[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6395 Enrolled Bill (ENR)]
H.R.6395
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
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.
This Act may be cited as 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 eight 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--Anti-Money Laundering
(7) Division G--Elijah E. Cummings Coast Guard Authorization
Act of 2020
(8) Division H--Other Matters
(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.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Modifications to requirement for an interim cruise missile
defense capability.
Sec. 112. Report and limitations on acquisition of Integrated Visual
Augmentation System.
Sec. 113. Assessment of investment and sustainment for procurement of
cannon tubes.
Subtitle C--Navy Programs
Sec. 121. Limitation on alteration of the Navy fleet mix.
Sec. 122. Limitations on Navy medium and large unmanned surface vessels.
Sec. 123. Fighter force structure acquisition strategy.
Sec. 124. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 125. Land-based test program for the FFG(X) Frigate program.
Sec. 126. Treatment in future budgets of the President of systems added
by Congress.
Sec. 127. Extension of prohibition on availability of funds for Navy
waterborne security barriers.
Sec. 128. Report on strategy to use ALQ-249 Next Generation Jammer to
ensure full spectrum electromagnetic superiority.
Subtitle D--Air Force Programs
Sec. 131. Minimum operational squadron level.
Sec. 132. Modification of force structure objectives for bomber
aircraft.
Sec. 133. Minimum bomber aircraft force level.
Sec. 134. Required minimum inventory of tactical airlift aircraft.
Sec. 135. Inventory requirements for air refueling tanker aircraft.
Sec. 136. Authority to use F-35A fighter aircraft AT-1 through AT-6.
Sec. 137. F-35 aircraft gun system ammunition.
Sec. 138. Extension of limitation on availability of funds for
retirement of RC-135 aircraft.
Sec. 139. Modification to limitation on retirement of U-2 and RQ-4
aircraft.
Sec. 140. Modification of limitation on availability of funds for
retirement of E-8 JSTARS aircraft.
Sec. 141. Limitation on divestment of F-15C aircraft within the European
theater.
Sec. 142. Modernization plan for airborne intelligence, surveillance,
and reconnaissance.
Sec. 143. RC-26B manned intelligence, surveillance, and reconnaissance
aircraft.
Sec. 144. Prohibition on funding for Close Air Support Integration
Group.
Sec. 145. Required solution for KC-46 aircraft remote visual system
limitations.
Sec. 146. Analysis of moving target indicator requirements and Advanced
Battle Management System capabilities.
Sec. 147. Study on measures to assess cost-per-effect for key mission
areas.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy,
and Air Force.
Sec. 152. Transfer of responsibilities and functions relating to
electromagnetic spectrum operations.
Sec. 153. Cryptographic modernization schedules.
Sec. 154. Department of Defense participation in the Special Federal
Aviation Regulation Working Group.
Sec. 155. Integrated air and missile defense assessment.
Sec. 156. Joint strategy for air base defense against missile threats.
Sec. 157. Joint All Domain Command and Control requirements.
Sec. 158. Expansion of economic order quantity contracting authority for
F-35 aircraft program.
Sec. 159. Documentation relating to the F-35 aircraft program.
Sec. 160. F-35 aircraft munitions.
Sec. 161. Redesign strategy for the Autonomic Logistics Information
System for the F-35 fighter aircraft.
Sec. 162. Briefings on software regression testing for F-35 aircraft.
Sec. 163. Prohibition on use of funds for the Armed Overwatch Program.
Sec. 164. Acceleration of development and fielding of counter unmanned
aircraft systems across the joint force.
Sec. 165. Airborne intelligence, surveillance, and reconnaissance
acquisition roadmap for the United States Special Operations
Command.
Sec. 166. Prohibition on divestiture of manned intelligence,
surveillance, and reconnaissance aircraft operated by United
States Special Operations Command.
Sec. 167. Notification on efforts to replace inoperable ejection seat
aircraft locator beacons.
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 requirements relating to certain cooperative
research and development agreements.
Sec. 212. Disclosure requirements for recipients of Department of
Defense research and development funds.
Sec. 213. Modification of national security innovation activities and
pilot program on strengthening the defense industrial and
innovation base.
Sec. 214. Updates to Defense Quantum Information Science and Technology
Research and Development program.
Sec. 215. Establishment of Directed Energy Working Group.
Sec. 216. Extension of pilot program for the enhancement of the
research, development, test, and evaluation centers of the
Department of Defense.
Sec. 217. Designation of senior officials for critical technology areas
supportive of the National Defense Strategy.
Sec. 218. Executive agent for Autonomy.
Sec. 219. National security innovation partnerships.
Sec. 220. Social science, management science, and information science
research activities.
Sec. 221. Accountability measures relating to the Advanced Battle
Management System.
Sec. 222. Activities to improve fielding of Air Force hypersonic
capabilities.
Sec. 223. Disclosure of funding sources in applications for Federal
research and development awards.
Sec. 224. Governance of fifth-generation wireless networking in the
Department of Defense.
Sec. 225. Demonstration project on use of certain technologies for
fifth-generation wireless networking services.
Sec. 226. Research, development, and deployment of technologies to
support water sustainment.
Sec. 227. Limitation on contract awards for certain unmanned vessels.
Subtitle C--Artificial Intelligence and Emerging Technology
Sec. 231. Modification of biannual report on the Joint Artificial
Intelligence Center.
Sec. 232. Modification of joint artificial intelligence research,
development, and transition activities.
Sec. 233. Board of advisors for the Joint Artificial Intelligence
Center.
Sec. 234. Application of artificial intelligence to the defense reform
pillar of the National Defense Strategy.
Sec. 235. Acquisition of ethically and responsibly developed artificial
intelligence technology.
Sec. 236. Steering committee on emerging technology.
Subtitle D--Education and Workforce Development
Sec. 241. Measuring and incentivizing programming proficiency.
Sec. 242. Modification of Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program.
Sec. 243. Improvements to Technology and National Security Fellowship of
Department of Defense.
Sec. 244. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions.
Sec. 245. Encouragement of contractor science, technology, engineering,
and mathematics (STEM) programs.
Sec. 246. Training program for human resources personnel in best
practices for technical workforce.
Sec. 247. Pilot program on the use of electronic portfolios to evaluate
certain applicants for technical positions.
Sec. 248. Pilot program on self-directed training in advanced
technologies.
Sec. 249. Part-time and term employment of university faculty and
students in the Defense science and technology enterprise.
Sec. 250. National security workforce and educational diversity
activities.
Sec. 251. Coordination of scholarship and employment programs of the
Department of Defense.
Sec. 252. Study on mechanisms for attracting and retaining high quality
talent in the Department of Defense.
Subtitle E--Sustainable Chemistry
Sec. 261. National coordinating entity for sustainable chemistry.
Sec. 262. Strategic plan for sustainable chemistry.
Sec. 263. Agency activities in support of sustainable chemistry.
Sec. 264. Partnerships in sustainable chemistry.
Sec. 265. Prioritization.
Sec. 266. Rule of construction.
Sec. 267. Major multi-user research facility project.
Subtitle F--Plans, Reports, and Other Matters
Sec. 271. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 272. Modification to Test Resource Management Center strategic plan
reporting cycle and contents.
Sec. 273. Modification of requirements relating to energetics plan to
include assessment of feasibility and advisability of
establishing a program office for energetics.
Sec. 274. Element in annual reports on cyber science and technology
activities on work with academic consortia on high priority
cybersecurity research activities in Department of Defense
capabilities.
Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting
Vehicle program.
Sec. 276. Microelectronics and national security.
Sec. 277. Independent evaluation of personal protective and diagnostic
testing equipment.
Sec. 278. Assessment on United States national security emerging
biotechnology efforts and capabilities and comparison with
adversaries.
Sec. 279. Annual reports regarding the SBIR program of the Department of
Defense.
Sec. 280. Reports on F-35 physiological episodes and mitigation efforts.
Sec. 281. Review and report on next generation air dominance
capabilities.
Sec. 282. Plan for operational test and utility evaluation of systems
for Low-Cost Attributable Aircraft Technology program.
Sec. 283. Independent comparative analysis of efforts by China and the
United States to recruit and retain researchers in national
security-related and defense-related fields.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.
Sec. 312. Readiness and Environmental Protection Integration Program.
Sec. 313. Extension of real-time sound monitoring at Navy installations
where tactical fighter aircraft operate.
Sec. 314. Modification of authority for environmental restoration
projects of National Guard.
Sec. 315. Modification of authority to carry out military installation
resilience projects.
Sec. 316. Energy resilience and energy security measures on military
installations.
Sec. 317. Modification to availability of energy cost savings for
Department of Defense.
Sec. 318. Increased transparency through reporting on usage and spills
of aqueous film-forming foam at military installations.
Sec. 319. Native American lands environmental mitigation program.
Sec. 320. Study on alternatives to address impacts of transboundary
flows, spills, or discharges of pollution or debris from the
Tijuana River on personnel, activities, and installations of
Department of Defense.
Sec. 321. Pilot program on alternative fuel vehicle purchasing.
Sec. 322. Budgeting of Department of Defense relating to operational
energy improvement.
Sec. 323. Assessment of Department of Defense operational energy usage.
Sec. 324. Improvement of the Operational Energy Capability Improvement
Fund of the Department of Defense.
Sec. 325. Five-year reviews of containment technologies relating to Red
Hill Bulk Fuel Storage Facility.
Sec. 326. Limitation on use of funds for acquisition of furnished energy
for Rhine Ordnance Barracks Army Medical Center.
Sec. 327. Requirement to update Department of Defense adaptation
roadmap.
Sec. 328. Department of Defense report on greenhouse gas emissions
levels.
Sec. 329. Objectives, performance standards, and criteria for use of
wildlife conservation banking programs.
Sec. 330. Prizes for development of non-PFAS-containing fire-fighting
agent.
Sec. 331. Survey of technologies for Department of Defense application
in phasing out the use of fluorinated aqueous film-forming
foam.
Sec. 332. Interagency body on research related to per- and
polyfluoroalkyl substances.
Sec. 333. Restriction on Department of Defense procurement of certain
items containing perfluorooctane sulfonate or
perfluorooctanoic acid.
Sec. 334. Research and development of alternative to aqueous film-
forming foam.
Sec. 335. Notification to agricultural operations located in areas
exposed to Department of Defense PFAS use.
Sec. 336. Reporting on energy savings performance contracts.
Sec. 337. Increase in funding for Centers for Disease Control Study on
health implications of per- and polyfluoroalkyl substances
contamination in drinking water.
Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 339. Assessment of Department of Defense excess property programs
with respect to need and wildfire risk.
Subtitle C--Logistics and Sustainment
Sec. 341. National Defense Sustainment and Logistics Review.
Sec. 342. Repeal of sunset for minimum annual purchase amount for
carriers participating in the Civil Reserve Air Fleet.
Sec. 343. Additional elements for inclusion in Navy ship depot
maintenance budget report.
Sec. 344. Clarification of limitation on length of overseas forward
deployment of currently deployed naval vessels.
Sec. 345. Independent advisory panel on weapon system sustainment.
Sec. 346. Biannual briefings on status of Shipyard Infrastructure
Optimization Plan.
Sec. 347. Materiel readiness metrics and objectives for major weapon
systems.
Sec. 348. Repeal of statutory requirement for notification to Director
of Defense Logistics Agency three years prior to implementing
changes to any uniform or uniform component.
Subtitle D--Munitions Safety and Oversight
Sec. 351. Chair of Department of Defense explosive safety board.
Sec. 352. Explosive Ordnance Disposal Defense Program.
Sec. 353. Assessment of resilience of Department of Defense munitions
enterprise.
Sec. 354. Report on safety waivers and mishaps in Department of Defense
munitions enterprise.
Subtitle E--Other Matters
Sec. 361. Pilot program for temporary issuance of maternity-related
uniform items.
Sec. 362. Servicewomen's Commemorative Partnerships.
Sec. 363. Biodefense analysis and budget submission.
Sec. 364. Update of National Biodefense Implementation Plan.
Sec. 365. Plans and reports on emergency response training for military
installations.
Sec. 366. Inapplicability of congressional notification and dollar
limitation requirements for advance billings for certain
background investigations.
Sec. 367. Adjustment in availability of appropriations for unusual cost
overruns and for changes in scope of work.
Sec. 368. Requirement that Secretary of Defense implement security and
emergency response recommendations relating to active shooter
or terrorist attacks on installations of Department of
Defense.
Sec. 369. Clarification of food ingredient requirements for food or
beverages provided by the Department of Defense.
Sec. 370. Commission on the naming of items of the Department of Defense
that commemorate the Confederate States of America or any
person who served voluntarily with the Confederate States of
America.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions to 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.
Sec. 415. Separate authorization by Congress of minimum end strengths
for non-temporary military technicians (dual status) and end
strengths for temporary military technicians (dual status).
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths of general and flag officers on active
duty.
Sec. 502. Temporary expansion of availability of enhanced constructive
service credit in a particular career field upon original
appointment as a commissioned officer.
Sec. 503. Diversity in selection boards.
Sec. 504. Requirement for promotion selection board recommendation of
higher placement on promotion list of officers of particular
merit.
Sec. 505. Special selection review boards for review of promotion of
officers subject to adverse information identified after
recommendation for promotion and related matters.
Sec. 506. Number of opportunities for consideration for promotion under
alternative promotion authority.
Sec. 507. Mandatory retirement for age.
Sec. 508. Clarifying and improving restatement of rules on the retired
grade of commissioned officers.
Sec. 509. Repeal of authority for original appointment of regular Navy
officers designated for engineering duty, aeronautical
engineering duty, and special duty.
Sec. 509A. Permanent programs on direct commissions to cyber positions.
Sec. 509B. Review of Seaman to Admiral-21 program.
Subtitle B--Reserve Component Management
Sec. 511. Temporary authority to order retired members to active duty in
high-demand, low-density assignments during war or national
emergency.
Sec. 512. Expansion of Junior Reserve Officers' Training Corps Program.
Sec. 513. Grants to support STEM education in the Junior Reserve
Officers' Training Corps.
Sec. 514. Permanent suicide prevention and resilience program for the
reserve components.
Sec. 515. Modification of education loan repayment program for members
of Selected Reserve.
Sec. 516. Inclusion of drill or training foregone due to emergency
travel or duty restrictions in computations of entitlement to
and amounts of retired pay for non-regular service.
Sec. 517. Quarantine lodging for members of the reserve components who
perform certain service in response to the COVID-19 emergency.
Sec. 518. Direct employment pilot program for certain members of the
reserve components.
Sec. 519. Pilot programs authorized in connection with SROTC units and
CSPI programs at Historically Black Colleges and Universities
and minority institutions.
Sec. 519A. Report regarding full-time National Guard duty in response to
the COVID-19 pandemic.
Sec. 519B. Study and report on National Guard support to States
responding to major disasters.
Sec. 519C. Report on guidance for use of unmanned aircraft systems by
the National Guard.
Sec. 519D. Study and report on ROTC recruitment.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Increased access to potential recruits.
Sec. 522. Sunset and transfer of functions of the Physical Disability
Board of Review.
Sec. 523. Honorary promotion matters.
Sec. 524. Exclusion of official photographs of members from records
furnished to promotion selection boards.
Sec. 525. Report regarding reviews of discharges and dismissals based on
sexual orientation.
Subtitle D--Prevention and Response To Sexual Assault, Harassment, and
Related Misconduct
Sec. 531. Modification of time required for expedited decisions in
connection with applications for change of station or unit
transfer of members who are victims of sexual assault or
related offenses.
Sec. 532. Confidential reporting of sexual harassment.
Sec. 533. Additional bases for provision of advice by the Defense
Advisory Committee for the Prevention of Sexual Misconduct.
Sec. 534. Additional matters for 2021 report of the Defense Advisory
Committee for the Prevention of Sexual Misconduct.
Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among
duties of Defense Advisory Committee for the Prevention of
Sexual Misconduct.
Sec. 536. Modification of reporting and data collection on victims of
sexual offenses.
Sec. 537. Modification of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 538. Coordination of support for survivors of sexual trauma.
Sec. 539. Policy for military service academies on separation of alleged
victims and alleged perpetrators in incidents of sexual
assault.
Sec. 539A. Safe-to-report policy applicable across the Armed Forces.
Sec. 539B. Accountability of leadership of the Department of Defense for
discharging the sexual harassment policies and programs of the
Department.
Sec. 539C. Reports on status of investigations of alleged sex-related
offenses.
Sec. 539D. Report on ability of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim Advocates to
perform duties.
Sec. 539E. Briefing on Special Victims' Counsel program.
Sec. 539F. Briefing on placement of members of the Armed Forces in
academic status who are victims of sexual assault onto Non-
Rated Periods.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Right to notice of victims of offenses under the Uniform Code
of Military Justice regarding certain post-trial motions,
filings, and hearings.
Sec. 542. Qualifications of judges and standard of review for Courts of
Criminal Appeals.
Sec. 543. Preservation of court-martial records.
Sec. 544. Availability of records for National Instant Criminal
Background Check System.
Sec. 545. Removal of personally identifying and other information of
certain persons from investigative reports, the Department of
Defense Central Index of Investigations, and other records and
databases.
Sec. 546. Briefing on mental health support for vicarious trauma for
certain personnel in the military justice system.
Sec. 547. Comptroller General of the United States report on
implementation by the Armed Forces of recent GAO
recommendations and statutory requirements on assessment of
racial, ethnic, and gender disparities in the military justice
system.
Sec. 548. Legal assistance for veterans and surviving spouses and
dependents.
Sec. 549. 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. 549A. Multidisciplinary board to evaluate suicide events.
Sec. 549B. Improvements to Department of Defense tracking of and
response to incidents of child abuse, adult crimes against
children, and serious harmful behavior between children and
youth involving military dependents on military installations.
Sec. 549C. Independent analysis and recommendations on domestic violence
in the Armed Forces.
Subtitle F--Diversity and Inclusion
Sec. 551. Diversity and inclusion reporting requirements and related
matters.
Sec. 552. National emergency exception for timing requirements with
respect to certain surveys of members of the Armed Forces.
Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in
workplace surveys administered by the Secretary of Defense.
Sec. 554. Inspector General oversight of diversity and inclusion in
Department of Defense; supremacist, extremist, or criminal
gang activity in the Armed Forces.
Sec. 555. Policy to improve responses to pregnancy and childbirth by
certain members of the Armed Forces.
Sec. 556. Training on certain Department of Defense instructions for
members of the Armed Forces.
Sec. 557. Evaluation of barriers to minority participation in certain
units of the Armed Forces.
Sec. 558. Comptroller General of the United States report on equal
opportunity at the military service academies.
Subtitle G--Decorations and Awards
Sec. 561. Extension of time to review World War I Valor Medals.
Sec. 562. Authorizations for certain awards.
Sec. 563. Feasibility study on establishment of service medal for
radiation-exposed veterans.
Sec. 564. Expressing support for the designation of Silver Star Service
Banner Day.
Subtitle H--Member Education, Training, Transition, and Resilience
Sec. 571. Mentorship and career counseling program for officers to
improve diversity in military leadership.
Sec. 572. Expansion of Skillbridge program to include the Coast Guard.
Sec. 573. Increase in number of permanent professors at the United
States Air Force Academy.
Sec. 574. Additional elements with 2021 and 2022 certifications on the
Ready, Relevant Learning initiative of the Navy.
Sec. 575. Information on nominations and applications for military
service academies.
Sec. 576. Report on potential improvements to certain military
educational institutions of the Department of Defense.
Sec. 577. College of International Security Affairs of the National
Defense University.
Sec. 578. Improvements to the Credentialing Opportunities On-Line
programs of the Armed Forces.
Sec. 579. GAO study regarding transferability of military certifications
to civilian occupational licenses and certifications.
Sec. 579A. Report regarding county, Tribal, and local veterans service
officers.
Subtitle I--Military Family Readiness and Dependents' Education
Sec. 581. Family readiness: definitions; communication strategy; review;
report.
Sec. 582. Improvements to Exceptional Family Member Program.
Sec. 583. Support services for members of special operations forces and
immediate family members.
Sec. 584. Responsibility for allocation of certain funds for military
child development programs.
Sec. 585. Military child care and child development center matters.
Sec. 586. Expansion of financial assistance under My Career Advancement
Account program.
Sec. 587. Improvements to partner criteria of the Military Spouse
Employment Partnership Program.
Sec. 588. 24-hour child care.
Sec. 589. Pilot program to provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 589A. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 589B. Staffing of Department of Defense Education Activity schools
to maintain maximum student-to-teacher ratios.
Sec. 589C. Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary schools.
Sec. 589D. Pilot program on expanded eligibility for Department of
Defense Education Activity Virtual High School program.
Sec. 589E. Training program regarding foreign malign influence
campaigns.
Sec. 589F. Study on cyberexploitation and online deception of members of
the Armed Forces and their families.
Sec. 589G. Matters relating to education for military dependent students
with special needs.
Sec. 589H. Studies and reports on the performance of the Department of
Defense Education Activity.
Subtitle J--Other Matters and Reports
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. Postponement of conditional designation of Explosive Ordnance
Disposal Corps as a basic branch of the Army.
Sec. 594. Armed Services Vocational Aptitude Battery Test special
purpose adjunct to address computational thinking.
Sec. 595. Extension of reporting deadline for the annual report on the
assessment of the effectiveness of activities of the Federal
Voting Assistance Program.
Sec. 596. Plan on performance of funeral honors details by members of
other Armed Forces when members of the Armed Force of the
deceased are unavailable.
Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on
members of the Armed Forces and best practices to prevent
future financial hardships.
Sec. 598. Limitation on implementation of Army Combat Fitness Test.
Sec. 599. Semiannual reports on implementation of recommendations of the
Comprehensive Review of Special Operations Forces Culture and
Ethics.
Sec. 599A. Report on impact of children of certain Filipino World War II
veterans on national security, foreign policy, and economic
and humanitarian interests of the United States.
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay.
Sec. 602. Compensation and credit for retired pay purposes for maternity
leave taken by members of the reserve components.
Sec. 603. Provision of information regarding SCRA to members who receive
basic allowance for housing.
Sec. 604. Reorganization of certain allowances other than travel and
transportation allowances.
Sec. 605. Expansion of travel and transportation allowances to include
fares and tolls.
Sec. 606. One-time uniform allowance for officers who transfer to the
Space Force.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Increase in special and incentive pays for officers in health
professions.
Sec. 613. Increase in certain hazardous duty incentive pay for members
of the uniformed services.
Sec. 614. Payment of hazardous duty incentive pay for members of the
uniformed services.
Sec. 615. Clarification of 30 days of continuous duty on board a ship
required for family separation allowance for members of the
uniformed services.
Subtitle C--Disability Pay, Retired Pay, and Family and Survivor
Benefits
Sec. 621. Modernization and clarification of payment of certain Reserves
while on duty.
Sec. 622. Restatement and clarification of authority to reimburse
members for spouse relicensing costs pursuant to a permanent
change of station.
Sec. 623. Expansion of death gratuity for ROTC graduates.
Sec. 624. Expansion of assistance for Gold Star spouses and other
dependents.
Sec. 625. Gold Star Families Parks Pass.
Sec. 626. Recalculation of financial assistance for providers of child
care services and youth program services for dependents.
Sec. 627. Priority for certain military family housing to a member of
the Armed Forces whose spouse agrees to provide family home
day care services.
Sec. 628. Study on feasibility and advisability of TSP contributions by
military spouses.
Sec. 629. Report on implications of 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. 629A. Report on extension of commissary and exchange benefits for
surviving remarried spouses with dependent children of members
of the Armed Forces who die 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 Rights and Benefits
Sec. 641. Approval of certain activities by retired and reserve members
of the uniformed services.
Sec. 642. Permanent authority for and enhancement of the Government
lodging program.
Sec. 643. Operation of Stars and Stripes.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvement to breast cancer screening.
Sec. 702. Waiver of fees charged to certain civilians for emergency
medical treatment provided at military medical treatment
facilities.
Sec. 703. Authority for Secretary of Defense to manage provider type
referral and supervision requirements under TRICARE program.
Sec. 704. Expansion of benefits available under TRICARE Extended Care
Health Option program.
Sec. 705. Sale of hearing aids for dependents of certain members of the
reserve components.
Sec. 706. Pilot program on receipt of non-generic prescription
maintenance medications under TRICARE pharmacy benefits
program.
Subtitle B--Health Care Administration
Sec. 711. Repeal of administration of TRICARE dental plans through
Federal Employees Dental and Vision Insurance Program.
Sec. 712. Protection of the Armed Forces from infectious diseases.
Sec. 713. Inclusion of drugs, biological products, and critical medical
supplies in national security strategy for national technology
and industrial base.
Sec. 714. Contract authority of the Uniformed Services University of the
Health Sciences.
Sec. 715. Membership of Board of Regents of Uniformed Services
University of the Health Sciences.
Sec. 716. Temporary exemption for Uniformed Services University of the
Health Sciences from certain Paperwork Reduction Act
requirements.
Sec. 717. Modification to limitation on the realignment or reduction of
military medical manning end strength.
Sec. 718. Modifications to implementation plan for restructure or
realignment of military medical treatment facilities.
Sec. 719. Policy to address prescription opioid safety.
Sec. 720. Addition of burn pit registration and other information to
electronic health records of members of the Armed Forces.
Sec. 721. Inclusion of information on exposure to open burn pits in
postdeployment health reassessments.
Subtitle C--Matters Relating to COVID-19
Sec. 731. COVID-19 military health system review panel.
Sec. 732. Department of Defense pandemic preparedness.
Sec. 733. Transitional health benefits for certain members of the
National Guard serving under orders in response to the
coronavirus (COVID-19).
Sec. 734. Registry of certain TRICARE beneficiaries diagnosed with
COVID-19.
Sec. 735. Health assessments of veterans diagnosed with pandemic
diseases to determine exposure to open burn pits and toxic
airborne chemicals.
Sec. 736. Comptroller General study on delivery of mental health
services to members of the Armed Forces during the COVID-19
pandemic.
Subtitle D--Reports and Other Matters
Sec. 741. Modifications to pilot program on civilian and military
partnerships to enhance interoperability and medical surge
capability and capacity of National Disaster Medical System.
Sec. 742. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the Department
of Defense.
Sec. 743. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 744. Military Health System Clinical Quality Management Program.
Sec. 745. Wounded Warrior Service Dog Program.
Sec. 746. Extramedical maternal health providers demonstration project.
Sec. 747. Briefing on diet and nutrition of members of the Armed Forces.
Sec. 748. Audit of medical conditions of residents in privatized
military housing.
Sec. 749. Assessment of receipt by civilians of emergency medical
treatment at military medical treatment facilities.
Sec. 750. Study on the incidence of cancer diagnosis and mortality among
military aviators and aviation support personnel.
Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air
Base, Uzbekistan.
Sec. 752. Review and report on prevention of suicide among members of
the Armed Forces stationed at remote installations outside the
contiguous United States.
Sec. 753. Study on medevac helicopters and ambulances at certain
military installations.
Sec. 754. Comptroller General study on prenatal and postpartum mental
health conditions among members of the Armed Forces and their
dependents.
Sec. 755. Report on lapses in TRICARE coverage for members of the
National Guard and reserve components.
Sec. 756. Study and report on increasing telehealth services across
Armed Forces.
Sec. 757. Study on force mix options and service models to enhance
readiness of medical force of the Armed Forces.
Sec. 758. Report on billing practices for health care from Department of
Defense.
Subtitle E--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components
Sec. 761. Short title.
Sec. 762. 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. 763. Provision of mental health services from Department of
Veterans Affairs to members of reserve components of the Armed
Forces.
Sec. 764. Inclusion of members of reserve components in mental health
programs of Department of Veterans Affairs.
Sec. 765. Report on mental health and related services provided by
Department of Veterans Affairs to members of the Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Report on acquisition risk assessment and mitigation as part
of Adaptive Acquisition Framework implementation.
Sec. 802. Improving planning, execution, and oversight of life cycle
sustainment activities.
Sec. 803. Disclosures for offerors for certain shipbuilding major
defense acquisition program contracts.
Sec. 804. Implementation of modular open systems approaches.
Sec. 805. Congressional notification of termination of a middle tier
acquisition program.
Sec. 806. Definition of material weakness for contractor business
systems.
Sec. 807. Space system acquisition and the adaptive acquisition
framework.
Sec. 808. Acquisition authority of the Director of the Joint Artificial
Intelligence Center.
Sec. 809. Assessments of the process for developing capability
requirements for Department of Defense acquisition programs.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Sustainment reform for the Department of Defense.
Sec. 812. Inclusion of software in Government performance of acquisition
functions.
Sec. 813. Modifications to Comptroller General assessment of acquisition
programs and related initiatives.
Sec. 814. Cost or pricing data reporting requirements for Department of
Defense contracts.
Sec. 815. Prompt payment of contractors.
Sec. 816. Documentation pertaining to commercial item determinations.
Sec. 817. Modification to small purchase threshold exception to sourcing
requirements for certain articles.
Sec. 818. Repeal of program for qualified apprentices for military
construction contracts.
Sec. 819. Modifications to mitigating risks related to foreign
ownership, control, or influence of Department of Defense
contractors and subcontractors.
Sec. 820. Contract closeout authority for services contracts.
Sec. 821. Revision of proof required when using an evaluation factor for
employing or subcontracting with members of the Selected
Reserve.
Subtitle C--Provisions Relating to Software and Technology
Sec. 831. Contract authority for development and demonstration of
initial or additional prototype units.
Sec. 832. Extension of pilot program for streamlined awards for
innovative technology programs.
Sec. 833. Listing of other transaction authority consortia.
Sec. 834. Pilot program on the use of consumption-based solutions to
address software-intensive warfighting capability.
Sec. 835. Balancing security and innovation in software development and
acquisition.
Sec. 836. Digital modernization of analytical and decision-support
processes for managing and overseeing Department of Defense
acquisition programs.
Sec. 837. Safeguarding defense-sensitive United States intellectual
property, technology, and other data and information.
Sec. 838. Comptroller General report on implementation of software
acquisition reforms.
Sec. 839. Comptroller General report on intellectual property
acquisition and licensing.
Subtitle D--Industrial Base Matters
Sec. 841. Additional requirements pertaining to printed circuit boards.
Sec. 842. Report on nonavailability determinations and quarterly
national technology and industrial base briefings.
Sec. 843. Modification of framework for modernizing acquisition
processes to ensure integrity of industrial base and inclusion
of optical transmission components.
Sec. 844. Expansion on the prohibition on acquiring certain metal
products.
Sec. 845. Miscellaneous limitations on the procurement of goods other
than United States goods.
Sec. 846. Improving implementation of policy pertaining to the national
technology and industrial base.
Sec. 847. Report and limitation on the availability of funds relating to
eliminating the gaps and vulnerabilities in the national
technology and industrial base.
Sec. 848. Supply of strategic and critical materials for the Department
of Defense.
Sec. 849. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 850. Implementation of recommendations for assessing and
strengthening the manufacturing and defense industrial base
and supply chain resiliency.
Sec. 851. Report on strategic and critical materials.
Sec. 852. Report on aluminum refining, processing, and manufacturing.
Subtitle E--Small Business Matters
Sec. 861. Initiatives to support small businesses in the national
technology and industrial base.
Sec. 862. Transfer of verification of small business concerns owned and
controlled by veterans or service-disabled veterans to the
Small Business Administration.
Sec. 863. Employment size standard requirements for small business
concerns.
Sec. 864. Maximum award price for sole source manufacturing contracts.
Sec. 865. Reporting requirement on expenditure amounts for the Small
Business Innovation Research Program and the Small Business
Technology Transfer Program.
Sec. 866. Small businesses in territories of the United States.
Sec. 867. Eligibility of the Commonwealth of the Northern Mariana
Islands for certain Small Business Administration programs.
Sec. 868. Past performance ratings of certain small business concerns.
Sec. 869. Extension of participation in 8(a) program.
Sec. 870. Compliance of Offices of Small Business and Disadvantaged
Business Utilization.
Sec. 871. Category management training.
Subtitle F--Other Matters
Sec. 881. Review of and report on overdue acquisition and cross-
servicing agreement transactions.
Sec. 882. Domestic comparative testing activities.
Sec. 883. Prohibition on awarding of contracts to contractors that
require nondisclosure agreements relating to waste, fraud, or
abuse.
Sec. 884. Program management improvement officers and program management
policy council.
Sec. 885. Disclosure of beneficial owners in database for Federal agency
contract and grant officers.
Sec. 886. Repeal of pilot program on payment of costs for denied
Government Accountability Office bid protests.
Sec. 887. Amendments to submissions to Congress relating to certain
foreign military sales.
Sec. 888. Revision to requirement to use firm fixed-price contracts for
foreign military sales.
Sec. 889. Assessment and enhancement of national security innovation
base.
Sec. 890. Identification of certain contracts relating to construction
or maintenance of a border wall.
Sec. 891. Waivers of certain conditions for progress payments under
certain contracts during the COVID-19 national emergency.
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 of the
Department of Defense.
Sec. 902. Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and related matters.
Sec. 903. Assistant Secretary of Defense for Industrial Base Policy.
Sec. 904. Assistant Secretary of Defense for Energy, Installations, and
Environment.
Sec. 905. Office of Local Defense Community Cooperation.
Sec. 906. Input from the Vice Chief of the National Guard Bureau to the
Joint Requirements Oversight Council.
Sec. 907. Assignment of responsibility for the Arctic region within the
Office of the Secretary of Defense.
Sec. 908. Modernization of process used by the Department of Defense to
identify, task, and manage Congressional reporting
requirements.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Reform of the Department of Defense.
Sec. 912. Limitation on reduction of civilian workforce.
Sec. 913. Chief Diversity Officer and Senior Advisors for Diversity and
Inclusion.
Sec. 914. Limitation on consolidation or transition to alternative
content delivery methods within the Defense Media Activity.
Subtitle C--Space Force Matters
Sec. 921. Office of the Chief of Space Operations.
Sec. 922. Clarification of Space Force and Chief of Space Operations
authorities.
Sec. 923. Amendments to Department of the Air Force provisions in title
10, United States Code.
Sec. 924. Amendments to other provisions of title 10, United States
Code.
Sec. 925. Amendments to provisions of law relating to pay and
allowances.
Sec. 926. Amendments to provisions of law relating to veterans'
benefits.
Sec. 927. Amendments to other provisions of the United States Code and
other laws.
Sec. 928. Applicability to other provisions of law.
Sec. 929. Temporary exemption from authorized daily average of members
in pay grades E-8 and E-9.
Sec. 930. Limitation on transfer of military installations to the
jurisdiction of the Space Force.
Sec. 931. Organization of the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budget materials for special operations forces.
Sec. 1003. Application of Financial Improvement and Audit Remediation
Plan to fiscal years following fiscal year 2020.
Sec. 1004. Incentives for the achievement by the components of the
Department of Defense of unqualified audit opinions on the
financial statements.
Sec. 1005. Audit readiness and remediation.
Sec. 1006. Addition of Chief of the National Guard Bureau to the list of
officers providing reports of unfunded priorities.
Subtitle B--Counterdrug Activities
Sec. 1011. Quarterly reports on 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 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. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1027. Modification of waiver authority on prohibition on use of
funds for retirement of certain legacy maritime mine
countermeasure platforms.
Sec. 1028. Extension of authority for reimbursement of expenses for
certain Navy mess operations afloat.
Sec. 1029. Working group on stabilization of Navy shipbuilding
industrial base workforce.
Sec. 1030. Limitation on naval force structure changes.
Subtitle D--Counterterrorism
Sec. 1041. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1042. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1043. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1044. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1051. Support of special operations to combat terrorism.
Sec. 1052. Expenditure of funds for Department of Defense clandestine
activities that support operational preparation of the
environment.
Sec. 1053. Sale or donation of excess Department of Defense personal
property for law enforcement activities.
Sec. 1054. Prohibition on retirement of nuclear powered aircraft
carriers before first refueling.
Sec. 1055. Reauthorization of National Oceanographic Partnership
Program.
Sec. 1056. Modification and technical correction to Department of
Defense authority to provide assistance along the southern
land border of the United States.
Sec. 1057. Limitation on use of funds for retirement of A-10 aircraft.
Sec. 1058. Considerations relating to permanently basing United States
equipment or additional forces in host countries with at-risk
vendors in 5G or 6G networks.
Sec. 1059. Public availability of Department of Defense legislative
proposals.
Sec. 1060. Arctic planning, research, and development.
Sec. 1061. Authority to establish a movement coordination center pacific
in the Indo-Pacific region.
Sec. 1062. Limitation on provision of funds to institutions of higher
education hosting Confucius Institutes.
Sec. 1063. Support for national maritime heritage grants program.
Sec. 1064. Requirements for use of Federal law enforcement personnel,
active duty members of the Armed Forces, and National Guard
personnel in support of Federal authorities to respond to
civil disturbances.
Subtitle F--Studies and Reports
Sec. 1071. FFRDC study of explosive ordnance disposal agencies.
Sec. 1072. Study on force structure for Marine Corps aviation.
Sec. 1073. Report on joint training range exercises for the Pacific
region.
Sec. 1074. Reports on threats to United States forces from small
unmanned aircraft systems worldwide.
Sec. 1075. Under Secretary of Defense (Comptroller) reports on improving
the budget justification and related materials of the
Department of Defense.
Sec. 1076. Quarterly briefings on Joint All Domain Command and Control
effort.
Sec. 1077. Report on civilian casualty resourcing and authorities.
Sec. 1078. Comptroller General Review of Department of Defense efforts
to prevent resale of goods manufactured by forced labor in
commissaries and exchanges.
Sec. 1079. Comptroller General report on Department of Defense processes
for responding to congressional reporting requirements.
Subtitle G--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Reporting of adverse events relating to consumer products on
military installations.
Sec. 1083. Modification to First Division monument.
Sec. 1084. Sense of Congress regarding reporting of civilian casualties
resulting from United States military operations.
Sec. 1085. Deployment of real-time status of special use airspace.
Sec. 1086. Duties of Secretary under uniformed and overseas citizens
absentee voting act.
Sec. 1087. Mitigation of military helicopter noise.
Sec. 1088. Congressional expression of support for designation of
National Borinqueneers Day.
Sec. 1089. Ted Stevens Center for Arctic Security Studies.
Sec. 1090. Establishment of vetting procedures and monitoring
requirements for certain military training.
Sec. 1091. Personal protective equipment matters.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Department of Defense policy on unclassified workspaces and
job functions of personnel with pending security clearances.
Sec. 1102. Enhancement of public-private talent exchange programs in the
Department of Defense.
Sec. 1103. Paid parental leave technical corrections.
Sec. 1104. Authority to provide travel and transportation allowances in
connection with transfer ceremonies of certain civilian
employees who die overseas.
Sec. 1105. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1107. Civilian faculty at the Defense Security Cooperation
University and Institute of Security Governance.
Sec. 1108. Temporary authority to appoint retired members of the Armed
Forces to positions in the Department of Defense.
Sec. 1109. Fire fighters alternative work schedule demonstration project
for the Navy Region Mid-Atlantic Fire and Emergency Services.
Sec. 1110. Special rules for certain monthly workers' compensation
payments and other payments for Federal Government personnel
under chief of mission authority.
Sec. 1111. Temporary increase in limitation on accumulation of annual
leave for Executive branch employees.
Sec. 1112. Telework travel expenses program of the United States Patent
and Trademark Office.
Sec. 1113. 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. 1114. Enhanced pay authority for certain acquisition and technology
positions in the Department of Defense.
Sec. 1115. Enhanced pay authority for certain research and technology
positions in the science and technology reinvention
laboratories of the Department of Defense.
Sec. 1116. Extension of enhanced appointment and compensation authority
for civilian personnel for care and treatment of wounded and
injured members of the armed forces.
Sec. 1117. Expansion of direct hire authority for certain Department of
Defense personnel to include installation military housing
office positions supervising privatized military housing.
Sec. 1118. Extension of sunset of inapplicability of certification of
executive qualifications by qualification certification review
board of office of personnel management for initial
appointments to senior executive service positions in
department of defense.
Sec. 1119. Pilot program on enhanced pay authority for certain high-
level management positions in the Department of Defense.
Sec. 1120. Recruitment incentives for placement at remote locations.
Sec. 1121. Technical amendments regarding reimbursement of Federal,
State, and local income taxes incurred during travel,
transportation, and relocation.
Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020
Sec. 1131. Short title.
Sec. 1132. Sense of Congress.
Sec. 1133. Notification of violation.
Sec. 1134. Reporting requirements.
Sec. 1135. Data to be posted by employing Federal agencies.
Sec. 1136. Data to be posted by the Equal Employment Opportunity
Commission.
Sec. 1137. Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 amendments.
Sec. 1138. Nondisclosure agreement limitation.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to build capacity for additional operations.
Sec. 1202. Participation in European program on multilateral exchange of
surface transportation services.
Sec. 1203. Participation in programs relating to coordination or
exchange of air refueling and air transportation services.
Sec. 1204. Reciprocal patient movement agreements.
Sec. 1205. Modification to the Inter-European Air Forces Academy.
Sec. 1206. Modification of authority for participation in multinational
centers of excellence.
Sec. 1207. Modification and extension of support of special operations
for irregular warfare.
Sec. 1208. Extension of authority to transfer excess high mobility
multipurpose wheeled vehicles to foreign countries.
Sec. 1209. Modification and extension of update of Department of Defense
Freedom of Navigation Report.
Sec. 1210. Extension and modification of authority to support border
security operations of certain foreign countries.
Sec. 1210A. Extension of Department of Defense support for stabilization
activities in national security interest of the United States.
Sec. 1210B. Extension of report on workforce development.
Sec. 1210C. Plan to increase participation in international military
education and training programs.
Sec. 1210D. Mitigation and prevention of atrocities in high-risk
countries.
Sec. 1210E. Implementation of the Women, Peace, and Security Act of
2017.
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. Extension and modification of support for reconciliation
activities led by the Government of Afghanistan.
Sec. 1214. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1215. Limitation on use of funds to reduce deployment to
Afghanistan.
Sec. 1216. Modifications to immunity from seizure under judicial process
of cultural objects.
Sec. 1217. Congressional oversight of United States talks with Taliban
officials and Afghanistan's comprehensive peace process.
Sec. 1218. Strategy for post-conflict engagement on human rights in
Afghanistan.
Sec. 1219. Modification to report on enhancing security and stability in
Afghanistan.
Sec. 1220. Report on Operation Freedom's Sentinel.
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 and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1223. Extension and modification 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. Report and budget details regarding Operation Spartan Shield.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Matters relating to United States participation in the Open
Skies Treaty.
Sec. 1233. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1234. Annual report on military and security developments involving
the Russian Federation.
Sec. 1235. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1236. Report on capability and capacity requirements of military
forces of Ukraine and resource plan for security assistance.
Sec. 1237. Report on Russian Federation support of racially and
ethnically motivated violent extremists.
Sec. 1238. Authorization of rewards for providing information on foreign
election interference.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1241. Determination and imposition of sanctions with respect to
Turkey's acquisition of the S-400 air defense system.
Sec. 1242. Clarification and expansion of sanctions relating to
construction of Nord Stream 2 or TurkStream pipeline projects.
Sec. 1243. Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1244. Sense of Congress on support for the North Atlantic Treaty
Organization.
Sec. 1245. Limitation on United States force structure reductions in
Germany.
Sec. 1246. Report on United States military force posture in
Southeastern Europe.
Sec. 1247. Sense of Congress on support for coordinated action to ensure
the security of Baltic allies.
Sec. 1248. Sense of Congress on the role of the Kosovo Force of the
North Atlantic Treaty Organization.
Subtitle F--Matters Relating to the Indo-Pacific Region
Sec. 1251. Pacific Deterrence Initiative.
Sec. 1252. Extension and modification of prohibition on commercial
export of certain covered munitions items to the Hong Kong
Police Force.
Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1254. Cooperative program with Vietnam to account for Vietnamese
personnel missing in action.
Sec. 1255. Sense of Congress on the United States-Vietnam defense
relationship.
Sec. 1256. Pilot program to improve cyber cooperation with Vietnam,
Thailand, and Indonesia.
Sec. 1257. Report on the costs most directly associated with the
stationing of the Armed Forces in Japan.
Sec. 1258. 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. 1259. Implementation of GAO recommendations on preparedness of
United States forces to counter North Korean chemical and
biological weapons.
Sec. 1260. Statement of policy and sense of Congress on the Taiwan
Relations Act.
Sec. 1260A. Annual briefing on Taiwan arms sales.
Sec. 1260B. Report on United States-Taiwan medical security partnership.
Sec. 1260C. Establishment of capabilities to assess the defense
technological and industrial bases of China and other foreign
adversaries.
Sec. 1260D. Extension of annual report on military and security
developments involving the People's Republic of China.
Sec. 1260E. Sense of Congress on the aggression of the Government of
China along the border with India and its growing territorial
claims.
Sec. 1260F. Assessment of National Cyber Strategy to deter China from
engaging in industrial espionage and cyber theft.
Sec. 1260G. Report on United Front Work Department.
Sec. 1260H. Public reporting of Chinese military companies operating in
the United States.
Sec. 1260I. Report on directed use of fishing fleets.
Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020
Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Statement of policy.
Sec. 1264. Support for democratic governance, rule of law, human rights,
and fundamental freedoms.
Sec. 1265. Support for development programs.
Sec. 1266. Support for conflict mitigation.
Sec. 1267. Support for accountability for war crimes, crimes against
humanity, and genocide in Sudan.
Sec. 1268. Suspension of assistance.
Sec. 1269. Multilateral assistance.
Sec. 1270. Coordinated support to recover assets stolen from the
Sudanese people.
Sec. 1270A. Limitation on assistance to the Sudanese security and
intelligence services.
Sec. 1270B. Reports.
Sec. 1270C. United States strategy for support to a civilian-led
government in Sudan.
Sec. 1270D. Amendments to the Darfur Peace and Accountability Act of
2006.
Sec. 1270E. Repeal of Sudan Peace Act and the Comprehensive Peace in
Sudan Act.
Subtitle H--United States Israel Security Assistance Authorization Act
of 2020
Sec. 1271. Short title.
Sec. 1272. Sense of Congress on United States-Israel relationship.
Sec. 1273. Security assistance for Israel.
Sec. 1274. Extension of war reserves stockpile authority.
Sec. 1275. Rules governing the transfer of precision-guided munitions to
Israel above the annual restriction.
Sec. 1276. Eligibility of Israel for the strategic trade authorization
exception to certain export control licensing requirements.
Sec. 1277. United States Agency for International Development memoranda
of understanding to enhance cooperation with Israel.
Sec. 1278. Cooperative projects among the United States, Israel, and
developing countries.
Sec. 1279. Joint cooperative program related to innovation and high-tech
for the Middle East region.
Sec. 1280. Cooperation on directed energy capabilities.
Sec. 1280A. Other matters of cooperation.
Sec. 1280B. Appropriate congressional committees defined.
Subtitle I--Global Child Thrive Act of 2020
Sec. 1281. Short title.
Sec. 1282. Sense of Congress.
Sec. 1283. Assistance to improve early childhood outcomes globally.
Sec. 1284. Special advisor for assistance to orphans and vulnerable
children.
Sec. 1285. Rule of construction.
Subtitle J--Matters Relating to Africa and the Middle East
Sec. 1291. Briefing and report relating to reduction in the total number
of United States Armed Forces deployed to United States Africa
Command area of responsibility.
Sec. 1292. Notification with respect to withdrawal of members of the
Armed Forces participating in the Multinational Force and
Observers in Egypt.
Sec. 1293. Report on enhancing security partnerships between the United
States and African countries.
Sec. 1294. Plan to address gross violations of human rights and civilian
harm in Burkina Faso, Chad, Mali, and Niger.
Sec. 1295. Statement of policy and report relating to the conflict in
Yemen.
Sec. 1296. Report on United States military support of the Saudi-led
coalition in Yemen.
Sec. 1297. Sense of Congress on payment of amounts owed by Kuwait to
United States medical institutions.
Subtitle K--Other Matters
Sec. 1299A. Provision of goods and services at Kwajalein Atoll, Republic
of the Marshall Islands.
Sec. 1299B. Report on contributions received from designated countries.
Sec. 1299C. Modification to initiative to support protection of national
security academic researchers from undue influence and other
security threats.
Sec. 1299D. Extension of authorization of non-conventional assisted
recovery capabilities.
Sec. 1299E. Annual briefings on certain foreign military bases of
adversaries.
Sec. 1299F. Countering white identity terrorism globally.
Sec. 1299G. Report on progress of the Department of Defense with respect
to denying the strategic goals of a competitor against a
covered defense partner.
Sec. 1299H. Comparative studies on defense budget transparency of the
People's Republic of China, the Russian Federation, and the
United States.
Sec. 1299I. Assessment of weapons of mass destruction terrorism.
Sec. 1299J. Review of Department of Defense compliance with ``Principles
Related to the Protection of Medical Care Provided by
Impartial Humanitarian Organizations During Armed Conflicts''.
Sec. 1299K. Certification relating to assistance for Guatemala.
Sec. 1299L. Functional Center for Security Studies in Irregular Warfare.
Sec. 1299M. United States-Israel operations-technology cooperation
within the United States-Israel Defense Acquisition Advisory
Group.
Sec. 1299N. Payment of passport fees for certain individuals.
Sec. 1299O. Resumption of Peace Corps operations.
Sec. 1299P. Establishment of the Open Technology Fund.
Sec. 1299Q. United States Agency for Global Media.
Sec. 1299R. Leveraging information on foreign traffickers.
Sec. 1299S. Rule of construction relating to use of military force.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
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.
Subtitle B--Armed Forces Retirement Home
Sec. 1411. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1412. Expansion of eligibility for residence at the Armed Forces
Retirement Home.
Sec. 1413. Periodic inspections of Armed Forces Retirement Home
facilities by nationally recognized accrediting organization.
Subtitle C--Other Matters
Sec. 1421. 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.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. 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.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Space Development Agency development requirements and
transfer to Space Force.
Sec. 1602. Personnel management authority for Space Development Agency
for experts in science and engineering.
Sec. 1603. Requirement to buy certain satellite component from national
technology and industrial base.
Sec. 1604. Conforming amendments relating to reestablishment of Space
Command.
Sec. 1605. Clarification of authority for procurement of commercial
satellite communications services.
Sec. 1606. National Security Space Launch program.
Sec. 1607. Commercial space domain awareness capabilities.
Sec. 1608. Policy to ensure launch of small-class payloads.
Sec. 1609. Tactically responsive space launch operations.
Sec. 1610. Limitation on availability of funds for prototype program for
multi-global navigation satellite system receiver development.
Sec. 1611. Resilient and survivable positioning, navigation, and timing
capabilities.
Sec. 1612. Leveraging commercial satellite remote sensing.
Sec. 1613. Strategy to strengthen civil and national security
capabilities and operations in space.
Sec. 1614. Report and strategy on space competition with China.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Safety of navigation mission of the National Geospatial-
Intelligence Agency.
Sec. 1622. National Academies Climate Security Roundtable.
Sec. 1623. Efficient use of sensitive compartmented information
facilities.
Subtitle C--Nuclear Forces
Sec. 1631. Semiannual updates on meetings held by Nuclear Weapons
Council; limitation on availability of funds relating to such
updates.
Sec. 1632. Role of Nuclear Weapons Council with respect to performance
requirements and budget for nuclear weapons programs.
Sec. 1633. Modification of Government Accountability Office review of
annual reports on nuclear weapons enterprise.
Sec. 1634. Independent study on nuclear weapons programs of certain
foreign countries.
Sec. 1635. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Subtitle D--Missile Defense Programs
Sec. 1641. Alignment of the Missile Defense Agency within the Department
of Defense.
Sec. 1642. Extension of prohibition relating to missile defense
information and systems.
Sec. 1643. Extension of transition of ballistic missile defense programs
to military departments.
Sec. 1644. Extension of requirement for Comptroller General review and
assessment of missile defense acquisition programs.
Sec. 1645. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1646. Ground-based midcourse defense interim capability.
Sec. 1647. Next generation interceptors.
Sec. 1648. Report on and limitation on availability of funds for layered
homeland missile defense system.
Sec. 1649. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1650. Report on defense of Guam from integrated air and missile
threats.
Sec. 1651. Reports on cruise missile defense and North Warning System.
Subtitle E--Matters Relating to Certain Commercial Terrestrial
Operations
Sec. 1661. Prohibition on availability of funds for certain purposes
relating to the Global Positioning System.
Sec. 1662. Limitation on awarding contracts to entities operating
commercial terrestrial communication networks that cause
harmful interference with the Global Positioning System.
Sec. 1663. Independent technical review of Federal Communications
Commission Order 20-48.
Sec. 1664. Estimate of damages from Federal Communications Commission
Order 20-48.
Subtitle F--Other Matters
Sec. 1671. Conventional prompt strike.
Sec. 1672. Limitation on availability of funds relating to reports on
missile systems and arms control treaties.
Sec. 1673. Submission of reports under Missile Defense Review and
Nuclear Posture Review.
TITLE XVII--CYBERSPACE-RELATED MATTERS
Sec. 1701. Modification of mission of Cyber Command and assignment of
cyber operations forces.
Sec. 1702. Modification of scope of notification requirements for
sensitive military cyber operations.
Sec. 1703. Modification of requirements for quarterly Department of
Defense cyber operations briefings for Congress.
Sec. 1704. Clarification relating to protection from liability of
operationally critical contractors.
Sec. 1705. Strengthening Federal networks; CISA cybersecurity support to
agencies.
Sec. 1706. Improvements relating to the quadrennial cyber posture
review.
Sec. 1707. Modification of authority to use operation and maintenance
funds for cyber operations-peculiar capability development
projects.
Sec. 1708. Personnel management authority for Commander of United States
Cyber Command and development program for offensive cyber
operations.
Sec. 1709. Applicability of reorientation of Big Data Platform program
to Department of Navy.
Sec. 1710. Report on Cyber Institutes program.
Sec. 1711. Modification of acquisition authority of Commander of United
States Cyber Command.
Sec. 1712. Modification of requirements relating to the Strategic
Cybersecurity Program and the evaluation of cyber
vulnerabilities of major weapon systems of the Department of
Defense.
Sec. 1713. Modification of position of Principal Cyber Advisor.
Sec. 1714. Cyberspace Solarium Commission.
Sec. 1715. Establishment in Department of Homeland Security of joint
cyber planning office.
Sec. 1716. Subpoena authority.
Sec. 1717. Cybersecurity State Coordinator.
Sec. 1718. Cybersecurity Advisory Committee.
Sec. 1719. Cybersecurity education and training assistance program.
Sec. 1720. Framework for cyber hunt forward operations.
Sec. 1721. Rationalization and integration of parallel cybersecurity
architectures and operations.
Sec. 1722. Assessing risk to national security of quantum computing.
Sec. 1723. Tailored cyberspace operations organizations.
Sec. 1724. Responsibility for cybersecurity and critical infrastructure
protection of the defense industrial base.
Sec. 1725. Pilot program on remote provision by National Guard to
National Guards of other States of cybersecurity technical
assistance in training, preparation, and response to cyber
incidents.
Sec. 1726. Department of Defense cyber workforce efforts.
Sec. 1727. Reporting requirements for cross domain incidents and
exemptions to policies for information technology.
Sec. 1728. Assessing private-public collaboration in cybersecurity.
Sec. 1729. Cyber capabilities and interoperability of the National
Guard.
Sec. 1730. Evaluation of non-traditional cyber support to the Department
of Defense.
Sec. 1731. Integrated cybersecurity center plan.
Sec. 1732. Assessment of cyber operational planning and deconfliction
policies and processes.
Sec. 1733. Pilot program on cybersecurity capability metrics.
Sec. 1734. Assessment of effect of inconsistent timing and use of
Network Address Translation in Department of Defense networks.
Sec. 1735. Integration of Department of Defense user activity monitoring
and cybersecurity.
Sec. 1736. Defense industrial base cybersecurity sensor architecture
plan.
Sec. 1737. Assessment on defense industrial base participation in a
threat information sharing program.
Sec. 1738. Assistance for small manufacturers in the defense industrial
supply chain on matters relating to cybersecurity.
Sec. 1739. Assessment on defense industrial base cybersecurity threat
hunting program.
Sec. 1740. Defense Digital Service.
Sec. 1741. Matters concerning the College of Information and Cyberspace
and limitation of funding for National Defense University.
Sec. 1742. Department of Defense cyber hygiene and Cybersecurity
Maturity Model Certification framework.
Sec. 1743. Extension of sunset for pilot program on regional
cybersecurity training center for the Army National Guard.
Sec. 1744. National cyber exercises.
Sec. 1745. Cybersecurity and Infrastructure Security Agency review.
Sec. 1746. Report on enabling United States Cyber Command resource
allocation.
Sec. 1747. Ensuring cyber resiliency of nuclear command and control
system.
Sec. 1748. Requirements for review of and limitations on the Joint
Regional Security Stacks activity.
Sec. 1749. Implementation of information operations matters.
Sec. 1750. Report on use of encryption by Department of Defense national
security systems.
Sec. 1751. Guidance and direction on use of direct hiring processes for
artificial intelligence professionals and other data science
and software development personnel.
Sec. 1752. National Cyber Director.
TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1801. Transfer and reorganization of defense acquisition statutes.
Subtitle A--Definitions
Sec. 1806. Definitions.
Sec. 1807. General matters.
Sec. 1808. Defense acquisition system.
Sec. 1809. Budgeting and appropriations.
Sec. 1810. Operational contract support.
Subtitle B--Acquisition Planning
Sec. 1811. Planning and solicitation generally.
Sec. 1812. Independent cost estimation and cost analysis.
Sec. 1813. Other provisions relating to planning and solicitation
generally.
Subtitle C--Contracting Methods and Contract Types
Sec. 1816. Awarding of contracts.
Sec. 1817. Specific types of contracts.
Sec. 1818. Other matters relating to awarding of contracts.
Sec. 1819. Undefinitized contractual actions.
Sec. 1820. Task and delivery order contracts.
Sec. 1821. Acquisition of commercial products and commercial services.
Sec. 1822. Multiyear contracts.
Sec. 1823. Simplified acquisition procedures.
Sec. 1824. Rapid acquisition procedures.
Sec. 1825. Contracts for long-term lease or charter of vessels,
aircraft, and combat vehicles.
Subtitle D--General Contracting Provisions
Sec. 1831. Cost or pricing data.
Sec. 1832. Allowable costs.
Sec. 1833. Proprietary contractor data and rights in technical data.
Sec. 1834. Contract financing.
Sec. 1835. Contractor audits and accounting.
Sec. 1836. Claims and disputes.
Sec. 1837. Foreign acquisitions.
Sec. 1838. Socioeconomic programs.
Subtitle E--Research and Engineering
Sec. 1841. Research and engineering generally.
Sec. 1842. Innovation.
Sec. 1843. Department of Defense laboratories.
Sec. 1844. Research and development centers and facilities.
Sec. 1845. Test and evaluation.
Subtitle F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development
Sec. 1846. General matters.
Sec. 1847. Major systems and major defense acquisition programs
generally.
Sec. 1848. Life-cycle and sustainment.
Sec. 1849. Program status-selected acquisition reports.
Sec. 1850. Cost growth--unit cost reports (Nunn-McCurdy).
Sec. 1851. Weapon systems development and related matters.
Subtitle G--Other Special Categories of Contracting
Sec. 1856. Acquisition of services generally.
Sec. 1857. Acquisition of information technology.
Subtitle H--Contract Management
Sec. 1861. Contract administration.
Sec. 1862. Prohibitions and penalties.
Sec. 1863. Contractor workforce.
Sec. 1864. Other administrative matters.
Subtitle I--Defense Industrial Base
Sec. 1866. Defense industrial base generally.
Sec. 1867. Policies and planning.
Sec. 1868. Development, application, and support of dual-use
technologies.
Sec. 1869. Manufacturing technology.
Sec. 1870. Other technology base policies and programs.
Sec. 1871. Small business programs.
Sec. 1872. Procurement technical assistance cooperative agreement
program.
Sec. 1873. Loan guarantee programs.
Subtitle J--Other Matters
Sec. 1876. Recodification of certain title 10 provisions relating to
contract financing for certain Navy contracts.
Sec. 1877. Recodification of title 10 statute on cadre of personnel who
are intellectual property experts.
Sec. 1878. Transfer of title 10 section relating to notification of Navy
procurement production disruptions.
Sec. 1879. Transfer of title 10 section relating to energy security.
Sec. 1880. Part IV heading.
Sec. 1881. Repeal of chapters 137, 139, 144, and 148.
Sec. 1882. Revision of chapter 141.
Sec. 1883. References.
Sec. 1884. Savings provisions.
Sec. 1885. Rule of construction.
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 fiscal year 2017
project at Camp Walker, Korea.
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. Independent study on Western Emergency Refined Fuel Reserves.
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.
Sec. 2503. Execution of projects under the North Atlantic Treaty
Organization Security Investment Program.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. 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 fiscal year 2020
project in 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.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Plan to finish remediation activities conducted by the
Secretary of the Army in Umatilla, Oregon.
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 requirements regarding certain
military construction projects and military family housing
projects, contracts, and agreements.
Sec. 2804. Consideration of energy security and energy resilience in
life-cycle cost for military construction.
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. Responsibility of Navy for military construction requirements
for certain Fleet Readiness Centers.
Subtitle B--Military Family Housing Reforms
Sec. 2811. Modifications and technical corrections related to military
housing privatization reform.
Sec. 2812. Repeal of authority to lease substandard family housing units
to members of the uniformed services.
Sec. 2813. Expenditure priorities in using Department of Defense Family
Housing Improvement Fund.
Sec. 2814. Availability of information regarding assessment of
performance metrics for contracts for provision or management
of privatized military housing.
Sec. 2815. Requirement that Secretary of Defense implement
recommendations relating to military family housing contained
in report by Inspector General of Department of Defense.
Sec. 2816. Promulgation of guidance to facilitate return of military
families displaced from privatized military housing.
Sec. 2817. Promulgation of guidance on relocation of residents of
military housing impacted by presence of mold.
Sec. 2818. 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.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Acceptance of property by military service academies,
professional military education schools, and military museums
subject to naming-rights condition.
Sec. 2822. Codification of reporting requirements regarding United
States overseas military enduring locations and contingency
locations.
Sec. 2823. Promotion of energy resilience and energy security in
privatized utility systems.
Sec. 2824. Vesting exercise of discretion with Secretaries of the
military departments regarding entering into longer-term
contracts for utility services.
Sec. 2825. Use of on-site energy production to promote military
installation energy resilience and energy security.
Sec. 2826. Improved electrical metering of Department of Defense
infrastructure supporting critical missions.
Sec. 2827. Improving water management and security on military
installations.
Sec. 2828. Prohibition relating to closure or return to host nation of
existing military installations, infrastructure, or real
property in Europe.
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. Lease extension, Bryan Multi-Sports Complex, Wayne County,
North Carolina.
Sec. 2838. Land conveyances, 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. Establishment of interagency committees on joint use of
certain land withdrawn from appropriation under public land
laws.
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. Bulk fuel management in United States Indo-Pacific Command
Area of Responsibility.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program to authorize use of cost savings realized from
intergovernmental services agreements for installation-support
services.
Sec. 2862. Department of Defense pilot program to evaluate expansion of
land exchange authority.
Sec. 2863. Pilot program to support combatant command military
construction priorities.
Sec. 2864. Pilot program to test use of emergency diesel generators in a
microgrid configuration at certain military installations.
Sec. 2865. Pilot program to authorize additional military construction
projects for child development centers at military
installations.
Sec. 2866. Department of the Army pilot program for development and use
of online real estate inventory tool.
Subtitle H--Miscellaneous Studies and Reports
Sec. 2871. Reports regarding decision-making process used to locate or
relocate major headquarters and certain military units and
weapon systems.
Sec. 2872. Report on effect of noise restrictions on military
installations and operations and development and
implementation of noise mitigation measures.
Sec. 2873. Study and report regarding continued need for protected
aircraft shelters in Europe and status of United States air
base resiliency in Europe.
Subtitle I--Other Matters
Sec. 2881. Military construction infrastructure and weapon system
synchronization for Ground Based Strategic Deterrent.
Sec. 2882. Defense Community Infrastructure Program.
Sec. 2883. Consideration of certain military family readiness issues in
making basing decisions associated with certain military units
and major headquarters.
Sec. 2884. Department of Defense policy for regulation in military
communities of dangerous dogs kept as pets.
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 XXXI--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--Nuclear Weapons Stockpile Matters
Sec. 3111. W93 nuclear warhead acquisition process.
Sec. 3112. Earned value management and technology readiness levels for
life extension programs.
Sec. 3113. Monitoring of industrial base for nuclear weapons components,
subsystems, and materials.
Sec. 3114. Plutonium pit production.
Subtitle C--Defense Environmental Cleanup Matters
Sec. 3121. Public statement of environmental liabilities for facilities
undergoing defense environmental cleanup.
Sec. 3122. Inclusion of missed milestones in future-years defense
environmental cleanup plan.
Sec. 3123. Classification of defense environmental cleanup as capital
asset projects or operations activities.
Sec. 3124. Extension of limitation relating to reclassification of high-
level waste.
Sec. 3125. Continued analysis of approaches for supplemental treatment
of low-activity waste at Hanford Nuclear Reservation.
Subtitle D--Safeguards and Security Matters
Sec. 3131. Reporting on penetrations of networks of contractors and
subcontractors.
Subtitle E--Personnel Matters
Sec. 3141. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3142. Inclusion of certain employees and contractors of Department
of Energy in definition of public safety officer for purposes
of certain death benefits.
Sec. 3143. Reimbursement for liability insurance for nuclear materials
couriers.
Sec. 3144. Transportation and moving expenses for immediate family of
deceased nuclear materials couriers.
Sec. 3145. Permanent extension of Office of Ombudsman for Energy
Employees Occupational Illness Compensation Program.
Sec. 3146. Reports on diversity of certain contractor employees of
National Nuclear Security Administration.
Sec. 3147. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
Subtitle F--Budget and Financial Management Matters
Sec. 3151. Reports on financial balances for atomic energy defense
activities.
Subtitle G--Administrative Matters
Sec. 3161. Modifications to enhanced procurement authority to manage
supply chain risk.
Sec. 3162. Extension of pilot program on unavailability for overhead
costs of amounts specified for laboratory-directed research
and development.
Subtitle H--Other Matters
Sec. 3171. Independent study on potential environmental effects of
nuclear war.
Sec. 3172. Review of future of computing beyond exascale at the National
Nuclear Security Administration.
Sec. 3173. Sense of Congress on the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear
Facilities Safety Board.
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. Improvements to process for waiving navigation and vessel-
inspection laws and approving foreign vessel charters for
passenger vessels.
Sec. 3503. Superintendent of the United States Merchant Marine Academy.
Sec. 3504. Assistance for inland and small coastal ports and terminals.
Sec. 3505. Maritime transportation system emergency relief program.
Sec. 3506. Sea year cadets on cable security fleet and tanker security
fleet vessels.
Sec. 3507. Centers of excellence for domestic maritime workforce
training and education: technical amendments.
Sec. 3508. Merchant mariner training and education.
Sec. 3509. Publication of information about students and recent
graduates of Maritime Academies.
Sec. 3510. Mariner licensing and credentialing for M/V LISERON.
Subtitle B--Tanker Security Fleet
Sec. 3511. Tanker Security Fleet.
Subtitle C--Other Matters
Sec. 3521. Maritime security and domain awareness.
Sec. 3522. Sense of Congress regarding role of domestic maritime
industry in national security.
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. Definitions.
TITLE LI--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. National AI Research Resource Task Force.
TITLE LII--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES
Sec. 5201. National Artificial Intelligence Research Institutes.
TITLE LIII--DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE ACTIVITIES
Sec. 5301. National institute of standards and technology activities.
Sec. 5302. Stakeholder outreach.
Sec. 5303. National oceanic and atmospheric administration artificial
intelligence center.
TITLE LIV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE
ACTIVITIES
Sec. 5401. Artificial intelligence research and education.
TITLE LV--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
Sec. 5501. Department of energy artificial intelligence research
program.
DIVISION F--ANTI-MONEY LAUNDERING
Sec. 6001. Short title.
Sec. 6002. Purposes.
Sec. 6003. Definitions.
TITLE LXI--STRENGTHENING TREASURY FINANCIAL INTELLIGENCE, ANTI-MONEY
LAUNDERING, AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS
Sec. 6101. Establishment of national exam and supervision priorities.
Sec. 6102. Strengthening FinCEN.
Sec. 6103. FinCEN Exchange.
Sec. 6104. Interagency anti-money laundering and countering the
financing of terrorism personnel rotation program.
Sec. 6105. Terrorism and financial intelligence special hiring
authority.
Sec. 6106. Treasury Attache program.
Sec. 6107. Establishment of FinCEN Domestic Liaisons.
Sec. 6108. Foreign Financial Intelligence Unit Liaisons.
Sec. 6109. Protection of information exchanged with foreign law
enforcement and financial intelligence units.
Sec. 6110. Bank Secrecy Act application to dealers in antiquities and
assessment of Bank Secrecy Act application to dealers in arts.
Sec. 6111. Increasing technical assistance for international
cooperation.
Sec. 6112. International coordination.
TITLE LXII--MODERNIZING THE ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM SYSTEM
Sec. 6201. Annual reporting requirements.
Sec. 6202. Additional considerations for suspicious activity reporting
requirements.
Sec. 6203. Law enforcement feedback on suspicious activity reports.
Sec. 6204. Streamlining requirements for currency transaction reports
and suspicious activity reports.
Sec. 6205. Currency transaction reports and suspicious activity reports
thresholds review.
Sec. 6206. Sharing of threat pattern and trend information.
Sec. 6207. Subcommittee on Innovation and Technology.
Sec. 6208. Establishment of Bank Secrecy Act Innovation Officers.
Sec. 6209. Testing methods rulemaking.
Sec. 6210. Financial technology assessment.
Sec. 6211. Financial crimes tech symposium.
Sec. 6212. Pilot program on sharing of information related to suspicious
activity reports within a financial group.
Sec. 6213. Sharing of compliance resources.
Sec. 6214. Encouraging information sharing and public-private
partnerships.
Sec. 6215. Financial services de-risking.
Sec. 6216. Review of regulations and guidance.
TITLE LXIII--IMPROVING ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM COMMUNICATION, OVERSIGHT, AND PROCESSES
Sec. 6301. Improved interagency coordination and consultation.
Sec. 6302. Subcommittee on Information Security and Confidentiality.
Sec. 6303. Establishment of Bank Secrecy Act Information Security
Officers.
Sec. 6304. FinCEN analytical hub.
Sec. 6305. Assessment of Bank Secrecy Act no-action letters.
Sec. 6306. Cooperation with law enforcement.
Sec. 6307. Training for examiners on anti-money laundering and
countering the financing of terrorism.
Sec. 6308. Obtaining foreign bank records from banks with United States
correspondent accounts.
Sec. 6309. Additional damages for repeat Bank Secrecy Act violators.
Sec. 6310. Certain violators barred from serving on boards of United
States financial institutions.
Sec. 6311. Department of Justice report on deferred and non-prosecution
agreements.
Sec. 6312. Return of profits and bonuses.
Sec. 6313. Prohibition on concealment of the source of assets in
monetary transactions.
Sec. 6314. Updating whistleblower incentives and protection.
TITLE LXIV--ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION REPORTING
REQUIREMENTS
Sec. 6401. Short title.
Sec. 6402. Sense of Congress.
Sec. 6403. Beneficial ownership information reporting requirements.
TITLE LXV--MISCELLANEOUS
Sec. 6501. Investigations and prosecution of offenses for violations of
the securities laws.
Sec. 6502. GAO and Treasury studies on beneficial ownership information
reporting requirements.
Sec. 6503. GAO study on feedback loops.
Sec. 6504. GAO CTR study and report.
Sec. 6505. GAO studies on trafficking.
Sec. 6506. Treasury study and strategy on trade-based money laundering.
Sec. 6507. Treasury study and strategy on money laundering by the
People's Republic of China.
Sec. 6508. Treasury and Justice study on the efforts of authoritarian
regimes to exploit the financial system of the United States.
Sec. 6509. Authorization of appropriations.
Sec. 6510. Discretionary surplus funds.
Sec. 6511. Severability.
DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
Sec. 8001. Short title.
Sec. 8002. Definition of Commandant.
TITLE LVXXXI--AUTHORIZATIONS
Sec. 8101. Authorizations of appropriations.
Sec. 8102. Authorized levels of military strength and training.
Sec. 8103. Determination of budgetary effects.
Sec. 8104. Availability of amounts for acquisition of additional
National Security Cutter.
Sec. 8105. Procurement authority for Polar Security Cutters.
Sec. 8106. Sense of the Congress on need for new Great Lakes icebreaker.
Sec. 8107. Procurement authority for Great Lakes icebreaker.
Sec. 8108. Polar Security Cutter acquisition report.
Sec. 8109. Shoreside infrastructure.
Sec. 8110. Major acquisition systems infrastructure.
Sec. 8111. Polar icebreakers.
Sec. 8112. Acquisition of fast response cutter.
TITLE LVXXXII--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 8201. Grade on retirement.
Sec. 8202. Authority for officers to opt out of promotion board
consideration.
Sec. 8203. Temporary promotion authority for officers in certain grades
with critical skills.
Sec. 8204. Career intermission program.
Sec. 8205. Direct commissioning authority for individuals with critical
skills.
Sec. 8206. Employment assistance.
Subtitle B--Organization and Management Matters
Sec. 8211. Congressional affairs; Director.
Sec. 8212. Limitations on claims.
Sec. 8213. Renewal of temporary early retirement authority.
Sec. 8214. Major acquisitions; operation and sustainment costs.
Sec. 8215. Support of women serving in the Coast Guard.
Sec. 8216. Disposition of infrastructure related to E-LORAN.
Sec. 8217. Positions of importance and responsibility.
Sec. 8218. Research projects; transactions other than contracts and
grants.
Sec. 8219. Acquisition workforce authorities.
Sec. 8220. Vessel conversion, alteration, and repair projects.
Sec. 8221. Modification of acquisition process and procedures.
Sec. 8222. Establishment and purpose of Fund; definition.
Sec. 8223. Payments from Fund.
Sec. 8224. Determination of contributions to Fund.
Sec. 8225. Payments into Fund.
Subtitle C--Access to Child Care for Coast Guard Families
Sec. 8231. Report on child care and school-age care assistance for
qualified families.
Sec. 8232. Review of family support services website and online tracking
system.
Sec. 8233. Study and survey on Coast Guard child care needs.
Sec. 8234. Pilot program to expand access to child care.
Sec. 8235. Improvements to Coast Guard-owned family housing.
Sec. 8236. Briefing on transfer of family child care provider
qualifications and certifications.
Sec. 8237. Inspections of Coast Guard child development centers and
family child care providers.
Sec. 8238. Expanding opportunities for family child care.
Sec. 8239. Definitions.
Subtitle D--Reports
Sec. 8240. Modifications of certain reporting requirements.
Sec. 8241. Report on cybersecurity workforce.
Sec. 8242. Report on navigation and bridge resource management.
Sec. 8243. Report on helicopter life-cycle support and recapitalization.
Sec. 8244. Report on Coast Guard response capabilities for cyber
incidents on vessels entering ports or waters of the United
States.
Sec. 8245. Study and report on Coast Guard interdiction of illicit drugs
in transit zones.
Sec. 8246. Report on liability limits set in section 1004 of the Oil
Pollution Act of 1990.
Sec. 8247. Report on Coast Guard defense readiness resources allocation.
Sec. 8248. Report on the feasibility of liquefied natural gas fueled
vessels.
Sec. 8249. Coast Guard authorities study.
Sec. 8250. Report on effects of climate change on Coast Guard.
Sec. 8251. Shore infrastructure.
Sec. 8252. Coast Guard housing; status and authorities briefing.
Sec. 8253. Physical access control system report.
Sec. 8254. 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. 8255. Comptroller General of the United States review and report on
Coast Guard's International Port Security Program.
Sec. 8256. Comptroller General of the United States review and report on
surge capacity of the Coast Guard.
Sec. 8257. Comptroller General of the United States review and report on
marine inspections program of Coast Guard.
Sec. 8258. Comptroller General of the United States review and report on
information technology program of Coast Guard.
Sec. 8259. Comptroller General of the United States study and report on
access to health care by members of Coast Guard and
dependents.
Sec. 8260. Comptroller General of the United States study and report on
medical staffing standards and needs for Coast Guard.
Sec. 8261. Report on fast response cutters, offshore patrol cutters, and
national security cutters.
Subtitle E--Coast Guard Academy Improvement Act
Sec. 8271. Short title.
Sec. 8272. Coast Guard Academy study.
Sec. 8273. Annual report.
Sec. 8274. Assessment of Coast Guard Academy admission processes.
Sec. 8275. Coast Guard Academy minority outreach team program.
Sec. 8276. Coast Guard college student pre-commissioning initiative.
Sec. 8277. Annual board of visitors.
Sec. 8278. Homeland Security rotational cybersecurity research program
at Coast Guard Academy.
Subtitle F--Other Matters
Sec. 8281. Strategy on leadership of Coast Guard.
Sec. 8282. Expedited transfer in cases of sexual assault; dependents of
members of the Coast Guard.
Sec. 8283. Access to resources during creosote-related building closures
at Coast Guard Base Seattle, Washington.
Sec. 8284. Southern resident orca conservation and enforcement.
Sec. 8285. 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. 8286. Inspector General report on access to Equal Opportunity
Advisors and Equal Employment Opportunity Specialists.
Sec. 8287. Insider Threat Program.
TITLE LVXXXIII--MARITIME
Subtitle A--Navigation
Sec. 8301. Electronic charts; equivalency.
Sec. 8302. Subrogated claims.
Sec. 8303. Loan provisions under Oil Pollution Act of 1990.
Sec. 8304. Oil pollution research and development program.
Subtitle B--Shipping
Sec. 8311. Passenger vessel security and safety requirements;
application.
Sec. 8312. Small passenger vessels and uninspected passenger vessels.
Sec. 8313. Non-operating individual.
Sec. 8314. Conforming amendments: training; public safety personnel.
Sec. 8315. Maritime transportation assessment.
Sec. 8316. Engine cut-off switches; use requirement.
Sec. 8317. Authority to waive operator of self-propelled uninspected
passenger vessel requirements.
Sec. 8318. Exemptions and equivalents.
Sec. 8319. Renewal of merchant mariner licenses and documents.
Sec. 8320. Certificate extensions.
Sec. 8321. Vessel safety standards.
Sec. 8322. Medical standards.
Subtitle C--Advisory Committees
Sec. 8331. Advisory committees.
Sec. 8332. Maritime Transportation System National Advisory Committee.
Sec. 8333. Expired maritime liens.
Sec. 8334. Great Lakes Pilotage Advisory Committee.
Sec. 8335. National Commercial Fishing Safety Advisory Committee.
Sec. 8336. 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. 8341. Port, harbor, and coastal facility security.
Sec. 8342. Aiming laser pointer at vessel.
Sec. 8343. Safety of special activities.
Sec. 8344. Security plans; reviews.
Sec. 8345. Vessel traffic service.
Sec. 8346. Transportation work identification card pilot program.
TITLE LVXXXIV--MISCELLANEOUS
Subtitle A--Navigation and Shipping
Sec. 8401. Coastwise trade.
Sec. 8402. Towing vessels operating outside boundary line.
Sec. 8403. Sense of Congress regarding the maritime industry of the
United States.
Sec. 8404. Cargo preference study.
Sec. 8405. Towing vessel inspection fees review.
Subtitle B--Maritime Domain Awareness
Sec. 8411. Unmanned maritime systems and satellite vessel tracking
technologies.
Sec. 8412. Unmanned aircraft systems testing.
Sec. 8413. Land-based unmanned aircraft system program of Coast Guard.
Sec. 8414. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 8415. United States commercial space-based radio frequency maritime
domain awareness testing and evaluation program.
Sec. 8416. Authorization of use of automatic identification systems
devices to mark fishing equipment.
Subtitle C--Arctic
Sec. 8421. Coast Guard Arctic prioritization.
Sec. 8422. Arctic PARS Native engagement.
Sec. 8423. Voting requirement.
Sec. 8424. Report on the Arctic capabilities of the Armed Forces.
Sec. 8425. Report on Arctic search and rescue.
Sec. 8426. Arctic Shipping Federal Advisory Committee.
Subtitle D--Other Matters
Sec. 8431. Plan for wing-in-ground demonstration plan.
Sec. 8432. Northern Michigan oil spill response planning.
Sec. 8433. Documentation of LNG tankers.
Sec. 8434. Replacement vessel.
Sec. 8435. Educational vessel.
Sec. 8436. Waters deemed not navigable waters of the United States for
certain purposes.
Sec. 8437. Anchorages.
Sec. 8438. Comptroller General of the United States study and report on
vertical evacuation for tsunamis at Coast Guard Stations in
Washington and Oregon.
Sec. 8439. Authority to enter into agreements with National Coast Guard
Museum Association.
Sec. 8440. Video equipment; access and retention of records.
Sec. 8441. Regulations for covered small passenger vessels.
TITLE LVXXXV--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 8501. Transfers.
Sec. 8502. Additional transfers.
Sec. 8503. License exemptions; repeal of obsolete provisions.
Sec. 8504. Maritime transportation system.
Sec. 8505. References to ``persons'' and ``seamen''.
Sec. 8506. References to ``himself'' and ``his''.
Sec. 8507. Miscellaneous technical corrections.
Sec. 8508. Technical corrections relating to codification of Ports and
Waterways Safety Act.
Sec. 8509. Aids to navigation.
Sec. 8510. Transfers related to employees of Lighthouse Service.
Sec. 8511. Transfers related to surviving spouses of Lighthouse Service
employees.
Sec. 8512. Repeals related to lighthouse statutes.
Sec. 8513. Common appropriation structure.
TITLE LVXXXVI--FEDERAL MARITIME COMMISSION
Sec. 8601. Short title.
Sec. 8602. Authorization of appropriations.
Sec. 8603. Unfinished proceedings.
Sec. 8604. National Shipper Advisory Committee.
Sec. 8605. Transfer of Federal Maritime Commission provisions.
DIVISION H--OTHER MATTERS
TITLE XC--HOMELAND SECURITY MATTERS
Sec. 9001. Department of Homeland Security CISA Director.
Sec. 9002. Sector risk management agencies.
Sec. 9003. Review and analysis of inland waters seaport security.
Sec. 9004. Department of Homeland Security reports on digital content
forgery technology.
Sec. 9005. GAO study of cybersecurity insurance.
Sec. 9006. Strategy to secure email.
