detailed to the Committee without reimbursement from the Committee, and
such detailee shall retain the rights, status, and privileges of his or
her regular employment without interruption.
``(j) Postal Services.--The Committee may use the United States
mails in the same manner and under the same conditions as agencies.
``(k) Expert and Consultant Services.--The Committee is authorized
to procure the services of experts and consultants in accordance with
section 3109 of title 5, but at rates not to exceed the daily rate paid
a person occupying a position at Level IV of the Executive Schedule
under section 5315 of title 5.
``(l) Reports.--
``(1) Interim reports.--The Committee may submit to the
Administrator and Congress interim reports containing such
findings, conclusions, and recommendations as have been agreed
to by the Committee.
``(2) Annual reports.--Not later than 18 months after the
date of the enactment of this section, and annually thereafter,
the Committee shall submit to the Administrator and Congress a
final report containing such findings, conclusions, and
recommendations as have been agreed to by the Committee.
``Sec. 3616. Definitions
``(a) In General.--Except as provided under subsection (b), the
definitions under sections 3502 and 3552 apply to sections 3607 through
this section.
``(b) Additional Definitions.--In sections 3607 through this
section:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Authorization package.--The term `authorization
package'--
``(A) means the essential information used to
determine whether to authorize the operation of an
information system or the use of a designated set of
common controls; and
``(B) at a minimum, includes the information system
security plan, privacy plan, security control
assessment, privacy control assessment, and any
relevant plans of action and milestones.
``(3) Cloud computing.--The term `cloud computing' has the
meaning given that term by the National Institutes of Standards
and Technology in NIST Special Publication 800-145 and any
amendatory or superseding document thereto.
``(4) Cloud service provider.--The term `cloud service
provider' means an entity offering cloud computing services to
agencies.
``(5) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(6) Fedramp.--The term `FedRAMP' means the Federal Risk
and Authorization Management Program established under section
3607(a).
``(7) Fedramp authorization.--The term `FedRAMP
authorization' means a cloud computing product or service that
has received an agency authorization to operate and has been
approved by the FedRAMP Program Management Office to meet
requirements and guidelines established by the FedRAMP Program
Management Office.
``(8) Fedramp program management office.--The term `FedRAMP
Program Management Office' means the office that administers
FedRAMP established under section 3608.
``(9) Independent assessment organization.--The term
`independent assessment organization' means a third-party
organization accredited by the Program Director of the FedRAMP
Program Management Office to undertake conformity assessments
of cloud service providers.
``(10) Joint authorization board.--The term `Joint
Authorization Board' means the Joint Authorization Board
established under section 3609.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 36 of title 44, United States Code, is
amended by adding at the end the following new items:
``3607. Federal Risk and Authorization Management Program.
``3608. FedRAMP Program Management Office.
``3609. Joint Authorization Board.
``3610. Independent assessment organizations.
``3611. Roles and responsibilities of agencies.
``3612. Roles and responsibilities of the Office of Management and
Budget.
``3613. Authorization of appropriations for FEDRAMP.
``3614. Reports to Congress.
``3615. Federal Secure Cloud Advisory Committee.
``3616. Definitions.''.
(3) Sunset.--This section and any amendment made by this
section shall be repealed on the date that is 10 years after
the date of the enactment of this section.
(4) Rule of construction.--Nothing in this section or any
amendment made by this section shall be construed as altering
or impairing the authorities of the Director of the Office of
Management and Budget or the Secretary of Homeland Security
under subchapter II of chapter 35 of title 44, United States
Code.
SEC. 1770. TAXPAYERS RIGHT-TO-KNOW ACT.
(a) Short Title.--This section may be cited as the ``Taxpayers
Right-To-Know Act''.
(b) Inventory of Government Programs.--Section 1122(a) of title 31,
United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Definitions.--For purposes of this subsection--
``(A) the term `Federal financial assistance' has
the meaning given that term under section 7501;
``(B) the term `open Government data asset' has the
meaning given that term under section 3502 of title 44;
``(C) the term `program' means a single program
activity or an organized set of aggregated,
disaggregated, or consolidated program activities by
one or more agencies directed toward a common purpose
or goal; and
``(D) the term `program activity' has the meaning
given that term in section 1115(h).'';
(3) in paragraph (2), as so redesignated--
(A) by striking ``In general.--Not later than
October 1, 2012, the Office of Management and Budget
shall'' and inserting ``Website and program
inventory.--The Director of the Office of Management
and Budget shall'';
(B) in subparagraph (A), by inserting ``that
includes the information required under subsections (b)
and (c)'' after ``a single website''; and
(C) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) include on the website described in
subparagraph (A), or another appropriate Federal
Government website where related information is made
available, as determined by the Director--
``(i) a program inventory that shall
identify each program; and
``(ii) for each program identified in the
program inventory, the information required
under paragraph (3);
``(C) make the information in the program inventory
required under subparagraph (B) available as an open
Government data asset; and
``(D) at a minimum--
``(i) update the information required to be
included on the single website under
subparagraph (A) on a quarterly basis; and
``(ii) update the program inventory
required under subparagraph (B) on an annual
basis.'';
(4) in paragraph (3), as so redesignated--
(A) in the matter preceding subparagraph (A), by
striking ``described under paragraph (1) shall
include'' and inserting ``identified in the program
inventory required under paragraph (2)(B) shall
include'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by striking the period at
the end and inserting ``and,''; and
(D) by adding at the end the following:
``(D) for each program activity that is part of a
program--
``(i) a description of the purposes of the
program activity and the contribution of the
program activity to the mission and goals of
the agency;
``(ii) a consolidated view for the current
fiscal year and each of the 2 fiscal years
before the current fiscal year of--
``(I) the amount appropriated;
``(II) the amount obligated; and
``(III) the amount outlayed;
``(iii) to the extent practicable and
permitted by law, links to any related
evaluation, assessment, or program performance
review by the agency, an inspector general, or
the Government Accountability Office (including
program performance reports required under
section 1116), and other related evidence
assembled in response to implementation of the
Foundations for Evidence-Based Policymaking Act
of 2018 (Public Law 115-435; 132 Stat. 5529);
``(iv) an identification of the statutes
that authorize the program activity or the
authority under which the program activity was
created or operates;
``(v) an identification of any major
regulations specific to the program activity;
``(vi) any other information that the
Director of the Office of Management and Budget
determines relevant relating to program
activity data in priority areas most relevant
to Congress or the public to increase
transparency and accountability; and
``(vii) for each assistance listing under
which Federal financial assistance is provided,
for the current fiscal year and each of the 2
fiscal years before the current fiscal year and
consistent with existing law relating to the
protection of personally identifiable
information--
``(I) a linkage to the relevant
program activities that fund Federal
financial assistance by assistance
listing;
``(II) information on the
population intended to be served by the
assistance listing based on the
language of the solicitation, as
required under section 6102;
``(III) to the extent practicable
and based on data reported to the
agency providing the Federal financial
assistance, the results of the Federal
financial assistance awards provided by
the assistance listing;
``(IV) to the extent practicable,
the percentage of the amount
appropriated for the assistance listing
that is used for management and
administration;
``(V) the identification of each
award of Federal financial assistance
and, to the extent practicable, the
name of each direct or indirect
recipient of the award; and
``(VI) any information relating to
the award of Federal financial
assistance that is required to be
included on the website established
under section 2(b) of the Federal
Funding Accountability and Transparency
Act of 2006 (31 U.S.C. 6101 note).'';
and
(5) by adding at the end the following:
``(4) Archiving.--The Director of the Office of Management
and Budget shall--
``(A) archive and preserve the information included
in the program inventory required under paragraph
(2)(B) after the end of the period during which such
information is made available under paragraph (3); and
``(B) make information archived in accordance with
subparagraph (A) publicly available as an open
Government data asset.''.
(c) Guidance, Implementation, Reporting, and Review.--
(1) Definitions.--In this subsection--
(A) the term ``appropriate congressional
committees'' means the Committee on Oversight and
Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate;
(B) the term ``Director'' means the Director of the
Office of Management and Budget;
(C) the term ``program'' has the meaning given that
term in section 1122(a)(1) of title 31, United States
Code, as amended by subsection (b) of this section;
(D) the term ``program activity'' has the meaning
given that term in section 1115(h) of title 31, United
States Code; and
(E) the term ``Secretary'' means the Secretary of
the Treasury.
(2) Plan for implementation and reconciling program
definitions.--Not later than 180 days after the date of
enactment of this Act, the Director, in consultation with the
Secretary, shall submit to the appropriate congressional
committees a report that--
(A) includes a plan that--
(i) discusses how making available on a
website the information required under
subsection (a) of section 1122 of title 31,
United States Code, as amended by subsection
(b), will leverage existing data sources while
avoiding duplicative or overlapping information
in presenting information relating to program
activities and programs;
(ii) indicates how any gaps in data will be
assessed and addressed;
(iii) indicates how the Director will
display such data; and
(iv) discusses how the Director will expand
the information collected with respect to
program activities to incorporate the
information required under the amendments made
by subsection (b);
(B) sets forth details regarding a pilot program,
developed in accordance with best practices for
effective pilot programs--
(i) to develop and implement a functional
program inventory that could be limited in
scope; and
(ii) under which the information required
under the amendments made by subsection (b)
with respect to program activities shall be
made available on the website required under
section 1122(a) of title 31, United States
Code;
(C) establishes an implementation timeline for--
(i) gathering and building program activity
information;
(ii) developing and implementing the pilot
program;
(iii) seeking and responding to stakeholder
comments;
(iv) developing and presenting findings
from the pilot program to the appropriate
congressional committees;
(v) notifying the appropriate congressional
committees regarding how program activities
will be aggregated, disaggregated, or
consolidated as part of identifying programs;
and
(vi) implementing a Governmentwide program
inventory through an iterative approach; and
(D) includes recommendations, if any, to reconcile
the conflicting definitions of the term ``program'' in
relevant Federal statutes, as it relates to the purpose
of this section.
(3) Implementation.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, the Director shall make
available online all information required under the
amendments made by subsection (b) with respect to all
programs.
(B) Extensions.--The Director may, based on an
analysis of the costs of implementation, and after
submitting to the appropriate congressional committees
a notification of the action by the Director, extend
the deadline for implementation under subparagraph (A)
by not more than a total of 1 year.
(4) Reporting.--Not later than 2 years after the date on
which the Director makes available online all information
required under the amendments made by subsection (b) with
respect to all programs, the Comptroller General of the United
States shall submit to the appropriate congressional committees
a report regarding the implementation of this section and the
amendments made by this section, which shall--
(A) review how the Director and agencies determined
how to aggregate, disaggregate, or consolidate program
activities to provide the most useful information for
an inventory of Government programs;
(B) evaluate the extent to which the program
inventory required under section 1122 of title 31,
United States Code, as amended by this section,
provides useful information for transparency, decision-
making, and oversight;
(C) evaluate the extent to which the program
inventory provides a coherent picture of the scope of
Federal investments in particular areas; and
(D) include the recommendations of the Comptroller
General, if any, for improving implementation of this
section and the amendments made by this section.
(d) Technical and Conforming Amendments.--
(1) In general.--Section 1122 of title 31, United States
Code, is amended--
(A) in subsection (b), in the matter preceding
paragraph (1), by inserting ``described in subsection
(a)(2)(A)'' after ``the website'' each place it
appears;
(B) in subsection (c), in the matter preceding
paragraph (1), by inserting ``described in subsection
(a)(2)(A)'' after ``the website''; and
(C) in subsection (d)--
(i) in the subsection heading, by striking
``on Website''; and
(ii) in the first sentence, by striking
``on the website''.
(2) Other amendments.--
(A) Section 1115(a) of title 31, United States
Code, is amended in the matter preceding paragraph (1)
by striking ``the website provided under'' and
inserting ``a website described in''.
(B) Section 10 of the GPRA Modernization Act of
2010 (31 U.S.C. 1115 note) is amended--
(i) in subsection (a)(3), by striking ``the
website described under'' and inserting ``a
website described in''; and
(ii) in subsection (b)--
(I) in paragraph (1), by striking
``the website described under'' and
inserting ``a website described in'';
and
(II) in paragraph (3), by striking
``the website as required under'' and
inserting ``a website described in''.
(C) Section 1120(a)(5) of title 31, United States
Code, is amended by striking ``the website described
under'' and inserting ``a website described in''.
(D) Section 1126(b)(2)(E) of title 31, United
States Code, is amended by striking ``the website of
the Office of Management and Budget pursuant to'' and
inserting ``a website described in''.
(E) Section 3512(a)(1) of title 31, United States
Code, is amended by striking ``the website described
under'' and inserting ``a website described in''.
SEC. 1771. BUILDING UNITED STATES CAPACITY FOR VERIFICATION AND
MANUFACTURING OF ADVANCED MICROELECTRONICS.
(a) In General.--The Secretary of Commerce, acting through the
Director of the National Institute of Standards and Technology, shall
carry out research and development to enable advances and breakthroughs
in measurement science, standards, material characterization,
instrumentation, testing, and manufacturing capabilities that will
accelerate the underlying research and development for design,
development, and manufacturability of next generation microelectronics
and ensure the competitiveness and leadership of the United States
within the microlectronics sector.
(b) Elements.--The activities under subsection (a) shall include
research and development in the following areas:
(1) Advanced metrology and characterization for
manufacturing of microchips using 3 nanometer transistor
processes or more advanced processes.
(2) Metrology for security and supply chain verification,
including pre-silicon security verification of the design for
logical and physical vulnerabilities beyond current functional
analysis.
SEC. 1772. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS RELEASE
INVENTORY.
Section 7321 of the PFAS Act of 2019 (Public Law 116-92) is
amended--
(1) in subsection (b), by adding at the end the following:
``(3) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to a chemical described in paragraph (1) unless the
Administrator, in accordance with paragraph (2)(B), revises the
threshold for reporting such chemical to 10,000 pounds.'';
(2) in subsection (c), by adding at the end the following:
``(3) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to the substances and classes of substances included in
the toxics release inventory under paragraph (1) unless the
Administrator, in accordance with paragraph (2)(B), revises the
threshold for reporting such substances and class of substances
to 10,000 pounds.''; and
(3) in subsection (d), by adding at the end the following:
``(4) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to the substances and classes of substances described in
paragraph (2) unless the Administrator sets a 10,000 pound
reporting threshold for such substances and classes of
substances.''.
SEC. 1773. HEMP PRODUCTS.
The Secretary of Defense may not prohibit, on the basis of a
product containing hemp or any ingredient derived from hemp, the
possession, use, or consumption of such product by a member of the
Armed Forces if--
(1) the hemp meets the definition in section 297A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o); and
(2) such possession, use, or consumption is in compliance
with applicable Federal, State, and local law.
SEC. 1774. EXEMPTION FROM PAPERWORK REDUCTION ACT.
(a) Uniformed Services University of the Health Sciences.--Chapter
104 of title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 2117. Exemption from Paperwork Reduction Act
``Subchapter I of chapter 35 of title 44 shall not apply to the
voluntary collection of information during the conduct of research by
the University.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2116 the following new item:
``2117. Exemption from Paperwork Reduction Act.''.
SEC. 1775. SUPPORT FOR THE DESIGNATION OF NATIONAL BORINQUENEERS DAY.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) in 1898, Puerto Rico became a territory of the United
States and, the following year, Congress authorized raising a
military unit of volunteer soldiers on the island, which was
organized as the ``Puerto Rico Regiment of Volunteer
Infantry'';
(2) in 1908, Congress incorporated the regiment as part of
the regular United States Army as the ``Puerto Rico Regiment of
Infantry'';
(3) in 1917, after the United States entry into World War
I, the Puerto Rico Regiment of Infantry was sent to Panama to
defend the Panama Canal Zone;
(4) in 1920, Congress redesignated the unit as the 65th
Infantry Regiment of the United States Army;
(5) during World War II, the 65th Infantry Regiment served
in North Africa and Europe, including combat operations in
France and Germany for which members of the unit received
commendations for valiant service, including 1 Distinguished
Service Cross, 2 Silver Stars, 2 Bronze Stars, and 90 Purple
Hearts;
(6) in 1950, the 65th Infantry Regiment deployed to South
Korea, and during the voyage the soldiers nicknamed the unit
the ``Borinqueneers'', a reference to the native Taino Tribe's
name for the island of Puerto Rico;
(7) during the Korean war, the 65th Infantry Regiment
(hereinafter, the ``Borinqueneers'') engaged in substantial
combat operations on the Korean Peninsula, and the unit played
a central role in several important offensives and counter-
offensives that earned it well-deserved admiration and
commendation;
(8) the Borinqueneers' extraordinary service during the
Korean war resulted in the Regiment receiving 2 Presidential
Unit Citations (Army and Navy), 2 Republic of Korea
Presidential Unit Citations, a Meritorious Unit Commendation
(Army), a Navy Unit Commendation, the Chryssoun Aristion
Andrias (Bravery Gold Medal of Greece), and campaign
participation credits for United Nations Offensive, Chinese
Communist Forces (CCF) Intervention, First United Nations
Counteroffensive, CCF Spring Offensive, United Nations Summer-
Fall Offensive, Second Korean Winter, Korea Summer-Fall 1952,
Third Korean Winter, and Korea Summer 1953;
(9) the Borinqueneers' extraordinary service during the
Korean war also resulted in numerous individual commendations
and awards for its soldiers, including 1 Medal of Honor, 9
Distinguished Service Crosses, more than 250 Silver Stars, more
than 600 Bronze Stars, and more than 2,700 Purple Hearts;
(10) in 1956, the 65th Infantry Regiment was deactivated
from the regular United States Army and, in 1959, its units and
regimental number were assigned to the Puerto Rico National
Guard;
(11) in 1982, the United States Army Center of Military
History officially authorized designating the 65th Infantry
Regiment as the ``Borinqueneers''; and
(12) on April 13, 2016, Congress awarded the Congressional
Gold Medal to the 65th Infantry Regiment in recognition of the
Borinqueneers' numerous contributions to American history and
outstanding military service from World War I through the
recent conflicts in Afghanistan and Iraq.
(b) Resolution.--The House of Representatives--
(1) expresses support for the designation of ``National
Borinqueneers Day'';
(2) recognizes the bravery, service, and sacrifice of the
Puerto Rican soldiers of the 65th Infantry Regiment in the
armed conflicts of the United States in the 20th and 21st
centuries;
(3) expresses deep gratitude for the contributions to the
Armed Forces that have been made by hundreds of thousands of
patriotic United States citizens from Puerto Rico; and
(4) urges individuals and communities across the United
States to participate in activities that are designed--
(A) to celebrate the distinguished service of the
military veterans who served in the 65th Infantry
Regiment, known as the ``Borinqueneers'';
(B) to pay tribute to the sacrifices made and
adversities overcome by Puerto Rican and Hispanic
military service members; and
(C) to recognize the significant contributions to
American history made by the 65th Infantry Regiment,
known as the ``Borinqueneers''.
SEC. 1776. TEMPORARY RELIEF FOR PRIVATE STUDENT LOAN BORROWERS.
(a) In General.--A servicer of a private education loan extended to
a covered borrower shall suspend all payments on such loan through
September 30, 2021.
(b) No Accrual of Interest.--Interest shall not accrue on a loan
described under subsection (a) for which payment was suspended for the
period of the suspension.
(c) Consideration of Payments.--A servicer of a private education
loan extended to a covered borrower shall deem each month for which a
loan payment was suspended under this section as if the borrower of the
loan had made a payment for the purpose of any loan forgiveness program
or loan rehabilitation program for which the borrower would have
otherwise qualified.
(d) Reporting to Consumer Reporting Agencies.--During the period in
which a loan payment was suspended under this section, the servicer of
the loan shall ensure that, for the purpose of reporting information
about the loan to a consumer reporting agency, any payment that has
been suspended is treated as if it were a regularly scheduled payment
made by a borrower.
(e) Suspending Involuntary Collection.--During the period for which
a loan payment was suspended under this section, the servicer or holder
of the loan shall suspend all involuntary collection related to the
loan.
(f) Notice to Borrowers and Transition Period.--To inform covered
borrowers of the actions taken in accordance with this section and
ensure an effective transition, the servicer of a private education
loan extended to a covered borrower shall--
(1) not later than 15 days after the date of enactment of
this Act, notify covered borrowers--
(A) of the actions taken in accordance with
subsections (a) and (b) for whom payments have been
suspended and interest waived;
(B) of the actions taken in accordance with
subsection (e) for whom collections have been
suspended;
(C) of the option to continue making payments
toward principal; and
(D) that the program under this section is a
temporary program; and
(2) beginning on August 1, 2020, carry out a program to
provide not less than 6 notices by postal mail, telephone, or
electronic communication to covered borrowers indicating when
the borrower's normal payment obligations will resume.
(g) Definitions.--In this section:
(1) Covered borrower.--The term ``covered borrower'' means
a borrower of a private education loan.
(2) Private education loan.--The term ``private education
loan'' has the meaning given the term in section 140 of the
Truth in Lending Act (15 U.S.C. 1650).
SEC. 1777. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM.
Of the funds authorized to be appropriated by this Act for fiscal
year 2021 for the Department of Defense, the Secretary of Defense may
contribute $5,000,000 to support the National Maritime Heritage Grants
Program established under section 308703 of title 54, United States
Code.
SEC. 1778. EXTENSION OF TIME TO REVIEW WORLD WAR I VALOR MEDALS.
(a) In General.--Section 584(f) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1281) is amended by striking ``five'' and inserting ``seven''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if enacted on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1281).
SEC. 1779. ENSURING CHINESE DEBT TRANSPARENCY.
(a) United States Policy at the International Financial
Institutions.--The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) that it is the policy of the United States to use the
voice and vote of the United States at the respective institution to
seek to secure greater transparency with respect to the terms and
conditions of financing provided by the government of the People's
Republic of China to any member state of the respective institution
that is a recipient of financing from the institution, consistent with
the rules and principles of the Paris Club.
(b) Report Required.--The Chairman of the National Advisory Council
on International Monetary and Financial Policies shall include in the
annual report required by section 1701 of the International Financial
Institutions Act--
(1) a description of progress made toward advancing the
policy described in subsection (a) of this section; and
(2) a discussion of financing provided by entities owned or
controlled by the government of the People's Republic of China
to the member states of international financial institutions
that receive financing from the international financial
institutions, including any efforts or recommendations by the
Chairman to seek greater transparency with respect to the
former financing.
(c) Sunset.--Subsections (a) and (b) of this section shall have no
force or effect after the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) 30 days after the date that the Secretary reports to
the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the People's Republic of China is in substantial
compliance with the rules and principles of the Paris Club.
SEC. 1780. STRATEGY TO SECURE EMAIL.
(a) In General.--Not later than December 31, 2021, the Secretary of
Homeland Security shall develop and submit to Congress a strategy,
including recommendations, to implement across all United States-based
email providers Domain-based Message Authentication, Reporting, and
Conformance standard at scale.
(b) Elements.--The strategy required under subsection (a) shall
include the following:
(1) A recommendation for the minimum size threshold for
United States-based email providers for applicability of
Domain-based Message Authentication, Reporting, and
Conformance.
(2) A description of the security and privacy benefits of
implementing the Domain-based Message Authentication,
Reporting, and Conformance standard at scale, including
recommendations for national security exemptions, as
appropriate, as well as the burdens of such implementation and
an identification of the entities on which such burdens would
most likely fall.
(3) An identification of key United States and
international stakeholders associated with such implementation.
(4) An identification of any barriers to such implementing,
including a cost-benefit analysis where feasible.
(5) An initial estimate of the total cost to the Federal
Government and implementing entities in the private sector of
such implementing, including recommendations for defraying such
costs, if applicable.
(c) Consultation.--In developing the strategies and recommendations
under subsection (a), the Secretary of Homeland Security may, as
appropriate, consult with representatives from the information
technology sector.
(d) Definition.--In this section, the term ``Domain-based Message
Authentication, Reporting, and Conformance'' means an email
authentication, policy, and reporting protocol that verifies the
authenticity of the sender of an email and blocks and reports to the
sender fraudulent accounts.
SEC. 1781. REPORT ON THREAT POSED BY DOMESTIC TERRORISTS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation, the Under Secretary of Homeland Security for
Intelligence and Analysis, and the Director of National Intelligence
(acting through the National Counterterrorism Center) shall jointly
submit to the appropriate congressional committees a report that
includes an evaluation of the nature and extent of the domestic terror
threat and domestic terrorist groups.
(b) Elements.--The report under subsection (a) shall--
(1) describe the manner in which domestic terror activity
is tracked and reported;
(2) identify all known domestic terror groups, whether
formal in nature or loosely affiliated ideologies;
(3) include a breakdown of the ideology of each group; and
(4) describe the efforts of such groups, if any, to
infiltrate or target domestic constitutionally protected
activity by citizens for cooption or to carry out attacks, and
the number of individuals associated or affiliated with each
group that engages in such efforts.
SEC. 1782. DOMESTIC PROCUREMENT OF TUNGSTEN AND TUNGSTEN POWDER.
To the extent practicable, the Secretary of Defense shall
prioritize the procurement of tungsten and tungsten powder from only
domestic producers.
SEC. 1783. DEPARTMENT OF DEFENSE MECHANISM FOR PROVISION OF DISSENTING
VIEWS.
(a) In General.--The Secretary of Defense shall establish a
mechanism through which members of the Armed Forces and civilian
employees of the Department of Defense may privately provide dissenting
views regarding the Department of Defense and United States national
security policy without fear of retribution.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the congressional
defense committees a briefing on the status of the mechanism required
by subsection (a).
(c) Rule of Construction.--Nothing in this section shall be
construed to alleviate the duty of any individual to follow the
military chain of command or to follow the policies of the Department
of Defense and Federal Government.
SEC. 1784. SECTOR RISK MANAGEMENT AGENCIES.
(a) Definitions.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security and the Committee on Armed Services in the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs and Committee on Armed Services in the
Senate.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
2(4) of the Homeland Security Act of 2002.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Director.--The term ``Director'' means the Director of
the Cybersecurity and Infrastructure Security Agency of the
Department.
(5) Information sharing and analysis organization.--The
term ``information sharing and analysis organization'' has the
meaning given that term in section 2222(5) of the Homeland
Security Act of 2002.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) Sector risk management agency.--The term ``sector risk
management agency'' has the meaning given that term in section
2201(5) of the Homeland Security Act of 2002.
(b) Critical Infrastructure Sector Designation.--
(1) Initial review.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall review the
current framework for securing critical infrastructure, as
described in section 2202(c)(4) of the Homeland Security Act
and Presidential Policy Directive 21, and submit a report to
the President containing recommendations for--
(A) any revisions to the current framework for
securing critical infrastructure;
(B) any revisions to the list of critical
infrastructure sectors set forth in Presidential Policy
Directive 21 or previously designated subsectors; and
(C) any revisions to the list of designated Federal
departments or agencies that serve as the Sector Risk
Management Agency for a sector or subsector, necessary
to comply with paragraph (3)(B).
(2) Periodic evaluation by the secretary.--At least once
every 5 years, the Secretary, in consultation with the
Director, shall--
(A) evaluate the current list of critical
infrastructure sectors and subsectors and the
appropriateness of Sector Risk Management Agency
designations, as set forth in Presidential Policy
Directive 21, or any successor document or policy; and
(B) recommend to the President--
(i) any revisions to the list of critical
infrastructure sectors or subsectors; and
(ii) any revisions to the designation of
any Federal department or agency designated as
the Sector Risk Management Agency for a sector
or subsector.
(3) Review and revision by the president.--
(A) In general.--Not later than 180 days after a
recommendation by the Secretary pursuant to paragraph
(2), the President shall--
(i) review the recommendation and revise,
as appropriate, the designation of a critical
infrastructure sector or subsector or the
designation of a Sector Risk Management Agency;
or
(ii) submit a report to appropriate
congressional committees, and the Majority and
Minority Leaders of the Senate and the Speaker
and Minority Leader of the House of
Representatives, explaining the basis for
rejecting the recommendations of the Secretary.
(B) Limitation.--The President may only designate
an agency under this subsection if the agency is
referenced in section 205 of the Chief Financial
Officers Act of 1990 (42 U.S.C. 901).
(4) Publication.--Any designation of critical
infrastructure sectors shall be published in the Federal
Register.
(c) Sector Risk Management Agencies.--
(1) References.--Any reference to a sector-specific agency
in any law, regulation, map, document, record, or other paper
of the United States shall be deemed to be a reference to the
Sector Risk Management Agency of the relevant critical
infrastructure sector.
(2) Sector risk management agency.--Subtitle A of title
XXII of the Homeland Security Act of 2002 is amended by adding
at the end the following new section:
``SEC. 2215. SECTOR RISK MANAGEMENT AGENCIES.
``(a) In General.--Each Sector Risk Management Agency, as
designated by law or presidential directive, shall--
``(1) provide specialized sector-specific expertise to
critical infrastructure owners and operators within the
relevant sector; and
``(2) support programs and associated activities of its
designated critical infrastructure sector in coordination with
the Director.
``(b) Coordination.--In carrying out this section, Sector Risk
Management Agencies shall--
``(1) coordinate with the Department and other relevant
Federal departments and agencies, as appropriate;
``(2) collaborate with critical infrastructure owners and
operators within the designated critical infrastructure sector
or subsector; and
``(3) coordinate with independent regulatory agencies, and
State, local, Tribal, and territorial entities, as appropriate.
``(c) Responsibilities.--Each Sector Risk Management Agency shall
utilize its specialized expertise about its designated critical
infrastructure sector or subsector and authorities under applicable law
to--
``(1) support sector risk management, including--
``(A) establishing and carrying out programs, in
coordination with the Director, to assist critical
infrastructure owners and operators within the
designated sector in identifying, understanding, and
mitigating threats, vulnerabilities, and risks to their
systems or assets, or within a region or sector; and
``(B) recommending security measures to mitigate
the consequences of destruction, compromise, and
disruption of systems and assets;
``(2) assess sector risk, including--
``(A) identifying, assessing, and prioritizing
risks within the designated sector, considering
physical and cyber threats, vulnerabilities, and
consequences; and
``(B) supporting national risk assessment efforts
led by the Department, through the Director;
``(3) sector coordination, including--
``(A) serving as a day-to-day Federal interface for
the prioritization and coordination of sector-specific
activities and responsibilities under this section;
``(B) serving as the government coordinating
council chair for the designated sector or subsector;
and
``(C) participating in cross-sector coordinating
councils, as appropriate;
``(4) facilitating the sharing of information about cyber
and physical threats within the sector to the Department,
including--
``(A) facilitating, in coordination with the
Director, access to, and exchange of, information and
intelligence necessary to strengthen the security of
critical infrastructure, including through information
sharing and analysis organizations and the national
cybersecurity and communications integration center
established in section 2209 of the Homeland Security
Act of 2002;
``(B) facilitating the identification of
intelligence needs and priorities of critical
infrastructure owners and operators in the sector, in
coordination with the Director, the Office of Director
of National Intelligence, and other Federal departments
and agencies, as appropriate;
``(C) providing the Director ongoing, and where
possible, real-time awareness of identified threats,
vulnerabilities, mitigations, and other actions related
to the security of the sector; and
``(D) supporting the reporting requirements of the
Department of Homeland Security under applicable law by
providing, on an annual basis, sector-specific critical
infrastructure information;
``(5) supporting incident management, including--
``(A) supporting, in coordination with the
Director, incident management and restoration efforts
during or following a security incident; and
``(B) supporting the Director, upon request, in
conducting vulnerability assessments and asset response
activities for critical infrastructure; and
``(6) contributing to emergency preparedness efforts,
including--
``(A) coordinating with critical infrastructure
owners and operators within the designated sector, as
well as the Director, in the development of planning
documents for coordinated action in the event of a
natural disaster, act of terrorism, or other man-made
disaster or emergency;
``(B) conducting exercises and simulations of
potential natural disasters, acts of terrorism, or
other man-made disasters or emergencies within the
sector; and
``(C) supporting the Department and other Federal
departments or agencies in developing planning
documents or conducting exercises or simulations
relevant to their assigned sector.''.
(3) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2214 the following
new item:
``Sec. 2215. Sector risk management agencies.''.
(d) Reporting and Auditing.--Not later than 2 years after the date
of the enactment of this Act and every 4 years thereafter, the
Comptroller General of the United States shall submit to the Committee
on Homeland Security of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs of the Senate a report on
the effectiveness of Sector Risk Management Agencies in carrying out
their responsibilities under section 2215 of the Homeland Security Act
of 2002, as added by this section.
SEC. 1785. INTEGRATION OF MEMBERS OF THE ARMED FORCES WHO ARE
MINORITIES.
Each Secretary of a military department shall--
(1) share lessons learned and best practices on the
progress of plans to integrate members of the Armed Forces who
identify as belonging to a minority group into the military
department under the jurisdiction of the Secretary; and
(2) strategically communicate such progress with other
military departments and the public.
SEC. 1786. POLICY ON CONSCIOUS AND UNCONSCIOUS GENDER BIAS.
The Secretary of Defense shall develop a policy that defines
conscious and unconscious gender bias and provides guidance to
eliminate conscious and unconscious gender bias.
SEC. 1787. PROTECTIONS FOR PREGNANT MEMBERS OF THE ARMED FORCES.
Each Secretary of a military department shall develop and implement
policies to ensure that the career of a member of the Armed Forces is
not negatively affected as a result of such member becoming pregnant.
SEC. 1788. RELEASE OF DEPARTMENT OF DEFENSE DOCUMENTS ON THE 1981 EL
MOZOTE MASSACRE IN EL SALVADOR.
(a) Release of Materials.--Not more than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall direct all
Defense Agency bureaus, departments, agencies, and entities to identify
and release to Salvadoran judicial authorities, including to the
Salvadoran presiding judge investigating and prosecuting the El Mozote
massacre case, all materials that might be relevant to the El Mozote
massacre that occurred in December of 1981.
(b) Materials Described.--The materials required to be released
under subsection (a) include--
(1) all documents, correspondence, reproductions of
Salvadoran documents, and other similar materials dated during,
or originating from, the period beginning on January 1, 1981,
and ending on January 30, 1983, that are relevant to the
massacre that occurred at El Mozote, El Salvador, and
surrounding communities, in December of 1981;
(2) all materials dated during, or originating from, the
period referred to in paragraph (1) related to the
establishment, operations, command structure, officers and
troops of the Atlacatl Battalion; and
(3) any other materials the Secretary determines are
relevant to the El Mozote massacre.
(c) Timeline for Completion.--The Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a specific timeline for the completion of the release of the materials
as required under subsection (a). Such timeline for completion may not
exceed 150 days after the date of the enactment of this Act.
SEC. 1789. STUDY AND ESTABLISHMENT OF THE ASSISTANT DEPUTY SECRETARY
FOR ENVIRONMENT AND RESILIENCE.
(a) Study.--
(1) In general.--The Secretary of Defense shall carry out a
study on the creation of a position of Assistant Deputy
Secretary for Environment and Resilience, which would broaden
the responsibilities and authorities of the Deputy Assistant
Secretary for Environment. The Secretary shall determine the
scope of duties for this position by evaluating which defense
activities outside of sustainment are impacted by the threat of
anticipated or unanticipated changes in environmental
conditions, or extreme weather events. The Secretary shall also
consider whether the position of Assistant Deputy Secretary for
Environment and Resilience should--
(A) update and execute on the Department of
Defense's 2014 Climate Change Adaptation Roadmap;
(B) collaborate with other Assistant Deputy
Secretaries of Defense and Assistant Secretaries of
Defense to develop recommendations on how to factor
climate risks into Department of Defense policies; and
(C) undertake such other duties related to
environmental resilience as the Secretary may determine
appropriate.
(2) Report to congress.--Not later than the end of the 60-
day period beginning on the date of enactment of this Act, the
Secretary shall issue a report to the Congress containing all
findings and determinations made in carrying out the study
required under paragraph (1).
(b) Establishment.--After issuing the report required under
subsection (a), the Secretary shall establish the position of Assistant
Deputy Secretary for Environment and Resilience and delegate such
duties to the position as the Secretary determines appropriate, taking
into account the results of the study required under subsection (a).
(c) Annual Report.--The Assistant Deputy Secretary for Environment
and Resilience shall issue an annual report to the Secretary of Defense
and the Congress containing a description of the actions taken by the
Assistant Deputy Secretary during the previous year.
SEC. 1790. EXPANSION OF ELIGIBILITY FOR HUD-VASH.
(a) HUD Provisions.--Section 8(o)(19) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end
the following new subparagraph:
``(D) Veteran defined.--In this paragraph, the term
`veteran' has the meaning given that term in section
2002(b) of title 38, United States Code.''.
(b) VHA Case Managers.--Subsection (b) of section 2003 of title 38,
United States Code, is amended by adding at the end the following: ``In
the case of vouchers provided under the HUD-VASH program under section
8(o)(19) of such Act, for purposes of the preceding sentence, the term
`veteran' shall have the meaning given such term in section 2002(b) of
this title.''.
(c) Annual Reports.--
(1) In general.--Not less frequently than once each year,
the Secretary of Veterans Affairs shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the homelessness services provided under programs of the
Department of Veterans Affairs, including services under HUD-
VASH program under section 8(o)(1) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(19)).
(2) Included information.--Each such annual report shall
include, with respect to the year preceding the submittal of
the report, a statement of the number of eligible individuals
who were furnished such homelessness services and the number of
individuals furnished such services under each such program,
disaggregated by the number of men who received such services
and the number of women who received such services, and such
other information as the Secretary considers appropriate.
SEC. 1791. WAIVER AUTHORITY WITH RESPECT TO INSTITUTIONS LOCATED IN AN
AREA AFFECTED BY HURRICANE MARIA.
(a) Waiver Authority.--Notwithstanding any other provision of law,
unless enacted with specific reference to this section or section 392
of the Higher Education Act of 1965 (20 U.S.C. 1068a), for any affected
institution that was receiving assistance under title III of such Act
(20 U.S.C. 1051 et seq.) at the time of a covered hurricane disaster,
the Secretary of Education shall, for each of the fiscal years 2020
through 2022 (and may, for each of the fiscal years 2023 and 2024)--
(1) waive--
(A) the eligibility data requirements set forth in
section 391(d) of the Higher Education Act of 1965 (20
U.S.C. 1068(d));
(B) the wait-out period set forth in section 313(d)
of the Higher Education Act of 1965 (20 U.S.C.
1059(d));
(C) the allotment requirements under section 324 of
the Higher Education Act of 1965 (20 U.S.C. 1063); and
(D) the use of the funding formula developed
pursuant to section 326(f)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1063b(f)(3));
(2) waive or modify any statutory or regulatory provision
to ensure that affected institutions that were receiving
assistance under title III of the Higher Education Act of 1965
(20 U.S.C. 1051 et seq.) at the time of a covered hurricane
disaster are not adversely affected by any formula calculation
for fiscal year 2020 or for any of the 4 succeeding fiscal
years, as necessary; and
(3) make available to each affected institution an amount
that is not less than the amount made available to such
institution under title III of the Higher Education Act of 1965
(20 U.S.C. 1051 et seq.) for fiscal year 2017, except that for
any fiscal year for which the funds appropriated for payments
under such title are less than the appropriated level for
fiscal year 2017, the amount made available to such
institutions shall be ratably reduced among the institutions
receiving funds under such title.
(b) Definitions.--In this section:
(1) Affected institution.--The term ``affected
institution'' means an institution of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)) that--
(A) is--
(i) a part A institution (which term shall
have the meaning given the term ``eligible
institution'' under section 312(b) of the
Higher Education Act of 1965 (20 U.S.C.
1058(b))); or
(ii) a part B institution, as such term is
defined in section 322(2) of the Higher
Education Act of 1965 (20 U.S.C. 1061(2)), or
as identified in section 326(e) of such Act (20
U.S.C. 1063b(e));
(B) is located in a covered area affected by a
hurricane disaster; and
(C) is able to demonstrate that, as a result of the
impact of a covered hurricane disaster, the
institution--
(i) incurred physical damage;
(ii) has pursued collateral source
compensation from insurance, the Federal
Emergency Management Agency, and the Small
Business Administration, as appropriate; and
(iii) was not able to fully reopen in
existing facilities or to fully reopen to the
pre-hurricane enrollment levels during the 30-
day period beginning on September 7, 2017.
(2) Covered area affected by a hurricane disaster.--The
term ``covered area affected by a hurricane disaster'' means an
area for which the President declared a major disaster under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) as a result of
Hurricane Maria.
(3) Covered hurricane disaster.--The term ``covered
hurricane disaster'' means a major disaster that the President
declared to exist, in accordance with section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), and that was caused by Hurricane Maria or
Hurricane Irma.
SEC. 1792. CREDIT MONITORING.
Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C. 1681c-
1(k)) is amended by striking paragraph (4).
SEC. 1793. DEPARTMENT OF HOMELAND SECURITY CISA DIRECTOR TERM
LIMITATION.
(a) In General.--Subsection (b) of section 2202 of the Homeland
Security Act of 2002 (6 U.S.C. 652) is amended by--
(1) redesignating paragraph (2) as paragraph (4); and
(2) inserting after paragraph (1) the following new
paragraphs:
``(2) Qualifications.--
``(A) In general.--The Director shall be appointed
from among individuals who have--
``(i) extensive knowledge in at least two
of the areas specified in subparagraph (B); and
``(ii) not fewer than 5 years of
demonstrated experience in efforts to foster
coordination and collaboration between the
Federal Government, the private sector, and
other entities on issues related to
cybersecurity, infrastructure security, or
security risk management.
``(B) Specified areas.--The areas specified in this
subparagraph are the following:
``(i) Cybersecurity.
``(ii) Infrastructure security.
``(iii) Security risk management.
``(3) Term.--Effective with respect to an individual
appointed to be the Director by the President, by and with the
advice and consent of the Senate, after the date of the
enactment of this paragraph, the term of office of such an
individual so appointed shall be 5 years, and such an
individual may not serve more than two terms. The term of
office of the individual serving as the Director as of such
date of enactment shall be 5 years beginning on the date on
which the Director began serving.''.
(b) Change of Title of Assistant Director to Executive Assistant
Director.--
(1) Cybersecurity division.--Section 2203 of the Homeland
Security Act of 2002 (6 U.S.C. 653) is amended--
(A) in subsection (a)--
(i) in the heading for paragraph (2), by
striking ``Assistant director'' and inserting
``Executive assistant director''; and
(ii) in paragraph (2), by striking
``Assistant Director for Cybersecurity (in this
section referred to as the `Assistant
Director')'' and inserting ``Executive
Assistant Director for Cybersecurity (in this
section referred to as the `Executive Assistant
Director')''; and
(B) by striking ``Assistant Director'' each place
it appears and inserting ``Executive Assistant
Director''.
(2) Infrastructure security division.--Section 2204 of the
Homeland Security Act of 2002 (6 U.S.C. 654) is amended--
(A) in subsection (a)--
(i) in the heading for paragraph (2), by
striking ``Assistant director'' and inserting
``Executive assistant director''; and
(ii) in paragraph (2), by striking
``Assistant Director for Infrastructure
Security (in this section referred to as the
`Assistant Director')'' and inserting
``Executive Assistant Director for
Infrastructure Security (in this section
referred to as the `Executive Assistant
Director')''; and
(B) by striking ``Assistant Director'' each place
it appears and inserting ``Executive Assistant
Director''.
(c) Amendment Relating to Qualifications for Certain CISA Executive
Assistant Directors.--The Homeland Security Act of 2002 is amended--
(1) in subparagraph (B) of section 2203(a)(2) (6 U.S.C.
653(a)(2)), by striking ``President without the advice and
consent of the Senate'' and inserting ``Secretary''; and
(2) in subparagraph (B) of section 2204(a)(2) (6 U.S.C.
654(a)(2)), by striking ``President without the advice and
consent of the Senate'' and inserting ``Secretary''.
(d) Amendment to Position Level of CISA Director.--Subchapter II of
chapter 53 of title 5, United States Code, is amended--
(1) in section 5313, by inserting after ``Administrator of
the Transportation Security Administration.'' the following:
``Director, Cybersecurity and Infrastructure Security
Agency.''; and
(2) in section 5314, by striking ``Director, Cybersecurity
and Infrastructure Security Agency.''.
SEC. 1794. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE PACIFIC.
Section 6(b)(1)(B)(i) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a Commonwealth of the
Northern Mariana Islands in Political Union With the United States of
America', and for other purposes'', approved March 24, 1976 (48 U.S.C.
1806(b)(1)(B)(i) is amended--
(1) by striking ``contact'' and inserting ``contract'';
(2) by inserting ``supporting,'' after ``connected to,'';
(3) by striking ``or'' before ``associated with'';
(4) by inserting ``or adversely affected by'' after
``associated with,''; and
(5) by inserting ``, with priority given to federally
funded military projects'' after ``and in the Commonwealth''.
SEC. 1795. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES
OF THE LOST CREW MEMBERS OF THE U.S.S. FRANK E. EVANS
KILLED ON JUNE 3, 1969.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Defense shall authorize the inclusion on
the Vietnam Veterans Memorial Wall in the District of Columbia of the
names of the 74 crew members of the U.S.S. Frank E. Evans killed on
June 3, 1969.
(b) Required Consultation.--The Secretary of Defense shall consult
with the Secretary of the Interior, the American Battlefield Monuments
Commission, and other applicable authorities with respect to any
adjustments to the nomenclature and placement of names pursuant to
subsection (a) to address any space limitations on the placement of
additional names on the Vietnam Veterans Memorial Wall.
(c) Nonapplicability of Commemorative Works Act.--Chapter 89 of
title 40, United States Code (commonly known as the ``Commemorative
Works Act''), shall not apply to any activities carried out under
subsection (a) or (b).
SEC. 1796. STUDY ON VIABILITY OF SEAWATER MINING FOR CRITICAL MINERALS.
(a) Finding.--The Congress finds that--
(1) extracting minerals from seawater has the potential to
provide a domestic source for minerals that are critical to the
defense industrial base of the United States, which would
reduce the dependence of the United States on imports of the
minerals while strengthening the national security and the
defense industrial base of the United States;
(2) the cost of extracting uranium from seawater has
dropped significantly to nearly $400 per kilogram; and
(3) extracting uranium from seawater is an environmentally
friendly, emerging technology solution that has the potential
to transform how uranium is extracted.
(b) Study.--Within 60 days after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the head of any
other relevant Federal agency and relevant stakeholders, shall conduct
a study of the viability of extracting minerals, such as uranium, that
are critical to the defense industrial base of the United States, from
seawater.
(c) Report.--Within 1 year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committee on Armed
Services and the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Armed Services and the
Committee on Environment and Public Works of the Senate a written
report which contains the results of the study required by subsection
(b).
SEC. 1797. RESTRICTIONS ON CONFUCIUS INSTITUTES.
(a) Restrictions on Confucius Institutes.--An institution of higher
education or other postsecondary educational institution (referred to
in this section as an ``institution'') shall not be eligible to receive
Federal funds from the Department of Defense, other than educational
assistance funds that are provided directly to students, unless--
(1) the institution submits any contract or agreement
between the institution and a Confucius Institute to the
National Academies of Sciences, Engineering, and Medicine; and
(2) the National Academies of Sciences, Engineering, and
Medicine issues a written determination that the contract or
agreement includes clear provisions that--
(A) protect academic freedom at the institution;
(B) prohibit the application of any foreign law on
any campus of the institution; and
(C) grant full managerial authority of the
Confucius Institute to the institution, including full
control over what is being taught, the activities
carried out, the research grants that are made, and who
is employed at the Confucius Institute.
(b) Confucius Institute Defined.--In this section, the term
``Confucius Institute'' means a cultural institute directly or
indirectly funded by the Government of the People's Republic of China.
(c) Funding.--
(1) Increase.--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, and
evaluation, Defense-wide, basic research, basic research
initiatives (PE 0601110D8Z), line 003 is hereby increased by
$1,000,000 (to be used in support of the National Academies of
Sciences, Engineering, and Medicine assessments under
subsection (a)).
(2) Offset.--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 Information Systems Agency,
line 280 is hereby reduced by $1,000,000.
SEC. 1798. DISCLOSURE REQUIREMENT.
(a) In General.--Section 104 of the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7214) is amended by adding at the end the following:
``(i) Disclosure Regarding Foreign Jurisdictions That Prevent
Inspections.--
``(1) Definitions.--In this subsection--
``(A) the term `covered issuer' means an issuer
that is required to file reports under section 13 or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m, 78o(d)); and
``(B) the term `non-inspection year' means, with
respect to a covered issuer, a year--
``(i) during which the Commission
identifies the covered issuer under paragraph
(2)(A) with respect to every report described
in subparagraph (A) filed by the covered issuer
during that year; and
``(ii) that begins after the date of
enactment of this subsection.
``(2) Disclosure to commission.--The Commission shall--
``(A) identify each covered issuer that, with
respect to the preparation of the audit report on the
financial statement of the covered issuer that is
included in a report described in paragraph (1)(A)
filed by the covered issuer, retains a registered
public accounting firm that has a branch, office, or
affiliate that--
``(i) is located in a foreign jurisdiction;
``(ii) performs more than one-third of the
audit services for the audit report of the
covered issuer; and
``(iii) the Board is unable to inspect or
investigate completely because of a position
taken by an authority in the foreign
jurisdiction described in clause (i), as
determined by the Board; and
``(B) require each covered issuer identified under
subparagraph (A) to, in accordance with rules issued by
the Commission, submit to the Commission documentation
to determine whether the covered issuer is owned or
controlled by a governmental entity in the foreign
jurisdiction described in subparagraph (A)(i).
``(3) Trading prohibition after 3 years of non-
inspections.--
``(A) In general.--If the Commission determines
that a covered issuer has 3 consecutive non-inspection
years, the Commission shall prohibit the securities of
the covered issuer from being traded--
``(i) on a national securities exchange; or
``(ii) through any other method that is
within the jurisdiction of the Commission to
regulate, including through the method of
trading that is commonly referred to as the
`over-the-counter' trading of securities.
``(B) Removal of initial prohibition.--If, after
the Commission imposes a prohibition on a covered
issuer under subparagraph (A), the covered issuer
certifies to the Commission that the covered issuer has
retained a registered public accounting firm that the
Board has inspected under this section to the
satisfaction of the Commission, the Commission shall
end that prohibition.
``(C) Recurrence of non-inspection years.--If,
after the Commission ends a prohibition under
subparagraph (B) or (D) with respect to a covered
issuer, the Commission determines that the covered
issuer has a non-inspection year, the Commission shall
prohibit the securities of the covered issuer from
being traded--
``(i) on a national securities exchange; or
``(ii) through any other method that is
within the jurisdiction of the Commission to
regulate, including through the method of
trading that is commonly referred to as the
`over-the-counter' trading of securities.
``(D) Removal of subsequent prohibition.--If, after
the end of the 5-year period beginning on the date on
which the Commission imposes a prohibition on a covered
issuer under subparagraph (C), the covered issuer
certifies to the Commission that the covered issuer
will retain a registered public accounting firm that
the Board is able to inspect and investigate, the
Commission shall end that prohibition.''.
(b) Additional Disclosure.--
(1) Definitions.--In this section--
(A) the term ``audit report'' has the meaning given
the term in section 2(a) of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7201(a));
(B) the term ``Commission'' means the Securities
and Exchange Commission;
(C) the term ``covered form''--
(i) means--
(I) the form described in section
249.310 of title 17, Code of Federal
Regulations, or any successor
regulation; and
(II) the form described in section
249.220f of title 17, Code of Federal
Regulations, or any successor
regulation; and
(ii) includes a form that--
(I) is the equivalent of, or
substantially similar to, the form
described in subclause (I) or (II) of
clause (i); and
(II) a foreign issuer files with
the Commission under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.) or rules issued under that Act;
(D) the terms ``covered issuer'' and ``non-
inspection year'' have the meanings given the terms in
subsection (i)(1) of section 104 of the Sarbanes-Oxley
Act of 2002 (15 U.S.C. 7214), as added by subsection
(a) of this section; and
(E) the term ``foreign issuer'' has the meaning
given the term in section 240.3b-4 of title 17, Code of
Federal Regulations, or any successor regulation.
(2) Requirement.--Each covered issuer that is a foreign
issuer and for which, during a non-inspection year with respect
to the covered issuer, a registered public accounting firm
described in subsection (i)(2)(A) of section 104 of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by
subsection (a) of this section, has prepared an audit report
shall disclose in each covered form filed by that issuer that
covers such a non-inspection year--
(A) that, during the period covered by the covered
form, such a registered public accounting firm has
prepared an audit report for the issuer;
(B) the percentage of the shares of the issuer
owned by governmental entities in the foreign
jurisdiction in which the issuer is incorporated or
otherwise organized;
(C) whether governmental entities in the applicable
foreign jurisdiction with respect to that registered
public accounting firm have a controlling financial
interest with respect to the issuer;
(D) the name of each official of the Chinese
Communist Party who is a member of the board of
directors of--
(i) the issuer; or
(ii) the operating entity with respect to
the issuer; and
(E) whether the articles of incorporation of the
issuer (or equivalent organizing document) contains any
charter of the Chinese Communist Party, including the
text of any such charter.
(c) Rulemaking.--Not later than 90 days after the date of enactment
of this Act, the Commission shall issue rules to implement this
section, and the amendments made by this section, consistent with the
Commission's mandate, including--
(1) the protection of investors; and
(2) maintaining fair, orderly, and efficient markets.
SEC. 1799. INCREASED REALISM AND TRAINING EFFECTIVENESS FOR AIRBORNE
ANTI-SUBMARINE WARFARE TRAINING AT OFFSHORE TRAINING
RANGES.
(a) In General.--The Secretary of Defense shall provide for greater
training effectiveness for aircrews by procuring contract services that
will realistically simulate real-world, manned submersible, diesel-
powered vessels that are very similar to third-world and near-peer
adversaries.
(b) Goals and Best Practices.--In carrying out subsection (a), the
Secretary shall apply the following goals and best practices:
(1) Provide for on-demand services available on training
range scheduling services within 3 days of training exercises.
(2) Meet the demand for scalable, highly relevant, and
robust training assets for use by fixed and rotary-wing Navy
anti-submarine communities on both coasts.
(3) Minimize the use of foreign naval vessels, reserving
them only for large, joint and allied exercises.
(4) Ensure that such vessels are classed for use on sea-
based ranges and equipped for safe operation with Unite States
naval air, surface, and submarine forces.
SEC. 1800. REVIEW OF USE OF INNOVATIVE WOOD PRODUCT TECHNOLOGY.
(a) In General.--The Secretary of Defense, in collaboration with
the Secretary of Agriculture, shall review the potential to incorporate
innovative wood product technologies (such as mass timber and cellulose
nanomaterials) in constructing or renovating facilities owned or
managed by the Department of Defense.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense shall submit to the Committee on
Armed Services and the Committee on Agriculture of the House of
Representatives and the Committee on Armed Services and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report that--
(1) includes the findings of the review required under
subsection (a); and
(2) identifies any barriers to incorporating innovative
wood product technologies (such as mass timber and cellulose
nanomaterials) in constructing or renovating facilities owned
or managed by the Department of Defense.
SEC. 1801. STRATEGY TO INCREASE PARTICIPATION IN INTERNATIONAL MILITARY
EDUCATION AND TRAINING PROGRAMS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act the Secretary of State, in coordination with the
Secretary of Defense, shall submit to the appropriate congressional
committees a plan to increase the number of foreign female participants
receiving training under the International Military Education and
Training program authorized under chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.) and any other military
exchange program offered to foreign participants, with the goal of
doubling such participation over the 10-year period beginning on the
date of the enactment of this Act.
(b) Interim Progress Reports.--Not later than 2 years after the
date of the submission of the plan required by subsection (a), and
every 2 years thereafter until the end of the 10-year period beginning
on the date of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to the
appropriate congressional committees a report that includes the most
recently available data on foreign female participation in activities
conducted under the International Military Education and Training
program and any other military exchange programs and describes the
manner and extent to which the goal described in subsection (a) has
been achieved as of the date of the submission of the report.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1802. ESTABLISHMENT OF OFFICE OF CYBER ENGAGEMENT OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Establishment.--Chapter 3 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 324. Office of Cyber Engagement
``(a) Establishment.--There is established in the Department an
office to be known as the `Office of Cyber Engagement' (in this section
referred to as the `Office').
``(b) Head of Office.--(1) The head of the Office shall be known as
the `Director of Cyber Engagement' (in this section referred to as the
`Director').
``(2) The Director shall be responsible for the functions of the
Office and appointed by the Secretary in the Senior Executive Service.
``(3) The Director shall report to the Deputy Secretary or
Secretary.
``(c) Functions.--The functions of the Office are the following:
``(1) To address cyber risks (including identity theft) to
veterans, their families, caregivers, and survivors.
``(2) To develop, promote, and disseminate information and
best practices regarding such cyber risks.
``(3) To coordinate with the Cybersecurity and
Infrastructure Agency of the Department of Homeland Security
and other Federal agencies.
``(4) Other functions determined by the Secretary.
``(d) Resources.--The Secretary shall ensure that appropriate
personnel, funding, and other resources are provided to the Office to
carry out its responsibilities.
``(e) Inclusion of Information on Office in Annual Report on
Department Activities.--The Secretary shall include in each annual
Performance and Accountability report submitted by the Secretary to
Congress a description of the activities of the Office during the
fiscal year covered by such report.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding the following:
``324. Office of Cyber Engagement.''.
(c) Deadline.--The Secretary of Veterans Affairs shall establish
the Office of Cyber Engagement under section 324 of such title, as
added by subsection (a), not later than 90 days after the date of the
enactment of this Act.
(d) Reporting.--Not later than 180 days after the date of the
enactment of this Act and thrice semiannually thereafter, the Secretary
of Veterans Affairs shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report regarding the
progress of the Office of Cyber Engagement established under section
324 of such title, as added by subsection (a). Each report shall
include the following:
(1) The number of individuals assisted by the Office of
Cyber Engagement.
(2) The results of any assessments conducted by the Office.
(3) Progress in convening the working group described in
subsection (c)(3) of such section.
(4) Other matters the Secretary determines appropriate.
SEC. 1803. CERTIFIED NOTICE AT COMPLETION OF AN ASSESSMENT.
(a) In General.--Section 721(b)(3) of the Defense Production Act of
1950 (50 U.S.C. 4565(b)(3)) is amended--
(1) in subparagraph (A)--
(A) in the heading, by adding ``or assessment'' at
the end; and
(B) by striking ``subsection (b) that concludes
action under this section'' and inserting ``this
subsection that concludes action under this section, or
upon the Committee making a notification under
paragraph (1)(C)(v)(III)(aa)(DD)''; and
(2) in subparagraph (C)(i)--
(A) in subclause (I), by striking ``and'' at the
end;
(B) in subclause (II), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(III) whether the transaction is
described under clause (i), (ii),
(iii), (iv), or (v) of subsection
(a)(4)(B).''.
(b) Technical Corrections.--
(1) In general.--Section 1727(a) of the Foreign Investment
Risk Review Modernization Act of 2018 (Public Law 115-232) is
amended--
(A) in paragraph (3), by striking ``(4)(C)(v)'' and
inserting ``(4)(F)''; and
(B) in paragraph (4), by striking ``subparagraph
(B)'' and inserting ``subparagraph (C)''.
(2) Effective date.--The amendments under paragraph (1)
shall take effect on the date of enactment of the Foreign
Investment Risk Review Modernization Act of 2018.
SEC. 1804. DEPARTMENT OF HOMELAND SECURITY ACQUISITION DOCUMENTATION.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 711. ACQUISITION DOCUMENTATION.
``(a) In General.--For each major acquisition program, the
Secretary, acting through the Under Secretary for Management, shall
require the head of a relevant component or office to--
``(1) maintain acquisition documentation that is complete,
accurate, timely, and valid, and that includes, at a minimum--
``(A) operational requirements that are validated
consistent with departmental policy and changes to such
requirements, as appropriate;
``(B) a complete lifecycle cost estimate with
supporting documentation;
``(C) verification of such lifecycle cost estimate
against independent cost estimates, and reconciliation
of any differences;
``(D) a cost-benefit analysis with supporting
documentation;
``(E) an integrated master schedule with supporting
documentation;
``(F) plans for conducting systems engineering
reviews and test and evaluation activities throughout
development to support production and deployment
decisions;
``(G) an acquisition plan that outlines the
procurement approach, including planned contracting
vehicles;
``(H) a logistics and support plan for operating
and maintaining deployed capabilities until such
capabilities are disposed of or retired; and
``(I) an acquisition program baseline that is
traceable to the program's operational requirements
under subparagraph (A), life-cycle cost estimate under
subparagraph (B), and integrated master schedule under
subparagraph (E).
``(2) prepare cost estimates and schedules for major
acquisition programs, as required under subparagraphs (B) and
(E), in a manner consistent with best practices as identified
by the Comptroller General of the United States;
``(3) ensure any revisions to the acquisition documentation
maintained pursuant to paragraph (1) are reviewed and approved
in accordance with departmental policy; and
``(4) submit certain acquisition documentation to the
Secretary to produce for submission to Congress an annual
comprehensive report on the status of departmental
acquisitions.
``(b) Waiver.--On a case-by-case basis with respect to any major
acquisition program under this section, the Secretary may waive the
requirement under paragraph (3) of subsection (a) for a fiscal year if
either--
``(1) such program has not--
``(A) entered the full rate production phase in the
acquisition lifecycle;
``(B) had a reasonable cost estimate established;
and
``(C) had a system configuration defined fully; or
``(2) such program does not meet the definition of capital
asset, as such term is defined by the Director of the Office of
Management and Budget.
``(c) Congressional Oversight.--At the same time the President's
budget is submitted for a fiscal year under section 1105(a) of title
31, United States Code, the Secretary shall make information available,
as applicable, to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate regarding the requirement described in subsection
(a) in the prior fiscal year that includes the following specific
information regarding each major acquisition program for which the
Secretary has issued a waiver under subsection (b):
``(1) The grounds for granting a waiver for such program.
``(2) The projected cost of such program.
``(3) The proportion of a component's or office's annual
acquisition budget attributed to such program, as available.
``(4) Information on the significance of such program with
respect to the component's or office's operations and execution
of its mission.
``(d) Definitions.--In this section:
``(1) Acquisition program baseline.--The term `acquisition
program baseline', with respect to an acquisition program,
means a summary of the cost, schedule, and performance
parameters, expressed in standard, measurable, quantitative
terms, which shall be met to accomplish the goals of such
program.
``(2) Major acquisition program.--The term `major
acquisition program' means a Department acquisition program
that is estimated by the Secretary to require an eventual total
expenditure of at least $300 million (based on fiscal year 2019
constant dollars) over its lifecycle cost.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
adding after the item related to section 710 the following new item:
``Sec. 711. Acquisition documentation.''.
SEC. 1805. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN.
(a) Definitions.--In this section:
(1) Large-scale non-intrusive inspection system.--The term
``large-scale, non-intrusive inspection system'' means a
technology, including x-ray, gamma-ray, and passive imaging
systems, capable of producing an image of the contents of a
commercial or passenger vehicle or freight rail car in 1 pass
of such vehicle or car.
(2) Scanning.--The term ``scanning'' means utilizing
nonintrusive imaging equipment, radiation detection equipment,
or both, to capture data, including images of a commercial or
passenger vehicle or freight rail car.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
a plan to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the House of
Representatives for increasing to 100 percent the rate of high-
throughput scanning of commercial and passenger vehicles and freight
rail traffic entering the United States at land ports of entry and
rail-border crossings along the border using large-scale non-intrusive
inspection systems or similar technology to enhance border security.
(c) Baseline Information.--The plan under subsection (b) shall
include, at a minimum, the following information regarding large-scale
non-intrusive inspection systems or similar technology operated by U.S.
Customs and Border Protection at land ports of entry and rail-border
crossings as of the date of the enactment of this Act:
(1) An inventory of large-scale non-intrusive inspection
systems or similar technology in use at each land port of
entry.
(2) For each system or technology identified in the
inventory under paragraph (1)--
(A) the scanning method of such system or
technology;
(B) the location of such system or technology at
each land port of entry that specifies whether in use
in pre-primary, primary, or secondary inspection area,
or some combination of such areas;
(C) the percentage of commercial and passenger
vehicles and freight rail traffic scanned by such
system or technology;
(D) seizure data directly attributed to scanned
commercial and passenger vehicles and freight rail
traffic; and
(E) the number of personnel required to operate
each system or technology.
(3) Information regarding the continued use of other
technology and tactics used for scanning, such as canines and
human intelligence in conjunction with large scale,
nonintrusive inspection systems.
(d) Elements.--The plan under subsection (b) shall include the
following information:
(1) Benchmarks for achieving incremental progress towards
100 percent high-throughput scanning within the next 6 years of
commercial and passenger vehicles and freight rail traffic
entering the United States at land ports of entry and rail-
border crossings along the border with corresponding projected
incremental improvements in scanning rates by fiscal year and
rationales for the specified timeframes for each land port of
entry.
(2) Estimated costs, together with an acquisition plan, for
achieving the 100 percent high-throughput scanning rate within
the timeframes specified in paragraph (1), including
acquisition, operations, and maintenance costs for large-scale,
nonintrusive inspection systems or similar technology, and
associated costs for any necessary infrastructure enhancements
or configuration changes at each port of entry. Such
acquisition plan shall promote, to the extent practicable,
opportunities for entities that qualify as small business
concerns (as defined under section 3(a) of the Small Business
Act (15 U.S.C. 632(a)).
(3) Any projected impacts, as identified by the
Commissioner of U.S. Customs and Border Protection, on the
total number of commercial and passenger vehicles and freight
rail traffic entering at land ports of entry and rail-border
crossings where such systems are in use, and average wait times
at peak and non-peak travel times, by lane type if applicable,
as scanning rates are increased.
(4) Any projected impacts, as identified by the
Commissioner of U.S. Customs and Border Protection, on land
ports of entry and rail-border crossings border security
operations as a result of implementation actions, including any
changes to the number of U.S. Customs and Border Protection
officers or their duties and assignments.
(e) Annual Report.--Not later than 1 year after the submission of
the plan under subsection (b), and biennially thereafter for the
following 6 years, the Secretary of Homeland Security shall submit a
report to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the House of
Representatives that describes the progress implementing the plan and
includes--
(1) an inventory of large-scale, nonintrusive inspection
systems or similar technology operated by U.S. Customs and
Border Protection at each land port of entry;
(2) for each system or technology identified in the
inventory required under paragraph (1)--
(A) the scanning method of such system or
technology;
(B) the location of such system or technology at
each land port of entry that specifies whether in use
in pre-primary, primary, or secondary inspection area,
or some combination of such areas;
(C) the percentage of commercial and passenger
vehicles and freight rail traffic scanned by such
system or technology; and
(D) seizure data directly attributed to scanned
commercial and passenger vehicles and freight rail
traffic;
(3) the total number of commercial and passenger vehicles
and freight rail traffic entering at each land port of entry at
which each system or technology is in use, and information on
average wait times at peak and non-peak travel times, by lane
type if applicable;
(4) a description of the progress towards reaching the
benchmarks referred to in subsection (d)(1), and an explanation
if any of such benchmarks are not achieved as planned;
(5) a comparison of actual costs (including information on
any awards of associated contracts) to estimated costs set
forth in subsection (d)(2);
(6) any realized impacts, as identified by the Commissioner
of U.S. Customs and Border Protection, on land ports of entry
and rail-border crossings operations as a result of
implementation actions, including any changes to the number of
U.S. Customs and Border Protection officers or their duties and
assignments;
(7) any proposed changes to the plan and an explanation for
such changes, including changes made in response to any
Department of Homeland Security research and development
findings or changes in terrorist or transnational criminal
organizations tactics, techniques, or procedures; and
(8) any challenges to implementing the plan or meeting the
benchmarks, and plans to mitigate any such challenges.
SEC. 1806. NATIONAL SUPPLY CHAIN DATABASE.
(a) Establishment of National Supply Chain Database.--Subject to
the availability of funds as authorized under subsection (3), the
Director of the National Institute of Standards and Technology
(referred to in this Act as the ``NIST'') shall establish a National
Supply Chain Database that will assist the Nation in minimizing
disruptions in the supply chain by having an assessment of United
States manufacturers' capabilities.
(b) Connections With State Manufacturing Extension Partnership.--
(1) In general.--The infrastructure for the National Supply
Chain Database shall be created through the Hollings
Manufacturing Extension Partnership (MEP) program of the
National Institute of Standards and Technology by connecting
the Hollings Manufacturing Extension Partnerships Centers
through the National Supply Chain Database.
(2) National view.--The connection provided through the
National Supply Chain Database shall provide a national view of
the supply chain and enable the National Institute of Standards
and Technology to understand whether there is a need for some
manufacturers to retool in some key areas to meet the need of
urgent products, such as defense supplies, food, and medical
devices, including personal protective equipment.
(3) Individual state databases.--Each State's supply chain
database maintained by the NIST-recognized Manufacturing
Extension Partnership Center within the State shall be
complementary in design to the National Supply Chain Database.
(c) Maintenance of National Supply Chain Database.--The Hollings
Manufacturing Extension Partnership program or its designee shall
maintain the National Supply Chain Database as an integration of the
State level databases from each State's Manufacturing Extension
Partnership Center and may be populated with information from past,
current, or potential Center clients.
(d) Database Content.--
(1) In general.--The National Supply Chain Database may--
(A) provide basic company information;
(B) provide an overview of capabilities,
accreditations, and products;
(C) contain proprietary information; and
(D) include other items determined necessary by the
Director of the NIST.
(2) Searchable database.--The National Supply Chain
Database shall use the North American Industry Classification
System (NAICS) Codes as follows:
(A) Sector 31-33 - Manufacturing.
(B) Sector 54 - Professional, Scientific, and
Technical Services.
(C) Sector 48-49 - Transportation and Warehousing.
(3) Levels.--The National Supply Chain Database shall be
multi-leveled as follows:
(A) Level 1 shall have basic company information
and shall be available to the public.
(B) Level 2 shall have a deeper overview into
capabilities, products, and accreditations and shall be
available to all companies that contribute to the
database and agree to terms of mutual disclosure.
(C) Level 3 shall hold proprietary information.
(4) Exempt from public disclosure.--The National Supply
Chain Database and any information related to it not publicly
released by the NIST shall be exempt from public disclosure
under section 552 of title 5, United States Code, and access to
non-public content shall be limited to the contributing company
and Manufacturing Extension Partnership Center staff who sign
an appropriate non-disclosure agreement.
(e) Authorization of Appropriations.--There authorized to be
appropriated to the Director of the NIST $10,000,000 for fiscal year
2021 to develop and launch the National Supply Chain Database.
SEC. 1807. COORDINATION WITH HOLLINGS MANUFACTURING EXTENSION
PARTNERSHIP CENTERS.
Notwithstanding section 34(d)(2)(A)(iv) of the National Institute
for Standards and Technology Act (15 U.S.C. 278s(d)(2)(A)(iv)), each
Manufacturing USA Institute (established under subsection (d) of such
Act) shall, as appropriate, contract with a Hollings Manufacturing
Extension Partnership Center (established under section 25 of such Act)
in each State in which such Institute provides services, either
directly or through another such Center, to provide defense industrial
base-related outreach, technical assistance, workforce development, and
technology transfer assistance to small and medium-sized manufacturers.
No Center shall charge in excess of its standard rate for such
services. Funds received by a Center through such a contract shall not
constitute financial assistance under 25(e) of such Act.
SEC. 1808. COVID-19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT.
(a) Determination on Emergency Supplies and Relationship to State
and Local Efforts.--
(1) Determination.--For the purposes of section 101 of the
Defense Production Act of 1950 (50 U.S.C. 4511), the following
materials shall be deemed to be scarce and critical materials
essential to the national defense and otherwise meet the
requirements of section 101(b) of such Act during the COVID-19
emergency period:
(A) Diagnostic tests, including serological tests,
for COVID-19 and the reagents and other materials
necessary for producing or conducting such tests.
(B) Personal protective equipment, including face
shields, N-95 respirator masks, and any other masks
determined by the Secretary of Health and Human
Services to be needed to respond to the COVID-19
pandemic, and the materials to produce such equipment.
(C) Medical ventilators, the components necessary
to make such ventilators, and medicines needed to use a
ventilator as a treatment for any individual who is
hospitalized for COVID-19.
(D) Pharmaceuticals and any medicines determined by
the Food and Drug Administration or another Government
agency to be effective in treating COVID-19 (including
vaccines for COVID-19) and any materials necessary to
produce or use such pharmaceuticals or medicines
(including self-injection syringes or other delivery
systems).
(E) Any other medical equipment or supplies
determined by the Secretary of Health and Human
Services or the Secretary of Homeland Security to be
scarce and critical materials essential to the national
defense for purposes of section 101 of the Defense
Production Act of 1950 (50 U.S.C. 4511).
(2) Exercise of title i authorities in relation to
contracts by state and local governments.--In exercising
authorities under title I of the Defense Production Act of 1950
(50 U.S.C. 4511 et seq.) during the COVID-19 emergency period,
the President (and any officer or employee of the United States
to which authorities under such title I have been delegated)--
(A) may exercise the prioritization or allocation
authority provided in such title I to exclude any
materials described in paragraph (1) ordered by a State
or local government that are scheduled to be delivered
within 15 days of the time at which--
(i) the purchase order or contract by the
Federal Government for such materials is made;
or
(ii) the materials are otherwise allocated
by the Federal Government under the authorities
contained in such Act; and
(B) shall, within 24 hours of any exercise of the
prioritization or allocation authority provided in such
title I--
(i) notify any State or local government if
the exercise of such authorities would delay
the receipt of such materials ordered by such
government; and
(ii) take such steps as may be necessary to
ensure that such materials ordered by such
government are delivered in the shortest
possible period.
(3) Update to the federal acquisition regulation.--Not
later than 15 days after the date of the enactment of this Act,
the Federal Acquisition Regulation shall be revised to reflect
the requirements of paragraph (2)(A).
(b) Engagement With the Private Sector.--
(1) Sense of congress.--The Congress--
(A) appreciates the willingness of private
companies not traditionally involved in producing items
for the health sector to volunteer to use their
expertise and supply chains to produce essential
medical supplies and equipment;
(B) encourages other manufacturers to review their
existing capacity and to develop capacity to produce
essential medical supplies, medical equipment, and
medical treatments to address the COVID-19 emergency;
and
(C) commends and expresses deep appreciation to
individual citizens who have been producing personal
protective equipment and other materials for, in
particular, use at hospitals in their community.
(2) Outreach representative.--
(A) Designation.--Consistent with the authorities
in title VII of the Defense Production Act of 1950 (50
U.S.C. 4551 et seq.), the Administrator of the Federal
Emergency Management Agency, in consultation with the
Secretary of Health and Human Services, shall designate
or shall appoint, pursuant to section 703 of such Act
(50 U.S.C. 4553), an individual to be known as the
``Outreach Representative''. Such individual shall--
(i) be appointed from among individuals
with substantial experience in the private
sector in the production of medical supplies or
equipment; and
(ii) act as the Government-wide single
point of contact during the COVID-19 emergency
for outreach to manufacturing companies and
their suppliers who may be interested in
producing medical supplies or equipment,
including the materials described under
subsection (a).
(B) Encouraging partnerships.--The Outreach
Representative shall seek to develop partnerships
between companies, in coordination with the Supply
Chain Stabilization Task Force or any overall
coordinator appointed by the President to oversee the
response to the COVID-19 emergency, including through
the exercise of the authorities under section 708 of
the Defense Production Act of 1950 (50 U.S.C. 4558).
(c) Enhancement of Supply Chain Production.--In exercising
authority under title III of the Defense Production Act of 1950 (50
U.S.C. 4531 et seq.) with respect to materials described in subsection
(a), the President shall seek to ensure that support is provided to
companies that comprise the supply chains for reagents, components, raw
materials, and other materials and items necessary to produce or use
the materials described in subsection (a).
(d) Oversight of Current Activity and Needs.--
(1) Response to immediate needs.--
(A) In general.--Not later than 7 days after the
date of the enactment of this Act, the President, in
coordination with the National Response Coordination
Center of the Federal Emergency Management Agency, the
Administrator of the Defense Logistics Agency, the
Secretary of Health and Human Services, the Secretary
of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the
appropriate congressional committees a report assessing
the immediate needs described in subparagraph (B) to
combat the COVID-19 pandemic and the plan for meeting
those immediate needs.
(B) Assessment.--The report required by this
paragraph shall include--
(i) an assessment of the needs for medical
supplies or equipment necessary to address the
needs of the population of the United States
infected by the virus SARS-CoV-2 that causes
COVID-19 and to prevent an increase in the
incidence of COVID-19 throughout the United
States, including diagnostic tests, serological
tests, medicines that have been approved by the
Food and Drug Administration to treat COVID-19,
and ventilators and medicines needed to employ
ventilators;
(ii) based on meaningful consultations with
relevant stakeholders, an identification of the
target rate of diagnostic testing for each
State and an assessment of the need for
personal protective equipment and other
supplies (including diagnostic tests) required
by--
(I) health professionals, health
workers, and hospital staff including
supplies needed for worst case
scenarios for surges of COVID-19
infections and hospitalizations;
(II) workers in industries and
sectors described in the ``Advisory
Memorandum on Identification of
Essential Critical Infrastructure
Workers during the COVID-19 Response''
issued by the Director of Cybersecurity
and Infrastructure Security Agency of
the Department of Homeland Security on
April 17, 2020 (and any expansion of
industries and sectors included in
updates to such advisory memorandum);
(III) students, teachers, and
administrators at primary and secondary
schools; and
(IV) other workers determined to be
essential based on such consultation;
(iii) an assessment of the quantities of
equipment and supplies in the Strategic
National Stockpile (established under section
319F-2 of the Public Health Service Act ((42
U.S.C. 247d-6b(a)(1))) as of the date of the
report, and the projected gap between the
quantities of equipment and supplies identified
as needed in the assessment under clauses (i)
and (ii) and the quantities in the Strategic
National Stockpile;
(iv) an identification of the industry
sectors and manufacturers most ready to fulfill
purchase orders for such equipment and supplies
(including manufacturers that may be
incentivized) through the exercise of authority
under section 303(e) of the Defense Production
Act of 1950 (50 U.S.C. 4533(e)) to modify,
expand, or improve production processes to
manufacture such equipment and supplies to
respond immediately to a need identified in
clause (i) or (ii);
(v) an identification of Government-owned
and privately-owned stockpiles of such
equipment and supplies not included in the
Strategic National Stockpile that could be
repaired or refurbished;
(vi) an identification of previously
distributed critical supplies that can be
redistributed based on current need;
(vii) a description of any exercise of the
authorities described under paragraph (1)(E) or
(2)(A) of subsection (a); and
(viii) an identification of critical areas
of need, by county and by areas identified by
the Indian Health Service, in the United States
and the metrics and criteria for identification
as a critical area.
(C) Plan.--The report required by this paragraph
shall include a plan for meeting the immediate needs to
combat the COVID-19 pandemic, including the needs
described in subparagraph (B). Such plan shall
include--
(i) each contract the Federal Government
has entered into to meet such needs, including
the purpose of each contract, the type and
amount of equipment, supplies, or services to
be provided under the contract, the entity
performing such contract, and the dollar amount
of each contract;
(ii) each contract that the Federal
Government intends to enter into within 14 days
after submission of such report, including the
information described in subparagraph (B) for
each such contract; and
(iii) whether any of the contracts
described in clause (i) or (ii) have or will
have a priority rating under the Defense
Production Act of 1950 (50 U.S.C. 4501 et
seq.), including purchase orders pursuant to
Department of Defense Directive 4400.1 (or any
successor directive), subpart A of part 101 of
title 45, Code of Federal Regulations, or any
other applicable authority.
(D) Additional requirements.--The report required
by this paragraph, and each update required by
subparagraph (E), shall include--
(i) any requests for equipment and supplies
from State or local governments and Indian
Tribes, and an accompanying list of the
employers and unions consulted in developing
these requests;
(ii) any modeling or formulas used to
determine allocation of equipment and supplies,
and any related chain of command issues on
making final decisions on allocations;
(iii) the amount and destination of
equipment and supplies delivered;
(iv) an explanation of why any portion of
any contract described under subparagraph (C),
whether to replenish the Strategic National
Stockpile or otherwise, will not be filled;
(v) of products procured under such
contract, the percentage of such products that
are used to replenish the Strategic National
Stockpile, that are targeted to COVID-19
hotspots, and that are used for the commercial
market;
(vi) a description of the range of prices
for goods described in subsection (a), or other
medical supplies and equipment that are subject
to shortages, purchased by the United States
Government, transported by the Government, or
otherwise known to the Government, which shall
also identify all such prices that exceed the
prevailing market prices of such goods prior to
March 1, 2020, and any actions taken by the
Government under section 102 of the Defense
Production Act of 1950 or similar provisions of
law to prevent hoarding of such materials and
charging of such increased prices between March
1, 2020, and the date of the submission of the
first report required by this paragraph, and,
for all subsequent reports, within each
reporting period;
(vii) metrics, formulas, and criteria used
to determine COVID-19 hotspots or areas of
critical need for a State, county, or an area
identified by the Indian Health Service;
(viii) production and procurement
benchmarks, where practicable; and
(ix) results of the consultation with the
relevant stakeholders required by subparagraph
(B)(ii).
(E) Updates.--The President, in coordination with
the National Response Coordination Center of the
Federal Emergency Management Agency, the Administrator
of the Defense Logistics Agency, the Secretary of
Health and Human Services, the Secretary of Veterans
Affairs, and heads of other Federal agencies (as
appropriate), shall update such report every 14 days.
(F) Public availability.--The President shall make
the report required by this paragraph and each update
required by subparagraph (E) available to the public,
including on a Government website.
(2) Response to longer-term needs.--
(A) In general.--Not later than 14 days after the
date of enactment of this Act, the President, in
coordination with the National Response Coordination
Center of the Federal Emergency Management Agency, the
Administrator of the Defense Logistics Agency, the
Secretary of Health and Human Services, the Secretary
of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the
appropriate congressional committees a report
containing an assessment of the needs described in
subparagraph (B) to combat the COVID-19 pandemic and
the plan for meeting such needs during the 6-month
period beginning on the date of submission of the
report.
(B) Assessment.--The report required by this
paragraph shall include--
(i) an assessment of the elements describe
in clauses (i) through (v) and clause (viii) of
paragraph (1)(B);
(ii) an assessment of needs related to
COVID-19 vaccines;
(iii) an assessment of the manner in which
the Defense Production Act of 1950 could be
exercised to increase services related to
health surveillance to ensure that the
appropriate level of contact tracing related to
detected infections is available throughout the
United States to prevent future outbreaks of
COVID-19 infections; and
(iv) an assessment of any additional
services needed to address the COVID-19
pandemic.
(C) Plan.--The report required by this paragraph
shall include a plan for meeting the longer-term needs
to combat the COVID-19 pandemic, including the needs
described in subparagraph (B). This plan shall
include--
(i) a plan to exercise authorities under
the Defense Production Act of 1950 (50 U.S.C.
4501 et seq.) necessary to increase the
production of the medical equipment, supplies,
and services that are essential to meeting the
needs identified in subparagraph (B), including
the number of N-95 respirator masks and other
personal protective equipment needed, based on
meaningful consultations with relevant
stakeholders, by the private sector to resume
economic activity and by the public and
nonprofit sectors to significantly increase
their activities;
(ii) results of the consultations with the
relevant stakeholders required by clause (i);
(iii) an estimate of the funding and other
measures necessary to rapidly expand
manufacturing production capacity for such
equipment and supplies, including--
(I) any efforts to expand, retool,
or reconfigure production lines;
(II) any efforts to establish new
production lines through the purchase
and installation of new equipment; or
(III) the issuance of additional
contracts, purchase orders, purchase
guarantees, or other similar measures;
(iv) each contract the Federal Government
has entered into to meet such needs or expand
such production, the purpose of each contract,
the type and amount of equipment, supplies, or
services to be provided under the contract, the
entity performing such contract, and the dollar
amount of each contract;
(v) each contract that the Federal
Government intends to enter into within 14 days
after submission of such report, including the
information described in clause (iv) for each
such contract;
(vi) whether any of the contracts described
in clause (iv) or (v) have or will have a
priority rating under the Defense Production
Act of 1950 (50 U.S.C. 4501 et seq.), including
purchase orders pursuant to Department of
Defense Directive 4400.1 (or any successor
directive), subpart A of part 101 of title 45,
Code of Federal Regulations, or any other
applicable authority; and
(vii) the manner in which the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.)
could be used to increase services necessary to
combat the COVID-19 pandemic, including
services described in subparagraph (B)(ii).
(D) Updates.--The President, in coordination with
the National Response Coordination Center of the
Federal Emergency Management Agency, the Administrator
of the Defense Logistics Agency, the Secretary of
Health and Human Services, the Secretary of Veterans
Affairs, and heads of other Federal agencies (as
appropriate), shall update such report every 14 days.
(E) Public availability.--The President shall make
the report required by this subsection and each update
required by subparagraph (D) available to the public,
including on a Government website.
(3) Report on exercising authorities under the defense
production act of 1950.--
(A) In general.--Not later than 14 days after the
date of the enactment of this Act, the President, in
consultation with the Administrator of the Federal
Emergency Management Agency, the Secretary of Defense,
and the Secretary of Health and Human Services, shall
submit to the appropriate congressional committees a
report on the exercise of authorities under titles I,
III, and VII of the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.) prior to the date of such report.
(B) Contents.--The report required under
subparagraph (A) and each update required under
subparagraph (C) shall include, with respect to each
exercise of such authority--
(i) an explanation of the purpose of the
applicable contract, purchase order, or other
exercise of authority (including an allocation
of materials, services, and facilities under
section 101(a)(2) of the Defense Production Act
of 1950 (50 U.S.C. 4511(a)(2));
(ii) the cost of such exercise of
authority; and
(iii) if applicable--
(I) the amount of goods that were
purchased or allocated;
(II) an identification of the
entity awarded a contract or purchase
order or that was the subject of the
exercise of authority; and
(III) an identification of any
entity that had shipments delayed by
the exercise of any authority under the
Defense Production Act of 1950 (50
U.S.C. 4501 et seq.).
(C) Updates.--The President shall update the report
required under subparagraph (A) every 14 days.
(D) Public availability.--The President shall make
the report required by this subsection and each update
required by subparagraph (C) available to the public,
including on a Government website.
(4) Quarterly reporting.--The President shall submit to
Congress, and make available to the public (including on a
Government website), a quarterly report detailing all
expenditures made pursuant to titles I, III, and VII of the
Defense Production Act of 1950 50 U.S.C. 4501 et seq.).
(5) Exercise of loan authorities.--
(A) In general.--Any loan made pursuant to section
302 or 303 of the Defense Production Act of 1950,
carried out by the International Development Finance
Corporation pursuant to the authorities delegated by
Executive Order No. 13922, shall be subject to the
notification requirements contained in section 1446 of
the BUILD Act of 2018 (22 U.S.C. 9656).
(B) Appropriate congressional committees.--For
purposes of the notifications required by subparagraph
(A), the term ``appropriate congressional committees'',
as used section 1446 of the BUILD Act of 2018, shall be
deemed to include the Committee on Financial Services
of the House of Representatives and the Committee on
Banking, Housing and Urban Development of the Senate.
(6) Sunset.--The requirements of this subsection shall
terminate on the later of--
(A) December 31, 2021; or
(B) the end of the COVID-19 emergency period.
(e) Enhancements to the Defense Production Act of 1950.--
(1) Health emergency authority.--Section 107 of the Defense
Production Act of 1950 (50 U.S.C. 4517) is amended by adding at
the end the following:
``(c) Health Emergency Authority.--With respect to a public health
emergency declaration by the Secretary of Health and Human Services
under section 319 of the Public Health Service Act, or preparations for
such a health emergency, the Secretary of Health and Human Services and
the Administrator of the Federal Emergency Management Agency are
authorized to carry out the authorities provided under this section to
the same extent as the President.''.
(2) Emphasis on business concerns owned by women,
minorities, veterans, and native americans.--Section 108 of the
Defense Production Act of 1950 (50 U.S.C. 4518) is amended--
(A) in the heading, by striking ``modernization of
small business suppliers'' and inserting ``small
business participation and fair inclusion'';
(B) by amending subsection (a) to read as follows:
``(a) Participation and Inclusion.--
``(1) In general.--In providing any assistance under this
Act, the President shall accord a strong preference for
subcontractors and suppliers that are--
``(A) small business concerns; or
``(B) businesses of any size owned by women,
minorities, veterans, and the disabled.
``(2) Special consideration.--To the maximum extent
practicable, the President shall accord the preference
described under paragraph (1) to small business concerns and
businesses described in paragraph (1)(B) that are located in
areas of high unemployment or areas that have demonstrated a
continuing pattern of economic decline, as identified by the
Secretary of Labor.''; and
(C) by adding at the end the following:
``(c) Minority Defined.--In this section, the term `minority'--
``(1) has the meaning given the term in section 308(b) of
the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989; and
``(2) includes any indigenous person in the United States,
including any territories of the United States.''.
(3) Additional information in annual report.--Section
304(f)(3) of the Defense Production Act of 1950 (50 U.S.C.
4534(f)(3)) is amended by striking ``year.'' and inserting
``year, including the percentage of contracts awarded using
Fund amounts to each of the groups described in section
108(a)(1)(B) (and, with respect to minorities, disaggregated by
ethnic group), and the percentage of the total amount expended
during such fiscal year on such contracts.''.
(4) Definition of national defense.--Section 702(14) of the
Defense Production Act of 1950 is amended by striking ``and
critical infrastructure protection and restoration'' and
inserting ``, critical infrastructure protection and
restoration, and health emergency preparedness and response
activities''.
(f) Securing Essential Medical Materials.--
(1) Statement of policy.--Section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. 4502) is amended--
(A) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) authorities under this Act should be used when
appropriate to ensure the availability of medical materials
essential to national defense, including through measures
designed to secure the drug supply chain, and taking into
consideration the importance of United States competitiveness,
scientific leadership and cooperation, and innovative
capacity;''.
(2) Strengthening domestic capability.--Section 107 of the
Defense Production Act of 1950 (50 U.S.C. 4517) is amended--
(A) in subsection (a), by inserting ``(including
medical materials)'' after ``materials''; and
(B) in subsection (b)(1), by inserting ``(including
medical materials such as drugs to diagnose, cure,
mitigate, treat, or prevent disease that essential to
national defense)'' after ``essential materials''.
(3) Strategy on securing supply chains for medical
articles.--Title I of the Defense Production Act of 1950 (50
U.S.C. 4511 et seq.) is amended by adding at the end the
following:
``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the President, in consultation with the
Secretary of Health and Human Services, the Secretary of Commerce, the
Secretary of Homeland Security, and the Secretary of Defense, shall
transmit a strategy to the appropriate Members of Congress that
includes the following:
``(1) A detailed plan to use the authorities under this
title and title III, or any other provision of law, to ensure
the supply of medical materials (including drugs to diagnose,
cure, mitigate, treat, or prevent disease) essential to
national defense, to the extent necessary for the purposes of
this Act.
``(2) An analysis of vulnerabilities to existing supply
chains for such medical articles, and recommendations to
address the vulnerabilities.
``(3) Measures to be undertaken by the President to
diversify such supply chains, as appropriate and as required
for national defense; and
``(4) A discussion of--
``(A) any significant effects resulting from the
plan and measures described in this subsection on the
production, cost, or distribution of vaccines or any
other drugs (as defined under section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321));
``(B) a timeline to ensure that essential
components of the supply chain for medical materials
are not under the exclusive control of a foreign
government in a manner that the President determines
could threaten the national defense of the United
States; and
``(C) efforts to mitigate any risks resulting from
the plan and measures described in this subsection to
United States competitiveness, scientific leadership,
and innovative capacity, including efforts to cooperate
and proactively engage with United States allies.
``(b) Progress Report.--Following submission of the strategy under
subsection (a), the President shall submit to the appropriate Members
of Congress an annual progress report evaluating the implementation of
the strategy, and may include updates to the strategy as appropriate.
The strategy and progress reports shall be submitted in unclassified
form but may contain a classified annex.
``(c) Appropriate Members of Congress.--The term `appropriate
Members of Congress' means the Speaker, majority leader, and minority
leader of the House of Representatives, the majority leader and
minority leader of the Senate, the Chairman and Ranking Member of the
Committees on Armed Services and Financial Services of the House of
Representatives, and the Chairman and Ranking Member of the Committees
on Armed Services and Banking, Housing, and Urban Affairs of the
Senate.''.
(g) GAO Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on ensuring that
the United States Government has access to the medical supplies
and equipment necessary to respond to future pandemics and
public health emergencies, including recommendations with
respect to how to ensure that the United States supply chain
for diagnostic tests (including serological tests), personal
protective equipment, vaccines, and therapies is better
equipped to respond to emergencies, including through the use
of funds in the Defense Production Act Fund under section 304
of the Defense Production Act of 1950 (50 U.S.C. 4534) to
address shortages in that supply chain.
(2) Review of assessment and plan.--
(A) In general.--Not later than 30 days after each
of the submission of the reports described in
paragraphs (1) and (2) of subsection (d), the
Comptroller General of the United States shall submit
to the appropriate congressional committees an
assessment of such reports, including identifying any
gaps and providing any recommendations regarding the
subject matter in such reports.
(B) Monthly review.--Not later than a month after
the submission of the assessment under subparagraph
(A), and monthly thereafter, the Comptroller General
shall issue a report to the appropriate congressional
committees with respect to any updates to the reports
described in paragraph (1) and (2) of subsection (d)
that were issued during the previous 1-month period,
containing an assessment of such updates, including
identifying any gaps and providing any recommendations
regarding the subject matter in such updates.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Appropriations, Armed Services, Energy and Commerce,
Financial Services, Homeland Security, and Veterans' Affairs of
the House of Representatives and the Committees on
Appropriations, Armed Services, Banking, Housing, and Urban
Affairs, Health, Education, Labor, and Pensions, Homeland
Security and Governmental Affairs, and Veterans' Affairs of the
Senate.
(2) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period beginning on the date of
enactment of this Act and ending after the end of the incident
period for the emergency declared on March 13, 2020, by the
President under Section 501 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.)
relating to the Coronavirus Disease 2019 (COVID-19) pandemic.
(3) Relevant stakeholder.--The term ``relevant
stakeholder'' means--
(A) representative private sector entities;
(B) representatives of the nonprofit sector;
(C) representatives of primary and secondary school
systems; and
(D) representatives of labor organizations
representing workers, including unions that represent
health workers, manufacturers, teachers, other public
sector employees, and service sector workers.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
SEC. 1809. PROHIBITION ON PROVISION OF GRANT FUNDS TO ENTITIES THAT
HAVE VIOLATED INTELLECTUAL PROPERTY RIGHTS OF UNITED
STATES ENTITIES.
(a) Amendment.--Section 47110 of title 49, United States Code, is
amended by adding at the end the following:
``(j) Prohibition on Provision of Grant Funds to Entities That Have
Violated Intellectual Property Rights of United States Entities.--
``(1) In general.--Beginning on the date that is 30 days
after the date of the enactment of this subsection, amounts
provided as project grants under this subchapter may not be
used to enter into a contract described in paragraph (2) with
any entity on the list required by paragraph (3).
``(2) Contract described.--A contract described in this
paragraph is a contract or other agreement for the procurement
of infrastructure or equipment for a passenger boarding bridge
at an airport.
``(3) List required.--
``(A) In general.--Not later than 30 days after the
date of the enactment of this section, and thereafter
as required by subparagraphs (B) and (C), the
Administrator of the Federal Aviation Administration
shall, based on information provided by the United
States Trade Representative and the Attorney General,
make available to the public a list of entities that--
``(i)(I) are owned or controlled by, or
receive subsidies from, the government of a
country--
``(aa) identified by the Trade
Representative under subsection (a)(1)
of section 182 of the Trade Act of 1974
(19 U.S.C. 2242) in the most recent
report required by that section; and
``(bb) subject to monitoring by the
Trade Representative under section 306
of the Trade Act of 1974 (19 U.S.C.
2416); and
``(II) have been determined by a Federal
court to have misappropriated intellectual
property or trade secrets from an entity
organized under the laws of the United States
or any jurisdiction within the United States;
or
``(ii) own or control, are owned or
controlled by, are under common ownership or
control with, or are successors to, an entity
described in clause (i).
``(B) Updates to list.--The Administrator shall
update the list required by subparagraph (A), based on
information provided by the Trade Representative and
the Attorney General--
``(i) not less frequently than every 90
days during the 180-day period following the
initial publication of the list under
subparagraph (A); and
``(ii) not less frequently than annually
during the 5-year period following the 180-day
period described in clause (i).
``(C) Continuation of requirement to update list.--
``(i) In general.--Not later than the end
of the 5-year period described in subparagraph
(B)(ii), the Administrator shall make a
determination with respect to whether
continuing to update the list required by
subparagraph (A) is necessary to carry out this
subsection.
``(ii) Effect of determination that updates
are necessary.--If the Administrator determines
under clause (i) that continuing to update the
list required by subparagraph (A) is necessary,
the Administrator shall continue to update the
list, based on information provided by the
Trade Representative and the Attorney General,
not less frequently than annually.
``(iii) Effect of determination that
updates are not necessary.--If the
Administrator determines under clause (i) that
continuing to update the list required by
subparagraph (A) is not necessary, the
Administrator shall, not later than 90 days
after making the determination, submit to
Congress a report on the determination and the
reasons for the determination.''.
(b) Sunset.--The amendment made by subsection (a) shall not have
any force or effect on and after September 30, 2023.
SEC. 1810. DISCLOSURE OF IMPORTS FROM THE XINJIANG UYGHUR AUTONOMOUS
REGION.
(a) In General.--The Secretary of Defense shall issue rules to
require each company that produces or imports manufactured goods sold
in the military commissary and exchange systems to file an annual
report with the Secretary to disclose--
(1) whether any of such goods were--
(A) imported, directly or indirectly, from an
entity that manufactures goods, including electronics,
food products, textiles, shoes, and teas, that
originated in the XUAR; or
(B) manufactured with materials that originated or
are sourced in the XUAR; and
(2) with respect to any goods or materials described under
subparagraph (A) or (B) of paragraph (1)--
(A) whether the goods or materials originated in
forced labor camps; and
(B) whether the company or any affiliate of the
company intends to continue with such importation.
(b) GAO Report.--The Comptroller General of the United States shall
periodically evaluate and report to Congress on the effectiveness of
the disclosures required under subsection (a).
(c) Definitions.--In this section:
(1) Forced labor camp.--The term ``forced labor camp''
means--
(A) any entity engaged in the ``pairing
assistance'' program which subsidizes the establishment
of manufacturing facilities in XUAR;
(B) any entity using convict labor, forced labor,
or indentured labor described under section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307); and
(C) any other entity that the Secretary of Defense
determines is appropriate.
(2) XUAR.--The term ``XUAR'' means the Xinjiang Uyghur
Autonomous Region.
SEC. 1811. TED STEVENS CENTER FOR ARCTIC SECURITY STUDIES.
(a) Plan Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
congressional defense committees a plan to establish a
Department of Defense Regional Center for Security Studies for
the Arctic.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A description of the benefits of establishing
such a center, including the manner in which the
establishment of such a center would benefit United
States and Department interests in the Arctic region.
(B) A description of the mission and purpose of
such a center, including specific policy guidance from
the Office of the Secretary of Defense.
(C) An analysis of suitable reporting relationships
with the applicable combatant commands.
(D) An assessment of suitable locations for such a
center that are--
(i) in proximity to other academic
institutions that study security implications
with respect to the Arctic region;
(ii) in proximity to the designated lead
for Arctic affairs of the United States
Northern Command;
(iii) in proximity to a central hub of
assigned Arctic-focused Armed Forces so as to
suitably advance relevant professional
development of skills unique to the Arctic
region; and
(iv) in a State located outside the
contiguous United States.
(E) A description of the establishment and
operational costs of such a center, including for--
(i) military construction for required
facilities;
(ii) facility renovation;
(iii) personnel costs for faculty and
staff; and
(iv) other costs the Secretary considers
appropriate.
(F) An evaluation of the existing infrastructure,
resources, and personnel available at military
installations and at universities and other academic
institutions hat could reduce the costs described in
accordance with subparagraph (E).
(G) An examination of partnership opportunities
with United States allies and partners for potential
collaboration and burden sharing.
(H) A description of potential courses and programs
that such a center could carry out, including--
(i) core, specialized, and advanced
courses;
(ii) potential planning workshops;
(iii) seminars;
(iv) confidence-building initiatives; and
(v) academic research.
(I) A description of any modification to title 10,
United States Code, necessary for the effective
operation of such a center.
(3) Form.--The plan required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Establishment.--
(1) In general.--Not earlier than 30 days after the
submittal of the plan required by subsection (a), and subject
to the availability of appropriations, the Secretary of Defense
may establish and administer a Department of Defense Regional
Center for Security Studies for the Arctic, to be known as the
``Ted Stevens Center for Arctic Security Studies'', for the
purpose described in section 342(a) of title 10, United States
Code.
(2) Location.--The Ted Stevens Center for Arctic Security
Studies may be located--
(A) in proximity to other academic institutions
that study security implications with respect to the
Arctic region;
(B) in proximity to the designated lead for Arctic
affairs of the United States Northern Command; and
(C) in proximity to a central hub of assigned
Arctic-focused Armed Forces so as to suitably advance
relevant professional development of skills unique to
the Arctic region.
SEC. 1812. PAYMENTS FOR PRIVATE EDUCATION LOAN BORROWERS, AS A RESULT
OF COVID-19.
(a) Relief for Covered Borrowers as a Result of the COVID-19
National Emergency.--
(1) Student loan relief as a result of the covid-19
national emergency.--The Secretary of the Treasury shall carry
out a program under which the Secretary shall make payments, on
behalf of a covered borrower, with respect to the private
education loans of such borrower.
(2) Payment amount.--Payments made under paragraph (1) with
respect to a covered borrower shall be in an amount equal to
the lesser of--
(A) the total amount of each private education loan
of the borrower; or
(B) $10,000.
(3) Notification of borrowers.--Not later than 15 days
following the date of enactment of this subsection, the
Secretary shall notify each covered borrower of--
(A) the requirements to make payments under this
section; and
(B) the opportunity for such borrower to make an
election under paragraph (4)(A) with respect to the
application of such payments to the private education
loans of such borrower.
(4) Distribution of funding.--
(A) Election by borrower.--Not later than 45 days
after a notice is sent under paragraph (3), a covered
borrower may elect to apply the payments made under
this subsection with respect to such borrower under
paragraph (1) to any private education loan of the
borrower.
(B) Automatic payment.--
(i) In general.--In the case of a covered
borrower who does not make an election under
subparagraph (A) before the date described in
such subparagraph, the Secretary shall apply
the amount determined with respect to such
borrower under paragraph (1) in order of the
private education loan of the borrower with the
highest interest rate.
(ii) Equal interest rates.--In case of two
or more private education loans described in
clause (i) with equal interest rates, the
Secretary shall apply the amount determined
with respect to such borrower under paragraph
(1) first to the loan with the highest
principal.
(5) Data to implement.--Holders and servicers of private
education loans made to covered borrowers shall report, to the
satisfaction of the Secretary, the information necessary to
calculate the amount to be paid under this subsection.
(6) Ratable reduction.--To the extent that amounts
appropriated to carry out this section are insufficient to
fully comply with the payments required under paragraph (2),
the Secretary shall distribute available funds by ratably
reducing the amounts required to be paid under such paragraph.
(b) Additional Protections for Covered Borrowers.--
(1) Loan modification after payment.--Each private
education loan holder who receives a payment pursuant to
subsection (a) shall, before the first payment due on the
private education loan after the receipt of such payment (and
taking into account any suspension of payments that may be
required under any other provision of law), modify the loan,
based on the payment made under subsection (a), to lower
monthly payments due on the loan. Such modification may take
the form of a re-amortization, a lowering of the applicable
interest rate, or any other modification that would lower such
payments.
(2) Repayment plan and forgiveness terms.--Each private
education loan holder who receives a payment pursuant to
subsection (a) shall modify all private education loan
contracts with respect to covered borrowers that it holds to
provide for the same repayment plan and forgiveness terms
available to Direct Loans borrowers under section 685.209(c) of
title 34, Code of Federal Regulations, in effect as of January
1, 2020.
(3) Treatment of state statutes of limitation.--For a
covered borrower who has defaulted on a private education loan
under the terms of the promissory note prior to any loan
payment made under subsection (a), no payment made under such
subsection shall be considered an event that impacts the
calculation of the applicable State statutes of limitation.
(4) Prohibition on pressuring borrowers.--
(A) In general.--A private education loan debt
collector or creditor may not pressure a covered
borrower to elect to apply any amount received pursuant
to subsection (a) to any private education loan.
(B) Violations.--A violation of this paragraph is
deemed--
(i) an unfair, deceptive, or abusive act or
practice under Federal law in connection with
any transaction with a consumer for a consumer
financial product or service under section 1031
of the Consumer Financial Protection Act of
2010 (12 U.S.C. 5531); and
(ii) with respect to a violation by a debt
collector, an unfair or unconscionable means to
collect or attempt to collect any debt under
section 808 of the Federal Debt Collection
Practices Act (15 U.S.C. 1692f).
(C) Pressure defined.--In this paragraph, the term
``pressure'' means any communication, recommendation,
or other similar communication, other than providing
basic information about a borrower's options, urging a
borrower to make an election described under subsection
(a).
(c) Definitions.--In this section:
(1) Covered borrower.--The term ``covered borrower'' means
a borrower of a private education loan.
(2) Fair debt collection practices act terms.--The terms
``creditor'' and ``debt collector'' have the meaning given
those terms, respectively, under section 803 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692a).
(3) Private education loan.--The term ``private education
loan'' has the meaning given the term in section 140 of the
Truth in Lending Act (15 U.S.C. 1650).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
Subtitle F--Semiconductor Manufacturing Incentives
SEC. 1821. SEMICONDUCTOR INCENTIVE GRANTS.
(a) Definitions.--In this section--
(1) the term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Commerce, Science, and Transportation, the
Committee on Foreign Relations, the Committee on Armed
Services, the Committee on Appropriations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Energy and Commerce, the Committee on
Foreign Affairs, the Committee on Armed Services, the
Committee on Science, Space, and Technology, the
Committee on Appropriations, the Committee on Financial
Services, and the Committee on Homeland Security of the
House of Representatives;
(2) the term ``covered entity'' means a private entity, a
consortium of private entities, or a consortium of public and
private entities with a demonstrated ability to construct,
expand, or modernize a facility relating to the fabrication,
assembly, testing, advanced packaging, or advanced research and
development of semiconductors;
(3) the term ``covered incentive'' means an incentive
offered by a governmental entity to a covered entity for the
purposes of constructing within the jurisdiction of the
governmental entity, or expanding or modernizing an existing
facility within that jurisdiction, a facility described in
paragraph (2);
(4) the term ``governmental entity'' means a State or local
government;
(5) the term ``Secretary'' means the Secretary of Commerce;
and
(6) the term ``semiconductor'' has the meaning given the
term by the Secretary.
(b) Grant Program.--
(1) In general.--The Secretary shall establish in the
Department of Commerce a program that, in accordance with the
requirements of this section, provides grants to covered
entities to incentivize investment of semiconductor fabrication
facilities, or assembly, testing, advanced packaging, or
advanced research and development of semiconductors in the
United States.
(2) Procedure.--
(A) In general.--A covered entity shall submit to
the Secretary an application that describes the project
for which the covered entity is seeking a grant under
this section.
(B) Eligibility.--In order for a covered entity to
qualify for a grant under this section, the covered
entity shall demonstrate to the Secretary, in the
application submitted by the covered entity under
subparagraph (A), that--
(i) the covered entity has a documented
interest in constructing, expanding, or
modernizing a facility described in subsection
(a)(2); and
(ii) with respect to the project described
in clause (i), the covered entity has--
(I) been offered a covered
incentive;
(II) made commitments to worker and
community investment, including
through--
(aa) training and education
benefits paid by the covered
entity; and
(bb) programs to expand
employment opportunity for
economically disadvantaged
individuals; and
(III) secured commitments from
regional educational and training
entities and institutions of higher
education to provide workforce
training, including programming for
training and job placement of
economically disadvantaged individuals.
(C) Considerations for review.--With respect to the
review by the Secretary of an application submitted by
a covered entity under subparagraph (A)--
(i) the Secretary may not approve the
application unless the Secretary--
(I) confirms that the covered
entity has satisfied the eligibility
criteria under subparagraph (B);
(II) determines that the project to
which the application relates is in the
interest of the United States; and
(III) has notified the appropriate
committees of congress 15 days before
making any commitment to provide a
grant to any covered entity that
exceeds $10,000,000; and
(ii) the Secretary may consider whether--
(I) the covered entity has
previously received a grant made under
this subsection;
(II) the governmental entity
offering the applicable covered
incentive has benefitted from a grant
previously made under this subsection;
and
(III) to the extent practicable,
the covered entity is considered a
small business concern, as defined
under section 3 of the Small Business
Act (15 U.S.C. 632), notwithstanding
section 121.103 of title 13, Code of
Federal Regulations.
(3) Amount.--The Secretary shall not award more than
$3,000,000,000 to a covered entity under this subsection.
(4) Use of funds.--A covered entity that receives a grant
under this subsection may only use the grant amounts to--
(A) finance the construction, expansion, or
modernization of a facility described in subsection
(a)(2), as documented in the application submitted by
the covered entity under paragraph (2)(A), or for
similar uses in state of practice and legacy
facilities, as determined necessary by the Secretary
for purposes relating to the national security and
economic competitiveness of the United States;
(B) support workforce development for the facility
described in subparagraph (A); or
(C) support site development for the facility
described in subparagraph (A).
(5) Clawback.--
(A) The Secretary shall recover the full amount
with interest of a grant provided to a covered entity
under this subsection if--
(i) as of the date that is 5 years after
the date on which the Secretary makes the
grant, the project to which the grant relates
has not been completed, except that the
Secretary may issue a waiver with respect to
the requirement under this subparagraph if the
Secretary determines that issuing such a waiver
is appropriate and in the interests of the
United States; or
(ii) during the applicable term with
respect to the grant, the covered entity
engages in any joint research or technology
licensing effort--
(I) with the Government of the
People's Republic of China, the
Government of the Russian Federation,
the Government of Iran, the Government
of North Korea, or other foreign entity
of concern; and
(II) that relates to a sensitive
technology or product, as determined by
the Secretary; and
(B) the Secretary shall recover up to the full
amount with interest of a grant provided to a covered
entity if the Secretary determines that commitments
required under paragraph (2) have not been fully
implemented, except that the Secretary may issue a
waiver with respect to the requirement under this
subparagraph if the Secretary determines that issuing
such a waiver is appropriate and in the interests of
the United States.
(c) Consultation and Coordination Required.--In carrying out the
program established under subsection (b), the Secretary shall consult
and coordinate with the Secretary of State and the Secretary of
Defense.
(d) Inspector General Reviews.--The Inspector General of the
Department of Commerce shall--
(1) not later than 2 years after the date of enactment of
this Act, and biennially thereafter until the date that is 10
years after that date of enactment, conduct a review of the
program established under subsection (b), which shall include,
at a minimum--
(A) a determination of the number of instances in
which grants were provided under that subsection during
the period covered by the review in violation of a
requirement of this section;
(B) an evaluation of how--
(i) the program is being carried out,
including how recipients of grants are being
selected under the program; and
(ii) other Federal programs are leveraged
for manufacturing, research, and training to
complement the grants awarded under the
program; and
(C) a description of the outcomes of projects
supported by grants made under the program, including a
description of--
(i) facilities described in subsection
(a)(2) that were constructed, expanded, or
modernized as a result of grants made under the
program;
(ii) research and development carried out
with grants made under the program; and
(iii) workforce training programs carried
out with grants made under the program,
including efforts to hire individuals from
disadvantaged populations; and
(2) submit to the appropriate committees of Congress the
results of each review conducted under paragraph (1).
SEC. 1822. DEPARTMENT OF COMMERCE STUDY ON STATUS OF SEMICONDUCTORS
TECHNOLOGIES IN THE UNITED STATES INDUSTRIAL BASE.
(a) In General.--Commencing not later than 120 days after the date
of the enactment of this Act, the Secretary of Commerce and the
Secretary of Homeland Security, in consultation with the Secretary of
Defense and the heads of other appropriate Federal departments and
agencies, shall undertake a review, which shall include a survey, using
authorities in section 705 of the Defense Production Act (50 U.S.C.
4555), to assess the capabilities of the United States industrial base
to support the national defense in light of the global nature of the
supply chain and significant interdependencies between the United
States industrial base and the industrial base of foreign countries
with respect to the manufacture, design, and end use of semiconductors.
(b) Response to Survey.--The Secretary shall ensure compliance with
the survey from among all relevant potential respondents, including the
following:
(1) Corporations, partnerships, associations, or any other
organized groups domiciled and with substantial operations in
the United States.
(2) Corporations, partnerships, associations, or any other
organized groups domiciled in the United States with operations
outside the United States.
(3) Foreign domiciled corporations, partnerships,
associations, or any other organized groups with substantial
operations or business presence in, or substantial revenues
derived from, the United States.
(c) Information Requested.--The information sought from a
responding entity pursuant to the survey required by subsection (a)
shall include, at minimum, information on the following with respect to
the manufacture, design, or end use of semiconductors by such entity:
(1) An identification of the geographic scope of
operations.
(2) Information on relevant cost structures.
(3) An identification of types of semiconductors
development, manufacture, assembly, test, and packaging
equipment in operation at such entity.
(4) An identification of all relevant intellectual
property, raw materials, and semi-finished goods and components
sourced domestically and abroad by such entity.
(5) Specifications of the semiconductors manufactured or
designed by such entity, descriptions of the end-uses of such
semiconductors, and a description of any technical support
provided to end-users of such semiconductors by such entity.
(6) Information on domestic and export market sales by such
entity.
(7) Information on the financial performance, including
income and expenditures, of such entity.
(8) A list of all foreign and domestic subsidies, and any
other financial incentives, received by such entity in each
market in which such entity operates.
(9) A list of regulatory or other informational requests
about the entities' operations, sales, or other proprietary
information by the Government of the People's Republic of
China, entities under its direction or officials of the CCP, a
description of the nature of the request, and the type of
information provided.
(10) Information on any joint ventures, technology
licensing agreements, and cooperative research or production
arrangements of such entity.
(11) A description of efforts by such entity to evaluate
and control supply chain risks it faces.
(12) A list and description of any sales, licensing
agreements, or partnerships between such entity and the
People's Liberation Army or People's Armed Police, including
any business relationships with entities through which such
sales, licensing agreements, or partnerships may occur.
(d) Report.--
(1) In general.--The Secretary of Commerce shall, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, and the heads of other appropriate Federal
departments and agencies, submit to Congress a report on the
results of the review required by subsection (a). The report
shall include the following:
(A) An assessment of the results of the survey.
(B) A list of critical technology areas impacted by
potential disruptions in production of semiconductors,
and a detailed description and assessment of the impact
of such potential disruptions on such areas.
(C) A description and assessment of gaps and
vulnerabilities in the semiconductors supply chain and
the national industrial supply base.
(2) Form.--The report required by paragraph (1) may be
submitted appropriate committees of Congress in classified
form.
SEC. 1823. FUNDING FOR DEVELOPMENT AND ADOPTION OF SECURE SEMICONDUCTOR
AND SECURE SEMICONDUCTOR SUPPLY CHAINS.
(a) Multilateral Semiconductor Security Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a trust fund, to be known as the
``Multilateral Semiconductor Security Fund'' (in this section
referred to as the ``Fund''), consisting of any appropriated
funds credited to the Fund.
(2) Purpose.--The purpose of the Fund shall be to work with
and support a variety of stakeholders, including governments,
businesses, academia, and civil society, and allies or partner
nations who are members of the Fund and are critical to the
global semiconductor supply chain in order to build safe and
secure semiconductor supply chains outside of and devoid of
entities from countries subject to a United States embargo.
Considerations for building safe and secure semiconductor
supply chains include, but are not limited to--
(A) relevant semiconductor designs;
(B) chemicals and materials relevant to the
semiconductor industry;
(C) semiconductor design tools;
(D) semiconductor manufacturing equipment; and
(E) basic and applied semiconductor research
capability.
(3) Restriction of use of funds.--
(A) Availability contingent on international
agreement.--Amounts in the Fund shall be available to
the Secretary of State, subject to appropriation, on
and after the date on which the Secretary enters into
an agreement with at least 5 other governments of
countries that are allies or partners of the United
States that are critical to the global semiconductor
supply chain to participate in the common funding
mechanism under subsection (b)(1) and the commitments
described in paragraph (2) of that subsection.
(B) Limitation.--At no point during fiscal years
2021 through 2030 shall a United States contribution
cause the cumulative total of United States
contributions to exceed 33 percent of the total
contributions to the Fund from all sources.
(C) Notification.--The Secretary of State shall
notify the appropriate congressional committees not
later than 15 days in advance of making a contribution
to the Fund, including--
(i) the amount of the proposed
contribution;
(ii) the total of funds contributed by
other donors; and
(iii) the national interests served by
United States participation in the Fund.
(D) Withholdings.--
(i) Support for acts of international
terrorism.--If at any time the Secretary of
State determines that the Fund has provided
assistance to a country, the government of
which the Secretary of State has determined,
for purposes of section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371) has
repeatedly provided support for acts of
international terrorism, the United States
shall immediately withhold contributions to the
Fund and cease participating in Fund
activities.
(ii) Support for embargoed countries.--If
at any time the Secretary of State determines
that the Fund, or any investments made by the
fund, has supported the semiconductor supply
chain of or an entity with a substantial nexus
to the semiconductor supply chain of a country
under a United States embargo, the United
States shall immediately withhold contributions
and no longer make any contributions until it
certifies that non-market economies do not
stand to benefit from investments made from the
Fund.
(iii) Excessive salaries.--If at any time
during any of the fiscal years 2021 through
2025, the Secretary of State determines that
the salary of any individual employed by the
Fund exceeds the salary of the Vice President
of the United States for that fiscal year, then
the United States should withhold from its
contribution for the next fiscal year an amount
equal to the aggregate amount by which the
salary of each such individual exceeds the
salary of the Vice President of the United
States.
(4) Ensuring permanent member status.--If at any time the
Secretary of State certifies that the United States does not
have a permanent representative to the Board of Trustees as
established in paragraph (6), the Secretary shall withhold
contributions to the Fund until the Secretary certifies that
the United States is given a permanent seat.
(5) Composition.--
(A) In general.--The Fund should be governed by a
Board of Trustees, to be composed of representatives of
participating allies and partners that are donors or
participants in the Fund. The Board of Trustees should
include--
(i) 5 permanent member countries, who
qualify based upon meeting an established
initial contribution threshold, whose
contributions should cumulatively be not less
than 50 percent of total contributions, and who
should hold veto power over programs and
projects; and
(ii) 5 term members, as appropriate, who
are selected by the permanent members on the
basis of their commitment to building a free
secure semiconductor supply chain.
(B) Qualifications.--Individuals appointed to the
Board shall have demonstrated knowledge and experience
in the fields of semiconductors, semiconductor
manufacturing, and supply chain management.
(C) United states representation.--
(i) In general.--
(I) Founding permanent member.--The
Secretary of State shall seek to
establish the United States as a
founding permanent member of the Fund.
(II) Coordinator of united states
government activities to advance
semiconductor supply chain security.--
The Secretary of State shall appoint an
individual qualified as according to
subparagraph (B) of this subsection to
represent the United States on the
Board of Trustees.
(ii) Effective and termination dates.--
(I) Effective date.--This paragraph
shall take effect upon the date the
Secretary of State, in coordination
with the Secretary of the Treasury,
certifies and transmits to Congress an
agreement establishing the Fund.
(II) Termination date.--The
membership established pursuant to
clause (i) shall terminate upon the
date of termination of the Fund.
(D) Removal procedures.--The Fund shall establish
procedures for the removal of member donors of the
Board who do not abide by the Fund's core objectives as
defined in paragraph (4) of this section.
(6) Availability of amounts.--
(A) In general.--Amounts in the Fund shall remain
available through the end of the 10th fiscal year
beginning after the date of the enactment of this Act.
(B) Remainder to treasury.--Any amounts remaining
in the Fund after the end of the fiscal year described
in subparagraph (A) shall be deposited in the general
fund of the Treasury.
(b) Common Funding Mechanism for Development and Adoption of Secure
Semiconductor and Secure Semiconductor Supply Chains.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Commerce, Secretary of Energy, the
Secretary of Defense, the Secretary of Homeland Security, the
Secretary of the Treasury, and the Director of National
Intelligence, shall seek to establish a common funding
mechanism, in coordination with the governments of countries
that are Members of the Fund, that uses amounts from the Fund,
and amounts committed by such governments, to support those
efforts described in subsection (a).
(2) Mutual commitments.--The Secretary of State, in
consultation with the United States Trade Representative, the
Secretary of Treasury, and the Secretary of Commerce, shall
seek to negotiate a set of mutual commitments with the
governments of countries that are Members of the Fund upon
which to condition any expenditure of funds pursuant to the
common funding mechanism described in paragraph (1). Such
commitments shall, at a minimum--
(A) develop common policies for the protection of
basic and applied research in both academic and
commercial settings;
(B) develop common reporting requirements for
researchers participating in talents programs of
countries subject to a United States arms embargo;
(C) establish substantially similar if not
identical export controls licensing requirements for
all segments of the semiconductor supply chain;
(D) establish substantially similar if not
identical policies for inbound investment from entities
with a substantial nexus to countries subject to an
embargo in all segments of the semiconductor supply
chain;
(E) establish harmonized treatment of
semiconductors and verification processes for the
importation of semiconductors or items incorporating
semiconductors from embargoed countries;
(F) establish common policies on protecting
knowledge, know-how, and personnel from migrating to
embargoed countries or taking employment with entities
with a substantial nexus to these countries;
(G) develop common policies, including disclosure
requirements and restrictions, on outbound investments,
including index funds, into entities that support or
contribute to the development of the semiconductor
industry in countries subject to an embargo;
(H) establish transparency requirements for any
subsidies or other financial benefits (including
revenue foregone) provided to semiconductor firms
located in or outside such countries;
(I) establish consistent policies with respect to
countries that--
(i) are not participating in the common
funding mechanism; and
(ii) do not meet transparency requirements
established under subparagraph (H);
(J) promote harmonized treatment of semiconductor
and verification processes for items being exported to
a country considered a national security risk by a
country participating in the common funding mechanism;
(K) establish a consistent policies and common
external policies to address nonmarket economies as the
behavior of such countries pertains to semiconductor;
and
(L) align policies on supply chain integrity and
semiconductor security.
(3) Annual report to congress.--Not later than 1 year after
the date of the enactment of this Act, and annually thereafter
for each fiscal year during which amounts in the Fund are
available under subsection (a), the Secretary of State shall
submit to Congress a report on the status of the implementation
of this section that includes a description of--
(A) any commitments made by the governments of
countries that are partners of the United States to
providing funding for the common funding mechanism
described in subsection (b)(1) and the specific amount
so committed;
(B) the criteria established for expenditure of
funds through the common funding mechanism;
(C) how, and to whom, amounts have been expended
from the Fund;
(D) amounts remaining in the Fund;
(E) the progress of the Secretary of State toward
entering into an agreement with the governments of
countries that are partners of the United States to
participate in the common funding mechanism and the
commitments described in subsection (b)(2); and
(F) any additional authorities needed to enhance
the effectiveness of the Fund in achieving the security
goals of the United States.
(4) Gao report on trust fund effectiveness.--Not later than
2 years after the date that the Fund is formally established,
the Comptroller General of the United States shall submit to
the appropriate congressional committees a report evaluating
the effectiveness of the Fund, including--
(A) the effectiveness of the programs, projects,
and activities supported by the Fund; and
(B) an assessment of the merits of continued United
States participation in the Fund.
SEC. 1824. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN.
(a) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Intelligence, the Committee on
Commerce, Science, and Transportation, the Committee on Foreign
Relations, the Committee on Armed Services, the Committee on
Energy and Natural Resources, the Committee on Appropriations,
the Committee on Banking, Housing, and Urban Affairs, the
Committee on Health, Education, Labor, and Pensions and the
Committee on Homeland Security and Governmental Affairs of the
Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Energy and Commerce, the Committee on Foreign
Affairs, the Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee on Financial
Services, the Committee on Education and Labor and the
Committee on Homeland Security of the House of Representatives.
(b) Sense of Congress.--It is the sense of Congress that the
leadership of the United States in semiconductor technology and
innovation is critical to the economic growth and national security of
the United States.
(c) Subcommittee on Semiconductor Leadership.--
(1) Establishment required.--The President shall establish
in the National Science and Technology Council a subcommittee
on matters relating to leadership of the United States in
semiconductor technology and innovation.
(2) Duties.--The duties of the subcommittee established
under paragraph (1) are as follows:
(A) National strategy on semiconductor research.--
(i) Development.--In coordination with the
Secretary of Defense, the Secretary of Energy,
the Secretary of State, the Secretary of
Commerce, the Secretary of Homeland Security,
the Secretary of Labor, the Director of the
National Science Foundation, and the Director
of the National Institute of Standards and
Technology and in consultation with the
semiconductor industry and academia, develop a
national strategy on semiconductor research,
development, manufacturing, and supply chain
security, including guidance for the funding of
research, and strengthening of the domestic
semiconductors workforce.
(ii) Reporting and updates.--Not less
frequently than once every 5 years, to update
the strategy developed under clause (i) and to
submit the revised strategy to the appropriate
committees of Congress.
(iii) Implementation.--In coordination with
the Secretary of Defense, the Secretary of
Energy, the Secretary of State, the Secretary
of Commerce, the Secretary of Homeland
Security, the Director of the National Science
Foundation, and the Director of the National
Institute of Standards and Technology, on an
annual basis coordinate and recommend each
agency's semiconductor related research and
development programs and budgets to ensure
consistency with the National Semiconductor
Strategy.
(B) Fostering coordination of research and
development.--To foster the coordination of
semiconductor research and development.
(3) Sunset.--The subcommittee established under paragraph
(1) shall terminate on the date that is 10 years after the date
of enactment of this Act.
(d) Industrial Advisory Committee.--The President shall establish a
standing subcommittee of the President's Council of Advisors on Science
and Technology to advise the United States Government on matters
relating to semiconductors policy.
(e) National Semiconductor Technology Center.--
(1) Establishment.--The Secretary of Commerce shall
establish a national semiconductor technology center to conduct
research and prototyping of advanced semiconductor technology
to strengthen the economic competitiveness and security of the
domestic supply chain, which will be operated as a public
private-sector consortium with participation from the private
sector, the Department of Defense, the Department of Energy,
the Department of Homeland Security, the National Science
Foundation, and the National Institute of Standards and
Technology.
(2) Functions.--The functions of the center established
under paragraph (1) shall be as follows:
(A) To conduct advanced semiconductor
manufacturing, design research, and prototyping that
strengthens the entire domestic ecosystem and is
aligned with the National Strategy on Semiconductor
Research.
(B) To establish a National Advanced Packaging
Manufacturing Program led by the National Institute of
Standards and Technology, in coordination with the
Center, to strengthen semiconductor advanced test,
assembly, and packaging capability in the domestic
ecosystem, and which shall coordinate with the
Manufacturing USA institute established under paragraph
(4).
(C) To establish an investment fund, in partnership
with the private sector, to support startups in the
domestic semiconductor ecosystem.
(D) To establish a Semiconductor Manufacturing
Program through the Director of the National Institute
of Standards and Technology to enable advances and
breakthroughs in measurement science, standards,
material characterization, instrumentation, testing,
and manufacturing capabilities that will accelerate the
underlying research and development for metrology of
next generation semiconductors and ensure the
competitiveness and leadership of the United States
within this sector.
(E) To work with the Secretary of Labor, the
private sector, educational institutions, and workforce
training entities to develop workforce training
programs and apprenticeships in advanced semiconductor
packaging capabilities.
(3) Components.--The fund established under paragraph
(2)(C) shall cover the following:
(A) Advanced metrology and characterization for
manufacturing of microchips using 3 nanometer
transistor processes or more advanced processes.
(B) Metrology for security and supply chain
verification.
(4) Creation of a manufacturing usa institute.--The fund
established under paragraph (2)(C) may also cover the creation
of a Manufacturing USA institute described in section 34(d) of
the National Institute of Standards and Technology Act (15
U.S.C. 278s(d)) that is focused on semiconductor manufacturing.
Such institute may emphasize the following:
(A) Research to support the virtualization and
automation of maintenance of semiconductor machinery.
(B) Development of new advanced test, assembly and
packaging capabilities.
(C) Developing and deploying educational and skills
training curricula needed to support the industry
sector and ensure the United States can build and
maintain a trusted and predictable talent pipeline.
(f) Authorizations of Appropriations.--
(1) National semiconductor technology center.--
(A) In general.--There is authorized to be
appropriated to carry out subsection (e), $914,000,000
for fiscal year 2021--
(i) of which, $300,000,000 shall be
available to carry out subsection (e)(2)(A);
(ii) of which, $500,000,000 shall be
available to carry out subsection (e)(2)(B);
(iii) of which, $50,000,000 shall be
available to carry out subsection (e)(2)(C);
(iv) of which, $50,000,000 shall be
available to carry out subsection (e)(2)(D)--
(I) of which, $2,000,000 shall be
available for each of fiscal year 2021
to carry out subsection (e)(3)(A);
(II) of which, $2,000,000 shall be
available for fiscal years 2021 o carry
out subsection (e)(3)(B); and
(III) of which, $5,000,000 shall be
available for fiscal year 2021 to carry
out subsection (e)(4); and
(v) of which, $14,000,000 shall be
available to carry out subsection (e)(2)(E).
(2) Semiconductor research at national science
foundation.--There is authorized to be appropriated to carry
out programs at the National Science Foundation on
semiconductor research in alignment with the National Strategy
on Semiconductor Research, $300,000,000 for fiscal year 2021.
(3) Semiconductors research at the national institute of
standards and technology.--There is authorized to be
appropriated to carry out semiconductors research at the
National Institute of Standards and Technology $50,000,000 for
fiscal year 2021.
(g) Supplement, Not Supplant.--The amounts authorized to be
appropriated under paragraphs (1) through (3) of subsection (f) shall
supplement and not supplant amounts already appropriated to carry out
the purposes described in such paragraphs.
(h) Domestic Production Requirements.--The head of any executive
agency receiving funding under this section shall develop policies to
require domestic production, to the extent possible, for any
intellectual property resulting from semiconductors research and
development conducted as a result of these funds and domestic control
requirements to protect any such intellectual property from foreign
adversaries.
SEC. 1825. PROHIBITION RELATING TO FOREIGN ENTITIES OF CONCERN.
(a) Definition.--
(1) In this subtitle, the term ``foreign entity'' means--
(A) any person--
(i) controlled by, or is subject to the
jurisdiction or direction of a foreign
government;
(ii) who acts as an agent, representative,
is an employee of, or acts in any other
capacity at the order, request, or under the
direction or control, of a foreign government;
(iii) whose activities are directly or
indirectly supervised, directed, controlled,
financed, or subsidized in whole or in majority
part by an interest as described in
subparagraph (B) of this subsection;
(iv) who directly or indirectly through any
contract, arrangement, understanding,
relationship, or otherwise, owns 25 percent or
more of the equity interests of an interest as
described in subparagraph (B) of this
subsection, or has significant responsibility
to control, manage, or such an interest;
(v) who is a citizen or resident, wherever
located, of a nation-state controlled by a
foreign government; or
(B) any organization, corporation, partnership or
association--
(i) organized under the laws of a nation-
state controlled by a foreign government; or
(ii) wherever organized or doing business,
that is owned or controlled by a foreign
government.
(2) In this subtitle, the term ``foreign entity of
concern'' means any foreign entity (as defined by paragraph (1)
of this section)--
(A) designated as a foreign terrorist organization
by the Secretary of State under section 1189 of title
8;
(B) included on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury; or
(C) alleged by the Attorney General to have been
involved in activities for which a conviction was
obtained under any of the following statutes:
(i) Espionage Act (18 U.S.C. 792 et seq.).
(ii) Section 951 or 1030 of title 18.
(iii) Economic Espionage Act (18 U.S.C.
1831 et seq.).
(iv) Arms Export Control Act (22 U.S.C.
2778).
(v) Section 2274, 2275, 2276, 2277, 2278,
or 2284 of title 42.
(vi) Export Control Reform Act (50 U.S.C.
4801 et seq.).
(vii) International Economic Emergency
Powers Act (50 U.S.C. 1701 et seq.).
(b) Limitation.--None of the funds appropriated pursuant to an
authorization in this subtitle may be provided to a grantee that is
determined to be a foreign entity of concern (as defined by this
subtitle).
Subtitle G--Biliteracy Education Seal and Teaching Act
SEC. 1831. SHORT TITLE.
This subtitle may be cited as the ``Biliteracy Education Seal and
Teaching Act'' or the ``BEST Act''.
SEC. 1832. FINDINGS.
Congress finds the following:
(1) The people of the United States celebrate cultural and
linguistic diversity and seek to prepare students with skills
to succeed in the 21st century.
(2) It is fitting to commend the dedication of students who
have achieved proficiency in multiple languages and to
encourage their peers to follow in their footsteps.
(3) The congressionally requested Commission on Language
Learning, in its 2017 report ``America's Languages: Investing
in Language Education for the 21st Century'', notes the
pressing national need for more people of the United States who
are proficient in two or more languages for national security,
economic growth, and the fulfillment of the potential of all
people of the United States.
(4) The Commission on Language Learning also notes the
extensive cognitive, educational, and employment benefits
deriving from biliteracy.
(5) Biliteracy in general correlates with higher graduation
rates, higher grade point averages, higher rates of
matriculation into higher education, and higher earnings for
all students, regardless of background.
(6) The study of America's languages in elementary and
secondary schools should be encouraged because it contributes
to a student's cognitive development and to the national
economy and security.
(7) Recognition of student achievement in language
proficiency will enable institutions of higher education and
employers to readily recognize and acknowledge the valuable
expertise of bilingual students in academia and the workplace.
(8) States such as Utah, Arizona, Washington, and New
Mexico have developed innovative testing methods for languages,
including Native American languages, where no formal
proficiency test currently exists.
(9) The use of proficiency in a government-recognized
official Native American language as the base language for a
Seal of Biliteracy, with proficiency in any additional partner
language demonstrated through tested proficiency, has been
successfully demonstrated in Hawaii.
(10) Students in every State and every school should be
able to benefit from a Seal of Biliteracy program.
SEC. 1833. DEFINITIONS.
In this subtitle:
(1) ESEA definitions.--The terms ``English learner'',
``secondary school'', and ``State'' have the meanings given
those terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Native american languages.--The term ``Native American
languages'' has the meaning given the term in section 103 of
the Native American Languages Act (25 U.S.C. 2902).
(3) Seal of biliteracy program.--The term ``Seal of
Biliteracy program'' means any program described in section
1834(a) that is established or improved, and carried out, with
funds received under this subtitle.
(4) Second language.--The term ``second language'' means
any language other than English (or a Native American language,
pursuant to section 1834(a)(2)), including Braille, American
Sign Language, or a Classical language.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 1834. GRANTS FOR STATE SEAL OF BILITERACY PROGRAMS.
(a) Establishment of Program.--
(1) In general.--From amounts made available under
subsection (f), the Secretary shall award grants, on a
competitive basis, to States to enable the States to establish
or improve, and carry out, Seal of Biliteracy programs to
recognize student proficiency in speaking, reading, and writing
in both English and a second language.
(2) Inclusion of native american languages.--
Notwithstanding paragraph (1), each Seal of Biliteracy program
shall contain provisions allowing the use of Native American
languages, including allowing speakers of any Native American
language recognized as official by any American government,
including any Tribal government, to use equivalent proficiency
in speaking, reading, and writing in the Native American
language in lieu of proficiency in speaking, reading, and
writing in English.
(3) Duration.--A grant awarded under this section shall be
for a period of 2 years, and may be renewed at the discretion
of the Secretary.
(4) Renewal.--At the end of a grant term, a State that
receives a grant under this section may reapply for a grant
under this section.
(5) Limitations.--A State shall not receive more than 1
grant under this section at any time.
(6) Return of unspent grant funds.--Each State that
receives a grant under this section shall return any unspent
grant funds not later than 6 months after the date on which the
term for the grant ends.
(b) Grant Application.--A State that desires a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information and assurances as the
Secretary may require, including--
(1) a description of the criteria a student must meet to
demonstrate the proficiency in speaking, reading, and writing
in both languages necessary for the State Seal of Biliteracy
program;
(2) a detailed description of the State's plan--
(A) to ensure that English learners and former
English learners are included in the State Seal of
Biliteracy program;
(B) to ensure that--
(i) all languages, including Native
American languages, can be tested for the State
Seal of Biliteracy program; and
(ii) Native American language speakers and
learners are included in the State Seal of
Biliteracy program, including students at
tribally controlled schools and at schools
funded by the Bureau of Indian Education; and
(C) to reach students, including eligible students
described in subsection (c)(2) and English learners,
their parents, and schools with information regarding
the State Seal of Biliteracy program;
(3) an assurance that a student who meets the requirements
under paragraph (1) and subsection (c) receives--
(A) a permanent seal or other marker on the
student's secondary school diploma or its equivalent;
and
(B) documentation of proficiency on the student's
official academic transcript; and
(4) an assurance that a student is not charged a fee for
providing information under subsection (c)(1).
(c) Student Participation in a Seal of Biliteracy Program.--
(1) In general.--To participate in a Seal of Biliteracy
program, a student shall provide information to the State that
serves the student at such time, in such manner, and including
such information and assurances as the State may require,
including an assurance that the student has met the criteria
established by the State under subsection (b)(1).
(2) Student eligibility for participation.--A student who
gained proficiency in a second language outside of school may
apply under paragraph (1) to participate in a Seal of
Biliteracy program.
(d) Use of Funds.--Grant funds made available under this section
shall be used for--
(1) the administrative costs of establishing or improving,
and carrying out, a Seal of Biliteracy program that meets the
requirements of subsection (b); and
(2) public outreach and education about the Seal of
Biliteracy program.
(e) Report.--Not later than 18 months after receiving a grant under
this section, a State shall issue a report to the Secretary describing
the implementation of the Seal of Biliteracy program for which the
State received the grant.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2021 through 2025.
Subtitle H--Accountability for World Bank Loans to China
SEC. 1841. SHORT TITLE.
This subtitle may be cited as the ``Accountability for World Bank
Loans to China Act of 2019''.
SEC. 1842. FINDINGS.
The Congress finds as follows:
(1) Possessing more than $3,000,000,000,000 in foreign
exchange reserves, the People's Republic of China has devoted
state resources to establish the Asian Infrastructure
Investment Bank, the New Development Bank, and activities under
the Belt and Road Initiative, potentially creating rivals to
the multilateral development banks led by the United States and
its allies.
(2) The International Bank for Reconstruction and
Development (IBRD), the World Bank's primary financing
institution for middle-income countries, ceases to finance
(``graduates'') countries that are able to sustain long-term
development without recourse to Bank resources.
(3) The IBRD examines a country's potential graduation when
the country reaches the Graduation Discussion Income (GDI),
which amounts to a Gross National Income (GNI) per capita of
$6,975.
(4) The World Bank calculates China's GNI per capita as
equivalent to $9,470.
(5) According to the Center for Global Development, China
has received $7,800,000,000 in IBRD commitments since crossing
the GDI threshold in 2016.
SEC. 1843. UNITED STATES SUPPORT FOR GRADUATION OF CHINA FROM WORLD
BANK ASSISTANCE.
(a) In General.--The United States Governor of the International
Bank for Reconstruction and Development (IBRD) shall instruct the
United States Executive Director at the IBRD that it is the policy of
the United States to--
(1) pursue the expeditious graduation of the People's
Republic of China from assistance by the IBRD, consistent with
the lending criteria of the IBRD; and
(2) until the graduation of China from IBRD assistance,
prioritize projects in China that contribute to global public
goods, to the extent practicable.
(b) Sunset.--Subsection (a) shall have no force or effect on or
after the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date that the Secretary of the Treasury reports to
the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the
Senate that termination of subsection (a) is important to the
national interest of the United States, with a detailed
explanation of the reasons therefor.
SEC. 1844. ACCOUNTABILITY FOR WORLD BANK LOANS TO THE PEOPLE'S REPUBLIC
OF CHINA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the United States Governor of the International
Bank for Reconstruction and Development (in this section referred to as
the ``IBRD'') shall submit the report described in subsection (b) to
the Committee on Financial Services of the House of Representatives and
the Committee on Foreign Relations of the Senate.
(b) Report Described.--The report described in this subsection
shall include the following:
(1) A detailed description of the efforts of the United
States Governor of the IBRD to enforce the timely graduation of
countries from the IBRD, with a particular focus on the efforts
with regard to the People's Republic of China.
(2) If the People's Republic of China is a member country
of the IBRD, an explanation of any economic or political
factors that have prevented the graduation of the People's
Republic of China from the IBRD.
(3) A discussion of any effects resulting from fungibility
and IBRD lending to China, including the potential for IBRD
lending to allow for funding by the government of the People's
Republic of China of activities that may be inconsistent with
the national interest of the United States.
(4) An action plan to help ensure that the People's
Republic of China graduates from the IBRD within 2 years after
submission of the report, consistent with the lending
eligibility criteria of the IBRD.
(c) Waiver of Requirement That Report Include Action Plan.--The
Secretary of the Treasury may waive the requirement of subsection
(b)(4) on reporting to the Committee on Financial Services of the House
of Representatives and the Committee on Foreign Relations of the Senate
that the waiver is important to the national interest of the United
States, with a detailed explanation of the reasons therefor.
SEC. 1845. ENSURING DEBT TRANSPARENCY WITH RESPECT TO THE BELT AND ROAD
INITIATIVE.
Within 180 days after the date of the enactment of this Act, the
Secretary of the Treasury shall, in consultation with the Secretary of
State, submit to the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report (which should be submitted in
unclassified form but may include a classified annex) that includes the
following:
(1) An assessment of the level of indebtedness of countries
receiving assistance through the Belt and Road Initiative that
are also beneficiary countries of the international financial
institutions, including the level and nature of indebtedness to
the People's Republic of China or an entity owned or controlled
by the government of the People's Republic of China.
(2) An analysis of debt management assistance provided by
the World Bank, the International Monetary Fund, and the Office
of Technical Assistance of the Department of the Treasury to
borrowing countries of the Belt and Road Initiative of the
People's Republic of China (or any comparable initiative or
successor initiative of China).
(3) An assessment of the effectiveness of United States
efforts, including bilateral efforts and multilateral efforts,
at the World Bank, the International Monetary Fund, other
international financial institutions and international
organizations to promote debt transparency.
Subtitle I--Employment Fairness for Taiwan
SEC. 1851. SHORT TITLE.
This subtitle may be cited as the ``Employment Fairness for Taiwan
Act of 2020''.
SEC. 1852. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) Taiwan is responsible for remarkable achievements in
economic and democratic development, with its per capita gross
domestic product rising in purchasing power parity terms from
$3,470 in 1980 to more than $55,000 in 2018;
(2) the experience of Taiwan in creating a vibrant and
advanced economy under democratic governance and the rule of
law can inform the work of the international financial
institutions, including through the contributions and insights
of Taiwan nationals; and
(3) Taiwan nationals who seek employment at the
international financial institutions should not be held at a
disadvantage in hiring because the economic success of Taiwan
has rendered it ineligible for financial assistance from such
institutions.
SEC. 1853. FAIRNESS FOR TAIWAN NATIONALS REGARDING EMPLOYMENT AT
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution to use the voice and vote of the United States to seek to
ensure that Taiwan nationals are not discriminated against in any
employment decision by the institution, including employment through
consulting or part-time opportunities, on the basis of--
(1) whether they are citizens or nationals of, or holders
of a passport issued by, a member country of, or a state or
other jurisdiction that receives assistance from, the
international financial institution; or
(2) any other consideration that, in the determination of
the Secretary, unfairly disadvantages Taiwan nationals with
respect to employment at the institution.
(b) International Financial Institution Defined.--In this section,
the term ``international financial institution'' has the meaning given
the term in section 1701(c)(2) of the International Financial
Institutions Act.
(c) Waiver Authority.--The Secretary of the Treasury may waive
subsection (a) for not more than 1 year at a time after reporting to
the Committee on Financial Services of the House of Representatives and
the Committee on Foreign Relations of the Senate that providing the
waiver--
(1) will substantially promote the objective of equitable
treatment for Taiwan nationals at the international financial
institutions; or
(2) is in the national interest of the United States, with
a detailed explanation of the reasons therefor.
(d) Progress Report.--The Chairman of the National Advisory Council
on International Monetary and Financial Policies shall submit to the
committees specified in subsection (c) an annual report, in writing,
that describes the progress made toward advancing the policy described
in subsection (a), and a summary of employment trends with respect to
Taiwan nationals at the international financial institutions.
(e) Sunset.--The preceding provisions of this section shall have no
force or effect beginning with the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date that the Secretary of the Treasury reports to
the committees specified in subsection (c) that each
international financial institution has adopted the policy
described in subsection (a).
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2021''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII and title XXIX for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment Program
(and authorizations of appropriations therefor) shall expire on the
later of--
(1) October 1, 2023; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2024.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2023; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2024 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect on the
later of--
(1) October 1, 2020; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2103(a) and available for military
construction projects inside the United States as specified in the
funding table in section 4601, the Secretary of the Army may acquire
real property and carry out military construction projects for the
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation Amount
------------------------------------------------------------------------
Alaska........................ Fort Wainwright....... $91,500,000
Arizona....................... Yuma Proving Ground... $14,000,000
Colorado...................... Fort Carson........... $28,000,000
Georgia....................... Fort Gillem........... $71,000,000
Fort Gordon........... $80,000,000
Hawaii........................ Fort Shafter.......... $26,000,000
Schofield Barracks.... $39,000,000
Wheeler Army Air Field $89,000,000
Louisiana..................... Fort Polk............. $25,000,000
Oklahoma...................... McAlester Army $35,000,000
Ammunition Plant.....
Virginia...................... Humphreys Engineer $51,000,000
Center...............
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations, and in the amounts, set
forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Italy................................... Vicenza.................. Family Housing New $84,100,000
Construction.............
Kwajalein............................... Kwajalein Atoll........... Family Housing Replacement $32,000,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $3,300,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2020,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. LIMITATION ON MILITARY CONSTRUCTION PROJECT AT KWAJALEIN
ATOLL.
The Secretary of the Army may not commence the military
construction project authorized by section 2101(b) at Kwajalein Atoll,
as specified in the funding table in section 4601, and none of the
funds authorized to be appropriated by this Act for that military
construction project may be obligated or expended, until the Secretary
submits to Committees on Armed Services of the House of Representatives
and the Senate a design plan for the project that ensures that, upon
completion of the project, the project will be resilient to 15 inches
of sea level rise and periods of complete inundation and wave-overwash
predicted during the 10-year period beginning on the date of the
enactment of this Act.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2017 PROJECT.
In the case of the authorization contained in the table in section
2102(a) of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2689) for Camp Walker, Korea, for family
housing new construction, as specified in the funding table in section
4601 of such Act (130 Stat. 2883), the Secretary of the Army may
construct an elevated walkway between two existing parking garages to
connect children's playgrounds.
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Marine Corps Air Station Yuma................... $99,600,000
California.................................... Marine Corps Base Camp Pendleton................ $68,530,000
Naval Air Station Lemoore....................... $187,220,000
Naval Base San Diego............................ $128,500,000
Marine Corps Air Ground Combat Center Twentynine $76,500,000
Palms..........................................
Guam.......................................... Andersen Air Force Base......................... $21,280,000
Joint Region Marianas........................... $546,550,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam.................. $114,900,000
Maine......................................... Portsmouth Naval Shipyard....................... $715,000,000
Nevada........................................ Fallon Range Training Complex................... $29,040,000
Virginia...................................... Naval Station Norfolk........................... $30,400,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain Island................................ Naval Support Activity Bahrain.................. $68,340,000
Greece........................................ Naval Support Activity Souda Bay................ $50,180,000
Spain......................................... Naval Station Rota.............................. $60,110,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
(a) Family Housing.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2203(a) and available for
military family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may carry out architectural and
engineering services and construction design activities with respect to
the construction or improvement of family housing units in an amount
not to exceed $5,854,000.
(b) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount
not to exceed $37,043,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2020,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
California................... Edwards Air Force Base $40,000,000
Guam......................... Joint Region Marianas. $56,000,000
New Jersey................... Joint Base McGuire-Dix- $22,000,000
Lakehurst............
Texas........................ Joint Base San $19,500,000
Antonio.
Virginia..................... Joint Base Langley- $19,500,000
Eustis.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installation or location outside the United States,
and in the amount, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Qatar......................... Al Udeid............. $26,000,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
(a) Family Housing.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2303(a) and available for
military family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $2,969,000.
(b) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $94,245,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2020,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 may not
exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2304. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2018 PROJECT.
(a) Modification of Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1826) for Royal Air Force Lakenheath, United Kingdom, for
construction of a 2,384 square-meter Consolidated Corrosion Control
Facility, as specified in the funding table in section 4601 of such Act
(131 Stat. 2004), the Secretary of the Air Force may construct a 2,700
square-meter Consolidated Corrosion Control and Wash Rack Facility.
(b) Modification of Project Amounts.--
(1) Division b table.--The authorization table in section
2301(b) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1826) is amended in the
item relating to Royal Air Force Lakenheath, United Kingdom, by
striking ``$136,992,000'' and inserting ``$172,292,000'' to
reflect the project modification made by subsection (a).
(2) Division d table.--The funding table in section 4601 of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 2004) is amended in the item
relating to Royal Air Force Lakenheath, Consolidated Corrosion
Control Facility, by striking ``$20,000'' in the Conference
Authorized column and inserting ``$55,300'' to reflect the
project modification made by subsection (a).
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2019 PROJECTS.
(a) Eielson Air Force Base, Alaska.--In the case of the
authorization contained in the table in section 2301(a) of the National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2246) for Eielson Air Force Base, Alaska, for construction of a
F-35 CATM Range, as specified in the funding table in section 4601 of
such Act (132 Stat. 2404), the Secretary of the Air Force may construct
a 426 square-meter outdoor range with covered and heated firing lines.
(b) Barksdale Air Force Base, Louisiana.--
(1) Modification of project authority.--In the case of the
authorization contained in table in section 2301(a) of the
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 2246) for Barksdale Air Force Base,
Louisiana, for construction of an Entrance Road and Gate
Complex the Secretary of the Air Force may construct a 190
square meter visitor control center, 44 square meter gate
house, 124 square meter privately owned vehicle inspection
facility, 338 square meter truck inspection facility and a 45
square meter gatehouse.
(2) Project conditions.--The military construction project
referred to in paragraph (1) shall be carried out consistent
with the Unified Facilities Criteria relating to Entry Control
Facilities and applicable construction guidelines of the
Department of the Air Force. Construction in a flood plain is
authorized, subject to the condition that the Secretary of the
Air Force include appropriate mitigation measures.
(3) Modification of project amounts.--
(A) Division b table.--The authorization table in
section 2301(a) of the National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2246) is amended in the item relating to Barksdale Air
Force Base, Louisiana, by striking ``$12,250,000'' and
inserting ``$48,000,000'' to reflect the project
modification made by paragraph (1).
(B) Division d table.--The funding table in section
4601 of the National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2404)
is amended in the item relating to Barksdale Air Force
Base, Louisiana, by striking ``$12,250'' in the
Conference Authorized column and inserting ``$48,000''
to reflect the project modification made by paragraph
(1).
(c) Royal Air Force Lakenheath, United Kingdom.--In the case of the
authorization contained in the table in section 2301(b) of the National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for
construction of a 485 square-meter F-35A ADAL Conventional Munitions
MX, as specified in the funding table of section 4601 of such Act (132
Stat. 2405), the Secretary of the Air Force may construct a 1,206
square-meter maintenance facility for such purpose.
(d) Force Protection and Safety.--The funding table in section 4601
of the National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 2406) is amended in the item relating to Force
Protection and Safety under Military Construction, Air Force, by
striking ``$35,000'' in the Conference Authorized column and inserting
``$50,000'' to reflect amounts appropriated for such purpose.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2020 PROJECTS.
(a) Tyndall Air Force Base, Florida.--In the case of the
authorizations contained in the table in section 2912(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1913) for Tyndall Air Force Base, Florida--
(1) for construction of an Auxiliary Ground Equipment
Facility, as specified in the funding table in section 4603 of
such Act (133 Stat. 2103), the Secretary of the Air Force may
construct up to 4,770 square meters of aircraft support
equipment storage;
(2) for construction of Dorm Complex Phase 1, as specified
in such funding table, the Secretary of the Air Force may
construct up to 18,770 square meters of visiting quarters;
(3) for construction of Lodging Facilities Phase 1, as
specified in such funding table, the Secretary of the Air Force
may construct up to 12,471 meters of visiting quarters.
(4) for construction of an Operations Group/Maintenance
Group HQ at the installation, as specified in such funding
table, the Secretary of the Air Force may construct up to 3,420
square meters of headquarters;
(5) for construction of Ops/Aircraft Maintenance Unit/
Hangar number 2 and Ops/Aircraft Maintenance Unit/Hangar number
3, as specified in such funding table, the Secretary of the Air
Force may construct 2,127 square meters of squadron operations
and 2,875 square meters of aircraft maintenance unit for each
project;
(6) for construction of a Security Forces Mobility Storage
Facility, as specified in such funding table, the Secretary of
the Air Force may construct up to 930 square meters of
equipment storage; and
(7) for construction of Site Development, Utilities, and
Demolition Phase 2, as specified in such funding table, the
Secretary of the Air Force may construct up to 7,000 meters of
storm water piping, box culverts, underground detention, and
grading for surface detention.
(b) Offutt Air Force Base, Nebraska.--In the case of the
authorizations contained in the table in section 2912(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1913) for Offutt Air Force Base, Nebraska--
(1) for construction of an Emergency Power Microgrid, as
specified in the funding table in section 4603 of such Act (133
Stat. 2104), the Secretary of the Air Force may construct seven
2.5-megawatt diesel engine generators, seven diesel exhaust
fluid systems, 15-kV switchgear, two import/export inter-ties,
five import-only inter-ties, and 800 square meters of
switchgear facility;
(2) for construction of a Flightline Hangars Campus, as
specified in such funding table, the Secretary of the Air Force
may construct 445 square meter of petroleum operations center,
268 square meters of de-icing liquid storage, and 173 square
meters of warehouse; and
(3) for construction of a Lake Campus, as specified in such
funding table, the Secretary of the Air Force may construct 240
square meters of recreation complex and 270 square meters of
storage;
(4) for construction of a Logistics Readiness Squadron
Campus, as specified in such funding table, the Secretary of
the Air Force may construct 2,536 square meters of warehouse;
and
(5) for construction of a Security Campus, as specified in
such funding table, the Secretary of the Air Force may
construct 4,218 square meters of operations center and 1,343
square meters of military working dog kennel.
(c) Joint Base Langley-Eustis, Virginia.--In the case of the
authorization contained in the table in section 2912(a) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1913) for Joint Base Langley-Eustis, Virginia, for construction
of a Dormitory at the installation, as specified in the funding table
in section 4603 of such Act (133 Stat. 2104), the Secretary of the Air
Force may construct up to 6,720 square meters of dormitory.
SEC. 2307. TECHNICAL CORRECTIONS RELATED TO AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2020 FAMILY HOUSING PROJECTS.
(a) Authorization of Omitted Spangdahlem Air Base Family Housing
Project.--Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1869) and
available for military family housing functions, the Secretary of the
Air Force may carry out the military family housing project at
Spangdahlem Air Base, Germany, as specified in the funding table in
section 4601 of such Act (133 Stat. 2099).
(b) Correction of Amount Authorized for Family Housing
Improvements.--Section 2303 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1869) is amended by
striking ``$53,584,000'' and inserting ``$46,638,000'' to reflect the
amount specified in the funding table in section 4601 of such Act (133
Stat. 2099) for Construction Improvements under Family Housing
Construction, Air Force.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Anniston Army Depot........................ $18,000,000
Alaska.......................................... Fort Greely................................ $48,000,000
Arizona......................................... Fort Huachuca.............................. $33,728,000
Marine Corps Air Station Yuma.............. $49,500,000
California...................................... Beale Air Force Base....................... $22,800,000
Colorado........................................ Fort Carson................................ $15,600,000
CONUS Unspecified............................... CONUS Unspecified.......................... $14,400,000
Florida......................................... Hurlburt Field............................. $83,120,000
Kentucky........................................ Fort Knox.................................. $69,310,000
New Mexico...................................... Kirtland Air Force Base.................... $46,600,000
North Carolina................................. Fort Bragg................................. $113,800,000
Ohio............................................ Wright-Patterson Air Force Base............ $23,500,000
Texas........................................... Fort Hood.................................. $32,700,000
Virginia........................................ Joint Expeditionary Base Little Creek-Story $112,500,000
Washington...................................... Joint Base Lewis-McChord................... $21,800,000
Navy Fuel Depot Manchester................. $82,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installation or location outside the United States,
and in the amount, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan........................................... Defense Fuel Support Point Tsurumi........ $49,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations inside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Rucker................................... $24,000,000
Arkansas..................................... Ebbing Air National Guard Base................ $2,600,000
California................................... Marine Corps Air Ground Combat Center $11,646,000
Twentynine Palms.............................
Military Ocean Terminal Concord............... $29,000,000
Naval Support Activity Monterey............... $10,540,000
Naval Air Weapons Station China Lake.......... $8,950,000
District of Columbia........................ Joint Base Anacostia-Bolling.................. $44,313,000
Georgia...................................... Fort Benning.................................. $17,000,000
Maryland..................................... Naval Support Activity Bethesda............... $13,840,000
Naval Support Activity South Potomac.......... $18,460,000
Missouri..................................... Whiteman Air Force Base....................... $17,310,000
Nevada....................................... Creech Air Force Base......................... $32,000,000
North Carolina............................... Fort Bragg.................................... $6,100,000
Ohio......................................... Wright-Patterson Air Force Base............... $35,000,000
Tennessee.................................... Memphis Air National Guard Base............... $4,780,000
Virginia..................................... Naval Medical Center Portsmouth............... $611,000
Surface Combat Systems Center Wallops Island.. $9,100,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installation or location outside the United States, and
in the amount, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Italy........................................ Naval Support Activity Naples................. $3,490,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2020,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2404. MILITARY CONSTRUCTION INFRASTRUCTURE AND WEAPON SYSTEM
SYNCHRONIZATION FOR GROUND BASED STRATEGIC DETERRENT.
(a) Authorization for Planning and Design.--Of the amounts
authorized to be appropriated for research, development, test, and
evaluation, Air Force, for fiscal year 2021, for the Ground Based
Strategic Deterrent, as specified in the funding table in section 4201,
the Secretary of the Air Force may use not more than $15,000,000 for
the purpose of obtaining or carrying out necessary planning and
construction design in connection with military construction projects
and other infrastructure projects necessary to support the development
and fielding of the Ground Based Strategic Deterrent weapon system.
(b) Air Force Project Management and Supervision.--Each contract
entered into by the United States for a military construction project
or other infrastructure project in connection with the development and
fielding of the Ground Based Strategic Deterrence weapon system shall
be carried out under the direction and supervision of the Secretary of
the Air Force. The Secretary may utilize and consult with the Air Force
Civil Engineer Center, the Army Corps of Engineers, and the Naval
Facilities Engineering Command for subject matter expertise,
contracting capacity, and other support as determined to be necessary
by the Secretary to carry out this section.
(c) Use of Single Prime Contractor.--The Secretary of the Air Force
may award contracts for planning and construction design and for
military construction projects and other infrastructure projects
authorized by law in connection with the development and fielding of
the Ground Based Strategic Deterrent weapon system to a single prime
contractor if the Secretary determines that awarding the contracts to a
single prime contractor--
(1) is in the best interest of the Government; and
(2) is necessary to ensure the proper synchronization and
execution of work related to the development and fielding of
the Ground Based Strategic Deterrent weapon system and its
associated military construction projects and other
infrastructure projects.
(d) Exceptions to Current Law.--The Secretary of the Air Force may
carry out this section without regard to the following provisions of
law:
(1) Section 2304 of title 10, United States Code.
(2) Section 2807(a) of such title.
(3) Section 2851(a) of such title.
(e) Expiration of Authority.--The authorities provided by this
section shall expire upon the earlier of the following:
(1) The date that is 15 years after the date of the
enactment of this Act.
(2) The date on which the Secretary of the Air Force
submits to the congressional defense committees a certification
that the fielding of the Ground Based Strategic Deterrent
weapon system is complete.
(f) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report describing the plans to
synchronize the development and fielding of the Ground Based Strategic
Deterrent weapon system and its associated military construction
projects and other infrastructure projects. The report shall contain,
at minimum, the following elements:
(1) A description of the estimated total cost, scope of
work, location, and schedule for the planning and design,
military construction, and other infrastructure investments
necessary to support the development and fielding of the Ground
Based Strategic Deterrent weapon system.
(2) A recommendation regarding the methods by which a
programmatic military construction authorization, authorization
of appropriations, and appropriation, on an installation-by-
installation basis, could be used to support the synchronized
development and fielding of the Ground Based Strategic
Deterrent and its associated military construction projects and
other infrastructure projects.
(3) Identification of the specific provisions of law, if
any, that the Secretary determines may adversely impact or
delay the development and fielding of the Ground Based
Strategic Deterrent weapon system and its associated
construction projects, assuming, as described in paragraph (2),
the use of a programmatic military construction authorization
on an installation-by-installation basis.
(4) A plan to ensure sufficient capability and capacity to
cover civilian and military manning for oversight and contract
management related to the development and fielding of the
Ground Based Strategic Deterrent weapon system and its
associated construction projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
(a) Authorization.--Funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 2020, for contributions
by the Secretary of Defense under section 2806 of title 10, United
States Code, for the share of the United States of the cost of projects
for the North Atlantic Treaty Organization Security Investment Program
authorized by section 2501 as specified in the funding table in section
4601.
(b) Authority To Carry Out Project and Recognize NATO Authorization
Amounts as Budgetary Resources for Project Execution.--When the United
States is designated as the Host Nation for the purposes of executing a
project under the NATO Security Investment Program (NSIP), the
Department of Defense construction agent may carry out the project and
recognize the NATO project authorization amounts as budgetary resources
to incur obligations for the purposes of executing the NSIP project.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Korea, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Component Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................... Camp Carroll.............. Site Development............. $49,000,000
Army................................... Camp Humphreys............ Attack Reconnaissance $99,000,000
Battalion Hangar............
Army................................... Camp Humphreys............ Hot Refuel Point............. $35,000,000
Navy................................... COMROKFLT Naval Base, Maritime Operations Center... $26,000,000
Busan....................
Air Force.............................. Daegu Air Base............ AGE Facility and Parking $14,000,000
Apron.......................
Air Force.............................. Kunsan Air Base........... Backup Generator Plant....... $19,000,000
Air Force.............................. Osan Air Base............ Aircraft Corrosion Control $12,000,000
Facility (Phase 3)..........
Air Force.............................. Osan Air Base............. Child Development Center..... $20,000,000
Air Force.............................. Osan Air Base............. Munitions Storage Area Delta $84,000,000
(Phase 1)...................
Defense-Wide........................... Camp Humphreys............ Elementary School............ $58,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2512. STATE OF QATAR FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the State of Qatar for required in-kind
contributions, the Secretary of Defense may accept military
construction projects for Al Udeid Air Base in the State of Qatar, and
in the amounts, set forth in the following table:
State of Qatar Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Component Installation Project Amount
----------------------------------------------------------------------------------------------------------------
Air Force.............................. Al Udeid.................. Billet (A12)................. $63,000,000
Billet (BI2)................. $63,000,000
Billet (D l 0)............... $77,000,000
Billet (009)................. $77,000,000
Billet (007)................. $77,000,000
Armory/Mount................. $7,200,000
Billet (A06)................. $77,000,000
Dining Facility.............. $14,600,000
Billet (BOS)................. $77,000,000
Billet (B04)................. $77,000,000
Billet (A04)................. $77,000,000
Billet (AOS)................. $77,000,000
Dining Facility.............. $14,600,000
MSG (Base Operations Support $9,300,000
Facility)...................
ITN (Communications Facility) $3,500,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona..................................... National Guard Armory Tucson..................... $18,100,000
Colorado.................................... Peterson Air Force Base.......................... $15,000,000
Indiana..................................... Army Aviation Support Facility Shelbyville....... $12,000,000
Kentucky.................................... Boone National Guard Center Frankfort............ $15,000,000
Mississippi................................. National Guard Armory Brandon.................... $10,400,000
Nebraska.................................... National Guard Armory North Platte............... $9,300,000
New Jersey.................................. Joint Base McGuire-Dix-Lakehurst................. $15,000,000
Ohio........................................ Beightler Armory Columbus........................ $15,000,000
Oregon...................................... Hermiston National Guard Armory.................. $25,035,000
Puerto Rico................................. Fort Allen....................................... $37,000,000
South Carolina.............................. Joint Base Charleston............................ $15,000,000
Tennessee................................... National Guard Armory McMinnville................ $11,200,000
Texas....................................... National Guard Readiness Center Fort Worth....... $13,800,000
Utah........................................ National Guard Armory Nephi...................... $12,000,000
Virgin Islands.............................. LTC Lionel A. Jackson Armory St. Croix........... $39,400,000
Wisconsin................................... National Guard Armory Appleton................... $11,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... Reserve Center Gainesville..................... $36,000,000
Massachusetts................................. Devens Reserve Forces Training Area............ $8,700,000
North Carolina................................ Reserve Center Asheville....................... $24,000,000
Wisconsin..................................... Fort McCoy..................................... $14,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out the
military construction projects for the Navy Reserve and Marine Corps
Reserve locations inside the United States, and in the amounts, set
forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland........................................ Reserve Training Center, Camp Fretterd $39,500,000
Reisterstown..............................
Utah............................................ Hill Air Force Base........................ $25,010,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in the
following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Montgomery Regional Airport Air National $11,600,000
Guard Base................................
Guam............................................ Joint Region Marianas...................... $20,000,000
Maryland........................................ Joint Base Andrews......................... $9,400,000
Texas........................................... Joint Base San Antonio..................... $10,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve location
inside the United States, and in the amount, set forth in the following
table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Texas......................................... Naval Air Station Joint Reserve Base Fort Worth $14,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2020, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2020 PROJECT.
In the case of the authorization contained in the table in section
2601 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1875) for Anniston Army Depot, Alabama,
for construction of an Enlisted Transient Barracks, as specified in the
funding table in section 4601 of such Act (133 Stat. 2096), the
Secretary of the Army may carry out the project at Fort McClellan,
Alabama.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2020, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
SEC. 2801. MODIFICATION AND CLARIFICATION OF CONSTRUCTION AUTHORITY IN
THE EVENT OF A DECLARATION OF WAR OR NATIONAL EMERGENCY.
(a) Limitation on Amount of Funds Available for National
Emergency.--Section 2808 of title 10, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(c) Limitation on Amount of Funds Available for National
Emergency.--(1) Except as provided in paragraph (2), in the event of a
declaration by the President of a national emergency in which the
construction authority described in subsection (a) is used, the total
cost of all military construction projects undertaken using that
authority during the national emergency may not exceed $500,000,000.
``(2) In the event of a national emergency declaration in which the
construction authority described in subsection (a) will be used only
within the United States, the total cost of all military construction
projects undertaken using that authority during the national emergency
may not exceed $100,000,000.''.
(b) Additional Conditions on Source of Funds.--Section 2808(a) of
title 10, United States Code, is amended by striking the second
sentence and inserting the following new subsection:
``(b) Conditions on Sources of Funds.--A military construction
project to be undertaken using the construction authority described in
subsection (a) may be undertaken only within the total amount of funds
that have been appropriated for military construction, including funds
appropriated for family housing, that--
``(1) remain unobligated as of the date on which the first
contract would be entered into in connection with that military
construction project undertaken using such authority; and
``(2) are available because the military construction
project for which the funds were appropriated--
``(A) has been canceled; or
``(B) has reduced costs as a result of project
modifications or other cost savings.''.
(c) Waiver of Other Provisions of Law.--Section 2808 of title 10,
United States Code, is amended by inserting after subsection (c), as
added by subsection (a), the following new subsection:
``(d) Waiver of Other Provisions of Law in Event of National
Emergency.--In the event of a declaration by the President of a
national emergency in which the construction authority described in
subsection (a) is used, the authority provided by such subsection to
waive or disregard another provision of law that would otherwise apply
to a military construction project authorized by this section may be
used only if--
``(1) such other provision of law does not provide a means
by which compliance with the requirements of the law may be
waived, modified, or expedited; and
``(2) the Secretary of Defense determines that the nature
of the national emergency necessitates the noncompliance with
the requirements of the law.''.
(d) Additional Notification Requirements.--Subsection (e) of
section 2808 of title 10, United States Code, as redesignated by
subsection (a)(1), is amended--
(1) by striking ``of the decision'' and all that follows
through the end of the subsection and inserting the following:
``of the following:
``(A) The reasons for the decision to use the construction
authority described in subsection (a), including, in the event
of a declaration by the President of a national emergency, the
reasons why use of the armed forces is required in response to
the declared national emergency.