Sec. 9007. Department of Homeland Security large-scale non-intrusive
inspection scanning plan.
TITLE XCI--VETERANS AFFAIRS MATTERS
Sec. 9101. Modification of licensure requirements for Department of
Veterans Affairs health care professionals providing treatment
via telemedicine.
Sec. 9102. Additional care for newborn children of veterans.
Sec. 9103. Expansion of eligibility for HUD-VASH.
Sec. 9104. Study on unemployment rate of women veterans who served on
active duty in the Armed Forces after September 11, 2001.
Sec. 9105. Access of veterans to Individual Longitudinal Exposure
Record.
Sec. 9106. Department of Veterans Affairs report on undisbursed funds.
Sec. 9107. Transfer of Mare Island Naval Cemetery to Secretary of
Veterans Affairs for maintenance by National Cemetery
Administration.
Sec. 9108. Comptroller General report on Department of Veterans Affairs
handling of disability compensation claims by certain
veterans.
Sec. 9109. Additional diseases associated with exposure to certain
herbicide agents for which there is a presumption of service
connection for veterans who served in the Republic of Vietnam.
TITLE XCII--COMMUNICATIONS MATTERS
Sec. 9201. Reliable emergency alert distribution improvement.
Sec. 9202. Wireless supply chain innovation and multilateral security.
Sec. 9203. Spectrum information technology modernization efforts.
Sec. 9204. Internet of Things.
TITLE XCIII--INTELLIGENCE MATTERS
Sec. 9301. Requirement for facilitation of establishment of social media
data and threat analysis center.
Sec. 9302. Independent study on identifying and addressing threats that
individually or collectively affect national security,
financial security, or both.
TITLE XCIV--SCIENCE, SPACE, AND TECHNOLOGY MATTERS
Subtitle A--Cybersecurity Matters
Sec. 9401. Improving national initiative for cybersecurity education.
Sec. 9402. Development of standards and guidelines for improving
cybersecurity workforce of Federal agencies.
Sec. 9403. Modifications to Federal cyber scholarship-for-service
program.
Sec. 9404. Additional modifications to Federal cyber scholarship-for-
service program.
Sec. 9405. Cybersecurity in programs of the National Science Foundation.
Sec. 9406. Cybersecurity in STEM programs of the National Aeronautics
and Space Administration.
Sec. 9407. National cybersecurity challenges.
Subtitle B--Other Matters
Sec. 9411. Established Program to Stimulate Competitive Research.
Sec. 9412. Industries of the future.
Sec. 9413. National Institute of Standards and Technology Manufacturing
Extension Partnership program supply chain database.
Sec. 9414. Study on Chinese policies and influence in the development of
international standards for emerging technologies.
Sec. 9415. Coordination with Hollings Manufacturing Extension
Partnership Centers.
TITLE XCV--NATURAL RESOURCES MATTERS
Sec. 9501. Transfer of funds for Oklahoma City national memorial
endowment fund.
Sec. 9502. Workforce issues for military realignments in the Pacific.
Sec. 9503. Affirmation of authority for non-oil and gas operations on
the outer Continental Shelf.
TITLE XCVI--OVERSIGHT AND REFORM MATTERS
Sec. 9601. Inventory of program activities of Federal agencies.
Sec. 9602. Preservation of electronic messages and other records.
Sec. 9603. Continuity of the economy plan.
TITLE XCVII--FINANCIAL SERVICES MATTERS
Subtitle A--Kleptocracy Asset Recovery Rewards Act
Sec. 9701. Short title.
Sec. 9702. Sense of Congress.
Sec. 9703. Department of the Treasury Kleptocracy Asset Recovery Rewards
Pilot Program.
Subtitle B--Combating Russian Money Laundering
Sec. 9711. Short title.
Sec. 9712. Statement of policy.
Sec. 9713. Sense of Congress.
Sec. 9714. Determination with respect to primary money laundering
concern of Russian illicit finance.
Subtitle C--Other Matters
Sec. 9721. Certified notice at completion of an assessment.
Sec. 9722. Ensuring Chinese debt transparency.
Sec. 9723. Accountability for World Bank Loans to China.
Sec. 9724. Fairness for Taiwan nationals regarding employment at
international financial institutions.
TITLE XCIX--CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR
AMERICA
Sec. 9901. Definitions.
Sec. 9902. Semiconductor incentives.
Sec. 9903. Department of Defense.
Sec. 9904. Department of Commerce study on status of microelectronics
technologies in the United States industrial base.
Sec. 9905. Funding for development and adoption of measurably secure
semiconductors and measurably secure semiconductors supply
chains.
Sec. 9906. Advanced microelectronics research and development.
Sec. 9907. Prohibition relating to foreign entities of concern.
Sec. 9908. Defense Production Act of 1950 efforts.
TITLE C--OTHER MATTERS
Sec. 10001. AMBER Alert nationwide.
Sec. 10002. Improving authority for operation of unmanned aircraft for
educational purposes.
Sec. 10003. Prohibition on provision of airport improvement grant funds
to certain entities that have violated intellectual property
rights of United States entities.
Sec. 10004. Study and report on the affordability of insulin.
Sec. 10005. Waiver authority with respect to institutions located in an
area affected by Hurricane Maria.
Sec. 10006. Farm and ranch mental health.
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.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
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, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on the conference report
or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Modifications to requirement for an interim cruise missile
defense capability.
Sec. 112. Report and limitations on acquisition of Integrated Visual
Augmentation System.
Sec. 113. Assessment of investment and sustainment for procurement of
cannon tubes.
Subtitle C--Navy Programs
Sec. 121. Limitation on alteration of the Navy fleet mix.
Sec. 122. Limitations on Navy medium and large unmanned surface vessels.
Sec. 123. Fighter force structure acquisition strategy.
Sec. 124. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 125. Land-based test program for the FFG(X) Frigate program.
Sec. 126. Treatment in future budgets of the President of systems added
by Congress.
Sec. 127. Extension of prohibition on availability of funds for Navy
waterborne security barriers.
Sec. 128. Report on strategy to use ALQ-249 Next Generation Jammer to
ensure full spectrum electromagnetic superiority.
Subtitle D--Air Force Programs
Sec. 131. Minimum operational squadron level.
Sec. 132. Modification of force structure objectives for bomber
aircraft.
Sec. 133. Minimum bomber aircraft force level.
Sec. 134. Required minimum inventory of tactical airlift aircraft.
Sec. 135. Inventory requirements for air refueling tanker aircraft.
Sec. 136. Authority to use F-35A fighter aircraft AT-1 through AT-6.
Sec. 137. F-35 aircraft gun system ammunition.
Sec. 138. Extension of limitation on availability of funds for
retirement of RC-135 aircraft.
Sec. 139. Modification to limitation on retirement of U-2 and RQ-4
aircraft.
Sec. 140. Modification of limitation on availability of funds for
retirement of E-8 JSTARS aircraft.
Sec. 141. Limitation on divestment of F-15C aircraft within the European
theater.
Sec. 142. Modernization plan for airborne intelligence, surveillance,
and reconnaissance.
Sec. 143. RC-26B manned intelligence, surveillance, and reconnaissance
aircraft.
Sec. 144. Prohibition on funding for Close Air Support Integration
Group.
Sec. 145. Required solution for KC-46 aircraft remote visual system
limitations.
Sec. 146. Analysis of moving target indicator requirements and Advanced
Battle Management System capabilities.
Sec. 147. Study on measures to assess cost-per-effect for key mission
areas.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy,
and Air Force.
Sec. 152. Transfer of responsibilities and functions relating to
electromagnetic spectrum operations.
Sec. 153. Cryptographic modernization schedules.
Sec. 154. Department of Defense participation in the Special Federal
Aviation Regulation Working Group.
Sec. 155. Integrated air and missile defense assessment.
Sec. 156. Joint strategy for air base defense against missile threats.
Sec. 157. Joint All Domain Command and Control requirements.
Sec. 158. Expansion of economic order quantity contracting authority for
F-35 aircraft program.
Sec. 159. Documentation relating to the F-35 aircraft program.
Sec. 160. F-35 aircraft munitions.
Sec. 161. Redesign strategy for the Autonomic Logistics Information
System for the F-35 fighter aircraft.
Sec. 162. Briefings on software regression testing for F-35 aircraft.
Sec. 163. Prohibition on use of funds for the Armed Overwatch Program.
Sec. 164. Acceleration of development and fielding of counter unmanned
aircraft systems across the joint force.
Sec. 165. Airborne intelligence, surveillance, and reconnaissance
acquisition roadmap for the United States Special Operations
Command.
Sec. 166. Prohibition on divestiture of manned intelligence,
surveillance, and reconnaissance aircraft operated by United
States Special Operations Command.
Sec. 167. Notification on efforts to replace inoperable ejection seat
aircraft locator beacons.
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 the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. MODIFICATIONS TO REQUIREMENT FOR AN INTERIM CRUISE
MISSILE DEFENSE CAPABILITY.
(a) Plan.--Not later than January 15, 2021, the Secretary of the
Army shall submit to the congressional defense committees the plan,
including a timeline, to operationally deploy or forward station the
interim cruise missile defense capability procured pursuant to section
112 of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1660) in an operational
theater or theaters.
(b) Modification of Waiver.--Paragraph (4) of section 112(b) of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(132 Stat. 1661) is amended to read as follows:
``(4) Waiver.--The Secretary of the Army may waive the
deadlines specified in paragraph (1):
``(A) For the deadline specified in paragraph (1)(A), if
the Secretary determines that sufficient funds have not been
appropriated to enable the Secretary to meet such deadline.
``(B) For the deadline specified in paragraph (1)(B), if
the Secretary submits to the congressional defense committees a
certification that--
``(i) allocating resources toward procurement of an
integrated enduring capability would provide robust tiered
and layered protection to the joint force; or
``(ii) additional time is required to complete testing,
training, and preparation for operational capability.''.
SEC. 112. REPORT AND LIMITATIONS ON ACQUISITION OF INTEGRATED
VISUAL AUGMENTATION SYSTEM.
(a) Report Required.--
(1) In general.--Not later than August 15, 2021, but after
completion of operational testing of the Integrated Visual
Augmentation System (IVAS), the Secretary of the Army shall submit
to the congressional defense committees a report on the Integrated
Visual Augmentation System.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The acquisition strategy for the Integrated Visual
Augmentation System, including an estimate of the average
production unit cost, a schedule for full-rate production, and
an identification of any hardware and software changes in the
System as a result of operational testing.
(B) A description of the technology levels required for
full-rate production of the System.
(C) A description of operational suitability and soldier
acceptability for the production-representative model System.
(b) Assessment Required.--Not later than 30 days after the
submittal of the report required by subsection (a), the Director of
Operational Test and Evaluation shall submit to the congressional
defense committees an assessment of the matters described pursuant to
subparagraphs (B) and (C) of subsection (a)(2).
(c) Limitation on Use of Funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2021 for procurement of the Integrated Visual Augmentation System, not
more than 75 percent may be obligated or expended until the date on
which the Secretary submits to the congressional defense committees the
report required by subsection (a).
SEC. 113. ASSESSMENT OF INVESTMENT AND SUSTAINMENT FOR PROCUREMENT
OF CANNON TUBES.
(a) Assessment Required.--The Secretary of the Army shall conduct
an assessment of the development, production, procurement, and
modernization of the defense industrial base for cannon and large
caliber weapon tubes.
(b) Submittal to Congress.--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 setting forth the assessment
conducted under subsection (a).
Subtitle C--Navy Programs
SEC. 121. LIMITATION ON ALTERATION OF THE NAVY FLEET MIX.
(a) Limitation.--
(1) In general.--The Secretary of the Navy may not deviate from
the large surface combatant requirements included in the 2016 Navy
Force Structure Assessment until the date on which the Secretary
submits to the congressional defense committees the certification
under paragraph (2) and the report under subsection (b).
(2) Certification.--The certification referred to in paragraph
(1) is a certification, in writing, that the Navy can mitigate the
reduction in multi-mission large surface combatant requirements,
including anti-air and ballistic missile defense capabilities, due
to having a reduced number of DDG-51 Destroyers with the advanced
AN/SPY-6 radar in the next three decades.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report that includes--
(1) a description of likely detrimental impacts to the large
surface combatant industrial base, and a plan to mitigate such
impacts, if the fiscal year 2021 future-years defense program is
implemented as proposed;
(2) a review of the benefits to the Navy fleet of the new AN/
SPY-6 radar to be deployed aboard Flight III variant DDG-51
Destroyers, which are currently under construction, as well as an
analysis of impacts to the warfighting capabilities of the fleet
should the number of such destroyers be reduced; and
(3) a plan to fully implement section 131 of the National
Defense Authorization for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1237), including subsystem prototyping efforts and funding by
fiscal year.
SEC. 122. LIMITATIONS ON NAVY MEDIUM AND LARGE UNMANNED SURFACE
VESSELS.
(a) Milestone B Approval Requirements.--Milestone B approval may
not be granted for a covered program unless such program accomplishes
prior to and incorporates into such approval--
(1) qualification by the Senior Technical Authority of--
(A) at least one representative main propulsion system,
including the fuel and lube oil systems; and
(B) at least one representative electrical generation and
distribution system;
(2) final results of test programs of engineering development
models or prototypes showing that critical systems designated
pursuant to subparagraph (C) of section 8669b(c)(2) of title 10,
United States Code, are demonstrated as required by subparagraph
(I) of that section; and
(3) a determination by the milestone decision authority of the
minimum number of vessels, discrete test events, performance
parameters to be tested, and schedule required to complete initial
operational test and evaluation and demonstrate operational
suitability and operational effectiveness.
(b) Qualification Requires Operational Demonstration.--The
qualification required in subsection (a)(1) shall include a land-based
operational demonstration of the systems concerned in the vessel-
representative form, fit, and function for not less than 720 continuous
hours without preventative maintenance, corrective maintenance,
emergent repair, or any other form of repair or maintenance.
(c) Use of Qualified Systems.--The Secretary of the Navy shall
require that covered programs use only main propulsion systems and
electrical generation and distribution systems that are qualified under
subsection (a)(1).
(d) Limitation on Contract Award or Funding.--
(1) In general.--The Secretary may not award a detail design or
construction contract, or obligate funds from a procurement
account, for a covered program until such program receives
Milestone B approval and the milestone decision authority notifies
the congressional defense committees, in writing, of the actions
taken to comply with the requirements under this section.
(2) Exception.--The limitation in paragraph (1) does not apply
to advanced procurement for government-furnished equipment.
(e) Definitions.--In this section:
(1) Covered program.--The term ``covered program'' means a
program for--
(A) medium unmanned surface vessels; or
(B) large unmanned surface vessels.
(2) Milestone b approval.--The term ``Milestone B approval''
has the meaning given the term in section 2366(e)(7) of title 10,
United States Code.
(3) Milestone decision authority.--The term ``milestone
decision authority'' means the official within the Department of
Defense designated with the overall responsibility and authority
for acquisition decisions for an acquisition program, including
authority to approve entry of the program into the next phase of
the acquisition process.
(4) Senior technical authority.--The term ``Senior Technical
Authority'' has the meaning provided for in section 8669b of title
10, United States Code.
SEC. 123. FIGHTER FORCE STRUCTURE ACQUISITION STRATEGY.
(a) Submittal of Strategy Required.--Not later than March 1, 2021,
the Secretary of the Navy shall submit to the congressional defense
committees a strategy for the Navy for tactical fighter aircraft force
structure acquisition that aligns with the stated capability and
capacity requirements of the Department of the Navy to meet the
National Defense Strategy.
(b) Limitation on Deviation From Strategy.--The Secretary of the
Navy may not deviate from the strategy submitted under subsection (a)
until--
(1) the Secretary of Defense, in consultation with the Chairman
of the Joint Chiefs of Staff, approves the deviation, in writing;
and
(2) the Secretary of Defense provides the congressional defense
committees the approval of the deviation, together with a
justification for the deviation.
SEC. 124. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS
SHIPBUILDING PROGRAMS.
(a) Contract Authority.--
(1) Procurement authorized.--In fiscal year 2021, the Secretary
of the Navy may enter into one or more contracts for the
procurement of three San Antonio-class amphibious ships and one
America-class amphibious ship.
(2) Procurement in conjunction with existing contracts.--The
ships authorized to be procured under paragraph (1) may be procured
as additions to existing contracts covering such programs.
(b) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of the Navy certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority for such programs:
(1) The use of such a contract is consistent with the projected
force structure requirements of the Department of the Navy for
amphibious ships.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out the
program through annual contracts. In certifying cost savings under
the preceding sentence, the Secretary shall include a written
explanation of--
(A) the estimated end cost and appropriated funds by fiscal
year, by hull, without the authority provided in subsection
(a);
(B) the estimated end cost and appropriated funds by fiscal
year, by hull, with the authority provided in subsection (a);
(C) the estimated cost savings or increase by fiscal year,
by hull, with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary will request funding for
the contract at the level required to avoid contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract authorized
under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the contract
in such fiscal year, and the future-years defense program (as
defined under section 221 of title 10, United States Code) for such
fiscal year will include the funding required to execute the
program without cancellation.
(c) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts for advance procurement associated
with a vessel or vessels for which authorization to enter into a
contract is provided under subsection (a), and for systems and
subsystems associated with such vessels in economic order quantities
when cost savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year is
subject to the availability of appropriations for that purpose for such
fiscal year.
(e) Milestone Decision Authority Defined.--In this section. the
term ``milestone decision authority'' has the meaning given the term in
section 2366a(d) of title 10, United States Code.
SEC. 125. LAND-BASED TEST PROGRAM FOR THE FFG(X) FRIGATE PROGRAM.
(a) Test Program for Engineering Plant Required.--Prior to the
delivery date of the lead ship in the FFG(X) Frigate class of vessels,
the Secretary of the Navy shall commence a land-based test program for
the engineering plant of such class of vessels.
(b) Administration.--The test program required by subsection (a)
shall be administered by the Senior Technical Authority for the FFG(X)
Frigate class of vessels.
(c) Elements.--The test program required by subsection (a) shall
include, at a minimum, testing of the following equipment in vessel-
representative form:
(1) Main Reduction Gear.
(2) Electrical Propulsion Motors.
(3) Other propulsion drive train components.
(4) Main propulsion system.
(5) Auxiliary propulsion unit.
(6) Electrical generation system,
(7) Shipboard control systems.
(8) Power control modules,
(d) Test Objectives.--The test program required by subsection (a)
shall include, at a minimum, the following test objectives demonstrated
across the full range of engineering plant operations for the FFG(X)
Frigate class of vessels:
(1) Test of the full propulsion drive train.
(2) Test and facilitation of machinery control systems
integration.
(3) Simulation of the full range of electrical demands to
enable the investigation of load dynamics between the Hull,
Mechanical and Electrical equipment, Combat System, and auxiliary
equipment.
(e) Completion Date.--The Secretary shall complete the test program
required by subsection (a) by not later than the date on which the lead
ship in the FFG(X) Frigate class of vessels is scheduled to be
available for tasking by operational military commanders.
(f) Definitions.--In this section:
(1) Delivery date.--The term ``delivery date'' has the meaning
provided for in section 8671 of title 10, United States Code.
(2) Senior technical authority.--The term ``Senior Technical
Authority'' has the meaning provided for in section 8669b of title
10, United States Code.
SEC. 126. TREATMENT IN FUTURE BUDGETS OF THE PRESIDENT OF SYSTEMS
ADDED BY CONGRESS.
In the event the procurement quantity for a system authorized by
Congress in a National Defense Authorization Act for a fiscal year, and
for which funds for such procurement quantity are appropriated by
Congress in the Shipbuilding and Conversion, Navy account for such
fiscal year, exceeds the procurement quantity specified in the budget
of the President, as submitted to Congress under section 1105 of title
31, United States Code, for such fiscal year, such excess procurement
quantity shall not be specified as a new procurement quantity in any
budget of the President, as so submitted, for any fiscal year after
such fiscal year.
SEC. 127. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
NAVY WATERBORNE SECURITY BARRIERS.
Section 130(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1665), as
amended by section 126 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1235), is further
amended by striking ``for fiscal year 2019 or fiscal year 2020'' and
inserting ``for fiscal years 2019, 2020, or 2021''.
SEC. 128. REPORT ON STRATEGY TO USE ALQ-249 NEXT GENERATION JAMMER
TO ENSURE FULL SPECTRUM ELECTROMAGNETIC SUPERIORITY.
(a) Report.--Not later than July 30, 2021, the Secretary of the
Navy, in consultation with the Vice Chairman of the Joint Chiefs, shall
submit to the congressional defense committees a report with a strategy
to ensure full spectrum electromagnetic superiority using the ALQ-249
Next Generation Jammer.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) A description of the current procurement strategy for the
ALQ-249, and the analysis of its capability to meet the radio
frequency (RF) ranges required in highly contested and denied
environment conflicts.
(2) An assessment of the compatibility and ability of the ALQ-
249 to synchronize non-kinetic fires using other Joint Electronic
Warfare (EW) platforms.
(3) A future model of an interlinked/interdependent electronic
warfare menu of options for commanders at tactical, operational,
and strategic levels.
Subtitle D--Air Force Programs
SEC. 131. MINIMUM OPERATIONAL SQUADRON LEVEL.
(a) Policy on Air Force Aviation Force Structure.--As soon as
practicable after the date of the enactment of this Act and subject to
the availability of appropriations, the Secretary of the Air Force
shall seek to achieve the capabilities provided by a minimum of 386
available operational squadrons, or equivalent organizational units. In
addition, the Secretary shall seek to achieve not fewer than 3,580
combat coded aircraft within the Air Force.
(b) Exception to Policy.--If, based on the fielding of new
capabilities and formal force structure capability assessments
supporting the most recent National Defense Strategy, the Secretary of
the Air Force, in consultation with the Chief of Staff of the Air Force
and the Chairman of the Joint Chiefs of Staff, makes a determination
that a modification to the quantity of operational squadrons or combat-
coded aircraft in subsection (a) is necessary, the Secretary shall
submit a report at the earliest opportunity to the congressional
defense committees describing the modifications of the revised force
structure and how the quantity of combat coded aircraft and operational
squadrons developed supports a moderate operational risk force
structure in support of the National Defense Strategy.
(c) Expiration of Policy.--The policy in subsection (a) shall
expire on September 30, 2025.
(d) Moderate Operational Risk Defined.--In this section, the term
``moderate operational risk'' shall be construed as defined in the most
recent publication of the Chairman of the Joint Chiefs of Staff Manual
3105.01 titled ``Joint Risk Analysis''.
SEC. 132. MODIFICATION OF FORCE STRUCTURE OBJECTIVES FOR BOMBER
AIRCRAFT.
(a) Minimum Level for All Bomber Aircraft.--
(1) In general.--During the period beginning on the date of the
enactment of this Act and ending on October 1, 2025, the Secretary
of the Air Force shall, except as provided in paragraph (2),
maintain not less than 92 bomber aircraft based on the Primary
Mission Aircraft Inventory (PMAI) of the Air Force.
(2) Exception.--The Secretary may reduce the number of aircraft
required by the Primary Mission Aircraft Inventory below the number
specified in paragraph (1) if the Secretary determines, on a case-
by-case basis, that a bomber aircraft is no longer to be so
required because such aircraft is no longer mission capable due to
mishap or other damage, or being uneconomical to repair.
(b) Repeal of Minimum B-1 Inventory Requirement.--Section 9062 of
title 10, United States Code, is amended by striking subsection (h).
(c) Preservation of Certain B-1 Aircraft and Maintenance
Personnel.--Until the date on which the Secretary determines that the
B-21 bomber aircraft has attained initial operating capability, the
Secretary--
(1) shall preserve four B-1 aircraft that are retired pursuant
to subsection (a), in a manner that ensures the components and
parts of each 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. 133. 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 by subsection (a) shall include
each of the following elements:
(1) The bomber force structure necessary to meet the
requirements of the long-range strike mission of the Air Force
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 long-range strike mission of the Air Force
in contested or denied environments under the National Defense
Strategy, including--
(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 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 Defined.--In this section, the term ``bomber
aircraft'' includes penetrating bombers in addition to B-52H aircraft.
SEC. 134. REQUIRED MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT.
(a) In General.--The Secretary of the Air Force shall maintain--
(1) a total primary mission aircraft inventory of 230 aircraft;
and
(2) a total tactical airlift aircraft inventory of not less
than 287 aircraft.
(b) Exception.--The Secretary of the Air Force may reduce the
number of C-130 aircraft in the Air Force below the minimum number
specified in subsection (a) if the Secretary of the Air Force
determines, on a case-by-case basis, that an aircraft is no longer
mission capable because of a mishap or other damage.
(c) Savings Clause.--During fiscal year 2021, the Secretary of the
Air Force is prohibited from reducing the total tactical airlift
aircraft inventory entirely from the National Guard.
(d) Sunset.--This section shall not apply after October 1, 2021.
SEC. 135. INVENTORY REQUIREMENTS FOR AIR REFUELING TANKER AIRCRAFT.
(a) In General.--During the period beginning on the date of the
enactment of this Act and ending on October 1, 2025, the Secretary of
the Air Force shall maintain not less than 412 tanker aircraft based on
Primary Mission Aircraft Inventory (PMAI) of the Air Force.
(b) Minimum Inventory Requirements for KC-10A Aircraft.--Except as
provided in subsection (e)(1):
(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.
(c) Prohibition on Retirement of KC-135 Aircraft.--Except as
provided in subsection (e), 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.
(d) 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.
(e) Exceptions.--
(1) KC-10A aircraft.--The requirement in subsection (b) shall
not apply to an aircraft otherwise required to be maintained by
that subsection if the the Secretary of the Air Force determines,
on a case-by-case basis, that such aircraft is no longer mission
capable due to mishap or other damage, or being uneconomical to
repair.
(2) KC-135 aircraft.--The requirement in subsection (c) shall
not apply to an aircraft otherwise required to be maintained by
that subsection if the Secretary of the Air Force--
(A) at any time during the period beginning on the date of
the enactment of this Act and ending on October 1, 2023,
determines, on a case-by-case basis, that such aircraft is no
longer mission capable due to mishap or other damage, or being
uneconomical to repair; or
(B) during fiscal year 2023, certifies in writing to the
congressional defense committees, not later than 30 days before
the date of divestment of such aircraft, that the Air Force can
meet combatant command tanker aircraft requirements by
leveraging Air National Guard and Air Force Reserve capacity
with increased Military Personnel Appropriation (MPA) Man-day
Tours to the reserve force.
(f) 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. 136. AUTHORITY TO USE F-35A FIGHTER AIRCRAFT AT-1 THROUGH AT-
6.
(a) In General.--Subject to written approval by the Secretary of
Defense to the Secretary of the Air Force, the Secretary of the Air
Force is authorized to utilize, modify, and operate the six F-35A
aircraft designated as AT-1 through AT-6 that are possessed by the
United Government and currently reside in long-term storage at Edwards
Air Force Base, California.
(b) Notice on Approval.--Not later than 15 days after the Secretary
of Defense provides written approval to the Secretary of the Air Force
as described in subsection (a), the Secretary of Defense shall provide
a copy of the written approval to the congressional defense committees.
SEC. 137. F-35 AIRCRAFT GUN SYSTEM AMMUNITION.
The Director of the F-35 Joint Program Office shall, in
consultation with the Secretary of the Air Force, take appropriate
actions to ensure that any 25mm ammunition fielded for use by F-35A
aircraft--
(1) provides effective full-spectrum target engagement
capability; and
(2) meets the required operational employment probability of
kill specifications for the F-35A aircraft.
SEC. 138. 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 inserting
``, or for fiscal year 2021,'' after ``for fiscal year 2020''.
SEC. 139. MODIFICATION TO LIMITATION ON RETIREMENT OF U-2 AND RQ-4
AIRCRAFT.
Section 136 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1317) is amended by striking
subsection (b) and inserting the following new subsection (b):
``(b) Waiver.--The Secretary of Defense may waive a certification
requirement under paragraphs (1) or (2) of subsection (a) with respect
to U-2 aircraft or RQ-4 aircraft if the Secretary--
``(1) with respect to the requirement under paragraph (1) of
that subsection--
``(A) determines, after analyzing sufficient and relevant
data, that a greater capability is worth increased operating
and sustainment costs; and
``(B) provides to the appropriate committees of Congress a
certification on such determination and supporting analysis;
and
``(2) with respect to the requirement under paragraph (2) of
that subsection--
``(A) determines, after analyzing sufficient and relevant
data, that a loss in capacity and capability will not prevent
the combatant commands from accomplishing their missions at
acceptable levels of risk; and
``(B) provides to the appropriate committees of Congress a
certification of such determination and supporting analysis.''.
SEC. 140. MODIFICATION OF LIMITATION ON AVAILABILITY OF FUNDS FOR
RETIREMENT OF E-8 JSTARS AIRCRAFT.
Section 147 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is
amended--
(1) in subsection (a), 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) a capability with sufficient capacity to replace the
current fleet of 16 E-8 Joint Surveillance Target Attack Radar
System aircraft in a manner that meets global combatant command
requirements; and
``(B) potential global basing locations for such
capability; and
``(2) such replacement capability delivers capabilities that
are comparable or superior to the capabilities delivered by such
aircraft.''; and
(2) in subsection (c)--
(A) in paragraph (3), by striking ``Increment 1, 2, and
3''; and
(B) in paragraph (4), by striking ``until Increment 2 of
the Advanced Battle-Management System declares initial
operational capability'' and inserting ``until the Advanced
Battle Management System delivers equivalent capability''.
SEC. 141. LIMITATION ON DIVESTMENT OF F-15C AIRCRAFT WITHIN THE
EUROPEAN THEATER.
(a) In General.--The Secretary of the Air Force may not divest any
F-15C aircraft within the area of responsibility of the United States
European Command until 180 days after the report required by subsection
(b) is submitted to the congressional defense committees.
(b) Report.--
(1) In general.--Not later than March 1, 2021, the Commander of
the United States European Command shall, in consultation with the
Commander of United States Air Forces Europe, submit to the
congressional defense committees a report that describes the
strategy, force structure construct and capacity, and strategy
implementation plan to replace the capability and capacity provided
by the F-15C aircraft in the area of responsibility of the United
States European Command in a manner that maintains an inherent and
equal or better air superiority capability and capacity to that
provided by the F-15C aircraft in that area of responsibility.
(2) Form.--The report under paragraph (1) shall submitted in
unclassified form, but may contain a classified annex.
SEC. 142. 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 future missions anticipated to be 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 anticipated 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. 143. 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 place in storage or on backup
aircraft inventory status, or prepare to retire, divest, realign, or
place in storage or on backup aircraft inventory status, any RC-26B
aircraft.
(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 mishap or other damage.
(c) Funding for Aircraft Platform.--
(1) Of the amount authorized to be appropriated for fiscal year
2021 by section 301 for operation and maintenance and available for
operation and maintenance, Air National Guard, as specified in the
funding table in section 4301, 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 for fiscal year
2021 by section 421 and available for military personnel for
military personnel, Air National Guard, specified in the funding
table in section 4401, the Secretary of the Air Force may transfer
up to $13,000,000 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. 144. PROHIBITION ON FUNDING FOR CLOSE AIR SUPPORT INTEGRATION
GROUP.
No funds authorized to be appropriated by this Act may be obligated
or expended for the Close Air Support Integration Group (CIG) or its
subordinate units at Nellis Air Force Base, Nevada, and the Air Force
may not utilize personnel or equipment in support of the CIG or its
subordinate units.
SEC. 145. REQUIRED SOLUTION FOR KC-46 AIRCRAFT REMOTE VISUAL SYSTEM
LIMITATIONS.
The Secretary of the Air Force shall develop and implement a
complete, permanent solution to the KC-46 aircraft remote visual system
(RVS) operational limitations. Not later than February 1, 2021, the
Secretary shall submit to the congressional defense committees an
implementation strategy for the solution.
SEC. 146. ANALYSIS OF MOVING TARGET INDICATOR REQUIREMENTS AND
ADVANCED BATTLE MANAGEMENT SYSTEM CAPABILITIES.
(a) Analysis.--Not later than April 1, 2021, the Secretary of the
Air Force, in consultation with the commanders of the combatant
commands, shall develop an analysis of current and future moving target
indicator requirements across the combatant commands and operational
and tactical level command and control capabilities the Advanced Battle
Management System (ABMS) will require when fielded.
(b) JROC Requirements.--
(1) In general.--Not later than 60 days after the Secretary of
the Air Force develops the analysis under subsection (a), the Joint
Requirements Oversight Council (JROC) shall certify that
requirements for the Advanced Battle Management System incorporate
the findings of the analysis.
(2) Congressional notification.--The Joint Requirements
Oversight Council shall notify the congressional defense committees
upon making the certification required under paragraph (1), and
provide a briefing on the requirements and findings described in
such paragraph not later than 30 days after such notification.
SEC. 147. STUDY ON MEASURES TO ASSESS COST-PER-EFFECT FOR KEY
MISSION AREAS.
(a) In General.--Not later than January 1, 2021, the Secretary of
the Air Force shall provide for the performance of an independent study
designed to devise new measures to assess cost-per-effect for key
mission areas of the Air Force. The study shall be conducted by a
Federally funded research and development center selected by the
Secretary for purposes of the study.
(b) Scope.--The study conducted pursuant to subsection (a) shall
address the following matters:
(1) Number of weapon systems required to meet a specified
mission goal.
(2) Number of personnel required to meet a specified mission
goal.
(3) Associated operation and maintenance costs necessary to
facilitate respective operational constructs.
(4) Basing requirements for respective force constructs.
(5) Mission support elements required to facilitate specified
operations.
(6) Defensive measures required to facilitate viable mission
operations.
(7) Attrition due to enemy countermeasures and other loss
factors associated with respective technologies.
(8) Associated weapon effects costs compared to alternative
forms of power projection.
(c) Implementation of Measures.--The Secretary shall, as the
Secretary considers appropriate, incorporate the findings of the study
conducted pursuant to subsection (a) into the future force development
processes of the Air Force. The measures--
(1) should be domain and platform agnostic;
(2) should focus on how best to achieve mission goals in future
operations; and
(3) shall consider including cost-per-effect metrics as a key
performance parameter for any Air Force acquisition programs that
enter the Joint Capabilities Integration and Development System
(JCIDS) requirements process of the Department of Defense.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 151. BUDGETING FOR LIFE-CYCLE COSTS OF AIRCRAFT FOR THE ARMY,
NAVY, AND AIR FORCE.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 231 the following new section:
``Sec. 231a. Budgeting for life-cycle costs of aircraft for the Army,
Navy, and Air Force: annual plan and certification
``(a) Annual Aircraft Procurement Plan and Certification.--Not
later than 30 days after the date on which the President submits to
Congress the budget for a fiscal year, the Secretary of Defense shall
submit to the congressional defense committees the following:
``(1) A plan for the procurement of the aircraft specified in
subsection (b) for each of the Department of the Army, the
Department of the Navy, and the Department of the Air Force
developed in accordance with this section.
``(2) A certification by the Secretary that both the budget for
such fiscal year and the future-years defense program submitted to
Congress in relation to such budget under section 221 of this title
provide for funding of the procurement of aircraft at a level that
is sufficient for the procurement of the aircraft provided for in
the plan under paragraph (1) on the schedule provided in the plan.
``(b) Covered Aircraft.--The aircraft specified in this subsection
are the aircraft as follows:
``(1) Fighter aircraft.
``(2) Attack aircraft.
``(3) Bomber aircraft.
``(4) Intertheater lift aircraft.
``(5) Intratheater lift aircraft.
``(6) Intelligence, surveillance, and reconnaissance aircraft.
``(7) Tanker aircraft.
``(8) Remotely piloted aircraft.
``(9) Rotary-wing aircraft.
``(10) Operational support and executive lift aircraft.
``(11) Any other major support aircraft designated by the
Secretary of Defense for purposes of this section.
``(c) Annual Aircraft Procurement Plan.--(1) The annual aircraft
procurement plan developed for a fiscal year for purposes of subsection
(a) should be designed so that the aviation force provided for under
the plan is capable of supporting the national military strategy of the
United States as set forth in the most recent National Defense Strategy
submitted under section 113(g) of this title and the most recent
National Military Strategy submitted under section 153(b) of this
title.
``(2) Each annual aircraft procurement plan shall include the
following:
``(A) A detailed program for the procurement of the aircraft
specified in subsection (b) for each of the Department of the Army,
the Department of the Navy, and the Department of the Air Force
over the next 15 fiscal years.
``(B) A description of the aviation force structure necessary
to meet the requirements of the national military strategy of the
United States.
``(C) The estimated levels of annual investment funding
necessary to carry out each aircraft program, together with a
discussion of the procurement strategies on which such estimated
levels of annual investment funding are based, set forth in
aggregate for the Department of Defense and in aggregate for each
military department.
``(D) The estimated level of annual funding necessary to
operate, maintain, sustain, and support each aircraft program
throughout the life-cycle of the program, set forth in aggregate
for the Department of Defense and in aggregate for each military
department.
``(E) For each of the cost estimates required by subparagraphs
(C) and (D)--
``(i) a description of whether the cost estimate is derived
from the cost estimate position of the military department
concerned or from the cost estimate position of the Office of
Cost Assessment and Program Evaluation;
``(ii) if the cost estimate position of the military
department and the cost estimate position of the Office of Cost
Assessment and Program Evaluation differ by more than 5 percent
for any aircraft program, an annotated cost estimate difference
and sufficient rationale to explain the difference;
``(iii) the confidence or certainty level associated with
the cost estimate for each aircraft program; and
``(iv) a certification that the calculations from which the
cost estimate is derived are based on common cost categories
used by the Under Secretary of Defense for Acquisition and
Sustainment for calculating the life-cycle cost of an aircraft
program.
``(F) An assessment by the Secretary of Defense of the extent
to which the combined aircraft forces of the Department of the
Army, the Department of the Navy, and the Department of the Air
Force meet the national security requirements of the United States.
``(3) For any cost estimate required by subparagraph (C) or (D) of
paragraph (2) for any aircraft program for which the Secretary is
required to include in a report under section 2432 of this title, the
source of the cost information used to prepare the annual aircraft plan
shall be derived from the Selected Acquisition Report data that the
Secretary plans to submit to the congressional defense committees in
accordance with subsection (f) of that section for the year for which
the annual aircraft procurement plan is prepared.
``(4) Each annual aircraft procurement plan shall be submitted in
unclassified form, and shall contain a classified annex. A summary
version of the unclassified report shall be made available to the
public.
``(d) Assessment When Aircraft Procurement Budget Is Insufficient
to Meet Applicable Requirements.--If the budget for any fiscal year
provides for funding of the procurement of aircraft for the Department
of the Army, the Department of the Navy, or the Department of the Air
Force at a level that is not sufficient to sustain the aviation force
structure specified in the aircraft procurement plan for such
Department for that fiscal year under subsection (a), the Secretary
shall include with the defense budget materials for that fiscal year an
assessment that describes the funding shortfall and discusses the risks
associated with the reduced force structure of aircraft that will
result from funding aircraft procurement at such level. The assessment
shall be coordinated in advance with the commanders of the combatant
commands.
``(e) Annual Report on Aircraft Inventory.--(1) As part of the
annual plan and certification required to be submitted under this
section, the Secretary shall include a report on the aircraft in the
inventory of the Department of Defense.
``(2) Each report under paragraph (1) shall include the following,
for the year covered by such report, the following:
``(A) The total number of aircraft in the inventory.
``(B) The total number of the aircraft in the inventory that
are active, stated in the following categories (with appropriate
subcategories for mission aircraft, training aircraft, dedicated
test aircraft, and other aircraft):
``(i) Primary aircraft.
``(ii) Backup aircraft.
``(iii) Attrition and reconstitution reserve aircraft.
``(C) The total number of the aircraft in the inventory that
are inactive, stated in the following categories:
``(i) Bailment aircraft.
``(ii) Drone aircraft.
``(iii) Aircraft for sale or other transfer to foreign
governments.
``(iv) Leased or loaned aircraft.
``(v) Aircraft for maintenance training.
``(vi) Aircraft for reclamation.
``(vii) Aircraft in storage.
``(D) The aircraft inventory requirements approved by the Joint
Chiefs of Staff.
``(3) Each report under paragraph (1) shall set forth each item
specified in paragraph (2) separately for the regular component of each
armed force and for each reserve component of each armed force and, for
each such component, shall set forth each type, model, and series of
aircraft provided for in the future-years defense program that covers
the fiscal year for which the budget accompanying the plan,
certification and report is submitted.
``(f) Budget Defined.--In this section, the term `budget' means the
budget of the President for a fiscal year as submitted to Congress
pursuant to section 1105 of title 31.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title is amended by inserting after the item relating
to section 231 the following new item:
``231a. Budgeting for life-cycle costs of aircraft for the Army, Navy,
and Air Force: annual plan and certification.''.
SEC. 152. TRANSFER OF RESPONSIBILITIES AND FUNCTIONS RELATING TO
ELECTROMAGNETIC SPECTRUM OPERATIONS.
(a) Transfer.--Not later than two years after the date of the
enactment of this Act and in accordance with the plan developed
pursuant to subsection (b), the Secretary of Defense shall transfer to
an appropriate entity within the Department of Defense all the
responsibilities and functions of the Commander of the United States
Strategic Command that are germane to electromagnetic spectrum
operations (EMSO), including--
(1) advocacy for joint electronic warfare capabilities;
(2) providing contingency electronic warfare support to other
combatant commands; and
(3) supporting combatant command joint training and planning
related to electromagnetic spectrum operations.
(b) Plan for Transfer of Responsibilities.--
(1) In general.--Not later than 180 days before the date of the
transfer of responsibilities required by subsection (a), the
Secretary shall develop a plan to carry out the transfer.
(2) Considerations.--In developing the plan required by
paragraph (1), the Secretary shall consider the following:
(A) All appropriate entities having potential for
designation as the receiving electromagnetic spectrum
operations organization, including elements of the Joint Staff,
the functional and geographic combatant commands, Department of
Defense offices and agencies, and other organizations,
including the establishment of a new entity for that purpose
within any such entity.
(B) Whether the receiving electromagnetic spectrum
operations organization should have a unitary structure or
hybrid structure (in which operational and capability
development and direction are headed by separate
organizations).
(C) The resources required by the receiving electromagnetic
spectrum operations organization to fulfill the
responsibilities and functions specified in subsection (a).
(D) The results of the evaluations carried out pursuant to
subsections (c) and (d).
(3) Submittal to congress.--Not later than 180 days before the
date of the transfer of responsibilities required by subsection
(a), the Secretary shall submit to Congress the following:
(A) The plan developed under paragraph (1).
(B) The construct and elements of the receiving
electromagnetic spectrum operations organization under the
plan, including the allocation of responsibilities among senior
officials in such organization.
(C) The analysis conducted to determine the electromagnetic
spectrum operations organization, including the input in the
plan or analysis of the results of consultation with any
independent entities involved in development of the plan.
(D) The resources required to implement the plan, and a
timeline for the receiving electromagnetic spectrum operations
organization to reach initial operational capability and full
operational capability.
(c) Evaluations of Armed Forces.--
(1) In general.--Not later than October 1, 2021, and annually
thereafter through 2025, the Chief of Staff of the Army, the Chief
of Naval Operations, the Chief of Staff of the Air Force, the
Commandant of the Marine Corps, and the Chief of Space Operations
shall each carry out an evaluation of the ability of the Armed
Force concerned to perform electromagnetic spectrum operations
missions required by each of the following:
(A) The Electromagnetic Spectrum Superiority Strategy.
(B) The Joint Staff-developed concept of operations for
electromagnetic spectrum operations.
(C) The operations and contingency plans of the combatant
commands.
(2) Elements.--Each evaluation under paragraph (1) shall
include assessment of the following:
(A) Current programs of record, including--
(i) the ability of weapon systems to perform missions
in contested electromagnetic spectrum environments; and
(ii) the ability of electronic warfare capabilities to
disrupt adversary operations.
(B) Future programs of record, including--
(i) the need for distributed or network-centric
electronic warfare and signals intelligence capabilities;
and
(ii) the need for automated and machine learning- or
artificial intelligence-assisted electronic warfare
capabilities.
(C) Order of battle.
(D) Individual and unit training.
(E) Tactics, techniques, and procedures, including--
(i) maneuver, distribution of assets, and the use of
decoys; and
(ii) integration of nonkinetic and kinetic fires.
(d) Evaluations of Combatant Commands.--
(1) In general.--Not later than October 1, 2021, and annually
thereafter through 2025, the Commander of the United States
European Command, the Commander of the United States Pacific
Command, and the Commander of the United States Central Command
shall each carry out an evaluation of the plans and posture of the
command concerned to execute the electromagnetic spectrum
operations envisioned in each of the following:
(A) The Electromagnetic Spectrum Superiority Strategy.
(B) The Joint Staff-developed concept of operations for
electromagnetic spectrum operations.
(2) Elements.--Each evaluation under paragraph (1) shall
include assessment of the following:
(A) Operation and contingency plans.
(B) The manning, organizational alignment, and capability
of joint electromagnetic spectrum operations cells.
(C) Mission rehearsal and exercises.
(D) Force positioning, posture, and readiness.
(e) Semiannual Briefing.--Not less frequently than twice each year
until January 1, 2026, the Vice Chairman of the Joint Chiefs of Staff
shall brief the Committees on Armed Services of the Senate and the
House of Representatives on the implementation of this section by each
of the Joint Staff, the Armed Forces, and the combatant commands.
SEC. 153. CRYPTOGRAPHIC MODERNIZATION SCHEDULES.
(a) Cryptographic Modernization Schedules Required.--Each of the
Secretaries of the military departments and the heads of relevant
Defense Agencies and Department of Defense Field Activities shall
establish and maintain a cryptographic modernization schedule that
specifies, for each pertinent weapon system, command and control
system, or data link under the jurisdiction of such Secretary or head,
including those that use commercial encryption technologies (as
relevant), the following:
(1) The last year of use for applicable cryptographic
algorithms.
(2) Anticipated key extension requests for systems where
cryptographic modernization is assessed to be overly burdensome and
expensive or to provide limited operational utility.
(3) The funding and deployment schedule for modernized
cryptographic algorithms, keys, and equipment over the future-years
defense program submitted to Congress pursuant to section 221 of
title 10, United States Code, in 2021 together with the budget of
the President for fiscal year 2022.
(b) Requirements for Chief Information Officer.--The Chief
Information Officer of the Department of Defense shall--
(1) oversee the construction and implementation of the
cryptographic modernization schedules required by subsection (a);
(2) establish and maintain an integrated cryptographic
modernization schedule for the entire Department of Defense,
collating the cryptographic modernization schedules required under
subsection (a); and
(3) in coordination with the Director of the National Security
Agency and the Joint Staff Director for Command, Control,
Communications, and Computers/Cyber, use the budget certification,
standard-setting, and policy-making authorities provided in section
142 of title 10, United States Code, to amend Armed Force and
Defense Agency and Field Activity plans for key extension requests
and cryptographic modernization funding and deployment that pose
unacceptable risk to military operations.
(c) Annual Notices.--Not later than January 1, 2022, and not less
frequently than once each year thereafter until January 1, 2026, the
Chief Information Officer and the Joint Staff Director shall jointly
submit to the congressional defense committees notification of all--
(1) delays to or planned delays of Armed Force and Defense
Agency and Field Activity funding and deployment of modernized
cryptographic algorithms, keys, and equipment over the previous
year; and
(2) changes in plans or schedules surrounding key extension
requests and waivers, including--
(A) unscheduled or unanticipated key extension requests;
and
(B) unscheduled or unanticipated waivers and nonwaivers of
scheduled or anticipated key extension requests.
SEC. 154. DEPARTMENT OF DEFENSE PARTICIPATION IN THE SPECIAL
FEDERAL AVIATION REGULATION WORKING GROUP.
(a) Designation of DoD Representatives.--The Secretary of Defense
shall designate the Department of Defense representatives to the
Special Federal Aviation Regulation Working Group.
(b) Limitation on Availability of Funds for OSD.--Of the aggregate
amount authorized to be appropriated by this Act for fiscal year 2021
and available for the Office of the Secretary of Defense, not more than
75 percent may be obligated or expended until the later of the
following:
(1) The date on which Secretary certifies, in writing, to the
appropriate committees of Congress that the Department
representatives to the Special Federal Aviation Regulation Working
Group have been designated as required by subsection (a).
(2) The date on which the Special Federal Aviation Regulation
Working Group submits to the appropriate committees of Congress
initial recommendations developed pursuant to subsection (b)(4) of
section 1748 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1847).
(c) Report on Findings and Recommendations.--
(1) In general.--Not later than June 30, 2021, the Special
Federal Aviation Regulation Working Group shall submit to the
appropriate committees of Congress a report setting forth the
findings and recommendations of the Working Group as developed
pursuant to subsection (b) of section 1748 of the National Defense
Authorization Act for Fiscal Year 2020.
(2) Conforming amendments.--Section 1748 of the National
Defense Authorization Act for Fiscal Year 2020 is amended--
(A) by striking subsection (d); and
(B) in subsection (e), by striking ``subsection (d)'' and
inserting ``section 154(c)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021''.
(d) Certification in Connection With Contracts With Foreign
Companies for Aviation Services Overseas.--
(1) In general.--Subject to paragraph (2), the Department of
Defense may not enter into a contract with a foreign company as
contracted aviation support to provide aviation services in an
overseas area unless the Secretary certifies, in writing, to the
appropriate committees of Congress each of the following:
(A) That the use of foreign companies to provide such
services in overseas areas is required for the national
security of the United States.
(B) That the Department has exhausted all available
authorities to use United States companies to provide such
services in overseas areas.
(2) Sunset.--The requirement in paragraph (1) shall expire on
the later of--
(A) the date on which the Special Federal Aviation
Regulation Working Group submits to the appropriate committees
of Congress the report required by subsection (c)(1); and
(B) the date on which the Secretary fully implements the
recommendations contained in that report.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) The term ``Special Federal Aviation Regulation Working
Group'' means the working group established pursuant to section
1748 of the National Defense Authorization Act for Fiscal Year
2020.
SEC. 155. INTEGRATED AIR AND MISSILE DEFENSE ASSESSMENT.
(a) Certification on Directive of IAMD Responsibilities and
Authorities.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall, in coordination with the
Chairman of the Joint Chiefs of Staff and the Secretaries of the
military departments, certify that Department of Defense Directive
5100.01 is current and accurate with respect to integrated air and
missile defense (IAMD) responsibilities and authorities in support of
joint and combined land, sea, air, space and special forces operations,
and in obtaining and maintaining air superiority or supremacy as
required.
(b) IAMD Assessment by Chairman of the Joint Chiefs of Staff.--
(1) In general.--The Chairman of the Joint Chiefs of Staff
shall, in coordination with the Secretaries of the military
departments and the Director of the Missile Defense Agency, conduct
a comprehensive classified assessment of threats to, and
capabilities and capacities of, current and planned integrated air
and missile defense technologies and force structure to meet the
requirements of the combatant commands in support of the National
Defense Strategy.
(2) Elements.--The assessment required by paragraph (1) shall
include the following:
(A) Characterization and analysis of current and emerging
threats, including the following:
(i) Cruise, hypersonic, and ballistic missiles.
(ii) Unmanned aerial systems.
(iii) Rockets and other indirect fire.
(iv) Specific and meaningfully varied examples within
each of clauses (i) through (iii).
(B) Analysis of current and planned integrated air and
missile defense capabilities to counter the threats
characterized and analyzed under subparagraph (A), including
the following:
(i) Projected timelines for development, procurement,
and fielding of needed capabilities to defend against
current and anticipated threats, based on intelligence
assessments of such threats.
(ii) Projected capability and capacity gaps in
addressing the threats characterized and assessed under
subparagraph (A), including a delineation of unfulfilled
integrated air and missile defense requirements by
combatant command.
(iii) Risk assessment of projected capability and
capacity gaps addressing integrated air and missile defense
requirements of the combatant commands and the National
Defense Strategy.
(iv) Opportunities for acceleration or need for
incorporation of interim capabilities to address current
and projected gaps.
(v) Opportunities to leverage allied contributions for
integrated air and missile defense capabilities and
capacities to meet requirements of the combatant commands.
(C) Assessment of the integrated air and missile defense
command, control, and intelligence systems and architecture,
including the following:
(i) A description of the integrated air and missile
defense architecture, and the component counter unmanned
aerial system (C-UAS) sub-architecture of such
architecture.
(ii) Identification of the critical command and control
(C2) systems.
(iii) Integration or interoperability of the command
and control systems.
(iv) Integration, interoperability, or compatibility of
the command and control systems with planned Joint All
Domain Command and Control (JADC2) architecture.
(3) Characterization.--
(A) In general.--In carrying out the assessment required by
paragraph (1), the Chairman shall clearly, on a technical and
operational basis, distinguish between distinctly different
threats in the same general class.
(B) Example.--The Chairman shall, for example, ensure that
the assessment is not limited to a broad characterization, such
as ``cruise missiles'', since such characterization does not
sufficiently distinguish between current cruise missiles and
emerging hypersonic cruise missiles, which may require
different capabilities to counter them.
(4) Interim briefing and report.--
(A) Interim briefing.--Not later than 60 days after the
date of the enactment of this Act, the Chairman shall brief the
Committees on Armed Services of the Senate and the House of
Representatives on the assessment under paragraph (1).
(B) Report.--Not later than 180 days after the date of the
enactment of this Act, the Chairman shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the findings of the assessment
conducted under paragraph (1).
(c) Secretary of the Military Department Briefings on Response to
IAMD Assessment.--
(1) In general.--Not later than 90 days after the submittal of
the report required by subsection (b)(4)(B), the Secretary of the
Army, the Secretary of the Navy, and the Secretary of the Air Force
shall each brief the Committees on Armed Services of the Senate and
the House of Representatives on the manner in which the military
department under the jurisdiction of such Secretary intends to
fulfill the global integrated air and missile defense requirements
of the combatant commands in accordance with Department of Defense
Directive 5100.01.
(2) Elements.--Each briefing under paragraph (1) shall include,
for the military department covered by such briefing, the
following:
(A) Analysis of current and planned integrated air and
missile defense capabilities to counter the threats
characterized and analyzed under subsection (b)(2)(A),
including the following:
(i) Projected timelines and costs for development,
procurement, and fielding of planned integrated air and
missile defense capabilities.
(ii) Projected capability gaps and an assessment of
associated risk.
(iii) Opportunities for acceleration or need for
incorporation of interim capabilities to address current
and projected gaps.
(B) Analysis of current and planned capacity to meet major
contingency plan requirements and ongoing global operations of
the combatant commands, including the following:
(i) Current and planned numbers of integrated air and
missile defense systems and formations, including
associated munitions.
(ii) Capacity gaps, and an assessment of associated
risk, in addressing combatant command requirements.
(iii) Operations tempo stress on integrated air and
missile defense formations and personnel.
(iv) Plans to sustain or to increase integrated air and
missile defense personnel and formations.
(C) Assessment of proponency and the distribution of
responsibility and authority for policy and program planning,
budgeting, and execution within the military department for
integrated air and missile defense and counter-unmanned aerial
systems, including the following:
(i) A description of the current proponency structure.
(ii) An assessment of the adequacy of the current
proponency structure to facilitate integrated air and
missile defense and counter unmanned aerial systems
functions for the Department of Defense.
(D) Assessment of the feasibility and advisability of
establishing one or more centers of excellence for integrated
air and missile defense, counter unmanned aerial systems, or
both for purposes of planing, organizing, and managing the
military department and joint force efforts to achieve a
functional capability and capacity to meet the requirements of
the combatant commands.
SEC. 156. JOINT STRATEGY FOR AIR BASE DEFENSE AGAINST MISSILE
THREATS.
(a) Strategy Required.--The Chief of Staff of the Air Force and the
Chief of Staff of the Army shall jointly develop and carry out a
strategy to address the defense of air bases and prepositioned sites
outside the continental United States against current and emerging
missile threats, as validated by the Defense Intelligence Agency.
(b) Certification and Strategy.--Not later than June 1, 2021, the
Chief of Staff of the Air Force and the Chief of Staff of the Army
shall jointly submit to the congressional defense committees the
following:
(1) A certification that the defense of air bases and
prepositioned sites outside the continental United States against
threats described in subsection (a) is being addressed jointly.
(2) The strategy developed pursuant to subsection (a).
SEC. 157. JOINT ALL DOMAIN COMMAND AND CONTROL REQUIREMENTS.
(a) Validation of Requirements by Joint Requirements Oversight
Council.--Not later than April 1, 2021, the Joint Requirements
Oversight Council (JROC) shall validate requirements for Joint All
Domain Command and Control (JADC2).
(b) Air Force Certification.--Immediately after the validation of
requirements pursuant to subsection (a), the Chief of Staff of the Air
Force shall submit to the congressional defense committees a
certification that the current Joint All Domain Command and Control
effort, including programmatic and architecture efforts, being led by
the Air Force will meet the requirements validated by the Joint
Requirements Oversight Council.
(c) Certification by Other Armed Forces.-- Not later than July 1,
2021, the chief of staff of each Armed Force other than the Air Force
shall submit to the congressional defense committees a certification
whether the efforts of such Armed Force on multi-domain command and
control are compatible with Joint All Domain Command and Control
architecture.
(d) Budgeting.--The Secretary of Defense shall incorporate the
expected costs for full development and implementation of Joint All
Domain Command and Control across the Department of Defense in fiscal
year 2022 in the budget of the President for fiscal year 2022 as
submitted to Congress under section 1105 of title 31, United States
Code.
SEC. 158. EXPANSION OF ECONOMIC ORDER QUANTITY CONTRACTING
AUTHORITY FOR F-35 AIRCRAFT PROGRAM.
Section 161(a)(2) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1246) is amended by
striking ``$574,000,000'' and inserting ``$1,035,793,000''.
SEC. 159. DOCUMENTATION RELATING TO THE F-35 AIRCRAFT PROGRAM.
The Secretary of Defense shall submit to the congressional defense
committees, not later than 15 days following Milestone C approval for
the F-35 aircraft program pursuant to section 2366c of title 10, United
States Code, or entering into a contract for the full-rate production
of F-35 aircraft, the documentation with respect to the F-35 aircraft
program as follows:
(1) A certification by the Under Secretary of Defense for
Acquisition and Sustainment that--
(A) all alternative supply contractors for parts, required
for the airframe and propulsion prime contractors of the F-35
aircraft program as a result of the removal of the Republic of
Turkey from the program, 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
program.
(2) A cost analysis, prepared by the joint program office for
the F-35 aircraft program, that assesses and defines--
(A) the manner in which 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) the manner in which the establishment of alternate
sources of production and sustainment of supply and repair
parts due to the removal of the Republic of Turkey from the
program will affect such unit cost.
(3) All reports required by 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 F-35
aircraft, identified as of the date of enactment of this Act that--
(A) 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) 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 for the F-35 aircraft 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 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 F-35 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 aircraft autonomic logistics
information system that has been identified as of the date of
enactment of this Act.
(9) A certification that the F-35A aircraft meets required
mission reliability performance using an average sortie duration of
2 hours and 30 minutes.
(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 for the F-35 aircraft, 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) The following:
(A) A complete list of hardware modifications that will be
required to integrate Block 4 capabilities into lot 16 and lot
17 production F-35 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 F-
35 aircraft.
SEC. 160. F-35 AIRCRAFT MUNITIONS.
Subject to the availability of appropriations, the Secretary of the
Air Force and the Secretary of the Navy shall, in coordination with the
Director of the F-35 Joint Program Office, certify for use by the Armed
Forces under the jurisdiction of such Secretary munitions for F-35
aircraft that are qualified on F-35 partner aircraft of North Atlantic
Treaty Organization (NATO) member nations as of the date of the
enactment of this Act.
SEC. 161. REDESIGN STRATEGY FOR THE AUTONOMIC LOGISTICS INFORMATION
SYSTEM FOR THE F-35 FIGHTER AIRCRAFT.
(a) In General.--Not later than March 1, 2021, the Under Secretary
of Defense for Acquisition and Sustainment shall, in consultation with
the Director of the F-35 Aircraft Joint Program Office, submit to the
congressional defense committees the following:
(1) A report describing a program-wide process for measuring,
collecting, and tracking information on the manner in which the F-
35 Autonomic Logistics Information System (ALIS) is affecting the
performance of the F-35 aircraft fleet, including its effects on
aircraft availability and mission capability and effectiveness
rates.
(2) A strategy and implementation plan for the F-35 Operational
Data Integrated Network (ODIN) system that is being developed to
replace the F-35 Autonomic Logistics Information System, including
an identification and assessment of goals, key risks or
uncertainties, system performance metrics, and costs of designing,
procuring, and fielding the F-35 Operational Data Integrated
Network system.
(b) Updates.--In each quarterly briefing required by section 155 of
the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public 115-232; 132 Stat. 1672) for a calendar quarter beginning
on or after January 1, 2022, the Under Secretary and the Director shall
include an update containing current information on the following:
(1) The manner in which the F-35 Autonomic Logistics
Information System is affecting fleet performance of the F-35
aircraft fleet.
(2) The progress being made to develop, procure, and field the
F-35 Operational Data Integrated Network system.
SEC. 162. BRIEFINGS ON SOFTWARE REGRESSION TESTING FOR F-35
AIRCRAFT.
During the quarterly briefing required by section 155 of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1672) covering a quarter in which
mission systems production software for the F-35 aircraft was released
to units operating such aircraft under the F-35 aircraft continuous
capability development and delivery program, the Under Secretary of
Defense for Acquisition and Sustainment shall, in consultation with the
Director of Operational Test and Evaluation, brief the congressional
defense committees with the following with respect to the missions
systems production software for the F-35 aircraft:
(1) An explanation of the types and methods of regression
testing that were completed for the production release of the
software concerned 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) An identification of any entities that conducted regression
testing of such 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 such software, or by operational units, after fielding of such
software, and an explanation of--
(A) any software modifications, including quick-reaction
capability, that were completed to resolve or mitigate such
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. 163. PROHIBITION 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 the Department of Defense may be used to,
and the Department may not--
(1) procure armed overwatch aircraft for the United States
Special Operations Command in fiscal year 2021; or
(2) procure armed overwatch aircraft for the Air Force in
fiscal years 2021 through 2023.
SEC. 164. ACCELERATION OF DEVELOPMENT AND FIELDING OF COUNTER
UNMANNED AIRCRAFT SYSTEMS ACROSS THE JOINT FORCE.
(a) Immediate Objective for Executive Agent for C-sUAS.--The
Executive Agent of the Joint Counter Small Unmanned Aircraft Systems
(C-sUAS) Office, as designated by the Under Secretary of Defense for
Acquisition and Sustainment, shall prioritize the objective of
developing and executing a plan to develop, test, and begin production
of a counter unmanned aircraft system that can be fielded as early as
fiscal year 2021 to meet immediate operational needs in countering
Group 1, 2, and 3 unmanned aircraft systems and, to the extent
practical, has the potential to counter other, larger unmanned aircraft
systems.
(b) Development and Fielding of C-sUAS Systems in Fiscal Year
2021.--In carrying out subsection (a), the Executive Agent shall
consider the selection of counter unmanned aircraft systems with
specific emphasis on systems that--
(1) have undergone successful realistic operational tests or
assessments, or have been or are currently deployed;
(2) will meet the operational requirements of deployed forces
facing current and anticipated unmanned aircraft system (UAS)
threats, including effectiveness against unmanned aircraft systems
that are not remotely piloted or are not reliant on a command link;
(3) use autonomous and semi-autonomous systems and processes;
(4) are affordable, with low operating and sustainment costs;
(5) build, to the extent practicable, upon systems that were
selected for fielding in fiscal year 2021;
(6) reduce or accelerate the timeline for initial operational
capability and full operational capability of the counter unmanned
aircraft system prioritized by subsection (a);
(7) enable the flexible and continuous integration of different
types of sensors and mitigation solutions based on the different
demands of particular military installations and deployed forces,
physical geographies, and threat profiles; and
(8) are or include systems or component parts that are
commercial items, as required by section 3307 of title 41, United
States Code, including a common command and control system.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Executive Agent shall brief the
congressional defense committees on the following:
(1) The selection process for counter unmanned aircraft system
capabilities prioritized by this section.
(2) The plan prioritized by subsection (a).
(d) Oversight.--The Executive Agent shall--
(1) oversee the execution of all counter unmanned aircraft
systems being developed by the military departments as of the day
before the date of the enactment of this Act; and
(2) ensure that the plan prioritized by subsection (a) guides
future programmatic and funding decisions for activities relating
to counter unmanned aircraft systems, including any cancellation of
such activities.
SEC. 165. AIRBORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
ACQUISITION ROADMAP FOR THE UNITED STATES SPECIAL OPERATIONS
COMMAND.
(a) In General.--Not later than December 1, 2021, the Assistant
Secretary of Defense for Special Operations and Low-Intensity Conflict
and the Commander of the United States Special Operations Command shall
jointly submit to the congressional defense committees an acquisition
roadmap to meet the manned and unmanned airborne intelligence,
surveillance, and reconnaissance requirements of United States Special
Operations Forces.
(b) Elements.--The roadmap required under subsection (a) shall
include the following:
(1) A description of the current platform requirements for
manned and unmanned airborne intelligence, surveillance, and
reconnaissance capabilities to support United States Special
Operations Forces.
(2) An analysis of the remaining service life of existing
manned and unmanned airborne intelligence, surveillance, and
reconnaissance capabilities currently operated by United States
Special Operations Forces.
(3) An identification of any current or anticipated gaps for
special operations-peculiar manned and unmanned airborne
intelligence, surveillance, and reconnaissance capabilities.
(4) A description of anticipated manned and unmanned
intelligence, surveillance, and reconnaissance platform
requirements of the United States Special Operations Forces,
including range, payload, endurance, ability to operate in
contested environments, and other requirements, as appropriate.
(5) A description of the manner in which the anticipated
requirements described in paragraph (4) are in alignment with the
National Defense Strategy and meet the challenge of strategic
competition and nation state intelligence collection requirements.
(6) An explanation of the anticipated mix of manned and
unmanned aircraft, number of platforms, and associated aircrew and
maintainers for support of United States Special Operations Forces.
(7) An explanation of the extent to which service-provided
manned and unmanned airborne intelligence, surveillance, and
reconnaissance capabilities will be required in support of United
States Special Operations Forces, and the manner in which such
capabilities will supplement and integrate with the organic
capabilities possessed by United States Special Operations Forces.
(8) Any other matters the Assistant Secretary and the Commander
jointly consider appropriate.
SEC. 166. PROHIBITION ON DIVESTITURE OF MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT OPERATED BY UNITED
STATES SPECIAL OPERATIONS COMMAND.
(a) Prohibition.--No funds authorized to be appropriated by this
Act may be used to divest any manned intelligence, surveillance, and
reconnaissance aircraft operated by the United States Special
Operations Command, and the Department of Defense may not divest any
manned intelligence, surveillance, and reconnaissance aircraft operated
by the United States Special Operations Command in fiscal year 2021.
(b) Exception.--The prohibition in subsection (a) does not apply to
any divestment of aircraft described in that subsection that is ongoing
as of the date of the enactment of this Act.
SEC. 167. 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).
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 requirements relating to certain cooperative
research and development agreements.
Sec. 212. Disclosure requirements for recipients of Department of
Defense research and development funds.
Sec. 213. Modification of national security innovation activities and
pilot program on strengthening the defense industrial and
innovation base.
Sec. 214. Updates to Defense Quantum Information Science and Technology
Research and Development program.
Sec. 215. Establishment of Directed Energy Working Group.
Sec. 216. Extension of pilot program for the enhancement of the
research, development, test, and evaluation centers of the
Department of Defense.
Sec. 217. Designation of senior officials for critical technology areas
supportive of the National Defense Strategy.
Sec. 218. Executive agent for Autonomy.
Sec. 219. National security innovation partnerships.
Sec. 220. Social science, management science, and information science
research activities.
Sec. 221. Accountability measures relating to the Advanced Battle
Management System.
Sec. 222. Activities to improve fielding of Air Force hypersonic
capabilities.
Sec. 223. Disclosure of funding sources in applications for Federal
research and development awards.
Sec. 224. Governance of fifth-generation wireless networking in the
Department of Defense.
Sec. 225. Demonstration project on use of certain technologies for
fifth-generation wireless networking services.
Sec. 226. Research, development, and deployment of technologies to
support water sustainment.
Sec. 227. Limitation on contract awards for certain unmanned vessels.
Subtitle C--Artificial Intelligence and Emerging Technology
Sec. 231. Modification of biannual report on the Joint Artificial
Intelligence Center.
Sec. 232. Modification of joint artificial intelligence research,
development, and transition activities.
Sec. 233. Board of advisors for the Joint Artificial Intelligence
Center.
Sec. 234. Application of artificial intelligence to the defense reform
pillar of the National Defense Strategy.
Sec. 235. Acquisition of ethically and responsibly developed artificial
intelligence technology.
Sec. 236. Steering committee on emerging technology.
Subtitle D--Education and Workforce Development
Sec. 241. Measuring and incentivizing programming proficiency.
Sec. 242. Modification of Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program.
Sec. 243. Improvements to Technology and National Security Fellowship of
Department of Defense.
Sec. 244. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions.
Sec. 245. Encouragement of contractor science, technology, engineering,
and mathematics (STEM) programs.
Sec. 246. Training program for human resources personnel in best
practices for technical workforce.
Sec. 247. Pilot program on the use of electronic portfolios to evaluate
certain applicants for technical positions.
Sec. 248. Pilot program on self-directed training in advanced
technologies.
Sec. 249. Part-time and term employment of university faculty and
students in the Defense science and technology enterprise.
Sec. 250. National security workforce and educational diversity
activities.
Sec. 251. Coordination of scholarship and employment programs of the
Department of Defense.
Sec. 252. Study on mechanisms for attracting and retaining high quality
talent in the Department of Defense.
Subtitle E--Sustainable Chemistry
Sec. 261. National coordinating entity for sustainable chemistry.
Sec. 262. Strategic plan for sustainable chemistry.
Sec. 263. Agency activities in support of sustainable chemistry.
Sec. 264. Partnerships in sustainable chemistry.
Sec. 265. Prioritization.
Sec. 266. Rule of construction.
Sec. 267. Major multi-user research facility project.
Subtitle F--Plans, Reports, and Other Matters
Sec. 271. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 272. Modification to Test Resource Management Center strategic plan
reporting cycle and contents.
Sec. 273. Modification of requirements relating to energetics plan to
include assessment of feasibility and advisability of
establishing a program office for energetics.
Sec. 274. Element in annual reports on cyber science and technology
activities on work with academic consortia on high priority
cybersecurity research activities in Department of Defense
capabilities.
Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting
Vehicle program.
Sec. 276. Microelectronics and national security.
Sec. 277. Independent evaluation of personal protective and diagnostic
testing equipment.
Sec. 278. Assessment on United States national security emerging
biotechnology efforts and capabilities and comparison with
adversaries.
Sec. 279. Annual reports regarding the SBIR program of the Department of
Defense.
Sec. 280. Reports on F-35 physiological episodes and mitigation efforts.
Sec. 281. Review and report on next generation air dominance
capabilities.
Sec. 282. Plan for operational test and utility evaluation of systems
for Low-Cost Attributable Aircraft Technology program.
Sec. 283. Independent comparative analysis of efforts by China and the
United States to recruit and retain researchers in national
security-related and defense-related fields.
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 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''; and
(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.''.
SEC. 212. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF DEPARTMENT OF
DEFENSE RESEARCH AND DEVELOPMENT FUNDS.
(a) Disclosure Requirements.--
(1) In general.--Chapter 139 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2374b. Disclosure requirements for recipients of research and
development funds
``(a) In General.--Except as provided in subsections (b) and (c),
an individual or entity (including a State or local government) that
uses funds received from the Department of Defense to carry out
research or development activities shall include, in any public
document pertaining to such activities, a clear statement indicating
the dollar amount of the funds received from the Department for such
activities.
``(b) Exception.--The disclosure requirement under subsection (a)
shall not apply to a public document consisting of fewer than 280
characters.
``(c) Waiver.--The Secretary of Defense may waive the disclosure
requirement under subsection (a) on a case-by-case basis.
``(d) Public Document Defined.--In this section, the term `public
document' means any document or other written statement made available
for public reference or use, regardless of whether such document or
statement is made available in hard copy or electronic format.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:
``2374b. Disclosure requirements for recipients of research and
development funds.''.
(b) Effective Date and Applicability.--The amendments made by
subsection (a) shall take effect on October 1, 2021, and shall apply
with respect to funds for research and development that are awarded by
the Department of Defense on or after that date.
SEC. 213. MODIFICATION OF NATIONAL SECURITY INNOVATION ACTIVITIES
AND PILOT PROGRAM ON STRENGTHENING THE DEFENSE INDUSTRIAL AND
INNOVATION BASE.
(a) National Security Innovation Activities.--Section 230 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) by striking subsection (h);
(2) by redesignating subsections (e) through (g) as subsections
(f) through (h), respectively;
(3) by inserting after subsection (d) the following new
subsection:
``(e) Advisory Assistance.--
``(1) In general.--The Under Secretary shall establish a
mechanism to seek advice from existing Federal advisory committees
on matters relating to--
``(A) the implementation and prioritization of activities
established under subsection (a); and
``(B) determining how such activities may be used to
support the overall technology strategy of the Department of
Defense.
``(2) Existing federal advisory committees defined.--In this
subsection, the term `existing Federal advisory committee' means an
advisory committee that--
``(A) is established pursuant to a provision of Federal law
other than this section; and
``(B) has responsibilities relevant to the activities
established under subsection (a), as determined by the Under
Secretary.''; and
(4) in paragraph (1) of subsection (g) (as so redesignated) by
striking ``strengthening manufacturing in the defense industrial
base'' and inserting ``strengthening the defense industrial and
innovation base''.
(b) Plan.--Not later than April 1, 2021, the Under Secretary of
Defense for Research and Engineering shall submit to the congressional
defense committees a plan that describes--
(1) the mechanism the Under Secretary will use to seek advice
from existing Federal advisory committees as required under section
230(e) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) (as
added by subsection (a) of this section); and
(2) the expected roles and responsibilities of such committees
with respect to advising the Under Secretary on the activities
established under section 230 of such Act.
(c) Pilot Program on Defense Industrial and Innovation Base.--
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 the section heading, by striking ``manufacturing in the
defense industrial base'' and inserting ``the defense industrial
and innovation base'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting
``and the defense innovation base'' after ``industrial base'';
(B) in paragraph (1), by inserting ``development,
prototyping, and manufacturing'' before ``production''; and
(C) in paragraph (2), by striking ``manufacturing and
production'' and inserting ``development, prototyping, and
manufacturing'';
(3) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) Section 230 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 2358 note).'';
(4) in subsection (c)--
(A) in paragraph (1), by striking ``manufacturing and
production'' and inserting ``development, prototyping, and
manufacturing'';
(B) in paragraph (3), by striking ``manufacturing and
production'';
(C) in paragraph (4), by striking ``manufacturers'' and
inserting ``companies''; and
(D) in paragraph (5), by striking ``manufacturers'' and
inserting ``companies'';
(5) 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
(6) in subsection (e), by striking ``January 31, 2022'' and
inserting ``January 31, 2027''.
SEC. 214. UPDATES TO DEFENSE QUANTUM INFORMATION SCIENCE AND
TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
Section 234 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) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Use of Quantum Computing Capabilities.--The Secretary of each
military department shall--
``(1) develop and annually update a list of technical problems
and research challenges which are likely to be addressable by
quantum computers available for use within in the next one to three
years, with a priority for technical problems and challenges where
quantum computing systems have performance advantages over
traditional computing systems, in order to enhance the capabilities
of such quantum computers and support the addressing of relevant
technical problems and research challenges; and
``(2) establish programs and enter into agreements with
appropriate medium and small businesses with functional quantum
computing capabilities to provide such private sector capabilities
to government, industry, and academic researchers working on
relevant technical problems and research activities.''.
SEC. 215. ESTABLISHMENT OF DIRECTED ENERGY WORKING GROUP.
Section 219 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note) is amended--
(1) in subsection (c)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4); and
(2) by adding at the end the following new subsection:
``(d) Directed Energy Working Group.--
``(1) In general.--Not later than 60 days after the date of the
enactment of the National Defense Authorization Act for fiscal year
2021, the Secretary of Defense shall establish a working group to
be known as the `Directed Energy Working Group'.
``(2) Responsibilities.--The Directed Energy Working Group
shall--
``(A) analyze and evaluate the current and planned directed
energy programs of each of the military departments;
``(B) make recommendations to the Secretary of Defense--
``(i) describing how memoranda of understanding may be
used to coordinate the directed energy activities conducted
by the Department of Defense using amounts authorized to be
appropriated for research, development, test, and
evaluation; and
``(ii) proposing the establishment of specific
memoranda of understanding between individual organizations
and elements of the Department of Defense to facilitate
such coordination;
``(C) identify methods of quickly fielding directed energy
capabilities and programs; and
``(D) 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.
``(3) Head of working group.--The head of the Directed Energy
Working Group shall be the Under Secretary of Defense for Research
and Engineering or the designee of the Under Secretary.
``(4) Membership.--The members of the Directed Energy Working
Group shall be appointed as follows:
``(A) One member from each military department, appointed
by the Secretary of the military department concerned.
``(B) One member appointed by the Under Secretary of
Defense for Research and Engineering.
``(C) One member appointed by the Under Secretary of
Defense for Acquisition and Sustainment.
``(D) One member appointed by the Director of the Strategic
Capabilities Office of the Department of Defense.
``(E) One member appointed by the Director of the Defense
Advanced Research Projects Agency.
``(F) One member appointed by the Director of Operational
Test and Evaluation.
``(G) One member appointed by the Director of the Missile
Defense Agency.
``(H) Such other members as may be appointed by the
Secretary of Defense from among individuals serving in the
Department of Defense.
``(5) Deadline for appointment.--Members of the Directed Energy
Working Group shall be appointed not later than 30 days after the
date of the establishment of the working group under paragraph (1).
``(6) Briefings to congress.--Not later than 180 days after the
date of the enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021, and not less
frequently than once every 180 days thereafter, the Directed Energy
Working Group shall provide to the congressional defense committees
a briefing on the progress of each directed energy program that is
being adopted or fielded by the Department of Defense.
``(7) Termination.--The Directed Energy Working Group
established under this subsection shall terminate 4 years after the
date of the enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021.''.
SEC. 216. 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 William M. (Mac) Thornberry 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
of Defense 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''.
(c) Extension of Pilot Program to Improve Incentives for Technology
Transfer From Department of Defense Laboratories.--Subsection (e) of
section 233 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 10 U.S.C. 2514 note) is amended to read as
follows:
``(e) Sunset.--The pilot program under this section shall terminate
on September 30, 2025.''.
SEC. 217. DESIGNATION OF SENIOR OFFICIALS FOR CRITICAL TECHNOLOGY
AREAS SUPPORTIVE OF THE NATIONAL DEFENSE STRATEGY.
(a) Designation of Senior Officials.--The Under Secretary of
Defense for Research and Engineering shall--
(1) identify technology areas that the Under Secretary
considers critical for the support of the National Defense
Strategy; and
(2) for each such technology area, designate a senior official
of the Department of Defense to coordinate research and engineering
activities in that area.
(b) Duties.--The duties of each senior official designated under
subsection (a) shall include, with respect to the technology area
overseen by such official--
(1) developing and continuously updating research and
technology development roadmaps, funding strategies, and technology
transition strategies to ensure--
(A) the effective and efficient development of new
capabilities in the area; and
(B) the operational use of appropriate technologies;
(2) conducting annual assessments of workforce, infrastructure,
and industrial base capabilities and capacity to support--
(A) the roadmaps developed under paragraph (1); and
(B) the goals of the National Defense Strategy;
(3) reviewing the relevant research and engineering budgets of
appropriate organizations within the Department of Defense,
including the Armed Forces, and advising the Under Secretary on--
(A) the consistency of the budgets with the roadmaps
developed under paragraph (1);
(B) any technical and programmatic risks to the achievement
of the research and technology development goals of the
National Defense Strategy;
(C) programs, projects, and activities that demonstrate--
(i) unwanted or inefficient duplication, including
duplication with activities of other government agencies
and the commercial sector;
(ii) lack of appropriate coordination with other
organizations; or
(iii) inappropriate alignment with organizational
missions and capabilities;
(4) coordinating the research and engineering activities of the
Department with appropriate international, interagency, and private
sector organizations; and
(5) tasking appropriate intelligence agencies of the Department
to develop a direct comparison between the capabilities of the
United States in the technology area concerned and the capabilities
of adversaries of the United States in that area.
(c) Annual Reports.--
(1) In general.--Not later than December 1, 2021, and not later
than December 1 of each year thereafter through December 1, 2025,
the Under Secretary shall submit to the congressional defense
committees a report on research and engineering activities and on
the status of the technology areas identified under subsection
(a)(1), including a description of any programs, projects, or
activities in such areas, that have, in the year preceding the date
of the report--
(A) achieved significant technical progress;
(B) transitioned from the research and development phase to
formal acquisition programs;
(C) transitioned from the research and development phase
into operational use; or
(D) been transferred from the Department of Defense to
private sector organizations for further commercial development
or commercial sales.
(2) Form.--Each report under paragraph (1) shall submitted in
unclassified form that can be made available to the public, but may
include a classified annex.
(d) Coordination of Research and Engineering Activities.--The
Service Acquisition Executive for each military department and the
Director of the Defense Advanced Research Projects Agency shall each
identify senior officials to ensure coordination of appropriate
research and engineering activities with each of the senior officials
designated under subsection (a).
(e) Conforming Amendments.--Section 218 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2358 note) is amended--
(1) in subsection (a) by striking the second sentence and
inserting ``The Office shall carry out the program and activities
described in subsections (b) and (c) and shall have such other
responsibilities relating to hypersonics as the Secretary shall
specify'';
(2) by striking subsections (b), (e) and (f);
(3) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively;
(4) in subsection (b)(1), as so redesignated, by striking
``provide the Office with'' and all that follows through the period
at the end and inserting ``provide the Office with foundational and
applied hypersonic research, development, and workforce support in
areas that the Office determines to be relevant for the Department
of Defense.'';
(5) in subsection (c), as so redesignated--
(A) in the matter preceding paragraph (1), by striking ``In
carrying out the program required by subsection (b), the
Office'' and inserting ``The Office'';
(B) by amending paragraph (1) to read as follows:
``(1) Expedite testing, evaluation, and acquisition of
hypersonic technologies to meet the stated needs of the warfighter,
including flight testing, ground-based-testing, and underwater
launch testing.'';
(C) by striking paragraphs (2) and (3);
(D) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (2), (3), (4), and (6), respectively;
(E) by amending paragraph (2), as so redesignated, to read
as follows:
``(2) Ensure prototyping demonstration programs on hypersonic
systems integrate advanced technologies to speed the maturation and
deployment of future hypersonic systems.'';
(F) by amending paragraph (3), as so redesignated, to read
as follows:
``(3) Ensure that any demonstration program on hypersonic
systems is carried out only if determined to be consistent with the
roadmap for the relevant critical technology area supportive of the
National Defense Strategy, as developed by the senior official with
responsibility for such area under section 217 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021.'';
(G) by amending paragraph (4), as so redesignated, to read
as follows:
``(4) Develop strategies and roadmaps for hypersonic
technologies to enable the transition of such technologies to
future operational capabilities for the warfighter.'';
(H) by inserting after paragraph (4), as so redesignated,
the following:
``(5) Develop and implement a strategy for enhancing the
current and future hypersonics workforce.''; and
(I) by amending paragraph (6), as so redesignated, to read
as follows:
``(6) Coordinate with relevant stakeholders and agencies to
support the technological advantage of the United States in
developing hypersonic systems.''.
SEC. 218. EXECUTIVE AGENT FOR AUTONOMY.
(a) In General.--Not later than February 1, 2022, the Secretary of
the Navy shall designate an existing program executive officer from
within the Department of the Navy to serve as the acquisition executive
agent for autonomy who shall be the official within the Department with
primary responsibility for the acquisition of autonomous technology.
The officer designated as acquisition executive agent for autonomy
shall carry out the responsibilities of such position in addition to
the responsibilities otherwise assigned to such officer as a program
executive officer.
(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. 219. NATIONAL SECURITY INNOVATION PARTNERSHIPS.
(a) Establishment.--The Secretary of Defense shall establish an
activity--
(1) to support partnerships between the Department of Defense
and academic institutions, private sector firms in defense and
commercial sectors, commercial accelerators and incubators,
commercial innovation hubs, public sector organizations, and
nonprofit entities with missions relating to national security
innovation;
(2) to expand the national security innovation base, including
through engagement with academia, defense industry, commercial
industry, government organizations, and the venture capital
community;
(3) to accelerate the transition of technologies and services
into acquisition programs and operational use;
(4) to work in coordination with the Under Secretary of Defense
for Personnel and Readiness, other organizations within the Office
of the Secretary, and the Armed Forces to create new pathways and
models of national security service that facilitate employment
within the Department;
(5) to facilitate engagement with entities described in
paragraph (1) for the purpose of developing solutions to national
security and defense problems articulated by entities within the
Department, including through programs such as the Hacking for
Defense program;
(6) to establish physical locations throughout the United
States to support partnerships with academic, government, and
private sector industry partners; and
(7) to enhance the capabilities of the Department in market
research, industrial and technology base awareness, source
selection, partnerships with private sector capital, and access to
commercial technologies.
(b) 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 title 10, United States Code, relating to
public-private talent exchanges.
(2) Section 2368 of title 10, United States Code, relating to
Centers for Science, Technology, and Engineering Partnerships.
(3) Section 2374a of title 10, United States Code, relating to
prizes for advanced technology achievements.
(4) Section 2474 of title 10, United States Code, relating to
Centers of Industrial and Technical Excellence.
(5) Section 2521 of title 10, United States Code, relating to
the Manufacturing Technology Program.
(6) Subchapter VI of chapter 33 of title 5, United States Code,
relating to assignments to and from States.
(7) Chapter 47 of title 5, United States Code, 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, United
States Code, relating to cooperative research and development
agreements.
(9) Such other authorities as the Secretary considers
appropriate.
(c) Implementation.--
(1) Support from other department of defense organizations.--
The Secretary of Defense may direct other organizations and
elements of the Department of Defense to provide personnel,
resources, and other support to the activity established under this
section, as the Secretary determines appropriate.
(2) Implementation plan.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a plan for
implementing the activity established under this section.
(B) Elements.--The plan required under subparagraph (A)
shall include the following:
(i) Plans that describe any support that will be
provided for the activity by other organizations and
elements of the Department of Defense under paragraph (1).
(ii) Plans for the implementation of the activity,
including plans for--
(I) future funding and administrative support of
the activity;
(II) integration of the activity into the
programming, planning, budgeting, and execution process
of the Department of Defense;
(III) integration of the activity with the other
programs and initiatives within the Department that
have missions relating to innovation and outreach to
the academic and the private sector ; and
(IV) performance indicators by which the activity
will be assessed and evaluated.
(iii) A description of any additional authorities the
Secretary may require to effectively carry out the
responsibilities under this section.
SEC. 220. 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 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, efficiency, and agility of the Department's
operational and management activities.
(2) 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.
(3) To enhance cooperation and collaboration on research and
development in the fields of social science, management science,
and information science between the Department of Defense and
appropriate private sector and international entities that are
involved in research and development in such fields.
(4) To accelerate the development of a research community and
industry to support Department of Defense missions in the fields of
social science, management science, and information science,
including the development of facilities, a workforce,
infrastructure, and partnerships in support of such missions.
(5) To coordinate all research and development within the
Department of Defense in the fields of social science, management
science, and information science.
(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 assess and appropriately share, with other departments
and agencies of the Federal Government and appropriate entities in
the private sector--
(A) challenges within the Department of Defense that may be
addressed through the application of advances in social
science, management science, and information science; and
(B) datasets related to such challenges.
(8) To support the identification of organizational and
institutional barriers to the implementation of management and
organizational enhancements and best practices.
(9) To accelerate efforts--
(A) to transition, and deploy within the Department of
Defense, technologies and concepts derived from research and
development in the fields of social science, management
science, and information science; and
(B) to establish policies, procedures, and standards for
measuring the success of such efforts.
(10) To integrate knowledge from cross-disciplinary research
on--
(A) how factors relating to social science, management
science, and information science affect the global security
environment; and
(B) best practices for management in the public and private
sectors.
(11) To apply principles, tools, and methods from social
science, management science, and information science--
(A) to ensure the Department of Defense is more agile,
efficient, and effective in organizational management and in
deterring and countering current and emerging threats; and
(B) to support the National Defense Strategy.
(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 innovative defense-related management
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 Departmental management
challenges that--
(A) includes definitive milestones;
(B) provides for achieving specific technical goals;
(C) establishes pathways to address the operational and
management missions of the Department through--
(i) the evaluation of innovations and advances in
social science, management science, and information science
for potential implementation within the Department; and
(ii) implementation of such innovations and advances
within the Department, as appropriate; 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) improving awareness of--
(i) the fields of social science, management science,
and information science;
(ii) advances and innovations in such fields; and
(iii) and the ability of such advances and innovations
to enhance the efficiency and effectiveness of the
Department; and
(4) develop memoranda of agreement, joint funding agreements,
and such other cooperative arrangements as the Under Secretary
determines necessary--
(A) to carry out the program under subsection (a); and
(B) to transition appropriate products, services, and
innovations relating social science, management science, and
information science into use within the Department.
(e) Guidance Required.--
(1) In general.--Not later than one year 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 protect national security interests; and
(C) ensuring that research findings and innovations in the
fields of social science, management science, and information
science are incorporated into the activities and strategic
documents of the Department.
(2) Updates.--The Under Secretary of Defense for Research and
Engineering shall regularly update the guidance issued under
paragraph (1).
(f) Designation of Entity.--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, an academic institution, or another appropriate
organization, to support interdisciplinary research and development
activities in the fields of social science, management science, and
information science, and engage with appropriate public 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.
(g) Use of Other Authority.--The Secretary of Defense shall use the
authority provided under section 217 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
2358 note) to enhance the ability of the Department of Defense to
access technical talent and expertise at academic institutions in
support of the purposes of this section.
(h) Report.--
(1) In general.--Not later than December 31, 2022, the
Secretary of Defense shall submit to the congressional defense
committees a report on the program under subsection (a).
(2) Form of report.--The report required under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 221. ACCOUNTABILITY MEASURES RELATING TO THE ADVANCED BATTLE
MANAGEMENT SYSTEM.
(a) Cost Assessments.--
(1) Initial cost estimate.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Air Force,
in consultation with the Director of Cost Assessment and Program
Evaluation, shall--
(A) define key technical, programmatic, and operational
characteristics for the Advanced Battle Management System; and
(B) produce an initial cost estimate for the System that
includes--
(i) estimated costs for each product category described
in the report submitted to Congress under section 236 the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1281); and
(ii) a description of each cost estimating methodology
used in the preparation of the estimate.
(2) Review and report.--Not later than 120 days after the
completion of the estimate required under paragraph (1), the Air
Force Cost Analysis Agency shall--
(A) conduct a non-advocate cost assessment of the estimate;
and
(B) submit to the congressional defense committees and the
Government Accountability Office a report on the results of the
assessment.
(b) Program Update Briefings.--
(1) In general.--Beginning not later than January 1, 2021, and
on a quarterly basis thereafter, the Secretary of the Air Force
shall provide to the congressional defense committees a program
update briefing on the Advanced Battle Management System and all
associated technologies.
(2) Elements.--Each briefing under paragraph (1) shall
include--
(A) 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--
(i) the objectives achieved by the exercise and any
data collected for the purposes of decision making;
(ii) identification of the portions of the exercise
that were scripted and unscripted and any technical
workarounds or substitutes used for purposes of the
exercise; and
(iii) 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
(iv) the total cost of the exercise and a breakdown of
the costs with respect to technology, range and
demonstration resources, personnel, and logistics; and
(B) such other information as the Secretary of the Air
Force determines appropriate.
(c) Report on Security and Resiliency 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 and resiliency of the Advanced Battle Management
System, including a description of any information assurance and anti-
tamper requirements for the System.
(d) Additional Report and Briefings.--Not later than April 1, 2021,
the Secretary of the Air Force shall submit to the congressional
defense committees the following:
(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 most recent future-
years defense program submitted under section 221 of title 10,
United States Code, as of the date of the report.
(2) Briefing on acquisition authorities.--A briefing 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
Assistant Secretary of the Air Force for Acquisition, Technology,
and Logistics, the Chief Architect Integration Office, the Air
Force Warfighting Integration Capability, and other entities within
the Department of the Air Force that are expected provide
capabilities for the System.
(3) Briefing on alignment with common mission control center.--
A briefing, which may be provided 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.
(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).
(f) Conforming Repeal.--Section 147(g) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1670) is repealed.
SEC. 222. ACTIVITIES TO IMPROVE FIELDING OF AIR FORCE HYPERSONIC
CAPABILITIES.
(a) Improvement of Ground-based Test Facilities.--The Secretary of
Defense shall take such actions as may be necessary to improve ground-
based test facilities used for the research, development, test, and
evaluation of hypersonic capabilities.
(b) Increasing Flight Test Rate.--The Secretary of Defense shall
increase the rate at which hypersonic capabilities are flight tested to
expedite the maturation and fielding of such capabilities.
(c) Strategy and Plan.--Not later than 60 days after the date of
the enactment of this Act, the Chief of Staff of the Air Force, in
consultation with the Under Secretary of Defense for Research and
Engineering, shall submit to the congressional defense committees a
strategy and plan for fielding air-launched and air-breathing
hypersonic weapons capabilities within the period of three years
following such date of enactment.
(d) Report.--In addition to the strategy and plan required under
subsection (c), not later than 60 days after the date of the enactment
of this Act, the Under Secretary of Defense for Research and
Engineering, in consultation with the Director of Operational Test and
Evaluation, shall submit to the congressional defense committees a
report on the testing capabilities and infrastructure used for
hypersonic weapons development. The report shall include--
(1) an assessment of the sufficiency of the testing
capabilities and infrastructure used for fielding hypersonic
weapons; and
(2) a description of any investments in testing capabilities
and infrastructure that may be required to support in-flight and
ground-based testing for such weapons.
SEC. 223. DISCLOSURE OF FUNDING SOURCES IN APPLICATIONS FOR FEDERAL
RESEARCH AND DEVELOPMENT AWARDS.
(a) Disclosure Requirement.--Each Federal research agency shall
require, as part of any application for a research and development
award from such agency--
(1) that each covered individual listed on the application--
(A) disclose the amount, type, and source of all current
and pending research support received by, or expected to be
received by, the individual as of the time of the disclosure;
(B) certify that the disclosure is current, accurate, and
complete; and
(C) agree to update such disclosure at the request of the
agency prior to the award of support and at any subsequent time
the agency determines appropriate during the term of the award;
and
(2) that any entity applying for such award certify that each
covered individual who is employed by the entity and listed on the
application has been made aware of the requirements 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(a) 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) Rejection for violation of law or agency terms.--A Federal
research agency may reject an application for a research and
development award if the current and pending research support
disclosed by an individual under subsection (a) violates Federal
law or agency terms and conditions.
(2) Enforcement for noncompliance.--Subject to paragraph (3),
in the event that a covered individual listed on an entity's
application for a research and development award knowingly fails to
disclose information under subsection (a), a Federal research
agency may take one or more of the following actions:
(A) Reject the application.
(B) Suspend or terminate a research and development award
made by that agency to the individual or entity.
(C) Temporarily or permanently discontinue any or all
funding from that agency for the individual or entity.
(D) Temporarily or permanently suspend or debar the
individual or entity in accordance with part 180 of title 2,
Code of Federal Regulations, any successor regulation, or any
other appropriate law or regulation, from receiving government
funding.
(E) Refer the failure to disclose under subsection (a) to
the Inspector General of the agency concerned for further
investigation or to Federal law enforcement authorities to
determine whether any criminal or civil laws were violated.
(F) Place the individual or entity in the Federal Awardee
Performance and Integrity Information System for noncompliance
to alert other agencies.
(G) Take such other actions against the individual or
entity as are authorized under applicable law or regulations.
(3) Special rule for enforcement against entities.--An
enforcement action described in paragraph (2) may be taken against
an entity only in a case in which--
(A) the entity did not meet the requirements of subsection
(a)(2);
(B) the entity knew that a covered individual failed to
disclose information under subsection (a)(1) and the entity did
not take steps to remedy such nondisclosure before the
application was submitted; or
(C) the head of the Federal research agency concerned
determines that--
(i) the entity is owned, controlled, or substantially
influenced by a covered individual; and
(ii) such individual knowingly failed to disclose
information under subsection (a)(1).
(4) Notice.--A Federal research agency that intends to take
action under paragraph (1) or (2) shall, as practicable and in
accordance with part 180 of title 2, Code of Federal Regulations,
any successor regulation, or any other appropriate law or
regulation, notify each individual or entity subject to such action
about the specific reason for the action, and shall provide such
individuals and entities with the opportunity to, and a process by
which, to contest the proposed action.
(5) Evidentiary standards.--A Federal research agency seeking
suspension or debarment under paragraph (2)(D) shall abide by the
procedures and evidentiary standards set forth in part 180 of title
2, Code of Federal Regulations, any successor regulation, or any
other appropriate law or regulation.
(d) Definitions.--In this section:
(1) The term ``covered individual'' means an individual who--
(A) contributes in a substantive, meaningful way to the
scientific development or execution of a research and
development project proposed to be carried out with a research
and development award from a Federal research agency; and
(B) is designated as a covered individual by the Federal
research agency concerned.
(2) The term ``current and pending research support''--
(A) means all resources made available, or expected to be
made available, to an individual in support of the individual's
research and development efforts, regardless of--
(i) whether the source of the resource is foreign or
domestic;
(ii) whether the resource is made available through the
entity applying for a research and development award or
directly to the individual; or
(iii) whether the resource has monetary value; and
(B) includes in-kind contributions requiring a commitment
of time and directly supporting the individual's research and
development efforts, such as the provision of office or
laboratory space, equipment, supplies, employees, or students.
(3) The term ``entity'' means an entity that has applied for or
received a research and development award from a Federal research
agency.
(4) The term ``Federal research agency'' means any Federal
agency with an annual extramural research expenditure of over
$100,000,000.
(5) The term ``research and development award'' means support
provided to an individual or entity by a Federal research agency to
carry out research and development activities, which may include
support in the form of a grant, contract, cooperative agreement, or
other such transaction. The term does not include a grant,
contract, agreement or other transaction for the procurement of
goods or services to meet the administrative needs of a Federal
research agency.
SEC. 224. GOVERNANCE OF FIFTH-GENERATION WIRELESS NETWORKING IN THE
DEPARTMENT OF DEFENSE.
(a) Transition of 5G Wireless Networking to Operational Use.--
(1) Transition plan required.--The Under Secretary of Defense
for Research and Engineering, in consultation with the cross
functional team established under subsection (c), shall develop a
plan to transition fifth-generation (commonly known as ``5G'')
wireless technology to operational use within the Department of
Defense.
(2) Elements.--The transition plan under paragraph (1) shall
include the following:
(A) A timeline for the transition of responsibility for 5G
wireless networking to the Chief Information Officer, as
required under subsection (b)(1).
(B) A description of the roles and responsibilities of the
organizations and elements of the Department of Defense with
respect to the acquisition, sustainment, and operation of 5G
wireless networking for the Department, as determined by the
Secretary of Defense in accordance with subsection (d).
(3) Interim briefing.--Not later than March 31, 2021 the
Secretary of Defense shall provide to the congressional defense
committees a briefing on the status of the plan required under
paragraph (1).
(4) Final report.--Not later than September 30, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report that includes the plan developed under
paragraph (1).
(b) Senior Official for 5G Wireless Networking.--
(1) Designation of chief information officer.--Not later than
October 1, 2023, the Secretary of Defense shall designate the Chief
Information Officer as the senior official within Department of
Defense with primary responsibility for--
(A) policy, oversight, guidance, research, and coordination
on matters relating to 5G wireless networking; and
(B) making proposals to the Secretary on governance,
management, and organizational policy for 5G wireless
networking.
(2) Role of under secretary of defense for research and
engineering.--The Under Secretary of Defense for Research and
Engineering shall carry out the responsibilities specified in
paragraph (1) until the date on which the Secretary of Defense
designates the Chief Information Officer as the senior official
responsible for 5G wireless networking under such paragraph.
(c) Cross-functional Team for 5G Wireless Networking.--
(1) Establishment.--Using the authority provided under section
911(c) of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 10 U.S.C. 111 note), the Secretary of
Defense shall establish a cross-functional team for 5G wireless
networking.
(2) Duties.--The duties of the cross-functional team
established under paragraph (1) shall be--
(A) to assist the Secretary of Defense in determining the
roles and responsibilities of the organizations and elements of
the Department of Defense with respect to the acquisition,
sustainment, and operation of 5G wireless networking, as
required under subsection (d);
(B) to assist the senior official responsible for 5G
wireless networking in carrying out the responsibilities
assigned to such official under subsection (b);
(C) to oversee the implementation of the strategy developed
under section 254 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2223a note) for
harnessing 5G wireless networking technologies, coordinated
across all relevant elements of the Department;
(D) to advance the adoption of commercially available,
next-generation wireless communication technologies,
capabilities, security, and applications by the Department and
the defense industrial base; and
(E) to support public-private partnerships between the
Department and industry on matters relating to 5G wireless
networking;
(F) to coordinate research and development, implementation
and acquisition activities, warfighting concept development,
spectrum policy, industrial policy and commercial outreach and
partnership relating to 5G wireless networking in the
Department, and interagency and international engagement;
(G) to integrate the Department's 5G wireless networking
programs and policies with major initiatives, programs, and
policies of the Department relating to secure microelectronics
and command and control; and
(H) to oversee, coordinate, execute, and lead initiatives
to advance 5G wireless network technologies and associated
applications developed for the Department.
(3) Team leader.--The Under Secretary of Defense for Research
and Engineering shall lead the cross-functional team established
under paragraph (1) until the date on which the Secretary of
Defense designates the Chief Information Officer as the senior
official responsible for 5G wireless networking as required under
subsection (b)(1). Beginning on the date of such designation, the
Chief Information Officer shall lead the cross functional team.
(d) Determination of Organizational Roles and Responsibilities.--
The Secretary of Defense, acting through the cross-functional team
established under subsection (c), shall determine the roles and
responsibilities of the organizations and elements of the Department of
Defense with respect to the acquisition, sustainment, and operation of
5G wireless networking for the Department, including the roles and
responsibilities of the Office of the Secretary of Defense, the
intelligence components of the Department, Defense Agencies and
Department of Defense Field Activities, the Armed Forces, combatant
commands, and the Joint Staff.
(e) Briefing.--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 briefing on the progress of the
Secretary in--
(1) establishing the cross-functional team under subsection
(c); and
(2) determining the roles and responsibilities of the
organizations and elements of the Department of Defense with
respect to 5G wireless networking as required under subsection (d).
(f) 5G Procurement Decisions.--Each Secretary of a military
department shall be responsible for decisions relating to the
procurement of 5G wireless technology for that department.
(g) Telecommunications Security Program.--
(1) Program required.--The Secretary of Defense shall carry out
a program to identify and mitigate vulnerabilities in the 5G
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
systems, subsystems, devices, and components of the Department
of Defense 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;
(D) verify the efficacy of the physical security measures
used at Department locations where system design, fabrication,
integration, configuration, storage, test, and documentation of
5G technology occurs;
(E) direct the Chief Information Officer to assess, using
existing government evaluation models and schema where
applicable, 5G core service providers whose services will be
used by the Department 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 non-commercial,
government-transiting packet streams for 5G data on frequencies
assigned to the Department to validate the availability,
confidentiality, and integrity of the Department's
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.--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 telecommunications infrastructure of the Department of
Defense; and
(C) an explanation of how the Department plans to implement
such recommendations.
(h) Rule of Construction.--
(1) In general.--Nothing in this section shall be construed as
providing the Chief Information Officer immediate responsibility
for the activities of the Department of Defense in fifth-generation
wireless networking experimentation and science and technology
development.
(2) Purview of experimentation and science and technology
development.--The activities described in paragraph (1) shall
remain within the purview of the Under Secretary of Defense for
Research and Engineering, but shall inform and be informed by the
activities of the cross-functional team established pursuant to
subsection (c).
SEC. 225. DEMONSTRATION PROJECT ON USE OF CERTAIN TECHNOLOGIES FOR
FIFTH-GENERATION WIRELESS NETWORKING SERVICES.
(a) Demonstration Project.--The Secretary of Defense shall carry
out a demonstration project to evaluate the maturity, performance, and
cost of covered technologies to provide additional options for
providers of fifth-generation wireless network services.
(b) Location.--The Secretary of Defense shall carry out the
demonstration project under subsection (a) in at least one location
where the Secretary plans to deploy a fifth-generation wireless
network.
(c) Coordination.--The Secretary shall carry out the demonstration
project under subsection (a) in coordination with at least one major
wireless network service provider based in the United States.
(d) Covered Technologies Defined.--In this section, the term
``covered technologies'' means--
(1) a disaggregated or virtualized radio access network and
core in which components can be provided by different vendors and
interoperate through open protocols and interfaces, including those
protocols and interfaces utilizing the Open Radio Access Network
(commonly known as ``Open RAN'' or ``oRAN'') approach; and
(2) one or more massive multiple-input, multiple-output radio
arrays, provided by one or more companies based in the United
States, that have the potential to compete favorably with radios
produced by foreign companies in terms of cost, performance, and
efficiency.
SEC. 226. RESEARCH, DEVELOPMENT, AND DEPLOYMENT OF TECHNOLOGIES TO
SUPPORT WATER SUSTAINMENT.
(a) In General.--The Secretary of Defense shall research, develop,
and deploy advanced water harvesting technologies to support and
improve water sustainment within the Department of Defense and in
geographic regions where the Department operates.
(b) Required Activities.--In carrying out subsection (a), the
Secretary shall--
(1) develop advanced water harvesting systems that reduce
weight and logistics support needs compared to conventional water
supply systems, including--
(A) modular water harvesting systems that are easily
transportable; and
(B) trailer mounted water harvesting systems that reduce
resupply needs;
(2) develop and implement storage requirements for water
harvesting systems at forward operating bases; and
(3) establish cross functional teams to identify geographic
regions where the deployment of water harvesting systems could
reduce conflict and potentially eliminate the need for the presence
of the Armed Forces.
(c) Additional Activities.--In addition to the activities required
under subsection (b), the Secretary shall--
(1) seek to leverage existing water harvesting techniques and
technologies and apply such techniques and technologies to military
operations carried out by the United States;
(2) consider using commercially available off-the-shelf items
(as defined in section 104 of title 41, United States Code) and
near-ready deployment technologies to achieve cost savings and
improve the self sufficiency of warfighters; and
(3) seek to enter into information sharing arrangements with
foreign militaries and other organizations that have the proven
ability to operate in water constrained areas for the purpose of
sharing lessons learned and best practices relating to water
harvesting.
(d) Implementation.--The Secretary shall deploy technologies
developed under subsection (b)(1) for use by expeditionary forces not
later than January 1, 2025.
(e) Water Harvesting Defined.--In this section, the term ``water
harvesting'', when used with respect to a system or technology, means a
system or technology that is capable of creating useable water by--
(1) harvesting water from underutilized environmental sources,
such as by capturing water from ambient humidity; or
(2) recycling or otherwise reclaiming water that has previously
been used.
SEC. 227. LIMITATION ON CONTRACT AWARDS FOR CERTAIN UNMANNED
VESSELS.
(a) Limitation.--Not less than 30 days before awarding a contract
using any funds from the Research, Development, Test, and Evaluation,
Navy account for the purchase of a covered vessel, the Secretary of the
Navy shall submit to the congressional defense committees a report and
certification described in subsection (c) for such contract and covered
vessel.
(b) Covered Vessels.--For purposes of this section, a covered
vessel is one of the following:
(1) A large unmanned surface vessel (LUSV).
(2) A medium unmanned surface vehicle (MUSV).
(c) Report and Certification Described.--A report and certification
described in this subsection regarding a contract for a covered vessel
is--
(1) a report--
(A) submitted to the congressional defense committees not
later than 60 days after the date of the completion of an
independent technical risk assessment for such covered vessel;
(B) on the findings and recommendations of the Senior
Technical Authority for the class of naval vessels that
includes the covered vessel with respect to such assessment;
and
(C) that includes such assessment; and
(2) a certification, submitted to the congressional defense
committees with the report described in paragraph (1), that
certifies that--
(A) the Secretary has determined, in conjunction with the
Senior Technical Authority for the class of naval vessels that
includes the covered vessel, that the critical mission, hull,
mechanical, and electrical subsystems of the covered vessel--
(i) have been demonstrated in vessel-representative
form, fit, and function; and
(ii) have achieved performance levels equal to or
greater than applicable Department of Defense threshold
requirements for such class of vessels or have maturation
plans in place to achieve such performance levels prior to
transition to a program of record, including a detailed
description of such achieved performance or maturation
plans; and
(B) such contract is necessary to meet Department research,
development, test, and evaluation objectives for such covered
vessel that cannot otherwise be met through further land-based
subsystem prototyping or other demonstration approaches.
(d) Limitation on Weapon Integration.--
(1) In general.--The Secretary may not integrate any offensive
weapon system into a covered vessel until the date that is 30 days
after the date on which the Secretary of the Defense certifies to
the congressional defense committees that such covered vessel--
(A) will comply with applicable laws, including the law of
armed conflict, with a detailed explanation of how such
compliance will be achieved; and
(B) has been determined to be the most appropriate surface
vessel to meet applicable offensive military requirements.
(2) Completion of analysis of alternatives required.--A
determination under paragraph (1)(B) shall be made only after the
completion of an analysis of alternatives that--
(A) is described in subsection (e)(1); and
(B) supports such determination.
(e) Submittal of Analysis of Alternatives to Congress.--
(1) Analysis of alternatives required.--Not later than one year
after the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees an analysis of
alternatives regarding covered vessels with an integrated offensive
weapon system and the most appropriate surface vessels to meet
applicable offensive military requirements.
(2) Contents.--The analysis submitted under paragraph (1) shall
include, at a minimum, the following elements:
(A) Identification of capability needs applicable to such
covered vessels, including offensive strike capability and
capacity from the Mark-41 vertical launch system.
(B) Projected threats.
(C) Projected operational environments.
(D) Projected operational concepts.
(E) Projected operational requirements.
(F) Status quo (baseline) and surface vessel alternatives
able to meet the capability needs identified in subparagraph
(A), including--
(i) modified naval vessel designs, including amphibious
ships, expeditionary fast transports, and expeditionary sea
bases;
(ii) modified commercial vessel designs, including
container ships and bulk carriers;
(iii) new naval vessel designs; and
(iv) new commercial vessel designs.
(G) Vessel design, performance, and measures of
effectiveness of the baseline and each alternative, including a
description of critical mission, hull, mechanical, and
electrical subsystems.
(H) Estimated research, development, test, and evaluation
cost of baseline and each alternative.
(I) Estimated lead vessel and average follow-on vessel
procurement costs of baseline and each alternative.
(J) Life-cycle costs of baseline and each alternative.
(K) Life-cycle cost per baseline vessel and each
alternative vessel.
(L) Life-cycle cost per specified quantity of baseline
vessels and alternative vessels.
(M) Technology readiness assessment of baseline and each
alternative.
(N) Analysis of alternatives, including relative cost and
capability performance of baseline and alternative vessels.
(O) Trade-off analysis.
(P) Sensitivity analysis.
(Q) Conclusions and recommendations, which if the Secretary
of Defense deems it appropriate, shall include the
determination required under subsection (d)(1)(B).
(f) Definitions.--In this section:
(1) The term ``critical mission, hull, mechanical, and
electrical subsystems'', with respect to a covered vessel, includes
the following subsystems:
(A) Command, control, communications, computers,
intelligence, surveillance, and reconnaissance.
(B) Autonomous vessel navigation, vessel control, contact
management, and contact avoidance.
(C) Communications security, including cryptopgraphy,
encryption, and decryption.
(D) Main engines, including the lube oil, fuel oil, and
other supporting systems.
(E) Electrical generation and distribution, including
supporting systems.
(F) Military payloads.
(G) Any other subsystem identified as critical by the
Senior Technical Authority for the class of naval vessels that
includes the covered vessel.
(2) The term ``Senior Technical Authority'' means, with respect
to a class of naval vessels, the Senior Technical Authority
designated for that class of naval vessels under section 8669b of
title 10, United States Code.
Subtitle C--Artificial Intelligence and Emerging Technology
SEC. 231. MODIFICATION OF BIANNUAL REPORT ON THE JOINT ARTIFICIAL
INTELLIGENCE CENTER.
Section 260(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1293) is amended by adding at
the end the following new paragraphs:
``(11) The results of an assessment, conducted biannually, on
the efforts of the Center and the Department of Defense to develop
or contribute to the development of standards for artificial
intelligence, including--
``(A) a description of such efforts;
``(B) an evaluation of the need to incorporate standards
for artificial intelligence into the strategies and doctrine of
the Department and a description of any efforts undertaken to
further the development and adoption of such standards;
``(C) an explanation of any collaboration on artificial
intelligence standards development with--
``(i) other organizations and elements of the
Department of Defense (including the Defense Agencies and
the military departments);
``(ii) agencies of the Federal Government;
``(iii) the intelligence community;
``(iv) representatives of the defense industrial base
and other sectors of private industry; and
``(v) any other agencies, entities, organizations, or
persons the Secretary considers appropriate; and
``(D) an explanation of any participation by the Center and
the Department of Defense in international or other multi-
stakeholder standard-setting bodies.
``(12) For each member of the Armed Forces who concluded a
formal assignment supporting the Center in the period of six months
preceding the date of the report, a position description of the
billet that the member transitioned into, as provided to the Center
by the Armed Force of the member within 30 days of reassignment.
``(13) An annual update, developed in consultation with the
Armed Forces, on the status of active duty members of the Armed
Forces assigned to the Center. This update shall include the
following:
``(A) An assessment of the effectiveness of such
assignments in strengthening the ties between the Center and
the Armed Forces for the purposes of--
``(i) identifying tactical and operational use cases
for artificial intelligence;
``(ii) improving data collection relating to artificial
intelligence; and
``(iii) establishing effective lines of communication
between the Center and the Armed Forces to identify and
address concerns from the Armed Forces relating to the
widespread adoption and dissemination of artificial
intelligence.
``(B) A description of any efforts undertaken to create
opportunities for additional nontraditional broadening
assignments at the Center for members of the Armed Forces on
active duty.
``(C) An analysis of the career trajectories of active duty
members of the Armed Forces assigned to the Center, including
any potential negative effects of such assignment on the career
trajectories of such members.''.
SEC. 232. 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 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 technologies in support of defense missions;
``(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 of Defense;
``(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.'';
(2) by striking subsection (e);
(3) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Organization and Roles.--
``(1) Assignment of roles and responsibilities.--
``(A) In general.--In addition to designating an official
under subsection (b), the Secretary of Defense shall assign to
appropriate officials within the Department of Defense roles
and responsibilities relating to the research, development,
prototyping, testing, procurement of, requirements for, and
operational use of artificial intelligence technologies.
``(B) Appropriate officials.--The officials assigned roles
and responsibilities under subparagraph (A) shall include--
``(i) the Under Secretary of Defense for Research and
Engineering;
``(ii) the Under Secretary of Defense for Acquisition
and Sustainment;
``(iii) the Director of the Joint Artificial
Intelligence Center;
``(iv) one or more officials in each military
department;
``(v) officials of appropriate Defense Agencies; and
``(vi) such other officials as the Secretary of Defense
determines appropriate.
``(2) Role of director of the joint artificial intelligence
center.--
``(A) Direct report to deputy secretary of defense.--During
the covered period, the Director of the Joint Artificial
Intelligence Center shall report directly to the Deputy
Secretary of Defense without intervening authority.
``(B) Continuation.--The Director of the Joint Artificial
Intelligence Center shall continue to report to the Deputy
Secretary of Defense as described in subparagraph (A) after the
expiration of the covered period if, not later than 30 days
before such period expires, the Deputy Secretary--
``(i) determines that the Director should continue to
report to Deputy Secretary without intervening authority;
and
``(ii) transmits notice of such determination to the
congressional defense committees.
``(C) Covered period defined.--In this paragraph, the term
`covered period' means the period of two years beginning on the
date of the enactment of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021.'';
(5) in subsection (d), as so redesignated--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``acquire,'' before ``develop'';
(B) in the heading of paragraph (2), by striking
``development'' and inserting ``acquisition, development''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``To the degree practicable, the designated
official'' and inserting ``The official designated under
subsection (b)'';
(ii) in subparagraph (A), by striking ``development''
and inserting ``acquisition'';
(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;'';
(6) in subsection (e), as so redesignated--
(A) by striking ``The Secretary shall'' and inserting ``Not
later than 180 days after the date of the enactment of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021, the Secretary of Defense shall issue
regulations to'';
(B) by striking ``the coordination described in subsection
(b) and the duties set forth in subsection (c)'' and inserting
``the duties set forth in subsection (d)''; and
(C) by adding at the end the following new sentence: ``At a
minimum, such access shall ensure that the Director of the
Joint Artificial Intelligence Center has the ability to
discover, access, share, and appropriately reuse data and
models of the Armed Forces and other organizations and elements
of the Department of Defense, build and maintain artificial
intelligence capabilities for the Department, and execute the
duties assigned to the Director by the Secretary.''; and
(7) by adding at the end the following new subsection:
``(h) Joint Artificial Intelligence Center Defined.--In this
section, 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. 233. BOARD OF ADVISORS FOR THE JOINT ARTIFICIAL INTELLIGENCE
CENTER.
(a) Establishment.--The Secretary of Defense shall establish a
board of advisors for the Joint Artificial Intelligence Center.
(b) Duties.--The duties of the board of advisors shall include the
following:
(1) Provide independent strategic advice and technical
expertise to the Secretary and the Director on matters relating to
the development and use of artificial intelligence by the
Department of Defense.
(2) Evaluate and advise the Secretary and the Director on
ethical matters relating to the development and use of artificial
intelligence by the Department.
(3) Conduct long-term and long-range studies on matters
relating to artificial intelligence, as required.
(4) Evaluate and provide recommendations to the Secretary and
the Director regarding the Department's development of a robust
workforce proficient in artificial intelligence.
(5) Assist the Secretary and the Director in developing
strategic level guidance on artificial intelligence-related
hardware procurement, supply-chain matters, and other technical
matters relating to artificial intelligence.
(c) Membership.--The board of advisors shall be composed of
appropriate experts 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 advisors shall be
selected by the Secretary.
(e) Meetings.--The board of advisors 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 its members.
(f) Reports.--Not later than September 30 of each year through
September 30, 2024, the board of advisors 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 ``Director'' means the Director of the Joint
Artificial Intelligence Center.
(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. 234. APPLICATION OF ARTIFICIAL INTELLIGENCE TO THE DEFENSE
REFORM PILLAR OF THE NATIONAL DEFENSE STRATEGY.
(a) Identification of Use Cases.--The Secretary of Defense, acting
through such officers and employees of the Department of Defense as the
Secretary considers appropriate, including the chief data officers and
chief management officers of the military departments, shall identify a
set of no fewer than five use cases of the application of existing
artificial intelligence enabled systems to support improved management
of enterprise acquisition, personnel, audit, or financial management
functions, or other appropriate management functions, that are
consistent with reform efforts that support the National Defense
Strategy.
(b) Prototyping Activities Aligned to Use Cases.--The Secretary,
acting through the Under Secretary of Defense for Research and
Engineering and in coordination with the Director of the Joint
Artificial Intelligence Center and such other officers and employees as
the Secretary considers appropriate, shall pilot technology development
and prototyping activities that leverage commercially available
technologies and systems to demonstrate new artificial intelligence
enabled capabilities to support the use cases identified under
subsection (a).
(c) Briefing.--Not later than October 1, 2021, the Secretary shall
provide to the congressional defense committees a briefing summarizing
the activities carried out under this section.
SEC. 235. ACQUISITION OF ETHICALLY AND RESPONSIBLY DEVELOPED
ARTIFICIAL INTELLIGENCE TECHNOLOGY.
(a) Assessment Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, shall conduct an
assessment to determine--
(A) whether the Department of Defense has the ability,
requisite resourcing, and sufficient expertise to ensure that
any artificial intelligence technology acquired by the
Department is ethically and responsibly developed; and
(B) how the Department can most effectively implement
ethical artificial intelligence standards in acquisition
processes and supply chains.
(2) Elements.--The assessment conducted under paragraph (1)
shall address the following:
(A) Whether there are personnel occupying relevant roles
within the Department of Defense who have sufficient expertise,
across multiple disciplines (including ethical, legal, and
technical expertise)--
(i) to advise on the acquisition of artificial
intelligence technology; and
(ii) to ensure the acquisition of ethically and
responsibly developed artificial intelligence technology.
(B) The feasibility and advisability of retaining outside
experts as consultants to assist the Department in
strengthening capacity and filling any gaps in expertise
identified under subparagraph (A).
(C) 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.
(D) 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.
(b) Briefing Required.--
(1) In general.--Not later than 30 days after the date on which
the Secretary of Defense completes the assessment under subsection
(a), the Secretary shall provide to the congressional defense
committees a briefing on the results of the assessment.
(2) Elements.--The briefing under paragraph (1) shall include,
based on the results of the assessment--
(A) an explanation of whether the Department of Defense has
personnel, in the proper roles and 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;
(C) an explanation of any procedures the Department has in
place to ensure that activities involving artificial
intelligence are consistent with the Department's ethical
artificial intelligence standards; and
(D) with respect to any deficiencies identified under
subparagraph (A), (B), or (C), a description of any measures
that have been taken, and any additional resources that may be
needed, to mitigate such deficiencies.
SEC. 236. STEERING COMMITTEE ON EMERGING TECHNOLOGY.
(a) Establishment.--The Secretary of Defense may establish 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) The Under Secretary of Defense for Research and
Engineering.
(5) The Under Secretary of Defense for Personnel and Readiness.
(6) The Under Secretary of Defense for Acquisition and
Sustainment.
(7) The Chief Information Officer.
(8) Such other officials of the Department of Defense as the
Secretary of Defense determines appropriate.
(c) Responsibilities.--The Steering Committee shall be responsible
for--
(1) developing a strategy for the organizational change,
concept and capability development, and technology investments in
emerging technologies that are needed to maintain the technological
superiority of the United States military as outlined in the
National Defense Strategy;
(2) providing assessments of emerging threats and identifying
investments and advances in emerging technology areas undertaken by
adversaries of the United States;
(3) making recommendations to the Secretary of Defense on--
(A) the implementation of the strategy developed under
paragraph (1);
(B) steps that may be taken to address the threats
identified under paragraph (2);
(C) any changes to a program of record that may be required
to achieve the strategy under paragraph (1);
(D) any changes to the Defense Planning Guidance required
by section 113(g)(2)(A) of title 10, United States Code, that
may be required to achieve the strategy under paragraph (1);
and
(E) whether sufficient resources are available for the
research activities, workforce, and infrastructure of the
Department of Defense to support the development of
capabilities to defeat emerging threats to the United States;
and
(4) carrying out such other activities as are assigned to the
Steering Committee by the Secretary of Defense.
(d) Emerging Technology Defined.--In this section, the term
``emerging technology'' means technology determined to be in an
emerging phase of development by the Secretary, including quantum
information science and technology, data analytics, artificial
intelligence, autonomous technology, advanced materials, software, high
performance computing, robotics, directed energy, hypersonics,
biotechnology, medical technologies, and such other technology as may
be identified by the Secretary.
(e) Sunset.--This section shall terminate on October 1, 2024.
Subtitle D--Education and Workforce Development
SEC. 241. MEASURING AND INCENTIVIZING PROGRAMMING PROFICIENCY.
(a) In General.--Not later than two 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 recordkeeping 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 recordkeeping
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.
(c) Special Pay for Programming Language Proficiency Beneficial for
National Security Interests.--
(1) In general.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1596b the following new section:
``Sec. 1596c. Programming language proficiency: special pay for
proficiency beneficial for national security interests
``(a) Authority.--The Secretary of Defense, under the sole and
exclusive discretion of the Secretary, may pay special pay under this
section to an employee of the Department of Defense who--
``(1) has been certified by the Secretary to be proficient in a
computer or digital programming language identified by the
Secretary as being a language in which proficiency by civilian
personnel of the Department is necessary because of national
security interests; and
``(2) is assigned duties requiring proficiency in that
programming language.
``(b) Rate.--The rate of special pay for an employee under this
section shall be prescribed by the Secretary, but may not exceed 20
percent of the employee's rate of basic pay.
``(c) Relationship to Other Pay and Allowances.--Special pay under
this section is in addition to any other pay or allowances to which the
employee is entitled.
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 81 of such title is amended by inserting after the item
relating to section 1596b the following new item:
``1596c. Programming language proficiency: special pay for proficiency
beneficial for national security interests.''.
SEC. 242. MODIFICATION OF SCIENCE, MATHEMATICS, AND RESEARCH FOR
TRANSFORMATION (SMART) DEFENSE EDUCATION PROGRAM.
Section 2192a of title 10, United States Code, is amended--
(1) in subsection (c)(1)(B)(i), by inserting ``, including by
serving on active duty in the Armed Forces'' after ``Department'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) may establish arrangements so that participants may
participate in a paid internship for an appropriate period with an
industry sponsor.''; and
(3) in subsection (f)--
(A) by inserting ``(1)'' before ``The Secretary''; and
(B) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall seek to enter into
partnerships with minority institutions of higher education and
appropriate public and private sector organizations to diversify the
participants in the program under subsection (a).''.
SEC. 243. IMPROVEMENTS TO TECHNOLOGY AND NATIONAL SECURITY
FELLOWSHIP OF DEPARTMENT OF DEFENSE.
(a) Modification Regarding Basic Pay.--Subparagraph (A) of section
235(a)(4) of National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 1580 note prec.) is amended to read as
follows:
``(A) shall be compensated at a rate of basic pay that is
not less than the minimum rate of basic pay payable for a
position at GS-10 of the General Schedule (subchapter III of
chapter 53 of title 5, United States Code) and not more than
the maximum rate of basic pay payable for a position at GS-15
of such Schedule; and''.
(b) Background Checks.--Subsection (b) of such section is amended
by adding at the end the following new paragraph:
``(3) Background check requirement.--No individual may
participate in the fellows program without first undergoing a
background check that the Secretary of Defense considers
appropriate for participation in the program.''.
SEC. 244. 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)--
(A) in paragraph (1)--
(i) by striking ``National Defense Authorization Act
for Fiscal Year 2020'' and inserting ``William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal
Year 2021''; and
(ii) by striking ``not fewer than three'' and inserting
``not fewer than four'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) Coordination.--In carrying out paragraph (1), the
Secretary of Defense may act through the Defense Advanced Research
Projects Agency or any other organization or element of the
Department of Defense the Secretary considers appropriate.''; and
(D) in paragraph (3), as so redesignated, 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 (31); and
(C) by inserting after paragraph (29) the following new
paragraph:
``(30) 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. 245. ENCOURAGEMENT OF CONTRACTOR SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS (STEM) PROGRAMS.
(a) In General.--The Under Secretary of Defense for Research and
Engineering, in coordination with the Under Secretary of Defense for
Acquisition and Sustainment, shall develop programs and incentives to
ensure that Department of Defense contractors take appropriate steps
to--
(1) enhance undergraduate, graduate, and doctoral programs in
science, technology, engineering, and mathematics (in this section
referred to as ``STEM'');
(2) make investments, such as programming and curriculum
development, in STEM programs within elementary schools and
secondary schools;
(3) encourage employees to volunteer in elementary schools and
secondary schools, including schools that the Secretary of Defense
determines serve high numbers or percentages of students from low-
income families or that serve significant populations of military
dependents, in order to enhance STEM education and programs;
(4) establish partnerships with appropriate entities, including
institutions of higher education for the purpose of training
students in technical disciplines;
(5) make personnel available to advise and assist in STEM
educational activities aligned with functions of the Department of
Defense;
(6) award scholarships and fellowships, and establish work-
based learning programs in scientific disciplines;
(7) conduct recruitment activities to enhance the diversity of
the STEM workforce; or
(8) make internships available to students of secondary
schools, undergraduate, graduate, and doctoral programs in STEM
disciplines.
(b) Award Program.--The Secretary of Defense shall establish
procedures to recognize defense industry contractors that demonstrate
excellence in supporting STEM education, partnerships, programming, and
other activities to enhance participation in STEM fields.
(c) Implementation.--Not later than 270 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 steps taken to implement the requirements of this
section.
(d) Definitions.--In this section:
(1) 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).
(2) 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).
(e) 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. 246. TRAINING PROGRAM FOR HUMAN RESOURCES PERSONNEL IN BEST
PRACTICES FOR TECHNICAL WORKFORCE.
(a) Pilot Training Program.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness and the
Under Secretary of Defense for Research and Engineering, shall
develop and implement a pilot program to provide covered human
resources personnel with training in public and private sector best
practices for attracting and retaining technical talent.
(2) Training areas.--The pilot program shall include training
in the authorities and procedures that may be used to recruit
technical personnel for positions in the Department of Defense,
including--
(A) appropriate direct hiring authorities;
(B) excepted service authorities;
(C) personnel exchange authorities;
(D) authorities for hiring special government employees and
highly qualified experts;
(E) special pay authorities; and
(F) private sector best practices to attract and retain
technical talent.
(3) Metrics.--The Secretary of Defense shall develop metrics to
evaluate the effectiveness of the pilot program in contributing to
the ability of the Department of Defense to attract and retain
technical talent.
(4) Plan required.--The Secretary of Defense shall develop a
plan for the implementation of the pilot program.
(b) Reports.--
(1) Report on plan.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report that sets forth the
plan required under subsection (a)(4).
(2) Report on pilot program.--Not later than three years 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 pilot program.
(c) Definitions.--In this section:
(1) 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
technical talent.
(2) The term ``technical talent'' means individuals with
expertise in high priority technical disciplines.
(d) Termination.--The requirement to carry out the pilot program
under this section shall terminate five years after the date of the
enactment of this Act.
SEC. 247. PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS TO
EVALUATE CERTAIN APPLICANTS FOR TECHNICAL POSITIONS.
(a) Pilot Program.--Beginning not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall carry
out a pilot program under which certain 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 each organization of the Department of Defense participating
in the program, in consultation with relevant subject matter experts,
shall--
(1) identify a subset of technical positions for which the
evaluation of electronic portfolios would be appropriate as part of
the hiring process; and
(2) as appropriate, assess applicants for such positions by
reviewing electronic portfolios of the applicants' best work, as
selected by the applicant concerned.
(c) Scope of Program.--The Secretary of Defense shall carry out the
pilot program under subsection (a) in--
(1) the Joint Artificial Intelligence Center;
(2) the Defense Digital Service;
(3) at least one activity of each military department, as
identified by the Secretary of the department concerned; and
(4) such other organizations and elements of the Department of
Defense as the Secretary determines appropriate.
(d) Report.--Not later than two 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--
(1) describe 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;
(2) assess the level of satisfaction of organization leaders,
hiring authorities, and subject matter experts with the quality of
applicants who were hired based on evaluations of electronic
portfolios;
(3) identify other job series that could benefit from the use
of electronic portfolios in the hiring process;
(4) recommend whether the use of electronic portfolios in the
hiring process should be expanded or made permanent; and
(5) recommend any statutory, regulatory, or policy changes
required to support the goals of the pilot program under subsection
(a).
(e) Technical Position Defined.--In this section, the term
``technical position'' means a position in the Department of Defense
that--
(1) requires expertise in artificial intelligence, data
science, or software development; and
(2) is eligible for direct hire authority under section 9905 of
title 5, United States Code, or section 2358a of title 10, United
States Code.
(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. 248. PILOT PROGRAM ON SELF-DIRECTED TRAINING IN ADVANCED
TECHNOLOGIES.
(a) Online Courses.--The Secretary of Defense shall carry out a
pilot program under which the Secretary makes available a list of
approved online courses relating to advanced technologies 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) Procedures.--The Secretary shall establish procedures for the
development, selection, approval, adoption, and evaluation of online
courses under subsection (a) to ensure that such courses are supportive
of the goals of this section and overall goals for the training and
education of the civilian and military workforce of the Department of
Defense.
(c) 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 subsection (a); and
(2) to document the completion of such course by such employee
or member.
(d) Incentives.--The Secretary of Defense shall develop and
implement incentives to encourage civilian employees of the Department
of Defense and members of the Armed Forces to complete online courses
approved by the Secretary under subsection (a).
(e) Metrics.--The Secretary of Defense shall develop metrics to
evaluate whether, and to what extent, the pilot program under this
section improves the ability of participants--
(1) to perform job-related functions; and
(2) to execute relevant missions of the Department of Defense.
(f) Advanced Technologies Defined.--In this section, the term
``advanced technologies'' means technologies that the Secretary of
Defense determines to be in high-demand within the Department of
Defense and to which significant research and development efforts are
devoted, including technologies such as artificial intelligence, data
science, machine learning, fifth-generation telecommunications
technology, and biotechnology.
(g) Deadline.--The Secretary of Defense shall carry out the
activities described in subsections (a) through (e) not later than one
year after the date of the enactment of this Act.
(h) Sunset.--This section shall terminate on October 1, 2024.
SEC. 249. PART-TIME AND TERM EMPLOYMENT OF UNIVERSITY FACULTY AND
STUDENTS IN THE DEFENSE SCIENCE AND TECHNOLOGY ENTERPRISE.
(a) Program Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall establish a
program under which opportunities for part-time and term employment are
made available in the Defense science and technology enterprise for
faculty and students of institutions of higher education for the
purpose of enabling such faculty and students to carry out research
projects in accordance with subsection (b).
(b) Research Projects.--
(1) Faculty.--A faculty member who is employed in position made
available under subsection (a) shall, in the course of such
employment, carry out a research project that--
(A) relates to a topic in the field of science, technology,
engineering, or mathematics; and
(B) contributes to the objectives of the Department of
Defense, as determined by the Secretary of Defense.
(2) Students.--A student employed in position made available
under subsection (a) shall assist a faculty member with a research
project described in paragraph (1).
(c) Selection of Participants.--The Secretary of Defense, acting
through the heads of participating organizations in the Defense science
and technology enterprise, shall select individuals for participation
in the program under subsection (a) as follows:
(1) Faculty members shall be selected for participation on the
basis of--
(A) the academic credentials and research experience of the
faculty member; and
(B) the extent to which the research proposed to be carried
out by the faculty member will contribute to the objectives of
the Department of Defense.
(2) Students shall be selected to assist with a research
project under the program on the basis of--
(A) the academic credentials and other qualifications of
the student; and
(B) the student's ability to fulfill the responsibilities
assigned to the student as part of the project.
(d) Minimum Number of Positions.--
(1) In general.--During the first year of the program under
subsection (a), the Secretary of Defense shall establish not fewer
than 10 part-time or term positions for faculty.
(2) Artificial intelligence and machine learning.--Of the
positions established under paragraph (1), not fewer than five such
positions shall be reserved for faculty who will conduct research
in the area of artificial intelligence and machine learning.
(e) Authorities.--In carrying out the program under subsection (a),
the Secretary of Defense, or the head of an organization in the Defense
science and technology enterprise, as applicable, may--
(1) use any hiring authority available to the Secretary or the
head of such organization, including--
(A) any hiring authority available under a laboratory
demonstration program, including the hiring authority provided
under section 2358a of title 10, United States Code;
(B) direct hiring authority under section 1599h of title
10, United States Code; and
(C) expert hiring authority under section 3109 of title 5,
United States Code;
(2) enter into cooperative research and development agreements
under section 12 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a) to enable the sharing of research and
expertise with institutions of higher education and the private
sector; and
(3) pay referral bonuses to faculty or students participating
in the program who identify--
(A) students to assist in a research project under the
program; or
(B) 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.
(f) Annual Reports.--
(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 faculty 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 faculty member or student
participating in the program as described in subsection (e)(3),
were hired by the Department of Defense or selected for
participation in another program in the Defense science and
technology enterprise.
(g) 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); and
(D) the Defense Advanced Research Projects Agency.
(2) The term ``faculty'' means an individual who serves as a
professor, researcher, or instructor at an institution of higher
education.
(3) 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).
SEC. 250. NATIONAL SECURITY WORKFORCE AND EDUCATIONAL DIVERSITY
ACTIVITIES.
(a) In General.--The Secretary of Defense shall seek to diversify
participation in the Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program under section 2192a of
title 10, United States Code.
(b) Activities.--In carrying out subsection (a), the Secretary
shall--
(1) subject to the availability of appropriations for this
purpose, set aside funds for financial assistance, scholarships,
and fellowships for students at historically Black colleges or
universities or at minority institutions of higher education and
such other institutions as the Secretary considers appropriate;
(2) partner with institutions of higher education, and such
other public and private sector organizations as the Secretary
considers appropriate, to increase diversity of participants in the
program described in subsection (a);
(3) establish individual and organizational incentives, and
such other activities as the Secretary considers appropriate, to
increase diversity of student participation in the program
described in subsection (a);
(4) increase awareness of opportunities to participate in the
program described in subsection (a);
(5) evaluate the potential for new programs, fellowships, and
other activities at historically Black colleges or universities and
minority institutions of higher education to increase diversity in
educational and workforce development programs;
(6) identify potential changes to the program described in
subsection (a) that would improve diversity of participants in such
program; and
(7) establish metrics to evaluate success of activities under
this section.
(c) 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 activities conducted by the Secretary in
increasing diversity in appropriate programs of the Department of
Defense and hiring and retaining diverse individuals in the science,
mathematics, and research workforce of the public sector.
SEC. 251. COORDINATION OF SCHOLARSHIP AND EMPLOYMENT PROGRAMS OF
THE DEPARTMENT OF DEFENSE.
(a) Establishment or Designation of Organization.--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) Duties.--The organization established or designated under
subsection (a) shall have the following duties:
(1) To establish an interconnected network and database across
the scholarship and employment programs of the Department.
(2) To aid in matching scholarships to individuals pursuing
courses of study in high demand skill areas.
(3) To build a network of current and former program
participants for potential engagement or employment with Department
activities.
(c) Annual Listing.--On an annual basis, the organization
established or designated under subsection (a) shall publish, on a
publicly accessible website of the Department, a listing of scholarship
and employment programs carried out by the Department.
SEC. 252. STUDY ON MECHANISMS FOR ATTRACTING AND RETAINING HIGH
QUALITY TALENT IN THE DEPARTMENT OF DEFENSE.
(a) Study Required.--The Secretary of Defense shall enter into an
agreement with an independent academic institution to conduct a study
to develop policy options and recommendations for the establishment of
a program to attract and retain covered individuals for employment in
the Department of Defense.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An analysis of mechanisms the Department may use to engage
public and private sector organizations to assist in the
identification and recruitment of covered individuals for
employment in the Department of Defense.
(2) Identification of statutory, regulatory, and organizational
barriers to the development of the program described in subsection
(a).
(3) An analysis of monetary and nonmonetary incentives that may
be provided to retain covered individuals in positions in the
Department.
(4) An analysis of methods that may be implemented to ensure
appropriate vetting of covered individuals.
(5) An analysis of the size of a program required to advance
the competitiveness of the research, development, test, and
evaluation efforts of the Department in the critical technologies
identified in the National Defense Strategy.
(6) The type and amount of resources required to implement the
program described in subsection (a).
(c) Reports.--
(1) Initial report.--Not later than February 1, 2021, the
Secretary shall submit to the congressional defense committees a
report on the plan of the Secretary to execute the study required
under subsection (a).
(2) Final report.--Not later than February 1, 2022, the
Secretary shall submit to the congressional defense committees a
report on the results of the study conducted under subsection (a).
(d) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who--
(1) is engaged in work to promote and protect the national
security of the United States;
(2) is engaged in basic or applied research, funded by the
Department of Defense; and
(3) 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).
Subtitle E--Sustainable Chemistry
SEC. 261. NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEMISTRY.
(a) Establishment.--Not later than 180 days after the date of
enactment of this title, 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 263 and 264.
(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 the enactment of this Act.
SEC. 262. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY.
(a) Strategic Plan.--Not later than 2 years after the date of the
enactment of this subtitle, 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 title 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, and
hurdles to transformational progress in improving the
sustainability of the chemical sciences; and
(7) review, identify, and make effort 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 this subtitle. 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 the
enactment of this Act, the Entity shall submit a report to the
Committee on Environment and Public Works, the Committee on
Commerce, Science, and Transportation, the Committee on
Agriculture, Nutrition, and Forestry, the Committee on Health,
Education, Labor, and Pensions, and the Committee on Appropriations
of the Senate, and the Committee on Science, Space, and Technology,
the Committee on Energy and Commerce, the Committee on Agriculture,
the Committee on Education and Labor, 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) of paragraph (1) every 3 years, commencing after
the initial report is submitted until the Entity terminates.
SEC. 263. 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 264;
(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.
(c) 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. 264. 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
262.
(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. 265. 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 subtitle.
SEC. 266. 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. 267. 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 F--Plans, Reports, and Other Matters
SEC. 271. 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'' and inserting
``, through January 31, 2026''.
SEC. 272. MODIFICATION TO TEST RESOURCE MANAGEMENT CENTER STRATEGIC
PLAN REPORTING CYCLE AND CONTENTS.
(a) Quadrennial Strategic Plan.--Section 196 of title 10, United
States Code, is amended--
(1) in subsections (c)(1)(C) and (e)(2)(B), by inserting
``quadrennial'' before ``strategic plan''; and
(2) in subsection (d)--
(A) in the heading, by inserting ``Quadrennial'' before
``Strategic Plan''; and
(B) by inserting ``quadrennial'' before ``strategic plan''
each place it occurs.
(b) Timing and Coverage of Plan.--Subsection (d)(1) of such
section, as amended by subsection (a)(2), is further amended, in the
first sentence, by striking ``two fiscal years'' and inserting ``four
fiscal years, and within one year after release of the National Defense
Strategy,''.
(c) Amendment to Contents of Plan.--Subsection (d)(2)(C) of such
section is amended by striking ``based on current'' and all that
follows through the end and inserting ``for test and evaluation of the
Department of Defense major weapon systems based on current and
emerging threats.''.
(d) Annual Update to Plan.--Subsection (d) of such section is
amended by adding at the end the following new paragraph:
``(5)(A) In addition to the quadrennial strategic plan completed
under paragraph (1), the Director of the Department of Defense Test
Resource Management Center shall also complete an annual update to the
quadrennial strategic plan.
``(B) Each annual update completed under subparagraph (A) shall
include the following:
``(i) A summary of changes to the assessment provided in the
most recent quadrennial strategic plan.
``(ii) Comments and recommendations the Director considers
appropriate.
``(iii) Test and evaluation challenges raised since the
completion of the most recent quadrennial strategic plan.
``(iv) Actions taken or planned to address such challenges.''.
(e) Technical Correction.--Subsection (d)(1) of such, as amended by
subsections (a)(2) and (b), is further amended by striking ``Test
Resources Management Center'' and inserting ``Test Resource Management
Center''.
SEC. 273. MODIFICATION OF REQUIREMENTS RELATING TO ENERGETICS PLAN
TO INCLUDE ASSESSMENT OF FEASIBILITY AND ADVISABILITY OF
ESTABLISHING A PROGRAM OFFICE FOR ENERGETICS.
Section 253(a) of the National Defense Authorization Act for Fiscal
Year 2020 (133 Stat. 1287; Public Law 116-92) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon; and
(2) in paragraph (3), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(4) assesses the feasibility and advisability of establishing
a program office--
``(A) to coordinate energetics research; and
``(B) to ensure a robust and sustained energetics material
enterprise.''.
SEC. 274. ELEMENT IN ANNUAL REPORTS ON CYBER SCIENCE AND TECHNOLOGY
ACTIVITIES ON WORK WITH ACADEMIC CONSORTIA ON HIGH PRIORITY
CYBERSECURITY RESEARCH ACTIVITIES IN DEPARTMENT OF DEFENSE
CAPABILITIES.
Section 257(b)(2) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1291) is amended by
adding at end the following new subparagraph:
``(J) Efforts to work with academic consortia on high
priority cybersecurity research activities.''.
SEC. 275. 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. 276. MICROELECTRONICS AND NATIONAL SECURITY.
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)--
(A) by inserting ``, in collaboration with the Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary for Research and Engineering, and the Director of the
Defense Advanced Research Projects Agency,'' after ``shall'';
and
(B) by striking ``September 30, 2019'' and inserting ``June
1, 2021'';
(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 access to state-of-the-art node sizes through commercial
manufacturing, heterogeneous integration, advantaged sensor
manufacturing, boutique chip designs, and variable volume
production capabilities.
``(11) An assessment of current microelectronics supply chain
management best practices, including--
``(A) intellectual property controls;
``(B) international standards;
``(C) guidelines of the National Institute of Standards and
Technology;
``(D) product traceability and provenance; and
``(E) location of design, manufacturing, and packaging
facilities.
``(12) An assessment of existing risks to the current
microelectronics supply chain.
``(13) A description of actions that may be carried out by the
defense industrial base to implement best practices described in
paragraph (11) and mitigate risks described in paragraph (12).
``(14) A plan for increasing commercialization of intellectual
property developed by the Department of Defense for commercial
microelectronics research and development.
``(15) 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.
``(16) The development of multiple models of public-private
partnerships to execute the strategy, including in-depth analysis
of establishing a semiconductor manufacturing corporation to
leverage private sector technical, managerial, and investment
expertise, and private capital, that would have the authority and
funds to provide grants or approve investment tax credits, or both,
to implement the strategy.
``(17) Processes and criteria for competitive selection of
commercial companies, including companies headquartered in
countries that are allies or partners with the United States, to
provide design, foundry and assembly, and packaging services and to
build and operate the industrial capabilities associated with such
services.
``(18) The role that other Federal agencies should play in
organizing and supporting the strategy, including any required
direct or indirect funding support, or legislative and regulatory
actions, including restricting procurement to domestic sources, and
providing antitrust and export control relief.
``(19) All potential funding sources and mechanisms for initial
and sustaining investments in microelectronics.
``(20) Such other matters as the Secretary of Defense
determines to be relevant.'';
(3) in subsection (d), by striking ``September 30, 2019'' and
inserting ``June 1, 2021'';
(4) in subsection (e), by striking ``September 30, 2020'' and
inserting ``June 1, 2021''; and
(5) by redeignating subsection (f) as subsection (g);
(6) by inserting after subsection (e) the following new
subsection (f):
``(f) Submission.--Not later than June 1, 2021, the Secretary of
Defense shall submit the strategy required in subsection (a), along
with any views and recommendations and an estimated budget to implement
the strategy, to the President, the National Security Council, and the
National Economic Council.''.
SEC. 277. 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 whether
covered personal protective and diagnostic testing equipment is
operationally effective and suitable to satisfy the specific needs and
required protection of the workforce of the Department of Defense.
(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).
(c) Report to Congress.--Not later than 90 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. 278. ASSESSMENT ON UNITED STATES NATIONAL SECURITY EMERGING
BIOTECHNOLOGY EFFORTS AND CAPABILITIES AND COMPARISON WITH
ADVERSARIES.
(a) Assessment and Comparison Required.--
(1) In general.--The Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering and the
Under Secretary of Defense for Intelligence and Security, shall
conduct an assessment and direct comparison of capabilities in
emerging biotechnologies for national security purposes, including
applications in material, manufacturing, and health, between the
capabilities of the United States and the capabilities of
adversaries of the United States.
(2) Elements.--The assessment and comparison carried out under
paragraph (1) shall include the following:
(A) An evaluation of the quantity, quality, and progress of
United States fundamental and applied research for emerging
biotechnology initiatives for national security purposes.
(B) An assessment of the resourcing of United States
efforts to harness emerging biotechnology capabilities for
national security purposes, including the supporting
facilities, test infrastructure, and workforce.
(C) An intelligence assessment of adversary emerging
biotechnology capabilities and research as well as an
assessment of adversary intent and willingness to use emerging
biotechnologies for national security purposes.
(D) An assessment of the analytic and operational subject
matter expertise necessary to assess rapidly-evolving foreign
military developments in biotechnology, and the current state
of the workforce in the intelligence community.
(E) Recommendations to improve and accelerate United States
capabilities in emerging biotechnologies and the associated
intelligence community expertise.
(F) Such other matters as the Secretary considers
appropriate.
(b) Report.--
(1) In general.--Not later than February 1, 2021, the Secretary
shall submit to the congressional defense committees a report on
the assessment carried out under subsection (a).
(2) Form.--The report submitted under paragraph (1) shall be
submitted in the following formats--
(A) unclassified form, which may include a classified
annex; and
(B) publically releasable form, representing appropriate
information from the report under subparagraph (A).
(c) Definition of Intelligence Community.--In this section, 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).
SEC. 279. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE
DEPARTMENT OF DEFENSE.
(a) Reports Required.--Not later than 90 days after the date of the
enactment of this Act, and not later than 120 days after the end of
each fiscal years 2021, 2022, and 2023, the Secretary of Defense, after
consultation with the Secretary of each military department, shall
submit to Congress a report that describes the following:
(1) The ways in which the Department of Defense is using
incentives under section 9(y)(6)(B) of the Small Business Act (15
U.S.C. 638(y)(6)(B)) to increase the number of Phase II SBIR
contracts that lead to technology transition into programs of
record or fielded systems.
(2) The extent to which the Department has developed simplified
and standardized procedures and model contracts throughout the
agency for Phase I, Phase II, and Phase III SBIR awards, as
required under section 9(hh)(2)(A)(i) of the Small Business Act (15
U.S.C. 638(hh)(2)(A)(i)).
(3) The extent to which any incentives described in this
section and implemented by the Secretary of Defense have resulted
in an increased number of Phase II contracts under the SBIR program
of the Department of Defense leading to technology transition into
programs of record or fielded systems.
(4) The extent to which Phase I, Phase II, and Phase III
projects under the SBIR program of the Department align with the
modernization priorities of the Department.
(5) Actions taken to ensure that the SBIR program of the
Department aligns with the goals of the program, namely--
(A) to stimulate technological innovation;
(B) to meet Federal research and development needs;
(C) to foster and encourage participation in innovation and
entrepreneurship by women and socially or economically
disadvantaged individuals; and
(D) to increase private-sector commercialization of
innovations derived from Federal research and development
funding.
(6) Any other action taken, and proposed to be taken, to
increase the number of Department Phase II SBIR contracts leading
to technology transition into programs of record or fielded
systems.
(b) SBIR Defined.--In this section, the term ``SBIR'' has the
meaning given the term in section 9(e) of the Small Business Act (15
U.S.C. 638(e)).
SEC. 280. 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. 281. REVIEW AND REPORT ON NEXT GENERATION AIR DOMINANCE
CAPABILITIES.
(a) 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;
(B) a non-advocate review of the next generation air
dominance initiative of the Navy; and
(C) a non-advocate review of the business case analysis
developed by the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics regarding the Digital
Century Series Aircraft acquisition strategy of the Air Force.
(2) Elements.--(A) The reviews under paragraphs (1)(A) and
(1)(B) shall include an assessment of--
(i) all risks associated with cost, schedule, development,
integration, production, fielding, and sustainment of next
generation air dominance capabilities;
(ii) the technological maturity of significant hardware and
software efforts planned or carried out as part of the
development of such capabilities; and
(iii) 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.
(B) The review under paragraph (1)(C) shall include an
assessment of--
(i) methods, objectives, risks, ground rules, and
assumptions;
(ii) validity, accuracy, and deficiencies in knowledge and
data used in support of the analysis;
(iii) financial and nonfinancial business benefits and
impacts;
(iv) likelihood of risks to materialize; and
(v) conclusions, recommendations, and any other information
the Director believes to be relevant to the review.
(b) 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 (a)(1)(A) with respect to the Air Force;
(2) a report on the results of the review conducted under
subsection (a)(1)(B) with respect to the Navy; and
(3) a report on the results of the review conducted under
subsection (a)(1)(C).
SEC. 282. PLAN FOR OPERATIONAL TEST AND UTILITY EVALUATION OF
SYSTEMS FOR LOW-COST ATTRIBUTABLE AIRCRAFT TECHNOLOGY PROGRAM.
Not later than March 1, 2021, the Assistant Secretary of the Air
Force for Acquisition, Technology, and Logistics shall--
(1) submit to the congressional defense committees an
executable plan for the operational test and utility evaluation of
systems for the Low-Cost Attributable Aircraft Technology (LCAAT)
program of the Air Force; and
(2) provide to the congressional defense committees a briefing
on the plan so submitted.
SEC. 283. INDEPENDENT COMPARATIVE ANALYSIS OF EFFORTS BY CHINA AND
THE UNITED STATES TO RECRUIT AND RETAIN RESEARCHERS IN NATIONAL
SECURITY-RELATED AND DEFENSE-RELATED FIELDS.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to enter
into an agreement with the National Academies of Sciences,
Engineering, and Medicine for the National Academies of Sciences,
Engineering, and Medicine to perform the services covered by this
section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 60 days after
the date of the enactment of this Act.
(b) Review.--
(1) In general.--Under an agreement between the Secretary and
the National Academies of Sciences, Engineering, and Medicine under
this section, the National Academies of Sciences, Engineering, and
Medicine shall carry out a comparative analysis of efforts by China
and the United States Government to recruit and retain domestic and
foreign researchers and develop recommendations for the Secretary
of Defense and the heads of other Federal agencies as appropriate.
(2) Elements.--The comparative analysis carried out under
paragraph (1) and the recommendations developed under such
paragraph shall include the following:
(A) A list of the ``talent programs'' used by China and a
list of the incentive programs used by the United States to
recruit and retain researchers in fields relating to national
security or defense research.
(B) The types of researchers, scientists, other technical
experts, and fields targeted by each talent program listed
under subparagraph (A).
(C) The number of researchers in academia, the Department
of Defense Science and Technology Reinvention Laboratories, and
national security science and engineering programs of the
National Nuclear Security Administration targeted by the talent
programs listed under subparagraph (A).
(D) The number of personnel currently participating in the
talent programs listed under subparagraph (A) and the number of
researchers currently participating in the incentive programs
listed under such subparagraph.
(E) The incentives offered by each of the talent programs
listed under subparagraph (A) and a description of the
incentives offered through incentive programs under such
subparagraph to recruit and retain researchers, scientists, and
other technical experts.
(F) A characterization of the national security, economic,
and scientific benefits China gains through the talent programs
listed under subparagraph (A) and a description of similar
gains accrued to the United States through incentive programs
listed under such subparagraph.
(G) An assessment of the risks to national security and
benefits to the United States of scientific research
cooperation between the United States and China, such as that
which is performed under the agreement between the United
States and the People's Republic of China known as the
``Agreement between the Government of the United States of
America and the Government of the People's Republic of China on
Cooperation in Science and Technology'', signed in Washington
on January 31, 1979, successor agreements, and similar
agreements, administered by the Secretary of State and the
heads of other Federal agencies.
(H) A list of findings and recommendations relating to
policies that can be implemented by the United States,
especially the Department of Defense and other appropriate
Federal agencies, to improve the relative effectiveness of
United States activities to recruit and retain researchers,
scientists, and other technical experts relative to China.
(c) Report.--
(1) In general.--Not later than one year after the date of the
execution of an agreement under subsection (a), the National
Academies of Sciences, Engineering, and Medicine shall--
(A) submit to the congressional defense committees a report
on the findings National Academies of Sciences, Engineering,
and Medicine with respect to the review carried out under this
section and the recommendations developed under this section;
and
(B) make available to the public on a publicly accessible
website a version of report that is suitable for public
viewing.
(2) Form.--The report submitted under paragraph (1)(A) shall be
submitted in unclassified form, but may include a classified annex.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.
Sec. 312. Readiness and Environmental Protection Integration Program.
Sec. 313. Extension of real-time sound monitoring at Navy installations
where tactical fighter aircraft operate.
Sec. 314. Modification of authority for environmental restoration
projects of National Guard.
Sec. 315. Modification of authority to carry out military installation
resilience projects.
Sec. 316. Energy resilience and energy security measures on military
installations.
Sec. 317. Modification to availability of energy cost savings for
Department of Defense.
Sec. 318. Increased transparency through reporting on usage and spills
of aqueous film-forming foam at military installations.
Sec. 319. Native American lands environmental mitigation program.
Sec. 320. Study on alternatives to address impacts of transboundary
flows, spills, or discharges of pollution or debris from the
Tijuana River on personnel, activities, and installations of
Department of Defense.
Sec. 321. Pilot program on alternative fuel vehicle purchasing.
Sec. 322. Budgeting of Department of Defense relating to operational
energy improvement.
Sec. 323. Assessment of Department of Defense operational energy usage.
Sec. 324. Improvement of the Operational Energy Capability Improvement
Fund of the Department of Defense.
Sec. 325. Five-year reviews of containment technologies relating to Red
Hill Bulk Fuel Storage Facility.
Sec. 326. Limitation on use of funds for acquisition of furnished energy
for Rhine Ordnance Barracks Army Medical Center.
Sec. 327. Requirement to update Department of Defense adaptation
roadmap.
Sec. 328. Department of Defense report on greenhouse gas emissions
levels.
Sec. 329. Objectives, performance standards, and criteria for use of
wildlife conservation banking programs.
Sec. 330. Prizes for development of non-PFAS-containing fire-fighting
agent.
Sec. 331. Survey of technologies for Department of Defense application
in phasing out the use of fluorinated aqueous film-forming
foam.
Sec. 332. Interagency body on research related to per- and
polyfluoroalkyl substances.
Sec. 333. Restriction on Department of Defense procurement of certain
items containing perfluorooctane sulfonate or
perfluorooctanoic acid.
Sec. 334. Research and development of alternative to aqueous film-
forming foam.
Sec. 335. Notification to agricultural operations located in areas
exposed to Department of Defense PFAS use.
Sec. 336. Reporting on energy savings performance contracts.
Sec. 337. Increase in funding for Centers for Disease Control Study on
health implications of per- and polyfluoroalkyl substances
contamination in drinking water.
Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 339. Assessment of Department of Defense excess property programs
with respect to need and wildfire risk.
Subtitle C--Logistics and Sustainment
Sec. 341. National Defense Sustainment and Logistics Review.
Sec. 342. Repeal of sunset for minimum annual purchase amount for
carriers participating in the Civil Reserve Air Fleet.
Sec. 343. Additional elements for inclusion in Navy ship depot
maintenance budget report.
Sec. 344. Clarification of limitation on length of overseas forward
deployment of currently deployed naval vessels.
Sec. 345. Independent advisory panel on weapon system sustainment.
Sec. 346. Biannual briefings on status of Shipyard Infrastructure
Optimization Plan.
Sec. 347. Materiel readiness metrics and objectives for major weapon
systems.
Sec. 348. Repeal of statutory requirement for notification to Director
of Defense Logistics Agency three years prior to implementing
changes to any uniform or uniform component.
Subtitle D--Munitions Safety and Oversight
Sec. 351. Chair of Department of Defense explosive safety board.
Sec. 352. Explosive Ordnance Disposal Defense Program.
Sec. 353. Assessment of resilience of Department of Defense munitions
enterprise.
Sec. 354. Report on safety waivers and mishaps in Department of Defense
munitions enterprise.
Subtitle E--Other Matters
Sec. 361. Pilot program for temporary issuance of maternity-related
uniform items.
Sec. 362. Servicewomen's Commemorative Partnerships.
Sec. 363. Biodefense analysis and budget submission.
Sec. 364. Update of National Biodefense Implementation Plan.
Sec. 365. Plans and reports on emergency response training for military
installations.
Sec. 366. Inapplicability of congressional notification and dollar
limitation requirements for advance billings for certain
background investigations.
Sec. 367. Adjustment in availability of appropriations for unusual cost
overruns and for changes in scope of work.
Sec. 368. Requirement that Secretary of Defense implement security and
emergency response recommendations relating to active shooter
or terrorist attacks on installations of Department of
Defense.
Sec. 369. Clarification of food ingredient requirements for food or
beverages provided by the Department of Defense.
Sec. 370. Commission on the naming of items of the Department of Defense
that commemorate the Confederate States of America or any
person who served voluntarily with the Confederate States of
America.
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.
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) in paragraph (2)--
(A) by striking ``If the Clearinghouse'' and inserting
``(A) If the Clearinghouse''; and
(B) by adding at the end the following new subparagraph:
``(B) After the Clearinghouse issues a notice under
subparagraph (A) with respect to an energy project, the parties
should seek to identify feasible and affordable actions that can be
taken by the Department, the developer of such energy project, or
others to mitigate any adverse impact on military operations and
readiness.'';
(2) by redesignating paragraphs (4) through (6) as paragraphs
(5) through (7), respectively;
(3) 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
(4) 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. READINESS AND ENVIRONMENTAL PROTECTION INTEGRATION
PROGRAM.
(a) Use of Funds.--Section 2684a(i) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(3) Funds obligated to carry out an agreement under this section
shall be available for use with regard to any property in the
geographic scope specified in the agreement--
``(A) at the time the funds are obligated; and
``(B) in any subsequent modification to the agreement.''.
(b) Clarification of References to Eligible Entities.--
(1) Definition.--Subsection (b) of section 2684a of title 10,
United States Code, is amended, in the matter preceding paragraph
(1), by striking ``An agreement under this section may be entered
into with'' and inserting ``For purposes of this section, an
eligible entity is''.
(2) Acquisition of property and interests.--Subsection (d)(1)
of such section is amended by striking ``the entity or entities''
each place it appears and inserting ``an eligible entity or
entities''.
(3) Retroactive application.--The amendments made by paragraphs
(1) and (2) shall apply to any agreement entered into under section
2684a of title 10, United States Code, on or after December 2,
2002.
(c) 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.''.
SEC. 313. EXTENSION OF REAL-TIME SOUND MONITORING AT NAVY
INSTALLATIONS WHERE TACTICAL FIGHTER AIRCRAFT OPERATE.
Section 325(a)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended by striking ``a 12-
month period'' and inserting ``two 12-month periods, including one such
period that begins in fiscal year 2021''.
SEC. 314. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL RESTORATION
PROJECTS OF NATIONAL GUARD.
(a) In General.--Section 2707(e) of title 10, United States Code,
is amended--
(1) by striking ``Notwithstanding'' and inserting ``(1)
Notwithstanding'';
(2) by inserting ``where military activities are conducted by
the National Guard of a State under title 32'' after ``facility'';
and
(3) by adding at the end the following new paragraph:
``(2) The Secretary concerned may use the authority under section
2701(d) of this title to carry out environmental restoration projects
under paragraph (1).''.
(b) Correction of Definition of Facility.--Paragraph (1) of section
2700 of such title is amended--
(1) in subparagraph (A), by striking ``(A) The terms'' and
inserting ``The term''; and
(2) by striking subparagraph (B).
SEC. 315. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY
INSTALLATION RESILIENCE PROJECTS.
(a) Modification of Authority.--Section 2815 of title 10, United
States Code is amended--
(1) in subsection (a), by inserting ``(except as provided in
subsections (d)(3) and (e))'' before the period at the end;
(2) in subsection (c), by striking ``A project'' and inserting
``Except as provided in subsection (e)(2), a project'';
(3) by redesignating subsection (d) as subsection (f); and
(4) by inserting after subsection (c) the following new
subsections:
``(d) Location of Projects.--Projects carried out pursuant to this
section may be carried out--
``(1) on a military installation;
``(2) on a facility used by the Department of Defense that is
owned and operated by a State, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth
of the Northern Mariana Islands, or the Virgin Islands, even if the
facility is not under the jurisdiction of the Department of
Defense, if the Secretary of Defense determines that the facility
is subject to significant use by the armed forces for testing or
training; or
``(3) outside of a military installation or facility described
in paragraph (2) if the Secretary concerned determines that the
project would preserve or enhance the resilience of--
``(A) a military installation;
``(B) a facility described in paragraph (2); or
``(C) community infrastructure determined by the Secretary
concerned to be necessary to maintain, improve, or rapidly
reestablish installation mission assurance and mission-
essential functions.
``(e) Alternative Funding Source.--(1) In carrying out a project
under this section, the Secretary concerned may use amounts available
for operation and maintenance for the military department concerned if
the Secretary concerned submits a notification to the congressional
defense committees of the decision to carry out the project using such
amounts and includes in the notification--
``(A) the current estimate of the cost of the project;
``(B) the source of funds for the project; and
``(C) a certification that deferral of the project for
inclusion in the next Military Construction Authorization Act would
be inconsistent with national security or the protection of health,
safety, or environmental quality, as the case may be.
``(2) A project carried out under this section using amounts under
paragraph (1) may be carried out only after the end of the 7-day period
beginning on the date on which a copy of the notification described in
paragraph (1) is provided in an electronic medium pursuant to section
480 of this title.
``(3) The maximum aggregate amount that the Secretary concerned may
obligate from amounts available to the military department concerned
for operation and maintenance in any fiscal year for projects under the
authority of this subsection is $100,000,000.''.