``(B) The construction projects to be undertaken using the
construction authority described in subsection (a), including,
in the event of a declaration by the President of a national
emergency, an explanation of how each construction project
directly supports the immediate security, logistical, or short-
term housing and ancillary supporting facility needs of the
members of the armed forces used in the national emergency.
``(C) The estimated cost of the construction projects to be
undertaken using the construction authority described in
subsection (a), including the cost of any real estate action
pertaining to the construction projects, and certification of
compliance with the funding conditions imposed by subsections
(b) and (c).
``(D) Any determination made pursuant to subsection (d)(2)
to waive or disregard another provision of law to undertake any
construction project using the construction authority described
in subsection (a).
``(E) The military construction projects, including any
military family housing and ancillary supporting facility
projects, whose cancellation, modification, or other cost
savings result in funds being available to undertake
construction projects using the construction authority
described in subsection (a) and the possible impact of the
cancellation or modification of such military construction
projects on military readiness and the quality of life of
members of the armed forces and their dependents.''; and
(2) by adding at the end the following new paragraph:
``(2) In the event of a declaration by the President of a national
emergency in which the construction authority described in subsection
(a) is used, a construction project to be undertaken using such
construction authority may be carried out only after the end of the
five-day period beginning on the date the notification required by
paragraph (1) is received by the appropriate committees of Congress.''.
(e) Clerical Amendments.--Section 2808 of title 10, United States
Code, is further amended--
(1) in subsection (a), by inserting ``Construction
Authorized.--'' after ``(a)'';
(2) in subsection (e), as redesignated by subsection
(a)(1), by inserting ``Notification Requirement.--(1)'' after
``(e)''; and
(3) in subsection (f), as redesignated by subsection
(a)(1), by inserting ``Termination of Authority.--'' after
``(f)''.
(f) Exception for Pandemic Mitigation and Response Projects.--
Subsections (b), (c), (d) of section 2808 of title 10, United States
Code, as added by this section, shall not apply to a military
construction project commenced under the authority of subsection (a) of
such section 2808 during the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))
if the Secretary of Defense determines that the military construction
project will directly support pandemic mitigation and response efforts
of health care providers or support members of the Armed Forces
directly participating in such pandemic mitigation and response
efforts. Subsection (e) of section 2808 of title 10, United States
Code, as redesignated by subsection (a)(1) and amended by subsection
(d) of this section, shall still apply to any such military
construction project.
SEC. 2802. EXTENSION OF SUNSET FOR ANNUAL LOCALITY ADJUSTMENT OF DOLLAR
THRESHOLDS APPLICABLE TO UNSPECIFIED MINOR MILITARY
CONSTRUCTION AUTHORITIES.
Section 2805(f)(3) of title 10, United States Code, is amended by
striking ``2022'' and inserting ``2027''.
SEC. 2803. MODIFICATION OF REPORTING REQUIREMENT REGARDING COST
INCREASES ASSOCIATED WITH CERTAIN MILITARY CONSTRUCTION
PROJECTS AND MILITARY FAMILY HOUSING PROJECTS.
(a) Elimination of Submission to Comptroller General.--Section
2853(f) of title 10, United States Code, is amended--
(1) in paragraphs (1) and (3), by striking ``and the
Comptroller General of the United States''; and
(2) by striking paragraph (6).
(b) Synchronization of Notification Requirements.--Section
2853(c)(1) of title 10, United States Code, is amended by inserting
after ``cost increase'' in the matter preceding subparagraph (A) the
following: ``(subject to subsection (f))''.
SEC. 2804. EXPANSION OF DEPARTMENT OF DEFENSE LAND EXCHANGE AUTHORITY.
(a) Additional Purposes Authorized.--Paragraph (1) of section
2869(a) of title 10, United States Code, is amended by striking ``the
real property, to transfer'' and all that follows through the end of
the paragraph and inserting the following: ``the real property--
``(A) to transfer to the United States all right, title,
and interest of the person in and to a parcel of real property,
including any improvements thereon under the person's control;
``(B) to carry out a land acquisition, including the
acquisition of all right, title, and interest or a lesser
interest in real property under an agreement entered into under
section 2684a of this title to limit encroachments and other
constraints on military training, testing, and operations; or
``(C) to provide installation-support services (as defined
in 2679(e) of this title), a replacement facility, or
improvements to an existing facility, as agreed upon between
the Secretary concerned and the person.''.
(b) Requirements for Acceptance of Replacement Facilities.--Section
2869(a) of title 10, United States Code, is further amended by adding
at the end the following new paragraph:
``(3) The Secretary concerned may agree to accept a replacement
facility or improvements to an existing facility under paragraph (1)(C)
only if the Secretary concerned determines that the replacement
facility or improvements--
``(A) are completed and usable, fully functional, and ready
for occupancy;
``(B) satisfy all operational requirements; and
``(C) meet all Federal, State, and local requirements
applicable to the facility relating to health, safety, and the
environment.''.
(c) Fair Market Value Requirement.--Section 2869(b)(1) of title 10,
United States Code, is amended--
(1) in the first sentence, by striking ``of the land to
be'' and inserting ``of the real property, installation-support
services, replacement facility, or improvements to an existing
facility''; and
(2) in the second sentence, by striking ``of the land is
less than the fair market value of the real property to be
conveyed'' and inserting ``of the real property conveyed by the
Secretary concerned exceeds the fair market value of the real
property, installation-support services, replacement facility,
or improvements received by the Secretary''.
(d) Relation to Other Military Construction Requirements.--Section
2869 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(h) Relation to Other Military Construction Requirements.--The
acquisition of real property or an interest therein, a replacement
facility, or improvements to an existing facility using the authority
provided by this section shall not be treated as a military
construction project for which an authorization is required by section
2802 of this title.''.
(e) Delayed Implementation of Amendments.--The amendments made by
this section shall take effect on the date of the enactment of this
Act, but the Secretary concerned (as defined in section 2801(c)(5) of
title 10, United States Code) may not enter into any real estate
transaction authorized by such amendments until after the date on which
the Secretary of Defense issues final regulations providing for the
implementation of such amendments by the Department of Defense.
SEC. 2805. CONGRESSIONAL PROJECT AUTHORIZATION REQUIRED FOR MILITARY
CONSTRUCTION PROJECTS FOR ENERGY RESILIENCE, ENERGY
SECURITY, AND ENERGY CONSERVATION.
(a) Replacement of Notice and Wait Authority.--Section 2914 of
title 10, United States Code, is amended to read as follows:
``Sec. 2914. Military construction projects for energy resilience,
energy security, and energy conservation
``(a) Project Authorization Required.--The Secretary of Defense may
carry out such military construction projects for energy resilience,
energy security, and energy conservation as are authorized by law,
using funds appropriated or otherwise made available for that purpose.
``(b) Submission of Project Proposals.--(1) As part of the
Department of Defense Form 1391 submitted to the appropriate committees
of Congress for a military construction project covered by subsection
(a), the Secretary of Defense shall include the following information:
``(A) The project title.
``(B) The location of the project.
``(C) A brief description of the scope of work.
``(D) The original project cost estimate and the current
working cost estimate, if different.
``(E) Such other information as the Secretary considers
appropriate.
``(2) In the case of a military construction project for energy
conservation, the Secretary also shall include the following
information:
``(A) The original expected savings-to-investment ratio and
simple payback estimates and measurement and verification cost
estimate.
``(B) The most current expected savings-to-investment ratio
and simple payback estimates and measurement and verification
plan and costs.
``(C) A brief description of the measurement and
verification plan and planned funding source.
``(3) In the case of a military construction project for energy
resilience or energy security, the Secretary also shall include the
rationale for how the project would enhance mission assurance, support
mission critical functions, and address known vulnerabilities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 173 of title 10, United States Code, is amended
by striking the item relating to section 2914 and inserting the
following new item:
``2914. Military construction projects for energy resilience, energy
security, and energy conservation.''.
SEC. 2806. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE
OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS
IN CERTAIN AREAS OUTSIDE THE UNITED STATES.
(a) Extension of Authority.--Subsection (h) of section 2808 of the
Military Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723), as most recently amended by
section 2807(a) of the Military Construction Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2264), is further
amended--
(1) in paragraph (1), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''; and
(2) paragraph (2), by striking ``fiscal year 2021'' and
inserting ``fiscal year 2022''.
(b) Continuation of Limitation on Use of Authority.--Subsection (c)
of section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as
most recently amended by section 2807(b) of the Military Construction
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2264), is further amended--
(1) by striking ``either'' and inserting ``each''; and
(2) by inserting after the first paragraph (2) the
following new subparagraph:
``(C) The period beginning October 1, 2020, and ending on
the earlier of December 31, 2021, or the date of the enactment
of an Act authorizing funds for military activities of the
Department of Defense for fiscal year 2022.''.
(c) Technical Corrections.--Subsection (c) of section 2808 of the
Military Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723), as most recently amended by
section 2807(b) of the Military Construction Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2264) and subsection
(b) of this section, is further amended--
(1) by redesignating the second paragraph (1) as
subparagraph (A); and
(2) by redesignating the first paragraph (2) as
subparagraph (B).
SEC. 2807. PILOT PROGRAM TO SUPPORT COMBATANT COMMAND MILITARY
CONSTRUCTION PRIORITIES.
(a) Pilot Program.--The Secretary of Defense shall conduct a pilot
program to evaluate the usefulness of reserving a portion of the
military construction funds of the military departments to help the
combatant commands satisfy their military construction priorities in a
timely manner.
(b) Location.--The Secretary of Defense shall conduct the pilot
program for the benefit of the United States Indo-Pacific Command in
the area of responsibility of the United States Indo-Pacific Command.
(c) Required Investment.--For each fiscal year during which the
pilot program is conducted, the Secretary of Defense shall reserve to
carry out military construction projects under the pilot program an
amount equal to 10 percent of the total amount authorized to be
appropriated for military construction projects by titles XXI, XXII,
and XXIII of the Military Construction Authorization Act for that
fiscal year.
(d) Commencement and Duration.--
(1) Commencement.--The Secretary of Defense shall commence
the pilot program no later than October 1, 2023. The Secretary
may commence the pilot program as early as October 1, 2022, if
the Secretary determines that compliance with the reservation
of funds requirement under subsection (c) is practicable
beginning with fiscal year 2023.
(2) Duration.--The pilot program shall be in effect for the
fiscal year in which the Secretary commences the pilot program,
as described in paragraph (1), and the subsequent 2 fiscal
years. Any construction commenced under the pilot program
before the expiration date may continue to completion.
(e) Progress Report.--Not later than February 15 of the final
fiscal year of the pilot program, the Secretary of Defense shall submit
to the congressional defense committees a report evaluating the success
of the pilot program in improving the timeliness of the United States
Indo-Pacific Command in achieving its military construction priorities.
The Secretary shall include in the report--
(1) an evaluation of the likely positive and negative
impacts were the pilot program extended or made permanent and,
if extended or made permanent, the likely positive and negative
impacts of expansion to cover all or additional combatant
commands; and
(2) the recommendations of the Secretary regarding whether
the pilot program should be extended or made permanent and
expanded.
SEC. 2808. BIANNUAL REPORT REGARDING MILITARY INSTALLATIONS SUPPORTED
BY DISASTER RELIEF APPROPRIATIONS.
(a) Report Required.--Biannually through September 30, 2025, both
the Secretary of the Air Force and the Secretary of the Navy shall
submit to the relevant congressional committees a report regarding the
obligation and expenditure at military installations under the
jurisdiction of the Secretary concerned of appropriations made
available to the Secretary concerned in title V of the Military
Construction, Veterans Affairs, and Related Agencies Appropriations
Act, 2020 (division F of Public Law 116-94).
(b) Elements of Report.--Each report under subsection (a) shall
include for the period covered by the report the following elements:
(1) The timeline for award of contracts for each military
construction project to be funded with appropriations referred
to in subsection (a).
(2) The status, including obligations and expenditures, of
each contract already awarded for such military construction
projects.
(3) An assessment of the contracting capacity of the
communities in the vicinity of such military installations to
support such contracts.
(4) The expectations that such local communities will be
required to address.
(c) Public Availability of Report.--The information in each report
specific to a particular military installation shall be made available
online using a public forum commonly used in the locality in which the
installation is located.
(d) Early Termination.--Notwithstanding the date specified in
subsection (a), the Secretary of the Air Force and the Secretary of the
Navy may terminate the reporting requirement applicable to the
Secretary concerned under such subsection effective on the date on
which the Secretary concerned certifies to the relevant congressional
committees that at least 90 percent of the appropriations referred to
in such subsection and made available to the Secretary concerned have
been expended.
(e) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means--
(1) the Committee on Armed Services and the Subcommittee on
Military Construction, Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of
Representatives; and
(2) the Committee on Armed Services and the Subcommittee on
Military Construction, Veterans Affairs, and Related Agencies
of the Senate.
Subtitle B--Military Family Housing Reforms
SEC. 2811. EXPENDITURE PRIORITIES IN USING DEPARTMENT OF DEFENSE FAMILY
HOUSING IMPROVEMENT FUND.
(a) In General.--Section 2883(d)(1) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary of Defense shall require that eligible entities
receiving amounts from the Department of Defense Family Housing
Improvement Fund prioritize the use of such amounts for expenditures
related to operating expenses, debt payments, and asset
recapitalization before other program management-incentive fee
expenditures.''.
(b) Effective Date.--The requirements set forth in subparagraph (B)
of section 2883(d)(1) of title 10, United States Code, as added by
subsection (a), shall apply to appropriate legal documents entered into
or renewed on or after the date of the enactment of this Act between
the Secretary of a military department and a landlord regarding
privatized military housing. In this subsection, the terms ``landlord''
and ``privatized military housing'' have the meanings given those terms
in section 3001(a) of the Military Construction Authorization Act for
Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat. 1916; 10
U.S.C. 2821 note).
SEC. 2812. PROMULGATION OF GUIDANCE TO FACILITATE RETURN OF MILITARY
FAMILIES DISPLACED FROM PRIVATIZED MILITARY HOUSING.
(a) Guidance Required.--The Secretary of Defense shall promulgate
guidance for commanders of military installations and installation
housing management offices to facilitate and manage the return of
tenants who are displaced from privatized military housing--
(1) as a result of an environmental hazard or other damage
adversely affecting the habitability of the privatized military
housing; or
(2) during remediation or repair activities in response to
the hazard or damages.
(b) Availability of Reimbursement.--As part of the guidance, the
Secretary of Defense shall identify situations in which a tenant of
privatized military housing should be reimbursed for losses to personal
property of the tenant that are not covered by insurance and are
incurred by the tenant in the situations described in subsection (a).
(c) Consultation.--The Secretary of Defense shall promulgate the
guidance in consultation with the Secretaries of the military
departments, the Chief Housing Officer, landlords, and other interested
persons.
(d) Implementation.--The Secretaries of the military departments
shall be responsible for ensuring the implementation of the guidance at
military installations under the jurisdiction of the Secretary
concerned.
(e) Definitions.--In this section, the terms ``landlord'',
``privatized military housing'', and ``tenant'' have the meanings given
those terms in section 3001(a) of the Military Construction
Authorization Act for Fiscal Year 2020 (division B of Public Law 116-
92; 133 Stat. 1916; 10 U.S.C. 2821 note).
SEC. 2813. PROMULGATION OF GUIDANCE ON MOLD MITIGATION IN PRIVATIZED
MILITARY HOUSING.
(a) Guidance Required.--The Secretary of Defense shall establish a
working group to promulgate guidance regarding best practices for mold
mitigation in privatized military housing and for making the
determination regarding when the presence of mold in a unit of home
privatized military housing is an emergency situation requiring the
relocation of the residents of the unit.
(b) Members.--The working groups shall include the Surgeon Generals
of the Armed Forces and such other subject-matter experts as the
Secretary considers appropriate.
SEC. 2814. EXPANSION OF UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED
MILITARY HOUSING AND HAZARD AND HABITABILITY INSPECTION
AND ASSESSMENT REQUIREMENTS TO GOVERNMENT-OWNED AND
GOVERNMENT-CONTROLLED MILITARY FAMILY HOUSING.
(a) Uniform Code of Basic Standards for Military Housing.--The
Secretary of Defense shall expand the uniform code of basic housing
standards for safety, comfort, and habitability for privatized military
housing established pursuant to section 3051(a) of the Military
Construction Authorization Act for Fiscal Year 2020 (division B of
Public Law 116-92; 133 Stat. 1941; 10 U.S.C. 2871 note) to include
Government-owned and Government-controlled military family housing
located inside or outside the United States and occupied by members of
the Armed Forces.
(b) Inspection and Assessment Plan.--The Secretary of Defense shall
expand the Department of Defense housing inspection and assessment plan
prepared pursuant to section 3051(b) of the Military Construction
Authorization Act for Fiscal Year 2020 (division B of Public Law 116-
92; 133 Stat. 1941; 10 U.S.C. 2871 note) to include Government-owned
and Government-controlled military family housing located inside or
outside the United States and occupied by members of the Armed Forces
and commence inspections and assessments of such military family
housing pursuant to the plan.
SEC. 2815. ESTABLISHMENT OF EXCEPTIONAL FAMILY MEMBER PROGRAM HOUSING
LIAISON.
(a) Establishment.--Not later than September 30, 2021, each
Secretary of a military department shall appoint at least one
Exceptional Family Member Program housing liaison for that military
department.
(b) Duties.--The duties of a Exceptional Family Member Program
housing liaison are to assist military families enrolled in that
Program, and who are disproportionally housed in facilities under the
Military Housing Privatization Initiative, in obtaining cost-effective
services needed by such families.
SEC. 2816. DEPARTMENT OF DEFENSE REPORT ON CRITERIA AND METRICS USED TO
EVALUATE PERFORMANCE OF LANDLORDS OF PRIVATIZED MILITARY
HOUSING THAT RECEIVE INCENTIVE FEES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report--
(1) describing the criteria and metrics currently used by
the Department of Defense to analyze the performance of
landlords that receive incentive fees;
(2) evaluating the effectiveness of such criteria and
metrics in accurately judging the performance of such
landlords; and
(3) containing such recommendations as the Secretary
considers appropriate to revise such criteria and metrics to
better evaluate the performance of such landlords.
(b) Preparation of Report.--To prepare the report required by
subsection (a), the Secretary of Defense first shall solicit the views
of the Secretaries of the military departments.
(c) Definitions.--In this section, the terms ``incentive fees'' and
``landlord'' have the meanings given those terms in paragraphs (9) and
(10) of section 2871 of title 10, United States Code.
SEC. 2817. REPORT ON DEPARTMENT OF DEFENSE EFFORTS REGARDING OVERSIGHT
AND ROLE IN MANAGEMENT OF PRIVATIZED MILITARY HOUSING.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
progress made by the Department of Defense in implementing the
recommendations contained in the report of the Comptroller General
regarding military housing entitled ``DOD Needs to Strengthen Oversight
and Clarify Its Role in the Management of Privatized Housing'' and
dated March 2020 (GAO-20-281).
SEC. 2818. IMPROVED DEPARTMENT OF DEFENSE AND LANDLORD RESPONSE TO
IDENTIFICATION AND REMEDIATION OF SEVERE ENVIRONMENTAL
HEALTH HAZARDS IN MILITARY HOUSING.
(a) Definitions.--In this section:
(1) The terms ``landlord'', ``privatized military
housing'', and ``tenant'' have the meanings given those terms
in section 3001(a) of the Military Construction Authorization
Act for Fiscal Year 2020 (division B of Public Law 116-92; 133
Stat. 1916; 10 U.S.C. 2821 note).
(2) The term ``severe environmental health hazard'' means
asbestos, radon, lead, and such other hazardous substances as
the Secretary of Defense may designate.
(b) Guidance Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Secretary of Defense shall
issue guidance regarding hazard assessments conducted under
section 3052(b) of the Military Construction Authorization Act
for Fiscal Year 2020 (division B of Public Law 116-92; 10
U.S.C. 2821 note) subsection (b) and under the process
developed under section 3053(a) of such Act (10 U.S.C. 2821
note) to improve Department of Defense and landlord
identification and resolution of severe environmental health
hazards in housing under the jurisdiction of the Department of
Defense (including privatized military housing).
(2) Testing and inspection requirements.--The guidance
issued under this subsection shall specifically require, on an
annual basis or at more frequent intervals as the Secretary
considers appropriate, the following:
(A) Testing in housing under the jurisdiction of
the Department of Defense (including privatized
military housing) for known severe environmental health
hazards.
(B) Inspections of such housing to determine the
efficacy of mitigation or encapsulation measures
regarding severe environmental health hazards. Such
inspections shall be performed by qualified home
inspectors (as described in section 3051(d) of the
Military Construction Authorization Act for Fiscal Year
2020 (division B of Public Law 116-92; 10 U.S.C. 2821
note) and adhere to recognized industry practices and
standards.
(3) Additional requirement for lead encapsulation.--The
guidance issued under this subsection shall specifically
require that testing of the integrity of lead encapsulation
will be performed on an emergency basis at the request of the
affected tenant.
(4) Prompt notification requirement.--The results of
testing and inspections described in paragraphs (2) and (3)
shall be shared with the tenant of the affected housing within
48 hours after receipt of the results by the housing management
office of the military installation for which the housing is
provided, the installation commander, or the landlord,
whichever occurs first.
(5) Alternative housing.--The Secretary of the military
department concerned shall provide alternative housing to
affected tenants until any discrepancies are resolved, as
provided in the department's displaced tenants policy.
(c) Additional Protections for Certain Members.--Members of the
Armed Forces assigned to a military installation who are required to
reside in on-installation housing (including privatized military
housing on the installation) because of the members' essential status
shall be provided the following information before occupying the
housing (and, in the case of privatized military housing, signing lease
documents):
(1) The most recent results of testing and inspections
described in paragraphs (2) and (3) of subsection (b) regarding
the housing.
(2) If any of the tests and inspections were positive,
information on the mitigation or encapsulation measures in
place in the housing.
(3) Information on required maintenance of mitigation
measures.
SEC. 2819. INCLUSION OF ASSESSMENT OF PERFORMANCE METRICS IN ANNUAL
PUBLICATION ON USE OF INCENTIVE FEES FOR PRIVATIZED
MILITARY HOUSING PROJECTS.
(a) Required Inclusion of Assessment of Performance Metrics.--
Section 2891c(b)(1) of title 10, United States Code, is amended by
striking ``, on a publicly accessible website, information'' and
inserting the following: ``the following on a publicly accessible
website:
``(A) For each contract for the provision or management of
housing units:
``(i) An assessment of indicators underlying the
performance metrics under such contract to ensure such
indicators adequately measure the condition and quality
of each housing unit covered by the contract, including
the following:
``(I) Tenant satisfaction.
``(II) Maintenance management.
``(III) Project safety.
``(IV) Financial management.
``(ii) A detailed description of each indicator
assessed under subparagraph (A), including an
indication of the following:
``(I) The limitations of available survey
data.
``(II) How tenant satisfaction and
maintenance management is calculated.
``(III) Whether relevant data is missing.
``(B) Information''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Section 2891c(b)(2) of title
10, United States Code, is amended--
(A) by striking ``paragraph (1)'' and inserting
``paragraph (1)(B)''; and
(B) by striking ``each contract'' and inserting
``each contract for the provision or management of
housing units''.
(2) Clerical amendments.--
(A) Section heading.--The heading of section 2891c
of title 10, United States Code, is amended to read as
follows:
``Sec. 2891c. Transparency regarding finances and performance
metrics''.
(B) Subsection heading.--Section 2891c(b) of title
10, United States Code, is amended in the subsection
heading by striking ``Availability of Information on
Use of Incentive Fees'' and inserting ``Public
Availability of Certain Information''.
(C) Table of sections.--The table of sections at
the beginning of subchapter V of chapter 169 of title
10, United States Code, is amended by striking the item
relating to section 2891c and inserting the following
new item:
``2891c. Transparency regarding finances and performance metrics.''.
Subtitle C--Real Property and Facilities Administration
SEC. 2821. CODIFICATION OF REPORTING REQUIREMENTS REGARDING UNITED
STATES OVERSEAS MILITARY ENDURING LOCATIONS AND
CONTINGENCY LOCATIONS.
(a) Inclusion of Information in Existing Annual Report.--Section
2687a(a) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``Master Plans''
and inserting ``Overseas Military Locations'';
(2) in paragraph (1), by striking subparagraph (B) and
inserting the following new subparagraph:
``(B) overseas military locations, whether such a location
is designated as an enduring location or contingency
location.''; and
(3) by striking paragraph (2) and inserting the following
new paragraphs:
``(2) To satisfy the reporting requirement specified in paragraph
(1)(B), a report under paragraph (1) shall contain the following:
``(A) A description of the strategic goal and operational
requirements supported by each overseas military location.
``(B) A summary of the terms of agreements for each
overseas military location, including--
``(i) the type of implementing agreement;
``(ii) any annual lease or access costs to the
United States under the agreement; and
``(iii) any limitation on United States military
presence, activities, or operations at the overseas
military location.
``(C) A list of all infrastructure investments made at each
overseas military location during the previous fiscal year,
delineated by project location, project title or description,
cost of project, any amount paid by a host nation to cover all
or part of the project cost, and authority used to undertake
the project.
``(D) A list of all infrastructure requirements for each
overseas military location anticipated during the fiscal year
in which the report is submitted and the next four fiscal
years, delineated as described in subparagraph (C).
``(E) A list of any overseas military locations newly
established during the previous fiscal year.
``(F) A description of any plans to transition an existing
contingency overseas military location to an enduring overseas
military location or to upgrade or downgrade the designation of
an existing enduring or contingency overseas military location
during the fiscal year in which the report is submitted or the
next four fiscal years.
``(G) A list of any overseas military locations that,
during the previous fiscal year, were transferred to the
control of security forces of the host country or another
military force, closed, or for any other reason no longer used
by the armed forces, including a summary of any costs
associated with the transfer or closure of the overseas
military location.
``(H) A summary of the impact that the establishment or
maintenance of each overseas military location has on security
commitments undertaken by the United States pursuant to any
international security treaty or the current security
environments in the combatant commands, including United States
participation in theater security cooperation activities and
bilateral partnership, exchanges, and training exercises.
``(I) A summary of any force protection risks identified
for each overseas military location, the actions proposed to
mitigate such risks, and the resourcing and implementation plan
to implement the mitigation actions.
``(J) An assessment of force protection measures by host
nations for each overseas military location and recommendations
to mitigate any potential risks identified.
``(K) Such other such matters related to overseas military
locations as the Secretary of Defense considers appropriate.
``(3)(A) In this subsection, the term `overseas military location'
covers both enduring locations and contingency locations established
outside the United States.
``(B) An enduring location is primarily characterized either by the
presence of permanently assigned United States forces with robust
infrastructure and quality of life amenities to support that presence,
by the sustained presence of allocated United States forces with
infrastructure and quality of life amenities consistent with that
presence, or by the periodic presence of allocated United States forces
with little or no permanent United States military presence or
controlled infrastructure. Enduring locations include main operating
bases, forward operating sites, and cooperative security locations.
``(C) A contingency location refers to a location outside of the
United States that is not covered by subparagraph (B), but that is used
by United States forces to support and sustain operations during named
and unnamed contingency operations or other operations as directed by
appropriate authority and is categorized by mission life-cycle
requirements as initial, temporary, or semi-permanent.
``(4) The Secretary of Defense shall prepare the report under
paragraph (1) in coordination with the Under Secretary of Defense for
Policy and the Under Secretary of Defense for Acquisition and
Sustainment.
``(5) A report under paragraph (1) shall be submitted in
unclassified form, but may contain a classified annex as necessary.''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Section 2687a(e)(2) of title
10, United States Code, is amended by striking ``host nation''
both places it appears and inserting ``host country''.
(2) Section heading.--The heading of section 2687a of title
10, United States Code, is amended to read as follows:
``Sec. 2687a. Overseas base closures and realignments and status of
United States overseas military locations''.
(3) Table of sections.--The table of sections at the
beginning of chapter 159 of title 10, United States Code, is
amended by striking the item relating to section 2687a and
inserting the following new item:
``2687a. Overseas base closures and realignments and status of United
States overseas military locations.''.
(c) Repeal of Superceded Reporting Requirement.--Section 2816 of
the Military Construction Authorization Act for Fiscal Year 2016
(division B of Public Law 114-92; 129 Stat. 1176) is repealed.
SEC. 2822. LIMITATIONS ON RENEWAL OF UTILITY PRIVATIZATION CONTRACTS.
(a) Contract Renewal Authority.--Section 2688(d)(2) of title 10,
United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by inserting after the first sentence the following new
subparagraph:
``(B) A longer-term contract entered into under the authority of
subparagraph (A) may be renewed in the manner provided in such
subparagraph, except that such a contract renewal may only be awarded
during the final five years of the existing contract term.''.
(b) Conforming Amendments.--Section 2688(d)(2) of title 10, United
States Code, is further amended--
(1) by striking ``The determination of cost effectiveness''
and inserting the following:
``(C) A determination of cost effectiveness under this paragraph'';
and
(2) by striking ``the contract'' and inserting ``the
contract or contract renewal''.
SEC. 2823. VESTING EXERCISE OF DISCRETION WITH SERVICE SECRETARIES
REGARDING ENTERING INTO LONGER-TERM CONTRACTS FOR UTILITY
SERVICES.
Section 2688(d)(2) of title 10, United States Code, as amended by
section 2822, is further amended--
(1) by striking ``The Secretary of Defense, or the designee
of the Secretary,'' and inserting ``The Secretary concerned'';
and
(2) by striking ``if the Secretary'' and inserting ``if the
Secretary concerned''.
SEC. 2824. USE OF ON-SITE ENERGY PRODUCTION TO PROMOTE MILITARY
INSTALLATION ENERGY RESILIENCE AND ENERGY SECURITY.
(a) Promotion of On-Site Energy Security and Energy Resilience.--
Section 2911 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(h) Promotion of On-Site Energy Security and Energy Resilience.--
(1) Consistent with the energy security and resilience goals of the
Department of Defense and the energy performance master plan referred
to in this section, the Secretary concerned shall consider, when
feasible, projects for the production of installation energy that
benefits military readiness and promotes installation energy security
and energy resilience in the following manner:
``(A) Location of the energy-production infrastructure on
the military installation that will consume the energy.
``(B) Incorporation of energy resilience features, such as
microgrids, to ensure that energy remains available to the
installation even when the installation is not connected to
energy sources located off the installation.
``(C) Reduction in periodic refueling needs from sources
off the installation to not more than once every two years.
``(3) In this subsection, the term `microgrid' means an integrated
energy system consisting of interconnected loads and energy resources
that, if necessary, can be removed from the local utility grid and
function as an integrated, stand-alone system.''.
(b) Evaluation of Feasibility of Expanding Use of On-Site Energy
Production.--
(1) Projects authorized.--Subsection (h) of section 2911 of
title 10, United States Code, as added by subsection (a), is
amended by inserting after paragraph (1) the following new
paragraph:
``(2)(A) Using amounts made available for military construction
projects under section 2914 of this title, the Secretary of Defense
shall carry out at least four projects to promote installation energy
security and energy resilience in the manner described in paragraph
(1).
``(B) At least one project shall be designed to develop technology
that demonstrates the ability to connect an existing on-site energy
generation facility that uses solar power with one or more installation
facilities performing critical missions in a manner that allows the
generation facility to continue to provide electrical power to these
facilities even if the installation is disconnected from the commercial
power supply.
``(C) At least one project shall be designed to develop technology
that demonstrates that one or more installation facilities performing
critical missions can be isolated, for purposes of electrical power
supply, from the remainder of the installation and from the commercial
power supply in a manner that allows an on-site energy generation
facility that uses a renewable energy source, other than solar energy,
to provide the necessary power exclusively to these facilities.
``(D) At least two projects shall be designed to develop technology
that demonstrates the ability to store sufficient electrical energy
from an on-site energy generation facility that uses a renewable energy
source to provide the electrical energy required to continue operation
of installation facilities performing critical missions during
nighttime operations.
``(E) The Secretary of Defense may not select as the site of a
project under this paragraph a military installation that already has
the ability to satisfy any of the project requirements described in
subparagraph (B), (C), or (D).
``(F) The authority of the Secretary of Defense to commence a
project under this paragraph expires on September 30, 2025.''.
(2) Briefing.--Not later than March 1, 2021, the Secretary
of Defense shall brief the congressional defense committees
regarding the plan to carry out the on-site energy production
projects authorized by paragraph (2) of section 2911 of title
10, United States Code, as added by paragraph (1).
SEC. 2825. AVAILABILITY OF ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM FUNDS FOR CERTAIN ACTIVITIES RELATED
TO PRIVATIZED UTILITY SYSTEMS.
Section 2914(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of this section, a military construction project
is deemed to include activities related to utility systems authorized
under subsections (h), (j), and (k) of section 2688 or section 2913 of
this title, notwithstanding that the United States does not own the
utility system, and energy-related activities included as a separate
requirement in an energy savings performance contract (as defined in
section 804(3) of the National Energy Conservation Policy Act (42
U.S.C. 8287c(3))).''.
SEC. 2826. IMPROVING WATER MANAGEMENT AND SECURITY ON MILITARY
INSTALLATIONS.
(a) Risk-Based Approach to Installation Water Management and
Security.--
(1) General requirement.--The Secretary concerned shall
adopt a risk-based approach to water management and security
for each military installation under the jurisdiction of the
Secretary.
(2) Implementation priorities.--The Secretary concerned
shall begin implementation of paragraph (1) by prioritizing
those military installations under the jurisdiction of the
Secretary that the Secretary determines--
(A) are experiencing the greatest risks to
sustainable water management and security; and
(B) face the most severe existing or potential
adverse impacts to mission assurance as a result of
such risks.
(3) Determination method.--Determinations under paragraph
(2) shall be made on the basis of the water management and
security assessments made by the Secretary concerned under
subsection (b).
(b) Water Management and Security Assessments.--
(1) Assessment methodology.--The Secretaries concerned,
acting jointly, shall develop a methodology to assess risks to
sustainable water management and security and mission
assurance.
(2) Elements.--Required elements of the assessment
methodology shall include the following:
(A) An evaluation of the water sources and supply
connections for a military installation, including
water flow rate and extent of competition for the water
sources.
(B) An evaluation of the age, condition, and
jurisdictional control of water infrastructure serving
the military installation.
(C) An evaluation of the military installation's
water-security risks related to drought-prone climates,
impacts of defense water usage on regional water
demands, water quality, and legal issues, such as water
rights disputes.
(D) An evaluation of the resiliency of the military
installation's water supply and the overall health of
the aquifer basin of which the water supply is a part,
including the robustness of the resource, redundancy,
and ability to recover from disruption.
(E) An evaluation of existing water metering and
consumption at the military installation, considered at
a minimum--
(i) by type of installation activity, such
as training, maintenance, medical, housing, and
grounds maintenance and landscaping; and
(ii) by fluctuations in consumption,
including peak consumption by quarter.
(c) Evaluation of Installations for Potential Net Zero Water
Usage.--
(1) Evaluation required.--The Secretary concerned shall
conduct an evaluation of each military installation under the
jurisdiction of the Secretary to determine the potential for
the military installation, or at a minimum certain installation
activities, to achieve net zero water usage.
(2) Elements.--Required elements of each evaluation shall
include the following:
(A) An evaluation of alternative water sources to
offset use of freshwater, including water recycling and
harvested rainwater for use as non-potable water.
(B) An evaluation of the practicality of
implementing Department of Energy guidelines for net
zero water usage, when practicable to minimize water
consumption and wastewater discharge in buildings
scheduled for renovation.
(C) An evaluation of the practicality of
implementing net zero water usage technology into new
construction in water-constrained areas, as determined
by water management and security assessments conducted
under subsection (b).
(d) Improved Landscaping Management Practices.--
(1) Landscaping management.--The Secretary concerned shall
implement, to the maximum extent practicable, at each military
installation under the jurisdiction of the Secretary
landscaping management practices to increase water resilience
and ensure greater quantities of water availability for
operational, training, and maintenance requirements.
(2) Arid or semi-arid climates.--For military installations
located in arid or semi-arid climates, landscaping management
practices shall include the use of xeriscaping.
(3) Non-arid climates.--For military installations located
in arid or non-arid climates, landscaping management practices
shall include the use of plants common to the region in which
the installation is located and native grasses and plants.
(4) Pollinator conservation reference guide.--The Secretary
concerned shall follow the recommendations of the Department of
Defense Pollinator Conservation Reference Guide (September
2018) to the maximum extent practicable in order to reduce
operation and maintenance costs related to landscaping
management, while improving area management. Consistent with
such guide, in the preparation of a military installation
landscaping plan, the Secretary concerned should consider the
following:
(A) Adding native flowering plants to sunny open
areas and removing overhanging tree limbs above open
patches within forested areas or dense shrub.
(B) Removing or controlling invasive plants to
improve pollinator habitat.
(C) Preserving known and potential pollinator
nesting and overwintering sites.
(D) Eliminating or minimizing pesticide use in
pollinator habitat areas.
(E) Mowing in late fall or winter after plants have
bloomed and set seed, adjusting timing to avoid
vulnerable life stages of special status pollinators.
(F) Mowing mid-day when adult pollinators can avoid
mowing equipment.
(e) Implementation Report.--
(1) Report required.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the other Secretaries concerned, shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the progress made in
implementing this section.
(2) Report elements.--The report shall include the
following:
(A) The methodology developed under subsection (b)
to conduct water management and security assessments.
(B) A list of the military installations that have
been assessed using such methodology and a description
of the findings.
(C) A list of planned assessments for the one-year
period beginning on the date of the submission of the
report.
(D) An evaluation of the progress made on
implementation of xeriscaping and other regionally
appropriate landscaping practices at military
installations.
(f) Definitions.--In this section:
(1) The term ``net zero water usage'', with respect to a
military installation or installation activity, means a
situation in which the combination of limitations on the
consumption of water resources and the return of water to an
original water source by the installation or activity is
sufficient to prevent any reduction in the water resources of
the area in both quantity and quality over a reasonable period
of time.
(2) The terms ``Secretary concerned'' and ``Secretary''
mean the Secretary of a military department and the Secretary
of Defense with respect to the Pentagon Reservation.
(3) The term ``xeriscaping'' means landscape design that
emphasizes low water use and drought-tolerant plants that
require little or no supplemental irrigation.
SEC. 2827. PILOT PROGRAM TO TEST USE OF EMERGENCY DIESEL GENERATORS IN
A MICROGRID CONFIGURATION AT CERTAIN MILITARY
INSTALLATIONS.
(a) Pilot Program Authorized.--The Secretary of Defense may conduct
a pilot program (to be known as the Emergency Diesel Generator
Microgrid Program) to evaluate the feasibility and cost effectiveness
of connecting existing diesel generators at a military installation
selected pursuant to subsection (c) to create and support one or more
microgrid configurations at the installation capable of providing full-
scale electrical power for the defense critical facilities located at
the installation during an emergency involving the loss of external
electric power supply caused by an extreme weather condition, manmade
intentional infrastructure damage, or other circumstances.
(b) Goal of Pilot Program.--The goals of the Emergency Diesel
Generator Microgrid Program are--
(1) to test assumptions about lower operating and
maintenance costs, parts interchangeability, lower emissions,
lower fuel usage, increased resiliency, increased reliability,
and reduced need for emergency diesel generators; and
(2) to establish design criteria that could be used to
build and sustain emergency diesel generator microgrids at
other military installations.
(c) Pilot Program Locations.--As the locations to conduct the
Emergency Diesel Generator Microgrid Program, the Secretary of Defense
shall select two major military installations located in different
geographical regions of the United States that the Secretary
determines--
(1) are defense critical electric infrastructure sites or
contain, or are served by, defense critical electric
infrastructure;
(2) contain more than one defense critical function for
national defense purposes and the mission assurance of such
critical defense facilities are paramount to maintaining
national defense and force projection capabilities at all
times; and
(3) face unique electric energy supply, delivery, and
distribution challenges that, based on the geographic location
of the installations and the overall physical size of the
installations, adversely impact rapid electric infrastructure
restoration after an interruption.
(d) Specifications of Diesel Generators and Microgrid.--
(1) Generator specifications.--The Secretary of Defense
shall use existing diesel generators that are sized >/= 750kW
output.
(2) Microgrid specifications.--The Secretary of Defense
shall create the microgrid using commercially available and
proven designs and technologies. The existing diesel generators
used for the microgrid should be spaced within 1.0 to 1.5 mile
of each other and, using a dedicated underground electric cable
network, be tied into a microgrid configuration sufficient to
supply mission critical facilities within the service area of
the microgrid. A selected military installation may contain
more than one such microgrid under the Emergency Diesel
Generator Microgrid Program.
(e) Program Authorities.--The Secretary of Defense may use the
authority under section 2914 of title 10, United States Code (known as
the Energy Resilience and Conservation Investment Program) and energy
savings performance contracts to conduct the Emergency Diesel Generator
Microgrid Program.
(f) Definitions.--For purposes of the Emergency Diesel Generator
Microgrid Program:
(1) The term ``defense critical electric infrastructure''
has the meaning given that term in section 215A of the Federal
Power Act (16 U.S.C. 824o-1).
(2) The term ``energy savings performance contract'' has
the meaning given that term in section 804(3) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(3)).
(3) The term ``existing diesel generators'' means diesel
generators located, as of the date of the enactment of this
Act, at a major military installation selected as a location
for the Emergency Diesel Generator Microgrid Program and
intended for emergency use.
(4) The term ``major military installation'' has the
meaning given that term in section 2864 of title 10, United
States Code.
SEC. 2828. IMPROVED ELECTRICAL METERING OF DEPARTMENT OF DEFENSE
INFRASTRUCTURE SUPPORTING CRITICAL MISSIONS.
(a) Options To Improve Electrical Metering.--The Secretary of
Defense and the Secretaries of the military departments shall improve
the metering of electrical energy usage of covered defense structures
to accurately determine energy consumption by such a structure to
increase energy efficiency and improve energy resilience, using any
combination of the options specified in subsection (b) or such other
methods as the Secretary concerned considers practicable.
(b) Metering Options.--Electrical energy usage options to be
considered for a covered defense structure include the following:
(1) Installation of a smart meter at the electric power
supply cable entry point of the covered defense structure, with
remote data storage and retrieval capability using cellular
communication, to provide historical energy usage data on an
hourly basis to accurately determine the optimum cost effective
energy efficiency and energy resilience measures for the
covered defense structure.
(2) Use of an energy usage audit firm to individually meter
the covered defense structure using clamp-on meters and data
storage to provide year-long electric energy load profile data,
particularly in the case of a covered defense structure located
in climates with highly variable use based on weather or
temperature changes to accurately identify electric energy
usage demand for both peak and off peak periods for a covered
defense structure.
(3) Manual collection and calculation of the connected load
via nameplate data survey of all the connected electrical
devices for the covered defense structure and comparing it to
the designed maximum rating of the incoming electric supply to
determine the maximum electrical load for the covered defense
structure.
(c) Consideration of Partnerships.--The Secretary of Defense and
the Secretaries of the military departments shall consider the use of
arrangements (known as public-private partnerships) with appropriate
entities outside the Government to reduce the cost of carrying out this
section.
(d) Definitions.--In this section:
(1) The term ``covered defense structure'' means any
infrastructure under the jurisdiction of the Department of
Defense inside the United States that the Secretary of Defense
or the Secretary of the military department concerned
determines--
(A) is used to support a critical mission of the
Department; and
(B) is located at a military installation with
base-wide resilient power.
(2) The term ``energy resilience'' has the meaning given
that term in section 101(e)(6) of title 10, United States Code.
(e) Implementation Report.--As part of the Department of Defense
energy management report to be submitted under section 2925 of title
10, United States Code, during fiscal year 2022, the Secretary of
Defense shall include information on the progress being made to comply
with the requirements of this section.
SEC. 2829. RENAMING CERTAIN MILITARY INSTALLATIONS AND OTHER DEFENSE
PROPERTY.
(a) Definitions.--In this section:
(1) The term ``advisory panel'' means an advisory panel
established by the Secretary concerned to assist the Secretary
concerned in the renaming process required by this section.
(2) The term ``covered defense property'' means any real
property, including any building, structure, or other
improvement to real property thereon, under the jurisdiction of
the Secretary concerned that is named after any person who
served in the political or military leadership of any armed
rebellion against the United States.
(3) The term ``covered military installation'' means a
military installation or reserve component facility that is
named after any person who served in the political or military
leadership of any armed rebellion against the United States.
(4) The term ``identification report'' means the initial
report required by subsection (c) that identifies covered
military installations and covered defense property.
(5) The term ``military installation'' has the meaning
given that term in section 2801(c) of title 10, United States
Code.
(6) The term ``other improvement'' includes any library,
classroom, parade ground or athletic field, training range,
roadway, or similar physical feature.
(7) The term ``process report'' means the report required
by subsection (d) that describes the renaming process to be
used by the Secretary concerned.
(8) The term ``renaming report'' means the final report
required by subsection (f) that provides new names for covered
military installations and covered defense property.
(9) The term ``reserve component facility'' has the meaning
given the term ``facility'' in section 18232 of title 10,
United States Code, and covers those facilities for which title
is vested in the United States or for which the Secretary of
Defense contributed funds under section 18233(a) of such title
or former section 2233 of such title.
(10) The term ``Secretary concerned'' means the Secretary
of a military department and includes the Secretary of Defense
with respect to matters concerning the Defense Agencies.
(b) Renaming Required; Deadline.--Not later than 1 year after the
date of the enactment of this Act, the Secretary concerned shall--
(1) complete the renaming process required by this section;
and
(2) commence the renaming of each covered military
installation and covered defense property identified in the
renaming report pursuant to the guidance issued by the
Secretary concerned under subsection (f).
(c) Identification Report; Deadline.--Not later than 60 days after
the date of the enactment of this Act, each Secretary concerned shall
submit to the congressional defense committees a report that identifies
each covered military installation and all covered defense property
under the jurisdiction of the Secretary concerned that the Secretary
concerned determines satisfies the definitions given those terms in
subsection (a).
(d) Process Report; Deadline.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, each Secretary concerned shall
submit to the congressional defense committees a report
describing the process by which the Secretary concerned will
rename each covered military installation and covered defense
property identified in the renaming report prepared by the
Secretary concerned.
(2) Report elements.--At minimum, the process report shall
contain the following elements:
(A) A detailed description of the process to be
used by the Secretary concerned to develop a list of
potential names for renaming covered military
installations and covered defense property.
(B) An explanation regarding whether or not the
Secretary concerned established, or will establish, an
advisory panel to support the review process and make
recommendations to the Secretary concerned. If the
Secretary concerned has established, or will establish,
an advisory panel, the report shall include the names
and positions of the individuals who will serve on the
advisory panel that represent:
(i) Military leadership from covered
military installations.
(ii) Military leadership from military
installations containing covered defense
property.
(iii) State leaders and leaders of the
locality in which a covered military
installation or covered defense property is
located.
(iv) Representatives from military museums,
military historians, or relevant historians
from the impacted States and localities with
relevant expertise.
(v) Community civil rights leaders.
(C) The criteria the Secretary concerned will use
to inform the renaming process.
(D) A description of the process for accepting and
considering public comments from members of the Armed
Forces, veterans, and members of the local community on
potential names for renaming covered military
installations and covered defense property.
(E) A timeline for the renaming process consistent
with the deadline specified in subsection (b).
(e) Congressional Guidance on Renaming Criteria.--
(1) Preferences.--As part of the renaming process
established by the Secretary concerned and described in the
process report required by subsection (c), the Secretary
concerned shall give a preference for renaming covered military
installations and covered defense property after either--
(A) a battlefield victory by the Armed Forces
consistent with current Department of Defense naming
conventions; or
(B) a deceased member of the Armed Forces (other
than the limited exception described in clause (iv))
who satisfies one of more of the following:
(i) Was a recipient of the Congressional
Medal of Honor.
(ii) Was recognized for heroism in combat
or for other significant contributions to the
United States.
(iii) Was a member of a minority group who
overcame prejudice and adversity to perform
distinguished military service.
(iv) Is a deceased woman who overcame
prejudice and adversity to perform
distinguished military service on behalf of the
United States, including a woman who performed
such distinguished military service (whether
temporary service, auxiliary service, or other
qualifying military service) before 1948 when
women were allowed to officially join the Armed
Forces.
(v) Has links to the community or State
where the military installation or covered
property is located.
(vi) Served at the covered military
installation, in a unit of the Armed Forces
based at the covered installation; or at the
military installation containing the covered
defense property.
(2) Other considerations.--
(A) Junior servicemembers.--Junior members of the
Armed Forces should be favored in the renaming process
over general officers or flag officers.
(B) Branch consideration.--A deceased member of the
Armed Forces whose name is selected in the renaming
process should have served in the same Armed Force as
the majority of the members of the Armed Forces
stationed at the covered military installation renamed
in honor of the deceased member or at which the renamed
covered defense property is located.
(C) Conflict consideration.--The names selected in
the renaming process should recognize and reflect
significant battles or contingency operations since
1917 or the contributions of members of the Armed
Forces who served in wars and contingency operations
since 1917.
(D) Personal conduct.--A deceased member of the
Armed Forces whose name is selected in the renaming
process should be a person whose personal conduct
reflects the current values of the Armed Forces and its
members.
(f) Renaming Report; Deadline.--
(1) Report required.--Upon completing the renaming process
identified in the process report, but not later than 30 days
before the deadline specified in subsection (b), each Secretary
concerned shall submit to the congressional defense committees
a final report containing the list of the new names chosen for
each covered military installation and covered defense property
identified in the identification report prepared by the
Secretary concerned.
(2) Report elements.--At minimum, the renaming report shall
contain an explanation of the reasons for the selection of each
new name chosen for covered military installations and covered
defense property.
(3) Public availability.--The Secretary concerned shall
make the renaming report publicly available as soon as
practicable after submission of the renaming report.
(4) Guidance for actual renaming.--Not later than 30 days
after submission of the renaming report, the Secretary
concerned shall issue guidance to promptly affect the name
changes contained in the renaming report.
(g) Savings Clause.--Nothing in this section or the renaming
process required by this section shall be construed to have any effect
on grave markers or cemeteries that may exist on real property under
the jurisdiction of the Department of Defense.
Subtitle D--Land Conveyances
SEC. 2831. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Arizona Department of Emergency
and Military Affairs (in this section referred to as the ``State'') all
right, title, and interest of the United States in and to a parcel of
real property, including any improvements thereon, consisting of not
more than 3,000 acres at Camp Navajo, Arizona, for the purpose of
permitting the State to use the property--
(1) for training the Arizona Army National Guard and Air
National Guard; and
(2) for defense industrial base economic development
purposes that are compatible with the environmental security
and primary National Guard training purpose of Camp Navajo.
(b) Condition of Conveyance.--
(1) Use of revenues.--The authority of the Secretary of the
Army to make the conveyance described in subsection (a) is
subject to the condition that the State agree that all revenues
generated from the use of the property conveyed under such
subsection will be used to support the training requirements of
the Arizona Army National Guard and Air National Guard,
including necessary infrastructure maintenance and capital
improvements.
(2) Audit.--The United States Property and Fiscal Office
for Arizona shall--
(A) conduct periodic audits of all revenues
generated by uses of the conveyed property and the use
of such revenues; and
(B) provide the audit results to the Chief of the
National Guard Bureau.
(c) Reversionary Interest.--
(1) Interest retained.--If the Secretary of the Army
determines at any time that the property conveyed under
subsection (a) is not being used in accordance with the
purposes of the conveyance specified in such subsection, or
that the State has not complied with the condition imposed by
subsection (b), all right, title, and interest in and to the
conveyed property, including any improvements thereon, shall,
at the option of the Secretary, revert to and become the
property of the United States, and the United States shall have
the right of immediate entry onto the Property.
(2) Determination.--A determination by the Secretary under
this subsection shall be made on the record after an
opportunity for a hearing.
(d) Alternative Consideration Option.--
(1) Consideration option.--In lieu of exercising the
reversionary interest retained under subsection (c), the
Secretary of the Army may accept an offer by the State to pay
to the United States an amount equal to the fair market value
of the property conveyed under subsection (a), excluding the
value of any improvements on the conveyed property constructed
without Federal funds after the date of the conveyance is
completed, as determined by the Secretary.
(2) Treatment of consideration received.--Consideration
received by the Secretary under paragraph (1) shall be
deposited in the special account in the Treasury established
for the Secretary under subsection (e) of section 2667 of title
10, United States Code, and shall be available to the Secretary
for the same uses and subject to the same limitations as
provided in that section.
(e) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Army shall
require the State to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for such costs
incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs for environmental
documentation related to the conveyance, and any other
administrative costs related to the conveyance. If amounts are
collected from the State in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the State.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance or, if the period of
availability for obligations for that appropriation has
expired, to the fund or account currently available to the
Secretary for the same purpose. Amounts so credited shall be
merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Army.
(g) Savings Provision.--Nothing in this section shall be construed
to alleviate, alter, or affect the responsibility of the United States
for cleanup and remediation of the property to be conveyed under
subsection (a) in accordance with the Defense Environmental Restoration
Program under section 2701 of title 10, United States Code, and the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
(h) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States. These additional terms
may include a requirement for the State to consult with the Secretary
of the Navy regarding use of the conveyed property.
SEC. 2832. MODIFICATION OF LAND EXCHANGE INVOLVING NAVAL INDUSTRIAL
RESERVE ORDNANCE PLANT, SUNNYVALE, CALIFORNIA.
(a) Elements of Exchange.--Section 2841(a) of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1860) is amended by striking paragraphs
(1) and (2) and inserting the following new paragraphs:
``(1) real property, including improvements thereon,
located in Titusville, Florida, that will replace the NIROP and
meet the readiness requirements of the Department of the Navy,
as determined by the Secretary; and
``(2) reimbursement for the costs of relocation of
contractor and Government personnel and equipment from the
NIROP to the replacement facilities, to the extent specified in
the land exchange agreement contemplated in subsection (b).''.
(b) Elements of Land Exchange Agreement.--Section 2841(b)(1) of the
Military Construction Authorization Act for Fiscal Year 2018 (division
B of Public Law 115-91; 131 Stat. 1860) is amended by inserting after
``identifies'' the following: ``the costs of relocation to be
reimbursed by the Exchange Entity,''.
(c) Valuation of Properties and Compensation.--Section 2841 of the
Military Construction Authorization Act for Fiscal Year 2018 (division
B of Public Law 115-91; 131 Stat. 1860) is amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(3) by inserting after subsection (b) the following new
subsections:
``(c) Valuation.--The Secretary shall determine the fair market
value of the properties, including improvements thereon, to be
exchanged by the Secretary and the Exchange Entity under subsection
(a).
``(d) Compensation.--
``(1) Compensation required.--The Exchange Entity shall
provide compensation under the land exchange agreement
described in subsection (b) that is equal to or exceeds the
fair market value of the NIROP, as determined under subsection
(c).
``(2) In-kind consideration.--As part of the compensation
under the land exchange agreement, the Secretary and the
Exchange Entity may agree for the Exchange Entity to provide
the following forms of in-kind consideration at any property or
facility under the control of the Secretary:
``(A) Alteration, repair, improvement, or
restoration (including environmental restoration) of
property.
``(B) Use of facilities by the Secretary.
``(C) Provision of real property maintenance
services.
``(D) Provision of or payment of utility services.
``(E) Provision of such other services relating to
activities that will occur on the property as the
Secretary considers appropriate.
``(3) Deposit.--The Secretary shall deposit any cash
payments received under the land exchange agreement, other than
cash payments accepted under section 2695 of title 10, United
States Code, in the account in the Treasury established
pursuant to section 572(b) of title 40, United States Code.
``(4) Use of proceeds.--Proceeds deposited pursuant to
paragraph (3) in the account referred to in such paragraph
shall be available to the Secretary in such amounts as provided
in appropriations Acts for the following activities:
``(A) Maintenance, protection, alternation, repair,
improvement, or restoration (including environmental
restoration) of property or facilities.
``(B) Payment of utilities services.
``(C) Real property maintenance services.''.
(d) Treatment of Certain Amounts Received.--Subsection (f) of
section 2841 of the Military Construction Authorization Act for Fiscal
Year 2018 (division B of Public Law 115-91; 131 Stat. 1861), as
redesignated by subsection (c)(2) of this section, is amended by
striking ``(a), (c)(2), and (d)''and inserting ``(a) and (e)''.
(e) Sunset.--Subsection (j) of section 2841 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1861), as redesignated by subsection
(c)(2) of this section, is amended by striking ``October 1, 2023'' and
inserting ``October 1, 2026, if the Secretary and the Exchange Entity
have not entered into a land exchange agreement described in subsection
(b) before that date''.
SEC. 2833. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA.
(a) Conveyance Authorized.--If the Secretary of the Army determines
that no department or agency of the Federal Government will accept the
transfer of a parcel of real property consisting of approximately 525
acres at Sharpe Army Depot in Lathrop, California, the Secretary may
convey to the Port of Stockton, California, all right, title, and
interest of the United States in and to the property, including any
improvements thereon, for the purpose of permitting the Port of
Stockton to use the property for the development or operation of a port
facility.
(b) Modification of Parcel Authorized for Conveyance.--If a
department or agency of the Federal Government will accept the transfer
of a portion of the parcel of real property described in subsection
(a), the Secretary shall modify the conveyance authorized by such
subsection to exclude the portion of the parcel to be accepted by that
department or agency.
(c) Consideration.--
(1) Public benefit conveyance.--The Secretary of the Army
may assign the property for conveyance under subsection (a) as
a public benefit conveyance without monetary consideration to
the Federal Government if the Port of Stockton satisfies the
conveyance requirements specified in section 554 of title 40,
United States Code.
(2) Fair market value.--If the Port of Stockton fails to
qualify for a public benefit conveyance under paragraph (1) and
still desires to acquire the real property described in
subsection (a), the Port of Stockton shall pay to the United
States an amount equal to the fair market value of the property
to be conveyed. The Secretary shall determine the fair market
value of the property using an independent appraisal based on
the highest and best use of the property.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the
Army. The cost of the survey shall be borne by the Port of Stockton.
(e) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
(f) Sunset.--If the real property authorized for conveyance by
subsection (a) is not conveyed within 1 year after the date of the
enactment of this Act, the Secretary of the Army may report the
property excess for disposal in accordance with existing law.
SEC. 2834. LAND EXCHANGE, SAN BERNARDINO COUNTY, CALIFORNIA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means the County of San
Bernardino, California.
(2) Federal land.--The term ``Federal land'' means the
approximately 73 acres of Federal land generally depicted as
``Federal Land Proposed for Exchange'' on the map titled ``Big
Bear Land Exchange'' and dated August 6, 2018.
(3) Non-federal land.--The term ``non-Federal land'' means
the approximately 71 acres of land owned by the County
generally depicted as ``Non-Federal Land Proposed for
Exchange'' on the map referred to in paragraph (2).
(b) Exchange Authorized.--Subject to valid existing rights and the
terms of this section, no later than 1 year after the date that the
portion of the Pacific Crest National Scenic Trail is relocated in
accordance with subsection (i), if the County offers to convey the non-
Federal land to the United States, the Secretary of Agriculture shall--
(1) convey to the County all right, title, and interest of
the United States in and to the Federal land; and
(2) accept from the County a conveyance of all right,
title, and interest of the County in and to the non-Federal
land.
(c) Equal Value and Cash Equalization.--
(1) Equal value exchange.--The land exchange under this
section shall be for equal value, or the values shall be
equalized by a cash payment as provided for under this
subsection or an adjustment in acreage. At the option of the
County, any excess value of the non-Federal lands may be
considered a gift to the United States.
(2) Cash equalization payment.--The County may equalize the
values of the lands to be exchanged under this section by cash
payment without regard to any statutory limit on the amount of
such a cash equalization payment.
(3) Deposit and use of funds received from county.--Any
cash equalization payment received by the Secretary of
Agriculture under this subsection shall be deposited in the
fund established under Public Law 90-171 (16 U.S.C. 484a;
commonly known as the Sisk Act). The funds so deposited shall
remain available to the Secretary of Agriculture, until
expended, for the acquisition of lands, waters, and interests
in land for the San Bernardino National Forest.
(d) Appraisal.--The Secretary of Agriculture shall complete an
appraisal of the land to be exchanged under this section in accordance
with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(2) the Uniform Standards of Professional Appraisal
Practice.
(e) Title Approval.--Title to the land to be exchanged under this
section shall be in a format acceptable to the Secretary of Agriculture
and the County.
(f) Survey of Non-Federal Lands.--Before completing the exchange
under this section, the Secretary of Agriculture shall inspect the non-
Federal lands to ensure that the land meets Federal standards,
including hazardous materials and land line surveys.
(g) Costs of Conveyance.--As a condition of the conveyance of the
Federal land under this section, any costs related to the exchange
under this section shall be paid by the County.
(h) Management of Acquired Lands.--The Secretary of Agriculture
shall manage the non-Federal land acquired under this section in
accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.;
commonly known as the Weeks Act), and other laws and regulations
pertaining to National Forest System lands.
(i) Pacific Crest National Scenic Trail Relocation.--No later than
3 years after the date of enactment of this Act, the Secretary of
Agriculture, in accordance with applicable laws, shall relocate the
portion of the Pacific Crest National Scenic Trail located on the
Federal land--
(1) to adjacent National Forest System land;
(2) to land owned by the County, subject to County
approval;
(3) to land within the Federal land, subject to County
approval; or
(4) in a manner that combines two or more of the options
described in paragraphs (1), (2), and (3).
(j) Map and Legal Descriptions.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Agriculture shall
finalize a map and legal descriptions of all land to be conveyed under
this section. The Secretary may correct any minor errors in the map or
in the legal descriptions. The map and legal descriptions shall be on
file and available for public inspection in appropriate offices of the
Forest Service.
SEC. 2835. LAND CONVEYANCE, OVER-THE-HORIZON BACKSCATTER RADAR SYSTEM
RECEIVING STATION, MODOC COUNTY, CALIFORNIA.
(a) Conveyance Required.--
(1) In general.--As soon as practicable after receiving a
request from Modoc County, California (in this section referred
to as the ``County'') regarding the conveyance required by this
section, but subject to paragraph (2), the Secretary of
Agriculture shall convey to the County all right, title, and
interest of the United States in and to a parcel of National
Forest System land, including improvements thereon, consisting
of approximately 927 acres in Modoc National Forest in the
State of California and containing an obsolete Over-the-Horizon
Backscatter Radar System receiving station established on the
parcel pursuant to a memorandum of agreement between the
Department of the Air Force and Forest Service dated May 18 and
23, 1987.
(2) Applicable law and national security determination.--
The Secretary of Agriculture shall carry out the conveyance
under subsection (a) in accordance with this section and all
other applicable law, including the condition that the
conveyance not take place until the Secretary, in consultation
with the Secretary of the Air Force, determines that the
conveyance will not harm the national security interests of the
United States.
(b) Purpose of Conveyance.--The purpose of the conveyance under
subsection (a) is to preserve and utilize the improvements constructed
on the parcel of National Forest System land described in such
subsection and to permit the County to use the conveyed property,
including improvements thereon, for the development of renewable
energy, including solar and biomass cogeneration.
(c) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the County shall pay to the Secretary of
Agriculture an amount that is not less than the fair market
value of the parcel of land to be conveyed, as determined in
accordance with the Uniform Appraisal Standards for Federal
Land Acquisition and the Uniform Standards of Professional
Appraisal Practice.
(2) Treatment of cash consideration.--The Secretary shall
deposit the payment received under paragraph (1) in the account
in the Treasury established by Public Law 90-171 (commonly
known as the Sisk Act; 16 U.S.C. 484a). The amount deposited
shall be available to the Secretary, in such amounts as may be
provided in advance in appropriation Acts, to pay any necessary
and incidental costs incurred by the Secretary in connection
with the improvement, maintenance, reconstruction, or
construction of a facility or improvement for the National
Forest System located in the State of California.
(d) Reservation of Easement Related to Continued Use of Water
Wells.--The conveyance required by subsection (a) shall be conditioned
on the reservation of an easement by the Secretary of Agriculture,
subject to such terms and conditions as the Secretary deems
appropriate, necessary to provide access for use authorized by the
Secretary of the four water wells in existence on the date of the
enactment of this Act and associated water conveyance infrastructure on
the parcel of National Forest System lands to be conveyed.
(e) Withdrawal.--The National Forest System land described in
subsection (a) is withdrawn from the operation of the mining and
mineral leasing laws of the United States.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of Agriculture shall
require the County to cover costs (except costs for
environmental remediation of the property) to be incurred by
the Secretary, or to reimburse the Secretary for such costs
incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs for environmental
documentation, and any other administrative costs related to
the conveyance. If amounts are collected from the County in
advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the County.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary of Agriculture in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(g) Environmental Remediation.--
(1) In general.--To expedite the conveyance of the parcel
of National Forest System land described in subsection (a),
including improvements thereon, environmental remediation of
the land by the Department of the Air Force shall be limited to
the removal of the perimeter wooden fence, which was treated
with an arsenic-based weatherproof coating, and treatment of
soil affected by leaching of such chemical.
(2) Potential future environmental remediation
responsibilities.--Notwithstanding the conveyance of the parcel
of National Forest System land described in subsection (a), the
Secretary of the Air Force shall be responsible for the
remediation of any environmental contamination, discovered
post-conveyance, that is attributed to Air Force occupancy of
and operations on the parcel pre-conveyance.
(h) Compliance With Environmental Laws.--Notwithstanding the
requirements of section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)),
the Secretary of Agriculture shall not be required to provide any of
the covenants and warranties otherwise required under such section in
connection with the conveyance of the property under subsection (a).
(i) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of Agriculture.
SEC. 2836. TRANSFER OF ADMINISTRATIVE JURISDICTION, NAVAL SUPPORT
ACTIVITY PANAMA CITY, FLORIDA, PARCEL.
(a) Transfer to the Secretary of the Navy.--Administrative
jurisdiction over the parcel of Federal land consisting of
approximately 1.23 acres located within Naval Support Activity Panama
City, Florida, and used by the Department of the Navy pursuant to
Executive Order No. 10355 of May 26, 1952, and Public Land Order Number
952 of April 6, 1954, is transferred from the Secretary of the Interior
to the Secretary of the Navy.
(b) Land Survey.--The exact acreage and legal description of the
Federal land transferred by subsection (a) shall be determined by a
survey satisfactory to the Secretary of the Navy and the Secretary of
the Interior.
(c) Consideration and Reimbursement.--
(1) No consideration.--The transfer made by subsection (a)
shall be without consideration.
(2) Reimbursement.--The Secretary of the Navy shall
reimburse the Secretary of the Interior for any costs incurred
by the Secretary of the Interior under subsection (b) in
conducting the survey and preparing the legal description of
the Federal land transferred by subsection (a).
(d) Status of Land After Transfer.--Upon transfer of the Federal
land by subsection (a), the land shall cease to be public land and
shall be treated as property (as defined in section 102(9) of title 40,
United States Code) under the administrative jurisdiction of the
Secretary of the Navy.
SEC. 2837. LAND CONVEYANCE, MILAN ARMY AMMUNITION PLANT, TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the City of Milan, Tennessee (in this section referred to as the
``City''), all right, title, and interest of the United States in and
to parcels of real property, including any improvements thereon, at
Milan Army Ammunition Plant, Tennessee, consisting of approximately 292
acres and commonly referred to as Parcels A, B and C.
(b) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the City shall provide
consideration an amount equivalent to the fair market value of
the property conveyed under such subsection, as determined by
an appraisal approved by the Secretary of the Army. The
consideration may be in the form of cash payment, in-kind
consideration, or a combination thereof, provided at such time
as the Secretary may require.
(2) In-kind consideration.--In-kind consideration provided
by the City under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facility, real property, or
infrastructure under the jurisdiction of the Secretary.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Army shall
require the City to pay costs to be incurred by the Secretary,
or to reimburse the Secretary for such costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, appraisal costs, costs for
environmental documentation related to the conveyance, and any
other administrative costs related to the conveyance.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to pay the costs incurred by the
Secretary in carrying out the conveyance under subsection (a)
or, if the period of availability of obligations for that
appropriation has expired, to the appropriations of fund that
is currently available to the Secretary for the same purpose.
Amounts so credited shall be merged with amounts in such fund
or account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Army.
(e) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
Subtitle E--Military Land Withdrawals
SEC. 2841. RENEWAL OF LAND WITHDRAWAL AND RESERVATION TO BENEFIT NAVAL
AIR FACILITY, EL CENTRO, CALIFORNIA.
Section 2925 of the El Centro Naval Air Facility Ranges Withdrawal
Act (subtitle B of title XXIX of Public Law 104-201; 110 Stat. 2816) is
amended by striking ``25 years after the date of the enactment of this
subtitle'' and inserting ``on November 6, 2046''.
SEC. 2842. RENEWAL OF FALLON RANGE TRAINING COMPLEX LAND WITHDRAWAL AND
RESERVATION.
Notwithstanding section 3015 of the Military Lands Withdrawal Act
of 1999 (title XXX of Public Law 106-65; 113 Stat. 892), the withdrawal
and reservation of lands (known as the Fallon Range Training Complex)
made by section 3011(a) of such Act (113 Stat. 885) shall terminate on
November 6, 2046.
SEC. 2843. RENEWAL OF NEVADA TEST AND TRAINING RANGE LAND WITHDRAWAL
AND RESERVATION.
Notwithstanding section 3015 of the Military Lands Withdrawal Act
of 1999 (title XXX of Public Law 106-65; 113 Stat. 892), the withdrawal
and reservation of lands (known as the Nevada Test and Training Range)
made by section 3011(b) of such Act (113 Stat. 886) shall terminate on
November 6, 2046.
SEC. 2844. ADDITIONAL REQUIREMENTS REGARDING NEVADA TEST AND TRAINING
RANGE.
(a) Definitions.--In this section:
(1) The term ``affected Indian tribe'' means an Indian
tribe that has historical connections to--
(A) the land withdrawn and reserved as the Nevada
Test and Training Range; or
(B) the land included as part of the Desert
National Wildlife Refuge.
(2) The term ``current memorandum of understanding'' means
the memorandum of understanding referred to in section
3011(b)(5)(E) of the Military Lands Withdrawal Act of 1999
(title XXX of Public Law 106-65; 113 Stat. 888) as in effect on
the date of the enactment of this Act.
(3) The term ``heavy force'' means a military unit with
armored motorized equipment, such as tanks, motorized
artillery, and armored personnel carriers.
(4) The term ``large force'' means a military unit
designated as a battalion or larger organizational unit.
(5) The term ``Nevada Test and Training Range'' means the
land known as the Nevada Test and Training Range withdrawn and
reserved by section 3011(b) of the Military Lands Withdrawal
Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 886).
(6) The term ``overlapping lands'' means land withdrawn and
reserved as the Nevada Test and Training Range that also is
included as part of the Desert National Wildlife Refuge. This
land is commonly referred to as the Joint-Use Area.
(7) The term ``revised memorandum of understanding'' means
the current memorandum of understanding revised as required by
subsection (c)(1) and other provisions of this section.
(8) The term ``Secretaries'' means the Secretary of the Air
Force and the Secretary of the Interior acting jointly.
(9) The term ``small force'' means a military force of
squad, platoon, or equivalent or smaller size.
(b) Improved Coordination and Management of Overlapping Lands.--The
Secretaries shall coordinate the management of the overlapping lands
for military use and wildlife refuge purposes consistent with their
respective jurisdictional authorities described in paragraphs (3) and
(5) of section 3011(b) of the Military Lands Withdrawal Act of 1999
(title XXX of Public Law 106-65; 113 Stat. 887).
(c) Revision and Extension of Current Memorandum of
Understanding.--
(1) Revision required.--Not later than 2 years after the
date of the enactment of this Act, the Secretaries shall revise
the current memorandum of understanding to facilitate the
management of the overlapping lands--
(A) for the purposes for which the Desert National
Wildlife Refuge was established; and
(B) to support military training needs consistent
with the uses described under section 3011(b)(1) of the
Military Lands Withdrawal Act of 1999 (title XXX of
Public Law 106-65; 113 Stat. 886), as modified by
subsection (f).
(2) Relation to current law.--Upon completion of the
revision process, the revised memorandum of understanding shall
supersede the current memorandum of understanding. Subject to
paragraph (1) and subsection (d), clauses (i), (ii), (iii), and
(iv) of section 3011(b)(5)(E) of the Military Lands Withdrawal
Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 888)
shall apply to the revised memorandum of understanding in the
same manner as such clauses applied to the current memorandum
of understanding.
(d) Elements of Revised Memorandum of Understanding.--
(1) In general.--The revised memorandum of understanding
shall include, at a minimum, provisions to address the
following:
(A) The proper management and protection of the
natural and cultural resources of the overlapping
lands.
(B) The sustainable use by the public of such
resources to the extent consistent with existing laws
and regulations, including applicable environmental
laws.
(C) The use of the overlapping lands for the
military training needs for which the lands are
withdrawn and reserved and for wildlife conservation
purposes for which the Desert National Wildlife Refuge
was established, consistent with their respective
jurisdictional authorities.
(2) Consultation.--The Secretaries shall prepare the
revised memorandum of understanding in consultation with the
following:
(A) The resource consultative committee.
(B) Affected Indian tribes.
(3) Tribal issues.--The revised memorandum of understanding
shall include provisions to address the manner in which the
Secretary of the Air Force will accomplish the following:
(A) Meet the United States trust responsibilities
with respect to affected Indian tribes, tribal lands,
and rights reserved by treaty or Federal law affected
by the withdrawal and reservation of the overlapping
lands.
(B) Guarantee reasonable access to, and use by
members of affected Indian tribes of high priority
cultural sites throughout the Nevada Test and Training
Range, including the overlapping lands, consistent with
the reservation of the lands for military use.
(C) Protect identified cultural and archaeological
sites throughout the Nevada Test and Training Range,
including the overlapping lands, and, in the event of
an inadvertent ground disturbance of such a site,
implement appropriate response activities to once again
facilitate historic and subsistence use of the site by
members of affected Indian tribes.
(D) Provide for timely consultation with affected
Indian tribes as required by paragraph (2).
(4) Guaranteeing department of the interior access.--The
revised memorandum of understanding shall guarantee that the
Secretary of the Interior, acting through the United States
Fish and Wildlife Service, has access to the overlapping lands
for not less than 54 days during each calendar year to carry
out the management responsibilities of the United States Fish
and Wildlife Service regarding the Desert National Wildlife
Refuge.
(5) Elements of usfws access.--The United States Fish and
Wildlife Service may carry out more than one management
responsibility on the overlapping lands on an access day
guaranteed by paragraph (4). Recognized United States Fish and
Wildlife Service management responsibilities include the
following:
(A) The installation or maintenance of wildlife
water development projects, for which at least 15
access days guaranteed by paragraph (4) shall be
annually allotted during spring or winter months.
(B) The conduct of annual desert bighorn sheep
surveys.
(C) The management of the annual desert bighorn
sheep hunt in accordance with the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C.
668dd-668ee), for which at least 16 access days
guaranteed by paragraph (4) shall be allotted.
(D) The conduct of annual biological surveys for
the Agassiz's desert tortoise and other federally
protected species, State-listed and at-risk species,
migratory birds, golden eagle nests and rare plants,
for which at least 30 access days guaranteed by
paragraph (4) shall be annually allotted during spring
or summer months.
(E) The conduct of annual invasive species surveys
and treatment, for which at least 15 access days
guaranteed by paragraph (4) shall be annually allotted
during spring or summer months.
(F) The conduct of annual contaminant surveys of
soil, springs, groundwater and vegetation, for which at
least 10 access days guaranteed by paragraph (4) shall
be annually allotted during spring or summer months.
(G) The regular installation and maintenance of
climate monitoring systems.
(H) Such additional access opportunities, as
needed, for wildlife research, including Global
Positioning System collaring of desert bighorn sheep,
bighorn sheep disease monitoring, investigation of
wildlife mortalities, and deploying, maintaining, and
retrieving output from wildlife camera traps.
(6) Hunting, fishing, and trapping.--The revised memorandum
of understanding shall continue to require that any hunting,
fishing, and trapping on the overlapping lands is conducted in
accordance with section 3020 of the Military Lands Withdrawal
Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 896).
(7) Other required matters.--The revised memorandum of
understanding also shall include provisions regarding the
following:
(A) The identification of current test and target
impact areas and related buffer or safety zones, to the
extent consistent with military purposes.
(B) The design and construction of all gates,
fences, and barriers in the overlapping lands, to be
constructed after the date of the enactment of this
Act, in a manner to allow wildlife access, to the
extent practicable and consistent with military
security, safety, and sound wildlife management use.
(C) The incorporation of any existing management
plans pertaining to the overlapping lands to the extent
that the Secretaries, upon review of such plans,
determine that incorporation into the revised
memorandum of understanding is appropriate.
(D) Procedures to ensure periodic reviews of the
revised memorandum of understanding are conducted by
the Secretaries, and that the State of Nevada, affected
Indian tribes, and the public are provided a meaningful
opportunity to comment upon any proposed substantial
revisions.
(e) Resource Consultative Committee.--
(1) Establishment required.--Pursuant to the revised
memorandum of understanding, the Secretaries shall establish a
resource consultative committee comprised of members,
designated at the discretion of the Secretaries, from the
following:
(A) Interested Federal agencies.
(B) At least one elected official (or other
authorized representative) from the State of Nevada
generally and at least one representative from the
Nevada Department of Wildlife.
(C) At least one elected official (or other
authorized representative) from each local and tribal
government impacted by the Nevada Test and Training
Range.
(D) At least one representative of an interested
conservation organization.
(E) At least one representative of a sportsmen's
organization.
(F) At least one member of the general public
familiar with the overlapping lands and resources
thereon.
(2) Purpose.--The resource consultative committee shall be
established solely for the purpose of exchanging views,
information, and advice relating to the management of the
natural and cultural resources of the Nevada Test and Training
Range.
(3) Operational basis.--The resource consultative committee
shall operate in accordance with the terms set forth in the
revised memorandum of understanding, which shall specify the
Federal agencies and elected officers or representatives of
State, local, and tribal governments to be invited to
participate. The memorandum of understanding shall establish
procedures for creating a forum for exchanging views,
information, and advice relating to the management of natural
and cultural resources on the lands concerned, procedures for
rotating the chair of the committee, and procedures for
scheduling regular meetings.
(4) Coordinator.--The Secretaries shall appoint an
individual to serve as coordinator of the resource consultative
committee. The duties of the coordinator shall be specified in
the revised memorandum of understanding. The coordinator shall
not be a member of the committee.
(f) Authorized and Prohibited Activities.--
(1) Additional authorized activities.--Additional military
activities on the overlapping lands are authorized to be
conducted, in a manner consistent with the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.), as follows:
(A) Emergency response.
(B) Establishment and use of existing or new
electronic tracking and communications sites.
(C) Continued use of roads in existence as of the
date of the enactment of this Act and maintenance of
such a road consistent with the types of purposes for
which the road has been used as of that date.
(D) Small force readiness training by Air Force,
Joint, or Coalition forces.
(2) Prohibited activities.--Military activities on the
overlapping lands are prohibited for the following purposes:
(A) Large force or heavy force activities.
(B) Designation of new weapon impact areas.
(C) Any ground disturbance activity not authorized
by paragraphs (1) and (2) of subsection (c).
(3) Rules of construction.--Nothing in this subsection
shall be construed to preclude the following regarding the
overlapping lands:
(A) Low-level overflights of military aircraft,
except that low-level flights of military aircraft over
the United States Fish and Wildlife Service Corn Creek
field station and visitor center are prohibited.
(B) The designation of new units of special use
airspace.
(C) The use or establishment of military flight
training routes.
(g) Tribal Liaison Positions.--
(1) Access coordinator.--The Secretary of the Air Force
shall create a tribal liaison position for the Nevada Test and
Training Range, to be held by a member of an affected Indian
tribe, who will help coordinate access to cultural and
archaeological sites throughout the Nevada Test and Training
Range and accompany members of Indian tribes accessing such
sites.
(2) Cultural resources liaison.--The Secretary of the Air
Force shall create a tribal liaison position for the Nevada
Test and Training Range, to be held by a member of an affected
Indian tribe, who will serve as a tribal cultural resources
liaison to ensure that--
(A) appropriate steps are being taken to protect
cultural and archaeological sites throughout the Nevada
Test and Training Range; and
(B) the management plan for the Nevada Test and
Training Range is being followed.
(h) Fish and Wildlife Liaison.--The Secretaries shall create a Fish
and Wildlife Service liaison position for the Nevada Test and Training
Range, to be held by a Fish and Wildlife Service official designated by
the Director of the United States Fish and Wildlife Service, who will
serve as a liaison to ensure that--
(1) appropriate steps are being taken to protect Fish and
Wildlife Service managed resources throughout the Nevada Test
and Training Range; and
(2) the management plan for the Nevada Test and Training
Range is being followed.
SEC. 2845. SPECIFIED DURATION OF WHITE SANDS MISSILE RANGE LAND
WITHDRAWAL AND RESERVATION AND ESTABLISHMENT OF SPECIAL
RESERVATION AREA FOR NORTHERN AND WESTERN EXTENSION
AREAS.
(a) Duration of Land Withdrawal and Reservation.--The withdrawal
and reservation of lands (known as the White Sands Missile Range) made
by section 2951 of the Military Land Withdrawals Act of 2013 (title
XXIX of Public Law 113-66; 127 Stat. 1039), and the special reservation
area established by this section, shall terminate on October 1, 2046.
(b) Special Reservation Area.--
(1) Establishment.--There is hereby established a special
reservation area consisting of the approximately 341,415 acres
of public land (including interests in land) in Socorro and
Torrance Counties, New Mexico, and the approximately 352,115
acres of public land (including interests in land) in Sierra,
Socorro, and Dona Ana Counties, New Mexico, depicted as
Northern Call-Up Area and Western Call-Up Area, respectively,
on the maps entitled ``WSMR Northern Call-Up Area'' and ``WSMR
Western Call-Up Area'', both dated August 16, 2016. These lands
include approximately 10,775 acres under the administrative
jurisdiction of the Secretary of the Army.
(2) Reservation generally.--The special reservation area,
excluding the portion of the special reservation area under the
administrative jurisdiction of the Secretary of the Army, is
reserved for use by the Secretary of the Army for military
purposes consisting of overflight research, development, test,
and evaluation and training.
(3) Army lands.--The portion of the special reservation
area under the administrative jurisdiction of the Secretary of
the Army is reserved for use by the Secretary of the Army for
military purposes as determined by the Secretary of the Army.
(c) Exception From Special Reservation.--The Secretary of the Army
may permit, on a case-by-case basis and consistent with section 44718
of title 49, United States Code, the erection in the special
reservation area established by subsection (b) of a structure that
extends higher than 50 feet in height above the surface estate.
(d) Maps and Legal Descriptions.--Section 3012 of the Military Land
Withdrawals Act of 2013 (title XXIX of Public Law 113-66; 127 Stat.
1026) shall apply with respect to the maps referred to in subsection
(a) and the preparation of legal descriptions of the special
reservation area established by subsection (b), except that the
reference to the date of the enactment of that Act shall be deemed to
refer to the date of the enactment of this Act.
(e) Rules of Construction.--The establishment of the special
reservation area by subsection (b) shall not be construed--
(1) to alter the terms, operation, or duration of any
agreement entered into by the Secretary of the Army or the
Secretary of the Interior involving any portion of the lands
included in the special reservation area, and the Secretaries
shall continue to comply with the terms of any such agreement;
or
(2) to vest in the Secretary of the Army or the Secretary
of the Interior any authority vested in the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration.
SEC. 2846. GRAND CANYON CENTENNIAL PROTECTION ACT.
(a) Short Title.--This section may be cited as the ``Grand Canyon
Centennial Protection Act''.
(b) Withdrawal of Certain Federal Land in the State of Arizona.--
(1) Definition of map.--In this section, the term ``Map''
means the map prepared by the Bureau of Land Management
entitled ``Grand Canyon Centennial Protection Act'' and dated
July 11, 2019.
(2) Withdrawal.--Subject to valid existing rights, the
approximately 1,006,545 acres of Federal land in the State of
Arizona, generally depicted on the Map as ``Federal Mineral
Estate to be Withdrawn'', including any land or interest in
land that is acquired by the United States after the date of
the enactment of this section, are hereby withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(3) Availability of map.--The Map shall be kept on file and
made available for public inspection in the appropriate offices
of the Forest Service and the Bureau of Land Management.
Subtitle F--Asia-Pacific and Indo-Pacific Issues
SEC. 2851. CHANGE TO BIENNIAL REPORTING REQUIREMENT FOR INTERAGENCY
COORDINATION GROUP OF INSPECTORS GENERAL FOR GUAM
REALIGNMENT.
Section 2835(e)(1) of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 10 U.S.C. 2687
note) is amended--
(1) in the paragraph heading, by striking ``Annual'' and
inserting ``Biennial''; and
(2) in the matter preceding subparagraph (A)--
(A) by striking ``February 1 of each year'' and
inserting ``February 1, 2022, and every second February
1 thereafter'';
(B) by striking ``fiscal year'' and inserting ``2
fiscal years'';
(C) by striking ``such year'' and inserting ``such
years''; and
(D) by striking ``the year'' and inserting ``the
years''.
SEC. 2852. ADDITIONAL EXCEPTION TO RESTRICTION ON DEVELOPMENT OF PUBLIC
INFRASTRUCTURE IN CONNECTION WITH REALIGNMENT OF MARINE
CORPS FORCES IN ASIA-PACIFIC REGION.
Notwithstanding section 2821(b) of the Military Construction
Authorization Act for Fiscal Year 2015 (division B of Public Law 113-
291; 10 U.S.C. 2687 note), the Secretary of Defense may proceed with
the public infrastructure project on Guam intended to provide a new
public health laboratory, as identified in the report prepared by the
Secretary of Defense under section 2822(d)(2) of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 1017) and entitled ``Economic Adjustment
Committee Implementation Plan Supporting the Preferred Alternative for
the Relocation of Marine Corps Forces to Guam'', subject to the
availability of funds for the project.
SEC. 2853. DEVELOPMENT OF MASTER PLAN FOR INFRASTRUCTURE TO SUPPORT
ROTATIONAL ARMED FORCES IN AUSTRALIA.
(a) Master Plan Required.--The Secretary of Defense shall develop a
master plan for the construction of infrastructure required to support
the rotational presence of units and members the United States Armed
Forces in the Northern Territory of the Commonwealth of Australia (in
this section referred to as the ``Northern Territory'').
(b) Master Plan Elements.--The master plan shall include the
following:
(1) A list and description of the scope, cost, and schedule
for each military construction, repair, or other infrastructure
project carried out at installations or training areas in the
Northern Territory since October 1, 2011.
(2) A list and description of the scope, cost, and schedule
for each military construction, repair, or other infrastructure
project anticipated to be necessary at installations or
training areas in the Northern Territory during the 10-year
period beginning on the date of the enactment of this Act.
(3) The site plans for each installation and training area
in the Northern Territory.
(4) For each project included in the master plan pursuant
to paragraph (1) or (2), an explanation of--
(A) whether the proponent of the project was the
Secretary of a military department, a combat support
agency, a combatant command, or the Commonwealth of
Australia; and
(B) the funding source, or anticipated resource
sponsor, for the project, including whether the project
is funded by the United States, by the Commonwealth of
Australia, or jointly by both countries.
(5) Such other issues as determined by the Secretary of
Defense to be appropriate.
(c) Coordination.--The Secretary of Defense shall coordinate with
the Commander of United States Indo-Pacific Command and the Secretaries
of the military departments to develop the master plan.
(d) Report Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing a copy of the
master plan. The report shall be submitted in unclassified form, but
may include a classified annex.
SEC. 2854. STUDY AND STRATEGY REGARDING BULK FUELS MANAGEMENT IN UNITED
STATES INDO-PACIFIC COMMAND AREA OF RESPONSIBILITY.
(a) Findings.--Congress makes the following findings:
(1) The ordering and delivery of bulk fuels is
organizationally bifurcated to the detriment of the Department
of Defense.
(2) Legacy bulk fuel management will not meet the
accelerated pace of operations required to support the National
Defense Strategy and the emphasis on disaggregated operations.
(3) The number of United States flagged tanking vessels
continues to decline, which has resulted in an excessive
reliance on foreign flagged tanking vessels to be available to
support the National Defense Strategy.
(4) A foreign flagged tanking vessel support strategy
induces excessive risk to support United States disaggregated
operations in a highly contested environment.
(5) The inadequacies of the legacy bulk fuel management
strategy is particularly acute in the United States Indo-
Pacific Command Area of Responsibility.
(b) Sense of Congress.--It is the sense of Congress that a single
organizational element should be responsible for the bulk fuel
management and delivery throughout the United States Indo-Pacific
Command Area of Responsibility.
(c) Study and Strategy Required.--The Secretary of the Navy shall--
(1) conduct a study of current and projected bulk fuel
management strategies in the United States Indo-Pacific Command
Area of Responsibility; and
(2) prepare a proposed bulk fuel management strategy that
optimally supports bulk fuel management in the United States
Indo-Pacific Command Area of Responsibility.
(d) Elements of Study.--The study required by subsection (c) shall
include the following elements:
(1) A description of current organizational responsibility
of bulk fuel management in the United States Indo-Pacific
Command Area of Responsibility from ordering, storage,
strategic transportation, and tactical transportation to the
last tactical mile.
(2) A description of legacy bulk fuel management assets
that can be used to support the United States Indo-Pacific
Command.
(3) Options for congressional consideration to better align
organizational responsibility through the entirety of the bulk
fuel management system in the United States Indo-Pacific
Command Area of Responsibility, as proposed in the bulk fuel
management strategy prepared pursuant to paragraph (2) of such
subsection.
(e) Coordination.--The Secretary of the Navy shall conduct the
study and prepare the bulk fuel management strategy required by
subsection (c) in coordination with subject-matter experts of the
United States Indo-Pacific Command, the United States Transportation
Command, and the Defense Logistics Agency.
(f) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report containing the results of the
study required by subsection (c) and the bulk fuel management strategy
required by such subsection.
(g) Prohibition on Certain Construction Pending Report.--None of
the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2021 for the Navy for construction related to
additional bulk fuel storage in the United States Indo-Pacific Command
Area of Responsibility may be obligated or expended until the report
required by subsection (f) is submitted to the congressional defense
committees.
SEC. 2855. DEPARTMENT OF DEFENSE REPORT ON EASEMENTS AND LEASED LANDS
IN HAWAI`I.
(a) Findings.--Congress finds the following:
(1) Lands throughout the State of Hawai`i currently owned
and leased by the Department of Defense or in which the
Department of Defense otherwise has a real property interest
are critical to maintaining the readiness of the Armed Forces
now stationed or to be stationed in Hawai`i and throughout the
Indo-Pacific region and elsewhere.
(2) Securing long-term continued utilization of those lands
by the Armed Forces is thus critical to the national defense.
(3) As a result of various factors, including complex land
ownership and utilization issues and competing actual and
potential uses, the interdependency of the various military
components, and the necessity of maintaining public support for
the presence and operations of the Armed Forces, the
realization of the congressional and Department of Defense
goals of ensuring the continuity of critical land and
facilities infrastructure requires a sustained, dedicated,
funded, top-level effort to coordinate realization of these
goals across the Armed Forces, between the Department of
Defense and other agencies of the Federal Government, and
between the Department of Defense and the State of Hawai`i and
its civilian sector.
(4) The end result of this effort must account for military
and civilian concerns and for the changing missions and needs
of all components of the Armed Forces stationed or otherwise
operating out of the State of Hawai`i as the Department of
Defense adjusts to meet the objectives outlined in the National
Defense Strategy.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall submit to the congressional defense committee a
report describing the progress being made by the Department of Defense
to renew Department of Defense land leases and easements in the State
of Hawai`i that encompass one acre or more and will expire before
January 1, 2030. The report shall include the following:
(1) The location, size, and expiration date of each lease
and easement.
(2) Major milestones and expected timelines for maintaining
access to the land covered by each lease and easement.
(3) Actions completed over the preceding 2 years for each
lease and easement.
(4) Department-wide and service-specific authorities
governing each lease and easement extension.
(5) A summary of coordination efforts between the Secretary
of Defense and the Secretaries of the military departments.
(6) The status of efforts to develop an inventory of
military land in Hawai`i, to include current possible future
uses, that would assist in land negotiations with the State of
Hawai`i.
(7) The risks and potential solutions to ensure the
renewability of required and critical leases and easements.
Subtitle G--Other Matters
SEC. 2861. DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM.
(a) Prioritization of Community Infrastructure Projects.--Section
2391(d)(1) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``, if the Secretary determines that such
assistance will enhance the military value, resilience, or
military family quality of life at such military
installation''; and
(3) by adding at the end the following new subparagraph:
``(B) The Secretary shall establish criteria for the selection of
community infrastructure projects to receive assistance under this
subsection, including selection of community infrastructure projects in
the following order of priority:
``(i) Projects that will enhance military installation
resilience.
``(ii) Projects that will enhance military value at a
military installation.
``(iii) Projects that will enhance military family quality
of life at a military installation.''.
(b) Cost-Sharing Requirements.--Paragraph (2) of section 2391(d) of
title 10, United States Code, is amended to read as follows:
``(2)(A) The criteria established for the selection of community
infrastructure projects to receive assistance under this subsection
shall include a requirement that, except as provided in subparagraph
(B), the State or local government agree to contribute not less than 30
percent of the funding for the community infrastructure project.
``(B) If a proposed community infrastructure project will be
carried out in a rural area or the Secretary of Defense determines that
a proposed community infrastructure project is advantageous for reasons
related to national security, the Secretary--
``(i) shall not penalize a State or local government for
offering to make a contribution of 30 percent or less of the
funding for the community infrastructure project; and
``(ii) may reduce the requirement for a State or local
government contribution to 30 percent or less or waive the
cost-sharing requirement entirely.''.
(c) Specified Duration of Program.--Section 2391(d)(4) of title 10,
United States Code, is amended by striking ``upon the expiration of the
10-year period which begins on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2019'' and inserting
``on September 30, 2028''.
(d) Clarification of Military Family Quality of Life Criteria.--
Section 2391(e)(4) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) For the purposes of determining whether proposed
community infrastructure will enhance quality of life, the
Secretary of Defense shall consider the impact of the community
infrastructure on alleviating installation commuter workforce
issues and the benefit of schools or other local infrastructure
located off of a military installation that will support
members of the armed forces and their dependents residing in
the community.''.
SEC. 2862. PILOT PROGRAM ON REDUCTION OF EFFECTS OF MILITARY AVIATION
NOISE ON CERTAIN COVERED PROPERTY.
(a) In General.--The Secretary of Defense shall carry out a 5-year
pilot program under which the commander of a military installation may
provide funds for the purpose of installing noise insulation on covered
property impacted by military aviation noise from aircraft utilizing
the installation.
(b) Cost Sharing Requirement.--To be eligible to receive funds
under the pilot program, a recipient shall enter into an agreement with
the commander to cover at least 50 percent of the cost to acquire and
install the noise insulation for the covered property.
(c) Noise Reduction Threshold.--To be eligible to receive funds
under the pilot program, the commander must determine that, if noise
insulation is installed as requested, noise at the covered property
would be reduced by at least five dB.
(d) Other Funding Limitations.--Funds provided under the pilot
program shall be used for the installation of noise insulation for
covered property--
(1) located within a Department of Defense noise contour
between 65 dB day-night average sound level and 75 dB day-night
average sound level as validated on a National Environmental
Policy Act-compliant assessment within the past three years;
and
(2) where interior noise has been measured at 45 dB day-
night average sound level by the installation.
(e) Goals and Best Practices.--In carrying out the pilot program, a
commander shall pursue the following goals and use the following best
practices:
(1) Minimize cost in order to maximize the quantity of
covered property served.
(2) Focus efforts on covered property newly impacted by
increased noise levels.
(f) Covered Property Defined.--For purposes of the pilot program,
the term ``covered property'' means the following:
(1) A private residence.
(2) A hospital.
(3) A daycare facility.
(4) A school.
(5) A facility whose primary purpose is serving senior
citizens.
(g) Condition on Commencement.--Commencement of the pilot program
shall be subject to the availability of appropriations for the program.
SEC. 2863. DEPARTMENT OF DEFENSE POLICY FOR REGULATION OF DANGEROUS
DOGS IN MILITARY COMMUNITIES.
(a) Policy Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, through the Veterinary
Service Activity of the Department of Defense, shall establish a
standardized policy applicable across all military communities for the
regulation of dangerous dogs that is--
(1) breed-neutral; and
(2) consistent with advice from professional veterinary and
animal behavior experts in regard to effective regulation of
dangerous dogs.
(b) Regulations.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall prescribe
regulations implementing the policy established under
subsection (a).
(2) Best practices.--The regulations prescribed under
paragraph (1) shall include strategies, for implementation
within all military communities, for the prevention of dog
bites that are consistent with the following best practices:
(A) Enforcement of comprehensive, nonbreed-specific
regulations relating to dangerous dogs, with emphasis
on identification of dangerous dog behavior and
chronically irresponsible owners.
(B) Enforcement of animal control regulations, such
as leash laws and stray animal control policies.
(C) Promotion and communication of resources for
pet spaying and neutering.
(D) Investment in community education initiatives,
such as teaching criteria for pet selection, pet care
best practices, owner responsibilities, and safe and
appropriate interaction with dogs.
(c) Definitions.--In this section:
(1) The term ``dangerous dog'' means a dog that--
(A) has attacked a person or another animal without
justification, causing injury or death to the person or
animal; or
(B) exhibits behavior that reasonably suggests the
likely risk of such an attack.
(2) The term ``military communities'' means--
(A) all installations of the Department; and
(B) all military housing, including privatized
military housing under subchapter IV of chapter 169 of
title 10, United States Code.
SEC. 2864. RESPONSIBILITY OF NAVY FOR MILITARY CONSTRUCTION
REQUIREMENTS FOR CERTAIN FLEET READINESS CENTERS.
The Navy shall be responsible for programming, requesting, and
executing any military construction requirements related to any Fleet
Readiness Center that is a tenant command at a Marine Corps
installation.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of the Navy may acquire real property and carry out
the military construction projects for the installation outside the
United States, and in the amount, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Spain........................................... Rota....................................... $59,230,000
----------------------------------------------------------------------------------------------------------------
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of the Air Force may acquire real property and carry
out the military construction projects for the installations outside
the United States, and in the amounts, set forth in the following
table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Ramstein................................... $36,345,000
Spangdahlem Air Base....................... $25,824,000
Romania......................................... Campia Turzii.............................. $130,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2903. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2020, for the military construction
projects outside the United States authorized by this title as
specified in the funding table in section 4602.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2021 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 21-D-510, High Explosive Synthesis, Formulation,
and Production facility, Pantex Plant, Amarillo, Texas,
$177,395,000.
Project 21-D-511, Savannah River Plutonium Processing
Facility, Savannah River Site, Aiken, South Carolina,
$241,896,000.
Project 21-D-512, Plutonium Pit Production Project, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$116,900,000 for planning and design and $79,100,000 for
construction.
Project 21-D-530, Steam and Condensate Upgrade, Knolls
Atomic Power Laboratory, Schenectady, New York, $50,200,000.
General Purpose Project, TA-15 Dual-Axis Radiographic
Hydrodynamic Test facility, Hydro Vessel Repair facility, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$16,491,000.
General Purpose Project, U1a.03 Test Bed Facility
Improvements, Nevada National Security Site, Mercury, Nevada,
$16,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2021 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant projects:
Project 21-D-401, Hoisting Capability Project, Waste
Isolation Pilot Plant, Carlsbad, New Mexico, $10,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2021 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2021 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, Limitations, and
Other Matters
SEC. 3111. NUCLEAR WARHEAD ACQUISITION PROCESSES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) in its 25th year, the science-based Stockpile
Stewardship Program established under section 4201 of the
Atomic Energy Defense Act (50 U.S.C. 2521) has succeeded in
providing the United States with a credible nuclear deterrent
in the absence of nuclear explosive testing;
(2) maintaining global moratoria on nuclear explosive
testing is in the national security interest of the United
States;
(3) a robust, second-to-none science and technology
enterprise is required to maintain and certify the nuclear
weapons stockpile of the United States; and
(4) the National Nuclear Security Administration must
continue to improve program management and execution of the
major acquisition programs of the Administration.
(b) Requirements.--
(1) Phases.--Subtitle A of title XLII of the Atomic Energy
Defense Act (50 U.S.C. 4201 et seq.) is amended by adding at
the end the following new section:
``SEC. 4223. REQUIREMENTS FOR CERTAIN JOINT NUCLEAR WEAPONS LIFE CYCLE
PHASES.
``(a) Design and Engineering Requirements.--The Administrator shall
ensure the following:
``(1) The national security laboratories engage in peer
review of proposed designs of nuclear weapons.
``(2) The nuclear weapons production facilities are
involved early and often during the design and engineering
process of nuclear weapons in order to take into account how
such design and engineering will affect the production of the
nuclear weapons.
``(b) Requirements After Phase 1.--After the Administrator
completes phase 1 of the joint nuclear weapons life cycle for a nuclear
weapon, the Nuclear Weapons Council shall submit to the congressional
defense committees a report containing the following:
``(1) A description of the potential military
characteristics of the nuclear weapon.
``(2) A description of the stockpile-to-target sequence
requirements of the nuclear weapon.
``(3) A description of any other requirements of the
Administration or the Department of Energy that will affect the
nuclear weapon, including the first product unit date, the
initial operational capability date, the final operational
capability date, or requirements relating to increased safety
and surety.
``(4) Initial assessments of the effect to the nuclear
security enterprise workforce and any required new or
recapitalized major facilities or capabilities relating to the
nuclear weapon.
``(c) Requirements Entering Into Phase 2.--Not later than 15 days
after the date on which the Nuclear Weapons Council approves a nuclear
weapon for phase 2 of the joint nuclear weapons life cycle, the
Administrator shall submit to the congressional defense committees a
plan to implement an independent peer-review process, a board of
experts, or both, with respect to the nonnuclear weapon component and
subsystem design and engineering aspects of such nuclear weapon. The
Administrator shall ensure that such process--
``(1) uses all relevant capabilities of the Federal
Government, the defense industrial base, and academia, and
other capabilities that the Administrator determines necessary;
and
``(2) informs the entire development life cycle of such
nuclear weapon.
``(d) Requirements Entering Into Phase 3.--
``(1) Independent cost assessment.--Before the Nuclear
Weapons Council approves a nuclear weapon for phase 3 of the
joint nuclear weapons life cycle, the Administrator shall
ensure that an independent cost assessment is conducted for
phase 3 that includes assigning a percentage of confidence
level with respect to the Administrator being able to carry out
phase 3 within the estimated schedule and cost objectives.
``(2) Certifications and reports.--Not later than 15 days
after the date on which the Nuclear Weapons Council approves a
nuclear weapon for phase 3 of the joint nuclear weapons life
cycle--
``(A) the Administrator shall certify to the
congressional defense committees that--
``(i) the joint nuclear weapons life cycle
process for phases 1 through 5 of the nuclear
weapon has equal or greater rigor as the life
extension process under each part of phase 6;
and
``(ii) the level of design and technology
maturity of the proposed design of the nuclear
weapon can be carried out within the estimated
schedule and cost objectives specified in the
cost assessment under paragraph (1); and
``(B) the Commander of the United States Strategic
Command shall submit to the congressional defense
committees a report containing--
``(i) the specific warhead requirements for
the delivery system of the nuclear weapon,
including such planned requirements during the
15-year period following the date of the
report; and
``(ii) an identification of the tail
numbers of the warheads for that delivery
system that may require life extensions, be
retired, or be altered during such period, and
a description of the considerations for
deciding on such actions.
``(e) Waivers.--Subsections (b) through (d) may be waived during a
period of war declared by Congress after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2021.
``(f) Joint Nuclear Weapons Life Cycle Defined.--In this section,
the term `joint nuclear weapons life cycle' has the meaning given that
term in section 4220.''.
(2) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4222 the following new item:
``Sec. 4223. Requirements for certain joint nuclear weapons life cycle
phases.''.
(c) Selected Acquisition Reports and Independent Cost Estimates.--
Section 4217(b)(1) of such Act (50 U.S.C. 2537(b)(1)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``phase 6.2A'' and
inserting ``phase 2A and phase 6.2A'';
(B) in clause (ii), by striking ``phase 6.3'' and
inserting ``phase 3 and phase 6.3'';
(C) in clause (iii)--
(i) by striking ``phase 6.4'' and inserting
``phase 4 and phase 6.4''; and
(ii) by striking ``phase 6.5'' and
inserting ``phase 5 and phase 6.5''; and
(2) in subparagraph (B), by striking ``phase 6.2'' and
inserting ``phase 2 and phase 6.2''.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director for Cost Estimating and Program
Evaluation of the National Nuclear Security Administration shall submit
to the congressional defense committees a report containing
recommendations to strengthen governance, program execution, and
program management controls with respect to the process of the joint
nuclear weapons life cycle (as defined in section 4220 of the Atomic
Energy Defense Act (50 U.S.C. 2538b).
SEC. 3112. UNCOSTED AND UNOBLIGATED AMOUNTS OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
Section 3251(b) of the National Nuclear Security Administration Act
(50 U.S.C. 2451(b)) is amended by adding at the end the following new
paragraph:
``(3) In the budget justification materials for each of fiscal
years 2022 through 2026 submitted to Congress in support of each such
budget, the Administrator shall include a detailed description of the
uncosted and unobligated amounts that the Administrator maintains,
listed by the year for which the amounts were appropriated, including--
``(A) the gross uncosted and unobligated amounts for each
individual program element (using thresholds specified in the
report submitted by the Secretary of Energy to Congress titled
`Report on Uncosted Balances for Fiscal Year Ended September
30, 2014'); and
``(B) an explanation for why the uncosted and unobligated
amounts have not been expended.''.
SEC. 3113. EXTENSION OF LIMITATION RELATING TO RECLASSIFICATION OF
HIGH-LEVEL WASTE.
Section 3121 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1953) is amended by striking
``fiscal year 2020'' and inserting ``fiscal year 2020 or fiscal year
2021''.
SEC. 3114. EXTENSION OF PILOT PROGRAM ON UNAVAILABILITY FOR OVERHEAD
COSTS OF AMOUNTS SPECIFIED FOR LABORATORY-DIRECTED
RESEARCH AND DEVELOPMENT.
Section 3119 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note) is amended--
(1) in subsection (c)(2), by striking ``four'' and
inserting ``five''; and
(2) in subsection (d), by striking ``February 15, 2020''
and inserting ``December 31, 2020''.
SEC. 3115. PLUTONIUM PIT PRODUCTION.
(a) Independent Cost Estimate.--
(1) Requirement.--The Secretary of Energy shall conduct an
independent cost estimate of the Savannah River Plutonium
Processing Facility project in accordance with Department of
Energy Directive 413.3b, as in effect on the date of the
enactment of this Act.
(2) Confidence level.--The assessment under paragraph (1)
shall assign a percentage of confidence level with respect to
the Secretary being able to carry out the Facility project
within the estimated schedule and cost objectives.
(3) Submission.--The Secretary shall submit to the
congressional defense committees the independent cost estimate
under paragraph (1).
(b) Conditional Reports and Certifications.--
(1) Low confidence.--If the assessment under subsection (a)
assigns a confidence level below 90 percent pursuant to
paragraph (2) of such subsection--
(A) the Secretary shall submit to the congressional
defense committees the report described in paragraph
(2); and
(B) the Commander of the United States Strategic
Command shall certify to such committees that either--
(i) the requirement to produce not less
than 80 war reserve plutonium pits during 2030
pursuant to section 4219 of the Atomic Energy
Defense Act (50 U.S.C. 2538a) cannot be
extended by up to five years without causing a
grave threat to the national security of the
United States, taking into account options for
temporarily surging the production of such pits
at Los Alamos National Laboratory and other
mitigation strategies available to the
Commander; or
(ii) such requirement can be so extended
without causing a grave threat to the national
security of the United States.
(2) Report.--The report described in this paragraph is a
report by the Secretary that contains either of the following:
(A) A certification by the Secretary, without
delegation, that, notwithstanding the confidence level
contained in the assessment under subsection (a), the
Secretary has a confidence level of 90 percent or
greater with respect to being able to carry out the
Facility project within the estimated schedule and cost
objectives.
(B) If the Secretary cannot make the certification
under subparagraph (A), a plan by the Secretary to
achieve such a confidence level of 90 percent or
greater, including with respect to changing the costs,
schedule, and scope of the Facility project.
SEC. 3116. PROGRAM FOR RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL
NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED URANIUM.
(a) Establishment.--Not later than 60 days after the date of the
enactment of this Act, the Administrator for Nuclear Security shall
establish a program to assess the viability of using low-enriched
uranium in naval nuclear propulsion reactors, including such reactors
located on aircraft carriers and submarines, that meet the requirements
of the Navy.
(b) Activities.--In carrying out the program under subsection (a),
the Administrator shall carry out activities to develop an advanced
naval nuclear fuel system based on low-enriched uranium, including
activities relating to--
(1) down-blending of high-enriched uranium into low-
enriched uranium;
(2) manufacturing of candidate advanced low-enriched
uranium fuels;
(3) irradiation tests and post-irradiation examination of
these fuels; and
(4) modification or procurement of equipment and
infrastructure relating to such activities.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall submit to the
congressional defense committees a plan outlining the activities the
Administrator will carry out under the program established under
subsection (a), including the funding requirements associated with
developing a low-enriched uranium fuel.
SEC. 3117. INDEPENDENT STUDY ON EFFECTS OF USE OF NUCLEAR WEAPONS.
(a) Study.--The Administrator for Nuclear Security shall seek to
enter into an agreement with the National Academies of Sciences,
Engineering, and Medicine under which the National Academies conduct a
study on the atmospheric effects of nuclear explosions.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) An evaluation of the non-fallout atmospheric effects of
likely and plausible scenarios for nuclear war, ranging from
relatively small, regional exchanges to large exchanges
associated with nuclear war between major powers.
(2) An examination of the effects evaluated under paragraph
(1) by--
(A) the yield, type, and number of nuclear weapons;
(B) the types and locations of targets;
(C) the time distribution of the explosions;
(D) the atmospheric conditions; and
(E) other factors that may have a significant
impact on the effects.
(3) An assessment of current models of nuclear explosions,
including with respect to--
(A) the fires such explosions may cause;
(B) the atmospheric transport of the gases from
such explosions;
(C) the radioactive material from such explosions;
and
(D) the soot and other debris from such explosions
and fires, the atmospheric effects of such soot and
debris, and the consequences of such effects, including
the consequences relating to extreme weather, air
pollution, stratospheric ozone, agriculture, and marine
and terrestrial ecosystems.
(4) Identification of the capabilities and limitations of
the models described in paragraph (3) for assessing the impacts
of nuclear war, including--
(A) an evaluation of the relevant uncertainties;
(B) a highlight of the key data gaps; and
(C) recommendations for how such models can be
improved to inform decision making.
(c) Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the National Academies shall submit
to the Administrator for National Security and the
congressional defense committees a report on the study under
subsection (a).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Information.--The Secretary of Defense shall provide to the
National Academies the information of the Department of Defense
necessary for the National Academies to conduct the study under
subsection (a), including information relating to relevant scenarios
described in subsection (b).
SEC. 3118. REPORTS ON DIVERSITY OF CERTAIN CONTRACTOR EMPLOYEES OF
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Annual Reports.--Not later than December 31, 2020, and each
year thereafter through 2022, the Administrator for Nuclear Security
shall submit to the congressional defense committees a report on the
diversity of contractor employees of the National Nuclear Security
Administration.
(b) Matters Included.--Subject to subsection (c), each report under
subsection (a) shall include, for each covered element of the
Administration, the following:
(1) With respect to the fiscal year covered by the report
and the previous fiscal year, demographic data of--
(A) the contractor employees of the covered
element;
(B) the contractor employees hired at the covered
element during each such year; and
(C) the contractor employees of the covered element
who voluntarily separated during each such year.
(2) To the extent practical, a breakdown of the data under
subparagraph (A) by each position in the Standard Occupational
Classification System by the Bureau of Labor Statistics.
(3) A description of the plan to increase diversity at the
covered element, and how such plan responds to any trends
identified with respect to the data under paragraph (1).
(4) An identification of the official of the covered
element responsible for implementing such plan and a
description of how the person determines whether the covered
element is meeting the goals of the plan.
(5) A description of the training resources relating to
diversity, equality, and inclusion are available to contractor
employees of the covered element with hiring authority, and an
identification of how many such contractor employees have been
trained.
(c) Data.--The Administrator shall carry out this section using
data that is--
(1) otherwise available to the Administrator and to the
management and operating contractors of the nuclear security
enterprise;
(2) collected in accordance with applicable laws and
regulations of the Equal Employment Opportunity Commission,
regulations of the Office of Federal Contract Compliance
Programs of the Department of Labor, and applicable provisions
of Federal law on privacy; and
(3) obtained from relevant elements of the Federal
Government pursuant to a memorandum of understanding specifying
the terms and conditions for the sharing of such data,
including by identifying--
(A) the statutory authority governing such sharing;
(B) the minimum amount of data needed to be shared;
(C) the exact data to be shared;
(D) the method of securely sharing such data; and
(E) the limitations on the use and disclosure of
such data.
(d) Publication.--The Administrator shall make publicly available
on the internet website of the Department of Energy each report under
subsection (a), subject to the regulations and Federal law specified in
subsection (c)(2).
(e) GAO Review.--Not later than 1 year after the date on which the
Administrator submits the first report under subsection (a), the
Comptroller General of the United States shall submit to the
congressional defense committees a review of--
(1) the diversity of contractor employees with respect to
both the hiring and retention of such employees;
(2) the demographic composition of such employees; and
(3) the issues relating to diversity that such report
identifies and the steps taken by the Administrator to address
such issues.
(f) Sense of Congress.--It is the sense of Congress that--
(1) National Nuclear Security Administration is undertaking
the largest and most complex workload since the end of the Cold
War;
(2) ensuring that the nuclear security enterprise hires,
trains, and retains a diverse and highly educated workforce is
a national security priority of the United States;
(3) more than 5,000 employees were hired at the
laboratories, plants, and sites of the National Nuclear
Security Administration during fiscal year 2019; and
(4) the National Nuclear Security Administration has taken
important actions to hire and retain the best and brightest
workforce and is encouraged to continue to build upon these
efforts, particularly as its aging workforce continues to
retire.
(g) Definitions.--In this section:
(1) The term ``contractor employee'' means an employee of a
management and operating contractor of the nuclear security
enterprise.
(2) The term ``covered element'' means each national
security laboratory and nuclear weapons production facility (as
such terms are defined in section 3281 of the National Nuclear
Security Administration Act (50 U.S.C. 2471)).
(3) The term ``nuclear security enterprise'' has the
meaning that term in section 3281 of the National Nuclear
Security Administration Act (50 U.S.C. 2471)).
SEC. 3119. FINDINGS, PURPOSE, AND APOLOGY RELATING TO FALLOUT EMITTED
DURING THE GOVERNMENT'S ATMOSPHERIC NUCLEAR TESTS.
Section 2(a)(1) of the Radiation Exposure Compensation Act (Public
Law 101-426; 42 U.S.C. 2210 note) is amended by inserting ``, including
individuals in New Mexico, Idaho, Colorado, Arizona, Utah, Texas,
Wyoming, Oregon, Washington, South Dakota, North Dakota, Nevada, Guam,
and the Northern Mariana Islands,'' after ``tests exposed
individuals''.
SEC. 3120. SENSE OF CONGRESS REGARDING URANIUM MINING AND NUCLEAR
TESTING.
It is the sense of Congress that the United States should
compensate and recognize all of the miners, workers, downwinders, and
others suffering from the effects of uranium mining and nuclear testing
carried out during the Cold War.
SEC. 3121. PROHIBITION ON USE OF FUNDS FOR NUCLEAR WEAPONS TEST
EXPLOSIONS.
(a) In General.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2021, or
authorized to be appropriated or otherwise made available for any
fiscal year before fiscal year 2021 and available for obligation as of
the date of the enactment of this Act, may be obligated or expended to
conduct or make preparations for any explosive nuclear weapons test
that produces any yield.
(b) Rule of Construction.--Nothing in subsection (a) shall be
construed to apply to nuclear stockpile stewardship activities that are
consistent with the zero-yield standard and other requirements under
law.
SEC. 3122. SENSE OF CONGRESS ON THE ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.
It is the sense of Congress that--
(1) the Energy Employees Occupational Illness Compensation
Program Act (EEOICPA) was enacted as part of the Fiscal Year
2001 Defense Authorization Act (Public Law 106-398) to ensure
fairness and equity to the civilian men and women who, since
the commencement of the Manhattan Project, have performed
duties uniquely related to the nuclear weapons production and
testing programs of the Department of Energy (DOE) and its
predecessor agencies and were made ill from exposure to toxic
substances related to such work;
(2) as part of EEOICPA, Congress provided for a system of
efficient, uniform, and adequate compensation and health care
to assist the defense nuclear workers who were employed by the
DOE, its contractors, and certain private vendors;
(3) as part of reforms to this program enacted as part of
the Fiscal Year 2005 Defense Authorization Act (Public Law 108-
375), Congress created the Office of the Ombudsman for the
Energy Employees Occupational Illness Compensation Program
(although such Office is within the Department of Labor, the
Office of the Ombudsman is independent of the other officers
and employees of the Department of Labor engaged in activities
related to the administration of the provisions of EEOICPA);
(4) the Office of the Ombudsman provides guidance and
assistance to claimants navigating the claims application
process and prepares an annual report to Congress with--
(A) the number and types of complaints, grievances,
and requests for assistance received by the Ombudsman
during the preceding year; and
(B) an assessment of the most common difficulties
encountered by claimants and potential claimants during
the preceding year;
(5) claimants rely on the Office of the Ombudsman in the
Department of Labor to provide impartial advice and guidance in
navigating what can be a challenging claims process, and its
operations should be continued;
(6) Congress has reauthorized the Office of the Ombudsman
on a bipartisan basis as part of the National Defense
Authorization Act on multiple occasions, including most
recently in the Fiscal Year 2020 Defense Authorization Act
(Public Law 116-48); and
(7) the Office of the Ombudsman is critical to the
successful implementation of EEOICPA.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2021,
$28,836,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $13,006,000 for fiscal year 2021 for the purpose of
carrying out activities under chapter 869 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) Fiscal Year 2021 Authorization.--There are authorized to be
appropriated to the Department of Transportation for fiscal year 2021,
to be available without fiscal year limitation if so provided in
appropriations Acts, for programs associated with maintaining the
United States merchant marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $81,944,000, of which--
(A) $76,444,000 shall be for Academy operations;
and
(B) $5,500,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $37,700,000, of which--
(A) $2,400,000 shall remain available until
September 30, 2021, for the Student Incentive Program;
and
(B) $30,500,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $388,815,000, which shall remain
available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $55,853,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $4,200,000, which shall remain
available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag merchant marine to serve the national
security needs of the United States under chapter 531 of title
46, United States Code, $494,008,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as
defined in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees
under the program; and
(B) $3,000,000 may be used for administrative
expenses relating to loan guarantee commitments under
the program.
(8) For expenses necessary to provide small shipyards and
maritime communities grants under section 54101 of title 46,
United States Code, $20,000,000.
(b) Amount of Fiscal Year 2021 Contractor Payments Under Operating
Agreements.--Section 53106(a)(1)(B) of title 46, United States Code, is
amended by striking ``$5,233,463'' and inserting ``$8,233,463''.
(c) Conforming Amendment.--Section 53111(2) of title 46, United
States Code, is amended by striking ``$314,007,780'' and inserting
``$494,008,000''.
SEC. 3502. SENSE OF CONGRESS REGARDING ROLE OF DOMESTIC MARITIME
INDUSTRY IN NATIONAL SECURITY.
(a) Findings.--Congress makes the following findings:
(1) The United States domestic maritime industry, with a
fleet of nearly 40,000 vessels, supports nearly 650,000
American jobs and provides more than $150,000,000 in annual
economic output.
(2) The vessel innovations of the domestic trades that
transformed worldwide maritime commerce include the development
of container ships, self-unloading vessels, articulated tug-
barges, trailer barges, chemical parcel tankers, railroad-on-
barge carfloats, and river flotilla towing systems.
(3) The domestic fleet is essential to national security is
needed to crew United States Government-owned and other sealift
vessels to protect the Nation.
(4) The Department of Defense and the entire national
security infrastructure of the United States benefits from a
robust commercial shipyard and ship repair industry, which
helps provide both economic and military sealift support.
(5) The Department of Defense depends on the United States
domestic trades' fleet of container ships, roll-on/roll-off
ships, product tankers, and other vessels to assist with the
flow of military cargoes during both peace time and war time.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States coastwise trade laws promote a strong
domestic trade maritime industry, which supports the national
security and economic vitality of the United States and the
efficient operation of the United States transportation system;
and
(2) a strong commercial maritime industry makes the United
States more secure.
SEC. 3503. NONAPPLICABILITY OF REQUIREMENT RELATING TO MINIMUM NUMBER
OF OPERATING DAYS FOR VESSELS OPERATING UNDER MSP
OPERATING AGREEMENTS.
Notwithstanding part 296 of title 46, Code of Federal Regulations,
until December 31, 2020, or upon the written determination of the
Secretary of Transportation until June 31, 2021, the operator of a
vessel operating such vessel under an MSP Operating Agreement (as such
term is defined in section 296.2 of title 46, Code of Federal
Regulations)--
(1) shall not be required to comply with any requirement
with respect to operating days (as such term is defined in such
section) contained in such agreement; and
(2) shall maintain such vessel in a state of operational
readiness, including through the employment of the vessel's
crew complement, until the applicable date.
SEC. 3504. IMPROVEMENTS TO PROCESS FOR WAIVING NAVIGATION AND VESSEL-
INSPECTION LAWS.
(a) Improvements to Waiver Process.--Section 501 of title 46,
United States Code, is amended--
(1) in subsection (a), by adding ``to address an immediate
adverse effect on military operations'' after ``national
defense'';
(2) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Duration of waiver.--
``(A) In general.--Subject to subparagraphs (B) and
(C), a waiver issued under this subsection shall be for
a period of not more than 10 days.
``(B) Waiver extension.--Upon the termination of
the period of a waiver issued under this subsection,
the head of an agency may extend the waiver for an
additional period of not more than 10 days, if the
Maritime Administrator makes the determinations
referred to in paragraph (1).
``(C) Aggregate duration.--The aggregate duration
of the period of all waivers and extensions of waivers
under this subsection with respect to any one set of
events shall not exceed 45 days.''; and
(C) in paragraph (4), as so redesignated--
(i) in subparagraph (B)(ii), by striking
``paragraph (2)(A)'' and inserting ``paragraph
(3)(A)''; and
(ii) by adding at the end the following new
subparagraph:
``(C) Notification required for extensions.--For
purposes of this paragraph, an extension requested or
issued under paragraph (2)(B) shall be treated in the
same manner as a waiver requested or issued under this
section.'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new
subsection:
``(c) Report.--
``(1) In general.--Not later than 10 days after the date of
the conclusion of the voyage of a vessel that, during such
voyage, operated under a waiver issued under this section, the
owner or operator of the vessel shall submit to the Maritime
Administrator a report that includes--
``(A) the name and flag of the vessel;
``(B) the dates of the voyage;
``(C) any relevant ports of call; and
``(D) any other information the Maritime
Administrator determines necessary.
``(2) Publication.--Not later than 48 hours after receiving
a report under paragraph (1), the Maritime Administrator shall
publish such report on an appropriate website of the Department
of Transportation.''.
(b) Applicability.--The amendments made by this section shall apply
with respect to waivers issued after the date of the enactment of this
Act.
SEC. 3505. MARITIME TRANSPORTATION SYSTEM EMERGENCY RELIEF PROGRAM.
(a) In General.--Chapter 503 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 50308. Maritime transportation system emergency relief program
``(a) Definitions.--In this section the following definitions shall
apply:
``(1) Eligible state entity.--The term `eligible State
entity' means a port authority, or a State-owned or -operated
vessel and facilities associated with the operation of such
vessel, in any State.
``(2) Eligible entity.--The term `eligible entity' means a
public or private entity that is created or organized in the
United States or under the laws of the United States, with
significant operations in and a majority of its employees based
in the United States, that is engaged in--
``(A) vessel construction, transportation by water,
or support activities for transportation by water with
an assigned North American Industry Classification
System code beginning with 3366, 483, or 4883; or
``(B) as determined by the Secretary of
Transportation--
``(i) construction related to activities
described in subparagraph (A); or
``(ii) maritime education and training.
``(3) Eligible operating costs.--The term `eligible
operating costs' means costs relating to--
``(A) emergency response;
``(B) cleaning;
``(C) sanitization;
``(D) janitorial services;
``(E) staffing;
``(F) workforce retention;
``(G) paid leave;
``(H) procurement and use of protective health
equipment, testing, and training for employees and
contractors;
``(I) debt service payments;
``(J) infrastructure repair projects; and
``(K) other maritime transportation system
operations;
``(4) Emergency.--The term `emergency' means a natural
disaster affecting a wide area (such as a flood, hurricane,
tidal wave, earthquake, severe storm, or landslide) or a
catastrophic failure from any external cause, that impacts the
United States maritime transportation system and as a result of
which--
``(A) the Governor of a State has declared an
emergency and the Maritime Administrator, in
consultation with the Administrator of the Federal
Emergency Management Administration, has concurred in
the declaration;
``(B) the President has declared a major disaster
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170);
``(C) national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et
seq.) is in effect; or
``(D) a public health emergency declared pursuant
to section 319 of the Public Health Service Act (42
U.S.C. 247d) is in effect.
``(b) General Authority.--The Maritime Administrator may--
``(1) make grants to eligible State entities for eligible
operating costs; and
``(2) make grants and enter into contracts and other
agreements with eligible entities for--
``(A) the costs of capital projects to protect,
repair, reconstruct, or replace equipment and
facilities of the United States maritime transportation
system that the Maritime Administrator determines is in
danger of suffering serious physical damage, or has
suffered serious physical damage, as a result of an
emergency; and
``(B) eligible operating costs of United States
maritime transportation equipment and facilities in an
area directly affected by an emergency during--
``(i) the 1-year period beginning on the
date of a declaration described in subsections
(a)(4)(A) and (a)(4)(B); and
``(ii) an additional 1-year period
beginning 1 year after the date of a
declaration described in subsections (a)(4)(A)
and (a)(4)(B), if the Maritime Administrator,
in consultation with the Administrator of the
Federal Emergency Management Administration,
determines there is a compelling need arising
out of the emergency for which the declaration
is made.
``(c) Allocation.--The Maritime Administrator shall determine an
appropriate method for the equitable allocation and distribution of
funds under this section to eligible State entities and eligible
entities.
``(d) Applications.--An applicant for assistance under this section
shall submit an application for such assistance to the Maritime
Administrator at such time, in such manner, and containing such
information and assurances as the Maritime Administrator may require.
``(e) Coordination of Emergency Funds.--
``(1) Use of funds.--Funds appropriated to carry out this
section shall be in addition to any other funds available under
this chapter.
``(2) No effect on other government activity.--The
provision of funds under this section shall not affect the
ability of any other agency of the Government, including the
Federal Emergency Management Agency, or a State agency, a local
governmental entity, organization, or person, to provide any
other funds otherwise authorized by law.
``(f) Grant Requirements.--A grant awarded under this section that
is made to address an emergency defined under subsection (a)(4)(B)
shall be--
``(1) subject to the terms and conditions the Maritime
Administrator determines are necessary; and
``(2) made only for expenses that are not reimbursed under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) or any Federal, State, or local
assistance program.
``(g) Federal Share of Costs.--The Federal share payable of the
costs for which a grant is made under this section shall be 100
percent.
``(h) Administrative Costs.--Of the amounts available to carry out
this section, not more than one-half of one percent may be used for
administration of this section.
``(i) Quality Assurance.--The Maritime Administrator shall
institute adequate policies, procedures, and internal controls to
prevent waste, fraud, abuse, and program mismanagement for the
distribution of funds under this section.
``(j) Reports.--The Maritime Administrator shall annually report to
the Congress regarding financial assistance provided under this
section, including a description of such assistance.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``50308. Port development; maritime transportation system emergency
relief program.''.
(c) Inclusion of COVID-19 Pandemic Public Health Emergency.--For
purposes of section 50308 of title 46, United States Code, as amended
by subsection (a), the public health emergency declared pursuant to
section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting
from the COVID-19 pandemic shall be treated as an emergency.
SEC. 3506. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE
TRAINING AND EDUCATION: TECHNICAL AMENDMENTS.
(a) Redesignation and Transfer of Section.--Section 54102 of title
46, United States Code, is redesignated as section 51706 of such title
and transferred to appear after section 51705 of such title.
(b) Clerical Amendments.--Title 46, United States Code, is
amended--
(1) in the analysis for chapter 541, by striking the item
relating to section 54102; and
(2) in the analysis for chapter 517, by striking the item
relating to section 51705 and inserting the following:
``51705. Training for use of force against piracy.
``51706. Center of excellence for domestic maritime workforce training
and education.''.
SEC. 3507. MERCHANT MARINER EDUCATION LOAN PROGRAM.
(a) In General.--Chapter 517 of title 46, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 51707. Merchant mariner career training loan program
``(a) Establishment.--The Secretary of Transportation shall
establish the Elijah E. Cummings Merchant Mariner Career Training Loan
Program (in this section referred to as the `program') in accordance
with the requirements of this section.
``(b) Purpose.--The purpose of the program shall be to make
merchant mariner career training loans available to eligible students
to provide for the training of United States merchant mariners,
including those working to receive a Standards of Training,
Certification and Watchkeeping endorsement under subchapter B of
chapter I of title 46, Code of Federal Regulations.
``(c) Administration.--The program shall be carried out by the
Secretary, acting through the Administrator of the Maritime
Administration.
``(d) Duties.--The Secretary shall--
``(1) allocate, on an annual basis, the award of loans
under the program based on the needs of students;
``(2) develop an application process and eligibility
criteria for the award of loans under the program;
``(3) approve applications for loans under the program
based on the eligibility criteria and allocations made under
paragraph (1); and
``(4) designate maritime training institutions at which
loans made under the program may be used.
``(e) Designation of Maritime Training Institutions.--
``(1) In general.--In designating maritime training
institutions under subsection (d)(4), the Secretary--
``(A) may include Federal, State, and commercial
training institutions and nonprofit training
organizations, including centers of excellence
designated under section 51706;
``(B) shall designate institutions based on
geographic diversity and scope of classes offered;
``(C) shall ensure that designated institutions
have the ability to administer the program; and
``(D) shall ensure that designated institutions
meet requirements to provide training instruction for
appropriate Coast Guard-approved training instruction.
``(2) Exclusions.--The Secretary--
``(A) may exclude from participation in the program
a maritime training institution that has had severe
performance deficiencies, including deficiencies
demonstrated by audits or program reviews conducted
during the 5 calendar years immediately preceding the
present year;
``(B) shall exclude from participation in the
program a maritime training institution that has
delinquent or outstanding debts to the United States,
unless such debts are being repaid under or in
accordance with a repayment arrangement satisfactory to
the United States, or the Secretary in the Secretary's
discretion determines that the existence or amount of
any such debts has not been finally determined by the
appropriate Federal agency;
``(C) may exclude from participation in the program
a maritime training institution that has failed to
comply with quality standards established by the
Department of Labor, the Coast Guard, or a State; and
``(D) may establish such other criteria as the
Secretary determines will protect the financial
interest of the United States and promote the purposes
of this section.
``(f) State Maritime Academies.--
``(1) Use of funds for loans to students attending state
maritime academies.--The Secretary may obligate not more than
50 percent of the amounts appropriated to carry out this
section for a fiscal year for loans to undergraduate students
attending State maritime academies receiving assistance under
chapter 515 of this title.
``(2) Academic standards for students.--Students at State
maritime academies receiving loans under the program shall
maintain satisfactory progress toward the completion of their
course of study as evidenced by the maintenance of a cumulative
C average, or its equivalent, or academic standing consistent
with the requirements for graduation, as determined by the
institution.
``(g) Loan Amounts and Use.--
``(1) Maximum amounts.--
``(A) In general.--The Secretary may not make loans
to a student under the program in an amount that
exceeds $30,000 in a calendar year or $120,000 in the
aggregate.
``(B) Adjustment for inflation.--The Secretary
shall, every 5 years for the life of a loan under the
program, adjust the maximum amounts described in
subparagraph (A) in accordance with any change in the
Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics of the Department of
Labor that occurs since the previous adjustment.
``(2) Use of loan proceeds.--A student who receives a loan
under the program may use the proceeds of the loan only for
postsecondary expenses incurred at an institution designated by
the Secretary under subsection (d)(4) for books, tuition,
required fees, travel to and from training facilities, and room
and board.
``(h) Student Eligibility.--
``(1) In general.--Subject to paragraph (2), to be eligible
to receive a loan under the program, a student shall--
``(A) be eligible to hold a license or merchant
mariner document issued by the Coast Guard;
``(B) provide to the Secretary such information as
the Secretary may require, including all current Coast
Guard documents, certifications, proof of United States
citizenship or permanent legal status, and a statement
of intent to enter a maritime career;
``(C) meet the enrollment requirements of a
maritime training institution designated by the
Secretary under subsection (d)(4); and
``(D) sign an agreement to--
``(i) complete a course of instruction at
such a maritime training institution; and
``(ii) maintain a license or document and
work under the authority of the license or
document and any associated endorsements for at
least 18 months following the date of
graduation from the maritime program for which
the loan proceeds will be used.
``(2) Limitation.--An undergraduate student at the United
States Merchant Marine Academy shall not be eligible for a loan
under the program.
``(i) Administration of Loans.--
``(1) Contents of loan agreements.--Any agreement between
the Secretary and a student borrower for a loan under the
program shall--
``(A) be evidenced by a note or other written
instrument that provides for the repayment of the
principal amount of the loan and any origination fee,
together with interest thereon, in equal installments
(or, if the student borrower so requests, in graduated
periodic installments determined in accordance with
such schedules as may be approved by the Secretary)
payable quarterly, bimonthly, or monthly, at the option
of the student borrower, over a period beginning 9
months from the date on which the student borrower
completes study or discontinues attendance at the
maritime program for which the loans are used at the
institution approved by the Secretary and not exceeding
10 years;
``(B) include provision for acceleration of
repayment of the whole, or any part, of such loan, at
the option of the student borrower;
``(C) provide the loan without security and without
endorsement;
``(D) provide that the liability to repay the loan
shall be canceled upon the death of the student
borrower, or if the student borrower becomes
permanently and totally disabled, as determined in
accordance with regulations to be issued by the
Secretary;
``(E) contain a notice of the system of disclosure
of information concerning default on such loan to
credit bureau organizations; and
``(F) include provisions for deferral of repayment,
as determined by the Secretary.
``(2) Rate of interest.--A student borrower who receives a
loan under the program shall be obligated to repay the loan
amount to the Secretary, together with interest beginning in
the period referred to in paragraph (1)(A), at a rate of
interest determined by the Secretary, in consultation with the
Secretary of Education, in accordance with section 455 of the
Higher Education Act of 1965 (20 U.S.C. 1087e).
``(3) Disclosure required prior to disbursement.--
``(A) In general.--The Secretary shall at or prior
to the time the Secretary makes a loan to a student
borrower under the program, provide thorough and
adequate loan information on such loan to the student
borrower. The disclosures required by this paragraph
may be made as part of the written application material
provided to the student borrower, as part of the
promissory note evidencing the loan, or on a separate
written form provided to the student borrower.
``(B) Contents.--The disclosures shall include--
``(i) the address to which communications
and payments should be sent;
``(ii) the principal amount of the loan;
``(iii) the amount of any charges collected
at or prior to the disbursal of the loan and
whether such charges are to be deducted from
the proceeds of the loan or paid separately by
the student borrower;
``(iv) the stated interest rate on the
loan;
``(v) the yearly and cumulative maximum
amounts that may be borrowed;
``(vi) an explanation of when repayment of
the loan will be required and when the student
borrower will be obligated to pay interest that
accrues on the loan;
``(vii) a statement as to the minimum and
maximum repayment term that the Secretary may
impose, and the minimum monthly payment
required by law and a description of any
penalty imposed as a consequence of default,
such as liability for expenses reasonably
incurred in attempts by the Secretary to
collect on a loan;
``(viii) a statement of the total
cumulative balance, including the loan applied
for, owed by the student borrower to the
Secretary, and an estimate of the projected
monthly payment, given such cumulative balance;
``(ix) an explanation of any special
options the student borrower may have for loan
consolidation or other refinancing of the loan;
``(x) a statement that the student borrower
has the right to prepay all or part of the
loan, at any time, without penalty;
``(xi) a statement summarizing
circumstances in which repayment of the loan or
interest that accrues on the loan may be
deferred, and a brief notice of the program for
repayment of loans, on the basis of military
service, pursuant to the Department of Defense
educational loan repayment program (10 U.S.C.
16302);
``(xii) a definition of default and the
consequences to the student borrower if the
student borrower defaults, together with a
statement that the disbursement of, and the
default on, a loan under this part shall be
reported to a credit bureau or credit reporting
agency;
``(xiii) to the extent practicable, the
effect of accepting the loan on the eligibility
of the student borrower for other forms of
student assistance; and
``(xiv) an explanation of any cost the
student borrower may incur in the making or
collection of the loan.
``(C) Information to be provided without cost.--The
information provided under this paragraph shall be
available to the Secretary without cost to the student
borrower.
``(4) Repayment after default.--The Secretary may require
any student borrower who has defaulted on a loan made under the
program to--
``(A) pay all reasonable collection costs
associated with such loan; and
``(B) repay the loan pursuant to an income
contingent repayment plan.
``(5) Authorization to reduce rates and fees.--
Notwithstanding any other provision of this section, the
Secretary may prescribe by regulation any reductions in the
interest rate or origination fee paid by a student borrower of
a loan made under the program as the Secretary determines
appropriate to encourage ontime repayment of the loan. Such
reductions may be offered only if the Secretary determines the
reductions are cost neutral and in the best financial interest
of the United States.
``(6) Collection of repayments.--The Secretary shall
collect repayments made under the program and exercise due
diligence in such collection, including maintenance of all
necessary records to ensure that maximum repayments are made.
Collection and servicing of repayments under the program shall
be pursued to the full extent of the law, including wage
garnishment if necessary. The Secretary of the Department in
which the Coast Guard is operating shall provide the Secretary
of Transportation with any information regarding a merchant
mariner that may aid in the collection of repayments under this
section.
``(7) Repayment schedule.--A student borrower who receives
a loan under the program shall repay the loan quarterly,
bimonthly, or monthly, at the option of the student borrower,
over a period beginning 9 months from the date the student
borrower completes study or discontinues attendance at the
maritime program for which the loan proceeds are used and
ending not more than 10 years after the date repayment begins.
Provisions for deferral of repayment shall be determined by the
Secretary.
``(8) Contracts for servicing and collection of loans.--The
Secretary may--
``(A) enter into a contract or other arrangement
with State or nonprofit agencies and, on a competitive
basis, with collection agencies for servicing and
collection of loans under this section; and
``(B) conduct litigation necessary to carry out
this section.
``(j) Revolving Loan Fund.--
``(1) Establishment.--The Secretary shall establish a
revolving loan fund consisting of amounts deposited in the fund
under paragraph (2).
``(2) Deposits.--The Secretary shall deposit in the fund--
``(A) receipts from the payment of principal and
interest on loans made under the program; and
``(B) any other monies paid to the Secretary by or
on behalf of individuals under the program.
``(3) Availability of amounts.--Subject to the availability
of appropriations, amounts in the fund shall be available to
the Secretary--
``(A) to cover the administrative costs of the
program, including the maintenance of records and
making collections under this section; and
``(B) to the extent that amounts remain available
after paying such administrative costs, to make loans
under the program.
``(4) Maintenance of records.--The Secretary shall maintain
accurate records of the administrative costs referred to in
paragraph (3)(A).
``(k) Annual Report.--The Secretary, on an annual basis, shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the program, including--
``(1) the total amount of loans made under the program in
the preceding year;
``(2) the number of students receiving loans under the
program in the preceding year; and
``(3) the total amount of loans made under program that are
in default as of the date of the report.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2021 through 2026--
``(1) $10,000,000 for making loans under the program; and
``(2) $1,000,000 for administrative expenses of the
Secretary in carrying out the program.
``Sec. 51708. Merchant mariner recruitment, training, and retention
grant program
``(a) Strategic Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, and at least once every 3 years
thereafter, the Secretary of Transportation, acting through the
Administrator of the Maritime Administration, shall publish in
the Federal Register a plan to recruit, train, and retain
merchant mariners for the 5-year period following the date of
publication of the most recently published plan under this
paragraph.
``(2) Contents.--A plan published under paragraph (1) shall
contain--
``(A) a strategy to address merchant mariner
recruitment, training, and retention issues in the
United States; and
``(B) demonstration and research priorities
concerning merchant mariner recruitment, training, and
retention.
``(3) Factors.--In developing a plan under paragraph (1),
the Secretary shall take into account, at a minimum--
``(A) the availability of existing research (as of
the date of publication of the plan); and
``(B) the need to ensure results that have broad
applicability.
``(4) Consultation.--In developing a plan under paragraph
(1), the Secretary shall consult with representatives of the
maritime industry, labor organizations, including the Commander
of the Transportation Command and the Commander of the Military
Sealift Command, and other governmental entities and persons
with an interest in the maritime industry.
``(5) Transmittal to congress.--The Secretary shall
transmit copies of a plan published under paragraph (1) to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(b) Demonstration and Research Projects.--
``(1) In general.--The Secretary may award grants to, or
enter into contracts or cooperative agreements with, a maritime
training institutions designated under section 51607(e) or a
consortium such institutions, to carry out demonstration and
research projects that implement the priorities identified in
the plan prepared under subsection (a)(1), for the purpose of
recruiting, training, or retaining United States merchant
mariners.
``(2) Competitive awards.--Grants shall be awarded. and
contracts and cooperative agreements shall be entered into,
under this subsection on a competitive basis under guidelines
and requirements to be established by the Secretary.
``(3) Applications.--To be eligible to receive a grant or
enter into a contract or cooperative agreement under this
section for a project under this subsection, a maritime
training institution shall submit to the Secretary a proposal
that includes, at a minimum--
``(A) a description of the project; and
``(B) a method for evaluating the effectiveness of
the project.
``(4) Eligible projects.--Projects eligible for grants,
contracts, and cooperative agreements under this subsection--
``(A) shall carry out the demonstration and
research priorities included in the plan published
under subsection (a)(1); and
``(B) may--
``(i) provide training to upgrade the
skills of United States merchant mariners,
including training to acquire a Standards of
Training, Certification and Watchkeeping
endorsement under subchapter B of chapter I of
title 46, Code of Federal Regulations;
``(ii) promote the use of distance learning
that enables students to take courses through
the use of teleconferencing, the Internet, and
other media technology;
``(iii) assist in providing services to
address merchant mariner recruitment and
training of youth residing in targeted high
poverty areas within empowerment zones and
enterprise communities;
``(iv) implement partnerships with national
and regional organizations with special
expertise in developing, organizing, and
administering merchant mariner recruitment and
training services;
``(v) design, develop, and test an array of
approaches to providing recruitment, training,
or retention services, including to one or more
targeted populations;
``(vi) in conjunction with employers,
organized labor, other groups (such as
community coalitions), and Federal, State, or
local agencies, design, develop, and test
various training approaches in order to
determine effective practices; or
``(vii) assist in the development and
replication of effective service delivery
strategies for the national maritime industry
as a whole.
``Sec. 51709. Authorization of appropriations
``There are authorized to be appropriated for each of fiscal years
2021 through 2026--
``(1) $10,000,000 for making grants and entering into
cooperative agreements under sections 51707 and 51708; and
``(2) $1,000,000 for administrative expenses of the
Secretary in carrying out such sections.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``51707. Merchant mariner career training loan program.
``51708. Merchant mariner recruitment, training, and retention program.
``51709. Authorization of appropriations.''.
SEC. 3508. ASSISTANCE FOR INLAND AND SMALL COASTAL PORTS AND TERMINALS.
Section 50302 of title 46, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (2)--
(i) by inserting ``and subsection (d)''
after ``this subsection''; and
(ii) by adding at the end the following:
``(H) In the case of a small project funded under
subsection (d), a private entity or group of
entities.'';
(B) in paragraph (6) by striking subparagraph (C);
(C) in paragraph (7)(B) by striking ``paragraph
(3)(A)'' and inserting ``subsection (d)'';
(D) in paragraph (8)(B)--
(i) in clause (i) by striking ``under this
subsection'' and inserting ``under this
subsection and subsection (d)''; and
(ii) in clause (ii) by inserting ``under
subsection (d) or'' after ``project''; and
(E) in paragraph (11) by--
(i) striking ``under this subsection'' and
inserting ``under this subsection and
subsection (d)'' each place such phrase
appears; and
(ii) striking ``fiscal year.'' and
inserting ``fiscal year, and shall be awarded
as grants under the subsection for which the
original grant was made.'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Assistance for Inland and Small Coastal Ports and
Terminals.--
``(1) In general.--Of amounts reserved under subsection
(c)(7)(B), the Secretary, acting through the Administrator of
the Maritime Administration, shall make grants under this
subsection--
``(A) to the owners or operators of a facility at a
port, as such term is defined in subsection (c), to and
from which the average annual tonnage of cargo for the
immediately preceding 3 calendar years from the time an
application is submitted is less than 8,000,000 short
tons as determined using Corps of Engineers data; and
``(B) for infrastructure improvements, equipment
purchases, and capital investments at such a facility,
including piers, wharves, docks, terminals, and similar
structures used principally for the movement of goods,
including areas of land, water, or areas in proximity
to such structure that are necessary for the movement
of goods.
``(2) Awards.--In providing assistance under this
subsection, the Secretary shall--
``(A) take into account--
``(i) the economic advantage and the
contribution to freight transportation at an
eligible facility; and
``(ii) the competitive disadvantage of an
eligible facility;
``(B) not make more than 1 award per applicant for
each fiscal year appropriation; and
``(C) promote the enhancement and efficiencies of
an eligible facility.
``(3) Use of funds.--
``(A) In general.--Assistance provided under this
subsection may be used to--
``(i) make capital improvements;
``(ii) construct, improve, repair, or
maintain transportation or physical
infrastructure, buildings, equipment, or
facility security;
``(iii) perform planning activities related
to carrying out an activity described in clause
(i); and
``(iv) otherwise fulfill the purposes for
which such assistance is provided.
``(B) Acquisition methods.--The Secretary may not
require as a condition of issuing a grant under this
subsection--
``(i) direct ownership of either a facility
or equipment to be procured using funds awarded
under this subsection; or
``(ii) that equipment procured using such
funds be new.
``(4) Prohibited uses.--Funds provided under this
subsection may not be used for--
``(A) projects conducted on property lying outside
port or terminal boundaries and not owned or leased by
the applicant;
``(B) any single grant award more than 10 percent
of total allocation of funds to carry out this
subsection per fiscal year appropriation; or
``(C) activities, including channel improvements or
harbor deepening, authorized, as of the date of the
application for assistance under this subsection, to be
carried out by of the Corps of Engineers.
``(5) Matching requirements.--
``(A) In general.--The Secretary may not provide
assistance under this subsection unless the Secretary
determines that sufficient funding is available to meet
the matching requirements of subsection (c)(8). Any
costs of the project to be paid by the recipient's
matching share may be incurred prior to the date on
which assistance is provided.
``(B) Inclusions.--For the purpose of making the
determination under subparagraph (A), funding may
include a loan agreement, a commitment from investors,
cash on balance sheet, or other contributions
determined acceptable by the Secretary.
``(6) Application and award.--
``(A) Minimum standards for payment or
reimbursement.--Each application submitted shall
include a comprehensive description of--
``(i) the project;
``(ii) the need for the project;
``(iii) the methodology for implementing
the project; and
``(iv) documentation of matching funds as
described in paragraph (5).
``(B) Demonstration of effectiveness.--In
determining whether a project will achieve the purposes
for which such assistance is requested under this
subsection, the Secretary shall accept documentation
used to obtain a commitment of the matching funds
described in paragraph (5), including feasibility
studies, business plans, investor prospectuses, loan
applications, or similar documentation.
``(C) Project approval required.--The Secretary may
not award a grant under this subsection unless the
Secretary determines that the--
``(i) project will be completed without
unreasonable delay; and
``(ii) recipient has authority to carry out
the proposed project.
``(7) Procedural safeguards, audits, and examinations.--
``(A) Procedural safeguards.--The Administrator
shall issue guidelines to establish appropriate
accounting, reporting, and review procedures to ensure
that--
``(i) assistance provided under this
subsection is used for the purposes for which
such assistance made available; and
``(ii) grantees have properly accounted for
all expenditures of grant funds.
``(B) Audits and examinations.--All grantees under
this subsection shall maintain such records as the
Administrator may require and make such records
available for review and audit by the Administrator.
``(8) Limitation.--Not more than 10 percent of the funds
made available under subsection (c)(7)(B) may be used to the
planning and design of eligible projects described in paragraph
(3)(A)(iii).
``(9) Definition of project.--In this subsection, the term
`project' has the meaning given such term in subsection (c).''.
SEC. 3509. NATIONAL SHIPPER ADVISORY COMMITTEE.
(a) In General.--Part B of subtitle IV of title 46, United States
Code, is amended by adding at the end the following:
``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE
``Sec.
``42501. Definitions.
``42502. National Shipper Advisory Committee.
``42503. Administration.
``Sec. 42501. Definitions
``In this chapter:
``(1) Commission.--The term `Commission' means the Federal
Maritime Commission.
``(2) Committee.--The term `Committee' means the National
Shipper Advisory Committee established by section 42502.
``Sec. 42502. National Shipper Advisory Committee
``(a) Establishment.--There is established a National Shipper
Advisory Committee.
``(b) Function.--The Committee shall advise the Federal Maritime
Commission on policies relating to the competitiveness, reliability,
integrity, and fairness of the international ocean freight delivery
system.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 24
members appointed by the Commission in accordance with this
section.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) Twelve members shall represent entities who
import cargo to the United States using ocean common
carriers.
``(B) Twelve members shall represent entities who
export cargo from the United States using ocean common
carriers.
``Sec. 42503. Administration
``(a) Meetings.--The Committee shall, not less than once each year,
meet at the call of the Commission or a majority of the members of the
Committee.
``(b) Employee Status.--A member of the Committee shall not be
considered an employee of the Federal Government by reason of service
on such Committee, except for the purposes of the following:
``(1) Chapter 81 of title 5.
``(2) Chapter 171 of title 28 and any other Federal law
relating to tort liability.
``(c) Acceptance of Volunteer Services.--Notwithstanding any other
provision of law, a member of the Committee may serve on such committee
on a voluntary basis without pay.
``(d) Status of Members.--
``(1) In general.--Except as provided in paragraph (2),
with respect to a member of the Committee whom the Commission
appoints to represent an entity or group--
``(A) the member is authorized to represent the
interests of the applicable entity or group; and
``(B) requirements under Federal law that would
interfere with such representation and that apply to a
special Government employee (as defined in section
202(a) of title 18), including requirements relating to
employee conduct, political activities, ethics,
conflicts of interest, and corruption, do not apply to
the member.
``(2) Exception.--Notwithstanding subsection (b), a member
of the Committee shall be treated as a special Government
employee for purposes of the committee service of the member if
the member, without regard to service on the Committee, is a
special Government employee.
``(e) Service on Committee.--
``(1) Solicitation of nominations.--Before appointing an
individual as a member of the Committee, the Commission shall
publish a timely notice in the Federal Register soliciting
nominations for membership on such Committee.
``(2) Appointments.--
``(A) In general.--After considering nominations
received pursuant to a notice published under paragraph
(1), the Commission may appoint a member to the
Committee.
``(B) Prohibition.--The Commission shall not seek,
consider, or otherwise use information concerning the
political affiliation of a nominee in making an
appointment to the Committee.
``(3) Service at pleasure of the commission.--Each member
of the Committee shall serve at the pleasure of the Commission.
``(4) Security background examinations.--The Commission may
require an individual to have passed an appropriate security
background examination before appointment to the Committee.
``(5) Prohibition.--A Federal employee may not be appointed
as a member of the Committee.
``(6) Terms.--
``(A) In general.--The term of each member of the
Committee shall expire on December 31 of the third full
year after the effective date of the appointment.
``(B) Continued service after term.--When the term
of a member of the Committee ends, the member, for a
period not to exceed 1 year, may continue to serve as a
member until a successor is appointed.
``(7) Vacancies.--A vacancy on the Committee shall be
filled in the same manner as the original appointment.
``(8) Special rule for reappointments.--Notwithstanding
paragraphs (1) and (2), the Commission may reappoint a member
of a committee for any term, other than the first term of the
member, without soliciting, receiving, or considering
nominations for such appointment.
``(f) Staff Services.--The Commission shall furnish to the
Committee any staff and services considered by the Commission to be
necessary for the conduct of the Committee's functions.
``(g) Chair; Vice Chair.--
``(1) In general.--The Committee shall elect a Chair and
Vice Chair from among the committee's members.
``(2) Vice chairman acting as chairman.--The Vice Chair
shall act as Chair in the absence or incapacity of, or in the
event of a vacancy in the office of, the Chair.
``(h) Subcommittees and Working Groups.--
``(1) In general.--The Chair of the Committee may establish
and disestablish subcommittees and working groups for any
purpose consistent with the function of the Committee.
``(2) Participants.--Subject to conditions imposed by the
Chair, members of the Committee may be assigned to
subcommittees and working groups established under paragraph
(1).
``(i) Consultation, Advice, Reports, and Recommendations.--
``(1) Consultation.--Before taking any significant action,
the Commission shall consult with, and consider the
information, advice, and recommendations of, the Committee if
the function of the Committee is to advise the Commission on
matters related to the significant action.
``(2) Advice, reports, and recommendations.--The Committee
shall submit, in writing, to the Commission its advice,
reports, and recommendations, in a form and at a frequency
determined appropriate by the Committee.
``(3) Explanation of actions taken.--Not later than 60 days
after the date on which the Commission receives recommendations
from the Committee under paragraph (2), the Commission shall--
``(A) publish the recommendations on a public
website; and
``(B) respond, in writing, to the Committee
regarding the recommendations, including by providing
an explanation of actions taken regarding the
recommendations.
``(4) Submission to congress.--The Commission shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate the advice, reports,
and recommendations received from the Committee under paragraph
(2).
``(j) Observers.--The Commission may designate a representative
to--
``(1) attend any meeting of the Committee; and
``(2) participate as an observer at such meeting.
``(k) Termination.--The Committee shall terminate on September 30,
2029.''.
(b) Clerical Amendment.--The analysis for subtitle IV of title 46,
United States Code, is amended by inserting after the item related to
chapter 423 the following:
``425. National Shipper Advisory Committee.................. 42501''.
SEC. 3510. SEA YEAR CADETS ON CABLE SECURITY FLEET AND TANKER SECURITY
FLEET VESSELS.
Section 51307 of title 46, United States Code, is amended by
striking subsection (b) and inserting the following:
``(b) Sea Year Cadets on Cable Security Fleet and Tanker Security
Fleet Vessels.--The Secretary shall require an operator of a vessel
participating in the Maritime Security Program under chapter 531 of
this title, the Cable Security Fleet under chapter 532 of this title,
or the Tanker Security Fleet under chapter 534 of this title to carry
on each Maritime Security Program vessel, Cable Security Fleet vessel,
or Tanker Security Fleet vessel 2 United States Merchant Marine Academy
cadets, if available, on each voyage.''.
SEC. 3510A. SUPERINTENDENT OF THE UNITED STATES MERCHANT MARINE
ACADEMY.
Section 51301(c) of title 46, United States Code, is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Sense of congress.--It is the sense of Congress that,
due to the unique mission of the United States Merchant Marine
Academy, it is highly desirable that the Superintendent of the
Academy be a graduate of the Academy in good standing and have
attained an unlimited merchant marine officer's license.''; and
(3) in paragraph (3), as so redesignated--
(A) in subparagraph (A)(i), by inserting after
``attained'' the following ``the rank of Captain, Chief
Mate, or Chief Engineer in the merchant marine of the
United States, or''; and
(B) in subparagraphs (B)(i)(I) and (C)(i), by
inserting ``merchant marine,'' before ``Navy,''.
SEC. 3510B. MARITIME ACADEMY INFORMATION.
Not later than 1 year after the date of enactment of this title,
the Maritime Administrator shall make available on a public website
data, as available, on the following:
(1) The number of graduates from the United States Merchant
Marine Academy and each State Maritime Academy for the previous
5 years.
(2) The number of graduates from the United States Merchant
Marine Academy and each State Maritime Academy for the previous
5 years who have become employed in, or whose status qualifies
under, each of the following categories:
(A) Maritime Afloat.
(B) Maritime Ashore.
(C) Armed Forces of the United States.
(D) Non-maritime.
(E) Graduate studies.
(F) Unknown.
(3) The number of students at each State Maritime Academy
class receiving or who have received for the previous 5 years
funds under the student incentive payment program under section
51509 of title 46, United States Code.
(4) The number of students described under paragraph (3)
who used partial student incentive payments who graduated
without an obligation under the program.
(5) The number of students described under paragraph (3)
who graduated with an obligation under the program.
SEC. 3510C. MARINER LICENSING AND CREDENTIALING.
(a) In General.--Except as provided in subsection (b) and subject
to subsection (c), for purposes of licensing and credentialing of
mariners, the Secretary of Homeland Security shall prescribe a tonnage
measurement as a small passenger vessel, as defined in section 2101 of
title 46, United States Code, for the M/V LISERON (United States
official number 971339) for purposes of applying the optional
regulatory measurement under section 14305 and under chapter 145 of
that title.
(b) Exception.--Subsection (a) shall not apply with respect to the
vessel referred to in such subsection if the length of the vessel
exceeds its length on the date of enactment of this Act.
(c) Restrictions.--The vessel referred to in subsection (a) is
subject to the following restrictions:
(1) The vessel may not operate outside the inland waters of
the United States, as established under section 151 of title
33, United States Code, when carrying passengers for hire and
operating under subsection (a).
(2) The Secretary may issue a restricted credential as
appropriate for a licensed individual employed to serve on such
vessel under prescribed regulations.
SEC. 3510D. NATIONAL SHIPPER ADVISORY COMMITTEE.
(a) In General.--Part B of subtitle IV of title 46, United States
Code, is amended by adding at the end the following:
``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE
``Sec.
``42501. Definitions.
``42502. National Shipper Advisory Committee.
``42503. Administration.
``Sec. 42501. Definitions
``In this chapter:
``(1) Commission.--The term `Commission' means the Federal
Maritime Commission.
``(2) Committee.--The term `Committee' means the National
Shipper Advisory Committee established by section 42502.
``Sec. 42502. National Shipper Advisory Committee
``(a) Establishment.--There is established a National Shipper
Advisory Committee.
``(b) Function.--The Committee shall advise the Federal Maritime
Commission on policies relating to the competitiveness, reliability,
integrity, and fairness of the international ocean freight delivery
system.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 24
members appointed by the Commission in accordance with this
section.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) Twelve members shall represent entities who
import cargo to the United States using ocean common
carriers.
``(B) Twelve members shall represent entities who
export cargo from the United States using ocean common
carriers.
``Sec. 42503. Administration
``(a) Meetings.--The Committee shall, not less than once each year,
meet at the call of the Commission or a majority of the members of the
Committee.
``(b) Employee Status.--A member of the Committee shall not be
considered an employee of the Federal Government by reason of service
on such Committee, except for the purposes of the following:
``(1) Chapter 81 of title 5.
``(2) Chapter 171 of title 28 and any other Federal law
relating to tort liability.
``(c) Acceptance of Volunteer Services.--Notwithstanding any other
provision of law, a member of the Committee may serve on such committee
on a voluntary basis without pay.
``(d) Status of Members.--
``(1) In general.--Except as provided in paragraph (2),
with respect to a member of the Committee whom the Commission
appoints to represent an entity or group--
``(A) the member is authorized to represent the
interests of the applicable entity or group; and
``(B) requirements under Federal law that would
interfere with such representation and that apply to a
special Government employee (as defined in section
202(a) of title 18), including requirements relating to
employee conduct, political activities, ethics,
conflicts of interest, and corruption, do not apply to
the member.
``(2) Exception.--Notwithstanding subsection (b), a member
of the Committee shall be treated as a special Government
employee for purposes of the committee service of the member if
the member, without regard to service on the Committee, is a
special Government employee.
``(e) Service on Committee.--
``(1) Solicitation of nominations.--Before appointing an
individual as a member of the Committee, the Commission shall
publish a timely notice in the Federal Register soliciting
nominations for membership on such Committee.
``(2) Appointments.--
``(A) In general.--After considering nominations
received pursuant to a notice published under paragraph
(1), the Commission may appoint a member to the
Committee.
``(B) Prohibition.--The Commission shall not seek,
consider, or otherwise use information concerning the
political affiliation of a nominee in making an
appointment to the Committee.
``(3) Service at pleasure of the commission.--Each member
of the Committee shall serve at the pleasure of the Commission.
``(4) Security background examinations.--The Commission may
require an individual to have passed an appropriate security
background examination before appointment to the Committee.
``(5) Prohibition.--A Federal employee may not be appointed
as a member of the Committee.
``(6) Terms.--
``(A) In general.--The term of each member of the
Committee shall expire on December 31 of the third full
year after the effective date of the appointment.
``(B) Continued service after term.--When the term
of a member of the Committee ends, the member, for a
period not to exceed 1 year, may continue to serve as a
member until a successor is appointed.
``(7) Vacancies.--A vacancy on the Committee shall be
filled in the same manner as the original appointment.
``(8) Special rule for reappointments.--Notwithstanding
paragraphs (1) and (2), the Commission may reappoint a member
of a committee for any term, other than the first term of the
member, without soliciting, receiving, or considering
nominations for such appointment.
``(f) Staff Services.--The Commission shall furnish to the
Committee any staff and services considered by the Commission to be
necessary for the conduct of the Committee's functions.
``(g) Chair; Vice Chair.--
``(1) In general.--The Committee shall elect a Chair and
Vice Chair from among the committee's members.
``(2) Vice chairman acting as chairman.--The Vice Chair
shall act as Chair in the absence or incapacity of, or in the
event of a vacancy in the office of, the Chair.
``(h) Subcommittees and Working Groups.--
``(1) In general.--The Chair of the Committee may establish
and disestablish subcommittees and working groups for any
purpose consistent with the function of the Committee.
``(2) Participants.--Subject to conditions imposed by the
Chair, members of the Committee may be assigned to
subcommittees and working groups established under paragraph
(1).
``(i) Consultation, Advice, Reports, and Recommendations.--
``(1) Consultation.--Before taking any significant action,
the Commission shall consult with, and consider the
information, advice, and recommendations of, the Committee if
the function of the Committee is to advise the Commission on
matters related to the significant action.
``(2) Advice, reports, and recommendations.--The Committee
shall submit, in writing, to the Commission its advice,
reports, and recommendations, in a form and at a frequency
determined appropriate by the Committee.
``(3) Explanation of actions taken.--Not later than 60 days
after the date on which the Commission receives recommendations
from the Committee under paragraph (2), the Commission shall--
``(A) publish the recommendations on a public
website; and
``(B) respond, in writing, to the Committee
regarding the recommendations, including by providing
an explanation of actions taken regarding the
recommendations.
``(4) Submission to congress.--The Commission shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate the advice, reports,
and recommendations received from the Committee under paragraph
(2).
``(j) Observers.--The Commission may designate a representative
to--
``(1) attend any meeting of the Committee; and
``(2) participate as an observer at such meeting.
``(k) Termination.--The Committee shall terminate on September 30,
2029.''.
(b) Clerical Amendment.--The analysis for subtitle IV of title 46,
United States Code, is amended by inserting after the item related to
chapter 423 the following:
``425. National Shipper Advisory Committee.................. 42501''.
Subtitle B--Tanker Security Fleet
SEC. 3511. TANKER SECURITY FLEET.
(a) In General.--Part C of subtitle V of title 46, United States
Code, is amended by inserting after chapter 531 the following new
chapter:
``CHAPTER 532--TANKER SECURITY FLEET
``53201. Definitions.
``53202. Establishment of the Tanker Security Fleet.
``53203. Vessel standards.
``53204. Award of operating agreements.
``53205. Effectiveness of operating agreements.
``53206. Obligations and rights under operating agreements.
``53207. Payments.
``53208. National security requirements.
``53209. Regulatory relief.
``53210. Special rule regarding age of participating Fleet vessels.
``53211. Regulations.
``53212. Authorization of appropriations.
``53213. Acquisition of Fleet vessels.
``Sec. 53201. Definitions
``In this chapter:
``(1) Foreign commerce.--The term `foreign commerce'
means--
``(A) commerce or trade between the United States,
its territories or possessions, or the District of
Columbia, and a foreign country; and
``(B) commerce or trade between foreign countries
including trade between foreign ports in accordance
with normal commercial bulk shipping practices in such
a manner as will permit vessels of the United States
freely to compete with foreign-flag liquid bulk
carrying vessels in their operation or in competing
charters, subject to rules and regulations promulgated
by the Secretary of Transportation pursuant to this
chapter or subtitle.
``(2) Participating fleet vessel.--The term `participating
Fleet vessel' means any tank vessel covered by an operating
agreement under this chapter on or after January 1, 2021.
``(3) Person.--The term `person' includes corporations,
partnerships, and associations existing under, or authorized
by, laws of the United States, or any State, territory,
district, or possession thereof, or any foreign country.
``(4) Tank vessel.--The term `tank vessel' has the meaning
that term has under section 2101.
``(5) United states citizen trust.--The term `United States
citizen trust'--
``(A) means a trust for which--
``(i) each of the trustees is a citizen of
the United States; and
``(ii) the application for documentation of
the vessel under chapter 121 includes an
affidavit of each trustee stating that the
trustee is not aware of any reason involving a
beneficiary of the trust that is not a citizen
of the United States, or involving any other
person who is not a citizen of the United
States, as a result of which the beneficiary or
other person would hold more than 25 percent of
the aggregate power to influence or limit the
exercise of the authority of the trustee with
respect to matters involving any ownership or
operation of the vessel that may adversely
affect the interests of the United States;
``(B) does not include a trust for which any person
that is not a citizen of the United States has
authority to direct, or participate in directing, a
trustee for a trust in matters involving any ownership
or operation of the vessel that may adversely affect
the interests of the United States or in removing a
trustee without cause, either directly or indirectly
through the control of another person, unless the trust
instrument provides that persons who are not citizens
of the United States may not hold more than 25 percent
of the aggregate authority to so direct or remove a
trustee; and
``(C) may include a trust for which a person who is
not a citizen of the United States holds more than 25
percent of the beneficial interest in the trust.
``Sec. 53202. Establishment of the Tanker Security Fleet
``(a) In General.--The Secretary of Transportation, in consultation
with the Secretary of Defense, shall establish a fleet of active,
commercially viable, militarily useful, privately owned product tankers
to meet national defense and other security requirements and maintain a
United States presence in international commercial shipping. The fleet
shall consist of privately owned vessels of the United States for which
there are in effect operating agreements under this chapter, and shall
be known as the `Tanker Security Fleet' (hereinafter in this chapter
referred to as the `Fleet').
``(b) Vessel Eligibility.--A vessel is eligible to be included in
the Fleet if the vessel--
``(1) meets the requirements under paragraph (1), (2), (3),
or (4) of subsection (c);
``(2) is operated (or in the case of a vessel to be
constructed, will be operated) in providing transportation in
United States foreign commerce;
``(3) is self-propelled;
``(4) is not more than 10 years of age on the date the
vessel is first included in the Fleet and not more than 25
years of age at any time during which the vessel is included in
the Fleet;
``(5) is determined by the Secretary of Defense to be
suitable for use by the United States for national defense or
military purposes in time of war or national emergency;
``(6) is commercially viable, as determined by the
Secretary of Transportation; and
``(7) is--
``(A) a vessel of the United States; or
``(B) not a vessel of the United States, but--
``(i) the owner of the vessel has
demonstrated an intent to have the vessel
documented under chapter 121 if it is included
in the Fleet; and
``(ii) at the time an operating agreement
is entered into under this chapter, the vessel
is eligible for documentation under chapter
121.
``(c) Requirements Regarding Citizenship of Owners, Charterers, and
Operators.--
``(1) Vessels owned and operated by section 50501
citizens.--A vessel meets the requirements of this paragraph
if, during the period of an operating agreement under this
chapter that applies to the vessel, the vessel will be owned
and operated by one or more persons that are citizens of the
United States under section 50501.