(b) Consideration of Military Installation Resilience in Agreements
and Interagency Cooperation.--Section 2684a of such title is amended--
(1) in subsection (a)--
(A) in paragraph (2)(B)--
(i) by striking clause (ii); and
(ii) in clause (i)--
(I) by striking ``(i)''; and
(II) by striking ``; or'' and inserting a
semicolon;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph (3):
``(3) maintaining or improving military installation
resilience; or''; and
(2) by amending subsection (h) to read as follows:
``(h) Interagency Cooperation in Conservation and Resilience
Programs to Avoid or Reduce Adverse Impacts on Military Installation
Resilience and Military Readiness Activities.--In order to facilitate
interagency cooperation and enhance the effectiveness of actions that
will protect the environment, military installation resilience, and
military readiness, the recipient of funds provided pursuant to an
agreement under this section or under the Sikes Act (16 U.S.C. 670 et
seq.) may, with regard to the lands and waters within the scope of the
agreement, use such funds to satisfy any matching funds or cost-sharing
requirement of any conservation or resilience program of any Federal
agency notwithstanding any limitation of such program on the source of
matching or cost-sharing funds.''.
SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY MEASURES ON
MILITARY INSTALLATIONS.
(a) In General.--Subchapter I of chapter 173 of title 10, United
States Code, is amended by inserting after section 2919 the following
new section:
``Sec. 2920. Energy resilience and energy security measures on military
installations
``(a) Energy Resilience Measures.--(1) The Secretary of Defense
shall, by the end of fiscal year 2030, provide that 100 percent of the
energy load required to maintain the critical missions of each
installation have a minimum level of availability of 99.9 percent per
fiscal year.
``(2) The Secretary of Defense shall issue standards establishing
levels of availability relative to specific critical missions, with
such standards providing a range of not less than 99.9 percent
availability per fiscal year and not more than 99.9999 percent
availability per fiscal year, depending on the criticality of the
mission.
``(3) The Secretary may establish interim goals to take effect
prior to fiscal year 2025 to ensure the requirements under this
subsection are met.
``(4) The Secretary of each military department and the head of
each Defense Agency shall ensure that their organizations meet the
requirements of this subsection.
``(b) Planning.--(1) The Secretary of Defense shall require the
Secretary of each military department and the head of each Defense
Agency to plan for the provision of energy resilience and energy
security for installations.
``(2) Planning under paragraph (1) shall--
``(A) promote the use of multiple and diverse sources of
energy, with an emphasis favoring energy resources originating on
the installation such as modular generation;
``(B) promote installing microgrids to ensure the energy
security and energy resilience of critical missions; and
``(C) favor the use of full-time, installed energy sources
rather than emergency generation.
``(c) Development of Information.--The planning required by
subsection (b) shall identify each of the following for each
installation:
``(1) The critical missions of the installation.
``(2) The energy requirements of those critical missions.
``(3) The duration that those energy requirements are likely to
be needed in the event of a disruption or emergency.
``(4) The current source of energy provided to those critical
missions.
``(5) The duration that the currently provided energy would
likely be available in the event of a disruption or emergency.
``(6) Any currently available sources of energy that would
provide uninterrupted energy to critical missions in the event of a
disruption or emergency.
``(7) Alternative sources of energy that could be developed to
provide uninterrupted energy to critical missions in the event of a
disruption or emergency.
``(d) Testing and Measuring.--(1)(A) The Secretary of Defense shall
require the Secretary of each military department and head of each
Defense Agency to conduct monitoring, measuring, and testing to provide
the data necessary to comply with this section.
``(B) Any data provided under subparagraph (A) shall be made
available to the Assistant Secretary of Defense for Sustainment upon
request.
``(2)(A) The Secretary of Defense shall require that black start
exercises be conducted to assess the energy resilience and energy
security of installations for periods established to evaluate the
ability of the installation to perform critical missions without access
to off-installation energy resources.
``(B) A black start exercise conducted under subparagraph (A) may
exclude, if technically feasible, housing areas, commissaries,
exchanges, and morale, welfare, and recreation facilities.
``(C) The Secretary of Defense shall--
``(i) provide uniform policy for the military departments and
the Defense Agencies with respect to conducting black start
exercises; and
``(ii) establish a schedule of black start exercises for the
military departments and the Defense Agencies, with each military
department and Defense Agency scheduled to conduct such an exercise
on a number of installations each year sufficient to allow that
military department or Defense Agency to meet the goals of this
section, but in any event not fewer than five installations each
year for each military department through fiscal year 2027.
``(D)(i) Except as provided in clause (ii), the Secretary of each
military department shall, notwithstanding any other provision of law,
conduct black start exercises in accordance with the schedule provided
for in subparagraph (C)(ii), with any such exercise not to last longer
than five days.
``(ii) The Secretary of a military department may conduct more
black start exercises than those identified in the schedule provided
for in subparagraph (C)(ii).
``(e) Contract Requirements.--For contracts for energy and utility
services, the Secretary of Defense shall--
``(1) specify methods and processes to measure, manage, and
verify compliance with subsection (a); and
``(2) ensure that such contracts include requirements
appropriate to ensure energy resilience and energy security,
including requirements for metering to measure, manage, and verify
energy consumption, availability, and reliability consistent with
this section and the energy resilience metrics and standards under
section 2911(b) of this title.
``(f) Exception.--This section does not apply to fuels used in
aircraft, vessels, or motor vehicles.
``(g) Report.--If by the end of fiscal year 2029, the Secretary
determines that the Department will be unable to meet the requirements
under subsection (a), not later than 90 days after the end of such
fiscal year, the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
detailing--
``(1) the projected shortfall;
``(2) reasons for the projected shortfall;
``(3) any statutory, technological, or monetary impediments to
achieving such requirements;
``(4) any impact to readiness or ability to meet the national
defense posture; and
``(5) any other relevant information as the Secretary considers
appropriate.
``(h) Definitions.--In this section:
``(1) The term `availability' means the availability of
required energy at a stated instant of time or over a stated period
of time for a specific purpose.
``(2) The term `black start exercise' means an exercise in
which delivery of energy provided from off an installation is
terminated before backup generation assets on the installation are
turned on. Such an exercise shall--
``(A) determine the ability of the backup systems to start
independently, transfer the load, and carry the load until
energy from off the installation is restored;
``(B) align organizations with critical missions to
coordinate in meeting critical mission requirements;
``(C) validate mission operation plans, such as continuity
of operations plans;
``(D) identify infrastructure interdependencies; and
``(E) verify backup electric power system performance.
``(3) The term `critical mission'--
``(A) means those aspects of the missions of an
installation, including mission essential operations, that are
critical to successful performance of the strategic national
defense mission;
``(B) may include operational headquarters facilities,
airfields and supporting infrastructure, harbor facilities
supporting naval vessels, munitions production and storage
facilities, missile fields, radars, satellite control
facilities, cyber operations facilities, space launch
facilities, operational communications facilities, and
biological defense facilities; and
``(C) does not include military housing (including
privatized military housing), morale, welfare, and recreation
facilities, exchanges, commissaries, or privately owned
facilities.
``(4) The term `energy' means electricity, natural gas, steam,
chilled water, and heated water.
``(5) The term `installation' has the meaning given the term
`military installation' in section 2801(c)(4) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 173 of such title is amended by inserting after
the item relating to section 2919 the following new item:
``2920. Energy resilience and energy security measures on military
installations.''.
SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY COST SAVINGS FOR
DEPARTMENT OF DEFENSE.
Section 2912(a) of title 10, United States Code, is amended by
inserting ``and, in the case of operational energy, from both training
and operational missions,'' after ``under section 2913 of this
title,''.
SEC. 318. 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 the House of Representatives notice of a usage or spill of
greater than 10 gallons of concentrate, or greater than 300 gallons of
mixed foam. Each such notice shall include each of the following
information:
``(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.
``(b) Action Plan.--Not later than 60 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 the House of Representatives an action plan for addressing
such usage or spill. The action plan shall include the following:
``(1) A description of what actions have been taken to arrest
and clean up a spill.
``(2) A description of any coordination with relevant local and
State environmental protection agencies.''.
(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. 319. NATIVE AMERICAN LANDS ENVIRONMENTAL MITIGATION PROGRAM.
(a) In General.--Chapter 160 of title 10, United States Code, as
amended by section 318(a), is further amended by adding at the end the
following new section:
``Sec. 2713. Native American lands environmental mitigation program
``(a) Establishment.--The Secretary of Defense may establish and
carry out a program to mitigate the environmental effects of actions by
the Department of Defense on Indian lands and on other locations where
the Department, an Indian tribe, and the current land owner agree that
such mitigation is appropriate.
``(b) Program Activities.--The activities that may be carried out
under the program established under subsection (a) are the following:
``(1) Identification, investigation, and documentation of
suspected environmental effects attributable to past actions by the
Department of Defense.
``(2) Development of mitigation options for such environmental
effects, including development of cost-to-complete estimates and a
system for prioritizing mitigation actions.
``(3) Direct mitigation actions that the Secretary determines
are necessary and appropriate to mitigate the adverse environmental
effects of past actions by the Department.
``(4) Demolition and removal of unsafe buildings and structures
used by, under the jurisdiction of, or formerly used by or under
the jurisdiction of the Department.
``(5) Training, technical assistance, and administrative
support to facilitate the meaningful participation of Indian tribes
in mitigation actions under the program.
``(6) Development and execution of a policy governing
consultation with Indian tribes that have been or may be affected
by action by the Department, including training personnel of the
Department to ensure compliance with the policy.
``(c) Cooperative Agreements.--(1) In carrying out the program
established under subsection (a), the Secretary of Defense may enter
into a cooperative agreement with an Indian tribe or an instrumentality
of tribal government.
``(2) Notwithstanding chapter 63 of title 31, a cooperative
agreement under this section may be used to acquire property or
services for the direct benefit of the United States Government.
``(3) A cooperative agreement under this section for the
procurement of severable services may begin in one fiscal year and end
in another fiscal year only if the total period of performance does not
exceed two calendar years.
``(d) Definitions.--In this section:
``(1) The term `Indian land' includes--
``(A) any land located within the boundaries and a part of
an Indian reservation, pueblo, or rancheria;
``(B) any land that has been allotted to an individual
Indian but has not been conveyed to such Indian with full power
of alienation;
``(C) Alaska Native village and regional corporation lands;
and
``(D) lands and waters upon which any federally recognized
Indian tribe has rights reserved by treaty, Act of Congress, or
action by the President.
``(2) The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any Alaska
Native village or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), which is recognized as eligible for the
special programs and services provided by the United States to
Indians because of their status as Indians.
``(e) Limitation.--Nothing in this section shall be interpreted to
require, compel, or otherwise authorize access to any lands without the
landowner's consent.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 160 of such title, as amended by section 318(b), is further
amended by inserting after the item relating to section 2712 the
following new item:
``2713. Native American lands environmental mitigation program.''.
SEC. 320. STUDY ON ALTERNATIVES TO ADDRESS IMPACTS OF TRANSBOUNDARY
FLOWS, SPILLS, OR DISCHARGES OF POLLUTION OR DEBRIS FROM THE
TIJUANA RIVER ON PERSONNEL, ACTIVITIES, AND INSTALLATIONS OF
DEPARTMENT OF DEFENSE.
(a) Study.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
Administrator of the Environmental Protection Agency, the Secretary of
State, and the United States Commissioner of the International Boundary
and Water Commission, shall develop criteria for the selection of
project alternatives to address the impacts of transboundary flows,
spills, or discharges of pollution or debris from the Tijuana River on
the personnel, activities, and installations of the Department of
Defense.
(b) Elements.--The projects referred to in subsection (b) shall
address the short-term, long-term, primary, and secondary impacts of
transboundary flows, spills, or discharges of pollution or debris from
the Tijuana River and include recommendations to mitigate such impacts.
SEC. 321. PILOT PROGRAM ON ALTERNATIVE FUEL VEHICLE PURCHASING.
(a) In General.--The Secretary of Defense, in coordination with the
Secretary of Energy and the Administrator of the General Services
Administration, shall carry out a pilot program under which the
Secretary of Defense may, notwithstanding section 400AA of the Energy
Policy and Conservation Act (42 U.S.C. 6374), purchase new alternative
fuel vehicles for which the initial cost of such vehicles exceeds the
initial cost of a comparable gasoline or diesel fueled vehicle by not
more than 10 percent.
(b) Locations.--
(1) In general.--The Secretary of Defense shall carry out the
pilot program under subsection (a) at not fewer than 2 facilities
or installations of each military department in the continental
United States that--
(A) have the largest total number of attached noncombat
vehicles as compared to other facilities or installations of
the Department of Defense; and
(B) are located within 20 miles of public or private
refueling or recharging stations.
(2) Air force logistics center.--One of the facilities or
installations selected under paragraph (1) shall be an Air Force
Logistics Center.
(c) Alternative Fuel Vehicle Defined.--In this section, the term
``alternative fuel vehicle'' includes a vehicle that uses--
(1) a fuel or power source described in the first sentence of
section 241(2)of the Clean Air Act (42 U.S.C. 7581(2)); or
(2) propane.
SEC. 322. 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. 323. 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 within the operational energy enterprise without
negatively impacting mission capability;
(3) an analysis of ways to overcome contested logistics
challenges such as the tyranny of distance within the United States
Indo-Pacific Command, including--
(A) strategies to improve the energy production, storage,
and distribution system that enhance logistics supply chain
resiliency; and
(B) ways to reduce the demand for resupply to decrease the
strain on the logistics supply chain; and
(4) 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. 324. IMPROVEMENT OF THE OPERATIONAL ENERGY CAPABILITY
IMPROVEMENT FUND OF THE DEPARTMENT OF DEFENSE.
(a) Management of the Operational Energy Capability Improvement
Fund.--The Assistant Secretary of Defense for Energy, Installations,
and Environment 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
Energy, Installations, and Environment, 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 the placement under the authority of
the Assistant Secretary of the OECIF along with 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 Assistant Secretary of Defense for Energy,
Installations, and Environment, 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)--
(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.
(5) Locations.--
(A) In general.--The Secretary shall carry out the testing
and evaluation phase of the program under paragraph (1) at
installations of the Department of Defense or in conjunction
with exercises conducted by the Joint Staff, a combatant
command, or a military department.
(B) Formal demonstrations.--The Secretary shall carry out
any formal demonstrations under the program under paragraph (1)
at installations of the Department or in operational settings
to document and validate improved warfighting performance and
cost savings.
SEC. 325. 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,
concurrently with the Department of the Navy's Tank Upgrade
Alternative (TUA) decision review, 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 conduct
the first review under paragraph (1) concurrent with the first TUA
decision review conducted 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. 326. 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 fiscal year 2021 for the Department of
Defense 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. 327. REQUIREMENT TO UPDATE DEPARTMENT OF DEFENSE ADAPTATION
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 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 extreme weather and sea level
fluctuations 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 extreme weather, sea level fluctuations, and associated
mitigation measures; and
(2) a discussion of the current and foreseeable effects of
extreme weather and seal level fluctuations on--
(A) plans and operations, including--
(i) military readiness;
(ii) increased frequency, if any, of extreme weather
events, including flooding, drought, desertification,
wildfires, thawing permafrost, hurricanes, and extreme
heat;
(iii) geopolitical instability, if any, caused by
climate events, including extreme weather;
(iv) increased demand, if any 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 an 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) mitigation of heat stress and heat-related
illnesses resulting from increasing temperatures;
(iv) increased dust generation 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) increased maintenance and sustainment costs;
(viii) damage to natural and constructed infrastructure
from thawing permafrost and sea ice; and
(ix) the effects of extreme weather and sea level
fluctuations 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 extreme weather and sea level
fluctuations 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 investments required to address
foreseeable costs incurred or influenced by extreme weather
and sea level fluctuations for each of the lines of effort
in this report, to include 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
(c) Assessments and Projections.--In preparing the update 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 adaptation 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 the date of the submission of the update.
SEC. 328. DEPARTMENT OF DEFENSE REPORT ON GREENHOUSE GAS EMISSIONS
LEVELS.
(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
Committees on Armed Services of the Senate and House of Representatives
and to the Comptroller General a report on the total level of
greenhouse gas 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. 329. 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. 330. 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 Defined.--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. 331. 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) Briefing.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall provide the congressional defense
committees a briefing on the results of the survey conducted under
subsection (a). The briefing 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. 332. 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, or designate, an interagency working group to
coordinate Federal activities related to PFAS research and development.
(b) Agency Participation.--The interagency working group shall
include a representative of each of--
(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
Director of the Office of Science and Technology Policy 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
a biannual 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 and make publicly available a strategic plan for
Federal support for PFAS research and development (to be updated
not less frequently than once every three 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 all federally funded PFAS research and
development having taken place in the last three years,
excluding the research listed under subparagraph (A), 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;
(C) 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;
(D) 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 subparagraph (A) and the challenges identified in
subparagraph (C); and
(E) an implementation plan for Federal agencies and, for
each update to the strategic plan under this paragraph, a
description of how Federal agencies have been following the
implementation plan.
(e) Consultation.--In developing the strategic plan under
subsection (d)(2), 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) Sunset.--The strategic plan requirement described under section
(d)(2) shall cease on the date that is 20 years after the initial
strategic plan is developed.
(g) Definitions.--In this section:
(1) PFAS.--The term ``PFAS'' means--
(A) man-made chemicals of which all of the carbon atoms are
fully fluorinated carbon atoms; and
(B) man-made chemicals containing a mix of fully
fluorinated carbon atoms, partially fluorinated carbon atoms,
and nonfluorinated carbon atoms.
(2) PFAS research and development defined.--The term ``PFAS
research and development'' includes any research or project that
has the goal of accomplishing the following:
(A) The removal of PFAS from the environment.
(B) The safe destruction or degradation of PFAS.
(C) The development and deployment of safer and more
environmentally friendly alternative substances that are
functionally similar to those made with PFAS.
(D) The understanding of sources of environmental PFAS
contamination and pathways to exposure for the public.
(E) The understanding of the toxicity of PFAS to humans and
animals.
SEC. 333. RESTRICTION ON DEPARTMENT OF DEFENSE PROCUREMENT OF
CERTAIN ITEMS CONTAINING PERFLUOROOCTANE SULFONATE OR
PERFLUOROOCTANOIC ACID.
(a) Prohibition.--The Department of Defense may not procure any
covered item that contains perfluorooctane sulfonate (PFOS) or
perfluorooctanoic acid (PFOA).
(b) Definitions.--In this section, the term ``covered item''
means--
(1) nonstick cookware or cooking utensils for use in galleys or
dining facilities; and
(2) upholstered furniture, carpets, and rugs that have been
treated with stain-resistant coatings.
(c) Effective Date.--This section shall take effect on April 1,
2023.
SEC. 334. 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. 335. 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 one mile down gradient of a military installation or National
Guard facility where covered PFAS--
(1) has been detected in groundwater;
(2) has been hydrologically linked to a local agricultural or
drinking water source, including a water well; and
(3) is suspected to be, or known to be, the result of the use
of PFAS at an installation of the Department of Defense located in
the United States or State-owned facility of the National Guard.
(b) Notification Requirements.--The notification required under
subsection (a) shall include the following information:
(1) The name of the Department of Defense installation or
National Guard facility from which the covered PFAS in groundwater
originated.
(2) The specific covered PFAS detected in groundwater.
(3) The levels of the covered 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
validated test results.
(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 covered PFAS detected in groundwater; and
(3) the levels of covered 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) detected in
groundwater above 70 parts per trillion, individually or in
combination with PFOS.
(B) Perfluorooctane sulfonic acid (commonly referred to as
``PFOS'') (Chemical Abstracts Service No. 1763-23-1) detected
in groundwater above 70 parts per trillion, individually or in
combination with PFOA.
(C) Perfluorobutanesulfonic acid (commonly referred to as
``PFBS'') (Chemical Abstracts Service No. 375-73-5) detected in
groundwater above 40 parts per billion.
(2) The term ``PFAS'' means a perfluoroalkyl or polyfluoroalkyl
substance with at least one fully fluorinated carbon atom,
including the chemical GenX.
SEC. 336. REPORTING ON ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) In General.--Section 2925(a) of title 10, United States Code,
is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) A description of the use of energy savings performance
contracts (in this paragraph referred to as `ESPCs') by the
Department of Defense, including--
``(A) the total investment value of the total number of
ESPCs per service for the previous five fiscal years;
``(B) the location of facilities with ESPCs for the
previous five fiscal years;
``(C) any limitations on expanding ESPCs throughout the
Department of Defense;
``(D) the effect ESPCs have on military readiness; and
``(E) any additional information the Secretary determines
relevant.''.
(b) Applicability.--The reporting requirement under paragraph (7)
of section 2925(a) of title 10, United States Code, as added by
subsection (a) of this section, applies to reports submitted under such
section 2925 for fiscal year 2021 and thereafter.
SEC. 337. INCREASE IN FUNDING FOR CENTERS FOR DISEASE CONTROL STUDY
ON 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; 131 Stat. 1350) is amended by
striking ``$10,000,000'' and inserting ``$15,000,000''.
SEC. 338. 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.
(4) Authorization of appropriations.--There is authorized to be
appropriated $2,500,000 for each of fiscal years 2021 and 2022.
(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, subject to the availability of appropriations--
(A) issue a solicitation for research proposals to carry
out the research recommendations identified in the report
submitted under subsection (b)(3)(B); 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.
(4) Authorization of appropriations.--There are authorized to
be appropriated $5,000,000 for fiscal year 2023, $5,000,000 for
fiscal year 2024, and $5,000,000 for fiscal year 2025 to carry out
this section.
(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.
SEC. 339. 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. 341. 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) Review Required.--Upon submission 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, force deployment capabilities, 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 Chiefs of Staff of the
Armed Forces, all functional and geographic combatant commanders, and
the Director 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
National Defense Strategy was submitted under section 113(g) of this
title, the Secretary shall submit to the congressional defense
committees a report on the review required by subsection (a). Each such
report shall include each of the following:
``(A) An assessment of the strategic, operational, and tactical
maritime logistics force (including non-military assets provided by
Military Sealift Command, the Maritime Administration, and through
the Voluntary Intermodal Sealift Agreement and Voluntary Tanker
Agreement) required to support sealift, at sea logistics, and over-
the-shore logistics of forces to meet steady state and contingency
requirements and the strategic and intra-theater movement of
supplies, personnel, and equipment.
``(B) An assessment of the strategic, operational, and tactical
airlift and tankers (including non-military assets provided by the
Civil Reserve Air Fleet) required to meet steady state and
contingency requirements.
``(C) An assessment of the location, configuration, material
condition, and inventory of prepositioned materiel, equipment, and
war reserves programs, as well as the ability to store and
distribute these items to deployed military forces, 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 store, transport, and 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, location, and
survivability under likely threats of military infrastructure
located both inside the continental United States and outside the
continental United States, including agreements with and
infrastructure provided by international partners, required to
generate, project, and sustain 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 incorporate
logistics capabilities and threats and a description of the
logistics constraints and restraints to operations identified
through such wargames.
``(L) An assessment of the ability of the Department of
Defense, the Armed Forces, and the combatant commands to leverage
and integrate emergent logistics related technologies and advanced
computing systems.
``(M) Such other matters the Secretary of Defense considers
appropriate.
``(2) In preparing the report under paragraph (1), the Secretary of
Defense shall consult with, and consider the recommendations of, the
Chairman of the Joint Chiefs of Staff.
``(3) 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.''.
(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, as added by subsection (a), the Secretary of Defense shall
submit the first report under such section not later than the date that
is 18 months after the date of the enactment of this Act, unless a new
National Defense Strategy is released prior to such date.
SEC. 342. REPEAL OF SUNSET FOR MINIMUM ANNUAL PURCHASE AMOUNT FOR
CARRIERS PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.
Section 9515 of title 10, United States Code, is amended by
striking subsection (k).
SEC. 343. 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. 344. CLARIFICATION OF LIMITATION ON LENGTH OF OVERSEAS FORWARD
DEPLOYMENT OF CURRENTLY DEPLOYED NAVAL VESSELS.
Section 323(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1720; 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. 345. 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 forth a detailed statement of the findings and conclusions
of 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. 346. 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.
(7) A listing of equipment from Federal Supply Classes 3411
(Boring Machines), 3416 (Lathes) and 3441 (Bending and Forming
Machines) that has been unserviceable for over 30 consecutive days,
including, for each such piece of equipment--
(A) the reason for the delayed repair;
(B) the availability of technical representatives from the
manufacturer to provide assistance in diagnosing and repairing
the discrepancy; and
(C) the estimated time to repair.
SEC. 347. 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 subsection, 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.''.
SEC. 348. REPEAL OF STATUTORY REQUIREMENT FOR NOTIFICATION TO
DIRECTOR OF DEFENSE LOGISTICS AGENCY THREE YEARS PRIOR TO
IMPLEMENTING CHANGES TO ANY UNIFORM OR UNIFORM COMPONENT.
Section 356 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 771 note prec.)
is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections (a)
and (b), respectively; and
(3) in subsections (a) and (b), as so redesignated, by striking
``Commander'' each place it appears and inserting ``Director''.
Subtitle D--Munitions Safety and Oversight
SEC. 351. 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. 352. 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, in coordination with
the Secretaries of the military departments, 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, establishing a rotation of the role
between an Army, Navy, and Air Force entity on a periodic basis, or
other options determined appropriate.
(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. 353. 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. 354. 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. 361. 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 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 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.
SEC. 362. 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. 363. BIODEFENSE ANALYSIS AND BUDGET SUBMISSION.
(a) Annual Analysis.--For each fiscal year, beginning in fiscal
year 2023, the Director of the Office of Management and Budget, in
consultation with the Secretary of Health and Human Services 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 the annual budget submission required under 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, such as 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 and objectives as part of the
National Biodefense Strategy required under section 1086 of the
National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C.
104).
(d) Submittal to Congress.--The Director, in consultation with the
Secretary of Health and Human Services, 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. 364. UPDATE OF NATIONAL BIODEFENSE IMPLEMENTATION PLAN.
(a) In General.--The Secretaries of Health and Human Services,
Defense, Agriculture, Homeland Security, and all other Departments and
agencies with responsibilities for biodefense, such as the Department
of State, in consultation with the Assistant to the President for
National Security Affairs and the Director of the Office of Management
and Budget, as appropriate, shall jointly, after reviewing the
biodefense threat assessment described in subsection (d) and any
relevant input from external stakeholders, as appropriate, update the
National Biodefense Implementation Plan developed under section 1086 of
the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C.
104) to clearly document established processes, roles, and
responsibilities related to the National Biodefense Strategy.
(b) Specific Updates.--The updated National Biodefense
Implementation Plan shall--
(1) describe the roles and responsibilities of the Federal
departments and agencies, including internal and external
coordination procedures, in identifying and sharing information
between and among Federal departments and agencies, as described in
section 1086(b)(4) of the National Defense Authorization Act for
Fiscal Year 2017 (6 U.S.C. 104(b)(4)) and consistent with the
statutory roles and authorities of such departments and agencies;
(2) describe roles, responsibilities, and processes for
decisionmaking, including decisions regarding use of resources for
effective risk management across the enterprise;
(3) describe resource plans for each department and agency with
responsibility for biodefense to support implementation of the
strategy within the jurisdiction of such department or agency,
including for the Biodefense Coordination Team, as appropriate;
(4) describe guidance and methods for analyzing the data
collected from agencies to include non-Federal resources and
capabilities to the extent practicable; and
(5) describe and update, as appropriate,
short-, medium-, and long-term goals for executing the National
Biodefense Strategy and metrics for meeting each objective of the
Strategy.
(c) Submittal to Congress.--The Secretary of Health and Human
Services, the Secretary of Defense, the Secretary of Agriculture, and
the Secretary of Homeland Security shall, not later than 6 months after
the date of the completion of the assessment in subsection (d)(1)(A),
submit the updated Implementation Plan to the appropriate congressional
committees.
(d) Updated Biodefense Threat Assessment.--
(1) In general.--The Secretaries of Health and Human Services,
Defense, Agriculture, and Homeland Security, shall jointly, and in
consultation with the Director of National Intelligence, and other
agency heads as appropriate--
(A) conduct an assessment of current and potential
biological threats against the United States, both naturally
occurring and man-made, either accidental or deliberate,
including the potential for catastrophic biological threats,
such as a pandemic;
(B) not later than 1 year after the date of enactment of
this section, submit the findings of the assessment conducted
under subparagraph (A) to the Federal officials described in
subsection (d)(1)and the appropriate congressional committees
described in subsection (e);
(C) not later than 30 days after the date on which the
assessment is submitted under subparagraph (B), conduct a
briefing for the appropriate congressional committees on the
findings of the assessment;
(D) update the assessment under subparagraph (A)
biennially, as appropriate, and provide the findings of such
updated assessments to the Federal officials described in
subsection (d)(1) and the appropriate congressional committees;
and
(E) conduct briefings for the appropriate congressional
committees as needed any time an assessment under this
paragraph is updated.
(2) Classification and format.--Assessments under paragraph (1)
shall be submitted in an unclassified format and include a
classified annex, as appropriate.
(e) 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 Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate.
(3) The Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(4) The Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(5) The Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate.
(6) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(f) Rule of Construction.--Nothing in this section shall be
construed to alter, limit, or duplicate the roles, responsibilities,
authorities, or current activities, as established in statute or
otherwise through existing practice or policy, of each Federal
department or agency with responsibilities for biodefense or otherwise
relevant to implementation of the National Biodefense Strategy.
SEC. 365. PLANS AND REPORTS ON EMERGENCY RESPONSE TRAINING FOR
MILITARY INSTALLATIONS.
(a) Plans.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall ensure that
each military installation under the jurisdiction of the Secretary
that does not conduct live emergency response training on an annual
basis or more frequently with the civilian law enforcement and
emergency response agencies responsible for responding to an
emergency at the installation develops a plan to conduct such
training.
(2) Elements.--Each plan developed under paragraph (1) with
respect to an installation--
(A) shall include--
(i) the cost of implementing training described in
paragraph (1) at the installation;
(ii) a description of any obstacles to the
implementation of such training; and
(iii) recommendations for mitigating any such
obstacles; and
(B) shall be designed to ensure that the civilian law
enforcement and emergency response agencies described in
paragraph (1) are familiar with--
(i) the physical features of the installation,
including gates, buildings, armories, headquarters, command
and control centers, and medical facilities; and
(ii) the emergency response personnel and procedures of
the installation.
(3) Submittal of plans.--
(A) Submittal to secretary.--Not later than 90 days after
the date of the enactment of this Act, the commander of each
military installation required to develop a plan under
paragraph (1) shall submit such plan to the Secretary of
Defense.
(B) Submittal to congress.--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 summary of the plans submitted
to the Secretary under subparagraph (A).
(b) Reports on Training Conducted.--
(1) List of installations.--Not later than March 1, 2021, the
Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a list of all military
installations under the jurisdiction of the Secretary that conduct
live emergency response training on an annual basis or more
frequently with the civilian law enforcement and emergency response
agencies responsible for responding to an emergency at the
installation.
(2) Annual reports.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
commander of each military installation under the jurisdiction
of the Secretary shall submit to the Secretary a report on each
live emergency response training conducted during the year
covered by the report with the civilian law enforcement and
emergency response agencies responsible for responding to an
emergency at the installation.
(B) Elements.--Each report submitted under subparagraph (A)
shall include, with respect to each training exercise, the
following:
(i) The date and duration of the exercise.
(ii) A detailed description of the exercise.
(iii) An identification of all military and civilian
personnel who participated in the exercise.
(iv) Any recommendations resulting from the exercise.
(v) The actions taken, if any, to implement such
recommendations.
(C) Inclusion in annual budget submission.--
(i) In general.--The Secretary shall include in the
budget submitted to Congress by the President pursuant to
section 1105(a) of title 31, United States Code, a summary
of any report submitted to the Secretary under subparagraph
(A) during the one-year period preceding the submittal of
the budget.
(ii) Classified form.--The summary submitted under
clause (i) may be submitted in classified form.
(D) Sunset.--The requirement to submit annual reports under
subparagraph (A) shall terminate upon the submittal of the
budget described in subparagraph (C)(i) for fiscal year 2024.
SEC. 366. INAPPLICABILITY OF CONGRESSIONAL NOTIFICATION AND DOLLAR
LIMITATION REQUIREMENTS FOR ADVANCE BILLINGS FOR CERTAIN
BACKGROUND INVESTIGATIONS.
Section 2208(l) of title 10, United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) This subsection shall not apply to advance billing for
background investigation and related services performed by the Defense
Counterintelligence and Security Agency.''.
SEC. 367. ADJUSTMENT IN AVAILABILITY OF APPROPRIATIONS FOR UNUSUAL
COST OVERRUNS AND FOR CHANGES IN SCOPE OF WORK.
Section 8683 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Treatment of Amounts Appropriated After End of Period of
Obligation.--In the application of section 1553(c) of title 31 to funds
appropriated in the Operation and Maintenance, Navy account that are
available for ship overhaul, the Secretary of the Navy may treat the
limitation specified in paragraph (1) of such section to be
`$10,000,000' rather than `$4,000,000'.''.
SEC. 368. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT SECURITY
AND EMERGENCY RESPONSE RECOMMENDATIONS RELATING TO ACTIVE SHOOTER
OR TERRORIST ATTACKS ON INSTALLATIONS OF DEPARTMENT OF DEFENSE.
(a) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall implement the
applicable security and emergency response recommendations relating to
active shooter or terrorist attacks on installations of the Department
of Defense made in the following reports:
(1) The report by the Government Accountability Office dated
July 2015 entitled, ``Insider Threats: DOD Should Improve
Information Sharing and Oversight to Protect U.S. Installations''
(GAO-15-543).
(2) The report prepared by the Department of the Navy relating
to the Washington Navy Yard shooting in 2013.
(3) The report by the Department of the Army dated August 2010
entitled ``Fort Hood, Army Internal Review Team: Final Report''.
(4) The independent review by the Department of Defense dated
January 2010 entitled ``Protecting the Force: Lessons from Fort
Hood''.
(5) The report by the Department of the Air Force dated October
2010 entitled ``Air Force Follow-On Review: Protecting the Force:
Lessons from Fort Hood''.
(b) Notification of Inapplicable Recommendations.--
(1) In general.--If the Secretary determines that a
recommendation described in subsection (a) is outdated, is no
longer applicable, or has been superseded by more recent separate
guidance or recommendations set forth by the Government
Accountability Office, the Department of Defense, or another entity
in related contracted review, the Secretary shall notify the
Committees on Armed Services of the Senate and the House of
Representatives not later than 45 days after the date of the
enactment of this Act.
(2) Identification and justification.--The notification under
paragraph (1) shall include an identification, set forth by report
specified in subsection (a), of each recommendation that the
Secretary determines should not be implemented, with a
justification for each such determination.
SEC. 369. CLARIFICATION OF FOOD INGREDIENT REQUIREMENTS FOR FOOD OR
BEVERAGES PROVIDED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--Before making any final rule, statement, or
determination regarding the limitation or prohibition of any food or
beverage ingredient in military food service, military medical foods,
commissary food, or commissary food service, the Secretary of Defense
shall publish in the Federal Register a notice of a preliminary rule,
statement, or determination (in this section referred to as a
``proposed action'') and provide opportunity for public comment.
(b) Matters to Be Included.--The Secretary shall include in any
notice published under subsection (a) the following:
(1) The date of the notice.
(2) Contact information for the appropriate office at the
Department of Defense.
(3) A summary of the notice.
(4) A date for comments to be submitted and specific methods
for submitting comments.
(5) A description of the substance of the proposed action.
(6) Findings and a statement of reasons supporting the proposed
action.
(c) Waiver Authority.--
(1) Military operations and emergency response.--The Secretary
may waive subsections (a) and (b) if the Secretary determines that
such a 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.
(2) Protection of human health.--The Secretary may waive
subsections (a) and (b) if the Food and Drug Administration, the
Surgeon General of the United States, or the Surgeons General of
the Department of Defense makes a recall or prohibition
determination due to certain ingredients being harmful for human
consumption.
(3) Notification required.--
(A) In general.--The Secretary shall notify the
congressional defense committees not later than 60 days after
exercising waiver authority under paragraph (1).
(B) Elements.--The notification required under subparagraph
(A) shall include, with respect to each waiver, the following
elements:
(i) The date, time, and location of the issuance of the
waiver.
(ii) A detailed justification for the issuance of the
waiver.
(iii) An identification of the rule, statement, or
determination for which the Secretary issued the waiver,
including the proposed duration of such rule, statement, or
determination.
SEC. 370. COMMISSION ON THE NAMING OF ITEMS OF THE DEPARTMENT OF
DEFENSE THAT COMMEMORATE THE CONFEDERATE STATES OF AMERICA OR ANY
PERSON WHO SERVED VOLUNTARILY WITH THE CONFEDERATE STATES OF
AMERICA.
(a) Removal.--Not later than three years after the date of the
enactment of this Act, the Secretary of Defense shall implement the
plan submitted by the commission described in paragraph (b) and remove
all names, symbols, displays, monuments, and paraphernalia that honor
or commemorate the Confederate States of America (commonly referred to
as the ``Confederacy'') or any person who served voluntarily with the
Confederate States of America from all assets of the Department of
Defense.
(b) In General.--The Secretary of Defense shall establish a
commission relating to assigning, modifying, or removing of names,
symbols, displays, monuments, and paraphernalia to assets of the
Department of Defense that commemorate the Confederate States of
America or any person who served voluntarily with the Confederate
States of America.
(c) Duties.--The Commission shall--
(1) assess the cost of renaming or removing names, symbols,
displays, monuments, or paraphernalia that commemorate the
Confederate States of America or any person who served voluntarily
with the Confederate States of America;
(2) develop procedures and criteria to assess whether an
existing name, symbol, monument, display, or paraphernalia
commemorates the Confederate States of America or person who served
voluntarily with the Confederate States of America;
(3) recommend procedures for renaming assets of the Department
of Defense to prevent commemoration of the Confederate States of
America or any person who served voluntarily with the Confederate
States of America;
(4) develop a plan to remove names, symbols, displays,
monuments, or paraphernalia that commemorate the Confederate States
of America or any person who served voluntarily with the
Confederate States of America from assets of the Department of
Defense, within the timeline established by this Act; and
(5) include in the plan procedures and criteria for collecting
and incorporating local sensitivities associated with naming or
renaming of assets of the Department of Defense.
(d) Membership.--The Commission shall be composed of eight members,
of whom--
(1) four shall be appointed by the Secretary of Defense;
(2) one shall be appointed by the Chairman of the Committee on
Armed Services of the Senate;
(3) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the Senate;
(4) one shall be appointed by the Chairman of the Committee on
Armed Services of the House of Representatives; and
(5) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the House of Representatives.
(e) Appointment.--Members of the Commission shall be appointed not
later than 45 days after the date of the enactment of this Act.
(f) Initial Meeting.--The Commission shall hold its initial meeting
on the date that is 60 days after the enactment of this Act.
(g) Briefings and Reports.--Not later than October 1, 2021, the
Commission shall brief the Committees on Armed Services of the Senate
and House of Representatives detailing the progress of the requirements
under subsection (c). Not later than October 1, 2022, and not later
than 90 days before the implementation of the plan in subsection
(c)(4), the Commission shall present a briefing and written report
detailing the results of the requirements under subsection (c),
including:
(1) A list of assets to be removed or renamed.
(2) Costs associated with the removal or renaming of assets in
subsection (g)(1).
(3) Criteria and requirements used to nominate and rename
assets in subsection (g)(1).
(4) Methods of collecting and incorporating local sensitivities
associated with the removal or renaming of assets in subsection
(g)(1).
(h) Funding.--
(1) Authorization of appropriations.--There is authorized to be
appropriated $2,000,000 to carry out this section.
(2) Offset.--The amount authorized to be appropriated by the
Act for fiscal year 2021 for Operations and Maintenance, Army, sub
activity group 434 - other personnel support is hereby reduced by
$2,000,000.
(i) Assets Defined.--In this section, the term ``assets'' includes
any base, installation, street, building, facility, aircraft, ship,
plane, weapon, equipment, or any other property owned or controlled by
the Department of Defense.
(j) Exemption for Grave Markers.--Shall not cover monuments but
shall exempt grave markers. Congress expects the commission to further
define what constitutes a grave marker.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions to 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.
Sec. 415. Separate authorization by Congress of minimum end strengths
for non-temporary military technicians (dual status) and end
strengths for temporary military technicians (dual status).
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
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, 181,200.
(4) The Air Force, 333,475.
SEC. 402. REVISIONS TO PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
(a) In General.--Section 691 of title 10, United States Code, is
amended--
(1) in the heading, by striking ``two major regional
contingencies'' and inserting ``the National Defense Strategy'';
(2) in subsection (a)--
(A) by striking ``a national defense strategy calling for''
and inserting ``the national defense strategy of''; and
(B) by striking ``to be able to successfully conduct two
nearly simultaneous major regional contingencies'';
(3) in subsection (b), 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, 181,200.
``(4) For the Air Force, 333,475.''; and
(4) in subsection (e)--
(A) by inserting ``or the Secretary concerned'' after
``Secretary of Defense''; and
(B) by striking ``reduce a number specified in subsection
(b) by not more than 2 percent'' and inserting ``vary a number
specified in subsection (b) in accordance with section 115 of
this title''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 39 of such title is amended by striking the item relating to
section 691 and inserting the following:
``691. Permanent end strength levels to support the National Defense
Strategy''.
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'';
(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'';
and
(3) by striking subsection (b).
(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).
(a) In General.--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.
(b) Limitation.--Under no circumstances may a military technician
(dual status) employed under the authority of this section be coerced
by a State into accepting an offer of realignment or conversion to any
other military status, including as a member of the Active, Guard, and
Reserve program of a reserve component. If a military technician (dual
status) declines to participate in such realignment or conversion, no
further action will be taken against the individual or the individual's
position.
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.
SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF MINIMUM END
STRENGTHS FOR NON-TEMPORARY MILITARY TECHNICIANS (DUAL STATUS)
AND END STRENGTHS FOR TEMPORARY MILITARY TECHNICIANS (DUAL
STATUS).
(a) In General.--Section 115(d) of title 10, United States Code, is
amended--
(1) in the first sentence, by striking ``the end strength for
military technicians (dual status)'' and inserting ``both the
minimum end strength for non-temporary military technicians (dual
status) and the end strength for temporary military technicians
(dual status)''; and
(2) in the third sentence, by striking ``the end strength
requested for military technicians (dual status)'' and inserting
``the minimum end strength for non-temporary military technicians
(dual status), and the end strength for temporary military
technicians (dual status), requested''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the day after the date of the enactment of this Act. The
amendment made by subsection (a)(2) shall apply with respect to budgets
submitted by the President to Congress under section 1105 of title 31,
United States Code, after such effective date.
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 strengths of general and flag officers on active
duty.
Sec. 502. Temporary expansion of availability of enhanced constructive
service credit in a particular career field upon original
appointment as a commissioned officer.
Sec. 503. Diversity in selection boards.
Sec. 504. Requirement for promotion selection board recommendation of
higher placement on promotion list of officers of particular
merit.
Sec. 505. Special selection review boards for review of promotion of
officers subject to adverse information identified after
recommendation for promotion and related matters.
Sec. 506. Number of opportunities for consideration for promotion under
alternative promotion authority.
Sec. 507. Mandatory retirement for age.
Sec. 508. Clarifying and improving restatement of rules on the retired
grade of commissioned officers.
Sec. 509. Repeal of authority for original appointment of regular Navy
officers designated for engineering duty, aeronautical
engineering duty, and special duty.
Sec. 509A. Permanent programs on direct commissions to cyber positions.
Sec. 509B. Review of Seaman to Admiral-21 program.
Subtitle B--Reserve Component Management
Sec. 511. Temporary authority to order retired members to active duty in
high-demand, low-density assignments during war or national
emergency.
Sec. 512. Expansion of Junior Reserve Officers' Training Corps Program.
Sec. 513. Grants to support STEM education in the Junior Reserve
Officers' Training Corps.
Sec. 514. Permanent suicide prevention and resilience program for the
reserve components.
Sec. 515. Modification of education loan repayment program for members
of Selected Reserve.
Sec. 516. Inclusion of drill or training foregone due to emergency
travel or duty restrictions in computations of entitlement to
and amounts of retired pay for non-regular service.
Sec. 517. Quarantine lodging for members of the reserve components who
perform certain service in response to the COVID-19 emergency.
Sec. 518. Direct employment pilot program for certain members of the
reserve components.
Sec. 519. Pilot programs authorized in connection with SROTC units and
CSPI programs at Historically Black Colleges and Universities
and minority institutions.
Sec. 519A. Report regarding full-time National Guard duty in response to
the COVID-19 pandemic.
Sec. 519B. Study and report on National Guard support to States
responding to major disasters.
Sec. 519C. Report on guidance for use of unmanned aircraft systems by
the National Guard.
Sec. 519D. Study and report on ROTC recruitment.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Increased access to potential recruits.
Sec. 522. Sunset and transfer of functions of the Physical Disability
Board of Review.
Sec. 523. Honorary promotion matters.
Sec. 524. Exclusion of official photographs of members from records
furnished to promotion selection boards.
Sec. 525. Report regarding reviews of discharges and dismissals based on
sexual orientation.
Subtitle D--Prevention and Response To Sexual Assault, Harassment, and
Related Misconduct
Sec. 531. Modification of time required for expedited decisions in
connection with applications for change of station or unit
transfer of members who are victims of sexual assault or
related offenses.
Sec. 532. Confidential reporting of sexual harassment.
Sec. 533. Additional bases for provision of advice by the Defense
Advisory Committee for the Prevention of Sexual Misconduct.
Sec. 534. Additional matters for 2021 report of the Defense Advisory
Committee for the Prevention of Sexual Misconduct.
Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among
duties of Defense Advisory Committee for the Prevention of
Sexual Misconduct.
Sec. 536. Modification of reporting and data collection on victims of
sexual offenses.
Sec. 537. Modification of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 538. Coordination of support for survivors of sexual trauma.
Sec. 539. Policy for military service academies on separation of alleged
victims and alleged perpetrators in incidents of sexual
assault.
Sec. 539A. Safe-to-report policy applicable across the Armed Forces.
Sec. 539B. Accountability of leadership of the Department of Defense for
discharging the sexual harassment policies and programs of the
Department.
Sec. 539C. Reports on status of investigations of alleged sex-related
offenses.
Sec. 539D. Report on ability of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim Advocates to
perform duties.
Sec. 539E. Briefing on Special Victims' Counsel program.
Sec. 539F. Briefing on placement of members of the Armed Forces in
academic status who are victims of sexual assault onto Non-
Rated Periods.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Right to notice of victims of offenses under the Uniform Code
of Military Justice regarding certain post-trial motions,
filings, and hearings.
Sec. 542. Qualifications of judges and standard of review for Courts of
Criminal Appeals.
Sec. 543. Preservation of court-martial records.
Sec. 544. Availability of records for National Instant Criminal
Background Check System.
Sec. 545. Removal of personally identifying and other information of
certain persons from investigative reports, the Department of
Defense Central Index of Investigations, and other records and
databases.
Sec. 546. Briefing on mental health support for vicarious trauma for
certain personnel in the military justice system.
Sec. 547. Comptroller General of the United States report on
implementation by the Armed Forces of recent GAO
recommendations and statutory requirements on assessment of
racial, ethnic, and gender disparities in the military justice
system.
Sec. 548. Legal assistance for veterans and surviving spouses and
dependents.
Sec. 549. 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. 549A. Multidisciplinary board to evaluate suicide events.
Sec. 549B. Improvements to Department of Defense tracking of and
response to incidents of child abuse, adult crimes against
children, and serious harmful behavior between children and
youth involving military dependents on military installations.
Sec. 549C. Independent analysis and recommendations on domestic violence
in the Armed Forces.
Subtitle F--Diversity and Inclusion
Sec. 551. Diversity and inclusion reporting requirements and related
matters.
Sec. 552. National emergency exception for timing requirements with
respect to certain surveys of members of the Armed Forces.
Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in
workplace surveys administered by the Secretary of Defense.
Sec. 554. Inspector General oversight of diversity and inclusion in
Department of Defense; supremacist, extremist, or criminal
gang activity in the Armed Forces.
Sec. 555. Policy to improve responses to pregnancy and childbirth by
certain members of the Armed Forces.
Sec. 556. Training on certain Department of Defense instructions for
members of the Armed Forces.
Sec. 557. Evaluation of barriers to minority participation in certain
units of the Armed Forces.
Sec. 558. Comptroller General of the United States report on equal
opportunity at the military service academies.
Subtitle G--Decorations and Awards
Sec. 561. Extension of time to review World War I Valor Medals.
Sec. 562. Authorizations for certain awards.
Sec. 563. Feasibility study on establishment of service medal for
radiation-exposed veterans.
Sec. 564. Expressing support for the designation of Silver Star Service
Banner Day.
Subtitle H--Member Education, Training, Transition, and Resilience
Sec. 571. Mentorship and career counseling program for officers to
improve diversity in military leadership.
Sec. 572. Expansion of Skillbridge program to include the Coast Guard.
Sec. 573. Increase in number of permanent professors at the United
States Air Force Academy.
Sec. 574. Additional elements with 2021 and 2022 certifications on the
Ready, Relevant Learning initiative of the Navy.
Sec. 575. Information on nominations and applications for military
service academies.
Sec. 576. Report on potential improvements to certain military
educational institutions of the Department of Defense.
Sec. 577. College of International Security Affairs of the National
Defense University.
Sec. 578. Improvements to the Credentialing Opportunities On-Line
programs of the Armed Forces.
Sec. 579. GAO study regarding transferability of military certifications
to civilian occupational licenses and certifications.
Sec. 579A. Report regarding county, Tribal, and local veterans service
officers.
Subtitle I--Military Family Readiness and Dependents' Education
Sec. 581. Family readiness: definitions; communication strategy; review;
report.
Sec. 582. Improvements to Exceptional Family Member Program.
Sec. 583. Support services for members of special operations forces and
immediate family members.
Sec. 584. Responsibility for allocation of certain funds for military
child development programs.
Sec. 585. Military child care and child development center matters.
Sec. 586. Expansion of financial assistance under My Career Advancement
Account program.
Sec. 587. Improvements to partner criteria of the Military Spouse
Employment Partnership Program.
Sec. 588. 24-hour child care.
Sec. 589. Pilot program to provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 589A. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 589B. Staffing of Department of Defense Education Activity schools
to maintain maximum student-to-teacher ratios.
Sec. 589C. Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary schools.
Sec. 589D. Pilot program on expanded eligibility for Department of
Defense Education Activity Virtual High School program.
Sec. 589E. Training program regarding foreign malign influence
campaigns.
Sec. 589F. Study on cyberexploitation and online deception of members of
the Armed Forces and their families.
Sec. 589G. Matters relating to education for military dependent students
with special needs.
Sec. 589H. Studies and reports on the performance of the Department of
Defense Education Activity.
Subtitle J--Other Matters and Reports
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. Postponement of conditional designation of Explosive Ordnance
Disposal Corps as a basic branch of the Army.
Sec. 594. Armed Services Vocational Aptitude Battery Test special
purpose adjunct to address computational thinking.
Sec. 595. Extension of reporting deadline for the annual report on the
assessment of the effectiveness of activities of the Federal
Voting Assistance Program.
Sec. 596. Plan on performance of funeral honors details by members of
other Armed Forces when members of the Armed Force of the
deceased are unavailable.
Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on
members of the Armed Forces and best practices to prevent
future financial hardships.
Sec. 598. Limitation on implementation of Army Combat Fitness Test.
Sec. 599. Semiannual reports on implementation of recommendations of the
Comprehensive Review of Special Operations Forces Culture and
Ethics.
Sec. 599A. Report on impact of children of certain Filipino World War II
veterans on national security, foreign policy, and economic
and humanitarian interests of the United States.
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON
ACTIVE DUTY.
(a) Exclusion of Certain General and Flag Officers of Reserve
Components on Active Duty From Strength Limitations.--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 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.''.
(b) Allocation of Billets and Positions Among the Armed Forces and
for Joint Duty Assignments.--
(1) Report required.--Not later than May 1, 2021, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the results of
a study, conducted by the Secretary for purposes of the report, on
the following:
(A) The allocation among the Armed Forces of billets and
positions for general and flag officers on active duty.
(B) The allocation for joint duty assignments of billets
and positions for general and flag officers on active duty.
(2) Consultation.--The Secretary of Defense shall carry out
paragraph (1) in the consultation with the Secretaries of the
military departments and the Chairman of the Joint Chiefs of Staff.
(3) Elements.--The report required by paragraph (1) shall
include the following:
(A) A final plan to meet the authorized strengths of
general and flag officers on active duty after December, 31,
2022, as required by section 526a of title 10, United States
Code, which plan shall set forth the intended disposition of
each billet or position for general or flag officer in effect
as of the date of the enactment of this Act in order to meet
the objectives of the plan.
(B) A recommendation by the Secretary of Defense as to the
appropriate grade level or levels for the billet or position of
commander of a component command within a combatant command.
(C) A recommendation by the Chairman of the Joint Chief of
Staff as to whether the billet or position of commander of a
component command within a combatant command should be
considered a joint duty assignment for purposes of section
526(b) or 526a(b) of title 10, United States Code.
(D) A recommendation by the Secretary of Defense as to the
allocation of billets and positions for general and flag
officers on active duty among the Armed Forces within the
aggregate limitation specified in section 526a(a) of title 10,
United States Code, including the allocation of such billets
and positions within the Space Force.
(E) Such other matters as the Secretary of Defense
considers appropriate.
(c) Increase in Army Authorization for General Officers Serving in
Grade O-10.--
(1) Increase.--Section 525(a)(1)(A) of title 10, United States
Code, is amended by striking ``7'' and inserting ``8''.
(2) Conforming decrease in strength limitations for joint duty
requirements.--Section 526(b)(3)(A) of such title is amended by
striking ``20'' and inserting ``19''.
(3) Construction of decrease as applying to generals.--The
reduction in number of positions excluded from authorized strength
limitations resulting from the amendment made by paragraph (2)
shall apply to positions in the grade of general.
SEC. 502. 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):
``(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
four 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. 503. DIVERSITY IN SELECTION BOARDS.
(a) Requirement for Diverse Membership of Active Duty Promotion
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 diverse
population of the armed force concerned 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
diverse population of the armed force concerned to the extent
practicable.''.
(b) Requirement for Diverse Membership of Reserve Component
Promotion 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
diverse population of the armed force concerned 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 diverse population of the Armed Force concerned 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. 504. REQUIREMENT FOR PROMOTION SELECTION BOARD RECOMMENDATION
OF HIGHER PLACEMENT ON PROMOTION LIST OF OFFICERS OF PARTICULAR
MERIT.
(a) In General.--Section 616(h) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``may'' and inserting ``shall''; and
(B) by inserting ``pursuant to guidelines and procedures
prescribed by the Secretary,'' after ``officers of particular
merit,''; and
(2) in paragraph (3), by inserting ``, pursuant to guidelines
and procedures prescribed by the Secretary concerned,'' after
``shall recommend''.
(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 officers recommended for promotion by promotion
selection boards convened on or after that date.
SEC. 505. SPECIAL SELECTION REVIEW BOARDS FOR REVIEW OF PROMOTION
OF OFFICERS SUBJECT TO ADVERSE INFORMATION IDENTIFIED AFTER
RECOMMENDATION FOR PROMOTION AND RELATED MATTERS.
(a) Regular Officers.--
(1) In general.--Subchapter III of chapter 36 of title 10,
United States Code, is amended by inserting after section 628 the
following new section:
``Sec. 628a. Special selection review boards
``(a) In General.--(1) If the Secretary of the military department
concerned determines that a person recommended by a promotion board for
promotion to a grade at or below the grade of major general, rear
admiral in the Navy, or an equivalent grade in the Space Force is the
subject of credible information of an adverse nature, including any
substantiated adverse finding or conclusion described in section
615(a)(3)(A) of this title, that was not furnished to the promotion
board during its consideration of the person for promotion as otherwise
required by such section, the Secretary shall convene a special
selection review board under this section to review the person and
recommend whether the recommendation for promotion of the person should
be sustained.
``(2) If a person and the recommendation for promotion of the
person is subject to review under this section by a special selection
review board convened under this section, the name of the person--
``(A) shall not be disseminated or publicly released on the
list of officers recommended for promotion by the promotion board
recommending the promotion of the person; and
``(B) shall not be forwarded to the Secretary of Defense, the
President, or the Senate, as applicable, or included on a promotion
list under section 624(a) of this title.
``(b) Convening.--(1) Any special selection review board convened
under this section shall be convened in accordance with the provisions
of section 628(f) of this title.
``(2) Any special selection review board convened under this
section may review such number of persons, and recommendations for
promotion of such persons, as the Secretary of the military department
concerned shall specify in convening such special selection review
board.
``(c) Information Considered.--(1) In reviewing a person and
recommending whether the recommendation for promotion of the person
should be sustained under this section, a special selection review
board convened under this section shall be furnished and consider the
following:
``(A) The record and information concerning the person
furnished in accordance with section 615(a)(2) of this title to the
promotion board that recommended the person for promotion.
``(B) Any credible information of an adverse nature on the
person, including any substantiated adverse finding or conclusion
from an officially documented investigation or inquiry described in
section 615(a)(3)(A) of this title.
``(2) The furnishing of information to a special selection review
board under paragraph (1)(B) shall be governed by the standards and
procedures referred to in paragraph (3)(C) of section 615(a) of this
title applicable to the furnishing of information described in
paragraph (3)(A) of such section to selection boards in accordance with
that section.
``(3)(A) Before information on a person described in paragraph
(1)(B) is furnished to a special selection review board for purposes of
this section, the Secretary of the military department concerned shall
ensure that--
``(i) such information is made available to the person; and
``(ii) subject to subparagraphs (C) and (D), the person is
afforded a reasonable opportunity to submit comments on such
information to the special selection review board before its review
of the person and the recommendation for promotion of the person
under this section.
``(B) If information on a person described in paragraph (1)(B) is
not made available to the person as otherwise required by subparagraph
(A)(i) due to the classification status of such information, the person
shall, to the maximum extent practicable, be furnished a summary of
such information appropriate to the person's authorization for access
to classified information.
``(C)(i) An opportunity to submit comments on information is not
required for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the person in
connection with the furnishing of such information under section
615(a) of this title to the promotion board that recommended the
promotion of the person subject to review under this section; and
``(II) the person submitted comments on such information to
that promotion board.
``(ii) The comments on information of a person described in clause
(i)(II) shall be furnished to the special selection review board.
``(D) A person may waive either or both of the following:
``(i) The right to submit comments to a special selection
review board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special selection review
board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and information
on a person under this section, the special selection review board
shall compare such record and information with an appropriate sampling
of the records of those officers of the same competitive category who
were recommended for promotion by the promotion board that recommended
the person for promotion, and an appropriate sampling of the records of
those officers who were considered by and not recommended for promotion
by that promotion board.
``(2) Records and information shall be presented to a special
selection review board for purposes of paragraph (1) in a manner that
does not indicate or disclose the person or persons for whom the
special selection review board was convened.
``(3) In considering whether the recommendation for promotion of a
person should be sustained under this section, a special selection
review board shall, to the greatest extent practicable, apply standards
used by the promotion board that recommended the person for promotion.
``(4) The recommendation for promotion of a person may be sustained
under this section only if the special selection review board
determines that the person--
``(A) ranks on an order of merit created by the special
selection review board as better qualified for promotion than the
sample officer highest on the order of merit list who was
considered by and not recommended for promotion by the promotion
board concerned; and
``(B) is comparable in qualification for promotion to those
sample officers who were recommended for promotion by that
promotion board.
``(5) A recommendation for promotion of a person may be sustained
under this section only by a vote of a majority of the members of the
special selection review board.
``(6) If a special selection review board does not sustain a
recommendation for promotion of a person under this section, the person
shall be considered to have failed of selection for promotion.
``(e) Reports.--(1) Each special selection review board convened
under this section shall submit to the Secretary of the military
department concerned a written report, signed by each member of the
board, containing the name of each person whose recommendation for
promotion it recommends for sustainment and certifying that the board
has carefully considered the record and information of each person
whose name was referred to it.
``(2) The provisions of sections 617(b) and 618 of this title apply
to the report and proceedings of a special selection review board
convened under this section in the same manner as they apply to the
report and proceedings of a promotion board convened under section
611(a) of this title.
``(f) Appointment of Persons.--(1) If the report of a special
selection review board convened under this section recommends the
sustainment of the recommendation for promotion to the next higher
grade of a person whose name was referred to it for review under this
section, and the President approves the report, the person shall, as
soon as practicable, be appointed to that grade in accordance with
subsections (b) and (c) of section 624 of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have the same
date of rank, the same effective date for the pay and allowances of
that grade, and the same position on the active-duty list as the person
would have had pursuant to the original recommendation for promotion of
the promotion board concerned.
``(g) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to carry out this section. Such regulations shall apply
uniformly across the military departments.
``(2) Any regulation prescribed by the Secretary of a military
department to supplement the regulations prescribed pursuant to
paragraph (1) may not take effect without the approval of the Secretary
of Defense, in writing.
``(h) Promotion Board Defined.--In this section, the term
`promotion board 'means a selection board convened by the Secretary of
a military department under section 611(a) of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter III of chapter 36 of such title is amended by
inserting after the item relating to section 628 the following new
item:
``628a. Special selection review boards.''.
(3) Delay in promotion.--Section 624(d) of such title is
amended--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``or'' at the end;
(ii) in subparagraph (E), by striking the period at the
end and inserting ``; or''; and
(iii) by inserting after subparagraph (E) the following
new subparagraph (F):
``(F) the Secretary of the military department concerned
determines that credible information of an adverse nature,
including a substantiated adverse finding or conclusion described
in section 615(a)(3)(A) of this title, with respect to the officer
will result in the convening of a special selection review board
under section 628a of this title to review the officer and
recommend whether the recommendation for promotion of the officer
should be sustained.'';
(B) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(C) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In the case of an officer whose promotion is delayed pursuant
to paragraph (1)(F) and whose recommendation for promotion is
sustained, authorities for the promotion of the officer are specified
in section 628a(f) of this title.''; and
(D) in paragraph (4), as redesignated by subparagraph (B)--
(i) by striking ``The appointment'' and inserting ``(A)
Except as provided in subparagraph (B), the appointment'';
and
(ii) by adding at the end the following new
subparagraph:
``(B) In the case of an officer whose promotion is delayed pursuant
to paragraph (1)(F), requirements applicable to notice and opportunity
for response to such delay are specified in section 628a(c)(3) of this
title.''.
(b) Reserve Officers.--
(1) In general.--Chapter 1407 of title 10, United States Code,
is amended by inserting after section 14502 the following new
section:
``Sec. 14502a. Special selection review boards
``(a) In General.--(1) If the Secretary of the military department
concerned determines that a person recommended by a promotion board for
promotion to a grade at or below the grade of major general or rear
admiral in the Navy is the subject of credible information of an
adverse nature, including any substantiated adverse finding or
conclusion described in section 14107(a)(3)(A) of this title, that was
not furnished to the promotion board during its consideration of the
person for promotion as otherwise required by such section, the
Secretary shall convene a special selection review board under this
section to review the person and recommend whether the recommendation
for promotion of the person should be sustained.
``(2) If a person and the recommendation for promotion of the
person is subject to review under this section by a special selection
review board convened under this section, the name of the person--
``(A) shall not be disseminated or publicly released on the
list of officers recommended for promotion by the promotion board
recommending the promotion of the person; and
``(B) shall not be forwarded to the Secretary of Defense, the
President, or the Senate, as applicable, or included on a promotion
list under section 14308(a) of this title.
``(b) Convening.--(1) Any special selection review board convened
under this section shall be convened in accordance with the provisions
of section 14502(b)(2) of this title.
``(2) Any special selection review board convened under this
section may review such number of persons, and recommendations for
promotion of such persons, as the Secretary of the military department
concerned shall specify in convening such special selection review
board.
``(c) Information Considered.--(1) In reviewing a person and
recommending whether the recommendation for promotion of the person
should be sustained under this section, a special selection review
board convened under this section shall be furnished and consider the
following:
``(A) The record and information concerning the person
furnished in accordance with section 14107(a)(2) of this title to
the promotion board that recommended the person for promotion.
``(B) Any credible information of an adverse nature on the
person, including any substantiated adverse finding or conclusion
from an officially documented investigation or inquiry described in
section 14107(a)(3)(A) of this title.
``(2) The furnishing of information to a special selection review
board under paragraph (1)(B) shall be governed by the standards and
procedures referred to in paragraph (3)(B) of section 14107(a) of this
title applicable to the furnishing of information described in
paragraph (3)(A) of such section to promotion boards in accordance with
that section.
``(3)(A) Before information on person described in paragraph (1)(B)
is furnished to a special selection review board for purposes of this
section, the Secretary of the military department concerned shall
ensure that--
``(i) such information is made available to the person; and
``(ii) subject to subparagraphs (C) and (D), the person is
afforded a reasonable opportunity to submit comments on such
information to the special selection review board before its review
of the person and the recommendation for promotion of the person
under this section.
``(B) If information on an officer described in paragraph (1)(B) is
not made available to the person as otherwise required by subparagraph
(A)(i) due to the classification status of such information, the person
shall, to the maximum extent practicable, be furnished a summary of
such information appropriate to the person's authorization for access
to classified information.
``(C)(i) An opportunity to submit comments on information is not
required for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the person in
connection with the furnishing of such information under section
14107(a) of this title to the promotion board that recommended the
promotion of the person subject to review under this section; and
``(II) the person submitted comments on such information to
that promotion board.
``(ii) The comments on information of a person described in clause
(i)(II) shall be furnished to the special selection review board.
``(D) A person may waive either or both of the following:
``(i) The right to submit comments to a special selection
review board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special selection review
board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and information
on a person under this section, the special selection review board
shall compare such record and information with an appropriate sampling
of the records of those officers of the same competitive category who
were recommended for promotion by the promotion board that recommended
the person for promotion, and an appropriate sampling of the records of
those officers who were considered by and not recommended for promotion
by that promotion board.
``(2) Records and information shall be presented to a special
selection review board for purposes of paragraph (1) in a manner that
does not indicate or disclose the person or persons for whom the
special selection review board was convened.
``(3) In considering whether the recommendation for promotion of a
person should be sustained under this section, a special selection
review board shall, to the greatest extent practicable, apply standards
used by the promotion board that recommended the person for promotion.
``(4) The recommendation for promotion of a person may be sustained
under this section only if the special selection review board
determines that the person--
``(A) ranks on an order of merit created by the special
selection review board as better qualified for promotion than the
sample officer highest on the order of merit list who was
considered by and not recommended for promotion by the promotion
board concerned; and
``(B) is comparable in qualification for promotion to those
sample officers who were recommended for promotion by that
promotion board.
``(5) A recommendation for promotion of a person may be sustained
under this section only by a vote of a majority of the members of the
special selection review board.
``(6) If a special selection review board does not sustain a
recommendation for promotion of a person under this section, the person
shall be considered to have failed of selection for promotion.
``(e) Reports.--(1) Each special selection review board convened
under this section shall submit to the Secretary of the military
department concerned a written report, signed by each member of the
board, containing the name of each person whose recommendation for
promotion it recommends for sustainment and certifying that the board
has carefully considered the record and information of each person
whose name was referred to it.
``(2) The provisions of sections 14109(c), 14110, and 14111 of this
title apply to the report and proceedings of a special selection review
board convened under this section in the same manner as they apply to
the report and proceedings of a promotion board convened under section
14101(a) of this title.
``(f) Appointment of Persons.--(1) If the report of a special
selection review board convened under this section recommends the
sustainment of the recommendation for promotion to the next higher
grade of a person whose name was referred to it for review under this
section, and the President approves the report, the person shall, as
soon as practicable, be appointed to that grade in accordance with
section 14308 of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have the same
date of rank, the same effective date for the pay and allowances of
that grade, and the same position on the reserve active-status list as
the person would have had pursuant to the original recommendation for
promotion of the promotion board concerned.
``(g) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to carry out this section. Such regulations shall apply
uniformly across the military departments.
``(2) Any regulation prescribed by the Secretary of a military
department to supplement the regulations prescribed pursuant to
paragraph (1) may not take effect without the approval of the Secretary
of Defense, in writing.
``(h) Promotion Board Defined.--In this section, the term
`promotion board 'means a selection board convened by the Secretary of
a military department under section 14101(a) of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 1407 of such title is amended by inserting after the
item relating to section 14502 the following new item:
``14502a. Special selection review boards.''.
(3) Delay in promotion.--Section 14311 of such title is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by adding at the end the
following new subparagraph:
``(F) The Secretary of the military department concerned
determines that credible information of adverse nature, including a
substantiated adverse finding or conclusion described in section
14107(a)(3)(A) of this title, with respect to the officer will
result in the convening of a special selection review board under
section 14502a of this title to review the officer and recommend
whether the recommendation for promotion of the officer should be
sustained.''; and
(ii) by adding at the end the following new paragraph:
``(3) In the case of an officer whose promotion is delayed pursuant
to paragraph (1)(F) and whose recommendation for promotion is
sustained, authorities for the promotion of the officer are specified
in section 14502a(f) of this title.''; and
(B) in subsection (c), by adding at the end the following
new paragraph:
``(3) Notwithstanding paragraphs (1) and (2), in the case of an
officer whose promotion is delayed pursuant to subsection (a)(1)(F),
requirements applicable to notice and opportunity for response to such
delay are specified in section 14502a(c)(3) of this title.''.
(c) Requirements for Furnishing Adverse Information on Regular
Officers to Promotion Selection Boards.--
(1) Extension of requirements to space force regular
officers.--Subparagraph (B)(i) of section 615(a)(3) of title 10,
United States Code, is amended by striking ``or, in the case of the
Navy, lieutenant'' and inserting ``, in the case of the Navy,
lieutenant, or in the case of the Space Force, the equivalent
grade''.
(2) Satisfaction of requirements through special selection
review boards.--Such section is further amended by adding at the
end the following new subparagraph:
``(D) With respect to the consideration of an officer for promotion
to a grade at or below major general, in the case of the Navy, rear
admiral, or, in the case of the Space Force, the equivalent grade, the
requirements in subparagraphs (A) and (C) may be met through the
convening and actions of a special selection review board with respect
to the officer under section 628a of this title.''.
(3) Delayed applicability of requirements to boards for
promotion of officers to non-general and flag officer grades.--
Subsection (c) of section 502 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1344) is
amended to read as follows:
``(c) Effective Date and Applicability.--
``(1) Effective date.--The amendments made by this section
shall take effect on December 20, 2019, and shall, except as
provided in paragraph (2), apply with respect to the proceedings of
promotion selection boards convened under section 611(a) of title
10, United States Code, after that date.
``(2) Delayed applicability for boards for promotion to non-
general and flag officer grades.--The amendments made this section
shall apply with respect to the proceedings of promotion selection
boards convened under section 611(a) of title 10, United States
Code, for consideration of officers for promotion to a grade below
the grade of brigadier general or, in the case of the Navy, rear
admiral (lower half), only if such boards are so convened after
January 1, 2021.''.
(d) Requirements for Furnishing Adverse Information on Reserve
Officers to Promotion Selection Boards.--Section 14107(a)(3) of title
10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking ``colonel, or, in the case of the Navy, captain'' and
inserting ``lieutenant colonel, or, in the case of the Navy,
commander''; and
(3) by adding at the end the following new subparagraphs
``(B) The standards and procedures referred to in subparagraph (A)
shall require the furnishing to the selection board, and to each
individual member of the board, the information described in that
subparagraph with regard to an officer in a grade specified in that
subparagraph at each stage or phase of the selection board, concurrent
with the screening, rating, assessment, evaluation, discussion, or
other consideration by the board or member of the official military
personnel file of the officer, or of the officer.
``(C) With respect to the consideration of an officer for promotion
to a grade at or below major general or, in the Navy, rear admiral, the
requirements in subparagraphs (A) and (B) may be met through the
convening and actions of a special selection board with respect to the
officer under section 14502a of this title.''.
SEC. 506. NUMBER OF OPPORTUNITIES FOR CONSIDERATION FOR PROMOTION
UNDER ALTERNATIVE PROMOTION AUTHORITY.
Section 649c of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Inapplicability of Requirement Relating to Opportunities for
Consideration for Promotion.--Section 645(1)(A)(i)(I) of this title
shall not apply to the promotion of officers described in subsection
(a) to the extent that such section is inconsistent with a number of
opportunities for promotion specified pursuant to section 649d of this
title.''.
SEC. 507. MANDATORY RETIREMENT FOR AGE.
(a) General Rule.--Subsection (a) of section 1251 of title 10,
United States Code, is amended--
(1) by striking ``or Marine Corps,'' and inserting ``Marine
Corps, or Space Force''; and
(2) by inserting ``or separated, as specified in subsection
(e),'' after ``shall be retired''.
(b) Deferred Retirement or Separation of Health Professions
Officers.--Subsection (b) of such section is amended--
(1) in the subsection heading, by inserting ``or Separation''
after ``Retirement''; and
(2) in paragraph (1), by inserting ``or separation'' after
``retirement''.
(c) Deferred Retirement or Separation of Other Officers.--
Subsection (c) of such section is amended--
(1) in the subsection heading, by striking ``of Chaplains'' and
inserting ``or Separation of Other Officers'';
(2) by inserting ``or separation'' after ``retirement''; and
(3) by striking ``an officer who is appointed or designated as
a chaplain'' and inserting ``any officer other than a health
professions officer described in subsection (b)(2)''.
(d) Retirement or Separation Based on Years of Creditable
Service.--Such section is further amended by adding at the end the
following new subsection:
``(e) Retirement or Separation Based on Years of Creditable
Service.--(1) The following rules shall apply to a regular commissioned
officer who is to be retired or separated under subsection (a):
``(A) If the officer has at least 6 but fewer than 20 years of
creditable service, the officer shall be separated, with separation
pay computed under section 1174(d)(1) of this title.
``(B) If the officer has fewer than 6 years of creditable
service, the officer shall be separated under subsection (a).
``(2) Notwithstanding paragraph (1), in the case of a regular
commissioned officer who was added to the retired list before the date
of the enactment of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, the officer shall be retired,
with retired pay computed under section 1401 of this title.''.
SEC. 508. CLARIFYING AND IMPROVING RESTATEMENT OF RULES ON THE
RETIRED GRADE OF COMMISSIONED OFFICERS.
(a) Restatement.--
(1) In general.--Chapter 69 of title 10, United States Code, is
amended by striking section 1370 and inserting the following new
sections:
``Sec. 1370. Regular commissioned officers
``(a) Retirement in Highest Grade in Which Served Satisfactorily.--
``(1) In general.--Unless entitled to a different retired grade
under some other provision of law, a commissioned officer (other
than a commissioned warrant officer) of the Army, Navy, Air Force,
Marine Corps, or Space Force who retires under any provision of law
other than chapter 61 or 1223 of this title shall be retired in the
highest permanent grade in which such officer is determined to have
served on active duty satisfactorily.
``(2) Determination of satisfactory service.--The determination
of satisfactory service of an officer in a grade under paragraph
(1) shall be made as follows:
``(A) By the Secretary of the military department
concerned, if the officer is serving in a grade at or below the
grade of major general, rear admiral in the Navy, or the
equivalent grade in the Space Force.
``(B) By the Secretary of Defense, if the officer is
serving or has served in a grade above the grade of major
general, rear admiral in the Navy, or the equivalent grade in
the Space Force.
``(3) Effect of misconduct in lower grade in determination.--If
the Secretary of a military department or the Secretary of Defense,
as applicable, determines that an officer committed misconduct in a
lower grade than the retirement grade otherwise provided for the
officer by this section--
``(A) such Secretary may deem the officer to have not
served satisfactorily in any grade equal to or higher than such
lower grade for purposes of determining the retirement grade of
the officer under this section; and
``(B) the grade next lower to such lower grade shall be the
retired grade of the officer under this section.
``(4) Nature of retirement of certain reserve officers and
officers in temporary grades.--A reserve officer, or an officer
appointed to a position under section 601 of this title, who is
notified that the officer will be released from active duty without
the officer's consent and thereafter requests retirement under
section 7311, 8323, or 9311 of this title and is retired pursuant
to that request is considered for purposes of this section to have
been retired involuntarily.
``(5) Nature of retirement of certain removed officers.--An
officer retired pursuant to section 1186(b)(1) of this title is
considered for purposes of this section to have been retired
voluntarily.
``(b) Retirement of Officers Retiring Voluntarily.--
``(1) Service-in-grade requirement.--In order to be eligible
for voluntary retirement under any provision of this title in a
grade above the grade of captain in the Army, Air Force, or Marine
Corps, lieutenant in the Navy, or the equivalent grade in the Space
Force, a commissioned officer of the Army, Navy, Air Force, Marine
Corps, or Space Force must have served on active duty in that grade
for a period of not less than three years, except that--
``(A) subject to subsection (c), the Secretary of Defense
may reduce such period to a period of not less than two years
for any officer; and
``(B) in the case of an officer to be retired in a grade at
or below the grade of major general in the Army, Air Force, or
Marine Corps, rear admiral in the Navy, or an equivalent grade
in the Space Force, the Secretary of Defense may authorize the
Secretary of the military department concerned to reduce such
period to a period of not less than two years.
``(2) Limitation on delegation.--The authority of the Secretary
of Defense in subparagraph (A) of paragraph (1) may not be
delegated. The authority of the Secretary of a military department
in subparagraph (B) of paragraph (1), as delegated to such
Secretary pursuant to such subparagraph, may not be further
delegated.
``(3) Waiver of requirement.--Subject to subsection (c), the
President may waive the application of the service-in-grade
requirement in paragraph (1) to officers covered by that paragraph
in individual cases involving extreme hardship or exceptional or
unusual circumstances. The authority of the President under this
paragraph may not be delegated.
``(4) Limitation on reduction or waiver of requirement for
officers under investigation or pending misconduct.--In the case of
an officer to be retired in a grade above the grade of colonel in
the Army, Air Force, or Marine Corps, captain in the Navy, or the
equivalent grade in the Space Force, the service-in-grade
requirement in paragraph (1) may not be reduced pursuant to that
paragraph, or waived pursuant to paragraph (3), while the officer
is under investigation for alleged misconduct or while there is
pending the disposition of an adverse personnel action against the
officer.
``(5) Grade and fiscal year limitations on reduction or waiver
of requirements.--The aggregate number of members of an armed force
in a grade for whom reductions are made under paragraph (1), and
waivers are made under paragraph (3), in a fiscal year may not
exceed--
``(A) in the case of officers to be retired in a grade at
or below the grade of major in the Army, Air Force, or Marine
Corps, lieutenant commander in the Navy, or the equivalent
grade in the Space Force, the number equal to two percent of
the authorized active-duty strength for that fiscal year for
officers of that armed force in that grade;
``(B) in the case of officers to be retired in the grade of
lieutenant colonel or colonel in the Army, Air Force, or Marine
Corps, commander or captain in the Navy, or an equivalent grade
in the Space Force, the number equal to four percent of the
authorized active-duty strength for that fiscal year for
officers of that armed force in the applicable grade; or
``(C) in the case of officers to be retired in the grade of
brigadier general or major general in the Army, Air Force, or
Marine Corps, rear admiral (lower half) or rear admiral in the
Navy, or an equivalent grade in the Space Force, the number
equal to 10 percent of the authorized active-duty strength for
that fiscal year for officers of that armed force in the
applicable grade.
``(6) Notice to congress on reduction or waiver of requirements
for general, flag, and equivalent officer grades.--In the case of
an officer to be retired in a grade that is a general or flag
officer grade, or an equivalent grade in the Space Force, who is
eligible to retire in that grade only by reason of an exercise of
the authority in paragraph (1) to reduce the service-in-grade
requirement in that paragraph, or the authority in paragraph (3) to
waive that requirement, the Secretary of Defense or the President,
as applicable, shall, not later than 60 days prior to the date on
which the officer will be retired in that grade, notify the
Committees on Armed Services of the Senate and the House of
Representatives of the exercise of the applicable authority with
respect to that officer.
``(7) Retirement in next lowest grade for officers not meeting
requirement.--An officer described in paragraph (1) whose length of
service in the highest grade held by the officer while on active
duty does not meet the period of the service-in-grade requirement
applicable to the officer under this subsection shall, subject to
subsection (c), be retired in the next lower grade in which the
officer served on active duty satisfactorily, as determined by the
Secretary of the military department concerned or the Secretary of
Defense, as applicable.
``(c) Officers in O-9 and O-10 Grades.--
``(1) In general.--An officer of the Army, Navy, Air Force,
Marine Corps, or Space Force who is serving or has served in a
position of importance and responsibility designated by the
President to carry the grade of lieutenant general or general in
the Army, Air Force, or Marine Corps, vice admiral or admiral in
the Navy, or an equivalent grade in the Space Force under section
601 of this title may be retired in such grade under subsection (a)
only after the Secretary of Defense certifies in writing to the
President and the Committees on Armed Services of the Senate and
the House of Representatives that the officer served on active duty
satisfactorily in such grade.
``(2) Prohibition on delegation.--The authority of the
Secretary of Defense to make a certification with respect to an
officer under paragraph (1) may not be delegated.
``(3) Requirements in connection with certification.--A
certification with respect to an officer under paragraph (1)
shall--
``(A) be submitted by the Secretary of Defense such that it
is received by the President and the Committees on Armed
Services of the Senate and the House of Representatives not
later than 60 days prior to the date on which the officer will
be retired in the grade concerned;
``(B) include an up-to-date copy of the military biography
of the officer; and
``(C) include the statement of the Secretary as to whether
or not potentially adverse, adverse, or reportable information
regarding the officer was considered by the Secretary in making
the certification.
``(4) Construction with other notice.--In the case of an
officer under paragraph (1) to whom a reduction in the service-in-
grade requirement under subsection (b)(1) or waiver under
subsection (b)(3) applies, the requirement for notification under
subsection (b)(6) is satisfied if the notification is included in
the certification submitted by the Secretary of Defense under
paragraph (1).
``(d) Conditional Retirement Grade and Retirement for Officers
Pending Investigation or Adverse Action.--
``(1) In general.--When an officer serving in a grade at or
below the grade of major general in the Army, Air Force, or Marine
Corps, rear admiral in the Navy, or an equivalent grade in the
Space Force is under investigation for alleged misconduct or
pending the disposition of an adverse personnel action at the time
of retirement, the Secretary of the military department concerned
may--
``(A) conditionally determine the highest permanent grade
of satisfactory service on active duty of the officer pending
completion of the investigation or resolution of the personnel
action, as applicable; and
``(B) retire the officer in that conditional grade, subject
to subsection (e).
``(2) Officers in o-9 and o-10 grades.--When an officer
described by subsection (c)(1) is under investigation for alleged
misconduct or pending the disposition of an adverse personnel
action at the time of retirement, the Secretary of Defense may--
``(A) conditionally determine the highest permanent grade
of satisfactory service on active duty of the officer, pending
completion of the investigation or personnel action, as
applicable; and
``(B) retire the officer in that conditional grade, subject
to subsection (e).
``(3) Reduction or waiver of service-in-grade requirement
prohibited for general, flag, and equivalent officer grades.--In
conditionally determining the retirement grade of an officer under
paragraph (1)(A) or (2)(A) of this subsection to be a grade above
the grade of colonel in the Army, Air Force, or Marine Corps,
captain in the Navy, or the equivalent grade in the Space Force,
the service-in-grade requirement in subsection (b)(1) may not be
reduced pursuant to subsection (b)(1) or waived pursuant to
subsection (b)(3).
``(4) Prohibition on delegation.--The authority of the
Secretary of a military department under paragraph (1) may not be
delegated. The authority of the Secretary of Defense under
paragraph (2) may not be delegated.
``(e) Final Retirement Grade Following Resolution of Pending
Investigation or Adverse Action.--
``(1) No change from conditional retirement grade.--If the
resolution of an investigation or personnel action with respect to
an officer who has been retired in a conditional retirement grade
pursuant to subsection (d) results in a determination that the
conditional retirement grade in which the officer was retired will
not be changed, the conditional retirement grade of the officer
shall, subject to paragraph (3), be the final retired grade of the
officer.
``(2) Change from conditional retirement grade.--If the
resolution of an investigation or personnel action with respect to
an officer who has been retired in a conditional retirement grade
pursuant to subsection (d) results in a determination that the
conditional retirement grade in which the officer was retired
should be changed, the changed retirement grade shall be the final
retired grade of the officer under this section, except that if the
final retirement grade provided for an officer pursuant to this
paragraph is the grade of lieutenant general or general in the
Army, Air Force, or Marine Corps, vice admiral or admiral in the
Navy, or an equivalent grade in the Space Force, the requirements
in subsection (c) shall apply in connection with the retirement of
the officer in such final retirement grade.
``(3) Recalculation of retired pay.--
``(A) In general.--If the final retired grade of an officer
is as a result of a change under paragraph (2), the retired pay
of the officer under chapter 71 of this title shall be
recalculated accordingly, with any modification of the retired
pay of the officer to go into effect as of the date of the
retirement of the officer.
``(B) Payment of higher amount for period of conditional
retirement grade.--If the recalculation of the retired pay of
an officer results in an increase in retired pay, the officer
shall be paid the amount by which such increased retired pay
exceeded the amount of retired pay paid the officer for
retirement in the officer's conditional grade during the period
beginning on the date of the retirement of the officer in such
conditional grade and ending on the effective date of the
change of the officer's retired grade. For an officer whose
retired grade is determined pursuant to subsection (c), the
effective date of the change of the officer's retired grade for
purposes of this subparagraph shall be the date that is 60 days
after the date on which the Secretary of Defense submits to the
Committees on Armed Services of the Senate and the House of
Representatives the certification required by subsection (c) in
connection with the retired grade of the officer.
``(C) Recoupment of overage during period of conditional
retirement grade.--If the recalculation of the retired pay of
an officer results in a decrease in retired pay, there shall be
recouped from the officer the amount by which the amount of
retired pay paid the officer for retirement in the officer's
conditional grade exceeded such decreased retired pay during
the period beginning on the date of the retirement of the
officer in such conditional grade and ending on the effective
date of the change of the officer's retired grade.
``(f) Finality of Retired Grade Determinations.--
``(1) In general.--Except for a conditional determination
authorized by subsection (d), a determination of the retired grade
of an officer pursuant to this section is administratively final on
the day the officer is retired, and may not be reopened, except as
provided in paragraph (2).
``(2) Reopening.--A final determination of the retired grade of
an officer may be reopened as follows:
``(A) If the retirement or retired grade of the officer was
procured by fraud.
``(B) If substantial evidence comes to light after the
retirement that could have led to determination of a different
retired grade under this section if known by competent
authority at the time of retirement.
``(C) If a mistake of law or calculation was made in the
determination of the retired grade.
``(D) If the applicable Secretary determines, pursuant to
regulations prescribed by the Secretary of Defense, that good
cause exists to reopen the determination of retired grade.
``(3) Applicable secretary.--For purposes of this subsection,
the applicable Secretary for purposes of a determination or action
specified in this subsection is--
``(A) the Secretary of the military department concerned,
in the case of an officer retired in a grade at or below the
grade of major general in the Army, Air Force, or Marine Corps,
rear admiral in the Navy, or the equivalent grade in the Space
Force; or
``(B) the Secretary of Defense, in the case of an officer
retired in a grade of lieutenant general or general in the
Army, Air Force, or Marine Corps, vice admiral or admiral in
the Navy, or an equivalent grade in the Space Force.
``(4) Notice and limitation.--If a final determination of the
retired grade of an officer is reopened in accordance with
paragraph (2), the applicable Secretary--
``(A) shall notify the officer of the reopening; and
``(B) may not make an adverse determination on the retired
grade of the officer until the officer has had a reasonable
opportunity to respond regarding the basis for the reopening of
the officer's retired grade.
``(5) Additional notice on reopening for officers retired in o-
9 and o-10 grades.--If the determination of the retired grade of an
officer whose retired grade was provided for pursuant to subsection
(c) is reopened, the Secretary of Defense shall also notify the
President and the Committees on Armed Services of the Senate and
the House of Representatives.
``(6) Manner of making of change.--If the retired grade of an
officer is proposed to be changed through the reopening of the
final determination of an officer's retired grade under this
subsection, the change in grade shall be made--
``(A) in the case of an officer whose retired grade is to
be changed to a grade at or below the grade of major general in
the Army, Air Force or Marine Corps, rear admiral in the Navy,
or the equivalent grade in the Space Force, in accordance with
subsections (a) and (b)--
``(i) by the Secretary of Defense (who may delegate
such authority only as authorized by clause (ii)); or
``(ii) if authorized by the Secretary of Defense, by
the Secretary of the military department concerned (who may
not further delegate such authority);
``(B) in the case of an officer whose retired grade is to
be changed to the grade of lieutenant general or general in the
Army, Air Force, or Marine Corps, vice admiral or admiral in
the Navy, or an equivalent grade in the Space Force, by the
President, by and with the advice and consent of the Senate.
``(7) Recalculation of retired pay.--If the final retired grade
of an officer is changed through the reopening of the officer's
retired grade under this subsection, the retired pay of the officer
under chapter 71 of this title shall be recalculated. Any
modification of the retired pay of the officer as a result of the
change shall go into effect on the effective date of the change of
the officer's retired grade, and the officer shall not be entitled
or subject to any changed amount of retired pay for any period
before such effective date. An officer whose retired grade is
changed as provided in paragraph (6)(B) shall not be entitled or
subject to a change in retired pay for any period before the date
on which the Senate provides advice and consent for the retirement
of the officer in such grade.
``(g) Highest Permanent Grade Defined.--In this section, the term
`highest permanent grade' means a grade at or below the grade of major
general in the Army, Air Force, or Marine Corps, rear admiral in the
Navy, or an equivalent grade in the Space Force.
``Sec. 1370a. Officers entitled to retired pay for non-regular service
``(a) Retirement in Highest Grade Held Satisfactorily.--Unless
entitled to a different grade, or to credit for satisfactory service in
a different grade under some other provision of law, a person who is
entitled to retired pay under chapter 1223 of this title shall, upon
application under section 12731 of this title, be credited with
satisfactory service in the highest permanent grade in which that
person served satisfactorily at any time in the armed forces, as
determined by the Secretary of the military department concerned in
accordance with this section.
``(b) Service-in-grade Requirement for Officers in Grades Below O-
5.--In order to be credited with satisfactory service in an officer
grade (other than a warrant officer grade) below the grade of
lieutenant colonel or commander (in the case of the Navy), a person
covered by subsection (a) must have served satisfactorily in that grade
(as determined by the Secretary of the military department concerned)
as a reserve commissioned officer in an active status, or in a retired
status on active duty, for not less than six months.
``(c) Service-in-grade Requirement for Offices in Grades Above O-
4.--
``(1) In general.--In order to be credited with satisfactory
service in an officer grade above major or lieutenant commander (in
the case of the Navy), a person covered by subsection (a) must have
served satisfactorily in that grade (as determined by the Secretary
of the military department concerned) as a reserve commissioned
officer in an active status, or in a retired status on active duty,
for not less than three years.
``(2) Satisfaction of requirement by certain officers not
completing three years.--A person covered by paragraph (1) who has
completed at least six months of satisfactory service in grade may
be credited with satisfactory service in the grade in which serving
at the time of transfer or discharge, notwithstanding failure of
the person to complete three years of service in that grade, if the
person is transferred from an active status or discharged as a
reserve commissioned officer--
``(A) solely due to the requirements of a nondiscretionary
provision of law requiring that transfer or discharge due to
the person's age or years of service; or
``(B) because the person no longer meets the qualifications
for membership in the Ready Reserve solely because of a
physical disability, as determined in accordance with chapter
61 of this title, and at the time of such transfer or discharge
the person (pursuant to section 12731b of this title or
otherwise) meets the service requirements established by
section 12731(a) of this title for eligibility for retired pay
under chapter 1223 of this title, unless the disability is
described in section 12731b of this title.
``(3) Reduction in service-in-grade requirements.--
``(A) Officers in grades below general and flag officer
grades.--In the case of a person to be retired in a grade below
brigadier general or rear admiral (lower half) in the Navy, the
Secretary of Defense may authorize the Secretary of a military
department to reduce, subject to subparagraph (B), the three-
year period of service-in-grade required by paragraph (1) to a
period not less than two years. The authority of the Secretary
of a military department under this subparagraph may not be
delegated.
``(B) Limitation.--The number of reserve commissioned
officers of an armed force in the same grade for whom a
reduction is made under subparagraph (A) during any fiscal year
in the period of service-in-grade otherwise required by
paragraph (1) may not exceed the number equal to 2 percent of
the strength authorized for that fiscal year for reserve
commissioned officers of that armed force in an active status
in that grade.
``(C) Officers in general and flag officers grades.--The
Secretary of Defense may reduce the three-year period of
service-in-grade required by paragraph (1) to a period not less
than two years for any person, including a person who, upon
transfer to the Retired Reserve or discharge, is to be credited
with satisfactory service in a general or flag officer grade
under that paragraph. The authority of the Secretary of Defense
under this subparagraph may not be delegated.
``(D) Notice to congress on reduction in service-in-grade
requirements for general and flag officer grades.--In the case
of a person to be credited under this section with satisfactory
service in a grade that is a general or flag officer grade who
is eligible to be credited with such service in that grade only
by reason of an exercise of authority in subparagraph (C) to
reduce the three-year service-in-grade requirement otherwise
applicable under paragraph (1), the Secretary of Defense shall,
not later than 60 days prior to the date on which the person
will be credited with such satisfactory service in that grade,
notify the Committees on Armed Services of the Senate and the
House of Representatives of the exercise of authority in
subparagraph (C) with respect to that person.
``(4) Officers serving in grades above o-6 involuntarily
transferred from active status.--A person covered by paragraph (1)
who has completed at least six months of satisfactory service in a
grade above colonel or (in the case of the Navy) captain and, while
serving in an active status in such grade, is involuntarily
transferred (other than for cause) from active status may be
credited with satisfactory service in the grade in which serving at
the time of such transfer, notwithstanding failure of the person to
complete three years of service in that grade.
``(5) Adjutants and assistant adjutants general.--If a person
covered by paragraph (1) has completed at least six months of
satisfactory service in grade, the person was serving in that grade
while serving in a position of adjutant general required under
section 314 of title 32 or while serving in a position of assistant
adjutant general subordinate to such a position of adjutant
general, and the person has failed to complete three years of
service in that grade solely because the person's appointment to
such position has been terminated or vacated as described in
section 324(b) of such title, the person may be credited with
satisfactory service in that grade, notwithstanding the failure of
the person to complete three years of service in that grade.
``(6) Officers recommended for promotion serving in certain
grade before promotion.--To the extent authorized by the Secretary
of the military department concerned, a person who, after having
been recommended for promotion in a report of a promotion board but
before being promoted to the recommended grade, served in a
position for which that grade is the minimum authorized grade may
be credited for purposes of paragraph (1) as having served in that
grade for the period for which the person served in that position
while in the next lower grade. The period credited may not include
any period before the date on which the Senate provides advice and
consent for the appointment of that person in the recommended
grade.
``(7) Officers qualified for federal recognition serving in
certain grade before appointment.--To the extent authorized by the
Secretary of the military department concerned, a person who, after
having been found qualified for Federal recognition in a higher
grade by a board under section 307 of title 32, serves in a
position for which that grade is the minimum authorized grade and
is appointed as a reserve officer in that grade may be credited for
the purposes of paragraph (1) as having served in that grade. The
period of the service for which credit is afforded under the
preceding sentence may be only the period for which the person
served in the position after the Senate provides advice and consent
for the appointment.
``(8) Retirement in next lowest grade for officers not meeting
service-in-grade requirements.--A person whose length of service in
the highest grade held does not meet the service-in-grade
requirements specified in this subsection shall be credited with
satisfactory service in the next lower grade in which that person
served satisfactorily (as determined by the Secretary of the
military department concerned) for not less than six months.
``(d) Officers in O-9 and O-10 Grades.--
``(1) In general.--A person covered by this section in the
Army, Navy, Air Force, or Marine Corps who is serving or has served
in a position of importance and responsibility designated by the
President to carry the grade of lieutenant general or general in
the Army, Air Force, or Marine Corps, or vice admiral or admiral in
the Navy under section 601 of this title may be retired in such
grade under subsection (a) only after the Secretary of Defense
certifies in writing to the President and the Committees on Armed
Services of the Senate and the House of Representatives that the
officer served satisfactorily in such grade.
``(2) Prohibition on delegation.--The authority of the
Secretary of Defense to make a certification with respect to an
officer under paragraph (1) may not be delegated.
``(3) Requirements in connection with certification.--A
certification with respect to an officer under paragraph (1)
shall--
``(A) be submitted by the Secretary of Defense such that it
is received by the President and the Committees on Armed
Services of the Senate and the House of Representatives not
later than 60 days prior to the date on which the officer will
be retired in the grade concerned;
``(B) include an up-to-date copy of the military biography
of the officer; and
``(C) include the statement of the Secretary as to whether
or not potentially adverse, adverse, or reportable information
regarding the officer was considered by the Secretary in making
the certification.
``(4) Construction with other notice.--In the case of an
officer under paragraph (1) who is eligible to be credited with
service in a grade only by reason of the exercise of the authority
in subsection (c)(3)(C) to reduce the three-year service-in-grade
requirement under subsection (c)(1), the requirement for
notification under subsection (c)(3)(D) is satisfied if the
notification is included in the certification submitted by the
Secretary of Defense under paragraph (1).
``(e) Conditional Retirement Grade and Retirement for Officers
Under Investigation for Misconduct or Pending Adverse Personnel
Action.--The retirement grade, and retirement, of a person covered by
this section who is under investigation for alleged misconduct or
pending the disposition of an adverse personnel action at the time of
retirement is as provided for by section 1370(d) of this title. In the
application of such section 1370(d) for purposes of this subsection,
any reference `active duty' shall be deemed not to apply, and any
reference to a provision of section 1370 of this title shall be deemed
to be a reference to the analogous provision of this section.
``(f) Final Retirement Grade Following Resolution of Pending
Investigation or Adverse Action.--The final retirement grade under this
section of a person described in subsection (e) following resolution of
the investigation or personnel action concerned is the final retirement
grade provided for by section 1370(e) of this title. In the application
of such section 1370(e) for purposes of this subsection, any reference
to a provision of section 1370 of this title shall be deemed to be a
reference to the analogous provision of this section. In the
application of paragraph (3) of such section 1370e(e) for purposes of
this subsection, the reference to `chapter 71' of this title shall be
deemed to be a reference to `chapter 1223 of this title'.
``(g) Finality of Retired Grade Determinations.--
``(1) In general.--Except for a conditional determination
authorized by subsection (e), a determination of the retired grade
of a person pursuant to this section is administratively final on
the day the person is retired, and may not be reopened.
``(2) Reopening.--A determination of the retired grade of a
person may be reopened in accordance with applicable provisions of
section 1370(f) of this title. In the application of such section
1370(f) for purposes of this subsection, any reference to a
provision of section 1370 of this title shall be deemed to be a
reference to the analogous provision of this section. In the
application of paragraph (7) of such section 1370(f) for purposes
of this paragraph, the reference to `chapter 71 of this title'
shall be deemed to be a reference to `chapter 1223 of this title'.
``(h) Highest Permanent Grade Defined.--In this section, the term
`highest permanent grade' means a grade at or below the grade of major
general in the Army, Air Force, or Marine Corps or rear admiral in the
Navy.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 69 of title 10, United States Code, is amended by
striking the item relating to section 1370 and inserting the
following new items:
``1370. Regular commissioned officers.
``1370a. Officers entitled to retired pay for non-regular service.''.
(b) Conforming and Technical Amendments to Retired Grade Rules for
the Armed Forces.--
(1) Retired pay.--Title 10, United States Code, is amended as
follows:
(A) In section 1406(b)(2), by striking ``section 1370(d)''
and inserting ``section 1370a''.
(B) In section 1407(f)(2)(B), by striking ``by reason of
denial of a determination or certification under section 1370''
and inserting ``pursuant to section 1370 or 1370a''.
(2) Army.--Section 7341 of such title is amended--
(A) by striking subsection (a) and inserting the following
new subsection (a):
``(a)(1) The retired grade of a regular commissioned officer of the
Army who retires other than for physical disability is determined under
section 1370 of this title.
``(2) The retired grade of a reserve commissioned officer of the
Army who retires other than for physical disability is determined under
section 1370a of this title.''; and
(B) in subsection (b)--
(i) by striking ``he'' and inserting ``the member'';
and
(ii) by striking ``his'' and inserting ``the
member's''.
(3) Navy and marine corps.--Such title is further amended as
follows:
(A) In section 8262(a), by striking ``sections 689 and
1370'' and inserting ``section 689, and section 1370 or 1370a
(as applicable),''.
(B) In section 8323(c), by striking ``section 1370 of this
title'' and inserting ``section 1370 or 1370a of this title, as
applicable''.
(4) Air force and space force.--Section 9341 of such title is
amended--
(A) by striking subsection (a) and inserting the following
new subsection (a):
``(a)(1) The retired grade of a regular commissioned officer of the
Air Force or the Space Force who retires other than for physical
disability is determined under section 1370 of this title.
``(2) The retired grade of a reserve commissioned officer of the
Air Force or the Space Force who retires other than for physical
disability is determined under section 1370a of this title.''; and
(B) in subsection (b)--
(i) by inserting ``or a Regular or Reserve of the Space
Force'' after ``Air Force'';
(ii) by striking ``he'' and inserting ``the member'';
and
(iii) by striking ``his'' and inserting ``the
member's''.
(5) Reserve officers.--Section 12771 of such title is amended--
(A) in subsection (a), by striking ``section 1370(d)'' and
inserting ``section 1370a of this title''; and
(B) in subsection (b)(1), by striking ``section 1370(d)''
and inserting ``section 1370a''.
(c) Other References.--In the determination of the retired grade of
a commissioned officer of the Armed Forces entitled to retired pay
under chapter 1223 of title 10, United States Code, who retires after
the date of the enactment of this Act, any reference in a provision of
law or regulation to section 1370 of title 10, United States Code, in
such determination with respect to such officer shall be deemed to be a
reference to section 1370a of title 10, United States Code (as amended
by subsection (a)).
SEC. 509. REPEAL OF AUTHORITY FOR ORIGINAL APPOINTMENT OF REGULAR
NAVY OFFICERS DESIGNATED FOR ENGINEERING DUTY, AERONAUTICAL
ENGINEERING DUTY, AND SPECIAL DUTY.
(a) Repeal.--Section 8137 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 815 of such title is amended by striking the item relating to
section 8137.
SEC. 509A. PERMANENT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.
(a) Permanent Programs.--Section 509 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2109; 10 U.S.C. 503 note) is amended--
(1) in the subsection heading of subsection (a), by striking
``Pilot'';
(2) by striking ``pilot'' each place it appears; and
(3) by striking subsections (d) and (e).
(b) Heading Amendment.--The heading of such section is amended to
read as follows:
``SEC. 509. PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.''.
SEC. 509B. REVIEW OF SEAMAN TO ADMIRAL-21 PROGRAM.
(a) Review.--
(1) In general.--The Secretary of the Navy shall review the
policies and procedures for the Seaman to Admiral-21 program in
effect during fiscal years 2010 through 2014.
(2) Elements.--The elements of the review shall include the
following:
(A) A determination whether officer candidates selected for
the Seaman to Admiral-21 program after October 28, 2009, and
before 30 September 2014, were notified or otherwise informed
that they would not receive retirement credit for the months of
active service used in pursuit of a baccalaureate-level degree
under the program following completion of the program and upon
appointment to the grade of ensign in the Navy.
(B) An explanation of how and when the Navy implemented the
requirements of former section 6328(c) of title 10, United
States Code (currently section 8328(c) of that title) for
Seaman to Admiral-21 participants.
(C) The number of personnel who were selected for the
Seaman to Admiral-21 program, completed a baccalaureate-level
degree, and were appointed as an ensign in the Navy under the
program from fiscal years 2010 through 2014.
(D) A determination whether the personnel described in
subparagraph (C) should be eligible for retirement credit for
the months of active service spent in pursuit of a
baccalaureate-level degree.
(b) Report.--The Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
results of the review under subsection (a).
(c) Deadline.--The Secretary of the Navy shall carry out this
section by not later than 180 days after the date of the enactment of
this Act.
Subtitle B--Reserve Component Management
SEC. 511. 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):
``(g) Exceptions During Periods of War or National Emergency.--The
limitations in subsections (c) and (f) shall not apply during a time of
war or of national emergency declared by Congress or the President.''.
SEC. 512. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS
PROGRAM.
Section 2031(a)(2) of title 10, United States Code, is amended by
inserting after ``service to the United States'' the following:
``(including an introduction to service opportunities in military,
national, and public service)''.
SEC. 513. 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 Director of the National Science Foundation.
``(2) The Administrator of the National Aeronautics and Space
Administration.
``(3) The heads of such other Federal, State, and local
government entities the Secretary of Defense determines to be
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.--Not later than two years 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 on any activities carried out under section 2036 of title 10,
United States Code (as added by subsection (a)).
SEC. 514. PERMANENT SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR
THE RESERVE COMPONENTS.
Section 10219 of title 10, United States Code, is amended by
striking subsection (h).
SEC. 515. 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 ``$500'' and
inserting ``$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. 516. INCLUSION OF DRILL OR TRAINING FOREGONE DUE TO EMERGENCY
TRAVEL OR DUTY RESTRICTIONS IN COMPUTATIONS OF ENTITLEMENT TO AND
AMOUNTS OF RETIRED PAY FOR NON-REGULAR SERVICE.
(a) Entitlement to Retired Pay.--Section 12732(a)(2) of title 10,
United States Code, is amended--
(1) by inserting after subparagraph (E) the following new
subparagraph:
``(F)(i) Subject to regulations prescribed by the Secretary
of Defense or the Secretary of Homeland Security with respect
to matters concerning the Coast Guard when it is not operating
as a service in the Department of the Navy, one point for each
day of active service or one point for each drill or period of
equivalent instruction that was prescribed by the Secretary
concerned to be performed during the covered emergency period,
if such person was prevented from performing such duty due to
travel or duty restrictions imposed by the President, the
Secretary of Defense, or the Secretary of Homeland Security
with respect to the Coast Guard.
``(ii) A person may not be credited more than 35 points in
a one-year period under this subparagraph.
``(iii) In this subparagraph, the term `covered emergency
period' means the period beginning on March 1, 2020, and ending
on the day that is 60 days after the date on which the travel
or duty restriction applicable to the person concerned is
lifted.''; and
(2) in the matter following subparagraph (F), as inserted by
paragraph (1), by striking ``and (E)'' and inserting ``(E), and
(F)''.
(b) Amount of Retired Pay.--Section 12733(3) of such title is
amended in the matter preceding subparagraph (A), by striking ``or
(D)'' and inserting ``(D), or (F)''.
(c) Reporting.--
(1) Report required.--Not later than one year after the date on
which the covered emergency period, as defined in subparagraph (F)
of section 12732(a)(2) of such title, as added by subsection (a),
ends, the Secretary of Defense shall submit to the congressional
defense committees a report on the use of the authority under such
subparagraph.
(2) Elements.--The report under this subsection shall include,
with respect to each reserve component, the following:
(A) The number of individuals granted credit as a result of
a training cancellation.
(B) The number of individuals granted credit as a result of
another extenuating circumstance.
(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.
SEC. 517. QUARANTINE LODGING FOR MEMBERS OF THE RESERVE COMPONENTS
WHO PERFORM CERTAIN SERVICE IN RESPONSE TO THE COVID-19
EMERGENCY.
(a) In General.--The Secretary of Defense may provide, to a member
of the reserve components of the Armed Forces who performs a period of
covered service, housing for not fewer than 14 days immediately after
the end of such period of covered service.
(b) Definitions.--In this section:
(1) The term ``active service'' has the meaning given that term
in section 101 of title 10, United States Code.
(2) The term ``covered service'' means active service performed
in response to the covered national emergency.
(3) 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. 518. 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 funds,
derived from non-Federal sources, in an amount equal to at least 50
percent of the funds necessary for the operation of the pilot program
in that State.
(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. 519. PILOT PROGRAMS AUTHORIZED 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 covered 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 Covered 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 covered 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
covered 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 concerned 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 concerned 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 concerned 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
covered 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 ``covered military installation'' means an
installation of the Department of Defense for the regular
components of the Armed Forces.
(3) 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.
SEC. 519A. 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 it is
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, an estimate of the time
between approval and the time 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 a determination
whether to authorize 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. 519B. STUDY AND REPORT ON NATIONAL GUARD SUPPORT TO STATES
RESPONDING TO MAJOR DISASTERS.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the process by which the National Guard provides support to other
Federal agencies and to States during major disasters. The report shall
include the following:
(1) With regards to authorization of full-time National Guard
duty under section 502(f) of title 32, United States Code--
(A) a review of the process of such authorization,
including authorization approval, funding approval, and mission
assignment;
(B) a review of data regarding the frequency and speed of
such authorizations during fiscal years 2015 through 2020; and
(C) measures of performance or effectiveness.
(2) The effectiveness of the funding transfer process between
the Federal Emergency Management Agency and the Department of
Defense.
(3) The development and promulgation of training and education
materials for the National Guard and other components of the
Department of Defense.
(4) An analysis of lessons learned from the response to COVID-
19, including--
(A) policy gaps identified by the Secretary; and
(B) any recommendations of the Secretary to improve such
process.
(b) 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 that includes the findings of the study
conducted under subsection (a).
SEC. 519C. REPORT ON GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS BY
THE NATIONAL GUARD.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) review current guidance on the use of unmanned aircraft
systems by the National Guard for covered activities within the
United States; and
(2) submit to the congressional defense committees a report
containing recommendations of the Secretary regarding how to
expedite the review of requests for use of unmanned aircraft
systems described in paragraph (1).
(b) Covered Activities Defined.--In this section, the term
``covered activities'' means--
(1) emergency operations;
(2) search and rescue operations;
(3) defense support to civil authorities; and
(4) support under section 502(f) of title 32, United States
Code.
SEC. 519D. STUDY AND REPORT ON ROTC RECRUITMENT.
(a) Study.--The Secretary of Defense shall conduct a study that
assesses--
(1) 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;
(2) whether there is a correlation between race or ethnicity
and the rank ultimately achieved by such members;
(3) whether individuals who serve in the Junior Reserve
Officers' Training Corps are likelier to join the Armed Forces than
other individuals; and
(4) the feasibility of establishing a program to create a
pathway for minorities into higher ranks in the Armed Forces.
(b) Report.--Not later than December 31, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the results of the study
conducted under subsection (a).
Subtitle C--General Service Authorities and Correction of Military
Records
SEC. 521. INCREASED ACCESS TO POTENTIAL RECRUITS.
(a) Secondary Schools.--Section 503 of title 10, United States
Code, is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (A)(ii), by striking ``and telephone
listings,'' and all that follows through the period at the end
and inserting ``electronic mail addresses (which shall be the
electronic mail addresses provided by the school, if
available), and telephone listings, notwithstanding subsection
(a)(5) of section 444 of the General Education Provisions Act
(20 U.S.C. 1232g).''; and
(B) in subparagraph (B), by striking ``and telephone
listing'' and inserting ``electronic mail address, and
telephone listing''; and
(2) by striking subsection (d).
(b) Institutions of Higher Education.--Section 983(b)(2)(A) of such
title is amended by striking ``and telephone listings'' and inserting
``electronic mail addresses (which shall be the electronic mail
addresses provided by the institution, if available), and telephone
listings''.
SEC. 522. SUNSET AND TRANSFER OF FUNCTIONS OF THE PHYSICAL
DISABILITY BOARD OF REVIEW.
Section 1554a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Sunset.--(1) On or after the date of the enactment of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021, the Secretary of Defense may sunset the Physical
Disability Board of Review under this section.
``(2) If the Secretary sunsets the Physical Disability Board of
Review under paragraph (1), the Secretary shall transfer any remaining
requests for review pending at that time, and shall assign any new
requests for review under this section, to a board for the correction
of military records operated by the Secretary concerned under section
1552 of this title..
``(3) Subsection (c)(4) shall not apply with respect to any review
conducted by a board for the correction of military records under
paragraph (2).''.
SEC. 523. HONORARY PROMOTION MATTERS.
(a) Honorary Promotions on Initiative of Department of Defense.--
Chapter 80 of title 10, United States Code, is amended by inserting
after section 1563 the following new section:
``Sec. 1563a. Honorary promotions on the initiative of the Department
of Defense
``(a) In General.--(1) Under regulations prescribed by the
Secretary of Defense, the Secretary may make an honorary promotion
(whether or not posthumous) of a former member or retired member of the
armed forces to any grade not exceeding the grade of major general,
rear admiral (upper half), or an equivalent grade in the Space Force if
the Secretary determines that the promotion is merited.
``(2) The authority to make an honorary promotion under this
subsection shall apply notwithstanding that the promotion is not
otherwise authorized by law.
``(b) Notice to Congress.--The Secretary may not make an honorary
promotion pursuant to subsection (a) until 60 days after the date on
which the Secretary submits to the Committees on Armed Services of the
Senate and the House of Representatives a notice of the determination
to make the promotion, including a detailed discussion of the rationale
supporting the determination.
``(c) Notice of Promotion.--Upon making an honorary promotion
pursuant to subsection (a), the Secretary shall expeditiously notify
the former member or retired member concerned, or the next of kin of
such former member or retired member if such former member or retired
member is deceased, of the promotion.
``(d) Nature of Promotion.--Any promotion pursuant to this section
is honorary, and shall not affect the pay, retired pay, or other
benefits from the United States to which the former member or retired
member concerned is entitled or would have been entitled based on the
military service of such former member or retired member, nor affect
any benefits to which any other person is or may become entitled based
on the military service of such former member or retired member.''.
(b) Modification of Authorities on Review of Proposals From
Congress.--
(1) Standardization of authorities with authorities on
initiative of department of defense.--Section 1563 of title 10,
United States Code, is amended--
(A) in subsection (a)--
(i) in the first sentence, by striking ``the posthumous
or honorary promotion or appointment of a member or former
member of the armed forces, or any other person considered
qualified,'' and inserting ``the honorary promotion
(whether or not posthumous) of a former member or retired
member of the armed forces''; and
(ii) in the second sentence, by striking ``the
posthumous or honorary promotion or appointment'' and
inserting ``the promotion''; and
(B) in subsection (b), by striking ``the posthumous or
honorary promotion or appointment'' and inserting ``the
honorary promotion''.
(2) Authority to make honorary promotions following review of
proposals.--Such section is further amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection (c):
``(c) Authority To Make.--(1) Under regulations prescribed by the
Secretary of Defense, the Secretary of Defense may make an honorary
promotion (whether or not posthumous) of a former member or retired
member of the armed forces to any grade not exceeding the grade of
major general, rear admiral (upper half), or an equivalent grade in the
Space Force following the submittal of the determination of the
Secretary concerned under subsection (b) in connection with the
proposal for the promotion if the determination is to approve the
making of the promotion.
``(2) The Secretary of Defense may not make an honorary promotion
under this subsection until 60 days after the date on which the
Secretary concerned submits the determination in connection with the
proposal for the promotion under subsection (b), and the detailed
rationale supporting the determination as described in that subsection,
to the Committees on Armed Services of the Senate and the House of
Representatives and the requesting Member in accordance with that
subsection.
``(3) The authority to make an honorary promotion under this
subsection shall apply notwithstanding that the promotion is not
otherwise authorized by law.
``(4) Any promotion pursuant to this subsection is honorary, and
shall not affect the pay, retired pay, or other benefits from the
United States to which the former member or retired member concerned is
or would have been entitled based upon the military service of such
former member or retired member, nor affect any benefits to which any
other person may become entitled based on the military service of such
former member or retired member.''.
(3) Heading amendment.--The heading of such section is amended
to read as follows:
``Sec. 1563. Consideration of proposals from Members of Congress for
honorary promotions: procedures for review and promotion''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 80 of such title is amended by striking the item relating to
section 1563 and inserting the following new items:
``1563. Consideration of proposals from Members of Congress for honorary
promotions: procedures for review and promotion.
``1563a. Honorary promotions on the initiative of the Department of
Defense.''.
SEC. 524. EXCLUSION OF OFFICIAL PHOTOGRAPHS OF MEMBERS FROM RECORDS
FURNISHED TO PROMOTION SELECTION BOARDS.
(a) Active Duty Officers.--The Secretary of Defense shall include
in the regulations prescribed pursuant to section 615(a) of title 10,
United States Code, a prohibition on the inclusion of an official
photograph of an officer in the information furnished to a selection
board pursuant to section 615(b) of such title.
(b) Reserve Officers.--The Secretary of Defense shall include in
regulations prescribed pursuant to section 14107(a)(1) of title 10,
United States Code, a prohibition on the inclusion of an official
photograph of an officer in the information furnished to a selection
board pursuant to section 14107(a)(2) of such title.
(c) Enlisted Members.--Each Secretary of a military department
shall prescribe regulations that prohibit the inclusion of an official
photograph of an enlisted member in the information furnished to a
board that considers enlisted members under the jurisdiction of such
Secretary for promotion.
(d) Report on Exclusion of Additional Information.--Not later than
one year after the date of the enactment of this Act, the Secretary of
Defense shall, in consultation with the Secretaries of the military
departments, submit to the Committees on Armed Services of the Senate
and the House of Representatives a report setting forth the following:
(1) A recommendation for the redaction or removal from
information furnished to selection boards convened to consider
officers or enlisted members for promotion to the next higher grade
of such information, if any, relating to an officer or enlisted
member, as applicable, that is currently furnished to such a
selection board as the Secretary considers appropriate for
redaction or removal in order to eliminate inappropriate bias in
the promotion selection process.
(2) An assessment of the anticipated effects on the promotion
process for officers or enlisted members, as applicable, of the
redaction or removal from information furnished to selection boards
of information recommended for redaction or removal pursuant to
paragraph (1).
(3) An implementation plan that describes and assesses the
manner in which the redaction or removal of such information will
be achieved, including a description and assessment of the
following:
(A) Any required changes to policies, processes, or
systems, including any information technology required.
(B) The cost of implementing such changes.
(C) The estimated timeline for completion of the
implementation of such changes (which may not be later than the
day that is two years after the date of the report).
(D) The duty title of the officer or employee of the
Department Defense to be assigned responsibility for
implementing such changes.
SEC. 525. REPORT REGARDING REVIEWS OF DISCHARGES AND DISMISSALS
BASED ON SEXUAL ORIENTATION.
(a) Report Required.--Not later than September 30, 2021, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report regarding the
number of former members of the Armed Forces who--
(1) were discharged or dismissed from the Armed Forces;
(2) on or after September 21, 2011, applied to the Secretary of
the military department concerned for an upgrade in the
characterization of such discharge or dismissal; and
(3) assert in such application that such discharge or dismissal
arose from a policy of the Department of Defense regarding the
sexual orientation of a member before September 21, 2011.
(b) Elements.--The report under this section shall include the
following:
(1) The number of applications described in subsection (a) and
the percentages of such applications granted and denied,
disaggregated by--
(A) Armed Force;
(B) grade;
(C) characterization of discharge or dismissal originally
received; and
(D) characterization of discharge or dismissal received
pursuant to an application described in subsection (a)(2).
(2) If the Secretary can determine the number without reviewing
applications described in subsection (a) on a case-by-case basis,
the number of such applications--
(A) that were denied; and
(B) in which the discharge or dismissal was based solely on
misconduct of the discharged or dismissed member.
(c) Publication.--Not later than 90 days after the Secretary
submits the report under this section, the Secretary shall publish the
report on a publicly accessible website of the Department of Defense.
Subtitle D--Prevention and Response To Sexual Assault, Harassment, and
Related Misconduct
SEC. 531. MODIFICATION OF TIME REQUIRED FOR EXPEDITED DECISIONS IN
CONNECTION WITH APPLICATIONS FOR CHANGE OF STATION OR UNIT
TRANSFER OF MEMBERS WHO ARE VICTIMS OF SEXUAL ASSAULT OR RELATED
OFFENSES.
(a) In General.--Section 673(b) of title 10, United States Code, is
amended by striking ``72 hours'' both places it appears and inserting
``five calendar days''.
(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 decisions on applications for permanent change of station or unit
transfer made under section 673 of title 10, United States Code, on or
after that date.
SEC. 532. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT.
(a) Confidential Reporting.--
(1) In general.--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) Reporting Process.--Notwithstanding section 1561 of this
title, the Secretary of Defense shall prescribe in regulations 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 the member.
``(b) Receipt of Complaints.--An individual designated and trained
to receive complaints under the process under subsection (a) shall--
``(1) maintain the confidentiality of the member alleging the
complaint;
``(2) explain to the member alleging the complaint the
different avenues of redress available to resolve the complaint and
the different consequences of each avenue on the manner in which
the complaint will be investigated (if at all), including an
explanation of the following:
``(A) The manner in which to file a complaint concerning
alleged sexual harassment with the official or office
designated for receipt of such complaint through such avenue of
redress.
``(B) That confidentiality in connection with the complaint
cannot be maintained when there is a clear and present risk to
health or safety.
``(C) If the alleged sexual harassment also involves an
allegation of sexual assault, including sexual contact--
``(i) the manner in which to file a confidential report
with a Sexual Assault Response Coordinator or a Sexual
Assault Prevention and Response Victim Advocate; and
``(ii) options available pursuant to such reporting,
including a Restricted Report or Unrestricted Report, and
participation in the Catch a Serial Offender Program.
``(D) The services and assistance available to the member
in connection with the complaint and the alleged sexual
harassment.
``(c) Education and Tracking.--The Secretary of Defense shall--
``(1) educate members under the jurisdiction of the Secretaries
of the military departments regarding the process established under
this section; and
``(2) track complaints alleged pursuant to the process.
``(d) Reports.--Not later than April 30, 2023, and April 30 every
two years thereafter, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing data on the complaints of sexual
harassment alleged pursuant to the process under subsection (a) during
the previous two calendar years. Any data on such complaints shall not
contain any personally identifiable information.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 80 of such title is amended by inserting after the item
relating to section 1561b the following new item:
``1561b. Confidential reporting of sexual harassment.''.
(b) Plan for Implementation.--The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report setting forth a plan for the implementation of
the process for confidential reporting of sexual harassment required by
section 1561b of title 10, United States Code (as added by subsection
(a)). The plan shall include the date on which the process is
anticipated to be fully implemented.
(c) Plan for Access to Confidential Reports To Identify Serial
Harassers.--Not later than one year after the implementation of the
process for confidential reporting of sexual harassment required by
section 1561b of title 10, United States Code (as so added), the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report setting forth a
plan to allow an individual who files a confidential report of sexual
harassment pursuant to the process to elect to permit a military
criminal investigative organization to access certain information in
the confidential report, including identifying information of the
alleged perpetrator (if available), for the purpose of identifying
individuals who are suspected of multiple incidents of sexual
harassments, without such access affecting the confidential nature of
the confidential report. The report shall specify the information to be
accessible by criminal investigative organizations pursuant to the
plan.
SEC. 533. ADDITIONAL BASES FOR PROVISION OF ADVICE BY THE DEFENSE
ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT.
Section 550B of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C. 1561 note) is
amended in subsection (c)(2)--
(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. 534. ADDITIONAL MATTERS FOR 2021 REPORT OF THE DEFENSE
ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT.
Section 550B of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C. 1561 note), as
amended by section 533 of this Act, is further amended by adding at the
end of subsection (d) the following: ``The report in 2021 shall also
include the following:
``(1) A description and assessment of the extent and
effectiveness of the inclusion by the Armed Forces of sexual
assault prevention and response training in leader professional
military education (PME), especially in such education for
personnel in junior noncommissioned officer grades.
``(2) An assessment of the feasibility of--
``(A) the screening before entry into military service of
recruits who may have been the subject or perpetrator of prior
incidents of sexual assault and harassment, including through
background checks; and
``(B) the administration of screening tests to recruits to
assess recruit views and beliefs on equal opportunity, and
whether such views and beliefs are compatible with military
service.
``(3) An assessment of the feasibility of conducting exit
interviews of members of the Armed Forces upon their discharge
release from the Armed Forces in order to determine whether they
experienced or witnessed sexual assault or harassment during
military service and did not report it, and an assessment of the
feasibility of combining such exit interviews with the Catch a
Serial Offender (CATCH) Program of the Department of Defense.
``(4) An assessment whether the sexual assault reporting
databases of the Department are sufficiently anonymized to ensure
privacy while still providing military leaders with the information
as follows:
``(A) The approximate length of time the victim and the
assailant had been at the duty station at which the sexual
assault occurred.
``(B) The percentage of sexual assaults occurring while the
victim or assailant were on temporary duty, leave, or otherwise
away from their permanent duty station.
``(C) The number of sexual assaults that involve an abuse
of power by a commander or supervisor.''.
SEC. 535. INCLUSION OF ADVISORY DUTIES ON THE COAST GUARD ACADEMY
AMONG DUTIES OF DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF
SEXUAL MISCONDUCT.
Section 550B of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C. 1561 note), as
amended by sections 533 and 534 of this Act, is further amended--
(1) in subsection (c)(1)(B), by inserting ``, including the
United States Coast Guard Academy,'' after ``academy'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Advisory Duties on Coast Guard Academy.--In providing advice
under subsection (c)(1)(B), the Advisory Committee shall also advise
the Secretary of the Department in which the Coast Guard is operating
in accordance with this section on policies, programs, and practices of
the United States Coast Guard Academy.''; and
(4) in subsection (e) and paragraph (2) of subsection (g), as
redesignated by paragraph (2) of this section, by striking ``the
Committees on Armed Services of the Senate and the House of
Representatives'' each place it appears and inserting ``the
Committees on Armed Services and Commerce, Science, and
Transportation of the Senate and the Committees on Armed Services
and Transportation and Infrastructure of the House of
Representatives''.
SEC. 536. 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 (a) the following new
subsection (b):
``(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 redesignated by paragraph
(2), 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. 537. MODIFICATION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS
INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Additional Recipients.--Subsection (d) of section 1631 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 such section on or after such
date.
SEC. 538. COORDINATION OF SUPPORT FOR SURVIVORS OF SEXUAL TRAUMA.
(a) In General.--Not later than one 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 a condition 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. 539. POLICY FOR MILITARY SERVICE ACADEMIES ON SEPARATION OF
ALLEGED VICTIMS AND ALLEGED PERPETRATORS IN INCIDENTS OF SEXUAL
ASSAULT.
(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) permits an alleged victim to elect not to be covered by the
policy with respect to a particular incident of sexual assault;
(2) protects the alleged victim as necessary, including by
prohibiting retaliatory harassment;
(3) minimizes the prejudicial impact of the policy, to the
extent practicable, on both the alleged victim and the alleged
perpetrator, and allows the alleged victim and the alleged
perpetrator to complete their course of study at the institution
with minimal disruption;
(4) protects the privacy of both the alleged victim and the
alleged perpetrator 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
(5) 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.
(4) The United States Coast Guard Academy.
SEC. 539A. 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 Armed Forces (including
members of the reserve components of the 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 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 ``Armed Forces'' has the meaning given that term
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. 539B. ACCOUNTABILITY OF LEADERSHIP OF THE DEPARTMENT OF DEFENSE
FOR DISCHARGING THE SEXUAL HARASSMENT POLICIES AND PROGRAMS OF THE
DEPARTMENT.
(a) Strategy on Holding Leadership Accountable Required.--The
Secretary of Defense shall develop and implement Department of Defense-
wide a strategy to hold individuals in positions of leadership in the
Department (including members of the Armed Forces and civilians)
accountable for the promotion, support, and enforcement of the policies
and programs of the Department on sexual harassment.
(b) Oversight Framework.--
(1) In general.--The strategy required by subsection (a) shall
provide for an oversight framework for the efforts of the
Department of Defense to promote, support, and enforce the policies
and programs of the Department on sexual harassment.
(2) Elements.--The oversight framework required by paragraph
(1) shall include the following:
(A) Long-term goals, objectives, and milestones in
connection with the policies and programs of the Department on
sexual harassment.
(B) Strategies to achieve the goals, objectives, and
milestones referred to in subparagraph (A).
(C) Criteria for assessing progress toward the achievement
of the goals, objectives, and milestones referred to in
subparagraph (A).
(D) Criteria for assessing the effectiveness of the
policies and programs of the Department on sexual harassment.
(E) Mechanisms to ensure that adequate resources are
available to the Office of the Secretary of Defense to develop
and discharge the oversight framework.
(c) Report.--Not later than one year 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 actions taken to carry out this
section, including the strategy developed and implemented pursuant to
subsection (a), and the oversight framework developed and implemented
pursuant to subsection (b).
SEC. 539C. REPORTS 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, a general
explanation of the primary reasons for the extended duration of
such investigations.
(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. 539D. REPORT ON ABILITY OF SEXUAL ASSAULT RESPONSE COORDINATORS
AND SEXUAL ASSAULT PREVENTION AND RESPONSE VICTIM ADVOCATES TO PERFORM
DUTIES.
(a) Survey.--
(1) In general.--Not later than June 30, 2021, the Secretary of
Defense shall conduct a survey regarding the ability of Sexual
Assault Response Coordinators and Sexual Assault Prevention and
Response Victim Advocates to perform their duties.
(2) Elements.--The survey required under paragraph (1) shall
assess--
(A) the current state of support provided to Sexual Assault
Response Coordinators and Sexual Assault Prevention and
Response Victim Advocates, including--
(i) perceived professional or other reprisal or
retaliation; and
(ii) access to sufficient physical and mental health
services as a result of the nature of their work;
(B) the ability of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim Advocates to
contact and access their installation commander or unit
commander;
(C) the ability of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim Advocates to
contact and access the immediate commander of victims and
alleged offenders;
(D) the responsiveness and receptiveness of commanders to
the Sexual Assault Response Coordinators;
(E) the support and services provided to victims of sexual
assault;
(F) the understanding of others of the process and their
willingness to assist;
(G) the adequacy of the training received by Sexual Assault
Response Coordinators and Sexual Assault Prevention and
Response Victim Advocates to effectively perform their duties;
and
(H) any other factors affecting the ability of Sexual
Assault Response Coordinators and Sexual Assault Prevention and
Response Victim Advocates to perform their duties.
(b) Report.--Upon completion of the survey required 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 results of the survey and any actions to be taken as a
result of the survey.
SEC. 539E. BRIEFING ON SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Judge Advocates General of the Army, the
Navy, the Air Force, and the Coast Guard and the Staff Judge Advocate
to the Commandant of the Marine Corps shall each provide to the
congressional defense committees a briefing on the status of the
Special Victims' Counsel program of the Armed Force concerned.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the Special Victims' Counsel program of the Armed Force
concerned, the following:
(1) An assessment of whether the Armed Force is in compliance
with the provisions of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) relating to the Special
Victims' Counsel program and, if not, what steps have been taken to
achieve compliance with such provisions.
(2) An estimate of the average caseload of each Special
Victims' Counsel.
(3) A description of any staffing shortfalls in the Special
Victims' Counsel program or other programs of the Armed Force
resulting from the additional responsibilities required of the
Special Victims' Counsel program under the National Defense
Authorization Act for Fiscal Year 2020.
(4) An explanation of the ability of Special Victims' Counsel
to adhere to requirement that a counsel respond to a request for
services within 72 hours of receiving such request.
(5) An assessment of the feasibility of providing cross-service
Special Victims' Counsel representation in instances where a
Special Victims' Counsel from a different Armed Force is co-located
with a victim at a remote base.
SEC. 539F. BRIEFING ON PLACEMENT OF MEMBERS OF THE ARMED FORCES IN
ACADEMIC STATUS WHO ARE VICTIMS OF SEXUAL ASSAULT ONTO NON-RATED
PERIODS.
Not later than 270 days after the date of the enactment of this
Act, the Secretary of Defense shall brief the Committees on Armed
Services of the Senate and the House of Representatives 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.
Subtitle E--Military Justice and Other Legal Matters
SEC. 541. 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.''.
SEC. 542. 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 as the Court finds correct
in law, and in fact in accordance with subparagraph (B). The
Court may affirm only the sentence, or such part or amount of
the sentence, as the Court finds correct in law and fact 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 under 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 was against the weight of the evidence, the Court may
dismiss, set aside, or modify the finding, or affirm a lesser
finding.''.
(c) Review by United States Court of Appeals for the Armed Forces
of Factual Sufficiency Rulings.--Section 867(c)(1) of title 10, United
States Code (article 67(c)(1) of the Uniform Code of Military Justice),
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 new subparagraph:
``(C) the findings set forth in the entry of judgment, as
affirmed, dismissed, set aside, or modfied by the Court of Criminal
Appeals as incorrect in fact under section 866(d)(1)(B) of this
title (article 66(d)(1)(B)).''.
(d) 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.''.
(e) Effective Dates and Applicability.--
(1) Qualifications of certain judges.--The amendments made by
subsection (a) shall take effect on the date of the enactment of
this Act, and shall apply with respect to the assignment of
appellate military judges on or after that date.
(2) Review amendments.--The amendments made by subsections (b)
and (c) shall take effect on the date of the enactment of this Act,
and shall apply with respect to any case in which every finding of
guilty entered into the record under section 860c of title 10,
United States Code (article 60c of the Uniform Code of Military
Justice), is for an offense that occurred on or after that date.
SEC. 543. 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. 544. 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.--
``(A) In general.--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.
``(B) Judicial proceeding defined.--In this paragraph, the
term `judicial proceeding' means a hearing--
``(i) of which the person received actual notice; and
``(ii) at which the person had an opportunity to
participate with counsel.''.
SEC. 545. REMOVAL OF PERSONALLY IDENTIFYING AND OTHER INFORMATION
OF CERTAIN PERSONS FROM INVESTIGATIVE REPORTS, THE DEPARTMENT OF
DEFENSE CENTRAL INDEX OF INVESTIGATIONS, AND OTHER RECORDS AND
DATABASES.
(a) Policy and Process Required.--Not later than October 1, 2021,
the Secretary of Defense shall establish and maintain a policy and
process through which any covered person may request that the person's
name, personally identifying information, and other information
pertaining to the person shall, in accordance with subsection (c), be
corrected in, or expunged or otherwise removed from, the following:
(1) A law enforcement or criminal investigative report of the
Department of Defense or any component of the Department.
(2) An index item or entry in the Department of Defense Central
Index of Investigations (DCII).
(3) Any other record maintained in connection with a report
described in paragraph (1), or an index item or entry described in
paragraph (2), in any system of records, records database, records
center, or repository maintained by or on behalf of the Department.
(b) Covered Persons.--For purposes of this section, a covered
person is any person whose name was placed or reported, or is
maintained--
(1) in the subject or title block of a law enforcement or
criminal investigative report of the Department of Defense (or any
component of the Department);
(2) as an item or entry in the Department of Defense Central
Index of Investigations; or
(3) in any other record maintained in connection with a report
described in paragraph (1), or an index item or entry described in
paragraph (2), in any system of records, records database, records
center, or repository maintained by or on behalf of the Department.
(c) Elements.--The policy and process required by subsection (a)
shall include the following elements:
(1) Basis for correction or expungement.--That the name,
personally identifying information, and other information of a
covered person shall be corrected in, or expunged or otherwise
removed from, a report, item or entry, or record described in
paragraphs (1) through (3) of subsection (a) in the following
circumstances:
(A) Probable cause did not or does not exist to believe
that the offense for which the person's name was placed or
reported, or is maintained, in such report, item or entry, or
record occurred, or insufficient evidence existed or exists to
determine whether or not such offense occurred.
(B) Probable cause did not or does not exist to believe
that the person actually committed the offense for which the
person's name was so placed or reported, or is so maintained,
or insufficient evidence existed or exists to determine whether
or not the person actually committed such offense.
(C) Such other circumstances, or on such other bases, as
the Secretary may specify in establishing the policy and
process, which circumstances and bases may not be inconsistent
with the circumstances and bases provided by subparagraphs (A)
and (B).
(2) Considerations.--While not dispositive as to the existence
of a circumstance or basis set forth in paragraph (1), the
following shall be considered in the determination whether such
circumstance or basis applies to a covered person for purposes of
this section:
(A) The extent or lack of corroborating evidence against
the covered person concerned with respect to the offense at
issue.
(B) Whether adverse administrative, disciplinary, judicial,
or other such action was initiated against the covered person
for the offense at issue.
(C) The type, nature, and outcome of any action described
in subparagraph (B) against the covered person.
(3) Procedures.--The policy and process required by subsection
(a) shall include procedures as follows:
(A) Procedures under which a covered person may appeal a
determination of the applicable component of the Department of
Defense denying, whether in whole or in part, a request for
purposes of subsection (a).
(B) Procedures under which the applicable component of the
Department will correct, expunge or remove, take other
appropriate action on, or assist a covered person in so doing,
any record maintained by a person, organization, or entity
outside of the Department to which such component provided,
submitted, or transmitted information about the covered person,
which information has or will be corrected in, or expunged or
removed from, Department records pursuant to this section.
(C) The timeline pursuant to which the Department, or a
component of the Department, as applicable, will respond to
each of the following:
(i) A request pursuant to subsection (a).
(ii) An appeal under the procedures required by
subparagraph (A).
(iii) A request for assistance under the procedures
required by subparagraph (B).
(D) Mechanisms through which the Department will keep a
covered person apprised of the progress of the Department on a
covered person's request or appeal as described in subparagraph
(C).
(d) Applicability.--The policy and process required to be developed
by the Secretary under subsection (a) shall not be subject to the
notice and comment rulemaking requirements under section 553 of title
5, United States Code.
(e) Report.--Not later than October 1, 2021, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the actions taken to carry out this
section, including a comprehensive description of the policy and
process developed and implemented by the Secretary under subsection
(a).
SEC. 546. BRIEFING ON MENTAL HEALTH SUPPORT FOR VICARIOUS TRAUMA
FOR CERTAIN PERSONNEL IN THE MILITARY JUSTICE SYSTEM.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Judge Advocates General of the Army, the
Navy, and the Air Force and the Staff Judge Advocate to the Commandant
of the Marine Corps shall jointly brief the Committees on Armed
Services of the Senate and the House of Representatives on the mental
health support for vicarious trauma provided to personnel in the
military justice system specified in subsection (b).
(b) Personnel.--The personnel specified in this subsection are the
following:
(1) Court-martial convening authorities who are members of the
Armed Forces.
(2) Trial counsel.
(3) Defense counsel.
(4) Military judges.
(5) Special Victims' Counsel.
(6) Military investigative personnel.
(c) Elements.--The briefing required by subsection (a) shall
include the following:
(1) A description and assessment of the mental health support
for vicarious trauma provided to personnel in the military justice
system specified in subsection (b), including a description of the
support services available and the support services being used.
(2) A description and assessment of mechanisms to eliminate or
reduce stigma in the pursuit by such personnel of such mental
health support.
(3) An assessment of the feasibility and advisability of
providing such personnel with breaks between assignments or cases
as part of such mental health support in order to reduce the
effects of vicarious trauma.
(4) A description and assessment of the extent, if any, to
which duty of such personnel on particular types of cases, or in
particular caseloads, contributes to vicarious trauma, and of the
extent, if any, to which duty on such cases or caseloads has an
effect on retention of such personnel in the Armed Forces.
(5) A description of the extent, if any, to which such
personnel are screened or otherwise assessed for vicarious trauma
before discharge or release from the Armed Forces.
(6) Such other matters in connection with the provision of
mental health support for vicarious trauma to such personnel as the
Judge Advocates General and the Staff Judge Advocate jointly
consider appropriate.
SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
IMPLEMENTATION BY THE ARMED FORCES OF RECENT GAO RECOMMENDATIONS
AND STATUTORY REQUIREMENTS ON ASSESSMENT OF RACIAL, ETHNIC, AND
GENDER DISPARITIES IN THE MILITARY JUSTICE SYSTEM.
(a) Report Required.--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, in writing, on a study, conducted by
the Comptroller General for purposes of the report, on the
implementation by the Armed Forces of the following:
(1) The recommendations in the May 2019 report of the General
Accountability Office entitled ``Military Justice: DOD and the
Coast Guard Need to Improve Their Capabilities to Assess Racial and
Gender Disparities'' (GAO-19-344).
(2) Requirements in section 540I(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1369; 10 U.S.C. 810 note), relating to assessments covered by
such recommendations.
(b) Elements.--The report required by subsection (a) shall include,
for each recommendation and requirement specified in that subsection,
the following:
(1) A description of the actions taken or planned by the
Department of Defense, the military department concerned, or the
Armed Force concerned to implement such recommendation or
requirement.
(2) An assessment of the extent to which the actions taken to
implement such recommendation or requirement, as described pursuant
to paragraph (1), are effective or meet the intended objective.
(3) Any other matters in connection with such recommendation or
requirement, and the implementation of such recommendation or
requirement by the Armed Forces, that the Comptroller General
considers appropriate.
(c) Briefings.--Not later than May 1, 2021, the Comptroller General
shall provide the committees referred to in subsection (a) one or more
briefings on the status of the study required by that subsection,
including any preliminary findings and recommendations of the
Comptroller General as a result of the study as of the date of such
briefing.
SEC. 548. LEGAL ASSISTANCE FOR VETERANS AND SURVIVING SPOUSES AND
DEPENDENTS.
(a) Availability of Legal Assistance at Facilities of Department of
Veterans Affairs.--
(1) In general.--Chapter 59 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 5906. Availability of legal assistance at Department facilities
``(a) In General.--Not less frequently than three times each year,
the Secretary shall facilitate the provision by a qualified legal
assistance clinic of pro bono legal assistance described in subsection
(c) to eligible individuals at not fewer than one medical center of the
Department of Veterans Affairs, or such other facility of the
Department as the Secretary considers appropriate, in each State.
``(b) Eligible Individuals.--For purposes of this section, an
eligible individual is--
``(1) any veteran;
``(2) any surviving spouse; or
``(3) any child of a veteran who has died.
``(c) Pro Bono Legal Assistance Described.--The pro bono legal
assistance described in this subsection is the following:
``(1) Legal assistance with any program administered by the
Secretary.
``(2) Legal assistance associated with--
``(A) improving the status of a military discharge or
characterization of service in the Armed Forces, including
through a discharge review board; or
``(B) seeking a review of a military record before a board
of correction for military or naval records.
``(3) Such other legal assistance as the Secretary--
``(A) considers appropriate; and
``(B) determines may be needed by eligible individuals.
``(d) Limitation on Use of Facilities.--Space in a medical center
or facility designated under subsection (a) shall be reserved for and
may only be used by the following, subject to review and removal from
participation by the Secretary:
``(1) A veterans service organization or other nonprofit
organization.
``(2) A legal assistance clinic associated with an accredited
law school.
``(3) A legal services organization.
``(4) A bar association.
``(5) Such other attorneys and entities as the Secretary
considers appropriate.
``(e) Legal Assistance in Rural Areas.--In carrying out this
section, the Secretary shall ensure that pro bono legal assistance is
provided under subsection (a) in rural areas.
``(f) Definition of Veterans Service Organization.--In this
section, the term `veterans service organization' means any
organization recognized by the Secretary for the representation of
veterans under section 5902 of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 59 of such title is amended by adding at the end the
following new item:
``5906. Availability of legal assistance at Department facilities.''.
(b) Pilot Program to Establish and Support Legal Assistance
Clinics.--
(1) Pilot program required.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish a pilot program to assess the feasibility and
advisability of awarding grants to eligible entities to
establish new legal assistance clinics, or enhance existing
legal assistance clinics or other pro bono efforts, for the
provision of pro bono legal assistance described in subsection
(c) of section 5906 of title 38, United States Code, as added
by subsection (a), on a year-round basis to individuals who
served in the Armed Forces, including individuals who served in
a reserve component of the Armed Forces, and who were
discharged or released therefrom, regardless of the conditions
of such discharge or release, at locations other than medical
centers and facilities described in subsection (a) of such
section.
(B) Rule of construction.--Nothing in subparagraph (A)
shall be construed to limit or affect--
(i) the provision of pro bono legal assistance to
eligible individuals at medical centers and facilities of
the Department of Veterans Affairs under section 5906(a) of
title 38, United States Code, as added by subsection (a);
or
(ii) any other legal assistance provided pro bono at
medical centers or facilities of the Department as of the
date of the enactment of this Act.
(2) Eligible entities.--For purposes of the pilot program, an
eligible entity is--
(A) a veterans service organization or other nonprofit
organization specifically focused on assisting veterans;
(B) an entity specifically focused on assisting veterans
and associated with an accredited law school;
(C) a legal services organization or bar association; or
(D) such other type of entity as the Secretary considers
appropriate for purposes of the pilot program.
(3) Locations.--The Secretary shall ensure that at least one
grant is awarded under paragraph (1)(A) to at least one eligible
entity in each State, if the Secretary determines that there is
such an entity in a State that has applied for, and meets
requirements for the award of, such a grant.
(4) Duration.--The Secretary shall carry out the pilot program
during the five-year period beginning on the date on which the
Secretary establishes the pilot program.
(5) Application.--An eligible entity seeking a grant under the
pilot program shall submit to the Secretary an application
therefore at such time, in such manner, and containing such
information as the Secretary may require.
(6) Selection.--The Secretary shall select eligible entities
who submit applications under paragraph (5) for the award of grants
under the pilot program using a competitive process that takes into
account the following:
(A) Capacity of the applicant entity to serve veterans and
ability of the entity to provide sound legal advice.
(B) Demonstrated need of the veteran population the
applicant entity would serve.
(C) Demonstrated need of the applicant entity for
assistance from the grants.
(D) Geographic diversity of applicant entities.
(E) Such other criteria as the Secretary considers
appropriate.
(7) Grantee reports.--Each recipient of a grant under the pilot
program shall, in accordance with such criteria as the Secretary
may establish, submit to the Secretary a report on the activities
of the recipient and how the grant amounts were used.
(c) Review of Pro Bono Eligibility of Federal Workers.--
(1) In general.--The Secretary of Veterans Affairs shall, in
consultation with the Attorney General and the Director of the
Office of Government Ethics, conduct a review of the rules and
regulations governing the circumstances under which attorneys
employed by the Federal Government can provide pro bono legal
assistance.
(2) Recommendations.--In conducting the review required by
paragraph (1), the Secretary shall develop recommendations for such
legislative or administrative action as the Secretary considers
appropriate to facilitate greater participation by Federal
employees in pro bono legal and other volunteer services for
veterans.
(3) Submittal to congress.--Not later than one year after the
date of the enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress--
(A) the findings of the Secretary with respect to the
review conducted under paragraph (1); and
(B) the recommendations developed by the Secretary under
paragraph (2).
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report on the status of the implementation of
this section.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Veterans service organization.--The term ``veterans service
organization'' means any organization recognized by the Secretary
for the representation of veterans under section 5902 of title 38,
United States Code.
SEC. 549. 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)) 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. 549A. 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, or by the Chief of
the covered Armed Force. Such guidance shall require that, for each
suicide event reviewed by such a board, the board shall--
(1) clearly define the objective, purpose, and outcome of the
review;
(2) take a multidisciplinary approach 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; and
(3) 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. 549B. IMPROVEMENTS TO DEPARTMENT OF DEFENSE TRACKING OF AND
RESPONSE TO INCIDENTS OF CHILD ABUSE, ADULT CRIMES AGAINST CHILDREN,
AND SERIOUS HARMFUL BEHAVIOR BETWEEN CHILDREN AND YOUTH INVOLVING
MILITARY DEPENDENTS ON MILITARY INSTALLATIONS.
(a) Improvements Required.--
(1) In general.--The Secretary of Defense shall, consistent
with recommendations of the Comptroller General of the United
States in Government Accountability Office report GA0-20-110, take
actions in accordance with this section in order to improve the
efforts of the Department of Defense to track and respond to
incidents of serious harm to children involving dependents of
members of the Armed Forces that occur on military installations
(in this section referred to as ``covered incidents of serious harm
to children'').
(2) Serious harm to children defined.--In this section, the
term ``serious harm to children'' includes the following:
(A) Caregiver child abuse involving physical abuse, sexual
abuse, emotional abuse, or neglect.
(B) Non-caregiver adult crimes against children.
(C) Serious harmful behaviors between children and youth of
a physical, sexual, or emotional nature.
(b) Data Collection and Tracking of Incidents of Harm to
Children.--
(1) Non-caregiver adult crimes against children.--The Secretary
of Defense shall establish a process for the Department of Defense
to track reported covered incidents of serious harm to children
described in subsection (a)(2)(B) in which the alleged offender is
an adult who is not a parent, guardian, or someone in a caregiving
role at the time of the incident. The information so tracked shall
comport with the information tracked by the Department in reported
covered incidents of serious harm to children in which the alleged
offender is a parent, guardian, or someone in a caregiving role at
the time of the incident.
(2) Serious harmful behaviors between children and youth.--
(A) In general.--The Secretary of Defense shall develop and
maintain in the Department of Defense a centralized database to
track incidents of serious harmful behaviors between children
and youth described in subsection (a)(2)(C), including
information across the Department on problematic sexual
behavior in children and youth that are reported to an
appropriate office, as determined by the Secretary, or
investigated by a military criminal investigative organization,
regardless of whether the alleged offender was another child,
an adult, or someone in a non-caregiving role at the time of an
incident.
(B) Elements.--The centralized database required by this
paragraph shall include, for each incident within the database,
the following:
(i) Information pertinent to a determination by the
Department on whether such incident meets the definition of
an incident of serious harmful behavior between children
and youth.
(ii) The results of any investigation of such incident
by a military criminal investigative organization.
(iii) Information on the ultimate disposition of the
incident, if any, including any administrative or
prosecutorial action taken.
(C) Annual reports on information.--The information
collected and maintained in the centralized database required
by this paragraph shall be reported on an annual basis as part
of the annual reports by the Secretary on child abuse and
domestic abuse in the military as required by section 574 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2141).
(D) Briefings.--Not later than March 31, 2021, and every
six months thereafter until the centralized database required
by this paragraph is fully operational, the Secretary shall
brief the Committees on Armed Services of the Senate and the
House of Representatives on the status of the database.
(3) Department of defense reporting guidance.--The Secretary of
Defense shall issue guidance regarding which incidents of serious
harmful behavior between children and youth require reporting to
the Family Advocacy Program, a military criminal investigative
organization, or another component of the Department of Defense
designated by the Secretary.
(c) Response Procedures for Incidents of Serious Harm to Children
Reported to Family Advocacy Programs.--
(1) Incident determination committee membership.--The Secretary
of Defense shall ensure that the voting membership of each Incident
Determination Committee, as defined in paragraph (7), on a military
installation includes medical personnel with the knowledge and
expertise required to determine whether a reported incident of
serious harm to a child meets the criteria of the Department of
Defense for treatment as child abuse.
(2) Screening reported incidents of serious harm to children.--
(A) Development of standardized process.--The Secretary of
Defense shall develop a standardized process by which the
Family Advocacy Programs of the military departments screen
reported covered incidents of serious harm to children to
determine whether to present such incident to an Incident
Determination Committee.
(B) Monitoring.--The Secretary of each military department
shall develop a process to monitor the manner in which reported
incidents of serious harm to children are screened by each
installation under the jurisdiction of such Secretary in order
to ensure that such screening complies with the standardized
screening process developed pursuant to subparagraph (A).
(3) Required notifications.--
(A) Documentation.--The Secretary of each military
department shall require that installation Family Advocacy
Programs and military criminal investigative organizations
under the jurisdiction of such Secretary document in their
respective databases the date on which they notified the other
of a reported incident of serious harm to a child.
(B) Oversight.--The Secretary of each military department
shall require that the Family Advocacy Program of such military
department, and the headquarters of the military criminal
investigative organizations of such military department,
develop processes to oversee the documentation of notifications
required by subparagraph (A) in order to ensure that such
notifications occur on a consistent basis at installation
level.
(4) Certified pediatric sexual assault forensic examiners.--
(A) Geographic regions for examiners.--The Secretary of
Defense shall specify geographic regions in which military
families reside for purposes of the availability of and access
to certified pediatric sexual assault examiners in such
regions.
(B) Availability.--The Secretary shall ensure that--
(i) one or more certified pediatric sexual assault
examiners are located in each geographic region specified
pursuant to subparagraph (A); and
(ii) examiners so located serve as certified pediatric
sexual assault examiners throughout such region, without
regard to Armed Force or installation.
(5) Removal of children from unsafe homes overseas.--The
Secretary of Defense shall issue policy that clarifies and
standardizes across the Armed Forces the circumstances under which
a commander may remove a child from a potentially unsafe home at an
installation overseas.
(6) Resource guide for victims of serious harm to children.--
(A) In general.--The Secretary of each military department
shall develop and maintain a comprehensive guide on resources
available through the Department of Defense and such military
department for military families under the jurisdiction of such
Secretary who are victims of serious harm to children.
(B) Elements.--Each guide under this paragraph shall
include the following:
(i) Information on the response processes of the Family
Advocacy Programs and military criminal investigative
organizations of the military department concerned.
(ii) Lists of available support services, such as
legal, medical, and victim advocacy services, through the
Department of Defense and the military department
concerned.
(C) Distribution.--A resource guide under this paragraph
shall be presented to a military family by an installation
Family Advocacy Program and military criminal investigative
personnel when a covered incident of serious harm to a child
involving a child in such family is reported.
(D) Availability on internet.--A current version of each
resource guide under this paragraph shall be available to the
public on an Internet website of the military department
concerned available to the public.
(7) Incident determination committee defined.--In this
subsection, 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 serious harm to
children according to the applicable criteria of the Department of
Defense.
(d) Coordination and Collaboration With Non-military Resources.--
(1) Consultation with states.--The Secretary of Defense shall--
(A) continue the outreach efforts of the Department of
Defense to the States in order to ensure that States are
notified when a member of the Armed Forces or a military
dependent is involved in a reported incident of serious harm to
a child off a military installation; and
(B) increase efforts at information sharing between the
Department and the States on such incidents of serious harm to
children, including entry into memoranda of understanding with
State child welfare agencies on information sharing in
connection with such incidents.
(2) Collaboration with national children's alliance.--
(A) Memoranda of understanding.--The Secretary of each
military department shall seek to enter into a memorandum of
understanding with the National Children's Alliance, or similar
organization, under which--
(i) the children's advocacy center services of the
Alliance are available to all installations in the
continental United States under the jurisdiction of such
Secretary; and
(ii) members of the Armed Forces under the jurisdiction
of such Secretary are made aware of the nature and
availability of such services.
(B) Participation of certain entities.--Each memorandum of
understanding under this paragraph shall provide for the
appropriate participation of the Family Advocacy Program and
military criminal investigative organizations of the military
department concerned in activities under such memorandum of
understanding.
(C) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary of each military
department shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on the
status of the development of a memorandum of understanding with
the National Children's Alliance under this paragraph, together
with information on which installations, if any, under the
jurisdiction of such Secretary have entered into a written
agreement with a local children's advocacy center with respect
to serious harm to children on such installations.
SEC. 549C. INDEPENDENT ANALYSIS AND RECOMMENDATIONS ON DOMESTIC
VIOLENCE IN THE ARMED FORCES.
(a) Analysis and Recommendations.--
(1) In general.--The Secretary of Defense shall seek to enter
into a contract or other agreement with an appropriate entity in
the private sector (including a Federally funded research and
development center) for the conduct of an analysis and the
development of recommendations on means to improve the
effectiveness of the covered Armed Forces in responding to and
preventing domestic violence.
(2) Expertise.--The entity with which the Secretary enters into
a contract or agreement pursuant to this section shall have
expertise in--
(A) scientific and other research relating to domestic
violence; and
(B) science-based strategies for the prevention,
intervention, and response to domestic violence.
(b) Scope of Analysis and Recommendations.--Under the contract or
agreement entered into pursuant to subsection (a), the entity concerned
shall analyze and develop recommendations for the Secretary with
respect to each of the following:
(1) The risk of domestic violence at various stages of military
service, including identification of--
(A) stages at which there is a higher than average risk of
domestic violence; and
(B) stages at which the implementation of domestic violence
prevention strategies may have the greatest preventive effect.
(2) The use and dissemination of domestic violence prevention
resources throughout the stages of military service, including
providing new members with training in domestic violence
prevention.
(3) Best practices for the targeting of domestic violence
prevention resources toward those with a higher risk of domestic
violence.
(4) Strategies to prevent domestic violence by training,
educating, and assigning prevention-related responsibilities to--
(A) commanders;
(B) medical, behavioral, and mental health service
providers;
(C) family advocacy program representatives;
(D) Military Family Life Consultants; and
(E) other individuals and entities with responsibilities
that may be relevant to addressing domestic violence.
(5) The efficacy of providing survivors of domestic violence
with the option to request expedited transfers, and the effects of
such transfers.
(6) Improvements to procedures for reporting appropriate legal
actions to the National Crime Information Center, and the efficacy
of such procedures.
(7) The effects of domestic violence on--
(A) housing for military families;
(B) the education of military dependent children;
(C) member work assignments and careers; and
(D) the health of members and their families, including
short-term and long-term health effects and effects on mental
health.
(8) 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.
(9) The potential effects of requiring military protective
orders to be issued by a military judge, including whether such a
requirement would increase the enforcement of military protective
orders by civilian law enforcement agencies outside the boundaries
of military installations.
(10) Whether prevention of domestic violence would be enhanced
by raising the disposition authority for offenses of domestic
violence to an officer who is--
(A) in grade 0-6 or above;
(B) in the chain of command of the accused; and
(C) authorized by chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice), to convene special
courts martial.
(11) Means of improving access to resources for survivors of
domestic violence throughout the stages of military service.
(12) Any other matters the Secretary specifies in the contract
or agreement with respect to--
(A) decreasing the frequency of domestic violence committed
by or upon members of the covered Armed Forces and their
dependents; and
(B) reducing the severity of such violence.
(c) Access to Information and Facilities.--The Secretary shall
provide the entity with which the Secretary contracts or enters into an
agreement pursuant to subsection (a) such access to information and
facilities of the Department of Defense as the Secretary and the entity
jointly consider appropriate for the analysis and development of
recommendations required by the contract.
(d) Report to Secretary of Defense.--
(1) In general.--The contract or agreement pursuant to
subsection (a) shall require the entity with which the Secretary
contracts or enters into agreement to submit to the Secretary a
report on the analysis conducted and recommendations developed by
the entity under the contract or agreement by not later than one
year after the date of entry into the contract or agreement.
(2) Elements.--The report required pursuant to paragraph (1)
shall include the following:
(A) A comprehensive description of the analysis conducted
by the entity concerned under the contract or agreement.
(B) A list of the recommendations developed by the entity,
including, for each such recommendation, a justification for
such recommendation.
(C) Such other matters as the Secretary shall specify in
the contract or agreement.
(e) Report to Congress.--
(1) In general.--Not later than 180 days after receipt of the
report required pursuant to subsection (d), the Secretary shall
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on means to improve the
effectiveness of the covered Armed Forces in responding to and
preventing domestic violence.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The report received by the Secretary pursuant to
subsection (d).
(B) For each recommendation included in the report pursuant
to subsection (d) by reason of paragraph (2)(B) of that
subsection--
(i) an assessment by the Secretary of the feasibility
and advisability of implementing such recommendation; and
(ii) if the Secretary considers the implementation of
such recommendation feasible and advisable, a description
of the actions taken, or to be taken, to implement such
recommendation.
(C) Such other matters relating to the improvement of the
effectiveness of the covered Armed Forces in responding to and
preventing domestic violence as the Secretary considers
appropriate in light of the report pursuant to subsection (d).
(f) Funding.--Of the amount authorized to be appropriated for
fiscal year 2021 for the Department of Defense by section 301 and
available for operation and maintenance, Defense wide, as specified in
the funding table in section 4301, $1,000,000 shall be available for
contract or agreement entered into pursuant to subsection (a).
(g) Covered Armed Forces Defined.--In this section, the term
``covered Armed Forces'' means the Army, the Navy, the Air Force, and
the Marine Corps.
Subtitle F--Diversity and Inclusion
SEC. 551. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS AND
RELATED MATTERS.
(a) Standard Diversity and Inclusion Metrics and Annual Report
Requirements.--
(1) In general.--Section 113 of title 10, United States Code,
is amended--
(A) in subsection (c)--
(i) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(ii) by inserting after paragraph (1) the following new
paragraph (2):
``(2) a report from each military department on the status of
diversity and inclusion in such department;'';
(B) in subsection (g)(1)(B), by inserting after clause
(vi), the following new clause (vii):
``(vii) Strategic goals related to diversity and inclusion in
the armed forces, and an assessment of measures of performance
related to the efforts of the armed forces to reflect the diverse
population of the United States eligible to serve in the armed
forces.'';
(C) by redesignating subsections (m) and (n) as subsections
(n) and (o), respectively; and
(D) by inserting after subsection (k) the following new
subsections (l) and (m):
``(l)(1) The Secretary of Defense, in coordination with the
Secretary of the Department in which the Coast Guard is operating,
shall establish metrics to measure--
``(A) efforts to reflect across all grades comprising the
officer and enlisted corps of each armed force the diverse
population of the United States eligible to serve in the armed
forces; and
``(B) the efforts of the armed forces to generate and maintain
a ready military force that will prevail in war, prevent and deter
conflict, defeat adversaries, and succeed in a wide range of
contingencies.
``(2) In implementing the requirement in paragraph (1), the
Secretary of Defense, in coordination with the Secretary of the
Department in which the Coast Guard is operating, shall--
``(A) ensure that data elements, data collection methodologies,
and reporting processes and structures pertinent to each metric
established pursuant to that paragraph are comparable across the
armed forces, to the extent practicable;
``(B) establish standard classifications that members of the
armed forces may use to self-identify their gender, race, or
ethnicity, which classifications shall be consistent with Office of
Management and Budget Number Directive 15, entitled `Race and
Ethnic Standards for Federal Statistics and Administrative
Reporting', or any successor directive;
``(C) define conscious and unconscious bias with respect to
matters of diversity and inclusion, and provide guidance to
eliminate such bias;
``(D) conduct a barrier analysis to review demographic
diversity patterns across the military life cycle, starting with
enlistment or accession into the armed forces, in order to--
``(i) identify barriers to increasing diversity;
``(ii) develop and implement plans and processes to resolve
or eliminate any barriers to diversity; and
``(iii) review the progress of the armed forces in
implementing previous plans and processes to resolve or
eliminate barriers to diversity;
``(E) develop and implement plans and processes to ensure that
advertising and marketing to promote enlistment or accession into
the armed forces is representative of the diverse population of the
United States eligible to serve in the armed forces; and
``(F) meet annually with the Secretaries of the military
departments, the Chairman of the Joint Chiefs of Staff, and the
Chiefs of Staff of the Armed Forces to assess progress toward
diversity and inclusion across the armed forces and to elicit
recommendations and advice for enhancing diversity and inclusion in
the armed forces
``(m) Accompanying each national defense strategy provided to the
congressional defense committees in accordance with subsection
(g)(1)(D), the Secretary of Defense, in coordination with the Secretary
of the Department in which the Coast Guard is operating, shall provide
a report that sets forth a detailed discussion, current as of the
preceding fiscal year, of the following:
``(1) The number of officers and enlisted members of the armed
forces, including the reserve components, disaggregated by gender,
race, and ethnicity, for each grade in each armed force.
``(2) The number of members of the armed forces, including the
reserve components, who were promoted during the fiscal year
covered by such report, disaggregated by gender, race, and
ethnicity, for each grade in each armed force, and of the number so
promoted, the number promoted below, in, and above the applicable
promotion zone.
``(3) The number of members of the armed forces, including the
reserve components, who were enlisted or accessed into the armed
forces during the fiscal year covered by such report, disaggregated
by gender, race, and ethnicity, in each armed force.
``(4) The number of graduates of each military service academy
during the fiscal year covered by such report, disaggregated by
gender, race, and ethnicity, for each military department and the
United States Coast Guard.
``(5) The number of members of the armed forces, including the
reserve components, who reenlisted or otherwise extended a
commitment to military service during the fiscal year covered by
such report, disaggregated by gender, race, and ethnicity, for each
grade in each armed force.
``(6) An assessment of the pool of officers best qualified for
promotion to grades O-9 and O-10, disaggregated by gender, race,
and ethnicity, in each military department and the United States
Coast Guard.
``(7) Any other matter the Secretary considers appropriate.''.
(2) Public availability of reports.--Not later than 72 hours
after submitting to the congressional defense committees a report
required by subsection (m) of section 113 of title 10, United
States Code (as amended by paragraph (1)), the Secretary of Defense
shall make the report available on an Internet website of the
Department of Defense available to the public. In so making a
report available, the Secretary shall ensure that any data included
in the report is made available in a machine-readable format that
is downloadable, searchable, and sortable.
(3) Construction of metrics.--
(A) With merit-based processes.--Any metric established
pursuant to subsection (l) of section 113 of title 10, United
States Code (as so amended), may not be used in a manner that
undermines the merit-based processes of the Department of
Defense and the Coast Guard, including such processes for
accession, retention, and promotion.