``(2) Vessels owned by a section 50501 citizen, or united
states citizen trust, and chartered to a documentation
citizen.--A vessel meets the requirements of this paragraph
if--
``(A) during the period of an operating agreement
under this chapter that applies to the vessel, the
vessel will be--
``(i) owned by a person that is a citizen
of the United States under section 50501 or
that is a United States citizen trust; and
``(ii) demise chartered to a person--
``(I) that is eligible to document
the vessel under chapter 121;
``(II) the chairman of the board of
directors, chief executive officer, and
a majority of the members of the board
of directors of which are citizens of
the United States under section 50501,
and are appointed and subjected to
removal only upon approval by the
Secretary; and
``(III) that certifies to the
Secretary that there are no treaties,
statutes, regulations, or other laws
that would prohibit the owner or
operator for the vessel from performing
its obligations under an operating
agreement under this chapter;
``(B) in the case of a vessel that will be demise
chartered to a person that is owned or controlled by
another person that is not a citizen of the United
States under section 50501, the other person enters
into an agreement with the Secretary not to influence
the operation of the vessel in a manner that will
adversely affect the interests of the United States;
and
``(C) the Secretary of Transportation and the
Secretary of Defense notify the Committee on Armed
Services and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed
Services and the Committee on Transportation and
Infrastructure of the House of Representatives that the
Secretaries concur with the certification required
under subparagraph (A)(ii)(III), and have reviewed and
agree that there are no legal, operational, or other
impediments that would prohibit the owner or operator
for the vessel from performing its obligations under an
operating agreement under this chapter.
``(3) Vessels owned and operated by a defense owner or
operator.--A vessel meets the requirements of this paragraph
if--
``(A) during the period of an operating agreement
under this chapter that applies to the vessel, the
vessel will be owned and operated by a person that--
``(i) is eligible to document a vessel
under chapter 121;
``(ii) operates or manages other vessels of
the United States for the Secretary of Defense,
or charters other vessels to the Secretary of
Defense;
``(iii) has entered into a special security
agreement for the purpose of this paragraph
with the Secretary of Defense;
``(iv) makes the certification described in
paragraph (2)(A)(ii)(III); and
``(v) in the case of a vessel described in
paragraph (2)(B), enters into an agreement
referred to in that subparagraph; and
``(B) the Secretary of Transportation and the
Secretary of Defense notify the Committee on Armed
Services and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed
Services and the Committee on Transportation and
Infrastructure of the House of Representatives that
they concur with the certification required under
subparagraph (A)(iv), and have reviewed and agree that
there are no legal, operational, or other impediments
that would prohibit the owner or operator for the
vessel from performing its obligations under an
operating agreement under this chapter.
``(4) Vessels owned by documentation citizens and chartered
to section 50501 citizens.--A vessel meets the requirements of
this paragraph if, during the period of an operating agreement
under this chapter, the vessel will be--
``(A) owned by a person who is eligible to document
a vessel under chapter 121; and
``(B) demise chartered to a person that is a
citizen of the United States under section 50501.
``(d) Request by Secretary of Defense.--The Secretary of Defense
shall request that the Commandant of the Coast Guard issue any waiver
under section 501 that the Secretary of Defense determines is necessary
for purposes of this chapter.
``(e) Vessel Standards.--
``(1) Certificate of inspection.--A vessel used to provide
oceangoing transportation that the Commandant of the Coast
Guard determines meets the criteria of subsection (b) but
which, on the date of enactment of this section, is not
documented under chapter 121, shall be eligible for a
certificate of inspection if the Commandant of the Coast Guard
determines that--
``(A) the vessel is classed by and designed in
accordance with the rules of the American Bureau of
Shipping, or another classification society accepted by
the Commandant of the Coast Guard;
``(B) the vessel complies with applicable
international agreements and associated guidelines, as
determined by the country in which the vessel was
documented immediately before becoming documented under
chapter 121; and
``(C) the country has not been identified by the
Commandant of the Coast Guard as inadequately enforcing
international vessel regulations as to that vessel.
``(2) Reliance on classification society.--
``(A) In general.--The Commandant of the Coast
Guard may rely on a certification from the American
Bureau of Shipping or, subject to subparagraph (B),
another classification society accepted by the
Commandant of the Coast Guard, to establish that a
vessel is in compliance with the requirements of
paragraph (1).
``(B) Foreign classification society.--The
Secretary may accept certification from a foreign
classification society under subparagraph (A) only--
``(i) to the extent that the government of
the foreign country in which the society is
headquartered provides access on a reciprocal
basis to the American Bureau of Shipping; and
``(ii) if the foreign classification
society has offices and maintains records in
the United States.
``Sec. 53203. Vessel standards
``(a) Certificate of Inspection.--A vessel used to provide
transportation service as a common carrier that the Secretary of
Transportation determines meets the criteria of section 53102(b), which
on the date of enactment of this section is not a documented vessel,
shall be eligible for a certificate of inspection if the Secretary
determines that--
``(1) the vessel is classed by and designed in accordance
with the rules of the American Bureau of Shipping or another
classification society accepted by the Secretary;
``(2) the vessel complies with applicable international
agreements and associated guidelines, as determined by the
country in which the vessel was documented immediately before
becoming a documented vessel (as defined in that section); and
``(3) that country has not been identified by the Secretary
as inadequately enforcing international vessel regulations as
to that vessel.
``(b) Continued Eligibility for Certificate.--Subsection (a) does
not apply to any vessel that has failed to comply with the applicable
international agreements and association guidelines referred to in
subsection (a)(2).
``(c) Reliance on Classification Society.--
``(1) In general.--The Secretary may rely on a
certification from the American Bureau of Shipping or, subject
to paragraph (2), another classification society accepted by
the Secretary, to establish that a vessel is in compliance with
the requirements of subsections (a) and (b).
``(2) Foreign classification society.--The Secretary may
accept certification from a foreign classification society
under paragraph (1) only--
``(A) to the extent that the government of the
foreign country in which the society is headquartered
provides access on a reciprocal basis to the American
Bureau of Shipping; and
``(B) if the foreign classification society has
offices and maintains records in the United States.
``Sec. 53204. Award of operating agreements
``(a) In General.--The Secretary of Transportation shall require,
as a condition of including any vessel in the Fleet, that the owner or
operator of the vessel enter into an operating agreement with the
Secretary under this section.
``(b) Procedure for Applications.--
``(1) Participating fleet vessels.--
``(A) In general.--The Secretary of Transportation
shall accept an application for an operating agreement
for a participating Fleet vessel under the priority
under paragraph (2) only from a person that has
authority to enter into an operating agreement under
this chapter.
``(B) Vessel under demise charter.--For purposes of
subparagraph (A), in the case of a vessel that is
subject to a demise charter that terminates by its own
terms on September 30, 2035 (without giving effect to
any extension provided therein for completion of a
voyage or to effect the actual redelivery of the
vessel), or that is terminable at the will of the owner
of the vessel after such date, only the owner of the
vessel shall be treated as having the authority
referred to in subparagraph (A).
``(C) Vessel owned by a united states citizen
trust.--For purposes of subparagraph (B), in the case
of a vessel owned by a United States citizen trust, the
term `owner of the vessel' includes the beneficial
owner of the vessel with respect to such trust.
``(2) Discretion within priority.--The Secretary of
Transportation--
``(A) may award operating agreements under
paragraph (1) according to such priorities as the
Secretary considers appropriate; and
``(B) shall award operating agreements within any
such priority--
``(i) in accordance with operational
requirements specified by the Secretary of
Defense;
``(ii) in the case of operating agreements
awarded under subparagraph (B) of paragraph
(1), according to applicants' records of owning
and operating vessels; and
``(iii) subject to approval of the
Secretary of Defense.
``(c) Limitation.--For any fiscal year, the Secretary may not award
operating agreements under this chapter that require payments under
section 53207 for more than 10 vessels.
``Sec. 53205. Effectiveness of operating agreements
``(a) In General.--Subject to the availability of appropriations
for such purpose, the Secretary of Transportation may enter into an
operating agreement under this chapter for fiscal year 2021 and any
subsequent fiscal year. Each such agreement may be renewed annually for
up to 7 years.
``(b) Vessels Under Charter to the United States.--The owner or
operator of a vessel under charter to the United States is eligible to
receive payments pursuant to any operating agreement that covers such
vessel.
``(c) Termination.--
``(1) Termination by secretary for lack of owner or
operator compliance.--If the owner or operator with respect to
an operating agreement materially fails to comply with the
terms of the agreement--
``(A) the Secretary shall notify the owner or
operator and provide a reasonable opportunity to comply
with the operating agreement; and
``(B) the Secretary shall terminate the operating
agreement if the owner or operator fails to achieve
such compliance.
``(2) Termination by owner or operator.--
``(A) In general.--If an owner or operator provides
notice of the intent to terminate an operating
agreement under this chapter by not later than 60 days
prior to the date specified by the owner or operator
for such termination, such agreement shall terminate on
the date specified by the owner or operator.
``(B) Replacement.--An operating agreement with
respect to a vessel shall terminate on the date that is
three years after the date on which the vessel begins
operating under the agreement, if--
``(i) the owner or operator notifies the
Secretary, by not later than 2 years after the
date the vessel begins operating under the
agreement, that the owner or operator intends
to terminate the agreement under this
subparagraph; and
``(ii) the Secretary of Transportation, in
coordination with the Secretary of Defense,
determines that--
``(I) an application for an
operating agreement under this chapter
has been received for a replacement
vessel that is acceptable to the
Secretaries; and
``(II) during the period of an
operating agreement under this chapter
that applies to the replacement vessel,
the replacement vessel will be--
``(aa) owned and operated
by one or more persons that are
citizens of the United States
under section 50501; or
``(bb) owned by a person
who is eligible to document the
vessel under chapter 121, and
operated by a person that is a
citizen of the United States
under section 50501.
``(d) Nonrenewal for Lack of Funds.--
``(1) In general.--If sufficient funds are not made
available to carry out an operating agreement under this
chapter--
``(A) the Secretary of Transportation shall submit
to the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives notice that such agreement shall be not
renewed effective on the 60th day of the fiscal year,
unless such funds are made available before such day;
and
``(B) effective on the 60th day of such fiscal
year, terminate such agreement and provide notice of
such termination to the owner or operator of the vessel
covered by the agreement.
``(2) Release of vessels from obligations.--If an operating
agreement for a vessel under this chapter is not renewed
pursuant to paragraph (1), then the owner or operator of the
vessel is released from any further obligation under the
operating agreement as of the date of such termination or
nonrenewal.
``(3) Foreign transfer and registration.--The owner or
operator of a vessel covered by an operating agreement under
this chapter may transfer and register such vessel under a
foreign registry that is acceptable to the Secretary and the
Secretary of Defense, notwithstanding section 53201.
``(4) Requisition.--If chapter 563 is applicable to a
vessel after registration, then the vessel is available to be
requisitioned by the Secretary pursuant to chapter 563.
``Sec. 53206. Obligations and rights under operating agreements
``(a) Operation of Vessel.--An operating agreement under this
chapter shall require that, during the period the vessel covered by the
agreement is operating under the agreement the vessel shall--
``(1) be operated in the United States foreign commerce,
mixed United States foreign commerce and domestic trade allowed
under a registry endorsement issued under section 12111, in
foreign-to-foreign commerce, or under a charter to the United
States;
``(2) not be operated in the coastwise trade except as
described in paragraph (1); and
``(3) be documented under chapter 121.
``(b) Operating Agreement Is an Obligation of the United States
Government.--An operating agreement under this chapter constitutes a
contractual obligation of the United States Government to pay the
amounts provided for in the agreement to the extent of actual
appropriations.
``(c) Obligations of Owner or Operator.--
``(1) In general.--The owner or operator of a vessel
covered by an operating agreement under this chapter shall
agree, as a condition of such agreement, to remain obligated to
carry out the requirements described in paragraph (2) until the
termination date specified in the agreement, even in the case
of early termination of the agreement under section 53205(c).
This subsection shall not apply in the case of an operating
agreement terminated for lack of funds under section 53205(d).
``(2) Requirements.--The requirements described in this
paragraph are the following:
``(A) To continue the documentation of the vessel
under chapter 121.
``(B) To be bound by the requirements of section
53208.
``(C) That all terms and conditions of an emergency
preparedness agreement entered into under section 53208
shall remain in effect, except that the terms of such
emergency preparedness agreement may be modified by the
mutual consent of the owner or operator, the Secretary
and the Secretary of Defense as provided in such
section.
``(d) Transfer of Operating Agreements.--The owner or operator of a
vessel covered by an operating agreement under this chapter may
transfer that agreement (including all rights and obligations under the
agreement) to any person that is eligible to enter into that operating
agreement under this chapter, if the transfer is approved by the
Secretary of Transportation and the Secretary of Defense.
``(e) Replacement of Vessels Covered by Agreements.--An owner or
operator of a vessel covered by an operating agreement under this
chapter may replace the vessel with another vessel that is eligible to
be included in the Fleet under section 53202(b), if the Secretary of
Transportation, in coordination with the Secretary of Defense, approves
the replacement of the vessel. In selecting a replacement vessel, the
owner or operator shall give primary consideration to--
``(1) the commercial viability of the vessel;
``(2) the utility of the vessel with respect to the
operating requirements of the owner or operator; and
``(3) ensuring that the commercial and military utility of
any replacement vessel is not less than that of the initial
vessel.
``Sec. 53207. Payments
``(a) Annual Payment.--Subject to the availability of
appropriations for such purpose and the other provisions of this
chapter, the Secretary shall pay to the owner or operator of a vessel
covered by an operating agreement under this chapter an amount equal to
$6,000,000 for each vessel covered by the agreement for each fiscal
year that the vessel is covered by the agreement. Such amount shall be
paid in equal monthly installments on the last day of each month. The
amount payable under this subsection may not be reduced except as
provided by this section.
``(b) Certification Required for Payment.--As a condition of
receiving payment under this section for a fiscal year for a vessel,
the owner or operator of the vessel shall certify, in accordance with
regulations issued by the Secretary, that the vessel has been and will
be operated in accordance with section 53206 for at least 320 days
during the fiscal year. Days during which the vessel is drydocked,
surveyed, inspected, or repaired shall be considered days of operation
for purposes of this subsection.
``(c) General Limitations.--The Secretary may not make any payment
under this chapter for a vessel with respect to any days for which the
vessel is--
``(1) not operated or maintained in accordance with an
operating agreement under this chapter; or
``(2) more than 25 years of age.
``(d) Reductions in Payments.--With respect to payments under this
chapter for a vessel covered by an operating agreement, the Secretary--
``(1) except as provided in paragraph (2), may not reduce
such a payment for the operation of the vessel to carry
military or other preference cargoes under section 55302(a),
55304, 55305, or 55314, section 2631 of title 10, or any other
cargo preference law of the United States;
``(2) may not make such a payment for any day that the
vessel is engaged in transporting more than 7,500 tons of
civilian bulk preference cargoes pursuant to section 55302(a),
55305, or 55314, that is bulk cargo; and
``(3) shall make a pro rata reduction for each day less
than 320 in a fiscal year that the vessel is not operated in
accordance with section 53206.
``(e) Limitations Regarding Noncontiguous Domestic Trade.--
``(1) In general.--No owner or operator shall receive
payments pursuant to this chapter during a period in which it
participates in noncontiguous domestic trade.
``(2) Limitation on application.--Paragraph (1) shall not
apply to a owner or operator that is a citizen of the United
States within the meaning of section 50501, applying the 75
percent ownership requirement of that section.
``(3) Participates in a noncontiguous trade defined.--In
this subsection the term `participates in a noncontiguous
domestic trade' means directly or indirectly owns, charters, or
operates a vessel engaged in transportation of cargo between a
point in the contiguous 48 States and a point in Alaska,
Hawaii, or Puerto Rico, other than a point in Alaska north of
the Arctic Circle.
``Sec. 53208. National security requirements
``(a) Emergency Preparedness Agreement Required.--The Secretary of
Transportation, in coordination with the Secretary of Defense, shall
establish an emergency preparedness program under this section under
which the owner or operator of a vessel covered by an operating
agreement under this chapter shall agree, as a condition of the
operating agreement, to enter into an emergency preparedness agreement
with the Secretaries. Each such emergency preparedness agreement shall
be entered into as promptly as practicable after the owner or operator
has entered into the operating agreement.
``(b) Terms of Agreement.--The terms of an agreement under this
section--
``(1) shall provide that upon request by the Secretary of
Defense during time of war or national emergency, or whenever
determined by the Secretary of Defense to be necessary for
national security or contingency operation (as that term is
defined in section 101 of title 10), the owner or operator
shall make available commercial transportation resources
(including services) described in subsection (d) to the
Secretary of Defense;
``(2) shall include such additional terms as may be
established by the Secretary of Transportation and the
Secretary of Defense; and
``(3) shall allow for the modification or addition of terms
upon agreement by the Secretary of Transportation and the owner
or operator and the approval by the Secretary of Defense.
``(c) Participation After Expiration of Operating Agreement.--
Except as provided by section 53206, the Secretary may not require,
through an emergency preparedness agreement or an operating agreement,
that an owner or operator of a vessel covered by an operating agreement
continue to participate in an emergency preparedness agreement after
the operating agreement has expired according to its terms or is
otherwise no longer in effect. After the expiration of an emergency
preparedness agreement, a owner or operator may voluntarily continue to
participate in the agreement.
``(d) Resources Made Available.--The commercial transportation
resources to be made available under an emergency preparedness
agreement shall include vessels or capacity in vessels, terminal
facilities, management services, and other related services, or any
agreed portion of such nonvessel resources for activation as the
Secretary of Defense may determine to be necessary, seeking to minimize
disruption of the owner or operator's service to commercial customers.
``(e) Compensation.--
``(1) In general.--Each emergency preparedness agreement
under this section shall provide that the Secretary of Defense
shall pay fair and reasonable compensation for all commercial
transportation resources provided pursuant to this section.
``(2) Specific requirements.--Compensation under this
subsection--
``(A) shall not be less than the owner or
operator's commercial market charges for like
transportation resources;
``(B) shall be fair and reasonable considering all
circumstances;
``(C) shall be provided from the time that a vessel
or resource is required by the Secretary of Defense
until the time it is redelivered to the owner or
operator and is available to reenter commercial
service; and
``(D) shall be in addition to and shall not in any
way reflect amounts payable under section 53207.
``(f) Temporary Replacement Vessels.--Notwithstanding section
55302(a), 55304, 55305, or 55314, section 2631 of title 10, or any
other cargo preference law of the United States--
``(1) an owner or operator may operate or employ in foreign
commerce a foreign-flag vessel or foreign-flag vessel capacity
as a temporary replacement for a vessel of the United States or
vessel of the United States capacity that is activated by the
Secretary of Defense under an emergency preparedness agreement
or a primary Department of Defense sealift readiness program;
and
``(2) such replacement vessel or vessel capacity shall be
eligible during the replacement period to transport preference
cargoes subject to sections 55302(a), 55304, 55305, and 55314
and section 2631 of title 10 to the same extent as the
eligibility of the vessel or vessel capacity replaced.
``(g) Redelivery and Liability of the United States for Damages.--
``(1) In general.--All commercial transportation resources
activated under an emergency preparedness agreement shall, upon
termination of the period of activation, be redelivered to the
owner or operator in the same good order and condition as when
received, less ordinary wear and tear, or the Secretary of
Defense shall fully compensate the owner or operator for any
necessary repair or replacement.
``(2) Limitation on united states liability.--Except as may
be expressly agreed in an emergency preparedness agreement, or
as otherwise provided by law, the Government shall not be
liable for disruption of an owner or operator's commercial
business or other consequential damages to an owner or operator
arising from the activation of commercial transportation
resources under an emergency preparedness agreement.
``Sec. 53209. Regulatory relief
``(a) Operation in Foreign Commerce.--An owner or operator for a
vessel included in an operating agreement under this chapter may
operate the vessel in the foreign commerce of the United States without
restriction.
``(b) Other Restrictions.--The restrictions of section 55305(a)
concerning the building, rebuilding, or documentation of a vessel in a
foreign country shall not apply to a vessel for any day the operator of
the vessel is receiving payments for the operation of that vessel under
an operating agreement under this chapter.
``(c) Telecommunications Equipment.--The telecommunications and
other electronic equipment on an existing vessel that is redocumented
under the laws of the United States for operation under an operating
agreement under this chapter shall be deemed to satisfy all Federal
Communications Commission equipment certification requirements, if--
``(1) such equipment complies with all applicable
international agreements and associated guidelines as
determined by the country in which the vessel was documented
immediately before becoming documented under the laws of the
United States;
``(2) that country has not been identified by the Secretary
as inadequately enforcing international regulations as to that
vessel; and
``(3) at the end of its useful life, such equipment shall
be replaced with equipment that meets Federal Communications
Commission equipment certification standards.
``Sec. 53210. Special rule regarding age of participating Fleet vessels
``Any age restriction under section 53202(b)(4) shall not apply to
a participating Fleet vessel during the 30-month period beginning on
the date the vessel begins operating under an operating agreement under
this chapter, if the Secretary of Transportation determines that the
owner or operator of the vessel has entered into an arrangement to
obtain and operate under the operating agreement for the participating
Fleet vessel a replacement vessel that, upon commencement of such
operation, will be eligible to be included in the Fleet under section
53202(b).
``Sec. 53211. Regulations
``The Secretary of Transportation and the Secretary of Defense may
each prescribe rules as necessary to carry out their respective
responsibilities under this chapter.
``Sec. 53212. Authorization of appropriations
``There is authorized to be appropriated for payments under section
53207, $60,000,000 for each of fiscal years 2021 through 2035, to
remain available until expended.
``Sec. 53213. Acquisition of Fleet vessels
``(a) In General.--Upon replacement of a Fleet vessel under an
operating agreement under this chapter, and subject to agreement by the
owner or operator of the vessel, the Secretary of Transportation may,
subject to the concurrence of the Secretary of Defense, acquire the
vessel being replaced for inclusion in the National Defense Reserve
Fleet.
``(b) Requirements.--To be eligible for acquisition by the
Secretary of Transportation under this section a vessel shall--
``(1) have been covered by an operating agreement under
this chapter for not less than 3 years; and
``(2) meet recapitalization requirements for the Ready
Reserve Force.
``(c) Fair Market Value.--A fair market value shall be established
by the Maritime Administration for acquisition of an eligible vessel
under this section.
``(d) Appropriations.--Vessel acquisitions under this section shall
be subject to the availability of appropriations. Amounts made
available to carry out this section shall be derived from amounts
authorized to be appropriated for the National Defense Reserve Fleet.
Amounts authorized to be appropriated to carry out the Maritime
Security Program may not be use to carry out this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle VII of
title 46, United States Code, is amended by adding at the end the
following:
``532. Tanker Security Fleet................................ 53201''.
(c) Deadline for Accepting Applications.--
(1) In general.--The Secretary of Transportation shall
begin accepting applications for enrollment of vessels in the
Tanker Security Fleet established under chapter 532 of title
46, United States Code, as added by subsection (a), by not
later than 30 days after the date of the enactment of this Act.
(2) Approval.--Not later than 90 days after receipt of an
application for the enrollment of a vessel in the Tanker
Security Fleet, the Secretary, in coordination with the
Secretary of Defense, shall--
(A) approve the application and enter into an
operating agreement with the applicant; or
(B) provide to the applicant a written explanation
for the denial of the application.
TITLE XXXVI--FARM AND RANCH MENTAL HEALTH
SEC. 3601. PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN TO ADDRESS FARM AND
RANCH MENTAL HEALTH.
(a) In General.--The Secretary of Agriculture, in consultation with
the Secretary of Health and Human Services, shall carry out a public
service announcement campaign to address the mental health of farmers
and ranchers.
(b) Requirements.--The public service announcement campaign under
subsection (a) shall include television, radio, print, outdoor, and
digital public service announcements.
(c) Contractor.--
(1) In general.--The Secretary of Agriculture may enter
into a contract or other agreement with a third party to carry
out the public service announcement campaign under subsection
(a).
(2) Requirement.--In awarding a contract under paragraph
(1), the Secretary shall use a competitive bidding process.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture to carry out this section
$3,000,000, to remain available until expended.
SEC. 3602. EMPLOYEE TRAINING PROGRAM TO MANAGE FARMER AND RANCHER
STRESS.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary of Agriculture shall expand
the pilot program carried out by the Secretary in fiscal year 2019 that
trained employees of the Farm Service Agency in the management of
stress experienced by farmers and ranchers, to train employees of the
Farm Service Agency, the Risk Management Agency, and the Natural
Resources Conservation Service in the management of stress experienced
by farmers and ranchers, including the detection of stress and suicide
prevention.
(b) Report.--Not less frequently than once every 2 years, the
Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the implementation of this
section.
SEC. 3603. TASK FORCE FOR ASSESSMENT OF CAUSES OF MENTAL STRESS AND
BEST PRACTICES FOR RESPONSE.
(a) In General.--The Secretary of Agriculture shall convene a task
force of agricultural and rural stakeholders at the national, State,
and local levels--
(1) to assess the causes of mental stress in farmers and
ranchers; and
(2) to identify best practices for responding to that
mental stress.
(b) Submission of Report.--Not later than 1 year after the date of
enactment of this Act, the task force convened under subsection (a)
shall submit to the Secretary of Agriculture a report containing the
assessment and best practices under paragraphs (1) and (2),
respectively, of subsection (a).
(c) Collaboration.--In carrying out this section, the task force
convened under subsection (a) shall collaborate with nongovernmental
organizations and State and local agencies.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-Based Decisions.--A decision to commit, obligate, or
expend funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 or section 1512 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds between
appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 MQ-1 UAV............. 75,000
Additional [75,000]
aircraft.
003 FUTURE UAS FAMILY.... 1,100 1,100
004 RQ-11 (RAVEN)........ 20,851 20,851
ROTARY
007 AH-64 APACHE BLOCK 792,027 792,027
IIIA REMAN.
008 AH-64 APACHE BLOCK 169,460 169,460
IIIA REMAN AP.
011 UH-60 BLACKHAWK M 742,998 725,298
MODEL (MYP).
Unjustified costs [-17,700]
012 UH-60 BLACKHAWK M 87,427 87,427
MODEL (MYP) AP.
013 UH-60 BLACK HAWK L 172,797 172,797
AND V MODELS.
014 CH-47 HELICOPTER..... 160,750 266,850
Program increase. [136,000]
Unjustified cost [-29,900]
growth.
015 CH-47 HELICOPTER AP.. 18,372 47,372
Program increase. [29,000]
MODIFICATION OF
AIRCRAFT
018 UNIVERSAL GROUND 7,509 7,509
CONTROL EQUIPMENT
(UAS).
019 GRAY EAGLE MODS2..... 16,280 16,280
020 MULTI SENSOR ABN 35,864 35,864
RECON (MIP).
021 AH-64 MODS........... 118,316 113,216
Unjustified cost [-5,100]
growth--M-DSA.
022 CH-47 CARGO 15,548 15,548
HELICOPTER MODS
(MYP).
023 GRCS SEMA MODS (MIP). 2,947 2,947
024 ARL SEMA MODS (MIP).. 9,598 9,598
025 EMARSS SEMA MODS 2,452 2,452
(MIP).
026 UTILITY/CARGO 13,868 13,868
AIRPLANE MODS.
027 UTILITY HELICOPTER 25,842 31,342
MODS.
Program increase. [5,500]
028 NETWORK AND MISSION 77,432 77,432
PLAN.
029 COMMS, NAV 101,355 101,355
SURVEILLANCE.
031 AVIATION ASSURED PNT. 54,609 54,609
032 GATM ROLLUP.......... 12,180 12,180
034 UAS MODS............. 4,204 4,204
GROUND SUPPORT
AVIONICS
035 AIRCRAFT 49,455 49,455
SURVIVABILITY
EQUIPMENT.
036 SURVIVABILITY CM..... 8,035 8,035
037 CMWS................. 10,567 10,567
038 COMMON INFRARED 237,467 237,467
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 AVIONICS SUPPORT 1,789 1,789
EQUIPMENT.
040 COMMON GROUND 17,584 17,584
EQUIPMENT.
041 AIRCREW INTEGRATED 48,265 48,265
SYSTEMS.
042 AIR TRAFFIC CONTROL.. 26,408 26,408
044 LAUNCHER, 2.75 ROCKET 2,256 2,256
045 LAUNCHER GUIDED 8,982 8,982
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 3,074,594 3,267,394
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 378,654 378,654
003 MSE MISSILE.......... 603,188 603,188
004 PRECISION STRIKE 49,941 42,441
MISSILE (PRSM).
Contract delay... [-7,500]
005 INDIRECT FIRE 106,261 25,011
PROTECTION
CAPABILITY INC 2-I.
Army identified [-40,500]
funds excess to
need.
Funding excess to [-40,750]
need.
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 91,225 91,225
007 JOINT AIR-TO-GROUND 213,397 213,397
MSLS (JAGM).
008 LONG RANGE PRECISION 45,307 45,307
MUNITION.
ANTI-TANK/ASSAULT
MISSILE SYS
009 JAVELIN (AAWS-M) 190,325 190,325
SYSTEM SUMMARY.
010 TOW 2 SYSTEM SUMMARY. 121,074 121,074
011 GUIDED MLRS ROCKET 850,157 850,157
(GMLRS).
012 MLRS REDUCED RANGE 30,836 30,836
PRACTICE ROCKETS
(RRPR).
013 HIGH MOBILITY 41,226 41,226
ARTILLERY ROCKET
SYSTEM (HIMARS.
MODIFICATIONS
016 PATRIOT MODS......... 278,050 278,050
017 ATACMS MODS.......... 141,690 141,690
020 AVENGER MODS......... 13,942 13,942
021 ITAS/TOW MODS........ 5,666 5,666
022 MLRS MODS............ 310,419 310,419
023 HIMARS MODIFICATIONS. 6,081 6,081
SPARES AND REPAIR
PARTS
024 SPARES AND REPAIR 5,090 5,090
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
025 AIR DEFENSE TARGETS.. 8,978 8,978
TOTAL MISSILE 3,491,507 3,402,757
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 192,971 172,971
VEHICLE (AMPV).
Prior year carry- [-80,000]
over.
Program increase. [60,000]
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER UPGRADE...... 847,212 1,183,052
CROWS-J program [-39,160]
delay.
Program increase-- [375,000]
Army UPL.
005 BRADLEY PROGRAM (MOD) 493,109 435,759
Prior year carry- [-17,350]
over.
UBIS early to [-40,000]
need.
006 M109 FOV 26,893 21,893
MODIFICATIONS.
Prior year [-5,000]
carryover.
007 PALADIN INTEGRATED 435,825 435,825
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 5,074 5,074
010 ASSAULT BREACHER 19,500 19,500
VEHICLE.
011 M88 FOV MODS......... 18,382 13,082
Program reduction [-5,300]
012 JOINT ASSAULT BRIDGE. 72,178 61,878
Program delay.... [-10,300]
013 M1 ABRAMS TANK (MOD). 392,013 386,278
Prior year carry- [-5,735]
over.
014 ABRAMS UPGRADE 1,033,253 1,020,396
PROGRAM.
Component cost [-3,480]
savings.
Prior year carry- [-9,377]
over.
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 17,864 17,864
ANTI-PERSONNEL
WEAPON S.
018 MORTAR SYSTEMS....... 10,288 10,288
019 XM320 GRENADE 5,969 5,969
LAUNCHER MODULE
(GLM).
020 PRECISION SNIPER 10,137 10,137
RIFLE.
021 COMPACT SEMI- 999 999
AUTOMATIC SNIPER
SYSTEM.
022 CARBINE.............. 7,411 7,411
023 NEXT GENERATION SQUAD 35,822 35,822
WEAPON.
024 COMMON REMOTELY 24,534 24,534
OPERATED WEAPONS
STATION.
025 HANDGUN.............. 4,662 4,662
MOD OF WEAPONS AND
OTHER COMBAT VEH
026 MK-19 GRENADE MACHINE 6,444 6,444
GUN MODS.
027 M777 MODS............ 10,983 10,983
028 M4 CARBINE MODS...... 4,824 4,824
031 M240 MEDIUM MACHINE 6,385 6,385
GUN MODS.
032 SNIPER RIFLES 1,898 1,898
MODIFICATIONS.
033 M119 MODIFICATIONS... 2,009 2,009
034 MORTAR MODIFICATION.. 1,689 1,689
035 MODIFICATIONS LESS 2,604 2,604
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN $5.0M 2,763 2,763
(WOCV-WTCV).
037 PRODUCTION BASE 3,045 3,045
SUPPORT (WOCV-WTCV).
TOTAL 3,696,740 3,916,038
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 68,472 68,472
TYPES.
002 CTG, 7.62MM, ALL 109,933 109,933
TYPES.
003 NEXT GENERATION SQUAD 11,988 11,988
WEAPON AMMUNITION.
004 CTG, HANDGUN, ALL 853 853
TYPES.
005 CTG, .50 CAL, ALL 58,280 58,280
TYPES.
006 CTG, 20MM, ALL TYPES. 31,708 31,708
007 CTG, 25MM, ALL TYPES. 9,111 9,111
008 CTG, 30MM, ALL TYPES. 58,172 58,172
009 CTG, 40MM, ALL TYPES. 114,638 114,638
MORTAR AMMUNITION
010 60MM MORTAR, ALL 31,222 31,222
TYPES.
011 81MM MORTAR, ALL 42,857 42,857
TYPES.
012 120MM MORTAR, ALL 107,762 107,762
TYPES.
TANK AMMUNITION
013 CARTRIDGES, TANK, 233,444 233,444
105MM AND 120MM, ALL
TYPES.
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 35,963 35,963
75MM & 105MM, ALL
TYPES.
015 ARTILLERY PROJECTILE, 293,692 283,692
155MM, ALL TYPES.
Program delays... [-10,000]
016 PROJ 155MM EXTENDED 69,159 69,159
RANGE M982.
017 ARTILLERY 232,913 232,913
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
018 MINES & CLEARING 65,278 62,778
CHARGES, ALL TYPES.
Program decrease. [-2,500]
019 CLOSE TERRAIN SHAPING 4,995 2,995
OBSTACLE.
Program reduction [-2,000]
ROCKETS
020 SHOULDER LAUNCHED 69,112 61,612
MUNITIONS, ALL TYPES.
Prior year [-7,500]
carryover.
021 ROCKET, HYDRA 70, ALL 125,915 125,915
TYPES.
OTHER AMMUNITION
022 CAD/PAD, ALL TYPES... 8,891 8,891
023 DEMOLITION MUNITIONS, 54,043 54,043
ALL TYPES.
024 GRENADES, ALL TYPES.. 28,931 28,931
025 SIGNALS, ALL TYPES... 27,036 27,036
026 SIMULATORS, ALL TYPES 10,253 10,253
MISCELLANEOUS
027 AMMO COMPONENTS, ALL 3,476 3,476
TYPES.
029 ITEMS LESS THAN $5 10,569 10,569
MILLION (AMMO).
030 AMMUNITION PECULIAR 12,338 12,338
EQUIPMENT.
031 FIRST DESTINATION 15,908 15,908
TRANSPORTATION
(AMMO).
032 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
033 INDUSTRIAL FACILITIES 592,224 696,724
Program increase. [104,500]
034 CONVENTIONAL 235,112 235,112
MUNITIONS
DEMILITARIZATION.
035 ARMS INITIATIVE...... 3,369 3,369
TOTAL 2,777,716 2,860,216
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 12,986 12,986
DOLLY SETS.
002 SEMITRAILERS, 31,443 31,443
FLATBED:.
003 SEMITRAILERS, TANKERS 17,082 17,082
004 HI MOB MULTI-PURP 44,795 44,795
WHLD VEH (HMMWV).
005 GROUND MOBILITY 37,932 37,932
VEHICLES (GMV).
008 JOINT LIGHT TACTICAL 894,414 894,414
VEHICLE FAMILY OF
VEHICL.
009 TRUCK, DUMP, 20T 29,368 29,368
(CCE).
010 FAMILY OF MEDIUM 95,092 95,092
TACTICAL VEH (FMTV).
011 FAMILY OF COLD 999 999
WEATHER ALL-TERRAIN
VEHICLE (C.
012 FIRETRUCKS & 27,687 27,687
ASSOCIATED
FIREFIGHTING EQUIP.
014 PLS ESP.............. 21,969 21,969
015 HVY EXPANDED MOBILE 65,635 132,635
TACTICAL TRUCK EXT
SERV.
Program increase. [67,000]
016 HMMWV 5,927 5,927
RECAPITALIZATION
PROGRAM.
017 TACTICAL WHEELED 36,497 36,497
VEHICLE PROTECTION
KITS.
018 MODIFICATION OF IN 114,977 114,977
SVC EQUIP.
NON-TACTICAL VEHICLES
020 PASSENGER CARRYING 1,246 1,246
VEHICLES.
021 NONTACTICAL VEHICLES, 19,870 19,870
OTHER.
COMM--JOINT
COMMUNICATIONS
022 SIGNAL MODERNIZATION 160,469 150,469
PROGRAM.
Unit cost growth. [-10,000]
023 TACTICAL NETWORK 360,379 337,879
TECHNOLOGY MOD IN
SVC.
Program delays... [-10,000]
Unit cost growth. [-12,500]
024 SITUATION INFORMATION 63,396 63,396
TRANSPORT.
026 JCSE EQUIPMENT 5,170 5,170
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
029 DEFENSE ENTERPRISE 101,498 101,498
WIDEBAND SATCOM
SYSTEMS.
030 TRANSPORTABLE 72,450 64,950
TACTICAL COMMAND
COMMUNICATIONS.
Program delays... [-7,500]
031 SHF TERM............. 13,173 13,173
032 ASSURED POSITIONING, 134,928 134,928
NAVIGATION AND
TIMING.
033 SMART-T (SPACE)...... 8,611 8,611
034 GLOBAL BRDCST SVC-- 8,191 8,191
GBS.
COMM--C3 SYSTEM
036 COE TACTICAL SERVER 94,871 94,871
INFRASTRUCTURE (TSI).
COMM--COMBAT
COMMUNICATIONS
037 HANDHELD MANPACK 550,848 550,848
SMALL FORM FIT (HMS).
038 RADIO TERMINAL SET, 8,237 8,237
MIDS LVT(2).
041 SPIDER FAMILY OF 13,967 0
NETWORKED MUNITIONS
INCR.
Program [-13,967]
cancellation.
043 UNIFIED COMMAND SUITE 19,579 19,579
044 COTS COMMUNICATIONS 94,156 94,156
EQUIPMENT.
045 FAMILY OF MED COMM 18,313 18,313
FOR COMBAT CASUALTY
CARE.
046 ARMY COMMUNICATIONS & 51,480 51,480
ELECTRONICS.
COMM--INTELLIGENCE
COMM
048 CI AUTOMATION 13,146 13,146
ARCHITECTURE (MIP).
049 DEFENSE MILITARY 5,624 5,624
DECEPTION INITIATIVE.
INFORMATION SECURITY
051 INFORMATION SYSTEM 4,596 4,596
SECURITY PROGRAM-
ISSP.
052 COMMUNICATIONS 159,272 149,272
SECURITY (COMSEC).
Program decrease. [-10,000]
053 DEFENSIVE CYBER 54,753 54,753
OPERATIONS.
054 INSIDER THREAT 1,760 1,760
PROGRAM--UNIT
ACTIVITY MONITO.
056 ITEMS LESS THAN $5M 260 260
(INFO SECURITY).
COMM--LONG HAUL
COMMUNICATIONS
057 BASE SUPPORT 29,761 29,761
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
058 INFORMATION SYSTEMS.. 147,696 147,696
059 EMERGENCY MANAGEMENT 4,900 4,900
MODERNIZATION
PROGRAM.
060 HOME STATION MISSION 15,227 15,227
COMMAND CENTERS
(HSMCC).
061 JOINT INFORMATION 3,177 3,177
ENVIRONMENT (JIE).
062 INSTALLATION INFO 300,035 280,035
INFRASTRUCTURE MOD
PROGRAM.
Unjustified [-20,000]
growth.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
065 JTT/CIBS-M (MIP)..... 5,304 5,304
066 TERRESTRIAL LAYER 8,081 8,081
SYSTEMS (TLS) (MIP).
068 DCGS-A (MIP)......... 151,886 151,886
070 TROJAN (MIP)......... 17,593 17,593
071 MOD OF IN-SVC EQUIP 28,558 28,558
(INTEL SPT) (MIP).
073 BIOMETRIC TACTICAL 999 999
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
075 LIGHTWEIGHT COUNTER 5,332 5,332
MORTAR RADAR.
076 EW PLANNING & 7,849 7,849
MANAGEMENT TOOLS
(EWPMT).
077 AIR VIGILANCE (AV) 8,160 8,160
(MIP).
079 MULTI-FUNCTION 8,669 8,669
ELECTRONIC WARFARE
(MFEW) SYST.
082 CI MODERNIZATION 300 300
(MIP).
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
083 SENTINEL MODS........ 58,884 58,884
084 NIGHT VISION DEVICES. 1,127,375 897,375
IVAS reduction... [-230,000]
086 SMALL TACTICAL 13,954 13,954
OPTICAL RIFLE
MOUNTED MLRF.
088 INDIRECT FIRE 10,069 10,069
PROTECTION FAMILY OF
SYSTEMS.
089 FAMILY OF WEAPON 133,590 115,090
SIGHTS (FWS).
Program decrease. [-18,500]
091 JOINT BATTLE COMMAND-- 243,850 226,350
PLATFORM (JBC-P).
Program delays... [-17,500]
092 JOINT EFFECTS 69,641 50,541
TARGETING SYSTEM
(JETS).
Early to need.... [-19,100]
094 COMPUTER BALLISTICS: 7,509 7,509
LHMBC XM32.
095 MORTAR FIRE CONTROL 3,800 3,800
SYSTEM.
096 MORTAR FIRE CONTROL 7,292 7,292
SYSTEMS
MODIFICATIONS.
097 COUNTERFIRE RADARS... 72,421 71,421
Excess to need... [-1,000]
ELECT EQUIP--TACTICAL
C2 SYSTEMS
098 ARMY COMMAND POST 49,947 49,947
INTEGRATED
INFRASTRUCTURE (.
099 FIRE SUPPORT C2 9,390 9,390
FAMILY.
100 AIR & MSL DEFENSE 47,374 47,374
PLANNING & CONTROL
SYS.
101 IAMD BATTLE COMMAND 201,587 191,587
SYSTEM.
Program reduction [-10,000]
102 LIFE CYCLE SOFTWARE 4,495 4,495
SUPPORT (LCSS).
103 NETWORK MANAGEMENT 18,651 18,651
INITIALIZATION AND
SERVICE.
105 GLOBAL COMBAT SUPPORT 2,792 2,792
SYSTEM-ARMY (GCSS-A).
106 INTEGRATED PERSONNEL 9,071 9,071
AND PAY SYSTEM-ARMY
(IPP.
107 RECONNAISSANCE AND 12,117 12,117
SURVEYING INSTRUMENT
SET.
108 MOD OF IN-SVC 3,004 5,004
EQUIPMENT (ENFIRE).
Program increase. [2,000]
ELECT EQUIP--
AUTOMATION
109 ARMY TRAINING 14,574 14,574
MODERNIZATION.
110 AUTOMATED DATA 140,619 140,619
PROCESSING EQUIP.
111 GENERAL FUND 4,448 4,448
ENTERPRISE BUSINESS
SYSTEMS FAM.
112 HIGH PERF COMPUTING 68,405 68,405
MOD PGM (HPCMP).
113 CONTRACT WRITING 8,459 8,459
SYSTEM.
114 CSS COMMUNICATIONS... 57,651 57,651
115 RESERVE COMPONENT 14,848 14,848
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
117 ITEMS LESS THAN $5M 4,995 4,995
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
119 BCT EMERGING 16,983 8,983
TECHNOLOGIES.
Program reduction [-8,000]
CLASSIFIED PROGRAMS
19A CLASSIFIED PROGRAMS.. 1,582 1,582
CHEMICAL DEFENSIVE
EQUIPMENT
123 CBRN DEFENSE......... 28,456 28,456
124 SMOKE & OBSCURANT 13,995 13,995
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING.... 10,545 10,545
126 TACTICAL BRIDGE, 72,074 72,074
FLOAT-RIBBON.
127 BRIDGE SUPPLEMENTAL 32,493 32,493
SET.
128 COMMON BRIDGE 62,978 62,978
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
129 HANDHELD STANDOFF 5,570 5,570
MINEFIELD DETECTION
SYS-HST.
130 GRND STANDOFF MINE 2,497 2,497
DETECTN SYSM
(GSTAMIDS).
132 HUSKY MOUNTED 109,069 99,069
DETECTION SYSTEM
(HMDS).
Program reduction [-10,000]
134 EOD ROBOTICS SYSTEMS 36,584 36,584
RECAPITALIZATION.
135 ROBOTICS AND APPLIQUE 179,544 174,744
SYSTEMS.
SMET contract [-4,800]
delay.
137 RENDER SAFE SETS KITS 64,583 64,583
OUTFITS.
139 FAMILY OF BOATS AND 5,289 5,289
MOTORS.
COMBAT SERVICE
SUPPORT EQUIPMENT
140 HEATERS AND ECU'S.... 8,200 8,200
142 PERSONNEL RECOVERY 4,625 4,625
SUPPORT SYSTEM
(PRSS).
143 GROUND SOLDIER SYSTEM 154,937 154,937
144 MOBILE SOLDIER POWER. 34,297 34,297
147 CARGO AERIAL DEL & 53,021 53,021
PERSONNEL PARACHUTE
SYSTEM.
148 FAMILY OF ENGR COMBAT 23,324 23,324
AND CONSTRUCTION
SETS.
149 ITEMS LESS THAN $5M 8,014 8,014
(ENG SPT).
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, 78,448 78,448
PETROLEUM & WATER.
MEDICAL EQUIPMENT
151 COMBAT SUPPORT 59,485 64,485
MEDICAL.
Future Warfighter [5,000]
Shelter.
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 40,337 40,337
EQUIPMENT SYSTEMS.
153 ITEMS LESS THAN $5.0M 5,386 5,386
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
154 GRADER, ROAD MTZD, 5,406 5,406
HVY, 6X4 (CCE).
155 SCRAPERS, EARTHMOVING 4,188 4,188
156 LOADERS.............. 4,521 4,521
157 HYDRAULIC EXCAVATOR.. 5,186 5,186
158 TRACTOR, FULL TRACKED 4,715 4,715
159 ALL TERRAIN CRANES... 70,560 70,560
162 CONST EQUIP ESP...... 8,925 8,925
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
164 ARMY WATERCRAFT ESP.. 40,910 40,910
165 MANEUVER SUPPORT 76,576 76,576
VESSEL (MSV).
166 ITEMS LESS THAN $5.0M 1,844 1,844
(FLOAT/RAIL).
GENERATORS
167 GENERATORS AND 53,433 53,433
ASSOCIATED EQUIP.
168 TACTICAL ELECTRIC 22,216 22,216
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
169 FAMILY OF FORKLIFTS.. 16,145 16,145
TRAINING EQUIPMENT
170 COMBAT TRAINING 90,580 90,580
CENTERS SUPPORT.
171 TRAINING DEVICES, 161,814 161,814
NONSYSTEM.
172 SYNTHETIC TRAINING 13,063 13,063
ENVIRONMENT (STE).
175 GAMING TECHNOLOGY IN 1,950 1,950
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
176 CALIBRATION SETS 2,511 2,511
EQUIPMENT.
177 INTEGRATED FAMILY OF 78,578 73,578
TEST EQUIPMENT
(IFTE).
Program reduction [-5,000]
178 TEST EQUIPMENT 14,941 14,941
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
180 RAPID EQUIPPING 8,629 8,629
SOLDIER SUPPORT
EQUIPMENT.
181 PHYSICAL SECURITY 75,499 72,299
SYSTEMS (OPA3).
Early to need.... [-3,200]
182 BASE LEVEL COMMON 27,444 27,444
EQUIPMENT.
183 MODIFICATION OF IN- 32,485 32,485
SVC EQUIPMENT (OPA-
3).
187 SPECIAL EQUIPMENT FOR 39,436 39,436
TEST AND EVALUATION.
OPA2
189 INITIAL SPARES--C&E.. 9,950 9,950
TOTAL OTHER 8,625,206 8,288,139
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 1,761,146 1,761,146
HORNET.
002 F/A-18E/F (FIGHTER) 28,100
HORNET AP.
FY22 aircraft.... [28,100]
003 JOINT STRIKE FIGHTER 2,181,780 2,106,680
CV.
Excess depot [-6,500]
standup funding.
F135 [-21,000]
affordability
challenges.
Lot 15 target [-41,600]
cost savings.
Unjustified ALIS [-6,000]
funding.
004 JOINT STRIKE FIGHTER 330,386 330,386
CV AP.
005 JSF STOVL............ 1,109,393 1,053,893
Excess depot [-5,000]
standup funding.
F135 [-15,000]
affordability
challenges.
Lot 15 target [-18,000]
cost savings.
Unjustified ALIS [-10,000]
funding.
Unjustified [-7,500]
production
engineering
support.
006 JSF STOVL AP......... 303,035 303,035
007 CH-53K (HEAVY LIFT).. 813,324 813,324
008 CH-53K (HEAVY LIFT) 201,188 201,188
AP.
009 V-22 (MEDIUM LIFT)... 934,793 1,146,193
Navy UPL......... [211,400]
010 V-22 (MEDIUM LIFT) AP 39,547 39,547
011 H-1 UPGRADES (UH-1Y/ 7,267 7,267
AH-1Z).
013 P-8A POSEIDON........ 80,134 1,020,034
Line shutdown [-80,100]
early to need.
Six additional [1,020,000]
aircraft.
015 E-2D ADV HAWKEYE..... 626,109 626,109
016 E-2D ADV HAWKEYE AP.. 123,166 123,166
TRAINER AIRCRAFT
017 ADVANCED HELICOPTER 269,867 269,867
TRAINING SYSTEM.
OTHER AIRCRAFT
018 KC-130J.............. 380,984 380,984
019 KC-130J AP........... 67,022 67,022
021 MQ-4 TRITON.......... 150,570 280,570
One additional [130,000]
aircraft.
023 MQ-8 UAV............. 40,375 40,375
024 STUASL0 UAV.......... 30,930 30,930
026 VH-92A EXECUTIVE HELO 610,231 610,231
MODIFICATION OF
AIRCRAFT
028 F-18 A-D UNIQUE...... 208,261 208,261
029 F-18E/F AND EA-18G 468,954 468,954
MODERNIZATION AND
SUSTAINM.
030 AEA SYSTEMS.......... 21,061 21,061
031 AV-8 SERIES.......... 34,082 34,082
032 INFRARED SEARCH AND 158,055 158,055
TRACK (IRST).
033 ADVERSARY............ 42,946 42,946
034 F-18 SERIES.......... 379,351 379,351
035 H-53 SERIES.......... 74,771 74,771
036 MH-60 SERIES......... 131,584 136,584
Program increase. [5,000]
037 H-1 SERIES........... 185,140 185,140
038 EP-3 SERIES.......... 26,602 26,602
040 E-2 SERIES........... 175,540 175,540
041 TRAINER A/C SERIES... 7,085 7,085
042 C-2A................. 9,525 9,525
043 C-130 SERIES......... 141,705 141,705
044 FEWSG................ 684 684
045 CARGO/TRANSPORT A/C 8,911 8,911
SERIES.
046 E-6 SERIES........... 197,206 197,206
047 EXECUTIVE HELICOPTERS 29,086 29,086
SERIES.
049 T-45 SERIES.......... 155,745 155,745
050 POWER PLANT CHANGES.. 24,633 24,633
051 JPATS SERIES......... 22,682 22,682
052 AVIATION LIFE SUPPORT 40,401 40,401
MODS.
053 COMMON ECM EQUIPMENT. 138,480 138,480
054 COMMON AVIONICS 143,322 143,322
CHANGES.
055 COMMON DEFENSIVE 2,142 2,142
WEAPON SYSTEM.
056 ID SYSTEMS........... 35,999 35,999
057 P-8 SERIES........... 180,530 180,530
058 MAGTF EW FOR AVIATION 27,794 27,794
059 MQ-8 SERIES.......... 28,774 28,774
060 V-22 (TILT/ROTOR 334,405 334,405
ACFT) OSPREY.
061 NEXT GENERATION 176,638 176,638
JAMMER (NGJ).
062 F-35 STOVL SERIES.... 153,588 146,388
Block IV/TR3 [-7,200]
upgrade delays.
063 F-35 CV SERIES....... 105,452 99,552
Block IV/TR3 [-5,900]
upgrade delays.
064 QRC.................. 126,618 126,618
065 MQ-4 SERIES.......... 12,998 12,998
066 RQ-21 SERIES......... 18,550 18,550
AIRCRAFT SPARES AND
REPAIR PARTS
070 SPARES AND REPAIR 2,198,460 2,198,460
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
071 COMMON GROUND 543,559 543,559
EQUIPMENT.
072 AIRCRAFT INDUSTRIAL 75,685 75,685
FACILITIES.
073 WAR CONSUMABLES...... 40,633 40,633
074 OTHER PRODUCTION 21,194 21,194
CHARGES.
075 SPECIAL SUPPORT 155,179 155,179
EQUIPMENT.
076 FIRST DESTINATION 2,121 2,121
TRANSPORTATION.
TOTAL AIRCRAFT 17,127,378 18,298,078
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,173,837 1,173,837
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,275 7,275
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 277,694 277,694
TACTICAL MISSILES
004 AMRAAM............... 326,952 326,952
005 SIDEWINDER........... 126,485 126,485
007 STANDARD MISSILE..... 456,206 456,206
008 STANDARD MISSILE AP.. 66,716 66,716
009 SMALL DIAMETER BOMB 78,867 78,867
II.
010 RAM.................. 90,533 90,533
011 JOINT AIR GROUND 49,386 49,386
MISSILE (JAGM).
014 AERIAL TARGETS....... 174,336 174,336
015 DRONES AND DECOYS.... 41,256 41,256
016 OTHER MISSILE SUPPORT 3,501 3,501
017 LRASM................ 168,845 168,845
018 LCS OTH MISSILE...... 32,910 32,910
MODIFICATION OF
MISSILES
019 TOMAHAWK MODS........ 164,915 164,915
020 ESSM................. 215,375 206,475
Excessive [-8,900]
production
support growth.
022 HARM MODS............ 147,572 147,572
023 STANDARD MISSILES 83,654 17,254
MODS.
SM-2 Blk IIC [-66,400]
excessive
concurrency.
SUPPORT EQUIPMENT &
FACILITIES
024 WEAPONS INDUSTRIAL 1,996 1,996
FACILITIES.
025 FLEET SATELLITE COMM 53,401 53,401
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 215,659 215,659
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
028 SSTD................. 5,811 5,811
029 MK-48 TORPEDO........ 284,901 284,901
030 ASW TARGETS.......... 13,833 13,833
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS... 110,286 110,286
032 MK-48 TORPEDO ADCAP 57,214 57,214
MODS.
033 MARITIME MINES....... 5,832 5,832
SUPPORT EQUIPMENT
034 TORPEDO SUPPORT 97,581 97,581
EQUIPMENT.
035 ASW RANGE SUPPORT.... 4,159 4,159
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 4,106 4,106
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND 16,030 16,030
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
038 CIWS MODS............ 37,147 37,147
039 COAST GUARD WEAPONS.. 45,804 45,804
040 GUN MOUNT MODS....... 74,427 74,427
041 LCS MODULE WEAPONS... 4,253 4,253
042 AIRBORNE MINE 6,662 6,662
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
045 SPARES AND REPAIR 159,578 159,578
PARTS.
TOTAL WEAPONS 4,884,995 4,809,695
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 41,496 41,496
002 JDAM................. 64,631 64,631
003 AIRBORNE ROCKETS, ALL 60,719 60,719
TYPES.
004 MACHINE GUN 11,158 11,158
AMMUNITION.
005 PRACTICE BOMBS....... 51,409 51,409
006 CARTRIDGES & CART 64,694 64,694
ACTUATED DEVICES.
007 AIR EXPENDABLE 51,523 51,523
COUNTERMEASURES.
008 JATOS................ 6,761 6,761
009 5 INCH/54 GUN 31,517 31,517
AMMUNITION.
010 INTERMEDIATE CALIBER 38,005 38,005
GUN AMMUNITION.
011 OTHER SHIP GUN 40,626 40,626
AMMUNITION.
012 SMALL ARMS & LANDING 48,202 48,202
PARTY AMMO.
013 PYROTECHNIC AND 9,766 9,766
DEMOLITION.
015 AMMUNITION LESS THAN 2,115 2,115
$5 MILLION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 46,781 46,781
017 DIRECT SUPPORT 119,504 79,662
MUNITIONS.
USMC identified [-39,842]
funds excess to
need.
018 INFANTRY WEAPONS 83,220 83,220
AMMUNITION.
019 COMBAT SUPPORT 32,650 32,650
MUNITIONS.
020 AMMO MODERNIZATION... 15,144 15,144
021 ARTILLERY MUNITIONS.. 59,539 59,539
022 ITEMS LESS THAN $5 4,142 4,142
MILLION.
TOTAL 883,602 843,760
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 2,891,475 2,891,475
SUBMARINE.
002 OHIO REPLACEMENT 1,123,175 1,123,175
SUBMARINE AP.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 997,544 907,544
PROGRAM.
Full funding [-90,000]
early to need.
004 CVN-81............... 1,645,606 1,465,606
Full funding [-180,000]
early to need.
005 VIRGINIA CLASS 2,334,693 4,630,693
SUBMARINE.
Restore second [2,296,000]
Virginia-class
SSN.
006 VIRGINIA CLASS 1,901,187 2,173,187
SUBMARINE.
Restore second [272,000]
Virginia-class
SSN.
007 CVN REFUELING 1,878,453 1,878,453
OVERHAULS.
008 CVN REFUELING 17,384 17,384
OVERHAULS AP.
009 DDG 1000............. 78,205 78,205
010 DDG-51............... 3,040,270 3,040,270
011 DDG-51 AP............ 29,297 29,297
013 FFG-FRIGATE.......... 1,053,123 954,523
Anticipated [-98,600]
learning curve.
AMPHIBIOUS SHIPS
014 LPD FLIGHT II........ 1,155,801 1,118,101
Excessive unit [-37,700]
cost growth.
019 EXPEDITIONARY FAST 260,000
TRANSPORT (EPF).
One additional [260,000]
ship.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
022 TOWING, SALVAGE, AND 168,209 168,209
RESCUE SHIP (ATS).
023 LCU 1700............. 87,395 87,395
024 OUTFITTING........... 825,586 825,586
026 SERVICE CRAFT........ 249,781 249,781
027 LCAC SLEP............ 56,461 56,461
028 COMPLETION OF PY 369,112 369,112
SHIPBUILDING
PROGRAMS.
TOTAL 19,902,757 22,324,457
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 11,738 11,738
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 58,497 58,497
HM&E.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 74,084 74,084
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 204,806 204,806
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 547,569 531,169
Excessive CSSQT [-16,400]
cost growth.
006 FIREFIGHTING 18,394 18,394
EQUIPMENT.
007 COMMAND AND CONTROL 2,374 2,374
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 78,265 78,265
009 POLLUTION CONTROL 23,035 23,035
EQUIPMENT.
010 SUBMARINE SUPPORT 64,632 60,132
EQUIPMENT.
Excess cost [-4,500]
growth.
011 VIRGINIA CLASS 22,868 22,868
SUPPORT EQUIPMENT.
012 LCS CLASS SUPPORT 3,976 3,976
EQUIPMENT.
013 SUBMARINE BATTERIES.. 31,322 31,322
014 LPD CLASS SUPPORT 50,475 55,475
EQUIPMENT.
Electronic [5,000]
actuator pilot
program.
015 DDG 1000 CLASS 42,279 36,779
SUPPORT EQUIPMENT.
Excess cost [-5,500]
growth.
016 STRATEGIC PLATFORM 15,429 15,429
SUPPORT EQUIP.
017 DSSP EQUIPMENT....... 2,918 2,918
018 CG MODERNIZATION..... 87,978 87,978
019 LCAC................. 9,366 9,366
020 UNDERWATER EOD 16,842 16,842
EQUIPMENT.
021 ITEMS LESS THAN $5 105,715 95,715
MILLION.
Cost growth...... [-10,000]
022 CHEMICAL WARFARE 3,044 3,044
DETECTORS.
023 SUBMARINE LIFE 5,885 5,885
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
024 SHIP MAINTENANCE, 1,260,721 400,621
REPAIR AND
MODERNIZATION.
LCS in-service [-12,100]
modernization
excess cost
growth.
Realignment to [-198,000]
OPN-24A for
Shipyard
Infrastructure
Optimization Plan.
Transfer to O&M [-650,000]
for ship depot
maintenance.
024A SHIPYARD 198,000
INFRASTRUCTURE
OPTIMIZATION PLAN.
Realignment from [198,000]
OPN-24 for
Shipyard
Infrastructure
Optimization Plan.
025 REACTOR POWER UNITS.. 5,305 5,305
026 REACTOR COMPONENTS... 415,404 415,404
OCEAN ENGINEERING
027 DIVING AND SALVAGE 11,143 11,143
EQUIPMENT.
SMALL BOATS
028 STANDARD BOATS....... 52,371 52,371
PRODUCTION FACILITIES
EQUIPMENT
029 OPERATING FORCES IPE. 233,667 233,667
OTHER SHIP SUPPORT
030 LCS COMMON MISSION 39,714 39,714
MODULES EQUIPMENT.
031 LCS MCM MISSION 218,822 167,922
MODULES.
COBRA early to [-9,300]
need.
Program Decrease. [-41,600]
032 LCS ASW MISSION 61,759 61,759
MODULES.
033 LCS SUW MISSION 24,412 24,412
MODULES.
034 LCS IN-SERVICE 121,848 151,848
MODERNIZATION.
Preservation of [30,000]
LCS 3 and LCS 4.
035 SMALL & MEDIUM UUV... 67,709 43,709
Early to need [-24,000]
based on IOTE
schedule.
SHIP SONARS
037 SPQ-9B RADAR......... 27,517 27,517
038 AN/SQQ-89 SURF ASW 128,664 128,664
COMBAT SYSTEM.
039 SSN ACOUSTIC 374,737 374,737
EQUIPMENT.
040 UNDERSEA WARFARE 9,286 9,286
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
041 SUBMARINE ACOUSTIC 26,066 26,066
WARFARE SYSTEM.
042 SSTD................. 13,241 13,241
043 FIXED SURVEILLANCE 193,446 193,446
SYSTEM.
044 SURTASS.............. 63,838 63,838
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32............ 387,195 387,195
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 235,744 223,644
Excess cost [-12,100]
growth.
047 AUTOMATED 3,862 3,862
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
048 COOPERATIVE 26,006 26,006
ENGAGEMENT
CAPABILITY.
049 NAVAL TACTICAL 15,385 15,385
COMMAND SUPPORT
SYSTEM (NTCSS).
050 ATDLS................ 103,835 103,835
051 NAVY COMMAND AND 3,594 3,594
CONTROL SYSTEM
(NCCS).
052 MINESWEEPING SYSTEM 15,744 15,744
REPLACEMENT.
053 SHALLOW WATER MCM.... 5,493 5,493
054 NAVSTAR GPS RECEIVERS 38,043 38,043
(SPACE).
055 AMERICAN FORCES RADIO 2,592 2,592
AND TV SERVICE.
056 STRATEGIC PLATFORM 7,985 7,985
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
057 ASHORE ATC EQUIPMENT. 83,475 83,475
058 AFLOAT ATC EQUIPMENT. 65,113 65,113
059 ID SYSTEMS........... 23,815 23,815
060 JOINT PRECISION 100,751 100,751
APPROACH AND LANDING
SYSTEM (.
061 NAVAL MISSION 13,947 13,947
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
062 MARITIME INTEGRATED 1,375 1,375
BROADCAST SYSTEM.
063 TACTICAL/MOBILE C4I 22,771 22,771
SYSTEMS.
064 DCGS-N............... 18,872 18,872
065 CANES................ 389,585 389,585
066 RADIAC............... 10,335 10,335
067 CANES-INTELL......... 48,654 48,654
068 GPETE................ 8,133 8,133
069 MASF................. 4,150 4,150
070 INTEG COMBAT SYSTEM 5,934 5,934
TEST FACILITY.
071 EMI CONTROL 4,334 4,334
INSTRUMENTATION.
072 ITEMS LESS THAN $5 159,815 159,815
MILLION.
SHIPBOARD
COMMUNICATIONS
073 SHIPBOARD TACTICAL 56,106 56,106
COMMUNICATIONS.
074 SHIP COMMUNICATIONS 124,288 124,288
AUTOMATION.
075 COMMUNICATIONS ITEMS 45,120 45,120
UNDER $5M.
SUBMARINE
COMMUNICATIONS
076 SUBMARINE BROADCAST 31,133 31,133
SUPPORT.
077 SUBMARINE 62,214 62,214
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
078 SATELLITE 47,421 47,421
COMMUNICATIONS
SYSTEMS.
079 NAVY MULTIBAND 64,552 64,552
TERMINAL (NMT).
SHORE COMMUNICATIONS
080 JOINT COMMUNICATIONS 4,398 4,398
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
081 INFO SYSTEMS SECURITY 157,551 147,551
PROGRAM (ISSP).
Program decrease. [-10,000]
082 MIO INTEL 985 985
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
083 CRYPTOLOGIC 15,906 15,906
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
090 COAST GUARD EQUIPMENT 70,689 70,689
SONOBUOYS
092 SONOBUOYS--ALL TYPES. 237,639 286,639
Inventory [49,000]
increase.
AIRCRAFT SUPPORT
EQUIPMENT
093 MINOTAUR............. 5,077 5,077
094 WEAPONS RANGE SUPPORT 83,969 83,969
EQUIPMENT.
095 AIRCRAFT SUPPORT 187,758 187,758
EQUIPMENT.
096 ADVANCED ARRESTING 16,059 16,059
GEAR (AAG).
097 METEOROLOGICAL 15,192 15,192
EQUIPMENT.
099 LEGACY AIRBORNE MCM.. 6,674 6,674
100 LAMPS EQUIPMENT...... 1,189 1,189
101 AVIATION SUPPORT 58,873 58,873
EQUIPMENT.
102 UMCS-UNMAN CARRIER 60,937 60,937
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
103 SHIP GUN SYSTEMS 5,540 5,540
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
104 HARPOON SUPPORT 208 208
EQUIPMENT.
105 SHIP MISSILE SUPPORT 262,077 252,077
EQUIPMENT.
Excess cost [-10,000]
growth.
106 TOMAHAWK SUPPORT 84,087 76,087
EQUIPMENT.
TMPC cost growth. [-8,000]
FBM SUPPORT EQUIPMENT
107 STRATEGIC MISSILE 258,910 258,910
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
108 SSN COMBAT CONTROL 173,770 173,770
SYSTEMS.
109 ASW SUPPORT EQUIPMENT 26,584 26,584
OTHER ORDNANCE
SUPPORT EQUIPMENT
110 EXPLOSIVE ORDNANCE 7,470 7,470
DISPOSAL EQUIP.
111 ITEMS LESS THAN $5 6,356 6,356
MILLION.
OTHER EXPENDABLE
ORDNANCE
112 ANTI-SHIP MISSILE 86,356 86,356
DECOY SYSTEM.
113 SUBMARINE TRAINING 69,240 69,240
DEVICE MODS.
114 SURFACE TRAINING 192,245 192,245
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
115 PASSENGER CARRYING 6,123 6,123
VEHICLES.
116 GENERAL PURPOSE 2,693 2,693
TRUCKS.
117 CONSTRUCTION & 47,301 47,301
MAINTENANCE EQUIP.
118 FIRE FIGHTING 10,352 10,352
EQUIPMENT.
119 TACTICAL VEHICLES.... 31,475 31,475
121 POLLUTION CONTROL 2,630 2,630
EQUIPMENT.
122 ITEMS LESS THAN $5 47,972 47,972
MILLION.
123 PHYSICAL SECURITY 1,171 1,171
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
124 SUPPLY EQUIPMENT..... 19,693 19,693
125 FIRST DESTINATION 4,956 4,956
TRANSPORTATION.
126 SPECIAL PURPOSE 668,639 638,639
SUPPLY SYSTEMS.
Program decrease. [-30,000]
TRAINING DEVICES
127 TRAINING SUPPORT 4,026 4,026
EQUIPMENT.
128 TRAINING AND 73,454 73,454
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
129 COMMAND SUPPORT 32,390 32,390
EQUIPMENT.
130 MEDICAL SUPPORT 974 974
EQUIPMENT.
132 NAVAL MIP SUPPORT 5,606 5,606
EQUIPMENT.
133 OPERATING FORCES 16,024 16,024
SUPPORT EQUIPMENT.
134 C4ISR EQUIPMENT...... 6,697 6,697
135 ENVIRONMENTAL SUPPORT 27,503 27,503
EQUIPMENT.
136 PHYSICAL SECURITY 138,281 138,281
EQUIPMENT.
137 ENTERPRISE 42,680 42,680
INFORMATION
TECHNOLOGY.
OTHER
140 NEXT GENERATION 184,443 184,443
ENTERPRISE SERVICE.
141 CYBERSPACE ACTIVITIES 16,523 16,523
CLASSIFIED PROGRAMS
41A CLASSIFIED PROGRAMS.. 18,446 18,446
SPARES AND REPAIR
PARTS
142 SPARES AND REPAIR 374,195 421,195
PARTS.
SPY-1 battle [47,000]
spare.
TOTAL OTHER 10,948,518 10,236,018
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 87,476 87,476
002 AMPHIBIOUS COMBAT 478,874 478,874
VEHICLE FAMILY OF
VEHICLES.
003 LAV PIP.............. 41,988 41,988
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 59 59
TOWED HOWITZER.
005 ARTILLERY WEAPONS 174,687 234,337
SYSTEM.
Ground Based Anti- [59,650]
Ship Missiles--
USMC UPL.
006 WEAPONS AND COMBAT 24,867 24,867
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 3,067 0
USMC funds [-3,067]
identified excess
to need.
GUIDED MISSILES
008 GROUND BASED AIR 18,920 18,920
DEFENSE.
009 ANTI-ARMOR MISSILE- 19,888 19,888
JAVELIN.
010 FAMILY ANTI-ARMOR 21,891 21,891
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 34,985 34,985
TOW.
012 GUIDED MLRS ROCKET 133,689 133,689
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 35,057 35,057
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 24,405 24,405
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 1,006 1,006
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 69,725 69,725
MILLION (COMM &
ELEC).
017 AIR OPERATIONS C2 15,611 15,611
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 284,283 284,283
ORIENTED RADAR (G/
ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 1,587 1,587
021 FIRE SUPPORT SYSTEM.. 24,934 24,934
022 INTELLIGENCE SUPPORT 50,728 50,728
EQUIPMENT.
024 UNMANNED AIR SYSTEMS 24,853 24,853
(INTEL).
025 DCGS-MC.............. 38,260 38,260
026 UAS PAYLOADS......... 5,489 5,489
OTHER SUPPORT (NON-
TEL)
029 NEXT GENERATION 78,922 78,922
ENTERPRISE NETWORK
(NGEN).
030 COMMON COMPUTER 35,349 35,349
RESOURCES.
031 COMMAND POST SYSTEMS. 33,713 33,713
032 RADIO SYSTEMS........ 343,250 343,250
033 COMM SWITCHING & 40,627 40,627
CONTROL SYSTEMS.
034 COMM & ELEC 43,782 43,782
INFRASTRUCTURE
SUPPORT.
035 CYBERSPACE ACTIVITIES 53,896 53,896
CLASSIFIED PROGRAMS
36A CLASSIFIED PROGRAMS.. 3,797 3,797
ADMINISTRATIVE
VEHICLES
037 COMMERCIAL CARGO 22,460 22,460
VEHICLES.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 10,739 10,739
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 381,675 381,675
VEHICLE.
040 FAMILY OF TACTICAL 2,963 2,963
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
042 ENVIRONMENTAL CONTROL 385 385
EQUIP ASSORT.
043 TACTICAL FUEL SYSTEMS 501 501
044 POWER EQUIPMENT 23,430 23,430
ASSORTED.
045 AMPHIBIOUS SUPPORT 5,752 5,752
EQUIPMENT.
046 EOD SYSTEMS.......... 20,939 20,939
MATERIALS HANDLING
EQUIPMENT
047 PHYSICAL SECURITY 23,063 23,063
EQUIPMENT.
GENERAL PROPERTY
048 FIELD MEDICAL 4,187 4,187
EQUIPMENT.
049 TRAINING DEVICES..... 101,765 101,765
050 FAMILY OF 19,305 19,305
CONSTRUCTION
EQUIPMENT.
051 ULTRA-LIGHT TACTICAL 678 678
VEHICLE (ULTV).
OTHER SUPPORT
052 ITEMS LESS THAN $5 9,174 9,174
MILLION.
SPARES AND REPAIR
PARTS
053 SPARES AND REPAIR 27,295 27,295
PARTS.
TOTAL 2,903,976 2,960,559
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,567,018 4,236,018
Excess depot [-22,000]
standup funding.
Excess [-156,000]
miscellaneous
support costs.
Excess production [-10,000]
engineering
support.
F135 [-48,000]
affordability
challenges.
Lot 15 target [-75,000]
cost savings.
Unjustified ALIS [-20,000]
funding.
002 F-35 AP.............. 610,800 610,800
004 F-15EX............... 1,269,847 1,269,847
005 F-15EX AP............ 133,500 133,500
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,850,151 2,189,151
Decrease quantity [-462,000]
by three aircraft.
Prior year [-119,000]
carryover.
Spares excess to [-40,000]
need due to
quantity decrease.
Wing Air [-40,000]
Refueling Pods
early to need.
OTHER AIRLIFT
008 C-130J............... 37,131 37,131
010 MC-130J.............. 362,807 241,807
Prior year [-121,000]
carryover.
011 MC-130J AP........... 39,987 29,987
FY22 quantity [-10,000]
reduction.
HELICOPTERS
012 UH-1N REPLACEMENT.... 194,016 194,016
013 COMBAT RESCUE 973,473 973,473
HELICOPTER.
MISSION SUPPORT
AIRCRAFT
015 CIVIL AIR PATROL A/C. 2,811 11,211
Program Increase. [8,400]
OTHER AIRCRAFT
016 TARGET DRONES........ 133,273 133,273
018 COMPASS CALL......... 161,117 291,117
Program increase. [130,000]
020 MQ-9................. 29,409 120,209
Program increase. [108,000]
Unjustified [-17,200]
request.
STRATEGIC AIRCRAFT
022 B-1.................. 3,853 3,853
023 B-2A................. 31,476 31,476
024 B-1B................. 21,808 1,808
Slow [-20,000]
modernization
execution.
025 B-52................. 53,949 22,249
GPS IU early to [-28,700]
need.
Tactical data [-3,000]
link contract
delay.
025A LONG-RANGE STRIKE 20,000
BOMBER ADVANCED
PROCUREMENT.
Advanced [20,000]
procurement.
026 LARGE AIRCRAFT 9,999 9,999
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
027 A-10................. 135,793 135,793
028 E-11 BACN/HAG........ 33,645 33,645
029 F-15................. 349,304 349,304
030 F-16................. 615,760 615,760
032 F-22A................ 387,905 361,705
Contract delays.. [-26,200]
033 F-35 MODIFICATIONS... 322,185 290,485
Block IV/TR3 [-31,700]
delays.
034 F-15 EPAW............ 31,995 27,195
Concurrency...... [-4,800]
035 INCREMENT 3.2B....... 5,889 5,889
036 KC-46A MDAP.......... 24,085 9,085
Excessive [-15,000]
airworthiness
directives and
service bulletins.
AIRLIFT AIRCRAFT
037 C-5.................. 62,108 50,008
Unjustified PMA [-12,100]
cost growth.
038 C-17A................ 66,798 56,798
BLOS ahead of [-10,000]
need.
040 C-32A................ 2,947 2,947
041 C-37A................ 12,985 5,985
SATCOM installs [-7,000]
ahead of need.
TRAINER AIRCRAFT
042 GLIDER MODS.......... 977 977
043 T-6.................. 26,829 26,829
044 T-1.................. 4,465 4,465
045 T-38................. 36,806 41,806
T-38 ejection [5,000]
seat improvements.
OTHER AIRCRAFT
046 U-2 MODS............. 110,618 110,618
047 KC-10A (ATCA)........ 117 117
049 VC-25A MOD........... 1,983 1,983
050 C-40................. 9,252 7,252
SATCOM installs [-2,000]
ahead of need.
051 C-130................ 5,871 140,671
AMP 1 excess to [-3,800]
need.
Eight-bladed [55,000]
propeller upgrade
kits only.
Improved modular [4,600]
airborne fire
fighting system
(iMAFFS).
T-56 3.5 engine [79,000]
mod.
052 C-130J MODS.......... 140,032 140,032
053 C-135................ 88,250 86,450
Other government [-1,800]
cost growth.
055 COMPASS CALL......... 193,389 193,389
057 RC-135............... 191,332 191,332
058 E-3.................. 172,141 172,141
059 E-4.................. 58,803 58,803
060 E-8.................. 11,037 38,037
Program increase. [27,000]
061 AIRBORNE WARNING AND 53,343 53,343
CNTRL SYS (AWACS) 40/
45.
062 FAMILY OF BEYOND LINE- 1,573 1,573
OF-SIGHT TERMINALS.
063 H-1.................. 4,410 4,410
064 H-60................. 44,538 44,538
065 RQ-4 MODS............ 40,468 40,468
066 HC/MC-130 20,780 20,780
MODIFICATIONS.
067 OTHER AIRCRAFT....... 100,774 100,774
068 MQ-9 MODS............ 188,387 188,387
070 CV-22 MODS........... 122,306 328,506
SOCOM UPL........ [206,200]
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 926,683 915,383
PARTS.
Unobligated [-11,300]
balances--F-16s.
COMMON SUPPORT
EQUIPMENT
073 AIRCRAFT REPLACEMENT 132,719 132,719
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
074 B-2A................. 1,683 1,683
075 B-2B................. 46,734 46,734
076 B-52................. 1,034 1,034
079 E-11 BACN/HAG........ 63,419 63,419
080 F-15................. 2,632 2,632
081 F-16................. 14,163 14,163
083 OTHER AIRCRAFT....... 4,595 4,595
084 RQ-4 POST PRODUCTION 32,585 32,585
CHARGES.
INDUSTRIAL
PREPAREDNESS
085 INDUSTRIAL 18,215 18,215
RESPONSIVENESS.
WAR CONSUMABLES
086 WAR CONSUMABLES...... 36,046 36,046
OTHER PRODUCTION
CHARGES
087 OTHER PRODUCTION 1,439,640 1,439,640
CHARGES.
CLASSIFIED PROGRAMS
89A CLASSIFIED PROGRAMS.. 21,692 21,692
TOTAL AIRCRAFT 17,908,145 17,233,745
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 75,012 75,012
EQ-BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 4,495 4,495
CONSUMABLES.
004 JOINT AIR-SURFACE 475,949 475,949
STANDOFF MISSILE.
005 LRASM0............... 19,800 19,800
006 SIDEWINDER (AIM-9X).. 164,769 164,769
007 AMRAAM............... 453,223 453,223
008 PREDATOR HELLFIRE 40,129 40,129
MISSILE.
009 SMALL DIAMETER BOMB.. 45,475 45,475
010 SMALL DIAMETER BOMB 273,272 273,272
II.
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/ 814 814
POL PREVENTION.
CLASS IV
013 ICBM FUZE MOD........ 3,458 3,458
014 ICBM FUZE MOD AP..... 43,450 43,450
015 MM III MODIFICATIONS. 85,310 85,310
016 AGM-65D MAVERICK..... 298 298
017 AIR LAUNCH CRUISE 52,924 52,924
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 9,402 9,402
(INITIAL).
019 MSL SPRS/REPAIR PARTS 84,671 84,671
(REPLEN).
SPECIAL PROGRAMS
025 SPECIAL UPDATE 23,501 23,501
PROGRAMS.
CLASSIFIED PROGRAMS
25A CLASSIFIED PROGRAMS.. 540,465 540,465
TOTAL MISSILE 2,396,417 2,396,417
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 14,962 14,962
CARTRIDGES
002 CARTRIDGES........... 123,365 123,365
BOMBS
003 PRACTICE BOMBS....... 59,725 59,725
006 JOINT DIRECT ATTACK 206,989 206,989
MUNITION.
007 B61.................. 35,634 35,634
OTHER ITEMS
009 CAD/PAD.............. 47,830 47,830
010 EXPLOSIVE ORDNANCE 6,232 6,232
DISPOSAL (EOD).
011 SPARES AND REPAIR 542 542
PARTS.
012 MODIFICATIONS........ 1,310 1,310
013 ITEMS LESS THAN 4,753 4,753
$5,000,000.
FLARES
015 FLARES............... 40,088 40,088
FUZES
016 FUZES................ 40,983 40,983
SMALL ARMS
017 SMALL ARMS........... 13,925 13,925
TOTAL 596,338 596,338
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
001 ADVANCED EHF......... 14,823 14,823
002 AF SATELLITE COMM 48,326 43,326
SYSTEM.
Insufficient [-5,000]
justification.
003 COUNTERSPACE SYSTEMS. 65,540 57,540
Insufficient [-8,000]
justification.
004 FAMILY OF BEYOND LINE- 66,190 66,190
OF-SIGHT TERMINALS.
005 GENERAL INFORMATION 3,299 3,299
TECH--SPACE.
006 GPSIII FOLLOW ON..... 627,796 612,796
Unjustified [-15,000]
growth.
007 GPS III SPACE SEGMENT 20,122 20,122
008 GLOBAL POSTIONING 2,256 2,256
(SPACE).
009 SPACEBORNE EQUIP 35,495 35,495
(COMSEC).
010 MILSATCOM............ 15,795 15,795
011 SBIR HIGH (SPACE).... 160,891 160,891
012 SPECIAL SPACE 78,387 78,387
ACTIVITIES.
013 NATIONAL SECURITY 1,043,171 1,043,171
SPACE LAUNCH.
014 NUDET DETECTION 6,638 6,638
SYSTEM.
015 ROCKET SYSTEMS LAUNCH 47,741 47,741
PROGRAM.
016 SPACE FENCE.......... 11,279 11,279
017 SPACE MODS........... 96,551 86,551
Insufficient [-10,000]
justification.
018 SPACELIFT RANGE 100,492 100,492
SYSTEM SPACE.
SPARES
019 SPARES AND REPAIR 1,272 1,272
PARTS.
TOTAL 2,446,064 2,408,064
PROCUREMENT,
SPACE FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 9,016 9,016
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 15,058 15,058
VEHICLE.
003 CAP VEHICLES......... 1,059 1,800
Program increase. [741]
004 CARGO AND UTILITY 38,920 38,920
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 30,544 30,544
VEHICLE.
006 SECURITY AND TACTICAL 319 319
VEHICLES.
007 SPECIAL PURPOSE 43,157 34,381
VEHICLES.
Program decrease. [-2,500]
Unjustified [-6,276]
request.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 8,621 8,621
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 12,897 12,897
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 3,577 3,577
CLEANING EQU.
011 BASE MAINTENANCE 43,095 43,095
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 54,864 54,864
INTELLIGENCE PROGRAMS
014 INTERNATIONAL INTEL 9,283 9,283
TECH & ARCHITECTURES.
015 INTELLIGENCE TRAINING 6,849 6,849
EQUIPMENT.
016 INTELLIGENCE COMM 33,471 33,471
EQUIPMENT.
ELECTRONICS PROGRAMS
017 AIR TRAFFIC CONTROL & 29,409 29,409
LANDING SYS.
018 BATTLE CONTROL 7,909 7,909
SYSTEM--FIXED.
019 THEATER AIR CONTROL 32,632 32,632
SYS IMPROVEMEN.
020 WEATHER OBSERVATION 33,021 33,021
FORECAST.
021 STRATEGIC COMMAND AND 31,353 31,353
CONTROL.
022 CHEYENNE MOUNTAIN 10,314 10,314
COMPLEX.
023 MISSION PLANNING 15,132 15,132
SYSTEMS.
025 INTEGRATED STRAT PLAN 9,806 9,806
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 39,887 39,887
TECHNOLOGY.
027 AF GLOBAL COMMAND & 2,602 2,602
CONTROL SYS.
029 MOBILITY COMMAND AND 10,541 10,541
CONTROL.
030 AIR FORCE PHYSICAL 96,277 93,777
SECURITY SYSTEM.
Program decrease. [-2,500]
031 COMBAT TRAINING 195,185 195,185
RANGES.
032 MINIMUM ESSENTIAL 29,664 29,664
EMERGENCY COMM N.
033 WIDE AREA 59,633 59,633
SURVEILLANCE (WAS).
034 C3 COUNTERMEASURES... 105,584 105,584
036 DEFENSE ENTERPRISE 899 899
ACCOUNTING & MGT SYS.
038 THEATER BATTLE MGT C2 3,392 3,392
SYSTEM.
039 AIR & SPACE 24,983 24,983
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
041 BASE INFORMATION 19,147 19,147
TRANSPT INFRAST
(BITI) WIRED.
042 AFNET................ 84,515 84,515
043 JOINT COMMUNICATIONS 6,185 6,185
SUPPORT ELEMENT
(JCSE).
044 USCENTCOM............ 19,649 19,649
045 USSTRATCOM........... 4,337 4,337
ORGANIZATION AND BASE
046 TACTICAL C-E 137,033 137,033
EQUIPMENT.
047 RADIO EQUIPMENT...... 15,264 15,264
049 BASE COMM 132,281 132,281
INFRASTRUCTURE.
MODIFICATIONS
050 COMM ELECT MODS...... 21,471 21,471
PERSONAL SAFETY &
RESCUE EQUIP
051 PERSONAL SAFETY AND 49,578 49,578
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
052 POWER CONDITIONING 11,454 11,454
EQUIPMENT.
053 MECHANIZED MATERIAL 12,110 12,110
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
054 BASE PROCURED 21,142 21,142
EQUIPMENT.
055 ENGINEERING AND EOD 7,700 7,700
EQUIPMENT.
056 MOBILITY EQUIPMENT... 18,266 22,966
Program increase. [4,700]
057 FUELS SUPPORT 9,601 9,601
EQUIPMENT (FSE).
058 BASE MAINTENANCE AND 42,078 30,378
SUPPORT EQUIPMENT.
Program decrease. [-4,700]
Unjustified [-7,000]
request.
SPECIAL SUPPORT
PROJECTS
060 DARP RC135........... 27,164 27,164
061 DCGS-AF.............. 121,528 121,528
063 SPECIAL UPDATE 782,641 782,641
PROGRAM.
CLASSIFIED PROGRAMS
63A CLASSIFIED PROGRAMS.. 21,086,112 21,026,112
Program [-60,000]
adjustment.
SPARES AND REPAIR
PARTS
064 SPARES AND REPAIR 1,664 1,664
PARTS (CYBER).
065 SPARES AND REPAIR 15,847 15,847
PARTS.
TOTAL OTHER 23,695,720 23,618,185
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
026 MAJOR EQUIPMENT, DPAA 500 500
049 MAJOR EQUIPMENT, OSD. 3,099 3,099
MAJOR EQUIPMENT, NSA
048 INFORMATION SYSTEMS 101 101
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
053 MAJOR EQUIPMENT, WHS. 515 515
MAJOR EQUIPMENT, DISA
011 INFORMATION SYSTEMS 17,211 17,211
SECURITY.
012 TELEPORT PROGRAM..... 29,841 29,841
013 JOINT FORCES 3,091 3,091
HEADQUARTERS--DODIN.
014 ITEMS LESS THAN $5 41,569 41,569
MILLION.
016 DEFENSE INFORMATION 26,978 26,978
SYSTEM NETWORK.
017 WHITE HOUSE 44,161 44,161
COMMUNICATION AGENCY.
018 SENIOR LEADERSHIP 35,935 35,935
ENTERPRISE.
019 JOINT REGIONAL 88,741 8,741
SECURITY STACKS
(JRSS).
Program decrease. [-80,000]
020 JOINT SERVICE 157,538 157,538
PROVIDER.
021 FOURTH ESTATE NETWORK 42,084 42,084
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
023 MAJOR EQUIPMENT...... 417,459 417,459
MAJOR EQUIPMENT, DCSA
003 MAJOR EQUIPMENT...... 2,212 2,212
MAJOR EQUIPMENT, TJS
050 MAJOR EQUIPMENT, TJS. 8,329 8,329
051 MAJOR EQUIPMENT--TJS 1,247 1,247
CYBER.
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
031 THAAD................ 495,396 601,396
THAAD battery #8. [106,000]
034 AEGIS BMD............ 356,195 356,195
035 AEGIS BMD AP......... 44,901 44,901
037 SM-3 IIAS............ 218,322 333,322
Increase SM-3 [115,000]
Block IIA
quantities.
038 ARROW 3 UPPER TIER 77,000 77,000
SYSTEMS.
039 SHORT RANGE BALLISTIC 50,000 50,000
MISSILE DEFENSE
(SRBMD).
040 AEGIS ASHORE PHASE 39,114 39,114
III.
041 IRON DOME............ 73,000 73,000
042 AEGIS BMD HARDWARE 104,241 104,241
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
005 PERSONNEL 4,213 4,213
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
028 VEHICLES............. 215 215
029 OTHER MAJOR EQUIPMENT 9,994 9,994
MAJOR EQUIPMENT,
DEFENSE SECURITY
COOPERATION AGENCY
027 REGIONAL CENTER 1,598 1,598
PROCUREMENT.
MAJOR EQUIPMENT,
DODEA
025 AUTOMATION/ 1,319 1,319
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 1,398 1,398
MAJOR EQUIPMENT,
DMACT
024 MAJOR EQUIPMENT...... 7,993 7,993
CLASSIFIED PROGRAMS
54A CLASSIFIED PROGRAMS.. 554,264 554,264
AVIATION PROGRAMS
055 ARMED OVERWATCH/ 101,000 53,000
TARGETING.
Program decrease. [-80,000]
U.S. Special [32,000]
Operations
Command Armed
Overwatch program.
059 ROTARY WING UPGRADES 211,041 211,041
AND SUSTAINMENT.
060 UNMANNED ISR......... 25,488 20,488
Program decrease. [-5,000]
061 NON-STANDARD AVIATION 61,874 56,874
Program decrease. [-5,000]
062 U-28................. 3,825 3,825
063 MH-47 CHINOOK........ 135,482 135,482
064 CV-22 MODIFICATION... 14,829 14,829
065 MQ-9 UNMANNED AERIAL 6,746 6,746
VEHICLE.
066 PRECISION STRIKE 243,111 238,111
PACKAGE.
Program decrease. [-5,000]
067 AC/MC-130J........... 163,914 163,914
068 C-130 MODIFICATIONS.. 20,414 20,414
SHIPBUILDING
069 UNDERWATER SYSTEMS... 20,556 20,556
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M.. 186,197 186,197
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 94,982 94,982
072 DISTRIBUTED COMMON 11,645 11,645
GROUND/SURFACE
SYSTEMS.
073 OTHER ITEMS <$5M..... 96,333 96,333
074 COMBATANT CRAFT 17,278 17,278
SYSTEMS.
075 SPECIAL PROGRAMS..... 78,865 71,365
Program decrease. [-7,500]
076 TACTICAL VEHICLES.... 30,158 30,158
077 WARRIOR SYSTEMS <$5M. 260,733 260,733
078 COMBAT MISSION 19,848 19,848
REQUIREMENTS.
079 GLOBAL VIDEO 2,401 2,401
SURVEILLANCE
ACTIVITIES.
080 OPERATIONAL 13,861 8,861
ENHANCEMENTS
INTELLIGENCE.
Program decrease. [-5,000]
081 OPERATIONAL 247,038 242,038
ENHANCEMENTS.
Program decrease. [-5,000]
CBDP
082 CHEMICAL BIOLOGICAL 147,150 147,150
SITUATIONAL
AWARENESS.
083 CB PROTECTION & 149,944 149,944
HAZARD MITIGATION.
TOTAL 5,324,487 5,384,987
PROCUREMENT,
DEFENSE-WIDE.
TOTAL 130,684,160 132,844,847
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
ROTARY
009 AH-64 APACHE BLOCK 69,154 64,354
IIIB NEW BUILD.
Unjustified costs [-4,800]
014 CH-47 HELICOPTER..... 50,472 50,472
MODIFICATION OF
AIRCRAFT
017 MQ-1 PAYLOAD (MIP)... 5,968 5,968
020 MULTI SENSOR ABN 122,520 122,520
RECON (MIP).
025 EMARSS SEMA MODS 26,460 26,460
(MIP).
030 DEGRADED VISUAL 1,916 1,916
ENVIRONMENT.
GROUND SUPPORT
AVIONICS
037 CMWS................. 149,162 149,162
038 COMMON INFRARED 32,400 32,400
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
041 AIRCREW INTEGRATED 3,028 3,028
SYSTEMS.
TOTAL AIRCRAFT 461,080 456,280
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 158,300 158,300
003 MSE MISSILE.......... 176,585 176,585
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 236,265 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
011 GUIDED MLRS ROCKET 127,015 127,015
(GMLRS).
015 LETHAL MINIATURE 84,993 84,993
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
017 ATACMS MODS.......... 78,434 78,434
022 MLRS MODS............ 20,000 20,000
TOTAL MISSILE 881,592 881,592
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 4,765 4,765
ANTI-PERSONNEL
WEAPON S.
018 MORTAR SYSTEMS....... 10,460 10,460
TOTAL 15,225 15,225
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 567 567
TYPES.
002 CTG, 7.62MM, ALL 40 40
TYPES.
004 CTG, HANDGUN, ALL 17 17
TYPES.
005 CTG, .50 CAL, ALL 189 189
TYPES.
008 CTG, 30MM, ALL TYPES. 24,900 24,900
ARTILLERY AMMUNITION
016 PROJ 155MM EXTENDED 29,213 29,213
RANGE M982.
017 ARTILLERY 21,675 21,675
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
020 SHOULDER LAUNCHED 176 176
MUNITIONS, ALL TYPES.
021 ROCKET, HYDRA 70, ALL 33,880 33,880
TYPES.
MISCELLANEOUS
029 ITEMS LESS THAN $5 11 11
MILLION (AMMO).
TOTAL 110,668 110,668
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
013 FAMILY OF HEAVY 6,500 6,500
TACTICAL VEHICLES
(FHTV).
014 PLS ESP.............. 15,163 15,163
017 TACTICAL WHEELED 27,066 27,066
VEHICLE PROTECTION
KITS.
COMM--SATELLITE
COMMUNICATIONS
030 TRANSPORTABLE 2,700 2,700
TACTICAL COMMAND
COMMUNICATIONS.
032 ASSURED POSITIONING, 12,566 12,566
NAVIGATION AND
TIMING.
033 SMART-T (SPACE)...... 289 289
034 GLOBAL BRDCST SVC-- 319 319
GBS.
COMM--COMBAT
COMMUNICATIONS
045 FAMILY OF MED COMM 1,257 1,257
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
048 CI AUTOMATION 1,230 1,230
ARCHITECTURE (MIP).
INFORMATION SECURITY
052 COMMUNICATIONS 128 128
SECURITY (COMSEC).
COMM--BASE
COMMUNICATIONS
058 INFORMATION SYSTEMS.. 15,277 15,277
062 INSTALLATION INFO 74,004 74,004
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)......... 47,709 47,709
070 TROJAN (MIP)......... 1,766 1,766
071 MOD OF IN-SVC EQUIP 61,450 61,450
(INTEL SPT) (MIP).
073 BIOMETRIC TACTICAL 12,337 12,337
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
080 FAMILY OF PERSISTENT 44,293 44,293
SURVEILLANCE CAP.
(MIP).
081 COUNTERINTELLIGENCE/ 49,100 49,100
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
083 SENTINEL MODS........ 33,496 33,496
084 NIGHT VISION DEVICES. 643 643
087 RADIATION MONITORING 11 11
SYSTEMS.
088 INDIRECT FIRE 37,000 37,000
PROTECTION FAMILY OF
SYSTEMS.
094 COMPUTER BALLISTICS: 280 280
LHMBC XM32.
095 MORTAR FIRE CONTROL 13,672 13,672
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
100 AIR & MSL DEFENSE 15,143 15,143
PLANNING & CONTROL
SYS.
ELECT EQUIP--
AUTOMATION
109 ARMY TRAINING 4,688 4,688
MODERNIZATION.
110 AUTOMATED DATA 16,552 16,552
PROCESSING EQUIP.
CHEMICAL DEFENSIVE
EQUIPMENT
121 FAMILY OF NON-LETHAL 25,480 25,480
EQUIPMENT (FNLE).
122 BASE DEFENSE SYSTEMS 98,960 98,960
(BDS).
123 CBRN DEFENSE......... 18,887 18,887
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING.... 50,400 50,400
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
137 RENDER SAFE SETS KITS 84,000 84,000
OUTFITS.
COMBAT SERVICE
SUPPORT EQUIPMENT
140 HEATERS AND ECU'S.... 370 370
142 PERSONNEL RECOVERY 3,721 3,721
SUPPORT SYSTEM
(PRSS).
145 FORCE PROVIDER....... 56,400 56,400
146 FIELD FEEDING 2,279 2,279
EQUIPMENT.
147 CARGO AERIAL DEL & 2,040 2,040
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, 4,374 4,374
PETROLEUM & WATER.
MEDICAL EQUIPMENT
151 COMBAT SUPPORT 6,390 6,390
MEDICAL.
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 7,769 7,769
EQUIPMENT SYSTEMS.
153 ITEMS LESS THAN $5.0M 184 184
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
156 LOADERS.............. 3,190 3,190
157 HYDRAULIC EXCAVATOR.. 7,600 7,600
158 TRACTOR, FULL TRACKED 7,450 7,450
160 HIGH MOBILITY 3,703 3,703
ENGINEER EXCAVATOR
(HMEE).
162 CONST EQUIP ESP...... 657 657
GENERATORS
167 GENERATORS AND 106 106
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
169 FAMILY OF FORKLIFTS.. 1,885 1,885
OTHER SUPPORT
EQUIPMENT
180 RAPID EQUIPPING 8,500 8,500
SOLDIER SUPPORT
EQUIPMENT.
181 PHYSICAL SECURITY 3,248 3,248
SYSTEMS (OPA3).
185 BUILDING, PRE-FAB, 31,845 31,845
RELOCATABLE.
TOTAL OTHER 924,077 924,077
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
OTHER AIRCRAFT
024 STUASL0 UAV.......... 7,921 7,921
MODIFICATION OF
AIRCRAFT
053 COMMON ECM EQUIPMENT. 3,474 3,474
055 COMMON DEFENSIVE 3,339 3,339
WEAPON SYSTEM.
064 QRC.................. 18,507 18,507
TOTAL AIRCRAFT 33,241 33,241
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
012 HELLFIRE............. 5,572 5,572
TOTAL WEAPONS 5,572 5,572
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 8,068 8,068
002 JDAM................. 15,529 15,529
003 AIRBORNE ROCKETS, ALL 23,000 23,000
TYPES.
004 MACHINE GUN 22,600 22,600
AMMUNITION.
006 CARTRIDGES & CART 3,927 3,927
ACTUATED DEVICES.
007 AIR EXPENDABLE 15,978 15,978
COUNTERMEASURES.
008 JATOS................ 2,100 2,100
011 OTHER SHIP GUN 2,611 2,611
AMMUNITION.
012 SMALL ARMS & LANDING 1,624 1,624
PARTY AMMO.
013 PYROTECHNIC AND 505 505
DEMOLITION.
TOTAL 95,942 95,942
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
SMALL BOATS
028 STANDARD BOATS....... 19,104 19,104
OTHER SHIP SUPPORT
035 SMALL & MEDIUM UUV... 2,946 2,946
ASW ELECTRONIC
EQUIPMENT
043 FIXED SURVEILLANCE 213,000 213,000
SYSTEM.
SONOBUOYS
092 SONOBUOYS--ALL TYPES. 26,196 26,196
AIRCRAFT SUPPORT
EQUIPMENT
095 AIRCRAFT SUPPORT 60,217 60,217
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
110 EXPLOSIVE ORDNANCE 2,124 2,124
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
115 PASSENGER CARRYING 177 177
VEHICLES.
116 GENERAL PURPOSE 416 416
TRUCKS.
118 FIRE FIGHTING 801 801
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
125 FIRST DESTINATION 520 520
TRANSPORTATION.
TRAINING DEVICES
128 TRAINING AND 11,500 11,500
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
130 MEDICAL SUPPORT 3,525 3,525
EQUIPMENT.
136 PHYSICAL SECURITY 3,000 3,000
EQUIPMENT.
TOTAL OTHER 343,526 343,526
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 17,456 17,456
(GMLRS).
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 4,200 4,200
INTELL/COMM EQUIPMENT
(NON-TEL)
022 INTELLIGENCE SUPPORT 10,124 10,124
EQUIPMENT.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 16,183 16,183
MODIFICATIONS.
TOTAL 47,963 47,963
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
HELICOPTERS
013 COMBAT RESCUE 174,000 174,000
HELICOPTER.
OTHER AIRCRAFT
020 MQ-9................. 142,490 142,490
021 RQ-20B PUMA.......... 13,770 13,770
STRATEGIC AIRCRAFT
026 LARGE AIRCRAFT 57,521 57,521
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
046 U-2 MODS............. 9,600 9,600
055 COMPASS CALL......... 12,800 12,800
066 HC/MC-130 58,020 58,020
MODIFICATIONS.
069 MQ-9 UAS PAYLOADS.... 46,100 63,500
WAMI combat loss [17,400]
replacement.
070 CV-22 MODS........... 6,290 6,290
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 10,700 10,700
PARTS.
072 MQ-9................. 12,250 12,250
COMMON SUPPORT
EQUIPMENT
073 AIRCRAFT REPLACEMENT 25,614 25,614
SUPPORT EQUIP.
TOTAL AIRCRAFT 569,155 586,555
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
004 JOINT AIR-SURFACE 30,000 30,000
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 143,420 143,420
MISSILE.
009 SMALL DIAMETER BOMB.. 50,352 50,352
TOTAL MISSILE 223,772 223,772
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 19,489 19,489
CARTRIDGES
002 CARTRIDGES........... 40,434 40,434
BOMBS
004 GENERAL PURPOSE BOMBS 369,566 369,566
006 JOINT DIRECT ATTACK 237,723 237,723
MUNITION.
FLARES
015 FLARES............... 21,171 21,171
FUZES
016 FUZES................ 107,855 107,855
SMALL ARMS
017 SMALL ARMS........... 6,217 6,217
TOTAL 802,455 802,455
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,302 1,302
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 3,400 3,400
VEHICLE.
004 CARGO AND UTILITY 12,475 12,475
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 26,150 26,150
VEHICLE.
007 SPECIAL PURPOSE 51,254 51,254
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 24,903 24,903
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 14,167 14,167
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 5,759 5,759
CLEANING EQU.
011 BASE MAINTENANCE 20,653 20,653
SUPPORT VEHICLES.
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 5,100 5,100
TECHNOLOGY.
030 AIR FORCE PHYSICAL 56,496 56,496
SECURITY SYSTEM.
ORGANIZATION AND BASE
049 BASE COMM 30,717 30,717
INFRASTRUCTURE.
BASE SUPPORT
EQUIPMENT
055 ENGINEERING AND EOD 13,172 13,172
EQUIPMENT.
056 MOBILITY EQUIPMENT... 33,694 33,694
057 FUELS SUPPORT 1,777 1,777
EQUIPMENT (FSE).
058 BASE MAINTENANCE AND 31,620 31,620
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
061 DCGS-AF.............. 18,700 18,700
SPARES AND REPAIR
PARTS
065 SPARES AND REPAIR 4,000 4,000
PARTS.
TOTAL OTHER 355,339 355,339
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
016 DEFENSE INFORMATION 6,120 6,120
SYSTEM NETWORK.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
030 COUNTER IMPROVISED 2,540 2,540
THREAT TECHNOLOGIES.
CLASSIFIED PROGRAMS
54A CLASSIFIED PROGRAMS.. 3,500 3,500
AVIATION PROGRAMS
056 MANNED ISR........... 5,000 45,100
Combat loss [40,100]
replacement--DHC-
8.
057 MC-12................ 5,000 5,000
060 UNMANNED ISR......... 8,207 8,207
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M.. 105,355 105,355
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 16,234 16,234
073 OTHER ITEMS <$5M..... 984 984
076 TACTICAL VEHICLES.... 2,990 2,990
077 WARRIOR SYSTEMS <$5M. 32,573 37,573
Development of [5,000]
autonomous, multi-
sensor cUAS
capabilities with
kinetic effects.
078 COMBAT MISSION 10,000 10,000
REQUIREMENTS.
080 OPERATIONAL 6,724 6,724
ENHANCEMENTS
INTELLIGENCE.
081 OPERATIONAL 53,264 53,264
ENHANCEMENTS.
TOTAL 258,491 303,591
PROCUREMENT,
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
ACCOUNT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 150,000
Program increase. [150,000]
TOTAL NATIONAL 150,000
GUARD AND
RESERVE
EQUIPMENT
ACCOUNT.
TOTAL NATIONAL 150,000
GUARD AND
RESERVE
EQUIPMENT.
TOTAL 5,128,098 5,485,798
PROCUREMENT.
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 House
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES......... 303,257 308,257
.................................. Counter-UAS Army research lab. [5,000]
003 0601103A UNIVERSITY RESEARCH INITIATIVES... 67,148 67,148
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 87,877 96,877
CENTERS.
.................................. Automotive research center [5,000]
modeling and simulation.
.................................. Biotechnology advancements.... [4,000]
005 0601121A CYBER COLLABORATIVE RESEARCH 5,077 5,077
ALLIANCE.
.................................. SUBTOTAL BASIC RESEARCH........ 463,359 477,359
..................................
.................................. APPLIED RESEARCH
007 0602115A BIOMEDICAL TECHNOLOGY............. 11,835 11,835
011 0602134A COUNTER IMPROVISED-THREAT ADVANCED 2,000 2,000
STUDIES.
012 0602141A LETHALITY TECHNOLOGY.............. 42,425 47,425
.................................. Next generation additive [5,000]
manufacturing and 3-D printed
electronics.
013 0602142A ARMY APPLIED RESEARCH............. 30,757 30,757
014 0602143A SOLDIER LETHALITY TECHNOLOGY...... 125,435 132,435
.................................. HEROES program increase....... [5,000]
.................................. Syn-bio enabled functional [2,000]
materials for the soldier.
015 0602144A GROUND TECHNOLOGY................. 28,047 45,047
.................................. Cold weather military research [2,000]
.................................. Materials recovery [10,000]
technologies for defense
supply resiliency.
.................................. Polymeric composites via cold [5,000]
spray additive manufacturing.
016 0602145A NEXT GENERATION COMBAT VEHICLE 217,565 217,565
TECHNOLOGY.
017 0602146A NETWORK C3I TECHNOLOGY............ 114,404 129,404
.................................. Alternative positioning [5,000]
navigation and timing.
.................................. Multi-drone/multi-sensor [2,000]
intelligence, surveillance,
and reconnaissance
capabilities.
.................................. Program increase.............. [5,000]
.................................. Sensor and electronic network [3,000]
initatives.
018 0602147A LONG RANGE PRECISION FIRES 60,553 60,553
TECHNOLOGY.
019 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 96,484 101,484
.................................. High density eVOTL power [5,000]
source research.
020 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 56,298 76,298
.................................. Advanced tracking and [5,000]
targeting capability.
.................................. High energy laser technology.. [5,000]
.................................. Radar research................ [5,000]
.................................. UAS threat detection.......... [5,000]
022 0602213A C3I APPLIED CYBER................. 18,816 18,816
040 0602785A MANPOWER/PERSONNEL/TRAINING 20,766 20,766
TECHNOLOGY.
042 0602787A MEDICAL TECHNOLOGY................ 95,496 95,496
.................................. SUBTOTAL APPLIED RESEARCH...... 920,881 989,881
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
044 0603002A MEDICAL ADVANCED TECHNOLOGY....... 38,896 38,896
049 0603007A MANPOWER, PERSONNEL AND TRAINING 11,659 11,659
ADVANCED TECHNOLOGY.
052 0603115A MEDICAL DEVELOPMENT............... 27,723 27,723
053 0603117A ARMY ADVANCED TECHNOLOGY 62,663 62,663
DEVELOPMENT.
054 0603118A SOLDIER LETHALITY ADVANCED 109,608 118,608
TECHNOLOGY.
.................................. Advanced AI/AA analytics for [5,000]
modernization and readiness.
.................................. Anthropomorphic study for body [4,000]
armor modernization.
055 0603119A GROUND ADVANCED TECHNOLOGY........ 14,795 23,295
.................................. Rapid entry and sustainment [5,000]
for the arctic.
.................................. Survivability and energy [3,500]
reduction of hard shelters.
059 0603134A COUNTER IMPROVISED-THREAT 25,000 25,000
SIMULATION.
063 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 23,357 23,357
064 0603461A HIGH PERFORMANCE COMPUTING 188,024 188,024
MODERNIZATION PROGRAM.
065 0603462A NEXT GENERATION COMBAT VEHICLE 199,358 216,358
ADVANCED TECHNOLOGY.
.................................. Cyber security support for [2,000]
vehicle development.
.................................. Fuel cell powered vehicle [15,000]
development.
066 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 158,608 163,608
.................................. Tactical geospatial [5,000]
information development.
067 0603464A LONG RANGE PRECISION FIRES 121,060 131,060
ADVANCED TECHNOLOGY.
.................................. Hypervelocity projectile...... [10,000]
068 0603465A FUTURE VERTICAL LIFT ADVANCED 156,194 156,194
TECHNOLOGY.
069 0603466A AIR AND MISSILE DEFENSE ADVANCED 58,130 63,130
TECHNOLOGY.
.................................. Program acceleration.......... [5,000]
077 0603920A HUMANITARIAN DEMINING............. 8,515 8,515
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,203,590 1,258,090
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
078 0603305A ARMY MISSLE DEFENSE SYSTEMS 11,062 21,062
INTEGRATION.
.................................. Accelerated test and [10,000]
integration.
079 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 26,230 26,230
080 0603327A AIR AND MISSILE DEFENSE SYSTEMS 26,482 26,482
ENGINEERING.
081 0603619A LANDMINE WARFARE AND BARRIER--ADV 64,092 66,092
DEV.
.................................. MICLIC replacement development [2,000]
083 0603639A TANK AND MEDIUM CALIBER AMMUNITION 92,753 92,753
084 0603645A ARMORED SYSTEM MODERNIZATION--ADV 151,478 163,978
DEV.
.................................. Fuel cell powered vehicle [15,000]
development.
.................................. Modeling and simulation [12,500]
support for vehicle
development.
.................................. Program decrease.............. [-15,000]
085 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 5,841 5,841
086 0603766A TACTICAL ELECTRONIC SURVEILLANCE 194,775 194,775
SYSTEM--ADV DEV.
087 0603774A NIGHT VISION SYSTEMS ADVANCED 24,316 24,316
DEVELOPMENT.
088 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 13,387 13,387
DEM/VAL.
089 0603790A NATO RESEARCH AND DEVELOPMENT..... 4,762 4,762
090 0603801A AVIATION--ADV DEV................. 647,937 647,937
091 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 4,761 4,761
ADV DEV.
092 0603807A MEDICAL SYSTEMS--ADV DEV.......... 28,520 28,520
093 0603827A SOLDIER SYSTEMS--ADVANCED 26,138 23,138
DEVELOPMENT.
.................................. IHPS program delays........... [-3,000]
094 0604017A ROBOTICS DEVELOPMENT.............. 121,207 115,407
.................................. Program reduction............. [-5,800]
096 0604021A ELECTRONIC WARFARE TECHNOLOGY 22,840 22,840
MATURATION (MIP).
097 0604035A LOW EARTH ORBIT (LEO) SATELLITE 22,678 22,678
CAPABILITY.
098 0604100A ANALYSIS OF ALTERNATIVES.......... 10,082 10,082
099 0604101A SMALL UNMANNED AERIAL VEHICLE 1,378 1,378
(SUAV) (6.4).
100 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 40,083 40,083
SYSTEM (FTUAS).
101 0604114A LOWER TIER AIR MISSILE DEFENSE 376,373 376,373
(LTAMD) SENSOR.
102 0604115A TECHNOLOGY MATURATION INITIATIVES. 156,834 156,834
103 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 4,995 4,995
(M-SHORAD).
105 0604119A ARMY ADVANCED COMPONENT 170,490 170,490
DEVELOPMENT & PROTOTYPING.
106 0604120A ASSURED POSITIONING, NAVIGATION 128,125 128,125
AND TIMING (PNT).
107 0604121A SYNTHETIC TRAINING ENVIRONMENT 129,547 129,547
REFINEMENT & PROTOTYPING.
108 0604134A COUNTER IMPROVISED-THREAT 13,831 13,831
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
109 0604182A HYPERSONICS....................... 801,417 811,417
.................................. Program increase.............. [10,000]
111 0604403A FUTURE INTERCEPTOR................ 7,992 7,992
112 0604541A UNIFIED NETWORK TRANSPORT......... 40,677 40,677
115 0305251A CYBERSPACE OPERATIONS FORCES AND 50,525 50,525
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 3,421,608 3,447,308
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
118 0604201A AIRCRAFT AVIONICS................. 2,764 2,764
119 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 62,426 62,426
121 0604601A INFANTRY SUPPORT WEAPONS.......... 91,574 98,574
.................................. Advanced gunner protection kit [2,000]
development.
.................................. Soldier Enhancement Program... [5,000]
122 0604604A MEDIUM TACTICAL VEHICLES.......... 8,523 8,523
123 0604611A JAVELIN........................... 7,493 7,493
124 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 24,792 24,792
125 0604633A AIR TRAFFIC CONTROL............... 3,511 3,511
126 0604642A LIGHT TACTICAL WHEELED VEHICLES... 1,976 1,976
127 0604645A ARMORED SYSTEMS MODERNIZATION 135,488 135,488
(ASM)--ENG DEV.
128 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 61,445 61,445
129 0604713A COMBAT FEEDING, CLOTHING, AND 2,814 2,814
EQUIPMENT.
130 0604715A NON-SYSTEM TRAINING DEVICES--ENG 28,036 28,036
DEV.
131 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,651 39,651
INTELLIGENCE--ENG DEV.
.................................. Army identified funds excess [-4,000]
to need.
132 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 10,150 10,150
DEVELOPMENT.
133 0604746A AUTOMATIC TEST EQUIPMENT 5,578 5,578
DEVELOPMENT.
134 0604760A DISTRIBUTIVE INTERACTIVE 7,892 7,892
SIMULATIONS (DIS)--ENG DEV.
135 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 24,975 24,975
(BAT).
136 0604780A COMBINED ARMS TACTICAL TRAINER 3,568 3,568
(CATT) CORE.
137 0604798A BRIGADE ANALYSIS, INTEGRATION AND 19,268 19,268
EVALUATION.
138 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 265,811 265,811
139 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 49,694 49,694
ENG DEV.
140 0604805A COMMAND, CONTROL, COMMUNICATIONS 11,079 11,079
SYSTEMS--ENG DEV.
141 0604807A MEDICAL MATERIEL/MEDICAL 49,870 49,870
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
142 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 9,589 9,589
143 0604818A ARMY TACTICAL COMMAND & CONTROL 162,513 152,513
HARDWARE & SOFTWARE.
.................................. Command post integrated [-10,000]
infrastructure contract delay.
144 0604820A RADAR DEVELOPMENT................. 109,259 109,259
145 0604822A GENERAL FUND ENTERPRISE BUSINESS 21,201 21,201
SYSTEM (GFEBS).
146 0604823A FIREFINDER........................ 20,008 16,808
.................................. Prior year carry-over......... [-3,200]
147 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 6,534 6,534
148 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 82,459 109,380
SYSTEMS--EMD.
.................................. Prior year carry-over......... [-5,079]
.................................. Program increase for vehicle [32,000]
protection systems.
149 0604854A ARTILLERY SYSTEMS--EMD............ 11,611 11,611
150 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 142,678 137,678
.................................. Reprioritization.............. [-5,000]
151 0605018A INTEGRATED PERSONNEL AND PAY 115,286 115,286
SYSTEM-ARMY (IPPS-A).
152 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,594 76,594
(AMPV).
.................................. Army identified funds excess [-20,000]
to need.
154 0605030A JOINT TACTICAL NETWORK CENTER 16,264 16,264
(JTNC).
155 0605031A JOINT TACTICAL NETWORK (JTN)...... 31,696 31,696
157 0605033A GROUND-BASED OPERATIONAL 5,976 5,976
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
159 0605035A COMMON INFRARED COUNTERMEASURES 23,321 28,321
(CIRCM).
.................................. AI virtual training [5,000]
environments.
161 0605038A NUCLEAR BIOLOGICAL CHEMICAL 4,846 4,846
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
162 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 28,544 28,544
163 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,178 28,178
(LOW-TIER).
164 0605047A CONTRACT WRITING SYSTEM........... 22,860 22,860
166 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 35,893 35,893
167 0605052A INDIRECT FIRE PROTECTION 235,770 187,970
CAPABILITY INC 2--BLOCK 1.
.................................. Army identified funds excess [-47,800]
to need.
168 0605053A GROUND ROBOTICS................... 13,710 13,710
169 0605054A EMERGING TECHNOLOGY INITIATIVES... 294,739 284,739
.................................. Program decrease.............. [-10,000]
170 0605145A MEDICAL PRODUCTS AND SUPPORT 954 954
SYSTEMS DEVELOPMENT.
171 0605203A ARMY SYSTEM DEVELOPMENT & 150,201 150,201
DEMONSTRATION.
172 0605205A SMALL UNMANNED AERIAL VEHICLE 5,999 5,999
(SUAV) (6.5).
174 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 8,891 8,891
175 0605457A ARMY INTEGRATED AIR AND MISSILE 193,929 193,929
DEFENSE (AIAMD).
176 0605625A MANNED GROUND VEHICLE............. 327,732 244,732
.................................. Army identified funds excess [-83,000]
to need.
177 0605766A NATIONAL CAPABILITIES INTEGRATION 7,670 7,670
(MIP).
178 0605812A JOINT LIGHT TACTICAL VEHICLE 1,742 1,742
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
179 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,467 4,467
.................................. Aircraft cleaning and deicing [3,000]
system development.
180 0303032A TROJAN--RH12...................... 3,451 3,451
183 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 55,855 55,855
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,199,798 3,058,719
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
185 0604256A THREAT SIMULATOR DEVELOPMENT...... 14,515 14,515
186 0604258A TARGET SYSTEMS DEVELOPMENT........ 10,668 10,668
187 0604759A MAJOR T&E INVESTMENT.............. 106,270 111,270
.................................. Program increase.............. [5,000]
188 0605103A RAND ARROYO CENTER................ 13,481 13,481
189 0605301A ARMY KWAJALEIN ATOLL.............. 231,824 231,824
190 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 54,898 54,898
192 0605601A ARMY TEST RANGES AND FACILITIES... 350,359 350,359
193 0605602A ARMY TECHNICAL TEST 48,475 62,975
INSTRUMENTATION AND TARGETS.
.................................. Aviation component testing.... [5,000]
.................................. Testing additive manufacturing [9,500]
technology.
194 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,001 36,001
195 0605606A AIRCRAFT CERTIFICATION............ 2,736 2,736
196 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,488 6,488
ACTIVITIES.
197 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,859 21,859
198 0605709A EXPLOITATION OF FOREIGN ITEMS..... 7,936 7,936
199 0605712A SUPPORT OF OPERATIONAL TESTING.... 54,470 54,470
200 0605716A ARMY EVALUATION CENTER............ 63,141 63,141
201 0605718A ARMY MODELING & SIM X-CMD 2,572 2,572
COLLABORATION & INTEG.
202 0605801A PROGRAMWIDE ACTIVITIES............ 87,472 87,472
203 0605803A TECHNICAL INFORMATION ACTIVITIES.. 26,244 26,244
204 0605805A MUNITIONS STANDARDIZATION, 40,133 50,133
EFFECTIVENESS AND SAFETY.
.................................. Development of polymer-cased [5,000]
ammunition.
.................................. Program acceleration.......... [5,000]
205 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,780 1,780
MGMT SUPPORT.
206 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 55,045 55,045
R&D - MHA.
208 0606002A RONALD REAGAN BALLISTIC MISSILE 71,306 71,306
DEFENSE TEST SITE.
209 0606003A COUNTERINTEL AND HUMAN INTEL 1,063 1,063
MODERNIZATION.
210 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES... 19,891 19,891
211 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,496 4,496
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,333,123 1,362,623
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
214 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 10,157 10,157
216 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,682 8,682
217 0607131A WEAPONS AND MUNITIONS PRODUCT 20,409 20,409
IMPROVEMENT PROGRAMS.
219 0607134A LONG RANGE PRECISION FIRES (LRPF). 122,733 56,633
.................................. Program reduction............. [-66,100]
221 0607136A BLACKHAWK PRODUCT IMPROVEMENT 11,236 16,236
PROGRAM.
.................................. Thermoplastic drive shafts.... [5,000]
222 0607137A CHINOOK PRODUCT IMPROVEMENT 46,091 51,091
PROGRAM.
.................................. Carbon composite materials for [5,000]
wheels and brakes.
224 0607139A IMPROVED TURBINE ENGINE PROGRAM... 249,257 249,257
225 0607142A AVIATION ROCKET SYSTEM PRODUCT 17,155 17,155
IMPROVEMENT AND DEVELOPMENT.
226 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 7,743 7,743
PRODUCTS.
227 0607145A APACHE FUTURE DEVELOPMENT......... 77,177 77,177
228 0607150A INTEL CYBER DEVELOPMENT........... 14,652 14,652
229 0607312A ARMY OPERATIONAL SYSTEMS 35,851 35,851
DEVELOPMENT.
230 0607665A FAMILY OF BIOMETRICS.............. 1,324 1,324
231 0607865A PATRIOT PRODUCT IMPROVEMENT....... 187,840 187,840
232 0203728A JOINT AUTOMATED DEEP OPERATION 44,691 44,691
COORDINATION SYSTEM (JADOCS).
233 0203735A COMBAT VEHICLE IMPROVEMENT 268,919 263,252
PROGRAMS.
.................................. CROWS-J program delay......... [-5,667]
234 0203743A 155MM SELF-PROPELLED HOWITZER 427,254 290,963
IMPROVEMENTS.
.................................. Prior year carry-over......... [-6,291]
.................................. Program decrease.............. [-130,000]
235 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 11,688 7,688
IMPROVEMENT PROGRAMS.
.................................. Early to need................. [-4,000]
236 0203752A AIRCRAFT ENGINE COMPONENT 80 80
IMPROVEMENT PROGRAM.
237 0203758A DIGITIZATION...................... 4,516 4,516
238 0203801A MISSILE/AIR DEFENSE PRODUCT 1,288 1,288
IMPROVEMENT PROGRAM.
239 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 79,424 19,424
PROGRAMS.
.................................. Program decrease.............. [-60,000]
243 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 259 259
OPERATIONAL SYSTEM DEV.
244 0205456A LOWER TIER AIR AND MISSILE DEFENSE 166 166
(AMD) SYSTEM.
245 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 75,575 75,575
SYSTEM (GMLRS).
246 0208053A JOINT TACTICAL GROUND SYSTEM...... 9,510 9,510
249 0303140A INFORMATION SYSTEMS SECURITY 29,270 29,270
PROGRAM.
250 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 86,908 86,908
251 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 18,684 18,684
256 0305179A INTEGRATED BROADCAST SERVICE (IBS) 467 467
257 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 4,051 4,051
258 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 13,283 13,283
259 0305208A DISTRIBUTED COMMON GROUND/SURFACE 47,204 47,204
SYSTEMS.
264 0708045A END ITEM INDUSTRIAL PREPAREDNESS 61,012 67,012
ACTIVITIES.
.................................. 6.8mm projectile development.. [4,000]
.................................. Lightweight film armor [2,000]
development.
266A 9999999999 CLASSIFIED PROGRAMS............... 3,983 3,983
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,998,539 1,742,481
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
267 0608041A DEFENSIVE CYBER--SOFTWARE 46,445 46,445
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 46,445 46,445
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 12,587,343 12,382,906
TEST & EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,816 121,816
.................................. Navy Defense University [5,000]
Research Instrumentation
program increase.
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,113 19,113
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES......... 467,158 467,158
.................................. SUBTOTAL BASIC RESEARCH........ 603,087 608,087
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 17,792 17,792
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,281 147,281
.................................. Additive manufacturing of [5,000]
unmanned maritime systems.
.................................. Cyber physical security and [5,000]
resiliency research.
.................................. Expeditionary unmanned systems [5,000]
launch and recovery.
.................................. Talent and technology for [5,000]
power and energy systems.
.................................. Unmanned logistics technology. [5,000]
006 0602131M MARINE CORPS LANDING FORCE 50,623 50,623
TECHNOLOGY.
007 0602235N COMMON PICTURE APPLIED RESEARCH... 48,001 48,001
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 67,765 77,765
RESEARCH.
.................................. High mobility ground robots... [5,000]
.................................. Robotics in complex [5,000]
unstructured environments.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 84,994 84,994
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,392 73,392
APPLIED RESEARCH.
.................................. Extreme weather events [5,000]
research.
.................................. Program increase.............. [5,000]
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,343 6,343
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 56,397 91,397
.................................. Academic partnerships for [10,000]
undersea vehicle research.
.................................. Autonomous undersea robotics.. [10,000]
.................................. Cross-domain autonomy for [10,000]
persistent maritime operations.
.................................. Expandable structures for [5,000]
operational effectiveness
research.
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 167,590 167,590
RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 30,715 30,715
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 160,537 160,537
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 76,745 76,745
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH...... 953,175 1,033,175
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 24,410 29,410
TECHNOLOGY.
.................................. Additive manufacturing........ [5,000]
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,008 8,008
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 219,045 249,045
DEMONSTRATION (ATD).
.................................. Expeditionary autonomous [5,000]
logistics.
.................................. Heavy payload solar powered [20,000]
UAS.
.................................. Modular Advanced Armed Robotic [5,000]
System.
020 0603651M JOINT NON-LETHAL WEAPONS 13,301 13,301
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 246,054 246,054
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,122 60,122
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,851 4,851
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 40,709 40,709
DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY WARFARE 1,948 1,948
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 141,948 161,948
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Accelerated railgun technology [20,000]
maturation.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 760,396 815,396
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603178N MEDIUM AND LARGE UNMANNED SURFACE 464,042 270,442
VEHICLES (USVS).
.................................. EPF conversion to LUSV [45,000]
prototype.
.................................. Two additional Overlord [-238,600]
vessels excess to need.
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 35,386 35,386
029 0603216N AVIATION SURVIVABILITY............ 13,428 13,428
030 0603239N ISO NAVAL CONSTRUCTION FORCES..... 2,350 2,350
031 0603251N AIRCRAFT SYSTEMS.................. 418 418
032 0603254N ASW SYSTEMS DEVELOPMENT........... 15,719 15,719
033 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,411 3,411
034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 70,218 70,218
035 0603502N SURFACE AND SHALLOW WATER MINE 52,358 52,358
COUNTERMEASURES.
036 0603506N SURFACE SHIP TORPEDO DEFENSE...... 12,816 12,816
037 0603512N CARRIER SYSTEMS DEVELOPMENT....... 7,559 7,559
038 0603525N PILOT FISH........................ 358,757 278,557
.................................. Excess cost growth............ [-25,000]
.................................. Program adjustment............ [-55,200]
039 0603527N RETRACT LARCH..................... 12,562 12,562
040 0603536N RETRACT JUNIPER................... 148,000 148,000
041 0603542N RADIOLOGICAL CONTROL.............. 778 778
042 0603553N SURFACE ASW....................... 1,161 1,161
043 0603561N ADVANCED SUBMARINE SYSTEM 185,356 90,356
DEVELOPMENT.
.................................. Excessive accelerated [-28,200]
development.
.................................. Project 1 insufficient budget [-66,800]
justification.
044 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,528 10,528
045 0603563N SHIP CONCEPT ADVANCED DESIGN...... 126,396 136,396
.................................. Expeditionary sustainment and [5,000]
repair-related technologies.
.................................. Polymorphic build farm for [5,000]
open source technologies.
046 0603564N SHIP PRELIMINARY DESIGN & 70,270 70,270
FEASIBILITY STUDIES.
047 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 149,188 149,188
048 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 38,449 38,449
049 0603576N CHALK EAGLE....................... 71,181 71,181
050 0603581N LITTORAL COMBAT SHIP (LCS)........ 32,178 32,178
051 0603582N COMBAT SYSTEM INTEGRATION......... 17,843 17,843
052 0603595N OHIO REPLACEMENT.................. 317,196 317,196
053 0603596N LCS MISSION MODULES............... 67,875 67,875
054 0603597N AUTOMATED TEST AND ANALYSIS....... 4,797 4,797
055 0603599N FRIGATE DEVELOPMENT............... 82,309 82,309
056 0603609N CONVENTIONAL MUNITIONS............ 9,922 9,922
057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 189,603 182,603
SYSTEM.
.................................. Program delay................. [-7,000]
058 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 43,084 43,084
DEVELOPMENT.
059 0603713N OCEAN ENGINEERING TECHNOLOGY 6,346 6,346
DEVELOPMENT.
060 0603721N ENVIRONMENTAL PROTECTION.......... 20,601 20,601
061 0603724N NAVY ENERGY PROGRAM............... 23,422 23,422
062 0603725N FACILITIES IMPROVEMENT............ 4,664 4,664
063 0603734N CHALK CORAL....................... 545,763 520,763
.................................. Excess cost growth............ [-25,000]
064 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,884 3,884
065 0603746N RETRACT MAPLE..................... 353,226 353,226
066 0603748N LINK PLUMERIA..................... 544,388 519,388
.................................. Excess cost growth............ [-25,000]
067 0603751N RETRACT ELM....................... 86,730 86,730
068 0603764M LINK EVERGREEN.................... 236,234 236,234
070 0603790N NATO RESEARCH AND DEVELOPMENT..... 6,880 6,880
071 0603795N LAND ATTACK TECHNOLOGY............ 10,578 10,578
072 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 28,435 28,435
073 0603860N JOINT PRECISION APPROACH AND 33,612 33,612
LANDING SYSTEMS--DEM/VAL.
074 0603925N DIRECTED ENERGY AND ELECTRIC 128,845 216,845
WEAPON SYSTEMS.
.................................. One additional system......... [88,000]
075 0604014N F/A -18 INFRARED SEARCH AND TRACK 84,190 84,190
(IRST).
076 0604027N DIGITAL WARFARE OFFICE............ 54,699 54,699
077 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 53,942 53,942
VEHICLES.
078 0604029N UNMANNED UNDERSEA VEHICLE CORE 40,060 40,060
TECHNOLOGIES.
079 0604030N RAPID PROTOTYPING, EXPERIMENTATION 12,100 12,100
AND DEMONSTRATION..
080 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 78,122 42,122
.................................. Early to need, phase 1 results [-36,000]
needed first.
081 0604112N GERALD R. FORD CLASS NUCLEAR 107,895 107,895
AIRCRAFT CARRIER (CVN 78--80).
082 0604126N LITTORAL AIRBORNE MCM............. 17,366 17,366
083 0604127N SURFACE MINE COUNTERMEASURES...... 18,754 18,754
084 0604272N TACTICAL AIR DIRECTIONAL INFRARED 59,776 59,776
COUNTERMEASURES (TADIRCM).
086 0604292N FUTURE VERTICAL LIFT (MARITIME 5,097 5,097
STRIKE).
087 0604320M RAPID TECHNOLOGY CAPABILITY 3,664 3,664
PROTOTYPE.
088 0604454N LX (R)............................ 10,203 10,203
089 0604536N ADVANCED UNDERSEA PROTOTYPING..... 115,858 105,858
.................................. XLUUV late test and evaluation [-10,000]
award.
090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 14,259 14,259
(C-UAS).
091 0604659N PRECISION STRIKE WEAPONS 1,102,387 1,087,387
DEVELOPMENT PROGRAM.
.................................. Transition to DDG-1000-- [-15,000]
initial integration.
092 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 7,657 7,657
ARCHITECTURE/ENGINEERING SUPPORT.
093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 35,750 35,750
WEAPON DEVELOPMENT.
094 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,151 9,151
095 0304240M ADVANCED TACTICAL UNMANNED 22,589 6,989
AIRCRAFT SYSTEM.
.................................. K-MAX......................... [7,000]
.................................. MUX uncertain acquisition [-22,600]
strategy.
097 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 809 809
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 6,503,074 6,098,674
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
098 0603208N TRAINING SYSTEM AIRCRAFT.......... 4,332 4,332
099 0604212N OTHER HELO DEVELOPMENT............ 18,133 18,133
100 0604214M AV-8B AIRCRAFT--ENG DEV........... 20,054 20,054
101 0604215N STANDARDS DEVELOPMENT............. 4,237 4,237
102 0604216N MULTI-MISSION HELICOPTER UPGRADE 27,340 27,340
DEVELOPMENT.
104 0604221N P-3 MODERNIZATION PROGRAM......... 606 606
105 0604230N WARFARE SUPPORT SYSTEM............ 9,065 9,065
106 0604231N TACTICAL COMMAND SYSTEM........... 97,968 97,968
107 0604234N ADVANCED HAWKEYE.................. 309,373 309,373
108 0604245M H-1 UPGRADES...................... 62,310 62,310
109 0604261N ACOUSTIC SEARCH SENSORS........... 47,182 47,182
110 0604262N V-22A............................. 132,624 132,624
111 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 21,445 21,445
112 0604269N EA-18............................. 106,134 106,134
113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 134,194 134,194
114 0604273M EXECUTIVE HELO DEVELOPMENT........ 99,321 99,321
115 0604274N NEXT GENERATION JAMMER (NGJ)...... 477,680 487,680
.................................. High band risk reduction...... [10,000]
116 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 232,818 232,818
(JTRS-NAVY).
117 0604282N NEXT GENERATION JAMMER (NGJ) 170,039 170,039
INCREMENT II.
118 0604307N SURFACE COMBATANT COMBAT SYSTEM 403,712 403,712
ENGINEERING.
119 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 945 945
120 0604329N SMALL DIAMETER BOMB (SDB)......... 62,488 62,488
121 0604366N STANDARD MISSILE IMPROVEMENTS..... 386,225 359,225
.................................. SM-6 excessive cost growth; [-27,000]
program accountability.
122 0604373N AIRBORNE MCM...................... 10,909 10,909
123 0604378N NAVAL INTEGRATED FIRE CONTROL-- 44,548 44,548
COUNTER AIR SYSTEMS ENGINEERING.
124 0604419N ADVANCED SENSORS APPLICATION 13,673 13,673
PROGRAM (ASAP).
125 0604501N ADVANCED ABOVE WATER SENSORS...... 87,809 87,809
126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,097 111,097
.................................. Submarine electronic warfare [18,000]
capability improvement.
127 0604504N AIR CONTROL....................... 38,863 38,863
128 0604512N SHIPBOARD AVIATION SYSTEMS........ 9,593 9,593
129 0604518N COMBAT INFORMATION CENTER 12,718 12,718
CONVERSION.
130 0604522N AIR AND MISSILE DEFENSE RADAR 78,319 78,319
(AMDR) SYSTEM.
131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 65,834 65,834
132 0604558N NEW DESIGN SSN.................... 259,443 282,943
.................................. Accelerate design............. [23,500]
133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 63,878 63,878
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 51,853 66,453
T&E.
.................................. Advanced Degaussing System.... [14,600]
135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,853 3,853
136 0604601N MINE DEVELOPMENT.................. 92,607 65,107
.................................. Forward funded in FY20........ [-27,500]
137 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 146,012 146,012
138 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,383 8,383
DEVELOPMENT.
139 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 33,784 33,784
SYSTEMS--ENG DEV.
140 0604703N PERSONNEL, TRAINING, SIMULATION, 8,599 8,599
AND HUMAN FACTORS.
141 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 73,744 73,744
142 0604755N SHIP SELF DEFENSE (DETECT & 157,490 157,490
CONTROL).
143 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 121,761 121,761
KILL).
144 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 89,373 89,373
KILL/EW).
145 0604761N INTELLIGENCE ENGINEERING.......... 15,716 15,716
146 0604771N MEDICAL DEVELOPMENT............... 2,120 22,120
.................................. Autonomous aerial distributed [10,000]
logistics.
.................................. ETEC disease research......... [10,000]
147 0604777N NAVIGATION/ID SYSTEM.............. 50,180 50,180
148 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 561 561
149 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 250 250
150 0604850N SSN(X)............................ 1,000 1,000
151 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 974 974
152 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 356,173 351,173
.................................. Unjustified growth............ [-5,000]
153 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,810 7,810
154 0605212M CH-53K RDTE....................... 406,406 406,406
155 0605215N MISSION PLANNING.................. 86,134 86,134
156 0605217N COMMON AVIONICS................... 54,540 54,540
157 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 5,155 5,155
158 0605327N T-AO 205 CLASS.................... 5,148 5,148
159 0605414N UNMANNED CARRIER AVIATION (UCA)... 266,970 266,970
160 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 12,713 12,713
161 0605500N MULTI-MISSION MARITIME AIRCRAFT 24,424 24,424
(MMA).
162 0605504N MULTI-MISSION MARITIME (MMA) 182,870 182,870
INCREMENT III.
163 0605611M MARINE CORPS ASSAULT VEHICLES 41,775 41,775
SYSTEM DEVELOPMENT &
DEMONSTRATION.
164 0605813M JOINT LIGHT TACTICAL VEHICLE 2,541 2,541
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
165 0204202N DDG-1000.......................... 208,448 223,448
.................................. Transfer from CPS--initial [15,000]
integration.
169 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 111,434 111,434
170 0306250M CYBER OPERATIONS TECHNOLOGY 26,173 26,173
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,263,883 6,305,483
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
171 0604256N THREAT SIMULATOR DEVELOPMENT...... 22,075 22,075
172 0604258N TARGET SYSTEMS DEVELOPMENT........ 10,224 10,224
173 0604759N MAJOR T&E INVESTMENT.............. 85,195 85,195
175 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,089 3,089
176 0605154N CENTER FOR NAVAL ANALYSES......... 43,517 43,517
179 0605804N TECHNICAL INFORMATION SERVICES.... 932 932
180 0605853N MANAGEMENT, TECHNICAL & 94,297 94,297
INTERNATIONAL SUPPORT.
181 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,813 3,813
183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 104,822 104,822
184 0605864N TEST AND EVALUATION SUPPORT....... 446,960 446,960
185 0605865N OPERATIONAL TEST AND EVALUATION 27,241 27,241
CAPABILITY.
186 0605866N NAVY SPACE AND ELECTRONIC WARFARE 15,787 15,787
(SEW) SUPPORT.
187 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,559 8,559
SUPPORT.
188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 42,749 42,749
189 0605898N MANAGEMENT HQ--R&D................ 41,094 41,094
190 0606355N WARFARE INNOVATION MANAGEMENT..... 37,022 37,022
193 0305327N INSIDER THREAT.................... 2,310 2,310
194 0902498N MANAGEMENT HEADQUARTERS 1,536 1,536
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 991,222 991,222
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604227N HARPOON MODIFICATIONS............. 697 697
200 0604840M F-35 C2D2......................... 379,549 341,649
.................................. Block IV/TR3 upgrade delays... [-37,900]
201 0604840N F-35 C2D2......................... 413,875 372,475
.................................. Block IV/TR3 upgrade delays... [-41,400]
202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 143,667 143,667
(CEC).
204 0101221N STRATEGIC SUB & WEAPONS SYSTEM 173,056 173,056
SUPPORT.
205 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 45,970 45,970
206 0101226N SUBMARINE ACOUSTIC WARFARE 69,190 74,190
DEVELOPMENT.
.................................. Next-generation countermeasure [5,000]
acoustic device.
207 0101402N NAVY STRATEGIC COMMUNICATIONS..... 42,277 42,277
208 0204136N F/A-18 SQUADRONS.................. 171,030 175,030
.................................. Jet noise reduction........... [4,000]
210 0204228N SURFACE SUPPORT................... 33,482 33,482
211 0204229N TOMAHAWK AND TOMAHAWK MISSION 200,308 200,308
PLANNING CENTER (TMPC).
212 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 102,975 102,975
213 0204313N SHIP-TOWED ARRAY SURVEILLANCE 10,873 10,873
SYSTEMS.
214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,713 1,713
(DISPLACEMENT CRAFT).
215 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 22,205 22,205
ATOR).
216 0204571N CONSOLIDATED TRAINING SYSTEMS 83,956 83,956
DEVELOPMENT.
218 0204575N ELECTRONIC WARFARE (EW) READINESS 56,791 56,791
SUPPORT.
219 0205601N HARM IMPROVEMENT.................. 146,166 146,166
221 0205620N SURFACE ASW COMBAT SYSTEM 29,348 29,348
INTEGRATION.
222 0205632N MK-48 ADCAP....................... 110,349 110,349
223 0205633N AVIATION IMPROVEMENTS............. 133,953 133,953
224 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 110,313 110,313
225 0206313M MARINE CORPS COMMUNICATIONS 207,662 207,662
SYSTEMS.
226 0206335M COMMON AVIATION COMMAND AND 4,406 4,406
CONTROL SYSTEM (CAC2S).
227 0206623M MARINE CORPS GROUND COMBAT/ 61,381 61,381
SUPPORTING ARMS SYSTEMS.
228 0206624M MARINE CORPS COMBAT SERVICES 10,421 10,421
SUPPORT.
229 0206625M USMC INTELLIGENCE/ELECTRONIC 29,977 29,977
WARFARE SYSTEMS (MIP).
230 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 6,469 6,469
231 0207161N TACTICAL AIM MISSILES............. 5,859 5,859
232 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 44,323 44,323
MISSILE (AMRAAM).
236 0303109N SATELLITE COMMUNICATIONS (SPACE).. 41,978 46,978
.................................. Interference mitigation [5,000]
technology, test and
verification.
237 0303138N CONSOLIDATED AFLOAT NETWORK 29,684 29,684
ENTERPRISE SERVICES (CANES).
238 0303140N INFORMATION SYSTEMS SECURITY 39,094 39,094
PROGRAM.
239 0305192N MILITARY INTELLIGENCE PROGRAM 6,154 6,154
(MIP) ACTIVITIES.
240 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 7,108 7,108
241 0305205N UAS INTEGRATION AND 62,098 62,098
INTEROPERABILITY.
242 0305208M DISTRIBUTED COMMON GROUND/SURFACE 21,500 21,500
SYSTEMS.
244 0305220N MQ-4C TRITON...................... 11,120 11,120
245 0305231N MQ-8 UAV.......................... 28,968 28,968
246 0305232M RQ-11 UAV......................... 537 537
247 0305234N SMALL (LEVEL 0) TACTICAL UAS 8,773 8,773
(STUASL0).
248 0305239M RQ-21A............................ 10,853 10,853
249 0305241N MULTI-INTELLIGENCE SENSOR 60,413 60,413
DEVELOPMENT.
250 0305242M UNMANNED AERIAL SYSTEMS (UAS) 5,000 5,000
PAYLOADS (MIP).
251 0305251N CYBERSPACE OPERATIONS FORCES AND 34,967 34,967
FORCE SUPPORT.
252 0305421N RQ-4 MODERNIZATION................ 178,799 178,799
253 0307577N INTELLIGENCE MISSION DATA (IMD)... 2,120 2,120
254 0308601N MODELING AND SIMULATION SUPPORT... 8,683 8,683
255 0702207N DEPOT MAINTENANCE (NON-IF)........ 45,168 45,168
256 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,697 6,697
257 1203109N SATELLITE COMMUNICATIONS (SPACE).. 70,056 70,056
257A 9999999999 CLASSIFIED PROGRAMS............... 1,795,032 1,795,032
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,327,043 5,261,743
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
258 0608013N RISK MANAGEMENT INFORMATION-- 14,300 14,300
SOFTWARE PILOT PROGRAM.
259 0608231N MARITIME TACTICAL COMMAND AND 10,868 10,868
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 25,168 25,168
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 21,427,048 21,138,948
TEST & EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 315,348 315,348
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 161,861 166,861
.................................. Solar block research.......... [5,000]
003 0601108F HIGH ENERGY LASER RESEARCH 15,085 15,085
INITIATIVES.
.................................. SUBTOTAL BASIC RESEARCH........ 492,294 497,294
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 100,000 100,000
RESEARCH.
005 0602102F MATERIALS......................... 140,781 165,781
.................................. Advanced materials [5,000]
manufacturing flexible
biosensors.
.................................. Metals affordability research. [15,000]
.................................. Thermal protection systems.... [5,000]
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 349,225 374,225
.................................. Advanced batteries for [5,000]
directed energy.
.................................. High speed expendable turbine [5,000]
development.
.................................. On-orbit propulsion [5,000]
technologies.
.................................. Secure unmanned aerial [10,000]
vehicles.
007 0602202F HUMAN EFFECTIVENESS APPLIED 115,222 115,222
RESEARCH.
009 0602204F AEROSPACE SENSORS................. 211,301 211,301
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,926 8,926
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 132,425 132,425
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 128,113 128,113
014 0602788F DOMINANT INFORMATION SCIENCES AND 178,668 208,668
METHODS.
.................................. Counter UAS platform [5,000]
integration testbed.
.................................. Quantum Innovation Center..... [5,000]
.................................. Quantum network testbed....... [10,000]
.................................. Trusted UAS traffic management [10,000]
and C-UAS testbed.
015 0602890F HIGH ENERGY LASER RESEARCH........ 45,088 45,088
.................................. SUBTOTAL APPLIED RESEARCH...... 1,409,749 1,489,749
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603030F AF FOUNDATIONAL DEVELOPMENT/DEMOS. 103,280 110,280
.................................. Agile composite manufacturing [5,000]
initiatives.
.................................. Foam engine wash.............. [2,000]
018 0603032F FUTURE AF INTEGRATED TECHNOLOGY 157,619 127,619
DEMOS.
.................................. Inappropriate use of S&T funds [-30,000]
for Golden Horde demonstration
& validation.
019 0603033F NEXT GEN PLATFORM DEV/DEMO........ 199,556 199,556
020 0603034F PERSISTENT KNOWLEDGE, AWARENESS, & 102,276 102,276
C2 TECH.
021 0603035F NEXT GEN EFFECTS DEV/DEMOS........ 215,817 215,817
.................................. SUBTOTAL ADVANCED TECHNOLOGY 778,548 755,548
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
038 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 4,320 4,320
039 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 26,396 26,396
040 0603790F NATO RESEARCH AND DEVELOPMENT..... 3,647 3,647
041 0603851F INTERCONTINENTAL BALLISTIC 32,959 32,959
MISSILE--DEM/VAL.
043 0604002F AIR FORCE WEATHER SERVICES 869 869
RESEARCH.
044 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 302,323 216,823
(ABMS).
.................................. Unjustified costs............. [-85,500]
045 0604004F ADVANCED ENGINE DEVELOPMENT....... 636,495 636,495
046 0604015F LONG RANGE STRIKE--BOMBER......... 2,848,410 2,828,410
.................................. Transfer to APA line 025A..... [-20,000]
047 0604032F DIRECTED ENERGY PROTOTYPING....... 20,964 20,964
048 0604033F HYPERSONICS PROTOTYPING........... 381,862 381,862
050 0604257F ADVANCED TECHNOLOGY AND SENSORS... 24,747 24,747
051 0604288F NATIONAL AIRBORNE OPS CENTER 76,417 76,417
(NAOC) RECAP.
052 0604317F TECHNOLOGY TRANSFER............... 3,011 3,011
053 0604327F HARD AND DEEPLY BURIED TARGET 52,921 52,921
DEFEAT SYSTEM (HDBTDS) PROGRAM.
054 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 69,783 69,783
ACS.
055 0604776F DEPLOYMENT & DISTRIBUTION 25,835 25,835
ENTERPRISE R&D.
056 0604858F TECH TRANSITION PROGRAM........... 219,252 249,252
.................................. Program increase--LCAAT [30,000]
prototyping.
057 0605230F GROUND BASED STRATEGIC DETERRENT.. 1,524,759 1,524,759
059 0207110F NEXT GENERATION AIR DOMINANCE..... 1,044,089 1,044,089
060 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 19,356 19,356
(3DELRR).
061 0207522F AIRBASE AIR DEFENSE SYSTEMS 8,737 8,737
(ABADS).
062 0208099F UNIFIED PLATFORM (UP)............. 5,990 5,990
063 0305236F COMMON DATA LINK EXECUTIVE AGENT 39,293 39,293
(CDL EA).
065 0305601F MISSION PARTNER ENVIRONMENTS...... 11,430 11,430
066 0306250F CYBER OPERATIONS TECHNOLOGY 259,823 259,823
DEVELOPMENT.
067 0306415F ENABLED CYBER ACTIVITIES.......... 10,560 10,560
068 0401310F C-32 EXECUTIVE TRANSPORT 9,908 9,908
RECAPITALIZATION.
069 0901410F CONTRACTING INFORMATION TECHNOLOGY 8,662 8,662
SYSTEM.
074 1206427F SPACE SYSTEMS PROTOTYPE 8,787 8,787
TRANSITIONS (SSPT).
077 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,311 56,311
.................................. SUBTOTAL ADVANCED COMPONENT 7,737,916 7,662,416
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
082 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 25,161 25,161
PROGRAMS.
083 0604201F PNT RESILIENCY, MODS, AND 38,564 38,564
IMPROVEMENTS.
084 0604222F NUCLEAR WEAPONS SUPPORT........... 35,033 35,033
085 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,098 2,098
086 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 131,909 131,909
087 0604287F PHYSICAL SECURITY EQUIPMENT....... 6,752 6,752
088 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 17,280 17,280
090 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 23,076 23,076
091 0604604F SUBMUNITIONS...................... 3,091 3,091
092 0604617F AGILE COMBAT SUPPORT.............. 20,609 20,609
093 0604618F JOINT DIRECT ATTACK MUNITION...... 7,926 7,926
094 0604706F LIFE SUPPORT SYSTEMS.............. 23,660 23,660
095 0604735F COMBAT TRAINING RANGES............ 8,898 8,898
096 0604800F F-35--EMD......................... 5,423 423
.................................. Excess SDD funding............ [-5,000]
097 0604932F LONG RANGE STANDOFF WEAPON........ 474,430 474,430
098 0604933F ICBM FUZE MODERNIZATION........... 167,099 167,099
100 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,547 30,547
102 0605223F ADVANCED PILOT TRAINING........... 248,669 248,669
103 0605229F COMBAT RESCUE HELICOPTER.......... 63,169 63,169
105 0101125F NUCLEAR WEAPONS MODERNIZATION..... 9,683 9,683
106 0207171F F-15 EPAWSS....................... 170,679 155,979
.................................. Cost growth................... [-14,700]
107 0207328F STAND IN ATTACK WEAPON............ 160,438 142,738
.................................. Unjustified cost increase..... [-17,700]
108 0207701F FULL COMBAT MISSION TRAINING...... 9,422 9,422
110 0305176F COMBAT SURVIVOR EVADER LOCATOR.... 973 973
111 0401221F KC-46A TANKER SQUADRONS........... 106,262 86,262
.................................. Slow execution................ [-20,000]
113 0401319F VC-25B............................ 800,889 800,889
114 0701212F AUTOMATED TEST SYSTEMS............ 10,673 10,673
115 0804772F TRAINING DEVELOPMENTS............. 4,479 4,479
116 0901299F AF A1 SYSTEMS..................... 8,467 8,467
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,615,359 2,557,959
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
131 0604256F THREAT SIMULATOR DEVELOPMENT...... 57,725 57,725
132 0604759F MAJOR T&E INVESTMENT.............. 208,680 208,680
133 0605101F RAND PROJECT AIR FORCE............ 35,803 35,803
135 0605712F INITIAL OPERATIONAL TEST & 13,557 13,557
EVALUATION.
136 0605807F TEST AND EVALUATION SUPPORT....... 764,606 754,606
.................................. Program decrease.............. [-10,000]
142 0605831F ACQ WORKFORCE- CAPABILITY 1,362,038 1,362,038
INTEGRATION.
143 0605832F ACQ WORKFORCE- ADVANCED PRGM 40,768 40,768
TECHNOLOGY.
144 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 179,646 179,646
145 0605898F MANAGEMENT HQ--R&D................ 5,734 5,734
146 0605976F FACILITIES RESTORATION AND 70,985 70,985
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
147 0605978F FACILITIES SUSTAINMENT--TEST AND 29,880 29,880
EVALUATION SUPPORT.
148 0606017F REQUIREMENTS ANALYSIS AND 63,381 63,381
MATURATION.
149 0606398F MANAGEMENT HQ--T&E................ 5,785 5,785
150 0303255F COMMAND, CONTROL, COMMUNICATION, 24,564 24,564
AND COMPUTERS (C4)--STRATCOM.
151 0308602F ENTEPRISE INFORMATION SERVICES 9,883 9,883
(EIS).
152 0702806F ACQUISITION AND MANAGEMENT SUPPORT 13,384 13,384
153 0804731F GENERAL SKILL TRAINING............ 1,262 1,262
155 1001004F INTERNATIONAL ACTIVITIES.......... 3,599 3,599
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 2,891,280 2,881,280
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
163 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 8,777 8,777
TRAINING.
164 0604776F DEPLOYMENT & DISTRIBUTION 499 499
ENTERPRISE R&D.
165 0604840F F-35 C2D2......................... 785,336 706,836
.................................. Block IV/TR3 upgrade delays... [-78,500]
166 0605018F AF INTEGRATED PERSONNEL AND PAY 27,035 27,035
SYSTEM (AF-IPPS).
167 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 50,508 50,508
AGENCY.
168 0605117F FOREIGN MATERIEL ACQUISITION AND 71,229 71,229
EXPLOITATION.
169 0605278F HC/MC-130 RECAP RDT&E............. 24,705 24,705
170 0606018F NC3 INTEGRATION................... 26,356 26,356
172 0101113F B-52 SQUADRONS.................... 520,023 338,523
.................................. GPS-IU contract delays........ [-10,000]
.................................. No acquisition strategy for [-2,500]
AEHF.
.................................. Radar modernization program [-40,000]
contract delays.
.................................. Virtual prototype contract [-125,000]
delay.
.................................. VLF/LF contract delays........ [-4,000]
173 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 1,433 1,433
174 0101126F B-1B SQUADRONS.................... 15,766 15,766
175 0101127F B-2 SQUADRONS..................... 187,399 187,399
.................................. Airspace compliance contract [-2,000]
delays.
.................................. JASSM-ER Milestone B delay.... [-5,000]
.................................. Virtual training.............. [7,000]
176 0101213F MINUTEMAN SQUADRONS............... 116,569 116,569
177 0101316F WORLDWIDE JOINT STRATEGIC 27,235 27,235
COMMUNICATIONS.
178 0101324F INTEGRATED STRATEGIC PLANNING & 24,227 24,227
ANALYSIS NETWORK.
179 0101328F ICBM REENTRY VEHICLES............. 112,753 112,753
181 0102110F UH-1N REPLACEMENT PROGRAM......... 44,464 44,464
182 0102326F REGION/SECTOR OPERATION CONTROL 5,929 5,929
CENTER MODERNIZATION PROGRAM.
183 0102412F NORTH WARNING SYSTEM (NWS)........ 100 100
184 0205219F MQ-9 UAV.......................... 162,080 162,080
186 0207131F A-10 SQUADRONS.................... 24,535 24,535
187 0207133F F-16 SQUADRONS.................... 223,437 223,437
188 0207134F F-15E SQUADRONS................... 298,908 298,908
189 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 14,960 14,960
190 0207138F F-22A SQUADRONS................... 665,038 648,938
.................................. Software delays............... [-16,100]
191 0207142F F-35 SQUADRONS.................... 132,229 129,629
.................................. Unjustified USAF ALIS unique [-2,600]
funding.
192 0207146F F-15EX............................ 159,761 159,761
193 0207161F TACTICAL AIM MISSILES............. 19,417 19,417
194 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 51,799 51,799
MISSILE (AMRAAM).
195 0207227F COMBAT RESCUE--PARARESCUE......... 669 669
196 0207247F AF TENCAP......................... 21,644 21,644
197 0207249F PRECISION ATTACK SYSTEMS 9,261 9,261
PROCUREMENT.
198 0207253F COMPASS CALL...................... 15,854 15,854
199 0207268F AIRCRAFT ENGINE COMPONENT 95,896 95,896
IMPROVEMENT PROGRAM.
200 0207325F JOINT AIR-TO-SURFACE STANDOFF 70,792 70,792
MISSILE (JASSM).
201 0207410F AIR & SPACE OPERATIONS CENTER 51,187 51,187
(AOC).
202 0207412F CONTROL AND REPORTING CENTER (CRC) 16,041 16,041
203 0207417F AIRBORNE WARNING AND CONTROL 138,303 138,303
SYSTEM (AWACS).
204 0207418F AFSPECWAR--TACP................... 4,223 4,223
206 0207431F COMBAT AIR INTELLIGENCE SYSTEM 16,564 16,564
ACTIVITIES.
207 0207438F THEATER BATTLE MANAGEMENT (TBM) 7,858 7,858
C4I.
208 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 12,906 12,906
210 0207452F DCAPES............................ 14,816 14,816
211 0207521F AIR FORCE CALIBRATION PROGRAMS.... 1,970 1,970
212 0207573F NATIONAL TECHNICAL NUCLEAR 396 396
FORENSICS.
213 0207590F SEEK EAGLE........................ 29,680 29,680
214 0207601F USAF MODELING AND SIMULATION...... 17,666 17,666
215 0207605F WARGAMING AND SIMULATION CENTERS.. 6,353 6,353
216 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 6,827 6,827
217 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,390 3,390
218 0208006F MISSION PLANNING SYSTEMS.......... 91,768 91,768
219 0208007F TACTICAL DECEPTION................ 2,370 2,370
220 0208064F OPERATIONAL HQ--CYBER............. 5,527 5,527
221 0208087F DISTRIBUTED CYBER WARFARE 68,279 68,279
OPERATIONS.
222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 15,165 15,165
223 0208097F JOINT CYBER COMMAND AND CONTROL 38,480 38,480
(JCC2).
224 0208099F UNIFIED PLATFORM (UP)............. 84,645 84,645
230 0301025F GEOBASE........................... 2,767 2,767
231 0301112F NUCLEAR PLANNING AND EXECUTION 32,759 32,759
SYSTEM (NPES).
238 0301401F AIR FORCE SPACE AND CYBER NON- 2,904 2,904
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
239 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 3,468 3,468
CENTER (NAOC).
240 0303131F MINIMUM ESSENTIAL EMERGENCY 61,887 61,887
COMMUNICATIONS NETWORK (MEECN).
242 0303140F INFORMATION SYSTEMS SECURITY 10,351 10,351
PROGRAM.
243 0303142F GLOBAL FORCE MANAGEMENT--DATA 1,346 1,346
INITIATIVE.
246 0304260F AIRBORNE SIGINT ENTERPRISE........ 128,110 120,110
.................................. Program decrease.............. [-8,000]
247 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,042 4,042
251 0305020F CCMD INTELLIGENCE INFORMATION 1,649 1,649
TECHNOLOGY.
252 0305022F ISR MODERNIZATION & AUTOMATION 19,265 19,265
DVMT (IMAD).
253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,645 4,645
(GATM).
254 0305103F CYBER SECURITY INITIATIVE......... 384 384
255 0305111F WEATHER SERVICE................... 23,640 30,640
.................................. Commercial weather pilot...... [7,000]
256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 6,553 6,553
LANDING SYSTEM (ATCALS).
257 0305116F AERIAL TARGETS.................... 449 449
260 0305128F SECURITY AND INVESTIGATIVE 432 432
ACTIVITIES.
262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 4,890 4,890
ACTIVITIES.
264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,864 8,864
265 0305202F DRAGON U-2........................ 18,660 18,660
267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 121,512 139,512
.................................. Gorgon Stare Wide Area Motion [10,000]
Imagery program increase.
.................................. Sensor Open Systems [8,000]
Architecture.
268 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,711 14,711
269 0305208F DISTRIBUTED COMMON GROUND/SURFACE 14,152 14,152
SYSTEMS.
270 0305220F RQ-4 UAV.......................... 134,589 134,589
271 0305221F NETWORK-CENTRIC COLLABORATIVE 15,049 15,049
TARGETING.
272 0305238F NATO AGS.......................... 36,731 36,731
273 0305240F SUPPORT TO DCGS ENTERPRISE........ 33,547 33,547
274 0305600F INTERNATIONAL INTELLIGENCE 13,635 13,635
TECHNOLOGY AND ARCHITECTURES.
275 0305881F RAPID CYBER ACQUISITION........... 4,262 4,262
276 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,207 2,207
(PRC2).
277 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,277 6,277
278 0401115F C-130 AIRLIFT SQUADRON............ 41,973 41,973
279 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 32,560 32,560
280 0401130F C-17 AIRCRAFT (IF)................ 9,991 9,991
281 0401132F C-130J PROGRAM.................... 10,674 10,674
282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,507 5,507
(LAIRCM).
283 0401218F KC-135S........................... 4,591 4,591
286 0401318F CV-22............................. 18,419 18,419
288 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 7,673 7,673
290 0708055F MAINTENANCE, REPAIR & OVERHAUL 24,513 24,513
SYSTEM.
291 0708610F LOGISTICS INFORMATION TECHNOLOGY 35,225 35,225
(LOGIT).
292 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 11,838 11,838
293 0804743F OTHER FLIGHT TRAINING............. 1,332 1,332
295 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,092 2,092
296 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,869 3,869
297 0901220F PERSONNEL ADMINISTRATION.......... 1,584 1,584
298 0901226F AIR FORCE STUDIES AND ANALYSIS 1,197 1,197
AGENCY.
299 0901538F FINANCIAL MANAGEMENT INFORMATION 7,006 7,006
SYSTEMS DEVELOPMENT.
300 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 45,638 45,638
SYS (DEAMS).
301 1201017F GLOBAL SENSOR INTEGRATED ON 1,889 0
NETWORK (GSIN).
.................................. Transfer to Space Force....... [-1,889]
302 1201921F SERVICE SUPPORT TO STRATCOM--SPACE 993 993
ACTIVITIES.
303 1202140F SERVICE SUPPORT TO SPACECOM 8,999 8,999
ACTIVITIES.
314 1203400F SPACE SUPERIORITY INTELLIGENCE.... 16,810 16,810
316 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,687 2,687
318 1203906F NCMC--TW/AA SYSTEM................ 6,990 6,990
322A 9999999999 CLASSIFIED PROGRAMS............... 15,777,856 15,777,856
.................................. SUBTOTAL OPERATIONAL SYSTEMS 21,466,680 21,203,091
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 37,391,826 37,047,337
TEST & EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, SPACE FORCE
.................................. APPLIED RESEARCH
001 1206601SF SPACE TECHNOLOGY.................. 130,874 164,874
.................................. Ground based optical GEO [5,000]
surveillance.
.................................. Rapid development of low-cost, [20,000]
small satellite technology.
.................................. Small satellite mission [9,000]
operations center.
.................................. SUBTOTAL APPLIED RESEARCH...... 130,874 164,874
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
002 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 390,704 390,704
(USER EQUIPMENT) (SPACE).
003 1203710SF EO/IR WEATHER SYSTEMS............. 131,000 106,000
.................................. Program reduction for phase 2 [-25,000]
risk reduction Spec OT2.
004 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 83,384 83,384
005 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 33,359 33,359
006 1206427SF SPACE SYSTEMS PROTOTYPE 142,808 142,808
TRANSITIONS (SSPT).
007 1206438SF SPACE CONTROL TECHNOLOGY.......... 35,575 35,575
008 1206760SF PROTECTED TACTICAL ENTERPRISE 114,390 109,390
SERVICE (PTES).
.................................. Unjustified growth............ [-5,000]
009 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 205,178 200,178
.................................. Unjustified growth............ [-5,000]
010 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 71,395 71,395
011 1206857SF SPACE RAPID CAPABILITIES OFFICE... 103,518 103,518
.................................. SUBTOTAL ADVANCED COMPONENT 1,311,311 1,276,311
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
012 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 263,496 253,496
.................................. Execution lagging............. [-10,000]
013 1203940SF SPACE SITUATION AWARENESS 41,897 41,897
OPERATIONS.
014 1206421SF COUNTERSPACE SYSTEMS.............. 54,689 54,689
015 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 2,526 2,526
016 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 173,074 173,074
017 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 138,257 138,257
018 1206432SF POLAR MILSATCOM (SPACE)........... 190,235 190,235
019 1206442SF NEXT GENERATION OPIR.............. 2,318,864 2,269,864
.................................. Block 0 GEO unjustified cost [-20,000]
growth.
.................................. Program decrease.............. [-29,000]
020 1206853SF NATIONAL SECURITY SPACE LAUNCH 560,978 710,978
PROGRAM (SPACE)--EMD.
.................................. Program increase.............. [150,000]
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,744,016 3,835,016
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
021 1206116SF SPACE TEST AND TRAINING RANGE 20,281 20,281
DEVELOPMENT.
022 1206392SF ACQ WORKFORCE--SPACE & MISSILE 183,930 183,930
SYSTEMS.
023 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 9,765 9,765
MHA.
024 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,993 27,993
(SPACE).
.................................. Tactically Responsive Launch [10,000]
Operations.
025 1206864SF SPACE TEST PROGRAM (STP).......... 26,541 26,541
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 258,510 268,510
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
026 1201017SF GLOBAL SENSOR INTEGRATED ON 3,708 5,597
NETWORK (GSIN).
.................................. Transfer from Air Force....... [1,889]
027 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 247,229 237,229
(FAB-T).
.................................. Program decrease.............. [-10,000]
028 1203110SF SATELLITE CONTROL NETWORK (SPACE). 75,480 60,480
.................................. Program decrease.............. [-15,000]
029 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 1,984 1,984
(SPACE AND CONTROL SEGMENTS).
030 1203173SF SPACE AND MISSILE TEST AND 4,397 4,397
EVALUATION CENTER.
031 1203174SF SPACE INNOVATION, INTEGRATION AND 44,746 39,746
RAPID TECHNOLOGY DEVELOPMENT.
.................................. Underexecution................ [-5,000]
032 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,020 16,020
.................................. Space launch range services [5,000]
and capabilities.
033 1203265SF GPS III SPACE SEGMENT............. 10,777 10,777
034 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 28,179 28,179
035 1203913SF NUDET DETECTION SYSTEM (SPACE).... 29,157 29,157
036 1203940SF SPACE SITUATION AWARENESS 44,809 39,809
OPERATIONS.
.................................. Underexecution................ [-5,000]
037 1206423SF GLOBAL POSITIONING SYSTEM III-- 481,999 471,999
OPERATIONAL CONTROL SEGMENT.
.................................. Program decrease.............. [-5,000]
.................................. Unjustified growth............ [-5,000]
041 1206770SF ENTERPRISE GROUND SERVICES........ 116,791 116,791
041A 9999999999 CLASSIFIED PROGRAMS............... 3,632,866 3,632,866
.................................. SUBTOTAL OPERATIONAL SYSTEM 4,733,142 4,695,031
DEVELOPMENT.
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
042 1203614SF JSPOC MISSION SYSTEM.............. 149,742 129,742
.................................. Unjustified increase; transfer [-20,000]
to commercial Space Domain
Awareness Services and Data.
42A 9999999999 COMMERCIAL SATCOM................. 45,000
.................................. Commercial polar space-based [25,000]
proliferated LEO broadband
services and demonstrations.
.................................. Increase for commercial space [20,000]
domain awareness services and
data.
.................................. SUBTOTAL SOFTWARE & DIGITAL 149,742 174,742
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 10,327,595 10,414,484
TEST & EVAL, SPACE FORCE.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 14,617 14,617
002 0601101E DEFENSE RESEARCH SCIENCES......... 479,958 479,958
003 0601110D8Z BASIC RESEARCH INITIATIVES........ 35,565 57,565
.................................. Restore Minerva research [17,000]
initiative.
.................................. START research consortium of [5,000]
excellence for irregular
warfare and advanced analytics.
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 53,730 53,730
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 100,241 105,241
.................................. Civics education pilot........ [5,000]
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,975 50,975
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. PIPELINE program.............. [3,000]
.................................. Program increase.............. [17,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,300 45,300
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........ 760,386 807,386
..................................
.................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,409 24,409
.................................. New energetic materials design [5,000]
009 0602115E BIOMEDICAL TECHNOLOGY............. 107,568 107,568
011 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 35,000 35,000
012 0602234D8Z LINCOLN LABORATORY RESEARCH 41,080 41,080
PROGRAM.
013 0602251D8Z APPLIED RESEARCH FOR THE 60,722 60,722
ADVANCEMENT OF S&T PRIORITIES.
014 0602303E INFORMATION & COMMUNICATIONS 435,920 403,920
TECHNOLOGY.
.................................. Program decrease.............. [-32,000]
015 0602383E BIOLOGICAL WARFARE DEFENSE........ 26,950 26,950
016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 201,807 206,807
PROGRAM.
.................................. Treatment testing technology [5,000]
for nuclear, chemical, and
biological exposure.
017 0602668D8Z CYBER SECURITY RESEARCH........... 15,255 15,255
018 0602702E TACTICAL TECHNOLOGY............... 233,271 233,271
019 0602715E MATERIALS AND BIOLOGICAL 250,107 250,107
TECHNOLOGY.
020 0602716E ELECTRONICS TECHNOLOGY............ 322,693 322,693
021 0602718BR COUNTER WEAPONS OF MASS 174,571 174,571
DESTRUCTION APPLIED RESEARCH.
022 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,573 9,573
(SEI) APPLIED RESEARCH.
023 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 42,464 47,464
.................................. Sustained Human Performance [5,000]
and Resilience.
.................................. SUBTOTAL APPLIED RESEARCH...... 1,976,390 1,959,390
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
024 0603000D8Z JOINT MUNITIONS ADVANCED 22,920 22,920
TECHNOLOGY.