(B) With other matters.--Any such metric may not be used to
identify or specify specific quotas based upon diversity
characteristics. The Secretary concerned shall continue to
account for diversified language and cultural skills among the
total force of the Armed Forces.
(4) Repeal of superseded reporting requirement.--Section 115a
of title 10, United States Code, is amended--
(A) by striking subsection (g); and
(B) by redesignating subsection (h) as subsection (g).
(b) Requirement to Consider All Best Qualified Officers for
Promotion to O-9 and O-10 Grades.--
(1) In general.--Section 601 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(e) Prior to making a recommendation to the Secretary of Defense
for the nomination of an officer for appointment to a position of
importance and responsibility under this section, which appointment
would result in the initial appointment of the officer concerned in the
grade of lieutenant general or general in the Army, Air Force, or
Marine Corps, vice admiral or admiral in the Navy, or the commensurate
grades in the Space Force, the Secretary concerned shall consider all
officers determined to be among the best qualified for such
position.''.
(2) Coast guard.--Section 305(a) of title 14, United States
Code, is amended by adding at the end the following new paragraph:
``(4) Prior to making a recommendation to the President for the
nomination of an officer for appointment to a position of importance
and responsibility under this section, which appointment would result
in the initial appointment of the officer concerned in the grade of
vice admiral, the Commandant shall consider all officers determined to
be among the best qualified for such position.''.
(c) Report on Findings of Defense Board on Diversity and Inclusion
in the Military.--
(1) In general.--Upon the completion by the Defense Board on
Diversity and Inclusion in the Military of its report on actionable
recommendations to increase diversity and ensure equal opportunity
across all grades of the Armed Forces, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the report of the Defense
Board, including the findings and recommendations of the Defense
Board.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A comprehensive description of the findings and
recommendations of the Defense Board in its report referred to
in paragraph (1).
(B) A comprehensive description of any actionable
recommendations of the Defense Board in its report.
(C) A description of the actions proposed to be undertaken
by the Secretary in connection with such recommendations, and a
timeline for implementation of such actions.
(D) Any data used by the Defense Board and in the
development of its findings and recommendations.
(E) A description of the resources used by the Defense
Board for its report, and a description and assessment of any
shortfalls in such resources for purposes of the Defense Board.
(d) Defense Advisory Committee on Diversity and Inclusion in the
Armed Forces Matters.--
(1) Report.--At the same time the Secretary of Defense submits
the report required by subsection (c), the Secretary shall also
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the Defense Advisory Committee
on Diversity and Inclusion in the Armed Forces.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The mission statement or purpose of the Advisory
Committee, and any proposed objectives and goals of the
Advisory Committee.
(B) A description of current members of the Advisory
Committee and the criteria used for selecting members.
(C) A description of the duties and scope of activities of
the Advisory Committee.
(D) The reporting structure of the Advisory Committee.
(E) An estimate of the annual operating costs and staff
years of the Advisory Committee.
(F) An estimate of the number and frequency of meetings of
the Advisory Committee.
(G) Any subcommittees, established or proposed, that would
support the Advisory Committee.
(3) Notice and wait on dissolution.--The Secretary may not
dissolve the Defense Advisory Committee on Diversity and Inclusion
in the Armed Forces until 60 days after the date on which the
Secretary submits to the committees of Congress specified in
paragraph (1) a notice on the dissolution of the Advisory
Committee.
SEC. 552. NATIONAL EMERGENCY EXCEPTION FOR TIMING REQUIREMENTS WITH
RESPECT TO CERTAIN SURVEYS OF MEMBERS OF THE ARMED FORCES.
(a) Members of Regular and Reserve Components.--Subsection (d) of
section 481 of title 10, United States Code, is amended to read as
follows:
``(d) When Surveys Required.--(1) The Armed Forces Workplace and
Gender Relations Surveys of the Active Duty and the Armed Forces
Workplace and Gender Relations Survey of the Reserve Components shall
each be conducted once every two years. The surveys may be conducted
within the same year or in two separate years, and shall be conducted
in a manner designed to reduce the burden of the surveys on members of
the armed forces.
``(2) The two Armed Forces Workplace and Equal Opportunity Surveys
shall be conducted at least once every four years. The surveys may be
conducted within the same year or in two separate years, and shall be
conducted in a manner designed to reduce the burden of the surveys on
members of the armed forces.
``(3)(A) The Secretary of Defense may postpone the conduct of a
survey under this section if the Secretary determines that conducting
such survey is not practicable due to a war or national emergency
declared by the President or Congress.
``(B) The Secretary shall ensure that a survey postponed under
subparagraph (A) is conducted as soon as practicable after the end of
the period of war or national emergency concerned, or earlier if the
Secretary determines appropriate.
``(C) The Secretary shall notify Congress of a determination under
subparagraph (A) not later than 30 days after the date on which the
Secretary makes such determination.''.
(b) Cadets and Midshipmen.--
(1) United states military academy.--Section 7461(c) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct of an
assessment under this subsection if the Secretary determines that
conducting such assessment is not practicable due to a war or national
emergency declared by the President or Congress.
``(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable
after the end of the period of war or national emergency concerned, or
earlier if the Secretary determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days after the
date on which the Secretary makes such determination.''.
(2) United states naval academy.--Section 8480(c) of such title
is amended by adding at the end the following new paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct of an
assessment under this subsection if the Secretary determines that
conducting such assessment is not practicable due to a war or national
emergency declared by the President or Congress.
``(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable
after the end of the period of war or national emergency concerned, or
earlier if the Secretary determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days after the
date on which the Secretary makes such determination.''.
(3) United states air force academy.--Section 9461(c) of such
title is amended by adding at the end the following new paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct of an
assessment under this subsection if the Secretary determines that
conducting such assessment is not practicable due to a war or national
emergency declared by the President or Congress.
``(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable
after the end of the period of war or national emergency concerned, or
earlier if the Secretary determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days after the
date on which the Secretary makes such determination.''.
(c) Department of Defense Civilian Employees.--Section 481a of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(d) Postponement.--(1) The Secretary of Defense may postpone the
conduct of a survey under this section if the Secretary determines that
conducting such survey is not practicable due to a war or national
emergency declared by the President or Congress.
``(2) The Secretary shall ensure that a survey postponed under
paragraph (1) is conducted as soon as practicable after the end of the
period of war or national emergency concerned, or earlier if the
Secretary determines appropriate.
``(3) The Secretary shall notify Congress of a determination under
paragraph (1) not later than 30 days after the date on which the
Secretary makes such determination.''.
SEC. 553. 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--
(1) by inserting ``(a) Questions Required.--'' before ``The
Secretary'';
(2) in paragraph (1), by inserting ``, racist, anti-Semitic, or
supremacist'' after ``extremist''; and
(3) by adding at the end the following new subsection:
``(b) Briefing.--Not later than March 1, 2021, the Secretary shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing including--
``(1) the text of the questions included in surveys under
subsection (a); and
``(2) which surveys include such questions.''.
SEC. 554. INSPECTOR GENERAL OVERSIGHT OF DIVERSITY AND INCLUSION IN
DEPARTMENT OF DEFENSE; SUPREMACIST, EXTREMIST, OR CRIMINAL GANG
ACTIVITY IN THE ARMED FORCES.
(a) Establishment of Additional Deputy Inspector General of the
Department of Defense.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall appoint, in
the Office of the Inspector General of the Department of Defense,
an additional Deputy Inspector General who--
(A) shall be a member of the Senior Executive Service of
the Department; and
(B) shall report directly to and serve under the authority,
direction, and control of the Inspector General.
(2) Duties.--Subject to the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), the Deputy Inspector General
shall have the following duties:
(A) Conducting and supervising audits, investigations, and
evaluations of policies, programs, systems, and processes of
the Department--
(i) to determine the effect of such policies, programs,
systems, and processes regarding personnel on diversity and
inclusion in the Department; and
(ii) to prevent and respond to supremacist, extremist,
and criminal gang activity of a member of the Armed Forces,
including the duties of the Inspector General under
subsection (b).
(B) Additional duties prescribed by the Secretary or
Inspector General.
(3) Coordination of efforts.--In carrying out the duties under
paragraph (2), the Deputy Inspector General shall coordinate with,
and receive the cooperation of the following:
(A) The Inspector General of the Army.
(B) The Inspector General of the Navy.
(C) The Inspector General of the Air Force.
(D) The other Deputy Inspectors General of the Department.
(4) Reports.--
(A) One-time report.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report describing, with respect
to the Deputy Inspector General appointed under this
subsection:
(i) the duties and responsibilities to be assigned to
such Deputy Inspector General;
(ii) the organization, structure, staffing, and funding
of the office established to support such Deputy Inspector
General in the execution of such duties and
responsibilities;
(iii) challenges to the establishment of such Deputy
Inspector General and such office, including any shortfalls
in personnel and funding; and
(iv) the date by which the Inspector General expects
such Deputy Inspector General and the office will reach
full operational capability.
(B) Semiannual reports.--Not later than 30 days after the
end of the second and fourth quarters of each fiscal year
beginning in fiscal year 2022, the Deputy Inspector General
shall submit to the Secretary and the Inspector General a
report including a summary of the activities of the Deputy
Inspector General during the two fiscal quarters preceding the
date of the report.
(C) Annual reports.--The Deputy Inspector General shall
submit, through the Secretary and Inspector General, to the
Committees on Armed Services of the Senate and the House of
Representatives annual reports presenting findings and
recommendations regarding--
(i) the effects of policies, programs, systems, and
processes of the Department, regarding personnel, on
diversity and inclusion in the Department; and
(ii) the effectiveness of such policies, programs,
systems, and processes in preventing and responding to
supremacist, extremist, and criminal gang activity of a
member of the Armed Forces.
(D) Occasional reports.--The Deputy Inspector General
shall, from time to time, submit to the Secretary and the
Inspector General additional reports as the Secretary or
Inspector General may direct.
(E) Online publication.--The Deputy Inspector General shall
publish each report under this paragraph on a publicly
accessible website of the Department not later than 21 days
after submitting such report to the Secretary, Inspector
General, or the Committees on Armed Services of the Senate and
the House of Representatives.
(b) Establishment of Standard Policies, Processes, Tracking
Mechanisms, and Reporting Requirements for Supremacist, Extremist, and
Criminal Gang Activity in Certain Armed Forces.--
(1) In general.--The Secretary of Defense shall establish
policies, processes, and mechanisms, standard across the covered
Armed Forces, that ensure that--
(A) all allegations (and related information) that a member
of a covered Armed Force has engaged in a prohibited activity,
are referred to the Inspector General of the Department of
Defense;
(B) the Inspector General can document and track the
referral, for purposes of an investigation or inquiry of an
allegation described in paragraph (1), to--
(i) a military criminal investigative organization;
(ii) an inspector general;
(iii) a military police or security police
organization;
(iv) a military commander;
(v) another organization or official of the Department;
or
(vi) a civilian law enforcement organization or
official;
(C) the Inspector General can document and track the
referral, to a military commander or other appropriate
authority, of the final report of an investigation or inquiry
described in subparagraph (B) for action;
(D) the Inspector General can document the determination of
whether a member described in subparagraph (A) engaged in
prohibited activity;
(E) the Inspector General can document whether a member of
a covered Armed Force was subject to action (including
judicial, disciplinary, adverse, or corrective administrative
action) or no action, as the case may be, based on a
determination described in subparagraph (D); and
(F) the Inspector General can provide, or track the
referral to a civilian law enforcement agency of, any
information described in this paragraph.
(2) 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 policies, processes, and mechanisms implemented under
paragraph (1). Each report shall include, with respect to the
fiscal year preceding the date of the report, the following:
(A) The total number of referrals received by the Inspector
General under paragraph (1)(A);
(B) The total number of investigations and inquiries
conducted pursuant to a referral described in paragraph (1)(B);
(C) The total number of members of a covered Armed Force
who, on the basis of determinations described in paragraph
(1)(D) that the members engaged in prohibited activity, were
subject to action described in paragraph (1)(E), including--
(i) court-martial,
(ii) other criminal prosecution,
(iii) non-judicial punishment under Article 15 of the
Uniform Code of Military Justice; or
(iv) administrative action, including involuntary
discharge from the Armed Forces, a denial of reenlistment,
or counseling.
(D) The total number of members of a covered Armed Force
described in paragraph (1)(A) who were not subject to action
described in paragraph (1)(E), notwithstanding determinations
described in paragraph (1)(D) that such members engaged in
prohibited activity.
(E) The total number of referrals described in paragraph
(1)(F).
(3) Definitions.--In this subsection:
(A) The term ``appropriate congressional committees''
means--
(i) the Committee on the Judiciary and the Committee on
Armed Services of the Senate; and
(ii) the Committee on the Judiciary and the Committee
on Armed Services of the House of Representatives.
(B) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(C) The term ``prohibited activity'' means an activity
prohibited under Department of Defense Instruction 1325.06,
titled ``Handling Dissident and Protest Activities Among
Members of the Armed Forces'', or any successor instruction.
SEC. 555. POLICY TO IMPROVE RESPONSES TO PREGNANCY AND CHILDBIRTH
BY CERTAIN MEMBERS OF THE ARMED FORCES.
(a) Policy Required.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall develop a
policy to ensure that the career of a member of the Armed Forces is not
unduly affected because the member is a covered member. The policy
shall address the following:
(1) Enforcement and implementation of the applicable
requirements of the Pregnancy Discrimination Act (Public Law 95-
555; 42 U.S.C. 2000e(k)).
(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 members who
reintegrate into home life after deployment.
(4) Education and training on pregnancy discrimination to
diminish stigma, stereotypes, and negative perceptions regarding
covered members, 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 members in general
and specific accommodations based on career field or military
occupational specialty.
(7) Consideration of deferments at military educational
institutions for covered members.
(8) Extended assignments and performance reporting periods for
covered members.
(9) A mechanism by which covered members may report harassment
or discrimination, including retaliation, relating to being a
covered member.
(b) Briefing.--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--
(1) a briefing summarizing the policy developed under this
section; and
(2) a copy of the policy.
(c) Definitions.--In this section:
(1) The term ``covered member'' means a member of an Armed
Force under the jurisdiction of the Secretary of a military
department who--
(A) is pregnant;
(B) gives birth to a child; or
(C) incurs a medical condition arising from pregnancy or
childbirth.
(2) The term ``military educational institution'' means a
postsecondary educational institution established within the
Department of Defense.
SEC. 556. TRAINING ON CERTAIN DEPARTMENT OF DEFENSE INSTRUCTIONS
FOR MEMBERS OF THE ARMED FORCES.
In accordance with Department of Defense Instruction 1300.17, dated
September 1, 2020, and applicable law, the Secretary of Defense shall
implement training on relevant Federal statutes, Department of Defense
Instructions, and the regulations of each military department,
including the responsibility of commanders to maintain good order and
discipline.
SEC. 557. 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. 558. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON EQUAL
OPPORTUNITY AT THE MILITARY SERVICE ACADEMIES.
Not later than one 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 that the following:
(1) The aggregate number of equal opportunity claims filed with
respect to each military service academy during 2019 and 2020.
(2) Of the number of claims specified pursuant to paragraph (1)
for each military service academy, the number of such claims that
were substantiated.
(3) The results of any completed climate survey of cadets or
midshipmen, as applicable, conducted by each military service
academy, and any authorized organization external to such military
service academy, during the two-year period ending on December 31,
2020 (or such longer period the Comptroller General determines
appropriate).
(4) An analysis of the data reported pursuant to paragraphs (1)
through (3), an assessment whether the data indicates one or more
trends in equal opportunity at the military service academies, and,
if so, a description and assessment of each such trend.
(5) A description and assessment of the Equal Opportunity
programs and other programs to improve the climate of each military
service academy, based on matters raised by equal opportunity
claims, climate surveys, and such other evidence or assessments the
Comptroller General determines appropriate, including an assessment
whether such programs address trends identified pursuant to the
analysis conducted for purposes of paragraph (4).
Subtitle G--Decorations and Awards
SEC. 561. 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 ``six''.
(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. 562. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Distinguished-Service Cross to Ramiro F. Olivo for Acts of
Valor During the Vietnam War.--
(1) 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 Armed Forces, the President may
award the Distinguished-Service Cross under section 7272 of such
title to Ramiro F. Olivo for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Ramiro F. Olivo on May 9, 1968,
as a member of the Army serving in the Republic of Vietnam.
(b) Medal of Honor to Ralph Puckett, Jr., for Acts of Valor During
the Korean War.--
(1) 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 Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to Ralph
Puckett, Jr. for the acts of valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Ralph Puckett, Jr. on November 25
and 26, 1950, as a member of the Army serving in Korea, for which
he was awarded the Distinguished-Service Cross.
(c) Medal of Honor to Dwight M. Birdwell for Acts of Valor During
the Vietnam War.--
(1) 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 Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to Dwight
M. Birdwell for the acts of valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Dwight M. Birdwell on January 31,
1968, as a member of the Army serving in the Republic of Vietnam,
for which he was awarded the Silver Star.
(d) Medal of Honor to Alwyn C. Cashe for Acts of Valor During
Operation Iraqi Freedom.--
(1) 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 Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to Alwyn
C. Cashe for the acts of valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Alwyn C. Cashe on October 17,
2005, as a member of the Army serving in Iraq in support of
Operation Iraqi Freedom, for which he was posthumously awarded the
Silver Star.
(e) Medal of Honor to Earl D. Plumlee for Acts of Valor During
Operation Enduring Freedom.--
(1) 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 Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to Earl
D. Plumlee for the acts of valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Earl D. Plumlee on August 28.
2013, as a member of the Army serving in Afghanistan in support of
Operation Enduring Freedom, for which he was awarded the Silver
Star.
SEC. 563. FEASIBILITY STUDY ON ESTABLISHMENT OF SERVICE MEDAL FOR
RADIATION-EXPOSED VETERANS.
(a) Study Required; Report.--Not later than May 1, 2021, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report containing the
results of a study assessing the feasibility of establishing a service
medal to award to radiation-exposed veterans.
(b) Elements.--The report shall contain the following:
(1) An analysis of how the decorations and awards of the
Department of Defense have been updated to reflect the nature of
military service across generations and conflicts.
(2) An assessment of the conditions of service of radiation-
exposed veterans.
(3) Any plan of the Secretary to recognize (by means of a
decoration or award) current, retired, or former members of the
Armed Forces exposed to toxic materials or environments in the
course of military service, including radiation-exposed veterans.
(4) An assessment of the feasibility of establishing an atomic
veterans service device to be added to the National Defense Service
Medal or another appropriate medal.
(5) A determination of the direct or indirect costs to the
Department that would arise from the establishment of such a device
or other appropriate medal.
(6) Any other element the Secretary determines appropriate.
(c) Meeting Required.--In the course of the feasibility study, the
Secretary shall hold no fewer than one meeting with representatives of
organizations that advocate for radiation-exposed veterans (including
leadership of the National Association of Atomic Veterans, Inc.) to
discuss the study and to work with such organizations on steps towards
a mutually agreeable and timely recognition of the valued service of
radiation-exposed veterans.
(d) Radiation-exposed Veteran Defined.--In this section, the term
``radiation-exposed veteran'' has the meaning given that term in
section 1112 of title 38, United States Code.
SEC. 564. EXPRESSING SUPPORT FOR THE DESIGNATION OF SILVER STAR
SERVICE BANNER DAY.
Congress supports the designation of a ``Silver Star Service Banner
Day'' and recommends that the President issues each year a proclamation
calling on the people of the United States to observe Silver Star
Service Banner Day with appropriate programs, ceremonies, and
activities.
Subtitle H--Member Education, Training, Transition, and Resilience
SEC. 571. MENTORSHIP AND CAREER COUNSELING PROGRAM FOR OFFICERS TO
IMPROVE DIVERSITY IN MILITARY LEADERSHIP.
(a) Program Required.--
(1) In general.--Section 656 of title 10, United States Code,
is amended--
(A) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively; and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Mentoring and Career Counseling Program.--
``(1) Program required as part of plan.--With the goal of
having the diversity of the population of officers serving in each
branch, specialty, community, and grade of each armed force reflect
the diversity of the population in such armed force as a whole, the
Secretary of Defense and the Secretary of the Department in which
the Coast Guard is operating shall include in the plan required by
subsection (a) a mentoring and career counseling program for
officers.
``(2) Elements.--The program required by this subsection shall
include the following:
``(A) The option for any officer to participate in the
program.
``(B) For each officer who elects to participate in the
program, the following:
``(i) One or more opportunities for mentoring and
career counseling before selection of the officer's branch,
specialty, or community.
``(ii) Ongoing opportunities for mentoring and career
counseling following selection of the officer's branch,
specialty, or community, and continuing through the
officer's military career.
``(C) Mentoring and counseling during opportunities under
subparagraph (B) consisting of the following:
``(i) Information on officer retention and promotion
rates in each grade, branch, specialty, and community of
the armed force concerned, including the rate at which
officers in each branch, specialty, or community of such
armed force are promoted to a grade above O-6.
``(ii) Information on career and service pathways,
including service in the reserve components.
``(iii) Such other information as may be required to
optimize the ability of an officer to make informed career
decisions through the officer's military career.''.
(2) Performance metrics.--Subsection (c) of such section, as
redesignated by paragraph (1)(A), is amended--
(A) in the subsection heading, by inserting ``and Mentoring
and Career Counseling Program'' after ``Developing and
Implementing Plan''; and
(B) by inserting ``and the mentoring and career counseling
program under subsection (b)'' after ``the plan under
subsection (a)''.
(3) Conforming and clerical amendments.--
(A) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 656. Diversity in military leadership: plan; mentoring and
career counseling program''.
(B) Table of sections.--The table of sections at the
beginning of chapter 37 of such title is amended by striking
the item relating to section 656 and inserting the following
new item:
``656. Diversity in military leadership: plan; mentoring and career
counseling program.''.
(b) Report.--
(1) In general.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
coordination with the Secretary of the Department in which the
Coast Guard is operating, submit to the appropriate committees of
Congress a report on the mentoring and career counseling program
established pursuant to subsection (b) of section 656 of title 10,
United States Code (as amended by subsection (a)).
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A description of the manner in which each Armed Force
will implement the mentoring and counseling program,
(B) A description of the metrics that will be used to
measure progress in developing and implementing the mentoring
and career counseling program.
(C) For each Armed Force, an explanation whether the
mentoring and career counseling program will be carried out as
part of another program of such Armed Force or through the
establishment of a separate subprogram or subprograms of such
Armed Force.
(D) A description of the additional resources, if any, that
will be required to implement the mentoring and career
counseling program, including the specific number of additional
personnel authorizations that will be required to staff the
program.
(E) Such other information on the mentoring and career
counseling program as the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating consider appropriate.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 572. 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. 573. 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. 574. ADDITIONAL ELEMENTS WITH 2021 AND 2022 CERTIFICATIONS ON
THE READY, RELEVANT LEARNING INITIATIVE OF THE NAVY.
(a) Additional Elements With 2021 Certifications.--In submitting to
Congress in 2021 the certifications required by section 545 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1396; 10 U.S.C. 8431 note prec.), relating to the
Ready, Relevant Learning initiative of the Navy, the Secretary of the
Navy shall also submit each of the following:
(1) A framework for a life cycle sustainment plan for the
Ready, Relevant Learning initiative meeting the requirements in
subsection (b).
(2) A report on the use of readiness assessment teams in
training addressing the elements specified in subsection (c).
(b) Life Cycle Sustainment Plan Framework.--The framework for a
life cycle sustainment plan required by subsection (a)(1) shall address
each of the following:
(1) Product support management.
(2) Supply support.
(3) Packaging, handling, storage, and transportation.
(4) Maintenance planning and management.
(5) Design interface.
(6) Sustainment engineering.
(7) Technical data.
(8) Computer resources.
(9) Facilities and infrastructure.
(10) Manpower and personnel.
(11) Support equipment.
(12) Training and training support.
(13) Course content and relevance.
(14) Governance, including the acquisition and program
management structure.
(15) Such other elements in the life cycle sustainment of the
Ready, Relevant Learning initiative as the Secretary considers
appropriate.
(c) Report on Use of Readiness Assessment Teams.--The report
required by subsection (a)(2) shall set forth the following:
(1) A description and assessment of the extent to which the
Navy is currently using Engineering Readiness Assessment Teams and
Combat Systems Readiness Assessment Teams to conduct unit-level
training and assistance in each capacity as follows:
(A) To augment non-Ready, Relevant Learning initiative
training.
(B) As part of Ready, Relevant Learning initiative
training.
(C) To train students on legacy, obsolete, one of a kind,
or unique systems that are still widely used by the Navy.
(D) To train students on military-specific systems that are
not found in the commercial maritime world.
(2) A description and assessment of potential benefits, and
anticipated timelines and costs, in expanding Engineering Readiness
Assessment Team and Combat Systems Readiness Assessment Team
training in the capacities specified in paragraph (1).
(3) Such other matters in connection with the use of readiness
assessment teams in connection with the Ready, Relevant Learning
initiative as the Secretary considers appropriate.
(d) Life Cycle Sustainment Plan With 2022 Certifications.--In
submitting to Congress in 2022 the certifications required by section
545 of the National Defense Authorization Act for Fiscal Year 2018, the
Secretary shall also submit the approved life cycle sustainment plan
for the Ready, Relevant Learning initiative of the Navy, based on the
framework for the plan developed for purposes of subsection (a)(1).
SEC. 575. INFORMATION ON NOMINATIONS AND APPLICATIONS FOR MILITARY
SERVICE ACADEMIES.
(a) Nominations Portal.--
(1) In general.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense, 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 and other
nominating sources 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 have the ability to--
(A) collect, from each nominating source, the demographic
information described in subsection (b) for each individual
nominated to attend a military service academy; 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, other nominating sources, and their designees
to view their 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 report 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 establishment of the online portal, the
Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives 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);
(ii) the number and percentage who received a
nomination, disaggregated by the classifications
established under subsection (b);
(iii) the number and percentage who received an offer
for appointment to the academy, disaggregated by the
classifications established under subsection (b); and
(iv) the number and percentage who accepted an
appointment to the academy, disaggregated by the
classifications established under subsection (b).
(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 ``machine-readable'' has the meaning given that
term in section 3502(18) of title 44, United States Code.
(3) 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.
SEC. 576. REPORT ON POTENTIAL IMPROVEMENTS TO CERTAIN MILITARY
EDUCATIONAL INSTITUTIONS OF THE DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than December 1, 2021, the
Secretary of Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report setting forth the
results of a review and assessment, obtained by the Secretary for
purposes of the report, of the potential effects on the military
education provided by the educational institutions of the Department of
Defense specified in subsection (b) of the actions described in
subsection (c).
(b) Educational Institutions of the Department of Defense.--The
educational institutions of the Department of Defense specified in this
subsection are the following:
(1) The senior level service schools and intermediate level
service schools (as such terms are defined in section 2151(b) of
title 10, United States Code).
(2) The Air Force Institute of Technology.
(3) The National Defense University.
(4) The Joint Special Operations University.
(5) The Army Armament Graduate School.
(6) Any other military educational institution of the
Department specified by the Secretary for purposes of this section.
(c) Actions.--The actions described in this subsection with respect
to the educational institutions of the Department of Defense specified
in subsection (b) are the following:
(1) Modification of admission and graduation requirements.
(2) Expansion of use of case studies in curricula for
professional military education.
(3) Reduction or expansion of degree-granting authority.
(4) Reduction or expansion of the acceptance of research
grants.
(5) Reduction or expansion of the number of attending students
generally.
(6) Modification of military personnel career milestones in
order to prioritize instructor positions.
(7) Increase in educational and performance requirements for
military personnel selected to be instructors.
(8) Expansion of visiting or adjunct faculty.
(9) Modification of civilian faculty management practices,
including employment practices.
(10) Reduction of the number of attending students through the
sponsoring of education of an increased number of students at non-
Department of Defense institutions of higher education.
(d) Additional Elements.--In addition to the matters described in
subsection (a), the review and report under this section shall also
include the following:
(1) A consolidated summary that lists all components of the
professional military education enterprise of the Department of
Defense, including all associated schools, programs, research
centers, and support activities.
(2) For each component identified under paragraph (1), the
assigned personnel strength, annual student throughput, and budget
details of the three fiscal years preceding the date of the report.
(3) An assessment of the differences between admission
standards and graduation requirements of the educational
institutions of the Department of Defense specified in subsection
(b) and such admission standards and graduation requirements of
public and private institutions of higher education that the
Secretary determines comparable to the educational institutions of
the Department of Defense.
(4) An assessment of the requirements of the goals and missions
of the educational institutions of the Department of Defense
specified in subsection (b) and any need to adjust such goals and
missions to meet national security requirements of the Department.
(5) 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.
(6) Any other matters the Secretary determines appropriate for
purposes of this section.
SEC. 577. 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. 578. IMPROVEMENTS TO THE CREDENTIALING OPPORTUNITIES ON-LINE
PROGRAMS OF THE ARMED FORCES.
(a) Study on Performance Measures.--The Secretary of Defense shall
conduct a study to determine additional performance measures to
evaluate the effectiveness of the Credentialing Opportunities On-Line
programs (in this section referred to as the ``COOL programs'') of each
Armed Force in connecting members of the Armed Forces with professional
credential programs. The study 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 amount of funds obligated and expended to execute the
COOL program of each Armed Force during the five fiscal years
immediately preceding the date of the study.
(4) Any other element determined by the Secretary of Defense.
(b) Information Tracking.--The Secretary of Defense shall establish
a process to standardize the tracking of information regarding the COOL
programs across the Armed Forces.
(c) Coordination.--To carry out this section, the Secretary of
Defense may coordinate with the Secretaries of Veterans Affairs and
Labor.
(d) 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 on--
(1) the study conducted under subsection (a); and
(2) the process established under subsection (b), including a
timeline to implement such process.
SEC. 579. GAO STUDY REGARDING TRANSFERABILITY OF MILITARY
CERTIFICATIONS TO CIVILIAN OCCUPATIONAL LICENSES AND
CERTIFICATIONS.
(a) Study; Report.--Not later than one 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 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.
(4) An assessment of the effectiveness of the credentialing
programs of each Armed Force.
SEC. 579A. 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) 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.
(c) 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.
Subtitle I--Military Family Readiness and Dependents' Education
SEC. 581. FAMILY READINESS: DEFINITIONS; COMMUNICATION STRATEGY;
REVIEW; REPORT.
(a) Definitions.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall act on
recommendation one of 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'',
by establishing definitions of ``family well-being'', ``family
readiness'', and ``family resilience'' for use by the Department of
Defense.
(b) Communication Strategy.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in coordination
with the Secretaries of the military departments, shall--
(1) ensure that the Secretary of Defense has carried out
section 561 of the National Defense Authorization Act for Fiscal
Year 2010 (10 U.S.C. 1781 note);
(2) implement a strategy to use of a variety of modes of
communication to ensure the broadest means of communicating with
military families; and
(3) establish a process to measure the effectiveness of the
modes of communication described in paragraph (2).
(c) Review.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall conduct a review of current
programs, policies, services, resources, and practices of the
Department for military families as outlined in recommendation four of
the report described in subsection (a).
(d) Report.--Not later than 60 days after completing the review
under subsection (c), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report detailing the results of the review and how
the Secretary shall improve programs, policies, services, resources,
and practices for military families, based on the review.
SEC. 582. IMPROVEMENTS TO EXCEPTIONAL FAMILY MEMBER PROGRAM.
(a) In General.--Section 1781c of title 10, United States Code is
amended--
(1) in subsection (b), by striking ``enhance'' and inserting
``standardize, enhance,'';
(2) in subsection (c)(1), by inserting ``and standard'' after
``comprehensive'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``update from time to
time'' and inserting ``regularly update'';
(B) in paragraph (3), by adding at the end the following
new subparagraphs:
``(C) Ability to request a second review of the approved
assignment within or outside the continental United States if the
member believes the location is inappropriate for the member's
family and would cause undue hardship.
``(D) Protection from having a medical recommendation for an
approved assignment overridden by the commanding officer.
``(E) Ability to request continuation of location when there is
a documented substantial risk of transferring medical care or
educational services to a new provider or school at the specific
time of permanent change of station.''; and
(C) in paragraph (4)--
(i) in subparagraph (F), by striking ``of an
individualized services plan (medical and educational)''
and inserting ``by an appropriate office of an
individualized services plan (whether medical, educational,
or both)''; and
(ii) by inserting after subparagraph (F) the following
new subparagraphs:
``(H) Procedures for the development of an individualized
services plan for military family members with special needs who
have requested family support services and have a completed family
needs assessment.
``(I) Requirements to prohibit disenrollment from the
Exceptional Family Member Program unless there is new supporting
medical or educational information that indicates the original
condition is no longer present, and to track disenrollment data in
each armed force.''.
(b) Standardization.--Not later than six 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.
The EFMP, standardized under this subsection, 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) If an order for assignment is declined for a military
family with special needs, the member will receive a reason for the
decline of that order.
(4) 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.
(5) 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.
(6) Performance metrics for measuring, across the Department
and with respect to each military department, the following:
(A) Assignment coordination and support for military
families with special needs, including a systematic process for
evaluating each military department's program for the support
of military families with special needs.
(B) The reassignment of military families with special
needs, including how often members request reassignments, for
what reasons, and from what military installations.
(C) The level of satisfaction of military families with
special needs with the family and medical support they are
provided.
(7) A requirement that the Secretary of each military
department provide legal services by an attorney, trained 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.
(8) The option for a family enrolled in the EFMP to continue to
receive all services under that program and a family separation
allowance, if otherwise authorized, 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.
(9) The solicitation of feedback from military families with
special needs, and discussions of challenges and best practices of
the EFMP, using existing family advisory organizations.
(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 this section,
including any recommendations of the Secretary regarding additional
legislation.
(e) 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. 583. 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), by striking ``for the immediate family
members of members of the armed forces assigned to special
operations forces'';
(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) service personnel assigned to support special
operations forces; and
``(C) immediate family members of individuals described in
subparagraphs (A) and (B).''.
(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. 584. RESPONSIBILITY FOR ALLOCATION OF CERTAIN FUNDS FOR
MILITARY CHILD DEVELOPMENT PROGRAMS.
Section 1791 of title 10, United States Code, is amended--
(1) by striking ``It is the policy'' and inserting the
following:
``(a) Policy.--It is the policy''; and
(2) by adding at the end the following new subsection:
``(b) Responsibility for Allocations of Certain Funds.--The
Secretary of Defense shall be responsible for the allocation of Office
of the Secretary of Defense level funds for military child development
programs for children from birth through 12 years of age, and may not
delegate such responsibility to the military departments.''.
SEC. 585. MILITARY CHILD CARE AND CHILD DEVELOPMENT CENTER MATTERS.
(a) Center Fees Matters.--Section 1793 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(c) Family Discount.--In the case of a family with two or more
children attending a child development center, the regulations
prescribed pursuant to subsection (a) may require that installations
commanders charge a fee for attendance at the center of any child of
the family after the first child of the family in amount equal to 85
percent of the amount of the fee otherwise chargeable for the
attendance of such child at the center.''.
(b) Reports on Installations With Extreme Imbalance Between Demand
for and Availability of Child Care.--Not later than one year after the
date of the enactment of this Act, each Secretary of a military
department shall submit to Congress a report on the military
installations under the jurisdiction of such Secretary with an extreme
imbalance between demand for child care and availability of child care.
Each report shall include, for the military department covered by such
report, the following:
(1) The name of the five installations of the military
department experiencing the most extreme imbalance between demand
for child care and availability of child care.
(2) For each installation named pursuant to subparagraph (A),
the following:
(A) An assessment whether civilian employees at child
development centers at such installation have rates of pay and
benefits that are competitive with other civilian employees on
such installation and with the civilian labor pool in the
vicinity of such installation.
(B) A description and assessment of various incentives to
encourage military spouses to become providers under the Family
Child Care program at such installation.
(C) Such recommendations at the Secretary of the military
department concerned considers appropriate to address the
imbalance between demand for child care and availability of
child care at such installation, including recommendations to
enhance the competitiveness of civilian child care positions at
such installation with other civilian positions at such
installation and the civilian labor pool in the vicinity of
such installation.
SEC. 586. 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 ``(a) Professional License or Certification;
Associate's Degree.--'' before ``The Secretary'';
(2) by inserting ``or maintenance (including continuing
education courses)'' after ``pursuit''; and
(3) by adding at the end the following new subsection:
``(b) National Testing.--Financial assistance under subsection (a)
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).''.
SEC. 587. IMPROVEMENTS TO PARTNER CRITERIA OF THE MILITARY SPOUSE
EMPLOYMENT PARTNERSHIP PROGRAM.
(a) Evaluation; Updates.--Not later than 180 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 (in this section referred to as the ``MSEP
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 may 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 consultation 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 one 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) The results of the evaluation of the MSEP Program,
including the implementation plan for any change to partnership
criteria.
(2) Data on the new partnerships undertaken as a result of the
evaluation, including the type, size, and location of the partner
entities.
(3) Data on the utility of the MSEP Program, including--
(A) the number of military spouses who have applied through
the MSEP Program;
(B) the average length of time a job is available before
being filled or removed from the MSEP Program portal; and
(C) the average number of new jobs posted on the MSEP
Program portal each month.
SEC. 588. 24-HOUR CHILD CARE.
(a) 24-Hour Child Care.--If the Secretary of Defense determines it
feasible, pursuant to the study conducted pursuant to subsection (b),
the Secretary shall furnish child care to each child of a member of the
Armed Forces or civilian employee of the Department of Defense while
that member or employee works on rotating shifts at a military
installation.
(b) Feasibility Study; Report.--Not later than 270 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 setting forth the results of a study,
conducted by the Secretary for purposes of this section, on the
feasibility of furnishing child care described in subsection (a).
(c) Elements.--The report required by subsection (b) shall include
the following:
(1) The results of the study described in that subsection.
(2) If the Secretary determines that furnishing child care
available as described in subsection (a) is feasible, such matters
as the Secretary determines appropriate in connection with
furnishing such child care, including--
(A) an identification of the installations at which such
child care would be beneficial to members of the Armed Forces,
civilian employees of the Department, or both;
(B) an identification of any barriers to making such child
care available at the installations identified pursuant to
subparagraph (A);
(C) an assessment whether the child care needs of members
of the Armed Forces and civilian employees of the Department
described in subsection (a) would be better met by an increase
in assistance for child care fees;
(D) a description and assessment of the actions, if any,
being taken to furnish such child care at the installations
identified pursuant to subparagraph (A); and
(E) such recommendations for legislative or administrative
action the Secretary determines appropriate to make such child
care available at the installations identified pursuant to
subparagraph (A), or at any other military installation.
SEC. 589. PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO MEMBERS
OF THE ARMED FORCES FOR IN-HOME CHILD CARE.
(a) Establishment.--Not later than March 1, 2021, the Secretary of
Defense shall establish a pilot program to provide financial assistance
to members of the Armed Forces who pay for services provided by in-home
child care providers. In carrying out the pilot program, the Secretary
shall take the following steps:
(1) Determine the needs of military families who request
services provided by in-home child care providers.
(2) Determine the appropriate amount of financial assistance to
provide to military families described in paragraph (1).
(3) Determine the appropriate qualifications for an in-home
child care provider for whose services the Secretary shall provide
financial assistance to a military family. In carrying out this
paragraph, the Secretary shall--
(A) take into consideration qualifications for in-home
child care providers in the private sector; and
(B) ensure that the qualifications the Secretary determines
appropriate under this paragraph are comparable to the
qualifications for a provider of child care services in a
military child development center or family home day care.
(4) Establish a marketing and communications plan to inform
members of the Armed Forces who live in the locations described in
subsection (b) about the pilot program.
(b) Locations.--The Secretary shall carry out the pilot program in
the five locations that the Secretary determines have the greatest
demand for child care services for children of members of the Armed
Forces.
(c) Reports.--
(1) Interim reports.--Not later than one year after the
Secretary establishes the pilot program and thrice annually
thereafter, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives an interim
report on the pilot program. Each interim report shall include the
following elements:
(A) The number of military families participating in the
pilot program, disaggregated by location and duration of
participation.
(B) The amount of financial assistance provided to
participating military families in each location.
(C) Metrics by which the Secretary carries out subsection
(a)(3)(B);
(D) The feasibility of expanding the pilot program.
(E) Legislation or administrative action that the Secretary
determines necessary to make the pilot program permanent.
(F) Any other information the Secretary determines
appropriate.
(2) Final report.--Not later than 90 days after the termination
of the pilot program, the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
final report on the pilot program. The final report shall include
the following elements:
(A) The elements specified in paragraph (1).
(B) The recommendation of the Secretary whether to make the
pilot program permanent.
(d) Termination.--The pilot program shall terminate five years
after the date on which the Secretary establishes the pilot program.
(e) Definitions.--In this section:
(1) The term ``in-home child care provider'' means an
individual who provides child care services in the home of the
child.
(2) The terms ``military child development center'' and
``family home day care'' have the meanings given those terms in
section 1800 of title 10, United States Code.
SEC. 589A. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational Agencies
That Benefit Dependents of Members of the Armed Forces and Department
of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of military
dependent students.--Of the amount authorized to be appropriated
for fiscal year 2021 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $50,000,000 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).
(2) Local educational agency defined.--In this subsection, 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)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be appropriated
for fiscal year 2021 pursuant to section 301 and available for
operation and maintenance for Defense-wide activities as specified
in the funding table in section 4301, $10,000,000 shall be
available for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C.
7703a).
(2) Additional amount.--Of the amount authorized to be
appropriated for fiscal year 2021 pursuant to section 301 and
available for operation and maintenance for Defense-wide activities
as specified in the funding table in section 4301, $10,000,000
shall be available for use by the Secretary of Defense to make
payments to local educational agencies determined by the Secretary
to have higher concentrations of military children with severe
disabilities.
(3) Report.--Not later than March 1, 2021, the Secretary shall
brief the Committees on Armed Services of the Senate and the House
of Representatives on the Department's evaluation of each local
educational agency with higher concentrations of military children
with severe disabilities and subsequent determination of the
amounts of impact aid each such agency shall receive.
SEC. 589B. STAFFING OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY SCHOOLS
TO MAINTAIN MAXIMUM STUDENT-TO-TEACHER RATIOS.
(a) In General.--The Department of Defense Education Activity shall
staff elementary and secondary schools operated by the Activity so as
to maintain, to the extent practicable, student-to-teacher ratios that
do not exceed the maximum student-to-teacher ratios specified in
subsection (b).
(b) Maximum Student-to-teacher Ratios.--The maximum student-to-
teacher ratios specified in this subsection are the following:
(1) For each of grades kindergarten through 3, a ratio of 18
students to 1 teacher (18:1).
(2) For each of grades 4 through 12, a ratio equal to the
average student-to-teacher ratio for such grade among all
Department of Defense Education Activity schools during the 2019-
2020 academic year.
(c) Sunset.--The requirement to staff schools in accordance with
subsection (a) shall expire at the end of the 2023-2024 academic year
of the Department of Defense Education Activity.
SEC. 589C. 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 four 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. 589D. PILOT PROGRAM ON EXPANDED ELIGIBILITY FOR DEPARTMENT OF
DEFENSE EDUCATION ACTIVITY VIRTUAL HIGH SCHOOL PROGRAM.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense shall carry out a
pilot program on permitting dependents of members of the Armed
Forces on active duty to enroll in the Department of Defense
Education Activity Virtual High School program (in this section
referred to as the ``DVHS program'').
(2) Purposes.--The purposes of the pilot program shall be as
follows:
(A) To evaluate the feasibility and scalability of the DVHS
program.
(B) To assess the impact of expanded enrollment in the DVHS
program under the pilot program on military and family
readiness.
(3) Duration.--The duration of the pilot program shall be four
academic years.
(b) Participants.--
(1) In general.--Participants in the pilot program shall be
selected by the Secretary from among dependents of members of the
Armed Forces on active duty who--
(A) are in a grade 9 through 12;
(B) are currently ineligible to enroll in the DVHS program;
and
(C) either--
(i) require supplementary courses to meet graduation
requirements in the current State of residence; or
(ii) otherwise demonstrate to the Secretary a clear
need to participate in the DVHS program.
(2) Preference in selection.--In selecting participants in the
pilot program, the Secretary shall afford a preference to the
following:
(A) Dependents who reside in a rural area.
(B) Dependents who are home-schooled students.
(3) Limitations.--The total number of course enrollments per
academic year authorized under the pilot program may not exceed 400
course enrollments. No single dependent participating in the pilot
program may take more than two courses per academic year under the
pilot program.
(c) Reports.--
(1) Interim report.--Not later than two years 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 an interim report on the pilot program.
(2) Final report.--Not later than 180 days after the completion
of the pilot program, the Secretary shall submit to the committees
of Congress referred to in paragraph (1) a final report on the
pilot programs.
(3) Elements.--Each report under this subsection shall include
the following:
(A) A description of the demographics of the dependents
participating in the pilot program through the date of such
report.
(B) Data on, and an assessment of, student performance in
virtual coursework by dependents participating in the pilot
program over the duration of the pilot program.
(C) Such recommendation as the Secretary considers
appropriate on whether to make the pilot program permanent.
(d) Definitions.--In this section:
(1) The term ``rural area'' has the meaning given the term in
section 520 of the Housing Act of 1949 (42 U.S.C. 1490).
(2) The term ``home-schooled student'' means a student in a
grade equivalent to grade 9 through 12 who receives educational
instruction at home or by other non-traditional means outside of a
public or private school system, either all or most of the time.
SEC. 589E. TRAINING PROGRAM REGARDING FOREIGN MALIGN INFLUENCE
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 civilian employees of the Department of Defense
regarding the threat of foreign malign influence campaigns targeted at
such individuals and the families of such individuals, including such
campaigns carried out through social media.
(b) Designation of Official to Coordinate and Integrate.--Not later
than 30 days after the date of enactment of this Act, the Secretary
shall designate an official of the Department who shall be responsible
for coordinating and integrating the training program under this
section.
(c) Best Practices.--In coordinating and integrating the training
program under this section, the official designated under subsection
(b) shall review best practices of existing training programs across
the Department.
(d) Report Required.--Not later than October 30, 2021, the
Secretary shall submit a report to the congressional defense committees
detailing the program established under this section.
(e) Foreign Malign Influence Defined.--In this section, the term
``foreign malign influence'' has the meaning given that term in section
119C of the National Security Act of 1947 (50 U.S.C. 3059).
SEC. 589F. STUDY ON CYBEREXPLOITATION AND ONLINE DECEPTION OF MEMBERS
OF THE ARMED FORCES AND THEIR FAMILIES.
(a) Study.--Not later than 150 days after the date of the enactment
of this Act, the Secretary of Defense shall complete a study on--
(1) the cyberexploitation of the personal information and
accounts of members of the Armed Forces and their families; and
(2) the risks of deceptive online targeting of members and
their families.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An assessment of predatory loans, other financial products,
or educational products being targeted to members of the Armed
Forces and their families.
(2) An assessment of unproven or unnecessary medical treatments
or procedures being targeted to members and their families.
(3) An assessment of ethnic or racial violent extremism
messages targeting members and their families.
(4) An assessment of the ways in which social media algorithms
may amplify the targeting described in paragraphs (1) through (3).
(5) An intelligence assessment of the threat currently posed by
foreign government and non-state actors carrying out the
cyberexploitation of members and their families, including
generalized assessments as to--
(A) whether such cyberexploitation is a substantial threat
as compared to other means of information warfare; and
(B) whether such cyberexploitation is an increasing threat.
(6) A case-study analysis of three known occurrences of
attempted cyberexploitation against members and their families,
including assessments of the vulnerability and the ultimate
consequences of the attempted cyberexploitation.
(7) A description of the actions taken by the Department of
Defense to educate members and their families, including
particularly vulnerable subpopulations, about any actions that can
be taken to reduce cyberexploitation threats.
(8) An intelligence assessment of the threat posed by foreign
government and non-state actors creating or using machine-
manipulated media (commonly referred to as ``deep fakes'')
featuring members and their families, including generalized
assessments of--
(A) the maturity of the technology used in the creation of
such media; and
(B) how such media has been used or might be used to
conduct information warfare.
(9) Recommendations for policy changes to reduce the
vulnerability of members of the Armed Forces and their families to
cyberexploitation and deception, including recommendations for
legislative or administrative action.
(c) Report.--
(1) Requirement.--The Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a
report on the findings of the Secretary with respect to 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) Definitions.--In this section:
(1) The term ``cyberexploitation'' means the use of digital
means and online platforms--
(A) to knowingly access, or conspire to access, without
authorization, an individual's personal information to be
employed (or to be used) with malicious intent; or
(B) to deceive an individual with misinformation with
malicious intent.
(2) The term ``machine-manipulated media'' means video, image,
or audio recordings generated or substantially modified using
machine learning techniques in order to, with malicious intent,
falsely depict the speech or conduct of an individual without that
individual's permission.
SEC. 589G. MATTERS RELATING TO EDUCATION FOR MILITARY DEPENDENT
STUDENTS WITH SPECIAL NEEDS.
(a) Information on Special Education Disputes.--
(1) In general.--Each Secretary of a military department shall
collect and maintain information on special education disputes
filed by members of the Armed Forces under the jurisdiction of such
Secretary.
(2) Information.--The information collected and maintained
under this subsection shall include the following:
(A) The number of special education disputes filed.
(B) The outcome or disposition of the disputes.
(3) Source of information.--The information collected and
maintained pursuant to this subsection shall be derived from the
following:
(A) Records and reports of case managers and navigators
under the Exceptional Family Member Program of the Department
of Defense.
(B) Reports submitted by members of the Armed Forces to
officials at military installations or other relevant military
officials.
(C) Such other sources as the Secretary of the military
department concerned considers appropriate.
(4) Annual reports.--On an annual basis, each Secretary of a
military department shall submit to the Office of Special Needs of
the Department of Defense a report on the information collected by
such Secretary under this subsection during the preceding year.
(b) GAO Study and Report.--
(1) In general.--The Comptroller General of the United States
shall conduct a study on the following:
(A) The manner in which local educational agencies with
schools that serve military dependent students use the
following:
(i) Funds made available for impact aid for children
with severe disabilities 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).
(ii) Funds made available for assistance to schools
with a significant number of military dependent students
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).
(C) The efficacy of attorneys and other legal support for
military families in special education disputes.
(E) Whether, and to what extent, policies and guidance for
School Liaison Officers are standardized between the Office of
Special Needs of the Department of Defense and the military
departments, and the efficacy of such policies and guidance.
(F) The improvements made to family support programs of the
Office of Special Needs, and of each military department, in
light of the recommendations of the Comptroller General in the
report titled ``DOD Should Improve Its Oversight of the
Exceptional Family Member Program'' (GAO-18-348).
(2) Recommendations.--As part of the study under paragraph (1),
the Comptroller General shall develop recommendations on the
following:
(A) Improvements to the ability of the Department of
Defense to monitor and enforce the compliance of local
educational agencies with requirements for the provision of a
free appropriate public education to military dependent
students with special needs.
(B) Improvements to the policies of the Office of Special
Needs, and of each military department, with respect to the
standardization and efficacy of policies and programs for
military dependent students with special needs.
(3) Briefing and report.--Not later than March 31, 2021, the
Comptroller General of the United States shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing and a report the results of the study
conducted under paragraph (1).
(c) Definitions.--In this section:
(1) The term ``free appropriate public education'' has the
meaning given that term in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401).
(2) The term ``local educational agency'' has the meaning given
that term in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(3) The term ``special education dispute'' means a complaint
filed regarding the education provided to a child with a disability
(as defined in section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401)), including a complaint filed in
accordance with section 615 or 639 of such Act (20 U.S.C. 1415,
1439).
SEC. 589H. STUDIES AND REPORTS ON THE PERFORMANCE OF THE DEPARTMENT OF
DEFENSE EDUCATION ACTIVITY.
(a) DOD Study and Report.--
(1) Study.--The Secretary of Defense shall conduct a study on
the performance of the Department of Defense Education Activity.
(2) Elements.--The study under paragraph (1) shall include--
(A) a review of the curriculum relating to health,
resiliency, and nutrition taught in schools operated by the
Department of Defense Education Activity; and
(B) a comparison of such curriculum to benchmarks
established for the curriculum by the Department of Defense
Education Activity.
(3) Report.--Not later than one year 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 that includes the results of the study
conducted under paragraph (1).
(b) GAO Studies and Reports.--
(1) Studies.--The Comptroller General of the United States
shall conduct two studies on the performance of the Department of
Defense Education Activity as follows:
(A) One study shall analyze the educational outcomes of
students in schools operated by the Department of Defense
Education Activity compared to the educational outcomes of
students in public elementary schools and public secondary
schools (as those terms are defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801
et seq.)) outside the Department of Defense.
(B) One study shall assess 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.
(2) Reports.--Not later than one 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) a report that includes the results of the study
conducted under subparagraph (A) of paragraph (1); and
(B) a report that includes the results of the study
conducted under subparagraph (B) of such paragraph.
Subtitle J--Other Matters and Reports
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. 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 determined whether explosive
ordnance disposal soldiers have the appropriate skills
necessary to support missions of special operations forces (as
identified in section 167(j) of title 10, United States Code).
Such skills may include airborne, air assault, combat diver,
fast roping insertion and extraction, helocasting, military
free-fall, and off-road driving.''.
SEC. 594. ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST SPECIAL
PURPOSE ADJUNCT TO ADDRESS COMPUTATIONAL THINKING.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall establish a special purpose test
adjunct to the Armed Services Vocational Aptitude Battery test to
address computational thinking skills relevant to military
applications, including problem decomposition, abstraction, pattern
recognition, analytical ability, the identification of variables
involved in data representation, and the ability to create algorithms
and solution expressions.
SEC. 595. EXTENSION OF REPORTING DEADLINE FOR THE ANNUAL REPORT ON
THE ASSESSMENT OF THE EFFECTIVENESS OF ACTIVITIES OF THE FEDERAL
VOTING ASSISTANCE PROGRAM.
(a) Elimination of Reports for Non-election Years.--Section 105A(b)
of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20308(b)) is amended, in the matter preceding paragraph (1)--
(1) by striking ``March 31 of each year'' and inserting
``September 30 of each odd-numbered year''; and
(2) by striking ``the following information'' and inserting
``the following information with respect to the Federal elections
held during the preceding calendar year''.
(b) Conforming Amendments.--Subsection (b) of section 105A of such
Act (52 U.S.C. 20308(b)) is amended--
(1) in the subsection heading, by striking ``Annual Report''
and inserting ``Biennial Report''; and
(2) in paragraph (3), by striking ``In the case of'' and all
that follows through ``a description'' and inserting ``A
description''.
SEC. 596. PLAN ON PERFORMANCE OF FUNERAL HONORS DETAILS BY MEMBERS
OF OTHER ARMED FORCES WHEN MEMBERS OF THE ARMED FORCE OF THE
DECEASED ARE UNAVAILABLE.
(a) Briefing on Plan.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the Committees on Armed Services of the Senate and the
House of Representatives setting forth a plan for the performance
of a funeral honors detail at the funeral of a deceased member of
the Armed Forces by one or more members of the Armed Forces from an
Armed Force other than that of the deceased when--
(A) members of the Armed Force of the deceased are
unavailable for the performance of the detail;
(B) the performance of the detail by members of other Armed
Forces is requested by the family of the deceased; and
(C) the chief of the Armed Force of the deceased verifies
the eligibility of the deceased for such funeral honors.
(2) Repeal of requirement for one member of armed force of
deceased in detail.--Section 1491(b)(2) of title 10, United States
Code, is amended in the first sentence by striking ``, at least one
of whom shall be a member of the armed force of which the veteran
was a member''.
(3) Performance.--The plan required by paragraph (1) shall
authorize the performance of funeral honors details by members of
the Army National Guard and the Air National Guard under section
115 of title 32, United States Code, and may authorize the
remainder of such details to consist of members of veterans
organizations or other organizations approved for purposes of
section 1491 of title 10, United States Code, as provided for by
subsection (b)(2) of such section 1491.
(b) Elements.--The briefing under subsection (a) shall include a
detailed description of the authorities and requirements for the
implementation of the plan, including administrative, logistical,
coordination, and funding authorities and requirements.
SEC. 597. STUDY ON FINANCIAL IMPACTS OF THE CORONAVIRUS DISEASE
2019 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 Coronavirus
Disease 2019 (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) identify 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 may--
(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 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 report
on the study under subsection (a).
(e) Financial Hardship Defined.--In this section, 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.
SEC. 598. LIMITATION ON IMPLEMENTATION OF ARMY COMBAT FITNESS TEST.
The Secretary of the Army may not implement the Army Combat Fitness
Test until the Secretary receives results of a study, conducted for
purposes of this section by an entity independent of the Department of
Defense, on the following:
(1) The extent, if any, to which the test would adversely
impact members of the Army stationed or deployed to climates or
areas with conditions that make prohibitive the conduct of outdoor
physical training on a frequent or sustained basis.
(2) The extent, if any, to which the test would affect
recruitment and retention in critical support military occupational
specialties of the Army, such as medical personnel.
SEC. 599. SEMIANNUAL REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS
OF THE COMPREHENSIVE REVIEW OF SPECIAL OPERATIONS FORCES CULTURE
AND ETHICS.
(a) Semiannual Reports Required.--Not later than March 1, 2021, and
every 180 days thereafter through March 1, 2024, the Assistant
Secretary of Defense for Special Operations and Low Intensity Conflict
shall, in coordination with the Commander of the United States Special
Operations Command, submit to the congressional defense committees a
report on the current status of the implementation of the actions
recommended as a result of the Comprehensive Review of Special
Operations Forces Culture and Ethics.
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) A list of the actions required as of the date of such
report to complete full implementation of each of the 16 actions
recommended by the Comprehensive Review referred to in subsection
(a).
(2) An identification of the office responsible for completing
each action listed pursuant to paragraph (1), and an estimated
timeline for completion of such action.
(3) If completion of any action listed pursuant to paragraph
(1) requires resources or actions for which authorization by
statute is required, a recommendation for legislative action for
such authorization.
(4) Any other matters the Assistant Secretary or the Commander
considers appropriate.
SEC. 599A. REPORT ON IMPACT OF CHILDREN OF CERTAIN FILIPINO WORLD WAR
II VETERANS ON NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMIC AND
HUMANITARIAN INTERESTS OF THE UNITED STATES.
(a) In General.--Not later than December 31, 2020, the Secretary of
Homeland Security, in consultation with the Secretary of Defense and
the Secretary of State, shall submit to the congressional defense
committees a report on the impact of the children of certain Filipino
World War II veterans on the national security, foreign policy, and
economic and humanitarian interests of the United States.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The number of Filipino World War II veterans who fought
under the United States flag during World War II to protect and
defend the United States in the Pacific theater.
(2) The number of Filipino World War II veterans who died
fighting under the United States flag during World War II to
protect and defend the United States in the Pacific theater.
(3) An assessment of the economic and tax contributions that
Filipino World War II veterans and their families have made to the
United States.
(4) An assessment of the impact on the United States of
exempting from the numerical limitations on immigrant visas the
children of the Filipino World War II veterans who were naturalized
under--
(A) section 405 of the Immigration Act of 1990 (Public Law
101-649; 8 U.S.C. 1440 note); or
(B) title III of the Nationality Act of 1940 (54 Stat.
1137; chapter 876), as added by section 1001 of the Second War
Powers Act, 1942 (56 Stat. 182; chapter 199).
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay.
Sec. 602. Compensation and credit for retired pay purposes for maternity
leave taken by members of the reserve components.
Sec. 603. Provision of information regarding SCRA to members who receive
basic allowance for housing.
Sec. 604. Reorganization of certain allowances other than travel and
transportation allowances.
Sec. 605. Expansion of travel and transportation allowances to include
fares and tolls.
Sec. 606. One-time uniform allowance for officers who transfer to the
Space Force.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Increase in special and incentive pays for officers in health
professions.
Sec. 613. Increase in certain hazardous duty incentive pay for members
of the uniformed services.
Sec. 614. Payment of hazardous duty incentive pay for members of the
uniformed services.
Sec. 615. Clarification of 30 days of continuous duty on board a ship
required for family separation allowance for members of the
uniformed services.
Subtitle C--Disability Pay, Retired Pay, and Family and Survivor
Benefits
Sec. 621. Modernization and clarification of payment of certain Reserves
while on duty.
Sec. 622. Restatement and clarification of authority to reimburse
members for spouse relicensing costs pursuant to a permanent
change of station.
Sec. 623. Expansion of death gratuity for ROTC graduates.
Sec. 624. Expansion of assistance for Gold Star spouses and other
dependents.
Sec. 625. Gold Star Families Parks Pass.
Sec. 626. Recalculation of financial assistance for providers of child
care services and youth program services for dependents.
Sec. 627. Priority for certain military family housing to a member of
the Armed Forces whose spouse agrees to provide family home
day care services.
Sec. 628. Study on feasibility and advisability of TSP contributions by
military spouses.
Sec. 629. Report on implications of 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. 629A. Report on extension of commissary and exchange benefits for
surviving remarried spouses with dependent children of members
of the Armed Forces who die 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 Rights and Benefits
Sec. 641. Approval of certain activities by retired and reserve members
of the uniformed services.
Sec. 642. Permanent authority for and enhancement of the Government
lodging program.
Sec. 643. Operation of Stars and Stripes.
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. 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 six 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, as amended by
section 516 of this Act, is further amended--
(A) by inserting after subparagraph (F) the following new
subparagraph:
``(G) Points at the rate of 12 per period during which the
member is on maternity leave.''; and
(B) in the matter following subparagraph (G), as inserted
by subparagraph (A), by striking ``and (F)'' and inserting
``(F), and (G)''.
(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.
SEC. 603. PROVISION OF INFORMATION REGARDING SCRA TO MEMBERS WHO
RECEIVE 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 concerned 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.)--
``(1) when such member first receives such basic allowance for
housing; and
``(2) each time such member receives a permanent change of
station.''.
SEC. 604. 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. 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. ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO TRANSFER TO
THE SPACE FORCE.
(a) In General.--The Secretary of the Air Force may provide an
officer 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 of the Space Force
for such fiscal year.
(d) Applicability.--The authority for an allowance under this
section shall apply with respect to any officer described in subsection
(a) who transfers to the Space Force--
(1) during the period beginning on December 20, 2019, and
ending on September 30, 2022; and
(2) on or after the date the Secretary of the Air Force
prescribes the official uniform for the Space Force.
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 SPECIAL AND INCENTIVE PAYS FOR OFFICERS IN
HEALTH PROFESSIONS.
(a) Accession Bonus Generally.--Subparagraph (A) of section
335(e)(1) of title 37, United States Code, is amended by striking
``$30,000'' and inserting ``$100,000''.
(b) Accession Bonus for Critically Short Wartime Specialties.--
Subparagraph (B) of such section is amended by striking ``$100,000''
and inserting ``$200,000''.
(c) Retention Bonus.--Subparagraph (C) of such section is amended
by striking ``$75,000'' and inserting ``$150,000''.
(d) Incentive Pay.--Subparagraph (D) of such section is amended--
(1) in clause (i), by striking ``$100,000'' and inserting
``$200,000''; and
(2) in clause (ii), by striking ``$15,000'' and inserting
``$50,000''.
(e) Board Certification Pay.--Subparagraph (E) of such section is
amended by striking ``$6,000'' and inserting ``$15,000''.
(f) Effective Date.--The amendments made by this section shall
apply with respect to special bonus and incentive pays payable under
section 335 of title 37, United States Code, pursuant to agreements
entered into under that section on or after the date of the enactment
of this Act.
SEC. 613. 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. 614. PAYMENT OF HAZARDOUS DUTY INCENTIVE PAY FOR MEMBERS OF
THE UNIFORMED SERVICES.
Section 351 of title 37, United States Code, is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A)(i), by striking ``shall'' and
inserting ``may'';
(B) in subparagraph (B)--
(i) by striking ``paragraph (2) or (3)'' and inserting
``paragraph (2)'';
(ii) by striking ``the Secretary concerned may
prorate'' and all that follows and inserting ``the
Secretary concerned--''; and
(C) by adding at the end the following:
``(i) may prorate the payment amount to reflect the
duration of the member's actual qualifying service during
the month; and
``(ii) in the case of member who performs hazardous
duty specifically designated by the Secretary concerned,
shall pay the member hazardous duty pay in an amount not to
exceed the maximum amount of hazardous duty pay that would
be payable to the member under subsection (b)(2) for the
entire month, regardless of the duration of the qualifying
service.
``(C) In the case of hazardous duty pay payable under
paragraph (3) of subsection (a), the Secretary concerned may
prorate the payment amount to reflect the duration of the
member's actual qualifying service during the month.''; and
(2) in subsection (h), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
SEC. 615. 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''.
Subtitle C--Disability Pay, Retired Pay, and Family and Survivor
Benefits
SEC. 621. MODERNIZATION AND CLARIFICATION OF PAYMENT OF CERTAIN
RESERVES WHILE ON DUTY.
(a) Change in Priority of Payments for Retired or Retainer Pay.--
Subsection (a) of section 12316 of title 10, United States Code, is
amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``subsection (b)'' and inserting
``subsection (c)''; and
(B) by striking ``his earlier military service'' and
inserting ``the Reserve's earlier military service'';
(C) by striking ``a pension, retired or retainer pay, or
disability compensation'' and inserting ``retired or retainer
pay''; and
(D) by striking ``he is entitled'' and inserting ``the
Reserve is entitled''; and
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) the pay and allowances authorized by law for the duty
that the Reserve is performing; or
``(2) if the Reserve specifically waives those payments, the
retired or retainer pay to which the Reserve is entitled because of
the Reserve's earlier military service.''.
(b) Payments for Pension or Disability Compensation.--Such section
is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Except as provided by subsection (c), a Reserve of the Army,
Navy, Air Force, Marine Corps, or Coast Guard who because of the
Reserve's earlier military service is entitled to a pension or
disability compensation, and who performs duty for which the Reserve is
entitled to compensation, may elect to receive for that duty either--
``(1) the pension or disability compensation to which the
Reserve is entitled because of the Reserve's earlier military
service; or
``(2) if the Reserve specifically waives those payments, the
pay and allowances authorized by law for the duty that the Reserve
is performing.''.
(c) Additional Conforming and Modernizing Amendments.--Subsection
(c) of such section, as redesignated by subsection (b)(1) of this
section, is amended--
(1) by striking ``(a)(2)'' both places it appears and inserting
``(a)(1) or (b)(2), as applicable,'';
(2) by striking ``his earlier military service'' the first
place it appears and inserting ``a Reserve's earlier military
service'';
(3) by striking ``his earlier military service'' each other
place it appears and inserting ``the Reserve's earlier military
service'';
(4) by striking ``he is entitled'' and inserting ``the Reserve
is entitled''; and
(5) by striking ``the member or his dependents'' and inserting
``the Reserve or the Reserve's dependents''.
(d) Procedures.--Such section is further amended by adding at the
end the following new subsection:
``(d) The Secretary of Defense shall prescribe regulations under
which a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast
Guard may waive the pay and allowances authorized by law for the duty
the Reserve is performing under subsection (a)(2) or (b)(2).''.
(e) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of the enactment of this Act.
SEC. 622. RESTATEMENT AND CLARIFICATION OF AUTHORITY TO REIMBURSE
MEMBERS FOR SPOUSE RELICENSING COSTS PURSUANT TO A PERMANENT
CHANGE OF STATION.
(a) In General.--Section 453 of title 37, United States Code, is
amended by adding at the end the following new subsection:
``(g) Reimbursement of Qualifying Spouse Relicensing Costs Incident
to a Member's Permanent Change of Station or Assignment.--(1) From
amounts otherwise made available for a fiscal year to provide travel
and transportation allowances under this chapter, the Secretary
concerned may reimburse a member of the uniformed services for
qualified relicensing costs of the spouse of the member when--
``(A) the member is reassigned, either as a permanent change of
station or permanent change of assignment, between duty stations
located in separate jurisdictions with unique licensing or
certification requirements and authorities; and
``(B) the movement of the member's dependents is authorized at
the expense of the United States under this section as part of the
reassignment.
``(2) Reimbursement provided to a member under this subsection may
not exceed $1000 in connection with each reassignment described in
paragraph (1).
``(3) No reimbursement may be provided under this subsection for
qualified relicensing costs paid or incurred after December 31, 2024.
``(4) In this subsection, the term `qualified relicensing costs'
means costs, including exam, continuing education courses, and
registration fees, incurred by the spouse of a member if--
``(A) the spouse was licensed or certified in a profession
during the member's previous duty assignment and requires a new
license or certification to engage in that profession in a new
jurisdiction because of movement described in paragraph (1)(B) in
connection with the member's change in duty location pursuant to
reassignment described in paragraph (1)(A); and
``(B) the costs were incurred or paid to secure or maintain the
license or certification from the new jurisdiction in connection
with such reassignment.''.
(b) Repeal of Superseded Authority.--Section 476 of such title is
amended by striking subsection (p).
SEC. 623. 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. 624. 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. 625. GOLD STAR FAMILIES PARKS PASS.
(a) In General.--Section 805(b) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6804(b)) is amended by adding at the end the
following:
``(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 who meet the
eligibility requirements of section 3.2 of Department of Defense
Instruction 1348.36 (or a successor instruction).''.
(b) Technical and Conforming Amendments.--Section 805 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6804) is amended--
(1) in subsection (a)(7), in the first sentence, by striking
``age and disability''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), in the second sentence, in the
matter preceding clause (i), by striking ``this subsection''
and inserting ``this paragraph''; and
(B) in paragraph (2), in the second sentence, by striking
``this subsection'' and inserting ``this paragraph''.
SEC. 626. 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 and implement
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.
(7) The sufficiency of the stipend furnished by the Secretary
to members of the Armed Forces for civilian child care.
(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. 627. 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
one year; and
(D) agrees in writing to provide family home day care
services in covered military family housing for a period not
shorter than one year.
SEC. 628. STUDY ON FEASIBILITY AND ADVISABILITY OF TSP
CONTRIBUTIONS BY MILITARY SPOUSES.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the feasibility and advisability of 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).
(c) Reporting.--
(1) Initial report.--Not later than February 1, 2021, the
Secretary of Defense shall submit to the Committee on Homeland
Security & Governmental Affairs of the Senate, the Committee on
Oversight and Reform of the House of Representatives, and 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--
(A) the report under paragraph (1);
(B) the analysis, recommendations, and comments under
paragraph (2); and
(C) the recommendations of the Secretary regarding elements
described in subsection (b).
SEC. 629. REPORT ON IMPLICATIONS OF 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.
(a) Report Required.--Not later than one 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 implications of expansion of
the authority under section 1798 of title 10, United States Code, 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, without regard to whether
such deaths occurred in combat-related incidents.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An analysis of data during the five years preceding the
date of the report that regarding the number of--
(A) members of the Armed Forces who died in the line of
duty; and
(B) dependents of such members who would be eligible for
services described in subsection (a).
(2) The estimated cost of the expansion described in subsection
(a).
(3) An assessment of how such expansion would affect the
availability of such services for children of members of the Armed
Forces on active duty, particularly in areas where demand for such
services by such members is greatest.
(4) An assessment of existing programs of the Department of
Defense that provide financial assistance described in subsection
(a).
(5) Recommendations for legislative or administrative action to
expand the provision of services described in subsection (a).
SEC. 629A. REPORT ON EXTENSION OF COMMISSARY AND EXCHANGE BENEFITS FOR
SURVIVING REMARRIED SPOUSES WITH DEPENDENT CHILDREN OF MEMBERS OF THE
ARMED FORCES WHO DIE WHILE ON ACTIVE DUTY OR CERTAIN RESERVE DUTY.
(a) Report Required.--The Secretary of Defense, in consultation
with the Secretary of Homeland Security, shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on procedures of the Department of Defense by which an eligible
remarried spouse may obtain access, as appropriate, to a military
installation in order to use a commissary store or MWR retail facility.
(b) Elements.-- The report under this section shall include the
following:
(1) Procedures by which an eligible remarried spouse may obtain
a personal agent designation.
(2) Administrative requirements for an eligible remarried
spouse to obtain access described in subsection (a).
(3) An assessment of the consistency of procedures described in
subsection (a) across--
(A) the Armed Forces; and
(B) installations of the Department of Defense.
(4) Security considerations arising from granting access
described in subsection (a).
(5) Other matters the Secretary of Defense determines
appropriate.
(c) Deadline.--The Secretary shall submit the report under this
section not later than March 1, 2021.
(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.
(3) The term ``MWR retail facility'' has the meaning given that
term in section 1063 of title 10, United States Code.
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 may 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 may 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 Rights and Benefits
SEC. 641. APPROVAL OF CERTAIN ACTIVITIES BY RETIRED AND RESERVE
MEMBERS OF THE UNIFORMED SERVICES.
(a) Clarification of Activities for Which Approval Required.--
Section 908 of title 37, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''; and
(ii) by inserting ``, accepting payment for speeches,
travel, meals, lodging, or registration fees, or accepting
a non-cash award,'' after ``that employment)''; and
(B) in paragraph (2), by striking ``armed forces'' and
inserting ``armed forces, except members serving on active duty
under a call or order to active duty for a period in excess of
30 days'';
(2) in the heading of subsection (b), by inserting ``for
Employment and Compensation'' after ``Approval Required'';
(3) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(4) by inserting after subsection (b) the following new
subsection (c):
``(c) Approval Required for Certain Payments and Awards.--A person
described in subsection (a) may accept payment for speeches, travel,
meals, lodging, or registration fees described in that subsection, or
accept a non-cash award described in that subsection, only if the
Secretary concerned approves the payment or award.''.
(b) Annual Reports on Approvals.--Subsection (d) of such section,
as redesignated by subsection (a)(3) of this section, is amended--
(1) by inserting ``(1)'' before ``Not later than'';
(2) in paragraph (1), as designated by paragraph (1) of this
subsection, by inserting ``, and each approval under subsection (c)
for a payment or award described in subsection (a),'' after ``in
subsection (a)''; and
(3) by adding at the end the following new paragraph:
``(2) The report under paragraph (1) on an approval described in
that paragraph with respect to an officer shall set forth the
following:
``(A) The foreign government providing the employment or
compensation or payment or award.
``(B) The duties, if any, to be performed in connection with
the employment or compensation or payment or award.
``(C) The total amount of compensation, if any, or payment to
be provided.''.
(c) Conforming Amendments.--
(1) Section heading.--The heading of such section is amended to
read as follows:
``Sec. 908. Reserves and retired members: acceptance of employment,
payments, and awards from foreign governments''.
(2) 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 908 and inserting the following new item:
``908. Reserves and retired members: acceptance of employment, payments,
and awards from foreign governments.''.
SEC. 642. PERMANENT AUTHORITY FOR AND ENHANCEMENT OF THE GOVERNMENT
LODGING PROGRAM.
(a) Permanent Authority.--Section 914 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 (5 U.S.C. 5911 note) is amended--
(1) in subsection (a), by striking ``, for the period of time
described in subsection (b),''; and
(2) by striking subsection (b).
(b) Temporary Exclusion of Certain Shipyard Employees.--Such
section is further amended by inserting after subsection (a) the
following new subsection (b):
``(b) Temporary Exclusion of Certain Shipyard Employees.--
``(1) In general.--In carrying out a Government lodging program
under subsection (a), the Secretary shall exclude from the
requirements of the program employees who are traveling for the
performance of mission functions of a public shipyard of the
Department if the Secretary determines such requirements would
adversely affect the purpose or mission of such travel.
``(2) Termination.--This subsection shall terminate on
September 30, 2023.''.
(c) Conforming Amendment.--The heading of such section is amended
to read as follows:
``SEC. 914. GOVERNMENT LODGING PROGRAM.''.
SEC. 643. OPERATION OF STARS AND STRIPES.
(a) Operation.--Subject to appropriations, the Secretary of Defense
may not cease operation and maintenance of Stars and Stripes until 180
days after the date on which the Secretary submits to the Committees on
Armed Service of the Senate and the House of Representatives notice of
the proposed cessation of such operation and maintenance.
(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 fund 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.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvement to breast cancer screening.
Sec. 702. Waiver of fees charged to certain civilians for emergency
medical treatment provided at military medical treatment
facilities.
Sec. 703. Authority for Secretary of Defense to manage provider type
referral and supervision requirements under TRICARE program.
Sec. 704. Expansion of benefits available under TRICARE Extended Care
Health Option program.
Sec. 705. Sale of hearing aids for dependents of certain members of the
reserve components.
Sec. 706. Pilot program on receipt of non-generic prescription
maintenance medications under TRICARE pharmacy benefits
program.
Subtitle B--Health Care Administration
Sec. 711. Repeal of administration of TRICARE dental plans through
Federal Employees Dental and Vision Insurance Program.
Sec. 712. Protection of the Armed Forces from infectious diseases.
Sec. 713. Inclusion of drugs, biological products, and critical medical
supplies in national security strategy for national technology
and industrial base.
Sec. 714. Contract authority of the Uniformed Services University of the
Health Sciences.
Sec. 715. Membership of Board of Regents of Uniformed Services
University of the Health Sciences.
Sec. 716. Temporary exemption for Uniformed Services University of the
Health Sciences from certain Paperwork Reduction Act
requirements.
Sec. 717. Modification to limitation on the realignment or reduction of
military medical manning end strength.
Sec. 718. Modifications to implementation plan for restructure or
realignment of military medical treatment facilities.
Sec. 719. Policy to address prescription opioid safety.
Sec. 720. Addition of burn pit registration and other information to
electronic health records of members of the Armed Forces.
Sec. 721. Inclusion of information on exposure to open burn pits in
postdeployment health reassessments.
Subtitle C--Matters Relating to COVID-19
Sec. 731. COVID-19 military health system review panel.
Sec. 732. Department of Defense pandemic preparedness.
Sec. 733. Transitional health benefits for certain members of the
National Guard serving under orders in response to the
coronavirus (COVID-19).
Sec. 734. Registry of certain TRICARE beneficiaries diagnosed with
COVID-19.
Sec. 735. Health assessments of veterans diagnosed with pandemic
diseases to determine exposure to open burn pits and toxic
airborne chemicals.
Sec. 736. Comptroller General study on delivery of mental health
services to members of the Armed Forces during the COVID-19
pandemic.
Subtitle D--Reports and Other Matters
Sec. 741. Modifications to pilot program on civilian and military
partnerships to enhance interoperability and medical surge
capability and capacity of National Disaster Medical System.
Sec. 742. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the Department
of Defense.
Sec. 743. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 744. Military Health System Clinical Quality Management Program.
Sec. 745. Wounded Warrior Service Dog Program.
Sec. 746. Extramedical maternal health providers demonstration project.
Sec. 747. Briefing on diet and nutrition of members of the Armed Forces.
Sec. 748. Audit of medical conditions of residents in privatized
military housing.
Sec. 749. Assessment of receipt by civilians of emergency medical
treatment at military medical treatment facilities.
Sec. 750. Study on the incidence of cancer diagnosis and mortality among
military aviators and aviation support personnel.
Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air
Base, Uzbekistan.
Sec. 752. Review and report on prevention of suicide among members of
the Armed Forces stationed at remote installations outside the
contiguous United States.
Sec. 753. Study on medevac helicopters and ambulances at certain
military installations.
Sec. 754. Comptroller General study on prenatal and postpartum mental
health conditions among members of the Armed Forces and their
dependents.
Sec. 755. Report on lapses in TRICARE coverage for members of the
National Guard and reserve components.
Sec. 756. Study and report on increasing telehealth services across
Armed Forces.
Sec. 757. Study on force mix options and service models to enhance
readiness of medical force of the Armed Forces.
Sec. 758. Report on billing practices for health care from Department of
Defense.
Subtitle E--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components
Sec. 761. Short title.
Sec. 762. 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. 763. Provision of mental health services from Department of
Veterans Affairs to members of reserve components of the Armed
Forces.
Sec. 764. Inclusion of members of reserve components in mental health
programs of Department of Veterans Affairs.
Sec. 765. Report on mental health and related services provided by
Department of Veterans Affairs to members of the Armed Forces.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. 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. 702. 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.--The Secretary may waive a fee that would
otherwise be charged under the procedures implemented under subsection
(a) to a civilian who is not a covered beneficiary if--
``(1) the civilian is unable to pay for the costs of the trauma
or other medical care provided to the civilian (including any such
costs remaining after the Secretary receives payment from an
insurer for such care, as applicable); and
``(2) the provision of such care enhances the knowledge,
skills, and abilities of health care providers, as determined by
the Secretary.''.
SEC. 703. AUTHORITY FOR SECRETARY OF DEFENSE TO MANAGE PROVIDER
TYPE REFERRAL AND SUPERVISION REQUIREMENTS UNDER TRICARE PROGRAM.
Section 1079(a)(12) of title 10, United States Code, is amended, in
the first sentence, by striking ``or certified clinical social
worker,'' and inserting ``certified clinical social worker, or other
class of provider as designated by the Secretary of Defense,''.
SEC. 704. 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 (42 U.S.C.
1395x)).
``(C) Rehabilitation services and devices.
``(D) In accordance with paragraph (2), respite care for the
primary caregiver of the eligible dependent.
``(E) In accordance with paragraph (3), service and
modification of durable equipment and assistive technology devices.
``(F) Special education.
``(G) 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.
``(H) Such other services and supplies as determined
appropriate by the Secretary, notwithstanding the limitations in
subsection (a)(12).
``(2) Respite care under paragraph (1)(D) 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
32 hours per month for a primary caregiver.
``(B) Unused hours of such 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)(E) 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.''.
(b) Conforming Amendment.--Subsection (f) of section 1079 of title
10, United States Code, is amended by striking ``paragraph (3) or (4)
of subsection (e)'' each place it appears and inserting ``subparagraph
(C), (E), (F), or (G) 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 this 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.--
(1) Submission.--Not later than April 1, 2022, the Comptroller
General of the United States shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a
report on caregiving available to eligible dependents under
programs such as home- and community-based services provided under
State Medicaid plans pursuant to waivers under section 1915 of the
Social Security Act (42 U.S.C. 1396n) or the Program of
Comprehensive Assistance for Family Caregivers of the Department of
Veterans Affairs established under section 1720G of title 38,
United States Code.
(2) Matters.--The report under paragraph (1) shall include--
(A) an analysis of best practices for the administration of
programs to support caregivers of individuals with intellectual
or physical disabilities, based on input from payers,
administrators, individuals receiving care from such
caregivers, and advocates;
(B) a comparison of the provision of respite and related
care under the Extended Care Health Option program under
section 1079(d) of title 10, United States Code, and similar
care provided under programs specified in paragraph (1), to
identify best practices from such program and, if necessary,
make recommendations for improvement; and
(C) an analysis of the reasons eligible dependents do not
qualify for State programs under which caregiving is available,
such as home- and community-based services provided under State
Medicaid plans as specified in paragraph (1), with respect to
the State in which the eligible dependent is located.