025 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,914 4,914
026 0603122D8Z COMBATING TERRORISM TECHNOLOGY 51,089 51,089
SUPPORT.
027 0603133D8Z FOREIGN COMPARATIVE TESTING....... 25,183 25,183
029 0603160BR COUNTER WEAPONS OF MASS 366,659 366,659
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
030 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,910 64,910
ASSESSMENT.
.................................. Restore low power laser [50,000]
demonstrator.
032 0603180C ADVANCED RESEARCH................. 18,687 28,687
.................................. Program increase.............. [10,000]
033 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,873 18,873
DEVELOPMENT.
034 0603286E ADVANCED AEROSPACE SYSTEMS........ 230,978 230,978
035 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 158,439 158,439
036 0603288D8Z ANALYTIC ASSESSMENTS.............. 23,775 23,775
037 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 36,524 36,524
CONCEPTS.
038 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,703 14,703
CONCEPTS--MHA.
039 0603294C COMMON KILL VEHICLE TECHNOLOGY.... 11,058 11,058
040 0603338D8Z DEFENSE MODERNIZATION AND 133,375 133,375
PROTOTYPING.
042 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 26,141 26,141
043 0603375D8Z TECHNOLOGY INNOVATION............. 27,709 27,709
044 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 188,001 188,001
PROGRAM--ADVANCED DEVELOPMENT.
045 0603527D8Z RETRACT LARCH..................... 130,283 130,283
046 0603618D8Z JOINT ELECTRONIC ADVANCED 15,164 15,164
TECHNOLOGY.
047 0603648D8Z JOINT CAPABILITY TECHNOLOGY 85,452 85,452
DEMONSTRATIONS.
048 0603662D8Z NETWORKED COMMUNICATIONS 5,882 5,882
CAPABILITIES.
049 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 93,817 143,817
AND TECHNOLOGY PROGRAM.
.................................. Accelerating rapid prototyping [5,000]
by integrating high
performance computing and
advanced manufacturing.
.................................. Additive manufacturing [5,000]
training.
.................................. Advanced structural [30,000]
manufacturing technologies.
.................................. Flexible hybrid electronics... [5,000]
.................................. Hypersonic thermal management [5,000]
research.
050 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 40,025 40,025
052 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,235 10,235
DEMONSTRATIONS.
053 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 53,862 158,862
PROGRAM.
.................................. AFFF replacement.............. [50,000]
.................................. PFAS Innovation Award Fund.... [5,000]
.................................. PFAS remediation and disposal [50,000]
technology.
054 0603720S MICROELECTRONICS TECHNOLOGY 124,049 124,049
DEVELOPMENT AND SUPPORT.
055 0603727D8Z JOINT WARFIGHTING PROGRAM......... 3,871 3,871
056 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 95,864 95,864
057 0603760E COMMAND, CONTROL AND 221,724 221,724
COMMUNICATIONS SYSTEMS.
058 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 661,158 661,158
059 0603767E SENSOR TECHNOLOGY................. 200,220 200,220
060 0603769D8Z DISTRIBUTED LEARNING ADVANCED 6,765 6,765
TECHNOLOGY DEVELOPMENT.
061 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 12,598 12,598
064 0603924D8Z HIGH ENERGY LASER ADVANCED 105,410 105,410
TECHNOLOGY PROGRAM.
065 0603941D8Z TEST & EVALUATION SCIENCE & 187,065 187,065
TECHNOLOGY.
.................................. Directed energy test workloads
066 0603950D8Z NATIONAL SECURITY INNOVATION 40,000
NETWORK.
.................................. Restore program............... [40,000]
067 0604055D8Z OPERATIONAL ENERGY CAPABILITY 65,000
IMPROVEMENT.
.................................. Program increase.............. [65,000]
070 1160402BB SOF ADVANCED TECHNOLOGY 89,072 94,072
DEVELOPMENT.
.................................. SOF 3-D printing technologies. [5,000]
071 1206310SDA SPACE SCIENCE AND TECHNOLOGY 72,422 72,422
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 3,588,876 3,913,876
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
072 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 32,636 32,636
SECURITY EQUIPMENT RDT&E ADC&P.
073 0603600D8Z WALKOFF........................... 106,529 106,529
075 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 61,345 113,345
CERTIFICATION PROGRAM.
.................................. PFAS remediation and disposal [50,000]
technology.
.................................. Program increase.............. [2,000]
076 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 412,627 312,627
DEFENSE SEGMENT.
.................................. Insufficient justification-- [-100,000]
homeland defense underlay.
077 0603882C BALLISTIC MISSILE DEFENSE 1,004,305 919,305
MIDCOURSE DEFENSE SEGMENT.
.................................. Unjustified growth--RKV [-85,000]
cancellation.
078 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 76,167 81,167
PROGRAM--DEM/VAL.
.................................. Decontamination technologies [5,000]
for civilian pandemic
preparedness.
079 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 281,957 281,957
080 0603890C BMD ENABLING PROGRAMS............. 599,380 599,380
081 0603891C SPECIAL PROGRAMS--MDA............. 420,216 420,216
082 0603892C AEGIS BMD......................... 814,936 804,936
.................................. Program decrease.............. [-10,000]
083 0603896C BALLISTIC MISSILE DEFENSE COMMAND 593,353 593,353
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
084 0603898C BALLISTIC MISSILE DEFENSE JOINT 49,560 49,560
WARFIGHTER SUPPORT.
085 0603904C MISSILE DEFENSE INTEGRATION & 55,356 55,356
OPERATIONS CENTER (MDIOC).
086 0603906C REGARDING TRENCH.................. 11,863 11,863
087 0603907C SEA BASED X-BAND RADAR (SBX)...... 118,318 118,318
088 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
089 0603914C BALLISTIC MISSILE DEFENSE TEST.... 378,302 378,302
090 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 536,133 536,133
092 0603923D8Z COALITION WARFARE................. 10,129 10,129
093 0604011D8Z NEXT GENERATION INFORMATION 449,000 400,000
COMMUNICATIONS TECHNOLOGY (5G).
.................................. Program decrease for Restoring [-49,000]
S&T.
094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,325 3,325
PROGRAM.
095 0604115C TECHNOLOGY MATURATION INITIATIVES. 67,389 67,389
098 0604181C HYPERSONIC DEFENSE................ 206,832 206,832
099 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 730,508 729,508
.................................. Micro nuclear reactors........ [50,000]
.................................. Program decrease for Restoring [-51,000]
S&T.
100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 489,076 489,076
101 0604331D8Z RAPID PROTOTYPING PROGRAM......... 102,023 82,023
.................................. Program decrease for Restoring [-20,000]
S&T.
102 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 13,255 16,255
PROTOTYPING.
.................................. Talent optimization pilot [3,000]
program.
103 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,787 2,787
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604672C HOMELAND DEFENSE RADAR--HAWAII 130,000
(HDR-H).
.................................. Continue radar development and [130,000]
siting efforts.
107 0604682D8Z WARGAMING AND SUPPORT FOR 3,469 3,469
STRATEGIC ANALYSIS (SSA).
109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 19,190 19,190
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
110 0604873C LONG RANGE DISCRIMINATION RADAR 137,256 137,256
(LRDR).
111 0604874C IMPROVED HOMELAND DEFENSE 664,138 414,138
INTERCEPTORS.
.................................. Delayed NGI contract award.... [-250,000]
112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 7,768 7,768
DEFENSE SEGMENT TEST.
113 0604878C AEGIS BMD TEST.................... 170,880 95,880
.................................. Unjustified cost growth....... [-75,000]
114 0604879C BALLISTIC MISSILE DEFENSE SENSOR 76,456 76,456
TEST.
115 0604880C LAND-BASED SM-3 (LBSM3)........... 56,628 56,628
116 0604887C BALLISTIC MISSILE DEFENSE 67,071 67,071
MIDCOURSE SEGMENT TEST.
118 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,198 2,198
SYSTEMS.
119 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 997 997
(JET) PROGRAM.
120 0305103C CYBER SECURITY INITIATIVE......... 1,148 1,148
121 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 215,994 155,994
PROTOTYPING.
.................................. HBTSS--transfer to 1206895C... [-20,000]
.................................. Unjustified growth............ [-40,000]
122 1206893C SPACE TRACKING & SURVEILLANCE 34,144 34,144
SYSTEM.
123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 32,068 152,068
SPACE PROGRAMS.
.................................. HBTSS--transfer from [20,000]
1206410SDA.
.................................. HBTSS sensor payload [100,000]
development.
.................................. SUBTOTAL ADVANCED COMPONENT 9,416,712 9,076,712
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
124 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 7,173 7,173
SECURITY EQUIPMENT RDT&E SDD.
126 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 319,976 319,976
PROGRAM--EMD.
127 0604771D8Z JOINT TACTICAL INFORMATION 54,985 54,985
DISTRIBUTION SYSTEM (JTIDS).
128 0605000BR COUNTER WEAPONS OF MASS 15,650 15,650
DESTRUCTION SYSTEMS DEVELOPMENT.
129 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 1,441 1,441
130 0605021SE HOMELAND PERSONNEL SECURITY 7,287 7,287
INITIATIVE.
131 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 12,928 12,928
132 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 10,259 10,259
133 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 1,377 1,377
AND DEMONSTRATION.
134 0605075D8Z CMO POLICY AND INTEGRATION........ 1,648 1,648
135 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 20,537 20,537
FINANCIAL SYSTEM.
136 0605090S DEFENSE RETIRED AND ANNUITANT PAY 1,638 1,638
SYSTEM (DRAS).
137 0605141BR MISSION ASSURANCE RISK MANAGEMENT 5,500 5,500
SYSTEM (MARMS).
138 0605210D8Z DEFENSE-WIDE ELECTRONIC 8,279 8,279
PROCUREMENT CAPABILITIES.
139 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 107,585 107,585
140 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,685 3,685
COMMUNICATIONS.
143 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 3,275 3,275
MANAGEMENT (EEIM).
144 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 20,585 20,585
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 603,808 603,808
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
145 0603829J JOINT CAPABILITY EXPERIMENTATION.. 11,239 11,239
146 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 9,793 9,793
(DRRS).
147 0604875D8Z JOINT SYSTEMS ARCHITECTURE 8,497 8,497
DEVELOPMENT.
148 0604940D8Z CENTRAL TEST AND EVALUATION 422,451 435,451
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Gulf Test range and training [13,000]
enhancements.
149 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 18,379 18,379
150 0605001E MISSION SUPPORT................... 74,334 74,334
151 0605100D8Z JOINT MISSION ENVIRONMENT TEST 79,046 79,046
CAPABILITY (JMETC).
153 0605126J JOINT INTEGRATED AIR AND MISSILE 50,255 50,255
DEFENSE ORGANIZATION (JIAMDO).
155 0605142D8Z SYSTEMS ENGINEERING............... 49,376 49,376
156 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 5,777 5,777
157 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 16,552 16,552
158 0605170D8Z SUPPORT TO NETWORKS AND 9,582 9,582
INFORMATION INTEGRATION.
159 0605200D8Z GENERAL SUPPORT TO USD 1,940 1,940
(INTELLIGENCE).
160 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 122,951 122,951
PROGRAM.
167 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,582 3,582
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
168 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 29,566 29,566
169 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 29,059 29,059
170 0605801KA DEFENSE TECHNICAL INFORMATION 59,369 16,069
CENTER (DTIC).
.................................. Program decrease.............. [-43,300]
171 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 29,420 29,420
TESTING AND EVALUATION.
172 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 27,198 27,198
173 0605898E MANAGEMENT HQ--R&D................ 13,434 13,434
174 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 2,837 2,837
INFORMATION CENTER (DTIC).
175 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 13,173 13,173
176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,200 3,200
ANALYSIS.
177 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 999 999
DEVELOPMENT SUPPORT.
180 0203345D8Z DEFENSE OPERATIONS SECURITY 3,099 3,099
INITIATIVE (DOSI).
181 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 3,058 3,058
182 0208045K C4I INTEROPERABILITY.............. 59,813 59,813
185 0303140SE INFORMATION SYSTEMS SECURITY 1,112 1,112
PROGRAM.
186 0303166J SUPPORT TO INFORMATION OPERATIONS 545 545
(IO) CAPABILITIES.
187 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 1,036 1,036
OFFICE (DMDPO).
188 0305172K COMBINED ADVANCED APPLICATIONS.... 30,824 30,824
190 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,048 3,048
SYSTEMS.
194 0804768J COCOM EXERCISE ENGAGEMENT AND 31,125 31,125
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
195 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100
MANAGEMENT INSTITUTE (DEOMI).
196 0901598C MANAGEMENT HQ--MDA................ 26,902 26,902
197 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,138 3,138
198A 9999999999 CLASSIFIED PROGRAMS............... 41,583 41,583
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,297,392 1,267,092
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 14,378 14,378
200 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 132,058 132,058
201 0605127T REGIONAL INTERNATIONAL OUTREACH 1,986 1,986
(RIO) AND PARTNERSHIP FOR PEACE
INFORMATION MANA.
202 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 316 316
SHARED INFORMATION SYSTEM
(OHASIS).
203 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 9,151 79,151
SUSTAINMENT SUPPORT.
.................................. Autotune filter manufacturing [10,000]
scale-up for advanced offboard
electronic warfare.
.................................. Domestic organic light [5,000]
emitting diode microdisplay
manufacturing.
.................................. Domestic rare earth magnet [5,000]
capability.
.................................. Domestic tungsten............. [5,000]
.................................. Program increase.............. [15,000]
.................................. Radar supplier resiliency plan [5,000]
.................................. Submarine workforce [20,000]
development and training.
.................................. Ultra-hard armor.............. [5,000]
204 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 19,082 19,082
DEVELOPMENT.
205 0607327T GLOBAL THEATER SECURITY 3,992 3,992
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
206 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 39,530 39,530
(OPERATIONAL SYSTEMS DEVELOPMENT).
207 0208043J PLANNING AND DECISION AID SYSTEM 3,039 3,039
(PDAS).
212 0302019K DEFENSE INFO INFRASTRUCTURE 16,324 16,324
ENGINEERING AND INTEGRATION.
213 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 11,884 11,884
214 0303131K MINIMUM ESSENTIAL EMERGENCY 5,560 5,560
COMMUNICATIONS NETWORK (MEECN).
215 0303136G KEY MANAGEMENT INFRASTRUCTURE 73,356 73,356
(KMI).
216 0303140D8Z INFORMATION SYSTEMS SECURITY 46,577 46,577
PROGRAM.
217 0303140G INFORMATION SYSTEMS SECURITY 356,713 336,713
PROGRAM.
.................................. GenCyber...................... [20,000]
.................................. Program decrease.............. [-40,000]
218 0303140K INFORMATION SYSTEMS SECURITY 8,922 8,922
PROGRAM.
219 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 3,695 3,695
220 0303153K DEFENSE SPECTRUM ORGANIZATION..... 20,113 20,113
223 0303228K JOINT REGIONAL SECURITY STACKS 9,728 0
(JRSS).
.................................. Program decrease.............. [-9,728]
231 0305128V SECURITY AND INVESTIGATIVE 5,700 5,700
ACTIVITIES.
235 0305186D8Z POLICY R&D PROGRAMS............... 7,144 7,144
236 0305199D8Z NET CENTRICITY.................... 21,793 21,793
238 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,066 6,066
SYSTEMS.
245 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,190 2,190
TRANSFER PROGRAM.
252 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,654 1,654
253 0708012S PACIFIC DISASTER CENTERS.......... 1,785 1,785
254 0708047S DEFENSE PROPERTY ACCOUNTABILITY 7,301 7,301
SYSTEM.
256 1105219BB MQ-9 UAV.......................... 21,265 21,265
258 1160403BB AVIATION SYSTEMS.................. 230,812 230,812
259 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 19,558 19,558
260 1160408BB OPERATIONAL ENHANCEMENTS.......... 136,041 151,041
.................................. Machine learning and AI [10,000]
technologies to enable
operational maneuver.
.................................. Modular expeditionary compact [5,000]
high-energy lasers.
261 1160431BB WARRIOR SYSTEMS................... 59,511 94,511
.................................. Increased research for cUAS in [35,000]
austere locations abroad.
262 1160432BB SPECIAL PROGRAMS.................. 10,500 10,500
263 1160434BB UNMANNED ISR...................... 19,154 19,154
264 1160480BB SOF TACTICAL VEHICLES............. 9,263 9,263
265 1160483BB MARITIME SYSTEMS.................. 59,882 59,882
266 1160489BB GLOBAL VIDEO SURVEILLANCE 4,606 4,606
ACTIVITIES.
267 1160490BB OPERATIONAL ENHANCEMENTS 11,612 11,612
INTELLIGENCE.
268 1203610K TELEPORT PROGRAM.................. 3,239 3,239
268A 9999999999 CLASSIFIED PROGRAMS............... 4,746,466 4,746,466
.................................. SUBTOTAL OPERATIONAL SYSTEMS 6,161,946 6,252,218
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
269 0608197V NATIONAL BACKGROUND INVESTIGATION 121,676 121,676
SERVICES--SOFTWARE PILOT PROGRAM.
270 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 16,848 16,848
PILOT PROGRAM.
271 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 86,750 76,750
.................................. Program decrease.............. [-10,000]
272 0308588D8Z ALGORITHMIC WARFARE CROSS 250,107 200,107
FUNCTIONAL TEAMS--SOFTWARE PILOT
PROGRAM.
.................................. Program decrease.............. [-50,000]
.................................. SUBTOTAL SOFTWARE AND DIGITAL 475,381 415,381
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
273A 9999999999 PANDEMIC PREPAREDNESS AND 1,000,000
RESILIENCE NATIONAL SECURITY FUND.
.................................. Program increase.............. [1,000,000]
.................................. SUBTOTAL UNDISTRIBUTED......... 1,000,000
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 24,280,891 25,295,863
TEST & EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 100,021 100,021
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 70,933 70,933
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 39,136 39,136
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 210,090 210,090
..................................
.................................. TOTAL OPERATIONAL TEST & 210,090 210,090
EVAL, DEFENSE.
..................................
.................................. TOTAL RDT&E.................. 106,224,793 106,489,628
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... APPLIED RESEARCH
016 0602145A NEXT GENERATION 2,000 2,000
COMBAT VEHICLE
TECHNOLOGY.
............... SUBTOTAL 2,000 2,000
APPLIED
RESEARCH.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
080 0603327A AIR AND MISSILE 500 500
DEFENSE SYSTEMS
ENGINEERING.
114 0604785A INTEGRATED BASE 2,020 2,020
DEFENSE (BUDGET
ACTIVITY 4).
............... SUBTOTAL 2,520 2,520
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
131 0604741A AIR DEFENSE 27,000 27,000
COMMAND,
CONTROL AND
INTELLIGENCE--E
NG DEV.
159 0605035A COMMON INFRARED 2,300 2,300
COUNTERMEASURES
(CIRCM).
166 0605051A AIRCRAFT 64,625 64,625
SURVIVABILITY
DEVELOPMENT.
183 0304270A ELECTRONIC 3,900 3,900
WARFARE
DEVELOPMENT.
............... SUBTOTAL 97,825 97,825
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... MANAGEMENT
SUPPORT
198 0605709A EXPLOITATION OF 1,000 1,000
FOREIGN ITEMS.
209 0606003A COUNTERINTEL AND 4,137 4,137
HUMAN INTEL
MODERNIZATION.
............... SUBTOTAL 5,137 5,137
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
239 0203802A OTHER MISSILE 2,300 2,300
PRODUCT
IMPROVEMENT
PROGRAMS.
248 0303028A SECURITY AND 23,367 23,367
INTELLIGENCE
ACTIVITIES.
257 0305204A TACTICAL 34,100 34,100
UNMANNED AERIAL
VEHICLES.
258 0305206A AIRBORNE 15,575 15,575
RECONNAISSANCE
SYSTEMS.
............... SUBTOTAL 75,342 75,342
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 182,824 182,824
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
039 0603527N RETRACT LARCH... 36,500 36,500
058 0603654N JOINT SERVICE 14,461 14,461
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
063 0603734N CHALK CORAL..... 3,000 3,000
071 0603795N LAND ATTACK 1,457 1,457
TECHNOLOGY.
............... SUBTOTAL 55,418 55,418
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
142 0604755N SHIP SELF 1,144 1,144
DEFENSE (DETECT
& CONTROL).
............... SUBTOTAL 1,144 1,144
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
229 0206625M USMC 3,000 3,000
INTELLIGENCE/
ELECTRONIC
WARFARE SYSTEMS
(MIP).
............... SUBTOTAL 3,000 3,000
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 59,562 59,562
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
185 0205671F JOINT COUNTER 4,080 4,080
RCIED
ELECTRONIC
WARFARE.
228 0208288F INTEL DATA 1,224 1,224
APPLICATIONS.
............... SUBTOTAL 5,304 5,304
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 5,304 5,304
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... APPLIED RESEARCH
010 0602134BR COUNTER 3,699 3,699
IMPROVISED-
THREAT ADVANCED
STUDIES.
............... SUBTOTAL 3,699 3,699
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
026 0603122D8Z COMBATING 19,288 19,288
TERRORISM
TECHNOLOGY
SUPPORT.
028 0603134BR COUNTER 3,861 3,861
IMPROVISED-
THREAT
SIMULATION.
............... SUBTOTAL 23,149 23,149
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
097 0604134BR COUNTER 19,931 19,931
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
............... SUBTOTAL 19,931 19,931
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
260 1160408BB OPERATIONAL 1,186 1,186
ENHANCEMENTS.
261 1160431BB WARRIOR SYSTEMS. 5,796 5,796
263 1160434BB UNMANNED ISR.... 5,000 5,000
268A 9999999999 CLASSIFIED 24,057 24,057
PROGRAMS.
............... SUBTOTAL 36,039 36,039
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 82,818 82,818
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
...............
............... TOTAL RDT&E 330,508 330,508
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 House
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
020 MODULAR SUPPORT BRIGADES.......................................... 159,834 143,834
Unjustified funding for Dynamic Force Employment.............. [-16,000]
030 ECHELONS ABOVE BRIGADE............................................ 663,751 660,951
Unjustified funding for Dynamic Force Employment.............. [-2,800]
040 THEATER LEVEL ASSETS.............................................. 956,477 956,477
050 LAND FORCES OPERATIONS SUPPORT.................................... 1,157,635 1,167,984
Establishment of Joint CUAS Office............................ [10,349]
060 AVIATION ASSETS................................................... 1,453,024 1,403,024
Unjustified funding for Dynamic Force Employment.............. [-50,000]
070 FORCE READINESS OPERATIONS SUPPORT................................ 4,713,660 4,713,660
080 LAND FORCES SYSTEMS READINESS..................................... 404,161 404,161
090 LAND FORCES DEPOT MAINTENANCE..................................... 1,413,359 1,513,359
Program increase for depot maintenance activities............. [100,000]
100 BASE OPERATIONS SUPPORT........................................... 8,220,093 8,320,093
Child Youth Services program increase......................... [100,000]
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 3,581,071 3,647,387
Program increase for additional facility requirements......... [66,316]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 411,844 411,844
160 US AFRICA COMMAND................................................. 239,387 239,387
170 US EUROPEAN COMMAND............................................... 160,761 160,761
180 US SOUTHERN COMMAND............................................... 197,826 197,826
190 US FORCES KOREA................................................... 65,152 65,152
200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 430,109 430,109
210 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 464,117 464,117
SUBTOTAL OPERATING FORCES..................................... 24,692,261 24,900,126
MOBILIZATION
220 STRATEGIC MOBILITY................................................ 402,236 402,236
230 ARMY PREPOSITIONED STOCKS......................................... 324,306 324,306
240 INDUSTRIAL PREPAREDNESS........................................... 3,653 3,653
SUBTOTAL MOBILIZATION......................................... 730,195 730,195
TRAINING AND RECRUITING
250 OFFICER ACQUISITION............................................... 165,142 165,142
260 RECRUIT TRAINING.................................................. 76,509 76,509
270 ONE STATION UNIT TRAINING......................................... 88,523 88,523
280 SENIOR RESERVE OFFICERS TRAINING CORPS............................ 535,578 535,578
290 SPECIALIZED SKILL TRAINING........................................ 981,436 981,436
300 FLIGHT TRAINING................................................... 1,204,768 1,204,768
310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 215,195 215,195
320 TRAINING SUPPORT.................................................. 575,232 575,232
330 RECRUITING AND ADVERTISING........................................ 722,612 672,612
Program decrease.............................................. [-50,000]
340 EXAMINING......................................................... 185,522 185,522
350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 221,503 221,503
360 CIVILIAN EDUCATION AND TRAINING................................... 154,651 154,651
370 JUNIOR RESERVE OFFICER TRAINING CORPS............................. 173,286 173,286
SUBTOTAL TRAINING AND RECRUITING.............................. 5,299,957 5,249,957
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION........................................ 491,926 491,926
400 CENTRAL SUPPLY ACTIVITIES......................................... 812,613 812,613
410 LOGISTIC SUPPORT ACTIVITIES....................................... 676,178 676,178
420 AMMUNITION MANAGEMENT............................................. 437,774 437,774
430 ADMINISTRATION.................................................... 438,048 433,048
Program decrease.............................................. [-5,000]
440 SERVICEWIDE COMMUNICATIONS........................................ 1,638,872 1,628,872
Reprioritization.............................................. [-10,000]
450 MANPOWER MANAGEMENT............................................... 300,046 300,046
460 OTHER PERSONNEL SUPPORT........................................... 701,103 701,103
470 OTHER SERVICE SUPPORT............................................. 1,887,133 1,852,493
Servicewoman's Commemorative Partnership...................... [3,000]
Transfer to DAWDF--reversal of DWR transfers.................. [-37,640]
480 ARMY CLAIMS ACTIVITIES............................................ 195,291 195,291
490 REAL ESTATE MANAGEMENT............................................ 229,537 229,537
500 FINANCIAL MANAGEMENT AND AUDIT READINESS.......................... 306,370 306,370
510 INTERNATIONAL MILITARY HEADQUARTERS............................... 373,030 373,030
520 MISC. SUPPORT OF OTHER NATIONS.................................... 32,719 32,719
565 CLASSIFIED PROGRAMS............................................... 1,069,915 1,069,915
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 9,590,555 9,540,915
UNDISTRIBUTED
570 UNDISTRIBUTED..................................................... -231,457
Foreign Currency adjustments.................................. [-137,300]
Historical unobligated balances............................... [-94,157]
SUBTOTAL UNDISTRIBUTED........................................ -231,457
TOTAL OPERATION & MAINTENANCE, ARMY.......................... 40,312,968 40,189,736
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES.......................................... 10,784 10,784
020 ECHELONS ABOVE BRIGADE............................................ 530,425 530,425
030 THEATER LEVEL ASSETS.............................................. 123,737 123,737
040 LAND FORCES OPERATIONS SUPPORT.................................... 589,582 589,582
050 AVIATION ASSETS................................................... 89,332 89,332
060 FORCE READINESS OPERATIONS SUPPORT................................ 387,545 387,545
070 LAND FORCES SYSTEMS READINESS..................................... 97,569 97,569
080 LAND FORCES DEPOT MAINTENANCE..................................... 43,148 43,148
090 BASE OPERATIONS SUPPORT........................................... 587,098 587,098
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 327,180 333,239
Program increase for additional facility requirements......... [6,059]
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 28,783 28,783
120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 2,745 2,745
130 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,438 7,438
SUBTOTAL OPERATING FORCES..................................... 2,825,366 2,831,425
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION........................................ 15,530 15,530
150 ADMINISTRATION.................................................... 17,761 17,761
160 SERVICEWIDE COMMUNICATIONS........................................ 14,256 14,256
170 MANPOWER MANAGEMENT............................................... 6,564 6,564
180 RECRUITING AND ADVERTISING........................................ 55,240 55,240
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 109,351 109,351
UNDISTRIBUTED
210 UNDISTRIBUTED..................................................... -10,100
Historical unobligated balances............................... [-10,100]
SUBTOTAL UNDISTRIBUTED........................................ -10,100
TOTAL OPERATION & MAINTENANCE, ARMY RES...................... 2,934,717 2,930,676
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS.................................................... 769,449 769,449
020 MODULAR SUPPORT BRIGADES.......................................... 204,604 204,604
030 ECHELONS ABOVE BRIGADE............................................ 812,072 812,072
040 THEATER LEVEL ASSETS.............................................. 103,650 103,650
050 LAND FORCES OPERATIONS SUPPORT.................................... 32,485 32,485
060 AVIATION ASSETS................................................... 1,011,142 1,011,142
070 FORCE READINESS OPERATIONS SUPPORT................................ 712,881 712,881
080 LAND FORCES SYSTEMS READINESS..................................... 47,732 47,732
090 LAND FORCES DEPOT MAINTENANCE..................................... 265,408 265,408
100 BASE OPERATIONS SUPPORT........................................... 1,106,704 1,106,704
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 876,032 892,254
Program increase for additional facility requirements......... [16,222]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 1,050,257 1,050,257
130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 7,998 7,998
140 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,756 7,756
SUBTOTAL OPERATING FORCES..................................... 7,008,170 7,024,392
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION........................................ 8,018 8,018
160 ADMINISTRATION.................................................... 74,309 74,309
170 SERVICEWIDE COMMUNICATIONS........................................ 66,140 66,140
180 MANPOWER MANAGEMENT............................................... 9,087 9,087
190 OTHER PERSONNEL SUPPORT........................................... 251,714 251,714
200 REAL ESTATE MANAGEMENT............................................ 2,576 2,576
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 411,844 411,844
UNDISTRIBUTED
220 UNDISTRIBUTED..................................................... -19,900
Historical unobligated balances............................... [-19,900]
SUBTOTAL UNDISTRIBUTED........................................ -19,900
TOTAL OPERATION & MAINTENANCE, ARNG.......................... 7,420,014 7,416,336
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 5,738,746 5,359,952
Transfer to OCO............................................... [-378,794]
020 FLEET AIR TRAINING................................................ 2,213,673 2,161,673
Restoration of Congressional mark............................. [-52,000]
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES.................... 57,144 57,144
040 AIR OPERATIONS AND SAFETY SUPPORT................................. 171,949 171,949
050 AIR SYSTEMS SUPPORT............................................... 838,767 834,067
Restoration of Congressional mark............................. [-4,700]
060 AIRCRAFT DEPOT MAINTENANCE........................................ 1,459,447 1,459,447
070 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 57,789 57,789
080 AVIATION LOGISTICS................................................ 1,264,665 1,234,430
Restoration of Congressional mark............................. [-30,235]
090 MISSION AND OTHER SHIP OPERATIONS................................. -178,060
Insufficient justification.................................... [-195,000]
Preservation of LCS 3 and LCS 4............................... [16,940]
100 SHIP OPERATIONS SUPPORT & TRAINING................................ 1,117,067 1,110,267
Restoration of Congressional mark............................. [-6,800]
110 SHIP DEPOT MAINTENANCE............................................ 7,859,104 8,530,664
Preservation of LCS 3 and LCS 4............................... [21,560]
Realignment from Procurement for Ship Depot Maintenance Pilot. [650,000]
120 SHIP DEPOT OPERATIONS SUPPORT..................................... 2,262,196 2,261,796
Preservation of LCS 3 and LCS 4............................... [12,600]
Restoration of Congressional mark............................. [-13,000]
125 SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN......................... 90,000
Realignment from Sustainment, Readiness, and Modernization.... [90,000]
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE...................... 1,521,360 1,502,360
Restoration of Congressional mark............................. [-19,000]
140 SPACE SYSTEMS AND SURVEILLANCE.................................... 274,087 274,087
150 WARFARE TACTICS................................................... 741,609 741,609
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY.......................... 401,382 401,382
170 COMBAT SUPPORT FORCES............................................. 1,546,273 936,273
Restoration of Congressional mark............................. [-60,000]
Transfer to OCO............................................... [-550,000]
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................ 177,951 177,951
190 COMBATANT COMMANDERS CORE OPERATIONS.............................. 61,484 61,484
200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT....................... 102,330 124,130
Indo-Pacific Counter-Terrorism Information Facility........... [2,000]
Indo-Pacific Special Operations Joint Task Force.............. [6,300]
INDOPACOM Mission Command and Control (MPE-C2)................ [13,500]
210 MILITARY INFORMATION SUPPORT OPERATIONS........................... 8,810 8,810
220 CYBERSPACE ACTIVITIES............................................. 567,496 567,496
230 FLEET BALLISTIC MISSILE........................................... 1,428,102 1,428,102
240 WEAPONS MAINTENANCE............................................... 995,762 950,762
Restoration of Congressional mark............................. [-45,000]
250 OTHER WEAPON SYSTEMS SUPPORT...................................... 524,008 524,008
260 ENTERPRISE INFORMATION............................................ 1,229,056 1,184,056
Program decrease.............................................. [-25,000]
Restoration of Congressional mark............................. [-20,000]
270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 3,453,099 3,427,045
Program increase for additional facility requirements......... [63,946]
Realignment to Shipyard Infrastructure Optimization Plan...... [-90,000]
280 BASE OPERATING SUPPORT............................................ 4,627,966 4,603,966
Restoration of Congressional mark............................. [-24,000]
SUBTOTAL OPERATING FORCES..................................... 40,701,322 40,064,639
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE..................................... 849,993 657,900
Realignment to National Defense Sealift Fund.................. [-314,193]
Restoration of Congressional mark............................. [-20,000]
Strategic sealift (MSC surge) annual operating result loss.... [57,000]
Surge sealift readiness....................................... [85,100]
300 READY RESERVE FORCE............................................... 436,029 376,029
Acquisition and conversion of additional used vessels......... [60,000]
Realignment to National Defense Sealift Fund.................. [-120,000]
310 SHIP ACTIVATIONS/INACTIVATIONS.................................... 286,416 258,416
Restoration of Congressional mark............................. [-28,000]
320 EXPEDITIONARY HEALTH SERVICES SYSTEMS............................. 99,402 42,190
Realignment to National Defense Sealift Fund.................. [-57,212]
330 COAST GUARD SUPPORT............................................... 25,235 25,235
SUBTOTAL MOBILIZATION......................................... 1,697,075 1,359,770
TRAINING AND RECRUITING
340 OFFICER ACQUISITION............................................... 186,117 186,117
350 RECRUIT TRAINING.................................................. 13,206 13,206
360 RESERVE OFFICERS TRAINING CORPS................................... 163,683 163,683
370 SPECIALIZED SKILL TRAINING........................................ 947,841 930,641
Restoration of Congressional mark............................. [-17,200]
380 PROFESSIONAL DEVELOPMENT EDUCATION................................ 367,647 369,147
Sea Cadets.................................................... [1,500]
390 TRAINING SUPPORT.................................................. 254,928 254,928
400 RECRUITING AND ADVERTISING........................................ 206,305 206,305
410 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 103,799 103,799
420 CIVILIAN EDUCATION AND TRAINING................................... 66,060 66,060
430 JUNIOR ROTC....................................................... 56,276 56,276
SUBTOTAL TRAINING AND RECRUITING.............................. 2,365,862 2,350,162
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION.................................................... 1,249,410 1,186,410
Program decrease.............................................. [-30,000]
Restoration of Congressional mark............................. [-33,000]
450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................ 189,625 189,625
460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 499,904 499,904
470 MEDICAL ACTIVITIES................................................ 196,747 196,747
480 SERVICEWIDE TRANSPORTATION........................................ 165,708 160,614
Unjustified funding for Dynamic Force Employment.............. [-5,094]
500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................ 519,716 519,716
510 ACQUISITION, LOGISTICS, AND OVERSIGHT............................. 751,184 690,564
Transfer to DAWDF--reversal of DWR transfers.................. [-60,620]
520 INVESTIGATIVE AND SECURITY SERVICES............................... 747,519 736,519
Restoration of Congressional mark............................. [-11,000]
625 CLASSIFIED PROGRAMS............................................... 608,670 608,670
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 4,928,483 4,788,769
UNDISTRIBUTED
770 UNDISTRIBUTED..................................................... -71,900
Foreign Currency adjustments.................................. [-48,500]
Historical unobligated balances............................... [-23,400]
SUBTOTAL UNDISTRIBUTED........................................ -71,900
TOTAL OPERATION & MAINTENANCE, NAVY.......................... 49,692,742 48,491,440
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................ 941,143 527,743
Transfer to OCO............................................... [-400,000]
Unjustified funding for Dynamic Force Employment.............. [-13,400]
020 FIELD LOGISTICS................................................... 1,277,798 1,277,798
030 DEPOT MAINTENANCE................................................. 206,907 206,907
040 MARITIME PREPOSITIONING........................................... 103,614 103,614
050 CYBERSPACE ACTIVITIES............................................. 215,974 215,974
060 SUSTAINMENT, RESTORATION & MODERNIZATION.......................... 938,063 955,434
Program increase for additional facility requirements......... [17,371]
070 BASE OPERATING SUPPORT............................................ 2,264,680 2,360,680
Program increase.............................................. [96,000]
SUBTOTAL OPERATING FORCES..................................... 5,948,179 5,648,150
TRAINING AND RECRUITING
080 RECRUIT TRAINING.................................................. 20,751 20,751
090 OFFICER ACQUISITION............................................... 1,193 1,193
100 SPECIALIZED SKILL TRAINING........................................ 110,149 110,149
110 PROFESSIONAL DEVELOPMENT EDUCATION................................ 69,509 69,509
120 TRAINING SUPPORT.................................................. 412,613 412,613
130 RECRUITING AND ADVERTISING........................................ 215,464 215,464
140 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 33,719 33,719
150 JUNIOR ROTC....................................................... 25,784 25,784
SUBTOTAL TRAINING AND RECRUITING.............................. 889,182 889,182
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION........................................ 32,005 32,005
170 ADMINISTRATION.................................................... 399,363 399,363
215 CLASSIFIED PROGRAMS............................................... 59,878 59,878
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 491,246 491,246
UNDISTRIBUTED
230 UNDISTRIBUTED..................................................... -19,700
Foreign Currency adjustments.................................. [-13,400]
Historical unobligated balances............................... [-6,300]
SUBTOTAL UNDISTRIBUTED........................................ -19,700
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.................. 7,328,607 7,008,878
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 635,070 635,070
020 INTERMEDIATE MAINTENANCE.......................................... 8,713 8,713
030 AIRCRAFT DEPOT MAINTENANCE........................................ 105,088 105,088
040 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 398 398
050 AVIATION LOGISTICS................................................ 27,284 27,284
070 COMBAT COMMUNICATIONS............................................. 17,894 17,894
080 COMBAT SUPPORT FORCES............................................. 132,862 132,862
090 CYBERSPACE ACTIVITIES............................................. 453 453
100 ENTERPRISE INFORMATION............................................ 26,073 26,073
110 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 48,762 49,665
Program increase for additional facility requirements......... [903]
120 BASE OPERATING SUPPORT............................................ 103,580 103,580
SUBTOTAL OPERATING FORCES..................................... 1,106,177 1,107,080
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION.................................................... 1,927 1,927
140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 15,895 15,895
150 ACQUISITION AND PROGRAM MANAGEMENT................................ 3,047 3,047
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 20,869 20,869
UNDISTRIBUTED
190 UNDISTRIBUTED..................................................... -3,800
Historical unobligated balances............................... [-3,800]
SUBTOTAL UNDISTRIBUTED........................................ -3,800
TOTAL OPERATION & MAINTENANCE, NAVY RES...................... 1,127,046 1,124,149
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES.................................................. 104,616 104,616
020 DEPOT MAINTENANCE................................................. 17,053 17,053
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 41,412 42,179
Program increase for additional facility requirements......... [767]
040 BASE OPERATING SUPPORT............................................ 107,773 107,773
SUBTOTAL OPERATING FORCES..................................... 270,854 271,621
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION.................................................... 13,802 13,802
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 13,802 13,802
UNDISTRIBUTED
70 UNDISTRIBUTED..................................................... -700
Historical unobligated balances............................... [-700]
SUBTOTAL UNDISTRIBUTED........................................ -700
TOTAL OPERATION & MAINTENANCE, MC RESERVE.................... 284,656 284,723
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 731,511 733,181
A-10 retention................................................ [1,670]
020 COMBAT ENHANCEMENT FORCES......................................... 1,275,485 1,275,485
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).................... 1,437,095 1,449,525
A-10 retention................................................ [12,430]
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 154,260
A-10 retention................................................ [81,460]
KC-135 and KC-10 aircraft retention........................... [72,800]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 3,241,216 3,301,238
Program increase for additional facility requirements......... [60,022]
060 CYBERSPACE SUSTAINMENT............................................ 235,816 235,816
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,508,342 1,508,342
080 FLYING HOUR PROGRAM............................................... 4,458,457 4,511,317
A-10 retention................................................ [52,860]
090 BASE SUPPORT...................................................... 7,497,288 7,487,088
Unjustified funding for Dynamic Force Employment.............. [-10,200]
100 GLOBAL C3I AND EARLY WARNING...................................... 849,842 849,842
110 OTHER COMBAT OPS SPT PROGRAMS..................................... 1,067,055 820,725
Realignment from Base to OCO.................................. [-246,330]
120 CYBERSPACE ACTIVITIES............................................. 698,579 693,579
Program decrease.............................................. [-5,000]
150 SPACE CONTROL SYSTEMS............................................. 34,194 34,194
160 US NORTHCOM/NORAD................................................. 204,268 204,268
170 US STRATCOM....................................................... 526,809 526,809
180 US CYBERCOM....................................................... 314,524 314,524
190 US CENTCOM........................................................ 186,116 186,116
200 US SOCOM.......................................................... 9,881 9,881
210 US TRANSCOM....................................................... 1,046 1,046
230 USSPACECOM........................................................ 249,022 249,022
235 CLASSIFIED PROGRAMS............................................... 1,289,339 1,289,339
SUBTOTAL OPERATING FORCES..................................... 25,815,885 25,835,597
MOBILIZATION
240 AIRLIFT OPERATIONS................................................ 1,350,031 1,110,031
Realignment from Base to OCO.................................. [-240,000]
250 MOBILIZATION PREPAREDNESS......................................... 647,168 647,168
SUBTOTAL MOBILIZATION......................................... 1,997,199 1,757,199
TRAINING AND RECRUITING
260 OFFICER ACQUISITION............................................... 142,548 142,548
270 RECRUIT TRAINING.................................................. 25,720 25,720
280 RESERVE OFFICERS TRAINING CORPS (ROTC)............................ 128,295 128,295
290 SPECIALIZED SKILL TRAINING........................................ 417,335 417,335
300 FLIGHT TRAINING................................................... 615,033 615,033
310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 298,795 298,795
320 TRAINING SUPPORT.................................................. 85,844 85,844
330 RECRUITING AND ADVERTISING........................................ 155,065 155,065
340 EXAMINING......................................................... 4,474 4,474
350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 219,349 219,349
360 CIVILIAN EDUCATION AND TRAINING................................... 361,570 371,570
Sustainment Workforce Development Program increase............ [10,000]
370 JUNIOR ROTC....................................................... 72,126 72,126
SUBTOTAL TRAINING AND RECRUITING.............................. 2,526,154 2,536,154
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.............................................. 672,426 672,426
390 TECHNICAL SUPPORT ACTIVITIES...................................... 145,130 103,070
Transfer to DAWDF--reversal of DWR transfers.................. [-42,060]
400 ADMINISTRATION.................................................... 851,251 851,251
410 SERVICEWIDE COMMUNICATIONS........................................ 28,554 28,554
420 OTHER SERVICEWIDE ACTIVITIES...................................... 1,188,414 1,183,814
Program Decrease.............................................. [-4,600]
430 CIVIL AIR PATROL.................................................. 28,772 43,215
Program increase.............................................. [14,443]
450 INTERNATIONAL SUPPORT............................................. 158,803 158,803
455 CLASSIFIED PROGRAMS............................................... 1,338,009 1,338,009
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 4,411,359 4,379,142
UNDISTRIBUTED
550 UNDISTRIBUTED..................................................... -72,700
Foreign Currency adjustments.................................. [-39,400]
Historical unobligated balances............................... [-33,300]
SUBTOTAL UNDISTRIBUTED........................................ -72,700
TOTAL OPERATION & MAINTENANCE, AIR FORCE..................... 34,750,597 34,435,392
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
020 GLOBAL C3I & EARLY WARNING........................................ 276,109 276,109
030 SPACE LAUNCH OPERATIONS........................................... 177,056 177,056
040 SPACE OPERATIONS.................................................. 475,338 475,338
050 EDUCATION & TRAINING.............................................. 18,660 18,660
060 SPECIAL PROGRAMS.................................................. 137,315 137,315
070 DEPOT MAINTENANCE................................................. 250,324 250,324
080 CONTRACTOR LOGISTICS & SYSTEM SUPPORT............................. 1,063,969 1,060,969
Program decrease.............................................. [-3,000]
SUBTOTAL OPERATING FORCES..................................... 2,398,771 2,395,771
ADMINISTRATION AND SERVICE WIDE ACTIVITIES
090 ADMINISTRATION.................................................... 132,523 132,523
SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES........... 132,523 132,523
UNDISTRIBUTED
110 UNDISTRIBUTED..................................................... -2,400
Historical unobligated balances............................... [-2,400]
SUBTOTAL UNDISTRIBUTED........................................ -2,400
TOTAL OPERATION & MAINTENANCE, SPACE FORCE................... 2,531,294 2,525,894
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 1,782,016 1,782,016
020 MISSION SUPPORT OPERATIONS........................................ 215,209 215,209
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 453,896 476,096
KC-135 and KC-10 aircraft retention........................... [22,200]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 103,414 105,329
Program increase for additional facility requirements......... [1,915]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 224,977 224,977
060 BASE SUPPORT...................................................... 452,468 452,468
070 CYBERSPACE ACTIVITIES............................................. 2,259 2,259
SUBTOTAL OPERATING FORCES..................................... 3,234,239 3,258,354
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 ADMINISTRATION.................................................... 74,258 74,258
090 RECRUITING AND ADVERTISING........................................ 23,121 23,121
100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................ 12,006 12,006
110 OTHER PERS SUPPORT (DISABILITY COMP).............................. 6,165 6,165
120 AUDIOVISUAL....................................................... 495 495
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES............ 116,045 116,045
UNDISTRIBUTED
130 UNDISTRIBUTED..................................................... -9,100
Historical unobligated balances............................... [-9,100]
SUBTOTAL UNDISTRIBUTED........................................ -9,100
TOTAL OPERATION & MAINTENANCE, AF RESERVE.................... 3,350,284 3,365,299
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS............................................... 2,476,205 2,476,205
020 MISSION SUPPORT OPERATIONS........................................ 611,325 611,325
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 1,138,919 1,153,919
KC-135 aircraft retention..................................... [15,000]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 323,605 359,598
Installation recovery......................................... [30,000]
Program increase for additional facility requirements......... [5,993]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,100,828 1,100,828
060 BASE SUPPORT...................................................... 962,438 962,438
070 CYBERSPACE SUSTAINMENT............................................ 27,028 27,028
080 CYBERSPACE ACTIVITIES............................................. 16,380 16,380
SUBTOTAL OPERATING FORCES..................................... 6,656,728 6,707,721
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
090 ADMINISTRATION.................................................... 48,218 48,218
100 RECRUITING AND ADVERTISING........................................ 48,696 48,696
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 96,914 96,914
UNDISTRIBUTED
110 UNDISTRIBUTED..................................................... -13,300
Historical unobligated balances............................... [-13,300]
SUBTOTAL UNDISTRIBUTED........................................ -13,300
TOTAL OPERATION & MAINTENANCE, ANG........................... 6,753,642 6,791,335
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF............................................. 439,111 439,111
020 JOINT CHIEFS OF STAFF--CE2T2...................................... 535,728 535,728
030 JOINT CHIEFS OF STAFF--CYBER...................................... 24,728 24,728
040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES.......... 1,069,971 1,069,971
050 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES.................. 9,800 9,800
060 SPECIAL OPERATIONS COMMAND INTELLIGENCE........................... 561,907 556,907
Unjustified growth............................................ [-5,000]
070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................ 685,097 680,097
Program decrease.............................................. [-5,000]
080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS.... 158,971 158,971
090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT.................... 1,062,748 1,062,748
100 SPECIAL OPERATIONS COMMAND THEATER FORCES......................... 2,598,385 2,598,385
SUBTOTAL OPERATING FORCES..................................... 7,146,446 7,136,446
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY.................................... 162,963 162,963
130 JOINT CHIEFS OF STAFF............................................. 95,684 95,684
140 PROFESSIONAL DEVELOPMENT EDUCATION................................ 33,301 33,301
SUBTOTAL TRAINING AND RECRUITING.............................. 291,948 291,948
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS........................................... 147,993 167,993
Program increase--STARBASE.................................... [20,000]
180 DEFENSE CONTRACT AUDIT AGENCY..................................... 604,835 636,565
Restoration of DWR reductions................................. [31,730]
190 DEFENSE CONTRACT AUDIT AGENCY--CYBER.............................. 3,282 3,282
210 DEFENSE CONTRACT MANAGEMENT AGENCY................................ 1,370,681 1,445,781
Restoration of DWR reductions................................. [75,100]
220 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER......................... 22,532 22,532
230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY................... 949,008 949,008
250 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY--CYBER............ 9,577 9,577
260 DEFENSE HUMAN RESOURCES ACTIVITY.................................. 799,952 813,356
Defense Flagship Language and Project Global Officer program [13,404]
increase......................................................
270 DEFENSE HUMAN RESOURCES ACTIVITY--CYBER........................... 20,806 20,806
280 DEFENSE INFORMATION SYSTEMS AGENCY................................ 1,883,190 1,871,590
JRSS program decrease......................................... [-11,600]
290 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER......................... 582,639 582,639
330 DEFENSE LEGAL SERVICES AGENCY..................................... 37,637 37,637
340 DEFENSE LOGISTICS AGENCY.......................................... 382,084 412,084
Maternity Uniform Pilot Program............................... [10,000]
Program increase--PTAP........................................ [20,000]
350 DEFENSE MEDIA ACTIVITY............................................ 196,997 205,997
Stars and Stripes............................................. [9,000]
360 DEFENSE PERSONNEL ACCOUNTING AGENCY............................... 129,225 129,225
370 DEFENSE SECURITY COOPERATION AGENCY............................... 598,559 598,559
400 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................ 38,432 38,432
410 DEFENSE THREAT REDUCTION AGENCY................................... 591,780 591,780
430 DEFENSE THREAT REDUCTION AGENCY--CYBER............................ 24,635 24,635
440 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.......................... 2,941,429 2,991,429
Impact Aid.................................................... [40,000]
Impact Aid for children with disabilities..................... [10,000]
450 MISSILE DEFENSE AGENCY............................................ 505,858 505,858
480 OFFICE OF ECONOMIC ADJUSTMENT..................................... 40,272 129,272
Defense Community Infrastructure Program...................... [50,000]
Guam Public Health Laboratory................................. [19,000]
Restoration of DWR reduction.................................. [20,000]
490 OFFICE OF THE SECRETARY OF DEFENSE................................ 1,540,446 1,619,446
Additional FTEs, Office of the Deputy Assistant Secretary for [2,000]
Environment...................................................
Additional FTEs, Office of the Deputy Assistant Secretary for [2,000]
Facilities Management.........................................
Basic needs allowance......................................... [50,000]
JASON scientific advisory group............................... [3,000]
National Security Commission on Artificial Intelligence [2,500]
(NSCAI).......................................................
Program decrease.............................................. [-15,500]
Program increase--Readiness and Environmental Protection [25,000]
Initiative....................................................
Undersecretary of Defense for Intelligence and Security, [10,000]
medical intelligence improvements.............................
500 OFFICE OF THE SECRETARY OF DEFENSE--CYBER......................... 51,630 51,630
510 SPACE DEVELOPMENT AGENCY.......................................... 48,166 36,166
Reduction for studies......................................... [-7,000]
Unjustified growth............................................ [-5,000]
530 WASHINGTON HEADQUARTERS SERVICES.................................. 340,291 340,291
535 CLASSIFIED PROGRAMS............................................... 17,348,749 17,348,749
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 31,210,685 31,584,319
UNDISTRIBUTED
600 UNDISTRIBUTED..................................................... -88,000
Foreign Currency adjustments.................................. [-18,700]
Historical unobligated balances............................... [-69,300]
SUBTOTAL UNDISTRIBUTED........................................ -88,000
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE................ 38,649,079 38,924,713
US COURT OF APPEALS FOR ARMED FORCES, DEF
ADMINISTRATION AND ASSOCIATED ACTIVITIES
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE................. 15,211 15,211
SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES............. 15,211 15,211
TOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF.............. 15,211 15,211
DOD ACQUISITION WORKFORCE DEVELOPMENT FUND
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD.............................................. 58,181 198,501
Transfer from services--reversal of DWR transfers............. [140,320]
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT.................... 58,181 198,501
TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND............. 58,181 198,501
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID..................... 109,900 109,900
SUBTOTAL HUMANITARIAN ASSISTANCE.............................. 109,900 109,900
TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID......... 109,900 109,900
COOPERATIVE THREAT REDUCTION ACCOUNT
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION...................................... 238,490 373,690
Restoration of funding........................................ [135,200]
SUBTOTAL COOPERATIVE THREAT REDUCTION......................... 238,490 373,690
TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT................... 238,490 373,690
ENVIRONMENTAL RESTORATION
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, ARMY................................... 207,518 207,518
SUBTOTAL DEPARTMENT OF THE ARMY............................... 207,518 207,518
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, NAVY................................... 335,932 335,932
SUBTOTAL DEPARTMENT OF THE NAVY............................... 335,932 335,932
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE.............................. 303,926 303,926
SUBTOTAL DEPARTMENT OF THE AIR FORCE.......................... 303,926 303,926
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, DEFENSE................................ 9,105 9,105
SUBTOTAL DEFENSE-WIDE......................................... 9,105 9,105
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES..................... 216,587 266,587
Military Munitions Response Program........................... [50,000]
SUBTOTAL DEFENSE-WIDE......................................... 216,587 266,587
TOTAL ENVIRONMENTAL RESTORATION.............................. 1,073,068 1,123,068
UNDISTRIBUTED
010 UNDISTRIBUTED..................................................... -1,455,870
Excessive standard price for fuel............................. [-1,455,870]
SUBTOTAL UNDISTRIBUTED........................................ -1,455,870
TOTAL UNDISTRIBUTED.......................................... -1,455,870
TOTAL OPERATION & MAINTENANCE................................ 196,630,496 193,853,071
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 4,114,001 3,789,001
Drawdown from Operation [-75,000]
Freedom's Sentinel........
Unjustified funding for [-250,000]
Dynamic Force Employment..
030 ECHELONS ABOVE BRIGADE........ 32,811 32,811
040 THEATER LEVEL ASSETS.......... 2,542,760 2,102,760
Drawdown from Operation [-440,000]
Freedom's Sentinel........
050 LAND FORCES OPERATIONS SUPPORT 162,557 122,557
Drawdown from Operation [-40,000]
Freedom's Sentinel........
060 AVIATION ASSETS............... 204,396 179,572
Drawdown from Operation [-24,824]
Freedom's Sentinel........
070 FORCE READINESS OPERATIONS 5,716,734 4,716,734
SUPPORT......................
Drawdown from Operation [-1,000,000]
Freedom's Sentinel........
080 LAND FORCES SYSTEMS READINESS. 180,048 140,048
Drawdown from Operation [-40,000]
Freedom's Sentinel........
090 LAND FORCES DEPOT MAINTENANCE. 81,125 81,125
100 BASE OPERATIONS SUPPORT....... 219,029 219,029
110 FACILITIES SUSTAINMENT, 301,017 301,017
RESTORATION & MODERNIZATION..
130 ADDITIONAL ACTIVITIES......... 966,649 782,649
Drawdown from Operation [-184,000]
Freedom's Sentinel........
140 COMMANDER'S EMERGENCY RESPONSE 2,500 2,500
PROGRAM......................
150 RESET......................... 403,796 803,796
Retrograde from Operation [400,000]
Freedom's Sentinel........
160 US AFRICA COMMAND............. 100,422 100,422
170 US EUROPEAN COMMAND........... 120,043 120,043
200 CYBERSPACE ACTIVITIES-- 98,461 98,461
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 21,256 21,256
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 15,267,605 13,613,781
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS..... 103,052 103,052
SUBTOTAL MOBILIZATION..... 103,052 103,052
TRAINING AND RECRUITING
290 SPECIALIZED SKILL TRAINING.... 89,943 89,943
320 TRAINING SUPPORT.............. 2,550 2,550
SUBTOTAL TRAINING AND 92,493 92,493
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 521,090 821,090
Retrograde from Operation [300,000]
Freedom's Sentinel........
400 CENTRAL SUPPLY ACTIVITIES..... 43,897 43,897
410 LOGISTIC SUPPORT ACTIVITIES... 68,423 68,423
420 AMMUNITION MANAGEMENT......... 29,162 29,162
440 SERVICEWIDE COMMUNICATIONS.... 11,447 11,447
470 OTHER SERVICE SUPPORT......... 5,839 5,839
490 REAL ESTATE MANAGEMENT........ 48,782 48,782
510 INTERNATIONAL MILITARY 50,000 50,000
HEADQUARTERS.................
565 CLASSIFIED PROGRAMS........... 895,964 895,964
SUBTOTAL ADMIN & SRVWIDE 1,674,604 1,974,604
ACTIVITIES................
TOTAL OPERATION & 17,137,754 15,783,930
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE........ 17,193 17,193
060 FORCE READINESS OPERATIONS 440 440
SUPPORT......................
090 BASE OPERATIONS SUPPORT....... 15,766 15,766
SUBTOTAL OPERATING FORCES. 33,399 33,399
TOTAL OPERATION & 33,399 33,399
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 25,746 25,746
020 MODULAR SUPPORT BRIGADES...... 40 40
030 ECHELONS ABOVE BRIGADE........ 983 983
040 THEATER LEVEL ASSETS.......... 22 22
060 AVIATION ASSETS............... 20,624 20,624
070 FORCE READINESS OPERATIONS 7,914 7,914
SUPPORT......................
100 BASE OPERATIONS SUPPORT....... 24,417 24,417
SUBTOTAL OPERATING FORCES. 79,746 79,746
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS.... 46 46
SUBTOTAL ADMIN & SRVWD 46 46
ACTIVITIES................
TOTAL OPERATION & 79,792 79,792
MAINTENANCE, ARNG........
AFGHANISTAN SECURITY FORCES
FUND
AFGHAN NATIONAL ARMY
010 SUSTAINMENT................... 1,065,932 1,065,932
020 INFRASTRUCTURE................ 64,501 64,501
030 EQUIPMENT AND TRANSPORTATION.. 47,854 47,854
040 TRAINING AND OPERATIONS....... 56,780 56,780
SUBTOTAL AFGHAN NATIONAL 1,235,067 1,235,067
ARMY......................
AFGHAN NATIONAL POLICE
050 SUSTAINMENT................... 434,500 434,500
060 INFRASTRUCTURE................ 448 448
070 EQUIPMENT AND TRANSPORTATION.. 108,231 108,231
080 TRAINING AND OPERATIONS....... 58,993 58,993
SUBTOTAL AFGHAN NATIONAL 602,172 602,172
POLICE....................
AFGHAN AIR FORCE
090 SUSTAINMENT................... 534,102 534,102
100 INFRASTRUCTURE................ 9,532 9,532
110 EQUIPMENT AND TRANSPORTATION.. 58,487 58,487
120 TRAINING AND OPERATIONS....... 233,803 233,803
SUBTOTAL AFGHAN AIR FORCE. 835,924 835,924
AFGHAN SPECIAL SECURITY FORCES
UNDISTRIBUTED
130 SUSTAINMENT................... 680,024 680,024
140 INFRASTRUCTURE................ 2,532 2,532
150 EQUIPMENT AND TRANSPORTATION.. 486,808 486,808
160 TRAINING AND OPERATIONS....... 173,085 173,085
SUBTOTAL AFGHAN SPECIAL 1,342,449 1,342,449
SECURITY FORCES...........
170 UNDISTRIBUTED................. -500,000
Insufficient justification [-500,000]
SUBTOTAL UNDISTRIBUTED.... -500,000
TOTAL AFGHANISTAN 4,015,612 3,515,612
SECURITY FORCES FUND.....
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 645,000 500,000
Program decrease.......... [-145,000]
020 SYRIA......................... 200,000 200,000
SUBTOTAL COUNTER ISIS 845,000 700,000
TRAIN AND EQUIP FUND
(CTEF)....................
TOTAL COUNTER ISIS TRAIN 845,000 700,000
AND EQUIP FUND (CTEF)....
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 382,062 760,856
OPERATIONS...................
Transfer from base........ [378,794]
030 AVIATION TECHNICAL DATA & 832 832
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 17,840 17,840
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 210,692 210,692
060 AIRCRAFT DEPOT MAINTENANCE.... 170,580 170,580
070 AIRCRAFT DEPOT OPERATIONS 5,854 5,854
SUPPORT......................
080 AVIATION LOGISTICS............ 33,707 33,707
090 MISSION AND OTHER SHIP 5,817,696 5,817,696
OPERATIONS...................
100 SHIP OPERATIONS SUPPORT & 20,741 20,741
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 2,072,470 2,072,470
130 COMBAT COMMUNICATIONS AND 59,254 59,254
ELECTRONIC WARFARE...........
140 SPACE SYSTEMS AND SURVEILLANCE 18,000 18,000
150 WARFARE TACTICS............... 17,324 17,324
160 OPERATIONAL METEOROLOGY AND 22,581 22,581
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 772,441 1,322,441
Transfer from base........ [550,000]
180 EQUIPMENT MAINTENANCE AND 5,788 5,788
DEPOT OPERATIONS SUPPORT.....
200 COMBATANT COMMANDERS DIRECT 24,800 24,800
MISSION SUPPORT..............
220 CYBERSPACE ACTIVITIES......... 369 369
240 WEAPONS MAINTENANCE........... 567,247 567,247
250 OTHER WEAPON SYSTEMS SUPPORT.. 12,571 12,571
270 SUSTAINMENT, RESTORATION AND 70,041 70,041
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 218,792 218,792
SUBTOTAL OPERATING FORCES. 10,521,682 11,450,476
MOBILIZATION
320 EXPEDITIONARY HEALTH SERVICES 22,589 22,589
SYSTEMS......................
SUBTOTAL MOBILIZATION..... 22,589 22,589
TRAINING AND RECRUITING
370 SPECIALIZED SKILL TRAINING.... 53,204 53,204
SUBTOTAL TRAINING AND 53,204 53,204
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 9,983 9,983
460 MILITARY MANPOWER AND 7,805 7,805
PERSONNEL MANAGEMENT.........
480 SERVICEWIDE TRANSPORTATION.... 72,097 72,097
510 ACQUISITION, LOGISTICS, AND 11,354 11,354
OVERSIGHT....................
520 INVESTIGATIVE AND SECURITY 1,591 1,591
SERVICES.....................
SUBTOTAL ADMIN & SRVWD 102,830 102,830
ACTIVITIES................
TOTAL OPERATION & 10,700,305 11,629,099
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 727,989 1,127,989
Transfer from base........ [400,000]
020 FIELD LOGISTICS............... 195,001 195,001
030 DEPOT MAINTENANCE............. 55,183 55,183
050 CYBERSPACE ACTIVITIES......... 10,000 10,000
070 BASE OPERATING SUPPORT........ 24,569 24,569
SUBTOTAL OPERATING FORCES. 1,012,742 1,412,742
TRAINING AND RECRUITING
120 TRAINING SUPPORT.............. 28,458 28,458
SUBTOTAL TRAINING AND 28,458 28,458
RECRUITING................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 61,400 61,400
SUBTOTAL ADMIN & SRVWD 61,400 61,400
ACTIVITIES................
TOTAL OPERATION & 1,102,600 1,502,600
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE...... 522 522
030 AIRCRAFT DEPOT MAINTENANCE.... 11,861 11,861
080 COMBAT SUPPORT FORCES......... 9,109 9,109
SUBTOTAL OPERATING FORCES. 21,492 21,492
TOTAL OPERATION & 21,492 21,492
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 7,627 7,627
040 BASE OPERATING SUPPORT........ 1,080 1,080
SUBTOTAL OPERATING FORCES. 8,707 8,707
TOTAL OPERATION & 8,707 8,707
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 125,551 125,551
020 COMBAT ENHANCEMENT FORCES..... 916,538 978,538
MQ-9 government owned- [62,000]
contractor operated combat
line operations in U.S.
Central Command...........
030 AIR OPERATIONS TRAINING (OJT, 93,970 93,970
MAINTAIN SKILLS).............
040 DEPOT PURCHASE EQUIPMENT 3,528,059 3,528,059
MAINTENANCE..................
050 FACILITIES SUSTAINMENT, 147,264 147,264
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 10,842 10,842
070 CONTRACTOR LOGISTICS SUPPORT 7,187,100 7,187,100
AND SYSTEM SUPPORT...........
080 FLYING HOUR PROGRAM........... 2,031,548 2,031,548
090 BASE SUPPORT.................. 1,540,444 1,478,444
Program decrease.......... [-62,000]
100 GLOBAL C3I AND EARLY WARNING.. 13,709 13,709
110 OTHER COMBAT OPS SPT PROGRAMS. 345,800 592,130
Realignment from Base to [246,330]
OCO.......................
120 CYBERSPACE ACTIVITIES......... 17,936 17,936
130 TACTICAL INTEL AND OTHER 36,820 36,820
SPECIAL ACTIVITIES...........
140 LAUNCH FACILITIES............. 70 70
150 SPACE CONTROL SYSTEMS......... 1,450 1,450
160 US NORTHCOM/NORAD............. 725 725
170 US STRATCOM................... 856 856
180 US CYBERCOM................... 35,189 35,189
190 US CENTCOM.................... 126,934 126,934
SUBTOTAL OPERATING FORCES. 16,160,805 16,407,135
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,271,439 1,511,439
Realignment from Base to [240,000]
OCO.......................
250 MOBILIZATION PREPAREDNESS..... 120,866 120,866
SUBTOTAL MOBILIZATION..... 1,392,305 1,632,305
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 200 200
270 RECRUIT TRAINING.............. 352 352
290 SPECIALIZED SKILL TRAINING.... 27,010 27,010
300 FLIGHT TRAINING............... 844 844
310 PROFESSIONAL DEVELOPMENT 1,199 1,199
EDUCATION....................
320 TRAINING SUPPORT.............. 1,320 1,320
SUBTOTAL TRAINING AND 30,925 30,925
RECRUITING................
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.......... 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES.. 11,782 11,782
400 ADMINISTRATION................ 3,886 3,886
410 SERVICEWIDE COMMUNICATIONS.... 355 355
420 OTHER SERVICEWIDE ACTIVITIES.. 100,831 100,831
450 INTERNATIONAL SUPPORT......... 29,928 29,928
455 CLASSIFIED PROGRAMS........... 34,502 34,502
SUBTOTAL ADMIN & SRVWD 345,985 345,985
ACTIVITIES................
TOTAL OPERATION & 17,930,020 18,416,350
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, SPACE
FORCE
OPERATING FORCES
020 GLOBAL C3I & EARLY WARNING.... 227 227
030 SPACE LAUNCH OPERATIONS....... 321 321
040 SPACE OPERATIONS.............. 15,135 15,135
070 DEPOT MAINTENANCE............. 18,268 18,268
080 CONTRACTOR LOGISTICS & SYSTEM 43,164 43,164
SUPPORT......................
SUBTOTAL OPERATING FORCES. 77,115 77,115
TOTAL OPERATION & 77,115 77,115
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT 24,408 24,408
MAINTENANCE..................
060 BASE SUPPORT.................. 5,682 5,682
SUBTOTAL OPERATING FORCES. 30,090 30,090
TOTAL OPERATION & 30,090 30,090
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS.... 3,739 3,739
030 DEPOT PURCHASE EQUIPMENT 61,862 61,862
MAINTENANCE..................
050 CONTRACTOR LOGISTICS SUPPORT 97,108 97,108
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 12,933 12,933
SUBTOTAL OPERATING FORCES. 175,642 175,642
TOTAL OPERATION & 175,642 175,642
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 3,799 3,799
020 JOINT CHIEFS OF STAFF--CE2T2.. 6,634 6,634
040 SPECIAL OPERATIONS COMMAND 898,024 893,024
COMBAT DEVELOPMENT ACTIVITIES
Maritime Support Vessel... [-5,000]
060 SPECIAL OPERATIONS COMMAND 1,244,553 1,214,553
INTELLIGENCE.................
Program decrease.......... [-30,000]
070 SPECIAL OPERATIONS COMMAND 354,951 354,951
MAINTENANCE..................
090 SPECIAL OPERATIONS COMMAND 104,535 104,535
OPERATIONAL SUPPORT..........
100 SPECIAL OPERATIONS COMMAND 757,744 732,744
THEATER FORCES...............
Unjustified growth........ [-25,000]
SUBTOTAL OPERATING FORCES. 3,370,240 3,310,240
ADMIN & SRVWIDE ACTIVITIES
180 DEFENSE CONTRACT AUDIT AGENCY. 1,247 1,247
210 DEFENSE CONTRACT MANAGEMENT 21,723 21,723
AGENCY.......................
280 DEFENSE INFORMATION SYSTEMS 56,256 56,256
AGENCY.......................
290 DEFENSE INFORMATION SYSTEMS 3,524 3,524
AGENCY--CYBER................
330 DEFENSE LEGAL SERVICES AGENCY. 156,373 156,373
350 DEFENSE MEDIA ACTIVITY........ 3,555 9,555
Stars and Stripes......... [6,000]
370 DEFENSE SECURITY COOPERATION 1,557,763 1,337,763
AGENCY.......................
Program increase--security [30,000]
cooperation...............
Transfer to Ukraine [-250,000]
Security Assistance.......
410 DEFENSE THREAT REDUCTION 297,486 297,486
AGENCY.......................
490 OFFICE OF THE SECRETARY OF 16,984 16,984
DEFENSE......................
530 WASHINGTON HEADQUARTERS 1,997 1,997
SERVICES.....................
535 CLASSIFIED PROGRAMS........... 535,106 535,106
SUBTOTAL ADMIN & SRVWIDE 2,652,014 2,438,014
ACTIVITIES................
TOTAL OPERATION AND 6,022,254 5,748,254
MAINTENANCE, DEFENSE-WIDE
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 250,000
INITIATIVE...................
Transfer from Defense [250,000]
Security Cooperation
Agency....................
SUBTOTAL UKRAINE SECURITY 250,000
ASSISTANCE................
TOTAL UKRAINE SECURITY 250,000
ASSISTANCE...............
TOTAL OPERATION & 58,179,782 57,972,082
MAINTENANCE..............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 150,524,104 149,384,304
Historical unobligated balances....... -924,000
Foreign Currency adjustments.......... -169,800
Standardization of payment of 50,000
hazardous duty incentive pay.........
Program decrease--Marine Corps........ -96,000
Medicare-Eligible Retiree Health Fund 8,372,741 8,372,741
Contributions........................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations....... 4,602,593 4,602,593
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE................ 32,551 32,551
ARMY SUPPLY MANAGEMENT.................. 24,166 24,166
TOTAL WORKING CAPITAL FUND, ARMY..... 56,717 56,717
WORKING CAPITAL FUND, AIR FORCE
WORKING CAPITAL FUND
WORKING CAPITAL FUND.................... 95,712 95,712
TOTAL WORKING CAPITAL FUND, AIR FORCE 95,712 95,712
WORKING CAPITAL FUND, DEFENSE-WIDE
WORKING CAPITAL FUND SUPPORT
WORKING CAPITAL FUND SUPPORT............ 49,821 49,821
TOTAL WORKING CAPITAL FUND, DEFENSE- 49,821 49,821
WIDE.................................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT............ 1,146,660 1,146,660
TOTAL WORKING CAPITAL FUND, DECA..... 1,146,660 1,146,660
NATIONAL DEFENSE SEALIFT FUND
SEALIFT RECAPITALIZATION................ 170,000
Accelerate design of a commercial- [50,000]
based sealift ship.................
Transfer from OMN-300 for [120,000]
acquisition of four used sealift
vessels............................
SHIP PREPOSITIONING AND SURGE........... 314,193
Transfer from OMN-290.............. [314,193]
EXPEDITIONARY HEALTH SERVICES........... 57,212
Transfer from OMN-320.............. [57,212]
TOTAL NATIONAL DEFENSE SEALIFT FUND.. 541,405
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M.............. 106,691 101,691
Program decrease................... [-5,000]
CHEM DEMILITARIZATION--RDT&E............ 782,193 774,193
Program decrease................... [-8,000]
CHEM DEMILITARIZATION--PROC............. 616 616
TOTAL CHEM AGENTS & MUNITIONS 889,500 876,500
DESTRUCTION..........................
DRUG INTERDICTION & CTR-DRUG ACTIVITIES,
DEF
COUNTER-NARCOTICS SUPPORT............... 546,203 546,203
DRUG DEMAND REDUCTION PROGRAM........... 123,704 123,704
NATIONAL GUARD COUNTER-DRUG PROGRAM..... 94,211 94,211
NATIONAL GUARD COUNTER-DRUG SCHOOLS..... 5,511 5,511
TOTAL DRUG INTERDICTION & CTR-DRUG 769,629 769,629
ACTIVITIES, DEF......................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL......... 368,279 384,536
Additional oversight of coronavirus [16,257]
relief.............................
OFFICE OF THE INSPECTOR GENERAL--CYBER
OFFICE OF THE INSPECTOR GENERAL--CYBER.. 1,204 1,204
OFFICE OF THE INSPECTOR GENERAL--RDTE... 1,098 1,098
OFFICE OF THE INSPECTOR GENERAL-- 858 858
PROCUREMENT............................
TOTAL OFFICE OF THE INSPECTOR GENERAL 371,439 387,696
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE........................... 9,560,564 9,565,564
Program decrease................... [-31,000]
Reverse DWR savings from downsizing [36,000]
MTFs...............................
PRIVATE SECTOR CARE..................... 15,841,887 15,841,887
CONSOLIDATED HEALTH SUPPORT............. 1,338,269 1,348,269
Global Emerging Infectious [10,000]
Surveillance Program...............
INFORMATION MANAGEMENT.................. 2,039,910 2,039,910
MANAGEMENT ACTIVITIES................... 330,627 330,627
EDUCATION AND TRAINING.................. 315,691 341,691
Health Professions Scholarship [10,000]
Program............................
Restoring funding for Tri-Service [6,000]
Nursing Research Program within
USUHS..............................
Reverse DWR cuts to USUHS.......... [10,000]
BASE OPERATIONS/COMMUNICATIONS.......... 1,922,605 1,927,605
Medical Surge Partnership Pilot.... [5,000]
R&D RESEARCH............................ 8,913 8,913
R&D EXPLORATRY DEVELOPMENT.............. 73,984 73,984
R&D ADVANCED DEVELOPMENT................ 225,602 225,602
R&D DEMONSTRATION/VALIDATION............ 132,331 132,331
R&D ENGINEERING DEVELOPMENT............. 55,748 70,748
Freeze-dried platelets............. [15,000]
R&D MANAGEMENT AND SUPPORT.............. 48,672 48,672
R&D CAPABILITIES ENHANCEMENT............ 17,215 17,215
PROC INITIAL OUTFITTING................. 22,932 22,932
PROC REPLACEMENT & MODERNIZATION........ 215,618 215,618
PROC MILITARY HEALTH SYSTEM--DESKTOP TO 70,872 70,872
DATACENTER.............................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 308,504 308,504
MODERNIZATION..........................
SOFTWARE & DIGITAL TECHNOLOGY PILOT 160,428 160,428
PROGRAMS...............................
UNDISTRIBUTED........................... -9,800
Foreign Currency adjustments....... [-9,800]
TOTAL DEFENSE HEALTH PROGRAM......... 32,690,372 32,741,572
TOTAL OTHER AUTHORIZATIONS........... 36,069,850 36,665,712
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE
ARMY SUPPLY MANAGEMENT...................... 20,090 20,090
TOTAL WORKING CAPITAL FUND, ARMY......... 20,090 20,090
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL............. 24,069 24,069
TOTAL OFFICE OF THE INSPECTOR GENERAL.... 24,069 24,069
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............................... 65,072 65,072
PRIVATE SECTOR CARE......................... 296,828 296,828
CONSOLIDATED HEALTH SUPPORT................. 3,198 3,198
TOTAL DEFENSE HEALTH PROGRAM............. 365,098 365,098
TOTAL OTHER AUTHORIZATIONS............... 409,257 409,257
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2021 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Alaska
Army Fort Wainwright Child Development Center.. 0 32,500
Army Fort Wainwright Unaccompanied Enlisted 0 59,000
Personnel Housing.
Arizona
Army Yuma Proving Ground Ready Building............ 14,000 14,000
Colorado
Army Fort Carson, Colorado Physical Fitness Facility. 28,000 28,000
Georgia
Army Fort Gillem Forensic Laboratory....... 71,000 71,000
Army Fort Gordon Adv Individual Training 80,000 80,000
Barracks Cplx, Ph3.
Hawaii
Army Fort Shafter Child Development Center-- 0 26,000
School Age.
Army Schofield Barracks Child Development Center.. 0 39,000
Army Wheeler Army Air Field Aircraft Maintenance 89,000 89,000
Hangar.
Louisiana
Army Fort Polk, Louisiana Information Systems 25,000 25,000
Facility.
Oklahoma
Army McAlester AAP Ammunition Demolition Shop 35,000 35,000
Pennsylvania
Army Carlisle Barracks General Instruction 38,000 0
Building, Incr2.
South Carolina
Army Fort Jackson Trainee Barracks Complex 0 7,000
3, Ph2.
Virginia
Army Humphreys Engineer Training Support Facility. 51,000 51,000
Center
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support....... 39,000 39,000
Locations
Army Unspecified Worldwide Planning and Design....... 129,436 69,436
Locations
Army Unspecified Worldwide Unspecified Minor 50,900 50,900
Locations Construction.
........................
Military Construction, Army Total 650,336 715,836
......................
Arizona
Navy Yuma Bachelor Enlisted Quarters 0 59,600
Replacement.
Bahrain Island
Navy SW Asia Ship to Shore Utility 68,340 68,340
Services.
California
Navy Camp Pendleton, 1st MARDIV Operations 68,530 68,530
California Complex.
Navy Camp Pendleton, I MEF Consolidated 37,000 37,000
California Information Center (Inc).
Navy Lemoore F-35C Hangar 6 Phase 2 128,070 98,070
(Mod 3/4).
Navy Lemoore F-35C Simulator Facility & 59,150 59,150
Electrical Upgrade.
Navy San Diego Pier 6 Replacement........ 128,500 98,500
Navy Twentynine Palms, Wastewater Treatment Plant 76,500 76,500
California
Greece
Navy Souda Bay Communication Center...... 50,180 50,180
Guam
Navy Andersen AFB Ordnance Operations Admin. 21,280 21,280
Navy Joint Region Marianas Bachelor Enlisted Quarters 80,000 0
H (Inc).
Navy Joint Region Marianas Base Warehouse............ 55,410 55,410
Navy Joint Region Marianas Central Fuel Station...... 35,950 35,950
Navy Joint Region Marianas Central Issue Facility.... 45,290 45,290
Navy Joint Region Marianas Combined EOD Facility..... 37,600 37,600
Navy Joint Region Marianas DAR Bridge Improvements... 40,180 40,180
Navy Joint Region Marianas DAR Road Strengthening.... 70,760 70,760
Navy Joint Region Marianas Distribution Warehouse.... 77,930 77,930
Navy Joint Region Marianas Individual Combat Skills 17,430 17,430
Training.
Navy Joint Region Marianas Joint Communication 166,000 22,000
Upgrade.
Hawaii
Navy Joint Base Pearl Waterfront Improve, 48,990 48,990
Harbor-Hickam Wharves S1,S11-13,S20-21.
Navy Joint Base Pearl Waterfront Improvements 65,910 65,910
Harbor-Hickam Wharves S8-S10.
Japan
Navy Yokosuka Pier 5 (Berths 2 and 3) 74,692 0
(Inc).
Maine
Navy Kittery Multi-Mission Drydock #1 160,000 160,000
Exten., Ph 1 (Inc).
Nevada
Navy Fallon Range Training Complex, 29,040 29,040
Phase 1.
North Carolina
Navy Camp Lejeune, North II MEF Operations Center 20,000 20,000
Carolina Replacement (Inc).
Spain
Navy Rota MH-60r Squadron Support 60,110 60,110
Facilities.
Virginia
Navy Norfolk E-2D Training Facility.... 30,400 30,400
Navy Norfolk MH60 & CMV-22B Corrosion 17,671 17,671
Control & Paint Fac.
Worldwide Unspecified
Navy Unspecified Worldwide Planning & Design......... 165,710 160,710
Locations
Navy Unspecified Worldwide Planning & Design--Indo- 0 5,000
Locations Pacific Command Posture
Initiatives.
Navy Unspecified Worldwide Unspecified Minor 38,983 38,983
Locations Construction.
........................
Military Construction, Navy Total 1,975,606 1,676,514
......................
California
AF Edwards AFB Flight Test Engineering 0 40,000
Laboratory Complex.
Colorado
AF Schriever AFB Consolidated Space 88,000 88,000
Operations Facility, Inc
2.
Florida
AF Eglin Advanced Munitions 0 35,000
Technology Complex.
Guam
AF Joint Region Marianas Stand Off Weapons Complex, 56,000 56,000
MSA 2.
Illinois
AF Scott Add/Alter Consolidated 0 3,000
Communications Facility.
Mariana Islands
AF Tinian Airfield Development Phase 20,000 0
1, Inc 2.
AF Tinian Fuel Tanks With Pipeline & 7,000 0
Hydrant Sys, Inc 2.
AF Tinian Parking Apron, Inc 2...... 15,000 0
Maryland
AF Joint Base Andrews Consolidated 0 13,000
Communications Center.
Montana
AF Malmstrom AFB Weapons Storage & 25,000 0
Maintenance Facility, Inc
2.
New Jersey
AF Joint Base McGuire-Dix- Munitions Storage Area.... 22,000 22,000
Lakehurst
Qatar
AF Al Udeid, Qatar Cargo Marshalling Yard.... 26,000 26,000
Texas
AF Joint Base San Antonio BMT Recruit Dormitory 8, 36,000 36,000
Inc 2.
AF Joint Base San Antonio T-X ADAL Ground Based Trng 19,500 19,500
Sys Sim.
Utah
AF Hill AFB GBSD Mission Integration 68,000 68,000
Facility, Inc 2.
Virginia
AF Joint Base Langley- Access Control Point Main 19,500 19,500
Eustis Gate With Land Acq.
Worldwide Unspecified
AF Unspecified Worldwide Planning & Design......... 296,532 149,649
Locations
AF Unspecified Worldwide Planning & Design--Indo- 0 5,000
Locations Pacific Command Posture
Initiatives.
AF Unspecified Worldwide Unspecified Minor 68,600 68,600
Locations Construction.
Wyoming
AF FE Warren Weapons Storage Facility.. 0 12,000
........................
Military Construction, Air Force Total 767,132 661,249
......................
Alabama
Def-Wide Anniston Army Depot Demilitarization Facility. 18,000 18,000
Def-Wide Fort Rucker Construct 10mw Generation 0 24,000
& Microgrid.
Alaska
Def-Wide Fort Greely Communications Center..... 48,000 48,000
Arizona
Def-Wide Fort Huachuca Laboratory Building....... 33,728 33,728
Def-Wide Yuma SOF Hangar................ 49,500 49,500
Arkansas
Def-Wide Fort Smith ANG PV Arrays and Battery 0 2,600
Storage.
California
Def-Wide Beale AFB Bulk Fuel Tank............ 22,800 22,800
Def-Wide Marine Corps Air Install 10 Mw Battery 11,646 11,646
Combat Center / Energy Storage for
Twenty Nine Palms Various Buildings.
Def-Wide Military Ocean Military Oceal Terminal 29,000 29,000
Terminal Concord Microgrid.
Def-Wide NAWS China Lake Solar Energy Storage 0 8,950
System.
Def-Wide NSA Monterey Cogeneration Plant at B236 10,540 10,540
Colorado
Def-Wide Fort Carson, Colorado SOF Tactical Equipment 15,600 15,600
Maintenance Facility.
Conus Unspecified
Def-Wide Conus Unspecified Training Target Structure. 14,400 14,400
District of Columbia
Def-Wide Joint Base Anacostia Industrial Controls System 0 8,749
Bolling Modernization.
Def-Wide Joint Base Anacostia Industrial Controls System 10,343 10,343
Bolling Modernization.
Def-Wide Joint Base Anacostia PV Carports............... 0 25,221
Bolling
Florida
Def-Wide Hurlburt Field SOF Combat Aircraft 38,310 38,310
Parking Apron-North.
Def-Wide Hurlburt Field SOF Special Tactics Ops 44,810 44,810
Facility (23 STS).
Georgia
Def-Wide Fort Benning Construct 4.8mw Generation 0 17,000
& Microgrid.
Germany
Def-Wide Rhine Ordnance Medical Center Replacement 200,000 200,000
Barracks Inc 9.
Italy
Def-Wide NSA Naples Smart Grid--NSA Naples.... 3,490 3,490
Japan
Def-Wide Def Fuel Support Point Fuel Wharf................ 49,500 49,500
Tsurumi
Def-Wide Yokosuka Kinnick High School Inc... 30,000 0
Kentucky
Def-Wide Fort Knox Van Voorhis Elementary 69,310 69,310
School.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition/Alteration 180,000 100,000
Hospital Incr 4.
Def-Wide Fort Meade NSAW Recapitalize Building 250,000 250,000
#3 Inc.
Def-Wide NSA Bethesda Nsab-16 Replace Chillers 3 0 13,840
Through 9.
Def-Wide NSA South Potomac CBIRF/IHEODTD/Housing 18,460 18,460
Potable Water.
Missouri
Def-Wide Fort Leonard Wood Hospital Replacement Inc 3 40,000 40,000
Def-Wide St Louis Next NGA West (N2W) 119,000 119,000
Complex Phase 2 Inc.
Def-Wide Whiteman AFB Install 10 Mw Combined 17,310 17,310
Heat and Power Plant.
Nevada
Def-Wide Creech AFB Central Standby Generators 32,000 32,000
New Mexico
Def-Wide Kirtland AFB Administrative Building... 46,600 46,600
North Carolina
Def-Wide Fort Bragg SOF Group Headquarters.... 53,100 53,100
Def-Wide Fort Bragg SOF Military Working Dog 17,700 17,700
Facility.
Def-Wide Fort Bragg SOF Operations Facility... 43,000 43,000
Def-Wide Fort Bragg SOTF Chilled Water Upgrade 0 6,100
Ohio
Def-Wide Wright-Patterson AFB Construct Intelligence 0 35,000
Facility Central Utility
Plant.
Def-Wide Wright-Patterson AFB Hydrant Fuel System....... 23,500 23,500
Tennessee
Def-Wide Memphis ANG PV Arrays and Battery 0 4,780
Storage.
Texas
Def-Wide Fort Hood, Texas Fuel Facilities........... 32,700 32,700
Virginia
Def-Wide Joint Expeditionary SOF Dcs Operations Fac. 54,500 54,500
Base Little Creek-- and Command Center.
Story
Def-Wide Joint Expeditionary SOF NSWG-2 Nswtg Css 58,000 58,000
Base Little Creek-- Facilities.
Story
Def-Wide Nmc Portsmouth / Retrofit Air Handling 611 611
Portsmouth Units From Constant
Volume Reheat to Variable
Air Volume.
Def-Wide Wallops Island Wallops Generation and 9,100 9,100
Distribution Resiliency
Improvements.
Washington
Def-Wide Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900
McChord Main).
Def-Wide Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900
McChord North).
Def-Wide Manchester Bulk Fuel Storage Tanks 82,000 82,000
Phase 1.
Worldwide Unspecified
Def-Wide Unspecified Worldwide ERCIP Design.............. 14,250 24,250
Locations
Def-Wide Unspecified Worldwide Exercise Related Minor 5,840 5,840
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design....... 48,696 48,696
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 53,620 53,620
Locations Construction.
Def-Wide Various Worldwide Planning and Design....... 97,030 97,030
Locations
Def-Wide Various Worldwide Unspecified Minor 9,726 9,726
Locations Construction.
........................
Military Construction, Defense-Wide Total 2,027,520 2,073,760
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 173,030 173,030
Investment Program Program.
........................
NATO Security Investment Program Total 173,030 173,030
......................
Arizona
Army NG Tucson National Guard Readiness 18,100 18,100
Center.
Colorado
Army NG Peterson AFB National Guard Readiness 15,000 15,000
Center.
Indiana
Army NG Shelbyville National Guard/Reserve 12,000 12,000
Center Building Add/Al.
Kentucky
Army NG Frankfort National Guard/Reserve 15,000 15,000
Center Building.
Mississippi
Army NG Brandon National Guard Vehicle 10,400 10,400
Maintenance Shop.
Nebraska
Army NG North Platte National Guard Vehicle 9,300 9,300
Maintenance Shop.
New Jersey
Army NG Joint Base McGuire-Dix- National Guard Readiness 15,000 15,000
Lakehurst Center.
Ohio
Army NG Columbus National Guard Readiness 15,000 15,000
Center.
Oregon
Army NG Hermiston Enlisted Barracks, 9,300 25,035
Transient Training.
Puerto Rico
Army NG Fort Allen National Guard Readiness 37,000 37,000
Center.
South Carolina
Army NG Joint Base Charleston National Guard Readiness 15,000 15,000
Center.
Tennessee
Army NG Mcminnville National Guard Readiness 11,200 11,200
Center.
Texas
Army NG Fort Worth Aircraft Maintenance 6,000 6,000
Hangar Addition/Alt.
Army NG Fort Worth National Guard Vehicle 7,800 7,800
Maintenance Shop.
Utah
Army NG Nephi National Guard Readiness 12,000 12,000
Center.
Virgin Islands
Army NG St. Croix Army Aviation Support 28,000 28,000
Facility (Aasf).
Army NG St. Croix CST Ready Building........ 11,400 11,400
Wisconsin
Army NG Appleton National Guard Readiness 11,600 11,600
Center Add/Alt.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design....... 29,593 29,593
Locations
Army NG Unspecified Worldwide Unspecified Minor 32,744 32,744
Locations Construction.
........................
Military Construction, Army National Guard Total 321,437 337,172
......................
Florida
Army Res Gainesville ECS TEMF/Warehouse........ 36,000 36,000
Massachusetts
Army Res Devens Reserve Forces Automated Multipurpose 8,700 8,700
Training Area Machine Gun Range.
North Carolina
Army Res Asheville Army Reserve Center/Land.. 24,000 24,000
Wisconsin
Army Res Fort McCoy Scout Reconnaissance Range 14,600 14,600
Army Res Fort McCoy Transient Trainee Barracks 0 2,500
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design....... 1,218 1,218
Locations
Army Res Unspecified Worldwide Unspecified Minor 3,819 3,819
Locations Construction.
........................
Military Construction, Army Reserve Total 88,337 90,837
......................
Maryland
N/MC Res Reisterstown Reserve Training Center, 39,500 39,500
Camp Fretterd, MD.
Utah
N/MC Res Hill AFB Naval Operational Support 25,010 25,010
Center.
Worldwide Unspecified
N/MC Res Unspecified Worldwide MCNR Minor Construction... 3,000 3,000
Locations
N/MC Res Unspecified Worldwide MCNR Planning & Design.... 3,485 3,485
Locations
........................
Military Construction, Naval Reserve Total 70,995 70,995
......................
Alabama
Air NG Montgomery Regional F-35 Simulator Facility... 11,600 11,600
Airport (ANG) Base
Guam
Air NG Joint Region Marianas Space Control Facility #5. 20,000 20,000
Maryland
Air NG Joint Base Andrews F-16 Mission Training 9,400 9,400
Center.
Texas
Air NG Joint Base San Antonio F-16 Mission Training 10,800 10,800
Center.
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 9,000 9,000
Locations Construction.
Air NG Various Worldwide Planning and Design....... 3,414 3,414
Locations
........................
Military Construction, Air National Guard Total 64,214 64,214
......................
Texas
AF Res Fort Worth F-35A Simulator Facility.. 14,200 14,200
Worldwide Unspecified
AF Res Unspecified Worldwide Planning & Design......... 3,270 3,270
Locations
AF Res Unspecified Worldwide Unspecified Minor 5,647 5,647
Locations Construction.
........................
Military Construction, Air Force Reserve Total 23,117 23,117
......................
Italy
FH Con Army Vicenza Family Housing New 84,100 84,100
Construction.
Kwajalein
FH Con Army Kwajalein Atoll Family Housing Replacement 32,000 32,000
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P & D...... 3,300 3,300
Locations
........................
Family Housing Construction, Army Total 119,400 119,400
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings............... 18,004 18,004
Locations
FH Ops Army Unspecified Worldwide Housing Privitization 37,948 62,948
Locations Support.
FH Ops Army Unspecified Worldwide Leasing................... 123,841 123,841
Locations
FH Ops Army Unspecified Worldwide Maintenance............... 97,789 97,789
Locations
FH Ops Army Unspecified Worldwide Management................ 39,716 39,716
Locations
FH Ops Army Unspecified Worldwide Miscellaneous............. 526 526
Locations
FH Ops Army Unspecified Worldwide Services.................. 8,135 8,135
Locations
FH Ops Army Unspecified Worldwide Utilities................. 41,183 41,183
Locations
........................
Family Housing Operation And Maintenance, Army Total 367,142 392,142
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements. 37,043 37,043
Locations
FH Con Navy Unspecified Worldwide Planning & Design......... 3,128 3,128
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning 2,726 2,726
Locations and Design.
........................
Family Housing Construction, Navy And Marine Corps Total 42,897 42,897
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings............... 17,977 17,977
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 53,700 78,700
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing................... 62,658 62,658
Locations
FH Ops Navy Unspecified Worldwide Maintenance............... 85,630 110,630
Locations
FH Ops Navy Unspecified Worldwide Management................ 51,006 51,006
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous............. 350 350
Locations
FH Ops Navy Unspecified Worldwide Services.................. 16,743 16,743
Locations
FH Ops Navy Unspecified Worldwide Utilities................. 58,429 58,429
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 346,493 396,493
......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements. 94,245 94,245
Locations
FH Con AF Unspecified Worldwide Planning & Design......... 2,969 2,969
Locations
........................
Family Housing Construction, Air Force Total 97,214 97,214
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings............... 25,805 25,805
Locations
FH Ops AF Unspecified Worldwide Housing Privatization..... 23,175 23,175
Locations
FH Ops AF Unspecified Worldwide Leasing................... 9,318 9,318
Locations
FH Ops AF Unspecified Worldwide Maintenance............... 140,666 165,666
Locations
FH Ops AF Unspecified Worldwide Management................ 64,732 99,732
Locations
FH Ops AF Unspecified Worldwide Miscellaneous............. 2,184 2,184
Locations
FH Ops AF Unspecified Worldwide Services.................. 7,968 7,968
Locations
FH Ops AF Unspecified Worldwide Utilities................. 43,173 43,173
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 317,021 377,021
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings............... 727 727
Locations
FH Ops DW Unspecified Worldwide Leasing................... 49,856 49,856
Locations
FH Ops DW Unspecified Worldwide Maintenance............... 32 32
Locations
FH Ops DW Unspecified Worldwide Utilities................. 4,113 4,113
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 54,728 54,728
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 5,897 5,897
Locations FHIF.
........................
DOD Family Housing Improvement Fund Total 5,897 5,897
......................
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 600 600
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 600 600
......................
Worldwide Unspecified
BRAC--Air Force Unspecified Worldwide DOD BRAC Activities--Air 109,222 109,222
Locations Force.
BRAC--Army Base Realignment & Base Realignment and 66,060 106,060
Closure, Army Closure.
BRAC--Navy Unspecified Worldwide Base Realignment & Closure 125,165 225,165
Locations
........................
Base Realignment and Closure--Total 300,447 440,447
......................
Total, Military Construction 7,813,563 7,813,563
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2021 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified
Army Unspecified Worldwide EDI: Minor Construction..... 3,970 3,970
Locations
Army Unspecified Worldwide EDI: Planning and Design.... 11,903 11,903
Locations
.........................
Military Construction, Army Total 15,873 15,873
.......................
Spain
Navy Rota EDI: EOD Boat Shop.......... 31,760 31,760
Navy Rota EDI: Expeditionary 27,470 27,470
Maintenance Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Planning & Design........... 10,790 10,790
Locations
.........................
Military Construction, Navy Total 70,020 70,020
.......................
Germany
AF Ramstein EDI: Rapid Airfield Damage 36,345 36,345
Repair Storage.
AF Spangdahlem AB EDI: Rapid Airfield Damage 25,824 25,824
Repair Storage.
Romania
AF Campia Turzii EDI: Dangerous Cargo Pad.... 11,000 11,000
AF Campia Turzii EDI: ECAOS DABS-FEV Storage 68,000 68,000
Complex.
AF Campia Turzii EDI: Parking Apron.......... 19,500 19,500
AF Campia Turzii EDI: POL Increase Capacity.. 32,000 32,000
Worldwide Unspecified
AF Unspecified Worldwide EDI: Unspecified Minor 16,400 16,400
Locations Military Construction.
AF Various Worldwide EDI: Planning & Design...... 54,800 54,800
Locations
.........................
Military Construction, Air Force Total 263,869 263,869
.......................
Total, Military Construction 349,762 349,762
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy........................ 137,800 137,800
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities.................. 15,602,000 15,602,000
Defense nuclear nonproliferation.... 2,031,000 2,111,000
Naval reactors...................... 1,684,000 1,684,000
Federal salaries and expenses....... 454,000 454,000
Total, National nuclear security 19,771,000 19,851,000
administration...........................
Environmental and other defense
activities:
Defense environmental cleanup....... 4,983,608 5,773,708
Other defense activities............ 1,054,727 899,289
Total, Environmental & other defense 6,038,335 6,672,997
activities...............................
Total, Atomic Energy Defense Activities... 25,809,335 26,523,997
Total, Discretionary Funding.............. 25,947,135 26,661,797
Nuclear Energy
Idaho sitewide safeguards and security.... 137,800 137,800
Total, Nuclear Energy..................... 137,800 137,800
Stockpile Management
Stockpile Major Modernization
B61-12 Life extension program......... 815,710 815,710
W88 Alt 370........................... 256,922 256,922
W80-4 Life extension program.......... 1,000,314 1,000,314
W87-1 Modification Program............ 541,000 541,000
W93................................... 53,000 53,000
Total, Stockpile Major Modernization...... 2,666,946 2,666,946
Stockpile services
Production Operations............... 568,941 568,941
Stockpile Sustainment............... 998,357 998,357
Weapons Dismantlement and 50,000 50,000
Disposition........................
Subtotal, Stockpile Services.............. 1,617,298 1,617,298
Total, Stockpile Management............... 4,284,244 4,284,244
Weapons Activities
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations... 610,599 610,599
21-D-512 Plutonium Pit Production 226,000 226,000
Project, LANL....................
Subtotal, Los Alamos Plutonium 836,599 836,599
Modernization............................
Savannah River Plutonium
Modernization
Savannah River Plutonium 200,000 200,000
Operations.......................
21-D-511 Savannah River Plutonium 241,896 241,896
Processing Facility, SRS.........
Subtotal, Savannah River Plutonium 441,896 441,896
Modernization............................
Enterprise Plutonium Support........ 90,782 90,782
Total, Plutonium Modernization............ 1,369,277 1,369,277
High Explosives and Energetics........ 67,370 67,370
Total, Primary Capability Modernization... 1,436,647 1,436,647
Secondary Capability Modernization...... 457,004 457,004
Tritium and Domestic Uranium Enrichment. 457,112 457,112
Non-Nuclear Capability Modernization.... 107,137 107,137
Total, Production Modernization........... 2,457,900 2,457,900
Stockpile Research, Technology, and
Engineering
Assessment Science...................... 773,111 773,111
Engineering and Integrated Assessments.. 337,404 337,404
Inertial Confinement Fusion............. 554,725 554,725
Advanced Simulation and Computing....... 732,014 732,014
Weapon Technology and Manufacturing 297,965 297,965
Maturation.............................
Academic Programs....................... 86,912 86,912
Total, Stockpile Research, Technology, and 2,782,131 2,782,131
Engineering..............................
Infrastructure and Operations
Operations of facilities................ 1,014,000 1,014,000
Safety and environmental operations..... 165,354 165,354
Maintenance and repair of facilities.... 792,000 792,000
Recapitalization:
Infrastructure and safety............. 670,000 670,000
Capability based investments.......... 149,117 149,117
Planning for Programmatic Construction 84,787 84,787
(Pre-CD-1)...........................
Total, Recapitalization................... 903,904 903,904
Construction:
21-D-510 HE Synthesis, Formulation, 31,000 31,000
and Production, PX...................
19-D-670 138kV Power Transmission 59,000 59,000
System Replacement, NNSS.............
18-D-690 Lithium Processing Facility, 109,405 109,405
Y-12.................................
18-D-620 Exascale Computing Facility 29,200 29,200
Modernization Project, LLNL..........
18-D-650 Tritium Finishing Facility, 27,000 27,000
SRS..................................
17-D-640, U1a Complex Enhancements 160,600 160,600
Project, NNSS........................
15-D-612 Emergency Operations Center, 27,000 27,000
LLNL.................................
15-D-611 Emergency Operations Center, 36,000 36,000
SNL..................................
15-D-302, TA-55 Reinvestments Project, 30,000 30,000
Phase 3, LANL........................
15-D-301, HE Science & Engineering 43,000 43,000
Facility, PX.........................
07-D-220-04 Transuranic Liquid Waste 36,687 36,687
Facility, LANL.......................
06-D-141 Uranium processing facility Y- 750,000 750,000
12, Oak Ridge, TN....................
04-D-125 Chemistry and Metallurgy 169,427 169,427
Research Replacement Project, LANL...
Total, Construction....................... 1,508,319 1,508,319
Total, Infrastructure and operations...... 4,383,577 4,383,577
Secure transportation asset
Operations and equipment................ 266,390 266,390
Program direction....................... 123,684 123,684
Total, Secure transportation asset........ 390,074 390,074
Defense Nuclear Security
Operations and maintenance.............. 815,895 815,895
Construction:
17-D-710 West end protected area 11,000 11,000
reduction project, Y-12..............
Total, Defense nuclear security........... 826,895 826,895
Information technology and cybersecurity.. 375,511 375,511
Legacy contractor pensions................ 101,668 101,668
Total, Weapons Activities................. 15,602,000 15,602,000
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security........ 66,391 66,391
Domestic radiological security........ 101,000 131,000
Container breach in Seattle, WA..... [30,000]
International radiological security... 73,340 73,340
Nuclear smuggling detection and 159,749 159,749
deterrence...........................
Total, Global material security........... 400,480 430,480
Material management and minimization
HEU reactor conversion................ 170,000 170,000
Nuclear material removal.............. 40,000 40,000
Material disposition.................. 190,711 190,711
Total, Material management & minimization. 400,711 400,711
Nonproliferation and arms control....... 138,708 138,708
National Technical Nuclear Forensics R&D 40,000 40,000
Defense nuclear nonproliferation R&D
Proliferation Detection............... 235,220 265,220
Nuclear verification and detection, [30,000]
next-gen technologies..............
Nuclear Detonation Detection.......... 236,531 236,531
Nonproliferation Stewardship Program.. 59,900 59,900
LEU Research and Development.......... 0 20,000
LEU R&D for Naval Pressurized Water [20,000]
Reactors...........................
Total, Defense nuclear nonproliferation 531,651 581,651
R&D......................................
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 148,589 148,589
Project, SRS.........................
Total, Nonproliferation construction...... 148,589 148,589
Total, Defense Nuclear Nonproliferation 1,660,139 1,740,139
Programs.................................
Legacy contractor pensions................ 14,348 14,348
Nuclear counterterrorism and incident 377,513 377,513
response program.........................
Use of Prior Year Balances................ -21,000 -21,000
Total, Defense Nuclear Nonproliferation... 2,031,000 2,111,000
Naval Reactors
Naval reactors development................ 590,306 590,306
Columbia-Class reactor systems development 64,700 64,700
S8G Prototype refueling................... 135,000 135,000
Naval reactors operations and 506,294 506,294
infrastructure...........................
Construction:
21-D-530 KL Steam and Condensate 4,000 4,000
Upgrades...............................
14-D-901 Spent fuel handling 330,000 330,000
recapitalization project, NRF..........
Total, Construction....................... 334,000 334,000
Program direction......................... 53,700 53,700
Total, Naval Reactors..................... 1,684,000 1,684,000
Federal Salaries And Expenses
Program direction......................... 454,000 454,000
Total, Office Of The Administrator........ 454,000 454,000
Defense Environmental Cleanup
Closure sites:
Closure sites administration............ 4,987 4,987
Richland:
River corridor and other cleanup 54,949 235,949
operations.............................
Program restoration................... [181,000]
Central plateau remediation............. 498,335 658,335
Program restoration................... [160,000]
Richland community and regulatory 2,500 10,100
support................................
Program restoration................... [7,600]
Total, Hanford site....................... 555,784 904,384
Office of River Protection:
Waste Treatment Immobilization Plant 50,000 50,000
Commissioning..........................
Rad liquid tank waste stabilization and 597,757 597,757
disposition............................
Tank farm activities.................... 0 180,000
Program restoration................... [180,000]
Construction:
18-D-16 Waste treatment and 609,924 779,924
immobilization plant--LBL/Direct feed
LAW..................................
Program restoration................. [170,000]
Total, Construction....................... 609,924 779,924
Total, Office of River Protection......... 1,257,681 1,607,681
Idaho National Laboratory:
Idaho cleanup and waste disposition..... 257,554 257,554
Idaho community and regulatory support.. 2,400 2,400
Total, Idaho National Laboratory.......... 259,954 259,954
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory.. 1,764 1,764
Nuclear facility D & D
Separations Process Research Unit..... 15,000 15,000
Nevada................................ 60,737 60,737
Sandia National Laboratories.......... 4,860 4,860
Los Alamos National Laboratory........ 120,000 165,000
Program increase.................... [45,000]
Total, NNSA sites and Nevada off-sites.... 202,361 247,361
Oak Ridge Reservation:
OR Nuclear facility D & D............... 109,077 109,077
Total, OR Nuclear facility D & D.......... 109,077 109,077
U233 Disposition Program................ 45,000 45,000
OR cleanup and disposition.............. 58,000 58,000
Construction:
17-D-401 On-site waste disposal 22,380 22,380
facility...........................
14-D-403 Outfall 200 Mercury 20,500 20,500
Treatment Facility.................
Total, Construction....................... 42,880 42,880
Total, OR cleanup and waste disposition... 145,880 145,880
OR community & regulatory support....... 4,930 4,930
OR technology development and deployment 3,000 3,000
Total, Oak Ridge Reservation.............. 262,887 262,887
Savannah River Sites:
Savannah River risk management
operations
Savannah River risk management 455,122 495,122
operations...........................
H-Canyon not placed into stand-by [40,000]
condition..........................
Total, risk management operations......... 455,122 495,122
SR community and regulatory support..... 4,989 11,489
Secure payment in lieu of taxes [6,500]
funding..............................
Radioactive liquid tank waste 970,332 970,332
stabilization and disposition..........
Construction:
20-D-402 Advanced Manufacturing 25,000 25,000
Collaborative Facility (AMC).......
18-D-402 Saltstone Disposal Unit #8/ 65,500 65,500
9..................................
17-D-402 Saltstone Disposal Unit #7. 10,716 10,716
Total, Construction....................... 101,216 101,216
Total, Savannah River site................ 1,531,659 1,578,159
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant............. 323,260 323,260
Construction:
15-D-412 Utility Saft................. 50,000 50,000
21-D-401 Hoisting Capability Project.. 10,000 10,000
Total, Construction....................... 60,000 60,000
Total, Waste Isolation Pilot Plant........ 383,260 383,260
Program direction......................... 275,285 275,285
Program support........................... 12,979 12,979
Technology development.................... 25,000 25,000
Safeguards and Security
Safeguards and Security................. 320,771 320,771
Total, Safeguards and Security............ 320,771 320,771
Prior year balances credited.............. -109,000 -109,000
Total, Defense Environmental Cleanup...... 4,983,608 5,773,708
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security 134,320 134,320
Program direction....................... 75,368 75,368
Total, Environment, Health, safety and 209,688 209,688
security.................................
Independent enterprise assessments
Independent enterprise assessments...... 26,949 26,949
Program direction....................... 54,635 54,635
Total, Independent enterprise assessments. 81,584 81,584
Specialized security activities........... 258,411 258,411
Office of Legacy Management
Legacy management....................... 293,873 138,435
Rejection of proposed transfer........ [-155,438]
Program direction....................... 23,120 23,120
Total, Office of Legacy Management........ 316,993 161,555
Defense related administrative support.... 183,789 183,789
Office of hearings and appeals............ 4,262 4,262
Subtotal, Other defense activities........ 1,054,727 899,289
Total, Other Defense Activities........... 1,054,727 899,289
------------------------------------------------------------------------
DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020
SEC. 5001. SHORT TITLE.
This division may be cited as the ``National Artificial
Intelligence Initiative Act of 2020''.
SEC. 5002. FINDINGS.
Congress finds the following:
(1) Artificial intelligence is a tool that has the
potential to change and possibly transform every sector of the
United States economy and society.
(2) The Federal Government should continue to play an
important role advancing research, development, standards, and
education activities in artificial intelligence through
coordination and collaboration between government, academia,
and the private sector to leverage the intellectual, physical,
and digital resources of each stakeholder.
(3) The Federal Government lacks clear understanding of the
capabilities of artificial intelligence and its potential to
affect various social and economic sectors, including ethical
concerns, national security implications, and workforce
impacts.
(4) Researchers from academia, Federal laboratories, and
much of the private sector have limited access to many high-
quality datasets, computing resources, or real-world testing
environments to design and deploy safe and trustworthy
artificial intelligence systems.
(5) There is a lack of standards and benchmarking for
artificial intelligence systems that academia and the public
and private sectors can use to evaluate the performance of
these systems before and after deployment.
(6) Artificial intelligence is increasingly becoming a
highly interdisciplinary field with expertise required from a
diverse range of scientific and other scholarly disciplines
that traditionally work independently and continue to face
cultural and institutional barriers to large scale
collaboration.
(7) Current Federal investments and funding mechanisms are
largely insufficient to incentivize and support the large-scale
interdisciplinary and public-private collaborations that will
be required to advance trustworthy artificial intelligence
systems in the United States.
(8) The United States education pipeline for artificial
intelligence fields faces significant challenges. Not only does
the artificial intelligence research field lack the gender and
racial diversity of the American population as a whole, but it
is failing to both retain researchers and adequately support
educators to meet the demands of the next generation of
students studying artificial intelligence.
(9) In order to help drive forward advances in trustworthy
artificial intelligence across all sectors and to the benefit
of all Americans, the Federal Government must provide
sufficient resources and use its convening power to facilitate
the growth of artificial intelligence human capital, research,
and innovation capacity in academia and other nonprofit
research organizations, companies of all sizes and across all
sectors, and within the Federal Government.
SEC. 5003. DEFINITIONS.
In this division:
(1) Advisory committee.--The term ``Advisory Committee''
means the National Artificial Intelligence Advisory Committee
established under section 5104(a).
(2) Agency head.--The term ``agency head'' means the head
of any Executive agency (as defined in section 105 of title 5,
United States Code).
(3) Artificial intelligence.--The term ``artificial
intelligence'' means a machine-based system that can, for a
given set of human-defined objectives, make predictions,
recommendations or decisions influencing real or virtual
environments. Artificial intelligence systems use machine and
human-based inputs to--
(A) perceive real and virtual environments;
(B) abstract such perceptions into models through
analysis in an automated manner; and
(C) use model inference to formulate options for
information or action.
(4) Initiative.--The term ``Initiative'' means the National
Artificial Intelligence Initiative established under section
5101(a).
(5) Initiative office.--The term ``Initiative Office''
means the National Artificial Intelligence Initiative Office
established under section 5102(a).
(6) Institute.--The term ``Institute'' means an Artificial
Intelligence Research Institute described in section
5201(b)(1).
(7) Interagency committee.--The term ``Interagency
Committee'' means the interagency committee established under
section 5103(a).
(8) K-12 education.--The term ``K-12 education'' means
elementary school and secondary education, as such terms are
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(9) Machine learning.--The term ``machine learning'' means
an application of artificial intelligence that is characterized
by providing systems the ability to automatically learn and
improve on the basis of data or experience, without being
explicitly programmed.
TITLE I--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE
SEC. 5101. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE.
(a) Establishment; Purposes.--The President shall establish and
implement an initiative to be known as the ``National Artificial
Intelligence Initiative''. The purposes of the Initiative shall be to--
(1) ensure continued United States leadership in artificial
intelligence research and development;
(2) lead the world in the development and use of
trustworthy artificial intelligence systems in the public and
private sectors;
(3) maximize the benefits of artificial intelligence
systems for all American people; and
(4) prepare the present and future United States workforce
for the integration of artificial intelligence systems across
all sectors of the economy and society.
(b) Initiative Activities.--In carrying out the Initiative, the
President, acting through the Initiative Office, the Interagency
Committee, and agency heads as the President considers appropriate,
shall carry out activities that include the following:
(1) Sustained, consistent, and coordinated support for
artificial intelligence research and development through
grants, cooperative agreements, testbeds, and access to data
and computing resources.
(2) Support for the development of voluntary standards,
best practices, and benchmarks for the development and use of
trustworthy artificial intelligence systems.
(3) Support for educational programs at all levels, in both
formal and informal learning environments, to prepare the
American workforce and the general public to be able to use and
interact with artificial intelligence systems, as well as adapt
to the potentially transformative impact of artificial
intelligence on society and the economy.
(4) Support for interdisciplinary research, education, and
training programs for students and researchers that promote
learning in the methods and systems used in artificial
intelligence and foster interdisciplinary perspectives and
collaborations among subject matter experts in relevant fields,
including computer science, mathematics, statistics,
engineering, social sciences, psychology, behavioral science,
ethics, security, legal scholarship, and other disciplines that
will be necessary to advance artificial intelligence research
and development responsibly.
(5) Support for partnerships to leverage knowledge,
computing resources, access to open datasets, and other
resources from industry, government, nonprofit organizations,
Federal laboratories, State programs, and institutions of
higher education to advance activities under the Initiative.
(6) Interagency planning and coordination of Federal
artificial intelligence research, development, demonstration,
standards engagement, and other activities under the
Initiative.
(7) Establish the public sector infrastructure and
artificial intelligence capabilities necessary to respond to
pressing national challenges, including economic and public
health emergencies such as pandemics.
(8) Outreach to diverse stakeholders, including citizen
groups and industry, to ensure public input is taken into
account in the activities of the Initiative.
(9) Leveraging existing Federal investments to advance
objectives of the Initiative.
(10) Support for a network of interdisciplinary artificial
intelligence research institutes, as described in section
5201(b)(7)(B).
(11) Support opportunities for international cooperation
with strategic allies, as appropriate, on the research and
development, assessment, and resources for trustworthy
artificial intelligence systems and the development of
voluntary consensus standards for those systems.
SEC. 5102. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE OFFICE.
(a) In General.--The Director of the Office of Science and
Technology Policy shall establish or designate, and appoint a director
of, an office to be known as the ``National Artificial Intelligence
Initiative Office'' to carry out the responsibilities described in
subsection (b) with respect to the Initiative. The Initiative Office
shall have sufficient staff to carry out such responsibilities,
including staff detailed from the Federal departments and agencies
described in section 5103(c).
(b) Responsibilities.--The Director of the Initiative Office
shall--
(1) provide technical and administrative support to the
Interagency Committee and the Advisory Committee;
(2) serve as the point of contact on Federal artificial
intelligence activities carried out under the Initiative for
Federal departments and agencies, industry, academia, nonprofit
organizations, professional societies, State governments, and
such other persons as the Initiative Office considers
appropriate to exchange technical and programmatic information;
(3) conduct regular public outreach to diverse
stakeholders, including through the convening of conferences
and educational events, the publication of information about
significant Initiative activities on a publicly available
website, and the dissemination of findings and recommendations
of the Advisory Committee, as appropriate; and
(4) promote access to and early adoption of the
technologies, innovations, lessons learned, and expertise
derived from Initiative activities to agency missions and
systems across the Federal Government, and to industry,
including startup companies.
(c) Funding Estimate.--The Director of the Office of Science and
Technology Policy shall develop an estimate of the funds necessary to
carry out the activities of the Initiative Coordination Office,
including an estimate of how much each participating Federal department
and agency described in section 5103(c) will contribute to such funds,
and submit such estimate to Congress not later than 90 days after the
enactment of this Act. The Director shall update this estimate each
year based on participating agency investments in artificial
intelligence.
SEC. 5103. COORDINATION BY INTERAGENCY COMMITTEE.
(a) Interagency Committee.--The Director of the Office of Science
and Technology Policy, acting through the National Science and
Technology Council, shall establish or designate an Interagency
Committee to coordinate Federal programs and activities in support of
the Initiative.
(b) Co-Chairs.--The Interagency Committee shall be co-chaired by
the Director of the Office of Science and Technology Policy and, on an
annual rotating basis, a representative from the National Institute of
Standards and Technology, the National Science Foundation, or the
Department of Energy, as selected by the Director of the Office of
Science and Technology Policy.
(c) Agency Participation.--The Committee shall include
representatives from--
(1) the National Institute of Standards and Technology;
(2) the National Science Foundation;
(3) the Department of Energy;
(4) the National Aeronautics and Space Administration;
(5) the Department of Defense;
(6) the Defense Advanced Research Projects Agency;
(7) the Department of Commerce;
(8) the Office of the Director of National Intelligence;
(9) the Office of Management and Budget;
(10) the Office of Science and Technology Policy;
(11) the Department of Health and Human Services;
(12) the Department of Education;
(13) the Department of Labor;
(14) the Department of the Treasury;
(15) the General Services Administration;
(16) the Department of Transportation;
(17) the Department of State;
(18) the Privacy and Civil Liberties Oversight Board;
(19) the Department of Veterans Affairs;
(20) the National Oceanic and Atmospheric Administration;
and
(21) any other Federal agency as considered appropriate by
the Director of the Office of Science and Technology Policy.
(d) Responsibilities.--The Interagency Committee shall--
(1) provide for interagency coordination of Federal
artificial intelligence research, development, and
demonstration activities, development of voluntary consensus
standards and guidelines for research, development, testing,
and adoption of ethically developed, safe, and trustworthy
artificial intelligence systems, and education and training
activities and programs of Federal departments and agencies
undertaken pursuant to the Initiative;
(2) not later than 2 years after the date of the enactment
of this Act, develop a strategic plan for artificial
intelligence (to be updated not less than every 3 years) that--
(A) establishes goals, priorities, and metrics for
guiding and evaluating the Initiative's activities; and
(B) describes how the agencies carrying out the
Initiative will--
(i) determine and prioritize areas of
artificial intelligence research, development,
and demonstration requiring Federal Government
leadership and investment;
(ii) support long-term funding for
interdisciplinary artificial intelligence
research, development, demonstration, education
and public outreach activities;
(iii) support research and other activities
on ethical, legal, environmental, safety,
security, and other appropriate societal issues
related to artificial intelligence;
(iv) provide or facilitate the availability
of curated, standardized, secure,
representative, and privacy-protected data sets
for artificial intelligence research and
development;
(v) provide or facilitate the necessary
computing, networking, and data facilities for
artificial intelligence research and
development;
(vi) support and coordinate Federal
education and workforce activities related to
artificial intelligence;
(vii) reduce barriers to transferring
artificial intelligence systems from the
laboratory into application for the benefit of
society and United States competitiveness;
(viii) support and coordinate the network
of artificial intelligence research institutes
described in section 5201(b)(7)(B);
(ix) in consultation with the Council of
Economic Advisers, measure and track the
contributions of artificial intelligence to
United States economic growth and other
societal indicators;
(x) leverage the resources of the
Initiative to respond to pressing national
challenges, including economic and public
health emergencies such as pandemics; and
(xi) protect the privacy rights and civil
liberties of individuals;
(3) propose an annually coordinated interagency budget for
the Initiative to the Office of Management and Budget that is
intended to ensure that the balance of funding across the
Initiative is sufficient to meet the goals and priorities
established for the Initiative; and
(4) in carrying out this section, take into consideration
the recommendations of the Advisory Committee, existing reports
on related topics, and the views of academic, State, industry,
and other appropriate groups.
(e) Annual Report.--For each fiscal year beginning with fiscal year
2022, not later than 90 days after submission of the President's annual
budget request for such fiscal year, the Interagency Committee shall
prepare and submit to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report that includes--
(1) a summarized budget in support of the Initiative for
such fiscal year and the preceding fiscal year, including a
disaggregation of spending for each Federal agency
participating in the Initiative and for the development and
acquisition of any research facilities and instrumentation; and
(2) an assessment of how Federal agencies are implementing
the plan described in subsection (d)(2), and a description of
those efforts.
SEC. 5104. NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY COMMITTEE.
(a) In General.--The Secretary of Energy shall, in consultation
with the Director of the Office of Science and Technology Policy,
establish an advisory committee to be known as the ``National
Artificial Intelligence Advisory Committee''.
(b) Qualifications.--The Advisory Committee shall consist of
members, appointed by the Secretary of Energy, who are representing
broad and interdisciplinary expertise and perspectives, including from
academic institutions, companies across diverse sectors, nonprofit and
civil society entities, and Federal laboratories, that are qualified to
provide advice and information on science and technology research,
development, ethics, standards, education, technology transfer,
commercial application, security, and economic competitiveness related
to artificial intelligence.
(c) Membership Consideration.--In selecting the members of the
Advisory Committee, the Secretary of Energy may seek and give
consideration to recommendations from the Congress, industry, nonprofit
organizations, the scientific community (including the National Academy
of Sciences, scientific professional societies, and academic
institutions), the defense community, and other appropriate
organizations.
(d) Duties.--The Advisory Committee shall advise the President and
the Initiative Office on matters related to the Initiative, including
recommendations related to--
(1) the current state of United States competitiveness and
leadership in artificial intelligence, including the scope and
scale of United States investments in artificial intelligence
research and development in the international context;
(2) the progress made in implementing the Initiative,
including a review of the degree to which the Initiative has
achieved the goals under the metrics established by the
Interagency Committee under section 5103(d)(2);
(3) the state of the science around artificial
intelligence, including progress towards artificial general
intelligence;
(4) the workforce of the United States, including matters
relating to the potential for using artificial intelligence for
rapid retraining of workers, due to the possible effect of
technological displacement and to increase the labor force
participation of traditionally underrepresented populations,
including minorities, low-income populations, and persons with
disabilities;
(5) how to leverage the resources of the initiative to
streamline operations in various areas of government
operations, including health care, cybersecurity,
infrastructure, and disaster recovery;
(6) the need to update the Initiative;
(7) the balance of activities and funding across the
Initiative;
(8) whether the strategic plan developed or updated by the
Interagency Committee established under section 5103(d)(2) is
helping to maintain United States leadership in artificial
intelligence;
(9) the management, coordination, and activities of the
Initiative;
(10) whether ethical, legal, safety, security, and other
appropriate societal issues are adequately addressed by the
Initiative;
(11) opportunities for international cooperation with
strategic allies on artificial intelligence research activities
and standards development; and
(12) how artificial intelligence can enhance opportunities
for diverse geographic regions of the United States, including
urban and rural communities.
(e) Reports.--Not later than 1 year after the date of the enactment
of this Act, and not less frequently than once every 3 years
thereafter, the Advisory Committee shall submit to the President, the
Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, a report on the Advisory Committee's
findings and recommendations under subsection (d).
(f) Travel Expenses of Non-Federal Members.--Non-Federal members of
the Advisory Committee, while attending meetings of the Advisory
Committee or while otherwise serving at the request of the head of the
Advisory Committee away from their homes or regular places of business,
may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United States
Code, for individuals in the Government serving without pay. Nothing in
this subsection shall be construed to prohibit members of the Advisory
Committee who are officers or employees of the United States from being
allowed travel expenses, including per diem in lieu of subsistence, in
accordance with existing law.
(g) FACA Exemption.--The Secretary of Energy shall charter the
Advisory Committee in accordance with the Federal Advisory Committee
Act (5 U.S.C. App.), except that the Advisory Committee shall be exempt
from section 14 of such Act.
SEC. 5105. NATIONAL ACADEMIES ARTIFICIAL INTELLIGENCE IMPACT STUDY ON
WORKFORCE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the National Science Foundation shall enter into
a contract with the National Research Council of the National Academies
of Sciences, Engineering, and Medicine to conduct a study of the
current and future impact of artificial intelligence on the workforce
of the United States across sectors.
(b) Contents.--The study shall address--
(1) workforce impacts across sectors caused by the
increased adoption of artificial intelligence, automation, and
other related trends;
(2) workforce needs and employment opportunities generated
by the increased adoption of artificial intelligence across
sectors;
(3) opportunities for artificial intelligence to increase
the labor force participation of traditionally underrepresented
populations, including minorities, low-income populations, and
persons with disabilities;
(4) research gaps and data needed to better understand and
track both workforce impacts and workforce needs and
opportunities generated by adoption of artificial intelligence
systems across sectors; and
(5) recommendations to address the challenges and
opportunities described in paragraphs (1), (2), (3), and (4).
(c) Stakeholders.--In conducting the study, the National Academies
of Sciences, Engineering, and Medicine shall seek input from a wide
range of stakeholders in the public and private sectors.
(d) Report to Congress.--The contract entered into under subsection
(a) shall require the National Academies of Sciences, Engineering, and
Medicine, not later than 2 years after the date of the enactment of
this Act, to--
(1) submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing the findings and recommendations of the study
conducted under subsection (a); and
(2) make a copy of such report available on a publicly
accessible website.
SEC. 5106. GAO REPORT ON COMPUTATIONAL NEEDS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study of artificial intelligence computer hardware and
computing required in order to maintain United States leadership in
artificial intelligence research and development. The Comptroller
General shall--
(1) assess the composition of civilian computing resources
supported by the Federal Government at universities and Federal
Laboratories, including programs with laboratory computing,
high performance computing, cloud computing, quantum computing,
edge computing, and other computing resources;
(2) evaluate projected needs for computing consumption and
performance required by the public and private sector for the
training, auditing, validation, testing, and use of artificial
intelligence over the next 5 years; and
(3) offer recommendations to meet these projected needs.
SEC. 5107. NATIONAL AI RESEARCH RESOURCE TASK FORCE.
(a) Establishment of Task Force.--
(1) Establishment.--
(A) In general.--The Director of the National
Science Foundation, in coordination with the Office of
Science and Technology Policy, shall establish a task
force--
(i) to investigate the feasibility and
advisability of establishing and sustaining a
national artificial intelligence research
resource; and
(ii) to propose a roadmap detailing how
such resource should be established and
sustained.
(B) Designation.--The task force established by
subparagraph (A) shall be known as the ``National
Artificial Intelligence Research Resource Task Force''
(in this section referred to as the ``Task Force'').
(2) Membership.--
(A) Composition.--The Task Force shall be composed
of 12 members selected by the co-chairpersons of the
Task Force from among technical experts in artificial
intelligence or related subjects, of whom--
(i) 4 shall be representatives from the
Interagency Committee established in section
5103, including the co-chairpersons of the Task
Force;
(ii) 4 shall be representatives from
institutions of higher education (as such term
is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)); and
(iii) 4 shall be representatives from
private organizations.
(B) Appointment.--Not later than 120 days after
enactment of this Act, the co-chairpersons of the Task
Force shall appoint members to the Task Force pursuant
to subparagraph (A).
(C) Term of appointment.--Members of the Task Force
shall be appointed for the life of the Task Force.
(D) Vacancy.--Any vacancy occurring in the
membership of the Task Force shall be filled in the
same manner in which the original appointment was made.
(E) Co-chairpersons.--The Director of the Office of
Science and Technology Policy and the Director of the
National Sciences Foundation, or their designees, shall
be the co-chairpersons of the Task Force. If the role
of the Director of the National Science Foundation is
vacant, the Chair of the National Science Board shall
act as a co-chairperson of the Task Force.
(F) Expenses for non-federal members.--Non-Federal
Members of the Task Force shall be allowed travel
expenses, including per diem in lieu of subsistence, at
rates authorized for employees under subchapter I of
chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the
performance of services for the Task Force.
(b) Roadmap and Implementation Plan.--
(1) In general.--The Task Force shall develop a coordinated
roadmap and implementation plan for creating and sustaining a
National Artificial Intelligence Research Resource.
(2) Contents.--The roadmap and plan required by paragraph
(1) shall include the following:
(A) Goals for establishment and sustainment of a
national artificial intelligence research resource and
metrics for success.
(B) A plan for ownership and administration of the
National Artificial Intelligence Research Resource,
including--
(i) an appropriate agency or organization
responsible for the implementation, deployment,
and administration of the Resource; and
(ii) a governance structure for the
resource, including oversight and decision-
making authorities.
(C) A model for governance and oversight to
establish strategic direction, make programmatic
decisions, and manage the allocation of resources.
(D) Capabilities required to create and maintain a
shared computing infrastructure to facilitate access to
computing resources for researchers across the country,
including scalability, secured access control, resident
data engineering and curation expertise, provision of
curated, data sets, compute resources, educational
tools and services, and a user interface portal.
(E) An assessment of, and recommend solutions to,
barriers to the dissemination and use of high-quality
government data sets as part of the national artificial
intelligence research resource.
(F) An assessment of security requirements
associated with the national artificial intelligence
research resource and its research and recommend a
framework for the management of access controls.
(G) An assessment of privacy and civil liberties
requirements associated with the national artificial
intelligence research resource and its research.
(H) A plan for sustaining the resources, including
through Federal funding and partnerships with the
private sector.
(I) The parameters for the establishment and
sustainment of the national artificial intelligence
resource, including agency roles and responsibilities
and milestones to implement the resource.
(c) Consultations.--In conducting its duties required under
subsection (b), the Task Force shall consult with the following:
(1) The National Science Foundation.
(2) The Office of Science and Technology Policy.
(3) The National Academies of Sciences, Engineering, and
Medicine.
(4) The National Institute of Standards and Technology.
(5) The Defense Advanced Research Projects Agency.
(6) The Intelligence Advanced Research Projects Activity.
(7) The Department of Energy.
(8) The Department of Defense.
(9) The General Services Administration.
(10) Private industry.
(11) Institutions of higher education.
(12) Such other persons as the Task Force considers
appropriate.
(d) Staff.--Staff of the Task Force shall comprise detailees with
expertise in artificial intelligence, or related fields from the Office
of Science and Technology Policy, the National Science Foundation, or
any other agency the co-chairs deem appropriate, with the consent of
the head of the agency. The co-chairs shall also be authorized to hire
staff from outside the Federal government for the duration of the task
force.
(e) Task Force Reports.--
(1) Initial report.--Not later than 12 months after the
date on which all of the appointments have been made under
subsection (a)(2)(B), the Task Force shall submit to Congress
and the President an interim report containing the findings,
conclusions, and recommendations of the Task Force. The report
shall include specific recommendations regarding steps the Task
Force believes necessary for the establishment and sustainment
of a national artificial intelligence research resource.
(2) Final report.--Taking into account the findings of the
Government Accountability Office report required in section 106
of this Act, not later than 6 months after the submittal of the
interim report under paragraph (1), the Task Force shall submit
to Congress and the President a final report containing the
findings, conclusions, and recommendations of the Task Force,
including the specific recommendations required by subsection
(b).
(f) Termination.--
(1) In general.--The Task Force shall terminate 90 days
after the date on which it submits the final report under
subsection (e)(2).
(2) Records.--Upon termination of the Task Force, all of
its records shall become the records of the National Archives
and Records Administration.
(g) Definitions.--In this section:
(1) National artificial intelligence research resource and
resource.--The terms ``National Artificial Intelligence
Research Resource'' and ``Resource'' mean a system that
provides researchers and students across scientific fields and
disciplines with access to compute resources, co-located with
publicly-available, artificial intelligence-ready government
and non-government data sets and a research environment with
appropriate educational tools and user support.
(2) Ownership.--The term ``ownership'' means responsibility
and accountability for the implementation, deployment, and
ongoing development of the National Artificial Intelligence
Research Resource, and for providing staff support to that
effort.
SEC. 5108. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) artificial intelligence systems have the potential to
transform every sector of the United States economy, boosting
productivity, enhancing scientific research, and increasing
U.S. competitiveness; and
(2) the United States Government should use this Initiative
to enable the benefits of trustworthy artificial intelligence
while preventing the creation and use of artificial
intelligence systems that behave in ways that cause harm,
including--
(A) high-risk systems that lack sufficient
robustness to prevent adversarial attacks;
(B) high-risk systems that harm the privacy or
security of users or the general public;
(C) artificial general intelligence systems that
may become self-aware or uncontrollable; and
(D) artificial intelligence systems that may
perpetuate societal biases against protected classes of
persons, including on the basis of sex, race, age,
disability, color, creed, national origin, or religion,
or otherwise automate discriminatory decision-making.
SEC. 5109. RULE OF CONSTRUCTION REGARDING ETHICAL ARTIFICIAL
INTELLIGENCE.
For purposes of this division, the term ``ethical'' (when used in
the context of artificial intelligence) shall be deemed to include
efforts to minimize or eliminate discriminatory algorithmic bias,
particularly as it pertains to protected classes of persons, including
on the basis of sex, race, age, disability, color, creed, national
origin, or religion.
TITLE II--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES
SEC. 5201. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES.
(a) In General.--As part of the Initiative, the Director of the
National Science Foundation shall establish a program to award
financial assistance for the planning, establishment, and support of
Institutes (as described in subsection (b)(2)) in accordance with this
section.
(b) Financial Assistance To Establish and Support National
Artificial Intelligence Research Institutes.--
(1) In general.--Under the Initiative, the Secretary of
Energy, the Secretary of Commerce, the Director of the National
Science Foundation, and every other agency head may award
financial assistance to an eligible entity, or consortia
thereof, as determined by an agency head, to establish and
support an Institute.
(2) Artificial intelligence institutes.--An Institute
described in this subsection is an artificial intelligence
research institute that--
(A) is focused on--
(i) a particular economic or social sector,
including health, education, manufacturing,
agriculture, security, energy, and environment,
and includes a component that addresses the
ethical, societal, safety, and security
implications relevant to the application of
artificial intelligence in that sector; or
(ii) a cross-cutting challenge for
artificial intelligence systems, including
trustworthiness, or foundational science;
(B) requires partnership among public and private
organizations, including, as appropriate, Federal
agencies, research universities, community colleges,
nonprofit research organizations, Federal laboratories,
State, local, and tribal governments, and industry (or
consortia thereof);
(C) has the potential to create an innovation
ecosystem, or enhance existing ecosystems, to translate
Institute research into applications and products, as
appropriate to the topic of each Institute;
(D) supports interdisciplinary research and
development across multiple institutions and
organizations involved in artificial intelligence
research and related disciplines, including physics,
engineering, mathematical sciences, computer and
information science, robotics, biological and cognitive
sciences, material science, social and behavioral
sciences, cybersecurity, and technology ethics;
(E) supports interdisciplinary education
activities, including curriculum development, research
experiences, and faculty professional development
across two-year, undergraduates, masters, and doctoral
level programs; and
(F) supports workforce development in artificial
intelligence related disciplines in the United States,
including broadening participation of underrepresented
communities.
(3) Use of funds.--Financial assistance awarded under
paragraph (1) may be used by an Institute for--
(A) managing and making available to researchers
accessible, curated, standardized, secure, and privacy
protected data sets from the public and private sectors
for the purposes of training and testing artificial
intelligence systems and for research using artificial
intelligence systems, pursuant to section 5301(b) and
5301(c);
(B) developing and managing testbeds for artificial
intelligence systems, including sector-specific test
beds, designed to enable users to evaluate artificial
intelligence systems prior to deployment;
(C) conducting research and education activities
involving artificial intelligence systems to solve
challenges with social, economic, health, scientific,
and national security implications;
(D) providing or brokering access to computing
resources, networking, and data facilities for
artificial intelligence research and development
relevant to the Institute's research goals;
(E) providing technical assistance to users,
including software engineering support, for artificial
intelligence research and development relevant to the
Institute's research goals;
(F) engaging in outreach and engagement to broaden
participation in artificial intelligence research and
workforce; and
(G) such other activities that an agency head,
whose agency's missions contribute to or are affected
by artificial intelligence, considers consistent with
the purposes described in section 5101(a).
(4) Duration.--
(A) Initial periods.--An award of financial
assistance under paragraph (1) shall be awarded for an
initial period of 5 years.
(B) Extension.--An established Institute may apply
for, and the agency head may grant, extended funding
for periods of 5 years on a merit-reviewed basis using
the merit review criteria of the sponsoring agency.
(5) Application for financial assistance.--
(A) In general.--A person or group of persons
seeking financial assistance under paragraph (1) shall
submit to an agency head an application at such time,
in such manner, and containing such information as the
agency head may require.
(B) Requirements.--An application submitted under
subparagraph (A) for an Institute shall, at a minimum,
include the following:
(i) A plan for the Institute to include--
(I) the proposed goals and
activities of the Institute;
(II) how the Institute will form
partnerships with other research
institutions, industry, and nonprofits
to leverage expertise in artificial
intelligence and access to data,
including non-governmental data and
computing resources;
(III) how the institute will
support long-term and short-term
education and workforce development in
artificial intelligence, including
broadening participation of
underrepresented communities; and
(IV) a plan for how the Institute
will transition from planning into
operations.
(ii) A description of the anticipated
sources and nature of any non-Federal
contributions, including privately held data
sets, computing resources, and other types of
in-kind support.
(iii) A description of the anticipated
long-term impact of such Institute.
(6) Competitive, merit review.--In awarding financial
assistance under paragraph (1), the agency head shall--
(A) use a competitive, merit review process that
includes peer review by a diverse group of individuals
with relevant expertise from both the private and
public sectors; and
(B) ensure the focus areas of the Institute do not
substantially duplicate the efforts of any other
Institute.
(7) Collaboration.--
(A) In general.--In awarding financial assistance
under paragraph (1), an agency head may collaborate
with Federal departments and agencies whose missions
contribute to or are affected by artificial
intelligence systems, including the agencies outlined
in section 5103(c).
(B) Coordinating network.--The Director of the
National Science Foundation shall establish a network
of Institutes receiving financial assistance under this
subsection, to be known as the ``Artificial
Intelligence Leadership Network'', to coordinate cross-
cutting research and other activities carried out by
the Institutes.
(C) Funding.--The head of an agency may request,
accept, and provide funds from other Federal
departments and agencies, State, United States
territory, local, or tribal government agencies,
private sector for-profit entities, and nonprofit
entities, to be available to the extent provided by
appropriations Acts, to support an Institute's
activities. The head of an agency may not give any
special consideration to any agency or entity in return
for a donation.
TITLE III--DEPARTMENT OF COMMERCE
SEC. 5301. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIVITIES.
(a) In General.--As part of the Initiative, the Director of the
National Institute of Standards and Technology shall--
(1) support measurement research and development of best
practices and voluntary standards for trustworthy artificial
intelligence systems, including for--
(A) privacy and security, including for datasets
used to train or test artificial intelligence systems
and software and hardware used in artificial
intelligence systems;
(B) advanced computer chips and hardware designed
for artificial intelligence systems;
(C) data management and techniques to increase the
usability of data, including strategies to
systematically clean, label, and standardize data into
forms useful for training artificial intelligence
systems and the use of common, open licenses;
(D) safety and robustness of artificial
intelligence systems, including assurance,
verification, validation, security, control, and the
ability for artificial intelligence systems to
withstand unexpected inputs and adversarial attacks;
(E) auditing mechanisms and benchmarks for
accuracy, transparency, verifiability, and safety
assurance for artificial intelligence systems;
(F) applications of machine learning and artificial
intelligence systems to improve other scientific fields
and engineering;
(G) model documentation, including performance
metrics and constraints, measures of fairness, training
and testing processes, and results;
(H) system documentation, including connections and
dependences within and between systems, and
complications that may arise from such connections; and
(I) all other areas deemed by the Director to be
critical to the development and deployment of
trustworthy artificial intelligence;
(2) produce curated, standardized, representative, secure,
and privacy protected data sets for artificial intelligence
research, development, and use, prioritizing data for high-
value, high-risk research;
(3) support one or more institutes as described in section
5201(a) for the purpose of advancing the field of artificial
intelligence;
(4) support and strategically engage in the development of
voluntary consensus standards, including international
standards, through open, transparent, and consensus-based
processes;
(5) taking into account the findings from the National
Academies study in section 5105, develop taxonomies and lexica
to describe artificial intelligence tasks, knowledge, skills,
abilities, competencies, and work roles to guide career
development, education, and training activities in industry,
academia, nonprofit organizations, and the Federal government,
identify workforce gaps in the public and private sector, and
create criteria and measurement for credentials in artificial
intelligence-related careers; and
(6) enter into and perform such contracts, including
cooperative research and development arrangements and grants
and cooperative agreements or other transactions, as may be
necessary in the conduct of the work of the National Institute
of Standards and Technology and on such terms as the Director
considers appropriate, in furtherance of the purposes of this
division.
(b) Risk Management Framework.--Not later than 2 years after the
date of the enactment of this Act, the Director shall work to develop,
and periodically update, in collaboration with other public and private
sector organizations, including the National Science Foundation and the
Department of Energy, a voluntary risk management framework for the
trustworthiness of artificial intelligence systems. The framework
shall--
(1) identify and provide standards, guidelines, best
practices, methodologies, procedures, and processes for
assessing the trustworthiness of, and mitigating risks to,
artificial intelligence systems;
(2) establish common definitions and characterizations for
aspects and levels of trustworthiness, including
explainability, transparency, safety, privacy, security,
robustness, fairness, bias, ethics, validation, verification,
interpretability, and other properties related to artificial
intelligence systems that are common across all sectors;
(3) provide guidance and implementation steps for risk
management of artificial intelligence systems;
(4) provide sector-specific case studies of implementation
of the framework;
(5) align with voluntary consensus standards, including
international standards, to the fullest extent possible;
(6) incorporate voluntary consensus standards and industry
best practices; and
(7) not prescribe or otherwise require--
(A) the use of specific solutions; or
(B) the use of specific information or
communications technology products or services.
(c) Data Sharing and Documentation Best Practices.--Not later than
1 year after the date of enactment of this Act, the Director shall, in
collaboration with other public and private sector organizations,
develop guidance to facilitate the creation of voluntary data sharing
arrangements between industry, federally funded research centers, and
Federal agencies for the purpose of advancing artificial intelligence
research and technologies, including--
(1) options for partnership models between government
entities, industry, universities, and nonprofits that
incentivize each party to share the data they collected; and
(2) best practices for datasets used to train artificial
intelligence systems, including--
(A) standards for metadata that describe the
properties of datasets, including--
(i) the origins of the data;
(ii) the intent behind the creation of the
data;
(iii) authorized uses of the data;
(iv) descriptive characteristics of the
data, including what populations are included
and excluded from the datasets; and
(v) any other properties as determined by
the Director; and
(B) standards for privacy and security of datasets
with human characteristics.
(d) Stakeholder Outreach.--In carrying out the activities under
this subsection, the Director shall--
(1) solicit input from university researchers, private
sector experts, relevant Federal agencies, Federal
laboratories, State and local governments, civil society
groups, and other relevant stakeholders;
(2) solicit input from experts in relevant fields of social
science, technology ethics, and law; and
(3) provide opportunity for public comment on guidelines
and best practices developed as part of the Initiative, as
appropriate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the National Institute of Standards and Technology to
carry out this section $64,000,000 for fiscal year 2021.
SEC. 5302. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ARTIFICIAL
INTELLIGENCE CENTER.
(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration (hereafter referred to as ``the
Administrator'') shall establish, a Center for Artificial Intelligence
(hereafter referred to as ``the Center'').
(b) Center Goals.--The goals of the Center shall be to--
(1) coordinate and facilitate the scientific and
technological efforts across the National Oceanic and
Atmospheric Administration; and
(2) expand external partnerships, and build workforce
proficiency to effectively transition artificial intelligence
applications to operations.
(c) Center Priorities.--Through the Center, the Administrator shall
implement a comprehensive program to improve the use of artificial
intelligence systems across the agency in support of the mission of the
National Oceanic and Atmospheric Administration. The priorities of the
Center shall be to--
(1) coordinate and facilitate artificial intelligence
research and innovation, tools, systems, and capabilities
across the National Oceanic and Atmospheric Administration;
(2) establish data standards and develop and maintain a
central repository for agency-wide artificial intelligence
applications;
(3) accelerate the transition of artificial intelligence
research to applications in support of the mission of the
National Oceanic and Atmospheric Administration;
(4) develop and conduct training for the workforce of the
National Oceanic and Atmospheric Administration related to
artificial intelligence research and application of artificial
intelligence for such agency;
(5) facilitate partnerships between the National Oceanic
and Atmospheric Administration and other public sector
organizations, private sector organizations, and institutions
of higher education for research, personnel exchange, and
workforce development with respect to artificial intelligence
systems; and
(6) make data of the National Oceanic and Atmospheric
Administration accessible, available, and ready for artificial
intelligence applications.
(d) Stakeholder Engagement.--In carrying out the activities
authorized in this section, the Administrator shall--
(1) collaborate with a diverse set of stakeholders
including private sector entities and institutions of higher
education;
(2) leverage the collective body of research on artificial
intelligence and machine learning; and
(3) engage with relevant Federal agencies, research
communities, and potential users of information produced under
this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section $10,000,000
for fiscal year 2021.
TITLE IV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE
ACTIVITIES
SEC. 5401. ARTIFICIAL INTELLIGENCE RESEARCH AND EDUCATION.
(a) In General.--As part of the Initiative, the Director of the
National Science Foundation shall fund research and education
activities in artificial intelligence systems and related fields,
including competitive awards or grants to institutions of higher
education or eligible nonprofit organizations (or consortia thereof).
(b) Uses of Funds.--In carrying out the activities under subsection
(a), the Director of the National Science Foundation shall--
(1) support research, including interdisciplinary research
on artificial intelligence systems and related areas;
(2) support collaborations among researchers across
disciplines, including between social scientists and computer
and data scientists, to advance research critical to the
development and deployment of trustworthy artificial
intelligence systems, including support for interdisciplinary
research relating advances in artificial intelligence to
changes in the future workplace, in a social and economic
context;
(3) use the existing programs of the National Science
Foundation, in collaboration with other Federal departments and
agencies, as appropriate to--
(A) improve the teaching and learning of artificial
intelligence systems at all levels of education; and
(B) increase participation in artificial
intelligence related fields, including by individuals
identified in sections 33 and 34 of the Science and
Engineering Equal Opportunity Act (42 U.S.C. 1885a and
1885b);
(4) engage with institutions of higher education, research
communities, industry, Federal laboratories, nonprofit
organizations, State and local governments, and potential users
of information produced under this section, including through
the convening of workshops and conferences, to leverage the
collective body of knowledge across disciplines relevant to
artificial intelligence, facilitate new collaborations and
partnerships, and identify emerging research needs;
(5) support partnerships among institutions of higher
education and industry that facilitate collaborative research,
personnel exchanges, and workforce development with respect to
artificial intelligence systems;
(6) ensure adequate access to research and education
infrastructure with respect to artificial intelligence systems,
including through the development of new computing resources
and partnership with the private sector for the provision of
cloud-based computing services;
(7) conduct prize competitions, as appropriate, pursuant to
section 24 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3719);
(8) coordinate research efforts funded through existing
programs across the directorates of the National Science
Foundation;
(9) provide guidance on data sharing by grantees to public
and private sector organizations consistent with the standards
and guidelines developed under section 5301(c); and
(10) evaluate opportunities for international collaboration
with strategic allies on artificial intelligence research and
development.
(c) Artificial Intelligence Research Grants.--
(1) In general.--The Director shall award grants for
research on artificial intelligence systems. Research areas may
include--
(A) artificial intelligence systems, including
machine learning, computer vision, robotics, and
hardware for accelerating artificial intelligence
systems;
(B) artificial intelligence-enabled systems;
(C) fields and research areas that will contribute
to the advancement of artificial intelligence systems,
including information theory, causal and statistical
inference, data mining, information extraction, human-
robot interaction, and intelligent interfaces;
(D) fields and research areas that increase
understanding of human characteristics relevant to
artificial intelligence systems, including
computational neuroscience, reasoning and
representation, speech and language, multi-agent
systems, intelligent interfaces, human-artificial
intelligence cooperation, and artificial intelligence-
augmented human problem solving;
(E) fields and research areas that increase
understanding of learning, adaptability, and resilience
beyond the human cognitive model, including topics in
developmental biology, zoology, botany, morphological
computation, and organismal systems;
(F) fields and research areas that will contribute
to the development and deployment of trustworthy
artificial intelligence systems, including--
(i) algorithmic explainability;
(ii) methods to assess, characterize, and
reduce bias in datasets and artificial
intelligence systems; and
(iii) safety and robustness of artificial
intelligence systems, including assurance,
verification, validation, security, and
control;
(G) privacy and security, including for datasets
used for the training and inference of artificial
intelligence systems, and software and hardware used in
artificial intelligence systems;
(H) fields and research areas that address the
application of artificial intelligence systems to
scientific discovery and societal challenges, including
economic and public health emergencies;
(I) societal, ethical, safety, education,
workforce, and security implications of artificial
intelligence systems, including social impact of
artificial intelligence systems on different groups
within society, especially historically marginalized
groups; and
(J) qualitative and quantitative forecasting of
future capabilities, applications, and impacts.
(2) Engineering support.--In soliciting proposals for
funding under this section, the Director shall permit
applicants to include in their proposed budgets funding for
software engineering support to assist with the proposed
research.
(3) Ethics.--
(A) Sense of congress.--It is the sense of Congress
that--
(i) a number of emerging areas of research,
including artificial intelligence, have
potential ethical, social, safety, and security
implications that might be apparent as early as
the basic research stage;
(ii) the incorporation of ethical, social,
safety, and security considerations into the
research design and review process for Federal
awards may help mitigate potential harms before
they happen;
(iii) the National Science Foundation's
intent to enter into an agreement with the
National Academies of Sciences, Engineering,
and Medicine to conduct a study and make
recommendations with respect to governance of
research in emerging technologies is a positive
step toward accomplishing this goal; and
(iv) the National Science Foundation should
continue to work with stakeholders to
understand and adopt policies that promote best
practices for governance of research in
emerging technologies at every stage of
research.
(B) Ethics statements.--
(i) In general.--Not later than 18 months
after the date of enactment of this Act, the
Director shall amend grant proposal
instructions to include a requirement for an
ethics statement to be included as part of any
proposal for funding prior to making the award.
Such statement shall be considered by the
Director in the review of proposals, taking
into consideration any relevant input from the
peer-reviewers for the proposal, and shall
factor into award decisions as deemed necessary
by the Director.
(ii) Contents.--Such statements may
include, as appropriate--
(I) the potential societal benefits
of the research;
(II) any foreseeable or
quantifiable risks to society,
including how the research could enable
products, technologies, or other
outcomes that could intentionally or
unintentionally cause significant
societal harm; and
(III) how technical or social
solutions can mitigate such risks and,
as appropriate, a plan to implement
such mitigation measures.
(iii) Guidance.--The Director shall issue
clear guidance on what constitutes a
foreseeable or quantifiable risk described in
clause (ii)(II), and to the extent practical
harmonize this policy with existing ethical
policies or related requirements for human
subjects.
(iv) Annual reports.--The Director shall
encourage grantees to update their ethics
statements as appropriate as part of the annual
reports required by all grantees under the
grant terms and conditions.
(d) Education.--
(1) In general.--The Director of the National Science
Foundation shall award grants for education programs at the K-
12, community college, undergraduate, graduate, postdoctoral,
adult learning, and retraining stages of education that--
(A) support the development of a diverse workforce
pipeline for science and technology with respect to
artificial intelligence systems;
(B) increase awareness of ethical, social, safety,
and security implications of artificial intelligence
systems; and
(C) promote the widespread understanding of
artificial intelligence principles and methods to
create an educated workforce and general public able to
use products enabled by artificial intelligence systems
and adapt to future societal and economic changes
caused by artificial intelligence systems.
(2) Use of funds.--Grants awarded under this section for
education activities referred to in paragraph (1) may be used
for--
(A) collaborative interdisciplinary research,
development, testing, and dissemination of K-12,
undergraduate, and community college curriculum
development, dissemination, and other educational tools
and methods in artificial intelligence related fields;
(B) curriculum development in the field of
technology ethics;
(C) support for informal education activities for
K-12 students to engage with artificial intelligence
systems, including mentorship programs for
underrepresented populations;
(D) efforts to achieve equitable access to K-12
artificial intelligence education for populations and
geographic areas traditionally underrepresented in the
artificial intelligence field;
(E) training and professional development programs,
including innovative pre-service and in-service
programs, in artificial intelligence and related fields
for K-12 teachers;
(F) efforts to improve the retention rate for
researchers focusing on artificial intelligence systems
at institutions of higher learning and other nonprofit
research institutions;
(G) outreach programs to educate the general public
about the uses of artificial intelligence and its
societal implications;
(H) assessments of activities conducted under this
subsection; and
(I) any other relevant activities the Director
determines will accomplish the aim described in
paragraph (1).
(3) Artificial intelligence traineeships and fellowships.--
(A) Artificial intelligence traineeships.--
(i) In general.--The Director of the
National Science Foundation shall award grants
to institutions of higher education to
establish traineeship programs for graduate
students who pursue artificial intelligence-
related research leading to a masters or
doctorate degree by providing funding and other
assistance, and by providing graduate students
opportunities for research experiences in
government or industry related to the students'
artificial intelligence studies.
(ii) Use of funds.--An institution of
higher education shall use grant funds provided
under clause (i) for the purposes of--
(I) providing traineeships to
students who are pursuing research in
artificial intelligence leading to a
masters or doctorate degree;
(II) paying tuition and fees for
students receiving traineeships who are
citizens, nationals, or lawfully
admitted permanent resident aliens of
the United States;
(III) creating and requiring
courses or training programs in
technology ethics for students
receiving traineeships;
(IV) creating opportunities for
research in technology ethics for
students receiving traineeships;
(V) establishing scientific
internship programs for students
receiving traineeships in artificial
intelligence at for-profit
institutions, nonprofit research
institutions, or government
laboratories; and
(VI) other costs associated with
the administration of the program.
(B) Artificial intelligence fellowships.--The
Director of the National Science Foundation shall award
fellowships to masters and doctoral students and
postdoctoral researchers at institutions of higher
education who are pursuing degrees or research in
artificial intelligence and related fields, including
in the field of technology ethics. In making such
awards, the Director shall--
(i) ensure recipients of artificial
intelligence fellowships are citizens,
nationals, or lawfully admitted permanent
resident aliens of the United States; and
(ii) conduct outreach, including through
formal solicitations, to solicit proposals from
students and postdoctoral researchers seeking
to carry out research in aspects of technology
ethics with relevance to artificial
intelligence systems.
(C) Faculty recruitment fellowships.--
(i) In general.--The Director of the
National Science Foundation shall establish a
program to award grants to institutions of
higher education to recruit and retain tenure-
track or tenured faculty in artificial
intelligence and related fields.
(ii) Use of funds.--An institution of
higher education shall use grant funds provided
under clause (i) for the purposes of--
(I) recruiting new tenure-track or
tenured faculty members to that conduct
research and teaching in artificial
intelligence and related fields and
research areas, including technology
ethics; and
(II) paying salary and benefits for
the academic year of newly recruited
tenure-track or tenured faculty members
for a duration of up to 3 years.
(D) Faculty technology ethics fellowships.--
(i) In general.--The Director of the
National Science Foundation shall establish a
program to award fellowships to tenure-track
and tenured faculty in social and behavioral
sciences, ethics, law, and related fields to
develop new research projects and partnerships
in technology ethics, in collaboration with
faculty conducting empirical research in
artificial intelligence and related fields.
(ii) Purposes.--The purposes of such
fellowships are to enable researchers in social
and behavioral sciences, ethics, law, and
related fields to establish new research and
education partnerships with researchers in
artificial intelligence and related fields;
learn new techniques and acquire systematic
knowledge in artificial intelligence and
related fields; shift their research to focus
on technology ethics; and mentor and advise
graduate students and postdocs pursuing
research in technology ethics.
(iii) Uses of funds.--A fellowship may
include salary and benefits for up to one
academic year and additional expenses to
support coursework or equivalent training in
artificial intelligence systems.
(E) Update to robert noyce teacher scholarship
program.--Section 10(i)(5) of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n-
1(i)(5)) is amended by inserting ``and artificial
intelligence'' after ``computer science''.
(4) Update to advanced technological education program.--
(A) In general.--Section 3(b) of the Scientific and
Advanced-Technology Act of 1992 (42 U.S.C. 1862(i)) is
amended by striking ``10'' and inserting ``12''.
(B) Artificial intelligence centers of
excellence.--The Director of the National Science
Foundation shall establish national centers of
scientific and technical education to advance education
and workforce development in areas related to
artificial intelligence pursuant to Section 3 of the
Scientific and Advanced-Technology Act of 1992 (42
U.S.C. 1862(i)). Activities of such centers may
include--
(i) the development, dissemination, and
evaluation of curriculum and other educational
tools and methods in artificial intelligence
related fields and research areas, including
technology ethics;
(ii) the development and evaluation of
artificial intelligence related certifications
for 2-year programs; and
(iii) interdisciplinary science and
engineering research in employment-based adult
learning and career retraining related to
artificial intelligence fields.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation to carry out this
section $868,000,000 for fiscal year 2021.
TITLE V--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
SEC. 5501. DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH
PROGRAM.
(a) In General.--The Secretary shall carry out a cross-cutting
research and development program to advance artificial intelligence
tools, systems, capabilities, and workforce needs and to improve the
reliability of artificial intelligence methods and solutions relevant
to the mission of the Department. In carrying out this program, the
Secretary shall coordinate across all relevant offices and programs at
the Department, including the Office of Science, the Office of Energy
Efficiency and Renewable Energy, the Office of Nuclear Energy, the
Office of Fossil Energy, the Office of Electricity, the Office of
Cybersecurity, Energy Security, and Emergency Response, the Advanced
Research Projects Agency-Energy, and any other relevant office
determined by the Secretary.
(b) Research Areas.--In carrying out the program under subsection
(a), the Secretary shall award financial assistance to eligible
entities to carry out research projects on topics including--
(1) the application of artificial intelligence systems to
improve large-scale simulations of natural and other phenomena;
(2) the study of applied mathematics, computer science, and
statistics, including foundations of methods and systems of
artificial intelligence, causal and statistical inference, and
the development of algorithms for artificial intelligence
systems;
(3) the analysis of existing large-scale datasets from
science and engineering experiments and simulations, including
energy simulations and other priorities at the Department as
determined by the Secretary using artificial intelligence tools
and techniques;
(4) the development of operation and control systems that
enhance automated, intelligent decisionmaking capabilities;
(5) the development of advanced computing hardware and
computer architecture tailored to artificial intelligence
systems, including the codesign of networks and computational
hardware;
(6) the development of standardized datasets for emerging
artificial intelligence research fields and applications,
including methods for addressing data scarcity; and
(7) the development of trustworthy artificial intelligence
systems, including--
(A) algorithmic explainability;
(B) analytical methods for identifying and
mitigating bias in artificial intelligence systems; and
(C) safety and robustness, including assurance,
verification, validation, security, and control.
(c) Technology Transfer.--In carrying out the program under
subsection (a), the Secretary shall support technology transfer of
artificial intelligence systems for the benefit of society and United
States economic competitiveness.
(d) Facility Use and Upgrades.--In carrying out the program under
subsection (a), the Secretary shall--
(1) make available high-performance computing
infrastructure at national laboratories;
(2) make any upgrades necessary to enhance the use of
existing computing facilities for artificial intelligence
systems, including upgrades to hardware;
(3) establish new computing capabilities necessary to
manage data and conduct high performance computing that enables
the use of artificial intelligence systems; and
(4) maintain and improve, as needed, networking
infrastructure, data input and output mechanisms, and data
analysis, storage, and service capabilities.
(e) Ethics.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall amend grant proposal
instructions to include a requirement for an ethics statement
to be included as part of any proposal for funding prior to
making the award. Such statement shall be considered by the
Secretary in the review of proposals, taking into consideration
any relevant input from the peer-reviewers for the proposal,
and shall factor into award decisions as deemed necessary by
the Secretary. Such statements may include, as appropriate--
(A) the potential societal benefits of the
research;
(B) any foreseeable or quantifiable risks to
society, including how the research could enable
products, technologies, or other outcomes that could
intentionally or unintentionally cause significant
societal harm; and
(C) how technical or social solutions can mitigate
such risks and, as appropriate, a plan to implement
such mitigation measures.
(2) Guidance.--The Secretary shall issue clear guidance on
what constitutes risks as described in section (1)(B), and to
the extent practical harmonize this policy with existing
ethical policies or related requirements for human subjects.
(3) Annual reports.--The Secretary shall encourage awardees
to update their ethics statements as appropriate as part of the
annual reports required by all awardees under the grant terms
and conditions.
(f) Risk Management.--The Secretary shall review agency policies
for risk management in artificial intelligence related projects and
issue as necessary policies and principles that are consistent with the
framework developed under section 5301(b).
(g) Data Privacy and Sharing.--The Secretary shall review agency
policies for data sharing with other public and private sector
organizations and issue as necessary policies and principles that are
consistent with the standards and guidelines submitted under section
5301(c). In addition, the Secretary shall establish a streamlined
mechanism for approving research projects or partnerships that require
sharing sensitive public or private data with the Department.
(h) Partnerships With Other Federal Agencies.--The Secretary may
request, accept, and provide funds from other Federal departments and
agencies, State, United States territory, local, or Tribal government
agencies, private sector for-profit entities, and nonprofit entities,
to be available to the extent provided by appropriations Acts, to
support a research project or partnership carried out under this
section. The Secretary may not give any special consideration to any
agency or entity in return for a donation.
(i) Stakeholder Engagement.--In carrying out the activities
authorized in this section, the Secretary shall--
(1) collaborate with a range of stakeholders including
small businesses, institutes of higher education, industry, and
the National Laboratories;
(2) leverage the collective body of knowledge from existing
artificial intelligence and machine learning research; and
(3) engage with other Federal agencies, research
communities, and potential users of information produced under
this section.
(j) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) National laboratory.--The term ``national laboratory''
has the meaning given such term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) Eligible entities.--The term ``eligible entities''
means--
(A) an institution of higher education;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a nonprofit research organization;
(F) a private sector entity; or
(G) a consortium of 2 or more entities described in
subparagraph (A) through (F).
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Department to carry out this section $200,000,000
for fiscal year 2021.
SEC. 5502. DEPARTMENT OF ENERGY VETERANS' HEALTH INITIATIVE.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Purposes.--The purposes of this section are to advance
Department of Energy expertise in artificial intelligence and high-
performance computing in order to improve health outcomes for veteran
populations by--
(1) supporting basic research through the application of
artificial intelligence, high-performance computing, modeling
and simulation, machine learning, and large-scale data
analytics to identify and solve outcome-defined challenges in
the health sciences;
(2) maximizing the impact of the Department of Veterans
Affairs' health and genomics data housed at the National
Laboratories, as well as data from other sources, on science,
innovation, and health care outcomes through the use and
advancement of artificial intelligence and high-performance
computing capabilities of the Department of Energy;
(3) promoting collaborative research through the
establishment of partnerships to improve data sharing between
Federal agencies, National Laboratories, institutions of higher
education, and nonprofit institutions;
(4) establishing multiple scientific computing user
facilities to house and provision available data to foster
transformational outcomes; and
(5) driving the development of technology to improve
artificial intelligence, high-performance computing, and
networking relevant to mission applications of the Department
of Energy, including modeling, simulation, machine learning,
and advanced data analytics.
(c) Department of Energy Veterans Health Research and
Development.--
(1) In general.--The Secretary shall establish and carry
out a research program in artificial intelligence and high-
performance computing, focused on the development of tools to
solve big data challenges associated with veteran's healthcare,
and to support the efforts of the Department of Veterans
Affairs to identify potential health risks and challenges
utilizing data on long-term healthcare, health risks, and
genomic data collected from veteran populations. The Secretary
shall carry out this program through a competitive, merit-
reviewed process, and consider applications from National
Laboratories, institutions of higher education, multi-
institutional collaborations, and other appropriate entities.
(2) Program components.--In carrying out the program
established under paragraph (1), the Secretary may--
(A) conduct basic research in modeling and
simulation, machine learning, large-scale data
analytics, and predictive analysis in order to develop
novel or optimized algorithms for prediction of disease
treatment and recovery;
(B) develop methods to accommodate large data sets
with variable quality and scale, and to provide insight
and models for complex systems;
(C) develop new approaches and maximize the use of
algorithms developed through artificial intelligence,
machine learning, data analytics, natural language
processing, modeling and simulation, and develop new
algorithms suitable for high-performance computing
systems and large biomedical data sets;
(D) advance existing and construct new data
enclaves capable of securely storing data sets provided
by the Department of Veterans Affairs, Department of
Defense, and other sources; and
(E) promote collaboration and data sharing between
National Laboratories, research entities, and user
facilities of the Department by providing the necessary
access and secure data transfer capabilities.
(3) Coordination.--In carrying out the program required
under paragraph (1), the Secretary is authorized to--
(A) enter into memoranda of understanding in order
to carry out reimbursable agreements with the
Department of Veterans Affairs and other entities in
order to maximize the effectiveness of Department of
Energy research and development to improve veterans'
healthcare;
(B) consult with the Department of Veterans Affairs
and other Federal agencies as appropriate; and
(C) ensure that data storage meets all privacy and
security requirements established by the Department of
Veterans Affairs, and that access to data is provided
in accordance with relevant Department of Veterans
Affairs data access policies, including informed
consent.
(4) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Science, Space, and Technology and the Committee
on Veterans' Affairs of the House of Representatives, and the
Committee on Energy and Natural Resources and the Committee on
Veterans' Affairs of the Senate, a report detailing the
effectiveness of--
(A) the interagency coordination between each
Federal agency involved in the research program carried
out under this subsection;
(B) collaborative research achievements of the
program; and
(C) potential opportunities to expand the technical
capabilities of the Department.
(5) Funding.--There are authorized to be appropriated to
the Secretary of Veterans Affairs to carry out this section
$5,400,000 for fiscal year 2021.
(d) Interagency Collaboration.--
(1) In general.--The Secretary is authorized to carry out
research, development, and demonstration activities to develop
tools to apply to big data that enable Federal agencies,
institutions of higher education, nonprofit research
organizations, and industry to better leverage the capabilities
of the Department to solve complex, big data challenges. The
Secretary shall carry out these activities through a
competitive, merit-reviewed process, and consider applications
from National Laboratories, institutions of higher education,
multi-institutional collaborations, and other appropriate
entities.
(2) Activities.--In carrying out the research, development,
and demonstration activities authorized under paragraph (1),
the Secretary may--
(A) utilize all available mechanisms to prevent
duplication and coordinate research efforts across the
Department;
(B) establish multiple user facilities to serve as
data enclaves capable of securely storing data sets
created by Federal agencies, institutions of higher
education, nonprofit organizations, or industry at
National Laboratories; and
(C) promote collaboration and data sharing between
National Laboratories, research entities, and user
facilities of the Department by providing the necessary
access and secure data transfer capabilities.
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report evaluating the effectiveness
of the activities authorized under paragraph (1).
(4) Funding.--There are authorized to be appropriated to
the Secretary of Energy to carry out paragraph (1) $15,000,000
for fiscal year 2021.
DIVISION F--CORPORATE TRANSPARENCY ACT OF 2019
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Corporate Transparency Act of
2019''.
SEC. 6002. FINDINGS.
Congress finds the following:
(1) Nearly 2,000,000 corporations and limited liability
companies are being formed under the laws of the States each
year.
(2) Very few States require information about the
beneficial owners of the corporations and limited liability
companies formed under their laws.
(3) A person forming a corporation or limited liability
company within the United States typically provides less
information at the time of incorporation than is needed to
obtain a bank account or driver's license and typically does
not name a single beneficial owner.
(4) Criminals have exploited State formation procedures to
conceal their identities when forming corporations or limited
liability companies in the United States, and have then used
the newly created entities to commit crimes affecting
interstate and international commerce such as terrorism,
proliferation financing, drug and human trafficking, money
laundering, tax evasion, counterfeiting, piracy, securities
fraud, financial fraud, and acts of foreign corruption.
(5) Law enforcement efforts to investigate corporations and
limited liability companies suspected of committing crimes have
been impeded by the lack of available beneficial ownership
information, as documented in reports and testimony by
officials from the Department of Justice, the Department of
Homeland Security, the Department of the Treasury, and the
Government Accountability Office, and others.
(6) In July 2006, the leading international antimoney
laundering standard-setting body, the Financial Action Task
Force on Money Laundering (in this section referred to as the
``FATF''), of which the United States is a member, issued a
report that criticizes the United States for failing to comply
with a FATF standard on the need to collect beneficial
ownership information and urged the United States to correct
this deficiency by July 2008. In December 2016, FATF issued
another evaluation of the United States, which found that
little progress has been made over the last ten years to
address this problem. It identified the ``lack of timely access
to adequate, accurate and current beneficial ownership
information'' as a fundamental gap in United States efforts to
combat money laundering and terrorist finance.