(3) Eligible dependent defined.--In this subsection, ``eligible
dependent'' has the meaning given such term in section 1079(d) of
title 10, United States Code.
SEC. 705. SALE 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 selling hearing aids at cost to the United
States under paragraph (1), 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 eligible for care under
this section.''.
SEC. 706. PILOT PROGRAM ON RECEIPT OF NON-GENERIC PRESCRIPTION
MAINTENANCE MEDICATIONS UNDER TRICARE PHARMACY BENEFITS PROGRAM.
(a) Pilot Program.--
(1) Authority.--Subject to paragraph (2), the Secretary of
Defense may carry out a pilot program under which eligible covered
beneficiaries may elect to receive non-generic prescription
maintenance medications selected by the Secretary under subsection
(c) through military medical treatment facility pharmacies, retail
pharmacies, or the national mail-order pharmacy program,
notwithstanding section 1074g(a)(9) of title 10, United States
Code.
(2) Requirement.--The Secretary may carry out the pilot program
under paragraph (1) only if the Secretary determines that the total
costs to the Department of Defense for eligible covered
beneficiaries to receive non-generic prescription maintenance
medications under the pilot program will not exceed the total costs
to the Department for such beneficiaries to receive such
medications under the national mail-order pharmacy program pursuant
to section 1074g(a)(9) of title 10, United States Code. In making
such determination, the Secretary shall consider all manufacturer
discounts, refunds and rebates, pharmacy transaction fees, and all
other costs.
(b) Duration.--If the Secretary carries out the pilot program under
subsection (a)(1), the Secretary shall carry out the pilot program for
a three-year period beginning not later than March 1, 2021.
(c) Selection of Medication.--If the Secretary carries out the
pilot program under subsection (a)(1), the Secretary shall select non-
generic prescription maintenance medications described in section
1074g(a)(9)(C)(ii) of title 10, United States Code, to be covered by
the pilot program.
(d) Notification.--If the Secretary carries out the pilot program
under subsection (a)(1), in providing each eligible covered beneficiary
with an explanation of benefits, the Secretary shall notify the
beneficiary of whether the medication that the beneficiary is
prescribed is covered by the pilot program.
(e) Briefing and Reports.--
(1) Briefing.--If the Secretary determines to carry out the
pilot program under subsection (a)(1), not later than 90 days after
the date of the enactment of this Act, the Secretary shall provide
to the Committees on Armed Services of the House of Representatives
and the Senate a briefing on the implementation of the pilot
program.
(2) Interim report.--If the Secretary carries out the pilot
program under subsection (a)(1), not later than 18 months after the
commencement of the pilot program, the Secretary shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a report on the pilot program.
(3) Comptroller general report.--
(A) In general.--If the Secretary carries out the pilot
program under subsection (a)(1), not later than March 1, 2024,
the Comptroller General of the United States shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report on the pilot program.
(B) Elements.--The report under subparagraph (A) shall
include the following:
(i) The number of eligible covered beneficiaries who
participated in the pilot program and an assessment of the
satisfaction of such beneficiaries with the pilot program.
(ii) The rate by which eligible covered beneficiaries
elected to receive non-generic prescription maintenance
medications at a retail pharmacy pursuant to the pilot
program, and how such rate affected military medical
treatment facility pharmacies and the national mail-order
pharmacy program.
(iii) The amount of cost savings realized by the pilot
program, including with respect to--
(I) dispensing fees incurred at retail pharmacies
compared to the national mail-order pharmacy program
for brand name prescription drugs;
(II) administrative fees;
(III) any costs paid by the United States for the
drugs in addition to the procurement costs;
(IV) the use of military medical treatment
facilities; and
(V) copayments paid by eligible covered
beneficiaries.
(iv) A comparison of supplemental rebates between
retail pharmacies and other points of sale.
(f) Rule of Construction.--Nothing in this section may be construed
to affect--
(1) the ability of the Secretary to carry out section
1074g(a)(9)(C) of title 10, United States Code, after the date on
which the pilot program is completed; or
(2) the prices established for medications under section 8126
of title 38, United States Code.
(g) Definitions.--In this section:
(1) The term ``eligible covered beneficiary'' has the meaning
given that term in section 1074g(i) of title 10, United States
Code.
(2) The terms ``military medical treatment facility
pharmacies'', ``retail pharmacies'', and ``the national mail-order
pharmacy program'' mean the methods for receiving prescription
drugs as described in clauses (i), (ii), and (iii), respectively,
of section 1074g(a)(2)(E) of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. 711. REPEAL OF ADMINISTRATION OF TRICARE DENTAL PLANS THROUGH
FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM.
(a) Title 5.--Section 8951(8) of title 5, United States Code, is
amended by striking ``1076a or''.
(b) Title 10.--Section 1076a(b) of title 10, United States Code, is
amended to read as follow:
``(b) Administration of Plans.--The plans established under this
section shall be administered under regulations prescribed by the
Secretary of Defense in consultation with the other administering
Secretaries.''.
(c) Conforming Repeal.--Section 713 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1811) is repealed.
(d) Technical Amendment.--Section 1076a(a)(1) of title 10, United
States Code, is amended by striking the second sentence.
SEC. 712. 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 develop and
implement a plan to 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, as appropriate for the
mission of the facility.
``(2) Each deployed naval vessel has access to 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) a 30-day supply of personal protective equipment in a
quantity sufficient for each member of the armed forces,
including the reserve components thereof; and
``(B) the capability to rapidly resupply such equipment.
``(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,
diagnostics, and therapeutics 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 and development of vaccines, diagnostics, and
therapeutics 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. 713. 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 required to
enable combat readiness and protect the health of the armed
forces.''.
(b) Assessment.--
(1) In general.--The Secretary of Defense shall include with
the report required to be submitted in 2022 under section 2504 of
title 10, United States Code, an appendix containing an assessment
of gaps or vulnerabilities in the national technology and
industrial base (as defined by section 2500(1) of such title) with
respect to drugs, biological products, vaccines, and critical
medical supplies described in section 2501(a)(11) of such title, as
amended by subsection (a) of this section. In carrying out such
assessment, the Secretary shall consult 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.
(2) Matters included.--The assessment 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 (including with respect to any challenges
or issues with the joint deployment formulary), 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 nonexistent, extinct, threatened, and single-
point-of-failure capabilities;
(iii) supply chains with single points of failure and
limited resiliency; and
(iv) economic factors, including global competition,
that threaten the viability of domestic manufacturers; 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,
countermeasure 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) Submission.--In addition to including the assessment under
paragraph (1) as an appendix to the report required to be submitted
in 2022 under section 2504 of title 10, United States Code, the
Secretary of Defense shall submit such appendix separately to the
appropriate congressional committees.
(4) Form.--The assessment under paragraph (1) shall be
submitted in classified form.
(5) Definitions.--In this subsection:
(A) The term ``appropriate congressional committees'' means
the following:
(i) The Committee on Appropriations, the Committee on
Energy and Commerce, and the Committee on Homeland Security
of the House of Representatives.
(ii) The Committee on Appropriations, 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 supplies'' includes
personal protective equipment, diagnostic tests, testing
supplies, and lifesaving breathing apparatuses required to
treat severe respiratory illnesses and distress.
SEC. 714. CONTRACT AUTHORITY OF THE UNIFORMED SERVICES UNIVERSITY
OF THE HEALTH SCIENCES.
(a) Contract Authority.--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 sections 2304, 2361, and 2374 of this
title, to enter into contracts and cooperative agreements with,
accept grants from, and make grants to, nonprofit entities (on
a sole-source basis) for the purpose specified in subparagraph
(A) or for any other purpose the Secretary determines to be
consistent with the mission of the University.''.
(b) Rule of Construction.--Nothing in section 2113(g) of title 10,
United States Code, as amended by subsection (a), shall be construed to
limit the ability of the Secretary of Defense, in carrying out such
section, to use competitive procedures to award contracts, cooperative
agreements, or grants.
SEC. 715. MEMBERSHIP OF BOARD OF REGENTS OF UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.
(a) In General.--Section 2113a(b) of title 10, United States Code,
is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) the Director of the Defense Health Agency, who shall be
an ex officio member;''.
(b) Rule of Construction.--The amendments made by this section may
not be construed to invalidate any action taken by the Uniformed
Services University of the Health Sciences or its Board of Regents
prior to the effective date of this section.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2021.
SEC. 716. TEMPORARY EXEMPTION FOR UNIFORMED SERVICES UNIVERSITY OF
THE HEALTH SCIENCES FROM CERTAIN PAPERWORK REDUCTION ACT
REQUIREMENTS.
(a) Temporary Exemption From Certain Paperwork Reduction Act
Requirements.--
(1) In general.--During the two-year period beginning on the
date that is 30 days after the date of the enactment of this Act,
the requirements described in paragraph (2) shall not apply with
respect to the voluntary collection of information during the
conduct of research and program evaluations--
(A) conducted or sponsored by the Uniformed Services
University of the Health Sciences; and
(B) funded through the Defense Health Program.
(2) Requirements described.--The requirements described in this
paragraph are the requirements under the following provisions of
law:
(A) Section 3506(c) of title 44, United States Code.
(B) Sections 3507 and 3508 of such title.
(b) Reports.--
(1) Interim report.--Not later than one 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
preliminary findings with respect to--
(A) the estimated time saved by the Uniformed Services
University of the Health Sciences (if applicable) by reason of
the exemption under paragraph (1) of subsection (a) to
requirements described in paragraph (2) of such subsection;
(B) the research within the scope of such exemption that
has been initiated, is ongoing, or has been completed during
the period in which the exemption is in effect;
(C) the estimated cost savings by the University that can
be attributed to such exemption; and
(D) the additional burdens upon the research subjects of
the University that are attributable to such exemption.
(2) Updated report.--Not later than two years after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing--
(A) updated information with respect to the matters under
paragraph (1); and
(B) any recommendations with respect to policy or
legislative actions regarding the exemption under paragraph (1)
of subsection (a) to requirements described in paragraph (2) of
such subsection.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 717. 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 180 days following the date of the enactment of the
William M. (Mac) Thornberry 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. 718. 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 each affected
military medical treatment facility, a description of--
``(i) the elements 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 will be
required to transition to such component of the TRICARE
program; and
``(iii) a process by which the Director of 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;
``(B) the Secretary has certified to the congressional
defense committees that, pursuant to subsection (b), if a
proposed restructure, realignment, or modification will
eliminate the ability of a covered beneficiary to access health
care services at a military medical treatment facility, the
covered beneficiary will be able to access such health care
services through the purchased care component of the TRICARE
program; and
``(C) a 180-day period has elapsed following the later of--
``(i) the date on which the congressional defense
committees have received both the implementation plan under
subparagraph (A) and the notice of certification under
subparagraph (B); or
``(ii) the date of the enactment of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021.''.
SEC. 719. POLICY TO ADDRESS PRESCRIPTION OPIOID SAFETY.
(a) Requirement.--The Secretary of Defense shall develop a policy
and tracking mechanism to monitor and provide oversight of opioid
prescribing to ensure that the provider practices of medication-
prescribing health professionals across the military health system
conform with--
(1) the clinical practice guidelines of the Department of
Defense and the Department of Veterans Affairs; and
(2) the 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) Providing oversight and accountability of opioid
prescribing practices that are outside of the recommended
parameters for dosage, supply, and duration as identified 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,
and the guideline published by the Department of Defense and
Department of Veterans Affairs titled ``DoD/VA Management of Opioid
Therapy (OT) for Chronic Pain Clinical Practice Guideline, 2017''
or such successor guideline.
(2) Implementing oversight and accountability responsibilities
for opioid prescribing safety as specified in paragraph (1).
(3) Implementing systems to ensure that the prescriptions in
the military health system data repository are appropriately
documented and that the processing date and the metric quantity
field for opioid prescriptions in liquid form are consistent within
the electronic health record system known as ``MHS GENESIS''.
(4) Implementing opioid prescribing controls within the
electronic health record system known as ``MHS GENESIS'' and
document if an overdose reversal drug was co-prescribed.
(5) Developing metrics that can be used by the Defense Health
Agency and each military medical treatment facility to actively
monitor and limit the overprescribing of opioids and to monitor the
co-prescribing of overdose reversal drugs as accessible
interventions.
(6) Developing a report that tracks progression toward reduced
levels of opioid use and includes an identification of prevention
best practices established by the Department.
(7) Developing and implementing a plan to improve communication
and value-based initiatives between pharmacists and medication-
prescribing health professionals across the military health system.
SEC. 720. ADDITION OF BURN PIT REGISTRATION AND OTHER INFORMATION
TO ELECTRONIC HEALTH RECORDS OF MEMBERS OF THE ARMED FORCES.
(a) Updates to Electronic Health Records.--Beginning not later than
one year after the date of the enactment of this Act, the Secretary of
Defense shall ensure that--
(1) the electronic health record maintained by the Secretary
for a member of the Armed Forces registered with the Airborne
Hazards and Open Burn Pit Registry is updated with any information
contained in such registry with respect to the member; and
(2) any occupational or environmental health exposure recorded
in the Defense Occupational and Environmental Health Readiness
System (or any successor system) is linked to the electronic health
record system of the Department of Defense to notify health
professionals treating a member specified in paragraph (1) of any
such exposure recorded for the member.
(b) Airborne Hazards and Open Burn Pit Registry Defined.--In this
section, 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).
SEC. 721. 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 explicit 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).
Subtitle C--Matters Relating to COVID-19
SEC. 731. 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) and such recommendations as the panel considers
appropriate under subsection (c)(1)(B).
(e) Termination.--The panel shall terminate on June 1, 2021.
SEC. 732. DEPARTMENT OF DEFENSE PANDEMIC PREPAREDNESS.
(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, a military department, or Defense Agency that
relates to a pandemic or severe influenza season or related
force health protection scenario;
(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.--In addition to the review under
section 731, 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.
SEC. 733. 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. 734. REGISTRY OF CERTAIN TRICARE BENEFICIARIES DIAGNOSED WITH
COVID-19.
(a) Establishment.--Not later than June 1, 2021, and subject to
subsection (b), the Secretary of Defense shall establish and maintain a
registry of covered TRICARE beneficiaries who have been diagnosed with
COVID-19.
(b) Right of Beneficiary to Opt Out.--A covered TRICARE beneficiary
may elect to opt out of inclusion in the registry under subsection (a).
(c) Contents.--The registry under subsection (a) shall include,
with respect to each covered 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.
(d) 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.
(e) Covered TRICARE Beneficiary Defined.--In this section, the term
``covered TRICARE beneficiary'' means an individual who is enrolled in
the direct care system under the TRICARE program and is treated for or
diagnosed with COVID-19 at a military medical treatment facility.
SEC. 735. HEALTH ASSESSMENTS OF VETERANS DIAGNOSED WITH PANDEMIC
DISEASES TO DETERMINE 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 Veterans
During a Pandemic and Inclusion of Information in Registry.--
(1) Health assessments and physical examinations.--The
Secretary of Veterans Affairs shall ensure that the first health
assessment or physical examination furnished to a veteran under the
laws administered by the Secretary after the veteran tests positive
for a pathogen, such as a virus, with respect to which a public
health emergency has been declared under section 319 of the Public
Health Service Act (42 U.S.C. 247d) includes an evaluation of
whether the veteran 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 a veteran establishes
that the veteran 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 veteran 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).
(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 pathogen, such as a
virus, with respect to which a public health emergency has been
declared under section 319 of the Public Health Service Act (42
U.S.C. 247d), 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 pathogen and whether individuals infected with the
pathogen 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.
(c) Definitions.--In this subsection:
(1) 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).
(2) 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).
(3) 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. 736. COMPTROLLER GENERAL STUDY ON DELIVERY OF MENTAL HEALTH
SERVICES TO MEMBERS OF THE ARMED FORCES DURING THE COVID-19
PANDEMIC.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the delivery of Federal, State, and private mental
health services to members of the Armed Forces during the COVID-19
pandemic.
(b) Elements.--The study conducted under subsection (a) shall--
(1) review any strategies used to combat existing stigma
surrounding mental health conditions that might deter members of
the Armed Forces from seeking care;
(2) review guidance to commanding officers at all levels on the
mental health ramifications of the COVID-19 crisis;
(3) assess the need for additional training and support for
mental health care professionals of the Department of Defense with
respect to supporting individuals who are concerned for the health
of themselves and their family members, or grieving the loss of
loved ones, because of COVID-19;
(4) assess the strategy of the Department of Defense to
leverage telemedicine to ensure safe access to mental health
services;
(5) identify all programs associated with services described in
such subsection;
(6) specify gaps or barriers to mental health care access that
could result in delayed or insufficient mental health care support
to members of the Armed Forces; and
(7) evaluate the mental health screening requirements for
members of the Armed Forces immediately before, during, and after--
(A) Federal deployment under title 10, United States Code;
or
(B) State deployment under title 32, United States Code.
(c) Report.--Not later than one 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 the House of
Representatives a report on the study conducted under subsection (a).
Subtitle D--Reports and Other Matters
SEC. 741. 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; 133 Stat. 1465) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Defense may'' and
inserting ``Beginning not later than September 30, 2021, the
Secretary of Defense shall'';
(B) by striking ``health care organizations, institutions,
and entities'' and inserting ``health care organizations,
health care institutions, health care entities, academic
medical centers of institutions of higher education, and
hospitals''; and
(C) by striking ``in the vicinity of major aeromedical and
other transport hubs and logistics centers of the Department of
Defense'';
(2) in subsection (b), by striking ``may'' and inserting
``shall'';
(3) by redesignating subsections (d) through (f) as subsections
(e) through (g), respectively;
(4) by striking subsection (c) and inserting the following new
subsections:
``(c) Lead Official for Design and Implementation of Pilot
Program.--
``(1) In general.--The Assistant Secretary of Defense for
Health Affairs shall be the lead official for the design and
implementation of the pilot program under subsection (a).
``(2) Resources.--The Assistant Secretary of Defense for Health
Affairs shall leverage the resources of the Defense Health Agency
for execution of the pilot program under subsection (a) and shall
coordinate with the Chairman of the Joint Chiefs of Staff for the
duration of the pilot program, including for the duration of any
period of design or planning for the pilot program.
``(d) Locations.--
``(1) In general.--The Secretary of Defense shall carry out the
pilot program under subsection (a) at not fewer than five locations
in the United States that are located at or near an organization,
institution, entity, center, or hospital specified in subsection
(a) with established expertise in disaster health preparedness and
response and trauma care that augment and enhance the effectiveness
of the pilot program.
``(2) Phased selection of locations.--
``(A) Initial selection.--Not later than March 31, 2021,
the Assistant Secretary of Defense for Health Affairs, in
consultation with the Secretary of Veterans Affairs, the
Secretary of Health and Human Services, the Secretary of
Homeland Security, and the Secretary of Transportation, shall
select not fewer than two locations at which to carry out the
pilot program.
``(B) Subsequent selection.--Not later than the end of the
one-year period following selection of the locations under
subparagraph (A), the Assistant Secretary of Defense for Health
Affairs, in consultation with the Secretaries specified in
subparagraph (A), shall select not fewer than two additional
locations at which to carry out the pilot program until not
fewer than five locations are selected in total under this
paragraph.
``(3) Consideration for locations.--In selecting locations for
the pilot program under subsection (a), the Secretary shall
consider--
``(A) the proximity of the location to civilian or military
transportation hubs, including airports, railways, interstate
highways, or ports;
``(B) the proximity of the location to an organization,
institution, entity, center, or hospital specified in
subsection (a) with the ability to accept a redistribution of
casualties during times of war;
``(C) the proximity of the location to an organization,
institution, entity, center, or hospital specified in
subsection (a) with the ability to provide trauma care training
opportunities for medical personnel of the Department of
Defense; and
``(D) the proximity of the location to existing academic
medical centers of institutions of higher education, facilities
of the Department, or other institutions that have established
expertise in the areas of--
``(i) highly infectious disease;
``(ii) biocontainment;
``(iii) quarantine;
``(iv) trauma care;
``(v) combat casualty care;
``(vi) the National Disaster Medical System under
section 2812 of the Public Health Service Act (42 U.S.C.
300hh-11);
``(vii) disaster health preparedness and response;
``(viii) medical and public health management of
biological, chemical, radiological, or nuclear hazards; or
``(ix) such other areas of expertise as the Secretary
considers appropriate.
``(4) Priority for locations.--In selecting locations for the
pilot program under subsection (a), the Secretary shall give
priority to locations that would facilitate public-private
partnerships with academic medical centers of institutions of
higher education, hospitals, and other entities with facilities
that have an established history of providing clinical care,
treatment, training, and research in the areas described in
paragraph (3)(D) or other specializations determined important by
the Secretary for purposes of the pilot program.'';
(5) by striking subsection (g), as redesignated by paragraph
(2), and inserting the following:
``(g) Reports.--
``(1) Initial report.--
``(A) In general.--Not later than 180 days after the
commencement of the pilot program under subsection (a), the
Secretary shall submit to the appropriate congressional
committees a report on the pilot program.
``(B) Elements.--The report under subparagraph (A) shall
include the following:
``(i) A description of the pilot program.
``(ii) The requirements established under subsection
(e).
``(iii) The evaluation metrics established under
subsection (f).
``(iv) Such other matters relating to the pilot program
as the Secretary considers appropriate.
``(2) Final report.--Not later than 180 days after the
completion of the pilot program under subsection (a), the Secretary
shall submit to the appropriate congressional committees a report
on the pilot program.''; and
(6) by adding at the end the following new subsection:
``(h) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means--
``(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.
``(2) The term `institution of higher education' means a four-
year institution of higher education, as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).''.
SEC. 742. 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 one-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 one-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. 743. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION
FUND.
Section 1704(e) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), as most recently
amended by section 732(4)(B) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1460), is further
amended by striking ``September 30, 2021'' and inserting ``September
30, 2022''.
SEC. 744. MILITARY HEALTH SYSTEM CLINICAL QUALITY MANAGEMENT
PROGRAM.
(a) In General.--The Secretary of Defense, acting through the
Director of the Defense Health Agency, shall implement a comprehensive
program to be known as the ``Military Health System Clinical Quality
Management Program'' (in this section referred to as the ``Program'').
(b) Elements of Program.--The Program shall include, at a minimum,
the following:
(1) The implementation of systematic procedures to eliminate,
to the extent feasible, risk of harm to patients at military
medical treatment facilities, including through identification,
investigation, and analysis of events indicating a risk of patient
harm and corrective action plans to mitigate such risks.
(2) With respect to a potential sentinel event (including those
involving members of the Armed Forces) at a military medical
treatment facility--
(A) an analysis of such event, which shall occur and be
documented as soon as possible after the event;
(B) use of such analysis for clinical quality management;
and
(C) reporting of such event to the National Practitioner
Data Bank in accordance with guidelines of the Secretary of
Health and Human Services under the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11101 et seq.), giving
special emphasis to the results of external peer reviews of the
event.
(3) Validation of provider credentials and granting of clinical
privileges by the Director of the Defense Health Agency for all
health care providers at a military medical treatment facility.
(4) Accreditation of military medical treatment facilities by a
recognized external accreditation body.
(5) Systematic measurement of indicators of health care
quality, emphasizing clinical outcome measures, comparison of such
indicators with benchmarks from leading health care quality
improvement organizations, and transparency with the public of
appropriate clinical measurements for military medical treatment
facilities.
(6) Systematic activities emphasized by leadership at all
organizational levels to use all elements of the Program to
eliminate unwanted variance throughout the health care system of
the Department of Defense and make constant improvements in
clinical quality.
(7) A full range of procedures for productive communication
between patients and health care providers regarding actual or
perceived adverse clinical events at military medical treatment
facilities, including procedures--
(A) for full disclosure of such events (respecting the
confidentiality of peer review information under a medical
quality assurance program under section 1102 of title 10,
United States Code);
(B) providing an opportunity for the patient to be heard in
relation to quality reviews; and
(C) to resolve patient concerns by independent, neutral
health care resolution specialists.
(c) Additional Clinical Quality Management Activities.--
(1) In general.--In addition to the elements of the Program set
forth in subsection (b), the Secretary shall establish and maintain
clinical quality management activities in relation to functions of
the health care system of the Department separate from delivery of
health care services in military medical treatment facilities.
(2) Health care delivery outside military medical treatment
facilities.--In carrying out paragraph (1), the Secretary shall
maintain policies and procedures to promote clinical quality in
health care delivery on ships and planes, in deployed settings, and
in all other circumstances not covered by subsection (b), with the
objective of implementing standards and procedures comparable, to
the extent practicable, to those under such subsection.
(3) Purchased care system.--In carrying out paragraph (1), the
Secretary shall maintain policies and procedures for health care
services provided outside the Department but paid for by the
Department, reflecting best practices by public and private health
care reimbursement and management systems.
SEC. 745. WOUNDED WARRIOR SERVICE DOG PROGRAM.
(a) Program.--The Secretary of Defense shall establish a program,
to be known as the ``Wounded Warrior Service Dog Program'', to provide
assistance dogs to covered members and covered veterans.
(b) Definitions.--In this section:
(1) The term ``assistance dog'' means a dog specifically
trained to perform physical tasks to mitigate the effects of a
covered disability, except that the term does not include a dog
specifically trained for comfort or personal defense.
(2) The term ``covered disability'' means 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) The term ``covered member'' means a member of the Armed
Forces who is--
(A) receiving medical treatment, recuperation, or therapy
under chapter 55 of title 10, United States Code;
(B) in medical hold or medical holdover status; or
(C) covered under section 1202 or 1205 of title 10, United
States Code.
(4) The term ``covered veteran'' means a veteran who is
enrolled in the health care system established under section
1705(a) of title 38, United States Code.
SEC. 746. EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION
PROJECT.
(a) Demonstration Project Required.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
commence carrying out 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 or lactation counselors 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 to
receive the services provided under the demonstration project.
(d) Duration.--The Secretary shall carry out the demonstration
project for a period of five years beginning on the date on which
notification of the commencement of the demonstration project is
published in the Federal Register.
(e) Surveys.--
(1) In general.--Not later than one 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, lactation consultant, or lactation counselor
support.
(2) Matters covered by surveys.--The surveys administered under
paragraph (1) shall include an identification of the following:
(A) The race, ethnicity, age, sex, relationship status,
Armed Force, 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, lactation consultant, 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 House of Representatives
and the Senate a plan to implement the demonstration project.
(2) Annual report.--
(A) In general.--Not later than one year after the date on
which the demonstration project commences, and annually
thereafter for the duration of the demonstration project, the
Secretary shall submit to the Committees on Armed Services of
the House of Representatives and the Senate 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 (e).
(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 date on
which the demonstration project terminates.
(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,
lactation consultants, and lactation counselors through public
notice and comment rulemaking for purposes of including doulas,
lactation consultants, and lactation counselors 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) The terms ``covered beneficiary'' and ``TRICARE program''
have the meanings given those terms in section 1072 of title 10,
United States Code.
(2) The term ``extramedical maternal health provider'' means a
doula, lactation consultant, or lactation counselor.
SEC. 747. BRIEFING 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 provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on
the diet and nutrition of members of the Armed Forces. The briefing
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 briefing 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 such dining halls, including in ways
that minimize the change for members.
(5) Expected costs and timeline to implement such plan,
including any projected costs or savings from reduced medical costs
if the plan is implemented.
SEC. 748. AUDIT OF MEDICAL CONDITIONS OF RESIDENTS IN PRIVATIZED
MILITARY HOUSING.
(a) Audit.--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--
(1) 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; and
(2) the process under section 3053 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1943), including whether such process will adequately address
resolution of environmental health hazards identified as a result
of the inspections and assessments conducted pursuant to sections
3051(b) and 3052(b) of such Act (Public Law 116-92; 133 Stat. 1941
and 1942).
(b) Content of Audit.--In conducting the audit under subsection
(a), the Inspector General shall--
(1) determine the percentage of units of privatized military
housing that are considered by the Inspector General to be unsafe
or unhealthy housing units and visit at least one military
installation of the Department of Defense from each of the Army,
Navy, Air Force, and Marine Corps to verify that such units 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;
(3) determine, to the extent permitted by available scientific
data, the association between such adverse exposures and the
occurrence of a medical condition in eligible individuals residing
in unsafe or unhealthy housing units and provide quantifiable data
on such association;
(4) review the process to identify, record, and resolve
environmental health hazards developed by the Secretary of Defense
under section 3053 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1943);
(5) review the inspections and assessments conducted pursuant
to sections 3051(b) and 3052(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1941 and 1942);
(6) study the relationship between the process specified in
paragraph (4) and any environmental health hazards identified as a
result of the inspections and assessments specified in paragraph
(5) to determine whether such process will adequately address
resolution of such hazards and complaints that relate to such
hazards made by eligible individuals residing in privatized
military housing; and
(7) make such recommendations as the Inspector General may have
to improve the process specified in paragraph (4).
(c) Conduct of Audit.--The Inspector General 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 shall use--
(1) de-identified data from electronic health records of the
Department;
(2) records of claims under the TRICARE program; and
(3) such other data as determined necessary by the Inspector
General.
(e) Submission and Public Availability of Report.--Not later than
one year after the commencement of the audit under subsection (a), the
Inspector General 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),
including any recommendations made under subsection (b)(7); 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
has resided in an unsafe or unhealthy housing unit.
(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 ``TRICARE program'' has the meaning given such
term section 1072 of title 10, United States Code.
(4) The term ``unsafe or unhealthy housing unit'' means a unit
of privatized military housing in which is present, at levels
exceeding national standards or guidelines, at least one of the
following hazards:
(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 similar hazards as determined by the Inspector
General.
SEC. 749. ASSESSMENT OF RECEIPT BY CIVILIANS OF EMERGENCY MEDICAL
TREATMENT AT MILITARY MEDICAL TREATMENT FACILITIES.
(a) Assessment.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall complete an assessment of the provision by the Secretary of
Defense of emergency medical treatment to civilians who are not covered
beneficiaries at military medical treatment facilities during the
period beginning on October 1, 2015, and ending on September 30, 2020.
(b) Elements of Assessment.--The assessment under subsection (a)
shall include, with respect to civilians who received emergency medical
treatment at a military medical treatment facility during the period
specified in such paragraph, the following:
(1) The total fees charged to such civilians for such treatment
and the total fees collected.
(2) The amount of medical debt from such treatment that was
garnished from such civilians, categorized by garnishment from
Social Security benefits, tax refunds, wages, or other financial
assets.
(3) The number of such civilians from whom medical debt from
such treatment was garnished.
(4) The total fees for such treatment that were waived for such
civilians.
(5) With respect to medical debt incurred by such civilians
from such treatment--
(A) the amount of such debt that was collected by the
Secretary of Defense;
(B) the amount of such debt still owed to the Department of
Defense; and
(C) the amount of such debt transferred from the Department
of Defense to the Department of the Treasury for collection.
(6) The number of such civilians from whom such medical debt
was collected who did not possess medical insurance at the time of
such treatment.
(7) The number of such civilians from whom such medical debt
was collected who collected Social Security benefits at the time of
such treatment.
(8) The number of such civilians from whom such medical debt
was collected who, at the time of such treatment, earned--
(A) less than the poverty line;
(B) less than 200 percent of the poverty line;
(C) less than 300 percent of the poverty line; and
(D) less than 400 percent of the poverty line.
(9) An assessment of the process through which military medical
treatment facilities seek to recover unpaid medical debt from such
civilians, including whether the Secretary of Defense contracts
with private debt collectors to recover such unpaid medical debt.
(10) An assessment of the process, if any, through which such
civilians can apply to have medical debt for such treatment waived,
forgiven, canceled, or otherwise determined to not be a financial
obligation of the civilian.
(11) Such other information as the Comptroller General
determines appropriate.
(c) Reports.--The Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives--
(1) not later than December 1, 2021, a report containing
preliminary observations with respect to the assessment under
subsection (a); and
(2) at such time and in such format as is mutually agreed upon
by the committees and the Comptroller General, a report containing
the final results of such assessment.
(d) Definitions.--In this section:
(1) The term ``civilian'' means an individual who is not--
(A) a member of the Armed Forces;
(B) a contractor of the Department of Defense; or
(C) a civilian employee of the Department.
(2) The term ``covered beneficiary'' has the meaning given that
term in section 1072(5) of title 10, United States Code.
(3) The term ``poverty line'' has the meaning given that term
in section 673 of the Community Services Block Grant Act (42 U.S.C.
9902).
SEC. 750. STUDY ON THE INCIDENCE OF CANCER DIAGNOSIS AND MORTALITY
AMONG MILITARY AVIATORS AND AVIATION SUPPORT PERSONNEL.
(a) Study.--
(1) In general.--The Secretary of Defense, in conjunction with
the Directors of the National Institutes of Health and the National
Cancer Institute, shall conduct a study on cancer among covered
individuals in two phases as provided in this subsection.
(2) Phase 1.--
(A) In general.--Under the initial phase of the study
conducted under paragraph (1), the Secretary of Defense shall
determine if there is a higher incidence of cancers occurring
for covered individuals as compared to similar age groups in
the general population through the use of the database of the
Surveillance, Epidemiology, and End Results program of the
National Cancer Institute.
(B) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report on the findings of
the initial phase of the study under subparagraph (A).
(3) Phase 2.--
(A) In general.--If, pursuant to the initial phase of the
study under paragraph (2), the Secretary concludes that there
is an increased rate of cancers among covered individuals, the
Secretary shall conduct a second phase of the study under which
the Secretary shall do the following:
(i) Identify the carcinogenic toxins or hazardous
materials associated with military flight operations from
shipboard or land bases or facilities, such as fuels,
fumes, and other liquids.
(ii) Identify the operating environments, including
frequencies or electromagnetic fields, where exposure to
ionizing radiation (associated with high altitude flight)
and nonionizing radiation (associated with airborne,
ground, and shipboard radars) occurred in which covered
individuals could have received increased radiation
amounts.
(iii) Identify, for each covered individual, duty
stations, dates of service, aircraft flown, and additional
duties (including Landing Safety Officer, Catapult and
Arresting Gear Officer, Air Liaison Officer, Tactical Air
Control Party, or personnel associated with aircraft
maintenance, supply, logistics, fuels, or transportation)
that could have increased the risk of cancer for such
covered individual.
(iv) Determine locations where a covered individual
served or additional duties of a covered individual that
are associated with higher incidences of cancers.
(v) Identify potential exposures due to service in the
Armed Forces that are not related to aviation, such as
exposure to burn pits or toxins in contaminated water,
embedded in the soil, or inside bases or housing.
(vi) Determine the appropriate age to begin screening
covered individuals for cancer based on race, gender,
flying hours, period of service as aviation support
personnel, Armed Force, type of aircraft, and mission.
(B) Data.--The Secretary shall format all data included in
the study conducted under this paragraph in accordance with the
Surveillance, Epidemiology, and End Results program of the
National Cancer Institute, including by disaggregating such
data by race, gender, and age.
(C) Report.--Not later than one year after the submittal of
the report under paragraph (2)(B), if the Secretary conducts
the second phase of the study under this paragraph, the
Secretary shall submit to the appropriate committees of
Congress a report on the findings of the study conducted under
this paragraph.
(4) Use of data from previous studies.--In conducting the study
under this subsection, the Secretary of Defense shall incorporate
data from previous studies conducted by the Air Force, the Navy, or
the Marine Corps that are relevant to the study under this
subsection, including data from the comprehensive study conducted
by the Air Force identifying each covered individual and
documenting the cancers, dates of diagnoses, and mortality of each
covered individual.
(b) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
(2) The term ``Armed Forces''--
(A) has the meaning given the term ``armed forces'' in
section 101 of title 10, United States Code; and
(B) includes the reserve components named in section 10101
of such title.
(3) The term ``covered individual''--
(A) means an aviator or aviation support personnel who--
(i) served in the Armed Forces on or after February 28,
1961; and
(ii) receives benefits under chapter 55 of title 10,
United States Code; and
(B) includes any air crew member of fixed-wing aircraft and
personnel supporting generation of the aircraft, including
pilots, navigators, weapons systems operators, aircraft system
operators, personnel associated with aircraft maintenance,
supply, logistics, fuels, or transportation, and any other crew
member who regularly flies in an aircraft or is required to
complete the mission of the aircraft.
SEC. 751. STUDY ON EXPOSURE TO TOXIC SUBSTANCES AT KARSHI-KHANABAD
AIR BASE, UZBEKISTAN.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a study
on exposure to toxic substances by members of the Armed Forces
deployed to Karshi-Khanabad Air Base, Uzbekistan, at any time
during the period beginning on October 1, 2001, and ending on
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 on
October 1, 2001, and ending on December 31, 2005, including an
identification of any toxic substances contaminating the Air
Base during such period.
(B) An epidemiological study of the health consequences of
members of the Armed Forces deployed to the Air Base at any
time 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. 752. 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 covered members.
(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 covered members.
(2) Current suicide prevention programs and activities of the
Armed Forces provided to covered members and their dependents,
including programs provided by the Defense Health Program and the
Defense Suicide Prevention Office.
(3) The integration of mental health screenings and efforts
relating to suicide risk and suicide prevention for covered members
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 covered members and their dependents, including
guidance and training to assist commanders in addressing incidents
of attempted or completed suicide that occur within their units.
(5) The standards regarding data collection for covered members
and their dependents, including the collection of data on factors
that relate to suicide, such as domestic violence and child abuse.
(6) The means used to ensure the protection of privacy of
covered members and their dependents who seek or receive treatment
relating to suicide prevention.
(7) The availability of information from indigenous populations
on suicide prevention for covered members 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
covered members 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 House of Representatives and the Senate on
preliminary observations relating to the review under subsection
(a); and
(2) not later than March 1, 2022, submit to the Committees on
Armed Services of the House of Representatives and the Senate a
report containing the results of such review.
(d) Definitions.--In this section:
(1) The term ``covered installation'' means a remote
installation of the Department of Defense located outside the
contiguous United States.
(2) The term ``covered member'' means a member of the Armed
Forces who is stationed at a covered installation.
SEC. 753. STUDY ON MEDEVAC HELICOPTERS AND AMBULANCES AT CERTAIN
MILITARY INSTALLATIONS.
(a) Study.--Not later than one year 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
containing a feasibility study on the use and maintenance of medical
evacuation helicopters and ground ambulances at covered military
installations.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) The requirements analysis that determines whether a medical
evacuation helicopter and ground ambulance or similar vehicles are
required at covered military installations.
(2) The frequency with which such helicopters and ambulances
are inspected for maintenance and restocked with the required
supplies and equipment.
(3) The frequency with which training exercises occur involving
the use of such helicopters and ambulances.
(4) The planning factors associated with ensuring that the
capabilities provided by such helicopters and ambulances are
readily available and the contingency plans that may involve the
use of helicopters or ambulances provided by allies of the United
States or host countries.
(c) Covered Military Installation Defined.--In this section, the
term ``covered military installation'' means each military installation
outside the United States at which the Secretary anticipates the United
States will have an enduring presence.
SEC. 754. COMPTROLLER GENERAL STUDY ON PRENATAL AND POSTPARTUM
MENTAL HEALTH CONDITIONS AMONG MEMBERS OF THE ARMED FORCES AND
THEIR DEPENDENTS.
(a) Study.--
(1) In general.--The Comptroller General of the United States
shall conduct a study on prenatal and postpartum mental health
conditions among members of the Armed Forces and the dependents of
such members.
(2) Elements.--The study under paragraph (1) shall include the
following:
(A) An assessment of--
(i) the extent to which beneficiaries under the TRICARE
program, including members of the Armed Forces and the
dependents of such members, are diagnosed with--
(I) prenatal or postpartum depression;
(II) prenatal or postpartum anxiety disorder;
(III) prenatal or postpartum obsessive compulsive
disorder;
(IV) prenatal or postpartum psychosis; and
(V) other relevant mood disorders; and
(ii) the extent to which data is collected on the
prenatal or postpartum mental health conditions specified
under clause (i).
(B) A demographic assessment of the population included in
the study with respect to race, ethnicity, sex, age,
relationship status, military service, military occupation, and
rank, where applicable.
(C) An assessment of the status of prenatal and postpartum
mental health care for beneficiaries under the TRICARE program,
including those who seek care at military medical treatment
facilities and those who rely on civilian providers.
(D) An assessment of the ease or delay for beneficiaries
under the TRICARE program in obtaining treatment for prenatal
and postpartum mental health conditions, including--
(i) an assessment of wait times for mental health
treatment at each military medical treatment facility; and
(ii) a description of the reasons such beneficiaries
may cease seeking such treatment.
(E) A comparison of the rates of prenatal or postpartum
mental health conditions within the military community to such
rates in the civilian population, as reported by the Centers
for Disease Control and Prevention.
(F) An assessment of any effects of implicit or explicit
bias in prenatal and postpartum mental health care under the
TRICARE program, or evidence of racial or socioeconomic
barriers to such care.
(G) The extent to which treatment for mental health issues
specified under subparagraph (A)(i) is available and accessible
to members of the Armed Forces serving on active duty and the
spouses of such members.
(H) The barriers that prevent members of the Armed Forces
serving on active duty, and the spouses of such members, from
seeking or obtaining care for such mental health issues.
(I) The ways in which the Department of Defense is
addressing barriers identified under subparagraph (H).
(b) Report.--Not later than one 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 the House of
Representatives a report on the findings of the study conducted under
subsection (a), including--
(1) recommendations for actions to be taken by the Secretary of
Defense to improve prenatal and postpartum mental health among
members of the Armed Forces and dependents of such members; and
(2) such other recommendations as the Comptroller General
determines appropriate.
(c) Definitions.--In this section, the terms ``dependent'' and
``TRICARE program'' have the meanings given those terms in section 1072
of title 10, United States Code.
SEC. 755. REPORT ON LAPSES IN TRICARE COVERAGE FOR MEMBERS OF THE
NATIONAL GUARD AND RESERVE COMPONENTS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, each Secretary of a military department, in
consultation with the Director of the Defense Health Agency, shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing an analysis of each
of the following with respect to the military department of the
Secretary:
(1) Any lapses in coverage under the TRICARE program for a
member of a reserve component that occurred during the eight-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;
(C) shortages in the level of administrative staffing of
the reserve component; and
(D) integration of systems of the reserve component with
Integrated Pay and Personnel Systems.
(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 current status and expected completion of duty status
reform for personnel of the reserve components.
(10) 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 ``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.
(3) 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.
(4) The terms ``TRICARE Prime'' and ``TRICARE program'' have
the meanings given those terms in section 1072 of title 10, United
States Code.
(5) The term ``TRICARE Reserve Select'' has the meaning given
that term in section 1076d(f) of title 10, United States Code.
SEC. 756. 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 the following:
(1) Identification and evaluation of limitations and
vulnerabilities of health care and medicine capabilities with
respect 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 one year 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 containing the study conducted under subsection (a).
SEC. 757. STUDY ON FORCE MIX OPTIONS AND SERVICE MODELS TO ENHANCE
READINESS OF MEDICAL FORCE OF THE ARMED FORCES.
(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with a federally funded research and development center or
other independent entity to conduct a study on force mix options and
service models (including traditional and nontraditional active and
reserve models) to enhance the readiness of the medical force of the
Armed Forces to deliver combat care on the battlefield and assist
public health responses to pandemics or other national public health
emergencies.
(b) Elements.--The study under subsection (a) shall include, at a
minimum and conducted separately with respect to members of the Armed
Forces on active duty and members of the reserve components--
(1) a review of existing models for such members who are
medical professionals to improve clinical readiness skills by
serving in civilian trauma centers, Federal agencies, or other
organizations determined appropriate by the Secretary;
(2) an assessment of the extent to which such existing models
can be optimized, standardized, and scaled to address readiness
shortfalls; and
(3) an evaluation of the cost and effectiveness of alternative
models for such members who are medical professionals to serve in
the centers, agencies, and organizations specified in subparagraph
(A).
(c) Report.--Not later than 15 months 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 report
on the findings and recommendations resulting from the study under
subsection (a).
SEC. 758. REPORT ON BILLING PRACTICES FOR HEALTH CARE FROM
DEPARTMENT OF DEFENSE.
(a) Report.--
(1) In general.--Not later than one 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 assessing the billing
practices of the Department of Defense for care received under the
TRICARE program or at military medical treatment facilities.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the extent to which data is being
collected and maintained on whether beneficiaries under the
TRICARE program have other forms of health insurance.
(B) A description of the extent to which the Secretary of
Defense has implemented the recommendations of the Inspector
General of the Department of Defense to improve collections of
third-party payments for care at military medical treatment
facilities and a description of the impact such implementation
has had on such beneficiaries.
(C) A description of the extent to which the process used
by managed care support contractors under the TRICARE program
to adjudicate third-party liability claims is efficient and
effective, including with respect to communication with such
beneficiaries.
(b) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given that term in section 1072 of title 10,
United States Code.
Subtitle E--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components
SEC. 761. 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. 762. 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 one year after the date of the enactment of
this Act.
SEC. 763. 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. 764. 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. 765. 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 one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Armed Services 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.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Report on acquisition risk assessment and mitigation as part
of Adaptive Acquisition Framework implementation.
Sec. 802. Improving planning, execution, and oversight of life cycle
sustainment activities.
Sec. 803. Disclosures for offerors for certain shipbuilding major
defense acquisition program contracts.
Sec. 804. Implementation of modular open systems approaches.
Sec. 805. Congressional notification of termination of a middle tier
acquisition program.
Sec. 806. Definition of material weakness for contractor business
systems.
Sec. 807. Space system acquisition and the adaptive acquisition
framework.
Sec. 808. Acquisition authority of the Director of the Joint Artificial
Intelligence Center.
Sec. 809. Assessments of the process for developing capability
requirements for Department of Defense acquisition programs.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Sustainment reform for the Department of Defense.
Sec. 812. Inclusion of software in Government performance of acquisition
functions.
Sec. 813. Modifications to Comptroller General assessment of acquisition
programs and related initiatives.
Sec. 814. Cost or pricing data reporting requirements for Department of
Defense contracts.
Sec. 815. Prompt payment of contractors.
Sec. 816. Documentation pertaining to commercial item determinations.
Sec. 817. Modification to small purchase threshold exception to sourcing
requirements for certain articles.
Sec. 818. Repeal of program for qualified apprentices for military
construction contracts.
Sec. 819. Modifications to mitigating risks related to foreign
ownership, control, or influence of Department of Defense
contractors and subcontractors.
Sec. 820. Contract closeout authority for services contracts.
Sec. 821. Revision of proof required when using an evaluation factor for
employing or subcontracting with members of the Selected
Reserve.
Subtitle C--Provisions Relating to Software and Technology
Sec. 831. Contract authority for development and demonstration of
initial or additional prototype units.
Sec. 832. Extension of pilot program for streamlined awards for
innovative technology programs.
Sec. 833. Listing of other transaction authority consortia.
Sec. 834. Pilot program on the use of consumption-based solutions to
address software-intensive warfighting capability.
Sec. 835. Balancing security and innovation in software development and
acquisition.
Sec. 836. Digital modernization of analytical and decision-support
processes for managing and overseeing Department of Defense
acquisition programs.
Sec. 837. Safeguarding defense-sensitive United States intellectual
property, technology, and other data and information.
Sec. 838. Comptroller General report on implementation of software
acquisition reforms.
Sec. 839. Comptroller General report on intellectual property
acquisition and licensing.
Subtitle D--Industrial Base Matters
Sec. 841. Additional requirements pertaining to printed circuit boards.
Sec. 842. Report on nonavailability determinations and quarterly
national technology and industrial base briefings.
Sec. 843. Modification of framework for modernizing acquisition
processes to ensure integrity of industrial base and inclusion
of optical transmission components.
Sec. 844. Expansion on the prohibition on acquiring certain metal
products.
Sec. 845. Miscellaneous limitations on the procurement of goods other
than United States goods.
Sec. 846. Improving implementation of policy pertaining to the national
technology and industrial base.
Sec. 847. Report and limitation on the availability of funds relating to
eliminating the gaps and vulnerabilities in the national
technology and industrial base.
Sec. 848. Supply of strategic and critical materials for the Department
of Defense.
Sec. 849. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 850. Implementation of recommendations for assessing and
strengthening the manufacturing and defense industrial base
and supply chain resiliency.
Sec. 851. Report on strategic and critical materials.
Sec. 852. Report on aluminum refining, processing, and manufacturing.
Subtitle E--Small Business Matters
Sec. 861. Initiatives to support small businesses in the national
technology and industrial base.
Sec. 862. Transfer of verification of small business concerns owned and
controlled by veterans or service-disabled veterans to the
Small Business Administration.
Sec. 863. Employment size standard requirements for small business
concerns.
Sec. 864. Maximum award price for sole source manufacturing contracts.
Sec. 865. Reporting requirement on expenditure amounts for the Small
Business Innovation Research Program and the Small Business
Technology Transfer Program.
Sec. 866. Small businesses in territories of the United States.
Sec. 867. Eligibility of the Commonwealth of the Northern Mariana
Islands for certain Small Business Administration programs.
Sec. 868. Past performance ratings of certain small business concerns.
Sec. 869. Extension of participation in 8(a) program.
Sec. 870. Compliance of Offices of Small Business and Disadvantaged
Business Utilization.
Sec. 871. Category management training.
Subtitle F--Other Matters
Sec. 881. Review of and report on overdue acquisition and cross-
servicing agreement transactions.
Sec. 882. Domestic comparative testing activities.
Sec. 883. Prohibition on awarding of contracts to contractors that
require nondisclosure agreements relating to waste, fraud, or
abuse.
Sec. 884. Program management improvement officers and program management
policy council.
Sec. 885. Disclosure of beneficial owners in database for Federal agency
contract and grant officers.
Sec. 886. Repeal of pilot program on payment of costs for denied
Government Accountability Office bid protests.
Sec. 887. Amendments to submissions to Congress relating to certain
foreign military sales.
Sec. 888. Revision to requirement to use firm fixed-price contracts for
foreign military sales.
Sec. 889. Assessment and enhancement of national security innovation
base.
Sec. 890. Identification of certain contracts relating to construction
or maintenance of a border wall.
Sec. 891. Waivers of certain conditions for progress payments under
certain contracts during the COVID-19 national emergency.
Subtitle A--Acquisition Policy and Management
SEC. 801. REPORT ON ACQUISITION RISK ASSESSMENT AND MITIGATION AS
PART OF ADAPTIVE ACQUISITION FRAMEWORK IMPLEMENTATION.
(a) In General.--Each service acquisition executive shall submit to
the Secretary of Defense, the Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of Defense for
Research and Engineering, and the Chief Information Officer of the
Department of Defense a report on how such service acquisition
executive is, with respect to the risks in acquisition programs
described in subsection (b)--
(1) assessing such risks;
(2) mitigating such risks; and
(3) reporting within the Department of Defense and to Congress
on such risks.
(b) Acquisition Program Risks.--The risks in acquisition programs
described in this subsection are the following:
(1) Technical risks in engineering, software, manufacturing and
testing.
(2) Integration and interoperability risks, including
complications related to systems working across multiple domains
while using machine learning and artificial intelligence
capabilities to continuously change and optimize system
performance.
(3) Operations and sustainment risks, including as mitigated by
appropriate sustainment planning earlier in the lifecycle of a
program, access to technical data, and intellectual property
rights.
(4) Workforce and training risks, including consideration of
the role of contractors as part of the total workforce.
(5) Supply chain risks, including cybersecurity, foreign
control and ownership of key elements of supply chains, and the
consequences that a fragile and weakening defense industrial base,
combined with barriers to industrial cooperation with allies and
partners, pose for delivering systems and technologies in a trusted
and assured manner.
(c) Report to Congress.--Not later than March 31, 2021, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to
the congressional defense committees a report including--
(1) the input received from the service acquisition executives
pursuant to subsection (a); and
(2) the views of the Under Secretary with respect to the
matters described in paragraphs (1) through (5) of subsection (b).
SEC. 802. IMPROVING PLANNING, EXECUTION, AND OVERSIGHT OF LIFE
CYCLE SUSTAINMENT ACTIVITIES.
(a) Planning for Life Cycle Sustainment.--Section 2337 of title 10,
United States Code, is amended--
(1) by striking ``major weapon system'' each place it appears
and inserting ``covered system'';
(2) by striking ``major weapon systems'' each place it appears
and inserting ``covered systems'';
(3) by striking ``weapon system'' each place it appears and
inserting ``covered system'';
(4) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively;
(5) by inserting after subsection (a) the following new
subsection:
``(b) Life Cycle Sustainment Plan.--Before granting Milestone B
approval (or the equivalent), the milestone decision authority shall
ensure that each covered system has an approved life cycle sustainment
plan. The life cycle sustainment plan shall include--
``(1) a comprehensive product support strategy;
``(2) performance goals, including key performance parameters
for sustainment, key system attributes of the covered system, and
other appropriate metrics;
``(3) an approved life-cycle cost estimate for the covered
system;
``(4) affordability constraints and key cost factors that could
affect the operating and support costs of the covered system;
``(5) sustainment risks and proposed mitigation plans for such
risks;
``(6) engineering and design considerations that support cost-
effective sustainment of the covered system;
``(7) a technical data and intellectual property management
plan for product support; and
``(8) major maintenance and overhaul requirements that will be
required during the life cycle of the covered system.'';
(6) in subsection (c)(2), as so redesignated--
(A) by amending subparagraph (A) to read as follows:
``(A) develop, update, and implement a life cycle
sustainment plan described in subsection (b);'';
(B) in subparagraph (B), by striking ``use'' and inserting
``ensure the life cycle sustainment plan is informed by''; and
(C) in subparagraph (C), by inserting ``and life cycle
sustainment plan'' after ``product support strategy'';''; and
(7) in subsection (d), as so redesignated--
(A) by amending paragraph (5) to read as follows:
``(5) Covered system.--The term `covered system' means--
``(A) a major defense acquisition program as defined in
section 2430 of this title; or
``(B) an acquisition program or project that is carried out
using the rapid fielding or rapid prototyping acquisition
pathway under section 804 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302
note) that is estimated by the Secretary of Defense to require
an eventual total expenditure described in section
2430(a)(1)(B).''; and
(B) by adding at the end the following new paragraphs:
``(6) Milestone b approval.--The term `Milestone B approval'
has the meaning given that term in section 2366(e)(7) of this
title.
``(7) Milestone decision authority.--The term `milestone
decision authority' has the meaning given in section 2431a(e)(5) of
this title.''.
(b) Additional Requirements Before Milestone B Approval.--Section
2366b of title 10, United States Code is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (N), by striking ``and'' at the end;
(B) in subparagraph (O), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(P) has approved the life cycle sustainment plan required
under section 2337(b) of this title.''; and
(2) in subsection (c)(1)--
(A) by redesignating subparagraph (H) as subparagraph (I);
and
(B) by inserting after subparagraph (G) the following new
subparagraph:
``(H) A summary of the life cycle sustainment plan required
under section 2337 of this title.''.
(c) Recurring Sustainment Reviews.--Section 2441 of title 10,
United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``major weapon system'' and inserting
``covered system'';
(ii) by striking ``and throughout the life cycle of the
weapon system'' and inserting ``, and every five years
thereafter throughout the life cycle of the covered
system,''; and
(iii) by striking ``costs of the weapon system'' and
inserting ``costs of the covered system''; and
(B) by striking the second sentence;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``assess execution of the life cycle sustainment plan of the
covered system and'' before ``include the following
elements:''; and
(B) by adding at the end the following new paragraph:
``(10) As applicable, information regarding any decision to
restructure the life cycle sustainment plan for a covered system or
any other action that will lead to critical operating and support
cost growth.''; and
(3) by adding at the end the following new subsections:
``(d) Submission to Congress.--(1) Not later than September 30 of
each fiscal year, the Secretary of each military department shall
annually submit to the congressional defense committees the sustainment
reviews required by this section for such fiscal year.
``(2) Each submission under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
``(3) For a covered system with critical operating and support cost
growth, such submission shall include a remediation plan to reduce
operating and support costs or a certification by the Secretary
concerned that such critical operating and support cost growth is
necessary to meet national security requirements.
``(e) Definitions.--In this section:
``(1) Covered system.--The term `covered system' shall have the
meaning given in section 2337 of this title.
``(2) Critical operating and support cost growth.--The term
`critical operating and support cost growth' means operating and
support cost growth--
``(A) of at least 25 percent more than the estimate
documented in the most recent independent cost estimate for the
covered system; or
``(B) of at least 50 percent more than the estimate
documented in the original Baseline Estimate (as defined in
section 2435(d) of this title) for the covered system.''.
(d) Comptroller General Review.--
(1) In general.--The Comptroller General of the United States
shall--
(A) annually, select 10 covered systems for which a
sustainment review has been submitted under section 2441(d) of
title 10, United States Code; and
(B) submit to the congressional defense committees an
assessment of the steps taken by Secretaries concerned to
quantify and address critical operating and support cost growth
with respect to such covered systems.
(2) Contents.--Each assessment described in paragraph (1) shall
include--
(A) an evaluation of--
(i) the causes of critical operating and support cost
growth for each such covered system;
(ii) the extent to which the Secretary concerned has
mitigated critical operating and support cost growth of
such covered system; and
(iii) any other issues related to potential critical
operating and support cost growth the Comptroller General
determines appropriate; and
(B) any recommendations, including steps the Secretaries
concerned could take to reduce critical operating and support
cost growth for covered systems and lessons learned to be
incorporated in covered system acquisitions.
(3) Termination.--The requirement under this subsection shall
terminate on September 30, 2025.
(4) Definitions.--In this subsection, the terms ``covered
system'' and ``critical operating and support cost growth'' have
the meanings given, respectively, in section 2441 of title 10,
United States Code.
(e) Report on Sustainment Planning Processes for Non-major Defense
Acquisition Program Activities.--Not later than December 31, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report on the process for ensuring that timely and robust
sustainment planning processes are in place for all acquisition
activities. The report shall include a discussion of--
(1) sustainment planning processes for each--
(A) acquisition program or project that is carried out
using the rapid fielding or rapid prototyping acquisition
pathway under section 804 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302
note);
(B) information technology and software program;
(C) services contract, including each services contract for
information technologies and systems; and
(D) acquisition activity other than major defense
acquisition programs (as defined in section 2430 of title 10,
United States Code), as determined by the Secretary of Defense;
(2) methods to identify responsible individuals for sustainment
planning;
(3) required elements of sustainment planning;
(4) timing of sustainment planning activities in the
acquisition process;
(5) measures and metrics to assess compliance with sustainment
plans; and
(6) actions to continuously monitor, create incentives for, and
ensure compliance with sustainment plans.
SEC. 803. DISCLOSURES FOR OFFERORS FOR CERTAIN SHIPBUILDING MAJOR
DEFENSE ACQUISITION PROGRAM CONTRACTS.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2339c. Disclosures for offerors for certain shipbuilding major
defense acquisition program contracts
``(a) In General.--Any covered offeror seeking to be awarded a
shipbuilding construction contract as part of a major defense
acquisition program with funds from the Shipbuilding and Conversion,
Navy account shall disclose along with the offer and any subsequent
revisions of the offer (including the final proposal revision offer) if
any part of the planned contract performance will or is expected to
include foreign government subsidized performance, foreign financing,
foreign financial guarantees, or foreign tax concessions.
``(b) Requirements.--A disclosure required under subsection (a)
shall be made in a form prescribed by the Secretary of the Navy and
shall include a specific description of the extent to which the planned
contract performance will include, with or without contingencies, any
foreign government subsidized performance, foreign financing, foreign
financial guarantees, or foreign tax concessions.
``(c) Congressional Notification.--Not later than 5 days after
awarding a contract described under subsection (a), the Secretary of
the Navy shall notify the congressional defense committees and
summarize the disclosure provided under such subsection.
``(d) Definitions.--In this section:
``(1) Covered offeror.--The term `covered offeror' means any
offeror that requires or may reasonably be expected to require,
during the period of performance on a shipbuilding construction
contract described in subsection (a), a method to mitigate or
negate foreign ownership under section 2004.34(f)(6) of title 32,
Code of Federal Regulations.
``(2) Foreign government subsidized performance.--The term
`foreign government subsidized performance' means any financial
support, materiel, services, or guarantees of support, services,
supply, performance, or intellectual property concessions, that may
be provided to or for the covered offeror or the customer of the
offeror by a foreign government or entity effectively owned or
controlled by a foreign government, which may have the effect of
supplementing, supplying, servicing, or reducing the cost or price
of an end item, or supporting, financing in whole or in part, or
guaranteeing contract performance by the offeror.
``(3) Major defense acquisition program.--The term `major
defense acquisition program' has the meaning given the term in
section 2430 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 137 of title 10, United States Code, is amended by inserting
after the item relating to section 2339b the following new item:
``2339c. Disclosures for offerors for certain shipbuilding major defense
acquisition program contracts.''.
SEC. 804. IMPLEMENTATION OF MODULAR OPEN SYSTEMS APPROACHES.
(a) Requirements for Interface Delivery.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Joint All-
Domain Command and Control cross-functional team and the Director
for Command, Control, Communications, and Computers/Cyber, shall
issue regulations and guidance applicable to the military
departments, Defense Agencies, Department of Defense Field
Activities (as such terms are defined, respectively, in section 101
of title 10, United States Code), and combatant commands, as
appropriate, to--
(A) facilitate the Department of Defense's access to and
utilization of modular system interfaces;
(B) fully realize the intent of chapter 144B of title 10,
United States Code, by facilitating the implementation of
modular open system approaches across major defense acquisition
programs (as defined in section 2430 of title 10, United States
Code) and other relevant acquisition programs, including in the
acquisition and sustainment of weapon systems, platforms, and
components for which no common interface standard has been
established, to enable communication between such weapon
systems, platforms, and components; and
(C) advance the efforts of the Department to generate
diverse and recomposable kill chains.
(2) Elements.--The regulations and guidance required under
paragraph (1) shall include requirements that--
(A) the program officer for each weapon system
characterizes, in the acquisition strategy required under
section 2431a of title 10, United States Code or in other
documentation, the desired modularity of the weapon system for
which the program officer is responsible, including--
(i) identification of--
(I) the modular systems that comprise the weapon
system;
(II) the information that should be communicated
between individual modular systems (such as tracking
and targeting data or command and control
instructions); and
(III) the desired function of the communication
between modular systems (such as fire control
functions); and
(ii) a default configuration specifying which modular
systems should communicate with other modular systems,
including modular systems of other weapon systems;
(B) each relevant Department of Defense contract entered
into after the date on which the regulations and guidance
required under paragraph (1) are implemented includes
requirements for the delivery of modular system interfaces for
modular systems deemed relevant in the acquisition strategy or
documentation referred to in subparagraph (A), including--
(i) software-defined interface syntax and properties,
specifically governing how values are validly passed and
received between major subsystems and components, in
machine-readable format;
(ii) a machine-readable definition of the relationship
between the delivered interface and existing common
standards or interfaces available in the interface
repositories established pursuant to subsection (c); and
(iii) documentation with functional descriptions of
software-defined interfaces, conveying semantic meaning of
interface elements, such as the function of a given
interface field;
(C) the relevant program offices, including those
responsible for maintaining and upgrading legacy systems--
(i) that have not characterized the desired modularity
of the systems nevertheless meet the requirements of
paragraph (2)(A), if the program officers make an effort,
to the extent practicable, to update the acquisition
strategies required under section 2431a of title 10, United
States Code, or to develop or update other relevant
documentation; and
(ii) that have awarded contracts that do not include
the requirements specified in subparagraph (B) of paragraph
(2) nevertheless acquire, to the extent practicable, the
items specified in clauses (i) through (iii) of such
subparagraph, either through contractual updates, separate
negotiations or contracts, or program management
mechanisms; and
(D) the relevant program officers deliver modular system
interfaces and the associated documentation to at least one of
the repositories established pursuant to subsection (c).
(3) Applicability of regulations and guidance.--
(A) Applicability.--The regulations and guidance required
under paragraph (1) shall apply to any program office
responsible for the prototyping, acquisition, or sustainment of
a new or existing weapon system.
(B) Extension of scope.--Not earlier than 1 year before,
and not later than 2 years after the regulations and guidance
required under paragraph (1) are issued for weapon systems, the
Under Secretary of Defense for Acquisition and Sustainment may
extend such regulations and guidance to apply to software-based
non-weapon systems, including business systems and
cybersecurity systems.
(4) Inclusion of components.--For the purposes of paragraph
(2)(A), each component that meets the following requirements shall
be treated as a modular system:
(A) A component that is able to execute without requiring
coincident execution of other weapon systems or components and
can communicate across component boundaries and through
interfaces.
(B) A component that can be separated from and recombined
with other weapon systems or components to achieve various
effects, missions, or capabilities.
(C) A component that is covered by a unique contract line
item.
(5) Machine-readable definition.--Where appropriate and
available, the requirement in paragraph (2)(B)(ii) for a machine-
readable definition may be satisfied by using a covered technology.
(b) Extension of Modular Open Systems Approach and Rights in
Interface Software.--
(1) Requirement for modular open system approach.--Section
2446a of title 10, United States Code, is amended--
(A) in subsection (a), by adding at the end the following:
``Other defense acquisition programs shall also be designed and
developed, to the maximum extent practicable, with a modular
open system approach to enable incremental development and
enhance competition, innovation, and interoperability.'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``major system
interfaces'' and all that follows and inserting
``modular system interfaces between major systems,
major system components and modular systems;'';
(II) in subparagraph (B), by striking ``major
system interfaces'' and all that follows and inserting
the following: ``that relevant modular system
interfaces--
``(i) comply with, if available and suitable, widely
supported and consensus-based standards; or
``(ii) are delivered pursuant to the requirements
established in subsection (a)(2)(B) of section 804 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021, including the delivery of--
``(I) software-defined interface syntax and
properties, specifically governing how values are
validly passed and received between major subsystems
and components, in machine-readable format;
``(II) a machine-readable definition of the
relationship between the delivered interface and
existing common standards or interfaces available in
Department interface repositories; and
``(III) documentation with functional descriptions
of software-defined interfaces, conveying semantic
meaning of interface elements, such as the function of
a given interface field;''; and
(III) in subparagraph (C), by inserting ``and
modular systems'' after ``severable major system
components'';
(ii) in paragraph (3)(A), by striking ``well-defined
major system interfaces'' and inserting ``modular system
interfaces'';
(iii) by amending paragraph (4) to read as follows:
``(4) The term `modular system interface' means a shared
boundary between major systems, major system components, or modular
systems, defined by various physical, logical, and functional
characteristics, such as electrical, mechanical, fluidic, optical,
radio frequency, data, networking, or software elements.'';
(iv) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively; and
(v) by inserting after paragraph (4) the following new
paragraph:
``(5) The term `modular system' refers to a weapon system or
weapon system component that--
``(A) is able to execute without requiring coincident
execution of other specific weapon systems or components;
``(B) can communicate across component boundaries and
through interfaces; and
``(C) functions as a module that can be separated,
recombined, and connected with other weapon systems or weapon
system components in order to achieve various effects,
missions, or capabilities.''.
(2) Rights in technical data.--
(A) In general.--Section 2320 of title 10, United States
Code, is amended--
(i) in subsection (a)(2), by amending subparagraph (G)
to read as follows:
``(G) Modular system interfaces developed exclusively at
private expense or with mixed funding.--Notwithstanding
subparagraphs (B) and (E), the United States shall have government
purpose rights in technical data pertaining to a modular system
interface developed exclusively at private expense or in part with
Federal funds and in part at private expense and used in a modular
open system approach pursuant to section 2446a of this title,
except in any case in which the Secretary of Defense determines
that negotiation of different rights in such technical data would
be in the best interest of the United States. Such modular system
interface shall be identified in the contract solicitation and the
contract. For technical data pertaining to a modular system
interface developed exclusively at private expense for which the
United States asserts government purpose rights, the Secretary of
Defense shall negotiate with the contractor the appropriate and
reasonable compensation for such technical data.''; and
(ii) in subsection (h), by striking ``, `major system
interface''' and inserting ``, `modular system
interface'''.
(B) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
update the regulations required by section 2320(a)(1) of title
10, United States Code, to reflect the amendments made by this
paragraph.
(c) Interface Repositories.--
(1) Establishment.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall--
(A) direct the Secretaries concerned and the heads of other
appropriate Department of Defense components to establish and
maintain repositories for interfaces, syntax and properties,
documentation, and communication implementations delivered
pursuant to the requirements established under subsection
(a)(2)(B);
(B) establish and maintain a comprehensive index of
interfaces, syntax and properties, documentation, and
communication implementations delivered pursuant to the
requirements established under subsection (a)(2)(B) and
maintained in the repositories required under subparagraph (A);
and
(C) if practicable, establish and maintain an alternate
reference repository of interfaces, syntax and properties,
documentation, and communication implementations delivered
pursuant to the requirements established under subsection
(a)(2)(B).
(2) Distribution of interfaces.--
(A) In general.--Consistent with the requirements of
section 2320 of title 10, United States Code, the Under
Secretary of Defense for Acquisition and Sustainment shall, in
coordination with the Director of the Defense Standardization
Program Office, use the index and repositories established
pursuant to paragraph (1) to provide access to interfaces and
relevant documentation to authorized Federal Government and
non-Governmental entities.
(B) Non-government recipient use limits.--A non-
Governmental entity that receives access under subparagraph (A)
may not further release, disclose, or use such data except as
authorized.
(d) System of Systems Integration Technology and Experimentation.--
(1) Demonstration and assessment.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Director for Command, Control,
Communications, and Computers/Cyber and the Chief Information
Officer of the Department of Defense, acting through the Joint
All-Domain Command and Control cross-functional team, shall
conduct demonstrations and complete an assessment of the
technologies developed under the System of Systems Integration
Technology and Experimentation program of the Defense Advanced
Research Projects Agency, including a covered technology, and
the applicability of any such technologies to the Joint All-
Domain Command and Control architecture.
(B) Coverage.--The demonstrations and assessment required
under subparagraph (A) shall include--
(i) at least three demonstrations of the use of a
covered technology to create, under constrained schedules
and budgets, novel kill chains involving previously
incompatible weapon systems, sensors, and command, control,
and communication systems from multiple military services
in cooperation with United States Indo-Pacific Command or
United States European Command;
(ii) an evaluation as to whether the communications
enabled via a covered technology are sufficient for
military missions and whether such technology results in
any substantial performance loss in communication between
systems, major subsystems, and major components;
(iii) an evaluation as to whether a covered technology
obviates the need to develop, impose, and maintain strict
adherence to common communication and interface standards
for weapon systems;
(iv) the appropriate roles and responsibilities of the
Chief Information Officer of the Department of Defense, the
Under Secretary of Defense for Acquisition and Sustainment,
the heads of the combatant commands, the Secretaries
concerned, the Defense Advanced Research Projects Agency,
and the defense industrial base in using and maintaining a
covered technology to generate diverse and recomposable
kill chains as part of the Joint All-Domain Command and
Control architecture;
(v) for at least one of the demonstrations conducted
under clause (i), demonstration of the use of technology
developed under the High-Assurance Cyber Military Systems
program of the Defense Advanced Research Projects Agency to
secure legacy weapon systems and command and control
capabilities while facilitating interoperability;
(vi) an evaluation of how the technology referred to in
clause (v) and covered technology should be used to improve
cybersecurity and interoperability across critical weapon
systems and command and control capabilities across the
joint forces; and
(vii) coordination with the program manager for the
Time Sensitive Targeting Defeat program under the Under
Secretary of Defense for Research and Engineering and the
Under Secretary of Defense for Intelligence and Security.
(2) Chief information officer assessment.--
(A) In general.--The Chief Information Officer for the
Department of Defense, in coordination with the Principal Cyber
Advisor to the Secretary of Defense and the Director of the
Cybersecurity Directorate of the National Security Agency,
shall assess the technologies developed under the System of
Systems Integration Technology and Experimentation program of
the Defense Advanced Research Projects Agency, including the
covered technology, and applicability of such technology to the
business systems and cybersecurity tools of the Department.
(B) Coverage.--The assessment required under subparagraph
(A) shall include--
(i) an evaluation as to how the technologies referred
to in such subparagraph could be used in conjunction with
or instead of existing cybersecurity standards, frameworks,
and technologies designed to enable communication between,
and coordination of, cybersecurity tools;
(ii) as appropriate, demonstrations by the Chief
Information Office of the use of such technologies in
enabling communication between, and coordination of,
previously incompatible cybersecurity tools; and
(iii) as appropriate, demonstrations of the use of such
technologies in enabling communication between previously
incompatible business systems.
(3) Sustainment of certain engineering resources and
capabilities.--During the period the demonstrations and assessments
required under this subsection are conducted, and thereafter to the
extent required to execute the activities directed by the Joint
All-Domain Command and Control cross-functional team, the Joint
All-Domain Command and Control cross-functional team shall sustain
the System of Systems Technology Integration Tool Chain for
Heterogeneous Electronic Systems engineering resources and
capabilities developed by the Defense Advanced Research Projects
Agency.
(4) Transfer of responsibility.--Not earlier than 1 year
before, and not later than 2 years after the date of the enactment
of this Act, the Secretary of Defense may transfer responsibility
for maintaining the engineering resources and capabilities
described in paragraph (3) to a different organization within the
Department.
(e) Open Standards.--Nothing in this section shall be construed as
requiring, preventing, or interfering with the use or application of
any given communication standard or interface. The communication
described in subsection (a)(2)(A) may be accomplished by using existing
open standards, by the creation and use of new open standards, or
through other approaches, provided that such standards meet the
requirements of subsection (a)(2)(B).
(f) Definitions.--In this section:
(1) The term ``covered technology'' means the domain-specific
programming language for interface field transformations and its
associated compilation toolchain (commonly known as the ``System of
Systems Technology Integration ToolChain for Heterogeneous
Electronic Systems'') developed under the Defense Advanced Research
Projects Agency System of Systems Integration Technology and
Experimentation program, or any other technology that is
functionally equivalent.
(2) The term ``desired modularity'' means the desired degree to
which weapon systems, components within a weapon system, and
components across weapon systems can function as modules that can
communicate across component boundaries and through interfaces and
can be separated and recombined to achieve various effects,
missions, or capabilities, as determined by the program officer for
such weapon system.
(3) The term ``machine-readable format'' means a format that
can be easily processed by a computer without human intervention.
(4) The terms ``major system'', ``major system component'',
``modular open system approach'', ``modular system'', ``modular
system interface'', and ``weapon system'' have the meanings given
such terms, respectively, in section 2446a of title 10, United
States Code.
SEC. 805. CONGRESSIONAL NOTIFICATION OF TERMINATION OF A MIDDLE
TIER ACQUISITION PROGRAM.
Section 804 of the National Defense Authorization Act for Fiscal
Year 2016 (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. 806. DEFINITION OF MATERIAL WEAKNESS FOR 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) by striking ``significant deficiencies'' both places it
appears and inserting ``material weaknesses'';
(2) by striking ``significant deficiency'' each place it
appears and inserting ``material weakness''; and
(3) by amending subsection (g)(4) to read as follows:
``(4) The term `material weakness' means a deficiency or
combination of deficiencies in the internal control over
information in contractor business systems, such that there is a
reasonable possibility that a material misstatement of such
information will not be prevented, or detected and corrected, on a
timely basis. For purposes of this paragraph, a reasonable
possibility exists when the likelihood of an event occurring--
``(A) is probable; or
``(B) is more than remote but less than likely.''.
SEC. 807. SPACE SYSTEM ACQUISITION AND THE ADAPTIVE ACQUISITION
FRAMEWORK.
(a) Service Acquisition Executive for Space Systems and Programs.--
Before implementing the application of the adaptive acquisition
framework to a Space Systems Acquisition pathway described in
subsection (c), there shall be within the Department of the Air Force
an individual serving as the Service Acquisition Executive of the
Department of the Air Force for Space Systems and Programs as required
under section 957 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1566; 10 U.S.C. 9016 note).
(b) Milestone Decision Authority for United States Space Force.--
(1) Program executive officer.--The Service Acquisition
Executive for Space Systems and Programs of the United States Space
Force may further delegate authority to an appropriate program
executive officer to serve 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 further delegate authority over major
systems to an appropriate program manager.
(c) Adaptive Acquisition Framework Application to Space
Acquisition.--
(1) In general.--The Secretary of Defense shall take such
actions necessary to ensure the adaptive acquisition framework (as
described in Department of Defense Instruction 5000.02, ``Operation
of the Adaptive Acquisition Framework'') includes one or more
pathways specifically tailored for Space Systems Acquisition in
order to achieve faster acquisition, improve synchronization and
more rapid fielding of critical end-to-end capabilities (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 application of the adaptive
acquisition framework to a Space Systems Acquisition pathway shall
be to quickly and effectively acquire end-to-end 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).
(d) Report.--
(1) In general.--Not later than May 15, 2021, the Secretary of
Defense shall submit to the congressional defense committees a
report on the application of the adaptive acquisition framework to
any Space Systems Acquisition pathway established under subsection
(a) 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 any major
defense acquisition programs, middle tier acquisition
programs, covered software programs, and major systems of
the United States Space Force for three previous fiscal
years;
(ii) existing and recommended measures to ensure
sufficient transparency and accountability related to the
performance of the Space Systems Acquisition pathway; and
(iii) proposed mechanisms to enable insight into the
funding prioritization process and significant funding
changes, including the independent cost estimate basis and
full funding considerations for any major defense
acquisition programs, middle tier acquisition programs,
covered software programs, and major systems procured by
the United States Space Force.
(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 contracting authority under
sections 2306b or 2306c of title 10, United States Code, is
recommended.
(D) A list of space systems acquisition programs for which
alternative acquisition pathways may be used.
(E) Policies or procedures for potential new pathways in
the application of the adaptive acquisition framework to a
Space Systems Acquisition with specific acquisition key
decision points and reporting requirements for development,
fielding, and sustainment activities that meet the requirements
of the adaptive acquisition framework.
(F) An analysis of the need for updated determination
authority for procurement of useable end items that are not
weapon systems.
(G) Policies and a governance structure, for both the
Office of the Secretary of Defense and each military
department, 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.
(2) Comptroller general review.--Not later than 60 days after
the submission of the report required under paragraph (1), 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.
(e) Definitions.--In this section:
(1) Covered software program.--The term ``covered software
program'' means an acquisition program or project that is carried
out using the software acquisition pathway established under
section 800 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1478; 10 U.S.C. 2223a
note).
(2) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning given in section 2430
of title 10, United States Code.
(3) Major system.--The term ``major system'' has the meaning
given in section 2302 of title 10, United States Code.
(4) Middle tier acquisition program.--The term ``middle tier
acquisition program'' means an acquisition program or project that
is carried out using the rapid fielding or rapid prototyping
acquisition pathway under section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2302 note).
(5) Milestone decision authority.--The term ``milestone
decision authority'' has the meaning given in section 2431a of
title 10, United States Code.
(6) 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.
SEC. 808. ACQUISITION AUTHORITY OF THE DIRECTOR OF THE JOINT
ARTIFICIAL INTELLIGENCE CENTER.
(a) Authority.--The Secretary of Defense shall delegate to the
Director of the Joint Artificial Intelligence Center the acquisition
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
appropriate acquisition activities of the Center.
(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 appropriate acquisition activities under subsection (a). Subject
to the authority, direction, and control of the Director of the
Center, 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 developed or
identified by the Center;
(B) to supervise the acquisition of technologies, services,
and capabilities to support the mission of the Center;
(C) to represent the Center in discussions with the
Secretaries concerned regarding acquisition programs relating
to such appropriate acquisition activities for which the Center
is involved; and
(D) to work with the Secretaries concerned to ensure that
the Center is appropriately represented in any joint working
group or integrated product team regarding acquisition programs
relating to such appropriate 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
capabilities to meet validated requirements;
(B) subordinate to the Under Secretary of Defense for
Acquisition and Sustainment in matters of acquisition; and
(C) 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 at least 10 full-time employees to support the Director
in carrying out the requirements of this section, including
personnel with experience in--
(A) acquisition practices and processes;
(B) the Joint Capabilities Integration and Development
System process;
(C) program management;
(D) software development and systems 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) Funding.--In exercising the acquisition authority granted in
subsection (a), the Director may not obligate or expend more than
$75,000,000 out of the funds made available in each of fiscal years
2021, 2022, 2023, 2024, and 2025 to enter into new contracts to support
appropriate acquisition activities carried out under this section.
(e) Implementation Plan and Demonstration Required.--
(1) In general.--The Secretary of Defense--
(A) may use the acquisition authority granted under
subsection (a) on or after 30 days after the date on which the
Secretary provides to the congressional defense committees a
plan for implementation of such authority; and
(B) by March 15, 2022, shall provide a demonstration of
operational capability delivered under such authority.
(2) Implementation plan.--The plan shall include the following:
(A) Description of the types of activities to be undertaken
using the acquisition authority provided under subsection (a).
(B) Plan for the negotiation and approval of any such
memorandum of agreement with an element of the Department of
Defense to support Center missions and transition of artificial
intelligence capabilities into appropriate acquisition programs
or into operational use.
(C) Plan for oversight of the position of acquisition
executive established in subsection (b).
(D) Assessment of the acquisition workforce, tools, and
infrastructure needs of the Center to support the authority
under subsection (a) until September 30, 2025.
(E) Other matters as appropriate.
(3) Demonstration.--The capability demonstration shall include
a description of how the acquisition authority enabled the
capability, how requirements were established and agreed upon, how
testing was conducted, and how the capability was transitioned to
the user, as well as any other matters deemed appropriate by the
Center.
(4) 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).
(f) 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.
(g) Definitions.--In this section:
(1) Center.--The term ``Center'' has the meaning given the term
``Joint Artificial Intelligence Center'' in section 260(c) of
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1294).
(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) Secretary concerned.--The term ``Secretary concerned'' has
the meaning given in section 101(9) of title 10, United States
Code.
SEC. 809. ASSESSMENTS OF THE PROCESS FOR DEVELOPING CAPABILITY
REQUIREMENTS FOR DEPARTMENT OF DEFENSE ACQUISITION PROGRAMS.
(a) In General.--The Secretary of Defense and the individual
appointed under section 2361a(c) of title 10, United States Code, (in
this section referred to as the ``Director'') shall each--
(1) conduct an assessment of the processes for developing and
approving capability requirements for the acquisition programs of
the Department of Defense and each military department; and
(2) develop recommendations for reforming such process to
improve the agility and timeliness of such process.