(7) In response to the 2006 FATF report, the United States
has urged the States to obtain beneficial ownership information
for the corporations and limited liability companies formed
under the laws of such States.
(8) In contrast to practices in the United States, all 28
countries in the European Union are required to have corporate
registries that include beneficial ownership information.
(9) To reduce the vulnerability of the United States to
wrongdoing by United States corporations and limited liability
companies with hidden owners, to protect interstate and
international commerce from criminals misusing United States
corporations and limited liability companies, to strengthen law
enforcement investigations of suspect corporations and limited
liability companies, to set a clear, universal standard for
State incorporation practices, and to bring the United States
into compliance with international anti-money laundering
standards, Federal legislation is needed to require the
collection of beneficial ownership information for the
corporations and limited liability companies formed under the
laws of such States.
SEC. 6003. TRANSPARENT INCORPORATION PRACTICES.
(a) In General.--
(1) Amendment to the bank secrecy act.--Chapter 53 of title
31, United States Code, is amended by inserting after section
5332 the following new section:
``Sec. 5333 Transparent incorporation practices
``(a) Reporting Requirements.--
``(1) Beneficial ownership reporting.--
``(A) In general.--Each applicant to form a
corporation or limited liability company under the laws
of a State or Indian Tribe shall file a report with
FinCEN containing a list of the beneficial owners of
the corporation or limited liability company that--
``(i) except as provided in paragraphs (3)
and (4), and subject to paragraph (2),
identifies each beneficial owner by--
``(I) full legal name;
``(II) date of birth;
``(III) current residential or
business street address; and
``(IV) a unique identifying number
from a non-expired passport issued by
the United States, a non-expired
personal identification card, or a non-
expired driver's license issued by a
State; and
``(ii) if the applicant is not a beneficial
owner, also provides the identification
information described in clause (i) relating to
such applicant.
``(B) Updated information.--Each corporation or
limited liability company formed under the laws of a
State or Indian Tribe shall--
``(i) submit to FinCEN an annual filing
containing a list of--
``(I) the current beneficial owners
of the corporation or limited liability
company and the information described
in subparagraph (A) for each such
beneficial owner; and
``(II) any changes in the
beneficial owners of the corporation or
limited liability company during the
previous year; and
``(ii) pursuant to any rule issued by the
Secretary of the Treasury under subparagraph
(C), update the list of the beneficial owners
of the corporation or limited liability company
within the time period prescribed by such rule.
``(C) Rulemaking on updating information.--Not
later than 9 months after the completion of the study
required under section 4(a)(1) of the Corporate
Transparency Act of 2019, the Secretary of the Treasury
shall consider the findings of such study and, if the
Secretary determines it to be necessary or appropriate,
issue a rule requiring corporations and limited
liability companies to update the list of the
beneficial owners of the corporation or limited
liability company within a specified amount of time
after the date of any change in the list of beneficial
owners or the information required to be provided
relating to each beneficial owner.
``(D) State notification.--Each State in which a
corporation or limited liability company is being
formed shall notify each applicant of the requirements
listed in subparagraphs (A) and (B).
``(2) Certain beneficial owners.--If an applicant to form a
corporation or limited liability company or a beneficial owner,
or similar agent of a corporation or limited liability company
who is required to provide identification information under
this subsection, does not have a nonexpired passport issued by
the United States, a nonexpired personal identification card,
or a non-expired driver's license issued by a State, each such
person shall provide to FinCEN the full legal name, current
residential or business street address, a unique identifying
number from a non-expired passport issued by a foreign
government, and a legible and credible copy of the pages of a
non-expired passport issued by the government of a foreign
country bearing a photograph, date of birth, and unique
identifying information for each beneficial owner, and each
application described in paragraph (1)(A) and each update
described in paragraph (1)(B) shall include a written
certification by a person residing in the State or Indian
country under the jurisdiction of the Indian Tribe forming the
entity that the applicant, corporation, or limited liability
company--
``(A) has obtained for each such beneficial owner,
a current residential or business street address and a
legible and credible copy of the pages of a non-expired
passport issued by the government of a foreign country
bearing a photograph, date of birth, and unique
identifying information for the person;
``(B) has verified the full legal name, address,
and identity of each such person;
``(C) will provide the information described in
subparagraph (A) and the proof of verification
described in subparagraph (B) upon request of FinCEN;
and
``(D) will retain the information and proof of
verification under this paragraph until the end of the
5-year period beginning on the date that the
corporation or limited liability company terminates
under the laws of the State or Indian Tribe.
``(3) Exempt entities.--
``(A) In general.--With respect to an applicant to
form a corporation or limited liability company under
the laws of a State or Indian Tribe, if such entity is
described in subparagraph (C) or (D) of subsection
(d)(4) and will be exempt from the beneficial ownership
disclosure requirements under this subsection, such
applicant, or a prospective officer, director, or
similar agent of the applicant, shall file a written
certification with FinCEN--
``(i) identifying the specific provision of
subsection (d)(4) under which the entity
proposed to be formed would be exempt from the
beneficial ownership disclosure requirements
under paragraphs (1) and (2);
``(ii) stating that the entity proposed to
be formed meets the requirements for an entity
described under such provision of subsection
(d)(4); and
``(iii) providing identification
information for the applicant or prospective
officer, director, or similar agent making the
certification in the same manner as provided
under paragraph (1) or (2).
``(B) Existing corporations or limited liability
companies.--On and after the date that is 2 years after
the final regulations are issued to carry out this
section, a corporation or limited liability company
formed under the laws of the State or Indian Tribe
before such date shall be subject to the requirements
of this subsection unless an officer, director, or
similar agent of the entity submits to FinCEN a written
certification--
``(i) identifying the specific provision of
subsection (d)(4) under which the entity is
exempt from the requirements under paragraphs
(1) and (2);
``(ii) stating that the entity meets the
requirements for an entity described under such
provision of subsection (d)(4); and
``(iii) providing identification
information for the officer, director, or
similar agent making the certification in the
same manner as provided under paragraph (1) or
(2).
``(C) Exempt entities having ownership interest.--
If an entity described in subparagraph (C) or (D) of
subsection (d)(4) has or will have an ownership
interest in a corporation or limited liability company
formed or to be formed under the laws of a State or
Indian Tribe, the applicant, corporation, or limited
liability company in which the entity has or will have
the ownership interest shall provide the information
required under this subsection relating to the entity,
except that the entity shall not be required to provide
information regarding any natural person who has an
ownership interest in, exercises substantial control
over, or receives substantial economic benefits from
the entity.
``(4) FinCEN id numbers.--
``(A) Issuance of fincen id number.--
``(i) In general.--FinCEN shall issue a
FinCEN ID number to any individual who requests
such a number and provides FinCEN with the
information described under subclauses (I)
through (IV) of paragraph (1)(A)(i).
``(ii) Updating of information.--An
individual with a FinCEN ID number shall submit
an annual filing with FinCEN updating any
information described under subclauses (I)
through (IV) of paragraph (1)(A)(i).
``(B) Use of fincen id number in reporting
requirements.--Any person required to report the
information described under paragraph (1)(A)(i) with
respect to an individual may instead report the FinCEN
ID number of the individual.
``(C) Treatment of information submitted for fincen
id number.--For purposes of this section, any
information submitted under subparagraph (A) shall be
deemed to be beneficial ownership information.
``(5) Retention and disclosure of beneficial ownership
information by fincen.--
``(A) Retention of information.--Beneficial
ownership information relating to each corporation or
limited liability company formed under the laws of the
State or Indian Tribe shall be maintained by FinCEN
until the end of the 5-year period (or such other
period of time as the Secretary of the Treasury may, by
rule, determine) beginning on the date that the
corporation or limited liability company terminates.
``(B) Disclosure of information.--Beneficial
ownership information reported to FinCEN pursuant to
this section shall be provided by FinCEN only upon
receipt of--
``(i) subject to subparagraph (C), a
request, through appropriate protocols, by a
local, Tribal, State, or Federal law
enforcement agency;
``(ii) a request made by a Federal agency
on behalf of a law enforcement agency of
another country under an international treaty,
agreement, or convention, or an order under
section 3512 of title 18 or section 1782 of
title 28; or
``(iii) a request made by a financial
institution, with customer consent, as part of
the institution's compliance with due diligence
requirements imposed under the Bank Secrecy
Act, the USA PATRIOT Act, or other applicable
Federal, State, or Tribal law.
``(C) Appropriate protocols.--
``(i) Privacy.--The protocols described in
subparagraph (B)(i) shall--
``(I) protect the privacy of any
beneficial ownership information
provided by FinCEN to a local, Tribal,
State, or Federal law enforcement
agency;
``(II) ensure that a local, Tribal,
State, or Federal law enforcement
agency requesting beneficial ownership
information has an existing
investigatory basis for requesting such
information;
``(III) ensure that access to
beneficial ownership information is
limited to authorized users at a local,
Tribal, State, or Federal law
enforcement agency who have undergone
appropriate training, and refresher
training no less than every 2 years,
and that the identity of such
authorized users is verified through
appropriate mechanisms, such as two-
factor authentication;
``(IV) include an audit trail of
requests for beneficial ownership
information by a local, Tribal, State,
or Federal law enforcement agency,
including, as necessary, information
concerning queries made by authorized
users at a local, Tribal, State, or
Federal law enforcement agency;
``(V) require that every local,
Tribal, State, or Federal law
enforcement agency that receives
beneficial ownership information from
FinCEN conducts an annual audit to
verify that the beneficial ownership
information received from FinCEN has
been accessed and used appropriately,
and consistent with this paragraph; and
``(VI) require FinCEN to conduct an
annual audit of every local, Tribal,
State, or Federal law enforcement
agency that has received beneficial
ownership information to ensure that
such agency has requested beneficial
ownership information, and has used any
beneficial ownership information
received from FinCEN, appropriately,
and consistent with this paragraph.
``(ii) Limitation on use.--Beneficial
ownership information provided to a local,
Tribal, State, or Federal law enforcement
agency under this paragraph may only be used
for law enforcement, national security, or
intelligence purposes.
``(D) Access procedures.--FinCEN shall establish
stringent procedures for the protection and proper use
of beneficial ownership information disclosed pursuant
to subparagraph (B), including procedures to ensure
such information is not being inappropriately accessed
or misused by law enforcement agencies.
``(E) Report to congress.--FinCEN shall issue an
annual report to Congress stating--
``(i) the number of times law enforcement
agencies and financial institutions have
accessed beneficial ownership information
pursuant to subparagraph (B);
``(ii) the number of times beneficial
ownership information reported to FinCEN
pursuant to this section was inappropriately
accessed, and by whom; and
``(iii) the number of times beneficial
ownership information was disclosed under
subparagraph (B) pursuant to a subpoena.
``(F) Disclosure of non-pii data.--Notwithstanding
subparagraph (B), FinCEN may issue guidance and
otherwise make materials available to financial
institutions and the public using beneficial ownership
information reported pursuant to this section if such
information is aggregated in a manner that removes all
personally identifiable information. For purposes of
this subparagraph, `personally identifiable
information' includes information that would allow for
the identification of a particular corporation or
limited liability company.
``(b) No Bearer Share Corporations or Limited Liability
Companies.--A corporation or limited liability company formed under the
laws of a State or Indian Tribe may not issue a certificate in bearer
form evidencing either a whole or fractional interest in the
corporation or limited liability company.
``(c) Penalties.--
``(1) In general.--It shall be unlawful for any person to
affect interstate or foreign commerce by--
``(A) knowingly providing, or attempting to
provide, false or fraudulent beneficial ownership
information, including a false or fraudulent
identifying photograph, to FinCEN in accordance with
this section;
``(B) willfully failing to provide complete or
updated beneficial ownership information to FinCEN in
accordance with this section; or
``(C) knowingly disclosing the existence of a
subpoena or other request for beneficial ownership
information reported pursuant to this section, except--
``(i) to the extent necessary to fulfill
the authorized request; or
``(ii) as authorized by the entity that
issued the subpoena, or other request.
``(2) Civil and criminal penalties.--Any person who
violates paragraph (1)--
``(A) shall be liable to the United States for a
civil penalty of not more than $10,000; and
``(B) may be fined under title 18, United States
Code, imprisoned for not more than 3 years, or both.
``(3) Limitation.--Any person who negligently violates
paragraph (1) shall not be subject to civil or criminal
penalties under paragraph (2).
``(4) Waiver.--The Secretary of the Treasury may waive the
penalty for violating paragraph (1) if the Secretary determines
that the violation was due to reasonable cause and was not due
to willful neglect.
``(5) Criminal penalty for the misuse or unauthorized
disclosure of beneficial ownership information.--The criminal
penalties provided for under section 5322 shall apply to a
violation of this section to the same extent as such criminal
penalties apply to a violation described in section 5322, if
the violation of this section consists of the misuse or
unauthorized disclosure of beneficial ownership information.
``(d) Definitions.--For the purposes of this section:
``(1) Applicant.--The term `applicant' means any natural
person who files an application to form a corporation or
limited liability company under the laws of a State or Indian
Tribe.
``(2) Bank secrecy act.--The term `Bank Secrecy Act'
means--
``(A) section 21 of the Federal Deposit Insurance
Act;
``(B) chapter 2 of title I of Public Law 91-508;
and
``(C) this subchapter.
``(3) Beneficial owner.--
``(A) In general.--Except as provided in
subparagraph (B), the term `beneficial owner' means a
natural person who, directly or indirectly, through any
contract, arrangement, understanding, relationship, or
otherwise--
``(i) exercises substantial control over a
corporation or limited liability company;
``(ii) owns 25 percent or more of the
equity interests of a corporation or limited
liability company; or
``(iii) receives substantial economic
benefits from the assets of a corporation or
limited liability company.
``(B) Exceptions.--The term `beneficial owner'
shall not include--
``(i) a minor child, as defined in the
State or Indian Tribe in which the entity is
formed;
``(ii) a person acting as a nominee,
intermediary, custodian, or agent on behalf of
another person;
``(iii) a person acting solely as an
employee of a corporation or limited liability
company and whose control over or economic
benefits from the corporation or limited
liability company derives solely from the
employment status of the person;
``(iv) a person whose only interest in a
corporation or limited liability company is
through a right of inheritance; or
``(v) a creditor of a corporation or
limited liability company, unless the creditor
also meets the requirements of subparagraph
(A).
``(C) Substantial economic benefits defined.--
``(i) In general.--For purposes of
subparagraph (A)(ii), a natural person receives
substantial economic benefits from the assets
of a corporation or limited liability company
if the person has an entitlement to more than a
specified percentage of the funds or assets of
the corporation or limited liability company,
which the Secretary of the Treasury shall, by
rule, establish.
``(ii) Rulemaking criteria.--In
establishing the percentage under clause (i),
the Secretary of the Treasury shall seek to--
``(I) provide clarity to
corporations and limited liability
companies with respect to the
identification and disclosure of a
natural person who receives substantial
economic benefits from the assets of a
corporation or limited liability
company; and
``(II) identify those natural
persons who, as a result of the
substantial economic benefits they
receive from the assets of a
corporation or limited liability
company, exercise a dominant influence
over such corporation or limited
liability company.
``(4) Corporation; limited liability company.--The terms
`corporation' and `limited liability company'--
``(A) have the meanings given such terms under the
laws of the applicable State or Indian Tribe;
``(B) include any non-United States entity eligible
for registration or registered to do business as a
corporation or limited liability company under the laws
of the applicable State or Indian Tribe;
``(C) do not include any entity that is--
``(i) a business concern that is an issuer
of a class of securities registered under
section 12 of the Securities Exchange Act of
1934 (15 U.S.C. 781) or that is required to
file reports under section 15(d) of that Act
(15 U.S.C. 78o(d));
``(ii) a business concern constituted,
sponsored, or chartered by a State or Indian
Tribe, a political subdivision of a State or
Indian Tribe, under an interstate compact
between two or more States, by a department or
agency of the United States, or under the laws
of the United States;
``(iii) a bank, as defined under--
``(I) section 2(a) of the
Investment Company Act of 1940 (15
U.S.C. 80a-2(a)); or
``(II) section 202(a) of the
Investment Advisers Act of 1940 (15
U.S.C. 80b-2(a));
``(iv) a credit union (as defined in
section 101 of the Federal Credit Union Act (12
U.S.C. 1752));
``(v) a bank holding company (as defined in
section 2 of the Bank Holding Company Act of
1956 (12 U.S.C. 1841)) or a savings and loan
holding company (as defined in section 10(a) of
the Home Owners' Loan Act (12 U.S.C. 1467a(a));
``(vi) a broker or dealer (as defined in
section 3 of the Securities Exchange Act of
1934 (15 U.S.C. 78c)) that is registered under
section 15 of the Securities Exchange Act of
1934 (15 U.S.C. 78o);
``(vii) an exchange or clearing agency (as
defined in section 3 of the Securities Exchange
Act of 1934 (15 U.S.C. 78c)) that is registered
under section 6 or 17A of the Securities
Exchange Act of 1934 (15 U.S.C. 78f and 78q-1);
``(viii) an investment company (as defined
in section 3 of the Investment Company Act of
1940 (15 U.S.C. 80a-3)) or an investment
adviser (as defined in section 202(11) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-
2(11))), if the company or adviser is
registered with the Securities and Exchange
Commission, has filed an application for
registration which has not been denied, under
the Investment Company Act of 1940 (15 U.S.C.
80a-1 et seq.) or the Investment Adviser Act of
1940 (15 U.S.C. 80b-1 et seq.), or is an
investment adviser described under section
203(l) of the Investment Advisers Act of 1940
(15 U.S.C. 80b-3(l));
``(ix) an insurance company (as defined in
section 2 of the Investment Company Act of 1940
(15 U.S.C. 80a-2));
``(x) a registered entity (as defined in
section 1a of the Commodity Exchange Act (7
U.S.C. 1a)), or a futures commission merchant,
introducing broker, commodity pool operator, or
commodity trading advisor (as defined in
section 1a of the Commodity Exchange Act (7
U.S.C. 1a)) that is registered with the
Commodity Futures Trading Commission;
``(xi) a public accounting firm registered
in accordance with section 102 of the Sarbanes-
Oxley Act (15 U.S.C. 7212) or an entity
controlling, controlled by, or under common
control of such a firm;
``(xii) a public utility that provides
telecommunications service, electrical power,
natural gas, or water and sewer services,
within the United States;
``(xiii) a church, charity, nonprofit
entity, or other organization that is described
in section 501(c), 527, or 4947(a)(1) of the
Internal Revenue Code of 1986, that has not
been denied tax exempt status, and that has
filed the most recently due annual information
return with the Internal Revenue Service, if
required to file such a return;
``(xiv) a financial market utility
designated by the Financial Stability Oversight
Council under section 804 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act;
``(xv) an insurance producer (as defined in
section 334 of the Gramm-Leach-Bliley Act);
``(xvi) any pooled investment vehicle that
is operated or advised by a person described in
clause (iii), (iv), (v), (vi), (viii), (ix), or
(xi);
``(xvii) any business concern that--
``(I) employs more than 20
employees on a full-time basis in the
United States;
``(II) files income tax returns in
the United States demonstrating more
than $5,000,000 in gross receipts or
sales; and
``(III) has an operating presence
at a physical office within the United
States; or
``(xviii) any corporation or limited
liability company formed and owned by an entity
described in this clause or in clause (i),
(ii), (iii), (iv), (v), (vi), (vii), (viii),
(ix), (x), (xi), (xii), (xiii), (xiv), (xv), or
(xvi); and
``(D) do not include any individual business
concern or class of business concerns which the
Secretary of the Treasury and the Attorney General of
the United States have jointly determined, by rule of
otherwise, to be exempt from the requirements of
subsection (a), if the Secretary and the Attorney
General jointly determine that requiring beneficial
ownership information from the business concern would
not serve the public interest and would not assist law
enforcement efforts to detect, prevent, or prosecute
terrorism, money laundering, tax evasion, or other
misconduct.
``(5) Fincen.--The term `FinCEN' means the Financial Crimes
Enforcement Network of the Department of the Treasury.
``(6) Indian country.--The term `Indian country' has the
meaning given that term in section 1151 of title 18.
``(7) Indian tribe.--The term `Indian Tribe' has the
meaning given that term under section 102 of the Federally
Recognized Indian Tribe List Act of 1994.
``(8) Personal identification card.--The term `personal
identification card' means an identification document issued by
a State, Indian Tribe, or local government to an individual
solely for the purpose of identification of that individual.
``(9) State.--The term `State' means any State,
commonwealth, territory, or possession of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, or the United States Virgin Islands.''.
(2) Rulemaking.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the
Treasury shall issue regulations to carry out this
division and the amendments made by this division,
including, to the extent necessary, to clarify the
definitions in section 5333(d) of title 31, United
States Code.
(B) Revision of final rule.--Not later than 1 year
after the date of enactment of this Act, the Secretary
of the Treasury shall revise the final rule titled
``Customer Due Diligence Requirements for Financial
Institutions'' (May 11, 2016; 81 Fed. Reg. 29397) to--
(i) bring the rule into conformance with
this division and the amendments made by this
division;
(ii) account for financial institutions'
access to comprehensive beneficial ownership
information filed by corporations and limited
liability companies, under threat of civil and
criminal penalties, under this division and the
amendments made by this division; and
(iii) reduce any burdens on financial
institutions that are, in light of the
enactment of this division and the amendments
made by this division, unnecessary or
duplicative.
(3) Conforming amendments.--Title 31, United States Code,
is amended--
(A) in section 5321(a)--
(i) in paragraph (1), by striking
``sections 5314 and 5315'' each place it
appears and inserting ``sections 5314, 5315,
and 5333''; and
(ii) in paragraph (6), by inserting
``(except section 5333)'' after ``subchapter''
each place it appears; and
(B) in section 5322, by striking ``section 5315 or
5324'' each place it appears and inserting ``section
5315, 5324, or 5333''.
(4) Table of contents.--The table of contents of chapter 53
of title 31, United States Code, is amended by inserting after
the item relating to section 5332 the following:
``5333. Transparent incorporation practices.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 for each of fiscal years 2021 and 2022 to the
Financial Crimes Enforcement Network to carry out this division and the
amendments made by this division.
(c) Federal Contractors.--Not later than the first day of the first
full fiscal year beginning at least 1 year after the date of the
enactment of this Act, the Administrator for Federal Procurement Policy
shall revise the Federal Acquisition Regulation maintained under
section 1303(a)(1) of title 41, United States Code, to require any
contractor or subcontractor who is subject to the requirement to
disclose beneficial ownership information under section 5333 of title
31, United States Code, to provide the information required to be
disclosed under such section to the Federal Government as part of any
bid or proposal for a contract with a value threshold in excess of the
simplified acquisition threshold under section 134 of title 41, United
States Code.
SEC. 6004. STUDIES AND REPORTS.
(a) Updating of Beneficial Ownership Information.--
(1) Study.--The Secretary of the Treasury, in consultation
with the Attorney General of the United States, shall conduct a
study to evaluate--
(A) the necessity of a requirement for corporations
and limited liability companies to update the list of
their beneficial owners within a specified amount of
time after the date of any change in the list of
beneficial owners or the information required to be
provided relating to each beneficial owner, taking into
account the annual filings required under section
5333(a)(1)(B)(i) of title 31, United States Code, and
the information contained in such annual filings; and
(B) the burden that a requirement to update the
list of beneficial owners within a specified period of
time after a change in such list of beneficial owners
would impose on corporations and limited liability
companies.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
submit a report on the study required under paragraph (1) to
the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(3) Public comment.--The Secretary of the Treasury shall
seek and consider public input, comments, and data in order to
conduct the study required under subparagraph paragraph (1).
(b) Other Legal Entities.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study and submit to the Congress a report--
(1) identifying each State or Indian Tribe that has
procedures that enable persons to form or register under the
laws of the State or Indian Tribe partnerships, trusts, or
other legal entities, and the nature of those procedures;
(2) identifying each State or Indian Tribe that requires
persons seeking to form or register partnerships, trusts, or
other legal entities under the laws of the State or Indian
Tribe to provide information about the beneficial owners (as
that term is defined in section 5333(d)(1) of title 31, United
States Code, as added by this division) or beneficiaries of
such entities, and the nature of the required information;
(3) evaluating whether the lack of available beneficial
ownership information for partnerships, trusts, or other legal
entities--
(A) raises concerns about the involvement of such
entities in terrorism, money laundering, tax evasion,
securities fraud, or other misconduct;
(B) has impeded investigations into entities
suspected of such misconduct; and
(C) increases the costs to financial institutions
of complying with due diligence requirements imposed
under the Bank Secrecy Act, the USA PATRIOT Act, or
other applicable Federal, State, or Tribal law; and
(4) evaluating whether the failure of the United States to
require beneficial ownership information for partnerships and
trusts formed or registered in the United States has elicited
international criticism and what steps, if any, the United
States has taken or is planning to take in response.
(c) Effectiveness of Incorporation Practices.--Not later than 5
years after the date of enactment of this Act, the Comptroller General
of the United States shall conduct a study and submit to the Congress a
report assessing the effectiveness of incorporation practices
implemented under this division and the amendments made by this
division in--
(1) providing law enforcement agencies with prompt access
to reliable, useful, and complete beneficial ownership
information; and
(2) strengthening the capability of law enforcement
agencies to combat incorporation abuses, civil and criminal
misconduct, and detect, prevent, or punish terrorism, money
laundering, tax evasion, or other misconduct.
(d) Annual Report on Beneficial Ownership Information.--
(1) Report.--The Secretary of the Treasury shall issue an
annual report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate with respect to the beneficial
ownership information collected pursuant to section 5333 of
title 31, United States Code, that contains--
(A) aggregate data on the number of beneficial
owners per reporting corporation or limited liability
company;
(B) the industries or type of business of each
reporting corporation or limited liability company; and
(C) the locations of the beneficial owners.
(2) Privacy.--In issuing reports under paragraph (1), the
Secretary shall not reveal the identities of beneficial owners
or names of the reporting corporations or limited liability
companies.
SEC. 6005. DEFINITIONS.
In this division, the terms ``Bank Secrecy Act'', ``beneficial
owner'', ``corporation'', and ``limited liability company'' have the
meaning given those terms, respectively, under section 5333(d) of title
31, United States Code.
DIVISION G--COUNTER ACT OF 2019
SEC. 7001. SHORT TITLE.
This division may be cited as the ``Coordinating Oversight,
Upgrading and Innovating Technology, and Examiner Reform Act of 2019''
or the ``COUNTER Act of 2019''.
SEC. 7002. BANK SECRECY ACT DEFINITION.
Section 5312(a) of title 31, United States Code, is amended by
adding at the end the following:
``(7) Bank secrecy act.--The term `Bank Secrecy Act'
means--
``(A) section 21 of the Federal Deposit Insurance
Act;
``(B) chapter 2 of title I of Public Law 91-508;
and
``(C) this subchapter.''.
TITLE I--STRENGTHENING TREASURY
SEC. 7101. IMPROVING THE DEFINITION AND PURPOSE OF THE BANK SECRECY
ACT.
Section 5311 of title 31, United States Code, is amended--
(1) by inserting ``to protect our national security, to
safeguard the integrity of the international financial system,
and'' before ``to require''; and
(2) by inserting ``to law enforcement and'' before ``in
criminal''.
SEC. 7102. SPECIAL HIRING AUTHORITY.
(a) In General.--Section 310 of title 31, United States Code, is
amended--
(1) by redesignating subsection (d) as subsection (g); and
(2) by inserting after subsection (c) the following:
``(d) Special Hiring Authority.--
``(1) In general.--The Secretary of the Treasury may
appoint, without regard to the provisions of sections 3309
through 3318 of title 5, candidates directly to positions in
the competitive service (as defined in section 2102 of that
title) in FinCEN.
``(2) Primary responsibilities.--The primary responsibility
of candidates appointed pursuant to paragraph (1) shall be to
provide substantive support in support of the duties described
in subparagraphs (A), (B), (E), and (F) of subsection
(b)(2).''.
(b) Report.--Not later than 360 days after the date of enactment of
this Act, and every year thereafter for 7 years, the Director of the
Financial Crimes Enforcement Network shall submit a report to the
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate that
includes--
(1) the number of new employees hired since the preceding
report through the authorities described under section 310(d)
of title 31, United States Code, along with position titles and
associated pay grades for such hires; and
(2) a copy of any Federal Government survey of staff
perspectives at the Office of Terrorism and Financial
Intelligence, including findings regarding the Office and the
Financial Crimes Enforcement Network from the most recently
administered Federal Employee Viewpoint Survey.
SEC. 7103. CIVIL LIBERTIES AND PRIVACY OFFICER.
(a) Appointment of Officers.--Not later than the end of the 3-month
period beginning on the date of enactment of this Act, a Civil
Liberties and Privacy Officer shall be appointed, from among
individuals who are attorneys with expertise in data privacy laws--
(1) within each Federal functional regulator, by the head
of the Federal functional regulator;
(2) within the Financial Crimes Enforcement Network, by the
Secretary of the Treasury; and
(3) within the Internal Revenue Service Small Business and
Self-Employed Tax Center, by the Secretary of the Treasury.
(b) Duties.--Each Civil Liberties and Privacy Officer shall, with
respect to the applicable regulator, Network, or Center within which
the Officer is located--
(1) be consulted each time Bank Secrecy Act or anti-money
laundering regulations affecting civil liberties or privacy are
developed or reviewed;
(2) be consulted on information-sharing programs, including
those that provide access to personally identifiable
information;
(3) ensure coordination and clarity between anti-money
laundering, civil liberties, and privacy regulations;
(4) contribute to the evaluation and regulation of new
technologies that may strengthen data privacy and the
protection of personally identifiable information collected by
each Federal functional regulator; and
(5) develop metrics of program success.
(c) Definitions.--For purposes of this section:
(1) Bank secrecy act.--The term ``Bank Secrecy Act'' has
the meaning given that term under section 5312 of title 31,
United States Code.
(2) Federal functional regulator.--The term ``Federal
functional regulator'' means the Board of Governors of the
Federal Reserve System, the Comptroller of the Currency, the
Federal Deposit Insurance Corporation, the National Credit
Union Administration, the Securities and Exchange Commission,
and the Commodity Futures Trading Commission.
SEC. 7104. CIVIL LIBERTIES AND PRIVACY COUNCIL.
(a) Establishment.--There is established the Civil Liberties and
Privacy Council (hereinafter in this section referred to as the
``Council''), which shall consist of the Civil Liberties and Privacy
Officers appointed pursuant to section 7103.
(b) Chair.--The Director of the Financial Crimes Enforcement
Network shall serve as the Chair of the Council.
(c) Duty.--The members of the Council shall coordinate on
activities related to their duties as Civil Liberties Privacy Officers,
but may not supplant the individual agency determinations on civil
liberties and privacy.
(d) Meetings.--The meetings of the Council--
(1) shall be at the call of the Chair, but in no case may
the Council meet less than quarterly;
(2) may include open and partially closed sessions, as
determined necessary by the Council; and
(3) shall include participation by public and private
entities, law enforcement agencies, and a representative of
State bank supervisors (as defined under section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813)).
(e) Report.--The Chair of the Council shall issue an annual report
to the Congress on the program and policy activities, including the
success of programs as measured by metrics of program success developed
pursuant to section 7103(b)(5), of the Council during the previous year
and any legislative recommendations that the Council may have.
(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Council.
SEC. 7105. INTERNATIONAL COORDINATION.
(a) In General.--The Secretary of the Treasury shall work with the
Secretary's foreign counterparts, including through the Financial
Action Task Force, the International Monetary Fund, the World Bank, the
Egmont Group of Financial Intelligence Units, the Organisation for
Economic Co-operation and Development, and the United Nations, to
promote stronger anti-money laundering frameworks and enforcement of
anti-money laundering laws.
(b) Cooperation Goal.--In carrying out subsection (a), the
Secretary of the Treasury may work directly with foreign counterparts
and other organizations where the goal of cooperation can best be met.
(c) International Monetary Fund.--
(1) Support for capacity of the international monetary fund
to prevent money laundering and financing of terrorism.--Title
XVI of the International Financial Institutions Act (22 U.S.C.
262p et seq.) is amended by adding at the end the following:
``SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO
PREVENT MONEY LAUNDERING AND FINANCING OF TERRORISM.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to support the
increased use of the administrative budget of the Fund for technical
assistance that strengthens the capacity of Fund members to prevent
money laundering and the financing of terrorism.''.
(2) National advisory council report to congress.--The
Chairman of the National Advisory Council on International
Monetary and Financial Policies shall include in the report
required by section 1701 of the International Financial
Institutions Act (22 U.S.C. 262r) a description of--
(A) the activities of the International Monetary
Fund in the most recently completed fiscal year to
provide technical assistance that strengthens the
capacity of Fund members to prevent money laundering
and the financing of terrorism, and the effectiveness
of the assistance; and
(B) the efficacy of efforts by the United States to
support such technical assistance through the use of
the Fund's administrative budget, and the level of such
support.
(3) Sunset.--Effective on the date that is the end of the
4-year period beginning on the date of enactment of this Act,
section 1629 of the International Financial Institutions Act,
as added by paragraph (1), is repealed.
SEC. 7106. TREASURY ATTACHES PROGRAM.
(a) In General.--Title 31, United States Code, is amended by
inserting after section 315 the following:
``Sec. 316. Treasury Attaches Program
``(a) In General.--There is established the Treasury Attaches
Program, under which the Secretary of the Treasury shall appoint
employees of the Department of the Treasury, after nomination by the
Director of the Financial Crimes Enforcement Network (`FinCEN'), as a
Treasury attache, who shall--
``(1) be knowledgeable about the Bank Secrecy Act and anti-
money laundering issues;
``(2) be co-located in a United States embassy;
``(3) perform outreach with respect to Bank Secrecy Act and
anti-money laundering issues;
``(4) establish and maintain relationships with foreign
counterparts, including employees of ministries of finance,
central banks, and other relevant official entities;
``(5) conduct outreach to local and foreign financial
institutions and other commercial actors, including--
``(A) information exchanges through FinCEN and
FinCEN programs; and
``(B) soliciting buy-in and cooperation for the
implementation of--
``(i) United States and multilateral
sanctions; and
``(ii) international standards on anti-
money laundering and the countering of the
financing of terrorism; and
``(6) perform such other actions as the Secretary
determines appropriate.
``(b) Number of Attaches.--The number of Treasury attaches
appointed under this section at any one time shall be not fewer than 6
more employees than the number of employees of the Department of the
Treasury serving as Treasury attaches on March 1, 2020.
``(c) Compensation.--Each Treasury attache appointed under this
section and located at a United States embassy shall receive
compensation at the higher of--
``(1) the rate of compensation provided to a Foreign
Service officer at a comparable career level serving at the
same embassy; or
``(2) the rate of compensation the Treasury attache would
otherwise have received, absent the application of this
subsection.
``(d) Bank Secrecy Act Defined.--In this section, the term `Bank
Secrecy Act' has the meaning given that term under section 5312.''.
(b) Clerical Amendment.--The table of contents for chapter 3 of
title 31, United States Code, is amended by inserting after the item
relating to section 315 the following:
``316. Treasury Attaches Program.''.
SEC. 7107. INCREASING TECHNICAL ASSISTANCE FOR INTERNATIONAL
COOPERATION.
(a) In General.--There is authorized to be appropriated for each of
fiscal years 2021 through 2025 to the Secretary of the Treasury for
purposes of providing technical assistance that promotes compliance
with international standards and best practices, including in
particular those aimed at the establishment of effective anti-money
laundering and countering the financing of terrorism regimes, in an
amount equal to twice the amount authorized for such purpose for fiscal
year 2020.
(b) Activity and Evaluation Report.--Not later than 360 days after
enactment of this Act, and every year thereafter for 5 years, the
Secretary of the Treasury shall issue a report to the Congress on the
assistance (as described under subsection (a)) of the Office of
Technical Assistance of the Department of the Treasury containing--
(1) a narrative detailing the strategic goals of the Office
in the previous year, with an explanation of how technical
assistance provided in the previous year advances the goals;
(2) a description of technical assistance provided by the
Office in the previous year, including the objectives and
delivery methods of the assistance;
(3) a list of beneficiaries and providers (other than
Office staff) of the technical assistance;
(4) a description of how technical assistance provided by
the Office complements, duplicates, or otherwise affects or is
affected by technical assistance provided by the international
financial institutions (as defined under section 1701(c) of the
International Financial Institutions Act); and
(5) a copy of any Federal Government survey of staff
perspectives at the Office of Technical Assistance, including
any findings regarding the Office from the most recently
administered Federal Employee Viewpoint Survey.
SEC. 7108. FINCEN DOMESTIC LIAISONS.
Section 310 of title 31, United States Code, as amended by section
7102, is further amended by inserting after subsection (d) the
following:
``(e) FinCEN Domestic Liaisons.--
``(1) In general.--The Director of FinCEN shall appoint at
least 6 senior FinCEN employees as FinCEN Domestic Liaisons,
who shall--
``(A) each be assigned to focus on a specific
region of the United States;
``(B) be located at an office in such region (or
co-located at an office of the Board of Governors of
the Federal Reserve System in such region); and
``(C) perform outreach to BSA officers at financial
institutions (including non-bank financial
institutions) and persons who are not financial
institutions, especially with respect to actions taken
by FinCEN that require specific actions by, or have
specific effects on, such institutions or persons, as
determined by the Director.
``(2) Definitions.--In this subsection:
``(A) BSA officer.--The term `BSA officer' means an
employee of a financial institution whose primary job
responsibility involves compliance with the Bank
Secrecy Act, as such term is defined under section
5312.
``(B) Financial institution.--The term `financial
institution' has the meaning given that term under
section 5312.''.
SEC. 7109. FINCEN EXCHANGE.
Section 310 of title 31, United States Code, as amended by section
7108, is further amended by inserting after subsection (e) the
following:
``(f) FinCEN Exchange.--
``(1) Establishment.--The FinCEN Exchange is hereby
established within FinCEN, which shall consist of the FinCEN
Exchange program of FinCEN in existence on the day before the
date of enactment of this paragraph.
``(2) Purpose.--The FinCEN Exchange shall facilitate a
voluntary public-private information sharing partnership among
law enforcement, financial institutions, and FinCEN to--
``(A) effectively and efficiently combat money
laundering, terrorism financing, organized crime, and
other financial crimes;
``(B) protect the financial system from illicit
use; and
``(C) promote national security.
``(3) Report.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, and annually
thereafter for the next 5 years, the Secretary of the
Treasury shall submit to the Committee on Financial
Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report containing--
``(i) an analysis of the efforts undertaken
by the FinCEN Exchange and the results of such
efforts;
``(ii) an analysis of the extent and
effectiveness of the FinCEN Exchange, including
any benefits realized by law enforcement from
partnership with financial institutions; and
``(iii) any legislative, administrative, or
other recommendations the Secretary may have to
strengthen FinCEN Exchange efforts.
``(B) Classified annex.--Each report under
subparagraph (A) may include a classified annex.
``(4) Information sharing requirement.--Information shared
pursuant to this subsection shall be shared in compliance with
all other applicable Federal laws and regulations.
``(5) Rule of construction.--Nothing under this subsection
may be construed to create new information sharing authorities
related to the Bank Secrecy Act (as such term is defined under
section 5312 of title 31, United States Code).
``(6) Financial institution defined.--In this subsection,
the term `financial institution' has the meaning given that
term under section 5312.''.
SEC. 7110. STUDY AND STRATEGY ON TRADE-BASED MONEY LAUNDERING.
(a) Study.--The Secretary of the Treasury shall carry out a study,
in consultation with appropriate private sector stakeholders and
Federal departments and agencies, on trade-based money laundering.
(b) Report.--Not later than the end of the 1-year period beginning
on the date of the enactment of this Act, the Secretary shall issue a
report to the Congress containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) proposed strategies to combat trade-based money
laundering.
(c) Classified Annex.--The report required under this section may
include a classified annex.
(d) Contracting Authority.--The Secretary may contract with a
private third-party to carry out the study required under this section.
The authority of the Secretary to enter into contracts under this
subsection shall be in effect for each fiscal year only to the extent
and in the amounts as are provided in advance in appropriations Acts.
SEC. 7111. STUDY AND STRATEGY ON DE-RISKING.
(a) Review.--The Secretary of the Treasury, in consultation with
appropriate private sector stakeholders, examiners, the Federal
functional regulators (as defined under section 7103), State bank
supervisors, and other relevant stakeholders, shall undertake a formal
review of--
(1) any adverse consequences of financial institutions de-
risking entire categories of relationships, including
charities, embassy accounts, money services businesses (as
defined under section 1010.100(ff) of title 31, Code of Federal
Regulations) and their agents, countries, international and
domestic regions, and respondent banks;
(2) the reasons why financial institutions are engaging in
de-risking;
(3) the association with and effects of de-risking on money
laundering and financial crime actors and activities;
(4) the most appropriate ways to promote financial
inclusion, particularly with respect to developing countries,
while maintaining compliance with the Bank Secrecy Act,
including an assessment of policy options to--
(A) more effectively tailor Federal actions and
penalties to the size of foreign financial institutions
and any capacity limitations of foreign governments;
and
(B) reduce compliance costs that may lead to the
adverse consequences described in paragraph (1);
(5) formal and informal feedback provided by examiners that
may have led to de-risking;
(6) the relationship between resources dedicated to
compliance and overall sophistication of compliance efforts at
entities that may be experiencing de-risking versus those that
have not experienced de-risking; and
(7) any best practices from the private sector that
facilitate correspondent bank relationships.
(b) De-Risking Strategy.--The Secretary shall develop a strategy to
reduce de-risking and adverse consequences related to de-risking.
(c) Report.--Not later than the end of the 1-year period beginning
on the date of the enactment of this Act, the Secretary, in
consultation with the Federal functional regulators, State bank
supervisors, and other relevant stakeholders, shall issue a report to
the Congress containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) the strategy developed pursuant to subsection (b).
(d) Definitions.--In this section:
(1) De-risking.--The term ``de-risking'' means the
wholesale closing of accounts or limiting of financial services
for a category of customer due to unsubstantiated risk as it
relates to compliance with the Bank Secrecy Act.
(2) BSA terms.--The terms ``Bank Secrecy Act'' and
``financial institution'' have the meaning given those terms,
respectively, under section 5312 off title 31, United States
Code.
(3) State bank supervisor.--The term ``State bank
supervisor'' has the meaning given that term under section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).
SEC. 7112. AML EXAMINATION AUTHORITY DELEGATION STUDY.
(a) Study.--The Secretary of the Treasury, in consultation with
State bank supervisors (as defined under section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813)) and other relevant
stakeholders, shall carry out a study on the Secretary's delegation of
examination authority under the Bank Secrecy Act, including--
(1) an evaluation of the efficacy of the delegation,
especially with respect to the mission of the Bank Secrecy Act;
(2) whether the delegated agencies have appropriate
resources to perform their delegated responsibilities; and
(3) whether the examiners in delegated agencies have
sufficient training and support to perform their
responsibilities.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of the Treasury shall submit to the Committee
on Financial Services of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate a report
containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) recommendations to improve the efficacy of delegation
authority, including the potential for de-delegation of any or
all such authority where it may be appropriate.
(c) Bank Secrecy Act Defined.--The term ``Bank Secrecy Act'' has
the meaning given that term under section 5312 of title 31, United
States Code.
SEC. 7113. STUDY AND STRATEGY ON CHINESE MONEY LAUNDERING.
(a) Study.--The Secretary of the Treasury shall carry out a study
on the extent and effect of Chinese money laundering activities in the
United States, including territories and possessions of the United
States, and worldwide.
(b) Strategy To Combat Chinese Money Laundering.--Upon the
completion of the study required under subsection (a), the Secretary
shall, in consultation with such other Federal departments and agencies
as the Secretary determines appropriate, develop a strategy to combat
Chinese money laundering activities.
(c) Report.--Not later than the end of the 1-year period beginning
on the date of enactment of this Act, the Secretary of the Treasury
shall issue a report to Congress containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) the strategy developed under subsection (b).
TITLE II--IMPROVING AML/CFT OVERSIGHT
SEC. 7201. PILOT PROGRAM ON SHARING OF SUSPICIOUS ACTIVITY REPORTS
WITHIN A FINANCIAL GROUP.
(a) In General.--
(1) Sharing with foreign branches and affiliates.--Section
5318(g) of title 31, United States Code, is amended by adding
at the end the following:
``(5) Pilot program on sharing with foreign branches,
subsidiaries, and affiliates.--
``(A) In general.--The Secretary of the Treasury
shall issue rules establishing the pilot program
described under subparagraph (B), subject to such
controls and restrictions as the Director of the
Financial Crimes Enforcement Network determines
appropriate, including controls and restrictions
regarding participation by financial institutions and
jurisdictions in the pilot program. In prescribing such
rules, the Secretary shall ensure that the sharing of
information described under such subparagraph (B) is
subject to appropriate standards and requirements
regarding data security and the confidentiality of
personally identifiable information.
``(B) Pilot program described.--The pilot program
required under this paragraph shall--
``(i) permit a financial institution with a
reporting obligation under this subsection to
share reports (and information on such reports)
under this subsection with the institution's
foreign branches, subsidiaries, and affiliates
for the purpose of combating illicit finance
risks, notwithstanding any other provision of
law except subparagraphs (A) and (C);
``(ii) terminate on the date that is 5
years after the date of enactment of this
paragraph, except that the Secretary may extend
the pilot program for up to 2 years upon
submitting a report to the Committee on
Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate that
includes--
``(I) a certification that the
extension is in the national interest
of the United States, with a detailed
explanation of the reasons therefor;
``(II) an evaluation of the
usefulness of the pilot program,
including a detailed analysis of any
illicit activity identified or
prevented as a result of the program;
and
``(III) a detailed legislative
proposal providing for a long-term
extension of the pilot program
activities, including expected
budgetary resources for the activities,
if the Secretary determines that a
long-term extension is appropriate.
``(C) Prohibition involving certain
jurisdictions.--In issuing the regulations required
under subparagraph (A), the Secretary may not permit a
financial institution to share information on reports
under this subsection with a foreign branch,
subsidiary, or affiliate located in--
``(i) the People's Republic of China;
``(ii) the Russian Federation; or
``(iii) a jurisdiction that--
``(I) is subject to countermeasures
imposed by the Federal Government;
``(II) is a state sponsor of
terrorism; or
``(III) the Secretary has
determined cannot reasonably protect
the privacy and confidentiality of such
information or would otherwise use such
information in a manner that is not
consistent with the national interest
of the United States.
``(D) Implementation updates.--Not later than 360
days after the date rules are issued under subparagraph
(A), and annually thereafter for 3 years, the
Secretary, or the Secretary's designee, shall brief the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate on--
``(i) the degree of any information sharing
permitted under the pilot program, and a
description of criteria used by the Secretary
to evaluate the appropriateness of the
information sharing;
``(ii) the effectiveness of the pilot
program in identifying or preventing the
violation of a United States law or regulation,
and mechanisms that may improve such
effectiveness; and
``(iii) any recommendations to amend the
design of the pilot program.
``(E) Rule of construction.--Nothing in this
paragraph shall be construed as limiting the
Secretary's authority under provisions of law other
than this paragraph to establish other permissible
purposes or methods for a financial institution sharing
reports (and information on such reports) under this
subsection with the institution's foreign headquarters
or with other branches of the same institution.
``(F) Notice of use of other authority.--If the
Secretary, pursuant to any authority other than that
provided under this paragraph, permits a financial
institution to share information on reports under this
subsection with a foreign branch, subsidiary, or
affiliate located in a foreign jurisdiction, the
Secretary shall notify the Committee on Financial
Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of
such permission and the applicable foreign
jurisdiction.
``(6) Treatment of foreign jurisdiction-originated
reports.--A report received by a financial institution from a
foreign affiliate with respect to a suspicious transaction
relevant to a possible violation of law or regulation shall be
subject to the same confidentiality requirements provided under
this subsection for a report of a suspicious transaction
described under paragraph (1).''.
(2) Notification prohibitions.--Section 5318(g)(2)(A) of
title 31, United States Code, is amended--
(A) in clause (i), by inserting after ``transaction
has been reported'' the following: ``or otherwise
reveal any information that would reveal that the
transaction has been reported''; and
(B) in clause (ii), by inserting after
``transaction has been reported,'' the following: ``or
otherwise reveal any information that would reveal that
the transaction has been reported,''.
(b) Rulemaking.--Not later than the end of the 360-day period
beginning on the date of enactment of this Act, the Secretary of the
Treasury shall issue regulations to carry out the amendments made by
this section.
SEC. 7202. SHARING OF COMPLIANCE RESOURCES.
(a) In General.--Section 5318 of title 31, United States Code, is
amended by adding at the end the following:
``(o) Sharing of Compliance Resources.--
``(1) Sharing permitted.--Two or more financial
institutions may enter into collaborative arrangements in order
to more efficiently comply with the requirements of this
subchapter.
``(2) Outreach.--The Secretary of the Treasury and the
appropriate supervising agencies shall carry out an outreach
program to provide financial institutions with information,
including best practices, with respect to the sharing of
resources described under paragraph (1).''.
(b) Rule of Construction.--The amendment made by subsection (a) may
not be construed to require financial institutions to share resources.
SEC. 7203. GAO STUDY ON FEEDBACK LOOPS.
(a) Study.--The Comptroller General of the United States shall
carry out a study on--
(1) best practices within the United States Government for
providing feedback (``feedback loop'') to relevant parties
(including regulated private entities) on the usage and
usefulness of personally identifiable information (``PII''),
sensitive-but-unclassified (``SBU'') data, or similar
information provided by such parties to Government users of
such information and data (including law enforcement or
regulators); and
(2) any practices or standards inside or outside the United
States for providing feedback through sensitive information and
public-private partnership information sharing efforts,
specifically related to efforts to combat money laundering and
other forms of illicit finance.
(b) Report.--Not later than the end of the 18-month period
beginning on the date of the enactment of this Act, the Comptroller
General shall issue a report to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial Services of
the House of Representatives containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a);
(2) with respect to each of paragraphs (1) and (2) of
subsection (a), any best practices or significant concerns
identified by the Comptroller General, and their applicability
to public-private partnerships and feedback loops with respect
to United States efforts to combat money laundering and other
forms of illicit finance; and
(3) recommendations to reduce or eliminate any unnecessary
Government collection of the information described under
subsection (a)(1).
SEC. 7204. FINCEN STUDY ON BSA VALUE.
(a) Study.--The Director of the Financial Crimes Enforcement
Network shall carry out a study on Bank Secrecy Act value.
(b) Report.--Not later than the end of the 30-day period beginning
on the date the study under subsection (a) is completed, the Director
shall issue a report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate containing all findings and determinations
made in carrying out the study required under this section.
(c) Classified Annex.--The report required under this section may
include a classified annex, if the Director determines it appropriate.
(d) Bank Secrecy Act Defined.--For purposes of this section, the
term ``Bank Secrecy Act'' has the meaning given that term under section
5312 of title 31, United States Code.
SEC. 7205. SHARING OF THREAT PATTERN AND TREND INFORMATION.
Section 5318(g) of title 31, United States Code, as amended by
section 7201(a)(1), is further amended by adding at the end the
following:
``(7) Sharing of threat pattern and trend information.--
``(A) SAR activity review.--The Director of the
Financial Crimes Enforcement Network shall restart
publication of the `SAR Activity Review - Trends, Tips
& Issues', on not less than a semi-annual basis, to
provide meaningful information about the preparation,
use, and value of reports filed under this subsection
by financial institutions, as well as other reports
filed by financial institutions under the Bank Secrecy
Act.
``(B) Inclusion of typologies.--In each publication
described under subparagraph (A), the Director shall
provide financial institutions with typologies,
including data that can be adapted in algorithms
(including for artificial intelligence and machine
learning programs) where appropriate, on emerging money
laundering and counter terror financing threat patterns
and trends.
``(C) Typology defined.--For purposes of this
paragraph, the term `typology' means the various
techniques used to launder money or finance
terrorism.''.
SEC. 7206. MODERNIZATION AND UPGRADING WHISTLEBLOWER PROTECTIONS.
(a) Rewards.--Section 5323(d) of title 31, United States Code, is
amended to read as follows:
``(d) Source of Rewards.--For the purposes of paying a reward under
this section, the Secretary may, subject to amounts made available in
advance by appropriation Acts, use criminal fine, civil penalty, or
forfeiture amounts recovered based on the original information with
respect to which the reward is being paid.''.
(b) Whistleblower Incentives.--Chapter 53 of title 31, United
States Code, is amended--
(1) by inserting after section 5323 the following:
``Sec. 5323A. Whistleblower incentives
``(a) Definitions.--In this section:
``(1) Covered judicial or administrative action.--The term
`covered judicial or administrative action' means any judicial
or administrative action brought by FinCEN under the Bank
Secrecy Act that results in monetary sanctions exceeding
$1,000,000.
``(2) FinCEN.--The term `FinCEN' means the Financial Crimes
Enforcement Network.
``(3) Monetary sanctions.--The term `monetary sanctions',
when used with respect to any judicial or administrative
action, means--
``(A) any monies, including penalties,
disgorgement, and interest, ordered to be paid; and
``(B) any monies deposited into a disgorgement fund
as a result of such action or any settlement of such
action.
``(4) Original information.--The term `original
information' means information that--
``(A) is derived from the independent knowledge or
analysis of a whistleblower;
``(B) is not known to FinCEN from any other source,
unless the whistleblower is the original source of the
information; and
``(C) is not exclusively derived from an allegation
made in a judicial or administrative hearing, in a
governmental report, hearing, audit, or investigation,
or from the news media, unless the whistleblower is a
source of the information.
``(5) Related action.--The term `related action', when used
with respect to any judicial or administrative action brought
by FinCEN, means any judicial or administrative action that is
based upon original information provided by a whistleblower
that led to the successful enforcement of the action.
``(6) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(7) Whistleblower.--The term `whistleblower' means any
individual who provides, or 2 or more individuals acting
jointly who provide, information relating to a violation of
laws enforced by FinCEN, in a manner established, by rule or
regulation, by FinCEN.
``(b) Awards.--
``(1) In general.--In any covered judicial or
administrative action, or related action, the Secretary, under
such rules as the Secretary may issue and subject to subsection
(c), shall pay an award or awards to 1 or more whistleblowers
who voluntarily provided original information to FinCEN that
led to the successful enforcement of the covered judicial or
administrative action, or related action, in an aggregate
amount equal to not more than 30 percent, in total, of what has
been collected of the monetary sanctions imposed in the action.
``(2) Source of awards.--For the purposes of paying any
award under paragraph (1), the Secretary may, subject to
amounts made available in advance by appropriation Acts, use
monetary sanction amounts recovered based on the original
information with respect to which the award is being paid.
``(c) Determination of Amount of Award; Denial of Award.--
``(1) Determination of amount of award.--
``(A) Discretion.--The determination of the amount
of an award made under subsection (b) shall be in the
discretion of the Secretary.
``(B) Criteria.--In responding to a disclosure and
determining the amount of an award made, FinCEN staff
shall meet with the whistleblower to discuss evidence
disclosed and rebuttals to the disclosure, and shall
take into consideration--
``(i) the significance of the information
provided by the whistleblower to the success of
the covered judicial or administrative action;
``(ii) the degree of assistance provided by
the whistleblower and any legal representative
of the whistleblower in a covered judicial or
administrative action;
``(iii) the mission of FinCEN in deterring
violations of the law by making awards to
whistleblowers who provide information that
lead to the successful enforcement of such
laws; and
``(iv) such additional relevant factors as
the Secretary may establish by rule.
``(2) Denial of award.--No award under subsection (b) shall
be made--
``(A) to any whistleblower who is, or was at the
time the whistleblower acquired the original
information submitted to FinCEN, a member, officer, or
employee of--
``(i) an appropriate regulatory agency;
``(ii) the Department of Justice;
``(iii) a self-regulatory organization; or
``(iv) a law enforcement organization;
``(B) to any whistleblower who is convicted of a
criminal violation, or who the Secretary has a
reasonable basis to believe committed a criminal
violation, related to the judicial or administrative
action for which the whistleblower otherwise could
receive an award under this section;
``(C) to any whistleblower who gains the
information through the performance of an audit of
financial statements required under the Bank Secrecy
Act and for whom such submission would be contrary to
its requirements; or
``(D) to any whistleblower who fails to submit
information to FinCEN in such form as the Secretary
may, by rule, require.
``(3) Statement of reasons.--For any decision granting or
denying an award, the Secretary shall provide to the
whistleblower a statement of reasons that includes findings of
fact and conclusions of law for all material issues.
``(d) Representation.--
``(1) Permitted representation.--Any whistleblower who
makes a claim for an award under subsection (b) may be
represented by counsel.
``(2) Required representation.--
``(A) In general.--Any whistleblower who
anonymously makes a claim for an award under subsection
(b) shall be represented by counsel if the
whistleblower anonymously submits the information upon
which the claim is based.
``(B) Disclosure of identity.--Prior to the payment
of an award, a whistleblower shall disclose their
identity and provide such other information as the
Secretary may require, directly or through counsel for
the whistleblower.
``(e) Appeals.--Any determination made under this section,
including whether, to whom, or in what amount to make awards, shall be
in the discretion of the Secretary. Any such determination, except the
determination of the amount of an award if the award was made in
accordance with subsection (b), may be appealed to the appropriate
court of appeals of the United States not more than 30 days after the
determination is issued by the Secretary. The court shall review the
determination made by the Secretary in accordance with section 706 of
title 5.
``(f) Employee Protections.--The Secretary of the Treasury shall
issue regulations protecting a whistleblower from retaliation, which
shall be as close as practicable to the employee protections provided
for under section 1057 of the Consumer Financial Protection Act of
2010.''; and
(2) in the table of contents for such chapter, by inserting
after the item relating to section 5323 the following new item:
``5323A. Whistleblower incentives.''.
SEC. 7207. CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS OF UNITED
STATES FINANCIAL INSTITUTIONS.
Section 5321 of title 31, United States Code, is amended by adding
at the end the following:
``(f) Certain Violators Barred From Serving on Boards of United
States Financial Institutions.--
``(1) In general.--An individual found to have committed an
egregious violation of a provision of (or rule issued under)
the Bank Secrecy Act shall be barred from serving on the board
of directors of a United States financial institution for a 10-
year period beginning on the date of such finding.
``(2) Egregious violation defined.--With respect to an
individual, the term `egregious violation' means--
``(A) a felony criminal violation for which the
individual was convicted; and
``(B) a civil violation where the individual
willfully committed such violation and the violation
facilitated money laundering or the financing of
terrorism.''.
SEC. 7208. ADDITIONAL DAMAGES FOR REPEAT BANK SECRECY ACT VIOLATORS.
(a) In General.--Section 5321 of title 31, United States Code, as
amended by section 7208, is further amended by adding at the end the
following:
``(g) Additional Damages for Repeat Violators.--In addition to any
other fines permitted by this section and section 5322, with respect to
a person who has previously been convicted of a criminal provision of
(or rule issued under) the Bank Secrecy Act or who has admitted, as
part of a deferred- or non-prosecution agreement, to having previously
committed a violation of a criminal provision of (or rule issued under)
the Bank Secrecy Act, the Secretary may impose an additional civil
penalty against such person for each additional such violation in an
amount equal to up three times the profit gained or loss avoided by
such person as a result of the violation.''.
(b) Prospective Application of Amendment.--For purposes of
determining whether a person has committed a previous violation under
section 5321(g) of title 31, United States Code, such determination
shall only include violations occurring after the date of enactment of
this Act.
SEC. 7209. JUSTICE ANNUAL REPORT ON DEFERRED AND NON-PROSECUTION
AGREEMENTS.
(a) Annual Report.--The Attorney General shall issue an annual
report, every year for the 5 years beginning on the date of enactment
of this Act, to the Committees on Financial Services and the Judiciary
of the House of Representatives and the Committees on Banking, Housing,
and Urban Affairs and the Judiciary of the Senate containing--
(1) a list of deferred prosecution agreements and non-
prosecution agreements that the Attorney General has entered
into during the previous year with any person with respect to a
violation or suspected violation of the Bank Secrecy Act;
(2) the justification for entering into each such
agreement;
(3) the list of factors that were taken into account in
determining that the Attorney General should enter into each
such agreement; and
(4) the extent of coordination the Attorney General
conducted with the Financial Crimes Enforcement Network prior
to entering into each such agreement.
(b) Classified Annex.--Each report under subsection (a) may include
a classified annex.
(c) Bank Secrecy Act Defined.--For purposes of this section, the
term ``Bank Secrecy Act'' has the meaning given that term under section
5312 of title 31, United States Code.
SEC. 7210. RETURN OF PROFITS AND BONUSES.
(a) In General.--Section 5322 of title 31, United States Code, is
amended by adding at the end the following:
``(e) Return of Profits and Bonuses.--A person convicted of
violating a provision of (or rule issued under) the Bank Secrecy Act
shall--
``(1) in addition to any other fine under this section, be
fined in an amount equal to the profit gained by such person by
reason of such violation, as determined by the court; and
``(2) if such person is an individual who was a partner,
director, officer, or employee of a financial institution at
the time the violation occurred, repay to such financial
institution any bonus paid to such individual during the
Federal fiscal year in which the violation occurred or the
Federal fiscal year after which the violation occurred.''.
(b) Rule of Construction.--The amendment made by subsection (a) may
not be construed to prohibit a financial institution from requiring the
repayment of a bonus paid to a partner, director, officer, or employee
if the financial institution determines that the partner, director,
officer, or employee engaged in unethical, but non-criminal,
activities.
SEC. 7211. APPLICATION OF BANK SECRECY ACT TO DEALERS IN ANTIQUITIES.
(a) In General.--Section 5312(a)(2) of title 31, United States
Code, is amended--
(1) in subparagraph (Y), by striking ``or'' at the end;
(2) by redesignating subparagraph (Z) as subparagraph (AA);
and
(3) by inserting after subsection (Y) the following:
``(Z) a person trading or acting as an intermediary
in the trade of antiquities, including an advisor,
consultant or any other person who engages as a
business in the solicitation of the sale of
antiquities; or''.
(b) Study on the Facilitation of Money Laundering and Terror
Finance Through the Trade of Works of Art or Antiquities.--
(1) Study.--The Secretary of the Treasury, in coordination
with Federal Bureau of Investigation, the Attorney General, and
Homeland Security Investigations, shall perform a study on the
facilitation of money laundering and terror finance through the
trade of works of art or antiquities, including an analysis
of--
(A) the extent to which the facilitation of money
laundering and terror finance through the trade of
works of art or antiquities may enter or affect the
financial system of the United States, including any
qualitative data or statistics;
(B) whether thresholds and definitions should apply
in determining which entities to regulate;
(C) an evaluation of which markets, by size, entity
type, domestic or international geographical locations,
or otherwise, should be subject to regulations, but
only to the extent such markets are not already
required to report on the trade of works of art or
antiquities to the Federal Government;
(D) an evaluation of whether certain exemptions
should apply; and
(E) any other points of study or analysis the
Secretary determines necessary or appropriate.
(2) Report.--Not later than the end of the 180-day period
beginning on the date of the enactment of this Act, the
Secretary of the Treasury shall issue a report to the Committee
on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
containing all findings and determinations made in carrying out
the study required under paragraph (1).
(c) Rulemaking.--Not later than the end of the 180-day period
beginning on the date the Secretary issues the report required under
subsection (b)(2), the Secretary shall issue regulations to carry out
the amendments made by subsection (a).
SEC. 7212. GEOGRAPHIC TARGETING ORDER.
The Secretary of the Treasury shall issue a geographic targeting
order, similar to the order issued by the Financial Crimes Enforcement
Network on November 15, 2018, that--
(1) applies to commercial real estate to the same extent,
with the exception of having the same thresholds, as the order
issued by FinCEN on November 15, 2018, applies to residential
real estate; and
(2) establishes a specific threshold for commercial real
estate.
SEC. 7213. STUDY AND REVISIONS TO CURRENCY TRANSACTION REPORTS AND
SUSPICIOUS ACTIVITY REPORTS.
(a) Currency Transaction Reports.--
(1) CTR indexed for inflation.--
(A) In general.--Every 5 years after the date of
enactment of this Act, the Secretary of the Treasury
shall revise regulations issued with respect to section
5313 of title 31, United States Code, to update each
$10,000 threshold amount in such regulation to reflect
the change in the Consumer Price Index for All Urban
Consumers published by the Department of Labor, rounded
to the nearest $100. For purposes of calculating the
change described in the previous sentence, the
Secretary shall use $10,000 as the base amount and the
date of enactment of this Act as the base date.
(B) Exception.--Notwithstanding subparagraph (A),
the Secretary may make appropriate adjustments to the
threshold amounts described under subparagraph (A) in
high-risk areas (e.g., High Intensity Financial Crime
Areas or HIFCAs), if the Secretary has demonstrable
evidence that shows a threshold raise would increase
serious crimes, such as trafficking, or endanger
national security.
(2) GAO ctr study.--
(A) Study.--The Comptroller General of the United
States shall carry out a study of currency transaction
reports. Such study shall include--
(i) a review (carried out in consultation
with the Secretary of the Treasury, the
Financial Crimes Enforcement Network, the
United States Attorney General, the State
Attorneys General, and State, Tribal, and local
law enforcement) of the effectiveness of the
current currency transaction reporting regime;
(ii) an analysis of the importance of
currency transaction reports to law
enforcement; and
(iii) an analysis of the effects of raising
the currency transaction report threshold.
(B) Report.--Not later than the end of the 1-year
period beginning on the date of enactment of this Act,
the Comptroller General shall issue a report to the
Secretary of the Treasury and the Congress containing--
(i) all findings and determinations made in
carrying out the study required under
subparagraph (A); and
(ii) recommendations for improving the
current currency transaction reporting regime.
(b) Modified SARs Study and Design.--
(1) Study.--The Director of the Financial Crimes
Enforcement Network shall carry out a study, in consultation
with industry stakeholders (including money services
businesses, community banks, and credit unions), the Federal
functional regulators, State bank supervisors, and law
enforcement, of the design of a modified suspicious activity
report form for certain customers and activities. Such study
shall include--
(A) an examination of appropriate optimal SARs
thresholds to determine the level at which a modified
SARs form could be employed;
(B) an evaluation of which customers or
transactions would be appropriate for a modified SAR,
including--
(i) seasoned business customers;
(ii) financial technology (Fintech) firms;
(iii) structuring transactions; and
(iv) any other customer or transaction that
may be appropriate for a modified SAR; and
(C) an analysis of the most effective methods to
reduce the regulatory burden imposed on financial
institutions in complying with the Bank Secrecy Act,
including an analysis of the effect of--
(i) modifying thresholds;
(ii) shortening forms;
(iii) combining Bank Secrecy Act forms;
(iv) filing reports in periodic batches;
and
(v) any other method that may reduce the
regulatory burden.
(2) Study considerations.--In carrying out the study
required under paragraph (1), the Director shall seek to
balance law enforcement priorities, regulatory burdens
experienced by financial institutions, and the requirement for
reports to have a ``high degree of usefulness to law
enforcement'' under the Bank Secrecy Act.
(3) Report.--Not later than the end of the 1-year period
beginning on the date of enactment of this Act, the Director
shall issue a report to Congress containing--
(A) all findings and determinations made in
carrying out the study required under subsection (a);
and
(B) sample designs of modified SARs forms based on
the study results.
(4) Contracting authority.--The Director may contract with
a private third-party to carry out the study required under
this subsection. The authority of the Director to enter into
contracts under this paragraph shall be in effect for each
fiscal year only to the extent and in the amounts as are
provided in advance in appropriations Acts.
(c) Definitions.--For purposes of this section:
(1) Bank secrecy act.--The term ``Bank Secrecy Act'' has
the meaning given that term under section 5312 of title 31,
United States Code.
(2) Federal functional regulator.--The term ``Federal
functional regulator'' has the meaning given that term under
section 7103.
(3) Regulatory burden.--The term ``regulatory burden''
means the man-hours to complete filings, cost of data
collection and analysis, and other considerations of chapter 35
of title 44, United States Code (commonly referred to as the
Paperwork Reduction Act).
(4) SAR; suspicious activity report.--The term ``SAR'' and
``suspicious activity report'' mean a report of a suspicious
transaction under section 5318(g) of title 31, United States
Code.
(5) Seasoned business customer.--The term ``seasoned
business customer'', shall have such meaning as the Secretary
of the Treasury shall prescribe, which shall include any person
that--
(A) is incorporated or organized under the laws of
the United States or any State, or is registered as,
licensed by, or otherwise eligible to do business
within the United States, a State, or political
subdivision of a State;
(B) has maintained an account with a financial
institution for a length of time as determined by the
Secretary; and
(C) meet such other requirements as the Secretary
may determine necessary or appropriate.
(6) State bank supervisor.--The term ``State bank
supervisor'' has the meaning given that term under section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).
SEC. 7214. STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION REPORTS
AND SUSPICIOUS ACTIVITY REPORTS.
(a) Review.--The Secretary of the Treasury (in consultation with
Federal law enforcement agencies, the Director of National
Intelligence, the Federal functional regulators, State bank
supervisors, and other relevant stakeholders) shall undertake a formal
review of the current financial institution reporting requirements
under the Bank Secrecy Act and its implementing regulations and propose
changes to further reduce regulatory burdens, and ensure that the
information provided is of a ``high degree of usefulness'' to law
enforcement, as set forth under section 5311 of title 31, United States
Code.
(b) Contents.--The review required under subsection (a) shall
include a study of--
(1) whether the timeframe for filing a suspicious activity
report should be increased from 30 days;
(2) whether or not currency transaction report and
suspicious activity report thresholds should be tied to
inflation or otherwise periodically be adjusted;
(3) whether the circumstances under which a financial
institution determines whether to file a ``continuing
suspicious activity report'', or the processes followed by a
financial institution in determining whether to file a
``continuing suspicious activity report'' (or both) can be
narrowed;
(4) analyzing the fields designated as ``critical'' on the
suspicious activity report form and whether the number of
fields should be reduced;
(5) the increased use of exemption provisions to reduce
currency transaction reports that are of little or no value to
law enforcement efforts;
(6) the current financial institution reporting
requirements under the Bank Secrecy Act and its implementing
regulations and guidance; and
(7) such other items as the Secretary determines
appropriate.
(c) Report.--Not later than the end of the 1-year period beginning
on the date of the enactment of this Act, the Secretary of the
Treasury, in consultation with law enforcement and persons subject to
Bank Secrecy Act requirements, shall issue a report to the Congress
containing all findings and determinations made in carrying out the
review required under subsection (a).
(d) Definitions.--For purposes of this section:
(1) Federal functional regulator.--The term ``Federal
functional regulator'' has the meaning given that term under
section 7103.
(2) State bank supervisor.--The term ``State bank
supervisor'' has the meaning given that term under section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).
(3) Other terms.--The terms ``Bank Secrecy Act'' and
``financial institution'' have the meaning given those terms,
respectively, under section 5312 of title 31, United States
Code.
TITLE III--MODERNIZING THE AML SYSTEM
SEC. 7301. ENCOURAGING INNOVATION IN BSA COMPLIANCE.
Section 5318 of title 31, United States Code, as amended by section
7202, is further amended by adding at the end the following:
``(p) Encouraging Innovation in Compliance.--
``(1) In general.--The Federal functional regulators shall
encourage financial institutions to consider, evaluate, and,
where appropriate, responsibly implement innovative approaches
to meet the requirements of this subchapter, including through
the use of innovation pilot programs.
``(2) Exemptive relief.--The Secretary, pursuant to
subsection (a), may provide exemptions from the requirements of
this subchapter if the Secretary determines such exemptions are
necessary to facilitate the testing and potential use of new
technologies and other innovations.
``(3) Rule of construction.--This subsection may not be
construed to require financial institutions to consider,
evaluate, or implement innovative approaches to meet the
requirements of the Bank Secrecy Act.
``(4) Federal functional regulator defined.--In this
subsection, the term `Federal functional regulator' means the
Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, the Federal Deposit Insurance
Corporation, the National Credit Union Administration, the
Securities and Exchange Commission, and the Commodity Futures
Trading Commission.''.
SEC. 7302. INNOVATION LABS.
(a) In General.--Subchapter II of chapter 53 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 5333. Innovation Labs
``(a) Establishment.--There is established within the Department of
the Treasury and each Federal functional regulator an Innovation Lab.
``(b) Director.--The head of each Innovation Lab shall be a
Director, to be appointed by the Secretary of the Treasury or the head
of the Federal functional regulator, as applicable.
``(c) Duties.--The duties of the Innovation Lab shall be--
``(1) to provide outreach to law enforcement agencies,
State bank supervisors, financial institutions, and other
persons (including vendors and technology companies) with
respect to innovation and new technologies that may be used to
comply with the requirements of the Bank Secrecy Act;
``(2) to support the implementation of responsible
innovation and new technology, in a manner that complies with
the requirements of the Bank Secrecy Act;
``(3) to explore opportunities for public-private
partnerships; and
``(4) to develop metrics of success.
``(d) FinCEN Lab.--The Innovation Lab established under subsection
(a) within the Department of the Treasury shall be a lab within the
Financial Crimes Enforcement Network.
``(e) Definitions.--In this section:
``(1) Federal functional regulator.--The term `Federal
functional regulator' means the Board of Governors of the
Federal Reserve System, the Comptroller of the Currency, the
Federal Deposit Insurance Corporation, the National Credit
Union Administration, the Securities and Exchange Commission,
and the Commodity Futures Trading Commission.
``(2) State bank supervisor.--The term `State bank
supervisor' has the meaning given that term under section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).''.
(b) Clerical Amendment.--The table of contents for subchapter II of
chapter 53 of title 31, United States Code, is amended by adding at the
end the following:
``5333. Innovation Labs.''.
SEC. 7303. INNOVATION COUNCIL.
(a) In General.--Subchapter II of chapter 53 of Title 31, United
States Code, as amended by section 7302, is further amended by adding
at the end the following:
``Sec. 5334. Innovation Council
``(a) Establishment.--There is established the Innovation Council
(hereinafter in this section referred to as the `Council'), which shall
consist of each Director of an Innovation Lab established under section
5334, a representative of State bank supervisors (as defined under
section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)), and
the Director of the Financial Crimes Enforcement Network.
``(b) Chair.--The Director of the Innovation Lab of the Department
of the Treasury shall serve as the Chair of the Council.
``(c) Duty.--The members of the Council shall coordinate on
activities related to innovation under the Bank Secrecy Act, but may
not supplant individual agency determinations on innovation.
``(d) Meetings.--The meetings of the Council--
``(1) shall be at the call of the Chair, but in no case may
the Council meet less than semi-annually;
``(2) may include open and closed sessions, as determined
necessary by the Council; and
``(3) shall include participation by public and private
entities and law enforcement agencies.
``(e) Report.--The Council shall issue an annual report, for each
of the 7 years beginning on the date of enactment of this section, to
the Secretary of the Treasury on the activities of the Council during
the previous year, including the success of programs as measured by
metrics of success developed pursuant to section 5334(c)(4), and any
regulatory or legislative recommendations that the Council may have.''.
(b) Clerical Amendment.--The table of contents for subchapter II of
chapter 53 of title 31, United States Code, is amended by adding the
end the following:
``5334. Innovation Council.''.
SEC. 7304. TESTING METHODS RULEMAKING.
(a) In General.--Section 5318 of title 31, United States Code, as
amended by section 7301, is further amended by adding at the end the
following:
``(q) Testing.--
``(1) In general.--The Secretary of the Treasury, in
consultation with the head of each agency to which the
Secretary has delegated duties or powers under subsection (a),
shall issue a rule to specify--
``(A) with respect to technology and related
technology-internal processes (`new technology')
designed to facilitate compliance with the Bank Secrecy
Act requirements, the standards by which financial
institutions are to test new technology; and
``(B) in what instances or under what circumstance
and criteria a financial institution may replace or
terminate legacy technology and processes for any
examinable technology or process without the
replacement or termination being determined an
examination deficiency.
``(2) Standards.--The standards described under paragraph
(1) may include--
``(A) an emphasis on using innovative approaches,
such as machine learning, rather than rules-based
systems;
``(B) risk-based back-testing of the regime to
facilitate calibration of relevant systems;
``(C) requirements for appropriate data privacy and
security; and
``(D) a requirement that the algorithms used by the
regime be disclosed to the Financial Crimes Enforcement
Network, upon request.
``(3) Confidentiality of algorithms.--If a financial
institution or any director, officer, employee, or agent of any
financial institution, voluntarily or pursuant to this
subsection or any other authority, discloses the institution's
algorithms to a Government agency, such algorithms and any
materials associated with the creation of such algorithms shall
be considered confidential and not subject to public
disclosure.''.
(b) Update of Manual.--The Financial Institutions Examination
Council shall ensure--
(1) that any manual prepared by the Council is updated to
reflect the rulemaking required by the amendment made by
subsection (a); and
(2) that financial institutions are not penalized for the
decisions based on such rulemaking to replace or terminate
technology used for compliance with the Bank Secrecy Act (as
defined under section 5312 of title 31, United States Code) or
other anti-money laundering laws.
SEC. 7305. FINCEN STUDY ON USE OF EMERGING TECHNOLOGIES.
(a) Study.--
(1) In general.--The Director of the Financial Crimes
Enforcement Network (``FinCEN'') shall carry out a study on--
(A) the status of implementation and internal use
of emerging technologies, including artificial
intelligence (``AI''), digital identity technologies,
blockchain technologies, and other innovative
technologies within FinCEN;
(B) whether AI, digital identity technologies,
blockchain technologies, and other innovative
technologies can be further leveraged to make FinCEN's
data analysis more efficient and effective; and
(C) how FinCEN could better utilize AI, digital
identity technologies, blockchain technologies, and
other innovative technologies to more actively analyze
and disseminate the information it collects and stores
to provide investigative leads to Federal, State,
Tribal, and local law enforcement, and other Federal
agencies (collective, ``Agencies''), and better support
its ongoing investigations when referring a case to the
Agencies.
(2) Inclusion of gto data.--The study required under this
subsection shall include data collected through the Geographic
Targeting Orders (``GTO'') program.
(3) Consultation.--In conducting the study required under
this subsection, FinCEN shall consult with the Directors of the
Innovations Labs established in section 7302.
(b) Report.--Not later than the end of the 6-month period beginning
on the date of the enactment of this Act, the Director shall issue a
report to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a);
(2) with respect to each of subparagraphs (A), (B) and (C)
of subsection (a)(1), any best practices or significant
concerns identified by the Director, and their applicability to
AI, digital identity technologies, blockchain technologies, and
other innovative technologies with respect to United States
efforts to combat money laundering and other forms of illicit
finance; and
(3) any policy recommendations that could facilitate and
improve communication and coordination between the private
sector, FinCEN, and Agencies through the implementation of
innovative approaches, in order to meet their Bank Secrecy Act
(as defined under section 5312 of title 31, United States Code)
and anti-money laundering compliance obligations.
SEC. 7306. DISCRETIONARY SURPLUS FUNDS.
The dollar amount specified under section 7(a)(3)(A) of the Federal
Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $37,000,000.
DIVISION H--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
SEC. 101. SHORT TITLE.
This division may be cited as the ``Elijah E. Cummings Coast Guard
Authorization Act of 2020''.
SEC. 102. DEFINITION OF COMMANDANT.
In this division, the term ``Commandant'' means the Commandant of
the Coast Guard.
TITLE I--AUTHORIZATIONS
SEC. 8001. AUTHORIZATIONS OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``year 2019'' and inserting ``years 2020 and 2021'';
(2) in paragraph (1)(A), by striking ``provided for,
$7,914,195,000 for fiscal year 2019.'' and inserting ``provided
for--
``(i) $8,151,620,850 for fiscal year 2020; and
``(ii) $8,396,169,475 for fiscal year 2021.'';
(3) in paragraph (1)(B), by striking ``subparagraph (A)--''
and inserting ``subparagraph (A)(i), $17,035,000 shall be for
environmental compliance and restoration.'';
(4) by striking clauses (i) and (ii) of paragraph (1)(B);
(5) in paragraph (1), by adding at the end the following:
``(C) Of the amount authorized under subparagraph, (A)(ii)
$17,376,000 shall be for environmental compliance and
restoration.'';
(6) in paragraph (2)--
(A) by striking ``For the procurement'' and
inserting ``(A) For the procurement'';
(B) by striking ``and equipment, $2,694,745,000 for
fiscal year 2019.'' and inserting ``and equipment--
``(i) $2,794,745,000 for fiscal year 2020; and
``(ii) $3,312,114,000 for fiscal year 2021.''; and
(C) by adding at the end the following:
``(B) Of the amounts authorized under subparagraph (A), the
following amounts shall be for the alteration of bridges:
``(i) $10,000,000 for fiscal year 2020; and
``(ii) $20,000,000 for fiscal year 2021.'';
(7) in paragraph (3), by striking ``and equipment,
$29,141,000 for fiscal year 2019.'' and inserting ``and
equipment--
``(A) $13,834,000 for fiscal year 2020; and
``(B) $14,111,000 for fiscal year 2021.''; and
(8) by adding at the end the following:
``(4) For the Coast Guard's Medicare-eligible retiree
health care fund contribution to the Department of Defense--
``(A) $205,107,000 for fiscal year 2020; and
``(B) $209,209,000 for fiscal year 2021.''.
SEC. 8002. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``43,000 for fiscal year
2018 and 44,500 for fiscal year 2019'' and inserting ``44,500
for each of fiscal years 2020 and 2021''; and
(2) in subsection (b), by striking ``fiscal years 2018 and
2019'' and inserting ``fiscal years 2020 and 2021''.
SEC. 8003. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this division, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this division, submitted for
printing in the Congressional Record by the Chairman of the House
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
SEC. 8004. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL
NATIONAL SECURITY CUTTER.
(a) In General.--Of the amounts authorized to be appropriated by--
(1) section 4902(2)(A)(i) of title 14, United States Code,
as amended by section 8001 of this division, $100,000,000 for
fiscal year 2020; and
(2) section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 8001 of this division, $550,000,000 for
fiscal year 2021,
is authorized for the acquisition of a National Security Cutter.
(b) Treatment of Acquired Cutter.--Any cutter acquired using
amounts available pursuant to subsection (a) shall be in addition to
the National Security Cutters approved under the existing acquisition
baseline in the program of record for the National Security Cutter.
SEC. 8005. PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS.
(a) Funding.--Of the amounts authorized to be appropriated by--
(1) section 4902(2)(A)(i) of title 14, United States Code,
as amended by section 8001 of this division, $135,000,000 for
fiscal year 2020; and
(2) section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 8001 of this division, $610,000,000 for
fiscal year 2021,
is authorized for construction of a Polar Security Cutter.
(b) Prohibition on Contracts or Use of Funds for Development of
Common Hull Design.--Notwithstanding any other provision of law, the
Secretary of the department in which the Coast Guard is operating may
not enter into any contract for, and no funds shall be obligated or
expended on, the development of a common hull design for medium Polar
Security Cutters and Great Lakes icebreakers.
SEC. 8006. SENSE OF THE CONGRESS ON NEED FOR NEW GREAT LAKES
ICEBREAKER.
(a) Findings.--The Congress finds the following:
(1) The Great Lakes shipping industry is crucial to the
American economy, including the United States manufacturing
base, providing important economic and national security
benefits.
(2) A recent study found that the Great Lakes shipping
industry supports 237,000 jobs and tens of billions of dollars
in economic activity.
(3) United States Coast Guard icebreaking capacity is
crucial to full utilization of the Great Lakes shipping system,
as during the winter icebreaking season up to 15 percent of
annual cargo loads are delivered, and many industries would
have to reduce their production if Coast Guard icebreaking
services were not provided.
(4) Six of the Coast Guard's nine icebreaking cutters in
the Great Lakes are more than 30 years old and are frequently
inoperable during the winter icebreaking season, including
those that have completed a recent service life extension
program.
(5) During the previous 10 winters, Coast Guard Great Lakes
icebreaking cutters have been inoperable for an average of 65
cutter-days during the winter icebreaking season, with this
annual lost capability exceeding 100 cutter days, with a high
of 246 cutter days during the winter of 2017-2018.
(6) The 2019 ice season provides further proof that current
Coast Guard icebreaking capacity is inadequate for the needs of
the Great Lakes shipping industry, as only six of the nine
icebreaking cutters are operational, and millions of tons of
cargo was not loaded or was delayed due to inadequate Coast
Guard icebreaking assets during a historically average winter
for Great Lakes ice coverage.
(7) The Congress has authorized the Coast Guard to acquire
a new Great Lakes icebreaker as capable as Coast Guard Cutter
Mackinaw (WLBB-30), the most capable Great Lakes icebreaker,
and $10 million has been appropriated to fund the design and
initial acquisition work for this icebreaker.
(8) The Coast Guard has not initiated a new acquisition
program for this Great Lakes icebreaker.
(b) Sense of the Congress.--It is the sense of the Congress of the
United States that a new Coast Guard icebreaker as capable as Coast
Guard Cutter Mackinaw (WLBB-30) is needed on the Great Lakes, and the
Coast Guard should acquire this icebreaker as soon as possible.
SEC. 8007. PROCUREMENT AUTHORITY FOR GREAT LAKES ICEBREAKER.
(a) In General.--Of the amounts authorized to be appropriated by
section 4902(2)(A)(ii) of title 14, United States Code, as amended by
section 8001 of this division, $160,000,000 for fiscal year 2021 is
authorized for the acquisition of a Great Lakes icebreaker at least as
capable as USCGC Mackinaw (WLBB-30).
(b) Report.--Not later than 30 days after the date of the enactment
of this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
plan for acquiring an icebreaker as required by section 820(b) of the
Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-
282).
SEC. 8008. POLAR SECURITY CUTTER ACQUISITION REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Commandant shall submit to the Committees on Transportation and
Infrastructure and Armed Services of the House of Representatives, and
the Committees on Commerce, Science, and Transportation and Armed
Services of the Senate a report on--
(1) the extent to which specifications, key drawings, and
detail design for the Polar Security Cutter are complete before
the start of construction;
(2) the extent to which Polar Security Cutter hulls numbers
one, two, and three are science ready; and
(3) what actions will be taken to ensure that Polar
Security Cutter hull number four is science capable, as
described in the National Academies of Sciences, Engineering,
and Medicine's Committee on Polar Icebreaker Cost Assessment
letter report entitled ``Acquisition and Operation of Polar
Icebreakers: Fulfilling the Nation's Needs'' and dated July 11,
2017.
SEC. 8009. SHORESIDE INFRASTRUCTURE.
Of the amounts authorized to be appropriated by section 4902(2)(A)
of title 14, United States Code, as amended by section 8001 of this
division, for each of fiscal years 2020 and 2021, $167,500,000 is
authorized for the Secretary of the department in which the Coast Guard
is operating to fund the acquisition, construction, rebuilding, or
improvement of the Coast Guard shoreside infrastructure and facilities
necessary to support Coast Guard operations and readiness.
SEC. 8010. MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE.
Of the amounts authorized to be appropriated by section
4902(2)(A)(ii) of title 14, United States Code, as amended by section
8001 of this division, $105,000,000 is authorized for the hangar
replacement listed in the fiscal year 2020 Unfunded Priority List.
SEC. 8011. POLAR ICEBREAKERS.
(a) In General.--Section 561 of title 14, United States Code, is
amended to read as follows:
``Sec. 561. Icebreaking in polar regions
``(a) Procurement Authority.--
``(1) In general.--The Secretary may enter into one or more
contracts for the procurement of--
``(A) the Polar Security Cutters approved as part
of a major acquisition program as of November 1, 2019;
and
``(B) 3 additional Polar Security Cutters.
``(2) Condition for out-year contract payments.--A contract
entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract during a fiscal year after fiscal year 2019 is subject
to the availability of appropriations or funds for that purpose
for such later fiscal year.
``(b) Planning.--The Secretary shall facilitate planning for the
design, procurement, maintenance, deployment, and operation of
icebreakers as needed to support the statutory missions of the Coast
Guard in the polar regions by allocating all funds to support
icebreaking operations in such regions, except for recurring
incremental costs associated with specific projects, to the Coast
Guard.
``(c) Reimbursement.--Nothing in this section shall preclude the
Secretary from seeking reimbursement for operation and maintenance
costs of the Polar Star, Healy, or any other Polar Security Cutter from
other Federal agencies and entities, including foreign countries, that
benefit from the use of those vessels.
``(d) Restriction.--
``(1) In general.--The Commandant may not--
``(A) transfer, relinquish ownership of, dismantle,
or recycle the Polar Sea or Polar Star;
``(B) change the current homeport of the Polar Sea
or Polar Star; or
``(C) expend any funds--
``(i) for any expenses directly or
indirectly associated with the decommissioning
of the Polar Sea or Polar Star, including
expenses for dock use or other goods and
services;
``(ii) for any personnel expenses directly
or indirectly associated with the
decommissioning of the Polar Sea or Polar Star,
including expenses for a decommissioning
officer;
``(iii) for any expenses associated with a
decommissioning ceremony for the Polar Sea or
Polar Star;
``(iv) to appoint a decommissioning officer
to be affiliated with the Polar Sea or Polar
Star; or
``(v) to place the Polar Sea or Polar Star
in inactive status.
``(2) Sunset.--This subsection shall cease to have effect
on September 30, 2022.
``(e) Limitation.--
``(1) In general.--The Secretary may not expend amounts
appropriated for the Coast Guard for any of fiscal years 2015
through 2024, for--
``(A) design activities related to a capability of
a Polar Security Cutter that is based solely on an
operational requirement of a Federal department or
agency other than the Coast Guard, except for amounts
appropriated for design activities for a fiscal year
before fiscal year 2016; or
``(B) long-lead-time materials, production, or
postdelivery activities related to such a capability.
``(2) Other amounts.--Amounts made available to the
Secretary under an agreement with a Federal department or
agency other than the Coast Guard and expended on a capability
of a Polar Security Cutter that is based solely on an
operational requirement of such Federal department or agency
shall not be treated as amounts expended by the Secretary for
purposes of the limitation under paragraph (1).
``(f) Enhanced Maintenance Program for the Polar Star.--
``(1) In general.--Subject to the availability of
appropriations, the Commandant shall conduct an enhanced
maintenance program on the Polar Star to extend the service
life of such vessel until at least December 31, 2025.
``(2) Authorization of appropriations.--The Commandant may
use funds made available pursuant to section 4902(1)(A), to
carry out this subsection.
``(g) Definitions.--In this section:
``(1) Polar sea.--The term `Polar Sea' means Coast Guard
Cutter Polar Sea (WAGB 11).
``(2) Polar star.--The term `Polar Star' means Coast Guard
Cutter Polar Star (WAGB 10).
``(3) Healy.--The term `Healy' means Coast Guard Cutter
Healy (WAGB 20).''.
(b) Contracting for Major Acquisitions Programs.--Section 1137(a)
of title 14, United States Code, is amended by inserting ``and 3 Polar
Security Cutters in addition to those approved as part of a major
acquisition program on November 1, 2019'' before the period at the end.
(c) Repeals.--
(1) Coast guard and maritime transportation act of 2006.--
Section 210 of the Coast Guard and Maritime Transportation Act
of 2006 (14 U.S.C. 504 note) is repealed.
(2) Coast guard and maritime transportation act of 2012.--
Section 222 of the Coast Guard and Maritime Transportation Act
of 2012 (Public Law 112-213) is repealed.
(3) Howard coble coast guard and maritime transportation
act of 2014.--Section 505 of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014 (Public Law 113-281) is
repealed.
(4) Frank lobiondo coast guard authorization act of 2018.--
Section 821 of the Frank LoBiondo Coast Guard Authorization Act
of 2018 (Public Law 115-282) is repealed.
SEC. 8012. ACQUISITION OF FAST RESPONSE CUTTER.
(a) In General.--Of the amounts authorized to be appropriated under
section 4902(2)(A)(ii) of title 14, United States Code, as amended by
section 8001 of this division, $265,000,000 for fiscal year 2021 shall
be made available for the acquisition of four Fast Responses Cutters.
(b) Treatment of Acquired Cutters.--Any cutter acquired pursuant to
subsection (a) shall be in addition to the 58 cutters approved under
the existing acquisition baseline.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
SEC. 9101. GRADE ON RETIREMENT.
(a) Retirement of Commandant or Vice Commandant.--Section 303 of
title 14, United States Code, is amended by adding at the end the
following:
``(d) Retirement under this section is subject to section 2501(a)
of this title.''.
(b) Retirement.--Section 306 of title 14, United States Code, is
amended--
(1) in subsection (a), by inserting ``satisfactorily, as
determined under section 2501 of this title'' before the
period;
(2) in subsection (b), by inserting ``satisfactorily, as
determined under section 2501 of this title'' before the
period; and
(3) in subsection (c), by inserting ``if performance of
duties in such grade is determined to have been satisfactory
pursuant to section 2501 of this title'' before the period.
(c) Grade on Retirement.--Section 2501 of title 14, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``Any commissioned officer, other
than a commissioned warrant officer,'' and inserting
``Commissioned Officers.--
``(1) In general.--A commissioned officer'';
(B) by striking ``him'' and inserting ``the
commissioned officer'';
(C) by striking ``his'' and inserting ``the
commissioned officer's''; and
(D) by adding at the end the following:
``(2) Conditional determination.--When a commissioned
officer is under investigation for alleged misconduct at the
time of retirement--
``(A) the Secretary may conditionally determine the
highest grade of satisfactory service of the
commissioned officer pending completion of the
investigation; and
``(B) the grade under subparagraph (A) is subject
to resolution under subsection (c)(2).'';
(2) in subsection (b)--
(A) by inserting ``Warrant Officers.--'' after
``(b)'';
(B) by striking ``him'' and inserting ``the warrant
officer''; and
(C) by striking ``his'' and inserting ``the warrant
officer's''; and
(3) by adding at the end the following:
``(c) Retirement in Lower Grade.--
``(1) Misconduct in lower grade.--In the case of a
commissioned officer whom the Secretary determines committed
misconduct in a lower grade, the Secretary may determine the
commissioned officer has not served satisfactorily in any grade
equal to or higher than that lower grade.
``(2) Adverse findings.--A determination of the retired
grade of a commissioned officer shall be resolved following a
conditional determination under subsection (a)(2) if the
investigation of or personnel action against the commissioned
officer results in adverse findings.
``(3) Recalculation of retired pay.--If the retired grade
of a commissioned officer is reduced pursuant to this
subsection, the retired pay of the commissioned officer shall
be recalculated under chapter 71 of title 10, and any
modification of the retired pay of the commissioned officer
shall go into effect on the effective date of the reduction in
retired grade.
``(d) Finality of Retired Grade Determinations.--
``(1) In general.--Except as provided in paragraph (2), a
determination of the retired grade of a commissioned officer
under this section is administratively final on the day the
commissioned officer is retired, and may not be reopened.
``(2) Reopening determinations.--A determination of the
retired grade of a commissioned officer may be reopened if--
``(A) the retirement or retired grade of the
commissioned officer was procured by fraud;
``(B) substantial evidence comes to light after the
retirement that could have led to a lower retired grade
under this section and such evidence was known by
competent authority at the time of retirement;
``(C) a mistake of law or calculation was made in
the determination of the retired grade;
``(D) in the case of a retired grade following a
conditional determination under subsection (a)(2), the
investigation of or personnel action against the
commissioned officer results in adverse findings; or
``(E) the Secretary determines, under regulations
prescribed by the Secretary, that good cause exists to
reopen the determination.
``(3) Requirements.--If a determination of the retired
grade of a commissioned officer is reopened under paragraph
(2), the Secretary--
``(A) shall notify the commissioned officer of the
reopening; and
``(B) may not make an adverse determination on the
retired grade of the commissioned officer until the
commissioned officer has had a reasonable opportunity
to respond regarding the basis of the reopening.
``(4) Recalculation of retired pay.--If the retired grade
of a commissioned officer is reduced through the reopening of
the commissioned officer's retired grade under paragraph (2),
the retired pay of the commissioned officer shall be
recalculated under chapter 71 of title 10, and any modification
of the retired pay of the commissioned officer shall go into
effect on the effective date of the reduction in retired grade.
``(e) Inapplicability to Commissioned Warrant Officers.--This
section, including subsection (b), shall not apply to commissioned
warrant officers.''.
SEC. 9102. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD
CONSIDERATION.
(a) Eligibility of Officers for Consideration for Promotion.--
Section 2113 of title 14, United States Code, is amended by adding at
the end the following:
``(g)(1) Notwithstanding subsection (a), the Commandant may provide
that an officer may, upon the officer's request and with the approval
of the Commandant, be excluded from consideration by a selection board
convened under section 2106.
``(2) The Commandant shall approve a request under paragraph (1)
only if--
``(A) the basis for the request is to allow the officer to
complete a broadening assignment, advanced education, another
assignment of significant value to the Coast Guard, a career
progression requirement delayed by the assignment or education,
or a qualifying personal or professional circumstance, as
determined by the Commandant;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast Guard; and
``(C) the officer has not previously failed of selection
for promotion to the grade for which the officer requests the
exclusion from consideration.''.
(b) Eligibility of Reserve Officer for Promotion.--Section 3743 of
title 14, United States Code, is amended to read as follows:
``Sec. 3743. Eligibility for promotion
``(a) In General.--Except as provided in subsection (b), a Reserve
officer is eligible for consideration for promotion and for promotion
under this subchapter if that officer is in an active status.
``(b) Exception.--A Reserve officer who has been considered but not
recommended for retention in an active status by a board convened under
subsection 3752(a) of this title is not eligible for consideration for
promotion.
``(c) Request for Exclusion.--
``(1) In general.--The Commandant may provide that an
officer may, upon the officer's request and with the approval
of the Commandant, be excluded from consideration by a
selection board convened under section 3740(b) of this title to
consider officers for promotion to the next higher grade.
``(2) Approval of request.--The Commandant shall approve a
request under paragraph (1) only if--
``(A) the basis for the request is to allow an
officer to complete a broadening assignment, advanced
education, another assignment of significant value to
the Coast Guard, a career progression requirement
delayed by the assignment or education, or a qualifying
personal or professional circumstance, as determined by
the Commandant;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast
Guard; and
``(C) the officer has not previously failed of
selection for promotion to the grade for which the
officer requests the exclusion from consideration.''.
SEC. 9103. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN CERTAIN GRADES
WITH CRITICAL SKILLS.
(a) In General.--Subchapter I of chapter 21 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2130. Promotion to certain grades for officers with critical
skills: captain, commander, lieutenant commander,
lieutenant
``(a) In General.--An officer in the grade of lieutenant (junior
grade), lieutenant, lieutenant commander, or commander who is described
in subsection (b) may be temporarily promoted to the grade of
lieutenant, lieutenant commander, commander, or captain under
regulations prescribed by the Secretary. Appointments under this
section shall be made by the President, by and with the advice and
consent of the Senate.
``(b) Covered Officers.--An officer described in this subsection is
any officer in a grade specified in subsection (a) who--
``(1) has a skill in which the Coast Guard has a critical
shortage of personnel (as determined by the Secretary); and
``(2) is serving in a position (as determined by the
Secretary) that--
``(A) is designated to be held by a lieutenant,
lieutenant commander, commander, or captain; and
``(B) requires that an officer serving in such
position have the skill possessed by such officer.
``(c) Preservation of Position and Status of Officers Appointed.--
``(1) The temporary positions authorized under this section
shall not be counted among or included in the list of positions
on the active duty promotion list.
``(2) An appointment under this section does not change the
position on the active duty list or the permanent,
probationary, or acting status of the officer so appointed,
prejudice the officer in regard to other promotions or
appointments, or abridge the rights or benefits of the officer.
``(d) Board Recommendation Required.--A temporary promotion under
this section may be made only upon the recommendation of a board of
officers convened by the Secretary for the purpose of recommending
officers for such promotions.
``(e) Acceptance and Effective Date of Appointment.--Each
appointment under this section, unless expressly declined, is, without
formal acceptance, regarded as accepted on the date such appointment is
made, and a member so appointed is entitled to the pay and allowances
of the grade of the temporary promotion under this section beginning on
the date the appointment is made.
``(f) Termination of Appointment.--Unless sooner terminated, an
appointment under this section terminates--
``(1) on the date the officer who received the appointment
is promoted to the permanent grade of lieutenant, lieutenant
commander, commander, or captain;
``(2) on the date the officer is detached from a position
described in subsection (b)(2), unless the officer is on a
promotion list to the permanent grade of lieutenant, lieutenant
commander, commander, or captain, in which case the appointment
terminates on the date the officer is promoted to that grade;
``(3) when the appointment officer determines that the
officer who received the appointment has engaged in misconduct
or has displayed substandard performance; or
``(4) when otherwise determined by the Commandant to be in
the best interests of the Coast Guard.
``(g) Limitation on Number of Eligible Positions.--An appointment
under this section may only be made for service in a position
designated by the Secretary for the purposes of this section. The
number of positions so designated may not exceed the following
percentages of the respective grades:
``(1) As lieutenant, 0.5 percent.
``(2) As lieutenant commander, 3.0 percent.
``(3) As commander, 2.6 percent.
``(4) As captain, 2.6 percent.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
21 of title 14, United States Code, is amended by adding at the end the
following:
``2130. Promotion to certain grades for officers with critical skills:
captain, commander, lieutenant commander,
lieutenant.''.
SEC. 9104. CAREER INTERMISSION PROGRAM.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2514. Career flexibility to enhance retention of members
``(a) Programs Authorized.--The Commandant may carry out a program
under which members of the Coast Guard may be inactivated from active
service in order to meet personal or professional needs and returned to
active service at the end of such period of inactivation from active
service.
``(b) Period of Inactivation From Active Service; Effect of
Inactivation.--
``(1) In general.--The period of inactivation from active
service under a program under this section of a member
participating in the program shall be such period as the
Commandant shall specify in the agreement of the member under
subsection (c), except that such period may not exceed 3 years.
``(2) Exclusion from years of service.--Any service by a
Reserve officer while participating in a program under this
section shall be excluded from computation of the total years
of service of that officer pursuant to section 14706(a) of
title 10.
``(3) Exclusion from retirement.--Any period of
participation of a member in a program under this section shall
not count toward--
``(A) eligibility for retirement or transfer to the
Ready Reserve under either chapter 841 or 1223 of title
10; or
``(B) computation of retired or retainer pay under
chapter 71 or 1223 of title 10.
``(c) Agreement.--Each member of the Coast Guard who participates
in a program under this section shall enter into a written agreement
with the Commandant under which that member shall agree as follows:
``(1) To accept an appointment or enlist, as applicable,
and serve in the Coast Guard Ready Reserve during the period of
the inactivation of the member from active service under the
program.
``(2) To undergo during the period of the inactivation of
the member from active service under the program such inactive
service training as the Commandant shall require in order to
ensure that the member retains proficiency, at a level
determined by the Commandant to be sufficient, in the military
skills, professional qualifications, and physical readiness of
the member during the inactivation of the member from active
service.
``(3) Following completion of the period of the
inactivation of the member from active service under the
program, to serve 2 months as a member of the Coast Guard on
active service for each month of the period of the inactivation
of the member from active service under the program.
``(d) Conditions of Release.--The Commandant shall prescribe
regulations specifying the guidelines regarding the conditions of
release that must be considered and addressed in the agreement required
by subsection (c). At a minimum, the Commandant shall prescribe the
procedures and standards to be used to instruct a member on the
obligations to be assumed by the member under paragraph (2) of such
subsection while the member is released from active service.
``(e) Order to Active Service.--Under regulations prescribed by the
Commandant, a member of the Coast Guard participating in a program
under this section may, in the discretion of the Commandant, be
required to terminate participation in the program and be ordered to
active service.
``(f) Pay and Allowances.--
``(1) Basic pay.--During each month of participation in a
program under this section, a member who participates in the
program shall be paid basic pay in an amount equal to two-
thirtieths of the amount of monthly basic pay to which the
member would otherwise be entitled under section 204 of title
37 as a member of the uniformed services on active service in
the grade and years of service of the member when the member
commences participation in the program.
``(2) Special or incentive pay or bonus.--
``(A) Prohibition.--A member who participates in
such a program shall not, while participating in the
program, be paid any special or incentive pay or bonus
to which the member is otherwise entitled under an
agreement under chapter 5 of title 37 that is in force
when the member commences participation in the program.
``(B) Not treated as failure to perform services.--
The inactivation from active service of a member
participating in a program shall not be treated as a
failure of the member to perform any period of service
required of the member in connection with an agreement
for a special or incentive pay or bonus under chapter 5
of title 37 that is in force when the member commences
participation in the program.
``(3) Return to active service.--
``(A) Special or incentive pay or bonus.--Subject
to subparagraph (B), upon the return of a member to
active service after completion by the member of
participation in a program--
``(i) any agreement entered into by the
member under chapter 5 of title 37 for the
payment of a special or incentive pay or bonus
that was in force when the member commenced
participation in the program shall be revived,
with the term of such agreement after revival
being the period of the agreement remaining to
run when the member commenced participation in
the program; and
``(ii) any special or incentive pay or
bonus shall be payable to the member in
accordance with the terms of the agreement
concerned for the term specified in clause (i).
``(B) Limitation.--
``(i) In general.--Subparagraph (A) shall
not apply to any special or incentive pay or
bonus otherwise covered by such subparagraph
with respect to a member if, at the time of the
return of the member to active service as
described in that subparagraph--
``(I) such pay or bonus is no
longer authorized by law; or
``(II) the member does not satisfy
eligibility criteria for such pay or
bonus as in effect at the time of the
return of the member to active service.
``(ii) Pay or bonus ceases being
authorized.--Subparagraph (A) shall cease to
apply to any special or incentive pay or bonus
otherwise covered by such subparagraph with
respect to a member if, during the term of the
revived agreement of the member under
subparagraph (A)(i), such pay or bonus ceases
being authorized by law.
``(C) Repayment.--A member who is ineligible for
payment of a special or incentive pay or bonus
otherwise covered by this paragraph by reason of
subparagraph (B)(i)(II) shall be subject to the
requirements for repayment of such pay or bonus in
accordance with the terms of the applicable agreement
of the member under chapter 5 of title 37.
``(D) Required service is additional.--Any service
required of a member under an agreement covered by this
paragraph after the member returns to active service as
described in subparagraph (A) shall be in addition to
any service required of the member under an agreement
under subsection (c).
``(4) Travel and transportation allowance.--
``(A) In general.--Subject to subparagraph (B), a
member who participates in a program is entitled, while
participating in the program, to the travel and
transportation allowances authorized by section 474 of
title 37 for--
``(i) travel performed from the residence
of the member, at the time of release from
active service to participate in the program,
to the location in the United States designated
by the member as the member's residence during
the period of participation in the program; and
``(ii) travel performed to the residence of
the member upon return to active service at the
end of the participation of the member in the
program.
``(B) Single residence.--An allowance is payable
under this paragraph only with respect to travel of a
member to and from a single residence.
``(5) Leave balance.--A member who participates in a
program is entitled to carry forward the leave balance existing
as of the day on which the member begins participation and
accumulated in accordance with section 701 of title 10, but not
to exceed 60 days.
``(g) Promotion.--
``(1) Officers.--
``(A) In general.--An officer participating in a
program under this section shall not, while
participating in the program, be eligible for
consideration for promotion under chapter 21 or 37 of
this title.
``(B) Return to service.--Upon the return of an
officer to active service after completion by the
officer of participation in a program--
``(i) the Commandant may adjust the date of
rank of the officer in such manner as the
Commandant may prescribe in regulations for
purposes of this section; and
``(ii) the officer shall be eligible for
consideration for promotion when officers of
the same competitive category, grade, and
seniority are eligible for consideration for
promotion.
``(2) Enlisted members.--An enlisted member participating
in a program under this section shall not be eligible for
consideration for advancement during the period that--
``(A) begins on the date of the inactivation of the
member from active service under the program; and
``(B) ends at such time after the return of the
member to active service under the program that the
member is treatable as eligible for promotion by reason
of time in grade and such other requirements as the
Commandant shall prescribe in regulations for purposes
of the program.
``(h) Continued Entitlements.--A member participating in a program
under this section shall, while participating in the program, be
treated as a member of the Armed Forces on active duty for a period of
more than 30 days for purposes of--
``(1) the entitlement of the member and of the dependents
of the member to medical and dental care under the provisions
of chapter 55 of title 10; and
``(2) retirement or separation for physical disability
under the provisions of chapter 61 of title 10 and chapters 21
and 23 of this title.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
25 of title 14, United States Code, is amended by adding at the end the
following:
``2514. Career flexibility to enhance retention of members.''.
SEC. 9105. DIRECT COMMISSIONING AUTHORITY FOR INDIVIDUALS WITH CRITICAL
SKILLS.
(a) In General.--Subchapter II of chapter 37 of title 14, United
States Code, is amended by inserting after section 3738 the following:
``Sec. 3738a. Direct commissioning authority for individuals with
critical skills
``An individual with critical skills that the Commandant considers
necessary for the Coast Guard to complete its missions who is not
currently serving as an officer in the Coast Guard may be commissioned
into the Coast Guard at a grade up to and including commander.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
37 of title 14, United States Code, is amended by inserting after the
item relating to section 3738 the following:
``3738a. Direct commissioning authority for individuals with critical
skills.''.
(c) Technical Amendment.--The heading for the first chapter of
subtitle III of title 14, United States Code, is amended by striking
``CHAPTER 1'' and inserting ``CHAPTER 37''.
SEC. 9106. EMPLOYMENT ASSISTANCE.
(a) In General.--Subchapter I of chapter 27 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2713. Employment assistance
``(a) In General.--In order to improve the accuracy and
completeness of a certification or verification of job skills and
experience required by section 1143(a)(1) of title 10, the Secretary
shall--
``(1) establish a database to record all training performed
by members of the Coast Guard that may have application to
employment in the civilian sector; and
``(2) make unclassified information regarding such
information available to States and other potential employers
referred to in section 1143(c) of title 10 so that States and
other potential employers may allow military training to
satisfy licensing or certification requirements to engage in a
civilian profession.
``(b) Form of Certification or Verification.--The Secretary shall
ensure that a certification or verification of job skills and
experience required by section 1143(a)(1) of title 10 is rendered in
such a way that States and other potential employers can confirm the
accuracy and authenticity of the certification or verification.
``(c) Requests by States.--A State may request that the Secretary
confirm the accuracy and authenticity of a certification or
verification of job skills and experience provided under section
1143(c) of title 10.''.
(b) Clerical Amendment.--The analysis for such subchapter is
amended by adding at the end the following:
``2713. Employment assistance.''.
Subtitle B--Organization and Management Matters
SEC. 9201. CONGRESSIONAL AFFAIRS; DIRECTOR.
(a) In General.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 321. Congressional affairs; Director
``The Commandant shall appoint a Director of Congressional Affairs
from among officers of the Coast Guard who are in a grade above
captain. The Director of Congressional Affairs is separate and distinct
from the Director of Governmental and Public Affairs for the Coast
Guard and is the principal advisor to the Commandant on all
congressional and legislative matters for the Coast Guard and may have
such additional functions as the Commandant may direct.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, is amended by adding at the end the following:
``321. Congressional affairs; Director.''.
SEC. 9202. LIMITATIONS ON CLAIMS.
(a) Admiralty Claims.--Section 937(a) of title 14, United States
Code, is amended by striking ``$100,000'' and inserting ``$425,000''.
(b) Claims for Damage to Property of the United States.--Section
938 of title 14, United States Code, is amended by striking
``$100,000'' and inserting ``$425,000''.
SEC. 9203. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY.
Section 219 of the Coast Guard and Maritime Transportation Act of
2012 (Public Law 112-213; 10 U.S.C. 1293 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``For fiscal years 2013 through 2018'' and inserting ``For
fiscal years 2019 through 2025''; and
(2) in paragraph (1), by striking ``subsection (c)(2)(A)''
and inserting ``subsection (c)(1)''.
SEC. 9204. MAJOR ACQUISITIONS; OPERATION AND SUSTAINMENT COSTS.
Section 5103(e)(3) of title 14, United States Code, is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) operate and sustain the cutters and aircraft
described in paragraph (2);''.
SEC. 9205. SUPPORT OF WOMEN SERVING IN THE COAST GUARD.
(a) Action Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall--
(A) determine which recommendations in the RAND
gender diversity report can practicably be implemented
to promote gender diversity in the Coast Guard; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on the actions the Coast Guard has
taken, or plans to take, to implement such
recommendations.
(2) Curriculum and training.--The Commandant shall update
curriculum and training materials used at--
(A) officer accession points, including the Coast
Guard Academy and the Leadership Development Center;
(B) enlisted member accession at the United States
Coast Guard Training Center Cape May in Cape May, New
Jersey; and
(C) the officer, enlisted member, and civilian
leadership courses managed by the Leadership
Development Center.
Such updates shall reflect actions the Coast Guard has taken,
or plans to take, to carry out the recommendations of the RAND
gender diversity report.
(3) Definition.--In this subsection, the term ``RAND gender
diversity report'' means the RAND Corporation's Homeland
Security Operational Analysis Center 2019 report entitled
``Improving Gender Diversity in the U.S. Coast Guard:
Identifying Barriers to Female Retention''.
(b) Advisory Board on Women at the Coast Guard Academy.--Chapter 19
of title 14, United States Code, is amended--
(1) by redesignating section 1904 as section 1906;
(2) by inserting after section 1903 the following:
``Sec. 1904. Advisory Board on Women at the Coast Guard Academy
``(a) In General.--The Superintendent of the Academy shall
establish at the Coast Guard Academy an advisory board to be known as
the Advisory Board on Women at the Coast Guard Academy (referred to in
this section as the `Advisory Board').
``(b) Membership.--The Advisory Board shall be composed of not
fewer than 12 current cadets of the Coast Guard Academy, including not
fewer than 3 cadets from each current class.
``(c) Appointment; Term.--Cadets shall serve on the Advisory Board
pursuant to appointment by the Superintendent of the Academy.
Appointments shall be made not later than 60 days after the date of the
swearing in of a new class of cadets at the Academy. The term of
membership of a cadet on the Advisory Board shall be 1 academic year.
``(d) Reappointment.--The Superintendent of the Academy may
reappoint not more than 6 cadets from the previous term to serve on the
Advisory Board for an additional academic year if the Superintendent of
the Academy determines such reappointment to be in the best interests
of the Coast Guard Academy.
``(e) Meetings.--The Advisory Board shall meet with the Commandant
at least once each academic year on the activities of the Advisory
Board. The Advisory Board shall meet in person with the Superintendent
of the Academy not less than twice each academic year on the duties of
the Advisory Board.
``(f) Duties.--The Advisory Board shall identify opportunities and
challenges facing cadets at the Academy who are women, including an
assessment of culture, leadership development, and access to health
care of cadets at the Academy who are women.
``(g) Working Groups.--The Advisory Board may establish one or more
working groups to assist the Advisory Board in carrying out its duties,
including working groups composed in part of cadets at the Academy who
are not current members of the Advisory Board.
``(h) Reports and Briefings.--The Advisory Board shall regularly
provide the Commandant and the Superintendent reports and briefings on
the results of its duties, including recommendations for actions to be
taken in light of such results. Such reports and briefings may be
provided in writing, in person, or both.''; and
(3) by amending the analysis for such chapter--
(A) by amending the item relating to section 1904
to read as follows:
``1904. Advisory Board on Women at the Coast Guard Academy.''; and
(B) by adding at the end the following:
``1906. Participation in Federal, State, or other educational research
grants.''.
(c) Advisory Board on Women in the Coast Guard.--Chapter 25 of
title 14, United States Code, is amended--
(1) by redesignating subchapter II as subchapter III;
(2) by inserting after subchapter I the following:
``SUBCHAPTER II--ADVISORY BOARD ON WOMEN IN THE COAST GUARD
``Sec. 2521. Advisory Board on Women in the Coast Guard
``(a) In General.--The Commandant shall establish within the Coast
Guard an Advisory Board on Women in the Coast Guard.
``(b) Membership.--The Advisory Board established under subsection
(a) shall be composed of such number of members as the Commandant
considers appropriate, selected by the Commandant through a public
selection process from among applicants for membership on the Board.
The members of the Board shall, to the extent practicable, represent
the diversity of the Coast Guard. The members of the Committee shall
include an equal number of each of the following:
``(1) Active duty officers of the Coast Guard.
``(2) Active duty enlisted members of the Coast Guard.
``(3) Members of the Coast Guard Reserve.
``(4) Retired members of the Coast Guard.
``(c) Duties.--The Advisory Board established under subsection
(a)--
``(1) shall advise the Commandant on improvements to the
recruitment, retention, wellbeing, and success of women serving
in the Coast Guard and attending the Coast Guard Academy,
including recommendations for the report on gender diversity in
the Coast Guard required by section 5109 of chapter 51 of title
14;
``(2) may submit to the Commandant recommendations in
connection with its duties under this subsection, including
recommendations to implement the advice described in paragraph
(1); and
``(3) may brief Congress on its duties under this
subsection, including the advice described in paragraph (1) and
any recommendations described in paragraph (2).''; and
(3) by amending the analysis for such chapter by striking
the items relating to subchapter II and inserting the
following:
``subchapter ii--advisory board on women in the coast guard
``2521. Advisory Board on Women in the Coast Guard.
``subchapter iii--lighthouse service
``2531. Personnel of former Lighthouse Service.''.
(d) Recurring Report.--
(1) In general.--Chapter 51 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 5109. Report on gender diversity in the Coast Guard
``(a) In General.--Not later than January 15, 2022, and biennially
thereafter, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on gender diversity in the Coast Guard.
``(b) Contents.--The report required under subsection (a) shall
contain the following:
``(1) Gender diversity overview.--An overview of Coast
Guard active duty and reserve members, including the number of
officers and enlisted members and the percentages of men and
women in each.
``(2) Recruitment and retention.--
``(A) An analysis of the changes in the recruitment
and retention of women over the previous 2 years.
``(B) A discussion of any changes to Coast Guard
recruitment and retention over the previous 2 years
that were aimed at increasing the recruitment and
retention of female members.
``(3) Parental leave.--
``(A) The number of men and women who took parental
leave during each year covered by the report, including
the average length of such leave periods.
``(B) A discussion of the ways in which the Coast
Guard worked to mitigate the impacts of parental leave
on Coast Guard operations and on the careers of the
members taking such leave.
``(4) Limitations.--An analysis of current gender-based
limitations on Coast Guard career opportunities, including
discussion of--
``(A) shipboard opportunities;
``(B) opportunities to serve at remote units; and
``(C) any other limitations on the opportunities of
female members.
``(5) Progress update.--An update on the Coast Guard's
progress on the implementation of the action plan required
under subsection (a) of section 9205 of the Elijah E. Cummings
Coast Guard Authorization Act of 2020.''.
(2) Clerical amendment.--The analysis for chapter 51 of
title 14, United States Code, is amended by adding at the end
the following:
``5109. Report on gender diversity in the Coast Guard.''.
SEC. 9206. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN.
Section 914 of title 14, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``date'' and inserting ``later of
the date of the conveyance of the properties directed
under section 533(a) of the Coast Guard Authorization
Act of 2016 (Public Law 114-120) or the date''; and
(B) by striking ``determination by the Secretary''
and inserting ``determination by the Secretary of
Transportation under section 312(d) of title 49''; and
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Availability of proceeds.--The proceeds of such
sales, less the costs of sale incurred by the General Services
Administration, shall be deposited into the Coast Guard Housing
Fund for uses authorized under section 2946 of this title.''.
SEC. 9207. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.
Section 2103(c)(3) of title 14, United States Code, is amended by
striking ``rear admiral (lower half)'' and inserting ``vice admiral''.
SEC. 9208. RESEARCH PROJECTS; TRANSACTIONS OTHER THAN CONTRACTS AND
GRANTS.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 719. Research projects; transactions other than contracts and
grants
``(a) Additional Forms of Transactions Authorized.--
``(1) In general.--The Commandant may enter into--
``(A) transactions (other than contracts,
cooperative agreements, and grants) in carrying out
basic, applied, and advanced research projects; and
``(B) agreements with the Director of the Defense
Advanced Research Projects Agency, the Secretary of a
military department, or any other official designated
by the Secretary of Defense under section 2371b of
title 10 to participate in prototype projects and
follow-on production contracts or transactions that are
being carried out by such official and are directly
relevant to the Coast Guard's cyber capability and
Command, Control, Communications, Computers, and
intelligence initiatives.
``(2) Additional authority.--The authority under this
subsection is in addition to the authority provided in section
717 to use contracts, cooperative agreements, and grants in
carrying out such projects.
``(3) Funding.--In carrying out paragraph (1)(B), the
Commandant may use funds made available for--
``(A) operations and support;
``(B) research, development, test, and evaluation;
and
``(C) procurement, construction, and improvement.
``(b) Advance Payments.--The authority under subsection (a) may be
exercised without regard to section 3324 of title 31.
``(c) Recovery of Funds.--
``(1) In general.--Subject to subsection (d), a cooperative
agreement for performance of basic, applied, or advanced
research authorized by section 717, and a transaction
authorized by subsection (a), may include a clause that
requires a person or other entity to make payments to the Coast
Guard or any other department or agency of the Federal
Government as a condition for receiving support under the
agreement or transaction, respectively.
``(2) Availability of funds.--The amount of any payment
received by the Federal Government pursuant to a requirement
imposed under paragraph (1) may be credited, to the extent
authorized by the Commandant, to an appropriate appropriations
account. Amounts so credited shall be merged with other funds
in the account and shall be available for the same purposes and
the same period for which other funds in such account are
available.
``(d) Conditions.--
``(1) In general.--The Commandant shall ensure that to the
extent that the Commandant determines practicable, no
cooperative agreement containing a clause described in
subsection (c)(1), and no transaction entered into under
subsection (a), provides for research that duplicates research
being conducted under existing programs carried out by the
Coast Guard.
``(2) Other agreements not feasible.--A cooperative
agreement containing a clause described in subsection (c)(1),
or under a transaction authorized by subsection (a), may be
used for a research project only if the use of a standard
contract, grant, or cooperative agreement for such project is
not feasible or appropriate.
``(e) Education and Training.--The Commandant shall--
``(1) ensure that management, technical, and contracting
personnel of the Coast Guard involved in the award or
administration of transactions under this section or other
innovative forms of contracting are afforded opportunities for
adequate education and training; and
``(2) establish minimum levels and requirements for
continuous and experiential learning for such personnel,
including levels and requirements for acquisition certification
programs.
``(f) Protection of Certain Information From Disclosure.--
``(1) In general.--Disclosure of information described in
paragraph (2) is not required, and may not be compelled, under
section 552 of title 5 for 5 years after the date on which the
information is received by the Coast Guard.
``(2) Limitation.--
``(A) In general.--Paragraph (1) applies to
information described in subparagraph (B) that is in
the records of the Coast Guard only if the information
was submitted to the Coast Guard in a competitive or
noncompetitive process having the potential for
resulting in an award, to the party submitting the
information, of a cooperative agreement for performance
of basic, applied, or advanced research authorized by
section 717 or another transaction authorized by
subsection (a).
``(B) Information described.--The information
referred to in subparagraph (A) is the following:
``(i) A proposal, proposal abstract, and
supporting documents.
``(ii) A business plan submitted on a
confidential basis.
``(iii) Technical information submitted on
a confidential basis.
``(g) Regulations.--The Commandant shall prescribe regulations, as
necessary, to carry out this section.
``(h) Annual Report.--On the date on which the President submits to
Congress a budget pursuant to section 1105 of title 31, the Commandant
shall submit to the Committees on Appropriations and Transportation and
Infrastructure of the House of Representatives and the Committees on
Appropriations and Commerce, Science, and Transportation of the Senate
a report describing each use of the authority provided under this
section during the most recently completed fiscal year, including
details of each use consisting of--
``(1) the amount of each transaction;
``(2) the entities or organizations involved;
``(3) the product or service received;
``(4) the research project for which the product or service
was required; and
``(5) the extent of the cost sharing among Federal
Government and non-Federal sources.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14,
United States Code, is amended by adding at the end the following:
``719. Research projects; transactions other than contracts and
grants.''.
SEC. 9209. ACQUISITION WORKFORCE AUTHORITIES.
(a) In General.--Subchapter I of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 1111. Acquisition workforce authorities
``(a) Expedited Hiring Authority.--
``(1) In general.--For the purposes of section 3304 of
title 5, the Commandant may--
``(A) designate any category of acquisition
positions within the Coast Guard as shortage category
positions; and
``(B) use the authorities in such section to
recruit and appoint highly qualified persons directly
to positions so designated.
``(2) Reports.--The Commandant shall include in reports
under section 1102 information described in such section
regarding positions designated under this subsection.
``(b) Reemployment Authority.--
``(1) In general.--Except as provided in paragraph (2), if
an annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in any category
of acquisition positions designated by the Commandant under
subsection (a), the annuity of the annuitant so employed shall
continue. The annuitant so reemployed shall not be considered
an employee for purposes of subchapter III of chapter 83 or
chapter 84 of title 5.
``(2)(A) Election.--An annuitant retired under section
8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity
from the Civil Service Retirement and Disability Fund, who
becomes employed in any category of acquisition positions
designated by the Commandant under subsection (a) after the
date of the enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, may elect to be subject to section
8344 or 8468 of such title (as the case may be).
``(i) Deadline.--An election for coverage under
this subsection shall be filed not later than 90 days
after the Commandant takes reasonable actions to notify
an employee who may file an election.
``(ii) Coverage.--If an employee files an election
under this subsection, coverage shall be effective
beginning on the first day of the first applicable pay
period beginning on or after the date of the filing of
the election.
``(B) Application.--Paragraph (1) shall apply to an
individual who is eligible to file an election under
subparagraph (A) and does not file a timely election under
clause (i) of such subparagraph.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
11 of title 14, United States Code, is amended by adding at the end the
following:
``1111. Acquisition workforce authorities.''.
(c) Repeal of Superseded Authority.--Section 404 of the Coast Guard
Authorization Act of 2010 (Public Law 111-281) is repealed.
SEC. 9210. VESSEL CONVERSION, ALTERATION, AND REPAIR PROJECTS.
(a) In General.--Notwithstanding any provision of the Small
Business Act (15 U.S.C. 631 et seq.) and any regulation or policy
implementing such Act, the Commandant may use full and open competitive
procedures, as prescribed in section 2304 of title 10, United States
Code, to acquire maintenance and repair services for vessels with a
homeport in Coast Guard District 17.
(b) Applicability.--Subsection (a) shall apply only if there are
not at least 2 qualified small businesses located in Coast Guard
District 17 that are able and available to provide the services
described in such subsection.
(c) Limitation.--The full and open competitive procedures described
in subsection (a) may only be used to acquire such services from a
business located in Coast Guard District 17 that is able and available
to provide such services.
SEC. 9211. MODIFICATION OF ACQUISITION PROCESS AND PROCEDURES.
(a) Extraordinary Relief.--
(1) In general.--Subchapter III of chapter 11 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 1157. Extraordinary relief
``(a) In General.--With respect to any prime contracting entity
receiving extraordinary relief pursuant to the Act entitled `An Act to
authorize the making, amendment, and modification of contracts to
facilitate the national defense', approved August 28, 1958 (Public Law
85-804; 50 U.S.C. 1432 et seq.) for a major acquisition, the Secretary
shall not consider any further request by the prime contracting entity
for extraordinary relief under such Act for such major acquisition.
``(b) Inapplicability to Subcontractors.--The limitation under
subsection (a) shall not apply to subcontractors of a prime contracting
entity.
``(c) Quarterly Report.--Not less frequently than quarterly during
each fiscal year in which extraordinary relief is approved or provided
to an entity under the Act referred to in subsection (a) for the
acquisition of Offshore Patrol Cutters, the Commandant shall provide to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report that describes in detail such relief and the
compliance of the entity with the oversight measures required as a
condition of receiving such relief.''.
(3) Analysis for chapter 11.--The analysis for chapter 11
of title 14, United States Code, is amended by inserting after
the item relating to section 1156 the following:
``1157. Extraordinary relief.''.
(b) Notice to Congress With Respect to Breach of Contract.--Section
1135 of title 14, United States Code, is amended by adding at the end
the following:
``(d) Notice to Congress With Respect to Breach of Contract.--Not
later than 48 hours after the Commandant becomes aware that a major
acquisition contract cannot be carried out under the terms specified in
the contract, the Commandant shall provide a written notification to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that includes--
``(1) a description of the terms of the contract that
cannot be met; and
``(2) an assessment of whether the applicable contract
officer has issued a cease and desist order to the contractor
based on the breach of such terms of the contract.''.
SEC. 9212. ESTABLISHMENT AND PURPOSE OF FUND; DEFINITION.
Section 1461(a) of title 10, United States Code, is amended by
inserting ``and the Coast Guard'' after ``liabilities of the Department
of Defense''.
SEC. 9213. PAYMENTS FROM FUND.
Section 1463(a) of title 10, United States Code, is amended--
(1) in paragraph (1) by striking ``and Marine Corps'' and
inserting ``Marine Corps, and Coast Guard'';
(2) in paragraph (2) by striking ``(other than retired pay
payable by the Secretary of Homeland Security)''; and
(3) in paragraph (4) by inserting ``and the Department of
Homeland Security that'' after ``Department of Defense''.
SEC. 9214. DETERMINATION OF CONTRIBUTIONS TO FUND.
Section 1465 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Not'' and inserting the
following:
``(a)(1) Not''; and
(B) by adding at the end the following:
``(2) Not later than October 1, 2022, the Board of Actuaries shall
determine the amount that is the present value (as of September 30,
2022) of future benefits payable from the Fund that are attributable to
service in the Coast Guard performed before October 1, 2022. That
amount is the original Coast Guard unfunded liability of the Fund. The
Board shall determine the period of time over which the original Coast
Guard unfunded liability should be liquidated and shall determine an
amortization schedule for the liquidation of such liability over that
period. Contributions to the Fund for the liquidation of the original
Coast Guard unfunded liability in accordance with such schedule shall
be made as provided in section 1466(b) of this title.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by inserting ``, in
consultation with the Secretary of the
department in which the Coast Guard is
operating,'' after ``Secretary of
Defense'' ; and
(II) by inserting ``and Coast
Guard'' after ``Department of
Defense'';
(ii) in subparagraph (A)(ii) by striking
``(other than the Coast Guard)'' and inserting
``members of the Armed Forces''; and
(iii) in subparagraph (B)(ii) by striking
``(other than the Coast Guard)'';
(B) in paragraph (2) by inserting ``the Coast Guard
Retired Pay account and the'' after ``appropriated
to''; and
(C) in paragraph (3) by inserting ``and Coast
Guard'' after ``Department of Defense'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by inserting ``, in consultation with the
Secretary of the department in which the Coast
Guard is operating,'' after ``Secretary of
Defense'';
(ii) in subparagraph (A) by striking
``(other than the Coast Guard)'' and inserting
``members of the Armed Forces'';
(iii) in subparagraph (B) by striking
``(other than the Coast Guard)'';
(B) in paragraph (2) by inserting ``, in
consultation with the Secretary of the department in
which the Coast Guard is operating,'' after ``Secretary
of Defense'';
(C) in paragraph (3) by inserting ``, in
consultation with the Secretary of the department in
which the Coast Guard is operating,'' after ``Secretary
of Defense'';
(4) in subsection (e) by striking ``Secretary of Defense
shall'' and inserting ``Secretary of Defense and, with regard
to the Coast Guard, the Secretary of the department in which
the Coast Guard is operating''.
SEC. 9215. PAYMENTS INTO FUND.
Section 1466 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Secretary of Defense
shall'' and inserting ``Secretary of Defense
and the Secretary of the department in which
the Coast Guard is operating, with respect to
the Coast guard, shall''; and
(ii) by striking ``each month as the
Department of Defense contribution'' and
inserting ``each month the respective pro rata
share contribution of the Secretary of Defense
and the Secretary of the department in which
the Coast Guard is operating''; and
(B) in paragraph (1)(B) by striking ``(other than
the Coast Guard)''; and
(C) by striking the flush language following
paragraph (1)(B) and inserting the following new
subsection:
``(b) Amounts paid into the Fund under this subsection shall be
paid from funds available for as appropriate--
``(1) the pay of members of the armed forces under the
jurisdiction of the Secretary of a military department; or
``(2) the Retired Pay appropriation for the Coast Guard.'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) in subsection (c) (as so redesignated)--
(A) in paragraph (2)(A) by striking ``liability of
the Fund.'' and inserting ``liabilities of the Fund for
the Department of Defense and the Coast Guard.''; and
(B) in paragraph (3) by inserting ``and the
Secretary of the Department in which the Coast Guard is
operating'' before ``shall promptly''.
Subtitle C--Access to Child Care for Coast Guard Families
SEC. 9301. REPORT ON CHILD CARE AND SCHOOL-AGE CARE ASSISTANCE FOR
QUALIFIED FAMILIES.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on child care and school-age care
options available to qualified families.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) Financial assistance.--
(A) An assessment of--
(i) the subsidies and financial assistance
for child care and school-age care made
available by the Coast Guard to qualified
families; and
(ii) the extent to which qualified families
have taken advantage of such subsidies and
assistance.
(B) The average number of days between--
(i) the date on which an application for a
subsidy or other financial assistance for child
care or school-age care is submitted by a
qualified family; and
(ii) upon approval of an application, the
date on which such subsidy or assistance is
received by the qualified family.
(C) Recommendations for streamlining the payment of
such subsidies and financial assistance.
(D) The amount of funding allocated to such
subsidies and financial assistance.
(E) The remaining costs for child care or school-
age care to qualified families that are not covered by
the Coast Guard.
(F) A description of barriers to access to such
subsidies and financial assistance.
(G) The number of qualified families that do not
receive any such subsidies or financial assistance.
(2) Regulation of child care services.--
(A) An assessment of--
(i) the regulations of States with respect
to child care services (such as staffing, space
and furnishings, safety, curriculum
requirements, and allowable care hours); and
(ii) the effect that differences in such
regulations may have on access to child care
for qualified families.
(B) An assessment of--
(i) the regulations of the Coast Guard and
the Department of Defense with respect to child
development centers and other child care
providers (including school-age care
providers), and a comparison of such
regulations with similar State regulations; and
(ii) the effect that such regulations may
have on access to child care and school-age
care for qualified families.
(C) The number of qualified families, and children,
that do not have access to a Coast Guard child
development center for child care.
(3) Parity with department of defense.--The differences
between child care and school-age care services offered by the
Coast Guard and child care and school-age care authorities of
the Coast Guard and the Department of Defense relating to the
following:
(A) Authorized uses of appropriated funds for child
care and school-age care services.
(B) Access to, and total capacity of, Coast Guard
child development centers and Department of Defense
child development centers.
(C) Child care and school-age care programs or
policy.
(D) Coast Guard and Department of Defense programs
to provide additional assistance to members and
civilian employees with respect to child care and
school-age care options.
(E) Respite care programs.
(F) Nonappropriated funds.
(G) Coast Guard family child care centers.
(H) Coast Guard and Department of Defense publicly
available online resources for families seeking
military child care and school-age care.
(4) Feasibility.--An analysis of the feasibility of the
Commandant entering into agreements with private child care and
school-age care service providers to provide child care and
school-age care for qualified families.
(5) Availability.--An analysis of the availability of child
care and school-age care for qualified families, including
accessibility after normal work hours, proximity, and total
capacity.
(6) Recommendations.--Recommendations--
(A) to improve access to child care and school-age
care for qualified families;
(B) to ensure parity between the Coast Guard and
the Department of Defense with respect to child care
and school-age care;
(C) to expand access to child care and school-age
care for all qualified families, including qualified
families that have a child with special needs; and
(D) to ensure that regional child care and child
development center needs at the unit, sector, or
district level are identified, assessed, and reasonably
evaluated by the Commandant for future infrastructure
needs.
(7) Other matters.--A description or analysis of any other
matter the Comptroller General considers relevant to the
improvement of expanded access to child care and school-age
care for qualified families.
SEC. 9302. REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND ONLINE
TRACKING SYSTEM.
(a) Memorandum of Understanding.--
(1) In general.--The Commandant shall enter into a
memorandum of understanding with the Secretary of Defense to
enable qualified families to access the website at https://
militarychildcare.com (or a successor website) for purposes of
Coast Guard family access to information with respect to State-
accredited child development centers and other child care
support services as such services become available from the
Department of Defense through such website. The memorandum
shall provide for the expansion of the geographical areas
covered by such website, including regions in which qualified
families live that are not yet covered by the program.
(2) Inclusion of child development centers accessible under
pilot program.--The information accessible pursuant to the
memorandum of understanding required by paragraph (1) shall
include information with respect to any child development
center accessible pursuant to the pilot program under section
9304.
(3) Electronic registration, payment, and tracking
system.--Not later than 1 year after the date of the enactment
of this Act, the Commandant shall develop and maintain an
internet website of the Coast Guard accessible to qualified
families to carry out the following activities:
(A) Register children for a Coast Guard child
development center.
(B) Make online child care payments to a Coast
Guard child development center.
(C) Track the status of a child on the wait list of
a Coast Guard child development center, including the
placement and position of the child on the wait list.
(b) Wait List.--
(1) In general.--The Commandant shall maintain a record of
the wait list for each Coast Guard child development center.
(2) Matters to be included.--Each record under paragraph
(1) shall include the following:
(A) The total number of children of qualified
families on the wait list.
(B) With respect to each child on the wait list--
(i) the age of the child;
(ii) the number of days the child has been
on the wait list;
(iii) the position of the child on the wait
list;
(iv) any special needs consideration; and
(v) information on whether a sibling of the
child is on the wait list of, or currently
enrolled in, the Coast Guard child development
center concerned.
(3) Requirement to archive.--Information placed in the
record of a Coast Guard child development center under
paragraph (1) shall be archived for a period of not less than
10 years after the date of its placement in the record.
SEC. 9303. STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and for each of the 2 fiscal years
thereafter, the Commandant shall conduct a study on the child
care needs of qualified families that incorporates--
(A) the results of the survey under subsection (b);
and
(B) any other information the Commandant considers
appropriate to ensure adequate tracking and future
needs-based assessments with respect to adequate access
to Coast Guard child development centers.
(2) Consultation.--In conducting a study under paragraph
(1), the Commandant may consult a federally funded research and
development center.
(3) Scope of data.--The data obtained through each study
under paragraph (1) shall be obtained on a regional basis,
including by Coast Guard unit, sector, and district.
(b) Survey.--
(1) In general.--Together with each study under subsection
(a), and annually as the Commandant considers appropriate, the
Commandant shall carry out a survey of individuals described in
paragraph (2) on access to Coast Guard child development
centers.
(2) Participants.--
(A) In general.--The Commandant shall seek the
participation in the survey of the following Coast
Guard individuals:
(i) Commanding officers, regardless of
whether the commanding officers have children.
(ii) Regular and reserve personnel.
(iii) Spouses of individuals described in
clauses (i) and (ii).
(B) Scope of participation.--Individuals described
in clauses (i) through (iii) of subparagraph (A) shall
be surveyed regardless of whether such individuals use
or have access to Coast Guard child development centers
or other Federal child care facilities.
(C) Voluntary participation.--Participation of any
individual described in subparagraph (A) in a survey
shall be on a voluntary basis.
(c) Availability.--On request, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives the results of any study or survey under this section.
SEC. 9304. PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE.
(a) In General.--Commencing not later than 60 days after the date
on which the report under section 9301 is submitted, the Commandant
shall carry out a pilot program, based on the recommendations provided
in such report, to expand access to public or private child development
centers for qualified families.
(b) Duration.--The duration of the pilot program under subsection
(a) shall be not more than 3 years beginning on the date on which the
pilot program is established.
(c) Discharge on District Basis.--The Commandant--
(1) may carry out the pilot program on a district basis;
and
(2) shall include in the pilot program remote and urban
locations.
(d) Reservation of Child Care Slots.--As part of the pilot program,
the Commandant shall seek to enter into one or more memoranda of
understanding with one or more child development centers to reserve
slots for qualified families in locations in which--
(1) the Coast Guard lacks a Coast Guard child development
center; or
(2) the wait lists for the nearest Coast Guard child
development center or Department of Defense child development
center, where applicable, indicate that qualified families may
not be accommodated.
(e) Annual Assessment of Results.--As part of any study conducted
pursuant to section 9303(a) after the end of the 1-year period
beginning with the commencement of the pilot program, the Commandant
shall also undertake a current assessment of the impact of the pilot
program on access to child development centers for qualified families.
The Commandant shall include the results of any such assessment in the
results of the most current study or survey submitted pursuant to
section 9303(a).
SEC. 9305. IMPROVEMENTS TO COAST GUARD-OWNED FAMILY HOUSING.
Section 2922(b) of title 14, United States Code, is amended by
adding at the end the following:
``(4) To the maximum extent practicable, the Commandant
shall ensure that, in a location in which Coast Guard family
child care centers (as such term is defined in section 9309 of
the Elijah E. Cummings Coast Guard Authorization Act of 2020)
are necessary to meet the demand for child care for qualified
families (as such term is defined in such section), not fewer
than two housing units are maintained in accordance with safety
inspection standards so as to accommodate family child care
providers.''.
SEC. 9306. BRIEFING ON TRANSFER OF FAMILY CHILD CARE PROVIDER
QUALIFICATIONS AND CERTIFICATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall brief the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives on
the feasibility of developing a policy to allow the transfer of a Coast
Guard-mandated family child care provider qualification or
certification between Coast Guard-owned housing units if, as determined
by the Commandant--
(1) the qualification or certification is not expired;
(2) the transfer of the qualification or certification
would not pose a danger to any child in the care of the family
child care provider; and
(3) the transfer would expedite the ability of the family
child care provider to establish, administer, and provide
family home daycare in a Coast Guard-owned housing unit.
(b) Briefing Element.--The briefing required by subsection (a)
shall include analysis of options for transferring a Coast Guard-
mandated family child care provider qualification or certification as
described in that subsection, and of any legal challenges associated
with such transfer.
(c) Rule of Construction.--The policy under subsection (a) shall
not be construed to supersede any other applicable Federal, State, or
local law (including regulations) relating to the provision of child
care services.
SEC. 9307. INSPECTIONS OF COAST GUARD CHILD DEVELOPMENT CENTERS AND
FAMILY CHILD CARE PROVIDERS.
(a) Inspections.--Section 2923 of title 14, United States Code, is
amended by striking subsection (b) and inserting the following:
``(b) Inspections.--
``(1) In general.--Not less than twice annually, the
Commandant shall ensure that each Coast Guard child development
center is subject to an unannounced inspection.
``(2) Responsibility for inspections.--Of the biannual
inspections under paragraph (1)--
``(A) 1 shall be carried out by a representative of
the Coast Guard installation served by the Coast Guard
child development center concerned; and
``(B) 1 shall be carried out by a representative of
the Coast Guard child development services work-life
programs.''.
(b) Family Child Care Providers.--
(1) In general.--Chapter 29 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 2926. Family child care providers
``(a) In General.--Not less frequently than quarterly, the
Commandant shall ensure that each family child care provider is subject
to inspection.
``(b) Responsibility for Inspections.--Of the quarterly inspections
under subsection (a) each year--
``(1) 3 inspections shall be carried out by a
representative of the Coast Guard installation served by the
family child care provider concerned; and
``(2) 1 inspection shall be carried out by a representative
of the Coast Guard child development services work-life
programs.''.
(2) Clerical amendment.--The analysis for chapter 29 of
title 14, United States Code, is amended by adding at the end
the following:
``2926. Family child care providers.''.
SEC. 9308. EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE.
Not later than 1 year after the date of the enactment of this Act,
the Commandant shall--
(1) establish a procedure to allow Coast Guard family child
care centers to occur at off-base housing, including off-base
housing owned or subsidized by the Coast Guard; and
(2) establish a procedure to ensure that all requirements
with respect to such family child care programs are met,
including home inspections.
SEC. 9309. DEFINITIONS.
In this subtitle:
(1) Coast guard child development center.--The term ``Coast
Guard child development center'' has the meaning given that
term in section 2921(3) of title 14, United States Code.
(2) Coast guard family child care center.--The term ``Coast
Guard family child care center'' means a location at which
family home daycare is provided.
(3) Family child care provider.--The term ``family child
care provider'' means an individual who provides family home
daycare.
(4) Family home daycare.--The term ``family home daycare''
has the meaning given that term in section 2921(5) of title 14,
United States Code.
(5) Qualified family.--The term ``qualified family'' means
any regular, reserve, or retired member of the Coast Guard, and
any civilian employee of the Coast Guard, with one or more
dependents.
Subtitle D--Reports
SEC. 9401. MODIFICATIONS OF CERTAIN REPORTING REQUIREMENTS.
(a) Especially Hazardous Cargo.--Subsection (e) of section 70103 of
title 46, United States Code, is amended to read as follows:
``(e) Especially Hazardous Cargo.--
``(1) Enforcement of security zones.--Consistent with other
provisions of Federal law, the Coast Guard shall coordinate and
be responsible for the enforcement of any Federal security zone
established by the Coast Guard around a vessel containing
especially hazardous cargo. The Coast Guard shall allocate
available resources so as to deter and respond to a
transportation security incident, to the maximum extent
practicable, and to protect lives or protect property in
danger.
``(2) Especially hazardous cargo defined.--In this
subsection, the term `especially hazardous cargo' means
anhydrous ammonia, ammonium nitrate, chlorine, liquefied
natural gas, liquefied petroleum gas, and any other substance,
material, or group or class of material, in a particular amount
and form that the Secretary determines by regulation poses a
significant risk of creating a transportation security incident
while being transported in maritime commerce.''.
(b) Compliance With Security Standards.--Section 809 of the Coast
Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 46
U.S.C. 70101 note) is amended by striking subsections (g) and (i).
(c) Marine Safety Long-Term Strategy.--Section 2116 of title 46,
United States Code, is amended--
(1) in subsection (a), by striking ``The strategy shall
include the issuance of a triennial plan'' and inserting ``The
5-year strategy shall include the issuance of a plan'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Contents of Strategy and Triennial Plans'' and
inserting ``5-Year Strategy and Plan'';
(B) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``strategy and triennial
plans'' and inserting ``5-year strategy and plan''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``strategy and triennial
plans'' and inserting ``5-year strategy and
plan''; and
(ii) in subparagraph (A), by striking
``plans'' and inserting ``plan'';
(3) in subsection (c)--
(A) by striking ``Beginning with fiscal year 2020
and triennially thereafter, the Secretary'' and
inserting ``Not later than 5 years after the date of
the enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, and every 5 years
thereafter, the Secretary''; and
(B) by striking ``triennial''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``No less
frequently than semiannually'' and inserting ``In
conjunction with the submission of the 5-year strategy
and plan''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``Report to
congress'' and inserting ``Periodic
briefings'';
(ii) in the matter preceding subparagraph
(A), by striking ``report triennially'' and all
that follows through ``the Senate'' and
inserting ``periodically brief the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and
Infrastructure of the House of
Representatives'';
(iii) in subparagraph (A)--
(I) by striking ``annual''; and
(II) by striking ``for the year
covered by the report'' and inserting
``for the period covered by the
briefing''; and
(iv) in subparagraph (B)(ii), by striking
``plans'' and inserting ``plan''.
(d) Abandoned Seafarers Fund.--Section 11113(a) of title 46, United
States Code, is amended--
(1) in paragraph (4), by striking ``On the date'' and
inserting ``Except as provided in paragraph (5), on the date'';
and
(2) by adding at the end the following:
``(5) No report required.--A report under paragraph (4)
shall not be required if there were no expenditures from the
Fund in the preceding fiscal year. The Commandant shall notify
Congress in the event a report is not required under paragraph
(4) by reason of this paragraph.''.
(e) Major Acquisition Program Risk Assessment.--Section 5107 of
title 14, United States Code, is amended--
(1) in subsection (a), by striking ``April 15 and October
15'' and inserting ``October 15''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the 2 fiscal-
year quarters preceding such assessment'' and inserting
``the previous fiscal year'';
(B) in paragraph (3), by striking ``such 2 fiscal-
year quarters'' and inserting ``such fiscal year'';
(C) in paragraph (4), by striking ``such 2 fiscal-
year quarters'' and inserting ``such fiscal year''; and
(D) in paragraph (5), by striking ``such 2 fiscal-
year quarters'' and inserting ``such fiscal year''.
SEC. 9402. REPORT ON CYBERSECURITY WORKFORCE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on how the Coast Guard plans to establish a workforce with the
cybersecurity expertise to provide prevention assessments and response
capacity to Operational Technology and Industrial Control Systems in
national port and maritime environments.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) A description of the number and skills of active duty
and reserve Coast Guard members expected for initial operating
capacity and full operating capacity of the workforce described
in subsection (a).
(2) A description of the career development path for
officers and enlisted members participating in the workforce.
(3) A determination of how the workforce will fulfill the
cybersecurity needs of the Area Maritime Security Council and
United States port environments.
(4) A determination of how the workforce will integrate
with the Hunt and Incident Response and Assessment Teams of the
Cyber and Infrastructure Security Agency of the Department of
Homeland Security.
(5) An assessment of successful models used by other Armed
Forces, including the National Guard, to recruit, maintain, and
utilize a cyber workforce, including the use of Reserve
personnel for that purpose.
SEC. 9403. REPORT ON NAVIGATION AND BRIDGE RESOURCE MANAGEMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the training and qualification processes of the Coast Guard
for deck watch officers, with a specific focus on basic navigation,
bridge resource management, crew rest, and qualification processes.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) Recommendations for improving prearrival training, if
necessary, and an assessment of how commercial industry best
practices on prearrival training can be incorporated into
military at sea watchkeeping.
(2) A detailed description of the deck watch officer
assessment process of the Coast Guard.
(3) A list of programs that have been approved for credit
toward merchant mariner credentials.
(4) A complete analysis of the gap between the existing
curriculum for deck watch officer training and the Standards of
Training, Certification, and Watchkeeping for officer in charge
of a navigational watch at the operational level, Chief level,
and Master level.
(5) A complete analysis of the gap between the existing
training curriculum for deck watch officers and the licensing
requirement for 3rd mate unlimited, Chief, and Master.
(6) An assessment of deck watch officer options to complete
the 3rd mate unlimited license and the qualification under the
Standards of Training, Certification, and Watchkeeping for
officer in charge of a navigational watch.
(7) An assessment of senior deck watch officer options to
complete the Chief Mate and Master unlimited license and the
qualification under the Standards of Training, Certification,
and Watchkeeping for Chief Mate and Master.
SEC. 9404. REPORT ON HELICOPTER LIFE-CYCLE SUPPORT AND
RECAPITALIZATION.
Not later than 180 days after the date of the enactment of this
Act, the Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that--
(1) includes an updated fleet life-cycle analysis and
service life extension plan that includes dynamic components,
and which clearly demonstrates the mission viability of the MH-
65 through anticipated fleet recapitalization;
(2) includes a realistic sustainment budget necessary to
achieve the operational availability rates necessary to meet
MH-65 mission requirements through fleet recapitalization;
(3) includes an update on the status of the Coast Guard MH-
65 helicopter recapitalization; and
(4) includes a description of any alternative, available,
and cost-effective Government and civil systems, or updates,
that the Coast Guard is considering for MH-65 operational
missions, including Coast Guard cutter deployability
requirements, in the event of delays to the future vertical
lift program of the Coast Guard.
SEC. 9405. REPORT ON COAST GUARD RESPONSE CAPABILITIES FOR CYBER
INCIDENTS ON VESSELS ENTERING PORTS OR WATERS OF THE
UNITED STATES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the response capabilities of the Coast Guard with respect to
cyber incidents on vessels entering ports or waters of the United
States.
(b) Review.--The report under subsection (a) shall include a review
of each of the following:
(1) The number and type of commercial vessels of the United
States subject to regulations under part 104 of title 33, Code
of Federal Regulations (or any corresponding similar regulation
or ruling).
(2) Policies and guidance issued by the Commandant, in
accordance with guidelines on cyber risk management of the
International Maritime Organization, to vessels of the United
States.
(3) Measures to be taken by owners or operators of
commercial vessels of the United States to increase
cybersecurity posture on such vessels.
(4) Responses of the Commandant to cyber incidents on
vessels described in paragraph (1) prior to the date of the
enactment of this Act.
(5) Response protocols followed by personnel of the Coast
Guard to a cyber incident on any vessel described in paragraph
(1) experienced while that vessel is traveling to ports or
waters of the United States.
(6) Oversight by the Commandant of--
(A) vessel-to-facility interface, as defined in
section 101.105 of title 33, Code of Federal
Regulations (or any corresponding similar regulation or
ruling); and
(B) actions taken by the Coast Guard in
coordination with vessel and facility owners and
operators to protect commercial vessels and port
facility infrastructure from cyber attacks and
proliferation.
(7) Requirements of the Commandant for the reporting of
cyber incidents that occur on the vessels described in
paragraph (1).
(c) Recommendations and Appropriations.--The Commandant shall
include in the report under subsection (a)--
(1) recommendations--
(A) to improve cyber incident response; and
(B) for policies to address gaps identified by the
review under subsection (b); and
(2) a description of authorities and appropriations
necessary to improve the preparedness of the Coast Guard for
cyber incidents on vessels entering ports or waters of the
United States and the ability of the Coast Guard to prevent and
respond to such incidents.
(d) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(e) Vessel of the United States Defined.--In this section, the term
``vessel of the United States'' has the meaning given such term in
section 116 of title 46, United States Code.
SEC. 9406. STUDY AND REPORT ON COAST GUARD INTERDICTION OF ILLICIT
DRUGS IN TRANSIT ZONES.
(a) Findings.--Congress makes the following findings:
(1) The Coast Guard seizes an average of 1,221 pounds of
cocaine and 85 pounds of marijuana each day in the transit
zones of the Eastern Pacific Ocean, Caribbean Sea, and Southern
maritime border approaches.
(2) The Joint Interagency Task Force-South (JIATF-South)
estimates that it has a spectrum of actionable intelligence on
more than 80 percent of drug movements into the United States
from Central America and South America.
(3) The Coast Guard must balance asset allocation across 11
statutory missions. As such, the Coast Guard interdicts less
than 10 percent of maritime noncommercial smuggling of illicit
drugs into the United States from Central America and South
America.
(4) In 2017, the Government Accountability Office
recommended that the Commandant of the Coast Guard--
(A) develop new performance goals relating to the
interdiction of illicit drugs smuggled into the United
States, or describe the manner in which existing goals
are sufficient;
(B) report such goals to the public;
(C) assess the extent to which limitations in
performance data with respect to such goals are
documented;
(D) document measurable corrective actions and
implementation timeframes with respect to such goals;
and
(E) document efforts to monitor implementation of
such corrective actions.
(b) Study.--The Secretary of the Department in which the Coast
Guard is operating, in coordination with the Secretary of Defense and
the heads of other relevant Federal agencies, shall conduct a study in
order to identify gaps in resources that contribute to low interdiction
rates for maritime noncommercial smuggling of illicit drugs into the
United States from Central America and South America despite having
actionable intelligence on more than 80 percent of drug movements in
the transit zones of the Eastern Pacific Ocean, Caribbean Sea, and
Southern maritime border approaches.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Department in which the Coast Guard
is operating shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the results
of the study under subsection (b). Such report shall include--
(1) a statement of the Coast Guard mission requirements for
drug interdiction in the Caribbean basin;
(2) the number of maritime surveillance hours and Coast
Guard assets used in each of fiscal years 2017 through 2019 to
counter the illicit trafficking of drugs and other related
threats throughout the Caribbean basin; and
(3) a determination of whether such hours and assets
satisfied the Coast Guard mission requirements for drug
interdiction in the Caribbean basin.
(d) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 9407. REPORT ON LIABILITY LIMITS SET IN SECTION 1004 OF THE OIL
POLLUTION ACT OF 1990.
Not later than 180 days after the date of the enactment of this
Act, the Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report setting
forth the following:
(1) Each liability limit set under section 1004 of the Oil
Pollution Act of 1990 (33 U.S.C. 2704), including the statutory
or regulatory authority establishing such limit.
(2) If the Commandant determines that any liability limit
listed in such section should be modified--
(A) a description of the modification;
(B) a justification for such modification; and
(C) a recommendation for legislative or regulatory
action to achieve such modification.
SEC. 9408. REPORT ON COAST GUARD DEFENSE READINESS RESOURCES
ALLOCATION.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the allocation of
resources by the Coast Guard to support its defense readiness mission.
(b) Contents.--The report required by subsection (a) shall include
the following elements:
(1) Funding levels allocated by the Coast Guard to support
defense readiness missions for each of the past 10 fiscal
years.
(2) Funding levels transferred or otherwise provided by the
Department of Defense to the Coast Guard in support of the
Coast Guard's defense readiness missions for each of the past
10 fiscal years.
(3) The number of Coast Guard detachments assigned in
support of the Coast Guard's defense readiness mission for each
of the past 10 fiscal years.
(c) Assessment.--In addition to the elements detailed in subsection
(b), the report shall include an assessment of the impacts on the Coast
Guard's non-defense mission readiness and operational capabilities due
to the annual levels of reimbursement provided by the Department of
Defense to compensate the Coast Guard for its expenses to fulfill its
defense readiness mission.
SEC. 9409. REPORT ON THE FEASIBILITY OF LIQUEFIED NATURAL GAS FUELED
VESSELS.
Not later than 1 year after the date of the enactment of this Act,
the Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
following:
(1) The feasibility, safety, and cost effectiveness of
using liquefied natural gas to fuel new Coast Guard vessels.
(2) The feasibility, safety, and cost effectiveness of
converting existing vessels to run on liquefied natural gas
fuels.
(3) The operational feasibility of using liquefied natural
gas to fuel Coast Guard vessels.
SEC. 9410. COAST GUARD AUTHORITIES STUDY.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall seek to enter into an arrangement with the
National Academy of Sciences not later than 60 days after the date of
the enactment of this Act under which the Academy shall prepare an
assessment of Coast Guard authorities.
(b) Assessment.--The assessment under subsection (a) shall
provide--
(1) an examination of emerging issues that may require
Coast Guard oversight, regulation, or action;
(2) a description of potential limitations and shortcomings
of relying on current Coast Guard authorities to address
emerging issues; and
(3) an overview of adjustments and additions that could be
made to existing Coast Guard authorities to fully address
emerging issues.
(c) Report to the Congress.--Not later than 1 year after entering
into an arrangement with the Secretary under subsection (a), the
National Academy of Sciences shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
the assessment under this section.
(d) Emerging Issues.--In this section, the term ``emerging issues''
means changes in the maritime industry and environment that in the
determination of the National Academy of Sciences are reasonably likely
to occur within 10 years after the date of the enactment of this Act,
including--
(1) the introduction of new technologies in the maritime
domain;
(2) the advent of new processes or operational activities
in the maritime domain; and
(3) changes in the use of navigable waterways.
(e) Form.--The assessment required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 9411. REPORT ON EFFECTS OF CLIMATE CHANGE ON COAST GUARD.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on vulnerabilities of Coast Guard installations and requirements
resulting from climate change over the next 20 years.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A list of the 10 most vulnerable Coast Guard
installations based on the effects of climate change, including
rising sea tides, increased flooding, drought, desertification,
wildfires, thawing permafrost, or any other categories the
Commandant determines necessary.
(2) An overview of--
(A) mitigations that may be necessary to ensure the
continued operational viability and to increase the
resiliency of the identified vulnerable installations;
and
(B) the cost of such mitigations.
(3) A discussion of the climate-change-related effects on
the Coast Guard, including--
(A) the increase in the frequency of humanitarian
assistance and disaster relief missions; and
(B) campaign plans, contingency plans, and
operational posture of the Coast Guard.
(4) An overview of mitigations that may be necessary to
ensure mission resiliency and the cost of such mitigations.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 9412. SHORE INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall--
(1) develop a plan to standardize Coast Guard facility
condition assessments;
(2) establish shore infrastructure performance goals,
measures, and baselines to track the effectiveness of
maintenance and repair investments and provide feedback on
progress made;
(3) develop a process to routinely align the Coast Guard
shore infrastructure portfolio with mission needs, including
disposing of unneeded assets;
(4) establish guidance for planning boards to document
inputs, deliberations, and project prioritization decisions for
infrastructure maintenance projects;
(5) employ models for Coast Guard infrastructure asset
lines for--
(A) predicting the outcome of investments in shore
infrastructure;
(B) analyzing tradeoffs; and
(C) optimizing decisions among competing
investments;
(6) include supporting details about competing project
alternatives and report tradeoffs in congressional budget
requests and related reports; and
(7) explore the development of real property management
expertise within the Coast Guard workforce, including members
of the Senior Executive Service.
(b) Briefing.--Not later than December 31, 2020, the Commandant
shall brief the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of the actions required
under subsection (a).
SEC. 9413. COAST GUARD HOUSING; STATUS AND AUTHORITIES BRIEFING.
Not later than 180 days after the date of the enactment of this
Act, the Commandant shall provide to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a briefing on Coast
Guard housing, including--
(1) a description of the material condition of Coast Guard
housing facilities;
(2) the amount of current Coast Guard housing construction
and deferred maintenance backlogs;
(3) an overview of the manner in which the Coast Guard
manages and maintains housing facilities;
(4) a discussion of whether reauthorizing housing
authorities for the Coast Guard similar to those provided in
section 208 of the Coast Guard Authorization Act of 1996
(Public Law 104-324); and
(5) recommendations regarding how the Congress could adjust
those authorities to prevent mismanagement of Coast Guard
housing facilities.
SEC. 9414. PHYSICAL ACCESS CONTROL SYSTEM REPORT.
Not later 180 days after the date of the enactment of this Act, and
annually for each of the 4 years thereafter, the Commandant shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report regarding the status of the Coast
Guard's compliance with Homeland Security Presidential Directive 12
(HSPD-12) and Federal Information Processing Standard 201 (FIPS-201),
including--
(1) the status of Coast Guard efforts to field a
comprehensive Physical Access Control System at Coast Guard
installations and locations necessary to bring the Service into
compliance with HSPD-12 and FIPS-201B;
(2) the status of the selection of a technological
solution;
(3) the estimated phases and timeframe to complete the
implementation of such a system; and
(4) the estimated cost for each phase of the project.
SEC. 9415. STUDY ON CERTIFICATE OF COMPLIANCE INSPECTION PROGRAM WITH
RESPECT TO VESSELS THAT CARRY BULK LIQUEFIED GASES AS
CARGO AND LIQUEFIED NATURAL GAS TANK VESSELS.
(a) GAO Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the resources, regulations,
policies, protocols, and other actions designed to carry out
the Coast Guard Certificate of Compliance program with respect
to liquefied natural gas tank vessels (including examinations
under section 153.808 of title 46, Code of Federal Regulations)
and vessels that carry bulk liquefied gases as cargo (including
examinations under part 154 of title 46, Code of Federal
Regulations) for purposes of maintaining the efficiency of
examinations under that program.
(2) Contents.--The report under paragraph (1) shall include
an assessment of the adequacy of current Coast Guard resources,
regulations, policies, and protocols to maintain vessel
examination efficiency while carrying out the program referred
to in paragraph (1) as United States bulk liquefied gases
cargo, liquefied natural gas exports, and associated vessel
traffic at United States ports increase.
(b) National Academies Study.--
(1) In general.--Not later than 6 months after the date on
which the report required under subsection (a) is submitted,
the Commandant shall enter into an agreement with the National
Academies under which the National Academies shall--
(A) conduct an evaluation of the constraints and
challenges to maintaining examination efficiency under
the program as United States bulk liquefied gases
cargo, liquefied natural gas exports, and associated
vessel traffic at United States ports increase; and
(B) issue recommendations for changes to resources,
regulations, policies, and protocols to maintain the
efficiency of the program, including analysis of the
following alternatives:
(i) Establishment of a Coast Guard marine
examination unit near the Panama Canal to
conduct inspections under the program on
liquefied natural gas tank vessels bound for
the United States, similar to Coast Guard
operations carried out by Coast Guard
Activities Europe and Coast Guard Activities
Far East, including the effects of the
establishment of such a unit on the domestic
aspects of the program.
(ii) Management of all marine examiners
with gas carrier qualification within each
Coast Guard District by a single Officer in
Charge, Marine Inspection (as defined in
section 50.10-10 of title 46, Code of Federal
Regulations) to improve the efficiency of their
vessel examination assignments.
(iii) Extension of the duration of
assignment of marine examiners with a gas
carrier qualification at Coast Guard units that
most frequently inspect vessels that carry bulk
liquefied gases as cargo and liquefied natural
gas tank vessels.
(iv) Increase in the use of civilians to
conduct and support examinations under the
program.
(v) Extension of the duration of
certificates of compliance under the program
for vessels that carry bulk liquefied gases as
cargo and liquefied natural gas tank vessels
that are less than 10 years of age and
participate in a Coast Guard vessel quality
program.
SEC. 9416. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON COAST GUARD'S INTERNATIONAL PORT SECURITY PROGRAM.
(a) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General for purposes
of the report, on the Coast Guard's International Port Security
Program, including the findings, and any recommendations for
improvement of the program, of the Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) review of the actions of the Coast Guard under the
Coast Guard's International Port Security Program, since 2014,
to enhance foreign port inspections;
(2) review of the actions of the Coast Guard to recognize
and monitor port inspection programs of foreign governments;
(3) identification and review of the actions the Coast
Guard takes to address any deficiencies it observes during
visits at foreign ports;
(4) identify and review the benchmarks of the Coast Guard
for measuring the effectiveness of the program; and
(5) review of the extent to which the Coast Guard and
United States Customs and Border Protection coordinate efforts
to screen and inspect cargo at foreign ports.
SEC. 9417. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON SURGE CAPACITY OF THE COAST GUARD.
(a) GAO Report.--Not later than 60 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report setting for the results of a
comprehensive review, conducted by the Comptroller General for purposes
of the report, on the surge capacity of the Coast Guard to respond to a
catastrophic incident (such as a hurricane), including the findings,
and any recommendations for improvement, of the Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) a description and review of each Coast Guard deployment
in response to a catastrophic incident after 2005;
(2) identification of best practices informed by the
deployments described in paragraph (1);
(3) a review of the ability of the surge force of the Coast
Guard to meet the demands of the response roles in which it was
serving during each deployment described in paragraph (1);
(4) identification of any statutory or regulatory
impediments, such as adaptability, planning, training,
mobilization, or information and resource integration, to the
surge capacity of the Coast Guard in response to a catastrophic
incident;
(5) review of the impacts of a surge of the Coast Guard in
response to a catastrophic incident on the capacity of the
Coast Guard to perform its statutory missions;
(6) review of the capability of the Coast Guard to surge in
response to concurrent or subsequent catastrophic incidents;
and
(7) review and description of existing voluntary and
involuntary deployments of Coast Guard personnel and assets in
support of a United States Customs and Border Protection
response to a national emergency (as defined in Presidential
Proclamation 9844) on the surge capacity of the Coast Guard in
the event of a catastrophic incident.
(c) Definitions.--In this section, the terms ``catastrophic
incident'' and ``surge capacity'' have the meaning given such terms in
section 602 of the Post-Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 701).
SEC. 9418. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON MARINE INSPECTIONS PROGRAM OF COAST GUARD.
(a) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General for purposes
of the report, on the marine inspections program of the Coast Guard,
including the findings, and any recommendations for improvement of the
program, of the Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) an analysis of the demand for marine inspectors;
(2) an identification of the number of fully qualified
marine inspectors;
(3) a determination of whether the number of marine
inspectors identified in paragraph (2) is sufficient to meet
the demand described in paragraph (1);
(4) a review of the enlisted marine inspector workforce
compared to the civilian marine inspector workforce and whether
there is any discernable distinction or impact between such
workforces in the performance of the marine safety mission;
(5) an evaluation of the training continuum of marine
inspectors;
(6) a description and review of what actions, if any, the
Coast Guard is taking to adapt to the current rise in United
States export of crude oil and other fuels, such as
implementing a safety inspection regime for barges; and
(7) an analysis of extending tours of duty for marine
inspectors and increasing the number of civilian marine
inspectors.
SEC. 9419. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON INFORMATION TECHNOLOGY PROGRAM OF COAST GUARD.
(a) GAO Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General for
purposes of the report, on the Coast Guard Command, Control,
Communications, Computers, Cyber, and Intelligence Service
Center, including the findings, and any recommendations for
improvement of the program, of the Comptroller General.
(2) Required elements of review.--The review required under
paragraph (1) shall include--
(A) analysis of how the Coast Guard manages its
information technology program, including information
technology acquisitions, to meet its various mission
needs and reporting requirements;
(B) analysis of the adequacy of the physical
information technology infrastructure within Coast
Guard districts, including network infrastructure, for
meeting mission needs and reporting requirements;
(C) analysis of whether and, if so, how the Coast
Guard--
(i) identifies and satisfies any knowledge
and skill requirements; and
(ii) recruits, trains, and develops its
information technology personnel;
(D) analysis of whether and, if so, how the Coast
Guard separates information technology from operational
technology for cybersecurity purposes;
(E) analysis of how the Coast Guard intends to
update its Marine Information for Safety and Law
Enforcement system, personnel, accounting and other
databases, and implement an electronic health records
system; and
(F) analysis of the goals and acquisition
strategies for all proposed Coast Guard enterprise-wide
cloud computing service procurements.
(b) Review on Cloud Computing.--Not later than 180 days after the
date of the enactment of this Act, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a detailed description of the Coast
Guard's strategy to implement cloud computing for the entire Coast
Guard, including--
(1) the goals and acquisition strategies for all proposed
enterprise-wide cloud computing service procurements;
(2) a strategy to sustain competition and innovation
throughout the period of performance of each contract for
procurement of cloud-computing goods and services for the Coast
Guard, including defining opportunities for multiple cloud-
service providers and insertion of new technologies;
(3) an assessment of potential threats and security
vulnerabilities of the strategy, and plans to mitigate such
risks; and
(4) an estimate of the cost and timeline to implement cloud
computing service for all Coast Guard computing.
SEC. 9420. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
ACCESS TO HEALTH CARE BY MEMBERS OF COAST GUARD AND
DEPENDENTS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that examines access to,
experience with, and needs under the TRICARE program of members
of the Coast Guard and their dependents.
(2) Elements.--The study conducted under paragraph (1)
shall analyze the following:
(A) The record of the TRICARE program in meeting
the standards for care for primary and specialty care
for members of the Coast Guard and dependents of those
members, including members stationed in remote units.
(B) The accuracy and update periodicity of lists of
providers under the TRICARE program in areas serving
Coast Guard families.
(C) The wait times under the TRICARE program for
appointments, specialty care, and referrals for members
of the Coast Guard and dependents of those members.
(D) The availability of providers under the TRICARE
program in remote locations, including providers for
mental health, juvenile specialty care, dental, and
female health.
(E) The access of members of the Coast Guard and
dependents of those members to services under the
TRICARE program in comparison to the access to such
services by personnel of the Department of Defense and
dependents of such personnel.
(F) The liaison assistance between members of the
Coast Guard and dependents of those members and the
TRICARE program provided by the Coast Guard in
comparison to such assistance provided by the
Department of Defense.
(G) How delayed access to care, timeliness of care,
and distance traveled to care may impact personnel
readiness of members of the Coast Guard.
(H) The regions particularly impacted by lack of
access to care and recommendations to address those
access issues.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report containing the findings, conclusions, and recommendations to
improve access to quality, timely, and effective health care for
members of the Coast Guard and dependents of those members from the
study required under subsection (a).
(c) Definitions.--In this section, the terms ``dependent'' and
``TRICARE program'' have the meanings given such terms in section 1072
of title 10, United States Code.
SEC. 9421. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
MEDICAL STAFFING STANDARDS AND NEEDS FOR COAST GUARD.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that examines the health care
system of the Coast Guard.
(2) Elements.--The study conducted under paragraph (1)
shall analyze the following:
(A) The billets in clinics of the Coast Guard,
whether for personnel of the Coast Guard or otherwise,
including the number of billets, vacancies, and length
of vacancies.
(B) The wait times for patients to attain an
appointment for urgent care, routine physician care,
and dental care.
(C) The impact of billet vacancies on such wait
times.
(D) The ability of the Coast Guard to use other
medical personnel of the Department of Defense,
including physicians and physician assistants, to fill
provider vacancies for the Coast Guard.
(E) The barriers, if any, to improving coordination
and access to physicians within the health care system
of the Department of Defense.
(F) The accessibility and availability of
behavioral health medical personnel at clinics of the
Coast Guard, including personnel available for family
counseling, therapy, and other needs.
(G) The staffing models of clinics of the Coast
Guard, including recommendations to modernize such
models.
(H) The locations and needs of Coast Guard units
with or without clinics.
(I) How access to care models for members of the
Coast Guard are managed, including models with respect
to the time and distance traveled to receive care, the
cost of that travel, and alternate options to secure
care quickly and efficiently for members serving in
units without a clinic.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
containing the findings, conclusions, and recommendations from
the study required under subsection (a).
(2) Elements.--The report submitted under paragraph (1)
shall include the following:
(A) An identification of the number of members of
the Coast Guard and types of units of the Coast Guard
serviced by the health care system of the Coast Guard.
(B) An assessment of the ability of the Coast Guard
to conduct medical support at outlying units, including
remote units.
(C) An assessment of the capacity of the Coast
Guard to support surge operations using historical data
from the 10-year period preceding the date of the
report.
(D) An assessment of the impact to operations of
the Coast Guard by extended wait times or travel times
to receive care or other issues identified by the
report.
(c) Recommendations.--Not later than 90 days after the date on
which the report is submitted under subsection (b), the Commandant
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives written recommendations for medical
staffing standards for the Coast Guard based on each finding and
conclusion contained in the report, including recommendations for
health service technicians, flight surgeons, physician assistants,
dentists, dental hygienists, family advocate services, pharmacists, and
administrators, and other recommendations, as appropriate.
SEC. 9422. REPORT ON FAST RESPONSE CUTTERS, OFFSHORE PATROL CUTTERS,
AND NATIONAL SECURITY CUTTERS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the combination of Fast Response Cutters, Offshore Patrol
Cutters, and National Security Cutters necessary to carry out Coast
Guard missions.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an updated cost estimate for each type of cutter
described in such subsection; and
(2) a cost estimate for a Sensitive Compartmented
Information Facility outfitted to manage data in a manner
equivalent to the National Security Cutter Sensitive
Compartmented Information Facilities.
Subtitle E--Coast Guard Academy Improvement Act
SEC. 9501. SHORT TITLE.
This subtitle may be cited as the ``Coast Guard Academy Improvement
Act''.
SEC. 9502. COAST GUARD ACADEMY STUDY.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall seek to enter into an arrangement with the
National Academy of Public Administration not later than 60 days after
the date of the enactment of the this Act under which the National
Academy of Public Administration shall--
(1) conduct an assessment of the cultural competence of the
Coast Guard Academy as an organization and of individuals at
the Coast Guard Academy to carry out effectively the primary
duties of the United States Coast Guard listed in section 102
of title 14, United States Code, when interacting with
individuals of different races, ethnicities, genders,
religions, sexual orientations, socioeconomic backgrounds, or
from different geographic origins; and
(2) issue recommendations based upon the findings in such
assessment.
(b) Assessment of Cultural Competence.--
(1) Cultural competence of the coast guard academy.--The
arrangement described in subsection (a) shall require the
National Academy of Public Administration to, not later than 1
year after entering into an arrangement with the Secretary
under subsection (a), submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate the assessment described under subsection (a)(1).
(2) Assessment scope.--The assessment described under
subsection (a)(1) shall--
(A) describe the level of cultural competence
described in subsection (a)(1) based on the National
Academy of Public Administration's assessment of the
Coast Guard Academy's relevant practices, policies, and
structures, including an overview of discussions with
faculty, staff, students, and relevant Coast Guard
Academy affiliated organizations;
(B) examine potential changes which could be used
to further enhance such cultural competence by--
(i) modifying institutional practices,
policies, and structures; and
(ii) any other changes deemed appropriate
by the National Academy of Public
Administration; and
(C) make recommendations to enhance the cultural
competence of the Coast Guard Academy described in
subparagraph (A), including any specific plans,
policies, milestones, performance measures, or other
information necessary to implement such
recommendations.
(c) Final Action Memorandum.--Not later than 6 months after
submission of the assessment under subsection (b)(1), the Commandant of
the Coast Guard shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, a final action
memorandum in response to all recommendations contained in the
assessment. The final action memorandum shall include the rationale for
accepting, accepting in part, or rejecting each recommendation, and
shall specify, where applicable, actions to be taken to implement such
recommendations, including an explanation of how each action enhances
the ability of the Coast Guard to carry out the primary duties of the
United States Coast Guard listed in section 102 of title 14, United
States Code.
(d) Plan.--
(1) In general.--Not later than 6 months after the date of
the submission of the final action memorandum required under
subsection (c), the Commandant, in coordination with the Chief
Human Capital Officer of the Department of Homeland Security,
shall submit a plan to carry out the recommendations or the
parts of the recommendations accepted in the final action
memorandum to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(2) Strategy with milestones.--If any recommendation or
parts of recommendations accepted in the final action
memorandum address any of the following actions, then the plan
required in paragraph (1) shall include a strategy with
appropriate milestones to carry out such recommendations or
parts of recommendations:
(A) Improve outreach and recruitment of a more
diverse Coast Guard Academy cadet candidate pool based
on race, ethnicity, gender, religion, sexual
orientation, socioeconomic background, and geographic
origin.
(B) Modify institutional structures, practices, and
policies to foster a more diverse cadet corps body,
faculty, and staff workforce based on race, ethnicity,
gender, religion, sexual orientation, socioeconomic
background, and geographic origin.
(C) Modify existing or establish new policies and
safeguards to foster the retention of cadets, faculty,
and staff of different races, ethnicities, genders,
religions, sexual orientations, socioeconomic
backgrounds, and geographic origins at the Coast Guard
Academy.
(D) Restructure the admissions office of the Coast
Guard Academy to be headed by a civilian with
significant relevant higher education recruitment
experience.
(3) Implementation.--Unless otherwise directed by an Act of
Congress, the Commandant shall begin implementation of the plan
developed under this subsection not later than 180 days after
the submission of such plan to Congress.
(4) Update.--The Commandant shall include in the first
annual report required under chapter 51 of title 14, United
States Code, as amended by this division, submitted after the
date of enactment of this section, the strategy with milestones
required in paragraph (2) and shall report annually thereafter
on actions taken and progress made in the implementation of
such plan.
SEC. 9503. ANNUAL REPORT.
Chapter 51 of title 14, United States Code, is further amended by
adding at the end the following:
``Sec. 5111. Report on diversity at Coast Guard Academy
``(a) In General.--Not later than January 15, 2021, and annually
thereafter, the Commandant shall submit a report on diversity at the
Coast Guard Academy to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
``(b) Contents.--The report required under subsection (a) shall
include--
``(1) the status of the implementation of the plan required
under section 9502 of the Elijah E. Cummings Coast Guard
Authorization Act of 2020;
``(2) specific information on outreach and recruitment
activities for the preceding year, including the effectiveness
of the Coast Guard Academy minority outreach team program
described under section 1905 and of outreach and recruitment
activities in the territories and other possessions of the
United States;
``(3) enrollment information about the incoming class,
including the gender, race, ethnicity, religion, socioeconomic
background, and State of residence of Coast Guard Academy
cadets;
``(4) information on class retention, outcomes, and
graduation rates, including the race, gender, ethnicity,
religion, socioeconomic background, and State of residence of
Coast Guard Academy cadets;
``(5) information on efforts to retain diverse cadets,
including through professional development and professional
advancement programs for staff and faculty; and
``(6) a summary of reported allegations of discrimination
on the basis of race, color, national origin, sex, gender, or
religion for the preceding 5 years.''.
SEC. 9504. ASSESSMENT OF COAST GUARD ACADEMY ADMISSION PROCESSES.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall seek to enter into an arrangement with the
National Academy of Public Administration under which the National
Academy of Public Administration shall, not later than 1 year after
submitting an assessment under section 9502(a), submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate an assessment of the Coast Guard Academy admissions process.
(b) Assessment Scope.--The assessment required to be sought under
subsection (a) shall, at a minimum, include--
(1) a study, or an audit if appropriate, of the process the
Coast Guard Academy uses to--
(A) identify candidates for recruitment;
(B) recruit applicants;
(C) assist applicants in the application process;
(D) evaluate applications; and
(E) make admissions decisions;
(2) discussion of the consideration during the admissions
process of diversity, including--
(A) race;
(B) ethnicity;
(C) gender;
(D) religion;
(E) sexual orientation;
(F) socioeconomic background; and
(G) geographic origin;
(3) an overview of the admissions processes at other
Federal service academies, including--
(A) discussion of consideration of diversity,
including any efforts to attract a diverse pool of
applicants, in those processes; and
(B) an analysis of how the congressional
nominations requirement in current law related to
military service academies and the Merchant Marine
Academy impacts those processes and the overall
demographics of the student bodies at those academies;
(4) a determination regarding how a congressional
nominations requirement for Coast Guard Academy admissions
could impact diversity among the student body and the ability
of the Coast Guard to carry out effectively the Service's
primary duties described in section 102 of title 14, United
States Code; and
(5) recommendations for improving Coast Guard Academy
admissions processes, including whether a congressional
nominations process should be integrated into such processes.
SEC. 9505. COAST GUARD ACADEMY MINORITY OUTREACH TEAM PROGRAM.
(a) In General.--Chapter 19 of title 14, United States Code, is
further amended by inserting after section 1904 (as amended by this
division) the following:
``Sec. 1905. Coast Guard Academy minority outreach team program
``(a) In General.--There is established within the Coast Guard
Academy a minority outreach team program (in this section referred to
as the `Program' ) under which officers, including minority officers
and officers from territories and other possessions of the United
States, who are Academy graduates may volunteer their time to recruit
minority students and strengthen cadet retention through mentorship of
cadets.
``(b) Administration.--Not later than January 1, 2021, the
Commandant, in consultation with Program volunteers and Academy alumni
that participated in prior programs at the Academy similar to the
Program, shall appoint a permanent civilian position at the Academy to
administer the Program by, among other things--
``(1) overseeing administration of the Program;
``(2) serving as a resource to volunteers and outside
stakeholders;
``(3) advising Academy leadership on recruitment and
retention efforts based on recommendations from volunteers and
outside stakeholders;
``(4) establishing strategic goals and performance metrics
for the Program with input from active volunteers and Academy
leadership; and
``(5) reporting annually to the Commandant on academic year
and performance outcomes of the goals for the Program before
the end of each academic year.''.
(b) Clerical Amendment.--The analysis for chapter 19 of title 14,
United States Code, is further amended by inserting after the item
relating to section 1904 (as amended by this division) the following:
``1905. Coast Guard Academy minority outreach team program.''.
SEC. 9506. COAST GUARD COLLEGE STUDENT PRE-COMMISSIONING INITIATIVE.
(a) In General.--Subchapter I of chapter 21 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 2131. College student pre-commissioning initiative
``(a) In General.--There is authorized within the Coast Guard a
college student pre-commissioning initiative program (in this section
referred to as the `Program' ) for eligible undergraduate students to
enlist and receive a guaranteed commission as an officer in the Coast
Guard.
``(b) Criteria for Selection.--To be eligible for the Program a
student must meet the following requirements upon submitting an
application:
``(1) Age.--A student must be not less than 19 years old
and not more than 27 years old as of September 30 of the fiscal
year in which the Program selection panel selecting such
student convenes.
``(2) Character.--
``(A) All applicants.--All applicants must be of
outstanding moral character and meet other character
requirements as set forth by the Commandant.
``(B) Coast guard applicants.--An applicant serving
in the Coast Guard may not be commissioned if in the 36
months prior to the first Officer Candidate School
class convening date in the selection cycle, such
applicant was convicted by a court-martial or awarded
nonjudicial punishment, or did not meet performance or
character requirements set forth by the Commandant.
``(3) Citizenship.--A student must be a United States
citizen.
``(4) Clearance.--A student must be eligible for a secret
clearance.
``(5) Dependency.--
``(A) In general.--A student may not have more than
2 dependents.
``(B) Sole custody.--A student who is single may
not have sole or primary custody of dependents.
``(6) Education.--
``(A) Institution.--A student must be an
undergraduate sophomore or junior--
``(i) at a historically Black college or
university described in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C.
1061(2)) or an institution of higher education
described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)); or
``(ii) an undergraduate sophomore or junior
enrolled at an institution of higher education
(as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) that,
at the time of application of the sophomore or
junior, has had for 3 consecutive years an
enrollment of undergraduate full-time
equivalent students (as defined in section
312(e) of such Act (20 U.S.C. 1058(e))) that is
a total of at least 50 percent Black American,
Hispanic, Asian American (as defined in section
371(c) of such Act (20 U.S.C. 1067q(c))),
Native American Pacific Islander (as defined in
such section), or Native American (as defined
in such section), among other criteria, as
determined by the Commandant.
``(B) Location.--The institution at which such
student is an undergraduate must be within 100 miles of
a Coast guard unit or Coast Guard Recruiting Office
unless otherwise approved by the Commandant.
``(C) Records.--A student must meet credit and
grade point average requirements set forth by the
Commandant.
``(7) Medical and administrative.--A student must meet
other medical and administrative requirements as set forth by
the Commandant.
``(c) Enlistment and Obligation.--Individuals selected and accept
to participate in the Program shall enlist in the Coast Guard in pay
grade E-3 with a 4-year duty obligation and 4-year inactive Reserve
obligation.
``(d) Military Activities Prior to Officer Candidate School.--
Individuals enrolled in the Program shall participate in military
activities each month, as required by the Commandant, prior to
attending Officer Candidate School.
``(e) Participation in Officer Candidate School.--Each graduate of
the Program shall attend the first enrollment of Officer Candidate
School that commences after the date of such graduate's graduation.
``(f) Commissioning.--Upon graduation from Officer Candidate
School, Program graduates shall be discharged from enlisted status and
commissioned as an O-1 with an initial 3-year duty obligation.
``(g) Briefing.--
``(1) In general.--Not later than August 15 of each year,
the Commandant shall provide a briefing to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the Program.
``(2) Contents.--The briefing required under paragraph (1)
shall describe--
``(A) outreach and recruitment efforts over the
previous year; and
``(B) demographic information of enrollees
including--
``(i) race;
``(ii) ethnicity;
``(iii) gender;
``(iv) geographic origin; and
``(v) educational institution.''.
(b) Clerical Amendment.--The analysis chapter 21 of title 14,
United States Code, is amended by inserting after the item relating to
section 2130 (as added by this division) the following:
``2131. College student pre-commissioning initiative.''.
SEC. 9507. ANNUAL BOARD OF VISITORS.
Section 1903(d) of title 14, United States Code, is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) recruitment and retention, including diversity,
inclusion, and issues regarding women specifically;''.
SEC. 9508. HOMELAND SECURITY ROTATIONAL CYBERSECURITY RESEARCH PROGRAM
AT COAST GUARD ACADEMY.
(a) In General.--Subtitle E of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the
following:
``SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM.
``To enhance the Department's cybersecurity capacity, the Secretary
may establish a rotational research, development, and training program
for--
``(1) detail to the Cybersecurity and Infrastructure
Security Agency (including the national cybersecurity and
communications integration center authorized by section 2209)
of Coast Guard Academy graduates and faculty; and
``(2) detail to the Coast Guard Academy, as faculty, of
individuals with expertise and experience in cybersecurity who
are employed by--
``(A) the Agency (including the center);
``(B) the Directorate of Science and Technology; or
``(C) institutions that have been designated by the
Department as a Center of Excellence for Cyber Defense,
or the equivalent.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by
adding at the end of the items relating to subtitle E of such Act the
following:
``Sec. 846. Rotational cybersecurity research program.''.
Subtitle F--Other Matters
SEC. 9601. STRATEGY ON LEADERSHIP OF COAST GUARD.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall develop and make available to the public
a strategy to improve leadership development in the Coast Guard,
including mechanisms to address counterproductive leadership in the
Coast Guard.
(b) Elements.--The strategy shall include the following:
(1) Mechanisms to foster positive and productive leadership
qualities in emerging Coast Guard leaders, beginning, at
minimum, members at grade O-2 for officers, members at grade E-
6 for enlisted members, and members training to become an
officer in charge.
(2) Mechanisms for the ongoing evaluation of unit
commanders, including identification of counterproductive
leadership qualities in commanders.
(3) Formal training on the recognition of counterproductive
leadership qualities (in self and others), including at
leadership seminars and school houses in the Coast Guard,
including means to correct such qualities.
(4) Clear and transparent policies on standards for command
climate, leadership qualities, and inclusion.
(5) Policy to ensure established and emerging leaders have
access to hands-on training and tools to improve diversity and
inclusion.
(6) Policy and procedures for commanders to identify and
hold accountable counterproductive leaders.
(c) Counterproductive Leadership Defined.--In this section, the
term ``counterproductive leadership'' has the meaning given that term
for purposes of Army Doctrine Publication 6-22.
SEC. 9602. EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT; DEPENDENTS OF
MEMBERS OF THE COAST GUARD.
Not later than 180 days after the date of the enactment of this
Act, the Commandant shall establish a policy to allow the transfer of a
member of the Coast Guard whose dependent is the victim of sexual
assault perpetrated by a member of the Armed Forces who is not related
to the victim.
SEC. 9603. ACCESS TO RESOURCES DURING CREOSOTE-RELATED BUILDING
CLOSURES AT COAST GUARD BASE SEATTLE, WASHINGTON.
(a) In General.--With respect to the creosote-related building
closures at Coast Guard Base Seattle, Washington, the Commandant shall,
to the maximum extent practicable, enter into 1 or more agreements or
otherwise take actions to secure access to resources, including a gym,
that are not otherwise available to members of the Coast Guard during
such closures.
(b) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Commandant shall brief Congress with respect
to actions taken by the Commandant to comply with subsection (a).
SEC. 9604. SOUTHERN RESIDENT ORCA CONSERVATION AND ENFORCEMENT.
(a) Report and Action Plan on Orca Enforcement Opportunities.--Not
later than 180 days after the date of the enactment of this Act, the
Commandant, in consultation with the Under Secretary of Commerce for
Oceans and Atmosphere, shall submit to Congress a report on Coast Guard
efforts to enforce southern resident orca vessel buffer zones and other
vessel-related regulations in Puget Sound in coordination with existing
Coast Guard fisheries enforcement, maritime domain awareness, the Be
Whale Wise campaign, and other related missions. Such report shall
include recommendations on what resources, appropriations, and assets
are needed to meet orca conservation and related fisheries enforcement
targets in the 13th Coast Guard District within 1 year of the date of
enactment of this Act.
(b) Southern Resident Orcas.--The Commandant, in coordination with
the Under Secretary of Commerce for Oceans and Atmosphere, shall
undertake efforts to reduce vessel noise impacts on Southern resident
orcas in Puget Sound, the Salish Sea, and the Strait of Juan de Fuca.
(c) Program.--
(1) In general.--The Commandant shall--
(A) support the development, implementation, and
enforcement of commercial vessel noise reduction
measures that are technically feasible and economically
achievable;
(B) establish procedures for timely communication
of information to commercial vessel operators regarding
orca sightings in Puget Sound and make navigational
safety recommendations in accordance with the
Cooperative Vessel Traffic Service Agreement; and
(C) collaborate on studies or trials analyzing
vessel noise impacts on Southern resident orcas.
(2) Vessel noise impacts.--The Undersecretary of Commerce
for Oceans and Atmosphere shall assess vessel noise impacts on
Southern resident orcas in the program area and make
recommendations to reduce that noise and noise related impacts
to Southern resident orcas to the Commandant.
(3) Coordination.--In carrying out this section, the
Commandant shall coordinate with Canadian agencies affiliated
with the Enhancing Cetacean Habitat and Observation (ECHO)
program and other international organizations as appropriate.
(4) Consultation.--In carrying out this section, the
Commandant and the Undersecretary of Commerce for Oceans and
Atmosphere shall consult with State, local, and Tribal
governments and maritime industry and conservation stakeholders
including ports, higher education institutions, and
nongovernmental organizations.
SEC. 9605. SENSE OF CONGRESS AND REPORT ON IMPLEMENTATION OF POLICY ON
ISSUANCE OF WARRANTS AND SUBPOENAS AND WHISTLEBLOWER
PROTECTIONS BY AGENTS OF THE COAST GUARD INVESTIGATIVE
SERVICE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Coast Guard components with investigative authority
should exercise such authority with due respect for the rights
of whistleblowers; and
(2) the Commandant should--
(A) ensure compliance with the legal requirements
intended to protect whistleblowers;
(B) seek to shield the disclosure of the identities
of whistleblowers; and
(C) create an environment in which whistleblowers
do not fear reprisal for reporting misconduct.
(b) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the policy of the Coast Guard on the issuance of warrants and
subpoenas and whistleblower protections by agents of the Coast Guard
Investigative Service.
(c) Elements.--The report required by subsection (b) shall include
the following:
(1) A discussion of current and any new policy of the Coast
Guard on the issuance of warrants and subpoenas and
whistleblower protections by agents of the Coast Guard
Investigative Service, including Coast Guard Investigative
Service Criminal Investigation Operating Procedure CIOP 2019-
02, and the differences between such current policies and new
policies.
(2) A plan (including milestones) for the implementation of
the following:
(A) Incorporation of Coast Guard Investigative
Service Criminal Investigation Operating Procedure CIOP
2019-02 into the next revision of the relevant Coast
Guard investigative manual.
(B) Training on the policy described in paragraph
(1) for the following:
(i) Agents and legal counsel of the Coast
Guard Investigative Service.
(ii) Personnel of the Office of General
Law.
(iii) Relevant Coast Guard headquarters
personnel.
(iv) Such other Coast Guard personnel as
the Commandant considers appropriate.
SEC. 9606. INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL OPPORTUNITY
ADVISORS AND EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the inspector general of the department in which
the Coast Guard is operating shall conduct a study and develop
recommendations on the need to separate Equal Opportunity Advisors and
Equal Employment Opportunity Specialists, as practicable, through the
pre-complaint and formal discrimination complaint processes, for the
complainant, the opposing party, and the commanding officers and
officers in charge.
(b) Briefing.--Not later than 30 days after the completion of the
study required by subsection (a), the Commandant shall brief the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on the manner in which the Coast Guard plans to
implement the recommendations developed as a result of the study.
SEC. 9607. INSIDER THREAT PROGRAM.
Not later than 180 days after the date of the enactment of this
Act, the Commandant shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on a plan to expand
the Coast Guard Insider Threat Program to include the monitoring of all
Coast Guard devices, including mobile devices.
TITLE III--MARITIME
Subtitle A--Navigation
SEC. 10101. ELECTRONIC CHARTS; EQUIVALENCY.
(a) Requirements.--Section 3105(a)(1) of title 46, United States
Code, is amended to read as follows:
``(1) Electronic charts in lieu of marine charts, charts,
and maps.--Subject to paragraph (2), the following vessels,
while operating on the navigable waters of the United States,
equipped with and operating electronic navigational charts that
are produced by a government hydrographic office or conform to
a standard acceptable to the Secretary, shall be deemed in
compliance with any requirement under title 33 or title 46,
Code of Federal Regulations, to have a chart, marine chart, or
map on board such vessel:
``(A) A self-propelled commercial vessel of at
least 65 feet in overall length.
``(B) A vessel carrying more than a number of
passengers for hire determined by the Secretary.
``(C) A towing vessel of more than 26 feet in
overall length and 600 horsepower.
``(D) Any other vessel for which the Secretary
decides that electronic charts are necessary for the
safe navigation of the vessel.''.
(b) Exemptions and Waivers.--Section 3105(a)(2) of title 46, United
States Code, is amended--
(1) in subparagraph (A), by striking ``operates; and'' and
inserting ``operates;'';
(2) in subparagraph (B), by striking ``those waters.'' and
inserting ``those waters; and''; and
(3) by adding at the end the following:
``(C) permit vessels described in subparagraphs (A)
through (D) of paragraph (1) that operate solely
landward of the baseline from which the territorial sea
of the United States is measured to utilize software-
based, platform-independent electronic chart systems
that the Secretary determines are capable of displaying
electronic navigational charts with necessary scale and
detail to ensure safe navigation for the intended
voyage.''.
SEC. 10102. SUBROGATED CLAIMS.
(a) In General.--Section 1012(b) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(b)) is amended--
(1) by striking ``The'' and inserting the following:
``(1) In general.--The''; and
(2) by adding at the end the following:
``(2) Subrogated rights.--Except for a guarantor claim
pursuant to a defense under section 1016(f)(1), Fund
compensation of any claim by an insurer or other indemnifier of
a responsible party or injured third party is subject to the
subrogated rights of that responsible party or injured third
party to such compensation.''.
(b) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act.
SEC. 10103. LOAN PROVISIONS UNDER OIL POLLUTION ACT OF 1990.
(a) In General.--Section 1013 of the Oil Pollution Act of 1990 (33
U.S.C. 2713) is amended by striking subsection (f).
(b) Conforming Amendments.--Section 1012(a) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)) is amended--
(1) in paragraph (4), by adding ``and'' after the semicolon
at the end;
(2) in paragraph (5)(D), by striking ``; and'' and
inserting a period; and
(3) by striking paragraph (6).
SEC. 10104. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is
amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``,
technology,'' after ``research'';
(B) in paragraph (2)--
(i) by striking ``this subsection'' and
inserting ``paragraph (1)''; and
(ii) by striking ``which are effective in
preventing or mitigating oil discharges and
which'' and inserting ``and methods that are
effective in preventing, mitigating, or
restoring damage from oil discharges and
that'';
(C) in paragraph (3) by striking ``this
subsection'' and inserting ``paragraph (1)'' each place
it appears;
(D) in subparagraph (A) of paragraph (4)--
(i) by striking ``oil discharges. Such
program shall'' and inserting ``acute and
chronic oil discharges on coastal and marine
resources (including impacts on protected areas
such as sanctuaries) and protected species, and
such program shall'';
(ii) by redesignating clauses (iii) and
(iv) as clauses (iv) and (v), respectively;
(iii) by inserting after clause (ii) the
following:
``(iii) Research to understand and quantify the
effects of sublethal impacts of oil discharge on living
natural marine resources, including impacts on pelagic
fish species, marine mammals, and commercially and
recreationally targeted fish and shellfish species.'';
and
(iv) by adding at the end the following:
``(vi) Research to understand the long-term effects
of major oil discharges and the long-term effects of
smaller endemic oil discharges.
``(vii) The identification of potential impacts on
ecosystems, habitat, and wildlife from the additional
toxicity, heavy metal concentrations, and increased
corrosiveness of mixed crude, such as diluted bitumen
crude.
``(viii) The development of methods to restore and
rehabilitate natural resources and ecosystem functions
damaged by oil discharges.'';
(E) in paragraph (5) by striking ``this
subsection'' and inserting ``paragraph (1)'';
(F) by striking paragraph (7) and inserting the
following:
``(7) Simulated environmental testing.--
``(A) In general.--Agencies represented on the
Interagency Committee shall ensure the long-term use
and operation of the Oil and Hazardous Materials
Simulated Environmental Test Tank (OHMSETT) Research
Center in New Jersey for oil pollution technology
testing and evaluations.
``(B) Other testing facilities.--Nothing in
subparagraph (A) shall be construed as limiting the
ability of the Interagency Committee to contract or
partner with a facility or facilities other than the
Center described in subparagraph (A) for the purpose of
oil pollution technology testing and evaluations,
provided such a facility or facilities have testing and
evaluation capabilities equal to or greater than those
of such Center.
``(C) In-kind contributions.--
``(i) In general.--The Secretary of the
department in which the Coast Guard is
operating and the Administrator of the
Environmental Protection Agency may accept
donations of crude oil and crude oil product
samples in the form of in-kind contributions
for use by the Federal Government for product
testing, research and development, and for
other purposes as the Secretary and the
Administrator determine appropriate.
``(ii) Use of donated oil.--Oil accepted
under clause (i) may be used directly by the
Secretary and shall be provided to other
Federal agencies or departments through
interagency agreements to carry out the
purposes of this Act.'';
(G) in paragraph (8)--
(i) in subparagraph (A), by striking
``subsection (b)'' and inserting ``subsection
(d)''; and
(ii) in subparagraph (D)(iii), by striking
``subsection (b)(1)(F)'' and inserting
``subsection (d)''; and
(H) in paragraph (10)--
(i) by striking ``this subsection'' and
inserting ``paragraph (1)'';
(ii) by striking ``agencies represented on
the Interagency Committee'' and inserting
``Under Secretary'';
(iii) by inserting ``, and States and
Indian tribes'' after ``other persons''; and
(iv) by striking ``subsection (b)'' and
inserting ``subsection (d)'';
(2) in subsection (d), by striking ``subsection (b)'' and
inserting ``subsection (d)'';
(3) in subsection (e), by striking ``Chairman of the
Interagency Committee'' and inserting ``Chair'';
(4) in subsection (f), by striking ``subsection (c)(8)''
each place it appears and inserting ``subsection (e)(8)'';
(5) by redesignating subsections (c) through (f) as
subsections (e) through (h), respectively; and
(6) by striking subsections (a) and (b) and inserting the
following:
``(a) Definitions.--In this section--
``(1) the term `Chair' means the Chairperson of the
Interagency Committee designated under subsection (c)(2);
``(2) the term `Commandant' means the Commandant of the
Coast Guard;
``(3) the term `institution of higher education' means an
institution of higher education, as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a));
``(4) the term `Interagency Committee' means the
Interagency Coordinating Committee on Oil Pollution Research
established under subsection (b);
``(5) the term `Under Secretary' means the Under Secretary
of Commerce for Oceans and Atmosphere; and
``(6) the term `Vice Chair' means the Vice Chairperson of
the Interagency Committee designated under subsection (c)(3).
``(b) Establishment of Interagency Coordinating Committee on Oil
Pollution Research.--
``(1) Establishment.--There is established an Interagency
Coordinating Committee on Oil Pollution Research.
``(2) Purpose.--The Interagency Committee shall coordinate
a comprehensive program of oil pollution research, technology
development, and demonstration among the Federal agencies, in
cooperation and coordination with industry, 4-year institutions
of higher education and research institutions, State
governments, and other nations, as appropriate, and shall
foster cost-effective research mechanisms, including the joint
funding of research.
``(c) Membership.--
``(1) Composition.--The Interagency Committee shall be
composed of--
``(A) at least 1 representative of the Coast Guard;
``(B) at least 1 representative of the National
Oceanic and Atmospheric Administration;
``(C) at least 1 representative of the
Environmental Protection Agency;
``(D) at least 1 representative of the Department
of the Interior;
``(E) at least 1 representative of the Bureau of
Safety and Environmental Enforcement;
``(F) at least 1 representative of the Bureau of
Ocean Energy Management;
``(G) at least 1 representative of the United
States Fish and Wildlife Service;
``(H) at least 1 representative of the Department
of Energy;
``(I) at least 1 representative of the Pipeline and
Hazardous Materials Safety Administration;
``(J) at least 1 representative of the Federal
Emergency Management Agency;
``(K) at least 1 representative of the Navy;
``(L) at least 1 representative of the Corps of
Engineers;
``(M) at least 1 representative of the United
States Arctic Research Commission; and
``(N) at least 1 representative of each of such
other Federal agencies as the President considers to be
appropriate.
``(2) Chairperson.--The Commandant shall designate a
Chairperson from among the members of the Interagency Committee
selected under paragraph (1)(A).
``(3) Vice chairperson.--The Under Secretary shall
designate a Vice Chairperson from among the members of the
Interagency Committee selected under paragraph (1)(B).
``(4) Meetings.--
``(A) Quarterly meetings.--At a minimum, the
members of the Interagency Committee shall meet once
each quarter.
``(B) Public summaries.--After each meeting, a
summary shall be made available by the Chair or Vice
Chair, as appropriate.
``(d) Duties of the Interagency Committee.--
``(1) Research.--The Interagency Committee shall--
``(A) coordinate a comprehensive program of oil
pollution research, technology development, and
demonstration among the Federal agencies, in
cooperation and coordination with industry, 4-year
institutions of higher education and research
institutions, States, Indian tribes, and other
countries, as appropriate; and
``(B) foster cost-effective research mechanisms,
including the joint funding of research and the
development of public-private partnerships for the
purpose of expanding research.
``(2) Oil pollution research and technology plan.--
``(A) Implementation plan.--Not later than 180 days
after the date of enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020, the Interagency
Committee shall submit to Congress a research plan to
report on the state of oil discharge prevention and
response capabilities that--
``(i) identifies current research programs
conducted by Federal agencies, States, Indian
tribes, 4-year institutions of higher
education, and corporate entities;
``(ii) assesses the current status of
knowledge on oil pollution prevention,
response, and mitigation technologies and
effects of oil pollution on the environment;
``(iii) identifies significant oil
pollution research gaps, including an
assessment of major technological deficiencies
in responses to past oil discharges;
``(iv) establishes national research
priorities and goals for oil pollution
technology development related to prevention,
response, mitigation, and environmental
effects;
``(v) assesses the research on the
applicability and effectiveness of the
prevention, response, and mitigation
technologies to each class of oil;
``(vi) estimates the resources needed to
conduct the oil pollution research and
development program established pursuant to
subsection (e), and timetables for completing
research tasks;
``(vii) summarizes research on response
equipment in varying environmental conditions,
such as in currents, ice cover, and ice floes;
and
``(viii) includes such other information or
recommendations as the Interagency Committee
determines to be appropriate.
``(B) Advice and guidance.--
``(i) National academy of sciences
contract.--The Chair, through the department in
which the Coast Guard is operating, shall
contract with the National Academy of Sciences
to--
``(I) provide advice and guidance
in the preparation and development of
the research plan;
``(II) assess the adequacy of the
plan as submitted, and submit a report
to Congress on the conclusions of such
assessment; and
``(III) provide organization
guidance regarding the implementation
of the research plan, including
delegation of topics and research among
Federal agencies represented on the
Interagency Committee.
``(ii) NIST advice and guidance.--The
National Institute of Standards and Technology
shall provide the Interagency Committee with
advice and guidance on issues relating to
quality assurance and standards measurements
relating to its activities under this section.
``(C) 10-year updates.--Not later than 10 years
after the date of enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020, and every 10
years thereafter, the Interagency Committee shall
submit to Congress a research plan that updates the
information contained in the previous research plan
submitted under this subsection.''.
SEC. 10105. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE
CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a contract for
the containment or removal of a discharge entered into by the President
under section 311(c) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)) shall contain a provision to indemnify a contractor for
liabilities and expenses incidental to the containment or removal
arising out of the performance of the contract that is substantially
identical to the terms contained in subsections (d) through (h) of
section H.4 (except for paragraph (1) of subsection (d)) of the
contract offered by the Coast Guard in the solicitation numbered
DTCG89-98-A-68F953 and dated November 17, 1998.
(b) Requirements.--
(1) Source of funds.--The provision required under
subsection (a) shall include a provision that the obligation to
indemnify is limited to funds available in the Oil Spill
Liability Trust Fund established by section 9509(a) of the
Internal Revenue Code of 1986 at the time the claim for
indemnity is made.
(2) Uncompensated removal.--A claim for indemnity under a
contract described in subsection (a) shall be made as a claim
for uncompensated removal costs under section 1012(a)(4) of the
Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).
(3) Limitation.--The total indemnity for a claim under a
contract described in subsection (a) may not be more than
$50,000 per incident.
(c) Applicability of Exemptions.--Notwithstanding subsection (a),
the United States shall not be obligated to indemnify a contractor for
any act or omission of the contractor carried out pursuant to a
contract entered into under this section where such act or omission is
grossly negligent or which constitutes willful misconduct.
Subtitle B--Shipping
SEC. 10201. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS;
APPLICATION.
Section 3507(k)(1) of title 46, United States Code, is amended--
(1) in subparagraph (B), by adding ``and'' after the
semicolon at the end;
(2) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (D).
SEC. 10202. SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER VESSELS.
Section 12121 of title 46, United States Code, is amended--
(1) in subsection (a)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) was built in the United States;
``(B) was not built in the United States and is at
least 3 years old; or
``(C) if rebuilt, was rebuilt--
``(i) in the United States; or
``(ii) outside the United States at least 3
years before the certificate requested under
subsection (b) would take effect.''; and
(2) in subsection (b), by inserting ``12132,'' after
``12113,''.
SEC. 10203. NON-OPERATING INDIVIDUAL.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall not enforce section 8701 of title 46, United
States Code, with respect to the following:
(1) A vessel with respect to individuals, other than crew
members required by the Certificate of Inspection or to ensure
the safe navigation of the vessel and not a member of the
steward's department, engaged on board for the sole purpose of
carrying out spill response activities, salvage, marine
firefighting, or commercial diving business or functions from
or on any vessel, including marine firefighters, spill response
personnel, salvage personnel, and commercial divers and diving
support personnel.
(2) An offshore supply vessel, an industrial vessel (as
such term is defined in section 90.10-16 of title 46, Code of
Federal Regulations), or other similarly engaged vessel with
respect to persons engaged in the business of the ship on board
the vessel--
(A) for--
(i) supporting or executing the industrial
business or function of the vessel;
(ii) brief periods to conduct surveys or
investigations, assess crew competence, conduct
vessel trials, provide extraordinary security
resources, or similar tasks not traditionally
performed by the vessel crew; or
(iii) performing maintenance tasks on
equipment under warranty, or on equipment not
owned by the vessel owner, or maintenance
beyond the capability of the vessel crew to
perform; and
(B) not the master or crew members required by the
certificate of inspection and not a member of the
steward's department.
(b) Sunset.--The prohibition in subsection (a) shall terminate on
the date that is 2 years after the date of the enactment of this Act.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report detailing
recommendations to ensure that personnel working on a vessel
who perform work or operate equipment on such vessel not
related to the operation of the vessel itself undergo a
background check and the appropriate training necessary to
ensure personnel safety and the safety of the vessel's crew.
(2) Contents.--The report required under paragraph (1)
shall include, at a minimum, a discussion of--
(A) options and recommendations for ensuring that
the individuals covered by subsection (a) are
appropriately screened to mitigate security and safety
risks, including to detect substance abuse;
(B) communication and collaboration between the
Coast Guard, the department in which the Coast Guard is
operating, and relevant stakeholders regarding the
development of processes and requirements for
conducting background checks and ensuring such
individuals receive basic safety familiarization and
basic safety training approved by the Coast Guard;
(C) any identified legislative changes necessary to
implement effective training and screening requirements
for individuals covered by subsection (a); and
(D) the timeline and milestones for implementing
such requirements.
SEC. 10204. CONFORMING AMENDMENTS: TRAINING; PUBLIC SAFETY PERSONNEL.
Chapter 701 of title 46, United States Code, is amended--
(1) in section 70107--
(A) in subsection (a), by striking ``law
enforcement personnel'' and inserting ``public safety
personnel'';
(B) in subsection (b)(8), by striking ``law
enforcement personnel--'' and inserting ``public safety
personnel--''; and
(C) in subsection (c)(2)(C), by striking ``law
enforcement agency personnel'' and inserting ``public
safety personnel''; and
(2) in section 70132--
(A) in subsection (a), by striking ``law
enforcement personnel--'' and inserting ``public safety
personnel--'';
(B) in subsection (b), by striking ``law
enforcement personnel'' each place it appears and
inserting ``public safety personnel''; and
(C) by adding at the end the following:
``(d) Public Safety Personnel Defined.--For the purposes of this
section, the term `public safety personnel' includes any Federal, State
(or political subdivision thereof), territorial, or Tribal law
enforcement officer, firefighter, or emergency response provider.''.
SEC. 10205. MARITIME TRANSPORTATION ASSESSMENT.
Section 55501(e) of title 46, United States Code, is amended--
(1) in paragraph (2), by striking ``an assessment of the
condition'' and inserting ``a conditions and performance
analysis'';
(2) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (5), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(6) a compendium of the Federal programs engaged in the
maritime transportation system.''.
SEC. 10206. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT.
(a) In General.--Section 4312 of title 46, United States Code, is
amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Use Requirement.--
``(1) In general.--An individual operating a covered
recreational vessel shall use an engine cut-off switch link
while operating on plane or above displacement speed.
``(2) Exceptions.--The requirement under paragraph (1)
shall not apply if--
``(A) the main helm of the covered vessel is
installed within an enclosed cabin; or
``(B) the vessel does not have an engine cut-off
switch and is not required to have one under subsection
(a).''.
(b) Civil Penalty.--Section 4311 of title 46, United States Code,
is amended by--
(1) redesignating subsections (c), (d), (e), (f), and (g)
as subsections (d), (e), (f), (g), and (h), respectively; and
(2) inserting after subsection (b) the following:
``(c) A person violating section 4312(b) of this title is liable to
the United States Government for a civil penalty of not more than--
``(1) $100 for the first offense;
``(2) $250 for the second offense; and
``(3) $500 for any subsequent offense.''.
(c) Effective Date.--The amendments made in subsections (a) and (b)
shall take effect 90 days after the date of the enactment of this
section, unless the Commandant, prior to the date that is 90 days after
the date of the enactment of this section, determines that the use
requirement enacted in subsection (a) would not promote recreational
boating safety.
SEC. 10207. AUTHORITY TO WAIVE OPERATOR OF SELF-PROPELLED UNINSPECTED
PASSENGER VESSEL REQUIREMENTS.
Section 8905 of title 46, United States Code, is amended by adding
at the end the following:
``(c) After consultation with the Governor of Alaska and the State
boating law administrator of Alaska, the Secretary may exempt an
individual operating a self-propelled uninspected passenger vessel from
the requirements of section 8903 of this title, if--
``(1) the individual only operates such vessel wholly
within waters located in Alaska; and
``(2) such vessel is--
``(A) 26 feet or less in length; and
``(B) carrying not more than 6 passengers.''.
SEC. 10208. EXEMPTIONS AND EQUIVALENTS.
(a) In General.--Section 4305 of title 46, United States Code, is
amended--
(1) by striking the heading and inserting the following:
``Sec. 4305. Exemptions and equivalents'';
(2) by striking ``If the Secretary'' and inserting the
following:
``(a) Exemptions.--If the Secretary''; and
(3) by adding at the end the following:
``(b) Equivalents.--The Secretary may accept a substitution for
associated equipment performance or other safety standards for a
recreational vessel if the substitution provides an equivalent level of
safety.''.
(b) Clerical Amendment.--The analysis for chapter 43 of title 46,
United States Code, is amended by striking the item relating to section
4305 and inserting the following:
``4305. Exemptions and equivalents.''.
SEC. 10209. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS.
Section 501(a) of title 46, United States Code, is amended--
(1) by striking ``On request'' and inserting the following:
``(1) In general.--On request''; and
(2) by adding at the end the following:
``(2) Explanation.--Not later than 24 hours after making a
request under paragraph (1), the Secretary of Defense shall
submit to the Committees on Transportation and Infrastructure
and Armed Services of the House of Representatives and the
Committees on Commerce, Science, and Transportation and Armed
Services of the Senate a written explanation of the
circumstances requiring such a waiver in the interest of
national defense, including a confirmation that there are
insufficient qualified vessels to meet the needs of national
defense without such a waiver.''.
SEC. 10210. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS.
Not later than 60 days after the date of the enactment of this
Act, the Commandant shall provide to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a briefing on the
Coast Guard's implementation of section 7106 of title 46, United States
Code--
(1) an overview of the manner in which the Coast Guard
manages and processes renewal applications under such section,
including communication with the applicant regarding
application status;
(2) the number of applications received and approved over
the previous 2 years, or in the event applications were denied,
a summary detailing the reasons for such denial;
(3) an accounting of renewal applications filed up to 8
months in advance of the expiration of a pre-existing license,
including the processing of such applications and communication
with the applicant regarding application status or any other
extenuating circumstances; and
(4) any other regulatory or statutory changes that would be
necessary to further improve the Coast Guard's issuance of
credentials to fully qualified mariners in the most effective
and efficient manner possible in order to ensure a safe,
secure, economically and environmentally sound marine
transportation system.
SEC. 10211. CERTIFICATE EXTENSIONS.
(a) In General.--Subchapter I of chapter 121 of title 46, United
States Code, is amended by adding at the end the following:
``Sec. 12108. Authority to extend duration of vessel certificates
``(a) Certificates.--Provided a vessel is in compliance with
inspection requirements in section 3313, the Secretary of the
department in which in the Coast Guard is operating may, if the
Secretary makes the determination described in subsection (b), extend,
for a period of not more than 1 year, an expiring certificate of
documentation issued for a vessel under chapter 121.
``(b) Determination.--The determination referred to in subsection
(a) is a determination that such extension is required to enable the
Coast Guard to--
``(1) eliminate a backlog in processing applications for
such certificates; or
``(2) act in response to a national emergency or natural
disaster.
``(c) Manner of Extension.--Any extension granted under this
section may be granted to individual vessels or to a specifically
identified group of vessels.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
121 of title 46, United States Code, is amended by adding at the end
the following:
``12108. Authority to extend duration of vessel certificates.''.
SEC. 10212. VESSEL SAFETY STANDARDS.
(a) Fishing Safety Training Grants Program.--Subsection (i) of
section 4502 of title 46, United States Code, is amended--
(1) in paragraph (3), by striking ``50 percent'' and
inserting ``75 percent''; and
(2) in paragraph (4), by striking ``2019'' and inserting
``2021''.
(b) Fishing Safety Research Grant Program.--Subsection (j) of such
section is amended--
(1) in paragraph (3), by striking ``50 percent'' and
inserting ``75 percent''; and
(2) in paragraph (4), by striking ``2019'' and inserting
``2021''.
(c) Fishing Safety Grants.--The cap on the Federal share of the
cost of any activity carried out with a grant under subsections (i) and
(j) of section 4502 of title 46, United States Code, as in effect prior
to the date of enactment of the Frank LoBiondo Coast Guard
Authorization Act of 2018, shall apply to any funds appropriated under
the Consolidated Appropriations Act, 2017 (Public Law 115-31) for the
purpose of making such grants.
SEC. 10213. MEDICAL STANDARDS.
(a) In General.--Chapter 35 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 3509. Medical standards
``The owner of a vessel to which section 3507 applies shall ensure
that--
``(1) a physician is always present and available to treat
any passengers who may be on board the vessel in the event of
an emergency situation;
``(2) the vessel is in compliance with the Health Care
Guidelines for Cruise Ship Medical Facilities established by
the American College of Emergency Physicians; and
``(3) the initial safety briefing given to the passengers
on board the vessel includes--
``(A) the location of the vessel's medical
facilities; and
``(B) the appropriate steps passengers should
follow during a medical emergency.''.
(b) Clerical Amendment.--The analysis for chapter 35 of title 46,
United States Code, is amended by adding at the end the following:
``3509. Medical standards.''.
Subtitle C--Advisory Committees
SEC. 10301. ADVISORY COMMITTEES.
(a) National Offshore Safety Advisory Committee; Representation.--
Section 15106(c)(3) of title 46, United States Code, is amended--
(1) in subparagraph (C), by striking ``mineral and oil
operations, including geophysical services'' and inserting
``operations'';
(2) in subparagraph (D), by striking ``exploration and
recovery'';
(3) in subparagraph (E), by striking ``engaged in diving
services related to offshore construction, inspection, and
maintenance'' and inserting ``providing diving services to the
offshore industry'';
(4) in subparagraph (F), by striking ``engaged in safety
and training services related to offshore exploration and
construction'' and inserting ``providing safety and training
services to the offshore industry'';
(5) in subparagraph (G), by striking ``engaged in
pipelaying services related to offshore construction'' and
inserting ``providing subsea engineering, construction, or
remotely operated vehicle support to the offshore industry'';
(6) in subparagraph (H), by striking ``mineral and
energy'';
(7) in subparagraph (I), by inserting ``and entities
providing environmental protection, compliance, or response
services to the offshore industry'' after ``national
environmental entities''; and
(8) in subparagraph (J), by striking ``deepwater ports''
and inserting ``entities engaged in offshore oil exploration
and production on the Outer Continental Shelf adjacent to
Alaska''.
(b) Technical Corrections.--Section 15109 of title 46, United
States Code, is amended by inserting ``or to which this chapter
applies'' after ``committee established under this chapter'' each place
it appears.
SEC. 10302. MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY COMMITTEE.
(a) Maritime Transportation System National Advisory Committee.--
Chapter 555 of title 46, United States Code, is amended by adding at
the end the following:
``Sec. 55502. Maritime Transportation System National Advisory
Committee
``(a) Establishment.--There is established a Maritime
Transportation System National Advisory Committee (in this section
referred to as the `Committee').
``(b) Function.--The Committee shall advise the Secretary of
Transportation on matters relating to the United States maritime
transportation system and its seamless integration with other segments
of the transportation system, including the viability of the United
States Merchant Marine.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 27
members appointed by the Secretary of Transportation in
accordance with this section and section 15109.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) At least one member shall represent the
Environmental Protection Agency.
``(B) At least one member shall represent the
Department of Commerce.
``(C) At least one member shall represent the Corps
of Engineers.
``(D) At least one member shall represent the Coast
Guard.
``(E) At least one member shall represent Customs
and Border Protection.
``(F) At least one member shall represent State and
local governmental entities.
``(G) Additional members shall represent private
sector entities that reflect a cross-section of
maritime industries, including port and water
stakeholders, academia, and labor.
``(H) The Secretary may appoint additional
representatives from other Federal agencies as the
Secretary considers appropriate.
``(4) Restrictions on members representing federal
agencies.--Members of the Committee that represent Federal
agencies shall not--
``(A) comprise more than one-third of the total
membership of the Committee or of any subcommittee
therein; or
``(B) serve as the chair or co-chair of the
Committee or of any subcommittee therein.
``(5) Administration.--For purposes of section 15109--
``(A) the Committee shall be treated as a committee
established under chapter 151; and
``(B) the Secretary of Transportation shall fulfill
all duties and responsibilities and have all
authorities of the Secretary of Homeland Security with
regard to the Committee.''.
(b) Treatment of Existing Committee.--Notwithstanding any other
provision of law--
(1) an advisory committee substantially similar to the
Committee established by section 55502 of title 46, United
States Code, and that was in force or in effect on the day
before the date of the enactment of this Act, including the
charter, membership, and other aspects of such advisory
committee, may remain in force or in effect for the 2-year
period beginning on the date of the enactment of this section;
and
(2) during such 2-year period--
(A) requirements relating the Maritime
Transportation System National Advisory Committee
established by such section shall be treated as
satisfied by such substantially similar advisory
committee; and
(B) the enactment of this section shall not be the
basis--
(i) to deem, find, or declare such
committee, including the charter, membership,
and other aspects thereof, void, not in force,
or not in effect;
(ii) to suspend the activities of such
committee; or
(iii) to bar the members of such committee
from a meeting.
(c) Clerical Amendment.--The analysis for chapter 555 of title 46,
United States Code, is amended by adding at the end the following:
``55502. Maritime Transportation System National Advisory Committee.''.
(d) Repeal.--Section 55603 of title 46, United States Code, and the
item relating to that section in the analysis for chapter 556 of that
title, are repealed.
SEC. 10303. EXPIRED MARITIME LIENS.
Section 31343(e) of title 46, United States Code, is amended--
(1) by inserting ``(1)'' before ``A notice''; and
(2) by inserting after paragraph (1), as so designated by
this section, the following:
``(2) On expiration of a notice of claim of lien under paragraph
(1), and after a request by the vessel owner, the Secretary shall
annotate the abstract of title to reflect the expiration of the
lien.''.
SEC. 10304. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.
(a) In General.--Section 9307 of title 46, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``seven'' and
inserting ``8''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``representing the interests of'' and inserting
``chosen from among nominations made by'';
(ii) in subparagraph (C), by striking
``representing the interests of Great Lakes
ports'' and inserting ``chosen from among
nominations made by Great Lakes port
authorities and marine terminals'';
(iii) in subparagraph (D)--
(I) by striking ``representing the
interests of'' and inserting ``chosen
from among nominations made by''; and
(II) by striking ``; and'' and
inserting a semicolon;
(iv) by redesignating subparagraph (E) as
subparagraph (F);
(v) by inserting after subparagraph (D) the
following:
``(E) one member chosen from among nominations made by
Great Lakes maritime labor organizations; and''; and
(vi) in subparagraph (F), as so
redesignated, by striking ``with a background
in finance or accounting,''; and
(2) in subsection (f)(1), by striking ``2020'' and
inserting ``2030''.
(b) Committee Deemed Not Expired.--Notwithstanding section
9307(f)(1) of title 46, United States Code, in any case in which the
date of enactment of this Act occurs after September 30, 2020, the
Great Lakes Pilotage Advisory Committee in existence as of September
30, 2020, shall be deemed not expired during the period beginning on
September 30, 2020 through the date of enactment of this Act.
Accordingly, the committee membership, charter, and the activities of
such Committee shall continue as though such Committee had not expired.
SEC. 10305. NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE.
(a) National Commercial Fishing Safety Advisory Committee.--
(1) Amendments to section 15102.--Section 15102 of title
46, United States Code, is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by inserting ``and provide
recommendations in writing to'' after
``advise''; and
(II) in subparagraph (E), by
striking ``and'' after the semicolon;
and
(ii) in paragraph (2)--
(I) by striking the period and
inserting ``; and''; and
(II) by adding at the end the
following:
``(3) review marine casualties and investigations of
vessels covered by chapter 45 of this title and make
recommendations to the Secretary to improve safety and reduce
vessel casualties.''; and
(B) by adding at the end the following:
``(d) Quorum.--A quorum of 10 members is required to send any
written recommendations from the Committee to the Secretary.
``(e) Savings Clause.--Nothing in this section shall preclude the
Secretary from taking emergency action to ensure safety and
preservation of life at sea.''.
(2) Amendments to section 15109.--Section 15109 of title
46, United States Code, is amended--
(A) in subsection (a)--
(i) by striking ``Each'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
each''; and
(ii) by adding at the end the following:
``(2) Minimum requirements.--The committee established
under section 15102, shall--
``(A) meet in-person, not less frequently than
twice each year, at the call of the Secretary of a
majority of the members of the committee;
``(B) hold additional meetings as necessary;
``(C) post the minutes of each meeting of the
committee on a publicly available website not later
than 2 weeks after the date on which a meeting
concludes; and
``(D) provide reasonable public notice of any
meeting of the committee, and publish such notice in
the Federal Register and on a publicly available
website.'';
(B) in subsection (f)(8)--
(i) by striking ``Notwithstanding'' and
inserting the following:
``(A) Reappointment.--Notwithstanding''; and
(ii) by adding at the end the following:
``(B) Limitation.--With respect to the committee
established under section 15102, members may serve not
more than 3 terms.'';
(C) in subsection (j)(3)--
(i) in subparagraph (B), by striking
``and'';
(ii) in subparagraph (C), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) make all responses required by subparagraph
(C) which are related to recommendations made by the
committee established under section 15102 available to
the public not later than 30 days after the date of
response.'';
(D) by amending subsection (k) to read as follows:
``(k) Observers.--
``(1) In general.--Any Federal agency with matters under
such agency's administrative jurisdiction related to the
function of a committee established under this chapter may
designate a representative to--
``(A) attend any meeting of such committee; and
``(B) participate as an observer at meetings of
such committee that relate to such a matter.
``(2) National commercial fishing safety advisory
committee.--With respect to the committee established under
section 15102, the Commandant of the Coast Guard shall
designate a representative under paragraph (1).'';
(E) in subsection (l), by striking ``2027'' and
inserting ``2029'';
(F) by redesignating subsection (l) as subsection
(m);
(G) by inserting after subsection (k) the
following:
``(l) Technical Assistance.--
``(1) In general.--The Secretary shall provide technical
assistance to the Committee if requested by the Chairman.
``(2) Committee consultation.--With respect to the
committee established under section 15102, the Chairman of the
committee shall seek expertise from the fishing industry,
marine safety experts, the shipbuilding industry, and others as
the committee determines appropriate.''; and
(H) by adding at the end the following:
``(n) Savings Clause.--Nothing in this section shall preclude the
Secretary from taking emergency action to ensure safety and
preservation of life at sea.''.
SEC. 10306. EXEMPTION OF COMMERCIAL FISHING VESSELS OPERATING IN
ALASKAN REGION FROM GLOBAL MARITIME DISTRESS AND SAFETY
SYSTEM REQUIREMENTS OF FEDERAL COMMUNICATIONS COMMISSION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the department in which the Coast
Guard is operating.
(b) Exemption.--Subject to subsection (c), the Federal
Communications Commission shall exempt fishing vessels that primarily
operate in the Alaskan Region, including fishing vessels that transit
from States in the Pacific Northwest to conduct fishing operations in
the Alaskan Region, from the requirements relating to carriage of VHF-
DSC and MF-DSC equipment under subpart W of part 80 of title 47, Code
of Federal Regulations, or any successor regulation.
(c) Functional Requirements.--A fishing vessel exempted under
subsection (b) shall--
(1) be capable of transmitting ship-to-shore distress
alerts using not fewer than 2 separate and independent systems,
each using a different radio communication service;
(2) be equipped with--
(A) a VHF radiotelephone installation;
(B) an MF or HF radiotelephone installation;
(C) a Category 1, 406.0-406.1 MHz EPIRB meeting the
requirements of section 80.1061 of title 47, Code of
Federal Regulations, or any successor regulation;
(D) a NAVTEX receiver meeting the requirements of
section 80.1101(c)(1) of title 47, Code of Federal
Regulations, or any successor regulation;
(E) survival craft equipment meeting the
requirements of section 80.1095 of title 47, Code of
Federal Regulations, or any successor regulation; and
(F) a Search and Rescue Transponder meeting the
requirements of section 80.1101(c)(6) of title 47, Code
of Federal Regulations, or any successor regulation;
(3) maintain a continuous watch on VHF Channel 16; and
(4) as an alternative to the equipment listed in
subparagraphs (A) through (F) of paragraph (2), carry equipment
found by the Federal Communications Commission, in consultation
with the Secretary, to be equivalent or superior with respect
to ensuring the safety of the vessel.
(d) Definition of Alaskan Region.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall define the term
``Alaskan Region'' for purposes of this section. The Secretary shall
include in the definition of such term the area of responsibility of
Coast Guard District 17.
Subtitle D--Ports
SEC. 10401. PORT, HARBOR, AND COASTAL FACILITY SECURITY.
Section 70116 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting ``, cyber incidents,
transnational organized crime, and foreign state threats''
after ``an act of terrorism'';
(2) in subsection (b)--
(A) in paragraphs (1) and (2), by inserting ``cyber
incidents, transnational organized crime, and foreign
state threats'' after ``terrorism'' each place it
appears; and
(B) in paragraph (3)--
(i) by striking ``armed'' and inserting ``,
armed (as needed),''; and
(ii) by striking ``terrorism or
transportation security incidents,'' and
inserting ``terrorism, cyber incidents,
transnational organized crime, foreign state
threats, or transportation security
incidents,''; and
(3) in subsection (c)--
(A) by striking ``70034,'' and inserting
``70033,''; and
(B) by adding at the end the following new
sentence: ``When preventing or responding to acts of
terrorism, cyber incidents, transnational organized
crime, or foreign state threats, the Secretary may
carry out this section without regard to chapters 5 and
6 of title 5 or Executive Order Nos. 12866 and
13563.''.
SEC. 10402. AIMING LASER POINTER AT VESSEL.
(a) In General.--Subchapter II of chapter 700 of title 46, United
States Code, is amended by adding at the end the following:
``Sec. 70014. Aiming laser pointer at vessel
``(a) Prohibition.--It shall be unlawful to cause the beam of a
laser pointer to strike a vessel operating on the navigable waters of
the United States.
``(b) Exceptions.--This section shall not apply to a member or
element of the Department of Defense or Department of Homeland Security
acting in an official capacity for the purpose of research,
development, operations, testing, or training.
``(c) Laser Pointer Defined.--In this section the term `laser
pointer' means any device designed or used to amplify electromagnetic
radiation by stimulated emission that emits a beam designed to be used
by the operator as a pointer or highlighter to indicate, mark, or
identify a specific position, place, item, or object.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
700 of title 46, United States Code, is amended by adding at the end
the following:
``70014. Aiming laser pointer at vessel.''.
SEC. 10403. SAFETY OF SPECIAL ACTIVITIES.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall conduct a 2-year pilot program to establish
and implement a process to--
(1) establish safety zones to address special activities in
the exclusive economic zone;
(2) account for the number of safety zones established for
special activities;
(3) differentiate whether an applicant who requests a
safety zone for such activities is--
(A) an individual;
(B) an organization; or
(C) a government entity; and
(4) account for Coast Guard resources utilized to enforce
safety zones established for special activities, including--
(A) the number of Coast Guard or Coast Guard
Auxiliary vessels used; and
(B) the number of Coast Guard or Coast Guard
Auxiliary patrol hours required.
(b) Briefing.--Not later than 180 days after the expiration of the
2-year pilot program, the Commandant shall brief the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
regarding--
(1) the process required under subsection (a); and
(2) whether the authority to establish safety zones to
address special activities in the exclusive economic zone
should be extended or made permanent in the interest of safety.
(c) Definitions.--In this section:
(1) Safety zone.--The term ``safety zone'' has the meaning
given such term in section 165.20 of title 33, Code of Federal
Regulations.
(2) Special activities.--The term ``special activities''
includes--
(A) space activities, including launch and reentry,
as such terms are defined in section 50902 of title 51,
United States Code, carried out by United States
citizens; and
(B) offshore energy development activities, as
described in section 8(p)(1)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)),
on or near a fixed platform.
(3) United states citizen.--The term ``United States
citizen'' has the meaning given the term ``eligible owners'' in
section 12103 of title 46, United States Code.
(4) Fixed platform.--The term ``fixed platform'' means an
artificial island, installation, or structure permanently
attached to the sea-bed for the purpose of exploration or
exploitation of resources or for other economic purposes.
SEC. 10404. SECURITY PLANS; REVIEWS.
Section 70103 of title 46, United States Code, is amended--
(1) by amending subsection (b)(3) to read as follows:
``(3) The Secretary shall review and approve Area Maritime
Transportation Security Plans and updates under this
subsection.''; and
(2) in subsection (c)(4), by inserting ``or update'' after
``plan'' each place it appears.
SEC. 10405. VESSEL TRAFFIC SERVICE.
Section 70001 of title 46, United States Code, is amended to read
as follows:
``Sec. 70001. Vessel traffic services
``(a) In General.--Subject to the requirements of section 70004,
the Secretary--
``(1) in any port or place under the jurisdiction of the
United States, in the navigable waters of the United States, or
in any area covered by an international agreement negotiated
pursuant to section 70005, may construct, operate, maintain,
improve, or expand vessel traffic services, that consist of
measures for controlling or supervising vessel traffic or for
protecting navigation and the marine environment and that may
include one or more of reporting and operating requirements,
surveillance and communications systems, routing systems, and
fairways;
``(2) shall require appropriate vessels that operate in an
area of a vessel traffic service to utilize or comply with that
service;
``(3) may require vessels to install and use specified
navigation equipment, communications equipment, electronic
relative motion analyzer equipment, or any electronic or other
device necessary to comply with a vessel traffic service or
that is necessary in the interests of vessel safety, except
that the Secretary shall not require fishing vessels under 300
gross tons as measured under section 14502, or an alternate
tonnage measured under section 14302 as prescribed by the
Secretary under section 14104, or recreational vessels 65 feet
or less to possess or use the equipment or devices required by
this subsection solely under the authority of this chapter;
``(4) may control vessel traffic in areas subject to the
jurisdiction of the United States that the Secretary determines
to be hazardous, or under conditions of reduced visibility,
adverse weather, vessel congestion, or other hazardous
circumstances, by--
``(A) specifying times of entry, movement, or
departure;
``(B) establishing vessel traffic routing schemes;
``(C) establishing vessel size, speed, or draft
limitations and vessel operating conditions; and
``(D) restricting operation, in any hazardous area
or under hazardous conditions, to vessels that have
particular operating characteristics or capabilities
that the Secretary considers necessary for safe
operation under the circumstances;
``(5) may require the receipt of prearrival messages from
any vessel, destined for a port or place subject to the
jurisdiction of the United States, in sufficient time to permit
advance vessel traffic planning before port entry, which shall
include any information that is not already a matter of record
and that the Secretary determines necessary for the control of
the vessel and the safety of the port or the marine
environment; and
``(6) may prohibit the use on vessels of electronic or
other devices that interfere with communication and navigation
equipment, except that such authority shall not apply to
electronic or other devices certified to transmit in the
maritime services by the Federal Communications Commission and
used within the frequency bands 157.1875-157.4375 MHz and
161.7875-162.0375 MHz.
``(b) National Policy.--
``(1) Establishment and update of national policy.--
``(A) Establishment of policy.--Not later than one
year after the date of enactment of this section, the
Secretary shall establish a national policy which is
inclusive of local variances permitted under subsection
(c), to be applied to all vessel traffic service
centers and publish such policy in the Federal
Register.
``(B) Update.--The Secretary shall periodically
update the national policy established under
subparagraph (A) and shall publish such update in the
Federal Register or on a publicly available website.
``(2) Elements.--The national policy established and
updated under paragraph (1) shall include, at a minimum, the
following:
``(A) Standardization of titles, roles, and
responsibilities for all personnel assigned, working,
or employed in a vessel traffic service center.
``(B) Standardization of organizational structure
within vessel traffic service centers, to include
supervisory and reporting chain and processes.
``(C) Establishment of directives for the
application of authority provided to each vessel
traffic service center, specifically with respect to
directing or controlling vessel movement when such
action is justified in the interest of safety.
``(D) Establishment of thresholds and measures for
monitoring, informing, recommending, and directing
vessel traffic.
``(E) Establishment of national procedures and
protocols for vessel traffic management.
``(F) Standardization of training for all vessel
traffic service directors, operators, and
watchstanders.
``(G) Establishment of certification and competency
evaluation for all vessel traffic service directors,
operators, and watchstanders.
``(H) Establishment of standard operating language
when communicating with vessel traffic users.
``(I) Establishment of data collection, storage,
management, archiving, and dissemination policies and
procedures for vessel incidents and near-miss
incidents.
``(c) Local Variances.--
``(1) Development.--In this section, the Secretary may
provide for such local variances as the Secretary considers
appropriate to account for the unique vessel traffic, waterway
characteristics, and any additional factors that are
appropriate to enhance navigational safety in any area where
vessel traffic services are provided.
``(2) Review and approval by secretary.--The Captain of the
Port covered by a vessel traffic service center may develop and
submit to the Secretary regional policies in addition to the
national policy established and updated under subsection (b) to
account for variances from that national policy with respect to
local vessel traffic conditions and volume, geography, water
body characteristics, waterway usage, and any additional
factors that the Captain considers appropriate.
``(3) Review and implementation.--Not later than 180 days
after receiving regional policies under paragraph (2)--
``(A) the Secretary shall review such regional
policies; and
``(B) the Captain of the port concerned shall
implement the policies that the Secretary approves.
``(4) Maintenance.--The Secretary shall maintain a central
depository for all local variances approved under this section.
``(d) Cooperative Agreements.--
``(1) In general.--The Secretary may enter into cooperative
agreements with public or private agencies, authorities,
associations, institutions, corporations, organizations, or
other persons to carry out the functions under subsection
(a)(1).
``(2) International coordination.--With respect to vessel
traffic service areas that cross international boundaries, the
Secretary may enter into bilateral or cooperative agreements
with international partners to jointly carry out the functions
under subsection (a)(1) and to jointly manage such areas to
collect, share, assess, and analyze information in the
possession or control of the international partner.
``(3) Limitation.--
``(A) Inherently governmental function.--A
nongovernmental entity may not under this subsection
carry out an inherently governmental function.
``(B) Definition of inherently governmental
function.--In this paragraph, the term `inherently
governmental function' means any activity that is so
intimately related to the public interest as to mandate
performance by an officer or employee of the Federal
Government, including an activity that requires either
the exercise of discretion in applying the authority of
the Government or the use of judgment in making a
decision for the Government.
``(4) Disclosure.--The Commandant of the Coast Guard shall
de-identify information prior to release to the public,
including near miss incidents.
``(e) Performance Evaluation.--
``(1) In general.--The Secretary shall develop and
implement a standard method for evaluating the performance of
vessel traffic service centers.
``(2) Elements.--The standard method developed and
implemented under paragraph (1) shall include, at a minimum,
analysis and collection of data with respect to the following
within a vessel traffic service area covered by each vessel
traffic service center:
``(A) Volume of vessel traffic, categorized by type
of vessel.
``(B) Total volume of flammable, combustible, or
hazardous liquid cargo transported, categorized by
vessel type as provided in the Notice of Arrival, if
applicable, or as determined by other means.
``(C) Data on near-miss incidents.
``(D) Data on marine casualties.
``(E) Application by vessel traffic operators of
traffic management authority during near-miss incidents
and marine casualties.
``(F) Other additional methods as the Secretary
considers appropriate.
``(3) Report.--Not later than 1 year after the date of the
enactment of this paragraph, and biennially thereafter, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the evaluation conducted under
paragraph (1) of the performance of vessel traffic service
centers, including--
``(A) recommendations to improve safety and
performance; and
``(B) data regarding marine casualties and near-
miss incidents that have occurred during the period
covered by the report.
``(f) Risk Assessment Program.--
``(1) In general.--The Secretary shall develop a continuous
risk assessment program to evaluate and mitigate safety risks
for each vessel traffic service area to improve safety and
reduce the risks of oil and hazardous material discharge in
navigable waters.
``(2) Method for assessment.--The Secretary, in
coordination with stakeholders and the public, shall develop a
standard method for conducting risk assessments under paragraph
(1) that includes the collection and management of all
information necessary to identify and analyze potential
hazardous navigational trends within a vessel traffic service
area.
``(3) Information to be assessed.--
``(A) In general.--The Secretary shall ensure that
a risk assessment conducted under paragraph (1)
includes an assessment of the following:
``(i) Volume of vessel traffic, categorized
by type of vessel.
``(ii) Total volume of flammable,
combustible, or hazardous liquid cargo
transported, categorized by vessel type as
provided in the Notice of Arrival, if
applicable, or as determined by other means.
``(iii) Data on near-miss events incidents.
``(iv) Data on marine casualties.
``(v) Geographic locations for near-miss
events incidents and marine casualties,
including latitude and longitude.
``(vi) Cyclical risk factors such as
weather, seasonal water body currents, tides,
bathymetry, and topography.
``(vii) Weather data, in coordination with
the National Oceanic and Atmospheric
Administration.
``(B) Information storage and management
policies.--The Secretary shall retain all information
collected under subparagraph (A) and ensure policies
and procedures are in place to standardize the format
in which that information is retained to facilitate
statistical analysis of that information to calculate
within a vessel traffic service area, at a minimum, the
incident rate, intervention rate, and casualty
prevention rate.
``(4) Public availability.--
``(A) Assessments and information.--In accordance
with section 552 of title 5, the Secretary shall make
any risk assessments conducted under paragraph (1) and
any information collected under paragraph (3)(A)
available to the public.
``(B) Information in possession or control of
international partners.--The Secretary shall endeavor
to coordinate with international partners as described
in subsection (d)(2) to enter into agreements to make
information collected, shared, and analyzed under that
paragraph available to the public.
``(C) Disclosure.--The Commandant of the Coast
Guard shall de-identify information prior to release to
the public, including near-miss incidents.
``(g) Vessel Traffic Service Training.--
``(1) Training program.--
``(A) In general.--The Secretary shall develop a
comprehensive nationwide training program for all
vessel traffic service directors, operators, and
watchstanders.
``(B) Elements.--The comprehensive nationwide
training program under subparagraph (A) and any
variances to that program under subsection (c) shall
include, at a minimum, the following:
``(i) Realistic vessel traffic scenarios to
the maximum extent practicable that integrate--
``(I) the national policy developed
under subsection (b);
``(II) international rules under
the International Navigational Rules
Act of 1977 (33 U.S.C. 1601 et seq.);
``(III) inland navigation rules
under part 83 of title 33, Code of
Federal Regulations;
``(IV) the application of vessel
traffic authority; and
``(V) communication with vessel
traffic service users.
``(ii) Proficiency training with respect to
use, interpretation, and integration of
available data on vessel traffic service
display systems such as radar, and vessel
automatic identification system feeds.
``(iii) Practical application of--
``(I) the international rules under
the International Navigational Rules
Act of 1977 (33 U.S.C. 1601 et seq.);
and
``(II) the inland navigation rules
under part 83 of title 33, Code of
Federal Regulations.
``(iv) Proficiency training with respect to
the operation of radio communications equipment
and any other applicable systems necessary to
execute vessel traffic service authorities.
``(v) Incorporation of the Standard Marine
Communication Phrases adopted by the
International Maritime Organization by
resolution on April 4, 2000, as amended and
consolidated, or any successor resolution.
``(vi) Incorporation to the maximum extent
possible of guidance and recommendations
contained in vessel traffic services operator
training, vessel traffic services supervisor
training, or other relevant training set forth
by the International Association of Marine Aids
to Navigation and Lighthouse Authorities.
``(vii) A minimum number of hours of
training for an individual to complete before
the individual is qualified to fill a vessel
traffic services position without supervision.
``(viii) Local area geographic and
operational familiarization.
``(ix) Such additional components as the
Secretary considers appropriate.
``(2) Standard competency qualification process.--
``(A) In general.--The Secretary shall develop a
standard competency qualification process to be applied
to all personnel assigned, employed, or working in a
vessel traffic service center.
``(B) Application of process.--The competency
qualification process developed under subparagraph (A)
shall include measurable thresholds for determining
proficiency.
``(3) International and inland navigation rules test.--
``(A) In general.--All personnel assigned,
employed, or working in a vessel traffic service center
with responsibilities that include communicating,
interacting, or directing vessels within a vessel
traffic service area, as determined under the national
policy developed under subsection (b), shall be
required to pass a United States international and
inland navigation rules test developed by the
Secretary.
``(B) Elements of test.--The Secretary shall
determine the content and passing standard for the
rules test developed under subparagraph (A).
``(C) Testing frequency.--The Secretary shall
establish a frequency, not to exceed once every 5
years, for personnel described in subparagraph (A) to
be required to pass the rules test developed under such
subparagraph.
``(h) Research on Vessel Traffic.--
``(1) Vessel communication.--The Secretary shall conduct
research, in consultation with subject matter experts
identified by the Secretary, to develop more effective
procedures for monitoring vessel communications on radio
frequencies to identify and address unsafe situations in a
vessel traffic service area. The Secretary shall consider data
collected under subparagraph (A) of subsection (f)(3).
``(2) Professional mariner representation.--
``(A) In general.--The Secretary shall conduct
research, in consultation with local stakeholders and
subject matter experts identified by the Secretary, to
evaluate and determine the feasibility, costs and
benefits of representation by professional mariners on
the vessel traffic service watchfloor at each vessel
traffic service center.
``(B) Implementation.--The Secretary shall
implement representation by professional mariners on
the vessel traffic service watchfloor at those vessel
traffic service centers for which it is determined
feasible and beneficial pursuant to research conducted
under subparagraph (A).
``(i) Inclusion of Identification System on Certain Vessels.--
``(1) In general.--The National Navigation Safety Advisory
Committee shall advise and provide recommendations to the
Secretary on matters relating to the practicability, economic
costs, regulatory burden, and navigational impact of outfitting
vessels lacking independent means of propulsion that carry
flammable, combustible, or hazardous liquid cargo with vessel
automatic identification systems.
``(2) Regulations.--Based on the evaluation under paragraph
(1), the Secretary shall prescribe such regulations as the
Secretary considers appropriate to establish requirements
relating to the outfitting of vessels described in such
subparagraph with vessel automatic identification systems.
``(j) Periodic Review of Vessel Traffic Service Needs.--
``(1) In general.--Based on the performance evaluation
conducted under subsection (e) and the risk assessment
conducted under subsection (f), the Secretary shall
periodically review vessel traffic service areas to determine--
``(A) if there are any additional vessel traffic
service needs in those areas; and
``(B) if a vessel traffic service area should be
moved or modified.
``(2) Information to be assessed.--
``(A) In general.--The Secretary shall ensure that
a review conducted under paragraph (1) includes an
assessment of the following:
``(i) Volume of vessel traffic, categorized
by type of vessel.
``(ii) Total volume of flammable,
combustible, or hazardous liquid cargo
transported, categorized by vessel type as
provided in the Notice of Arrival, if
applicable, or as determined by other means.
``(iii) Data on near miss incidents.
``(iv) Data on marine casualties.
``(v) Geographic locations for near-miss
incidents and marine casualties, including
latitude and longitude.
``(vi) Cyclical risk factors such as
weather, seasonal water body currents, tides,
bathymetry, and topography.
``(vii) Weather data, in coordination with
the National Oceanic and Atmospheric
Administration.
``(3) Stakeholder input.--In conducting the periodic
reviews under paragraph (1), the Secretary shall seek input
from port and waterway stakeholders to identify areas of
increased vessel conflicts or marine casualties that could
benefit from the use of routing measures or vessel traffic
service special areas to improve safety, port security, and
environmental protection.
``(4) Disclosure.--The Commandant of the Coast Guard shall
de-identify information prior to release to the public,
including near miss incidents.
``(k) Limitation of Liability for Coast Guard Vessel Traffic
Service Pilots and Non-Federal Vessel Traffic Service Operators.--
``(1) Coast guard vessel traffic service pilots.--Any
pilot, acting in the course and scope of his or her duties
while at a Coast Guard Vessel Traffic Service Center, who
provides information, advice, or communication assistance while
under the supervision of a Coast Guard officer, member, or
employee shall not be liable for damages caused by or related
to such assistance unless the acts or omissions of such pilot
constitute gross negligence or willful misconduct.
``(2) Non-federal vessel traffic service operators.--An
entity operating a non-Federal vessel traffic information
service or advisory service pursuant to a duly executed written
agreement with the Coast Guard, and any pilot acting on behalf
of such entity, is not liable for damages caused by or related
to information, advice, or communication assistance provided by
such entity or pilot while so operating or acting unless the
acts or omissions of such entity or pilot constitute gross
negligence or willful misconduct.
``(l) Existing Authority.--Nothing in this section shall be
construed to alter the existing authorities of the Secretary to enhance
navigation, vessel safety, marine environmental protection, and to
ensure safety and preservation of life and property at sea.
``(m) Definitions.--In this section:
``(1) Hazardous liquid cargo.--The term `hazardous liquid
cargo' has the meaning given that term in regulations
prescribed under section 5103 of title 49.
``(2) Marine casualty.--The term `marine casualty' has the
meaning given that term in regulations prescribed under section
6101(a).
``(3) Vessel traffic service area.--The term `vessel
traffic service area' means an area specified in subpart C of
part 161 of title 33, Code of Federal Regulations, or any
successor regulation.
``(4) Vessel traffic service center.--The term `vessel
traffic service center' means a center for the provision of
vessel traffic services in a vessel traffic service area.
``(5) Near miss incident.--The term `near miss incident'
means any occurrence or series of occurrences having the same
origin, involving one or more vessels, facilities, or any
combination thereof, resulting in the substantial threat of a
marine casualty.
``(6) De-identified.--The term `de-identified' means the
process by which all information that is likely to establish
the identity of the specific persons or entities noted in the
reports, data, or other information is removed from the
reports, data, or other information.''.
SEC. 10406. TRANSPORTATION WORK IDENTIFICATION CARD PILOT PROGRAM.
Section 70105(g) of title 46, United States Code, is amended by
striking ``shall concurrently'' and all that follows and inserting the
following: ``shall--
``(1) develop and, no later than 2 years after the date of
enactment of the Elijah E. Cummings Coast Guard Authorization
Act of 2020, implement a joint application for merchant
mariner's documents under chapter 73 and for a transportation
security card issued under this section; and
``(2) upon receipt of a joint application developed under
paragraph (1) concurrently process an application from an
individual for merchant mariner's documents under chapter 73
and an application from such individual for a transportation
security card under this section.''.
TITLE IV--MISCELLANEOUS
Subtitle A--Navigation and Shipping
SEC. 11101. COASTWISE TRADE.
(a) In General.--The Commandant shall review the adequacy of and
continuing need for provisions in title 46, Code of Federal
Regulations, that require a United States vessel documented under
chapter 121 of title 46, United States Code, possessing a coastwise
endorsement under that chapter, and engaged in coastwise trade, to
comply with regulations for vessels engaged in an international voyage.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall provide to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
briefing on the findings of the review required under subsection (a)
and a discussion of how existing laws and regulations could be amended
to ensure the safety of vessels described in subsection (a) while
infringing as little as possible on commerce.
SEC. 11102. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE.
(a) Definitions.--In this section--
(1) the term ``Boundary Line'' has the meaning given the
term in section 103 of title 46, United States Code;
(2) the term ``Officer in Charge, Marine Inspection'' has
the meaning given the term in section 3305(d)(4) of title 46,
United States Code; and
(3) the term ``Secretary'' means the Secretary of the
Department in which the Coast Guard is operating.
(b) Interim Exemption.--A towing vessel described in subsection (c)
and a response vessel included on a vessel response plan are exempt
from any additional requirements of subtitle II of title 46, United
States Code, and chapter I of title 33 and chapter I of title 46, Code
of Federal Regulations (as in effect on the date of the enactment of
this Act), that would result solely from such vessel operating outside
the Boundary Line, if--
(1) the vessel is--
(A) operating outside the Boundary Line solely to
perform regular harbor assist operations; or
(B) listed as a response vessel on a vessel
response plan and is operating outside the Boundary
Line solely to perform duties of a response vessel;
(2) the vessel is approved for operations outside the
Boundary Line by the Officer in Charge, Marine Inspection and
the Coast Guard Marine Safety Center; and
(3) the vessel has sufficient manning and lifesaving
equipment for all persons on board, in accordance with part 15
and section 141.225 of title 46, Code of Federal Regulations
(or any successor regulation).
(c) Applicability.--This section applies to a towing vessel--
(1) that is subject to inspection under chapter 33 of title
46, United States Code, and subchapter M of chapter I of title
46, Code of Federal Regulations (or any successor regulation);
(2) with only ``Lakes, Bays, and Sounds'' or ``Rivers''
routes recorded on such vessel's certificate of inspection
pursuant to section 136.230 of title 46, Code of Federal
Regulations (or any successor regulation);
(3) that, with respect to a vessel described in subsection
(b)(1)(A), is operating as a harbor assist vessel and regularly
engaged in harbor assist operations, including the docking,
undocking, mooring, unmooring, and escorting of vessels with
limited maneuverability; and
(4) that, with respect to a vessel that is described in
subsection (b)(1)(B), is listed--
(A) on a vessel response plan under part 155 of
title 33, Code of Federal Regulations, on the date of
approval of the vessel response plan; or
(B) by name or reference in the vessel response
plan's geographic-specific appendix on the date of
approval of the vessel response plan.
(d) Limitations.--A vessel exempted under subsection (b) is subject
to the following operating limitations:
(1) The voyage of a vessel described in subsection
(b)(1)(A) shall--
(A) be less than 12 hours in total duration;
(B) originate and end in the inspection zone of a
single Officer in Charge, Marine Inspection; and
(C) occur no further than 10 nautical miles from
the Boundary Line.
(2) The voyage of a vessel described in subsection
(b)(1)(B) shall--
(A) originate and end in the inspection zone of a
single Officer in Charge, Marine Inspection; and
(B) either--
(i) in the case of a voyage in the
territorial waters of Alaska, Guam, Hawaii,
American Samoa, and the Northern Mariana
Islands, have sufficient manning as determined
by the Secretary; or
(ii) be less than 12 hours.
(e) Safety.--
(1) Safety restrictions.--The Officer in Charge, Marine
Inspection for an inspection zone may restrict operations under
the interim exemption provided under subsection (b) for safety
purposes.
(2) Comprehensive lists.--The Officer in Charge, Marine
Inspection for an inspection zone shall maintain and
periodically update a comprehensive list of all towing vessels
described in subsection (c) that operate in the inspection
zone.
(3) Notification.--Not later than 24 hours prior to
intended operations outside of the Boundary Line, a towing
vessel exempted under subsection (b) shall notify the Office in
Charge, Marine Inspection for the inspection zone of such
operations. Such notification shall include--
(A) the date, time, and length of voyage;
(B) a crew list, with each crew member's
credentials and work hours; and
(C) an attestation from the master of the towing
vessel that the vessel has sufficient manning and
lifesaving equipment for all persons on board.
(f) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall brief
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives regarding the following:
(1) The impacts of the interim exemption provided under
this section.
(2) Any safety concerns regarding the expiration of such
interim exemption.
(3) Whether such interim exemption should be extended.
(g) Termination.--The interim exemption provided under subsection
(b) shall terminate on the date that is 2 years after the date of the
enactment of this Act.
SEC. 11103. SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY OF THE
UNITED STATES.
It is the sense of Congress that the maritime industry of the
United States contributes to the Nation's economic prosperity and
national security.
SEC. 11104. CARGO PREFERENCE STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct an audit regarding the enforcement of the United States Cargo
Preference Laws set forth in sections 55302, 55303, 55304, and 55305 of
title 46, United States Code, and section 2631 of title 10, United
States Code (hereinafter in this section referred to as the ``United
States Cargo Preference Laws'').
(b) Scope.--The audit conducted under subsection (a) shall include,
for the period from October 14, 2008, until the date of the enactment
of this Act--
(1) a listing of the agencies and organizations required to
comply with the United States Cargo Preference Laws;
(2) an analysis of the compliance or noncompliance of such
agencies and organizations with such laws, including--
(A) the total amount of oceangoing cargo that each
such agency, organization, or contractor procured for
its own account or for which financing was in any way
provided with Federal funds, including loan guarantees;
(B) the percentage of such cargo shipped on
privately owned commercial vessels of the United
States;
(C) an assessment of internal programs and controls
used by each such agency or organization to monitor and
ensure compliance with the United States Cargo
Preference Laws, to include education, training, and
supervision of its contracting personnel, and the
procedures and controls used to monitor compliance with
cargo preference requirements by contractors and
subcontractors; and
(D) instances in which cargoes are shipped on
foreign-flag vessels under non-availability
determinations but not counted as such for purposes of
calculating cargo preference compliance; and
(3) an overview of enforcement activities undertaken by the
Maritime Administration from October 14, 2008, until the date
of the enactment of this Act, including a listing of all bills
of lading collected by the Maritime Administration during that
period.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report detailing the results of the audit and providing recommendations
related to such results, to include--
(1) actions that should be taken by agencies and
organizations to fully comply with the United States Cargo
Preference Laws; and
(2) Other measures that may compel agencies and
organizations, and their contractors and subcontractors, to use
United States flag vessels in the international transportation
of ocean cargoes as mandated by the United States Cargo
Preference Laws.
SEC. 11105. TOWING VESSEL INSPECTION FEES.
Notwithstanding section 9701 of title 31, United States Code, and
section 2110 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may not charge an
inspection fee for towing vessels required to have a Certificate of
Inspection under subchapter M of title 46, Code of Federal Regulations,
until--
(1) the completion of the review required under section 815
of the Frank LoBiondo Coast Guard Authorization Act of 2018
(Public Law 115-282); and
(2) the promulgation of regulations to establish specific
inspection fees for such vessels.
Subtitle B--Maritime Domain Awareness
SEC. 11201. UNMANNED MARITIME SYSTEMS AND SATELLITE VESSEL TRACKING
TECHNOLOGIES.
(a) Assessment.--The Commandant, acting through the Blue Technology
Center of Expertise, shall regularly assess available unmanned maritime
systems and satellite vessel tracking technologies for potential use to
support missions of the Coast Guard.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and biennially thereafter, the
Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the actual and potential effects of the use
of then-existing unmanned maritime systems and satellite vessel
tracking technologies on the mission effectiveness of the Coast
Guard.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) An inventory of current unmanned maritime
systems used by the Coast Guard, an overview of such
usage, and a discussion of the mission effectiveness of
such systems, including any benefits realized or risks
or negative aspects of such usage.
(B) An inventory of satellite vessel tracking
technologies, and a discussion of the potential mission
effectiveness of such technologies, including any
benefits or risks or negative aspects of such usage.
(C) A prioritized list of Coast Guard mission
requirements that could be met with additional unmanned
maritime systems, or with satellite vessel tracking
technologies, and the estimated costs of accessing,
acquiring, or operating such systems, taking into
consideration the interoperability of such systems with
the current and future fleet of--
(i) National Security Cutters;
(ii) Fast Response Cutters;
(iii) Offshore Patrol Cutters;
(iv) Polar Security Cutters; and
(v) in-service legacy cutters, including
the 210- and 270-foot medium endurance cutters
and 225-foot Buoy Tenders.
(c) Definitions.--In this section:
(1) Unmanned maritime systems.--
(A) In general.--The term ``unmanned maritime
systems'' means--
(i) remotely operated or autonomous
vehicles produced by the commercial sector
designed to travel in the air, on or under the
ocean surface, on land, or any combination
thereof, and that function without an on-board
human presence; and
(ii) associated components of such
vehicles, including control and communications
systems, data transmission systems, and
processing systems.
(B) Examples.--Such term includes the following:
(i) Unmanned undersea vehicles.
(ii) Unmanned surface vehicles.
(iii) Unmanned aerial vehicles.
(iv) Autonomous underwater vehicles.
(v) Autonomous surface vehicles.
(vi) Autonomous aerial vehicles.
(2) Available unmanned maritime systems.--The term
``available unmanned maritime systems'' includes systems that
can be purchased commercially or are in use by the Department
of Defense or other Federal agencies.
(3) Satellite vessel tracking technologies.--The term
``satellite vessel tracking technologies'' means shipboard
broadcast systems that use satellites and terrestrial receivers
to continually track vessels.
SEC. 11202. UNMANNED AIRCRAFT SYSTEMS TESTING.
(a) Training Area.--The Commandant shall carry out and update, as
appropriate, a program for the use of one or more training areas to
facilitate the use of unmanned aircraft systems and small unmanned
aircraft to support missions of the Coast Guard.
(b) Designation of Area.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall, as part of the
program under subsection (a), designate an area for the
training, testing, and development of unmanned aircraft systems
and small unmanned aircraft.
(2) Considerations.--In designating a training area under
paragraph (1), the Commandant shall--
(A) ensure that such training area has or receives
all necessary Federal Aviation Administration flight
authorization; and
(B) take into consideration all of the following
attributes of the training area:
(i) Direct over-water maritime access from
the site.
(ii) The availability of existing Coast
Guard support facilities, including pier and
dock space.
(iii) Proximity to existing and available
offshore Warning Area airspace for test and
training.
(iv) Existing facilities and infrastructure
to support unmanned aircraft system-augmented,
and small unmanned aircraft-augmented,
training, evaluations, and exercises.
(v) Existing facilities with a proven track
record of supporting unmanned aircraft systems
and small unmanned aircraft systems flight
operations.
(c) Definitions.--In this section--
(1) the term ``existing'' means as of the date of enactment
of this Act; and
(2) the terms ``small unmanned aircraft'' and ``unmanned
aircraft system'' have the meanings given those terms in
section 44801 of title 49, United States Code.
SEC. 11203. LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF COAST GUARD.
(a) Funding for Certain Enhanced Capabilities.--Section 319 of
title 14, United States Code, is amended by adding at the end the
following new subsection:
``(c) Funding for Certain Enhanced Capabilities.--In each of fiscal
years 2020 and 2021, the Commandant may provide additional funding of
$5,000,000 for additional long-range maritime patrol aircraft, acquired
through full and open competition.''.
(b) Report on Use of Unmanned Aircraft Systems for Certain
Surveillance.--
(1) Report required.--Not later than March 31, 2021, the
Commandant, in coordination with the Administrator of the
Federal Aviation Administration on matters related to aviation
safety and civilian aviation and aerospace operations, shall
submit to the appropriate committees of Congress a report
setting forth an assessment of the feasibility and advisability
of using unmanned aircraft systems for surveillance of marine
protected areas, the transit zone, and the Arctic in order to--
(A) establish and maintain regular maritime domain
awareness of such areas;
(B) ensure appropriate response to illegal
activities in such areas; and
(C) collaborate with State, local, and tribal
authorities, and international partners, in
surveillance missions over their waters in such areas.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Homeland Security
of the House of Representatives.
SEC. 11204. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The Commandant
may not operate or enter into or renew a contract for the procurement
of--
(1) an unmanned aircraft system that--
(A) is manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country;
(B) uses flight controllers, radios, data
transmission devices, cameras, or gimbals manufactured
in a covered foreign country or by an entity domiciled
in a covered foreign country;
(C) uses a ground control system or operating
software developed in a covered foreign country or by
an entity domiciled in a covered foreign country; or
(D) uses network connectivity or data storage
located in or administered by an entity domiciled in a
covered foreign country; or
(2) a system manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country for the
detection or identification of unmanned aircraft systems.
(b) Exemption.--
(1) In general.--The Commandant is exempt from the
restriction under subsection (a) if--
(A) the operation or procurement is for the
purposes of--
(i) counter-UAS system surrogate testing
and training; or
(ii) intelligence, electronic warfare, and
information warfare operations, testing,
analysis, and training; or
(B) the Commandant receives a certification from
the Coast Guard unit requesting to operate or procure
an unmanned aircraft system otherwise restricted under
subsection (a), which shall include supporting
manufacturer information, that the unmanned aircraft
system does not--
(i) connect to the internet or an outside
telecommunications service;
(ii) connect to other devices or
electronics, except as necessary to perform the
mission; or
(iii) perform any missions in support of
classified information or that may threaten
national security.
(2) Expiration.--The authority under this subsection to
operate or procure an unmanned aircraft system otherwise
restricted under subsection (a) expires on the date that is 2
years after the date of the enactment of this Act.
(c) Waiver.--The Commandant may waive the restriction under
subsection (a) on a case by case basis by certifying in writing to the
Department of Homeland Security and the relevant committees of
jurisdiction that the operation or procurement is required in the
national interest of the United States.
(d) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means the People's Republic of China.
(2) Counter-UAS system.--The term ``counter-UAS system''
has the meaning given such term in section 44801 of title 49,
United States Code.
(3) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
SEC. 11205. UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY
MARITIME DOMAIN AWARENESS TESTING AND EVALUATION PROGRAM.
(a) Testing and Evaluation Program.--The Secretary of the
department in which the Coast Guard is operating, acting through the
Blue Technology Center of Expertise, shall carry out a testing and
evaluation program of United States commercial space-based radio
frequency geolocation and maritime domain awareness products and
services to support the mission objectives of maritime enforcement by
the Coast Guard and other components of the Coast Guard. The objectives
of this testing and evaluation program shall include--
(1) developing an understanding of how United States
commercial space-based radio frequency data products can meet
current and future mission requirements;
(2) establishing how United States commercial space-based
radio frequency data products should integrate into existing
work flows; and
(3) establishing how United States commercial space-based
radio frequency data products could be integrated into
analytics platforms.
(b) Report.--Not later than 240 days after the date of enactment of
this Act, such Secretary shall prepare and submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the results of the testing and evaluation program under
subsection (a), including recommendations on how the Coast Guard should
fully exploit United States commercial space-based radio frequency data
products to meet current and future mission requirements.
SEC. 11206. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS
DEVICES TO MARK FISHING EQUIPMENT.
(a) Definitions.--In this section--
(1) the term ``Automatic Identification System'' has the
meaning given the term in section 164.46(a) of title 33, Code
of Federal Regulations, or any successor regulation;
(2) the term ``Automatic Identification System device''
means a covered device that operates in radio frequencies
assigned to the Automatic Identification System;
(3) the term ``Commission'' means the Federal
Communications Commission; and
(4) the term ``covered device'' means a device used to mark
fishing equipment.
(b) Rulemaking Required.--Not later than 180 days after the date of
enactment of this Act, the Commission, in consultation with the
Commandant, the Secretary of State, and the Secretary of Commerce
(acting through the Administrator of National Telecommunications and
Information Administration), shall initiate a rulemaking proceeding to
consider whether to authorize covered devices to operate in radio
frequencies assigned to the Automatic Identification System.
(c) Considerations.--In conducting the rulemaking under subsection
(b), the Commission shall consider whether imposing requirements with
respect to the manner in which Automatic Identification System devices
are deployed and used would enable the authorization of covered devices
to operate in radio frequencies assigned to the Automatic
Identification System consistent with the core purpose of the Automatic
Identification System to prevent maritime accidents.
Subtitle C--Arctic
SEC. 11301. COAST GUARD ARCTIC PRIORITIZATION.
(a) Findings.--Congress makes the following findings:
(1) The strategic importance of the Arctic continues to
increase as the United States and other countries recognize the
military significance of the sea lanes and choke points within
the region and understand the potential for power projection
from the Arctic into multiple regions.
(2) Russia and China have conducted military exercises
together in the Arctic, have agreed to connect the Northern Sea
Route, claimed by Russia, with China's Maritime Silk Road, and
are working together in developing natural gas resources in the
Arctic.
(3) The economic significance of the Arctic continues to
grow as countries around the globe begin to understand the
potential for maritime transportation through, and economic and
trade development in, the region.
(4) Increases in human, maritime, and resource development
activity in the Arctic region may create additional mission
requirements for the Department of Defense and the Department
of Homeland Security.
(5) The increasing role of the United States in the Arctic
has been highlighted in each of the last four national defense
authorization acts.
(6) The United States Coast Guard Arctic Strategic Outlook
released in April 2019 states, ``Demonstrating commitment to
operational presence, Canada, Denmark, and Norway have made
strategic investments in ice-capable patrol ships charged with
national or homeland security missions. The United States is
the only Arctic State that has not made similar investments in
ice-capable surface maritime security assets. This limits the
ability of the Coast Guard, and the Nation, to credibly uphold
sovereignty or respond to contingencies in the Arctic.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic is a region of strategic importance to the
national security interests of the United States, and the Coast
Guard must better align its mission prioritization and
development of capabilities to meet the growing array of
challenges in the region;
(2) the increasing freedom of navigation and expansion of
activity in the Arctic must be met with an increasing show of
Coast Guard forces capable of exerting influence through
persistent presence;
(3) Congress fully supports the needed and important re-
capitalization of the fleet of cutters and aircraft of the
Coast Guard, but, the Coast Guard must avoid overextending
operational assets for remote international missions at the
cost of dedicated focus on this domestic area of responsibility
with significant international interest and activity; and
(4) although some progress has been made to increase
awareness of Arctic issues and to promote increased presence in
the region, additional measures are needed to protect vital
economic, environmental, and national security interests of the
United States, and to show the commitment of the United States
to this emerging strategic choke point of increasing great
power competition.
(c) Arctic Defined.--In this section, the term ``Arctic'' has the
meaning given that term in section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).
SEC. 11302. ARCTIC PARS NATIVE ENGAGEMENT.
The Commandant shall--
(1) engage directly with local coastal whaling and fishing
communities in the Arctic region when conducting the Alaskan
Arctic Coast Port Access Route Study, in accordance with
chapter 700 of title 46, United States Code, and as described
in the notice of study published in the Federal Register on
December 21, 2018 (83 Fed. Reg. 65701); and
(2) consider the concerns of the Arctic coastal community
regarding any Alaskan Arctic Coast Port Access Route, including
safety needs and concerns.
SEC. 11303. VOTING REQUIREMENT.
Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(i)(1)(G)(iv)) is
amended to read as follows:
``(iv) Voting requirement.--The panel may
act only by the affirmative vote of at least 5
of its members, except that any decision made
pursuant to the last sentence of subparagraph
(C) shall require the unanimous vote of all 6
members of the panel.''.
SEC. 11304. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED FORCES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall submit to the appropriate committees of
Congress a report setting forth the results of a study on the Arctic
capabilities of the Armed Forces. The Secretary shall enter into a
contract with an appropriate federally funded research and development
center for the conduct of the study.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A comparison of the capabilities of the United States,
the Russian Federation, the People's Republic of China, and
other countries operating in the Arctic, including an
assessment of the ability of the navy of each such country to
operate in varying sea-ice conditions.
(2) A description of commercial and foreign military
surface forces currently operating in the Arctic in conditions
inaccessible to Navy surface forces.
(3) An assessment of the potential security risk posed to
Coast Guard forces by military forces of other countries
operating in the Arctic in conditions inaccessible to Navy
surface or aviation forces in the manner such forces currently
operate.
(4) A comparison of the domain awareness capabilities of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in tandem with
Navy surface and aviation forces and the surface and
aviation forces of other allies.
(5) A comparison of the defensive capabilities of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in mutual defense
with Navy forces, other Armed Forces, and the military
forces of allies.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives.
SEC. 11305. REPORT ON ARCTIC SEARCH AND RESCUE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the search and rescue capabilities of the Coast Guard in
Arctic coastal communities.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) An identification of ways in which the Coast Guard can
more effectively partner with Arctic coastal communities to
respond to search and rescue incidents through training,
funding, and deployment of assets.
(2) An analysis of the costs of forward deploying on a
seasonal basis Coast Guard assets in support of such
communities for responses to such incidents.
SEC. 11306. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE.
(a) Purpose.--The purpose of this section is to establish a Federal
advisory committee to provide policy recommendations to the Secretary
of Transportation on positioning the United States to take advantage of
emerging opportunities for Arctic maritime transportation.
(b) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory Committee''
means the Arctic Shipping Federal Advisory Committee
established under subsection (c)(1).
(2) Arctic.--The term ``Arctic'' has the meaning given the
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
(3) Arctic sea routes.--The term ``Arctic Sea Routes''
means the international Northern Sea Route, the Transpolar Sea
Route, and the Northwest Passage.
(c) Establishment of the Arctic Shipping Federal Advisory
Committee.--
(1) Establishment of advisory committee.--
(A) In general.--The Secretary of Transportation,
in coordination with the Secretary of State, the
Secretary of Defense acting through the Secretary of
the Army and the Secretary of the Navy, the Secretary
of Commerce, and the Secretary of the Department in
which the Coast Guard is operating, shall establish an
Arctic Shipping Federal Advisory Committee in the
Department of Transportation to advise the Secretary of
Transportation and the Secretary of the Department in
which the Coast Guard is operating on matters related
to Arctic maritime transportation, including Arctic
seaway development.
(B) Meetings.--The Advisory Committee shall meet at
the call of the Chairperson, and at least once annually
in Alaska.
(2) Membership.--
(A) In general.--The Advisory Committee shall be
composed of 17 members as described in subparagraph
(B).
(B) Composition.--The members of the Advisory
Committee shall be--
(i) 1 individual appointed and designated
by the Secretary of Transportation to serve as
the Chairperson of the Advisory Committee;
(ii) 1 individual appointed and designated
by the Secretary of the Department in which the
Coast Guard is operating to serve as the Vice
Chairperson of the Advisory Committee;
(iii) 1 designee of the Secretary of
Commerce;
(iv) 1 designee of the Secretary of State;
(v) 1 designee of the Secretary of
Transportation;
(vi) 1 designee of the Secretary of
Defense;
(vii) 1 designee from the State of Alaska,
nominated by the Governor of Alaska and
designated by the Secretary of Transportation;
(viii) 1 designee from the State of
Washington, nominated by the Governor of
Washington and designated by the Secretary of
Transportation;
(ix) 3 Alaska Native Tribal members;
(x) 1 individual representing Alaska Native
subsistence co-management groups affected by
Arctic maritime transportation;
(xi) 1 individual representing coastal
communities affected by Arctic maritime
transportation;
(xii) 1 individual representing vessels of
the United States (as defined in section 116 of
title 46, United States Code) participating in
the shipping industry;
(xiii) 1 individual representing the marine
safety community;
(xiv) 1 individual representing the Arctic
business community; and
(xv) 1 individual representing maritime
labor organizations.
(C) Terms.--
(i) Limitations.--Each member of the
Advisory Committee described in clauses (vii)
through (xv) of subparagraph (B) shall serve
for a 2-year term and shall not be eligible for
more than 2 consecutive term reappointments.
(ii) Vacancies.--Any vacancy in the
membership of the Advisory Committee shall not
affect its responsibilities, but shall be
filled in the same manner as the original
appointment and in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.).
(3) Functions.--The Advisory Committee shall carry out all
of the following functions:
(A) Develop a set of policy recommendations that
would enhance the leadership role played by the United
States in improving the safety and reliability of
Arctic maritime transportation in accordance with
customary international maritime law and existing
Federal authority. Such policy recommendations shall
consider options to establish a United States entity
that could perform the following functions in
accordance with United States law and customary
international maritime law:
(i) Construction, operation, and
maintenance of current and future maritime
infrastructure necessary for vessels transiting
the Arctic Sea Routes, including potential new
deep draft and deepwater ports.
(ii) Provision of services that are not
widely commercially available in the United
States Arctic that would--
(I) improve Arctic maritime safety
and environmental protection;
(II) enhance Arctic maritime domain
awareness; and
(III) support navigation and
incident response for vessels
transiting the Arctic Sea Routes.
(iii) Establishment of rules of measurement
for vessels and cargo for the purposes of
levying voluntary rates of charges or fees for
services.
(B) As an option under subparagraph (A), consider
establishing a congressionally chartered seaway
development corporation modeled on the Saint Lawrence
Seaway Development Corporation, and--
(i) develop recommendations for
establishing such a corporation and a detailed
implementation plan for establishing such an
entity; or
(ii) if the Advisory Committee decides
against recommending the establishment of such
a corporation, provide a written explanation as
to the rationale for the decision and develop
an alternative, as practicable.
(C) Provide advice and recommendations, as
requested, to the Secretary of Transportation and the
Secretary of the Department in which the Coast Guard is
operating on Arctic marine transportation, including
seaway development, and consider national security
interests, where applicable, in such recommendations.
(D) In developing the advice and recommendations
under subparagraph (C), engage with and solicit
feedback from coastal communities, Alaska Native
subsistence co-management groups, and Alaska Native
tribes.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Advisory Committee shall submit a report
with its recommendations under subparagraphs (A) and (B) of subsection
(c)(3) to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives.
(e) Termination of the Advisory Committee.--Not later than 8 years
after the submission of the report described in subsection (d), the
Secretary of Transportation shall dissolve the Advisory Committee.
(f) International Engagement.--If a Special Representative for the
Arctic Region is appointed by the Secretary of State, the duties of
that Representative shall include--
(1) coordination of any activities recommended by the
implementation plan submitted by the Advisory Committee and
approved by the Secretary of Transportation; and
(2) facilitation of multilateral dialogues with member and
observer nations of the Arctic Council to encourage cooperation
on Arctic maritime transportation.
(g) Tribal Consultation.--In implementing any of the
recommendations provided under subsection (c)(3)(C), the Secretary of
Transportation shall consult with Alaska Native tribes.
Subtitle D--Other Matters
SEC. 11401. PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN.
(a) In General.--(1) The Commandant, in coordination with the
Administrator of the Federal Aviation Administration with regard to any
regulatory or safety matter regarding airspace, air space
authorization, or aviation, shall develop plans for a demonstration
program that will determine whether wing-in-ground craft, as such term
is defined in section 2101 of title 46, United States Code, that is
capable of carrying at least one individual, can--
(A) provide transportation in areas in which energy
exploration, development or production activity takes place on
the Outer Continental Shelf; and
(B) under the craft's own power, safely reach helidecks or
platforms located on offshore energy facilities.
(2) Requirements.--The plans required under paragraph (1) shall--
(A) examine and explain any safety issues with regard to
the operation of the such craft as a vessel, or as an aircraft,
or both;
(B) include a timeline and technical milestones for the
implementation of such a demonstration program;
(C) outline resource requirements needed to undertake such
a demonstration program;
(D) describe specific operational circumstances under which
the craft may be used, including distance from United States
land, altitude, number of individuals, amount of cargo, and
speed and weight of vessel;
(E) describe the operations under which Federal Aviation
Administration statutes, regulations, circulars, or orders
apply; and
(F) describe the certifications, permits, or authorizations
required to perform any operations.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Commandant, along with the Administrator of the
Federal Aviation Administration with regard to any regulatory or safety
matter regarding airspace, air space authorization, or aviation, shall
brief the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science and
Transportation of the Senate on the plan developed under subsection
(a), including--
(1) any regulatory changes needed regarding inspections and
manning, to allow such craft to operate between onshore
facilities and offshore energy facilities when such craft is
operating as a vessel;
(2) any regulatory changes that would be necessary to
address potential impacts to air traffic control, the National
Airspace System, and other aircraft operations, and to ensure
safe operations on or near helidecks and platforms located on
offshore energy facilities when such craft are operating as
aircraft; and
(3) any other statutory or regulatory changes related to
authority of the Federal Aviation Administration over
operations of the craft.
SEC. 11402. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING.
Notwithstanding any other provision of law, not later than 180 days
after the date of the enactment of this Act, the Secretary of the
department in which the Coast Guard is operating, in consultation with
the Administrator of the Environmental Protection Agency and the
Administrator of the Pipeline and Hazardous Materials Safety
Administration, shall update the Northern Michigan Area Contingency
Plan to include a worst-case discharge from a pipeline in adverse
weather conditions.
SEC. 11403. DOCUMENTATION OF LNG TANKERS.
Section 7(b) of the America's Cup Act of 2011 (Public Law 112-61)
is amended--
(1) in paragraph (3)--
(A) by striking ``of the vessel on the date of
enactment of this Act''; and
(B) by inserting before the period the following:
``, unless prior to any such sale the vessel has been
operated in a coastwise trade for not less than 1 year
after the date of enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020 and prior to sale
of vessel'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) Limitation on ownership.--The Secretary of the
department in which the Coast Guard is operating may only issue
a certificate of documentation with a coastwise endorsement to
a vessel designated in paragraph (1) if the owner of the vessel
is an individual or individuals who are citizens of the United
States, or is deemed to be such a citizen under section 50501
of title 46, United States Code.
``(3) Limitation on repair and modification.--
``(A) Requirement.--Any qualified work shall be
performed at a shipyard facility located in the United
States.
``(B) Exceptions.--The requirement in subparagraph
(A) does not apply to any qualified work--
``(i) for which the owner or operator
enters into a binding agreement no later than 1
year after the date of enactment of the Elijah
E. Cummings Coast Guard Authorization Act of
2020; or
``(ii) necessary for the safe towage of the
vessel from outside the United States to a
shipyard facility in the United States for
completion of the qualified work.
``(C) Definition.--In this paragraph, qualified
work means repair and modification necessary for the
issuance of a certificate of inspection issued as a
result of the waiver for which a coastwise endorsement
is issued under paragraph (1).''.
SEC. 11404. REPLACEMENT VESSEL.
Notwithstanding section 208(g)(5) of the American Fisheries Act
(Public Law 105-277; 16 U.S.C. 1851 note), a vessel eligible under
section 208(e)(21) of such Act that is replaced under section 208(g) of
such Act shall be subject to a sideboard restriction catch limit of
zero metric tons in the Bering Sea and Aleutian Islands and in the Gulf
of Alaska unless that vessel is also a replacement vessel under section
679.4(o)(4) of title 50, Code of Federal Regulations, in which case
such vessel shall not be eligible to be a catcher/processor under
section 206(b)(2) of such Act.
SEC. 11405. EDUCATIONAL VESSEL.
(a) In General.--Notwithstanding section 12112(a)(2) of title 46,
United States Code, the Secretary of the department in which the Coast
Guard is operating may issue a certificate of documentation with a
coastwise endorsement for the vessel Oliver Hazard Perry (IMO number
8775560; United States official number 1257224).
(b) Termination of Effectiveness of Endorsement.--The coastwise
endorsement authorized under subsection (a) for the vessel Oliver
Hazard Perry (IMO number 8775560; United States official number
1257224) shall expire on the first date on which any of the following
occurs:
(1) The vessel is sold to a person, including an entity,
that is not related by ownership or control to the person,
including an entity, that owned the vessel on the date of the
enactment of this Act.
(2) The vessel is rebuilt and not rebuilt in the United
States (as defined in section 12101(a) of title 46, United
States Code).
(3) The vessel is no longer operating in primary service as
a sailing school vessel.
SEC. 11406. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR
CERTAIN PURPOSES.
The Coalbank Slough in Coos Bay, Oregon, is deemed to not be
navigable waters of the United States for all purposes of subchapter J
of Chapter I of title 33, Code of Federal Regulations.
SEC. 11407. ANCHORAGES.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall suspend the establishment of new anchorage
grounds on the Hudson River between Yonkers, New York, and Kingston,
New York, under section 7 of the Rivers and Harbors Appropriations Act
of 1915 (33 U.S.C. 471) or chapter 700 of title 46, United States Code.
(b) Restriction.--The Commandant may not establish or expand any
anchorage grounds outside of the reach on the Hudson River described in
subsection (a) without first providing notice to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
not later than 180 days prior to the establishment or expansion of any
such anchorage grounds.
(c) Savings Clause.--Nothing in this section--
(1) prevents the master or pilot of a vessel operating on
the reach of the Hudson River described in subsection (a) from
taking emergency actions necessary to maintain the safety of
the vessel or to prevent the loss of life or property; or
(2) shall be construed as limiting the authority of the
Secretary of the department in which the Coast Guard is
operating to exercise authority over the movement of a vessel
under section 70002 of title 46, United States Code, or any
other applicable laws or regulations governing the safe
navigation of a vessel.
(d) Study.--The Commandant of the Coast Guard, in consultation with
the Hudson River Safety, Navigation, and Operations Committee, shall
conduct a study of the Hudson River north of Tarrytown, New York to
examine--
(1) the nature of vessel traffic including vessel types,
sizes, cargoes, and frequency of transits;
(2) the risks and benefits of historic practices for
commercial vessels anchoring; and
(3) the risks and benefits of establishing anchorage
grounds on the Hudson River.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the findings,
conclusions, and recommendations from the study required under
subsection (d).
SEC. 11408. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT
ON VERTICAL EVACUATION FOR TSUNAMIS AT COAST GUARD
STATIONS IN WASHINGTON AND OREGON.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that examines the potential use,
in the event of a Cascadia subduction zone event, of a vertical
evacuation of Coast Guard personnel stationed at United States
Coast Guard Station Grays Harbor and Sector Field Office Port
Angeles, Washington, and at United States Coast Guard Station
Yaquina Bay and United States Coast Guard Motor Lifeboat
Station Coos Bay, Oregon, and the dependents of such Coast
Guard personnel housed in Coast Guard housing.
(2) Elements.--The study required under paragraph (1) shall
analyze the following:
(A) The number of such personnel and dependents to
be evacuated.
(B) The resources available to conduct an
evacuation, and the feasibility of a successful
evacuation in a case in which inundation maps and
timelines are available.
(C) With the resources available, the amount of
time needed to evacuate such personnel and dependents.
(D) Any resource that is otherwise available within
a reasonable walking distance to the Coast Guard
facilities listed in paragraph (1).
(E) The benefit to the surrounding community of
such a vertical evacuation.
(F) The interoperability of the tsunami warning
system with the Coast Guard communication systems at
the Coast Guard facilities listed in paragraph (1).
(G) Current interagency coordination and
communication policies in place for emergency
responders to address a Cascadia subduction zone event.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report containing the findings, conclusions, and recommendations, if
any, from the study required under subsection (a).
SEC. 11409. AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL COAST
GUARD MUSEUM ASSOCIATION.
(a) In General.--Section 316 of title 14, United States Code, is
amended to read as follows:
``Sec. 316. National Coast Guard Museum
``(a) Establishment.--The Commandant may establish, accept,
operate, maintain and support the Museum, on lands which will be
federally owned and administered by the Coast Guard, and are located in
New London, Connecticut.
``(b) Use of Funds.--
``(1) The Secretary shall not expend any funds appropriated
to the Coast Guard on the construction of any museum
established under this section.
``(2) Subject to the availability of appropriations, the
Secretary may expend funds appropriated to the Coast Guard on
the engineering and design of a Museum.
``(3) The priority for the use of funds appropriated to the
Coast Guard shall be to preserve, protect, and display historic
Coast Guard artifacts, including the design, fabrication, and
installation of exhibits or displays in which such artifacts
are included.
``(4) To the maximum extent practicable, the Secretary
shall minimize the use of Federal funds for the construction of
the Museum.
``(c) Funding Plan.--Not later than 2 years after the date of the
enactment of the Elijah E. Cummings Coast Guard Authorization Act of
2020 and at least 90 days before the date on which the Commandant
accepts the Museum under subsection (f), the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a plan for constructing, operating, and maintaining
such Museum, including--
``(1) estimated planning, engineering, design,
construction, operation, and maintenance costs;
``(2) the extent to which appropriated, nonappropriated,
and non-Federal funds will be used for such purposes, including
the extent to which there is any shortfall in funding for
engineering, design, or construction;
``(3) an explanation of any environmental remediation
issues related to the land associated with the Museum; and
``(4) a certification by the Inspector General of the
department in which the Coast Guard is operating that the
estimates provided pursuant to paragraphs (1) and (2) are
reasonable and realistic.
``(d) Construction.--
``(1) The Association may construct the Museum described in
subsection (a).
``(2) The Museum shall be designed and constructed in
compliance with the International Building Code 2018, and
construction performed on Federal land under this section shall
be exempt from State and local requirements for building or
demolition permits.
``(e) Agreements.--Under such terms and conditions as the
Commandant considers appropriate, notwithstanding section 504, and
until the Commandant accepts the Museum under subsection (f), the
Commandant may--
``(1) license Federal land to the Association for the
purpose of constructing the Museum described in subsection (a);
and
``(2)(A) at a nominal charge, lease the Museum from the
Association for activities and operations related to the
Museum; and
``(B) authorize the Association to generate revenue
from the use of the Museum.
``(f) Acceptance.--Not earlier than 90 days after the Commandant
submits the plan under subsection (c), the Commandant shall accept the
Museum from the Association and all right, title, and interest in and
to the Museum shall vest in the United States when--
``(1) the Association demonstrates, in a manner acceptable
to the Commandant, that the Museum meets the design and
construction requirements of subsection (d); and
``(2) all financial obligations of the Association incident
to the National Coast Guard Museum have been satisfied.
``(g) Gifts.--
``(1) The Commandant may solicit from the Association and
accept funds and in-kind gifts from nonprofit entities,
including services related to activities for the construction
of the Museum.
``(2) Funds and in-kind gifts described in paragraph (1)
shall be--
``(A) accepted and administered consistent with
section 2601 of title 10; and
``(B) deposited in the Coast Guard General Gift
Fund.
``(3) The use of any funds and in-kind gifts described in
paragraph (1) shall be subject to the availability of
appropriations.
``(h) Authority.--The Commandant may not establish a Museum except
as set forth in this section.
``(i) Definitions.--In this section:
``(1) Museum.--The term `Museum' means the National Coast
Guard Museum.
``(2) Association.--The term `Association' means the
National Coast Guard Museum Association.''.
(b) Briefings.--Not later than March 1 of the fiscal year after the
fiscal year in which the report required under subsection (d) of
section 316 of title 14, United States Code, is provided, and not later
than March 1 of each year thereafter until 1 year after the year in
which the National Coast Guard Museum is accepted pursuant to
subsection (f) of such section, the Commandant shall brief the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on the following issues with respect to the Museum:
(1) The acceptance of gifts.
(2) Engineering.
(3) Design and project status.
(4) Land ownership.
(5) Environmental remediation.
(6) Operation and support issues.
(7) Plans.
SEC. 11410. FORMAL SEXUAL ASSAULT POLICIES FOR PASSENGER VESSELS.
(d) Maintenance and Placement of Video Surveillance Equipment.--
Section 3507(b)(1) of title 46, United States Code, is amended--
(1) by striking ``The owner'' and inserting the following:
``(A) In general.--The owner'';
(2) by striking ``, as determined by the Secretary''; and
(3) by adding at the end, the following:
``(B) Placement of video surveillance equipment.--
``(i) In general.--Not later than 18 months
after the date of the enactment of the Elijah
E. Cummings Coast Guard Authorization Act of
2020, the Commandant in consultation with other
relevant Federal agencies or entities as
determined by the Commandant, shall establish
guidance for performance of the risk assessment
described in paragraph (2) regarding the
appropriate placement of video surveillance
equipment in passenger and crew common areas
where there is no reasonable expectation of
privacy.
``(ii) Risk assessment.--Not later than 1
year after the Commandant establishes the
guidance described in paragraph (1), the owner
shall conduct the risk assessment required
under paragraph (1) and shall--
``(I) evaluate the placement of
video surveillance equipment to deter,
prevent, and record a sexual assault
aboard the vessel considering factors
such as: ship layout and design,
itinerary, crew complement, number of
passengers, passenger demographics, and
historical data on the type and
location of prior sexual assault
incident allegations;
``(II) incorporate to the maximum
extent practicable the video
surveillance guidance established by
the Commandant regarding the
appropriate placement of video
surveillance equipment;
``(III) arrange for the risk
assessment to be conducted by an
independent third party with expertise
in the use and placement of camera
surveillance to deter, prevent and
record criminal behavior; and
``(IV) the independent third party
referred to in paragraph (C) shall be a
company that has been accepted by a
classification society that is a member
of the International Association of
Classification Societies (hereinafter
referred to as `IACS') or another
classification society recognized by
the Secretary as meeting acceptable
standards for such a society pursuant
to section 3316(b).
``(C) Surveillance plan.--Not later than 180 days
after completion of the risk assessment conducted under
subparagraph (B)(ii), the owner of a vessel shall
develop a plan to install video surveillance equipment
in places determined to be appropriate in accordance
with the results of the risk assessment conducted under
subparagraph (B)(ii), except in areas where a person
has a reasonable expectation of privacy. Such plan
shall be evaluated and approved by an independent third
party with expertise in the use and placement of camera
surveillance to deter, prevent and record criminal
behavior that has been accepted as set forth in
paragraph (2)(D).
``(D) Installation.--The owner of a vessel to which
this section applies shall, consistent with the
surveillance plan approved under subparagraph (C),
install appropriate video surveillance equipment aboard
the vessel not later than 2 years after approval of the
plan, or during the next scheduled drydock, whichever
is later.
``(E) Attestation.--At the time of initial
installation under subparagraph (D), the vessel owner
shall obtain written attestations from--
``(i) an IACS classification society that
the video surveillance equipment is installed
in accordance with the surveillance plan
required under subparagraph (C); and
``(ii) the company security officer that
the surveillance equipment and associated
systems are operational, which attestation
shall be obtained each year thereafter.
``(F) Updates.--The vessel owner shall ensure the
risk assessment described in subparagraph (B)(ii) and
installation plan in subparagraph (C) are updated not
later than 5 years after the initial installation
conducted under subparagraph (D), and every 5 years
thereafter. The updated assessment and plan shall be
approved by an independent third party with expertise
in the use and placement of camera surveillance to
deter, prevent, and record criminal behavior that has
been accepted by an IACS classification society. The
vessel owner shall implement the updated installation
plan not later than 180 days after approval.
``(G) Availability.--Each risk assessment,
installation plan and attestation shall be protected
from disclosure under the Freedom of Information Act,
section 552 of title 5 but shall be available to the
Coast Guard--
``(i) upon request, and
``(ii) at the time of the certificate of
compliance or certificate of inspection
examination.
``(H) Definitions.--For purposes of this section a
`ship security officer' is an individual that, with the
master's approval, has full responsibility for vessel
security consistent with the International Ship and
Port Facility Security Code.''.
(e) Access to Video Records; Notice of Video Surveillance.--Section
3507(b), of title 46, United States Code, is further amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Notice of video surveillance.--The owner of a vessel
to which this section applies shall provide clear and
conspicuous signs on board the vessel notifying the public of
the presence of video surveillance equipment.'';
(3) in paragraph (3), as so redesignated--
(A) by striking ``The owner'' and inserting the
following:
``(A) Law enforcement.--The owner''; and
(B) by adding at the end the following:
``(B) Civil actions.--Except as proscribed by law
enforcement authorities or court order, the owner of a
vessel to which this section applies shall, upon
written request, provide to any individual or the
individual's legal representative a copy of all records
of video surveillance--
``(i) in which the individual is a subject
of the video surveillance; and
``(ii) that may provide evidence of any
sexual assault incident in a civil action.
``(C) Limited access.--The owner of a vessel to
which this section applies shall ensure that access to
records of video surveillance is limited to the
purposes described in this paragraph.''.
(f) Retention Requirements.--
(1) In general.--Section 3507(b), of title 46, United
States Code, is further amended by adding at the end the
following:
``(4) Retention requirements.--The owner of a vessel to
which this section applies shall retain all records of video
surveillance for not less than 20 days after the footage is
obtained. The vessel owner shall include a statement in the
security guide required by subsection (c)(1)(A) that the vessel
owner is required by law to retain video surveillance footage
for the period specified in this paragraph. If an incident
described in subsection (g)(3)(A)(i) is alleged and reported to
law enforcement, all records of video surveillance from the
voyage that the Federal Bureau of Investigation determines are
relevant shall--
``(A) be provided to the Federal Bureau of
Investigation; and
``(B) be preserved by the vessel owner for not less
than 4 years from the date of the alleged incident.''.
(2) Administrative provisions.--
(A) Study and report.--Each owner of a vessel to
which section 3507, of title 46, United States Code,
applies shall, not later than March 1, 2023, submit to
the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report detailing the total number of voyages for the
preceding year and the percentage of those voyages that
were 30 days or longer.
(B) Interim standards.--Not later than 180 days
after the date of enactment of this Act, the
Commandant, in consultation with the Federal Bureau of
Investigation, shall promulgate interim standards for
the retention of records of video surveillance.
(C) Final standards.--Not later than 1 year after
the date of enactment of this Act, the Commandant, in
consultation with the Federal Bureau of Investigation,
shall promulgate final standards for the retention of
records of video surveillance.
(D) Considerations.--In promulgating standards
under subparagraphs (B) and (B), the Commandant shall--
(i) consider factors that would aid in the
investigation of serious crimes, including the
results of the report by the Commandant
provided under subparagraph (A), as well as
crimes that go unreported until after the
completion of a voyage;
(ii) consider the different types of video
surveillance systems and storage requirements
in creating standards both for vessels
currently in operation and for vessels newly
built;
(iii) consider privacy, including standards
for permissible access to and monitoring and
use of the records of video surveillance; and
(iv) consider technological advancements,
including requirements to update technology.
SEC. 11411. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS.
Section 3306 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, including covered small passenger vessels
(as defined in subsection (n)(5))'' after ``vessels
subject to inspection''; and
(B) in paragraph (5), by inserting before the
period at the end ``, including rechargeable devices
utilized for personal or commercial electronic
equipment''; and
(2) by adding at the end the following:
``(n) Covered Small Passenger Vessels.--
``(1) Regulations.--The Secretary shall prescribe
additional regulations to secure the safety of individuals and
property on board covered small passenger vessels.
``(2) Comprehensive review.--In order to prescribe the
regulations under paragraph (1), the Secretary shall conduct a
comprehensive review of all requirements (including
calculations), in existence on the date of enactment of the
Elijah E. Cummings Coast Guard Authorization Act of 2020, that
apply to covered small passenger vessels, with respect to fire
detection, protection, and suppression systems, and avenues of
egress, on board such vessels.
``(3) Requirements.--
``(A) In general.--Subject to subparagraph (B), the
regulations prescribed under paragraph (1) shall
include, with respect to covered small passenger
vessels, regulations for--
``(i) marine firefighting training programs
to improve crewmember training and proficiency,
including emergency egress training for each
member of the crew, to occur for all members on
the crew--
``(I) at least monthly while such
members are employed on board the
vessel; and
``(II) each time a new crewmember
joins the crew of such vessel;
``(ii) in all areas on board the vessel
where passengers and crew have access,
including dining areas, sleeping quarters, and
lounges--
``(I) interconnected fire detection
equipment, including audible and visual
alarms; and
``(II) additional fire
extinguishers and other firefighting
equipment;
``(iii) the installation and use of
monitoring devices to ensure the wakefulness of
the required night watch;
``(iv) increased fire detection and
suppression systems (including additional fire
extinguishers) on board such vessels in
unmanned areas with machinery or areas with
other potential heat sources;
``(v) all general areas accessible to
passengers to have no less than 2 independent
avenues of escape that are--
``(I) constructed and arranged to
allow for free and unobstructed egress
from such areas;
``(II) located so that if one
avenue of escape is not available,
another avenue of escape is available;
and
``(III) not located directly above,
or dependent on, a berth;
``(vi) the handling, storage, and operation
of flammable items, such as rechargeable
batteries, including lithium ion batteries
utilized for commercial purposes on board such
vessels;
``(vii) passenger emergency egress drills
for all areas on the vessel to which passengers
have access, which shall occur prior to the
vessel beginning each excursion; and
``(viii) all passengers to be provided a
copy of the emergency egress plan for the
vessel.
``(B) Applicability to certain covered small
passenger vessels.--The requirements described in
clauses (iii), (v), (vii), and (viii) of subparagraph
(A) shall only apply to a covered small passenger
vessel that has overnight passenger accommodations.
``(4) Interim requirements.--
``(A) Interim requirements.--The Secretary shall,
prior to issuing final regulations under paragraph (1),
implement interim requirements to enforce the
requirements under paragraph (3).
``(B) Implementation.--The Secretary shall
implement the interim requirements under subparagraph
(A) without regard to chapters 5 and 6 of title 5 and
Executive Order Nos. 12866 and 13563 (5 U.S.C. 601
note; relating to regulatory planning and review and
relating to improving regulation and regulatory
review).
``(5) Definition of covered small passenger vessel.--In
this subsection, the term `covered small passenger vessel'--
``(A) except as provided in subparagraph (B), means
a small passenger vessel (as defined in section 2101)
that--
``(i) has overnight passenger
accommodations; or
``(ii) is operating on a coastwise or
oceans route; and
``(B) does not include a ferry (as defined in
section 2101) or fishing vessel (as defined in section
2101).''.
TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 12001. TRANSFERS.
(a) In General.--
(1) Section 215 of the Coast Guard and Maritime
Transportation Act of 2004 (Public Law 108-293; 14 U.S.C. 504
note) is redesignated as section 322 of title 14, United States
Code, transferred to appear after section 321 of such title (as
added by this division), and amended so that the enumerator,
section heading, typeface, and typestyle conform to those
appearing in other sections in title 14, United States Code.
(2) Section 406 of the Maritime Transportation Security Act
of 2002 (Public Law 107-295; 14 U.S.C. 501 note) is
redesignated as section 720 of title 14, United States Code,
transferred to appear after section 719 of such title (as added
by this division), and amended so that the enumerator, section
heading, typeface, and typestyle conform to those appearing in
other sections in title 14, United States Code.
(3) Section 1110 of title 14, United States Code, is
redesignated as section 5110 of such title and transferred to
appear after section 5109 of such title (as added by this
division).
(4) Section 401 of the Coast Guard Authorization Act of
2010 (Public Law 111-281) is amended by striking subsection
(e).
(5) Subchapter I of chapter 11 of title 14, United States
Code, as amended by this division, is amended by inserting
after section 1109 the following:
``Sec. 1110. Elevation of disputes to the Chief Acquisition Officer
``If, after 90 days following the elevation to the Chief
Acquisition Officer of any design or other dispute regarding level 1 or
level 2 acquisition, the dispute remains unresolved, the Commandant
shall provide to the appropriate congressional committees a detailed
description of the issue and the rationale underlying the decision
taken by the Chief Acquisition Officer to resolve the issue.''.
(6) Section 7 of the Rivers and Harbors Appropriations Act
of 1915 (33 U.S.C. 471) is amended--
(A) by transferring such section to appear after
section 70005 of title 46, United States Code;
(B) by striking ``Sec. 7.'' and inserting
``Sec. 70006. Establishment by Secretary of the
department in which the Coast Guard is operating of
anchorage grounds and regulations generally''; and
(C) by adjusting the margins with respect to
subsections (a) and (b) for the presence of a section
heading accordingly.
(7) Section 217 of the Coast Guard Authorization Act of
2010 (Public Law 111-281; 14 U.S.C. 504 note)--
(A) is redesignated as section 5112 of title 14,
United States Code, transferred to appear after section
5111 of such title (as added by this division), and
amended so that the enumerator, section heading,
typeface, and typestyle conform to those appearing in
other sections in title 14, United States Code; and
(B) is amended--
(i) by striking the heading and inserting
the following:
``Sec. 5112. Sexual assault and sexual harassment in the Coast Guard'';
and
(ii) in subsection (b), by adding at the
end the following:
``(5)(A) The number of instances in which a covered
individual was accused of misconduct or crimes considered
collateral to the investigation of a sexual assault committed
against the individual.
``(B) The number of instances in which adverse action was
taken against a covered individual who was accused of
collateral misconduct or crimes as described in subparagraph
(A).
``(C) The percentage of investigations of sexual assaults
that involved an accusation or adverse action against a covered
individual as described in subparagraphs (A) and (B).
``(D) In this paragraph, the term `covered individual'
means an individual who is identified as a victim of a sexual
assault in the case files of a military criminal investigative
organization.''.
(b) Clerical Amendments.--
(1) The analysis for chapter 3 of title 14, United States
Code, as amended by this division, is further amended by adding
at the end the following:
``322. Redistricting notification requirement.''.
(2) The analysis for chapter 7 of title 14, United States
Code, as amended by this division, is further amended by adding
at the end the following:
``720. VHF communication services.''.
(3) The analysis for chapter 11 of title 14, United States
Code, is amended by striking the item relating to section 1110
and inserting the following:
``1110. Elevation of disputes to the Chief Acquisition Officer.''.
(4) The analysis for chapter 51 of title 14, United States
Code, as amended by this division, is further amended by adding
at the end the following:
``5110. Mission need statement.
``5111. Report on diversity at Coast Guard Academy.
``5112. Sexual assault and sexual harassment in the Coast Guard.''.
(5) The analysis for chapter 700 of title 46, United States
Code, is further amended by inserting after the item relating
to section 70005 the following:
``70006. Establishment by the Secretary of the department in which the
Coast Guard is operating of anchorage
grounds and regulations generally.''.
SEC. 12002. ADDITIONAL TRANSFERS.
(a) Section 204 of the Marine Transportation Security Act.--
(1) The Maritime Transportation Security Act of 2002 is
amended by striking section 204 (33 U.S.C. 1902a).
(2) Section 3 of the Act to Prevent Pollution from Ships
(33 U.S.C. 1902)--
(A) is amended by redesignating subsections (e)
through (i) as subsections (f) through (j)
respectively; and
(B) by inserting after subsection (d) the
following:
``(e) Discharge of Agricultural Cargo Residue.--Notwithstanding any
other provision of law, the discharge from a vessel of any agricultural
cargo residue material in the form of hold washings shall be governed
exclusively by the provisions of this Act that implement Annex V to the
International Convention for the Prevention of Pollution from Ships.''.
(b) LNG Tankers.--
(1) The Coast Guard and Maritime Transportation Act of 2006
is amended by striking section 304 (Public Law 109-241; 120
Stat. 527).
(2) Section 5 of the Deepwater Port Act of 1974 (33 U.S.C.
1504) is amended by adding at the end the following:
``(j) LNG Tankers.--
``(1) Program.--The Secretary of Transportation shall
develop and implement a program to promote the transportation
of liquefied natural gas to and from the United States on
United States flag vessels.
``(2) Information to be provided.--When the Coast Guard is
operating as a contributing agency in the Federal Energy
Regulatory Commission's shoreside licensing process for a
liquefied natural gas or liquefied petroleum gas terminal
located on shore or within State seaward boundaries, the Coast
Guard shall provide to the Commission the information described
in section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33
U.S.C. 1504(c)(2)(K)) with respect to vessels reasonably
anticipated to be servicing that port.''.
SEC. 12003. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS.
(a) Service Under Licenses Issued Without Examination.--
(1) Repeal.--Section 8303 of title 46, United States Code,
and the item relating to that section in the analysis for
chapter 83 of that title, are repealed.
(2) Conforming amendment.--Section 14305(a)(10) of title
46, United States Code, is amended by striking ``sections 8303
and 8304'' and inserting ``section 8304''.
(b) Standards for Tank Vessels of the United States.--Section 9102
of title 46, United States Code, is amended--
(1) by striking ``(a)'' before the first sentence; and
(2) by striking subsection (b).
SEC. 12004. MARITIME TRANSPORTATION SYSTEM.
(a) Maritime Transportation System.--Section 312(b)(4) of title 14,
United States Code, is amended by striking ``marine transportation
system'' and inserting ``maritime transportation system''.
(b) Clarification of Reference to Marine Transportation System
Programs.--Section 50307(a) of title 46, United States Code, is amended
by striking ``marine transportation'' and inserting ``maritime
transportation''.
SEC. 12005. REFERENCES TO ``PERSONS'' AND ``SEAMEN''.
(a) Technical Correction of References to ``Persons''.--Title 14,
United States Code, is amended as follows:
(1) In section 312(d), by striking ``persons'' and
inserting ``individuals''.
(2) In section 313(d)(2)(B), by striking ``person'' and
inserting ``individual''.
(3) In section 504--
(A) in subsection (a)(19)(B), by striking ``a
person'' and inserting ``an individual''; and
(B) in subsection (c)(4), by striking ``seamen;''
and inserting ``mariners;''.
(4) In section 521, by striking ``persons'' each place it
appears and inserting ``individuals''.
(5) In section 522--
(A) by striking ``a person'' and inserting ``an
individual''; and
(B) by striking ``person'' the second and third
place it appears and inserting ``individual''.
(6) In section 525(a)(1)(C)(ii), by striking ``person'' and
inserting ``individual''.
(7) In section 526--
(A) by striking ``person'' each place it appears
and inserting ``individual'';
(B) by striking ``persons'' each place it appears
and inserting ``individuals''; and
(C) in subsection (b), by striking ``person's'' and
inserting ``individual's''.
(8) In section 709--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``person'' and inserting
``individual''.
(9) In section 933(b), by striking ``Every person'' and
inserting ``An individual''.
(10) In section 1102(d), by striking ``persons'' and
inserting ``individuals''.
(11) In section 1902(b)(3)--
(A) in subparagraph (A), by striking ``person or
persons'' and inserting ``individual or individuals'';
and
(B) in subparagraph (B), by striking ``person'' and
inserting ``individual''.
(12) In section 1941(b), by striking ``persons'' and
inserting ``individuals''.
(13) In section 2101(b), by striking ``person'' and
inserting ``individual''.
(14) In section 2102(c), by striking ``A person'' and
inserting ``An individual''.
(15) In section 2104(b)--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``A person'' and inserting ``An
individual''.
(16) In section 2118(d), by striking ``person'' and
inserting ``individual who is''.
(17) In section 2147(d), by striking ``a person'' and
inserting ``an individual''.
(18) In section 2150(f), by striking ``person'' and
inserting ``individual who is''.
(19) In section 2161(b), by striking ``person'' and
inserting ``individual''.
(20) In section 2317--
(A) by striking ``persons'' and inserting
``individuals'';
(B) by striking ``person'' each place it appears
and inserting ``individual''; and
(C) in subsection (c)(2), by striking ``person's''
and inserting ``individual's''.
(21) In section 2531--
(A) by striking ``person'' each place it appears
and inserting ``individual''; and
(B) by striking ``persons'' each place it appears
and inserting ``individuals''.
(22) In section 2709, by striking ``persons'' and inserting
``individuals''.
(23) In section 2710--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``person'' each place it appears
and inserting ``individual''.
(24) In section 2711(b), by striking ``person'' and
inserting ``individual''.
(25) In section 2732, by striking ``a person'' and
inserting ``an individual''.
(26) In section 2733--
(A) by striking ``A person'' and inserting ``An
individual''; and
(B) by striking ``that person'' and inserting
``that individual''.
(27) In section 2734, by striking ``person'' each place it
appears and inserting ``individual''.
(28) In section 2735, by striking ``a person'' and
inserting ``an individual''.
(29) In section 2736, by striking ``person'' and inserting
``individual''.
(30) In section 2737, by striking ``a person'' and
inserting ``an individual''.
(31) In section 2738, by striking ``person'' and inserting
``individual''.
(32) In section 2739, by striking ``person'' and inserting
``individual''.
(33) In section 2740--
(A) by striking ``person'' and inserting
``individual''; and
(B) by striking ``one'' the second place it
appears.
(34) In section 2741--
(A) in subsection (a), by striking ``a person'' and
inserting ``an individual'';
(B) in subsection (b)(1), by striking ``person's''
and inserting ``individual's''; and
(C) in subsection (b)(2), by striking ``person''
and inserting ``individual''.
(35) In section 2743, by striking ``person'' each place it
appears and inserting ``individual''.
(36) In section 2744--
(A) in subsection (b), by striking ``a person'' and
inserting ``an individual''; and
(B) in subsections (a) and (c), by striking
``person'' each place it appears and inserting
``individual''.
(37) In section 2745, by striking ``person'' and inserting
``individual''.
(38)(A) In section 2761--
(i) in the section heading, by striking ``Persons''
and inserting ``Individuals'';
(ii) by striking ``persons'' and inserting
``individuals''; and
(iii) by striking ``person'' and inserting
``individual''.
(B) In the analysis for chapter 27, by striking the item
relating to section 2761 and inserting the following:
``2761. Individuals discharged as result of court-martial; allowances
to.''.
(39)(A) In the heading for section 2767, by striking
``persons'' and inserting ``individuals''.
(B) In the analysis for chapter 27, by striking the item
relating to section 2767 and inserting the following:
``2767. Reimbursement for medical-related travel expenses for certain
individuals residing on islands in the
continental United States.''.
(40) In section 2769--
(A) by striking ``a person's'' and inserting ``an
individual's''; and
(B) in paragraph (1), by striking ``person'' and
inserting ``individual''.
(41) In section 2772(a)(2), by striking ``person'' and
inserting ``individual''.
(42) In section 2773--
(A) in subsection (b), by striking ``persons'' each
place it appears and inserting ``individuals''; and
(B) in subsection (d), by striking ``a person'' and
inserting ``an individual''.
(43) In section 2775, by striking ``person'' each place it
appears and inserting ``individual''.
(44) In section 2776, by striking ``person'' and inserting
``individual''.
(45)(A) In section 2777--
(i) in the heading, by striking ``persons'' and
inserting ``individuals''; and
(ii) by striking ``persons'' each place it appears
and inserting ``individuals''.
(B) In the analysis for chapter 27, by striking the item
relating to section 2777 and inserting the following:
``2777. Clothing for destitute shipwrecked individuals.''.
(46) In section 2779, by striking ``persons'' each place it
appears and inserting ``individuals''.
(47) In section 2902(c), by striking ``person'' and
inserting ``individual''.
(48) In section 2903(b), by striking ``person'' and
inserting ``individual''.
(49) In section 2904(b)(1)(B), by striking ``a person'' and
inserting ``an individual''.
(50) In section 3706--
(A) by striking ``a person'' and inserting ``an
individual''; and
(B) by striking ``person's'' and inserting
``individual's''.
(51) In section 3707--
(A) in subsection (c)--
(i) by striking ``person'' and inserting
``individual''; and
(ii) by striking ``person's'' and inserting
``individual's''; and
(B) in subsection (e), by striking ``a person'' and
inserting ``an individual''.
(52) In section 3708, by striking ``person'' each place it
appears and inserting ``individual''.
(53) In section 3738--
(A) by striking ``a person'' each place it appears
and inserting ``an individual'';
(B) by striking ``person's'' and inserting
``individual's''; and
(C) by striking ``A person'' and inserting ``An
individual''.
(b) Correction of References to Persons and Seamen.--
(1) Section 2303a(a) of title 46, United States Code, is
amended by striking ``persons'' and inserting ``individuals''.
(2) Section 2306(a)(3) of title 46, United States Code, is
amended to read as follows:
``(3) An owner, charterer, managing operator, or agent of a vessel
of the United States notifying the Coast Guard under paragraph (1) or
(2) shall--
``(A) provide the name and identification number of the
vessel, the names of individuals on board, and other
information that may be requested by the Coast Guard; and
``(B) submit written confirmation to the Coast Guard within
24 hours after nonwritten notification to the Coast Guard under
such paragraphs.''.
(3) Section 7303 of title 46, United States Code, is
amended by striking ``seaman'' each place it appears and
inserting ``individual''.
(4) Section 7319 of title 46, United States Code, is
amended by striking ``seaman'' each place it appears and
inserting ``individual''.
(5) Section 7501(b) of title 46, United States Code, is
amended by striking ``seaman'' and inserting ``holder''.
(6) Section 7508(b) of title 46, United States Code, is
amended by striking ``individual seamen or a specifically
identified group of seamen'' and inserting ``an individual or a
specifically identified group of individuals''.
(7) Section 7510 of title 46, United States Code, is
amended--
(A) in subsection (c)(8)(B), by striking ``merchant
seamen'' and inserting ``merchant mariner''; and
(B) in subsection (d), by striking ``merchant
seaman'' and inserting ``merchant mariner''.
(8) Section 8103(k)(3)(C) of title 46, United States Code,
is amended by striking ``merchant mariners'' each place it
appears and inserting ``merchant mariner's''.
(9) Section 8104 of title 46, United States Code, is
amended--
(A) in subsection (c), by striking ``a licensed
individual or seaman'' and inserting ``an individual'';
(B) in subsection (d), by striking ``A licensed
individual or seaman'' and inserting ``An individual'';
(C) in subsection (e), by striking ``a seaman''
each place it appears and inserting ``an individual'';
and
(D) in subsection (j), by striking ``seaman'' and
inserting ``individual''.
(10) Section 8302(d) of title 46, United States Code, is
amended by striking ``3 persons'' and inserting ``3
individuals''.
(11) Section 11201 of title 46, United States Code, is
amended by striking ``a person'' each place it appears and
inserting ``an individual''.
(12) Section 11202 of title 46, United States Code, is
amended--
(A) by striking ``a person'' and inserting ``an
individual''; and
(B) by striking ``the person'' each place it
appears and inserting ``the individual''.
(13) Section 11203 of title 46, United States Code, is
amended--
(A) by striking ``a person'' each place it appears
and inserting ``an individual''; and
(B) in subsection (a)(2), by striking ``that
person'' and inserting ``that individual''.
(14) Section 15109(i)(2) of title 46, United States Code,
is amended by striking ``additional persons'' and inserting
``additional individuals''.
SEC. 12006. REFERENCES TO ``HIMSELF'' AND ``HIS''.
(a) Section 1927 of title 14, United States Code, is amended by--
(1) striking ``of his initial'' and inserting ``of an
initial''; and
(2) striking ``from his pay'' and inserting ``from the pay
of such cadet''.
(b) Section 2108(b) of title 14, United States Code, is amended by
striking ``himself'' and inserting ``such officer''.
(c) Section 2732 of title 14, United States Code, as amended by
this division, is further amended--
(1) by striking ``distinguishes himself conspicuously by''
and inserting ``displays conspicuous''; and
(2) by striking ``his'' and inserting ``such
individual's''.
(d) Section 2736 of title 14, United States Code, as amended by
this division, is further amended by striking ``distinguishes himself
by'' and inserting ``performs''.
(e) Section 2738 of title 14, United States Code, as amended by
this division, is further amended by striking ``distinguishes himself
by'' and inserting ``displays''.
(f) Section 2739 of title 14, United States Code, as amended by
this division, is further amended by striking ``distinguishes himself
by'' and inserting ``displays''.
(g) Section 2742 of title 14, United States Code, is amended by
striking ``he distinguished himself'' and inserting ``of the acts
resulting in the consideration of such award''.
(h) Section 2743 of title 14, United States Code, as amended by
this division, is further amended--
(1) by striking ``distinguishes himself''; and
(2) by striking ``he'' and inserting ``such individual''.
SEC. 12007. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Miscellaneous Technical Corrections.--
(1) Section 3305(d)(3)(B) of title 46, United States Code,
is amended by striking ``Coast Guard Authorization Act of
2017'' and inserting ``Frank LoBiondo Coast Guard Authorization
Act of 2018''.
(2) Section 4312 of title 46, United States Code, is
amended by striking ``Coast Guard Authorization Act of 2017''
each place it appears and inserting ``Frank LoBiondo Coast
Guard Authorization Act of 2018 (Public Law 115-282)''.
(3) The analysis for chapter 700 of title 46, United States
Code, is amended--
(A) by striking the item relating to the heading
for the first subchapter and inserting the following:
``subchapter i--vessel operations'';
(B) by striking the item relating to the heading
for the second subchapter and inserting the following:
``subchapter ii--ports and waterways safety'';
(C) by striking the item relating to the heading
for the third subchapter and the item relating to
section 70021 of such chapter and inserting the
following:
``subchapter iii--conditions for entry into ports in the united states
``70021. Conditions for entry into ports in the United States.'';
(D) by striking the item relating to the heading
for the fourth subchapter and inserting the following:
``subchapter iv--definitions regulations, enforcement, investigatory
powers, applicability'';
(E) by striking the item relating to the heading
for the fifth subchapter and inserting the following:
``subchapter v--regattas and marine parades'';
and
(F) by striking the item relating to the heading
for the sixth subchapter and inserting the following:
``subchapter vi--regulation of vessels in territorial waters of the
united states''.
(4) Section 70031 of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I through
III''.
(5) Section 70032 of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I through
III''.
(6) Section 70033 of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I through
III''.
(7) Section 70034 of title 46, United States Code, is
amended by striking ``A through C'' each place it appears and
inserting ``I through III''.
(8) Section 70035(a) of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I through
III''.
(9) Section 70036 of title 46, United States Code, is
amended by--
(A) striking ``A through C'' each place it appears
and inserting ``I through III''; and
(B) striking ``A, B, or C'' each place it appears
and inserting ``I, II, or III''.
(10) Section 70051 of title 46, United States Code, is
amended--
(A) by striking ``immediate Federal response,'' and
all that follows through ``subject to the approval''
and inserting ``immediate Federal response, the
Secretary of the department in which the Coast Guard is
operating may make, subject to the approval''; and
(B) by striking ``authority to issue such rules''
and all that follows through ``Any appropriation'' and
inserting ``authority to issue such rules and
regulations to the Secretary of the department in which
the Coast Guard is operating. Any appropriation''.
(11) Section 70052(e) of title 46, United States Code, is
amended by striking ``Secretary'' and inserting ``Secretary of
the department in which the Coast Guard is operating'' each
place it appears.
(b) Alteration of Bridges; Technical Changes.--The Act of June 21,
1940 (33 U.S.C. 511 et seq.), popularly known as the Truman-Hobbs Act,
is amended by striking section 12 (33 U.S.C. 522).
(c) Report of Determination; Technical Correction.--Section
105(f)(2) of the Pribilof Islands Transition Act (16 U.S.C. 1161 note;
Public Law 106-562) is amended by striking ``subsection (a),'' and
inserting ``paragraph (1),''.
(d) Technical Corrections to Frank LoBiondo Coast Guard
Authorization Act of 2018.--
(1) Section 408 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) and the item
relating to such section in section 2 of such Act are repealed,
and the provisions of law redesignated, transferred, or
otherwise amended by section 408 are amended to read as if such
section were not enacted.
(2) Section 514(b) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``Chapter 30'' and inserting ``Chapter 3''.
(3) Section 810(d) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``within 30 days after receiving the notice under
subsection (a)(1), the Secretary shall, by not later than 60
days after transmitting such notice,'' and inserting ``in
accordance within subsection (a)(2), the Secretary shall''.
(4) Section 820(a) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``years 2018 and'' and inserting ``year''.
(5) Section 820(b)(2) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
inserting ``and the Consolidated Appropriations Act, 2018
(Public Law 115-141)'' after ``(Public Law 115-31)''.
(6) Section 821(a)(2) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``Coast Guard Authorization Act of 2017'' and
inserting ``Frank LoBiondo Coast Guard Authorization Act of
2018''.
(7) This section shall take effect on the date of the
enactment of the Frank LoBiondo Coast Guard Authorization Act
of 2018 (Public Law 115-282) and apply as if included therein.
(e) Technical Correction.--Section 533(d)(2)(A) of the Coast Guard
Authorization Act of 2016 (Public Law 114-120) is amended by striking
``Tract 6'' and inserting ``such Tract''.
(f) Distant Water Tuna Fleet; Technical Corrections.--Section 421
of the Coast Guard and Maritime Transportation Act of 2006 (Public Law
109-241) is amended--
(1) in subsection (a)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding''; and
(B) by adding at the end the following:
``(2) Definition.--In this subsection, the term `treaty
area' has the meaning given the term in the Treaty on Fisheries
Between the Governments of Certain Pacific Island States and
the Government of the United States of America as in effect on
the date of the enactment of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241).''; and
(2) in subsection (c)--
(A) by striking ``12.6 or 12.7'' and inserting
``13.6''; and
(B) by striking ``and Maritime Transportation Act
of 2012'' and inserting ``Authorization Act of 2020''.
SEC. 12008. TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF PORTS AND
WATERWAYS SAFETY ACT.
Effective upon the enactment of section 401 of the Frank LoBiondo
Coast Guard Authorization Act of 2018 (Public Law 115-282), and
notwithstanding section 402(e) of such Act--
(1) section 16 of the Ports and Waterways Safety Act, as
added by section 315 of the Countering America's Adversaries
Through Sanctions Act (Public Law 115-44; 131 Stat. 947)--
(A) is redesignated as section 70022 of title 46,
United States Code, transferred to appear after section
70021 of that title, and amended so that the
enumerator, section heading, typeface, and typestyle
conform to those appearing in other sections in title
46, United States Code; and
(B) as so redesignated and transferred, is
amended--
(i) in subsections (b) and (e), by striking
``section 4(a)(5)'' each place it appears and
inserting ``section 70001(a)(5)'';
(ii) in subsection (c)(2), by striking
``not later than'' and all that follows through
``thereafter,'' and inserting ``periodically'';
and
(iii) by striking subsection (h); and
(2) chapter 700 of title 46, United States Code, is
amended--
(A) in section 70002(2), by inserting ``or 70022''
after ``section 70021'';
(B) in section 70036(e), by inserting ``or 70022''
after ``section 70021''; and
(C) in the analysis for such chapter--
(i) by inserting ``Sec.'' above the section
items, in accordance with the style and form of
such an entry in other chapter analyses of such
title; and
(ii) by adding at the end the following:
``70022. Prohibition on entry and operation.''.
SEC. 12009. AIDS TO NAVIGATION.
(a) Section 541 of title 14, United States Code, is amended--
(1) by striking ``In'' and inserting ``(a) In''; and
(2) by adding at the end the following:
``(b) In the case of pierhead beacons, the Commandant may--
``(1) acquire, by donation or purchase in behalf of the
United States, the right to use and occupy sites for pierhead
beacons; and
``(2) properly mark all pierheads belonging to the United
States situated on the northern and northwestern lakes,
whenever the Commandant is duly notified by the department
charged with the construction or repair of pierheads that the
construction or repair of any such pierheads has been
completed.''.
(b) Subchapter III of chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 548. Prohibition against officers and employees being interested
in contracts for materials
``No officer, enlisted member, or civilian member of the Coast
Guard in any manner connected with the construction, operation, or
maintenance of lighthouses, shall be interested, either directly or
indirectly, in any contract for labor, materials, or supplies for the
construction, operation, or maintenance of lighthouses, or in any
patent, plan, or mode of construction or illumination, or in any
article of supply for the construction, operation, or maintenance of
lighthouses.
``Sec. 549. Lighthouse and other sites; necessity and sufficiency of
cession by State of jurisdiction
``(a) No lighthouse, beacon, public pier, or landmark, shall be
built or erected on any site until cession of jurisdiction over the
same has been made to the United States.
``(b) For the purposes of subsection (a), a cession by a State of
jurisdiction over a place selected as the site of a lighthouse, or
other structure or work referred to in subsection (a), shall be deemed
sufficient if the cession contains a reservation that process issued
under authority of such State may continue to be served within such
place.
``(c) If no reservation of service described in subsection (b) is
contained in a cession, all process may be served and executed within
the place ceded, in the same manner as if no cession had been made.
``Sec. 550. Marking pierheads in certain lakes
``The Commandant of the Coast Guard shall properly mark all
pierheads belonging to the United States situated on the northern and
northwestern lakes, whenever he is duly notified by the department
charged with the construction or repair of pierheads that the
construction or repair of any such pierhead has been completed.''.
(c) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, is amended by inserting after the item relating to
section 547 the following:
``548. Prohibition against officers and employees being interested in
contracts for materials.
``549. Lighthouse and other sites; necessity and sufficiency of cession
by State of jurisdiction.
``550. Marking pierheads in certain lakes.''.
SEC. 12010. TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE SERVICE.
(a) Section 6 of chapter 103 of the Act of June 20, 1918 (33 U.S.C.
763) is repealed.
(b) Chapter 25 of title 14, United States Code, is amended by
inserting after section 2531 the following:
``Sec. 2532. Retirement of employees
``(a) Optional Retirement.--Except as provided in subsections (d)
and (e), a covered employee may retire from further performance of duty
if such officer or employee--
``(1) has completed 30 years of active service in the
Government and is at least 55 years of age;
``(2) has completed 25 years of active service in the
Government and is at least 62 years of age; or
``(3) is involuntarily separated from further performance
of duty, except by removal for cause on charges of misconduct
or delinquency, after completing 25 years of active service in
the Government, or after completing 20 years of such service
and if such employee is at least 50 years of age.
``(b) Compulsory Retirement.--A covered employee who becomes 70
years of age shall be compulsorily retired from further performance of
duty.
``(c) Retirement for Disability.--
``(1) In general.--A covered employee who has completed 15
years of active service in the Government and is found, after
examination by a medical officer of the United States, to be
disabled for useful and efficient service by reason of disease
or injury not due to vicious habits, intemperance, or willful
misconduct of such officer or employee, shall be retired.
``(2) Restoration to active duty.--Any individual retired
under paragraph (1) may, upon recovery, be restored to active
duty, and shall from time to time, before reaching the age at
which such individual may retire under subsection (a), be
reexamined by a medical officer of the United States upon the
request of the Secretary of the department in which the Coast
Guard is operating.
``(d) Annual Compensation.--
``(1) In general.--Except as provided in paragraph (2), The
annual compensation of a person retired under this section
shall be a sum equal to one-fortieth of the average annual pay
received for the last 3 years of service for each year of
active service in the Lighthouse Service, or in a department or
branch of the Government having a retirement system, not to
exceed thirty-fortieths of such average annual pay received.
``(2) Retirement before 55.--The retirement pay computed
under paragraph (1) for any officer or employee retiring under
this section shall be reduced by one-sixth of 1 percent for
each full month the officer or employee is under 55 years of
age at the date of retirement.
``(3) No allowance or subsistence.--Retirement pay under
this section shall not include any amount on account of
subsistence or other allowance.
``(e) Exception.--The retirement and pay provision in this section
shall not apply to--
``(1) any person in the field service of the Lighthouse
Service whose duties do not require substantially all their
time; or
``(2) persons of the Coast Guard.
``(f) Waiver.--Any person entitled to retirement pay under this
section may decline to accept all or any part of such retirement pay by
a waiver signed and filed with the Secretary of the Treasury. Such
waiver may be revoked in writing at any time, but no payment of the
retirement pay waived shall be made covering the period during which
such waiver was in effect.
``(g) Definition.--For the purposes of this section, the term
`covered employee' means an officer or employee engaged in the field
service or on vessels of the Lighthouse Service, except a person
continuously employed in district offices or shop.''.
(c) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is amended by inserting after the item relating to
section 2531 the following:
``2532. Retirement of employees.''.
SEC. 12011. TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE
SERVICE EMPLOYEES.
(a) Benefit to Surviving Spouses.--Chapter 25 of title 14, United
States Code, is further amended by inserting after section 2532 (as
added by this division) the following:
``Sec. 2533. Surviving spouses
``The Secretary of the department in which the Coast Guard is
operating shall pay $100 per month to the surviving spouse of a current
or former employee of the Lighthouse Service in accordance with section
2532 if such employee dies--
``(1) at a time when such employee was receiving or was
entitled to receive retirement pay under this subchapter; or
``(2) from non-service-connected causes after fifteen or
more years of employment in such service.''.
(b) Transfers Related to Surviving Spouses of Lighthouse Service
Employees.--
(1) Chapter 25 of title 14, United States Code, is amended
by inserting after section 2533 (as added by this division) the
following:
``Sec. 2534. Application for benefits''.
(2)(A) Section 3 of chapter 761 of the Act of August 19,
1950 (33 U.S.C. 773), is redesignated as section 2534(a) of
title 14, United States Code, transferred to appear after the
heading of section 2534 of that title, and amended so that the
enumerator, section heading, typeface, and typestyle conform to
those appearing in other sections in title 14, United States
Code.
(B) Section 2534(a), as so redesignated, transferred, and
amended is further amended by striking ``this Act'' and
inserting ``section 2533''.
(3)(A) Section 4 of chapter 761 of the Act of August 19,
1950 (33 U.S.C. 774), is redesignated as section 2534(b) of
title 14, United States Code, transferred to appear after
section 2534(a) of that title, and amended so that the
enumerator, section heading, typeface, and typestyle conform to
those appearing in other sections in title 14, United States
Code.
(B) Section 2534(b), as so redesignated, transferred, and
amended is further amended by striking ``the provisions of this
Act'' and inserting ``section 2533''.
(4)(A) The proviso under the heading ``Payment to Civil
Service Retirement and Disability Fund'' of title V of division
C of Public Law 112-74 (33 U.S.C. 776) is redesignated as
section 2534(c) of title 14, United States Code, transferred to
appear after section 2534(b) of that title, and amended so that
the enumerator, section heading, typeface, and typestyle
conform to those appearing in other sections in title 14,
United States Code.
(B) Section 2534(c), as so redesignated, transferred, and
amended is further amended by striking ``the Act of May 29,
1944, and the Act of August 19, 1950 (33 U.S.C. 771-775),'' and
inserting ``section 2533''.
(c) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is further amended by inserting after the item
relating to section 2532 (as added by this division) the following:
``2533. Surviving spouses.
``2534. Application for benefits.''.
SEC. 12012. REPEALS RELATED TO LIGHTHOUSE STATUTES.
(a) In General.--The following provisions are repealed:
(1) Section 4680 of the Revised Statutes of the United
States (33 U.S.C. 725).
(2) Section 4661 of the Revised Statutes of the United
States (33 U.S.C. 727).
(3) Section 4662 of the Revised Statutes of the United
States (33 U.S.C. 728).
(4) The final paragraph in the account ``For Life-Saving
and Life-Boat Stations'' under the heading Treasury Department
in the first section of chapter 130 of the Act of March 3, 1875
(33 U.S.C. 730a).
(5) Section 11 of chapter 301 of the Act of June 17, 1910
(33 U.S.C. 743).
(6) The first section of chapter 215 of the Act of May 13,
1938 (33 U.S.C. 745a).
(7) The first section of chapter 313 of the Act of February
25, 1929 (33 U.S.C. 747b).
(8) Section 2 of chapter 103 of the Act of June 20, 1918
(33 U.S.C. 748).
(9) Section 4 of chapter 371 of the Act of May 22, 1926 (33
U.S.C. 754a).
(10) Chapter 642 of the Act of August 10, 1939 (33 U.S.C.
763a-1).
(11) Chapter 788 of the Act of October 29, 1949 (33 U.S.C.
763-1).
(12) Chapter 524 of the Act of July 9, 1956 (33 U.S.C. 763-
2).
(13) The last 2 provisos under the heading Lighthouse
Service, under the heading Department of Commerce, in the first
section of chapter 161 of the Act of March 4, 1921 (41 Stat.
1417, formerly 33 U.S.C. 764).
(14) Section 3 of chapter 215 of the Act of May 13, 1938
(33 U.S.C. 770).
(15) The first section and section 2 of chapter 761 of the
Act of August 19, 1950 (33 U.S.C. 771 and 772).
(b) Savings.--
(1) Notwithstanding any repeals made by this section, any
individual beneficiary currently receiving payments under the
authority of any provisions repealed in this section shall
continue to receive such benefits.
(2) Notwithstanding the repeals made under paragraphs (10)
and (11) of subsection (a), any pay increases made under
chapter 788 of the Act of October 29, 1949, and chapter 524 of
the Act of July 9, 1956, as in effect prior to their repeal
shall remain in effect.
TITLE VI--FEDERAL MARITIME COMMISSION
SEC. 13001. SHORT TITLE.
This title may be cited as the ``Federal Maritime Commission
Authorization Act of 2020''.
SEC. 13002. AUTHORIZATION OF APPROPRIATIONS.
Section 308 of title 46, United States Code, is amended by striking
``$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year
2019'' and inserting ``$29,086,888 for fiscal year 2020 and $29,639,538
for fiscal year 2021''.
SEC. 13003. UNFINISHED PROCEEDINGS.
Section 305 of title 46, United States Code, is amended--
(1) by striking ``The Federal'' and inserting ``(a) In
General.--The Federal''; and
(2) by adding at the end the following:
``(b) Transparency.--
``(1) In general.--In conjunction with the transmittal by
the President to the Congress of the Budget of the United
States for fiscal year 2021 and biennially thereafter, the
Federal Maritime Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives reports that describe the Commission's progress
toward addressing the issues raised in each unfinished
regulatory proceeding, regardless of whether the proceeding is
subject to a statutory or regulatory deadline.
``(2) Format of reports.--Each report under paragraph (1)
shall, among other things, clearly identify for each unfinished
regulatory proceeding--
``(A) the popular title;
``(B) the current stage of the proceeding;
``(C) an abstract of the proceeding;
``(D) what prompted the action in question;
``(E) any applicable statutory, regulatory, or
judicial deadline;
``(F) the associated docket number;
``(G) the date the rulemaking was initiated;
``(H) a date for the next action; and
``(I) if a date for the next action identified in
the previous report is not met, the reason for the
delay.''.
SEC. 13004. TRANSFER OF FEDERAL MARITIME COMMISSION PROVISIONS.
(a) Transfer.--
(1) Subtitle IV of title 46, United States Code, is amended
by adding at the end the following:
``PART D--FEDERAL MARITIME COMMISSION
``CHAPTER 461--FEDERAL MARITIME COMMISSION''.
(2) Chapter 3 of title 46, United States Code, is
redesignated as chapter 461 of part D of subtitle IV of such
title and transferred to appear in such part.
(3) Sections 301 through 308 of such title are redesignated
as sections 46101 through 46108, respectively, of such title.
(b) Conforming Amendments.--
(1) Section 46101(c)(3)(A)(v) of title 46, United States
Code, as so redesignated, is amended by striking ``304'' and
inserting ``46104''.
(2) section 322(b) of the Coast Guard Personnel and
Maritime Safety Act of 2002 (31 U.S.C. 1113 note) is amended by
striking ``208 of the Merchant Marine Act, 1936 (46 App. U.S.C.
1118)'' and inserting ``46106(a) of title 46, United States
Code''.
(3) Section 1031(23) of the National Defense Authorization
Act for Fiscal Year 2000 (31 U.S.C. 1113 note) is amended by
striking ``208, 901(b)(2), and 1211 of the Merchant Marine Act,
1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291)'' and inserting
``44106(a) and 55305(d) of title 46, United States Code''.
(4) The analysis for subtitle I of title 46, United States
Code, is amended by striking the item relating to chapter 3.
(5) The analysis for subtitle IV of such title is amended
by adding at the end the following:
``Part D--Federal Maritime Commission
``461. Federal Maritime Commission.......................... 46101''.
(6) The analysis for chapter 461 of part D of subtitle IV
of such title, as so redesignated, is amended to read as
follows:
``Sec.
``46101. General organization.
``46102. Quorum.
``46103. Meetings.
``46104. Delegation of authority.
``46105. Regulations.
``46106. Annual report.
``46107. Expenditures.
``46108. Authorization of appropriations.''.
(c) Technical Correction.--Section 46103(c)(3) of title 46, United
States Code, as so redesignated, is amended by striking ``555b(c)'' and
inserting ``552b(c)''.
DIVISION I--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
SEC. 14001. SHORT TITLE.
This division may be cited as the ``Eliot L. Engel Department of
State Authorization Act of 2020''.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 14101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE'S
WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is vital to
United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its
disposal to protect United States citizens, promote United
States interests and values, and support global stability and
prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance the United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United
States power and leadership worldwide, and without which
Americans would be less safe, our economic power would be
diminished, and global stability and prosperity would suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being cost-
effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow the
United States to maintain its leadership around the world.
SEC. 14102. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.
Paragraph (2) of section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``All special envoys, ambassadors, and
coordinators located within the Bureau of Democracy, Human
Rights, and Labor shall report directly to the Assistant
Secretary.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting
``sections 116 and''; and
(B) by inserting before the period at the end the
following: ``(commonly referred to as the annual
`Country Reports on Human Rights Practices')''; and
(3) by adding at the end the following new subparagraphs:
``(C) Authorities.--In addition to the duties,
functions, and responsibilities specified in this
paragraph, the Assistant Secretary of State for
Democracy, Human Rights, and Labor is authorized to--
``(i) promote democracy and actively
support human rights throughout the world;
``(ii) promote the rule of law and good
governance throughout the world;
``(iii) strengthen, empower, and protect
civil society representatives, programs, and
organizations, and facilitate their ability to
engage in dialogue with governments and other
civil society entities;
``(iv) work with regional bureaus to ensure
adequate personnel at diplomatic posts are
assigned responsibilities relating to advancing
democracy, human rights, labor rights, women's
equal participation in society, and the rule of
law, with particular attention paid to adequate
oversight and engagement on such issues by
senior officials at such posts;
``(v) review and, as appropriate, make
recommendations to the Secretary of State
regarding the proposed transfer of--
``(I) defense articles and defense
services authorized under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151
et seq.) or the Arms Export Control Act
(22 U.S.C. 2751 et seq.); and
``(II) military items listed on the
`600 series' of the Commerce Control
List contained in Supplement No. 1 to
part 774 of subtitle B of title 15,
Code of Federal Regulations;
``(vi) coordinate programs and activities
that protect and advance the exercise of human
rights and internet freedom in cyberspace; and
``(vii) implement other relevant policies
and provisions of law.
``(D) Efficiency.--The Assistant Secretary for
Democracy, Human Rights, and Labor shall take whatever
actions may be necessary to minimize the duplication of
efforts within the Bureau of Democracy, Human Rights,
and Labor.
``(E) Local oversight.--United States missions, to
the extent practicable, should assist in exercising
oversight authority and coordinate with the Bureau of
Democracy, Human Rights, and Labor to ensure that funds
are appropriately used and comply with anti-corruption
practices.''.
SEC. 14103. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW
ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for
International Narcotics and Law Enforcement Affairs,
who shall be responsible to the Secretary of State for
all matters, programs, and related activities
pertaining to international narcotics, anti-crime, and
law enforcement affairs in the conduct of foreign
policy by the Department, including, as appropriate,
leading the coordination of programs carried out by
United States Government agencies abroad, and such
other related duties as the Secretary may from time to
time designate.
``(B) Areas of responsibility.--The Assistant
Secretary for International Narcotics and Law
Enforcement Affairs shall maintain continuous
observation and coordination of all matters pertaining
to international narcotics, anti-crime, and law
enforcement affairs in the conduct of foreign policy,
including programs carried out by other United States
Government agencies when such programs pertain to the
following matters:
``(i) Combating international narcotics
production and trafficking.
``(ii) Strengthening foreign justice
systems, including judicial and prosecutorial
capacity, appeals systems, law enforcement
agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign
police, border control, other government
officials, and other civilian law enforcement
authorities for anti-crime purposes, including
ensuring that no foreign security unit or
member of such unit shall receive such
assistance from the United States Government
absent appropriate vetting.
``(iv) Ensuring the inclusion of human
rights and women's participation issues in law
enforcement programs, in consultation with the
Assistant Secretary for Democracy, Human
Rights, and Labor, and other senior officials
in regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other
relevant bureaus of the Department, all forms
of transnational organized crime, including
illicit trafficking in human beings, arms,
wildlife, and cultural property, migrant
smuggling, corruption, money laundering, the
illicit smuggling of bulk cash, the licit use
of financial systems for malign purposes, and
other new and emerging forms of crime.
``(vi) Identifying and responding to global
corruption, including strengthening the
capacity of foreign government institutions
responsible for addressing financial crimes and
engaging with multilateral organizations
responsible for monitoring and supporting
foreign governments' anti-corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the
Assistant Secretary for International Narcotics and Law
Enforcement Affairs shall also--
``(i) carry out timely and substantive
consultation with chiefs of mission and, as
appropriate, the heads of other United States
Government agencies to ensure effective
coordination of all international narcotics and
law enforcement programs carried out overseas
by the Department and such other agencies;
``(ii) coordinate with the Office of
National Drug Control Policy to ensure lessons
learned from other United States Government
agencies are available to the Bureau of
International Narcotics and Law Enforcement
Affairs of the Department;
``(iii) develop standard requirements for
monitoring and evaluation of Bureau programs,
including metrics for success that do not rely
solely on the amounts of illegal drugs that are
produced or seized;
``(iv) in coordination with the Secretary
of State, annually certify in writing to the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign
Relations of the Senate that United States law
enforcement personnel posted abroad whose
activities are funded to any extent by the
Bureau of International Narcotics and Law
Enforcement Affairs are complying with section
207 of the Foreign Service Act of 1980 (22
U.S.C. 3927); and
``(v) carry out such other relevant duties
as the Secretary may assign.''.
(b) Modification of Annual International Narcotics Control Strategy
Report.--Subsection (a) of section 489 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291h) is amended by inserting after paragraph (8) the
following new paragraph:
``(9) A separate section that contains an identification of
all United States Government-supported units funded by the
Bureau of International Narcotics and Law Enforcement Affairs
and any Bureau-funded operations by such units in which United
States law enforcement personnel have been physically
present.''.
SEC. 14104. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES,
AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the Department of
State the Bureau of Consular Affairs, which shall be headed by the
Assistant Secretary of State for Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There is in
the Department of State the Bureau of Population, Refugees, and
Migration, which shall be headed by the Assistant Secretary of State
for Population, Refugees, and Migration.''.
SEC. 14105. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the Department
an Office of International Disability Rights (referred to in this
section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training
of Department staff on soliciting quality programs that are
fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of persons
with disabilities, and work to raise the profile of disability
across a broader range of organizations contributing to
international development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability
rights and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department
that are responsible for drafting annual reports documenting
progress on human rights, including, wherever applicable,
references to instances of discrimination, prejudice, or abuses
of persons with disabilities; and
(7) advise the Bureau of Human Resources Development of the
Department regarding the hiring and recruitment and overseas
practices of civil service employees and Foreign Service
officers with disabilities and their family members with
chronic medical conditions or disabilities.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant
Secretary; or
(2) an officer exercising significant authority who reports
to the President or Secretary, appointed by and with the advice
and consent of the Senate.
(d) Consultation.--The Secretary should direct Ambassadors at
Large, Representatives, Special Envoys, and coordinators working on
human rights to consult with the Office to promote the human rights and
full participation in international development activities of all
persons with disabilities.
SEC. 14106. OFFICE OF GLOBAL WOMEN'S ISSUES.
(a) In General.--There should be established an Office of Global
Women's Issues (referred to in this section as the ``Office''), which
may be placed within the organizational structure of the Department at
the discretion of the Secretary.
(b) Purpose.--The Office should coordinate efforts of the United
States Government, as directed by the Secretary, regarding gender
equality and advancing the status of women and girls in United States
foreign policy.
(c) Duties.--The Office should--
(1) serve as the principal advisor to the Secretary
regarding gender equality, women's and girls' empowerment, and
violence against women and girls as a priority of United States
foreign policy;
(2) represent the United States in diplomatic and
multilateral fora on matters relevant to the status of women
and girls;
(3) advise the Secretary and provide input on all
activities, policies, programs, and funding relating to gender
equality and the advancement of women and girls internationally
for all bureaus and offices of the Department and in the
international programs of all other Federal agencies;
(4) work to ensure that efforts to advance gender equality
and women's and girls' empowerment are fully integrated into
the programs, structures, processes, and capacities of all
bureaus and offices of the Department and in the international
programs of other Federal agencies; and
(5) conduct regular consultation with civil society
organizations working to advance gender equality and empower
women and girls internationally.
(d) Supervision.--The Office should be headed by an Ambassador-at-
large for Global Women's Issues.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the appropriate
congressional committees a report or briefing regarding this section.
SEC. 14107. SPECIAL APPOINTMENTS.
(a) Report on Positions.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that includes the
following:
(1) A description of the duties, responsibilities, and
number of staff of each existing Special Envoy, Special
Representative, Special Coordinator, Special Negotiator, Envoy,
Representative, Coordinator, Special Advisor, and other similar
position at the Department.
(2) Recommendations regarding whether to maintain in the
Department each such position, including those listed in the
report submitted by the Secretary to the Committee on Foreign
Relations of the Senate on April 14, 2017, pursuant to section
418 of the Department of State Authorities Act, Fiscal Year
2017 (Public Law 114-323), that are not expressly authorized by
a provision of law enacted by Congress.
(3) Justifications supporting each of the Secretary's
recommendations under paragraph (2).
(b) Advice and Consent.--Not later than 90 days after the
submission of the report required under subsection (a), the President
shall submit the name of each Special Envoy, Special Representative,
Special Coordinator, Special Negotiator, Envoy, Representative,
Coordinator, Special Advisor, or other person occupying a similar
position at the Department exercising significant authority pursuant to
the laws of the United States that is not expressly authorized by a
provision of law enacted by Congress who is included in such report to
the Committee on Foreign Relations of the Senate to seek the advice and
consent of the Senate.
(c) Rule of Construction Regarding Establishment of Positions.--
Nothing in this section may be construed as prohibiting the
establishment or maintenance of any Special Envoy, Special
Representative, Special Coordinator, Special Negotiator, Envoy,
Representative, Coordinator, Special Advisor, or other similar position
at the Department exercising significant authority pursuant to the laws
of the United States if the name of the appointee for each such
position is submitted to the Committee on Foreign Relations of the
Senate, to seek the advice and consent of the Senate, not later than 90
days after each such appointment.
(d) Limited Exception for Temporary Appointments.--The Secretary
may maintain or establish a position with the title of Special Envoy,
Special Representative, Special Coordinator, Special Negotiator,
Special Advisor, or a similar position not exercising significant
authority pursuant to the laws of the United States for not longer than
180 days if the Secretary, not later than 15 days before the
appointment of a person to such a position, submits to the appropriate
congressional committees a notification that includes the following:
(1) A certification that the position is not expected to
demand the exercise of significant authority pursuant to the
laws of the United States.
(2) A description of the duties and purpose of the
position.
(3) The rationale for giving the specific title to the
position.
(e) Renewal of Temporary Appointment.--Nothing in this section may
be construed as prohibiting the Secretary from renewing for a period
not to exceed 180 days any position maintained or established under
subsection (d) if the Secretary complies with the notification
requirements contained in such subsection.
(f) Funding Restrictions.--
(1) Positions not submitted for advice and consent.--No
funds may be authorized to be appropriated for--
(A) any Special Envoy, Special Representative,
Special Coordinator, Special Negotiator, Envoy,
Representative, Coordinator, Special Advisor, or other
similar position at the Department exercising
significant authority pursuant to the laws of the
United States if the name of the person appointed to
such position has not been submitted to the Committee
on Foreign Relations of the Senate for the advice and
consent of the Senate in accordance with subsection
(b); or
(B) any staff or resources related to such a
position until the person appointed to such position
has been submitted to the Committee on Foreign
Relations of the Senate for the advice and consent of
the Senate.
(2) Temporary positions.--No funds may be authorized to be
appropriated for any position described in subsection (d) or
for any staff or resources related to such position unless the
Secretary has complied with the notification requirements under
such subsection.
(3) Fiscal year 2021.--The restrictions described in this
subsection shall not apply in fiscal year 2021 to positions or
associated staff and resources for which funding is expressly
appropriated for such fiscal year in an Act of Congress.
(g) Confirmation for Authorized Positions.--
(1) In general.--No Special Envoy, Special Representative,
Special Coordinator, Special Negotiator, Envoy, Representative,
Coordinator, Special Advisor, or other similar position at the
Department exercising significant authority pursuant to the
laws of the United States that is authorized by an Act of
Congress (except the position authorized by section 621 of the
Tibetan Policy Act of 2002 (subtitle B of title VI of Public
Law 107-228; 22 U.S.C. 6901 note)) may be appointed without the
advice and consent of the Senate.
(2) Fiscal year 2021.--The restriction described in
paragraph (1) shall not apply in fiscal year 2021 to positions
or associated staff and resources for which funding is
expressly appropriated for such fiscal year in an Act of
Congress.
(h) Elimination of Special Representative and Policy Coordinator
for Burma.--
(1) Findings.--Congress finds the following:
(A) Congress established the Special Representative
and Policy Coordinator for Burma in July 2008 at a time
when the United States did not maintain full diplomatic
relations with Burma and had not appointed an
Ambassador to Burma in 18 years.
(B) In 2012, the United States re-established full
diplomatic relations with Burma and appointed a United
States Ambassador to Burma who, along with the
Secretary of State, Assistant Secretary of State for
East Asia and the Pacific, and other United States
Government officials, represents the United States'
interests in Burma.
(2) Repeal.--Section 7 of the Tom Lantos Block Burmese Jade
(Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110-
286; 50 U.S.C. 1701 note; relating to the establishment of a
Special Representative and Policy Coordinator for Burma) is
hereby repealed.
SEC. 14108. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the participation by the
United States in the Information Sharing Centre located in Singapore,
as established by the Regional Cooperation Agreement on Combating
Piracy and Armed Robbery against Ships in Asia (ReCAAP).
SEC. 14109. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL
SECURITY.
It is the sense of Congress that--
(1) the Department is a crucial national security agency,
whose employees, both Foreign and Civil Service, require the
best possible training at every stage of their careers to
prepare them to promote and defend United States national
interests and the health and safety of United States citizens
abroad;
(2) the Secretary should explore establishing a ``training
float'' requiring that a certain percentage of the Foreign
Service shall be in long-term training at any given time;
(3) the Department's Foreign Service Institute should seek
to substantially increase its educational and training
offerings to Department personnel, including developing new and
innovative educational and training courses, methods, programs,
and opportunities; and
(4) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and Foreign
Service Institute should seek and accept funds and other
resources from foundations, not-for-profit corporations, and
other appropriate sources to help the Department and the
Institute accomplish the goals specified in paragraph (3).
SEC. 14110. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more
than 365 calendar days, such position may be filled, as
appropriate, on a temporary basis, in accordance with section
309.'' after ``Positions designated under this section are
excepted from the competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),
by inserting ``, or domestically, in a position working on
issues relating to a particular country or geographic area,''
after ``geographic area''.
SEC. 14111. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF
STATE.
(a) In General.--Subsection (c) of section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended
by section 14103 of this Act, is further amended--
(1) by redesignating paragraph (4) (as redesignated
pursuant to such section 14103) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant secretary.--
Subject to the numerical limitation specified in
paragraph (1), there is authorized to be established in
the Department of State an Assistant Secretary of State
for Energy Resources.
``(B) Personnel.--The Secretary of State shall
ensure that there are sufficient personnel dedicated to
energy matters within the Department of State whose
responsibilities shall include--
``(i) formulating and implementing
international policies aimed at protecting and
advancing United States energy security
interests by effectively managing United States
bilateral and multilateral relations;
``(ii) ensuring that analyses of the
national security implications of global energy
and environmental developments are reflected in
the decision making process within the
Department;
``(iii) incorporating energy security
priorities into the activities of the
Department;
``(iv) coordinating energy activities of
the Department with relevant Federal
departments and agencies; and
``(v) working internationally to--
``(I) support the development of
energy resources and the distribution
of such resources for the benefit of
the United States and United States
allies and trading partners for their
energy security and economic
development needs;
``(II) promote availability of
diversified energy supplies and a well-
functioning global market for energy
resources, technologies, and expertise
for the benefit of the United States
and United States allies and trading
partners;
``(III) resolve international
disputes regarding the exploration,
development, production, or
distribution of energy resources;
``(IV) support the economic and
commercial interests of United States
persons operating in the energy markets
of foreign countries;
``(V) support and coordinate
international efforts to alleviate
energy poverty;
``(VI) leading the United States
commitment to the Extractive Industries
Transparency Initiative;
``(VII) coordinating within the
Department and with relevant Federal
departments and agencies on developing
and implementing international energy-
related sanctions; and
``(VIII) coordinating energy
security and other relevant functions
within the Department currently
undertaken by--
``(aa) the Bureau of
Economic and Business Affairs;
``(bb) the Bureau of Oceans
and International Environmental
and Scientific Affairs; and
``(cc) other offices within
the Department of State.''.
(b) Conforming Amendment.--Section 931 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17371) is amended--
(1) by striking subsections (a) and (b); and
(2) by redesignating subsections (c) and (d) as subsections
(a) and (b), respectively.
SEC. 14112. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of 1956 is
amended by adding after section 63 (22 U.S.C. 2735) the following new
section:
``SEC. 64. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services and related events, including organizing
programs and conference activities, museum shop services and
food services in the public exhibition and related space
utilized by the National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and outreach services
and related events referred to in such paragraph, including
fees for use of facilities at the National Museum for American
Diplomacy. Any such revenues may be retained as a recovery of
the costs of operating the museum.
``(b) Disposition of National Museum of American Diplomacy
Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles permanently acquired by the Department of State
and determined by the Secretary of State to be suitable for
display by the National Museum of American Diplomacy shall be
considered to be the property of the United States Government
and shall be subject to disposition solely in accordance with
this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes the determination described in paragraph (3) with
respect to a document, artifact, or other article under
paragraph (1), the Secretary may sell at fair market value,
trade, or transfer such document, artifact, or other article
without regard to the requirements of subtitle I of title 40,
United States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the National
Museum of American Diplomacy and may not be used for any
purpose other than the acquisition and direct care of the
collections of the museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to a
document, artifact, or other article under paragraph (1), is a
determination that--
``(A) such document, artifact, or other article no
longer serves to further the purposes of the National
Museum of American Diplomacy as set forth in the
collections management policy of the museum;
``(B) the sale, trade, or transfer of such
document, artifact, or other article would serve to
maintain the standards of the collection of the museum;
or
``(C) sale, trade, or transfer of such document,
artifact, or other article would be in the best
interests of the United States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles under paragraph (1),
the Secretary of State may loan such documents, artifacts, or
other articles, when not needed for use or display by the
National Museum of American Diplomacy to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.
SEC. 14113. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN FOR
COSTS INCURRED FROM THE ILLEGAL SEIZURE AND DETENTION OF
U.S.-FLAG FISHING VESSELS BY FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1977) is amended to read as follows:
``(e) Amounts.--Payments may be made under this section only to
such extent and in such amounts as are provided in advance in
appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
apply as if the date specified in subsection (e) of section 7
of the Fishermen's Protective Act of 1967, as in effect on the
day before the date of the enactment of this Act, were the day
after such date of enactment.
(2) Agreements and payments.--The Secretary shall--
(A) enter into agreements pursuant to section 7 of
the Fishermen's Protective Act of 1967 for any claims
to which such section would otherwise apply but for the
date specified in subsection (e) of such section, as in
effect on the day before the date of the enactment of
this Act; and
(B) make payments in accordance with agreements
entered into pursuant to such section if any such
payments have not been made as a result of the
expiration of the date specified in such section, as in
effect on the day before the date of the enactment of
this Act.
SEC. 14114. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated for the
purchase of any piece of art for the purposes of installation or
display in any embassy, consulate, or other foreign mission of the
United States if the purchase price of such piece of art is in excess
of $50,000, unless such purchase is subject to prior consultation with,
and the regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees a report on the costs of the Art in Embassies
Program for each of fiscal years 2012, 2013, and 2014.
(c) Sunset.--This section shall terminate on the date that is 2
years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and craft art.
SEC. 14115. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop, in
coordination with members of ASEAN and other likeminded countries, a
comprehensive, multilateral strategy to bring about further democratic
consolidation in Burma and improve human rights practices and the
quality of life in Burma, including the development of a dialogue
leading to genuine national reconciliation.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1),
by striking ``six months'' and inserting
``year'';
(ii) by redesignating paragraph (3) as
paragraph (7); and
(iii) by inserting after paragraph (2) the
following new paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive economic
growth;
``(5) progress toward genuine national reconciliation;
``(6) progress on improving the quality of life of the
Burmese people, including progress relating to market reforms,
living standards, labor standards, use of forced labor in the
tourism industry, and environmental quality; and''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act and
apply with respect to the first report required under
subsection (d) of section 570 of Public Law 104-208 that is
required after the date of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Section 406 of Public Law 101-246 (22 U.S.C. 2414a).
(4) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
SEC. 14116. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report that lists all of the Government
Accountability Office's recommendations relating to the Department that
have not been fully implemented.
(b) Comptroller General Report.--Not later than 30 days after the
Secretary submits the report under subsection (a), the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report that identifies any discrepancies
between the list of recommendations included in such report and the
Government Accountability Office's list of outstanding recommendations
for the Department.
(c) Implementation Report.--
(1) In general.--Not later than 120 days after the date of
the submission of the Comptroller General's report under
subsection (b), the Secretary shall submit to the appropriate
congressional committees a report that describes the
implementation status of each recommendation from the
Government Accountability Office included in the report
submitted under subsection (a).
(2) Justification.--The report under paragraph (1) shall
include--
(A) a detailed justification for each decision not
to fully implement a recommendation or to implement a
recommendation in a different manner than specified by
the Government Accountability Office;
(B) a timeline for the full implementation of any
recommendation the Secretary has decided to adopt, but
has not yet fully implemented; and
(C) an explanation for any discrepancies included
in the Comptroller General report submitted under
subsection (b).
(d) Form.--The information required in each report under this
section shall be submitted in unclassified form, to the maximum extent
practicable, but may be included in a classified annex to the extent
necessary.
SEC. 14117. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the Department
an Office of Global Criminal Justice (referred to in this section as
the ``Office''), which may be placed within the organizational
structure of the Department at the discretion of the Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary and other relevant senior
officials on issues related to war crimes, crimes against
humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for mass
atrocities.
(3) Coordinate United States Government positions relating
to the international and hybrid courts currently prosecuting
persons responsible for genocide, war crimes, and crimes
against humanity anywhere in the world.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and domestic
commissions of inquiry, fact-finding missions, and tribunals to
investigate, document, and prosecute atrocities in every region
of the globe.
(5) Coordinate the deployment of diplomatic, legal,
economic, military, and other tools to help expose the truth,
judge those responsible, protect and assist victims, enable
reconciliation, deter atrocities, and build the rule of law.
(6) Provide advice and expertise on transitional justice to
United States personnel operating in conflict and post-conflict
environments.
(7) Act as a point of contact for international, hybrid,
and mixed tribunals exercising jurisdiction over war crimes,
crimes against humanity, and genocide committed around the
world.
(8) Represent the Department on any interagency whole-of-
government coordinating entities addressing genocide and other
mass atrocities.
(9) Perform any additional duties and exercise such powers
as the Secretary of State may prescribe.
(c) Supervision.--The Office should be led by an Ambassador-at-
Large for Global Criminal Justice.
TITLE II--EMBASSY CONSTRUCTION
SEC. 14201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'', there is
authorized to be appropriated $1,975,449,000 for fiscal year 2021.
SEC. 14202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that the
Department's Bureau of Overseas Building Operations (OBO) or successor
office should give appropriate consideration to standardization in
construction, in which each new United States embassy and consulate
starts with a standard design and keeps customization to a minimum.
(b) Consultation.--The Secretary shall carry out any new United
States embassy compound or new consulate compound project that utilizes
a non-standard design, including those projects that are in the design
or pre-design phase as of the date of the enactment of this Act, only
in consultation with the appropriate congressional committees. The
Secretary shall provide the appropriate congressional committees, for
each such project, the following documentation:
(1) A comparison of the estimated full lifecycle costs of
the project to the estimated full lifecycle costs of such
project if it were to use a standard design.
(2) A comparison of the estimated completion date of such
project to the estimated completion date of such project if it
were to use a standard design.
(3) A comparison of the security of the completed project
to the security of such completed project if it were to use a
standard design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for such project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification, as the
case may be, described in paragraphs (1) through (4) cannot be
provided.
(c) Sunset.--The consultation requirement under subsection (b)
shall expire on the date that is 4 years after the date of the
enactment of this Act.
SEC. 14203. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State Authorities
Act, Fiscal Year 2017 (22 U.S.C. 304) is amended--
(1) in the section heading , by striking ``annual report on
embassy construction costs'' and inserting ``biannual report on
overseas capital construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date of the
enactment of this subsection and every 180 days thereafter until the
date that is 4 years after such date of enactment, the Secretary shall
submit to the appropriate congressional committees a comprehensive
report regarding all ongoing overseas capital construction projects and
major embassy security upgrade projects.
``(b) Contents.--Each report required under subsection (a) shall
include the following with respect to each ongoing overseas capital
construction project and major embassy security upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations for Acts
making appropriations for the Department of State, foreign
operations, and related programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable adjustment
received by the Department to date.
``(4) The value of each certified claim received by the
Department to date.
``(5) The value of any usage of the project's contingency
fund to date and the value of the remainder of the project's
contingency fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully adjudicated
or that the Department has settled, and the final dollar amount
of each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations not later
than 45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign operations,
and related programs.
``(9) The current date of estimated completion.''.
(b) Initial Report.--The first report required under subsection (a)
of section 118 of the Department of State Authorities Act, Fiscal Year
2017 (as amended by this section) shall include an annex regarding all
overseas capital construction projects and major embassy security
upgrade projects completed during the 10-year period ending on December
31, 2018, including, for each such project, the elements specified in
subsection (b) of such section 118.
SEC. 14204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary shall complete all
contractor performance evaluations required by subpart 42.15 of the
Federal Acquisition Regulation for those contractors engaged in
construction of new embassy or new consulate compounds by October 1,
2021.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall develop a
prioritization system for clearing the current backlog of
required evaluations referred to in subsection (a).
(2) Elements.--The system required under paragraph (1)
should prioritize the evaluations as follows:
(A) Project completion evaluations should be
prioritized over annual evaluations.
(B) Evaluations for relatively large contracts
should have priority.
(C) Evaluations that would be particularly
informative for the awarding of government contracts
should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan for
completing all evaluations by October 1, 2021, in accordance with
subsection (a) and the prioritization system developed pursuant to
subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management performance.
SEC. 14205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.
(a) In General.--For each new United States embassy compound (NEC)
and new consulate compound project (NCC) in or not yet in the design
phase as of the date of the enactment of this Act, the Department shall
project growth over the estimated life of the facility using all
available and relevant data, including the following:
(1) Relevant historical trends for Department personnel and
personnel from other agencies represented at the NEC or NCC
that is to be constructed.
(2) An analysis of the tradeoffs between risk and the needs
of United States Government policy conducted as part of the
most recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance
of the NEC or NCC, as the case may be, over the life of the
building at issue.
(4) Any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal agency
represented at a United States embassy or consulate shall provide to
the Secretary, upon request, growth projections for the personnel of
each such agency over the estimated life of each embassy or consulate,
as the case may be.
(c) Basis for Estimates.--The Department shall base its growth
assumption for all NECs and NCCs on the estimates required under
subsections (a) and (b).
(d) Congressional Notification.--Any congressional notification of
site selection for a NEC or NCC submitted after the date of the
enactment of this Act shall include the growth assumption used pursuant
to subsection (c).
SEC. 14206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for 5 years,
the Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the
replacement of overseas diplomatic posts taking into
account security factors under the Secure Embassy
Construction and Counterterrorism Act of 1999 and other
relevant statutes and regulations, as well as
occupational safety and health factors pursuant to the
Occupational Safety and Health Act of 1970 and other
relevant statutes and regulations, including
environmental factors such as indoor air quality that
impact employee health and safety; and
(B) a comprehensive 6-year plan detailing the
Department's long-term planning for the maintenance and
sustainment of completed diplomatic posts, which takes
into account security factors under the Secure Embassy
Construction and Counterterrorism Act of 1999 and other
relevant statutes and regulations, as well as
occupational safety and health factors pursuant to the
Occupational Safety and Health Act of 1970 and other
relevant statutes and regulations, including
environmental factors such as indoor air quality that
impact employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report on
existing small diplomatic posts and a strategy for establishing
a physical diplomatic presence in countries in which there is
no current physical diplomatic presence. Such report, which may
include a classified annex, shall include the following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the
United States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic
post meets current security requirements.
(D) A description of the full financial cost of
maintaining each small diplomatic post.
(E) Input from the relevant chiefs of mission on
any unique operational or policy value the small
diplomatic post provides.
(3) Updated information.--The annual updates of each of the
plans developed pursuant to paragraph (1) shall highlight any
changes from the previous year's plan to the ordering of
construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60
days after the completion of each plan required under
subsection (a), the Secretary shall submit the plans to the
appropriate congressional committees.
(2) Reference in budget justification materials.--In the
budget justification materials submitted to the appropriate
congressional committees in support of the Department's budget
for any fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code), the plans required under subsection (a) shall be
referenced to justify funding requested for building and
maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the term
``small diplomatic post'' means any United States embassy or consulate
that has employed five or fewer United States Government employees on
average over the 36 months prior to the date of the enactment of this
Act.
SEC. 14207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where appropriate,
to reduce program and acquisition costs pursuant to OMB
Circular A-131, Value Engineering, dated December 31, 2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--The proposed
allocation of capital construction and maintenance funds that
is required by the Committees on Appropriations of the Senate
and the House of Representatives not later than 45 days after
the date of the enactment of an Act making appropriations for
the Department of State, foreign operations, and related
programs shall also be submitted to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required under
paragraph (1) shall include confirmation that the Department
has completed the requisite VE and risk management studies
described in subsection (a).
(c) Reporting and Briefing Requirements.--The Secretary shall
provide to the appropriate congressional committees upon request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise yield
significant cost savings to the Department if implemented.
SEC. 14208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended by
striking ``in 3 years'' and inserting ``cumulatively over 3 years''.
SEC. 14209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary shall provide to the appropriate congressional
committees upon request information on security deficiencies at United
States diplomatic posts, including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 14210. OVERSEAS SECURITY BRIEFINGS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary shall revise the Foreign Affairs Manual to stipulate that
information on the current threat environment shall be provided to all
United States Government employees under chief of mission authority
traveling to a foreign country on official business. To the extent
practicable, such material shall be provided to such employees prior to
their arrival at a United States diplomatic post or as soon as possible
thereafter.
SEC. 14211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary notifies the appropriate
congressional committees that the use of the design-build project
delivery method would not be appropriate, the Secretary shall make use
of such method at United States diplomatic posts that have not yet
received design or capital construction contracts as of the date of the
enactment of this Act.
(b) Notification.--Before executing a contract for a delivery
method other than design-build in accordance with subsection (a), the
Secretary shall notify the appropriate congressional committees in
writing of the decision, including the reasons therefor. The
notification required by this subsection may be included in any other
report regarding a new United States diplomatic post that is required
to be submitted to the appropriate congressional committees.
(c) Performance Evaluation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall report to the
appropriate congressional committees regarding performance evaluation
measures in accordance with GAO's ``Standards for Internal Control in
the Federal Government'' that will be applicable to design and
construction, lifecycle cost, and building maintenance programs of the
Bureau of Overseas Building Operations of the Department.
SEC. 14212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of this Act,
the Secretary shall submit to the appropriate congressional committee a
report detailing steps the Department is taking to expand the embassy
construction contractor base in order to increase competition and
maximize value.
SEC. 14213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of Overseas
Building Operations of the Department or its successor office shall
continue to balance functionality and security with accessibility, as
defined by guidelines established by the United States Access Board in
constructing embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the
fullest extent possible.
SEC. 14214. DEFINITIONS.
In this title:
(1) Design-build.--The term ``design-build'' means a method
of project delivery in which one entity works under a single
contract with the Department to provide design and construction
services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new
consulate compound project that does not utilize a standardized
design for the structural, spatial, or security requirements of
such embassy compound or consulate compound, as the case may
be.
TITLE III--PERSONNEL ISSUES
SEC. 14301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after the date
of the enactment of this Act, the Secretary shall apply to the
Department of Labor for a waiver from insurance requirements under the
Defense Base Act (42 U.S.C. 1651 et seq.) for all countries with
respect to which the requirement was waived prior to January 2017, and
for which there is not currently a waiver.
(b) Certification Requirement.--Not later than 45 days after the
date of the enactment of this Act, the Secretary shall certify to the
appropriate congressional committees that the requirement in subsection
(a) has been met.
SEC. 14302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than 270 days after date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report detailing an
empirical analysis on the effect of overseas allowances on the
foreign assignment of Foreign Service officers (FSOs), to be
conducted by a federally-funded research and development center
with appropriate expertise in labor economics and military
compensation.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) identify all allowances paid to FSOs assigned
permanently or on temporary duty to foreign areas;
(B) examine the efficiency of the Foreign Service
bidding system in determining foreign assignments;
(C) examine the factors that incentivize FSOs to
bid on particular assignments, including danger levels
and hardship conditions;
(D) examine the Department's strategy and process
for incentivizing FSOs to bid on assignments that are
historically in lower demand, including with monetary
compensation, and whether monetary compensation is
necessary for assignments in higher demand;
(E) make any relevant comparisons to military
compensation and allowances, noting which allowances
are shared or based on the same regulations;
(F) recommend options for restructuring allowances
to improve the efficiency of the assignments system and
better align FSO incentives with the needs of the
Foreign Service, including any cost savings associated
with such restructuring;
(G) recommend any statutory changes necessary to
implement subparagraph (F), such as consolidating
existing legal authorities for the provision of
hardship and danger pay; and
(H) detail any effects of recommendations made
pursuant to subparagraphs (F) and (G) on other United
States Government departments and agencies with
civilian employees permanently assigned or on temporary
duty in foreign areas, following consultation with such
departments and agencies.
(b) Briefing Requirement.--Before initiating the analysis required
under subsection (a)(1), and not later than 60 days after the date of
the enactment of this Act, the Secretary shall provide to the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
in the House of Representatives a briefing on the implementation of
this section that includes the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference for
such analysis as specified between the Department and such
federally funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary shall make available to the
federally-funded research and development center carrying out
the analysis required under subsection (a)(1) all necessary and
relevant information to allow such center to conduct such
analysis in a quantitative and analytical manner, including
historical data on the number of bids for each foreign
assignment and any survey data collected by the Department from
eligible bidders on their bid decision-making.
(2) Cooperation.--The Secretary shall work with the heads
of other relevant United States Government departments and
agencies to ensure such departments and agencies provide all
necessary and relevant information to the federally-funded
research and development center carrying out the analysis
required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary shall require that
the chief executive officer of the federally-funded research and
development center that carries out the analysis required under
subsection (a)(1) submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives an interim report on such analysis not later than 120
days after the date of the enactment of this Act.
SEC. 14303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 2656d) is amended by adding at the end the following
new subsection:
``(e) Grants and Cooperative Agreements Related to Science and
Technology Fellowship Programs.--
``(1) In general.--The Secretary is authorized to make
grants or enter into cooperative agreements related to
Department of State science and technology fellowship programs,
including for assistance in recruiting fellows and the payment
of stipends, travel, and other appropriate expenses to fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18, United
States Code.
``(3) Maximum annual amount.--The total amount of grants
made pursuant to this subsection may not exceed $500,000 in any
fiscal year.''.
SEC. 14304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C.
4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``1 round-trip per year for each child below age 21 of a member
of the Service assigned abroad'' and inserting ``in the case of
one or more children below age 21 of a member of the Service
assigned abroad, 1 round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before ``to
visit the member abroad''; and
(B) by striking ``; or'' and inserting a comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before ``to
visit the other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for one of the child's parents to visit the
child or children abroad if the child or children do
not regularly reside with that parent and that parent
is not receiving an education allowance or educational
travel allowance for the child or children under
section 5924(4) of title 5, United States Code,''; and
(5) in the matter following subparagraph (C), as added by
paragraph (4) of this section, by striking ``a payment'' and
inserting ``the cost of round-trip travel''.
SEC. 14305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C.
4083(b)) is amended by adding at the end the following new sentence:
``In cases in which the family members of a member of the Service
reside apart from the member at authorized locations outside the United
States because they are prevented by official order from residing with
the member at post, the member may take the leave ordered under this
section where that member's family members reside, notwithstanding
section 6305 of title 5, United States Code.''.
SEC. 14306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS.
It is the sense of Congress that Department fellowships that
promote the employment of candidates belonging to under-represented
groups, including the Charles B. Rangel International Affairs Graduate
Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship
Program, and the Donald M. Payne International Development Fellowship
Program, represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 14307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign Service Act of
1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter preceding clause
(i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general
responsibility for carrying out the functions of the Service''.
SEC. 14308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of 1980 (22
U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614 in the
table of contents of the Foreign Service Act of 1980 is amended to read
as follows:
``Sec. 614. Department awards.''.
SEC. 14309. DIPLOMATIC PROGRAMS.
(a) Sense of Congress on Workforce Recruitment.--It is the sense of
Congress that the Secretary should continue to hold entry-level classes
for Foreign Service officers and specialists and continue to recruit
civil servants through programs such as the Presidential Management
Fellows Program and Pathways Internship Programs in a manner and at a
frequency consistent with prior years and consistent with the need to
maintain a pool of experienced personnel effectively distributed across
skill codes and ranks. It is further the sense of Congress that absent
continuous recruitment and training of Foreign Service officers and
civil servants, the Department will lack experienced, qualified
personnel in the short, medium, and long terms.
(b) Limitation.--The Secretary may not implement any reduction-in-
force action under section 3502 or 3595 of title 5, United States Code,
or for any incentive payments for early separation or retirement under
any other provision of law unless--
(1) the appropriate congressional committees are notified
not less than 15 days in advance of such obligation or
expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that describes the
Department's strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction
is in the national interest of the United States;
(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and
a description of the anticipated impact of any proposed
workforce reduction; and
(D) a dataset displaying comprehensive workforce
data for all current and planned employees of the
Department, disaggregated by--
(i) Foreign Service officer and Foreign
Service specialist rank;
(ii) civil service job skill code, grade
level, and bureau of assignment;
(iii) contracted employees, including the
equivalent job skill code and bureau of
assignment; and
(iv) employees hired under schedule C of
subpart C of part 213 of title 5, Code of
Federal Regulations, including their equivalent
grade and job skill code and bureau of
assignment.
SEC. 14310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT THE
DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department should continue to promote the
employment of veterans, in accordance with section 301 of the
Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by
section 14407 of this Act, including those veterans belonging
to traditionally underrepresented groups at the Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign policy in a
variety of regional and global affairs bureaus and diplomatic
posts overseas; and
(3) the Department should continue to encourage veteran
employment and facilitate their participation in the workforce.
SEC. 14311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that the
Department should expand the appeal process it makes available to
employees related to assignment preclusions and restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--Section
502(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 3982(a)(2)), as
amended by section 14110 of this Act, is further amended by adding at
the end the following new sentences: ``Any employee subjected to an
assignment restriction or preclusion shall have the same appeal rights
as provided by the Department regarding denial or revocation of a
security clearance. Any such appeal shall be resolved not later than 60
days after such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall revise, and
certify to the appropriate congressional committees regarding such
revision, the Foreign Affairs Manual guidance regarding denial or
revocation of a security clearance to expressly state that all review
and appeal rights relating thereto shall also apply to any
recommendation or decision to impose an assignment restriction or
preclusion to an employee.
SEC. 14312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department employees provide invaluable service
to the United States as nonpartisan professionals who
contribute subject matter expertise and professional skills to
the successful development and execution of United States
foreign policy; and
(2) reemployment of skilled former members of the Foreign
and civil service who have voluntarily separated from the
Foreign or civil service due to family reasons or to obtain
professional skills outside government is of benefit to the
Department.
(b) Reemployment.--Subsection (b) of section 308 of the Foreign
Service Act of 1980 (22 U.S.C. 3948) is amended by adding at the end
the following new sentence: ``Former career tenured members of the
Service seeking reappointment, if separated for other than cause for up
to 4 years prior to the date of the enactment of this sentence, shall
be eligible to participate in the regular assignment bidding process
without restriction and shall not be required to accept a directed
first assignment upon reappointment.''.
(c) Notice of Employment Opportunities.--
(1) In general.--Title 5, United States Code, is amended by
inserting after chapter 102 the following new chapter:
``CHAPTER 103--NOTICE OF EMPLOYMENT OPPORTUNITIES FOR DEPARTMENT OF
STATE AND USAID POSITIONS
``Sec. 10301. Notice of employment opportunities for department of
state and usaid positions
``To ensure that individuals who have separated from the Department
of State or the United States Agency for International Development and
who are eligible for reappointment are aware of such opportunities, the
Department of State and the United States Agency for International
Development shall publicize notice of all employment opportunities,
including positions for which the relevant agency is accepting
applications from individuals within the agency's workforce under merit
promotion procedures, on publicly accessible sites, including
www.usajobs.gov. If using merit promotion procedures, the notice shall
expressly state that former employees eligible for reinstatement may
apply.''.
(2) Clerical amendment.--The table of sections for subpart
I of title 5, United States Code, is amended by adding at the
end the following:
``10301. Notice of employment opportunities for Department of State and
USAID positions''.
SEC. 14313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a comprehensive 5-year strategic staffing plan
for the Department that is aligned with and furthers the objectives of
the National Security Strategy of the United States of America issued
in December 2017, or any subsequent strategy issued not later than 18
months after the date of the enactment of this Act, which shall include
the following:
(1) A dataset displaying comprehensive workforce data,
including all shortages in bureaus described in GAO report GAO-
19-220, for all current and planned employees of the
Department, disaggregated by--
(A) Foreign Service officer and Foreign Service
specialist rank;
(B) civil service job skill code, grade level, and
bureau of assignment;
(C) contracted employees, including the equivalent
job skill code and bureau of assignment; and
(D) employees hired under schedule C of subpart C
of part 213 of title 5, Code of Federal Regulations,
including the equivalent grade and job skill code and
bureau of assignment of such employee.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be posted at
each United States diplomatic post and in the District of
Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers
that should be employed by the Department, with a detailed
basis for such recommendations.
(b) Maintenance.--The dataset required under subsection (a)(1)
shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary shall lead the development of the
plan required under subsection (a) but may consult or partner with
private sector entities with expertise in labor economics, management,
or human resources, as well as organizations familiar with the demands
and needs of the Department's workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report regarding root causes of
Foreign Service and civil service shortages, the effect of such
shortages on national security objectives, and the Department's plan to
implement recommendations described in GAO-19-220.
SEC. 14314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States Code, as
added by section 14312 of this Act, is amended by adding at the end the
following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of State
through procurement contract pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts with respect to
which expenditures are a matter of public record and available for
public inspection, except if otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.''.
(b) Clerical Amendment.--The table of sections for subpart I of
title 5, United States Code, is amended by adding after the item
relating to section 10302 the following new item:
``10302. Consulting services for the Department of State''.
SEC. 14315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) is amended by striking the last sentence.
SEC. 14316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY REVIEW
BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or''
and inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on
October 1, 2005, and ending on September 30, 2009'' and
inserting ``beginning on October 1, 2020, and ending on
September 30, 2022''.
SEC. 14317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of 1980
(22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``suspend'' and inserting ``indefinitely
suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) Any member of the Service suspended from duties under
this subsection may be suspended without pay only after a final
written decision is provided to such member under paragraph
(2).
``(6) If no final written decision under paragraph (2) has
been provided within 1 calendar year of the date the suspension
at issue was proposed, not later than 30 days thereafter the
Secretary of State shall report to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate in writing regarding the
specific reasons for such delay.''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A) The
term'' and inserting the following:
``(7) In this subsection, the term'';
(C) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension''); and
(D) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and moving
such subparagraphs 2 ems to the left.
SEC. 14318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK
CHANGES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and every 180 days thereafter for 5 years, the
Secretary shall submit to the appropriate congressional committees a
report detailing all changes made to the Foreign Affairs Manual or the
Foreign Affairs Handbook.
(b) Covered Periods.--The first report required under subsection
(a) shall cover the 5-year period preceding the submission of such
report. Each subsequent report shall cover the 180-day period preceding
submission.
(c) Contents.--Each report required under subsection (a) shall
contain the following:
(1) The location within the Foreign Affairs Manual or the
Foreign Affairs Handbook where a change has been made.
(2) The statutory basis for each such change.
(3) A side-by-side comparison of the Foreign Affairs Manual
or Foreign Affairs Handbook before and after such change.
(4) A summary of such changes displayed in spreadsheet
form.
SEC. 14319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL REQUIREMENTS
OF CERTAIN POSITIONS.
The Secretary of State may waive any or all of the individual
occupational requirements with respect to an employee or prospective
employee of the Department of State for a civilian position categorized
under the GS-0130 occupational series if the Secretary determines that
the individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to performing
the duties of the applicable position, based on demonstrated job
performance and qualifying experience. With respect to each waiver
granted under this subsection, the Secretary shall set forth in a
written document that is transmitted to the Director of the Office of
Personnel Management the rationale for the decision of the Secretary to
waive such requirements.
SEC. 14320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER.
The Secretary may appoint, for a 3-year period that may be extended
for up to an additional 2 years, solely to carry out the functions of
the Global Engagement Center, employees of the Department without
regard to the provisions of title 5, United States Code, governing
appointment in the competitive service, and may fix the basic
compensation of such employees without regard to chapter 51 and
subchapter III of chapter 53 of such title.
SEC. 14321. REST AND RECUPERATION AND OVERSEAS OPERATIONS LEAVE FOR
FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following new
sections:
``Sec. 6329d. Rest and recuperation leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an area in
which the Armed Forces are engaging or have engaged in combat,
an area designated by law to be treated as a combat zone, or a
location the Department of Defense has certified for combat
zone tax benefits due to its direct support of military
operations;
``(3) the term `employee' has the meaning given that term
in section 6301;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4803); and
``(5) the term `leave year' means the period beginning on
the first day of the first complete pay period in a calendar
year and ending on the day immediately before the first day of
the first complete pay period in the following calendar year.
``(b) Leave for Rest and Recuperation.--The head of an agency may
prescribe regulations to grant up to 20 days of paid leave, per leave
year, for the purposes of rest and recuperation to an employee of the
agency serving in a combat zone, any other high risk, high threat post,
or any other location presenting significant security or operational
challenges.
``(c) Discretionary Authority of Agency Head.--Use of the authority
under subsection (b) is at the sole and exclusive discretion of the
head of the agency concerned.
``(d) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.
``Sec. 6329e. Overseas operations leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `employee' has the meaning given that term
in section 6301; and
``(3) the term `leave year' means the period beginning with
the first day of the first complete pay period in a calendar
year and ending with the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Overseas Operations.--The head of an agency may
prescribe regulations to grant up to 10 days of paid leave, per leave
year, to an employee of the agency serving abroad where the conduct of
business could pose potential security or safety related risks or would
be inconsistent with host-country practice. Such regulations may
provide that additional leave days may be granted during such leave
year if the head of the agency determines that to do so is necessary to
advance the national security or foreign policy interests of the United
States.
``(c) Discretionary Authority of Agency Head.--Use of the authority
under subsection (b) is at the sole and exclusive discretion of the
head of the agency concerned.
``(d) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.''.
(b) Clerical Amendments.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
6329c the following new items:
``6329d. Rest and recuperation leave
``6329e. Overseas operations leave''.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 14401. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and Ethnicity''
(81 Fed. Reg. 67398).
(3) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil
service (as defined in section 2101 of title 5, United
States Code);
(B) individuals who are members of the Foreign
Service (as defined in section 103 of the Foreign
Service Act of 1980 (22 U.S.C. 3902));
(C) all individuals serving under a personal
services agreement or personal services contract;
(D) all individuals serving under a Foreign Service
Limited appointment under section 309 of the Foreign
Service Act of 1980; or
(E) individuals working in the Department of State
under any other authority.
SEC. 14402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall, in consultation with the
Director of the Office of Personnel Management and the Director of the
Office of Management and Budget, submit to the appropriate
congressional committees a report, which shall also be posted on a
publicly available website of the Department in a searchable database
format, that includes disaggregated demographic data and other
information regarding the diversity of the workforce of the Department.
(b) Data.--The report under subsection (a) shall include the
following data:
(1) Demographic data on each element of the workforce of
the Department, disaggregated by rank and grade or grade-
equivalent, with respect to the following groups:
(A) Applicants for positions in the Department.
(B) Individuals hired to join the workforce.
(C) Individuals promoted during the 2-year period
ending on the date of the enactment of this Act,
including promotions to and within the Senior Executive
Service or the Senior Foreign Service.
(D) Individuals serving on applicable selection
boards.
(E) Members of any external advisory committee or
board who are subject to appointment by individuals at
senior positions in the Department.
(F) Individuals participating in professional
development programs of the Department, and the extent
to which such participants have been placed into senior
positions within the Department after such
participation.
(G) Individuals participating in mentorship or
retention programs.
(H) Individuals who separated from the agency
during the 2-year period ending on the date of the
enactment of this Act, including individuals in the
Senior Executive Service or the Senior Foreign Service.
(2) An assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity Commission
Management Directive 715, effective October 1, 2003.
(3) Data on the overall number of individuals who are part
of the workforce, the percentages of such workforce
corresponding to each element listed in section 14401(4), and
the percentages corresponding to each rank, grade, or grade-
equivalent.
(c) Recommendation.--The Secretary may include in the report under
subsection (a) a recommendation to the Director of Office of Management
and Budget and to the appropriate congressional committees regarding
whether the Department should collect more detailed data on demographic
categories in addition to the race and ethnicity categories specified
in the Office of Management and Budget statistical policy directive
entitled ``Standards for Maintaining, Collecting, and Presenting
Federal Data on Race and Ethnicity'' (81 Fed. Reg. 67398).
(d) Other Contents.--The report under subsection (a) shall also
describe and assess the effectiveness of the efforts of the
Department--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent illegal retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women and minorities;
(B) recruiting at women's colleges, historically
Black colleges and universities, minority-serving
institutions, and other institutions serving a
significant percentage of minority students;
(C) placing job advertisements in newspapers,
magazines, and job sites oriented toward women and
minorities;
(D) sponsoring and recruiting at job fairs in urban
and rural communities and land-grant colleges or
universities;
(E) providing opportunities through the Foreign
Service Internship Program under chapter 12 of the
Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.)
and other hiring initiatives;
(F) recruiting mid-level and senior-level
professionals through programs designed to increase
minority representation in international affairs;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout
the United States to reduce the burden of applicants
having to travel at their own expense to take either or
both such examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International
Affairs Fellowship Program;
(ii) the Thomas R. Pickering Foreign
Affairs Fellowship Program;
(iii) the Donald M. Payne International
Development Fellowship Program; and
(iv) other initiatives, including agency-
wide policy initiatives.
(e) Annual Updates.--Not later than 1 year after the publication of
the report required under subsection (a) and annually thereafter for
the following 5 years, the Secretary shall work with the Director of
the Office of Personnel Management and the Director of the Office of
Management and Budget to provide a report to the appropriate
congressional committees, which shall be posted on the Department's
website, which may be included in another annual report required under
another provision of law, that includes--
(1) disaggregated demographic data relating to the
workforce and information on the status of diversity and
inclusion efforts of the Department;
(2) an analysis of applicant flow data; and
(3) disaggregated demographic data relating to participants
in professional development programs of the Department and the
rate of placement into senior positions for participants in
such programs.
SEC. 14403. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign Service
and the Director of Human Resources of the Department shall conduct
periodic interviews with a representative and diverse cross-section of
the workforce of the Department--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign Service
and the Director of Human Resources shall provide an opportunity for an
exit interview to each individual in the workforce of the Department
who separates from service with the Department to better understand the
reasons of such individual for leaving such service.
(c) Use of Analysis From Interviews.--The Director General of the
Foreign Service and the Director of Human Resources shall analyze
demographic data and other information obtained through interviews
under subsections (a) and (b) to determine--
(1) to what extent, if any, the diversity of those
participating in such interviews impacts the results; and
(2) whether to implement any policy changes or include any
recommendations in a report required under subsection (a) or
(e) of section 14402 relating to the determination reached
pursuant to paragraph (1).
(d) Tracking Data.--The Department shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and
recruitment for such programs, consistent with merit
system principles; and
(B) to understand the extent to which participation
in any professional development program offered or
sponsored by the Department differs among the
demographic categories of the workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 14404. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department to have a recruitment plan of action for the
recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described in
subsection (a) shall include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of minority
students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-Harassment and Anti-Discrimination.--
(1) In general.--The Secretary shall, through the Foreign
Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in
existing Foreign Service Institute courses or modules
prioritized in the Department's Diversity and Inclusion
Strategic Plan for 2016-2020 to promote diversity in
Bureau awards or mitigate unconscious bias;
(B) expand the provision of training on workplace
rights and responsibilities to focus on anti-harassment
and anti-discrimination information and policies,
including policies relating to sexual assault
prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory
positions;
(ii) individuals having responsibilities
related to recruitment, retention, or promotion
of employees; and
(iii) any other individual determined by
the Department who needs such training based on
analysis by the Department or OPM analysis.
(2) Best practices.--The Department shall give special
attention to ensuring the continuous incorporation of research-
based best practices in training provided under this
subsection.
SEC. 14405. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts To Promote Diversity and
Inclusion.--
(1) In general.--The Secretary shall implement performance
and advancement requirements that reward and recognize the
efforts of individuals in senior positions and supervisors in
the Department in fostering an inclusive environment and
cultivating talent consistent with merit system principles,
such as through participation in mentoring programs or
sponsorship initiatives, recruitment events, and other similar
opportunities.
(2) Outreach events.--The Secretary shall create
opportunities for individuals in senior positions and
supervisors in the Department to participate in outreach events
and to discuss issues relating to diversity and inclusion with
the workforce on a regular basis, including with employee
resource groups.
(b) External Advisory Committees and Boards.--For each external
advisory committee or board to which individuals in senior positions in
the Department appoint members, the Secretary is strongly encouraged by
Congress to ensure such external advisory committee or board is
developed, reviewed, and carried out by qualified teams that represent
the diversity of the organization.
SEC. 14406. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary is authorized to expand
professional development opportunities that support the mission
needs of the Department, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in--
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal
Government; or
(iv) professional schools of international
affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary shall offer, or
sponsor members of the workforce to participate in, a
Senior Executive Service candidate development program
or other program that trains members on the skills
required for appointment to senior positions in the
Department.
(B) Requirements.--In determining which members of
the workforce are granted professional development or
career advancement opportunities under subparagraph
(A), the Secretary shall--
(i) ensure any program offered or sponsored
by the Department under such subparagraph
comports with the requirements of subpart C of
part 412 of title 5, Code of Federal
Regulations, or any successor thereto,
including merit staffing and assessment
requirements;
(ii) consider the number of expected
vacancies in senior positions as a factor in
determining the number of candidates to select
for such programs;
(iii) understand how participation in any
program offered or sponsored by the Department
under such subparagraph differs by gender,
race, national origin, disability status, or
other demographic categories; and
(iv) actively encourage participation from
a range of demographic categories, especially
from categories with consistently low
participation.
SEC. 14407. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that the
Department should offer both the Foreign Service written examination
and oral assessment in more locations throughout the United States.
Doing so would ease the financial burden on potential candidates who do
not currently reside in and must travel at their own expense to one of
the few locations where these assessments are offered.
(b) Foreign Service Examinations.--Section 301(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of Examiners for
the Foreign Service annually offers the oral assessment examinations
described in paragraph (1) in cities, chosen on a rotating basis,
located in at least three different time zones across the United
States.''.
SEC. 14408. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of the
Donald M. Payne International Development Fellowship Program may
conduct outreach to attract outstanding students with an interest in
pursuing a Foreign Service career who represent diverse ethnic and
socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary shall review past
programs designed to increase minority representation in international
affairs positions.
SEC. 14409. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title should be construed so as to
compel any employee to participate in the collection of the data or
divulge any personal information. Department employees shall be
informed that their participation in the data collection contemplated
by this title is voluntary.
(b) Privacy Protection.--Any data collected under this title shall
be subject to the relevant privacy protection statutes and regulations
applicable to Federal employees.
TITLE V--INFORMATION SECURITY
SEC. 14501. DEFINITIONS.
In this title:
(1) Information system.--The term ``information system''
has the meaning given such term in section 3502 of title 44,
United States Code.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(3) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the
Senate; and
(C) the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 14502. INFORMATION SYSTEM SECURITY.
(a) Definitions.--In this section:
(1) Incident.--The term ``incident'' has the meaning given
such term in section 3552(b) of title 44, United States Code.
(2) Penetration test.--The term ``penetration test'' means
a test methodology in which assessors attempt to circumvent or
defeat the security features of an information system.
(b) Consultations Process.--Not later than 60 days after the date
of the enactment of this Act, the Secretary shall establish a process
for conducting semiannual consultations with the Secretary of Defense,
the Director of National Intelligence, the Secretary of Homeland
Security, and any other department or agency representative who the
Secretary determines to be appropriate regarding the security of United
States Government and nongovernmental information systems used or
operated by the Department, a contractor of the Department, or another
organization on behalf of the Department, including any such systems or
networks facilitating the use of sensitive or classified information.
(c) Independent Penetration Testing of Information Systems.--In
coordination with the consultations under subsection (b), the Secretary
shall commission independent, semiannual penetration tests, which shall
be carried out by an appropriate Federal department or agency other
than the Department, such as the Department of Homeland Security or the
National Security Agency, to ensure that adequate policies and
protections are implemented to detect and prevent penetrations or
compromises of such information systems, including malicious intrusions
by any unauthorized individual, state actor, or other entity.
(d) Waiver.--The Secretary may waive the requirement under
subsection (c) for up to 1 year if the Secretary--
(1) determines that such requirement would have adverse
effects on national security or the diplomatic mission of the
Department; and
(2) not later than 30 days after the commencement of such a
determination, submits to the relevant congressional committees
a written justification that describes how such penetration
tests would undermine national security or the diplomatic
mission of the Department.
(e) Incident Reporting.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for 3 years, the
Secretary, in consultation with the Secretary of Defense, the Director
of the National Intelligence, the Secretary of Homeland Security, and
any other department or agency representative who the Secretary
determines to be appropriate, shall securely submit to the relevant
congressional committees a classified report that describes in detail
the following:
(1) For the first reporting period, all known and suspected
incidents affecting the information systems specified in
subsection (b) that occurred during the 180-day period
immediately preceding the date of the enactment of this Act.
(2) For all subsequent reporting periods, all known and
suspected incidents affecting the information systems specified
in subsection (b) that occurred since the submission of the
most recent report.
(f) Contents.--Each report under subsection (e) shall include, for
the relevant reporting period, a summary overview addressing the
following:
(1) A description of the relevant information system, as
specified in subsection (b), that experienced a known or
suspected incident.
(2) An assessment of the date and time each such incident
occurred or was suspected to have occurred.
(3) An assessment of the duration over which each such
incident took place or is suspected of having taken place,
including whether such incident is ongoing.
(4) An assessment of the volume and sensitivity of
information accessed, compromised, or potentially compromised
by each incident, including any such information contained on
information systems owned, operated, managed, or utilized by
any other Federal department or agency.
(5) An assessment of whether such information system was
compromised by such incident, including an assessment of the
following:
(A) The known or suspected perpetrators, including
state actors.
(B) The methods used to carry out the incident.
(C) The known or suspected intent of the actors in
accessing the information system.
(6) A description of the actions the Department has taken
or plans to take, including timelines and descriptions of any
progress on plans described in prior reports, to prevent
future, similar incidents affecting such information systems.
SEC. 14503. PROHIBITION ON CONTRACTING WITH CERTAIN TELECOMMUNICATIONS
PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days after the
date of the enactment of this Act, the Secretary, in consultation with
the Director of National Intelligence, shall develop or maintain, as
the case may be, and update as frequently as the Secretary determines
appropriate, a list of covered contractors with respect to which the
prohibition specified in subsection (b) shall apply. Not later than 30
days after the initial development of the list under this subsection,
any update thereto, and annually thereafter for 5 years after such
initial 30 day period, the Secretary shall submit to the appropriate
congressional committees a copy of such list.
(b) Prohibition on Contracts.--The Secretary may not enter into a
contract with a covered contractor on the list described in subsection
(a).
(c) Removal From List.--To be removed from the list described in
subsection (a), a covered contractor may submit a request to the
Secretary in such manner as the Secretary determines appropriate. The
Secretary, in consultation with the Director of National Intelligence,
shall determine a process for removing covered contractors from the
list, as appropriate, and publicly disclose such process.
(d) Waivers.--
(1) In general.--The President or the Secretary may waive
the prohibition specified in subsection (b) if the President or
the Secretary determines that such waiver is justified for
national security reasons.
(2) Waiver for overseas operations.--The Secretary may
waive the prohibition specified in subsection (b) for United
States diplomatic posts or diplomatic personnel overseas if the
Secretary, in consultation with the Director of National
Intelligence, determines that no suitable alternatives are
available.
(e) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of telecommunications,
telecommunications equipment, or information technology equipment,
including hardware, software, or services, that has knowingly assisted
or facilitated a cyber attack or conducted surveillance, including
passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government,
or persons associated with such government, listed as a cyber
threat actor in the intelligence community's 2017 assessment of
worldwide threats to United States national security or any
subsequent worldwide threat assessment of the intelligence
community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the purposes
of suppressing dissent or intimidating critics, on behalf of a
country included in the annual country reports on human rights
practices of the Department for systematic acts of political
repression, including arbitrary arrest or detention, torture,
extrajudicial or politically motivated killing, or other gross
violations of human rights.
(f) Effective Date.--This section shall apply with respect to
contracts of a covered contractor entered into on or after the date of
the enactment of this Act.
SEC. 14504. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS CONDUCTED
RELATED TO OFFICIAL DUTIES OF POSITIONS IN THE PUBLIC
TRUST OF THE AMERICAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that, as a
matter of rule of law and transparency in a democratic government, all
officers and employees of the Department and the United States Agency
for International Development must preserve all records of
communications conducted in their official capacities or related to
their official duties with entities outside of the United States
Government. It is further the sense of Congress that such practice
should include foreign government officials or other foreign entities
which may seek to influence United States Government policies and
actions.
(b) Publication.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall publish in the Foreign
Affairs Manual guidance implementing chapter 31 of title 44, United
States Code (commonly referred to as the ``Federal Records Act''), to
treat electronic messaging systems, software, and applications as
equivalent to electronic mail for the purpose of identifying Federal
records, and shall also publish in the Foreign Affairs Manual the
statutory penalties for failure to comply with such guidance. No funds
are authorized to be appropriated or made available to the Department
of State under any Act to support the use or establishment of accounts
on third-party messaging applications or other non-Government online
communication tools if the Secretary does not certify to the relevant
congressional committees that the Secretary has carried out this
section.
SEC. 14505. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) SERIES AND
DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking ``30''and
inserting ``25''; and
(B) in subsection (c)(1)(C), by striking ``30'' and
inserting ``25''.
SEC. 14506. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PILOT
PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to identify
and report vulnerabilities of internet-facing information
technology of the Department in exchange for compensation.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of State.
(b) Department of State Vulnerability Disclosure Process.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall design,
establish, and make publicly known a Vulnerability Disclosure
Process (VDP) to improve Department cybersecurity by--
(A) providing security researchers with clear
guidelines for--
(i) conducting vulnerability discovery
activities directed at Department information
technology; and
(ii) submitting discovered security
vulnerabilities to the Department; and
(B) creating Department procedures and
infrastructure to receive and fix discovered
vulnerabilities.
(2) Requirements.--In establishing the VDP pursuant to
paragraph (1), the Secretary shall--
(A) identify which Department information
technology should be included in the process;
(B) determine whether the process should
differentiate among and specify the types of security
vulnerabilities that may be targeted;
(C) provide a readily available means of reporting
discovered security vulnerabilities and the form in
which such vulnerabilities should be reported;
(D) identify which Department offices and positions
will be responsible for receiving, prioritizing, and
addressing security vulnerability disclosure reports;
(E) consult with the Attorney General regarding how
to ensure that individuals, organizations, and
companies that comply with the requirements of the
process are protected from prosecution under section
1030 of title 18, United States Code, and similar
provisions of law for specific activities authorized
under the process;
(F) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 Vulnerability Disclosure Program,
``Hack the Pentagon'', and subsequent Department of
Defense bug bounty programs;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the
structure of the process as constructive and to the
extent practicable; and
(H) award contracts to entities, as necessary, to
manage the process and implement the remediation of
discovered security vulnerabilities.
(3) Annual reports.--Not later than 180 days after the
establishment of the VDP under paragraph (1) and annually
thereafter for the next 5 years, the Secretary of State shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on the VDP, including information relating to
the following:
(A) The number and severity, in accordance with the
National Vulnerabilities Database of the National
Institute of Standards and Technology, of security
vulnerabilities reported.
(B) The number of previously unidentified security
vulnerabilities remediated as a result.
(C) The current number of outstanding previously
unidentified security vulnerabilities and Department of
State remediation plans.
(D) The average length of time between the
reporting of security vulnerabilities and remediation
of such vulnerabilities.
(E) The resources, surge staffing, roles, and
responsibilities within the Department used to
implement the VDP and complete security vulnerability
remediation.
(F) Any other information the Secretary determines
relevant.
(c) Department of State Bug Bounty Pilot Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall establish a bug
bounty pilot program to minimize security vulnerabilities of
internet-facing information technology of the Department.
(2) Requirements.--In establishing the pilot program
described in paragraph (1), the Secretary shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the
websites, applications, and other internet-facing
information technology of the Department that are
accessible to the public;
(B) award contracts to entities, as necessary, to
manage such pilot program and for executing the
remediation of security vulnerabilities identified
pursuant to subparagraph (A);
(C) identify which Department information
technology should be included in such pilot program;
(D) consult with the Attorney General on how to
ensure that individuals, organizations, or companies
that comply with the requirements of such pilot program
are protected from prosecution under section 1030 of
title 18, United States Code, and similar provisions of
law for specific activities authorized under such pilot
program;
(E) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 ``Hack the Pentagon'' pilot program
and subsequent Department of Defense bug bounty
programs;
(F) develop a process by which an approved
individual, organization, or company can register with
the entity referred to in subparagraph (B), submit to a
background check as determined by the Department, and
receive a determination as to eligibility for
participation in such pilot program;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the
structure of such pilot program as constructive and to
the extent practicable; and
(H) consult with relevant United States Government
officials to ensure that such pilot program complements
persistent network and vulnerability scans of the
Department of State's internet-accessible systems, such
as the scans conducted pursuant to Binding Operational
Directive BOD-15-01.
(3) Duration.--The pilot program established under
paragraph (1) should be short-term in duration and not last
longer than 1 year.
(4) Report.--Not later than 180 days after the date on
which the bug bounty pilot program under subsection (a) is
completed, the Secretary shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report on such pilot
program, including information relating to--
(A) the number of approved individuals,
organizations, or companies involved in such pilot
program, broken down by the number of approved
individuals, organizations, or companies that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities;
and
(iv) received compensation;
(B) the number and severity, in accordance with the
National Vulnerabilities Database of the National
Institute of Standards and Technology, of security
vulnerabilities reported as part of such pilot program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such pilot
program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(E) the average length of time between the
reporting of security vulnerabilities and remediation
of such vulnerabilities;
(F) the types of compensation provided under such
pilot program; and
(G) the lessons learned from such pilot program.
TITLE VI--PUBLIC DIPLOMACY
SEC. 14601. SHORT TITLE.
This title may be cited as the ``Public Diplomacy Modernization Act
of 2020''.
SEC. 14602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of efforts
across public diplomacy bureaus and offices of the Department;
and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 14603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary, acting
through the Director of Research and Evaluation appointed pursuant to
subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department, including
through the routine use of audience research, digital
analytics, and impact evaluations, to plan and execute such
programs and activities; and
(2) make available to Congress the findings of the research
and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall appoint a
Director of Research and Evaluation (referred to in this
subsection as the ``Director'') in the Office of Policy,
Planning, and Resources for Public Diplomacy and Public Affairs
of the Department.
(2) Limitation on appointment.--The appointment of the
Director pursuant to paragraph (1) shall not result in an
increase in the overall full-time equivalent positions within
the Department.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and
evaluation of public diplomacy programs and activities
of the Department in order to--
(i) improve public diplomacy strategies and
tactics; and
(ii) ensure that such programs and
activities are increasing the knowledge,
understanding, and trust of the United States
by relevant target audiences;
(B) routinely organize and oversee audience
research, digital analytics, and impact evaluations
across all public diplomacy bureaus and offices of the
Department;
(C) support United States diplomatic posts' public
affairs sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with
other appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized
research questions, methodologies, and procedures to
ensure that public diplomacy programs and activities
across all public diplomacy bureaus and offices are
designed to meet appropriate foreign policy objectives;
and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the
Subcommittee on Research and Evaluation established
pursuant to subsection (f), regarding the research and
evaluation of all public diplomacy bureaus and offices.
(4) Guidance and training.--Not later than 1 year after the
appointment of the Director pursuant to paragraph (1), the
Director shall develop guidance and training, including
curriculum for use by the Foreign Service Institute, for all
public diplomacy officers of the Department regarding the
reading and interpretation of public diplomacy program and
activity evaluation findings to ensure that such findings and
related lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and activities of
the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public Affairs
of the Department shall ensure that research and evaluation of
public diplomacy and activities of the Department, as
coordinated and overseen by the Director pursuant to subsection
(b), supports strategic planning and resource allocation across
all public diplomacy bureaus and offices of the Department.
(2) Allocation of resources.--Amounts allocated for the
purpose of research and evaluation of public diplomacy programs
and activities of the Department pursuant to subsection (b)
shall be made available to be disbursed at the direction of the
Director of Research and Evaluation among the research and
evaluation staff across all public diplomacy bureaus and
offices of the Department.
(3) Sense of congress.--It is the sense of Congress that
the Department should gradually increase its allocation of
funds made available under the headings ``Educational and
Cultural Exchange Programs'' and ``Diplomatic Programs'' for
research and evaluation of public diplomacy programs and
activities of the Department pursuant to subsection (b) to a
percentage of program funds that is commensurate with Federal
Government best practices.
(d) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department shall maintain, collect,
use, and disseminate records (as such term is defined in
section 552a(a)(4) of title 5, United States Code) for audience
research, digital analytics, and impact evaluation of
communications related to public diplomacy efforts intended for
foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of
this subsection; and
(B) carried out with due regard for privacy and
civil liberties guidance and oversight.
(e) United States Advisory Commission on Public Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall establish
a Subcommittee on Research and Evaluation to monitor and advise
regarding audience research, digital analytics, and impact
evaluations carried out by the Department and the United States
Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall submit
to the appropriate congressional committees an annual report,
in conjunction with the United States Advisory Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the United States Agency for
Global Media, describing all actions taken by the Subcommittee
pursuant to paragraph (1) and any findings made as a result of
such actions.
SEC. 14604. PERMANENT REAUTHORIZATION OF THE UNITED STATES ADVISORY
COMMISSION ON PUBLIC DIPLOMACY.
Section 1334 of the Foreign Affairs Reform and Restructuring Act of
1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset'' and
inserting ``continuation''; and
(2) by striking ``until October 1, 2020''.
SEC. 14605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall establish a
working group to explore the possibilities and cost-benefit analysis of
transitioning to a shared services model as such pertains to human
resources, travel, purchasing, budgetary planning, and all other
executive support functions for all bureaus of the Department that
report to the Under Secretary for Public Diplomacy of the Department.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a plan to implement any such findings of the
working group established under subsection (a).
SEC. 14606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall adopt, and include
in the Foreign Affairs Manual, guidelines to collect and utilize
information from each diplomatic post at which the construction of a
new embassy compound or new consulate compound would result in the
closure or co-location of an American Space, American Center, American
Corner, or any other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).
(b) Requirements.--The guidelines required by subsection (a) shall
include the following:
(1) Standardized notification to each chief of mission at a
diplomatic post describing the requirements of the Secure
Embassy Construction and Counterterrorism Act of 1999 and the
impact on the mission footprint of such requirements.
(2) An assessment and recommendations from each chief of
mission of potential impacts to public diplomacy programming at
such diplomatic post if any public diplomacy facility referred
to in subsection (a) is closed or staff is co-located in
accordance with such Act.
(3) A process by which assessments and recommendations
under paragraph (2) are considered by the Secretary and the
appropriate Under Secretaries and Assistant Secretaries of the
Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy compound
or new consulate compound design, of the intent to close any
such public diplomacy facility or co-locate public diplomacy
staff in accordance with such Act.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees a report containing the guidelines required
under subsection (a) and any recommendations for any modifications to
such guidelines.
SEC. 14607. DEFINITIONS.
In this title:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or the outset of campaign planning and design regarding
specific audience segments to understand the attitudes,
interests, knowledge, and behaviors of such audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted by
a public diplomacy program or campaign that can be attributed
to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with respect to
the Department, the following:
(A) The Bureau of Educational and Cultural Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and Resources
for Public Diplomacy and Public Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the
regional and functional bureaus.
TITLE VII--COMBATING PUBLIC CORRUPTION
SEC. 14701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help foreign countries promote good governance and
combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign countries and
enhance such countries' ability to combat public corruption;
(3) the Department should promote coordination among the
Federal departments and agencies implementing programs to
promote good governance and combat public corruption in foreign
countries in order to improve effectiveness and efficiency; and
(4) the Department should identify areas in which United
States efforts to help other countries promote good governance
and combat public corruption could be enhanced.
SEC. 14702. ANNUAL ASSESSMENT.
(a) In General.--For each of fiscal years 2021 through 2027, the
Secretary shall assess the capacity and commitment of foreign countries
to combat public corruption. Each such assessment shall--
(1) utilize independent, third party indicators that
measure transparency, accountability, and corruption in the
public sector in such countries, including the extent to which
public power is exercised for private gain, to identify those
countries that are most vulnerable to public corruption;
(2) consider, to the extent reliable information is
available, whether the government of a country identified under
paragraph (1)--
(A) has adopted measures to prevent public
corruption, such as measures to inform and educate the
public, including potential victims, about the causes
and consequences of public corruption;
(B) has enacted laws and established government
structures, policies, and practices that prohibit
public corruption;
(C) enforces such laws through a fair judicial
process;
(D) vigorously investigates, prosecutes, convicts,
and sentences public officials who participate in or
facilitate public corruption, including nationals of
such country who are deployed in foreign military
assignments, trade delegations abroad, or other similar
missions who engage in or facilitate public corruption;
(E) prescribes appropriate punishment for serious,
significant corruption that is commensurate with the
punishment prescribed for serious crimes;
(F) prescribes appropriate punishment for
significant corruption that provides a sufficiently
stringent deterrent and adequately reflects the nature
of the offense;
(G) convicts and sentences persons responsible for
such acts that take place wholly or partly within the
country of such government, including, as appropriate,
requiring the incarceration of individuals convicted of
such acts;
(H) holds private sector representatives
accountable for their role in public corruption; and
(I) addresses threats for civil society to monitor
anti-corruption efforts; and
(3) further consider--
(A) verifiable measures taken by the government of
a country identified under paragraph (1) to prohibit
government officials from participating in,
facilitating, or condoning public corruption, including
the investigation, prosecution, and conviction of such
officials;
(B) the extent to which such government provides
access, or, as appropriate, makes adequate resources
available, to civil society organizations and other
institutions to combat public corruption, including
reporting, investigating, and monitoring;
(C) the extent to which an independent judiciary or
judicial body in such country is responsible for, and
effectively capable of, deciding public corruption
cases impartially, on the basis of facts and in
accordance with law, without any improper restrictions,
influences, inducements, pressures, threats, or
interferences, whether direct or indirect, from any
source or for any reason;
(D) the extent to which such government cooperates
meaningfully with the United States to strengthen
government and judicial institutions and the rule of
law to prevent, prohibit, and punish public corruption;
(E) the extent to which such government--
(i) is assisting in international
investigations of transnational public
corruption networks and in other cooperative
efforts to combat serious, significant
corruption, including cooperating with the
governments of other countries to extradite
corrupt actors;
(ii) recognizes the rights of victims of
public corruption, ensures their access to
justice, and takes steps to prevent such
victims from being further victimized or
persecuted by corrupt actors, government
officials, or others; and
(iii) refrains from prosecuting legitimate
victims of public corruption or whistleblowers
due to such persons having assisted in exposing
public corruption, and refrains from other
discriminatory treatment of such persons; and
(F) contain such other information relating to
public corruption as the Secretary considers
appropriate.
(b) Identification.--After conducting each assessment under
subsection (a), the Secretary shall identify the countries described in
paragraph (1) of such subsection that are--
(1) meeting minimum standards to combat public corruption;
(2) not meeting such minimum standards but making
significant efforts to do so; and
(3) neither meeting such minimum standards nor making
significant efforts to do so.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter through fiscal year 2026,
the Secretary shall submit to the appropriate congressional committees
and make publicly available a report that identifies the countries
described in subsection (a)(1) and paragraphs (2) and (3) of subsection
(b), including a description of the methodology and data utilized in
the assessments under subsection (a) and the reasons for such
identifications.
(d) Briefing in Lieu of Report.--The Secretary may waive the
requirement to submit and make publicly available a written report
under subsection (c) if the Secretary--
(1) determines that publication of such report would--
(A) undermine existing United States anti-
corruption efforts in one or more countries; or
(B) threaten the national interests of the United
States; and
(2) provides a briefing to the appropriate congressional
committees that identifies the countries described in
subsection (a)(1) and paragraphs (2) and (3) of subsection (b),
including a description of the methodology and data utilized in
the assessment under subsection (a) and the reasons for such
identifications.
SEC. 14703. TRANSPARENCY AND ACCOUNTABILITY.
For each country identified under paragraphs (2) and (3) of section
14702(b), the Secretary, in coordination with the Administrator of the
United States Agency for International Development, as appropriate,
shall--
(1) ensure that a corruption risk assessment and mitigation
strategy is included in the integrated country strategy for
such country; and
(2) utilize appropriate mechanisms to combat corruption in
such countries, including by ensuring--
(A) the inclusion of anti-corruption clauses in
contracts, grants, and cooperative agreements entered
into by the Department or the Agency for or in such
countries, which allow for the termination of such
contracts, grants, or cooperative agreements, as the
case may be, without penalty if credible indicators of
public corruption are discovered;
(B) the inclusion of appropriate clawback or
flowdown clauses within the procurement instruments of
the Department and the Agency that provide for the
recovery of funds misappropriated through corruption;
(C) the appropriate disclosure to the United States
Government, in confidential form, if necessary, of the
beneficial ownership of contractors, subcontractors,
grantees, cooperative agreement participants, and other
organizations implementing programs on behalf of the
Department or Agency; and
(D) the establishment of mechanisms for
investigating allegations of misappropriated resources
and equipment.
SEC. 14704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.
(a) In General.--The Secretary shall annually designate an anti-
corruption point of contact at the United States diplomatic post to
each country identified under paragraphs (2) and (3) of section
14702(b), or which the Secretary otherwise determines is in need of
such a point of contact.
(b) Responsibilities.--Each designated anti-corruption point of
contact under subsection (a) shall be responsible for coordinating and
overseeing implementation of a whole-of-government approach among the
relevant Federal departments and agencies that operate programs that
promote good governance in foreign countries and enhance such
countries' ability to combat public corruption in order to accomplish
such objectives in the country to which such point of contact is
posted, including through the development and implementation of
corruption risk assessment tools and mitigation strategies.
(c) Training.--The Secretary shall implement appropriate training
for designated anti-corruption points of contact under subsection (a).
SEC. 14705. REPORTING REQUIREMENTS.
(a) Annual Report.--
(1) In general.--The Secretary shall, for each of fiscal
years 2021 through 2026, submit to the appropriate
congressional committees a report on implementation of this
title, including a description of the following:
(A) The offices within the Department and the
United States Agency for International Development that
are engaging in significant anti-corruption activities.
(B) The findings and actions of designated anti-
corruption points of contact to develop and implement
risk mitigation strategies and ensure compliance with
section 14703.
(C) The training implemented under section
14704(c).
(D) Management of the whole-of-government effort
referred to in section 14704(b) to combat corruption
within the countries identified in section 14702 and
efforts to improve coordination across Federal
departments and agencies.
(E) The risk assessment tools and mitigation
strategies utilized by the Department and the Agency.
(F) Other information determined by the Secretary
to be necessary and appropriate.
(2) Form of report.--Each report under this subsection
shall be submitted in an unclassified format but may include a
classified annex.
(b) Online Platform.--The Secretary shall consolidate existing
reports with anti-corruption components into one online, public
platform, which should--
(1) include--
(A) the annual Country Reports on Human Rights
Practices;
(B) the annual Fiscal Transparency Report;
(C) the annual Investment Climate Statements;
(D) the annual International Narcotics Control
Strategy Report;
(E) the Country Scorecards of the Millennium
Challenge Corporation; and
(F) any other relevant public reports; and
(2) link to third-party indicators and compliance
mechanisms used by the United States Government to inform
policy and programming, such as--
(A) the International Finance Corporation's Doing
Business surveys;
(B) the International Budget Partnership's Open
Budget Index; and
(C) multilateral peer review anti-corruption
compliance mechanisms, such as the Organization for
Economic Co-operation and Development's Working Group
on Bribery in International Business Transactions and
the United Nations Convention Against Corruption, done
at New York October 31, 2003, to further highlight
expert international views on country challenges and
country efforts.
(c) Training.--The Secretary and the Administrator of the United
States Agency for International Development shall incorporate anti-
corruption components into existing Foreign Service and Civil Service
training courses to--
(1) increase the ability of Department and Agency personnel
to support anti-corruption as a foreign policy priority; and
(2) strengthen the ability of such personnel to design,
implement, and evaluate more effective anti-corruption
programming around the world, including enhancing skills to
better evaluate and mitigate public corruption risks in
assistance programs.
SEC. 14706. FOREIGN INVESTMENTS AND NATIONAL SECURITY.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act and biennially thereafter for the following 5
years, the Secretary, in consultation with the Secretary of the
Treasury, the Director of National Intelligence, and the heads of other
agencies, as appropriate, shall submit to Congress an interagency
strategy to work with foreign governments and multilateral institutions
to guard against the risks of certain transactions involving foreign
investments.
(b) Contents.--Each interagency strategy under paragraph (1) shall
include plans relating to the following:
(1) Information sharing with foreign governments and
multilateral institutions regarding risks associated with
potential foreign investments.
(2) Promoting American and other alternatives to foreign
investments identified as presenting substantial risk to the
national security or sovereignty of a country.
(3) Providing technical assistance to foreign governments
or multilateral institutions regarding screening foreign
investments.
(4) Designating points of contact at each United States
mission to foreign governments and multilateral institutions,
and in associated regional bureaus, to coordinate efforts
described in this paragraph.
(c) Coordination.--If the Secretary determines such is appropriate,
the designated points of contact referred to in subsection (b)(4) may
be the same individual designated under section 14704(a).
TITLE VIII--MISCELLANEOUS
SEC. 14801. CASE-ZABLOCKI ACT REFORM.
Section 112b of title 1, United States Code, is amended--
(1) in subsection (a), by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs''; and
(2) by amending subsection (b) to read as follows:
``(b) Each department or agency of the United States Government
that enters into any international agreement described in subsection
(a) on behalf of the United States, shall designate a Chief
International Agreements Officer, who--
``(1) shall be a current employee of such department or
agency;
``(2) shall serve concurrently as Chief International
Agreements Officer; and
``(3) subject to the authority of the head of such
department or agency, shall have department or agency-wide
responsibility for efficient and appropriate compliance with
subsection (a) to transmit the text of any international
agreement to the Department of State expeditiously after such
agreement has been signed.''.
SEC. 14802. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following:
``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate, that
assistance for such country is in the national interest of the
United States.''; and
(5) by adding at the end the following:
``(2) No assistance shall be furnished under this Act, the
Peace Corps Act, the Millennium Challenge Act of 2003, the
African Development Foundation Act, the BUILD Act of 2018,
section 504 of the FREEDOM Support Act, or section 23 of the
Arms Export Control Act to the government of any country which
is in default during a period in excess of 1 calendar year in
payment to the United States of principal or interest or any
loan made to the government of such country by the United
States unless the President determines, following consultation
with the congressional committees specified in paragraph (1),
that assistance for such country is in the national interest of
the United States.''.
SEC. 14803. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM.
(a) Prohibition.--Subsection (a) of section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371) is amended by striking ``that
the government of that country'' and all that follows and inserting
``that the government of that country--
``(1) has repeatedly provided support for acts of
international terrorism;
``(2) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism;
``(3) otherwise supports international terrorism; or
``(4) is controlled by an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).''.
(b) Rescission.--Subsection (c) of such section is amended by
striking ``and the Chairman of the Committee on Foreign Relations of
the Senate'' and inserting ``, the Committee on Foreign Affairs of the
House of Representatives, the Committee on Foreign Relations of the
Senate, and the Committees on Appropriations of the House of
Representatives and the Senate''.
(c) Waiver.--Subsection (d)(2) of such section is amended by
striking ``and the chairman of the Committee on Foreign Relations of
the Senate'' and inserting ``, the Committee on Foreign Affairs of the
House of Representatives, the Committee on Foreign Relations of the
Senate, and the Committees on Appropriations of the House of
Representatives and the Senate''.
(d) Prohibition on Lethal Military Equipment Exports.--Such
section, as so amended, is further amended by adding at the end the
following:
``(e) Prohibition on Lethal Military Equipment Exports.--
``(1) Prohibition.--
``(A) In general.--The United States shall not
provide any assistance under this Act or section 23 of
the Arms Export Control Act to any foreign government
that provides lethal military equipment to a country
the government of which the Secretary of State has
determined supports international terrorism for
purposes of section 1754(c) of the Export Control
Reform Act of 2018.
``(B) Termination.--The prohibition on assistance
under subparagraph (A) with respect to a foreign
government shall terminate 12 months after such
government ceases to provide the lethal military
equipment described in such subparagraph.
``(C) Applicability.--This subsection applies with
respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
``(2) Waiver.--The President may waive the prohibition on
assistance under paragraph (1) with respect to a foreign
government if the President determines that to do so is
important to the national interest of the United States.
``(3) Report.--Upon the exercise of the waiver authority
pursuant to paragraph (2), the President shall submit to the
appropriate congressional committees a report with respect to
the furnishing of assistance under the waiver authority,
including--
``(A) a detailed explanation of the assistance to
be provided;
``(B) the estimated dollar amount of such
assistance; and
``(C) an explanation of how the assistance furthers
the national interest of the United States.
``(4) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
``(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.''.
SEC. 14804. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION AND
RETURN ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014 (22
U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after
``access cases''; and
(ii) by inserting ``and the number of
children involved'' before the semicolon at the
end;
(B) in subparagraph (D), by inserting
``respectively, the number of children involved,''
after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon at the
end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children
involved for each country and as a total for all countries.''.
SEC. 14805. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE
PRESERVATION OF AMERICA'S HERITAGE ABROAD.
(a) In General.--Chapter 3123 of title 54, United States Code, is
amended as follows:
(1) In section 312302, by inserting ``, and unimpeded
access to those sites,'' after ``and historic buildings''.
(2) In section 312304(a)--
(A) in paragraph (2)--
(i) by striking ``and historic buildings''
and inserting ``and historic buildings, and
unimpeded access to those sites''; and
(ii) by striking ``and protected'' and
inserting ``, protected, and made accessible'';
and
(B) in paragraph (3), by striking ``and
protecting'' and inserting ``, protecting, and making
accessible''.
(3) In section 312305, by inserting ``and to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate'' after
``President''.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Commission for the Preservation of America's Heritage
Abroad shall submit to the President and to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report that contains an evaluation of the
extent to which the Commission is prepared to continue its activities
and accomplishments with respect to the foreign heritage of United
States citizens from eastern and central Europe, were the Commission's
duties and powers extended to include other regions, including the
Middle East and North Africa, and any additional resources or personnel
the Commission would require.
SEC. 14806. CHIEF OF MISSION CONCURRENCE.
In the course of providing concurrence to the exercise of the
authority pursuant to section 127e of title 10, United State Code, or
section 1202 of the National Defense Authorization Act for Fiscal Year
2018--
(1) each relevant chief of mission shall inform and consult
in a timely manner with relevant individuals at relevant
missions or bureaus of the Department of State; and
(2) the Secretary of State shall take such steps as may be
necessary to ensure that such relevant individuals have the
security clearances necessary to so consult in a timely manner
with respect to such concurrence.
DIVISION J--COMBATING RUSSIAN MONEY LAUNDERING
SEC. 15001. SHORT TITLE.
This division may be cited as the ``Combating Russian Money
Laundering Act''.
SEC. 15002. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) protect the United States financial sector from abuse
by malign actors; and
(2) use all available financial tools to counter
adversaries.
SEC. 15003. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the efforts of the Government of the Russian
Federation, Russian state-owned enterprises, and Russian
oligarchs to move and disguise the source, ownership, location,
or control of illicit funds or value constitute money
laundering;
(2) money laundering assists in the Russian Government's
political and economic influence and destabilization
operations, which in turn affect the United States and European
democracy, national security, and rule of law;
(3) the Secretary of the Treasury should determine whether
Russia and the financial institutions through which the Russian
Government, political leaders, state-owned enterprises, and
oligarchs launder money are of primary money laundering
concern; and
(4) the Secretary of the Treasury should consider the need
for financial institutions and other obligated entities to
apply enhanced due diligence measures to transactions with the
Russian Government, political leaders, state-owned enterprises,
and financial institutions.
SEC. 15004. DETERMINATION WITH RESPECT TO PRIMARY MONEY LAUNDERING
CONCERN OF RUSSIAN ILLICIT FINANCE.
(a) Determination.--If the Secretary of the Treasury determines
that reasonable grounds exist for concluding that one or more financial
or non-financial institutions operating outside of the United States,
or 1 or more classes of transactions within, or involving, a
jurisdiction outside of the United States, or 1 or more types of
accounts is of primary money laundering concern in connection with
Russian illicit finance, the Secretary of the Treasury may require
domestic financial institutions and domestic financial agencies to take
1 or more of the special measures described in section 5318A(b) of
title 31, United States Code by order, regulation, or otherwise as
permitted by law.
(b) Report Required.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary of the Treasury shall
submit to the Committees on Financial Services and Foreign
Affairs of the House of Representatives and the Committees on
Banking, Housing, and Urban Affairs and Foreign Relations of
the Senate a report on financial and non-financial institutions
operating outside of the United States, classes of
transactions, jurisdictions outside of the United States, and
accounts for which there are reasonable grounds to conclude are
of primary money laundering concern in connection with Russian
illicit finance.
(2) Contents.--The report required under paragraph (1)
shall also--
(A) identify any additional regulations, statutory
changes, enhanced due diligence, and reporting
requirements that are necessary to better identify,
prevent, and combat money laundering linked to Russia,
including related to--
(i) identifying the beneficial ownership of
anonymous companies;
(ii) strengthening current, or enacting
new, reporting requirements and customer due
diligence requirements for the real estate
sector, law firms, and other trust and
corporate service providers;
(iii) enhanced know-your-customer
procedures and screening for transactions
involving Russian political leaders, Russian
state-owned enterprises, and known Russian
transnational organized crime figures; and
(iv) establishing a permanent solution to
collecting information nationwide to track
ownership of real estate; and
(B) include data and case studies on the use of
financial and non-financial institutions, including
limited liability companies, real estate, law firms,
and electronic currencies, to move and disguise Russian
funds.
(3) Format.--The report required under this subsection
shall be made available to the public, including on the website
of the Department of the Treasury, but may contain a classified
annex and be accompanied by a classified briefing.
(c) Use of Report Information To Make Primary Money Laundering
Concern Determinations.--If applicable, the Secretary of the Treasury
shall use the information contained in the report issued under
subsection (b) to support findings that reasonable grounds exist for
concluding that a jurisdiction outside of the United States, 1 or more
financial institutions operating outside of the United States, 1 or
more classes of transactions within, or involving, a jurisdiction
outside of the United States, or 1 or more types of accounts is of
primary money laundering concern, in accordance with section 5318A of
title 31, United States Code.
(d) Sense of Congress on International Cooperation.--It is the
sense of the Congress that the Secretary of the Treasury and other
relevant cabinet members (such as the Secretary of State, Secretary of
Defense, Secretary of Homeland Security, and Attorney General) should
work jointly with European, E.U., and U.K. financial intelligence
units, trade transparency units, and appropriate law enforcement
authorities to present, both in the report required under subsection
(b) and in future analysis of suspicious transaction reports, cash
transaction reports, currency and monetary instrument reports, and
other relevant data to identify trends and assess risks in the movement
of illicit funds from Russia through the United States, British, and
European financial systems.
DIVISION K--KLEPTOCRACY ASSET RECOVERY REWARDS ACT
SEC. 16001. SHORT TITLE.
The division may be cited as the ``Kleptocracy Asset Recovery
Rewards Act''.
SEC. 16002. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The Stolen Asset Recovery Initiative (StAR), a World
Bank and United Nations anti-money-laundering effort, estimates
that between $20 billion to $40 billion has been lost to
developing countries annually through corruption.
(2) In 2014, more than $480 million in corruption proceeds
hidden in bank accounts around the world by former Nigerian
dictator Sani Abacha and his co-conspirators was forfeited
through efforts by the Department of Justice.
(3) In 2010, the Department of Justice established the
Kleptocracy Asset Recovery Initiative, to work in partnership
with Federal law enforcement agencies to forfeit the proceeds
of foreign official corruption and, where appropriate, return
those proceeds to benefit the people harmed by these acts of
corruption and abuse of office.
(4) Of the $20 billion to $40 billion lost by developing
countries annually through corruption, only about $5 billion
has been repatriated in the last 15 years.
(5) Governments weakened by corruption and loss of assets
due to corruption have fewer resources to devote to the fight
against terrorism and fewer resources to devote to building
strong financial, law enforcement, and judicial institutions to
aid in the fight against the financing of terrorism.
(6) The United States has a number of effective programs to
reward individuals who provide valuable information that assist
in the identification, arrest, and conviction of criminal
actors and their associates, as well as seizure and forfeiture
of illicitly derived assets and the proceeds of criminal
activity.
(7) The Internal Revenue Service has the Whistleblower
Program, which pays awards to individuals who provide specific
and credible information to the IRS if the information results
in the collection of taxes, penalties, interest or other
amounts from noncompliant taxpayers.
(8) The Department of State administers rewards programs on
international terrorism, illegal narcotics, and transnational
organized crime with the goal of bringing perpetrators to
justice.
(9) None of these existing rewards programs specifically
provide monetary incentives for identifying and recovering
stolen assets linked solely to foreign government corruption,
as opposed to criminal prosecutions or civil or criminal
forfeitures.
(10) The recovery of stolen assets linked to foreign
government corruption and the proceeds of such corruption may
not always involve a BSA violation or lead to a forfeiture
action. In such cases there would be no ability to pay rewards
under existing Treasury Department authorities.
(11) Foreign government corruption can take many forms but
typically entails government officials stealing,
misappropriating, or illegally diverting assets and funds from
their own government treasuries to enrich their personal wealth
directly through embezzlement or bribes to allow government
resources to be expended in ways that are not transparent and
may not either be necessary or be the result of open
competition. Corruption also includes situations where public
officials take bribes to allow government resources to be
expended in ways which are not transparent and may not be
necessary or the result of open competition. These corrupt
officials often use the United States and international
financial system to hide their stolen assets and the proceeds
of corruption.
(12) The individuals who come forward to expose foreign
governmental corruption and kleptocracy often do so at great
risk to their own safety and that of their immediate family
members and face retaliation from persons who exercise foreign
political or governmental power. Monetary rewards can provide a
necessary incentive to expose such corruption and provide a
financial means to provide for their well-being and avoid
retribution.
(b) Sense of Congress.--It is the sense of Congress that a
Department of the Treasury stolen asset recovery rewards program to
help identify and recover stolen assets linked to foreign government
corruption and the proceeds of such corruption hidden behind complex
financial structures is needed in order to--
(1) intensify the global fight against corruption; and
(2) serve United States efforts to identify and recover
such stolen assets, forfeit proceeds of such corruption, and,
where appropriate and feasible, return the stolen assets or
proceeds thereof to the country harmed by the acts of
corruption.
SEC. 16003. IN GENERAL.
(a) Department of the Treasury Kleptocracy Asset Recovery Rewards
Program.--Chapter 97 of title 31, United States Code, is amended by
adding at the end the following:
``Sec. 9706. Department of the Treasury Kleptocracy Asset Recovery
Rewards Program
``(a) Establishment.--
``(1) In general.--There is established in the Department
of the Treasury a program to be known as the `Kleptocracy Asset
Recovery Rewards Program' for the payment of rewards to carry
out the purposes of this section.
``(2) Purpose.--The rewards program shall be designed to
support U.S. Government programs and investigations aimed at
restraining, seizing, forfeiting, or repatriating stolen assets
linked to foreign government corruption and the proceeds of
such corruption.
``(3) Implementation.--The rewards program shall be
administered by, and at the sole discretion of, the Secretary
of the Treasury, in consultation, as appropriate, with the
Secretary of State, the Attorney General, and the heads of such
other departments and agencies as the Secretary may find
appropriate.
``(b) Rewards Authorized.--In the sole discretion of the Secretary
and in consultation, as appropriate, with the heads of other relevant
Federal departments or agencies, the Secretary may pay a reward to any
individual, or to any nonprofit humanitarian organization designated by
such individual, if that individual furnishes information leading to--
``(1) the restraining or seizure of stolen assets in an
account at a U.S. financial institution (including a U.S.
branch of a foreign financial institution), that come within
the United States, or that come within the possession or
control of any United States person;
``(2) the forfeiture of stolen assets in an account at a
U.S. financial institution (including a U.S. branch of a
foreign financial institution), that come within the United
States, or that come within the possession or control of any
United States person; or
``(3) where appropriate, the repatriation of stolen assets
in an account at a U.S. financial institution (including a U.S.
branch of a foreign financial institution), that come within
the United States, or that come within the possession or
control of any United States person.
``(c) Coordination.--
``(1) Procedures.--To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with
any other payment authorized by the Department of Justice or
other Federal law enforcement agencies for the obtaining of
information or other evidence, the Secretary of the Treasury,
in consultation with the Secretary of State, the Attorney
General, and the heads of such other agencies as the Secretary
may find appropriate, shall establish procedures for the
offering, administration, and payment of rewards under this
section, including procedures for--
``(A) identifying actions with respect to which
rewards will be offered;
``(B) the receipt and analysis of data; and
``(C) the payment of rewards and approval of such
payments.
``(2) Prior approval of the attorney general required.--
Before making a reward under this section in a matter over
which there is Federal criminal jurisdiction, the Secretary of
the Treasury shall obtain the written concurrence of the
Attorney General.
``(d) Payment of Rewards.--
``(1) Authorization of appropriations.--For the purpose of
paying rewards pursuant to this section, there is authorized to
be appropriated--
``(A) $450,000 for fiscal year 2020; and
``(B) for each fiscal year, any amount recovered in
stolen assets described under subsection (b) that the
Secretary determines is necessary to carry out this
program consistent with this section.
``(2) Limitation on annual payments.--Except as provided
under paragraph (3), the total amount of rewards paid pursuant
to this section may not exceed $25 million in any calendar
year.
``(3) Presidential authority.--The President may waive the
limitation under paragraph (2) with respect to a calendar year
if the President provides written notice of such waiver to the
appropriate committees of the Congress at least 30 days before
any payment in excess of such limitation is made pursuant to
this section.
``(4) Payments to be made first from stolen asset
amounts.--In paying any reward under this section, the
Secretary shall, to the extent possible, make such reward
payment--
``(A) first, from appropriated funds authorized
under paragraph (1)(B); and
``(B) second, from appropriated funds authorized
under paragraph (1)(A).
``(e) Limitations.--
``(1) Submission of information.--No award may be made
under this section based on information submitted to the
Secretary unless such information is submitted under penalty of
perjury.
``(2) Maximum amount.--No reward paid under this section
may exceed $5 million, unless the Secretary--
``(A) personally authorizes such greater amount in
writing;
``(B) determines that offer or payment of a reward
of a greater amount is necessary due to the exceptional
nature of the case; and
``(C) notifies the appropriate committees of the
Congress of such determination.
``(3) Approval.--
``(A) In general.--No reward amount may be paid
under this section without the written approval of the
Secretary.
``(B) Delegation.--The Secretary may not delegate
the approval required under subparagraph (A) to anyone
other than an Under Secretary of the Department of the
Treasury.
``(4) Protection measures.--If the Secretary determines
that the identity of the recipient of a reward or of the
members of the recipient's immediate family must be protected,
the Secretary shall take such measures in connection with the
payment of the reward as the Secretary considers necessary to
effect such protection.
``(5) Forms of reward payment.--The Secretary may make a
reward under this section in the form of a monetary payment.
``(f) Ineligibility, Reduction in, or Denial of Reward.--
``(1) Officer and employees.--An officer or employee of any
entity of Federal, State, or local government or of a foreign
government who, while in the performance of official duties,
furnishes information described under subsection (b) shall not
be eligible for a reward under this section.
``(2) Participating individuals.--If the claim for a reward
is brought by an individual who the Secretary has a reasonable
basis to believe knowingly planned, initiated, directly
participated in, or facilitated the actions that led to assets
of a foreign state or governmental entity being stolen,
misappropriated, or illegally diverted or to the payment of
bribes or other foreign governmental corruption, the Secretary
shall appropriately reduce, and may deny, such award. If such
individual is convicted of criminal conduct arising from the
role described in the preceding sentence, the Secretary shall
deny or may seek to recover any reward, as the case may be.
``(g) Report.--
``(1) In general.--Within 180 days of the enactment of this
section, and annually thereafter for 5 years, the Secretary
shall issue a report to the appropriate committees of the
Congress--
``(A) detailing to the greatest extent possible the
amount, location, and ownership or beneficial ownership
of any stolen assets that, on or after the date of the
enactment of this section, come within the United
States or that come within the possession or control of
any United States person;
``(B) discussing efforts being undertaken to
identify more such stolen assets and their owners or
beneficial owners; and
``(C) including a discussion of the interactions of
the Department of the Treasury with the international
financial institutions (as defined in section
1701(c)(2) of the International Financial Institutions
Act) to identify the amount, location, and ownership,
or beneficial ownership, of stolen assets held in
financial institutions outside the United States.
``(2) Exception for ongoing investigations.--The report
issued under paragraph (1) shall not include information
related to ongoing investigations.
``(h) Definitions.--For purposes of this section:
``(1) Appropriate committees of the congress.--The term
`appropriate committees of the Congress' means the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
``(2) Financial asset.--The term `financial asset' means
any funds, investments, or ownership interests, as defined by
the Secretary, that on or after the date of the enactment of
this section come within the United States or that come within
the possession or control of any United States person.
``(3) Foreign government corruption.--The term `foreign
government corruption' includes bribery of a foreign public
official, or the misappropriation, theft, or embezzlement of
public funds or property by or for the benefit of a foreign
public official.
``(4) Foreign public official.--The term `foreign public
official' includes any person who occupies a public office by
virtue of having been elected, appointed, or employed,
including any military, civilian, special, honorary, temporary,
or uncompensated official.
``(5) Immediate family member.--The term `immediate family
member', with respect to an individual, has the meaning given
the term `member of the immediate family' under section 36(k)
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708(k)).
``(6) Rewards program.--The term `rewards program' means
the program established in subsection (a)(1) of this section.
``(7) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(8) Stolen assets.--The term `stolen assets' means
financial assets within the jurisdiction of the United States,
constituting, derived from, or traceable to, any proceeds
obtained directly or indirectly from foreign government
corruption.''.
(b) Report on Disposition of Recovered Assets.--Within 360 days of
the enactment of this Act, the Secretary of the Treasury shall issue a
report to the appropriate committees of Congress (as defined under
section 9706(h) of title 31, United States Code) describing policy
choices and recommendations for disposition of stolen assets recovered
pursuant to section 9706 of title 31, United States Code.
(c) Table of Contents Amendment.--The table of contents for chapter
97 of title 31, United States Code, is amended by adding at the end the
following:
``9706. Department of the Treasury Kleptocracy Asset Recovery Rewards
Program.''.
DIVISION L--STOPPING TRAFFICKING, ILLICIT FLOWS, LAUNDERING, AND
EXPLOITATION
SEC. 17001. SHORT TITLE.
This division may be cited as the ``Stopping Trafficking, Illicit
Flows, Laundering, and Exploitation Act of 2020'' or the ``STIFLE Act
of 2020''.
SEC. 17002. FINDINGS.
The Congress finds the following:
(1) Trafficking is a national-security threat and an
economic drain of our resources.
(2) As the U.S. Department of the Treasury's recently
released ``2020 National Strategy for Combating Terrorist and
Other Illicit Financing'' concludes, ``While money laundering,
terrorism financing, and WMD proliferation financing differ
qualitatively and quantitatively, the illicit actors engaging
in these activities can exploit the same vulnerabilities and
financial channels.''.
(3) Among those are bad actors engaged in trafficking,
whether they trade in drugs, arms, cultural property, wildlife,
natural resources, counterfeit goods, organs, or, even, other
humans.
(4) Their illegal (or ``dark'') markets use similar and
sometimes related or overlapping methods and means to acquire,
move, and profit from their crimes.
(5) In a March 2017, report from Global Financial
Integrity, ``Transnational Crime and the Developing World'',
the global business of transnational crime was valued at $1.6
trillion to $2.2 trillion annually, resulting in crime,
violence, terrorism, instability, corruption, and lost tax
revenues worldwide.
SEC. 17003. GAO STUDY.
(a) Study.--The Comptroller General of the United States shall
carry out a study on--
(1) the major trafficking routes used by transnational
criminal organizations, terrorists, and others, and to what
extent the trafficking routes for people (including children),
drugs, weapons, cash, child sexual exploitation materials, or
other illicit goods are similar, related, or cooperative;
(2) commonly used methods to launder and move the proceeds
of trafficking;
(3) the types of suspicious financial activity that are
associated with illicit trafficking networks, and how financial
institutions identify and report such activity;
(4) the nexus between the identities and finances of
trafficked persons and fraud;
(5) the tools, guidance, training, partnerships,
supervision, or other mechanisms that Federal agencies,
including the Department of the Treasury's Financial Crimes
Enforcement Network, the Federal financial regulators, and law
enforcement, provide to help financial institutions identify
techniques and patterns of transactions that may involve the
proceeds of trafficking;
(6) what steps financial institutions are taking to detect
and prevent bad actors who are laundering the proceeds of
illicit trafficking, including data analysis, policies,
training procedures, rules, and guidance;
(7) what role gatekeepers, such as lawyers, notaries,
accountants, investment advisors, logistics agents, and trust
and company service providers, play in facilitating trafficking
networks and the laundering of illicit proceeds; and
(8) the role that emerging technologies, including
artificial intelligence, digital identity technologies,
blockchain technologies, virtual assets, and related exchanges
and online marketplaces, and other innovative technologies, can
play in both assisting with and potentially enabling the
laundering of proceeds from trafficking.
(b) Consultation.--In carrying out the study required under
subsection (a), the Comptroller General shall solicit feedback and
perspectives to the extent practicable from survivor and victim
advocacy organizations, law enforcement, research organizations,
private-sector organizations (including financial institutions and data
and technology companies), and any other organization or entity that
the Comptroller General determines appropriate.
(c) Report.--The Comptroller General shall issue one or more
reports to the Congress containing the results of the study required
under subsection (a). The first report shall be issued not later than
the end of the 15-month period beginning on the date of the enactment
of this Act. The reports shall contain--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) recommendations for any legislative or regulatory
changes necessary to combat trafficking or the laundering of
proceeds from trafficking.
DIVISION M--IMPROVING CORPORATE GOVERNANCE THROUGH DIVERSITY
SEC. 18001. SHORT TITLE.
This division may be cited as the ``Improving Corporate Governance
Through Diversity Act of 2020''.
SEC. 18002. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(s) Submission of Data Relating to Diversity.--
``(1) Definitions.--In this subsection--
``(A) the term `executive officer' has the meaning
given the term in section 230.501(f) of title 17, Code
of Federal Regulations, as in effect on the date of
enactment of this subsection; and
``(B) the term `veteran' has the meaning given the
term in section 101 of title 38, United States Code.
``(2) Submission of disclosure.--Each issuer required to
file an annual report under subsection (a) shall disclose in
any proxy statement and any information statement relating to
the election of directors filed with the Commission the
following:
``(A) Data, based on voluntary self-identification,
on the racial, ethnic, and gender composition of--
``(i) the board of directors of the issuer;
``(ii) nominees for the board of directors
of the issuer; and
``(iii) the executive officers of the
issuer.
``(B) The status of any member of the board of
directors of the issuer, any nominee for the board of
directors of the issuer, or any executive officer of
the issuer, based on voluntary self-identification, as
a veteran.
``(C) Whether the board of directors of the issuer,
or any committee of that board of directors, has, as of
the date on which the issuer makes a disclosure under
this paragraph, adopted any policy, plan, or strategy
to promote racial, ethnic, and gender diversity among--
``(i) the board of directors of the issuer;
``(ii) nominees for the board of directors
of the issuer; or
``(iii) the executive officers of the
issuer.
``(3) Alternative submission.--In any 1-year period in
which an issuer required to file an annual report under
subsection (a) does not file with the Commission a proxy
statement relating to the election of directors or an
information statement, the issuer shall disclose the
information required under paragraph (2) in the first annual
report of issuer that the issuer submits to the Commission
after the end of that 1-year period.
``(4) Annual report.--Not later than 18 months after the
date of the enactment of this subsection, and annually
thereafter, the Commission shall submit to the Committee on
Financial Services of the House of Representatives and to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and publish on the website of the Commission a report that
analyzes the information disclosed pursuant to paragraphs (1),
(2), and (3) and identifies any trends in such information.
``(5) Best practices.--
``(A) In general.--The Director of the Office of
Minority and Women Inclusion of the Commission shall,
not later than the end of the 3-year period beginning
on the date of the enactment of this subsection and
every 3 years thereafter, publish best practices for
compliance with this subsection.
``(B) Comments.--The Director of the Office of
Minority and Women Inclusion of the Commission may,
pursuant to subchapter II of chapter 5 of title 5,
United States Code, solicit public comments related to
the best practices published under subparagraph (A).''.
SEC. 18003. DIVERSITY ADVISORY GROUP.
(a) Establishment.--The Securities and Exchange Commission shall
establish a Diversity Advisory Group (the ``Advisory Group''), which
shall be composed of representatives from the government, academia, and
the private sector.
(b) Study and Recommendations.--The Advisory Group shall--
(1) carry out a study that identifies strategies that can
be used to increase gender, racial, and ethnic diversity among
members of boards of directors of issuers; and
(2) not later than 9 months after the establishment of the
Advisory Group, submit a report to the Commission, the
Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate that--
(A) describes any findings from the study conducted
pursuant to paragraph (1); and
(B) makes recommendations of strategies that
issuers could use to increase gender, racial, and
ethnic diversity among board members.
(c) Annual Report.--Not later than 1 year following the submission
of a report pursuant to subsection (b), and annually thereafter, the
Commission shall submit a report to the Committee on Financial Services
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate that describes the status of gender,
racial, and ethnic diversity among members of the board of directors of
issuers.
(d) Public Availability of Reports.--The Commission shall make all
reports of the Advisory Group available to issuers and the public,
including on the website of the Commission.
(e) Definitions.--For the purposes of this section:
(1) Issuer.--The term ``issuer'' has the meaning given the
term in section 3 of the Securities Exchange Act of 1934.
(2) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
DIVISION N--BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2019
SEC. 19001. SHORT TITLE.
This division may be cited as the ``Banking Transparency for
Sanctioned Persons Act of 2019''.
SEC. 19002. REPORT ON FINANCIAL SERVICES BENEFITTING STATE SPONSORS OF
TERRORISM, HUMAN RIGHTS ABUSERS, AND CORRUPT OFFICIALS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
the Treasury shall issue a report to the Committees on Financial
Services and Foreign Affairs of the House of Representatives and the
Committees on Banking, Housing, and Urban Affairs and Foreign Relations
of the Senate that includes--
(1) a copy of any license issued by the Secretary in the
preceding 180 days that authorizes a financial institution to
provide financial services benefitting a state sponsor of
terrorism; and
(2) a list of any foreign financial institutions that, in
the preceding 180 days, knowingly conducted a significant
transaction or transactions, directly or indirectly, for a
sanctioned person included on the Department of the Treasury's
Specially Designated Nationals And Blocked Persons List who--
(A) is owned or controlled by, or acts on behalf
of, the government of a state sponsor of terrorism; or
(B) is designated pursuant to any of the following:
(i) Section 404 of the Russia and Moldova
Jackson-Vanik Repeal and Sergei Magnitsky Rule
of Law Accountability Act of 2012 (Public Law
112-208).
(ii) Subtitle F of title XII of the
National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328, the Global
Magnitsky Human Rights Accountability Act).
(iii) Executive Order No. 13818.
(b) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form but may contain a classified annex.
SEC. 19003. WAIVER.
The Secretary of the Treasury may waive the requirements of section
19002 with respect to a foreign financial institution described in
paragraph (2) of such section--
(1) upon receiving credible assurances that the foreign
financial institution has ceased, or will imminently cease, to
knowingly conduct any significant transaction or transactions,
directly or indirectly, for a person described in subparagraph
(A) or (B) of such paragraph (2); or
(2) upon certifying to the Committees on Financial Services
and Foreign Affairs of the House of Representatives and the
Committees on Banking, Housing, and Urban Affairs and Foreign
Relations of the Senate that the waiver is important to the
national interest of the United States, with an explanation of
the reasons therefor.
SEC. 19004. DEFINITIONS.
For purposes of this division:
(1) Financial institution.--The term ``financial
institution'' means a United States financial institution or a
foreign financial institution.
(2) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term under
section 561.308 of title 31, Code of Federal Regulations.
(3) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) United states financial institution.--The term ``United
States financial institution'' has the meaning given the term
``U.S. financial institution'' under section 561.309 of title
31, Code of Federal Regulations.
SEC. 19005. SUNSET.
The reporting requirement under this division shall terminate on
the date that is the end of the 7-year period beginning on the date of
the enactment of this Act.
DIVISION O--PUBLIC LANDS
SEC. 20001. SHORT TITLE.
This division may be cited as the ``Protecting America's Wilderness
Act''.
TITLE I--COLORADO WILDERNESS
SEC. 20101. SHORT TITLE; DEFINITION.
(a) Short Title.--This title may be cited as the ``Colorado
Wilderness Act of 2020''.
(b) Secretary Defined.--As used in this title, the term
``Secretary'' means the Secretary of the Interior or the Secretary of
Agriculture, as appropriate.
SEC. 20102. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM IN THE
STATE OF COLORADO.
(a) Additions.--Section 2(a) of the Colorado Wilderness Act of 1993
(Public Law 103-77; 107 Stat. 756; 16 U.S.C. 1132 note) is amended by
adding at the end the following paragraphs:
``(23) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 316 acres, as generally depicted on a map titled
`Maroon Bells Addition Proposed Wilderness', dated July 20,
2018, which is hereby incorporated in and shall be deemed to be
a part of the Maroon Bells-Snowmass Wilderness Area designated
by Public Law 88-577.
``(24) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management, which comprise approximately
38,217 acres, as generally depicted on a map titled `Redcloud &
Handies Peak Proposed Wilderness', dated October 9, 2019, which
shall be known as the Redcloud Peak Wilderness.
``(25) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management or located in the Grand Mesa,
Uncompahgre, and Gunnison National Forests, which comprise
approximately 26,734 acres, as generally depicted on a map
titled `Redcloud & Handies Peak Proposed Wilderness', dated
October 9, 2019, which shall be known as the Handies Peak
Wilderness.
``(26) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management, which comprise
approximately 16,481 acres, as generally depicted on a map
titled `Table Mountain & McIntyre Hills Proposed Wilderness',
dated November 7, 2019, which shall be known as the McIntyre
Hills Wilderness.
``(27) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 10,282 acres, as generally depicted on a map
titled `Grand Hogback Proposed Wilderness', dated October 16,
2019, which shall be known as the Grand Hogback Wilderness.
``(28) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 25,624 acres, as generally depicted on a map
titled `Demaree Canyon Proposed Wilderness', dated October 9,
2019, which shall be known as the Demaree Canyon Wilderness.
``(29) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 28,279 acres, as generally depicted on a map
titled `Little Books Cliff Proposed Wilderness', dated October
9, 2019, which shall be known as the Little Bookcliffs
Wilderness.
``(30) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 14,886 acres, as generally depicted on a map
titled `Bull Gulch & Castle Peak Proposed Wilderness', dated
January 29, 2020, which shall be known as the Bull Gulch
Wilderness.
``(31) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 12,016 acres, as generally depicted on a map
titled `Bull Gulch & Castle Peak Proposed Wilderness Areas',
dated January 29, 2020, which shall be known as the Castle Peak
Wilderness.''.
(b) Further Additions.--The following lands in the State of
Colorado administered by the Bureau of Land Management or the United
States Forest Service are hereby designated as wilderness and,
therefore, as components of the National Wilderness Preservation
System:
(1) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management or located in the
White River National Forest, which comprise approximately
19,240 acres, as generally depicted on a map titled
``Assignation Ridge Proposed Wilderness'', dated November 12,
2019, which shall be known as the Assignation Ridge Wilderness.
(2) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 23,116
acres, as generally depicted on a map titled ``Badger Creek
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Badger Creek Wilderness.
(3) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 35,251
acres, as generally depicted on a map titled ``Beaver Creek
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Beaver Creek Wilderness.
(4) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or the Bureau of Reclamation
or located in the Pike and San Isabel National Forests, which
comprise approximately 32,884 acres, as generally depicted on a
map titled ``Grape Creek Proposed Wilderness'', dated November
7, 2019, which shall be known as the Grape Creek Wilderness.
(5) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 13,351 acres, as generally depicted on a map
titled ``North & South Bangs Canyon Proposed Wilderness'',
dated October 9, 2019, which shall be known as the North Bangs
Canyon Wilderness.
(6) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 5,144 acres, as generally depicted on a map
titled ``North & South Bangs Canyon Proposed Wilderness'',
dated October 9, 2019, which shall be known as the South Bangs
Canyon Wilderness.
(7) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 26,624 acres, as generally depicted on a map
titled ``Unaweep & Palisade Proposed Wilderness'', dated
October 9, 2019, which shall be known as The Palisade
Wilderness.
(8) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management or located in the Grand
Mesa, Uncompaghre, and Gunnison National Forests, which
comprise approximately 19,776 acres, as generally depicted on a
map titled ``Unaweep & Palisade Proposed Wilderness'', dated
October 9, 2019, which shall be known as the Unaweep
Wilderness.
(9) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management and Uncompaghre Field
Office of the Bureau of Land Management and in the Manti-LaSal
National Forest, which comprise approximately 37,637 acres, as
generally depicted on a map titled ``Sewemup Mesa Proposed
Wilderness'', dated November 7, 2019, which shall be known as
the Sewemup Mesa Wilderness.
(10) Certain lands managed by the Kremmling Field Office of
the Bureau of Land Management, which comprise approximately 31
acres, as generally depicted on a map titled ``Platte River
Addition Proposed Wilderness'', dated July 20, 2018, and which
are hereby incorporated in and shall be deemed to be part of
the Platte River Wilderness designated by Public Law 98-550.
(11) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management, which comprise approximately
17,587 acres, as generally depicted on a map titled ``Roubideau
Proposed Wilderness'', dated October 9, 2019, which shall be
known as the Roubideau Wilderness.
(12) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management or located in the Grand Mesa,
Uncompaghre, and Gunnison National Forests, which comprise
approximately 12,102 acres, as generally depicted on a map
titled ``Norwood Canyon Proposed Wilderness'', dated November
7, 2019, which shall be known as the Norwood Canyon Wilderness.
(13) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
24,475 acres, as generally depicted on a map titled ``Papoose &
Cross Canyon Proposed Wilderness'', and dated January 29, 2020,
which shall be known as the Cross Canyon Wilderness.
(14) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
21,220 acres, as generally depicted on a map titled ``McKenna
Peak Proposed Wilderness'', dated October 16, 2019, which shall
be known as the McKenna Peak Wilderness.
(15) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
14,270 acres, as generally depicted on a map titled ``Weber-
Menefee Mountain Proposed Wilderness'', dated October 9, 2019,
which shall be known as the Weber-Menefee Mountain Wilderness.
(16) Certain lands managed by the Uncompahgre and Tres Rios
Field Offices of the Bureau of Land Management or the Bureau of
Reclamation, which comprise approximately 33,351 acres, as
generally depicted on a map titled ``Dolores River Canyon
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Dolores River Canyon Wilderness.
(17) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 17,922
acres, as generally depicted on a map titled ``Browns Canyon
Proposed Wilderness'', dated October 9, 2019, which shall be
known as the Browns Canyon Wilderness.
(18) Certain lands managed by the San Luis Field Office of
the Bureau of Land Management, which comprise approximately
10,527 acres, as generally depicted on a map titled ``San Luis
Hills Proposed Wilderness'', dated October 9, 2019 which shall
be known as the San Luis Hills Wilderness.
(19) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management, which comprise approximately
23,559 acres, as generally depicted on a map titled ``Table
Mountain & McIntyre Hills Proposed Wilderness'', dated November
7, 2019, which shall be known as the Table Mountain Wilderness.
(20) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management or located in the San Juan
National Forest, which comprise approximately 10,844 acres, as
generally depicted on a map titled ``North & South Ponderosa
Gorge Proposed Wilderness'', and dated January 31, 2020, which
shall be known as the North Ponderosa Gorge Wilderness.
(21) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management or located in the San Juan
National Forest, which comprise approximately 12,393 acres, as
generally depicted on a map titled ``North & South Ponderosa
Gorge Proposed Wilderness'', and dated January 31, 2020 which
shall be known as the South Ponderosa Gorge Wilderness.
(22) Certain lands managed by the Little Snake Field Office
of the Bureau of Land Management which comprise approximately
33,168 acres, as generally depicted on a map titled ``Diamond
Breaks Proposed Wilderness'', and dated January 31, 2020 which
shall be known as the Diamond Breaks Wilderness.
(23) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management which comprises approximately
4,782 acres, as generally depicted on the map titled ``Papoose
& Cross Canyon Proposed Wilderness'''', and dated January 29,
2020 which shall be known as the Papoose Canyon Wilderness.
(c) West Elk Addition.--Certain lands in the State of Colorado
administered by the Gunnison Field Office of the Bureau of Land
Management, the United States National Park Service, and the Bureau of
Reclamation, which comprise approximately 6,695 acres, as generally
depicted on a map titled ``West Elk Addition Proposed Wilderness'',
dated October 9, 2019, are hereby designated as wilderness and,
therefore, as components of the National Wilderness Preservation System
and are hereby incorporated in and shall be deemed to be a part of the
West Elk Wilderness designated by Public Law 88-577. The boundary
adjacent to Blue Mesa Reservoir shall be 50 feet landward from the
water's edge, and shall change according to the water level.
(d) Blue Mesa Reservoir.--If the Bureau of Reclamation determines
that lands within the West Elk Wilderness Addition are necessary for
future expansion of the Blue Mesa Reservoir, the Secretary shall by
publication of a revised boundary description in the Federal Register
revise the boundary of the West Elk Wilderness Addition.
(e) Maps and Descriptions.--As soon as practicable after the date
of enactment of the Act, the Secretary shall file a map and a boundary
description of each area designated as wilderness by this section with
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate. Each map
and boundary description shall have the same force and effect as if
included in this title, except that the Secretary may correct clerical
and typographical errors in the map or boundary description. The maps
and boundary descriptions shall be on file and available for public
inspection in the Office of the Director of the Bureau of Land
Management, Department of the Interior, and in the Office of the Chief
of the Forest Service, Department of Agriculture, as appropriate.
(f) State and Private Lands.--Lands within the exterior boundaries
of any wilderness area designated under this section that are owned by
a private entity or by the State of Colorado, including lands
administered by the Colorado State Land Board, shall be included within
such wilderness area if such lands are acquired by the United States.
Such lands may be acquired by the United States only as provided in the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 20103. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands designated
as wilderness by this title shall be managed by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
title, except that, with respect to any wilderness areas designated by
this title, any reference in the Wilderness Act to the effective date
of the Wilderness Act shall be deemed to be a reference to the date of
enactment of this Act.
(b) Grazing.--Grazing of livestock in wilderness areas designated
by this title shall be administered in accordance with the provisions
of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as
further interpreted by section 108 of Public Law 96-560, and the
guidelines set forth in appendix A of House Report 101-405 of the 101st
Congress.
(c) State Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title shall be
construed as affecting the jurisdiction or responsibilities of the
State of Colorado with respect to wildlife and fish in Colorado.
(d) Buffer Zones.--
(1) In general.--Nothing in this title creates a protective
perimeter or buffer zone around any area designated as
wilderness by this title.
(2) Activities outside wilderness.--The fact that an
activity or use on land outside the areas designated as
wilderness by this title can be seen or heard within the
wilderness shall not preclude the activity or use outside the
boundary of the wilderness.
(e) Military Helicopter Overflights and Operations.--
(1) In general.--Nothing in this title restricts or
precludes--
(A) low-level overflights of military helicopters
over the areas designated as wilderness by this title,
including military overflights that can be seen or
heard within any wilderness area;
(B) military flight testing and evaluation;
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes over any wilderness area; or
(D) helicopter operations at designated landing
zones within the potential wilderness areas established
by subsection (i)(1).
(2) Aerial navigation training exercises.--The Colorado
Army National Guard, through the High-Altitude Army National
Guard Aviation Training Site, may conduct aerial navigation
training maneuver exercises over, and associated operations
within, the potential wilderness areas designated by this
title--
(A) in a manner and degree consistent with the
memorandum of understanding dated August 4, 1987,
entered into among the Colorado Army National Guard,
the Bureau of Land Management, and the Forest Service;
or
(B) in a manner consistent with any subsequent
memorandum of understanding entered into among the
Colorado Army National Guard, the Bureau of Land
Management, and the Forest Service.
(f) Running Events.--The Secretary may continue to authorize
competitive running events currently permitted in the Redcloud Peak
Wilderness Area and Handies Peak Wilderness Area in a manner compatible
with the preservation of such areas as wilderness.
(g) Land Trades.--If the Secretary trades privately owned land
within the perimeter of the Redcloud Peak Wilderness Area or the
Handies Peak Wilderness Area in exchange for Federal land, then such
Federal land shall be located in Hinsdale County, Colorado.
(h) Recreational Climbing.--Nothing in this title prohibits
recreational rock climbing activities in the wilderness areas, such as
the placement, use, and maintenance of fixed anchors, including any
fixed anchor established before the date of the enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(i) Potential Wilderness Designations.--
(1) In general.--The following lands are designated as
potential wilderness areas:
(A) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 7,376 acres, as generally
depicted on a map titled ``Pisgah East & West Proposed
Wilderness'' and dated October 16, 2019, which, upon
designation as wilderness under paragraph (2), shall be
known as the Pisgah East Wilderness.
(B) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 6,828 acres, as generally
depicted on a map titled ``Pisgah East & West Proposed
Wilderness'' and dated October 16, 2019, which, upon
designation as wilderness under paragraph (2), shall be
known as the Pisgah West Wilderness.
(C) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management or
located in the White River National Forest, which
comprise approximately 16,101 acres, as generally
depicted on a map titled ``Flat Tops Proposed
Wilderness Addition'', dated October 9, 2019, and
which, upon designation as wilderness under paragraph
(2), shall be incorporated in and shall be deemed to be
a part of the Flat Tops Wilderness designated by Public
Law 94-146.
(2) Designation as wilderness.--Lands designated as a
potential wilderness area by subparagraphs (A) through (C) of
paragraph (1) shall be designated as wilderness on the date on
which the Secretary publishes in the Federal Register a notice
that all nonconforming uses of those lands authorized by
subsection (e) in the potential wilderness area that would be
in violation of the Wilderness Act (16 U.S.C. 1131 et seq.)
have ceased. Such publication in the Federal Register and
designation as wilderness shall occur for the potential
wilderness area as the nonconforming uses cease in that
potential wilderness area and designation as wilderness is not
dependent on cessation of nonconforming uses in the other
potential wilderness area.
(3) Management.--Except for activities provided for under
subsection (e), lands designated as a potential wilderness area
by paragraph (1) shall be managed by the Secretary in
accordance with the Wilderness Act as wilderness pending the
designation of such lands as wilderness under this subsection.
SEC. 20104. WATER.
(a) Effect on Water Rights.--Nothing in this title--
(1) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this Act,
including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of enactment of this Act;
(4) authorizes or imposes any new reserved Federal water
rights; and
(5) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State of Colorado on or before the date of the
enactment of this Act.
(b) Midstream Areas.--
(1) Purpose.--The purpose of this subsection is to protect
for the benefit and enjoyment of present and future
generations--
(A) the unique and nationally important values of
areas designated as wilderness by section 20102(b)
(including the geological, cultural, archaeological,
paleontological, natural, scientific, recreational,
environmental, biological, wilderness, wildlife,
riparian, historical, educational, and scenic resources
of the public land); and
(B) the water resources of area streams, based on
seasonally available flows, that are necessary to
support aquatic, riparian, and terrestrial species and
communities.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure that
any water rights within the wilderness designated by
section 20102(b) required to fulfill the purposes of
such wilderness are secured in accordance with
subparagraphs (B) through (G).
(B) State law.--
(i) Procedural requirements.--Any water
rights for which the Secretary pursues
adjudication shall be appropriated,
adjudicated, changed, and administered in
accordance with the procedural requirements and
priority system of State law.
(ii) Establishment of water rights.--
(I) In general.--Except as provided
in subclause (II), the purposes and
other substantive characteristics of
the water rights pursued under this
paragraph shall be established in
accordance with State law.
(II) Exception.--Notwithstanding
subclause (I) and in accordance with
this title, the Secretary may
appropriate and seek adjudication of
water rights to maintain surface water
levels and stream flows on and across
the wilderness designated by section
20102(b) to fulfill the purposes of
such wilderness.
(C) Deadline.--The Secretary shall promptly, but
not earlier than January 1, 2021, appropriate the water
rights required to fulfill the purposes of the
wilderness designated by section 20102(b).
(D) Required determination.--The Secretary shall
not pursue adjudication for any instream flow water
rights unless the Secretary makes a determination
pursuant to subparagraph (E)(ii) or (F).
(E) Cooperative enforcement.--
(i) In general.--The Secretary shall not
pursue adjudication of any Federal instream
flow water rights established under this
paragraph if--
(I) the Secretary determines, upon
adjudication of the water rights by the
Colorado Water Conservation Board, that
the Board holds water rights sufficient
in priority, amount, and timing to
fulfill the purposes of this
subsection; and
(II) the Secretary has entered into
a perpetual agreement with the Colorado
Water Conservation Board to ensure full
exercise, protection, and enforcement
of the State water rights within the
wilderness to reliably fulfill the
purposes of this subsection.
(ii) Adjudication.--If the Secretary
determines that the provisions of clause (i)
have not been met, the Secretary shall
adjudicate and exercise any Federal water
rights required to fulfill the purposes of the
wilderness in accordance with this paragraph.
(F) Insufficient water rights.--If the Colorado
Water Conservation Board modifies the instream flow
water rights obtained under subparagraph (E) to such a
degree that the Secretary determines that water rights
held by the State are insufficient to fulfill the
purposes of this title, the Secretary shall adjudicate
and exercise Federal water rights required to fulfill
the purposes of this title in accordance with
subparagraph (B).
(G) Failure to comply.--The Secretary shall
promptly act to exercise and enforce the water rights
described in subparagraph (E) if the Secretary
determines that--
(i) the State is not exercising its water
rights consistent with subparagraph (E)(i)(I);
or
(ii) the agreement described in
subparagraph (E)(i)(II) is not fulfilled or
complied with sufficiently to fulfill the
purposes of this title.
(3) Water resource facility.--Notwithstanding any other
provision of law, beginning on the date of enactment of this
title, neither the President nor any other officer, employee,
or agent of the United States shall fund, assist, authorize, or
issue a license or permit for development of any new irrigation
and pumping facility, reservoir, water conservation work,
aqueduct, canal, ditch, pipeline, well, hydropower project,
transmission, other ancillary facility, or other water,
diversion, storage, or carriage structure in the wilderness
designated by section 20102(b).
(c) Access and Operation.--
(1) Definition.--As used in this subsection, the term
``water resource facility'' means irrigation and pumping
facilities, reservoirs, water conservation works, aqueducts,
canals, ditches, pipelines, wells, hydropower projects,
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures.
(2) Access to water resource facilities.--Subject to the
provisions of this subsection, the Secretary shall allow
reasonable access to water resource facilities in existence on
the date of enactment of this Act within the areas described in
sections 20102(b) and 20102(c), including motorized access
where necessary and customarily employed on routes existing as
of the date of enactment of this Act.
(3) Access routes.--Existing access routes within such
areas customarily employed as of the date of enactment of this
Act may be used, maintained, repaired, and replaced to the
extent necessary to maintain their present function, design,
and serviceable operation, so long as such activities have no
increased adverse impacts on the resources and values of the
areas described in sections 20102(b) and 20102(c) than existed
as of the date of enactment of this Act.
(4) Use of water resource facilities.--Subject to the
provisions of this subsection and subsection (a)(4), the
Secretary shall allow water resource facilities existing on the
date of enactment of this Act within areas described in
sections 20102(b) and 20102(c) to be used, operated,
maintained, repaired, and replaced to the extent necessary for
the continued exercise, in accordance with Colorado State law,
of vested water rights adjudicated for use in connection with
such facilities by a court of competent jurisdiction prior to
the date of enactment of this Act. The impact of an existing
facility on the water resources and values of the area shall
not be increased as a result of changes in the adjudicated type
of use of such facility as of the date of enactment of this
Act.
(5) Repair and maintenance.--Water resource facilities, and
access routes serving such facilities, existing within the
areas described in sections 20102(b) and 20102(c) on the date
of enactment of this Act shall be maintained and repaired when
and to the extent necessary to prevent increased adverse
impacts on the resources and values of the areas described in
sections 20102(b) and 20102(c).
SEC. 20105. SENSE OF CONGRESS.
It is the sense of Congress that military aviation training on
Federal public lands in Colorado, including the training conducted at
the High-Altitude Army National Guard Aviation Training Site, is
critical to the national security of the United States and the
readiness of the Armed Forces.
SEC. 20106. DEPARTMENT OF DEFENSE STUDY ON IMPACTS THAT THE EXPANSION
OF WILDERNESS DESIGNATIONS IN THE WESTERN UNITED STATES
WOULD HAVE ON THE READINESS OF THE ARMED FORCES OF THE
UNITED STATES WITH RESPECT TO AVIATION TRAINING.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the impacts that the expansion of wilderness designations in the
Western United States would have on the readiness of the Armed Forces
of the United States with respect to aviation training.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the study required under subsection (a).
TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
SEC. 20201. SHORT TITLE.
This title may be cited as the ``Northwest California Wilderness,
Recreation, and Working Forests Act''.
SEC. 20202. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(2) State.--The term ``State'' means the State of
California.
Subtitle A--Restoration and Economic Development
SEC. 20211. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.
(a) Definitions.--In this section:
(1) Collaboratively developed.--The term ``collaboratively
developed'' means projects that are developed and implemented
through a collaborative process that--
(A) includes--
(i) appropriate Federal, State, and local
agencies; and
(ii) multiple interested persons
representing diverse interests; and
(B) is transparent and nonexclusive.
(2) Plantation.--The term ``plantation'' means a forested
area that has been artificially established by planting or
seeding.
(3) Restoration.--The term ``restoration'' means the
process of assisting the recovery of an ecosystem that has been
degraded, damaged, or destroyed by establishing the
composition, structure, pattern, and ecological processes
necessary to facilitate terrestrial and aquatic ecosystem
sustainability, resilience, and health under current and future
conditions.
(4) Restoration area.--The term ``restoration area'' means
the South Fork Trinity-Mad River Restoration Area, established
by subsection (b).
(5) Shaded fuel break.--The term ``shaded fuel break''
means a vegetation treatment that effectively addresses all
project-generated slash and that retains: adequate canopy cover
to suppress plant regrowth in the forest understory following
treatment; the longest lived trees that provide the most shade
over the longest period of time; the healthiest and most
vigorous trees with the greatest potential for crown-growth in
plantations and in natural stands adjacent to plantations; and
all mature hardwoods, when practicable.
(6) Stewardship contract.--The term ``stewardship
contract'' means an agreement or contract entered into under
section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c).
(7) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term by section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(b) Establishment.--Subject to valid existing rights, there is
established the South Fork Trinity-Mad River Restoration Area,
comprising approximately 729,089 acres of Federal land administered by
the Forest Service and approximately 1,280 acres of Federal land
administered by the Bureau of Land Management, as generally depicted on
the map entitled ``South Fork Trinity-Mad River Restoration Area--
Proposed'' and dated July 3, 2018, to be known as the South Fork
Trinity-Mad River Restoration Area.
(c) Purposes.--The purposes of the restoration area are to--
(1) establish, restore, and maintain fire-resilient forest
structures containing late successional forest structure
characterized by large trees and multistoried canopies, as
ecologically appropriate;
(2) protect late successional reserves;
(3) enhance the restoration of Federal lands within the
restoration area;
(4) reduce the threat posed by wildfires to communities
within the restoration area;
(5) protect and restore aquatic habitat and anadromous
fisheries;
(6) protect the quality of water within the restoration
area; and
(7) allow visitors to enjoy the scenic, recreational,
natural, cultural, and wildlife values of the restoration area.
(d) Management.--
(1) In general.--The Secretary shall manage the restoration
area--
(A) in a manner consistent with the purposes
described in subsection (c);
(B) in a manner that--
(i) in the case of the Forest Service,
prioritizes restoration of the restoration area
over other nonemergency vegetation management
projects on the portions of the Six Rivers and
Shasta-Trinity National Forests in Humboldt and
Trinity Counties; and
(ii) in the case of the United States Fish
and Wildlife Service, establishes with the
Forest Service an agreement for cooperation to
ensure timely completion of consultation
required by section 7 of the Endangered Species
Act (15 U.S.C. 1536) on restoration projects
within the restoration area and agreement to
maintain and exchange information on planning
schedules and priorities on a regular basis;
(C) in accordance with--
(i) the laws (including regulations) and
rules applicable to the National Forest System
for land managed by the Forest Service;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.) for land
managed by the Bureau of Land Management;
(iii) this title; and
(iv) any other applicable law (including
regulations); and
(D) in a manner consistent with congressional
intent that consultation for restoration projects
within the restoration area is completed in a timely
and efficient manner.
(2) Conflict of laws.--
(A) In general.--The establishment of the
restoration area shall not change the management status
of any land or water that is designated wilderness or
as a wild and scenic river, including lands and waters
designated by this title.
(B) Resolution of conflict.--If there is a conflict
between the laws applicable to the areas described in
subparagraph (A) and this section, the more restrictive
provision shall control.
(3) Uses.--
(A) In general.--The Secretary shall only allow
uses of the restoration area that the Secretary
determines would further the purposes described in
subsection (c).
(B) Priority.--The Secretary shall prioritize
restoration activities within the restoration area.
(C) Limitation.--Nothing in this section shall
limit the Secretary's ability to plan, approve, or
prioritize activities outside of the restoration area.
(4) Wildland fire.--
(A) In general.--Nothing in this section prohibits
the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from
conducting wildland fire operations in the restoration
area, consistent with the purposes of this section.
(B) Priority.--The Secretary may use prescribed
burning and managed wildland fire to the fullest extent
practicable to achieve the purposes of this section.
(5) Road decommissioning.--
(A) In general.--To the extent practicable, the
Secretary shall decommission unneeded National Forest
System roads identified for decommissioning and
unauthorized roads identified for decommissioning
within the restoration area--
(i) subject to appropriations;
(ii) consistent with the analysis required
by subparts A and B of part 212 of title 36,
Code of Federal Regulations; and
(iii) in accordance with existing law.
(B) Additional requirement.--In making
determinations regarding road decommissioning under
subparagraph (A), the Secretary shall consult with--
(i) appropriate State, Tribal, and local
governmental entities; and
(ii) members of the public.
(C) Definition.--As used in subparagraph (A), the
term ``decommission'' means--
(i) to reestablish vegetation on a road;
and
(ii) to restore any natural drainage,
watershed function, or other ecological
processes that are disrupted or adversely
impacted by the road by removing or
hydrologically disconnecting the road prism.
(6) Vegetation management.--
(A) In general.--Subject to subparagraphs (B), (C),
and (D), the Secretary may conduct vegetation
management projects in the restoration area only where
necessary to--
(i) maintain or restore the characteristics
of ecosystem composition and structure;
(ii) reduce wildfire risk to communities by
promoting forests that are fire resilient;
(iii) improve the habitat of threatened,
endangered, or sensitive species;
(iv) protect or improve water quality; or
(v) enhance the restoration of lands within
the restoration area.
(B) Additional requirements.--
(i) Shaded fuel breaks.--In carrying out
subparagraph (A), the Secretary shall
prioritize, as practicable, the establishment
of a network of shaded fuel breaks within--
(I) the portions of the wildland-
urban interface that are within 150
feet from private property contiguous
to Federal land;
(II) 150 feet from any road that is
open to motorized vehicles as of the
date of enactment of this Act--
(aa) except that, where
topography or other conditions
require, the Secretary may
establish shaded fuel breaks up
to 275 feet from a road so long
as the combined total width of
the shaded fuel breaks for both
sides of the road does not
exceed 300 feet; and
(bb) provided that the
Secretary shall include
vegetation treatments within a
minimum of 25 feet of the road
where practicable, feasible,
and appropriate as part of any
shaded fuel break; or
(III) 150 feet of any plantation.
(ii) Plantations; riparian reserves.--The
Secretary may undertake vegetation management
projects--
(I) in areas within the restoration
area in which fish and wildlife habitat
is significantly compromised as a
result of past management practices
(including plantations); and
(II) within designated riparian
reserves only where necessary to
maintain the integrity of fuel breaks
and to enhance fire resilience.
(C) Compliance.--The Secretary shall carry out
vegetation management projects within the restoration
area--
(i) in accordance with--
(I) this section; and
(II) existing law (including
regulations);
(ii) after providing an opportunity for
public comment; and
(iii) subject to appropriations.
(D) Best available science.--The Secretary shall
use the best available science in planning and
implementing vegetation management projects within the
restoration area.
(7) Grazing.--
(A) Existing grazing.--The grazing of livestock in
the restoration area, where established before the date
of enactment of this Act, shall be permitted to
continue--
(i) subject to--
(I) such reasonable regulations,
policies, and practices as the
Secretary considers necessary; and
(II) applicable law (including
regulations); and
(ii) in a manner consistent with the
purposes described in subsection (c).
(B) Targeted new grazing.--The Secretary may issue
annual targeted grazing permits for the grazing of
livestock in the restoration area, where not
established before the date of the enactment of this
Act, to control noxious weeds, aid in the control of
wildfire within the wildland-urban interface, or to
provide other ecological benefits subject to--
(i) such reasonable regulations, policies,
and practices as the Secretary considers
necessary; and
(ii) a manner consistent with the purposes
described in subsection (c).
(C) Best available science.--The Secretary shall
use the best available science when determining whether
to issue targeted grazing permits within the
restoration area.
(e) Withdrawal.--Subject to valid existing rights, the restoration
area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
(f) Use of Stewardship Contracts.--To the maximum extent
practicable, the Secretary shall--
(1) use stewardship contracts to implement this section;
and
(2) use revenue derived from such stewardship contracts for
restoration and other activities within the restoration area
which shall include staff and administrative costs to support
timely consultation activities for restoration projects.
(g) Collaboration.--In developing and implementing restoration
projects in the restoration area, the Secretary shall consult with
collaborative groups with an interest in the restoration area.
(h) Environmental Review.--A collaboratively developed restoration
project within the restoration area may be carried out in accordance
with the provisions for hazardous fuel reduction projects set forth in
sections 214, 215, and 216 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6514-6516), as applicable.
(i) Multiparty Monitoring.--The Secretary of Agriculture shall--
(1) in collaboration with the Secretary of the Interior and
interested persons, use a multiparty monitoring, evaluation,
and accountability process to assess the positive or negative
ecological, social, and economic effects of restoration
projects within the restoration area; and
(2) incorporate the monitoring results into the management
of the restoration area.
(j) Funding.--The Secretary shall use all existing authorities to
secure as much funding as necessary to fulfill the purposes of the
restoration area.
(k) Forest Residues Utilization.--
(1) In general.--In accordance with applicable law,
including regulations, and this section, the Secretary may
utilize forest residues from restoration projects, including
shaded fuel breaks, in the restoration area for research and
development of biobased products that result in net carbon
sequestration.
(2) Partnerships.--In carrying out paragraph (1), the
Secretary may enter into partnerships with universities,
nongovernmental organizations, industry, Tribes, and Federal,
State, and local governmental agencies.
SEC. 20212. REDWOOD NATIONAL AND STATE PARKS RESTORATION.
(a) Partnership Agreements.--The Secretary of the Interior is
authorized to undertake initiatives to restore degraded redwood forest
ecosystems in Redwood National and State Parks in partnership with the
State of California, local agencies, and nongovernmental organizations.
(b) Compliance.--In carrying out any initiative authorized by
subsection (a), the Secretary of the Interior shall comply with all
applicable law.
SEC. 20213. CALIFORNIA PUBLIC LANDS REMEDIATION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Partnership.--The term ``partnership'' means the
California Public Lands Remediation Partnership, established by
subsection (b).
(2) Priority lands.--The term ``priority lands'' means
Federal land within the State that is determined by the
partnership to be a high priority for remediation.
(3) Remediation.--The term ``remediation'' means to
facilitate the recovery of lands and waters that have been
degraded, damaged, or destroyed by illegal marijuana
cultivation or another illegal activity. Remediation includes
but is not limited to removal of trash, debris, and other
material, and establishing the composition, structure, pattern,
and ecological processes necessary to facilitate terrestrial
and aquatic ecosystem sustainability, resilience, and health
under current and future conditions.
(b) Establishment.--There is hereby established a California Public
Lands Remediation Partnership.
(c) Purposes.--The purposes of the partnership are to--
(1) coordinate the activities of Federal, State, Tribal,
and local authorities, and the private sector, in the
remediation of priority lands in the State affected by illegal
marijuana cultivation or other illegal activities; and
(2) use the resources and expertise of each agency,
authority, or entity in implementing remediation activities on
priority lands in the State.
(d) Membership.--The members of the partnership shall include the
following:
(1) The Secretary of Agriculture, or a designee of the
Secretary of Agriculture to represent the Forest Service.
(2) The Secretary of the Interior, or a designee of the
Secretary of the Interior, to represent the United States Fish
and Wildlife Service, Bureau of Land Management, and National
Park Service.
(3) The Director of the Office of National Drug Control
Policy, or a designee of the Director.
(4) The Secretary of the State Natural Resources Agency, or
a designee of the Secretary, to represent the California
Department of Fish and Wildlife.
(5) A designee of the California State Water Resources
Control Board.
(6) A designee of the California State Sheriffs'
Association.
(7) One member to represent federally recognized Indian
Tribes, to be appointed by the Secretary of Agriculture.
(8) One member to represent nongovernmental organizations
with an interest in Federal land remediation, to be appointed
by the Secretary of Agriculture.
(9) One member to represent local governmental interests,
to be appointed by the Secretary of Agriculture.
(10) A law enforcement official from each of the following:
(A) The Department of the Interior.
(B) The Department of Agriculture.
(11) A scientist to provide expertise and advise on methods
needed for remediation efforts, to be appointed by the
Secretary of Agriculture.
(12) A designee of the National Guard Counter Drug Program.
(e) Duties.--To further the purposes of this section, the
partnership shall--
(1) identify priority lands for remediation in the State;
(2) secure resources from Federal and non-Federal sources
to apply to remediation of priority lands in the State;
(3) support efforts by Federal, State, Tribal, and local
agencies, and nongovernmental organizations in carrying out
remediation of priority lands in the State;
(4) support research and education on the impacts of, and
solutions to, illegal marijuana cultivation and other illegal
activities on priority lands in the State;
(5) involve other Federal, State, Tribal, and local
agencies, nongovernmental organizations, and the public in
remediation efforts, to the extent practicable; and
(6) take any other administrative or advisory actions as
necessary to address remediation of priority lands in the
State.
(f) Authorities.--To implement this section, the partnership may,
subject to the prior approval of the Secretary of Agriculture--
(1) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
grants or technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) hire and compensate staff;
(4) obtain funds or services from any source, including
Federal and non-Federal funds, and funds and services provided
under any other Federal law or program;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of this section.
(g) Procedures.--The partnership shall establish such rules and
procedures as it deems necessary or desirable.
(h) Local Hiring.--The partnership shall, to the maximum extent
practicable and in accordance with existing law, give preference to
local entities and persons when carrying out this section.
(i) Service Without Compensation.--Members of the partnership shall
serve without pay.
(j) Duties and Authorities of the Secretary of Agriculture.--
(1) In general.--The Secretary of Agriculture shall convene
the partnership on a regular basis to carry out this section.
(2) Technical and financial assistance.--The Secretary of
Agriculture and Secretary of the Interior may provide technical
and financial assistance, on a reimbursable or nonreimbursable
basis, as determined by the appropriate Secretary, to the
partnership or any members of the partnership to carry out this
title.
(3) Cooperative agreements.--The Secretary of Agriculture
and Secretary of the Interior may enter into cooperative
agreements with the partnership, any members of the
partnership, or other public or private entities to provide
technical, financial, or other assistance to carry out this
title.
SEC. 20214. TRINITY LAKE VISITOR CENTER.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, may establish, in cooperation with any
other public or private entities that the Secretary may determine to be
appropriate, a visitor center in Weaverville, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of the
Whiskeytown-Shasta-Trinity National Recreation Area.
(b) Requirements.--The Secretary shall ensure that the visitor
center authorized under subsection (a) is designed to interpret the
scenic, biological, natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources of the
Whiskeytown-Shasta-Trinity National Recreation Area and other nearby
Federal lands.
(c) Cooperative Agreements.--The Secretary of Agriculture may, in a
manner consistent with this title, enter into cooperative agreements
with the State and any other appropriate institutions and organizations
to carry out the purposes of this section.
SEC. 20215. DEL NORTE COUNTY VISITOR CENTER.
(a) In General.--The Secretary of Agriculture and Secretary of the
Interior, acting jointly or separately, may establish, in cooperation
with any other public or private entities that the Secretaries
determine to be appropriate, a visitor center in Del Norte County,
California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of Redwood
National and State Parks, the Smith River National Recreation
Area, and other nearby Federal lands.
(b) Requirements.--The Secretaries shall ensure that the visitor
center authorized under subsection (a) is designed to interpret the
scenic, biological, natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources of Redwood
National and State Parks, the Smith River National Recreation Area, and
other nearby Federal lands.
SEC. 20216. MANAGEMENT PLANS.
(a) In General.--In revising the land and resource management plan
for the Shasta-Trinity, Six Rivers, Klamath, and Mendocino National
Forests, the Secretary shall--
(1) consider the purposes of the South Fork Trinity-Mad
River Restoration Area established by section 20211; and
(2) include or update the fire management plan for the
wilderness areas and wilderness additions established by this
title.
(b) Requirement.--In carrying out the revisions required by
subsection (a), the Secretary shall--
(1) develop spatial fire management plans in accordance
with--
(A) the Guidance for Implementation of Federal
Wildland Fire Management Policy dated February 13,
2009, including any amendments to that guidance; and
(B) other appropriate policies;
(2) ensure that a fire management plan--
(A) considers how prescribed or managed fire can be
used to achieve ecological management objectives of
wilderness and other natural or primitive areas; and
(B) in the case of a wilderness area expanded by
section 20231, provides consistent direction regarding
fire management to the entire wilderness area,
including the addition;
(3) consult with--
(A) appropriate State, Tribal, and local
governmental entities; and
(B) members of the public; and
(4) comply with applicable laws (including regulations).
SEC. 20217. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT ACCOMMODATIONS.
(a) Study.--The Secretary of the Interior, in consultation with
interested Federal, State, Tribal, and local entities, and private and
nonprofit organizations, shall conduct a study to evaluate the
feasibility and suitability of establishing overnight accommodations
near Redwood National and State Parks on--
(1) Federal land at the northern boundary or on land within
20 miles of the northern boundary; and
(2) Federal land at the southern boundary or on land within
20 miles of the southern boundary.
(b) Partnerships.--
(1) Agreements authorized.--If the study conducted under
subsection (a) determines that establishing the described
accommodations is suitable and feasible, the Secretary may
enter into agreements with qualified private and nonprofit
organizations for the development, operation, and maintenance
of overnight accommodations.
(2) Contents.--Any agreements entered into under paragraph
(1) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization.
(3) Compliance.--The Secretary shall enter agreements under
paragraph (1) in accordance with existing law.
(4) Effect.--Nothing in this subsection--
(A) reduces or diminishes the authority of the
Secretary to manage land and resources under the
jurisdiction of the Secretary; or
(B) amends or modifies the application of any
existing law (including regulations) applicable to land
under the jurisdiction of the Secretary.
Subtitle B--Recreation
SEC. 20221. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there is
established the Horse Mountain Special Management Area (referred to in
this section as the ``special management area'') comprising
approximately 7,399 acres of Federal land administered by the Forest
Service in Humboldt County, California, as generally depicted on the
map entitled ``Horse Mountain Special Management Area--Proposed'' and
dated April 13, 2017.
(b) Purposes.--The purpose of the special management area is to
enhance the recreational and scenic values of the special management
area while conserving the plants, wildlife, and other natural resource
values of the area.
(c) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2), the
Secretary shall develop a comprehensive plan for the long-term
management of the special management area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, Tribal, and local
governmental entities; and
(B) members of the public.
(3) Additional requirement.--The management plan required
under paragraph (1) shall ensure that recreational use within
the special management area does not cause significant adverse
impacts on the plants and wildlife of the special management
area.
(d) Management.--
(1) In general.--The Secretary shall manage the special
management area--
(A) in furtherance of the purposes described in
subsection (b); and
(B) in accordance with--
(i) the laws (including regulations)
generally applicable to the National Forest
System;
(ii) this section; and
(iii) any other applicable law (including
regulations).
(2) Recreation.--The Secretary shall continue to authorize,
maintain, and enhance the recreational use of the special
management area, including hunting, fishing, camping, hiking,
hang gliding, sightseeing, nature study, horseback riding,
rafting, mountain biking, and motorized recreation on
authorized routes, and other recreational activities, so long
as such recreational use is consistent with the purposes of the
special management area, this section, other applicable law
(including regulations), and applicable management plans.
(3) Motorized vehicles.--
(A) In general.--Except as provided in subparagraph
(B), the use of motorized vehicles in the special
management area shall be permitted only on roads and
trails designated for the use of motorized vehicles.
(B) Use of snowmobiles.--The winter use of
snowmobiles shall be allowed in the special management
area--
(i) during periods of adequate snow
coverage during the winter season; and
(ii) subject to any terms and conditions
determined to be necessary by the Secretary.
(4) New trails.--
(A) In general.--The Secretary may construct new
trails for motorized or nonmotorized recreation within
the special management area in accordance with--
(i) the laws (including regulations)
generally applicable to the National Forest
System;
(ii) this section; and
(iii) any other applicable law (including
regulations).
(B) Priority.--In establishing new trails within
the special management area, the Secretary shall--
(i) prioritize the establishment of loops
that provide high-quality, diverse recreational
experiences; and
(ii) consult with members of the public.
(e) Withdrawal.--Subject to valid existing rights, the special
management area is withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
SEC. 20222. BIGFOOT NATIONAL RECREATION TRAIL.
(a) Feasibility Study.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Secretary of Agriculture, in
cooperation with the Secretary of the Interior, shall submit to
the Committee on Natural Resources of the House of
Representatives and Committee on Energy and Natural Resources
of the Senate a study that describes the feasibility of
establishing a nonmotorized Bigfoot National Recreation Trail
that follows the route described in paragraph (2).
(2) Route.--The trail described in paragraph (1) shall
extend from the Ides Cove Trailhead in the Mendocino National
Forest to Crescent City, California, by roughly following the
route as generally depicted on the map entitled ``Bigfoot
National Recreation Trail--Proposed'' and dated July 25, 2018.
(3) Additional requirement.--In completing the study
required by subsection (a), the Secretary of Agriculture shall
consult with--
(A) appropriate Federal, State, Tribal, regional,
and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(b) Designation.--
(1) In general.--Upon a determination that the Bigfoot
National Recreation Trail is feasible and meets the
requirements for a National Recreation Trail in section 1243 of
title 16, United States Code, the Secretary of Agriculture
shall designate the Bigfoot National Recreation Trail in
accordance with--
(A) the National Trails System Act (Public Law 90-
543);
(B) this title; and
(C) other applicable law (including regulations).
(2) Administration.--Upon designation by the Secretary of
Agriculture, the Bigfoot National Recreation Trail (referred to
in this section as the ``trail'') shall be administered by the
Secretary of Agriculture, in consultation with--
(A) other Federal, State, Tribal, regional, and
local agencies;
(B) private landowners; and
(C) other interested organizations.
(3) Private property rights.--
(A) In general.--No portions of the trail may be
located on non-Federal land without the written consent
of the landowner.
(B) Prohibition.--The Secretary of Agriculture
shall not acquire for the trail any land or interest in
land outside the exterior boundary of any federally
managed area without the consent of the owner of the
land or interest in the land.
(C) Effect.--Nothing in this section--
(i) requires any private property owner to
allow public access (including Federal, State,
or local government access) to private
property; or
(ii) modifies any provision of Federal,
State, or local law with respect to public
access to or use of private land.
(c) Cooperative Agreements.--In carrying out this section, the
Secretary of Agriculture may enter into cooperative agreements with
State, Tribal, and local government entities and private entities to
complete needed trail construction, reconstruction, realignment,
maintenance, or education projects related to the Bigfoot National
Recreation Trail.
(d) Map.--
(1) Map required.--Upon designation of the Bigfoot National
Recreation Trail, the Secretary of Agriculture shall prepare a
map of the trail.
(2) Public availability.--The map referred to in paragraph
(1) shall be on file and available for public inspection in the
appropriate offices of the Forest Service.
SEC. 20223. ELK CAMP RIDGE RECREATION TRAIL.
(a) Designation.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture after an opportunity for public
comment, shall designate a trail (which may include a system of
trails)--
(A) for use by off-highway vehicles or mountain
bicycles, or both; and
(B) to be known as the Elk Camp Ridge Recreation
Trail.
(2) Requirements.--In designating the Elk Camp Ridge
Recreation Trail (referred to in this section as the
``trail''), the Secretary shall only include trails that are--
(A) as of the date of enactment of this Act,
authorized for use by off-highway vehicles or mountain
bikes, or both; and
(B) located on land that is managed by the Forest
Service in Del Norte County.
(3) Map.--A map that depicts the trail shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
(b) Management.--
(1) In general.--The Secretary shall manage the trail--
(A) in accordance with applicable laws (including
regulations);
(B) to ensure the safety of citizens who use the
trail; and
(C) in a manner by which to minimize any damage to
sensitive habitat or cultural resources.
(2) Monitoring; evaluation.--To minimize the impacts of the
use of the trail on environmental and cultural resources, the
Secretary shall annually assess the effects of the use of off-
highway vehicles and mountain bicycles on--
(A) the trail;
(B) land located in proximity to the trail; and
(C) plants, wildlife, and wildlife habitat.
(3) Closure.--The Secretary, in consultation with the State
and Del Norte County, and subject to paragraph (4), may
temporarily close or permanently reroute a portion of the trail
if the Secretary determines that--
(A) the trail is having an adverse impact on--
(i) wildlife habitats;
(ii) natural resources;
(iii) cultural resources; or
(iv) traditional uses;
(B) the trail threatens public safety; or
(C) closure of the trail is necessary--
(i) to repair damage to the trail; or
(ii) to repair resource damage.
(4) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary under paragraph (3) may be
permanently rerouted along any road or trail--
(A) that is--
(i) in existence as of the date of the
closure of the portion of the trail;
(ii) located on public land; and
(iii) open to motorized or mechanized use;
and
(B) if the Secretary determines that rerouting the
portion of the trail would not significantly increase
or decrease the length of the trail.
(5) Notice of available routes.--The Secretary shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through--
(A) the placement of appropriate signage along the
trail; and
(B) the distribution of maps, safety education
materials, and other information that the Secretary
concerned determines to be appropriate.
(c) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land (including
any interest in any non-Federal land).
SEC. 20224. TRINITY LAKE TRAIL.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall study the
feasibility and public interest of constructing a recreational
trail for nonmotorized uses around Trinity Lake.
(2) Construction.--
(A) Construction authorized.--Subject to
appropriations, and in accordance with paragraph (3),
if the Secretary determines under paragraph (1) that
the construction of the trail described in such
paragraph is feasible and in the public interest, the
Secretary may provide for the construction of the
trail.
(B) Use of volunteer services and contributions.--
The trail may be constructed under this section through
the acceptance of volunteer services and contributions
from non-Federal sources to reduce or eliminate the
need for Federal expenditures to construct the trail.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally
applicable to the National Forest System; and
(B) this title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land (including
any interest in any non-Federal land).
SEC. 20225. TRAILS STUDY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Agriculture, in accordance with
subsection (b) and in consultation with interested parties, shall
conduct a study to improve motorized and nonmotorized recreation trail
opportunities (including mountain bicycling) on land not designated as
wilderness within the portions of the Six Rivers, Shasta-Trinity, and
Mendocino National Forests located in Del Norte, Humboldt, Trinity, and
Mendocino Counties.
(b) Consultation.--In carrying out the study required by subsection
(a), the Secretary of Agriculture shall consult with the Secretary of
the Interior regarding opportunities to improve, through increased
coordination, recreation trail opportunities on land under the
jurisdiction of the Secretary of the Interior that shares a boundary
with the national forest land described in subsection (a).
SEC. 20226. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the
date of enactment of this Act, the Secretary of Agriculture
shall study the feasibility and public interest of constructing
recreational trails for mountain bicycling and other
nonmotorized uses on the routes as generally depicted in the
report entitled ``Trail Study for Smith River National
Recreation Area Six Rivers National Forest'' and dated 2016.
(2) Construction.--
(A) Construction authorized.--Subject to
appropriations, and in accordance with paragraph (3),
if the Secretary determines under paragraph (1) that
the construction of one or more routes described in
such paragraph is feasible and in the public interest,
the Secretary may provide for the construction of the
routes.
(B) Modifications.--The Secretary may modify the
routes as necessary in the opinion of the Secretary.
(C) Use of volunteer services and contributions.--
Routes may be constructed under this section through
the acceptance of volunteer services and contributions
from non-Federal sources to reduce or eliminate the
need for Federal expenditures to construct the route.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally
applicable to the National Forest System; and
(B) this title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land (including
any interest in any non-Federal land).
SEC. 20227. PARTNERSHIPS.
(a) Agreements Authorized.--The Secretary is authorized to enter
into agreements with qualified private and nonprofit organizations to
undertake the following activities on Federal lands in Mendocino,
Humboldt, Trinity, and Del Norte Counties--
(1) trail and campground maintenance;
(2) public education, visitor contacts, and outreach; and
(3) visitor center staffing.
(b) Contents.--Any agreements entered into under subsection (a)
shall clearly define the role and responsibility of the Secretary and
the private or nonprofit organization.
(c) Compliance.--The Secretary shall enter into agreements under
subsection (a) in accordance with existing law.
(d) Effect.--Nothing in this section--
(1) reduces or diminishes the authority of the Secretary to
manage land and resources under the jurisdiction of the
Secretary; or
(2) amends or modifies the application of any existing law
(including regulations) applicable to land under the
jurisdiction of the Secretary.
Subtitle C--Conservation
SEC. 20231. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Black butte river wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 11,117 acres, as generally depicted on the map
entitled ``Black Butte River Wilderness--Proposed'' and dated
April 13, 2017, which shall be known as the Black Butte River
Wilderness.
(2) Chanchelulla wilderness additions.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 6,212 acres, as generally depicted on the map
entitled ``Chanchelulla Wilderness Additions--Proposed'' and
dated July 16, 2018, which is incorporated in, and considered
to be a part of, the Chanchelulla Wilderness, as designated by
section 101(a)(4) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1619).
(3) Chinquapin wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
27,258 acres, as generally depicted on the map entitled
``Chinquapin Wilderness--Proposed'' and dated January 15, 2020,
which shall be known as the Chinquapin Wilderness.
(4) Elkhorn ridge wilderness addition.--Certain Federal
land managed by the Bureau of Land Management in the State,
comprising approximately 37 acres, as generally depicted on the
map entitled ``Proposed Elkhorn Ridge Wilderness Additions''
and dated October 24, 2019, which is incorporated in, and
considered to be a part of, the Elkhorn Ridge Wilderness, as
designated by section 6(d) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2070).
(5) English ridge wilderness.--Certain Federal land managed
by the Bureau of Land Management in the State, comprising
approximately 6,204 acres, as generally depicted on the map
entitled ``English Ridge Wilderness--Proposed'' and dated March
29, 2019, which shall be known as the English Ridge Wilderness.
(6) Headwaters forest wilderness.--Certain Federal land
managed by the Bureau of Land Management in the State,
comprising approximately 4,360 acres, as generally depicted on
the map entitled ``Headwaters Forest Wilderness--Proposed'' and
dated October 15, 2019, which shall be known as the Headwaters
Forest Wilderness.
(7) Mad river buttes wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 6,002 acres, as generally depicted on the map
entitled ``Mad River Buttes Wilderness--Proposed'' and dated
July 25, 2018, which shall be known as the Mad River Buttes
Wilderness.
(8) Mount lassic wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 1,292 acres, as generally depicted on the map
entitled ``Mount Lassic Wilderness Additions--Proposed'' and
dated February 23, 2017, which is incorporated in, and
considered to be a part of, the Mount Lassic Wilderness, as
designated by section 3(6) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065).
(9) North fork eel wilderness addition.--Certain Federal
land managed by the Forest Service and the Bureau of Land
Management in the State, comprising approximately 16,274 acres,
as generally depicted on the map entitled ``North Fork
Wilderness Additions'' and dated January 15, 2020, which is
incorporated in, and considered to be a part of, the North Fork
Eel Wilderness, as designated by section 101(a)(19) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1621).
(10) Pattison wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
28,595 acres, as generally depicted on the map entitled
``Pattison Wilderness--Proposed'' and dated July 16, 2018,
which shall be known as the Pattison Wilderness.
(11) Sanhedrin wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 112 acres, as generally depicted on the map
entitled ``Sanhedrin Wilderness Addition--Proposed'' and dated
March 29, 2019, which is incorporated in, and considered to be
a part of, the Sanhedrin Wilderness, as designated by section
3(2) of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2065).
(12) Siskiyou wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 27,747 acres, as generally depicted on the map
entitled ``Siskiyou Wilderness Additions and Potential
Wildernesses--Proposed'' and dated July 24, 2018, which is
incorporated in, and considered to be a part of, the Siskiyou
Wilderness, as designated by section 101(a)(30) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1623) (as amended by section 3(5) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065)).
(13) South fork eel river wilderness addition.--Certain
Federal land managed by the Bureau of Land Management in the
State, comprising approximately 603 acres, as generally
depicted on the map entitled ``South Fork Eel River Wilderness
Additions--Proposed'' and dated October 24, 2019, which is
incorporated in, and considered to be a part of, the South Fork
Eel River Wilderness, as designated by section 3(10) of Public
Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2066).
(14) South fork trinity river wilderness.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 26,446 acres, as generally depicted on the map
entitled ``South Fork Trinity River Wilderness and Potential
Wildernesses--Proposed'' and dated March 11, 2019, which shall
be known as the South Fork Trinity River Wilderness.
(15) Trinity alps wilderness addition.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 60,826 acres, as generally depicted on the maps
entitled ``Trinity Alps Proposed Wilderness Additions EAST''
and ``Trinity Alps Proposed Wilderness Additions WEST'' and
dated January 15, 2020, which is incorporated in, and
considered to be a part of, the Trinity Alps Wilderness, as
designated by section 101(a)(34) of the California Wilderness
Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by
section 3(7) of Public Law 109-362 (16 U.S.C. 1132 note; 120
Stat. 2065)).
(16) Underwood wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
15,069 acres, as generally depicted on the map entitled
``Underwood Wilderness--Proposed'' and dated January 15, 2020,
which shall be known as the Underwood Wilderness.
(17) Yolla bolly-middle eel wilderness additions.--Certain
Federal land managed by the Forest Service and the Bureau of
Land Management in the State, comprising approximately 10,729
acres, as generally depicted on the map entitled ``Yolla Bolly
Middle Eel Wilderness Additions and Potential Wildernesses--
Proposed'' and dated June 7, 2018, which is incorporated in,
and considered to be a part of, the Yolla Bolly-Middle Eel
Wilderness, as designated by section 3 of the Wilderness Act
(16 U.S.C. 1132) (as amended by section 3(4) of Public Law 109-
362 (16 U.S.C. 1132 note; 120 Stat. 2065)).
(18) Yuki wilderness addition.--Certain Federal land
managed by the Forest Service and the Bureau of Land Management
in the State, comprising approximately 11,076 acres, as
generally depicted on the map entitled ``Yuki Wilderness
Additions--Proposed'' and dated January 15, 2020, which is
incorporated in, and considered to be a part of, the Yuki
Wilderness, as designated by section 3(3) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065).
(b) Redesignation of North Fork Wilderness as North Fork Eel River
Wilderness.--Section 101(a)(19) of Public Law 98-425 (16 U.S.C. 1132
note; 98 Stat. 1621) is amended by striking ``North Fork Wilderness''
and inserting ``North Fork Eel River Wilderness''. Any reference in a
law, map, regulation, document, paper, or other record of the United
States to the North Fork Wilderness shall be deemed to be a reference
to the North Fork Eel River Wilderness.
(c) Elkhorn Ridge Wilderness Adjustments.--The boundary of the
Elkhorn Ridge Wilderness established by section 6(d) of Public Law 109-
362 (16 U.S.C. 1132 note) is adjusted by deleting approximately 30
acres of Federal land as generally depicted on the map entitled
``Proposed Elkhorn Ridge Wilderness Additions'' and dated October 24,
2019.
SEC. 20232. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the wilderness
areas and wilderness additions established by section 20231 shall be
administered by the Secretary in accordance with this subtitle and the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by section
20231 as are necessary for the control of fire, insects, and
diseases in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire and fuels management in the wilderness areas
or wilderness additions designated by this title.
(3) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness additions
designated by this subtitle, the Secretary of Agriculture
shall--
(A) not later than 1 year after the date of
enactment of this Act, establish agency approval
procedures (including appropriate delegations of
authority to the Forest Supervisor, District Manager,
or other agency officials) for responding to fire
emergencies; and
(B) enter into agreements with appropriate State or
local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness areas and
wilderness additions designated by this title, if established before
the date of enactment of this Act, shall be administered in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2)(A) for lands under the jurisdiction of the Secretary of
Agriculture, the guidelines set forth in the report of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress (H.
Rept. 96-617); or
(B) for lands under the jurisdiction of the Secretary of
the Interior, the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs of the
House of Representatives accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title
affects the jurisdiction or responsibilities of the State with
respect to fish and wildlife on public land in the State.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities that are
necessary to maintain or restore fish, wildlife, and plant
populations and habitats in the wilderness areas or wilderness
additions designated by section 20231, if the management
activities are--
(A) consistent with relevant wilderness management
plans; and
(B) conducted in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) appropriate policies, such as the
policies established in Appendix B of House
Report 101-405.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for designation
of wilderness or wilderness additions by this title to lead to
the creation of protective perimeters or buffer zones around
each wilderness area or wilderness addition.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this subtitle precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by section
20231;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 20231; or
(3) the use or establishment of military flight training
routes over the wilderness areas or wilderness additions
designated by section 20231.
(g) Horses.--Nothing in this subtitle precludes horseback riding
in, or the entry of recreational or commercial saddle or pack stock
into, an area designated as a wilderness area or wilderness addition by
section 20231--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the wilderness
areas and wilderness additions designated by section 20231 are
withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(i) Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of wilderness
areas and wilderness additions designated by this title by
members of Indian Tribes for traditional cultural and religious
purposes, the Secretary shall ensure that Indian Tribes have
access to the wilderness areas and wilderness additions
designated by section 20231 for traditional cultural and
religious purposes.
(2) Temporary closures.--
(A) In general.--In carrying out this section, the
Secretary, on request of an Indian Tribe, may
temporarily close to the general public one or more
specific portions of a wilderness area or wilderness
addition to protect the privacy of the members of the
Indian Tribe in the conduct of the traditional cultural
and religious activities in the wilderness area or
wilderness addition.
(B) Requirement.--Any closure under subparagraph
(A) shall be made in such a manner as to affect the
smallest practicable area for the minimum period of
time necessary for the activity to be carried out.
(3) Applicable law.--Access to the wilderness areas and
wilderness additions under this subsection shall be in
accordance with--
(A) Public Law 95-341 (commonly known as the
American Indian Religious Freedom Act) (42 U.S.C. 1996
et seq.); and
(B) the Wilderness Act (16 U.S.C. 1131 et seq.).
(j) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area or wilderness addition designated by
section 20231 that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located;
(2) be withdrawn in accordance with subsection (h); and
(3) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in the wilderness areas and
wilderness additions designated by section 20231 if the Secretary
determines that the facilities and access to the facilities are
essential to flood warning, flood control, or water reservoir operation
activities.
(l) Authorized Events.--The Secretary may continue to authorize the
competitive equestrian event permitted since 2012 in the Chinquapin
Wilderness established by section 20231 in a manner compatible with the
preservation of the area as wilderness.
(m) Recreational Climbing.--Nothing in this title prohibits
recreational rock climbing activities in the wilderness areas, such as
the placement, use, and maintenance of fixed anchors, including any
fixed anchor established before the date of the enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 20233. DESIGNATION OF POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following areas in the State are
designated as potential wilderness areas:
(1) Certain Federal land managed by the Forest Service,
comprising approximately 3,797 acres, as generally depicted on
the map entitled ``Chinquapin Proposed Potential Wilderness''
and dated January 15, 2020.
(2) Certain Federal land administered by the National Park
Service, compromising approximately 31,000 acres, as generally
depicted on the map entitled ``Redwood National Park--Potential
Wilderness'' and dated October 9, 2019.
(3) Certain Federal land managed by the Forest Service,
comprising approximately 8,961 acres, as generally depicted on
the map entitled ``Siskiyou Wilderness Additions and Potential
Wildernesses--Proposed'' and dated July 24, 2018.
(4) Certain Federal land managed by the Forest Service,
comprising approximately 405 acres, as generally depicted on
the map entitled ``South Fork Trinity River Wilderness and
Potential Wildernesses--Proposed'' and dated March 11, 2019.
(5) Certain Federal land managed by the Forest Service,
comprising approximately 1,256 acres, as generally depicted on
the map entitled ``Trinity Alps Proposed Potential Wilderness''
and dated January 15, 2020.
(6) Certain Federal land managed by the Forest Service,
comprising approximately 4,282 acres, as generally depicted on
the map entitled ``Yolla Bolly Middle Eel Wilderness Additions
and Potential Wildernesses--Proposed'' and dated June 7, 2018.
(7) Certain Federal land managed by the Forest Service,
comprising approximately 2,909 acres, as generally depicted on
the map entitled ``Yuki Proposed Potential Wilderness'' and
dated January 15, 2020.
(b) Management.--Except as provided in subsection (c) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness areas designated by subsection (a) (referred to in this
section as ``potential wilderness areas'') as wilderness until the
potential wilderness areas are designated as wilderness under
subsection (d).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, repair of skid
tracks, and any other activities necessary to restore the
natural ecosystems in a potential wilderness area and
consistent with paragraph (2)), the Secretary may use motorized
equipment and mechanized transport in a potential wilderness
area until the potential wilderness area is designated as
wilderness under subsection (d).
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration with the least
amount of adverse impact on wilderness character and resources.
(d) Eventual Wilderness Designation.--The potential wilderness
areas shall be designated as wilderness and as a component of the
National Wilderness Preservation System on the earlier of--
(1) the date on which the Secretary publishes in the
Federal Register notice that the conditions in a potential
wilderness area that are incompatible with the Wilderness Act
(16 U.S.C. 1131 et seq.) have been removed; or
(2) the date that is 10 years after the date of enactment
of this Act for potential wilderness areas located on lands
managed by the Forest Service.
(e) Administration as Wilderness.--
(1) In general.--On its designation as wilderness under
subsection (d), a potential wilderness area shall be
administered in accordance with section 20232 and the
Wilderness Act (16 U.S.C. 1131 et seq.).
(2) Designation.--On its designation as wilderness under
subsection (d)--
(A) the land described in subsection (a)(1) shall
be incorporated in, and considered to be a part of, the
Chinquapin Wilderness established by section
20231(a)(3);
(B) the land described in subsection (a)(3) shall
be incorporated in, and considered to be a part of, the
Siskiyou Wilderness as designated by section 231(a)(30)
of the California Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 1623) (as amended by section 3(5)
of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2065) and expanded by section 20231(a)(12));
(C) the land described in subsection (a)(4) shall
be incorporated in, and considered to be a part of, the
South Fork Trinity River Wilderness established by
section 20231(a)(14);
(D) the land described in subsection (a)(5) shall
be incorporated in, and considered to be a part of, the
Trinity Alps Wilderness as designated by section
101(a)(34) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1623) (as amended by section
3(7) of Public Law 109-362 (16 U.S.C. 1132 note; 120
Stat. 2065) and expanded by section 20231(a)(15));
(E) the land described in subsection (a)(6) shall
be incorporated in, and considered to be a part of, the
Yolla Bolly-Middle Eel Wilderness as designated by
section 3 of the Wilderness Act (16 U.S.C. 1132) (as
amended by section 3(4) of Public Law 109-362 (16
U.S.C. 1132 note; 120 Stat. 2065) and expanded by
section 20231(a)(17)); and
(F) the land described in subsection (a)(7) shall
be incorporated in, and considered to be a part of, the
Yuki Wilderness as designated by section 3(3) of Public
Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2065) and
expanded by section 20231(a)(18).
(f) Report.--Within 3 years after the date of enactment of this
Act, and every 3 years thereafter until the date upon which the
potential wilderness is designated wilderness under subsection (d), the
Secretary shall submit a report to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate on the status of ecological restoration within
the potential wilderness area and the progress toward the potential
wilderness area's eventual wilderness designation under subsection (d).
SEC. 20234. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
``(231) South fork trinity river.--The following segments
from the source tributaries in the Yolla Bolly-Middle Eel
Wilderness, to be administered by the Secretary of Agriculture:
``(A) The 18.3-mile segment from its multiple
source springs in the Cedar Basin of the Yolla Bolly-
Middle Eel Wilderness in section 15, T. 27 N., R. 10 W.
to .25 miles upstream of the Wild Mad Road, as a wild
river.
``(B) The .65-mile segment from .25 miles upstream
of Wild Mad Road to the confluence with the unnamed
tributary approximately .4 miles downstream of the Wild
Mad Road in section 29, T. 28 N., R. 11 W., as a scenic
river.
``(C) The 9.8-mile segment from .75 miles
downstream of Wild Mad Road to Silver Creek, as a wild
river.
``(D) The 5.4-mile segment from Silver Creek
confluence to Farley Creek, as a scenic river.
``(E) The 3.6-mile segment from Farley Creek to
Cave Creek, as a recreational river.
``(F) The 5.6-mile segment from Cave Creek to the
confluence of the unnamed creek upstream of Hidden
Valley Ranch in section 5, T. 15, R. 7 E., as a wild
river.
``(G) The 2.5-mile segment from unnamed creek
confluence upstream of Hidden Valley Ranch to the
confluence with the unnamed creek flowing west from
Bear Wallow Mountain in section 29, T. 1 N., R. 7 E.,
as a scenic river.
``(H) The 3.8-mile segment from the unnamed creek
confluence in section 29, T. 1 N., R. 7 E. to Plummer
Creek, as a wild river.
``(I) The 1.8-mile segment from Plummer Creek to
the confluence with the unnamed tributary north of
McClellan Place in section 6, T. 1 N., R. 7 E., as a
scenic river.
``(J) The 5.4-mile segment from the unnamed
tributary confluence in section 6, T. 1 N., R. 7 E. to
Hitchcock Creek, as a wild river.
``(K) The 7-mile segment from Eltapom Creek to the
Grouse Creek, as a scenic river.
``(L) The 5-mile segment from Grouse Creek to Coon
Creek, as a wild river.
``(232) East fork south fork trinity river.--The following
segments to be administered by the Secretary of Agriculture:
``(A) The 8.4-mile segment from its source in the
Pettijohn Basin in the Yolla Bolly-Middle Eel
Wilderness in section 10, T. 3 S., R. 10 W. to .25
miles upstream of the Wild Mad Road, as a wild river.
``(B) The 3.4-mile segment from .25 miles upstream
of the Wild Mad Road to the South Fork Trinity River,
as a recreational river.
``(233) Rattlesnake creek.--The 5.9-mile segment from the
confluence with the unnamed tributary in the southeast corner
of section 5, T. 1 S., R. 12 W. to the South Fork Trinity
River, to be administered by the Secretary of Agriculture as a
recreational river.
``(234) Butter creek.--The 7-mile segment from .25 miles
downstream of the Road 3N08 crossing to the South Fork Trinity
River, to be administered by the Secretary of Agriculture as a
scenic river.
``(235) Hayfork creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.2-mile segment from Little Creek to
Bear Creek, as a recreational river.
``(B) The 13.2-mile segment from Bear Creek to the
northern boundary of section 19, T. 3 N., R. 7 E., as a
scenic river.
``(236) Olsen creek.--The 2.8-mile segment from the
confluence of its source tributaries in section 5, T. 3 N., R.
7 E. to the northern boundary of section 24, T. 3 N., R. 6 E.,
to be administered by the Secretary of the Interior as a scenic
river.
``(237) Rusch creek.--The 3.2-mile segment from .25 miles
downstream of the 32N11 Road crossing to Hayfork Creek, to be
administered by the Secretary of Agriculture as a recreational
river.
``(238) Eltapom creek.--The 3.4-mile segment from Buckhorn
Creek to the South Fork Trinity River, to be administered by
the Secretary of Agriculture as a wild river.
``(239) Grouse creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.9-mile segment from Carson Creek to Cow
Creek, as a scenic river.
``(B) The 7.4-mile segment from Cow Creek to the
South Fork Trinity River, as a recreational river.
``(240) Madden creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 6.8-mile segment from the confluence of
Madden Creek and its unnamed tributary in section 18,
T. 5 N., R. 5 E. to Fourmile Creek, as a wild river.
``(B) The 1.6-mile segment from Fourmile Creek to
the South Fork Trinity River, as a recreational river.
``(241) Canyon creek.--The following segments to be
administered by the Secretary of Agriculture and the Secretary
of the Interior:
``(A) The 6.6-mile segment from the outlet of lower
Canyon Creek Lake to Bear Creek upstream of Ripstein,
as a wild river.
``(B) The 11.2-mile segment from Bear Creek
upstream of Ripstein to the southern boundary of
section 25, T. 34 N., R. 11 W., as a recreational
river.
``(242) North fork trinity river.--The following segments
to be administered by the Secretary of Agriculture:
``(A) The 12-mile segment from the confluence of
source tributaries in section 24, T. 8 N., R. 12 W. to
the Trinity Alps Wilderness boundary upstream of Hobo
Gulch, as a wild river.
``(B) The .5-mile segment from where the river
leaves the Trinity Alps Wilderness to where it fully
reenters the Trinity Alps Wilderness downstream of Hobo
Gulch, as a scenic river.
``(C) The 13.9-mile segment from where the river
fully reenters the Trinity Alps Wilderness downstream
of Hobo Gulch to the Trinity Alps Wilderness boundary
upstream of the County Road 421 crossing, as a wild
river.
``(D) The 1.3-mile segment from the Trinity Alps
Wilderness boundary upstream of the County Road 421
crossing to the Trinity River, as a recreational river.
``(243) East fork north fork trinity river.--The following
segments to be administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment from the river's source
north of Mt. Hilton in section 19, T. 36 N., R. 10 W.
to the end of Road 35N20 approximately .5 miles
downstream of the confluence with the East Branch East
Fork North Fork Trinity River, as a wild river.
``(B) The 3.25-mile segment from the end of Road
35N20 to .25 miles upstream of Coleridge, as a scenic
river.
``(C) The 4.6-mile segment from .25 miles upstream
of Coleridge to the confluence of Fox Gulch, as a
recreational river.
``(244) New river.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 12.7-mile segment of Virgin Creek from
its source spring in section 22, T. 9 N., R. 7 E. to
Slide Creek, as a wild river.
``(B) The 2.3-mile segment of the New River where
it begins at the confluence of Virgin and Slide Creeks
to Barron Creek, as a wild river.
``(245) Middle eel river.--The following segment, to be
administered by the Secretary of Agriculture:
``(A) The 37.7-mile segment from its source in
Frying Pan Meadow to Rose Creek, as a wild river.
``(B) The 1.5-mile segment from Rose Creek to the
Black Butte River, as a recreational river.
``(C) The 10.5-mile segment of Balm of Gilead Creek
from its source in Hopkins Hollow to the Middle Eel
River, as a wild river.
``(D) The 13-mile segment of the North Fork Middle
Fork Eel River from the source on Dead Puppy Ridge in
section 11, T. 26 N., R. 11 W. to the confluence of the
Middle Eel River, as a wild river.
``(246) North fork eel river, ca.--The 14.3-mile segment
from the confluence with Gilman Creek to the Six Rivers
National Forest boundary, to be administered by the Secretary
of Agriculture as a wild river.
``(247) Red mountain creek, ca.--The following segments to
be administered by the Secretary of Agriculture:
``(A) The 5.25-mile segment from its source west of
Mike's Rock in section 23, T. 26 N., R. 12 E. to the
confluence with Littlefield Creek, as a wild river.
``(B) The 1.6-mile segment from the confluence with
Littlefield Creek to the confluence with the unnamed
tributary in section 32, T. 26 N., R. 8 E., as a scenic
river.
``(C) The 1.25-mile segment from the confluence
with the unnamed tributary in section 32, T. 4 S., R. 8
E. to the confluence with the North Fork Eel River, as
a wild river.
``(248) Redwood creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with
Lacks Creek to the confluence with Coyote Creek as a
scenic river on publication by the Secretary of a
notice in the Federal Register that sufficient
inholdings within the boundaries of the segments have
been acquired in fee title to establish a manageable
addition to the system.
``(B) The 19.1-mile segment from the confluence
with Coyote Creek in section 2, T. 8 N., R. 2 E. to the
Redwood National Park boundary upstream of Orick in
section 34, T. 11 N., R. 1 E. as a scenic river.
``(C) The 2.3-mile segment of Emerald Creek (also
known as Harry Weir Creek) from its source in section
29, T. 10 N., R. 2 E. to the confluence with Redwood
Creek as a scenic river.
``(249) Lacks creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 5.1-mile segment from the confluence with
two unnamed tributaries in section 14, T. 7 N., R. 3 E.
to Kings Crossing in section 27, T. 8 N., R. 3 E. as a
wild river.
``(B) The 2.7-mile segment from Kings Crossing to
the confluence with Redwood Creek as a scenic river
upon publication by the Secretary of a notice in the
Federal Register that sufficient inholdings within the
segment have been acquired in fee title or as scenic
easements to establish a manageable addition to the
system.
``(250) Lost man creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.4-mile segment of Lost Man Creek from
its source in section 5, T. 10 N., R. 2 E. to .25 miles
upstream of the Prairie Creek confluence, as a
recreational river.
``(B) The 2.3-mile segment of Larry Damm Creek from
its source in section 8, T. 11 N., R. 2 E. to the
confluence with Lost Man Creek, as a recreational
river.
``(251) Little lost man creek.--The 3.6-mile segment of
Little Lost Man Creek from its source in section 6, T. 10 N.,
R. 2 E. to .25 miles upstream of the Lost Man Creek road
crossing, to be administered by the Secretary of the Interior
as a wild river.
``(252) South fork elk river.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of California:
``(A) The 3.6-mile segment of the Little South Fork
Elk River from the source in section 21, T. 3 N., R. 1
E. to the confluence with the South Fork Elk River, as
a wild river.
``(B) The 2.2-mile segment of the unnamed tributary
of the Little South Fork Elk River from its source in
section 15, T. 3 N., R. 1 E. to the confluence with the
Little South Fork Elk River, as a wild river.
``(C) The 3.6-mile segment of the South Fork Elk
River from the confluence of the Little South Fork Elk
River to the confluence with Tom Gulch, as a
recreational river.
``(253) Salmon creek.--The 4.6-mile segment from its source
in section 27, T. 3 N., R. 1 E. to the Headwaters Forest
Reserve boundary in section 18, T. 3 N., R. 1 E. to be
administered by the Secretary of the Interior as a wild river
through a cooperative management agreement with the State of
California.
``(254) South fork eel river.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with
Jack of Hearts Creek to the southern boundary of the
South Fork Eel Wilderness in section 8, T. 22 N., R. 16
W., as a recreational river to be administered by the
Secretary through a cooperative management agreement
with the State of California.
``(B) The 6.1-mile segment from the southern
boundary of the South Fork Eel Wilderness to the
northern boundary of the South Fork Eel Wilderness in
section 29, T. 23 N., R. 16 W., as a wild river.
``(255) Elder creek.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of California:
``(A) The 3.6-mile segment from its source north of
Signal Peak in section 6, T. 21 N., R. 15 W. to the
confluence with the unnamed tributary near the center
of section 28, T. 22 N., R. 16 W., as a wild river.
``(B) The 1.3-mile segment from the confluence with
the unnamed tributary near the center of section 28, T.
22 N., R. 15 W. to the confluence with the South Fork
Eel River, as a recreational river.
``(C) The 2.1-mile segment of Paralyze Canyon from
its source south of Signal Peak in section 7, T. 21 N.,
R. 15 W. to the confluence with Elder Creek, as a wild
river.
``(256) Cedar creek.--The following segments to be
administered as a wild river by the Secretary of the Interior:
``(A) The 7.7-mile segment from its source in
section 22, T. 24 N., R. 16 W. to the southern boundary
of the Red Mountain unit of the South Fork Eel
Wilderness.
``(B) The 1.9-mile segment of North Fork Cedar
Creek from its source in section 28, T. 24 N., R. 16 E.
to the confluence with Cedar Creek.
``(257) East branch south fork eel river.--The following
segments to be administered by the Secretary of the Interior as
a scenic river on publication by the Secretary of a notice in
the Federal Register that sufficient inholdings within the
boundaries of the segments have been acquired in fee title or
as scenic easements to establish a manageable addition to the
system:
``(A) The 2.3-mile segment of Cruso Cabin Creek
from the confluence of two unnamed tributaries in
section 18, T. 24 N., R. 15 W. to the confluence with
Elkhorn Creek.
``(B) The 1.8-mile segment of Elkhorn Creek from
the confluence of two unnamed tributaries in section
22, T. 24 N., R. 16 W. to the confluence with Cruso
Cabin Creek.
``(C) The 14.2-mile segment of the East Branch
South Fork Eel River from the confluence of Cruso Cabin
and Elkhorn Creeks to the confluence with Rays Creek.
``(D) The 1.7-mile segment of the unnamed tributary
from its source on the north flank of Red Mountain's
north ridge in section 2, T. 24 N., R. 17 W. to the
confluence with the East Branch South Fork Eel River.
``(E) The 1.3-mile segment of the unnamed tributary
from its source on the north flank of Red Mountain's
north ridge in section 1, T. 24 N., R. 17 W. to the
confluence with the East Branch South Fork Eel River.
``(F) The 1.8-mile segment of Tom Long Creek from
the confluence with the unnamed tributary in section
12, T. 5 S., R. 4 E. to the confluence with the East
Branch South Fork Eel River.
``(258) Mattole river estuary.--The 1.5-mile segment from
the confluence of Stansberry Creek to the Pacific Ocean, to be
administered as a recreational river by the Secretary of the
Interior.
``(259) Honeydew creek.--The following segments to be
administered as a wild river by the Secretary of the Interior:
``(A) The 5.1-mile segment of Honeydew Creek from
its source in the southwest corner of section 25, T. 3
S., R. 1 W. to the eastern boundary of the King Range
National Conservation Area in section 18, T. 3 S., R. 1
E.
``(B) The 2.8-mile segment of West Fork Honeydew
Creek from its source west of North Slide Peak to the
confluence with Honeydew Creek.
``(C) The 2.7-mile segment of Upper East Fork
Honeydew Creek from its source in section 23, T. 3 S.,
R. 1 W. to the confluence with Honeydew Creek.
``(260) Bear creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 1.9-mile segment of North Fork Bear Creek
from the confluence with the unnamed tributary
immediately downstream of the Horse Mountain Road
crossing to the confluence with the South Fork, as a
scenic river.
``(B) The 6.1-mile segment of South Fork Bear Creek
from the confluence in section 2, T. 5 S., R. 1 W. with
the unnamed tributary flowing from the southwest flank
of Queen Peak to the confluence with the North Fork, as
a scenic river.
``(C) The 3-mile segment of Bear Creek from the
confluence of the North and South Forks to the southern
boundary of section 11, T. 4 S., R. 1 E., as a wild
river.
``(261) Gitchell creek.--The 3-mile segment of Gitchell
Creek from its source near Saddle Mountain to the Pacific Ocean
to be administered by the Secretary of the Interior as a wild
river.
``(262) Big flat creek.--The following segments to be
administered by the Secretary of the Interior as a wild river:
``(A) The 4-mile segment of Big Flat Creek from its
source near King Peak in section 36, T. 3 S., R. 1 W.
to the Pacific Ocean.
``(B) The .8-mile segment of the unnamed tributary
from its source in section 35, T. 3 S., R. 1 W. to the
confluence with Big Flat Creek.
``(C) The 2.7-mile segment of North Fork Big Flat
Creek from the source in section 34, T. 3 S., R. 1 W.
to the confluence with Big Flat Creek.
``(263) Big creek.--The following segments to be
administered by the Secretary of the Interior as wild rivers:
``(A) The 2.7-mile segment of Big Creek from its
source in section 26, T. 3 S., R. 1 W. to the Pacific
Ocean.
``(B) The 1.9-mile unnamed southern tributary from
its source in section 25, T. 3 S., R. 1 W. to the
confluence with Big Creek.
``(264) Elk creek.--The 11.4-mile segment from its
confluence with Lookout Creek to its confluence with Deep Hole
Creek, to be jointly administered by the Secretaries of
Agriculture and the Interior, as a wild river.
``(265) Eden creek.--The 2.7-mile segment from the private
property boundary in the northwest quarter of section 27, T. 21
N., R. 12 W. to the eastern boundary of section 23, T. 21 N.,
R. 12 W., to be administered by the Secretary of the Interior
as a wild river.
``(266) Deep hole creek.--The 4.3-mile segment from the
private property boundary in the southwest quarter of section
13, T. 20 N., R. 12 W. to the confluence with Elk Creek, to be
administered by the Secretary of the Interior as a wild river.
``(267) Indian creek.--The 3.3-mile segment from 300 feet
downstream of the jeep trail in section 13, T. 20 N., R. 13 W.
to the confluence with the Eel River, to be administered by the
Secretary of the Interior as a wild river.
``(268) Fish creek.--The 4.2-mile segment from the source
at Buckhorn Spring to the confluence with the Eel River, to be
administered by the Secretary of the Interior as a wild
river.''.
SEC. 20235. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there is
established the Sanhedrin Special Conservation Management Area
(referred to in this section as the ``conservation management area''),
comprising approximately 14,177 acres of Federal land administered by
the Forest Service in Mendocino County, California, as generally
depicted on the map entitled ``Sanhedrin Special Conservation
Management Area--Proposed'' and dated April 12, 2017.
(b) Purposes.--The purposes of the conservation management area are
to--
(1) conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, roadless, cultural, historical,
natural, educational, and scientific resources of the
conservation management area;
(2) protect and restore late-successional forest structure,
oak woodlands and grasslands, aquatic habitat, and anadromous
fisheries within the conservation management area;
(3) protect and restore the wilderness character of the
conservation management area; and
(4) allow visitors to enjoy the scenic, natural, cultural,
and wildlife values of the conservation management area.
(c) Management.--
(1) In general.--The Secretary shall manage the
conservation management area--
(A) in a manner consistent with the purposes
described in subsection (b); and
(B) in accordance with--
(i) the laws (including regulations)
generally applicable to the National Forest
System;
(ii) this section; and
(iii) any other applicable law (including
regulations).
(2) Uses.--The Secretary shall only allow uses of the
conservation management area that the Secretary determines
would further the purposes described in subsection (b).
(d) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (3), the
use of motorized vehicles in the conservation management area
shall be permitted only on existing roads, trails, and areas
designated for use by such vehicles as of the date of enactment
of this Act.
(2) New or temporary roads.--Except as provided in
paragraph (3), no new or temporary roads shall be constructed
within the conservation management area.
(3) Exception.--Nothing in paragraph (1) or (2) prevents
the Secretary from--
(A) rerouting or closing an existing road or trail
to protect natural resources from degradation, or to
protect public safety, as determined to be appropriate
by the Secretary;
(B) designating routes of travel on lands acquired
by the Secretary and incorporated into the conservation
management area if the designations are--
(i) consistent with the purposes described
in subsection (b); and
(ii) completed, to the maximum extent
practicable, within 3 years of the date of
acquisition;
(C) constructing a temporary road on which
motorized vehicles are permitted as part of a
vegetation management project carried out in accordance
with subsection (e);
(D) authorizing the use of motorized vehicles for
administrative purposes; or
(E) responding to an emergency.
(4) Decommissioning of temporary roads.--
(A) Requirement.--The Secretary shall decommission
any temporary road constructed under paragraph (3)(C)
not later than 3 years after the date on which the
applicable vegetation management project is completed.
(B) Definition.--As used in subparagraph (A), the
term ``decommission'' means--
(i) to reestablish vegetation on a road;
and
(ii) to restore any natural drainage,
watershed function, or other ecological
processes that are disrupted or adversely
impacted by the road by removing or
hydrologically disconnecting the road prism.
(e) Timber Harvest.--
(1) In general.--Except as provided in paragraph (2), no
harvesting of timber shall be allowed within the conservation
management area.
(2) Exceptions.--The Secretary may authorize harvesting of
timber in the conservation management area--
(A) if the Secretary determines that the harvesting
is necessary to further the purposes of the
conservation management area;
(B) in a manner consistent with the purposes
described in subsection (b); and
(C) subject to--
(i) such reasonable regulations, policies,
and practices as the Secretary determines
appropriate; and
(ii) all applicable laws (including
regulations).
(f) Grazing.--The grazing of livestock in the conservation
management area, where established before the date of enactment of this
Act, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies, and
practices as the Secretary considers necessary; and
(B) applicable law (including regulations); and
(2) in a manner consistent with the purposes described in
subsection (b).
(g) Wildfire, Insect, and Disease Management.--Consistent with this
section, the Secretary may take any measures within the conservation
management area that the Secretary determines to be necessary to
control fire, insects, and diseases, including the coordination of
those activities with a State or local agency.
(h) Acquisition and Incorporation of Land and Interests in Land.--
(1) Acquisition authority.--In accordance with applicable
laws (including regulations), the Secretary may acquire any
land or interest in land within or adjacent to the boundaries
of the conservation management area by purchase from willing
sellers, donation, or exchange.
(2) Incorporation.--Any land or interest in land acquired
by the Secretary under paragraph (1) shall be--
(A) incorporated into, and administered as part of,
the conservation management area; and
(B) withdrawn in accordance with subsection (i).
(i) Withdrawal.--Subject to valid existing rights, all Federal land
located in the conservation management area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
Subtitle D--Miscellaneous
SEC. 20241. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall prepare maps and legal descriptions of
the--
(1) wilderness areas and wilderness additions designated by
section 20231;
(2) potential wilderness areas designated by section 20233;
(3) South Fork Trinity-Mad River Restoration Area;
(4) Horse Mountain Special Management Area; and
(5) Sanhedrin Special Conservation Management Area.
(b) Submission of Maps and Legal Descriptions.--The Secretary shall
file the maps and legal descriptions prepared under subsection (a)
with--
(1) the Committee on Natural Resources of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
(c) Force of Law.--The maps and legal descriptions prepared under
subsection (a) shall have the same force and effect as if included in
this title, except that the Secretary may correct any clerical and
typographical errors in the maps and legal descriptions.
(d) Public Availability.--The maps and legal descriptions prepared
under subsection (a) shall be on file and available for public
inspection in the appropriate offices of the Forest Service, Bureau of
Land Management, and National Park Service.
SEC. 20242. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.
As soon as practicable, in accordance with applicable laws
(including regulations), the Secretary shall incorporate the
designations and studies required by this title into updated management
plans for units covered by this title.
SEC. 20243. PACIFIC GAS AND ELECTRIC COMPANY UTILITY FACILITIES AND
RIGHTS-OF-WAY.
(a) Effect of Act.--Nothing in this title--
(1) affects any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair, relocation
within an existing right-of-way, replacement, or other
authorized activity (including the use of any mechanized
vehicle, helicopter, and other aerial device) in a right-of-way
acquired by or issued, granted, or permitted to Pacific Gas and
Electric Company (including any predecessor or successor in
interest or assign) that is located on land included in the
South Fork Trinity--Mad River Restoration Area, Bigfoot
National Recreation Trail, Sanhedrin Special Conservation
Management Area, and Horse Mountain Special Management Area; or
(2) prohibits the upgrading or replacement of any--
(A) utility facilities of the Pacific Gas and
Electric Company, including those utility facilities
known on the date of enactment of this Act within the--
(i) South Fork Trinity--Mad River
Restoration Area known as--
(I) Gas Transmission Line 177A or
rights-of-way;
(II) Gas Transmission Line DFM
1312-02 or rights-of-way;
(III) Electric Transmission Line
Bridgeville--Cottonwood 115 kV or
rights-of-way;
(IV) Electric Transmission Line
Humboldt--Trinity 60 kV or rights-of-
way;
(V) Electric Transmission Line
Humboldt--Trinity 115 kV or rights-of-
way;
(VI) Electric Transmission Line
Maple Creek--Hoopa 60 kV or rights-of-
way;
(VII) Electric Distribution Line--
Willow Creek 1101 12 kV or rights-of-
way;
(VIII) Electric Distribution Line--
Willow Creek 1103 12 kV or rights-of-
way;
(IX) Electric Distribution Line--
Low Gap 1101 12 kV or rights-of-way;
(X) Electric Distribution Line--
Fort Seward 1121 12 kV or rights-of-
way;
(XI) Forest Glen Border District
Regulator Station or rights-of-way;
(XII) Durret District Gas Regulator
Station or rights-of-way;
(XIII) Gas Distribution Line 4269C
or rights-of-way;
(XIV) Gas Distribution Line 43991
or rights-of-way;
(XV) Gas Distribution Line 4993D or
rights-of-way;
(XVI) Sportsmans Club District Gas
Regulator Station or rights-of-way;
(XVII) Highway 36 and Zenia
District Gas Regulator Station or
rights-of-way;
(XVIII) Dinsmore Lodge 2nd Stage
Gas Regulator Station or rights-of-way;
(XIX) Electric Distribution Line--
Wildwood 1101 12kV or rights-of-way;
(XX) Low Gap Substation;
(XXI) Hyampom Switching Station; or
(XXII) Wildwood Substation;
(ii) Bigfoot National Recreation Trail
known as--
(I) Gas Transmission Line 177A or
rights-of-way;
(II) Electric Transmission Line
Humboldt--Trinity 115 kV or rights-of-
way;
(III) Electric Transmission Line
Bridgeville--Cottonwood 115 kV or
rights-of-way; or
(IV) Electric Transmission Line
Humboldt--Trinity 60 kV or rights-of-
way;
(iii) Sanhedrin Special Conservation
Management Area known as, Electric Distribution
Line--Willits 1103 12 kV or rights-of-way; or
(iv) Horse Mountain Special Management Area
known as, Electric Distribution Line Willow
Creek 1101 12 kV or rights-of-way; or
(B) utility facilities of the Pacific Gas and
Electric Company in rights-of-way issued, granted, or
permitted by the Secretary adjacent to a utility
facility referred to in paragraph (1).
(b) Plans for Access.--Not later than 1 year after the date of
enactment of this subtitle or the issuance of a new utility facility
right-of-way within the South Fork Trinity--Mad River Restoration Area,
Bigfoot National Recreation Trail, Sanhedrin Special Conservation
Management Area, and Horse Mountain Special Management Area, whichever
is later, the Secretary, in consultation with the Pacific Gas and
Electric Company, shall publish plans for regular and emergency access
by the Pacific Gas and Electric Company to the rights-of-way of the
Pacific Gas and Electric Company.
TITLE III--CENTRAL COAST HERITAGE PROTECTION
SEC. 20301. SHORT TITLE.
This title may be cited as the ``Central Coast Heritage Protection
Act''.
SEC. 20302. DEFINITIONS.
In this title:
(1) Scenic areas.--The term ``scenic area'' means a scenic
area designated by section 20308(a).
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land managed by the Bureau of
Land Management, the Secretary of the Interior; and
(B) with respect to land managed by the Forest
Service, the Secretary of Agriculture.
(3) State.--The term ``State'' means the State of
California.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area or wilderness addition designated by section
20303(a).
SEC. 20303. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 35,116
acres, as generally depicted on the map entitled ``Proposed
Caliente Mountain Wilderness'' and dated November 13, 2019,
which shall be known as the ``Caliente Mountain Wilderness''.
(2) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 13,332
acres, as generally depicted on the map entitled ``Proposed
Soda Lake Wilderness'' and dated June 25, 2019, which shall be
known as the ``Soda Lake Wilderness''.
(3) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 12,585
acres, as generally depicted on the map entitled ``Proposed
Temblor Range Wilderness'' and dated June 25, 2019, which shall
be known as the ``Temblor Range Wilderness''.
(4) Certain land in the Los Padres National Forest
comprising approximately 23,670 acres, as generally depicted on
the map entitled ``Chumash Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Chumash Wilderness
as designated by the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat. 242).
(5) Certain land in the Los Padres National Forest
comprising approximately 54,036 acres, as generally depicted on
the maps entitled ``Dick Smith Wilderness Area Additions--
Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)'' and
``Dick Smith Wilderness Area Additions--Proposed Map 2 of 2
(Buckhorn and Mono Units)'' and dated November 14, 2019, which
shall be incorporated into and managed as part of the Dick
Smith Wilderness as designated by the California Wilderness Act
of 1984 (Public Law 98-425; 16 U.S.C. 1132 note).
(6) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 7,289 acres, as generally depicted on
the map entitled ``Garcia Wilderness Area Additions--Proposed''
and dated March 29, 2019, which shall be incorporated into and
managed as part of the Garcia Wilderness as designated by the
Los Padres Condor Range and River Protection Act (Public Law
102-301; 106 Stat. 242).
(7) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 8,774 acres, as generally depicted on
the map entitled ``Machesna Mountain Wilderness--Proposed
Additions'' and dated October 30, 2019, which shall be
incorporated into and managed as part of the Machesna Mountain
Wilderness as designated by the California Wilderness Act of
1984 (Public Law 98-425; 16 U.S.C. 1132 note).
(8) Certain land in the Los Padres National Forest
comprising approximately 30,184 acres, as generally depicted on
the map entitled ``Matilija Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Matilija
Wilderness as designated by the Los Padres Condor Range and
River Protection Act (Public Law 102-301; 106 Stat. 242).
(9) Certain land in the Los Padres National Forest
comprising approximately 23,969 acres, as generally depicted on
the map entitled ``San Rafael Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the San Rafael
Wilderness as designated by Public Law 90-271 (82 Stat. 51),
the California Wilderness Act of 1984 (Public Law 98-425; 16
U.S.C. 1132 note), and the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat. 242).
(10) Certain land in the Los Padres National Forest
comprising approximately 2,921 acres, as generally depicted on
the map entitled ``Santa Lucia Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Santa Lucia
Wilderness as designated by the Endangered American Wilderness
Act of 1978 (Public Law 95-237; 16 U.S.C. 1132 note).
(11) Certain land in the Los Padres National Forest
comprising approximately 14,313 acres, as generally depicted on
the map entitled ``Sespe Wilderness Area Additions--Proposed''
and dated March 29, 2019, which shall be incorporated into and
managed as part of the Sespe Wilderness as designated by the
Los Padres Condor Range and River Protection Act (Public Law
102-301; 106 Stat. 242).
(12) Certain land in the Los Padres National Forest
comprising approximately 17,870 acres, as generally depicted on
the map entitled ``Diablo Caliente Wilderness Area--Proposed''
and dated March 29, 2019, which shall be known as the ``Diablo
Caliente Wilderness''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the wilderness areas with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
any clerical and typographical errors in the maps and legal
descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
SEC. 20304. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National
Forest comprising approximately 2,359 acres, as generally depicted on
the map entitled ``Machesna Mountain Potential Wilderness'' and dated
March 29, 2019, is designated as the Machesna Mountain Potential
Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Machesna Mountain Potential Wilderness Area
(referred to in this section as the ``potential wilderness
area'') with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
any clerical and typographical errors in the map and legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.).
(d) Trail Use, Construction, Reconstruction, and Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary may reconstruct, realign, or reroute the Pine
Mountain Trail.
(2) Requirement.--In carrying out the reconstruction,
realignment, or rerouting under paragraph (1), the Secretary
shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use the
minimum tool or administrative practice necessary to
accomplish the reconstruction, realignment, or
rerouting with the least amount of adverse impact on
wilderness character and resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail reconstruction, realignment,
or rerouting authorized by this subsection.
(4) Motorized and mechanized vehicles.--The Secretary may
permit the use of motorized and mechanized vehicles on the
existing Pine Mountain Trail in accordance with existing law
(including regulations) and this subsection until such date as
the potential wilderness area is designated as wilderness in
accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the potential wilderness area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into cooperative agreements with State, Tribal, and
local governmental entities and private entities to complete the trail
reconstruction, realignment, or rerouting authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of the
potential wilderness area to exclude any area within 150 feet of the
centerline of the new location of any trail that has been
reconstructed, realigned, or rerouted under subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and as
a component of the National Wilderness Preservation System on
the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that the trail
reconstruction, realignment, or rerouting authorized by
subsection (d) has been completed; or
(B) the date that is 20 years after the date of
enactment of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the Machesna Mountain
Wilderness Area, as designated by the California
Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C.
1132 note) and expanded by section 20303; and
(B) administered in accordance with section 305 and
the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 20305. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the wilderness
areas shall be administered by the Secretary in accordance with this
title and the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered to
be a reference to the date of enactment of this Act; and
(2) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the Secretary of Agriculture shall be considered to be
a reference to the Secretary that has jurisdiction over the
wilderness area.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take any measures in a
wilderness area as are necessary for the control of fire,
insects, and diseases in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of
the 98th Congress.
(2) Funding priorities.--Nothing in this title limits
funding for fire and fuels management in the wilderness areas.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local information in
the Fire Management Reference System or individual operational
plans that apply to the land designated as a wilderness area.
(4) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness areas, the
Secretary shall enter into agreements with appropriate State or
local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness areas, if
established before the date of enactment of this Act, shall be
permitted to continue, subject to any reasonable regulations as the
Secretary considers necessary in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4));
(2) the guidelines set forth in Appendix A of House Report
101-405, accompanying H.R. 2570 of the 101st Congress for land
under the jurisdiction of the Secretary of the Interior;
(3) the guidelines set forth in House Report 96-617,
accompanying H.R. 5487 of the 96th Congress for land under the
jurisdiction of the Secretary of Agriculture; and
(4) all other laws governing livestock grazing on Federal
public land.
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title
affects the jurisdiction or responsibilities of the State with
respect to fish and wildlife on public land in the State.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities that are
necessary to maintain or restore fish and wildlife populations
and habitats in the wilderness areas, if the management
activities are--
(A) consistent with relevant wilderness management
plans;
(B) conducted in accordance with appropriate
policies, such as the policies established in Appendix
B of House Report 101-405; and
(C) in accordance with memoranda of understanding
between the Federal agencies and the State Department
of Fish and Wildlife.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas by this title to lead to the
creation of protective perimeters or buffer zones around each
wilderness area.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over the
wilderness areas;
(2) the designation of new units of special airspace over
the wilderness areas; or
(3) the use or establishment of military flight training
routes over wilderness areas.
(g) Horses.--Nothing in this title precludes horseback riding in,
or the entry of recreational saddle or pack stock into, a wilderness
area--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the wilderness
areas are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(i) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area that is acquired by the United States
shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(C) any other applicable law.
(j) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in the wilderness areas if the
Secretary determines that the facilities and access to the facilities
are essential to flood warning, flood control, or water reservoir
operation activities.
SEC. 20306. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Indian Creek, Mono Creek, and Matilija Creek, California.--
Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
``(231) Indian creek, california.--The following segments
of Indian Creek in the State of California, to be administered
by the Secretary of Agriculture:
``(A) The 9.5-mile segment of Indian Creek from its
source in sec. 19, T. 7 N., R. 26 W., to the Dick Smith
Wilderness boundary, as a wild river.
``(B) The 1-mile segment of Indian Creek from the
Dick Smith Wilderness boundary to 0.25 miles downstream
of Road 6N24, as a scenic river.
``(C) The 3.9-mile segment of Indian Creek from
0.25 miles downstream of Road 6N24 to the southern
boundary of sec. 32, T. 6 N., R. 26 W., as a wild
river.
``(232) Mono creek, california.--The following segments of
Mono Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 4.2-mile segment of Mono Creek from its
source in sec. 1, T. 7 N., R. 26 W., to 0.25 miles
upstream of Don Victor Fire Road in sec. 28, T. 7 N.,
R. 25 W., as a wild river.
``(B) The 2.1-mile segment of Mono Creek from 0.25
miles upstream of the Don Victor Fire Road in sec. 28,
T. 7 N., R. 25 W., to 0.25 miles downstream of Don
Victor Fire Road in sec. 34, T. 7 N., R. 25 W., as a
recreational river.
``(C) The 14.7-mile segment of Mono Creek from 0.25
miles downstream of Don Victor Fire Road in sec. 34, T.
7 N., R. 25 W., to the Ogilvy Ranch private property
boundary in sec. 22, T. 6 N., R. 26 W., as a wild
river.
``(D) The 3.5-mile segment of Mono Creek from the
Ogilvy Ranch private property boundary to the southern
boundary of sec. 33, T. 6 N., R. 26 W., as a
recreational river.
``(233) Matilija creek, california.--The following segments
of Matilija Creek in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 7.2-mile segment of the Matilija Creek
from its source in sec. 25, T. 6 N., R. 25 W., to the
private property boundary in sec. 9, T. 5 N., R. 24 W.,
as a wild river.
``(B) The 7.25-mile segment of the Upper North Fork
Matilija Creek from its source in sec. 36, T. 6 N., R.
24 W., to the Matilija Wilderness boundary, as a wild
river.''.
(b) Sespe Creek, California.--Section 3(a) of the National Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph
(142) and inserting the following:
``(142) Sespe creek, california.--The following segments of
Sespe Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 2.7-mile segment of Sespe Creek from the
private property boundary in sec. 10, T. 6 N., R. 24
W., to the Hartman Ranch private property boundary in
sec. 14, T. 6 N., R. 24 W., as a wild river.
``(B) The 15-mile segment of Sespe Creek from the
Hartman Ranch private property boundary in sec. 14, T.
6 N., R. 24 W., to the western boundary of sec. 6, T. 5
N., R. 22 W., as a recreational river.
``(C) The 6.1-mile segment of Sespe Creek from the
western boundary of sec. 6, T. 5 N., R. 22 W., to the
confluence with Trout Creek, as a scenic river.
``(D) The 28.6-mile segment of Sespe Creek from the
confluence with Trout Creek to the southern boundary of
sec. 35, T. 5 N., R. 20 W., as a wild river.''.
(c) Sisquoc River, California.--Section 3(a) of the National Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking
paragraph (143) and inserting the following:
``(143) Sisquoc river, california.--The following segments
of the Sisquoc River and its tributaries in the State of
California, to be administered by the Secretary of Agriculture:
``(A) The 33-mile segment of the main stem of the
Sisquoc River extending from its origin downstream to
the Los Padres Forest boundary, as a wild river.
``(B) The 4.2-mile segment of the South Fork
Sisquoc River from its source northeast of San Rafael
Mountain in sec. 2, T. 7 N., R. 28 W., to its
confluence with the Sisquoc River, as a wild river.
``(C) The 10.4-mile segment of Manzana Creek from
its source west of San Rafael Peak in sec. 4, T. 7 N.,
R. 28 W., to the San Rafael Wilderness boundary
upstream of Nira Campground, as a wild river.
``(D) The 0.6-mile segment of Manzana Creek from
the San Rafael Wilderness boundary upstream of the Nira
Campground to the San Rafael Wilderness boundary
downstream of the confluence of Davy Brown Creek, as a
recreational river.
``(E) The 5.8-mile segment of Manzana Creek from
the San Rafael Wilderness boundary downstream of the
confluence of Davy Brown Creek to the private property
boundary in sec. 1, T. 8 N., R. 30 W., as a wild river.
``(F) The 3.8-mile segment of Manzana Creek from
the private property boundary in sec. 1, T. 8 N., R. 30
W., to the confluence of the Sisquoc River, as a
recreational river.
``(G) The 3.4-mile segment of Davy Brown Creek from
its source west of Ranger Peak in sec. 32, T. 8 N., R.
29 W., to 300 feet upstream of its confluence with
Munch Canyon, as a wild river.
``(H) The 1.4-mile segment of Davy Brown Creek from
300 feet upstream of its confluence with Munch Canyon
to its confluence with Manzana Creek, as a recreational
river.
``(I) The 2-mile segment of Munch Canyon from its
source north of Ranger Peak in sec. 33, T. 8 N., R. 29
W., to 300 feet upstream of its confluence with Sunset
Valley Creek, as a wild river.
``(J) The 0.5-mile segment of Munch Canyon from 300
feet upstream of its confluence with Sunset Valley
Creek to its confluence with Davy Brown Creek, as a
recreational river.
``(K) The 2.6-mile segment of Fish Creek from 500
feet downstream of Sunset Valley Road to its confluence
with Manzana Creek, as a wild river.
``(L) The 1.5-mile segment of East Fork Fish Creek
from its source in sec. 26, T. 8 N., R. 29 W., to its
confluence with Fish Creek, as a wild river.''.
(d) Piru Creek, California.--Section 3(a) of the National Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph
(199) and inserting the following:
``(199) Piru creek, california.--The following segments of
Piru Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 9.1-mile segment of Piru Creek from its
source in sec. 3, T. 6 N., R. 22 W., to the private
property boundary in sec. 4, T. 6 N., R. 21 W., as a
wild river.
``(B) The 17.2-mile segment of Piru Creek from the
private property boundary in sec. 4, T. 6 N., R. 21 W.,
to 0.25 miles downstream of the Gold Hill Road, as a
scenic river.
``(C) The 4.1-mile segment of Piru Creek from 0.25
miles downstream of Gold Hill Road to the confluence
with Trail Canyon, as a wild river.
``(D) The 7.25-mile segment of Piru Creek from the
confluence with Trail Canyon to the confluence with
Buck Creek, as a scenic river.
``(E) The 3-mile segment of Piru Creek from 0.5
miles downstream of Pyramid Dam at the first bridge
crossing to the boundary of the Sespe Wilderness, as a
recreational river.
``(F) The 13-mile segment of Piru Creek from the
boundary of the Sespe Wilderness to the boundary of the
Sespe Wilderness, as a wild river.
``(G) The 2.2-mile segment of Piru Creek from the
boundary of the Sespe Wilderness to the upper limit of
Piru Reservoir, as a recreational river.''.
(e) Effect.--The designation of additional miles of Piru Creek
under subsection (d) shall not affect valid water rights in existence
on the date of enactment of this Act.
(f) Motorized Use of Trails.--Nothing in this section (including
the amendments made by this section) affects the motorized use of
trails designated by the Forest Service for motorized use that are
located adjacent to and crossing upper Piru Creek, if the use is
consistent with the protection and enhancement of river values under
the National Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 20307. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National
Forest comprising approximately 41,082 acres, as generally depicted on
the map entitled ``Fox Mountain Potential Wilderness Area'' and dated
November 14, 2019, is designated as the Fox Mountain Potential
Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture shall file
a map and a legal description of the Fox Mountain Potential
Wilderness Area (referred to in this section as the ``potential
wilderness area'') with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary of
Agriculture may correct any clerical and typographical errors
in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.).
(d) Trail Use Construction, Reconstruction, and Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture may--
(A) construct a new trail for use by hikers,
equestrians, and mechanized vehicles that connects the
Aliso Park Campground to the Bull Ridge Trail; and
(B) reconstruct or realign--
(i) the Bull Ridge Trail; and
(ii) the Rocky Ridge Trail.
(2) Requirement.--In carrying out the construction,
reconstruction, or alignment under paragraph (1), the Secretary
shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use the
minimum tool or administrative practice necessary to
accomplish the construction, reconstruction, or
alignment with the least amount of adverse impact on
wilderness character and resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail construction, reconstruction,
or realignment authorized by this subsection.
(4) Mechanized vehicles.--The Secretary may permit the use
of mechanized vehicles on the existing Bull Ridge Trail and
Rocky Ridge Trail in accordance with existing law (including
regulations) and this subsection until such date as the
potential wilderness area is designated as wilderness in
accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the potential wilderness area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into cooperative agreements with State, Tribal, and
local governmental entities and private entities to complete the trail
construction, reconstruction, and realignment authorized by subsection
(d).
(g) Boundaries.--The Secretary shall modify the boundary of the
potential wilderness area to exclude any area within 50 feet of the
centerline of the new location of any trail that has been constructed,
reconstructed, or realigned under subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and as
a component of the National Wilderness Preservation System on
the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that the trail
construction, reconstruction, or alignment authorized
by subsection (d) has been completed; or
(B) the date that is 20 years after the date of
enactment of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the San Rafael Wilderness, as
designated by Public Law 90-271 (82 Stat. 51), the
California Wilderness Act of 1984 (Public Law 98-425;
16 U.S.C. 1132 note), and the Los Padres Condor Range
and River Protection Act (Public Law 102-301; 106 Stat.
242), and section 20303; and
(B) administered in accordance with section 20305
and the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 20308. DESIGNATION OF SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there are
established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the Los
Padres National Forest comprising approximately 18,666 acres,
as generally depicted on the map entitled ``Condor Ridge Scenic
Area--Proposed'' and dated March 29, 2019, which shall be known
as the ``Condor Ridge Scenic Area''.
(2) Black mountain scenic area.--Certain land in the Los
Padres National Forest and the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 16,216
acres, as generally depicted on the map entitled ``Black
Mountain Scenic Area--Proposed'' and dated March 29, 2019,
which shall be known as the ``Black Mountain Scenic Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture shall file
a map and legal description of the Condor Ridge Scenic Area and
Black Mountain Scenic Area with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary of
Agriculture may correct any clerical and typographical errors
in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(c) Purpose.--The purpose of the scenic areas is to conserve,
protect, and enhance for the benefit and enjoyment of present and
future generations the ecological, scenic, wildlife, recreational,
cultural, historical, natural, educational, and scientific resources of
the scenic areas.
(d) Management.--
(1) In general.--The Secretary shall administer the scenic
areas--
(A) in a manner that conserves, protects, and
enhances the resources of the scenic areas, and in
particular the scenic character attributes of the
scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management
Act (43 U.S.C. 1701 et seq.) for land under the
jurisdiction of the Secretary of the Interior;
(iii) any laws (including regulations)
relating to the National Forest System, for
land under the jurisdiction of the Secretary of
Agriculture; and
(iv) any other applicable law (including
regulations).
(2) Uses.--The Secretary shall only allow those uses of the
scenic areas that the Secretary determines would further the
purposes described in subsection (c).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the scenic areas is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Prohibited Uses.--The following shall be prohibited on the
Federal land within the scenic areas:
(1) Permanent roads.
(2) Permanent structures.
(3) Timber harvesting except when necessary for the
purposes described in subsection (g).
(4) Transmission lines.
(5) Except as necessary to meet the minimum requirements
for the administration of the scenic areas and to protect
public health and safety--
(A) the use of motorized vehicles; or
(B) the establishment of temporary roads.
(6) Commercial enterprises, except as necessary for
realizing the purposes of the scenic areas.
(g) Wildfire, Insect, and Disease Management.--Consistent with this
section, the Secretary may take any measures in the scenic areas that
the Secretary determines to be necessary to control fire, insects, and
diseases, including, as the Secretary determines to be appropriate, the
coordination of those activities with the State or a local agency.
(h) Adjacent Management.--The fact that an otherwise authorized
activity or use can be seen or heard within a scenic area shall not
preclude the activity or use outside the boundary of the scenic area.
SEC. 20309. CONDOR NATIONAL SCENIC TRAIL.
(a) In General.--The contiguous trail established pursuant to this
section shall be known as the ``Condor National Scenic Trail'' named
after the California condor, a critically endangered bird species that
lives along the extent of the trail corridor.
(b) Purpose.--The purposes of the Condor National Scenic Trail are
to--
(1) provide a continual extended hiking corridor that
connects the southern and northern portions of the Los Padres
National Forest, spanning the entire length of the forest along
the coastal mountains of southern and central California; and
(2) provide for the public enjoyment of the nationally
significant scenic, historic, natural, and cultural qualities
of the Los Padres National Forest.
(c) Amendment.--Section 5(a) of the National Trails System Act (16
U.S.C. 1244(a)) is amended by adding at the end the following:
``(31) Condor national scenic trail.--
``(A) In general.--The Condor National Scenic
Trail, a trail extending approximately 400 miles from
Lake Piru in the southern portion of the Los Padres
National Forest to the Bottchers Gap Campground in
northern portion of the Los Padres National Forest.
``(B) Administration.--The trail shall be
administered by the Secretary of Agriculture, in
consultation with--
``(i) other Federal, State, Tribal,
regional, and local agencies;
``(ii) private landowners; and
``(iii) other interested organizations.
``(C) Recreational uses.--Notwithstanding section
7(c), the use of motorized vehicles on roads or trails
included in the Condor National Scenic Trail on which
motorized vehicles are permitted as of the date of
enactment of this paragraph may be permitted.
``(D) Private property rights.--
``(i) Prohibition.--The Secretary shall not
acquire for the trail any land or interest in
land outside the exterior boundary of any
federally managed area without the consent of
the owner of land or interest in land.
``(ii) Effect.--Nothing in this paragraph--
``(I) requires any private property
owner to allow public access (including
Federal, State, or local government
access) to private property; or
``(II) modifies any provision of
Federal, State, or local law with
respect to public access to or use of
private land.
``(E) Realignment.--The Secretary of Agriculture
may realign segments of the Condor National Scenic
Trail as necessary to fulfill the purposes of the
trail.
``(F) Map.--A map generally depicting the trail
described in subparagraph (A) shall be on file and
available for public inspection in the appropriate
offices of the Forest Service.''.
(d) Study.--
(1) Study required.--Not later than 3 years after the date
of enactment of this Act, in accordance with this section, the
Secretary of Agriculture shall conduct a study that--
(A) addresses the feasibility of, and alternatives
for, connecting the northern and southern portions of
the Los Padres National Forest by establishing a trail
across the applicable portions of the northern and
southern Santa Lucia Mountains of the southern
California Coastal Range; and
(B) considers realignment of the trail or
construction of new trail segments to avoid existing
trail segments that currently allow motorized vehicles.
(2) Contents.--In carrying out the study required by
paragraph (1), the Secretary of Agriculture shall--
(A) conform to the requirements for national scenic
trail studies described in section 5(b) of the National
Trails System Act (16 U.S.C. 1244(b));
(B) provide for a continual hiking route through
and connecting the southern and northern sections of
the Los Padres National Forest;
(C) promote recreational, scenic, wilderness and
cultural values;
(D) enhance connectivity with the overall National
Forest trail system;
(E) consider new connectors and realignment of
existing trails;
(F) emphasize safe and continuous public access,
dispersal from high-use areas, and suitable water
sources; and
(G) to the extent practicable, provide all-year
use.
(3) Additional requirement.--In completing the study
required by paragraph (1), the Secretary of Agriculture shall
consult with--
(A) appropriate Federal, State, Tribal, regional,
and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(4) Submission.--The Secretary of Agriculture shall submit
the study required by paragraph (1) to--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(5) Additions and alterations to the condor national scenic
trail.--
(A) In general.--Upon completion of the study
required by paragraph (1), if the Secretary of
Agriculture determines that additional or alternative
trail segments are feasible for inclusion in the Condor
National Scenic Trail, the Secretary of Agriculture
shall include those segments in the Condor National
Scenic Trail.
(B) Effective date.--Additions or alternations to
the Condor National Scenic Trail shall be effective on
the date the Secretary of Agriculture publishes in the
Federal Register notice that the additional or
alternative segments are included in the Condor
National Scenic Trail.
(e) Cooperative Agreements.--In carrying out this section
(including the amendments made by this section), the Secretary of
Agriculture may enter into cooperative agreements with State, Tribal,
and local government entities and private entities to complete needed
trail construction, reconstruction, and realignment projects authorized
by this section (including the amendments made by this section).
SEC. 20310. FOREST SERVICE STUDY.
Not later than 6 years after the date of enactment of this Act, the
Secretary of Agriculture (acting through the Chief of the Forest
Service) shall study the feasibility of opening a new trail, for
vehicles measuring 50 inches or less, connecting Forest Service Highway
95 to the existing off-highway vehicle trail system in the Ballinger
Canyon off-highway vehicle area.
SEC. 20311. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 6 years after the date of enactment of this Act, the
Secretary of Agriculture, in consultation with interested parties,
shall conduct a study to improve nonmotorized recreation trail
opportunities (including mountain bicycling) on land not designated as
wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger
districts.
SEC. 20312. USE BY MEMBERS OF TRIBES.
(a) Access.--The Secretary shall ensure that Tribes have access, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to the
wilderness areas, scenic areas, and potential wilderness areas
designated by this title for traditional cultural and religious
purposes.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the
Secretary, on request of a Tribe, may temporarily close to the
general public one or more specific portions of a wilderness
area, scenic area, or potential wilderness area designated by
this title to protect the privacy of the members of the Tribe
in the conduct of traditional cultural and religious
activities.
(2) Requirement.--Any closure under paragraph (1) shall
be--
(A) made in such a manner as to affect the smallest
practicable area for the minimum period of time
necessary for the activity to be carried out; and
(B) be consistent with the purpose and intent of
Public Law 95-341 (commonly known as the American
Indian Religious Freedom Act) (42 U.S.C. 1996) and the
Wilderness Act (16 U.S.C. 1131 et seq.).
TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
SEC. 20401. SHORT TITLE.
This title may be cited as the ``San Gabriel Mountains Foothills
and Rivers Protection Act''.
SEC. 20402. DEFINITION OF STATE.
In this title, the term ``State'' means the State of California.
Subtitle A--San Gabriel National Recreation Area
SEC. 20411. PURPOSES.
The purposes of this subtitle are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical, natural,
educational, and scientific resources of the Recreation Area;
(2) to provide environmentally responsible, well-managed
recreational opportunities within the Recreation Area;
(3) to improve access to and from the Recreation Area;
(4) to provide expanded educational and interpretive
services to increase public understanding of, and appreciation
for, the natural and cultural resources of the Recreation Area;
(5) to facilitate the cooperative management of the land
and resources within the Recreation Area, in collaboration with
the State and political subdivisions of the State, historical,
business, cultural, civic, recreational, tourism and other
nongovernmental organizations, and the public; and
(6) to allow the continued use of the Recreation Area by
all individuals, entities, and local government agencies in
activities relating to integrated water management, flood
protection, water conservation, water quality, water rights,
water supply, groundwater recharge and monitoring, wastewater
treatment, public roads and bridges, and utilities within or
adjacent to the Recreation Area.
SEC. 20412. DEFINITIONS.
In this subtitle:
(1) Adjudication.--The term ``adjudication'' means any
final judgment, order, ruling, or decree entered in any
judicial proceeding adjudicating or affecting water rights,
surface water management, or groundwater management.
(2) Advisory council.--The term ``Advisory Council'' means
the San Gabriel National Recreation Area Public Advisory
Council established under section 20417(a).
(3) Federal lands.--The term ``Federal lands'' means--
(A) public lands under the jurisdiction of the
Secretary of the Interior; and
(B) lands under the jurisdiction of the Secretary
of Defense, acting through the Chief of Engineers.
(4) Management plan.--The term ``management plan'' means
the management plan for the Recreation Area required under
section 20414(d).
(5) Partnership.--The term ``Partnership'' means the San
Gabriel National Recreation Area Partnership established by
section 20418(a).
(6) Public water system.--The term ``public water system''
has the meaning given the term in 42 U.S.C. 300(f)(4) or in
section 116275 of the California Health and Safety Code.
(7) Recreation area.--The term ``Recreation Area'' means
the San Gabriel National Recreation Area established by section
20413(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Utility facility.--The term ``utility facility''
means--
(A) any electric substations, communication
facilities, towers, poles, and lines, ground wires,
communication circuits, and other structures, and
related infrastructure; and
(B) any such facilities associated with a public
water system.
(10) Water resource facility.--The term ``water resource
facility'' means irrigation and pumping facilities, dams and
reservoirs, flood control facilities, water conservation works,
including debris protection facilities, sediment placement
sites, rain gauges and stream gauges, water quality facilities,
recycled water facilities, water pumping, conveyance and
distribution systems, water storage tanks and reservoirs, and
water treatment facilities, aqueducts, canals, ditches,
pipelines, wells, hydropower projects, and transmission and
other ancillary facilities, groundwater recharge facilities,
water conservation, water filtration plants, and other water
diversion, conservation, groundwater recharge, storage, and
carriage structures.
SEC. 20413. SAN GABRIEL NATIONAL RECREATION AREA.
(a) Establishment; Boundaries.--Subject to valid existing rights,
there is established as a unit of the National Park System in the State
the San Gabriel National Recreation Area depicted as the ``Proposed San
Gabriel National Recreation Area'' on the map entitled ``San Gabriel
National Recreation Area Proposed Boundary,'' numbered 503/152,737, and
dated July 2019.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and a
legal description of the Recreation Area with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
any clerical or typographical error in the map or legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.
(c) Administration and Jurisdiction.--
(1) Public lands.--The public lands included in the
Recreation Area shall be administered by the Secretary, acting
through the Director of the National Park Service.
(2) Department of defense land.--Although certain Federal
lands under the jurisdiction of the Secretary of Defense are
included in the recreation area, nothing in this subtitle
transfers administration jurisdiction of such Federal lands
from the Secretary of Defense or otherwise affects Federal
lands under the jurisdiction of the Secretary of Defense.
(3) State and local jurisdiction.--Nothing in this subtitle
alters, modifies, or diminishes any right, responsibility,
power, authority, jurisdiction, or entitlement of the State, a
political subdivision of the State, including, but not limited
to courts of competent jurisdiction, regulatory commissions,
boards, and departments, or any State or local agency under any
applicable Federal, State, or local law (including
regulations).
SEC. 20414. MANAGEMENT.
(a) National Park System.--Subject to valid existing rights, the
Secretary shall manage the public lands included in the Recreation Area
in a manner that protects and enhances the natural resources and values
of the public lands, in accordance with--
(1) this subtitle;
(2) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54, United States
Code (formerly known as the ``National Park Service Organic
Act'');
(3) the laws generally applicable to units of the National
Park System; and
(4) other applicable law, regulations, adjudications, and
orders.
(b) Cooperation With Secretary of Defense.--The Secretary shall
cooperate with the Secretary of Defense to develop opportunities for
the management of the Federal land under the jurisdiction of the
Secretary of Defense included in the Recreation Area in accordance with
the purposes described in section 20411, to the maximum extent
practicable.
(c) Treatment of Non-Federal Land.--
(1) In general.--Nothing in this subtitle--
(A) authorizes the Secretary to take any action
that would affect the use of any land not owned by the
United States within the Recreation Area;
(B) affects the use of, or access to, any non-
Federal land within the Recreation Area;
(C) modifies any provision of Federal, State, or
local law with respect to public access to, or use of,
non-Federal land;
(D) requires any owner of non-Federal land to allow
public access (including Federal, State, or local
government access) to private property or any other
non-Federal land;
(E) alters any duly adopted land use regulation,
approved land use plan, or any other regulatory
authority of any State or local agency or unit of
Tribal government;
(F) creates any liability, or affects any liability
under any other law, of any private property owner or
other owner of non-Federal land with respect to any
person injured on the private property or other non-
Federal land;
(G) conveys to the Partnership any land use or
other regulatory authority;
(H) shall be construed to cause any Federal, State,
or local regulation or permit requirement intended to
apply to units of the National Park System to affect
the Federal lands under the jurisdiction of the
Secretary of Defense or non-Federal lands within the
boundaries of the recreation area; or
(I) requires any local government to participate in
any program administered by the Secretary.
(2) Cooperation.--The Secretary is encouraged to work with
owners of non-Federal land who have agreed to cooperate with
the Secretary to advance the purposes of this subtitle.
(3) Buffer zones.--
(A) In general.--Nothing in this subtitle
establishes any protective perimeter or buffer zone
around the Recreation Area.
(B) Activities or uses up to boundaries.--The fact
that an activity or use of land can be seen or heard
from within the Recreation Area shall not preclude the
activity or land use up to the boundary of the
Recreation Area.
(4) Facilities.--Nothing in this subtitle affects the
operation, maintenance, modification, construction,
destruction, removal, relocation, improvement or expansion of
any water resource facility or public water system, or any
solid waste, sanitary sewer, water or waste-water treatment,
groundwater recharge or conservation, hydroelectric, conveyance
distribution system, recycled water facility, or utility
facility located within or adjacent to the Recreation Area.
(5) Exemption.--Section 100903 of title 54, United States
Code, shall not apply to the Puente Hills landfill, materials
recovery facility, or intermodal facility.
(d) Management Plan.--
(1) Deadline.--Not later than 3 years after the date of the
enactment of this Act, the Secretary and the Advisory Council
shall establish a comprehensive management plan for the
Recreation Area that supports the purposes described in section
20411.
(2) Use of existing plans.--In developing the management
plan, to the extent consistent with this section, the Secretary
may incorporate any provision of a land use or other plan
applicable to the public lands included in the Recreation Area.
(3) Incorporation of visitor services plan.--To the maximum
extent practicable, the Secretary shall incorporate into the
management plan the visitor services plan under section
20419(a)(2).
(4) Partnership.--In developing the management plan, the
Secretary shall consider recommendations of the Partnership. To
the maximum extent practicable, the Secretary shall incorporate
recommendations of the Partnership into the management plan if
the Secretary determines that the recommendations are feasible
and consistent with the purposes in section 20411, this
subtitle, and applicable laws (including regulations).
(e) Fish and Wildlife.--Nothing in this subtitle affects the
jurisdiction of the State with respect to fish or wildlife located on
public lands in the State.
SEC. 20415. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION AREA.
(a) Limited Acquisition Authority.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire non-Federal land within the boundaries of the
Recreation Area only through exchange, donation, or purchase
from a willing seller.
(2) Additional requirement.--As a further condition on the
acquisition of land, the Secretary shall make a determination
that the land contains important biological, cultural,
historic, or recreational values.
(b) Prohibition on Use of Eminent Domain.--Nothing in this subtitle
authorizes the use of eminent domain to acquire land or an interest in
land.
(c) Treatment of Acquired Land.--Any land or interest in land
acquired by the United States within the boundaries of the Recreation
Area shall be--
(1) included in the Recreation Area; and
(2) administered by the Secretary in accordance with--
(A) this subtitle; and
(B) other applicable laws (including regulations).
SEC. 20416. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC ROADS;
UTILITY FACILITIES.
(a) No Effect on Water Rights.--Nothing in this subtitle or section
20422--
(1) shall affect the use or allocation, as in existence on
the date of the enactment of this Act, of any water, water
right, or interest in water (including potable, recycled,
reclaimed, waste, imported, exported, banked, or stored water,
surface water, groundwater, and public trust interest);
(2) shall affect any public or private contract in
existence on the date of the enactment of this Act for the
sale, lease, loan, or transfer of any water (including potable,
recycled, reclaimed, waste, imported, exported, banked, or
stored water, surface water, and groundwater);
(3) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of the enactment of
this Act;
(4) authorizes or imposes any new reserved Federal water
right or expands water usage pursuant to any existing Federal
reserved, riparian or appropriative right;
(5) shall be considered a relinquishment or reduction of
any water rights (including potable, recycled, reclaimed,
waste, imported, exported, banked, or stored water, surface
water, and groundwater) held, reserved, or appropriated by any
public entity or other persons or entities, on or before the
date of the enactment of this Act;
(6) shall be construed to, or shall interfere or conflict
with the exercise of the powers or duties of any watermaster,
public agency, public water system, court of competent
jurisdiction, or other body or entity responsible for
groundwater or surface water management or groundwater
replenishment as designated or established pursuant to any
adjudication or Federal or State law, including the management
of the San Gabriel River watershed and basin, to provide water
supply or other environmental benefits;
(7) shall be construed to impede or adversely impact any
previously adopted Los Angeles County Drainage Area project, as
described in the report of the Chief of Engineers dated June
30, 1992, including any supplement or addendum to that report,
or any maintenance agreement to operate that project;
(8) shall interfere or conflict with any action by a
watermaster, water agency, public water system, court of
competent jurisdiction, or public agency pursuant to any
Federal or State law, water right, or adjudication, including
any action relating to water conservation, water quality,
surface water diversion or impoundment, groundwater recharge,
water treatment, conservation or storage of water, pollution,
waste discharge, the pumping of groundwater; the spreading,
injection, pumping, storage, or the use of water from local
sources, storm water flows, and runoff, or from imported or
recycled water, that is undertaken in connection with the
management or regulation of the San Gabriel River;
(9) shall interfere with, obstruct, hinder, or delay the
exercise of, or access to, any water right by the owner of a
public water system or any other individual or entity,
including the construction, operation, maintenance,
replacement, removal, repair, location, or relocation of any
well; pipeline; or water pumping, treatment, diversion,
impoundment, or storage facility; or other facility or property
necessary or useful to access any water right or operate an
public water system;
(10) shall require the initiation or reinitiation of
consultation with the United States Fish and Wildlife Service
under, or the application of any provision of, the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any
action affecting any water, water right, or water management or
water resource facility in the San Gabriel River watershed and
basin; or
(11) authorizes any agency or employee of the United
States, or any other person, to take any action inconsistent
with any of paragraphs (1) through (10).
(b) Water Resource Facilities.--
(1) No effect on existing water resource facilities.--
Nothing in this subtitle or section 20422 shall affect--
(A) the use, operation, maintenance, repair,
construction, destruction, removal, reconfiguration,
expansion, improvement or replacement of a water
resource facility or public water system within or
adjacent to the Recreation Area or San Gabriel
Mountains National Monument; or
(B) access to a water resource facility within or
adjacent to the Recreation Area or San Gabriel
Mountains National Monument.
(2) No effect on new water resource facilities.--Nothing in
this subtitle or section 20422 shall preclude the establishment
of a new water resource facility (including instream sites,
routes, and areas) within the Recreation Area or San Gabriel
Mountains National Monument if the water resource facility or
public water system is necessary to preserve or enhance the
health, safety, reliability, quality or accessibility of water
supply, or utility services to residents of Los Angeles County.
(3) Flood control.--Nothing in this subtitle or section
20422 shall be construed to--
(A) impose any new restriction or requirement on
flood protection, water conservation, water supply,
groundwater recharge, water transfers, or water quality
operations and maintenance; or
(B) increase the liability of an agency or public
water system carrying out flood protection, water
conservation, water supply, groundwater recharge, water
transfers, or water quality operations.
(4) Diversion or use of water.--Nothing in this subtitle or
section 20422 shall authorize or require the use of water or
water rights in, or the diversion of water to, the Recreation
Area or San Gabriel Mountains National Monument.
(c) Utility Facilities and Rights of Way.--Nothing in this subtitle
or section 20422 shall--
(1) affect the use, operation, maintenance, repair,
construction, destruction, reconfiguration, expansion,
inspection, renewal, reconstruction, alteration, addition,
relocation, improvement, removal, or replacement of a utility
facility or appurtenant right-of-way within or adjacent to the
Recreation Area or San Gabriel Mountains National Monument;
(2) affect access to a utility facility or right-of-way
within or adjacent to the Recreation Area or San Gabriel
Mountains National Monument; or
(3) preclude the establishment of a new utility facility or
right-of-way (including instream sites, routes, and areas)
within the Recreation Area or San Gabriel Mountains National
Monument if such a facility or right-of-way is necessary for
public health and safety, electricity supply, or other utility
services.
(d) Roads; Public Transit.--
(1) Definitions.--In this subsection:
(A) Public road.--The term ``public road'' means
any paved road or bridge (including any appurtenant
structure and right-of-way) that is--
(i) operated or maintained by a non-Federal
entity; and
(ii)(I) open to vehicular use by the
public; or
(II) used by a public agency or utility for
the operation, maintenance, improvement,
repair, removal, relocation, construction,
destruction or rehabilitation of
infrastructure, a utility facility, or a right-
of-way.
(B) Public transit.--The term ``public transit''
means any transit service (including operations and
rights-of-way) that is--
(i) operated or maintained by a non-Federal
entity; and
(ii)(I) open to the public; or
(II) used by a public agency or contractor
for the operation, maintenance, repair,
construction, or rehabilitation of
infrastructure, a utility facility, or a right-
of-way.
(2) No effect on public roads or public transit.--Nothing
in this subtitle or section 20422--
(A) authorizes the Secretary to take any action
that would affect the operation, maintenance, repair,
or rehabilitation of public roads or public transit
(including activities necessary to comply with Federal
or State safety or public transit standards); or
(B) creates any new liability, or increases any
existing liability, of an owner or operator of a public
road.
SEC. 20417. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC ADVISORY
COUNCIL.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ``San Gabriel National Recreation Area
Public Advisory Council''.
(b) Duties.--The Advisory Council shall advise the Secretary
regarding the development and implementation of the management plan and
the visitor services plan.
(c) Applicable Law.--The Advisory Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) all other applicable laws (including regulations).
(d) Membership.--The Advisory Council shall consist of 22 members,
to be appointed by the Secretary after taking into consideration
recommendations of the Partnership, of whom--
(1) 2 shall represent local, regional, or national
environmental organizations;
(2) 2 shall represent the interests of outdoor recreation,
including off-highway vehicle recreation, within the Recreation
Area;
(3) 2 shall represent the interests of community-based
organizations, the missions of which include expanding access
to the outdoors;
(4) 2 shall represent business interests;
(5) 1 shall represent Indian Tribes within or adjacent to
the Recreation Area;
(6) 1 shall represent the interests of homeowners'
associations within the Recreation Area;
(7) 3 shall represent the interests of holders of
adjudicated water rights, public water systems, water agencies,
wastewater and sewer agencies, recycled water facilities, and
water management and replenishment entities;
(8) 1 shall represent energy and mineral development
interests;
(9) 1 shall represent owners of Federal grazing permits or
other land use permits within the Recreation Area;
(10) 1 shall represent archaeological and historical
interests;
(11) 1 shall represent the interests of environmental
educators;
(12) 1 shall represent cultural history interests;
(13) 1 shall represent environmental justice interests;
(14) 1 shall represent electrical utility interests; and
(15) 2 shall represent the affected public at large.
(e) Terms.--
(1) Staggered terms.--A member of the Advisory Council
shall be appointed for a term of 3 years, except that, of the
members first appointed, 7 of the members shall be appointed
for a term of 1 year and 7 of the members shall be appointed
for a term of 2 years.
(2) Reappointment.--A member may be reappointed to serve on
the Advisory Council on the expiration of the term of service
of the member.
(3) Vacancy.--A vacancy on the Advisory Council shall be
filled in the same manner in which the original appointment was
made.
(f) Quorum.--A quorum shall be ten members of the advisory council.
The operations of the advisory council shall not be impaired by the
fact that a member has not yet been appointed as long as a quorum has
been attained.
(g) Chairperson; Procedures.--The Advisory Council shall elect a
chairperson and establish such rules and procedures as the advisory
council considers necessary or desirable.
(h) Service Without Compensation.--Members of the Advisory Council
shall serve without pay.
(i) Termination.--The Advisory Council shall cease to exist--
(1) on the date that is 5 years after the date on which the
management plan is adopted by the Secretary; or
(2) on such later date as the Secretary considers to be
appropriate.
SEC. 20418. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP.
(a) Establishment.--There is established a Partnership, to be known
as the ``San Gabriel National Recreation Area Partnership''.
(b) Purposes.--The purposes of the Partnership are to--
(1) coordinate the activities of Federal, State, Tribal,
and local authorities and the private sector in advancing the
purposes of this subtitle; and
(2) use the resources and expertise of each agency in
improving management and recreational opportunities within the
Recreation Area.
(c) Membership.--The Partnership shall include the following:
(1) The Secretary (or a designee) to represent the National
Park Service.
(2) The Secretary of Defense (or a designee) to represent
the Corps of Engineers.
(3) The Secretary of Agriculture (or a designee) to
represent the Forest Service.
(4) The Secretary of the Natural Resources Agency of the
State (or a designee) to represent--
(A) the California Department of Parks and
Recreation; and
(B) the Rivers and Mountains Conservancy.
(5) One designee of the Los Angeles County Board of
Supervisors.
(6) One designee of the Puente Hills Habitat Preservation
Authority.
(7) Four designees of the San Gabriel Council of
Governments, of whom one shall be selected from a local land
conservancy.
(8) One designee of the San Gabriel Valley Economic
Partnership.
(9) One designee of the Los Angeles County Flood Control
District.
(10) One designee of the San Gabriel Valley Water
Association.
(11) One designee of the Central Basin Water Association.
(12) One designee of the Main San Gabriel Basin
Watermaster.
(13) One designee of a public utility company, to be
appointed by the Secretary.
(14) One designee of the Watershed Conservation Authority.
(15) One designee of the Advisory Council for the period
during which the Advisory Council remains in effect.
(16) One designee of San Gabriel Mountains National
Monument Community Collaborative.
(d) Duties.--To advance the purposes described in section 20411,
the Partnership shall--
(1) make recommendations to the Secretary regarding the
development and implementation of the management plan;
(2) review and comment on the visitor services plan under
section 20419(a)(2), and facilitate the implementation of that
plan;
(3) assist units of local government, regional planning
organizations, and nonprofit organizations in advancing the
purposes of the Recreation Area by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values within the Recreation Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Recreation Area;
(C) developing recreational and educational
opportunities in the Recreation Area in accordance with
the purposes of this subtitle;
(D) increasing public awareness of, and
appreciation for, natural, historic, scenic, and
cultural resources of the Recreation Area;
(E) ensuring that signs identifying points of
public access and sites of interest are posted
throughout the Recreation Area;
(F) promoting a wide range of partnerships among
governments, organizations, and individuals to advance
the purposes of the Recreation Area; and
(G) ensuring that management of the Recreation Area
takes into consideration--
(i) local ordinances and land-use plans;
and
(ii) adjacent residents and property
owners;
(4) make recommendations to the Secretary regarding the
appointment of members to the Advisory Council; and
(5) carry out any other actions necessary to achieve the
purposes of this subtitle.
(e) Authorities.--Subject to approval by the Secretary, for the
purposes of preparing and implementing the management plan, the
Partnership may use Federal funds made available under this section--
(1) to make grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with, or provide
grants or technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) to hire and compensate staff;
(4) to obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(5) to contract for goods or services; and
(6) to support activities of partners and any other
activities that--
(A) advance the purposes of the Recreation Area;
and
(B) are in accordance with the management plan.
(f) Terms of Office; Reappointment; Vacancies.--
(1) Terms.--A member of the Partnership shall be appointed
for a term of 3 years.
(2) Reappointment.--A member may be reappointed to serve on
the Partnership on the expiration of the term of service of the
member.
(3) Vacancy.--A vacancy on the Partnership shall be filled
in the same manner in which the original appointment was made.
(g) Quorum.--A quorum shall be 11 members of the Partnership. The
operations of the Partnership shall not be impaired by the fact that a
member has not yet been appointed as long as a quorum has been
attained.
(h) Chairperson; Procedures.--The Partnership shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(i) Service Without Compensation.--A member of the Partnership
shall serve without compensation.
(j) Duties and Authorities of Secretary.--
(1) In general.--The Secretary shall convene the
Partnership on a regular basis to carry out this subtitle.
(2) Technical and financial assistance.--The Secretary may
provide to the Partnership or any member of the Partnership, on
a reimbursable or nonreimbursable basis, such technical and
financial assistance as the Secretary determines to be
appropriate to carry out this subtitle.
(3) Cooperative agreements.--The Secretary may enter into a
cooperative agreement with the Partnership, a member of the
Partnership, or any other public or private entity to provide
technical, financial, or other assistance to carry out this
subtitle.
(4) Construction of facilities on non-federal land.--
(A) In general.--In order to facilitate the
administration of the Recreation Area, the Secretary is
authorized, subject to valid existing rights, to
construct administrative or visitor use facilities on
land owned by a non-profit organization, local agency,
or other public entity in accordance with this title
and applicable law (including regulations).
(B) Additional requirements.--A facility under this
paragraph may only be developed--
(i) with the consent of the owner of the
non-Federal land; and
(ii) in accordance with applicable Federal,
State, and local laws (including regulations)
and plans.
(5) Priority.--The Secretary shall give priority to actions
that--
(A) conserve the significant natural, historic,
cultural, and scenic resources of the Recreation Area;
and
(B) provide educational, interpretive, and
recreational opportunities consistent with the purposes
of the Recreation Area.
(k) Committees.--The Partnership shall establish--
(1) a Water Technical Advisory Committee to advise the
Secretary regarding water-related issues relating to the
Recreation Area; and
(2) a Public Safety Advisory Committee to advise the
Secretary regarding public safety issues relating to the
Recreation Area.
SEC. 20419. VISITOR SERVICES AND FACILITIES.
(a) Visitor Services.--
(1) Purpose.--The purpose of this subsection is to
facilitate the development of an integrated visitor services
plan to improve visitor experiences in the Recreation Area
through expanded recreational opportunities and increased
interpretation, education, resource protection, and
enforcement.
(2) Visitor services plan.--
(A) In general.--Not later than 3 years after the
date of the enactment of this Act, the Secretary shall
develop and carry out an integrated visitor services
plan for the Recreation Area in accordance with this
paragraph.
(B) Contents.--The visitor services plan shall--
(i) assess current and anticipated future
visitation to the Recreation Area, including
recreation destinations;
(ii) consider the demand for various types
of recreation (including hiking, picnicking,
horseback riding, and the use of motorized and
mechanized vehicles), as permissible and
appropriate;
(iii) evaluate the impacts of recreation on
natural and cultural resources, water rights
and water resource facilities, public roads,
adjacent residents and property owners, and
utilities within the Recreation Area, as well
as the effectiveness of current enforcement and
efforts;
(iv) assess the current level of
interpretive and educational services and
facilities;
(v) include recommendations to--
(I) expand opportunities for high-
demand recreational activities, in
accordance with the purposes described
in section 20411;
(II) better manage Recreation Area
resources and improve the experience of
Recreation Area visitors through
expanded interpretive and educational
services and facilities, and improved
enforcement; and
(III) better manage Recreation Area
resources to reduce negative impacts on
the environment, ecology, and
integrated water management activities
in the Recreation Area;
(vi) in coordination and consultation with
affected owners of non-Federal land, assess
options to incorporate recreational
opportunities on non-Federal land into the
Recreation Area--
(I) in manner consistent with the
purposes and uses of the non-Federal
land; and
(II) with the consent of the non-
Federal landowner;
(vii) assess opportunities to provide
recreational opportunities that connect with
adjacent National Forest System land; and
(viii) be developed and carried out in
accordance with applicable Federal, State, and
local laws and ordinances.
(C) Consultation.--In developing the visitor
services plan, the Secretary shall--
(i) consult with--
(I) the Partnership;
(II) the Advisory Council;
(III) appropriate State and local
agencies; and
(IV) interested nongovernmental
organizations; and
(ii) involve members of the public.
(b) Visitor Use Facilities.--
(1) In general.--The Secretary may construct visitor use
facilities in the Recreation Area.
(2) Requirements.--Each facility under paragraph (1) shall
be developed in accordance with applicable Federal, State, and
local--
(A) laws (including regulations); and
(B) plans.
(c) Donations.--
(1) In general.--The Secretary may accept and use donated
funds (subject to appropriations), property, in-kind
contributions, and services to carry out this subtitle.
(2) Prohibition.--The Secretary may not use the authority
provided by paragraph (1) to accept non-Federal land that has
been acquired after the date of the enactment of this Act
through the use of eminent domain.
(d) Cooperative Agreements.--In carrying out this subtitle, the
Secretary may make grants to, or enter into cooperative agreements
with, units of State, Tribal, and local governments and private
entities to conduct research, develop scientific analyses, and carry
out any other initiative relating to the management of, and visitation
to, the Recreation Area.
Subtitle B--San Gabriel Mountains
SEC. 20421. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Wilderness area or addition.--The term ``wilderness
area or addition'' means any wilderness area or wilderness
addition designated by section 20423(a).
SEC. 20422. NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) In General.--The San Gabriel Mountains National Monument
established by Presidential Proclamation 9194 (54 U.S.C. 320301 note)
(referred to in this section as the ``Monument'') is modified to
include the approximately 109,167 acres of additional National Forest
System land depicted as the ``Proposed San Gabriel Mountains National
Monument Expansion'' on the map entitled ``Proposed San Gabriel
Mountains National Monument Expansion'' and dated June 26, 2019.
(b) Administration.--The Secretary shall administer the San Gabriel
Mountains National Monument, including the lands added by subsection
(a), in accordance with--
(1) Presidential Proclamation 9194, as issued on October
10, 2014 (54 U.S.C. 320301 note);
(2) the laws generally applicable to the Monument; and
(3) this title.
(c) Management Plan.--Within 3 years after the date of enactment of
this Act, the Secretary shall consult with State and local governments
and the interested public to update the existing San Gabriel Mountains
National Monument Plan to provide management direction and protection
for the lands added to the Monument by subsection (a).
SEC. 20423. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following parcels of National Forest System land in
the State are designated as wilderness and as components of the
National Wilderness Preservation System:
(1) Condor peak wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 8,207 acres,
as generally depicted on the map entitled ``Condor Peak
Wilderness--Proposed'' and dated June 6, 2019, which shall be
known as the ``Condor Peak Wilderness''.
(2) San gabriel wilderness additions.--Certain Federal land
in the Angeles National Forest, comprising approximately 2,032
acres, as generally depicted on the map entitled ``San Gabriel
Wilderness Additions'' and dated June 6, 2019, which is
incorporated in, and considered to be a part of, the San
Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C.
1132 note; 82 Stat. 131).
(3) Sheep mountain wilderness additions.--Certain Federal
land in the Angeles National Forest, comprising approximately
13,726 acres, as generally depicted on the map entitled ``Sheep
Mountain Wilderness Additions'' and dated June 6, 2019, which
is incorporated in, and considered to be a part of, the Sheep
Mountain Wilderness designated by section 101(a)(29) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1623; Public Law 98-425).
(4) Yerba buena wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 6,694 acres,
as generally depicted on the map entitled ``Yerba Buena
Wilderness--Proposed'' and dated June 6, 2019, which shall be
known as the ``Yerba Buena Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and a
legal description of the wilderness areas and additions with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any clerical or typographical error in the map or legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
SEC. 20424. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.
(a) In General.--Subject to valid existing rights, the wilderness
areas and additions shall be administered by the Secretary in
accordance with this section and the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in that Act to the effective date of
that Act shall be considered to be a reference to the date of the
enactment of this Act.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or addition designated in section 20423 as are
necessary for the control of fire, insects, or diseases in
accordance with--
(A) section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)); and
(B) House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire or fuels management in a wilderness area or
addition.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of the enactment
of this Act, the Secretary shall amend, as applicable, any
local fire management plan that applies to a wilderness area or
addition designated in section 20423.
(4) Administration.--In accordance with paragraph (1) and
any other applicable Federal law, to ensure a timely and
efficient response to a fire emergency in a wilderness area or
addition, the Secretary shall--
(A) not later than 1 year after the date of the
enactment of this Act, establish agency approval
procedures (including appropriate delegations of
authority to the Forest Supervisor, District Manager,
or other agency officials) for responding to fire
emergencies; and
(B) enter into agreements with appropriate State or
local firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness area or
addition, if established before the date of the enactment of this Act,
shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines contained in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle
affects the jurisdiction or responsibility of the State with
respect to fish or wildlife on public land in the State.
(2) Management activities.--
(A) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management
activity that are necessary to maintain or restore fish
or wildlife populations or habitats in the wilderness
areas and wilderness additions designated in section
20423, if the management activities are--
(i) consistent with relevant wilderness
management plans; and
(ii) conducted in accordance with
appropriate policies, such as the policies
established in Appendix B of the report of the
Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(B) Inclusions.--A management activity under
subparagraph (A) may include the occasional and
temporary use of motorized vehicles, if the use, as
determined by the Secretary, would promote healthy,
viable, and more naturally distributed wildlife
populations that would enhance wilderness values while
causing the minimum impact necessary to accomplish
those tasks.
(C) Existing activities.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and appropriate policies (such as the
policies established in Appendix B of House Report 101-
405), the State may use aircraft (including
helicopters) in a wilderness area or addition to
survey, capture, transplant, monitor, or provide water
for a wildlife population, including bighorn sheep.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas or wilderness additions by
section 20423 to lead to the creation of protective perimeters
or buffer zones around each wilderness area or wilderness
addition.
(2) Activities or uses up to boundaries.--The fact that a
nonwilderness activities or uses can be seen or heard from
within a wilderness area or wilderness addition designated by
section 20423 shall not, of itself, preclude the activities or
uses up to the boundary of the wilderness area or addition.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by section
20423;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 20423; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated
by section 20423.
(g) Horses.--Nothing in this subtitle precludes horseback riding
in, or the entry of recreational or commercial saddle or pack stock
into, an area designated as a wilderness area or wilderness addition by
section 20423--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to such terms and conditions as the Secretary
determines to be necessary.
(h) Law Enforcement.--Nothing in this subtitle precludes any law
enforcement or drug interdiction effort within the wilderness areas or
wilderness additions designated by section 20423 in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(i) Withdrawal.--Subject to valid existing rights, the wilderness
areas and additions designated by section 20423 are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(j) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area or addition that is acquired by the
United States shall--
(1) become part of the wilderness area or addition in which
the land is located; and
(2) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable laws (including regulations).
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in a wilderness area or addition if
the Secretary determines that the facilities and access to the
facilities is essential to a flood warning, flood control, or water
reservoir operation activity.
(l) Authorized Events.--The Secretary of Agriculture may authorize
the Angeles Crest 100 competitive running event to continue in
substantially the same manner and degree in which this event was
operated and permitted in 2015 within additions to the Sheep Mountain
Wilderness in section 20423 of this title and the Pleasant View Ridge
Wilderness Area designated by section 1802 of the Omnibus Public Land
Management Act of 2009, provided that the event is authorized and
conducted in a manner compatible with the preservation of the areas as
wilderness.
SEC. 20425. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--Section 3(a) of the National Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(__) East fork san gabriel river, california.--The
following segments of the East Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10-mile segment from the confluence of
the Prairie Fork and Vincent Gulch to 100 yards
upstream of the Heaton Flats trailhead and day use
area, as a wild river.
``(B) The 2.7-mile segment from 100 yards upstream
of the Heaton Flats trailhead and day use area to 100
yards upstream of the confluence with Williams Canyon,
as a recreational river.
``(__) North fork san gabriel river, california.--The 4.3-
mile segment of the North Fork San Gabriel River from the
confluence with Cloudburst Canyon to 0.25 miles upstream of the
confluence with the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture as a recreational
river.
``(__) West fork san gabriel river, california.--The
following segments of the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 6.7-mile segment from 0.25 miles
downstream of its source near Red Box Gap in sec. 14,
T. 2 N., R. 12 W., to the confluence with the unnamed
tributary 0.25 miles downstream of the power lines in
sec. 22, T. 2 N., R. 11 W., as a recreational river.
``(B) The 1.6-mile segment of the West Fork from
0.25 miles downstream of the powerlines in sec. 22, T.
2 N., R. 11 W., to the confluence with Bobcat Canyon,
as a wild river.
``(__) Little rock creek, california.--The following
segments of Little Rock Creek and tributaries, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10.3-mile segment from its source on Mt.
Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards
upstream of the confluence with the South Fork Little
Rock Creek, as a wild river.
``(B) The 6.6-mile segment from 100 yards upstream
of the confluence with the South Fork Little Rock Creek
to the confluence with Santiago Canyon, as a
recreational river.
``(C) The 1-mile segment of Cooper Canyon Creek
from 0.25 miles downstream of Highway 2 to 100 yards
downstream of Cooper Canyon Campground, as a scenic
river.
``(D) The 1.3-mile segment of Cooper Canyon Creek
from 100 yards downstream of Cooper Canyon Campground
to the confluence with Little Rock Creek, as a wild
river.
``(E) The 1-mile segment of Buckhorn Creek from 100
yards downstream of the Buckhorn Campground to its
confluence with Cooper Canyon Creek, as a wild
river.''.
(b) Water Resource Facilities; and Water Use.--
(1) Water resource facilities.--
(A) Definition.--In this section, the term ``water
resource facility'' means irrigation and pumping
facilities, dams and reservoirs, flood control
facilities, water conservation works and facilities,
including debris protection facilities, sediment
placement sites, rain gauges and stream gauges, water
quality facilities, recycled water facilities and water
pumping, conveyance distribution systems, water storage
tanks and reservoirs, and water treatment facilities,
aqueducts, canals, ditches, pipelines, wells,
hydropower projects, and transmission and other
ancillary facilities, groundwater recharge facilities,
water conservation, water filtration plants, and other
water diversion, conservation, groundwater recharge,
storage, and carriage structures.
(B) No effect on existing water resource
facilities.--Nothing in this section shall alter,
modify, or affect--
(i) the use, operation, maintenance,
repair, construction, destruction,
reconfiguration, expansion, relocation or
replacement of a water resource facility
downstream of a wild and scenic river segment
designated by this section, provided that the
physical structures of such facilities or
reservoirs shall not be located within the
river areas designated in this section; or
(ii) access to a water resource facility
downstream of a wild and scenic river segment
designated by this section.
(C) No effect on new water resource facilities.--
Nothing in this section shall preclude the
establishment of a new water resource facilities
(including instream sites, routes, and areas)
downstream of a wild and scenic river segment.
(2) Limitation.--Any new reservation of water or new use of
water pursuant to existing water rights held by the United
States to advance the purposes of the National Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) shall be for nonconsumptive
instream use only within the segments designated by this
section.
(3) Existing law.--Nothing in this section affects the
implementation of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 20426. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this title, and no action
to implement this title--
(1) shall constitute an express or implied reservation of
any water or water right, or authorizing an expansion of water
use pursuant to existing water rights held by the United
States, with respect to the San Gabriel Mountains National
Monument, the land designated as a wilderness area or
wilderness addition by section 20423 or land adjacent to the
wild and scenic river segments designated by the amendment made
by section 20425;
(2) shall affect, alter, modify, or condition any water
rights in the State in existence on the date of the enactment
of this Act, including any water rights held by the United
States;
(3) shall be construed as establishing a precedent with
regard to any future wilderness or wild and scenic river
designations;
(4) shall affect, alter, or modify the interpretation of,
or any designation, decision, adjudication or action made
pursuant to, any other Act; or
(5) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportions water among or between
the State and any other State.
(b) State Water Law.--The Secretary shall comply with applicable
procedural and substantive requirements of the law of the State in
order to obtain and hold any water rights not in existence on the date
of the enactment of this Act with respect to the San Gabriel Mountains
National Monument, wilderness areas and wilderness additions designated
by section 20423, and the wild and scenic rivers designated by
amendment made by section 20425.
TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION
SEC. 20501. SHORT TITLE.
This title may be cited as the ``Rim of the Valley Corridor
Preservation Act''.
SEC. 20502. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National Parks
and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended in the
first sentence by striking ``, which shall'' and inserting `` and
generally depicted as `Rim of the Valley Unit Proposed Addition' on the
map entitled `Rim of the Valley Unit--Santa Monica Mountains National
Recreation Area', numbered 638/147,723, and dated September 2018. Both
maps shall''.
(b) Rim of the Valley Unit.--Section 507 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the
end the following:
``(u) Rim of the Valley Unit.--(1) Not later than 3 years after the
date of the enactment of this subsection, the Secretary shall update
the general management plan for the recreation area to reflect the
boundaries designated on the map referred to in subsection (c)(1) as
the `Rim of the Valley Unit' (hereafter in the subsection referred to
as the `Rim of the Valley Unit'). Subject to valid existing rights, the
Secretary shall administer the Rim of the Valley Unit, and any land or
interest in land acquired by the United States and located within the
boundaries of the Rim of the Valley Unit, as part of the recreation
area in accordance with the provisions of this section and applicable
laws and regulations.
``(2) The Secretary may acquire non-Federal land within the
boundaries of the Rim of the Valley Unit only through exchange,
donation, or purchase from a willing seller. Nothing in this subsection
authorizes the use of eminent domain to acquire land or interests in
land.
``(3) Nothing in this subsection or the application of the
management plan for the Rim of the Valley Unit shall be construed to--
``(A) modify any provision of Federal, State, or local law
with respect to public access to or use of non-Federal land;
``(B) create any liability, or affect any liability under
any other law, of any private property owner or other owner of
non-Federal land with respect to any person injured on private
property or other non-Federal land;
``(C) affect the ownership, management, or other rights
relating to any non-Federal land (including any interest in any
non-Federal land);
``(D) require any local government to participate in any
program administered by the Secretary;
``(E) alter, modify, or diminish any right, responsibility,
power, authority, jurisdiction, or entitlement of the State,
any political subdivision of the State, or any State or local
agency under existing Federal, State, and local law (including
regulations);
``(F) require the creation of protective perimeters or
buffer zones, and the fact that certain activities or land can
be seen or heard from within the Rim of the Valley Unit shall
not, of itself, preclude the activities or land uses up to the
boundary of the Rim of the Valley Unit;
``(G) require or promote use of, or encourage trespass on,
lands, facilities, and rights-of-way owned by non-Federal
entities, including water resource facilities and public
utilities, without the written consent of the owner;
``(H) affect the operation, maintenance, modification,
construction, or expansion of any water resource facility or
utility facility located within or adjacent to the Rim of the
Valley Unit;
``(I) terminate the fee title to lands or customary
operation, maintenance, repair, and replacement activities on
or under such lands granted to public agencies that are
authorized pursuant to Federal or State statute;
``(J) interfere with, obstruct, hinder, or delay the
exercise of any right to, or access to any water resource
facility or other facility or property necessary or useful to
access any water right to operate any public water or utility
system;
``(K) require initiation or reinitiation of consultation
with the United States Fish and Wildlife Service under, or the
application of provisions of, the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of
subtitle III of title 54, United States Code, concerning any
action or activity affecting water, water rights or water
management or water resource facilities within the Rim of the
Valley Unit; or
``(L) limit the Secretary's ability to update applicable
fire management plans, which may consider fuels management
strategies including managed natural fire, prescribed fires,
non-fire mechanical hazardous fuel reduction activities, or
post-fire remediation of damage to natural and cultural
resources.
``(4) The activities of a utility facility or water resource
facility shall take into consideration ways to reasonably avoid or
reduce the impact on the resources of the Rim of the Valley Unit.
``(5) For the purpose of paragraph (4)--
``(A) the term `utility facility' means electric
substations, communication facilities, towers, poles, and
lines, ground wires, communications circuits, and other
structures, and related infrastructure; and
``(B) the term `water resource facility' means irrigation
and pumping facilities; dams and reservoirs; flood control
facilities; water conservation works, including debris
protection facilities, sediment placement sites, rain gauges,
and stream gauges; water quality, recycled water, and pumping
facilities; conveyance distribution systems; water treatment
facilities; aqueducts; canals; ditches; pipelines; wells;
hydropower projects; transmission facilities; and other
ancillary facilities, groundwater recharge facilities, water
conservation, water filtration plants, and other water
diversion, conservation, groundwater recharge, storage, and
carriage structures.''.
TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
SEC. 20601. SHORT TITLE.
This title may be cited as the ``Wild Olympics Wilderness and Wild
and Scenic Rivers Act''.
SEC. 20602. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS.
(a) In General.--In furtherance of the Wilderness Act (16 U.S.C.
1131 et seq.), the following Federal land in the Olympic National
Forest in the State of Washington comprising approximately 126,554
acres, as generally depicted on the map entitled ``Proposed Wild
Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8,
2019 (referred to in this section as the ``map''), is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Lost creek wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 7,159 acres, as
generally depicted on the map, which shall be known as the
``Lost Creek Wilderness''.
(2) Rugged ridge wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 5,956 acres, as
generally depicted on the map, which shall be known as the
``Rugged Ridge Wilderness''.
(3) Alckee creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,787 acres, as
generally depicted on the map, which shall be known as the
``Alckee Creek Wilderness''.
(4) Gates of the elwha wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 5,669
acres, as generally depicted on the map, which shall be known
as the ``Gates of the Elwha Wilderness''.
(5) Buckhorn wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 21,965
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Buckhorn Wilderness'',
as designated by section 3 of the Washington State Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).
(6) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 4,790
acres, as generally depicted on the map, which shall be known
as the ``Green Mountain Wilderness''.
(7) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,625
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``The Brothers
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(8) Mount skokomish wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,933
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Mount Skokomish
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(9) Wonder mountain wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 26,517
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Wonder Mountain
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(10) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 9,117
acres, as generally depicted on the map, which shall be known
as the ``Moonlight Dome Wilderness''.
(11) South quinault ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 10,887
acres, as generally depicted on the map, which shall be known
as the ``South Quinault Ridge Wilderness''.
(12) Colonel bob wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
353 acres, as generally depicted on the map, is incorporated
in, and shall be managed as part of, the ``Colonel Bob
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(13) Sam's river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 13,418 acres,
as generally depicted on the map, which shall be known as the
``Sam's River Wilderness''.
(14) Canoe creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,378 acres, as
generally depicted on the map, which shall be known as the
``Canoe Creek Wilderness''.
(b) Administration.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be
administered by the Secretary of Agriculture (referred to in
this section as the ``Secretary''), in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this Act.
(2) Map and description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
a map and a legal description of the land designated as
wilderness by subsection (a) with--
(i) the Committee on Natural Resources of
the House of Representatives; and
(ii) the Committee on Energy and Natural
Resources of the Senate.
(B) Effect.--Each map and legal description filed
under subparagraph (A) shall have the same force and
effect as if included in this title, except that the
Secretary may correct minor errors in the map and legal
description.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall be filed
and made available for public inspection in the
appropriate office of the Forest Service.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 5,346
acres as identified as ``Potential Wilderness'' on the map, is
designated as potential wilderness.
(2) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) have terminated, the potential wilderness shall
be--
(A) designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) incorporated into the adjacent wilderness area.
(d) Adjacent Management.--
(1) No protective perimeters or buffer zones.--The
designations in this section shall not create a protective
perimeter or buffer zone around any wilderness area.
(2) Nonconforming uses permitted outside of boundaries of
wilderness areas.--Any activity or use outside of the boundary
of any wilderness area designated under this section shall be
permitted even if the activity or use would be seen or heard
within the boundary of the wilderness area.
(e) Fire, Insects, and Diseases.--The Secretary may take such
measures as are necessary to control fire, insects, and diseases, in
the wilderness areas designated by this section, in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
subject to such terms and conditions as the Secretary determines to be
appropriate.
SEC. 20603. WILD AND SCENIC RIVER DESIGNATIONS.
(a) In General.--Section 3(a) of the National Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(231) Elwha river, washington.--The approximately 29.0-
mile segment of the Elwha River and tributaries from the source
to Cat Creek, to be administered by the Secretary of the
Interior as a wild river.
``(232) Dungeness river, washington.--The segment of the
Dungeness River from the headwaters to the State of Washington
Department of Natural Resources land in T. 29 N., R. 4 W., sec.
12, to be administered by the Secretary of Agriculture, except
that portions of the river within the boundaries of Olympic
National Park shall be administered by the Secretary of the
Interior, including the following segments of the mainstem and
major tributary the Gray Wolf River, in the following classes:
``(A) The approximately 5.8-mile segment of the
Dungeness River from the headwaters to the 2870 Bridge,
as a wild river.
``(B) The approximately 2.1-mile segment of the
Dungeness River from the 2870 Bridge to Silver Creek,
as a scenic river.
``(C) The approximately 2.7-mile segment of the
Dungeness River from Silver Creek to Sleepy Hollow
Creek, as a wild river.
``(D) The approximately 6.3-mile segment of the
Dungeness River from Sleepy Hollow Creek to the Olympic
National Forest boundary, as a scenic river.
``(E) The approximately 1.9-mile segment of the
Dungeness River from the National Forest boundary to
the State of Washington Department of Natural Resources
land in T. 29 N., R. 4 W., sec. 12, to be administered
as a recreational river through a cooperative
management agreement between the State of Washington
and the Secretary of Agriculture as provided in section
10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e)).
``(F) The approximately 16.1-mile segment of the
Gray Wolf River from the headwaters to the 2870 Bridge,
as a wild river.
``(G) The approximately 1.1-mile segment of the
Gray Wolf River from the 2870 Bridge to the confluence
with the Dungeness River, as a scenic river.
``(233) Big quilcene river, washington.--The segment of the
Big Quilcene River from the headwaters to the City of Port
Townsend water intake facility, to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 4.4-mile segment from the
headwaters to the Buckhorn Wilderness boundary, as a
wild river.
``(B) The approximately 5.3-mile segment from the
Buckhorn Wilderness boundary to the City of Port
Townsend water intake facility, as a scenic river.
``(C) Section 7(a), with respect to the licensing
of dams, water conduits, reservoirs, powerhouses,
transmission lines, or other project works, shall apply
to the approximately 5-mile segment from the City of
Port Townsend water intake facility to the Olympic
National Forest boundary.
``(234) Dosewallips river, washington.--The segment of the
Dosewallips River from the headwaters to the private land in T.
26 N., R. 3 W., sec. 15, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 12.9-mile segment from the
headwaters to Station Creek, as a wild river.
``(B) The approximately 6.8-mile segment from
Station Creek to the private land in T. 26 N., R. 3 W.,
sec. 15, as a scenic river.
``(235) Duckabush river, washington.--The segment of the
Duckabush River from the headwaters to the private land in T.
25 N., R. 3 W., sec. 1, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 19.0-mile segment from the
headwaters to the Brothers Wilderness boundary, as a
wild river.
``(B) The approximately 1.9-mile segment from the
Brothers Wilderness boundary to the private land in T.
25 N., R. 3 W., sec. 1, as a scenic river.
``(236) Hamma hamma river, washington.--The segment of the
Hamma Hamma River from the headwaters to the eastern edge of
the NW1/4 sec. 21, T. 24 N., R. 3 W., to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 3.1-mile segment from the
headwaters to the Mt. Skokomish Wilderness boundary, as
a wild river.
``(B) The approximately 5.8-mile segment from the
Mt. Skokomish Wilderness boundary to Lena Creek, as a
scenic river.
``(C) The approximately 6.8-mile segment from Lena
Creek to the eastern edge of the NW1/4 sec. 21, T. 24
N., R. 3 W., to be administered as a recreational river
through a cooperative management agreement between the
State of Washington and the Secretary of Agriculture as
provided in section 10(e) of the Wild and Scenic Rivers
Act (16 U.S.C. 1281(e)).
``(237) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 6.7-mile segment from the
headwaters to Church Creek, as a wild river.
``(B) The approximately 8.3-mile segment from
Church Creek to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from LeBar
Creek to upper end of gorge in the NW1/4 sec. 22, T. 22
N., R. 5 W., as a recreational river.
``(D) The approximately 6.0-mile segment from the
upper end of the gorge to the Olympic National Forest
boundary, as a scenic river.
``(238) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(239) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(240) Wynoochee river, washington.--The segment of the
Wynoochee River from the headwaters to the head of Wynoochee
Reservoir to be administered by the Secretary of Agriculture,
except that portions of the river within the boundaries of
Olympic National Park shall be administered by the Secretary of
the Interior, in the following classes:
``(A) The approximately 2.5-mile segment from the
headwaters to the boundary of the Wonder Mountain
Wilderness, as a wild river.
``(B) The approximately 7.4-mile segment from the
boundary of the Wonder Mountain Wilderness to the head
of Wynoochee Reservoir, as a recreational river.
``(241) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 7.4-mile segment from the
headwaters to the Moonlight Dome Wilderness boundary,
as a wild river.
``(B) The approximately 10.3-mile segment from the
Moonlight Dome Wilderness boundary to the Olympic
National Forest boundary, as a scenic river.
``(242) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork Humptulips
River from the headwaters to the Olympic National Forest
Boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(243) Quinault river, washington.--The segment of the
Quinault River from the headwaters to private land in T. 24 N.,
R. 8 W., sec. 33, to be administered by the Secretary of the
Interior, in the following classes:
``(A) The approximately 16.5-mile segment from the
headwaters to Graves Creek, as a wild river.
``(B) The approximately 6.7-mile segment from
Graves Creek to Cannings Creek, as a scenic river.
``(C) The approximately 1.0-mile segment from
Cannings Creek to private land in T. 24 N., R. 8 W.,
sec. 33, as a recreational river.
``(244) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
except that portions of the river outside the boundaries of
Olympic National Park shall be administered by the Secretary of
Agriculture, including the following segments of the mainstem
and certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of the
Queets River from the headwaters to the confluence with
Sams River, as a wild river.
``(B) The approximately 16.0-mile segment of the
Queets River from the confluence with Sams River to the
Olympic National Park boundary, as a scenic river.
``(C) The approximately 15.7-mile segment of the
Sams River from the headwaters to the confluence with
the Queets River, as a scenic river.
``(D) The approximately 17.7-mile segment of
Matheny Creek from the headwaters to the confluence
with the Queets River, to be administered as a scenic
river through a cooperative management agreement
between the State of Washington and the Secretary of
Agriculture as provided in section 10(e) of the Wild
and Scenic Rivers Act (16 U.S.C. 1281(e)).
``(245) Hoh river, washington.--The segment of the Hoh
River and the major tributary South Fork Hoh from the
headwaters to Olympic National Park boundary, to be
administered by the Secretary of the Interior, in the following
classes:
``(A) The approximately 20.7-mile segment of the
Hoh River from the headwaters to Jackson Creek, as a
wild river.
``(B) The approximately 6.0-mile segment of the Hoh
River from Jackson Creek to the Olympic National Park
boundary, as a scenic river.
``(C) The approximately 13.8-mile segment of the
South Fork Hoh River from the headwaters to the Olympic
National Park boundary, as a wild river.
``(D) The approximately 4.6-mile segment of the
South Fork Hoh River from the Olympic National Park
boundary to the Washington State Department of Natural
Resources boundary in T. 27 N., R. 10 W., sec. 29, to
be administered as a recreational river through a
cooperative management agreement between the State of
Washington and the Secretary of Agriculture as provided
in section 10(e) of the Wild and Scenic Rivers Act (16
U.S.C. 1281(e)).
``(246) Bogachiel river, washington.--The approximately
25.6-mile segment of the Bogachiel River from the source to the
Olympic National Park boundary, to be administered by the
Secretary of the Interior, as a wild river.
``(247) South fork calawah river, washington.--The segment
of the South Fork Calawah River and the major tributary Sitkum
River from the headwaters to Hyas Creek to be administered by
the Secretary of Agriculture, except those portions of the
river within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, including the
following segments in the following classes:
``(A) The approximately 15.7-mile segment of the
South Fork Calawah River from the headwaters to the
Sitkum River, as a wild river.
``(B) The approximately 0.9-mile segment of the
South Fork Calawah River from the Sitkum River to Hyas
Creek, as a scenic river.
``(C) The approximately 1.6-mile segment of the
Sitkum River from the headwaters to the Rugged Ridge
Wilderness boundary, as a wild river.
``(D) The approximately 11.9-mile segment of the
Sitkum River from the Rugged Ridge Wilderness boundary
to the confluence with the South Fork Calawah, as a
scenic river.
``(248) Sol duc river, washington.--The segment of the Sol
Duc River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
including the following segments of the mainstem and certain
tributaries in the following classes:
``(A) The approximately 7.0-mile segment of the Sol
Duc River from the headwaters to the end of Sol Duc Hot
Springs Road, as a wild river.
``(B) The approximately 10.8-mile segment of the
Sol Duc River from the end of Sol Duc Hot Springs Road
to the Olympic National Park boundary, as a scenic
river.
``(C) The approximately 14.2-mile segment of the
North Fork Sol Duc River from the headwaters to the
Olympic Hot Springs Road bridge, as a wild river.
``(D) The approximately 0.2-mile segment of the
North Fork Sol Duc River from the Olympic Hot Springs
Road bridge to the confluence with the Sol Duc River,
as a scenic river.
``(E) The approximately 8.0-mile segment of the
South Fork Sol Duc River from the headwaters to the
confluence with the Sol Duc River, as a scenic river.
``(249) Lyre river, washington.--The approximately 0.2-mile
segment of the Lyre River from Lake Crescent to the Olympic
National Park boundary, to be administered by the Secretary of
the Interior as a scenic river.''.
(b) Effect.--The amendment made by subsection (a) does not affect
valid existing water rights.
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of the enactment of this Act,
the Secretary of Agriculture shall, with respect to the
designations made under subsection (a) on lands under the
jurisdiction of the Secretary, incorporate such designations
into updated management plans for units of the National Forest
System in accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1) shall
be 5 years after the date of the enactment of this Act if the
Secretary of Agriculture--
(A) is unable to meet the requirement under such
paragraph by the date specified in such paragraph; and
(B) not later than 3 years after the date of the
enactment of this Act, includes in the Department of
Agriculture annual budget submission to Congress a
request for additional sums as may be necessary to meet
the requirement of such paragraph.
(3) Comprehensive management plan requirements.--Updated
management plans under paragraph (1) or (2) satisfy the
requirements under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
SEC. 20604. EXISTING RIGHTS AND WITHDRAWAL.
(a) In General.--In accordance with section 12(b) of the National
Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this title
or the amendment made by section 20603(a) affects or abrogates existing
rights, privileges, or contracts held by private parties, nor does this
title in any way modify or direct the management, acquisition, or
disposition of lands managed by the Washington Department of Natural
Resources on behalf of the State of Washington.
(b) Withdrawal.--Subject to valid existing rights, the Federal land
within the boundaries of the river segments designated by this title
and the amendment made by section 20603(a) is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 20605. TREATY RIGHTS.
Nothing in this title alters, modifies, diminishes, or extinguishes
the reserved treaty rights of any Indian tribe with hunting, fishing,
gathering, and cultural or religious rights in the Olympic National
Forest as protected by a treaty.
TITLE VII--STUDY ON FLOOD RISK MITIGATION
SEC. 20701. STUDY ON FLOOD RISK MITIGATION.
The Comptroller General shall conduct a study to determine the
contributions of wilderness designations under this division to
protections to flood risk mitigation in residential areas.
TITLE VIII--MISCELLANEOUS
SEC. 20801. PROMOTING HEALTH AND WELLNESS FOR VETERANS AND
SERVICEMEMBERS.
The Secretary of Interior and the Secretary of Agriculture are
encouraged to ensure servicemember and veteran access to public lands
designed by this division for the purposes of outdoor recreation and to
participate in outdoor-related volunteer and wellness programs.
SEC. 20802. FIRE, INSECTS, AND DISEASES.
Nothing in this division may be construed to limit the authority of
the Secretary of the Interior or the Secretary of Agriculture under
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), in
accordance with existing laws (including regulations).
SEC. 20803. MILITARY ACTIVITIES.
Nothing in this division precludes--
(1) low-level overflights of military aircraft over
wilderness areas;
(2) the designation of new units of special airspace over
wilderness areas; or
(3) the establishment of military flight training routes
over wilderness areas.
DIVISION P--COLORADO OUTDOOR RECREATION AND ECONOMY ACT
SEC. 21001. SHORT TITLE.
This division may be cited as the ``Colorado Outdoor Recreation and
Economy Act''.
SEC. 21002. DEFINITION OF STATE.
In this division, the term ``State'' means the State of Colorado.
TITLE I--CONTINENTAL DIVIDE
SEC. 21101. DEFINITIONS.
In this title:
(1) Covered area.--The term ``covered area'' means any area
designated as wilderness by the amendments to section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) made by section 21102(a).
(2) Historic landscape.--The term ``Historic Landscape''
means the Camp Hale National Historic Landscape designated by
section 21107(a).
(3) Recreation management area.--The term ``Recreation
Management Area'' means the Tenmile Recreation Management Area
designated by section 21104(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 21105(a); and
(B) the Williams Fork Mountains Wildlife
Conservation Area designated by section 21106(a).
SEC. 21102. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness Act of
1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River
National Forest that comprises approximately 6,896 acres, as
generally depicted as `Proposed Ptarmigan Peak Wilderness
Additions' on the map entitled `Proposed Ptarmigan Peak
Wilderness Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal
land within the White River National Forest that comprises
approximately 3,866 acres, as generally depicted as `Proposed
Megan Dickie Wilderness Addition' on the map entitled `Holy
Cross Wilderness Addition Proposal' and dated June 24, 2019,
which shall be incorporated into, and managed as part of, the
Holy Cross Wilderness designated by section 102(a)(5) of Public
Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal land
within the White River National Forest that comprises
approximately 5,235 acres, as generally depicted as `Proposed
Hoosier Ridge Wilderness' on the map entitled `Tenmile
Proposal' and dated June 24, 2019, which shall be known as the
`Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the
White River National Forest that comprises approximately 7,624
acres, as generally depicted as `Proposed Tenmile Wilderness'
on the map entitled `Tenmile Proposal' and dated June 24, 2019,
which shall be known as the `Tenmile Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal
land within the White River National Forest that comprises
approximately 9,670 acres, as generally depicted as `Proposed
Freeman Creek Wilderness Addition' and `Proposed Spraddle Creek
Wilderness Addition' on the map entitled `Eagles Nest
Wilderness Additions Proposal' and dated June 24, 2019, which
shall be incorporated into, and managed as part of, the Eagles
Nest Wilderness designated by Public Law 94-352 (90 Stat.
870).''.
(b) Applicable Law.--Any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the effective date of that Act shall be considered to
be a reference to the date of enactment of this Act for purposes of
administering a covered area.
(c) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
carry out any activity in a covered area that the Secretary determines
to be necessary for the control of fire, insects, and diseases, subject
to such terms and conditions as the Secretary determines to be
appropriate.
(d) Grazing.--The grazing of livestock on a covered area, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(e) Coordination.--For purposes of administering the Federal land
designated as wilderness by paragraph (26) of section 2(a) of the
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-
77) (as added by subsection (a)(2)), the Secretary shall, as determined
to be appropriate for the protection of watersheds, coordinate the
activities of the Secretary in response to fires and flooding events
with interested State and local agencies, including operations using
aircraft or mechanized equipment.
SEC. 21103. WILLIAMS FORK MOUNTAINS WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River
National Forest in the State, comprising approximately 8,036 acres and
generally depicted as ``Proposed Williams Fork Mountains Wilderness''
on the map entitled ``Williams Fork Mountains Proposal'' and dated June
24, 2019, is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and except as
provided in subsection (d), the potential wilderness area designated by
subsection (a) shall be managed in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with applicable laws
(including regulations), the Secretary shall publish a
determination regarding whether to authorize livestock grazing
or other use by livestock on the vacant allotments known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary may
modify or combine the vacant allotments referred to in that
paragraph.
(3) Permit or other authorization.--Not later than 1 year
after the date on which a determination of the Secretary to
authorize livestock grazing or other use by livestock is
published under paragraph (1), if applicable, the Secretary
shall grant a permit or other authorization for that livestock
grazing or other use in accordance with applicable laws
(including regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock grazing
or other use by livestock on the potential wilderness area
under subsection (c), the Secretary, or a third party
authorized by the Secretary, may use any motorized or
mechanized transport or equipment for purposes of constructing
or rehabilitating such range improvements as are necessary to
obtain appropriate livestock management objectives (including
habitat and watershed restoration).
(2) Termination of authority.--The authority provided by
this subsection terminates on the date that is 2 years after
the date on which the Secretary publishes a positive
determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated
by subsection (a) shall be designated as wilderness, to be
known as the ``Williams Fork Mountains Wilderness''--
(A) effective not earlier than the date that is 180
days after the date of enactment this Act; and
(B) on the earliest of--
(i) the date on which the Secretary
publishes in the Federal Register a notice that
the construction or rehabilitation of range
improvements under subsection (d) is complete;
(ii) the date described in subsection
(d)(2); and
(iii) the effective date of a determination
of the Secretary not to authorize livestock
grazing or other use by livestock under
subsection (c)(1).
(2) Administration.--Subject to valid existing rights, the
Secretary shall manage the Williams Fork Mountains Wilderness
in accordance with--
(A) the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77); and
(B) this title.
SEC. 21104. TENMILE RECREATION MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 17,122 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Tenmile
Recreation Management Area'' on the map entitled ``Tenmile Proposal''
and dated June 24, 2019, are designated as the ``Tenmile Recreation
Management Area''.
(b) Purposes.--The purposes of the Recreation Management Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the recreational, scenic, watershed,
habitat, and ecological resources of the Recreation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Recreation
Management Area--
(A) in a manner that conserves, protects, and
enhances--
(i) the purposes of the Recreation
Management Area described in subsection (b);
and
(ii) recreation opportunities, including
mountain biking, hiking, fishing, horseback
riding, snowshoeing, climbing, skiing, camping,
and hunting; and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Recreation Management Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Vehicles.--
(i) In general.--Except as provided in
clause (iii), the use of motorized vehicles in
the Recreation Management Area shall be limited
to the roads, vehicle classes, and periods
authorized for motorized vehicle use on the
date of enactment of this Act.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
road shall be constructed in the Recreation
Management Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) rerouting or closing an
existing road or trail to protect
natural resources from degradation, as
the Secretary determines to be
appropriate;
(II) authorizing the use of
motorized vehicles for administrative
purposes or roadside camping;
(III) constructing temporary roads
or permitting the use of motorized
vehicles to carry out pre- or post-fire
watershed protection projects;
(IV) authorizing the use of
motorized vehicles to carry out any
activity described in subsection (d),
(e)(1), or (f); or
(V) responding to an emergency.
(C) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Recreation
Management Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to prevent, control, or
mitigate fire, insects, or disease in the Recreation Management Area,
subject to such terms and conditions as the Secretary determines to be
appropriate.
(e) Water.--
(1) Effect on water management infrastructure.--Nothing in
this section affects the construction, repair, reconstruction,
replacement, operation, maintenance, or renovation within the
Recreation Management Area of--
(A) water management infrastructure in existence on
the date of enactment of this Act; or
(B) any future infrastructure necessary for the
development or exercise of water rights decreed before
the date of enactment of this Act.
(2) Applicable law.--Section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216; 116
Stat. 1058) shall apply to the Recreation Management Area.
(f) Regional Transportation Projects.--Nothing in this section
precludes the Secretary from authorizing, in accordance with applicable
laws (including regulations), the use or leasing of Federal land within
the Recreation Management Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(g) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Recreation Management Area
for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(h) Permits.--Nothing in this section alters or limits--
(1) any permit held by a ski area or other entity; or
(2) the acceptance, review, or implementation of associated
activities or facilities proposed or authorized by law or
permit outside the boundaries of the Recreation Management
Area.
SEC. 21105. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 8,287 acres of Federal land located in the White River
National Forest, as generally depicted as ``Proposed Porcupine Gulch
Wildlife Conservation Area'' on the map entitled ``Porcupine Gulch
Wildlife Conservation Area Proposal'' and dated June 24, 2019, are
designated as the ``Porcupine Gulch Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are--
(1) to conserve and protect a wildlife migration corridor
over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, and ecological resources of the
Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Recreation.--The Secretary may permit such
recreational activities in the Wildlife Conservation
Area that the Secretary determines are consistent with
the purposes described in subsection (b).
(C) Motorized vehicles and mechanized transport;
new or temporary roads.--
(i) Motorized vehicles and mechanized
transport.--Except as provided in clause (iii),
the use of motorized vehicles and mechanized
transport in the Wildlife Conservation Area
shall be prohibited.
(ii) New or temporary roads.--Except as
provided in clause (iii) and subsection (e), no
new or temporary road shall be constructed
within the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles or mechanized
transport for administrative purposes;
(II) constructing temporary roads
or permitting the use of motorized
vehicles or mechanized transport to
carry out pre- or post-fire watershed
protection projects;
(III) authorizing the use of
motorized vehicles or mechanized
transport to carry out activities
described in subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to prevent, control, or
mitigate fire, insects, or disease in the Wildlife Conservation Area,
subject to such terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this section or
section 21110(e) precludes the Secretary from authorizing, in
accordance with applicable laws (including regulations), the use or
leasing of Federal land within the Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Wildlife Conservation Area
for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(g) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 21106. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,528 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Williams Fork
Mountains Wildlife Conservation Area'' on the map entitled ``Williams
Fork Mountains Proposal'' and dated June 24, 2019, are designated as
the ``Williams Fork Mountains Wildlife Conservation Area'' (referred to
in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the wildlife, scenic, roadless,
watershed, recreational, and ecological resources of the Wildlife
Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided in
clause (iii), the use of motorized vehicles in
the Wildlife Conservation Area shall be limited
to designated roads and trails.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
road shall be constructed in the Wildlife
Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles for administrative
purposes;
(II) authorizing the use of
motorized vehicles to carry out
activities described in subsection (d);
or
(III) responding to an emergency.
(C) Bicycles.--The use of bicycles in the Wildlife
Conservation Area shall be limited to designated roads
and trails.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(E) Grazing.--The laws (including regulations) and
policies followed by the Secretary in issuing and
administering grazing permits or leases on land under
the jurisdiction of the Secretary shall continue to
apply with regard to the land in the Wildlife
Conservation Area, consistent with the purposes
described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to prevent, control, or
mitigate fire, insects, or disease in the Wildlife Conservation Area,
subject to such terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this section or
section 21110(e) precludes the Secretary from authorizing, in
accordance with applicable laws (including regulations), the use or
leasing of Federal land within the Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 21107. CAMP HALE NATIONAL HISTORIC LANDSCAPE.
(a) Designation.--Subject to valid existing rights, the
approximately 28,676 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Camp Hale
National Historic Landscape'' on the map entitled ``Camp Hale National
Historic Landscape Proposal'' and dated June 24, 2019, are designated
the ``Camp Hale National Historic Landscape''.
(b) Purposes.--The purposes of the Historic Landscape are--
(1) to provide for--
(A) the interpretation of historic events,
activities, structures, and artifacts of the Historic
Landscape, including with respect to the role of the
Historic Landscape in local, national, and world
history;
(B) the historic preservation of the Historic
Landscape, consistent with--
(i) the designation of the Historic
Landscape as a national historic site; and
(ii) the other purposes of the Historic
Landscape;
(C) recreational opportunities, with an emphasis on
the activities related to the historic use of the
Historic Landscape, including skiing, snowshoeing,
snowmobiling, hiking, horseback riding, climbing, other
road- and trail-based activities, and other outdoor
activities; and
(D) the continued environmental remediation and
removal of unexploded ordnance at the Camp Hale
Formerly Used Defense Site and the Camp Hale historic
cantonment area; and
(2) to conserve, protect, restore, and enhance for the
benefit and enjoyment of present and future generations the
scenic, watershed, and ecological resources of the Historic
Landscape.
(c) Management.--
(1) In general.--The Secretary shall manage the Historic
Landscape in accordance with--
(A) the purposes of the Historic Landscape
described in subsection (b); and
(B) any other applicable laws (including
regulations).
(2) Management plan.--
(A) In general.--Not later than 5 years after the
date of enactment of this Act, the Secretary shall
prepare a management plan for the Historic Landscape.
(B) Contents.--The management plan prepared under
subparagraph (A) shall include plans for--
(i) improving the interpretation of
historic events, activities, structures, and
artifacts of the Historic Landscape, including
with respect to the role of the Historic
Landscape in local, national, and world
history;
(ii) conducting historic preservation and
veteran outreach and engagement activities;
(iii) managing recreational opportunities,
including the use and stewardship of--
(I) the road and trail systems; and
(II) dispersed recreation
resources;
(iv) the conservation, protection,
restoration, or enhancement of the scenic,
watershed, and ecological resources of the
Historic Landscape, including conducting the
restoration and enhancement project under
subsection (d); and
(v) environmental remediation and,
consistent with subsection (e)(2), the removal
of unexploded ordnance.
(3) Explosive hazards.--The Secretary shall provide to the
Secretary of the Army a notification of any unexploded ordnance
(as defined in section 101(e) of title 10, United States Code)
that is discovered in the Historic Landscape.
(d) Camp Hale Restoration and Enhancement Project.--
(1) In general.--The Secretary shall conduct a restoration
and enhancement project in the Historic Landscape--
(A) to improve aquatic, riparian, and wetland
conditions in and along the Eagle River and tributaries
of the Eagle River;
(B) to maintain or improve recreation and
interpretive opportunities and facilities; and
(C) to conserve historic values in the Camp Hale
area.
(2) Coordination.--In carrying out the project described in
paragraph (1), the Secretary shall coordinate with--
(A) the United States Army Corps of Engineers;
(B) the Camp Hale-Eagle River Headwaters
Collaborative Group;
(C) the National Forest Foundation;
(D) the Colorado Department of Public Health and
Environment;
(E) the Colorado State Historic Preservation
Office;
(F) units of local government; and
(G) other interested organizations and members of
the public.
(e) Environmental Remediation.--
(1) In general.--The Secretary of the Army shall continue
to carry out the projects and activities of the Department of
the Army in existence on the date of enactment of this Act
relating to cleanup of--
(A) the Camp Hale Formerly Used Defense Site; or
(B) the Camp Hale historic cantonment area.
(2) Removal of unexploded ordnance.--
(A) In general.--The Secretary of the Army may
remove unexploded ordnance (as defined in section
101(e) of title 10, United States Code) from the
Historic Landscape, as the Secretary of the Army
determines to be appropriate in accordance with
applicable law (including regulations).
(B) Action on receipt of notice.--On receipt from
the Secretary of a notification of unexploded ordnance
under subsection (c)(3), the Secretary of the Army may
remove the unexploded ordnance in accordance with--
(i) the program for environmental
restoration of formerly used defense sites
under section 2701 of title 10, United States
Code;
(ii) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.); and
(iii) any other applicable provision of law
(including regulations).
(3) Effect of subsection.--Nothing in this subsection
modifies any obligation in existence on the date of enactment
of this Act relating to environmental remediation or removal of
any unexploded ordnance located in or around the Camp Hale
historic cantonment area, the Camp Hale Formerly Used Defense
Site, or the Historic Landscape, including such an obligation
under--
(A) the program for environmental restoration of
formerly used defense sites under section 2701 of title
10, United States Code;
(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.); or
(C) any other applicable provision of law
(including regulations).
(f) Interagency Agreement.--The Secretary and the Secretary of the
Army shall enter into an agreement--
(1) to specify--
(A) the activities of the Secretary relating to the
management of the Historic Landscape; and
(B) the activities of the Secretary of the Army
relating to environmental remediation and the removal
of unexploded ordnance in accordance with subsection
(e) and other applicable laws (including regulations);
and
(2) to require the Secretary to provide to the Secretary of
the Army, by not later than 1 year after the date of enactment
of this Act and periodically thereafter, as appropriate, a
management plan for the Historic Landscape for purposes of the
removal activities described in subsection (e).
(g) Effect.--Nothing in this section--
(1) affects the jurisdiction of the State over any water
law, water right, or adjudication or administration relating to
any water resource;
(2) affects any water right in existence on or after the
date of enactment of this Act, or the exercise of such a water
right, including--
(A) a water right under an interstate water compact
(including full development of any apportionment made
in accordance with such a compact);
(B) a water right decreed within, above, below, or
through the Historic Landscape;
(C) a water right held by the United States;
(D) the management or operation of any reservoir,
including the storage, management, release, or
transportation of water; and
(E) the construction or operation of such
infrastructure as is determined to be necessary by an
individual or entity holding water rights to develop
and place to beneficial use those rights, subject to
applicable Federal, State, and local law (including
regulations);
(3) constitutes an express or implied reservation by the
United States of any reserved or appropriative water right;
(4) alters or limits--
(A) a permit held by a ski area;
(B) the implementation of activities governed by a
ski area permit; or
(C) the authority of the Secretary to modify or
expand an existing ski area permit;
(5) prevents the Secretary from closing portions of the
Historic Landscape for public safety, environmental
remediation, or other use in accordance with applicable laws;
or
(6) affects--
(A) any special use permit in effect on the date of
enactment of this Act; or
(B) the renewal of a permit described in
subparagraph (A).
(h)(1) Funding.--There is established in the general fund of the
Treasury a special account, to be known as the ``Camp Hale Historic
Preservation and Restoration Fund''.
(2) There is authorized to be appropriated to the Camp Hale
Historic Preservation and Restoration Fund $10,000,000, to be available
to the Secretary until expended, for activities relating to historic
interpretation, preservation, and restoration carried out in and around
the Historic Landscape.
(i) Designation of Overlook.--The interpretive site located beside
United States Route 24 in the State, at 39.431N 106.323W, is hereby
designated as the ``Sandy Treat Overlook''.
SEC. 21108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundary of the White River National Forest is
modified to include the approximately 120 acres comprised of the SW 1/
4, the SE 1/4, and the NE 1/4 of the SE 1/4 of sec. 1, T. 2 S., R. 80
W., 6th Principal Meridian, in Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of section
200306 of title 54, United States Code, the boundaries of the White
River National Forest, as modified under subsection (a), shall be
considered to be the boundaries of the White River National Forest as
in existence on January 1, 1965.
SEC. 21109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS BOUNDARY
ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for the
ongoing maintenance and use of portions of the Trail River Ranch and
the associated property located within Rocky Mountain National Park in
Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070) is
amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the Potential
Wilderness is modified to exclude the area comprising
approximately 15.5 acres of land identified as `Potential
Wilderness to Non-wilderness' on the map entitled `Rocky
Mountain National Park Proposed Wilderness Area Amendment' and
dated January 16, 2018.''.
SEC. 21110. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title or an amendment made
by this title establishes a protective perimeter or buffer zone
around--
(A) a covered area;
(B) a wilderness area or potential wilderness area
designated by section 21103;
(C) the Recreation Management Area;
(D) a Wildlife Conservation Area; or
(E) the Historic Landscape.
(2) Outside activities.--The fact that a nonwilderness
activity or use on land outside of a covered area can be seen
or heard from within the covered area shall not preclude the
activity or use outside the boundary of the covered area.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of each area described in subsection (b)(1) with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
any typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundaries of an area described in
subsection (b)(1) only through exchange, donation, or purchase
from a willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness area, Recreation
Management Area, Wildlife Conservation Area, or Historic
Landscape, as applicable, in which the land or interest in land
is located.
(e) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the areas described in subsection (b)(1) are
withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(f) Military Overflights.--Nothing in this title or an amendment
made by this title restricts or precludes--
(1) any low-level overflight of military aircraft over any
area subject to this title or an amendment made by this title,
including military overflights that can be seen, heard, or
detected within such an area;
(2) flight testing or evaluation over an area described in
paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over an
area described in paragraph (1); or
(B) any military flight training or transportation
over such an area.
(g) Sense of Congress.--It is the sense of Congress that military
aviation training on Federal public lands in Colorado, including the
training conducted at the High-Altitude Army National Guard Aviation
Training Site, is critical to the national security of the United
States and the readiness of the Armed Forces.
TITLE II--SAN JUAN MOUNTAINS
SEC. 21201. DEFINITIONS.
In this title:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs
(27) through (29) of section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law
103-77) (as added by section 21202); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means each of--
(A) the Sheep Mountain Special Management Area
designated by section 21203(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 21203(a)(2).
SEC. 21202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132
note; Public Law 103-77) (as amended by section 21102(a)(2)) is amended
by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,141 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine, Black
Face and San Bernardo Additions to the Lizard Head Wilderness'
and dated September 6, 2018, which is incorporated in, and
shall be administered as part of, the Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--
Certain Federal land in the Grand Mesa, Uncompahgre,
and Gunnison National Forests comprising approximately
7,235 acres, as generally depicted on the map entitled
`Proposed Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East Special
Management Area' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of,
the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land
in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 12,465 acres, as
generally depicted on the map entitled `Proposed
Whitehouse Additions to the Mt. Sneffels Wilderness'
and dated September 6, 2018, which is incorporated in,
and shall be administered as part of, the Mount
Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,884 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `Proposed McKenna Peak Wilderness Area' and dated
September 18, 2018, to be known as the `McKenna Peak
Wilderness'.''.
SEC. 21203. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan
National Forests in the State comprising approximately 21,663
acres, as generally depicted on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and dated September
19, 2018, is designated as the ``Sheep Mountain Special
Management Area''.
(2) Liberty bell east special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests in the State comprising approximately 792 acres, as
generally depicted on the map entitled ``Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness,
Liberty Bell East Special Management Area'' and dated September
6, 2018, is designated as the ``Liberty Bell East Special
Management Area''.
(b) Purpose.--The purpose of the Special Management Areas is to
conserve and protect for the benefit and enjoyment of present and
future generations the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic resources of
the Special Management Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
(A) conserves, protects, and enhances the resources
and values of the Special Management Areas described in
subsection (b);
(B) subject to paragraph (3), maintains or improves
the wilderness character of the Special Management
Areas and the suitability of the Special Management
Areas for potential inclusion in the National
Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.);
(ii) this title; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the
Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the Federal
land, to provide access for abandoned mine cleanup, and
to protect public health and safety--
(i) the use of motor vehicles, motorized
equipment, or mechanical transport (other than
as provided in paragraph (3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any
activities (including helicopter access for recreation
and maintenance and the competitive running event
permitted since 1992) that have been authorized by
permit or license as of the date of enactment of this
Act to continue within the Special Management Areas,
subject to such terms and conditions as the Secretary
may require.
(B) Permitting.--The designation of the Special
Management Areas by subsection (a) shall not affect the
issuance of permits relating to the activities covered
under subparagraph (A) after the date of enactment of
this Act.
(C) Bicycles.--The Secretary may permit the use of
bicycles in--
(i) the portion of the Sheep Mountain
Special Management Area identified as ``Ophir
Valley Area'' on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and
dated September 19, 2018; and
(ii) the portion of the Liberty Bell East
Special Management Area identified as ``Liberty
Bell Corridor'' on the map entitled ``Proposed
Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated September
6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with section 8 of
the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762),
except that, for purposes of this division--
(1) any reference contained in that section to ``the lands
designated as wilderness by this Act'', ``the Piedra,
Roubideau, and Tabeguache areas identified in section 9 of this
Act, or the Bowen Gulch Protection Area or the Fossil Ridge
Recreation Management Area identified in sections 5 and 6 of
this Act'', or ``the areas described in sections 2, 5, 6, and 9
of this Act'' shall be considered to be a reference to ``the
Special Management Areas''; and
(2) any reference contained in that section to ``this Act''
shall be considered to be a reference to ``the Colorado Outdoor
Recreation and Economy Act''.
SEC. 21204. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of title II
of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the portions of the Dominguez Canyon Wilderness Study Area
not designated as wilderness by this subtitle have been adequately
studied for wilderness designation.
``(b) Release.--Any public land referred to in subsection (a) that
is not designated as wilderness by this subtitle--
``(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
``(2) shall be managed in accordance with this subtitle and
any other applicable laws.''.
(b) Mckenna Peak Wilderness Study Area.--
(1) In general.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak
Wilderness Study Area in San Miguel County in the State not
designated as wilderness by paragraph (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 21202) have been
adequately studied for wilderness designation.
(2) Release.--Any public land referred to in paragraph (1)
that is not designated as wilderness by paragraph (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 21202)--
(A) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
(B) shall be managed in accordance with applicable
laws.
SEC. 21205. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title establishes a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land can be seen or heard from within covered land shall not
preclude the activity or use outside the boundary of the
covered land.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary or the Secretary of the
Interior, as appropriate, shall file a map and a legal
description of each wilderness area designated by paragraphs
(27) through (29) of section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added
by section 21202) and the Special Management Areas with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary or the
Secretary of the Interior, as appropriate, may correct any
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management and the Forest Service.
(d) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of a Special Management Area or the
wilderness designated under paragraphs (27) through (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 21202) only
through exchange, donation, or purchase from a willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special Management
Area in which the land or interest in land is located.
(e) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary with jurisdiction over the
covered land, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A of
the report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(f) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary
with jurisdiction over a wilderness area designated by paragraphs (27)
through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section 21202) may
carry out any activity in the wilderness area that the Secretary
determines to be necessary for the control of fire, insects, and
diseases, subject to such terms and conditions as the Secretary
determines to be appropriate.
(g) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the covered land and the approximately 6,590
acres generally depicted on the map entitled ``Proposed Naturita Canyon
Mineral Withdrawal Area'' and dated September 6, 2018, is withdrawn
from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
TITLE III--THOMPSON DIVIDE
SEC. 21301. PURPOSES.
The purposes of this title are--
(1) subject to valid existing rights, to withdraw certain
Federal land in the Thompson Divide area from mineral and other
disposal laws; and
(2) to promote the capture of fugitive methane emissions
that would otherwise be emitted into the atmosphere--
(A) to reduce methane gas emissions; and
(B) to provide--
(i) new renewable electricity supplies and
other beneficial uses of fugitive methane
emissions; and
(ii) increased royalties for taxpayers.
SEC. 21302. DEFINITIONS.
In this title:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from those Federal lands
in Garfield, Gunnison, Delta, or Pitkin County in the State
generally depicted on the pilot program map as ``Fugitive Coal
Mine Methane Use Pilot Program Area'' that would leak or be
vented into the atmosphere from an active, inactive or
abandoned underground coal mine.
(2) Pilot program.--The term ``pilot program'' means the
Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program established by section 21305(a)(1).
(3) Pilot program map.--The term ``pilot program map''
means the map entitled ``Greater Thompson Divide Fugitive Coal
Mine Methane Use Pilot Program Area'' and dated June 17, 2019.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide lease''
means any oil or gas lease in effect on the date of
enactment of this Act within the Thompson Divide
Withdrawal and Protection Area.
(B) Exclusions.--The term ``Thompson Divide lease''
does not include any oil or gas lease that--
(i) is associated with a Wolf Creek Storage
Field development right; or
(ii) before the date of enactment of this
Act, has expired, been cancelled, or otherwise
terminated.
(6) Thompson divide map.--The term ``Thompson Divide map''
means the map entitled ``Greater Thompson Divide Area Map'' and
dated June 13, 2019.
(7) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land and minerals generally depicted on the
Thompson Divide map as the ``Thompson Divide Withdrawal and
Protection Area''.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek Storage
Field development right'' means a development right for
any of the Federal mineral leases numbered COC 007496,
COC 007497, COC 007498, COC 007499, COC 007500, COC
007538, COC 008128, COC 015373, COC 0128018, COC
051645, and COC 051646, and generally depicted on the
Thompson Divide map as ``Wolf Creek Storage
Agreement''.
(B) Exclusions.--The term ``Wolf Creek Storage
Field development right'' does not include any storage
right or related activity within the area described in
subparagraph (A).
SEC. 21303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid existing rights, the Thompson
Divide Withdrawal and Protection Area is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of the
Thompson Divide Withdrawal and Protection Area shall be determined by
surveys approved by the Secretary, in consultation with the Secretary
of Agriculture.
(c) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall be allowed
to continue subject to such reasonable regulations as are considered to
be necessary by the Secretary with jurisdiction over the covered land.
SEC. 21304. THOMPSON DIVIDE LEASE EXCHANGE.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder, the
Secretary may issue to the leaseholder credits for any bid, royalty, or
rental payment due under any Federal oil or gas lease on Federal land
in the State, in accordance with subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount of
the credits issued to a leaseholder of a Thompson Divide lease
relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid for
the applicable Thompson Divide leases;
(ii) the amount of any rental paid for the
applicable Thompson Divide leases as of the
date on which the leaseholder submits to the
Secretary a notice of the decision to
relinquish the applicable Thompson Divide
leases; and
(iii) the amount of any expenses incurred
by the leaseholder of the applicable Thompson
Divide leases in the preparation of any
drilling permit, sundry notice, or other
related submission in support of the
development of the applicable Thompson Divide
leases as of January 28, 2019, including any
expenses relating to the preparation of any
analysis under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by the
leaseholder of a Thompson Divide lease for legal fees or
related expenses for legal work with respect to a Thompson
Divide lease.
(c) Cancellation.--Effective on relinquishment under this section,
and without any additional action by the Secretary, a Thompson Divide
lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in this
section, each exchange under this section shall be conducted in
accordance with--
(A) this division; and
(B) other applicable laws (including regulations).
(2) Acceptance of credits.--The Secretary may, subject to
appropriations, accept credits issued under subsection (a) in
the same manner as cash for the payments described in that
subsection.
(3) Applicability.--The use of a credit issued under
subsection (a) shall be subject to the laws (including
regulations) applicable to the payments described in that
subsection, to the extent that the laws are consistent with
this section.
(4) Treatment of credits.--Subject to appropriations, all
amounts in the form of credits issued under subsection (a)
accepted by the Secretary shall be considered to be amounts
received for the purposes of--
(A) section 35 of the Mineral Leasing Act (30
U.S.C. 191); and
(B) section 20 of the Geothermal Steam Act of 1970
(30 U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition precedent to
the relinquishment of a Thompson Divide lease, any leaseholder
with a Wolf Creek Storage Field development right shall
permanently relinquish, transfer, and otherwise convey to the
Secretary, in a form acceptable to the Secretary, all Wolf
Creek Storage Field development rights of the leaseholder.
(2) Limitation of transfer.--An interest acquired by the
Secretary under paragraph (1)--
(A) shall be held in perpetuity; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral
extraction.
SEC. 21305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE USE
PILOT PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the Bureau of
Land Management a pilot program, to be known as the ``Greater
Thompson Divide Fugitive Coal Mine Methane Use Pilot Program''.
(2) Purpose.--The purpose of the pilot program is to
promote the capture, beneficial use, mitigation, and
sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to produce bid and royalty revenues;
(D) to improve air quality; and
(E) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
develop a plan--
(i) to complete an inventory of fugitive
methane emissions in accordance with subsection
(b);
(ii) to provide for the leasing of fugitive
methane emissions in accordance with subsection
(c); and
(iii) to provide for the capping or
destruction of fugitive methane emissions in
accordance with subsection (d).
(B) Coordination.--In developing the plan under
this paragraph, the Secretary shall coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and Pitkin
Counties in the State;
(iii) lessees of Federal coal within the
counties referred to in clause (ii);
(iv) interested institutions of higher
education in the State; and
(v) interested members of the public.
(b) Fugitive Methane Emission Inventory.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete an
inventory of fugitive methane emissions.
(2) Conduct.--The Secretary may conduct the inventory under
paragraph (1) through, or in collaboration with--
(A) the Bureau of Land Management;
(B) the United States Geological Survey;
(C) the Environmental Protection Agency;
(D) the United States Forest Service;
(E) State departments or agencies;
(F) Garfield, Gunnison, Delta, or Pitkin County in
the State;
(G) the Garfield County Federal Mineral Lease
District;
(H) institutions of higher education in the State;
(I) lessees of Federal coal within a county
referred to in subparagraph (F);
(J) the National Oceanic and Atmospheric
Administration;
(K) the National Center for Atmospheric Research;
or
(L) other interested entities, including members of
the public.
(3) Contents.--The inventory under paragraph (1) shall
include--
(A) the general location and geographic coordinates
of each vent, seep, or other source producing
significant fugitive methane emissions;
(B) an estimate of the volume and concentration of
fugitive methane emissions from each source of
significant fugitive methane emissions including
details of measurements taken and the basis for that
emissions estimate;
(C) an estimate of the total volume of fugitive
methane emissions each year;
(D) relevant data and other information available
from--
(i) the Environmental Protection Agency;
(ii) the Mine Safety and Health
Administration;
(iii) Colorado Department of Natural
Resources;
(iv) Colorado Public Utility Commission;
(v) Colorado Department of Health and
Environment; and
(vi) Office of Surface Mining Reclamation
and Enforcement; and
(E) such other information as may be useful in
advancing the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary shall
provide opportunities for public participation in the
inventory under this subsection.
(B) Availability.--The Secretary shall make the
inventory under this subsection publicly available.
(C) Disclosure.--Nothing in this subsection
requires the Secretary to publicly release information
that--
(i) poses a threat to public safety;
(ii) is confidential business information;
or
(iii) is otherwise protected from public
disclosure.
(5) Use.--The Secretary shall use the inventory in carrying
out--
(A) the leasing program under subsection (c); and
(B) the capping or destruction of fugitive methane
emissions under subsection (d).
(c) Fugitive Methane Emission Leasing Program.--
(1) In general.--Subject to valid existing rights and in
accordance with this section, not later than 1 year after the
date of completion of the inventory required under subsection
(b), the Secretary shall carry out a program to encourage the
use and destruction of fugitive methane emissions.
(2) Fugitive methane emissions from coal mines subject to
lease.--
(A) In general.--The Secretary shall authorize the
holder of a valid existing Federal coal lease for a
mine that is producing fugitive methane emissions to
capture for use, or destroy by flaring, the fugitive
methane emissions.
(B) Conditions.--The authority under subparagraph
(A) shall be--
(i) subject to valid existing rights; and
(ii) subject to such terms and conditions
as the Secretary may require.
(C) Limitations.--The program carried out under
paragraph (1) shall only include fugitive methane
emissions that can be captured for use, or destroyed by
flaring, in a manner that does not--
(i) endanger the safety of any coal mine
worker; or
(ii) unreasonably interfere with any
ongoing operation at a coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall work
cooperatively with the holders of valid
existing Federal coal leases for mines that
produce fugitive methane emissions to
encourage--
(I) the capture of fugitive methane
emissions for beneficial use, such as
generating electrical power, producing
usable heat, transporting the methane
to market, transforming the fugitive
methane emissions into a different
marketable material; or
(II) if the beneficial use of the
fugitive methane emissions is not
feasible, the destruction of the
fugitive methane emissions by flaring.
(ii) Guidance.--In furtherance of the
purposes of this paragraph, not later than 1
year after the date of enactment of this Act,
the Secretary shall issue guidance for the
implementation of Federal authorities and
programs to encourage the capture for use, or
destruction by flaring, of fugitive methane
emissions while minimizing impacts on natural
resources or other public interest values.
(E) Royalties.--The Secretary shall determine
whether any fugitive methane emissions used or
destroyed pursuant to this paragraph are subject to the
payment of a royalty under applicable law.
(3) Fugitive methane emissions from abandoned coal mines.--
(A) In general.--Except as otherwise provided in
this section, notwithstanding section 21303, subject to
valid existing rights, and in accordance with section
21 of the Mineral Leasing Act (30 U.S.C. 241) and any
other applicable law, the Secretary shall--
(i) authorize the capture for use, or
destruction by flaring, of fugitive methane
emissions from abandoned coal mines on Federal
land; and
(ii) make available for leasing such
fugitive methane emissions from abandoned coal
mines on Federal land as the Secretary
considers to be in the public interest.
(B) Source.--To the maximum extent practicable, the
Secretary shall offer for lease each significant vent,
seep, or other source of fugitive methane emissions
from abandoned coal mines.
(C) Bid qualifications.--A bid to lease fugitive
methane emissions under this paragraph shall specify
whether the prospective lessee intends--
(i) to capture the fugitive methane
emissions for beneficial use, such as
generating electrical power, producing usable
heat, transporting the methane to market,
transforming the fugitive methane emissions
into a different marketable material;
(ii) to destroy the fugitive methane
emissions by flaring; or
(iii) to employ a specific combination of--
(I) capturing the fugitive methane
emissions for beneficial use; and
(II) destroying the fugitive
methane emission by flaring.
(D) Priority.--
(i) In general.--If there is more than one
qualified bid for a lease under this paragraph,
the Secretary shall select the bid that the
Secretary determines is likely to most
significantly advance the public interest.
(ii) Considerations.--In determining the
public interest under clause (i), the Secretary
shall take into consideration--
(I) the size of the overall
decrease in the time-integrated
radiative forcing of the fugitive
methane emissions;
(II) the impacts to other natural
resource values, including wildlife,
water, and air; and
(III) other public interest values,
including scenic, economic, recreation,
and cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall
develop and provide to prospective bidders a
lease form for leases issued under this
paragraph.
(ii) Due diligence.--The lease form
developed under clause (i) shall include terms
and conditions requiring the leased fugitive
methane emissions to be put to beneficial use
or flared by not later than 1 year after the
date of issuance of the lease.
(F) Royalty rate.--The Secretary shall develop a
minimum bid and royalty rate for leases under this
paragraph to advance the purposes of this section, to
the maximum extent practicable.
(d) Sequestration.--If, by not later than 4 years after the date of
enactment of this Act, any significant fugitive methane emissions from
abandoned coal mines on Federal land are not leased under subsection
(c)(3), the Secretary shall, in accordance with applicable law, take
all reasonable measures--
(1) to cap those fugitive methane emissions at the source
in any case in which the cap will result in the long-term
sequestration of all or a significant portion of the fugitive
methane emissions; or
(2) if sequestration under paragraph (1) is not feasible,
destroy the fugitive methane emissions by flaring.
(e) Report to Congress.--Not later than 4 years after the date of
enactment of this Act the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report detailing--
(1) the economic and environmental impacts of the pilot
program, including information on increased royalties and
estimates of avoided greenhouse gas emissions; and
(2) any recommendations by the Secretary on whether the
pilot program could be expanded geographically to include other
significant sources of fugitive methane emissions from coal
mines.
SEC. 21306. EFFECT.
Except as expressly provided in this title, nothing in this title--
(1) expands, diminishes, or impairs any valid existing
mineral leases, mineral interest, or other property rights
wholly or partially within the Thompson Divide Withdrawal and
Protection Area, including access to the leases, interests,
rights, or land in accordance with applicable Federal, State,
and local laws (including regulations);
(2) prevents the capture of methane from any active,
inactive, or abandoned coal mine covered by this title, in
accordance with applicable laws; or
(3) prevents access to, or the development of, any new or
existing coal mine or lease in Delta or Gunnison County in the
State.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
SEC. 21401. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'',
numbered 616/100,485C, and dated August 11, 2016.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National Recreation Area
established by section 21402(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 21402. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of the date
on which the Secretary approves a request under subsection
(c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment
of this Act, there shall be established as a unit of the National Park
System the Curecanti National Recreation Area, in accordance with this
division, consisting of approximately 50,667 acres of land in the
State, as generally depicted on the map as ``Curecanti National
Recreation Area Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
National Recreation Area in accordance with--
(A) this title; and
(B) the laws (including regulations) generally
applicable to units of the National Park System,
including section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54,
United States Code.
(2) Dam, power plant, and reservoir management and
operations.--
(A) In general.--Nothing in this title affects or
interferes with the authority of the Secretary--
(i) to operate the Uncompahgre Valley
Reclamation Project under the reclamation laws;
(ii) to operate the Wayne N. Aspinall Unit
of the Colorado River Storage Project under the
Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43
U.S.C. 620 et seq.); or
(iii) under the Federal Water Project
Recreation Act (16 U.S.C. 460l-12 et seq.).
(B) Reclamation land.--
(i) Submission of request to retain
administrative jurisdiction.--If, before the
date that is 1 year after the date of enactment
of this Act, the Commissioner of Reclamation
submits to the Secretary a request for the
Commissioner of Reclamation to retain
administrative jurisdiction over the minimum
quantity of land within the land identified on
the map as ``Lands withdrawn or acquired for
Bureau of Reclamation projects'' that the
Commissioner of Reclamation identifies as
necessary for the effective operation of Bureau
of Reclamation water facilities, the Secretary
may--
(I) approve, approve with
modifications, or disapprove the
request; and
(II) if the request is approved
under subclause (I), make any
modifications to the map that are
necessary to reflect that the
Commissioner of Reclamation retains
management authority over the minimum
quantity of land required to fulfill
the reclamation mission.
(ii) Transfer of land.--
(I) In general.--Administrative
jurisdiction over the land identified
on the map as ``Lands withdrawn or
acquired for Bureau of Reclamation
projects'', as modified pursuant to
clause (i)(II), if applicable, shall be
transferred from the Commissioner of
Reclamation to the Director of the
National Park Service by not later than
the date that is 1 year after the date
of enactment of this Act.
(II) Access to transferred land.--
(aa) In general.--Subject
to item (bb), the Commissioner
of Reclamation shall retain
access to the land transferred
to the Director of the National
Park Service under subclause
(I) for reclamation purposes,
including for the operation,
maintenance, and expansion or
replacement of facilities.
(bb) Memorandum of
understanding.--The terms of
the access authorized under
item (aa) shall be determined
by a memorandum of
understanding entered into
between the Commissioner of
Reclamation and the Director of
the National Park Service not
later than 1 year after the
date of enactment of this Act.
(3) Management agreements.--
(A) In general.--The Secretary may enter into
management agreements, or modify management agreements
in existence on the date of enactment of this Act,
relating to the authority of the Director of the
National Park Service, the Commissioner of Reclamation,
the Director of the Bureau of Land Management, or the
Chief of the Forest Service to manage Federal land
within or adjacent to the boundary of the National
Recreation Area.
(B) State land.--The Secretary may enter into
cooperative management agreements for any land
administered by the State that is within or adjacent to
the National Recreation Area, in accordance with the
cooperative management authority under section 101703
of title 54, United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in
subparagraph (B), the Secretary shall allow boating,
boating-related activities, hunting, and fishing in the
National Recreation Area in accordance with applicable
Federal and State laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary, acting
through the Superintendent of the National
Recreation Area, may designate zones in which,
and establish periods during which, no boating,
hunting, or fishing shall be permitted in the
National Recreation Area under subparagraph (A)
for reasons of public safety, administration,
or compliance with applicable laws.
(ii) Consultation required.--Except in the
case of an emergency, any closure proposed by
the Secretary under clause (i) shall not take
effect until after the date on which the
Superintendent of the National Recreation Area
consults with--
(I) the appropriate State agency
responsible for hunting and fishing
activities; and
(II) the Board of County
Commissioners in each county in which
the zone is proposed to be designated.
(5) Landowner assistance.--On the written request of an
individual that owns private land located not more than 3 miles
from the boundary of the National Recreation Area, the
Secretary may work in partnership with the individual to
enhance the long-term conservation of natural, cultural,
recreational, and scenic resources in and around the National
Recreation Area--
(A) by acquiring all or a portion of the private
land or interests in private land located not more than
3 miles from the boundary of the National Recreation
Area by purchase, exchange, or donation, in accordance
with section 21403;
(B) by providing technical assistance to the
individual, including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement
opportunities.
(6) Withdrawal.--Subject to valid existing rights, all
Federal land within the National Recreation Area is withdrawn
from--
(A) entry, appropriation, and disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(7) Grazing.--
(A) State land subject to a state grazing lease.--
(i) In general.--If State land acquired
under this title is subject to a State grazing
lease in effect on the date of acquisition, the
Secretary shall allow the grazing to continue
for the remainder of the term of the lease,
subject to the related terms and conditions of
user agreements, including permitted stocking
rates, grazing fee levels, access rights, and
ownership and use of range improvements.
(ii) Access.--A lessee of State land may
continue its use of established routes within
the National Recreation Area to access State
land for purposes of administering the lease if
the use was permitted before the date of
enactment of this Act, subject to such terms
and conditions as the Secretary may require.
(B) State and private land.--The Secretary may, in
accordance with applicable laws, authorize grazing on
land acquired from the State or private landowners
under section 21403, if grazing was established before
the date of acquisition.
(C) Private land.--On private land acquired under
section 21403 for the National Recreation Area on which
authorized grazing is occurring before the date of
enactment of this Act, the Secretary, in consultation
with the lessee, may allow the continuation and renewal
of grazing on the land based on the terms of
acquisition or by agreement between the Secretary and
the lessee, subject to applicable law (including
regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the grazing
leases, uses, and practices in effect as of the
date of enactment of this Act, the continuation
and renewal of grazing on Federal land located
within the boundary of the National Recreation
Area on which grazing is allowed before the
date of enactment of this Act, unless the
Secretary determines that grazing on the
Federal land would present unacceptable impacts
(as defined in section 1.4.7.1 of the National
Park Service document entitled ``Management
Policies 2006: The Guide to Managing the
National Park System'') to the natural,
cultural, recreational, and scenic resource
values and the character of the land within the
National Recreation Area; and
(ii) retain all authorities to manage
grazing in the National Recreation Area.
(E) Termination of leases.--Within the National
Recreation Area, the Secretary may--
(i) accept the voluntary termination of a
lease or permit for grazing; or
(ii) in the case of a lease or permit
vacated for a period of 3 or more years,
terminate the lease or permit.
(8) Water rights.--Nothing in this title--
(A) affects any use or allocation in existence on
the date of enactment of this Act of any water, water
right, or interest in water;
(B) affects any vested absolute or decreed
conditional water right in existence on the date of
enactment of this Act, including any water right held
by the United States;
(C) affects any interstate water compact in
existence on the date of enactment of this Act;
(D) authorizes or imposes any new reserved Federal
water right;
(E) shall be considered to be a relinquishment or
reduction of any water right reserved or appropriated
by the United States in the State on or before the date
of enactment of this Act; or
(F) constitutes an express or implied Federal
reservation of any water or water rights with respect
to the National Recreation area.
(9) Fishing easements.--
(A) In general.--Nothing in this title diminishes
or alters the fish and wildlife program for the
Aspinall Unit developed under section 8 of the Act of
April 11, 1956 (commonly known as the ``Colorado River
Storage Project Act'') (70 Stat. 110, chapter 203; 43
U.S.C. 620g), by the United States Fish and Wildlife
Service, the Bureau of Reclamation, and the Colorado
Division of Wildlife (including any successor in
interest to that division) that provides for the
acquisition of public access fishing easements as
mitigation for the Aspinall Unit (referred to in this
paragraph as the ``program'').
(B) Acquisition of fishing easements.--The
Secretary shall continue to fulfill the obligation of
the Secretary under the program to acquire 26 miles of
class 1 public fishing easements to provide to
sportsmen access for fishing within the Upper Gunnison
Basin upstream of the Aspinall Unit, subject to the
condition that no existing fishing access downstream of
the Aspinall Unit shall be counted toward the minimum
mileage requirement under the program.
(C) Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(i) develop a plan for fulfilling the
obligation of the Secretary described in
subparagraph (B); and
(ii) submit to Congress a report that--
(I) includes the plan developed
under clause (i); and
(II) describes any progress made in
the acquisition of public access
fishing easements as mitigation for the
Aspinall Unit under the program.
SEC. 21403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundary of the National Recreation
Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B), land
described in paragraph (1) may be acquired under this
subsection by--
(i) donation;
(ii) purchase from willing sellers with
donated or appropriated funds;
(iii) transfer from another Federal agency;
or
(iv) exchange.
(B) State land.--Land or interests in land owned by
the State or a political subdivision of the State may
only be acquired by purchase, donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction over
the approximately 2,560 acres of land identified on the
map as ``U.S. Forest Service proposed transfer to the
National Park Service'' is transferred to the
Secretary, to be administered by the Director of the
National Park Service as part of the National
Recreation Area.
(B) Boundary adjustment.--The boundary of the
Gunnison National Forest shall be adjusted to exclude
the land transferred to the Secretary under
subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 5,040 acres of land
identified on the map as ``Bureau of Land Management proposed
transfer to National Park Service'' is transferred from the
Director of the Bureau of Land Management to the Director of
the National Park Service, to be administered as part of the
National Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the land
identified on the map as ``Proposed for transfer to the Bureau
of Land Management, subject to the revocation of Bureau of
Reclamation withdrawal'' shall be transferred to the Director
of the Bureau of Land Management on relinquishment of the land
by the Bureau of Reclamation and revocation by the Bureau of
Land Management of any withdrawal as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation purposes of
the land identified on the map as ``Potential exchange lands''
shall be relinquished by the Commissioner of Reclamation and
revoked by the Director of the Bureau of Land Management and
the land shall be transferred to the National Park Service.
(2) Exchange; inclusion in national recreation area.--On
transfer of the land described in paragraph (1), the
transferred land--
(A) may be exchanged by the Secretary for private
land described in section 21402(c)(5)--
(i) subject to a conservation easement
remaining on the transferred land, to protect
the scenic resources of the transferred land;
and
(ii) in accordance with the laws (including
regulations) and policies governing National
Park Service land exchanges; and
(B) if not exchanged under subparagraph (A), shall
be added to, and managed as a part of, the National
Recreation Area.
(d) Addition to National Recreation Area.--Any land within the
boundary of the National Recreation Area that is acquired by the United
States shall be added to, and managed as a part of, the National
Recreation Area.
SEC. 21404. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are made
available to carry out this title, the Director of the National Park
Service, in consultation with the Commissioner of Reclamation, shall
prepare a general management plan for the National Recreation Area in
accordance with section 100502 of title 54, United States Code.
SEC. 21405. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National Park
Service) shall prepare a boundary survey and legal description of the
National Recreation Area.
Passed the House of Representatives July 21, 2020.
Attest:
Clerk.
116th CONGRESS
2d Session
H. R. 6395
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2021 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.