(b) Assessment Elements.--Each assessment conducted under
subsection (a) shall include the following:
(1) An assessment of the--
(A) adherence of the capability requirements development
and approval processes to statute, regulations, policies, and
directives;
(B) alignment and standardization of the capability
requirements development, acquisition, and budget processes;
(C) technical feasibility of each approved capability
requirement;
(D) training and development of the workforce in capability
requirements development and evaluation;
(E) ability of the process for developing capability
requirements to address the urgent needs of the Department of
Defense;
(F) capacity to review changes in capability requirements
for programs of record;
(G) validation of decisions made to approve capability
requirements and the alignment of each such decision to the
national defense strategy required under section 113(g) of
title 10, United States Code;
(H) extent to which portfolio management techniques are
used in the process for developing capability requirements to
coordinate decisions and avoid duplication of capabilities
across acquisition programs; and
(I) implementation by each military department of
Comptroller General of the United States recommendations
pertaining to the process for developing and approving
capability requirements.
(2) A comprehensive analysis of the circumstances and factors
contributing to the length of time between the start of a
Capabilities-Based Assessment and the date the Joint Requirements
Oversight Council approves the related Capability Development
Document.
(3) Identification and comparison of best practices in the
private sector and the public sector for the development and
approval of capability requirements.
(4) Any additional matters that the Secretary or Director
determine appropriate.
(c) Reports.--
(1) Assessment by secretary.--Not later than October 1, 2021,
the Secretary of Defense shall submit to the congressional defense
committees a report on the assessment conducted by the Secretary
under subsection (a), including--
(A) a description of such assessment;
(B) the results of such assessment, including the analysis
described in subsection (b)(2);
(C) a plan to reduce, when appropriate, the length of time
between the start of a Capabilities-Based Assessment and the
date the Joint Requirements Oversight Council approves the
related Capability Development Document; and
(D) any additional recommendations for legislation,
regulations, or policies that the Secretary determines
appropriate.
(2) Assessment by director.--
(A) Report to secretary.--Not later than November 30, 2021,
the Director shall submit to the Secretary of Defense a report
on the assessment conducted by the Director pursuant to
subsection (a).
(B) Report to congress.--Not later than January 1, 2022,
the Secretary of Defense shall submit to the congressional
defense committees the report described in subparagraph (A)
together with such comments as the Secretary determines
appropriate, including--
(i) a description and the results of the assessment
conducted pursuant to subsection (a)(2);
(ii) recommendations on how the Department of Defense
can improve the efficiency of developing and approving
capability requirements; and
(iii) any additional recommendations for legislation,
regulations, or policies that the Secretary determines
appropriate.
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, as amended by section 551 of this Act, is further
amended by adding at the end the following new clauses:
``(viii) 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), commercial logistics capabilities, and the national
technology and industrial base (as defined in section 2500 of this
title).
``(ix) A strategic framework prescribed by the Secretary that
guides how the Department will specifically address contested
logistics, including major investments for related infrastructure,
logistics-related authorities, force posture, related emergent
technology and advanced computing capabilities, operational
resilience, and operational energy, over the following five-year
period to support such strategy.''.
(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) defense acquisition programs;
``(B) core logistics capabilities (as described under
section 2464 of this title); and
``(C) the national technology and industrial base (as
defined in section 2500 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. INCLUSION OF SOFTWARE IN GOVERNMENT PERFORMANCE OF
ACQUISITION FUNCTIONS.
Section 1706 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``and each major automated information system program'' and
inserting ``(as defined in section 2430 of this title), each
acquisition program that is estimated by the Secretary of
Defense to require an eventual total expenditure greater than
the amount described in section 2430(a)(1)(B) of this title,
and any other acquisition program identified by the
Secretary''; and
(B) by adding at the end the following new paragraph:
``(14) Program lead software.''; and
(2) by striking subsection (c).
SEC. 813. 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. 814. COST OR PRICING DATA REPORTING REQUIREMENTS FOR
DEPARTMENT OF DEFENSE CONTRACTS.
(a) Cost or Pricing Data.--
(1) In general.--Section 2306a(a)(1) of title 10, United States
Code, is amended--
(A) in subparagraph (B), by striking ``contract if'' and
all that follows through the period at the end and inserting
``contract if the price adjustment is expected to exceed
$2,000,000.'';
(B) in subparagraph (C), by striking ``section and'' and
all that follows through the period at the end and inserting
``section and the price of the subcontract is expected to
exceed $2,000,000.''; and
(C) in subparagraph (D), by striking ``subcontract if'' and
all that follows through the period at the end and inserting
``subcontract if the price adjustment is expected to exceed
$2,000,000.''.
(2) Applicability.--The amendments made by this subsection
shall apply to any contract, or modification or change to a
contract, entered into on or after the date of the enactment of
this Act.
(b) Report.--
(1) In general.--Not later than July 1, 2022, the Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall provide to the congressional defense committees
a report analyzing the impact, including any benefits to the
Federal Government, of the amendments made by this section.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) Data to illustrate any efficiencies achieved, costs
avoided, and acquisition timelines improved.
(B) Analysis of associated costs to the Federal Government,
if any.
(C) Analysis of underlying causes or factors that limited
the benefits described in subparagraph (A).
(D) Other matters the Secretary deems appropriate.
(3) Form.--The report required under paragraph (1) shall be in
an unclassified form but may contain a classified annex.
SEC. 815. PROMPT PAYMENT OF CONTRACTORS.
Section 2307(a)(2) of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``if a specific payment
date is not established by contract''; and
(2) in subparagraph (B), by striking ``if--'' and all that
follows through ``the prime contractor agrees'' and inserting ``if
the prime contractor agrees or proposes''.
SEC. 816. DOCUMENTATION PERTAINING TO COMMERCIAL ITEM
DETERMINATIONS.
Section 2380 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) Determinations Regarding the Commercial Nature of Products or
Services.--
``(1) In general.--In making a determination whether a
particular product or service offered by a contractor meets the
definition of a commercial product or commercial service, a
contracting officer of the Department of Defense may--
``(A) request support from the Director of the Defense
Contract Management Agency, the Director of the Defense
Contract Audit Agency, or other appropriate experts in the
Department to make a determination whether a product or service
is a commercial product or commercial service; and
``(B) consider the views of appropriate public and private
sector entities.
``(2) Memorandum.--Within 30 days after a contract award, the
contracting officer shall, consistent with the policies and
regulations of the Department, submit a written memorandum
summarizing the determination referred to in paragraph (1),
including a detailed justification for such determination.''.
SEC. 817. MODIFICATION TO SMALL PURCHASE THRESHOLD EXCEPTION TO
SOURCING REQUIREMENTS FOR CERTAIN ARTICLES.
Subsection (h) of section 2533a of title 10, United States Code, is
amended to read as follows:
``(h) Exception for Small Purchases.--(1) Subsection (a) does not
apply to purchases for amounts not greater than $150,000. A proposed
procurement of an item in an amount greater than $150,000 may not be
divided into several purchases or contracts for lesser amounts in order
to qualify for this exception.
``(2) On October 1 of each year that is evenly divisible by five,
the Secretary of Defense may adjust the dollar threshold in this
subsection based on changes in the Consumer Price Index. Any such
adjustment shall take effect on the date on which the Secretary
publishes notice of such adjustment in the Federal Register.''.
SEC. 818. REPEAL OF PROGRAM FOR QUALIFIED APPRENTICES FOR MILITARY
CONSTRUCTION CONTRACTS.
(a) In General.--Section 2870 of title 10, United States Code, is
repealed.
(b) Conforming Amendments.--
(1) Clerical amendment.--The table of sections at the beginning
of subchapter III of chapter 169 of title 10, United States Code,
is amended by striking the item relating to section 2870.
(2) Repeal.--Section 865 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1523) is
repealed.
SEC. 819. MODIFICATIONS TO MITIGATING RISKS RELATED TO FOREIGN
OWNERSHIP, CONTROL, OR INFLUENCE OF DEPARTMENT OF DEFENSE
CONTRACTORS AND SUBCONTRACTORS.
(a) Assessment of FOCI.--Subparagraph (A) of section 847(b)(2) of
the National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1505; 10 U.S.C. 2509 note) is amended by adding at
the end the following new clause:
``(v) A requirement for the Secretary to require reports
and conduct examinations on a periodic basis of covered
contractors or subcontractors in order to assess compliance
with the requirements of this section.''.
(b) Contract Requirements, Administration, and Oversight Relating
to Foci.--Subparagraph (C) of such section is amended--
(1) by redesignating clause (iv) as clause (v); and
(2) by inserting after clause (iii) the following new clause:
``(iv) Procedures for appropriately responding to
changes in covered contractor or subcontractor beneficial
ownership status based on changes in disclosures of their
beneficial ownership and whether they are under FOCI and
the reports and examinations required by subparagraph
(A)(v).''.
(c) Timelines and Milestones for Implementation.--
(1) Implementation plan.--Not later than March 1, 2021, the
Secretary of Defense shall provide to the congressional defense
committees a plan and schedule for implementation of the
requirements of section 847 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1505; 10
U.S.C. 2509 note), as amended by this section, including--
(A) a timeline for issuance of regulations, development of
training for appropriate officials, and development of systems
for reporting of beneficial ownership and FOCI by covered
contractors or subcontractors;
(B) the designation of officials and organizations
responsible for such implementation; and
(C) interim milestones to be met in implementing the plan
and schedule.
(2) Revision of regulations, directives, guidance, training,
and policies.--Not later than July 1, 2021, the Secretary of
Defense shall revise relevant directives, guidance, training, and
policies, including revising the Department of Defense Supplement
to the Federal Acquisition Regulation, to fully implement the
requirements of such section 847.
(3) Definitions.--In this subsection, the term ``beneficial
ownership'', ``FOCI'', and ``covered contractors or
subcontractors'' have the meanings given, respectively, in section
847 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1505; 10 U.S.C. 2509 note).
(d) Technical Amendments.--Section 847 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1505; 10 U.S.C. 2509 note), as amended by this section, is further
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``contractors and
subcontractors'' and inserting ``covered contractors or
subcontractors''; and
(B) in paragraph (2)--
(i) by striking ``covered contractors and
subcontractors'' each place it appears and inserting
``covered contractors or subcontractors'';
(ii) in subparagraph (B)(iii), by striking ``a
contractor or subcontractor'' and inserting ``such a
covered contractor or subcontractor''; and
(iii) in subparagraph (C)(ii), by striking ``section
831(c)'' and inserting ``section 2509(c) of title 10,
United States Code''; and
(2) in subsection (c), by striking ``subsection (b)(2)(A) and
(b)(2)(C)'' and inserting ``subsections (b)(2)(A) and (b)(2)(C)''.
SEC. 820. CONTRACT CLOSEOUT AUTHORITY FOR SERVICES CONTRACTS.
Section 836(b) of the National Defense Authorization Act for Fiscal
Year 2017 (10 U.S.C. 2302 note) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) was entered into--
``(A) with respect to a contract or group of contracts not
described in subparagraph (B), at least 7 fiscal years before
the current fiscal year; and
``(B) with respect to a contract or group of contracts for
military construction (as defined in section 2801 of title 10,
United States Code) or shipbuilding, at least 10 fiscal years
before the current fiscal year;''; and
(2) by amending paragraph (2) to read as follows:
``(2) the performance or delivery has been completed at least 4
years before the current fiscal year; and''.
SEC. 821. REVISION OF PROOF REQUIRED WHEN USING AN EVALUATION
FACTOR FOR EMPLOYING OR SUBCONTRACTING WITH MEMBERS OF THE
SELECTED RESERVE.
Section 819 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3385; 10 U.S.C. 2305 note) is
amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
Subtitle C--Provisions Relating to Software and Technology
SEC. 831. CONTRACT AUTHORITY FOR DEVELOPMENT AND DEMONSTRATION OF
INITIAL OR ADDITIONAL PROTOTYPE UNITS.
(a) In General.--Section 2302e of title 10, United States Code, is
amended--
(1) in the heading, by striking ``advanced development'' and
inserting ``development and demonstration'';
(2) in subsection (a)(1), by striking ``provision of advanced
component development, prototype,'' and inserting ``development and
demonstration''; and
(3) by adding at the end the following new subsection:
``(c) Procedures.--The Secretary of Defense shall establish
procedures to collect and analyze information on the use and benefits
of the authority under this section and related impacts on performance,
affordability, and capability delivery.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 137 of title 10, United States Code, is amended by striking the
item relating to section 2302e and inserting the following new item:
``2302e. Contract authority for development and demonstration of initial
or additional prototype units.''.
SEC. 832. EXTENSION OF PILOT PROGRAM FOR STREAMLINED AWARDS FOR
INNOVATIVE TECHNOLOGY PROGRAMS.
Section 873(f) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2306a note) is amended by
striking ``October 1, 2020'' and inserting ``October 1, 2022''.
SEC. 833. LISTING OF OTHER TRANSACTION AUTHORITY CONSORTIA.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall maintain on the single Government-wide
point of entry described under section 1708 of title 41, United States
Code, a list of the consortia used by the Secretary to announce or
otherwise make available opportunities to enter into a transaction
under the authority of section 2371 of title 10, United States Code, or
a transaction for a prototype project under section 2371b of such
title.
SEC. 834. PILOT PROGRAM ON THE USE OF CONSUMPTION-BASED SOLUTIONS
TO ADDRESS SOFTWARE-INTENSIVE WARFIGHTING CAPABILITY.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Defense is authorized to establish a pilot program to
explore the use of consumption-based solutions to address software-
intensive warfighting capability.
(b) Selection of Initiatives.--Each Secretary of a military
department and each commander of a combatant command with acquisition
authority shall propose for selection by the Secretary of Defense for
the pilot program at least one and not more than three initiatives that
are well-suited to explore consumption-based solutions, to include
addressing software-intensive warfighting capability. The initiatives
may be new or existing programs of record, and may include applications
that--
(1) rapidly analyze sensor data;
(2) secure warfighter networks, including multilevel security;
(3) swiftly transport information across various networks and
network modalities;
(4) enable joint all-domain operational concepts, including in
a contested environment; or
(5) advance military capabilities and effectiveness.
(c) Requirements.--A contract or other agreement for consumption-
based solutions entered into under the pilot program shall require--
(1) the effectiveness of the solution to be measurable at
regular intervals customary for the type of solution provided under
contract or other agreement; and
(2) that the awardee notify the Secretary of Defense when
consumption under the contract or other agreement reaches 75
percent and 90 percent of the funded amount, respectively, of the
contract or other agreement.
(d) Exemption.--A modification to a contract or other agreement
entered into under this section to add new features or capabilities in
an amount less than or equal to 25 percent of the total value of such
contract or other agreement shall be exempt from the requirements of
full and open competition (as defined in section 2302 of title 10,
United States Code).
(e) Duration.--The duration of a contract or other agreement
entered into under this section may not exceed three years.
(f) Monitoring and Evaluation of Pilot Program.--The Director of
Cost Assessment and Program Evaluation shall continuously monitor and
evaluate the pilot program, including by collecting data on cost,
schedule, and performance from the program office, the user community,
and the awardees involved in the program.
(g) Reports.--
(1) Initial report.--Not later than May 15, 2021, the Secretary
of Defense shall submit to the congressional defense committees a
report on initiatives selected for the pilot program, roles, and
responsibilities for implementing the program, and the monitoring
and evaluation approach that will be used for the program.
(2) Progress report.--Not later than October 15, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report on the progress of the initiatives selected for
the pilot program.
(3) Final report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the cost, schedule,
and performance outcomes of the initiatives carried out under the
pilot program. The report shall also include lessons learned about
the use of consumption-based solutions for software-intensive
capabilities and any recommendations for statutory or regulatory
changes to facilitate the use of such solutions.
(h) Consumption-based Solution Defined.--In this section, the term
``consumption-based solution'' means any combination of software,
hardware or equipment, and labor or services that provides a seamless
capability that is metered and billed based on actual usage and
predetermined pricing per resource unit, and includes the ability to
rapidly scale capacity up or down.
SEC. 835. BALANCING SECURITY AND INNOVATION IN SOFTWARE DEVELOPMENT
AND ACQUISITION.
(a) Requirements for Solicitations of Commercial and Developmental
Solutions.--The Under Secretary of Defense for Acquisition and
Sustainment, in coordination with the Chief Information Officer of the
Department of Defense, shall develop requirements for appropriate
software security criteria to be included in solicitations for
commercial and developmental solutions and the evaluation of bids
submitted in response to such solicitations, including a delineation of
what processes were or will be used for a secure software development
life cycle. Such requirements shall include--
(1) establishment and enforcement of secure coding practices;
(2) management of supply chain risks and third-party software
sources and component risks;
(3) security of the software development environment;
(4) secure deployment, configuration, and installation
processes; and
(5) an associated vulnerability management plan and
identification of tools that will be applied to achieve an
appropriate level of security.
(b) Security Review of Code.--The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Chief Information
Officer of the Department of Defense, shall develop--
(1) procedures for the security review of code; and
(2) other procedures necessary to fully implement the pilot
program required under section 875 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2223 note).
(c) Coordination With Cybersecurity Acquisition Policy Efforts.--
The Under Secretary of Defense for Acquisition and Sustainment shall
develop the requirements and procedures described under subsections (a)
and (b) in coordination with the efforts of the Department of Defense
to develop new cybersecurity and program protection policies and
guidance that are focused on cybersecurity in the context of
acquisition and program management and on safeguarding information.
SEC. 836. DIGITAL MODERNIZATION OF ANALYTICAL AND DECISION-SUPPORT
PROCESSES FOR MANAGING AND OVERSEEING DEPARTMENT OF DEFENSE
ACQUISITION PROGRAMS.
(a) Digital Data Management and Analytics Capabilities.--
(1) In general.--The Secretary of Defense shall iteratively
develop and integrate advanced digital data management and
analytics capabilities, consistent with private sector best
practices, that--
(A) integrate all aspects of the defense acquisition
system, including the development of capability requirements,
research, design, development, testing, evaluation,
acquisition, management, operations, and sustainment of
systems;
(B) facilitate the management and analysis of all relevant
data generated during the development of capability
requirements, research, design, development, testing,
evaluation, acquisition, operations, and sustainment of
systems;
(C) enable the use of such data to inform further
development, acquisition, management and oversight of such
systems, including portfolio management; and
(D) include software capabilities to collect, transport,
organize, manage, make available, and analyze relevant data
throughout the life cycle of defense acquisition programs,
including any data needed to support individual and portfolio
management of acquisition programs.
(2) Requirements.--The capabilities developed under paragraph
(1) shall--
(A) be accessible to, and useable by, individuals
throughout the Department of Defense who have responsibilities
relating to activities described in clauses (A) through (C) of
paragraph (1);
(B) enable the development, use, curation, and maintenance
of original form and real-time digital systems by--
(i) ensuring shared access to data within the
Department;
(ii) supplying data to digital engineering models for
use in the defense acquisition, sustainment, and portfolio
management processes; and
(iii) supplying data to testing infrastructure and
software to support automated approaches for testing,
evaluation, and deployment throughout the defense
acquisition, sustainment, and portfolio management
processes; and
(C) feature--
(i) improved data management and sharing processes;
(ii) timely, high-quality, transparent, and actionable
analyses; and
(iii) analytical models and simulations.
(3) Enabling data infrastructure, tools, and processes.--In
developing the capability required under paragraph (1), the
Secretary of Defense shall--
(A) move supporting processes and the data associated with
such processes from analog to digital format, including
planning and reporting processes;
(B) make new and legacy data more accessible to, and usable
by, appropriate employees and contractors (at any tier) of the
Department of Defense and members of the Armed Forces,
including through migration of program and other documentation
into digital formats;
(C) modernize the query, collection, storage, retrieval,
reporting, and analysis capabilities for stakeholders within
the Department, including research entities, Program Management
Offices, analytic organizations, oversight staff, and decision
makers;
(D) automate data collection and storage to minimize or
eliminate manual data entry or manual reporting;
(E) enable employees and other appropriate users to access
data from all relevant data sources, including through--
(i) streamlining data access privileges;
(ii) sharing of appropriate data between and among
Federal Government and contractor information systems; and
(iii) enabling timely and continuous data collection
and sharing from all appropriate personnel, including
contractors;
(F) modernize existing enterprise information systems to
enable interoperability consistent with technical best
practices; and
(G) provide capabilities and platforms to enable continuous
development and integration of software using public and
private sector best practices.
(b) Portfolio Management.--The Secretary of Defense shall establish
capabilities for robust, effective, and data-driven portfolio
management described in subsection (a)(1)(C), using the capability
established in this section, 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.
(c) Demonstration Activities.--
(1) In general.--The Secretary of Defense shall carry out
activities to demonstrate the capability required under subsection
(a).
(2) Activity selection.--Not later than July 15, 2021, the
Secretary of Defense shall select decision support processes and
individual acquisition programs to participate in the demonstration
activities under paragraph (1), including--
(A) decision support processes, including--
(i) portfolio management as described in subsection
(b);
(ii) one or more acquisition data management test
cases; and
(iii) 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;
(B) individual acquisition programs representing--
(i) one or more defense business systems;
(ii) one or more command and control systems;
(iii) one or more middle tier of acquisition programs;
(iv) programs featuring a cost-plus contract type, and
a fixed-price contract type, and a transaction authorized
under section 2371 or 2371b of title 10, United States
Code; and
(v) at least one program in each military department.
(3) Execution of demonstration activities.--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 traditional data collection,
reporting, exposing, and analysis approaches of the Department;
(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.
(d) Policies and Guidance Required.--Not later than March 15, 2022,
based on the results of the demonstration activities carried out under
subsection (c), the Secretary of Defense shall issue or modify policies
and guidance to--
(1) promote the use of digital data management and analytics
capabilities; and
(2) address roles, responsibilities, and procedures relating to
such capabilities.
(e) 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 Deputy Secretary of Defense.
(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.
(J) Such other officials of the Department of Defense as
the Secretary determines appropriate.
(f) Independent Assessments.--
(1) Initial assessment.--
(A) In general.--The Defense Innovation Board, in
consultation with the Defense Digital Service, shall conduct an
independent assessment and cost-benefits analysis 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 capabilities 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, as well as an assessment of any potential cost
savings.
(iii) An independent estimate of the schedule for the
development approach, and order of priorities for
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 July 15, 2021, 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) Second assessment.--
(A) In general.--Not later than March 15, 2023, 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.
(g) Demonstrations and Briefing.--
(1) Demonstration of implementation.--Not later than October
20, 2021, the Secretary of Defense shall submit to the
congressional defense committees a demonstration and briefing on
the progress of the Secretary in implementing subsections (a)
through (c). The briefing shall include an explanation of how the
results of the demonstration activities carried out under
subsection (c) will be incorporated into the policy and guidance
required under subsection (d), particularly the policy and guidance
of the members of the steering committee established under
subsection (e).
(2) Briefing on legislative recommendations.--Not later than
February 1, 2022, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and 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).
(3) Demonstration of portfolio management.--In conjunction with
the budget of the President for fiscal year 2023 (as submitted to
Congress under section 1105(a) of title 21, United States Code),
the Deputy Secretary of Defense shall schedule a demonstration of
the portfolio management capability developed under subsection (b)
with the congressional defense committees.
SEC. 837. SAFEGUARDING DEFENSE-SENSITIVE UNITED STATES INTELLECTUAL
PROPERTY, TECHNOLOGY, AND OTHER DATA AND INFORMATION.
(a) In General.--The Secretary of Defense shall, in coordination
with relevant departments and agencies--
(1) identify policies and procedures protecting defense-
sensitive United States intellectual property, technology, and
other data and information, including hardware and software, from
acquisition by the government of China; and
(2) to the extent that the Secretary determines that such
policies and procedures are insufficient to provide such
protection, develop additional policies and procedures.
(b) Matters Considered.--In developing the policies and procedures
under subsection (a), the Secretary shall take the following actions:
(1) Establish and maintain a list of critical national security
technology that may require certain restrictions on current or
former employees, contractors, or subcontractors (at any tier) of
the Department of Defense that contribute to such technology.
(2) Review the existing authorities under which employees of
the Department of Defense may be subject to post-employment
restrictions with foreign governments and with organizations
subject to foreign ownership, control, or influence.
(3) Identify additional measures that may be necessary to
enhance the authorities described in paragraph (2).
(c) Post-employment Matters.--The Secretary shall consider
mechanisms to restrict current or former employees of contractors or
subcontractors (at any tier) of the Department of Defense that
contribute significantly and materially to a technology referred to in
subsection (b)(1) from working directly for companies wholly owned by
the government of China, or for companies that have been determined by
a cognizant Federal agency to be under the ownership, control, or
influence of the government of China.
SEC. 838. COMPTROLLER GENERAL REPORT ON IMPLEMENTATION OF SOFTWARE
ACQUISITION REFORMS.
(a) Report Required.--Not later than March 15, 2021, the
Comptroller General of the United States shall brief the congressional
defense committees on the implementation by the Secretary of Defense of
required acquisition reforms with respect to acquiring software for
weapon systems, business systems, and other activities that are part of
the defense acquisition system, with one or more reports based on such
briefing to be submitted to such committees, as jointly determined by
such committees and the Comptroller General.
(b) Elements.--The briefing and any reports required under
subsection (a) shall include an assessment of the extent to which the
Secretary of Defense has--
(1) implemented the recommendations set forth in--
(A) the final report of the Defense Innovation Board
submitted to the congressional defense committees under section
872 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 131 Stat. 1497);
(B) the final report of the Defense Science Board Task
Force on the Design and Acquisition of Software for Defense
Systems described in section 868 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 1902; 10 U.S.C. 2223a note); and
(C) other relevant studies on software research,
development, and acquisition activities of the Department of
Defense;
(2) carried out software acquisition activities, including
programs required under--
(A) section 2322a of title 10, United States Code; and
(B) section 875 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1503; 10
U.S.C. 2223 note);
(3) used the authority provided under section 800 of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1478; 10 U.S.C. 2223a); and
(4) carried out software acquisition pilot programs, including
pilot programs required under sections 873 and 874 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91;
10 U.S.C. 2223a note; 10 U.S.C. 2302 note).
(c) Assessment of Acquisition Policy, Guidance, and Practices.--
Each report required under subsection (a) shall include an assessment
of the extent to which the software acquisition policy, guidance, and
practices of the Department of Defense reflect implementation of--
(1) relevant recommendations from software studies and pilot
programs; and
(2) directives from the congressional defense committees.
(d) Defense Acquisition System Defined.--In this section, the term
``defense acquisition system'' has the meaning given that term in
section 2545(2) of title 10, United States Code.
SEC. 839. COMPTROLLER GENERAL REPORT ON INTELLECTUAL PROPERTY
ACQUISITION AND LICENSING.
(a) In General.--Not later than October 1, 2021, the Comptroller
General of the United States shall submit to the congressional defense
committees a report evaluating the implementation of Department of
Defense Instruction 5010.44 relating to Intellectual Property
Acquisition and Licensing (or successor instruction).
(b) Elements.--The report required under subsection (a) shall
assess the following:
(1) The extent to which the Department of Defense is fulfilling
the core principles established in such Instruction.
(2) The extent to which the Defense Acquisition University
(established under section 1746 of title 10, United States Code)
and elements of the Department of Defense (specified in paragraphs
(1) through (10) of section 111(b) of such title) are carrying out
the requirements of such Instruction.
(3) The progress of the Secretary of Defense in establishing a
cadre of intellectual property experts (as required under section
2322(b) of such title), including the extent to which members of
such cadre are executing their roles and responsibilities.
(4) The performance of the Secretary of Defense in assessing
and demonstrating the implementation of such Instruction, including
the effectiveness of the cadre described in paragraph (3).
(5) The effectiveness of the cadre described in paragraph (3)
in providing resources on the acquisition and licensing of
intellectual property.
(6) The effect implementation of such Instruction has had on
particular acquisitions.
(7) The extent to which feedback from appropriate stakeholders
was incorporated, including large and small businesses, traditional
and nontraditional defense contractors (as defined in section
2302(9) of title 10, United States Code), and maintenance and
repair organizations.
(8) Any other matters the Comptroller General determines
appropriate.
Subtitle D--Industrial Base Matters
SEC. 841. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT
BOARDS.
(a) In General.--Chapter 148 of title 10, United States Code, is
amended by inserting after section 2533c the following section:
``Sec. 2533d. Additional requirements pertaining to printed circuit
boards
``(a) In General.--
``(1) Beginning on January 1, 2023, the Secretary of Defense
may not acquire a covered printed circuit board from a covered
nation.
``(2) Paragraph (1) shall not apply with respect to any
acquisition of supplies or services below the micro-purchase
threshold under section 2338 of this title.
``(b) Waiver.--
``(1) The Secretary may waive the prohibition under subsection
(a) if the Secretary determines in writing that--
``(A) there are no significant national security concerns
regarding counterfeiting, quality, or unauthorized access
created by such waiver;
``(B) the waiver is required to support national security;
and
``(C) a covered printed circuit board of satisfactory
quality and sufficient quantity, in the required form, cannot
be procured as and when needed from nations other than a
covered nation at reasonable cost, excluding comparisons with
non-market economies.
``(2) Not later than 10 days after the Secretary provides a
waiver under paragraph (1), the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a written notice
setting forth the reasoning for the waiver, together with a copy of
the waiver itself.
``(c) Definitions.--In this section:
``(1) Covered nation.--The term `covered nation' means--
``(A) the Democratic People's Republic of North Korea;
``(B) the People's Republic of China;
``(C) the Russian Federation; and
``(D) the Islamic Republic of Iran.
``(2) Covered printed circuit board.--The term `covered printed
circuit board' means any partially manufactured or complete bare
printed circuit board or fully or partially assembled printed
circuit board that--
``(A) performs a mission critical function in any product
or service that is not a commercial product or commercial
service (as such terms are defined under sections 103 and 103a
of title 41, respectively); or
``(B) the Secretary designates as a covered printed circuit
board, after reasonable notice, based on a determination that
the designation is required to support national security.
``(3) Secretary.--The term `Secretary' means the Secretary of
Defense.
``(d) Rulemaking.--Not later than May 1, 2022, the Secretary shall
promulgate regulations, after an opportunity for notice and comment,
implementing this section.
``(e) Applicability.--This section shall apply only with respect to
contracts entered into after the issuance of a final rule implementing
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Department of Defense from entering into a
contract with an entity that connects to the facilities of a third
party, for the purposes of backhaul, roaming, or interconnection
arrangements, on the basis of the noncompliance by the third party with
the provisions of this section or use of equipment or services that do
not route or redirect user data traffic or permit visibility into any
user data or packets that such equipment transmits or otherwise
handles.''.
(b) Clerical Amendment.--The table of sections for subchapter V of
chapter 148 of title 10, United States Code, is amended by inserting
after the item relating to section 2533c the following:
``2533d. Additional requirements pertaining to printed circuit
boards.''.
(c) Trusted Supply.--The Secretary of Defense shall apply the
requirements of section 224 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2302 note) to the
acquisition of covered printed circuit boards (as such term is defined
under section 2533d(c) of title 10, United States Code, as added by
this section).
(d) Independent Assessment.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center under which the center will conduct an assessment of the
benefits and risks of expanding the prohibition in section 2533d(a)
and the definitions in section 2533d(c) of title 10, United States
Code, each as added by this section, to include printed circuit
boards in commercial products or services, or in commercially
available off-the-shelf products or services. The assessment shall
also include analysis and recommendations regarding the scope of
mission critical functions, as such term is used in such section.
(2) Submission to department of defense.--Not later than one
year after entering into the contract described in paragraph (1),
the federally funded research and development center that conducts
the assessment described in such paragraph shall submit to the
Secretary of Defense a report on the results of the assessment.
(3) Submission to congress.--Not later than 90 days after the
date on which the Secretary of Defense receives the report
described in paragraph (2), the Secretary shall submit to the
congressional defense committees an unaltered copy of the report,
together with any comments the Secretary may have with respect to
the report, as well as a summary of the recommendations of the
report. The comments of the Secretary, if any, and the summary of
recommendations shall be in an unclassified form, but the
submission may include a classified annex.
SEC. 842. REPORT ON NONAVAILABILITY DETERMINATIONS AND 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'';
(2) in subsection (a), as designated by paragraph (1), by
adding at the end the following new paragraph:
``(5) A detailed description of any use by the Secretary of Defense
or a Secretary concerned, as applicable, during the prior 12 months of
a waiver or exception to the sourcing requirements or prohibitions
established by chapter 83 of title 41 or subchapter V of chapter 148 of
this title, including--
``(A) the type of waiver or exception used; and
``(B) the reasoning for the use of each such waiver or
exception.''; and
(3) 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 industrial base supporting the Department of Defense,
describing challenges, gaps, and vulnerabilities in the defense
industrial base and commercial sector relevant to execution of defense
missions, and describing initiatives to address such challenges.
``(2) Each briefing under paragraph (1) shall include an update on
the progress of addressing such gaps or vulnerabilities by the
Secretary, the Secretary of the military department concerned, or the
appropriate head of a Defense Agency, including an update on--
``(A) actions taken to address such gaps or vulnerabilities;
``(B) policy changes necessary to address such gaps or
vulnerabilities; and
``(C) the proposed timeline for action and resources required
to address such gaps or vulnerabilities.''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of section 2504 of title
10, United States Code, 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 briefings.''.
SEC. 843. MODIFICATION OF FRAMEWORK FOR MODERNIZING ACQUISITION
PROCESSES TO ENSURE INTEGRITY OF INDUSTRIAL BASE AND INCLUSION OF
OPTICAL TRANSMISSION COMPONENTS.
(a) In General.-- Section 2509 of title 10, United States Code, is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting
``such as those identified through the supply chain risk
management process of the Department and by the Federal
Acquisition Security Council, and'' after ``supply chain
risks,''; and
(ii) in clause (ii), by striking ``(other than optical
transmission components)'';
(B) in subparagraph (C)--
(i) in clause (x), by striking ``; and'' and inserting
a semicolon;
(ii) by redesignating clause (xi) as clause (xii); and
(iii) by inserting after clause (x) the following new
clause:
``(xi) processes and procedures related to supply chain
risk management and processes and procedures implemented
pursuant to section 2339a of this title; and''; and
(C) by adding at the end the following new subparagraph:
``(E) Characterization and assessment of industrial base
support policies, programs, and procedures, including--
``(i) limitations and acquisition guidance relevant to the
national technology and industrial base (as defined in section
2500(1) of this title);
``(ii) limitations and acquisition guidance relevant to
section 2533a of this title;
``(iii) the Industrial Base Analysis and Sustainment
program of the Department, including direct support and common
design activities;
``(iv) the Small Business Innovation Research Program (as
defined in section 9(e) of the Small Business Act (15 U.S.C.
638(e));
``(v) the Manufacturing Technology Program established
under section 2521 of this title;
``(vi) programs relating to the Defense Production Act of
1950 (50 U.S.C. 4511 et seq.); and
``(vii) programs operating in each military department.'';
and
(2) in subsection (f)(2), by inserting ``, and supporting
policies, procedures, and guidance relating to such actions'' after
``subsection (b)''.
(b) Conforming Amendment.--Section 806 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2304 note) is
repealed.
SEC. 844. 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 5 years after the date of the enactment
of this Act.
SEC. 845. MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT OF GOODS
OTHER THAN UNITED STATES GOODS.
(a) In General.--Section 2534 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraphs (2) through (5) and
redesignating paragraph (6) as paragraph (3);
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) Components for naval vessels.--The following components
of vessels, to the extent they are unique to marine applications:
``(A) Gyrocompasses.
``(B) Electronic navigation chart systems.
``(C) Steering controls.
``(D) Propulsion and machinery control systems.
``(E) Totally enclosed lifeboats.'';
(C) in paragraph (3), as so redesignated, by striking
``subsection (k)'' and inserting ``subsection (j)''; and
(D) by adding at the end the following new paragraph:
``(4) Components for t-ao 205 class vessels.--The following
components of T-AO 205 class vessels:
``(A) Auxiliary equipment, including pumps, for all
shipboard services.
``(B) Propulsion system components, including engines,
reduction gears, and propellers.
``(C) Shipboard cranes.
``(D) Spreaders for shipboard cranes.'';
(2) by amending subsection (b) to read as follows:
``(b) Manufacturer in the National Technology and Industrial
Base.--A manufacturer meets the requirements of this subsection if the
manufacturer is part of the national technology and industrial base.'';
(3) in subsection (c)--
(A) by striking ``Items.--'' and all that follows through
``Subsection (a) does not apply'' and inserting ``Items.--
Subsection (a) does not apply''; and
(B) by striking paragraphs (2) though (5);
(4) in subsection (g)--
(A) by striking ``(1) This section'' and inserting ``This
section''; and
(B) by striking paragraph (2);
(5) in subsection (h), by striking ``subsection (a)(3)(B)'' and
inserting ``subsection (a)(2)'';
(6) in subsection (i)(3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment'';
(7) by striking subsection (j);
(8) by redesignating the first subsection designated subsection
(k) (relating to ``Limitation on Certain Procurements Application
Process'') as subsection (j); and
(9) in subsection (k) (relating to ``Implementation of
Auxiliary Ship Component Limitation''), by striking ``Subsection
(a)(6)'' and inserting ``Subsection (a)(3)''.
(b) Review of Select Components.--The Secretary of the Defense
shall expedite the review period under paragraph (3)(B) of section
2534(j) of title 10, United States Code, as redesignated by subsection
(a), to not more than 60 days for applications submitted pursuant to
such section 2534(j) for the following components for auxiliary ships:
(1) Auxiliary equipment, including pumps, for all shipboard
services.
(2) Propulsion system components, including engines, reduction
gears, and propellers.
(3) Shipboard cranes.
(4) Spreaders for shipboard cranes.
SEC. 846. IMPROVING IMPLEMENTATION OF POLICY PERTAINING TO THE
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) Assessment of Research and Development, Manufacturing, and
Production Capabilities.--
(1) In general.--In developing the strategy required by section
2501 of title 10, United States Code, carrying out the program for
analysis of the national technology and industrial base required by
section 2503 of such title, and performing the assessments required
under section 2505 of such title, the Secretary of Defense, in
consultation with the Under Secretary of Defense for Acquisition
and Sustainment and the Under Secretary of Research and
Engineering, shall assess the research and development,
manufacturing, and production capabilities of the national
technology and industrial base (as defined in section 2500 of such
title) and other allies and partner countries.
(2) Identification of specific technologies, companies,
laboratories, and factories.--The map of the industrial base
described in section 2504 of title 10, United States Code, shall
highlight specific technologies, companies, laboratories, and
factories of, or located in, the national technology and industrial
base of potential value to current and future Department of Defense
plans and programs.
(b) Policy and Guidance.--
(1) In general.--Section 2440 of title 10, United States Code
is amended--
(A) by amending the section heading to read as follows:
``National technology and industrial base plans, policy, and
guidance'';
(B) striking ``The Secretary'' and inserting the following:
``(a) In General.--The Secretary''; and
(C) by adding at the end the following new subsection:
``(b) Acquisition Policy and Guidance.--The Secretary of Defense
shall develop and promulgate acquisition policy and guidance to the
service acquisition executives, the heads of the appropriate Defense
Agencies and Department of Defense Field Activities, and relevant
program managers. Such policy and guidance shall be germane to the use
of the research and development, manufacturing, and production
capabilities identified pursuant to chapter 148 of this title and the
technologies, companies, laboratories, and factories in specific
Department of Defense research and development, international
cooperative research, procurement, and sustainment activities.''.
(2) Clerical amendments.--The table of sections at the
beginning of chapter 144 of title 10, United States Code, is
amended by striking the item relating to section 2440 and inserting
the following new item:
``2440. National technology and industrial base plans, policy, and
guidance.''.
(c) Responsibilities of the National Defense Technology and
Industrial Base Council.--Section 2502(c) 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 at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) collaboration with government officials of member
countries of the national technology and industrial base in order
to strengthen the national technology and industrial base.''.
(d) Recommendations for Additional Members of the National
Technology and Industrial Base.--
(1) In general.--The Secretary of Defense, in consultation with
the heads of any relevant Federal agencies, shall establish a
process to consider the inclusion of additional member countries in
the national technology and industrial base.
(2) Elements.--The process developed under paragraph (1) shall
include an analysis of--
(A) the national security and foreign policy impacts,
costs, and benefits to the United States and allied countries
of the inclusion of any such additional member countries in the
national technology and industrial base;
(B) the economic impacts, costs, and benefits to entities
within the United States and allied countries of the inclusion
of any such additional member countries into the national
technology and industrial base, including an assessment of--
(i) specific shortfalls in the technological and
industrial capacities of current member countries of the
national technology and industrial base that would be
addressed by inclusion of such additional member countries;
(ii) specific areas in the industrial bases of current
member countries of the national technology and industrial
base that would likely be impacted by additional
competition if such additional member countries were
included in the national technology and industrial base;
and
(iii) costs to reconstitute capability should such
capability be lost to competition; and
(C) other factors as determined relevant by the Secretary.
(3) Concurrence.--For the purposes of the process developed
under paragraph (1), the Secretary of Defense may recommend the
inclusion of an additional member country in the national
technology and industrial base only with the concurrence of the
Secretary of State.
SEC. 847. REPORT AND LIMITATION ON THE AVAILABILITY OF FUNDS
RELATING TO ELIMINATING THE GAPS AND VULNERABILITIES IN THE
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) In General.--Beginning January 1, 2021, if the Secretary of
Defense has not submitted to the congressional defense committees the
national security strategy for the national technology and industrial
base required by section 2501(a) of title 10, United States Code, not
more than 75 percent of the funds specified in subsection (b) may be
obligated or expended until the date on which the Secretary submits
such strategy to such committees.
(b) Funds Specified.--The funds specified in this subsection 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:
(1) The immediate office of the Secretary of Defense.
(2) The Office of the Under Secretary of Defense for
Acquisition and Sustainment.
SEC. 848. SUPPLY OF STRATEGIC AND CRITICAL MATERIALS FOR THE
DEPARTMENT OF DEFENSE.
(a) Preference for Sourcing From the National Technology and
Industrial Base.--The Secretary of Defense shall, to the maximum extent
practicable, acquire 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) Statement of Policy.--
(1) In general.--The Secretary of Defense shall pursue the
following goals:
(A) Not later than January 1, 2035, ensuring access to
secure sources of supply for strategic and critical materials
that will--
(i) fully meet the demands of the domestic defense
industrial base;
(ii) eliminate the dependence of the United States on
potentially vulnerable sources of supply for strategic and
critical materials; and
(iii) ensure that the Department of Defense is not
reliant upon potentially vulnerable sources of supply for
the processing or manufacturing of any strategic and
critical materials deemed essential to national security by
the Secretary of Defense.
(B) Provide incentives for the defense industrial base to
develop robust processing and manufacturing capabilities in the
United States to refine strategic and critical materials for
Department of Defense purposes.
(C) Maintain secure sources of supply for strategic and
critical materials required to maintain current military
requirements in the event that international supply chains are
disrupted.
(2) Methods.--The Secretary of Defense shall achieve the goals
described in paragraph (1) through--
(A) the development of guidance in consultation with
appropriate officials of the Department of State, the Joint
Staff, and the Secretaries of the military departments;
(B) the continued and expanded use of existing programs,
such as the National Defense Stockpile;
(C) the continued use of authorities under title III of the
Defense Production Act of 1950 (50 U.S.C. 4531 et seq.); and
(D) other methods, as the Secretary of Defense deems
appropriate.
SEC. 849. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS
SOURCING AND INDUSTRIAL CAPACITY.
(a) Analysis Required.--
(1) In general.--The Secretary of Defense, acting through the
Undersecretary of Defense for Acquisition and Sustainment and other
appropriate officials, shall review the items under subsection (c)
to determine and develop appropriate actions, consistent with the
policies, programs, and activities required under chapter 148 of
title 10, United States Code, chapter 83 of title 41, United States
Code, and the Defense Production Act of 1950 (50 U.S.C. 4501 et
seq.), including--
(A) restricting procurement, with appropriate waivers for
cost, emergency requirements, and non-availability of
suppliers, including restricting procurement to--
(i) suppliers in the United States;
(ii) suppliers in the national technology and
industrial base (as defined in section 2500 of title 10,
United States Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;
(B) increasing investment through use of research and
development or procurement activities and acquisition
authorities to--
(i) expand production capacity;
(ii) diversify sources of supply; or
(iii) promote alternative approaches for addressing
military requirements;
(C) prohibiting procurement from selected sources or
nations;
(D) taking a combination of actions described under
subparagraphs (A),(B), and (C); or
(E) taking no action.
(2) Considerations.--The analyses conducted pursuant to
paragraph (1) shall consider national security, economic, and
treaty implications, as well as impacts on current and potential
suppliers of goods and services.
(b) Reporting on Analyses, Recommendations, and Actions.--
(1) Interim brief.--Not later than January 15, 2022, the
Secretary of Defense shall submit to the congressional defense
committees--
(A) a summary of the findings of the analyses undertaken
for each item pursuant to subsection (a);
(B) relevant recommendations resulting from the analyses;
and
(C) descriptions of specific activities undertaken as a
result of the analyses, including schedule and resources
allocated for any planned actions.
(2) Reporting.--The Secretary of Defense shall include the
analyses conducted under subsection (a), and any relevant
recommendations and descriptions of activities resulting from such
analyses, as appropriate, in each of the following submitted during
the 2022 calendar year:
(A) The annual report to Congress required under section
2504 of title 10, United States Code.
(B) The annual report on unfunded priorities of the
national technology and industrial base required under section
2504a of such title.
(C) Department of Defense technology and industrial base
policy guidance prescribed under section 2506 of such title.
(D) Activities to modernize acquisition processes to ensure
integrity of industrial base pursuant to section 2509 of such
title.
(E) Defense memoranda of understanding and related
agreements considered in accordance with section 2531 of such
title.
(F) Industrial base or acquisition policy changes.
(G) Legislative proposals for changes to relevant statutes
which the Department shall consider, develop, and submit to the
Committees on Armed Services of the Senate and House of
Representatives not less frequently than once per fiscal year.
(H) Quarterly briefings on the national technology and
industrial base required under section 2504 of such title, as
amended by section 842 of this Act.
(I) Other actions as the Secretary of Defense determines
appropriate.
(c) List of High Priority Goods and Services for Analyses,
Recommendations, and Actions.--The items described in this subsection
are the following:
(1) Goods and services covered under existing restrictions,
where a waiver, exception, or domestic non-availability
determination has been applied.
(2) Printed circuit boards and other electronics components,
consistent with the requirements of other provisions of this Act.
(3) Pharmaceuticals, including active pharmaceutical
ingredients.
(4) Medical devices.
(5) Therapeutics.
(6) Vaccines.
(7) Diagnostic medical equipment and consumables, including
reagents and swabs.
(8) Ventilators and related products.
(9) Personal protective equipment.
(10) Strategic and critical materials, including rare earth
materials.
(11) Natural or synthetic graphite.
(12) Coal-based rayon carbon fibers.
(13) Aluminum and aluminum alloys.
SEC. 850. IMPLEMENTATION OF RECOMMENDATIONS FOR ASSESSING AND
STRENGTHENING THE MANUFACTURING AND DEFENSE INDUSTRIAL BASE AND
SUPPLY CHAIN RESILIENCY.
(a) Submission of Recommendations to Secretary of Defense.--In
order to fully implement the recommendations of the report of the
Interagency Task Force (established by the Department of Defense
pursuant to section 2 of Executive Order 13806 (82 Fed. Reg. 34597;
July 21, 2017)) titled ``Assessing and Strengthening the Manufacturing
and Defense Industrial Base and Supply Chain Resiliency of the United
States: Report to President Donald J. Trump by the Interagency Task
Force in Fulfillment of Executive Order 13806'' (September 2018), not
later than 540 days after the date of the enactment of this Act, the
Under Secretary of Defense for Acquisition and Sustainment shall submit
to the Secretary of Defense additional recommendations regarding United
States industrial policies. The additional recommendations shall
consist of specific executive actions, programmatic changes, regulatory
changes, and legislative proposals and changes, as appropriate.
(b) Scope of Assessment.--In developing the additional
recommendations required under subsection (a), the Under Secretary
shall--
(1) assess the macro forces and risk archetypes identified in
the report of the Interagency Task Force described in subsection
(a);
(2) evaluate the success of responsive actions undertaken; and
(3) identify any such recommendations that may require new
legislative authorities.
(c) Objectives.--The additional recommendations made pursuant to
subsection (a) shall--
(1) aim to expand the defense industrial base to leverage
contributions and capabilities of allies and partner countries;
(2) identify and preserve the viability of domestic and trusted
international suppliers; and
(3) strengthen the domestic industrial base, especially in
areas subject to the risk archetypes identified in the report of
the Interagency Task Force described in subsection (a).
(d) Consultation.--In developing the additional recommendations
required under subsection (a), the Under Secretary may engage through
appropriate mechanisms with--
(1) the Defense Science Board;
(2) the Defense Innovation Board;
(3) the Defense Business Board;
(4) entities representing industry interests; and
(5) entities representing labor interests.
(e) Submission of Recommendations to President.--Not later than 30
days after receiving the additional recommendations required under
subsection (a), the Secretary of Defense shall submit such
recommendations, together with any supplementary views or
recommendations, to the President, the Director of the Office of
Management and Budget, the Assistant to the President for National
Security Affairs, and the Director of the National Economic Council.
(f) Submission of Recommendations to Congress.--Not later than 30
days after submitting the recommendations under subsection (e), the
Secretary of Defense shall submit to and brief the congressional
defense committees on such recommendations.
SEC. 851. REPORT ON STRATEGIC AND CRITICAL MATERIALS.
(a) Report Required.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives an appendix to the annual report required in section
2504 of title 10, United States Code, due on March 1, 2021, describing
strategic and critical materials, including the gaps and
vulnerabilities in supply chains of such materials.
(b) Elements.--The Secretary of Defense shall include in the
appendix required in subsection (a) the following:
(1) An identification of the strategic and critical materials
that are currently used by the Department of Defense.
(2) To the extent practicable, an identification of the overall
annual tonnage of each strategic or critical material identified
pursuant to paragraph (1) that was used by the Department during
the 10-year period ending on December 31, 2020.
(3) An identification of domestic and international sources for
the strategic and critical materials identified pursuant to
paragraph (1).
(4) An identification of risks relating to access to the
strategic and critical materials identified pursuant to paragraph
(1) from supply chain disruptions due to geopolitical, economic,
and other vulnerabilities.
(5) An evaluation of the benefits of a robust domestic supply
chain for providing strategic and critical materials, as needed, to
manufacturers in the defense industrial base.
(6) An evaluation of the effects of the use of waivers by the
Strategic Materials Protection Board established under section 187
of title 10, United States Code, on the domestic supply of
strategic and critical materials.
(7) Recommendations for policies and procedures to ensure a
capability within the Department of Defense to secure strategic and
critical materials necessary for emerging technologies, as well as
antimicrobial products, minerals, and metals for use in medical
equipment and other technologies.
(8) An identification of improvements required to the National
Defense Stockpile in order to ensure the Secretary of Defense has
access to the strategic and critical materials identified pursuant
to paragraph (1).
(9) An evaluation of the domestic processing and manufacturing
capacity needed to supply the strategic and critical materials
identified pursuant to paragraph (1) to the Secretary of Defense in
an economic and secure manner.
(10) In consultation with the Director of the United States
Geological Survey, an identification of domestic locations with
existing commercial manufacturing interest that are already
verified to contain large supplies of the strategic and critical
materials identified pursuant to paragraph (1).
(11) An assessment of the feasibility of 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 the
supply chain for strategic and critical materials for the National
Defense Stockpile, including an identification of barriers to such
partnerships and recommendations for improving such partnerships.
(12) Any other matter relating to strategic and critical
materials that the Secretary considers appropriate.
(c) Form.--The appendix required in subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Strategic and Critical Materials Defined.--In this section, the
term ``strategic and critical materials'' means materials, including
rare earth elements, that are necessary to meet national defense and
national security requirements, including requirements relating to
supply chain resiliency, and for the economic security of the United
States.
SEC. 852. REPORT ON ALUMINUM REFINING, PROCESSING, AND
MANUFACTURING.
(a) In General.--In preparing the annual report required under
section 2504 of title 10, United States Code, due on March 1, 2022, the
Secretary of Defense shall include as an appendix to such report
information 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.
(b) Submission.--Not later than March 1, 2022, the Secretary of
Defense 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 the appendix described in subsection (a).
Subtitle E--Small Business Matters
SEC. 861. INITIATIVES TO SUPPORT SMALL BUSINESSES IN THE NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Industrial Base Policy (established
under section 903 of this Act) and other appropriate officials, in
carrying out the activities described under subchapter II of chapter
148 of title 10, United States Code, shall establish initiatives to
increase the effectiveness of the Department of Defense in specifically
leveraging small businesses to eliminate gaps and vulnerabilities in
the national technology and industrial base (as defined in section 2500
of title 10, United States Code) and expand the number of small
businesses in the national technology and industrial base.
(b) Initiatives.--
(1) Updates for small business strategy.--Not later than
October 1, 2022, and biennially thereafter, shall update the small
business strategy required under section 2283 of title 10, United
States Code, and provide such updated strategy to the congressional
defense committees.
(2) Implementation plan.--
(A) In general.--Not later than March 1, 2023, and
biennially thereafter, the Secretary of Defense shall develop
an implementation plan consistent with the most recent small
business strategy developed under such section 2283, and
provide such plan to the congressional defense committees.
(B) Elements.--The implementation plan described in
subparagraph (A) shall include an identification of the
following:
(i) Organizations responsible for implementation
activities.
(ii) Metrics to evaluate progress of implementation
activities.
(iii) Resources to support implementation activities.
(iv) Outcomes achieved as a result of executing the
previous small business strategy developed under such
section 2283.
(3) Mechanisms to assess and support small businesses in
national technology and industrial base.--The Secretary of Defense
shall--
(A) establish policies, procedures, and information
repositories to identify small businesses in the defense supply
chain, including--
(i) small businesses participating in an acquisition
program of a military department or Defense Agency (as
defined in section 101(11) of title 10, United States
Code);
(ii) small businesses contracting with the Defense
Logistics Agency; and
(iii) other small businesses in the national technology
and industrial base;
(B) establish policies and procedures to assess the
financial status of critical small businesses; and
(C) enter into an agreement with the acquisition research
organization within a civilian college or university that is
described under section 2361a(a) of title 10, United States
Code (commonly referred to as the ``Acquisition Innovation
Research Center''), to analyze mechanisms that could be
established to allow the Secretary of Defense to provide direct
financial support to critical small businesses that require
additional financial assistance, including critical small
businesses that are--
(i) contracting with the Defense Logistics Agency;
(ii) subcontractors (at any tier); or
(iii) in critical technology sectors.
(c) Reports.--
(1) Report on activities.--Not later than October 1, 2021, the
Assistant Secretary of Defense for Industrial Base Policy shall
submit to the appropriate committees a report on activities
undertaken pursuant to this section.
(2) Implementation plan for 2019 small business strategy.--Not
later than June 1, 2021, the Secretary of Defense shall submit an
implementation plan for the small business strategy required under
section 2283 of title 10, United States Code, and dated October 1,
2019, including an identification of specific responsible
individuals and organizations, milestones and metrics, and
resources to support activities identified in the implementation
plan.
(d) Small Business Defined.--In this section, the term ``small
business'' has the meaning given by the Secretary of Defense, except
that such term shall include prime contractors and subcontractors (at
any tier).
SEC. 862. 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 Act.
(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), by striking ``the Secretary under
subsection (f)'' and inserting ``the Administrator under
section 36 of the Small Business Act'';
(B) in subsection (f)--
(i) by striking ``the Secretary'' each place it
appears, except in the last place it appears in 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'' and inserting ``small business
concerns owned and controlled by service-disabled
veterans'';
(iii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking ``to access'' and inserting
``to obtain from the Secretary of Veterans
Affairs''; and
(bb) by inserting ``, United States Code,''
after ``title 5''; 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, the verification of such status; 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) in paragraph (3), by striking ``such veterans''
and inserting ``a veteran described in paragraph (1)'';
(v) by striking paragraphs (4) and (7);
(vi) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively, and redesignating
paragraph (8) as paragraph (6);
(vii) in paragraph (4), as so redesignated, by striking
``The Secretary'' and inserting ``The Administrator''; and
(viii) 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 subsection (g) of this section)'';
(bb) by striking ``verification'' and inserting
``certification''; and
(cc) by striking ``the Small Business
Administration (as established under section 5(i)
of the Small Business Act)'' and inserting ``the
Administration (as established under section
5(i))'';
(II) in subparagraph (B)--
(aa) in clause (i)--
(AA) 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) by striking ``of the Small Business
Administration''; 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 subsections (k) (relating to
limitations on subcontracting) and (l) (relating to
definitions) as subsections (l) and (m), respectively;
(D) by inserting after subsection (j) (relating to annual
reports) the following new subsection:
``(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) in subsection (m) (relating to definitions), as so
redesignated--
(i) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively; and
(ii) by inserting before paragraph (2), as so
redesignated, the following new paragraph:
``(1) 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), and 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 ``maintained by the Secretary
under section 8127(f) of this title'' and inserting
``maintained by the Administrator of the Small Business
Administration under section 36 of the Small Business Act''.
(c) Additional Requirements for Database.--
(1) Administrator access to database before the transfer
date.--During the period between the date of the enactment of this
Act 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 redesignating subsection (d) as paragraph (3),
adjusting the margin accordingly, and transferring such
paragraph to subsection (h) of such section, as added by
subparagraph (F) of this paragraph, so as to appear after
paragraph (2);
(B) by striking subsection (e);
(C) by redesignating subsections (a), (b), and (c) as
subsections (c), (d), and (e) respectively;
(D) by inserting before subsection (c), as so redesignated,
the following new subsections:
``(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 a concern as a small business
concern owned and controlled by service-disabled veterans; and
``(2) require the periodic recertification of such status.'';
(E) in subsection (d), as so redesignated, by inserting
``certified under subsection (b)'' before ``if the contracting
officer'';
(F) by adding at the end the following new subsections:
``(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.--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).
``(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.''; and
(G) in paragraph (3) of subsection (h), as redesignated and
transferred by subparagraph (A) of this paragraph, by inserting
``and section 36A'' before the period at the end.
(2) Penalties for misrepresentation.--Section 16 of the Small
Business Act (15 U.S.C. 645) is amended--
(A) in subsection (d)(1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking the comma that immediately follows
another comma; and
(II) by striking ``, a `small'' and inserting ``, a
`small business concern owned and controlled by
service-disabled veterans', a `small business concern
owned and controlled by veterans', a `small''; and
(ii) in subparagraph (A), by striking ``9, 15, or 31''
and inserting ``8, 9, 15, 31, 36, or 36A''; and
(B) in subsection (e)--
(i) by striking the comma that immediately follows
another comma; and
(ii) by striking ``, a `small'' and inserting ``, a
`small business concern owned and controlled by service-
disabled veterans', a `small business concern owned and
controlled by veterans', a `small''.
(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 a 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 section 36
(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).''.
(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 (as defined under section 3 of the Small
Business Act (15 U.S.C. 632)) that self-certified as a small
business concern owned and controlled by service-disabled veterans
(as defined in section 36 of such Act (15 U.S.C. 657f)) 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 and the amendments made by this section, including the
transfer date, and make such notice publicly available, on the date
of the enactment of this Act.
(g) Transfer of the Center for Verification and Evaluation of the
Department of Veterans Affairs to the Small Business Administration.--
(1) Definition.--In this subsection, the term ``function''--
(A) means any duty, obligation, power, authority,
responsibility, right, privilege, activity, or program; and
(B) does not include employees.
(2) Abolishment.--The Center for Verification and Evaluation of
the Department of Veterans Affairs, as defined under section 74.1
of title 38, Code of Federal Regulations, is abolished effective on
the transfer date.
(3) Transfer of functions.--Effective on the transfer date, all
functions that, immediately before the transfer date, were
functions of the Center for Verification and Evaluation shall be
functions of the Small Business Administration.
(4) Transfer of assets.--So much of the property (including
contracts for the procurement of property or services) and records
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.
(5) Savings provisions.--
(A) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(i) which have been issued, made, granted, or allowed
to become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction,
in the performance of functions which are transferred under
this subsection; and
(ii) which are in effect on the transfer date, or were
final before the transfer date and are to become effective
on or after the transfer date,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Administrator of the
Small Business Administration or other authorized official, a
court of competent jurisdiction, or by operation of law.
(B) Proceedings not affected.--The provisions of this
subsection shall not affect any proceedings, including notices
of proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before the
Department of Veterans Affairs on the transfer date, with
respect to functions transferred by this subsection but such
proceedings and applications shall be continued. Orders shall
be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders,
as if this subsection had not been enacted, and orders issued
in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this subparagraph shall be
deemed to prohibit the discontinuance or modification of any
such proceeding under the same terms and conditions and to the
same extent that such proceeding could have been discontinued
or modified if this subsection had not been enacted.
(C) Suits not affected.--The provisions of this subsection
shall not affect suits commenced before the transfer date, and
in all such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the same effect
as if this subsection had not been enacted.
(D) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Department of Veterans
Affairs, or by or against any individual in the official
capacity of such individual as an officer of the Department of
Veterans Affairs, shall abate by reason of the enactment of
this subsection.
(E) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Department
of Veterans Affairs relating to a function transferred under
this subsection may be continued by the Administrator of the
Small Business Administration with the same effect as if this
subsection had not been enacted.
(F) Effect on personnel.--The Secretary of Veterans Affairs
shall appoint any employee represented by a labor organization
accorded exclusive recognition under section 7111 of title 5,
United States Code, that is affected by the transfer of
functions under this subsection to a position of a continuing
nature for which the employee is qualified, at a grade and
compensation not lower than the current grade and compensation
of the employee.
(6) 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
subsection is deemed, after the transfer date, to refer to the
Small Business Administration.
(h) Report.--Not later than 1 year after the date of the enactment
of this Act, and every 6 months thereafter until the transfer date, the
Administrator of the Small Business Administration and Secretary of
Veterans Affairs shall jointly submit to the Committee on
Appropriations, the Committee on Small Business, and the Committee on
Veterans' Affairs of the House of Representatives and the Committee on
Appropriations, the Committee on Small Business and Entrepreneurship,
and the Committee on Veterans' Affairs of the Senate a report 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,
which shall include--
(1) a discussion of 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. 863. EMPLOYMENT SIZE STANDARD REQUIREMENTS FOR SMALL BUSINESS
CONCERNS.
(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 section and the amendments made by this
section shall take effect 1 year after the date of the enactment of
this Act.
SEC. 864. MAXIMUM AWARD PRICE FOR SOLE SOURCE MANUFACTURING
CONTRACTS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 8 (15 U.S.C. 637)--
(A) in subsection (a)(1)(D)(i)(II), by striking
``$5,000,000'' and inserting ``$7,000,000''; and
(B) in subsection (m)--
(i) in paragraph (7)(B)(i), by striking ``$6,500,000''
and inserting ``$7,000,000''; and
(ii) in paragraph (8)(B)(i), by striking ``$6,500,000''
and inserting ``$7,000,000'';
(2) in section 31(c)(2)(A)(ii)(I) (15 U.S.C.
657a(c)(2)(A)(ii)(I)), by striking ``$5,000,000'' and inserting
``$7,000,000''; and
(3) in section 36(c)(2)(A), as so redesignated by section
862(d)(1)(C), by striking ``$5,000,000'' and inserting
``$7,000,000''.
SEC. 865. REPORTING REQUIREMENT ON EXPENDITURE AMOUNTS FOR THE
SMALL BUSINESS INNOVATION RESEARCH PROGRAM AND THE SMALL BUSINESS
TECHNOLOGY TRANSFER PROGRAM.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
(1) in subsection (b)(7)--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) in subparagraph (G), by adding ``and'' after the
semicolon at the end; and
(C) by adding at the end the following:
``(H) with respect to a Federal agency to which subsection
(f)(1) or (n)(1) applies, whether the Federal agency has
complied with the applicable subsection for the year covered by
the report;'';
(2) in subsection (g)(10), by inserting ``, which section shall
describe whether or not the Federal agency complied with the
requirements of subsection (f) for the year covered by that plan
and include a justification for failure to comply (if
applicable),'' after ``a section on its SBIR program''; and
(3) in subsection (o)(8), by inserting ``, which section shall
describe whether or not the Federal agency complied with the
requirements of subsection (n) for the year covered by that plan
and include a justification for failure to comply (if
applicable),'' after ``a section on its STTR program''.
SEC. 866. SMALL BUSINESSES IN TERRITORIES OF THE UNITED STATES.
(a) Definition of Covered Territory Business.--
(1) In general.--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.''.
(2) Conforming amendment.--Section 15(x) of the Small Business
Act (15 U.S.C. 644(x)) is amended by striking paragraph (3).
(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 subclause (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 the enactment of this item
and ending on the date that is 4 years after such date of
enactment.''; and
(2) in subclause (II)--
(A) by inserting ``or a covered territory business'' after
``a Puerto Rico business''; and
(B) by striking ``the Puerto Rico business'' each place it
appears and inserting ``either 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 the 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. 867. 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. 868. 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 new paragraph:
``(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 a small business
concern), the Administrator shall establish regulations--
``(A) allowing the small business concern to elect to use
the past performance of the joint venture if the small business
concern has no relevant past performance of its own;
``(B) requiring the small business concern, when making an
election under subparagraph (A)--
``(i) to identify to the contracting officer the joint
venture of which the small business concern was a member;
and
``(ii) to inform the contracting officer what duties
and responsibilities the small business concern carried out
as part of the joint venture; and
``(C) requiring a contracting officer, if the small
business concern makes an election under subparagraph (A), to
consider the past performance of the joint venture when
evaluating the past performance of the small business concern,
giving due consideration to the information provided under
subparagraph (B)(ii).''.
(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)(l7)) is amended to read as follows:
``(17) Past performance ratings for certain small business
subcontractors.--Upon request by a small business concern that
performed as a first tier subcontractor on a covered contract (as
defined in paragraph (13)(A)), the prime contractor for such
covered contract shall submit to such small business concern a
record of past performance for such small business concern with
respect to such covered contract. If a small business concern
elects to use such record of past performance, a contracting
officer shall consider such record of past performance when
evaluating an offer for a prime contract made by such small
business concern.''.
(c) Rulemaking.--Not later than 120 days after the date of the
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.
SEC. 869. 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 September 9, 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. 870. COMPLIANCE OF OFFICES OF SMALL BUSINESS AND DISADVANTAGED
BUSINESS UTILIZATION.
(a) Report.--If the Comptroller General of the United States has
determined that a Director of Small and Disadvantaged Business
Utilization of a Federal agency is not in compliance with the
requirements of section 15(k) of the Small Business Act (15 U.S.C.
644(k)), such Director shall submit, not later than the specified date,
to the Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of Representatives a
report that includes the reasons for such noncompliance and the
specific actions the Director shall take to remedy such noncompliance.
(b) Specified Date Defined.--In this section, the term ``specified
date'' means the later of--
(1) the date that is 120 days after the date on which a
determination is made under subsection (a); and
(2) 120 days after the date of the enactment of this Act.
SEC. 871. 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 procuring 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 section, the term
``category management'' has the meaning given by the Director of the
Office of Management and Budget.
Subtitle F--Other Matters
SEC. 881. REVIEW OF AND REPORT ON OVERDUE ACQUISITION AND CROSS-
SERVICING AGREEMENT TRANSACTIONS.
(a) Review.--The Secretary of Defense, acting through the official
designated to provide oversight of acquisition and cross-servicing
agreements under section 2342(f) of title 10, United States Code, shall
conduct a review of acquisition and cross-servicing agreement
transactions for which reimbursement to the United States is overdue
under section 2345 of such title.
(b) Report.--
(1) In general.--Not later than March 1, 2021, the designated
official described in subsection (a) shall submit to the
congressional defense committees a report on the results of the
review of acquisition and cross-servicing agreement transactions
described in such subsection.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) For each such transaction valued at $1,000,000 or more
for which reimbursement to the United States was overdue as of
October 1, 2020--
(i) the total amount of the transaction;
(ii) the unreimbursed balance of the transaction;
(iii) the date on which the transaction was originally
made;
(iv) the date on which the most recent request for
payment was sent to the relevant foreign government or
international organization; and
(v) a plan for securing reimbursement from the foreign
government or international organization.
(B) A description of the steps taken to implement the
recommendations made in the March 4, 2020, report of the
Government Accountability Office titled ``Defense Logistics
Agreements: DOD Should Improve Oversight and Seek Payment from
Foreign Partners for Thousands of Orders It Identifies as
Overdue'', including efforts to validate data reported under
this subsection and in the system of the Department of Defense
to record data on acquisition and cross-servicing agreement
transactions.
(C) The amount of reimbursement received from a foreign
government or international organization, as applicable, for
each order--
(i) for which the reimbursement is recorded as overdue
in the system of the Department of Defense to record data
on acquisition and cross-servicing agreement transactions;
and
(ii) that was authorized during the period beginning on
October 1, 2013, and ending on September 30, 2020.
(D) A plan for improving recordkeeping of acquisition and
cross-servicing agreement transactions and ensuring timely
reimbursement by a foreign government or international
organization.
(E) Any other matter considered relevant by the designated
official described in subsection (a).
SEC. 882. DOMESTIC COMPARATIVE TESTING ACTIVITIES.
Section 2350a(g) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``conventional defense equipment,
munitions, and technologies manufactured and developed by
countries referred to in subsection (a)(2)'' and inserting
``covered equipment, munitions, and technologies''; and
(ii) by striking ``such equipment, munitions, and
technologies'' and inserting ``such covered equipment,
munitions, and technologies''; and
(B) in subparagraph (B), by inserting ``such covered''
before ``equipment, munitions, and technologies'';
(2) in paragraph (2), by striking ``equipment, munitions, and
technologies of the type described in paragraph (1)'' and inserting
``covered equipment, munitions, and technologies''; and
(3) by adding at the end the following new paragraph:
``(4) Covered Equipment, Munitions, and Technologies Defined.--In
this subsection, the term `covered equipment, munitions, and
technologies' means--
``(A) conventional defense equipment, munitions, and technologies
manufactured and developed by countries referred to in subsection
(a)(2); and
``(B) conventional defense equipment, munitions, and technologies
manufactured and developed domestically.''.
SEC. 883. PROHIBITION ON AWARDING OF CONTRACTS TO CONTRACTORS THAT
REQUIRE NONDISCLOSURE AGREEMENTS RELATING TO WASTE, FRAUD, OR
ABUSE.
(a) In General.--The Secretary of Defense may not award a contract
for the procurement of goods or services to a contractor unless the
contractor represents that--
(1) it does not require its employees to sign internal
confidentiality agreements or statements that would prohibit or
otherwise restrict such employees from lawfully reporting waste,
fraud, or abuse related to the performance of a Department of
Defense contract to a designated investigative or law enforcement
representative of the Department of Defense authorized to receive
such information; and
(2) it will inform its employees of the limitations on
confidentiality agreements and other statements described in
paragraph (1).
(b) Reliance on Representation.--A contracting officer of the
Department of Defense may rely on the representation of a contractor as
to the requirements described under subsection (a) in awarding a
contract unless the officer has reason to question the accuracy of the
representation.
SEC. 884. 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. 885. DISCLOSURE OF BENEFICIAL OWNERS IN DATABASE FOR FEDERAL
AGENCY CONTRACT AND GRANT OFFICERS.
Section 2313(d) of title 41, United States Code, is amended--
(1) in paragraph (3), by inserting ``, and an identification of
any beneficial owner of such corporation,'' after ``to the
corporation''; and
(2) by adding at the end the following new paragraph:
``(4) Definitions.--In this subsection:
``(A) Beneficial ownership.--The term `beneficial
ownership' has the meaning given under section 847 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1505; 10 U.S.C. 2509 note).
``(B) Corporation.--The term `corporation' means any
corporation, company, limited liability company, limited
partnership, business trust, business association, or other
similar entity.''.
SEC. 886. REPEAL OF PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED
GOVERNMENT ACCOUNTABILITY OFFICE BID PROTESTS.
Section 827 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1467; 10 U.S.C. 2304 note) is
repealed.
SEC. 887. 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 ``December 31, 2021'' each place it appears and
inserting ``December 31, 2022''; and
(2) by adding at the end the following new paragraph:
``(3) Applicability.--The requirements of this subsection apply
only to foreign military sales processes within the Department of
Defense.''.
SEC. 888. REVISION TO REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS
FOR FOREIGN MILITARY SALES.
Section 830 of the National Defense Authorization Act for Fiscal
Year 2017 (22 U.S.C. 2762 note) is repealed.
SEC. 889. ASSESSMENT AND ENHANCEMENT OF NATIONAL SECURITY
INNOVATION BASE.
(a) In General.--The Secretary of Defense shall assess the economic
forces and structures shaping the capacity of the national security
innovation base, and develop policies to address such forces and
structures.
(b) Elements.--The assessment required under subsection (a) shall
review the following matters as they pertain to the innovative and
manufacturing capacity of the national security innovation base:
(1) A detailed description of the entities comprising the
national security innovation base and how they currently interact.
(2) Competition and antitrust policy.
(3) Immigration policy, including the policies germane to the
attraction and retention of skilled immigrants.
(4) Education funding and policy.
(5) Demand stabilization and social safety net policies.
(6) The structure and incentives of financial markets and the
effects of such on the access of businesses to credit.
(7) Trade policy, including export control policy and trade
remedies.
(8) The tax code and its effect on investment, including the
Federal research and development tax credit.
(9) Regulatory policy, including with respect to land use,
environmental impact, and construction and manufacturing
activities.
(10) Economic and manufacturing infrastructure.
(11) Intellectual property policy.
(12) Federally funded investments in the economy, including
investments in research and development and advanced manufacturing.
(13) Federally funded purchases of goods and services.
(14) Federally funded investments to expand domestic
manufacturing capabilities.
(15) Coordination and collaboration with allies and partners.
(16) Measures to protect technological advantages over
adversaries and to counteract hostile or destabilizing activity by
adversaries.
(17) Other matters as the Secretary of Defense deems
appropriate.
(c) Engagement With Certain Entities.--In conducting the assessment
required under subsection (a), the Secretary of Defense shall engage
through appropriate mechanisms with--
(1) the Defense Science Board;
(2) the Defense Innovation Board;
(3) the Defense Business Board;
(4) entities representing industry interests; and
(5) entities representing labor interests.
(d) Submission of Assessment.--Not later than March 1, 2022, the
Secretary of Defense shall submit to the President, the Director of the
Office of Management and Budget, the Assistant to the President for
National Security Affairs, the Director of the National Economic
Council, and the congressional defense committees the assessment
required under subsection (a), together with recommendations and any
additional views of the Secretary.
SEC. 890. IDENTIFICATION OF CERTAIN CONTRACTS RELATING TO
CONSTRUCTION OR MAINTENANCE OF A BORDER WALL.
With respect to contract actions reported to the Federal
Procurement Data system established pursuant to section 1122(a)(4) of
title 41, United States Code (or any successor system), the Secretary
of Defense shall identify any contracts (including any task order
contract (as 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 greater than or equal to $7,000,000.
SEC. 891. WAIVERS OF CERTAIN CONDITIONS FOR PROGRESS PAYMENTS UNDER
CERTAIN CONTRACTS DURING THE COVID-19 NATIONAL EMERGENCY.
(a) Waiver of Progress Payments Requirements.--The Secretary of
Defense may waive the requirements of section 2307(e)(2) of title 10,
United States Code, with respect to progress payments for any
undefinitized contractual action (as defined in section 2326 of title
10, United States Code; in this section referred to as ``UCA'') if the
Secretary determines that the waiver is necessary due to the national
emergency for the Coronavirus Disease 2019 (COVID-19) and--
(1) a contractor performing the contract for which a UCA is
entered into has not already received increased progress payments
from the Secretary of Defense on contractual actions other than
UCAs; or
(2) a contractor performing the contract for which a UCA is
entered into, and that has received increased progress payments
from the Secretary of Defense on contractual actions other than
UCAs, can demonstrate that the contractor has promptly provided the
amount of the increase to any subcontractors (at any tier), small
business concerns (as defined under section 3 of the Small Business
Act (15 U.S.C. 632)), or suppliers of the contractor.
(b) Definitization.--With respect to a UCA that not been
definitized for a period of 180 days beginning on the date on which
such UCA was entered into, the Secretary of Defense may only use the
waiver authority described in subsection (a) if the Secretary (or a
designee at a level not below the head of a contracting activity)
provides a certification to the congressional defense committees that
such UCA will be definitized within 60 days after the date on which the
waiver is issued.
(c) Submission.--For each use of the waiver authority under
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees an estimate of the amounts to be
provided to subcontractors (at any tier), small business concerns, and
suppliers, including an identification of the specific entities
receiving an amount from an increased progress payment described under
such subsection (a).
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 of the
Department of Defense.
Sec. 902. Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and related matters.
Sec. 903. Assistant Secretary of Defense for Industrial Base Policy.
Sec. 904. Assistant Secretary of Defense for Energy, Installations, and
Environment.
Sec. 905. Office of Local Defense Community Cooperation.
Sec. 906. Input from the Vice Chief of the National Guard Bureau to the
Joint Requirements Oversight Council.
Sec. 907. Assignment of responsibility for the Arctic region within the
Office of the Secretary of Defense.
Sec. 908. Modernization of process used by the Department of Defense to
identify, task, and manage Congressional reporting
requirements.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Reform of the Department of Defense.
Sec. 912. Limitation on reduction of civilian workforce.
Sec. 913. Chief Diversity Officer and Senior Advisors for Diversity and
Inclusion.
Sec. 914. Limitation on consolidation or transition to alternative
content delivery methods within the Defense Media Activity.
Subtitle C--Space Force Matters
Sec. 921. Office of the Chief of Space Operations.
Sec. 922. Clarification of Space Force and Chief of Space Operations
authorities.
Sec. 923. Amendments to Department of the Air Force provisions in title
10, United States Code.
Sec. 924. Amendments to other provisions of title 10, United States
Code.
Sec. 925. Amendments to provisions of law relating to pay and
allowances.
Sec. 926. Amendments to provisions of law relating to veterans'
benefits.
Sec. 927. Amendments to other provisions of the United States Code and
other laws.
Sec. 928. Applicability to other provisions of law.
Sec. 929. Temporary exemption from authorized daily average of members
in pay grades E-8 and E-9.
Sec. 930. Limitation on transfer of military installations to the
jurisdiction of the Space Force.
Sec. 931. Organization of the Space Force.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. REPEAL OF POSITION OF CHIEF MANAGEMENT OFFICER OF THE
DEPARTMENT OF DEFENSE.
(a) Repeal of Position.--
(1) In general.--Section 132a of title 10, United States Code
is repealed.
(2) Conforming repeals.--The following provisions of law are
repealed:
(A) Paragraph (2) of section 131(b) of title 10, United
States Code.
(B) Section 910 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1516).
(3) Clerical amendment.--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.
(4) Effective date.--The repeals and amendments made by this
subsection shall take effect on the date of the enactment of this
Act.
(b) Implementation.--Not later than one year after the date of the
enactment of this Act--
(1) each duty or responsibility that remains assigned to the
Chief Management Officer of the Department of Defense shall be
transferred to an officer or employee of the Department of Defense
designated by the Secretary of Defense, except that any officer or
employee so designated may not be an individual who served as the
Chief Management Officer before the date of the enactment of this
Act; and
(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
considers appropriate.
(c) References.--Any reference in any law, regulation, guidance,
instruction, or other document of the Federal Government to the Chief
Management Officer of the Department of Defense shall be deemed to
refer to the applicable officer or employee of the Department of
Defense designated by the Secretary of Defense under subsection (b)(1).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that sets forth such
recommendations for legislative action as the Secretary considers
appropriate for modifications to law to carry out this section and the
repeals and amendments made by this section.
SEC. 902. ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND
LOW INTENSITY CONFLICT AND RELATED MATTERS.
(a) In General.--
(1) Clarification of chain of administrative command.--Section
138(b)(2) of title 10, United States Code, is amended--
(A) by redesignating clauses (i), (ii), and (iii) of
subparagraph (B) as subclauses (I), (II), and (III),
respectively;
(B) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(C) by inserting ``(A)'' after ``(2)'';
(D) in clause (i) of subparagraph (A), as redesignated by
this paragraph, by inserting before the period at the end the
following: ``through the administrative chain of command
specified in section 167(f) of this title;'' and
(E) by adding at the end the following new subparagraph:
``(B) In the discharge of the responsibilities specified in
subparagraph (A)(i), the Assistant Secretary is immediately subordinate
to the Secretary of Defense. Unless otherwise directed by the
President, no officer below the Secretary may intervene to exercise
authority, direction, or control over the Assistant Secretary in the
discharge of such responsibilities.''.
(2) Technical amendment.--Subparagraph (A) of such section, as
redesignated by paragraph (1), is further amended in the matter
preceding clause (i), as so redesignated, by striking ``section
167(j)'' and inserting ``section 167(k)''.
(b) Fulfillment of Special Operations Responsibilities.--
(1) In general.--Section 139b of title 10, United States Code,
is amended to read as follows:
``Sec. 139b. Secretariat for Special Operations; Special Operations
Policy and Oversight Council
``(a) Secretariat for Special Operations.--
``(1) In general.--In order to fulfill the responsibilities of
the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict specified in section 138(b)(2)(A)(i) of this
title, there shall be within the Office of the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict an
office to be known as the `Secretariat for Special Operations'.
``(2) Purpose.--The purpose of the Secretariat is to assist the
Assistant Secretary in exercising authority, direction, and control
with respect to the special operations-peculiar administration and
support of the special operations command, including the readiness
and organization of special operations forces, resources and
equipment, and civilian personnel as specified in such section.
``(3) Director.--The Director of the Secretariat for Special
Operations shall be appointed by the Secretary of Defense from
among individuals qualified to serve as the Director. An individual
serving as Director shall, while so serving, be a member of the
Senior Executive Service.
``(4) Administrative chain of command.--For purposes of the
support of the Secretariat for the Assistant Secretary in the
fulfillment of the responsibilities referred to in paragraph (1),
the administrative chain of command is as specified in section
167(f) of this title. Unless otherwise directed by the President,
no officer below the Secretary of Defense (other than the Assistant
Secretary) may intervene to exercise authority, direction, or
control over the Secretariat in its support of the Assistant
Secretary in the discharge of such responsibilities.
``(b) Special Operations Policy and Oversight Council.--
``(1) In general.--In order to fulfill the responsibilities
specified in section 138(b)(2)(A)(i) of this title, the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict shall establish and lead a team known as the `Special
Operation Policy and Oversight Council' (in this subsection
referred to as the `Council').
``(2) Purpose.--The purpose of the Council is to integrate the
functional activities of the headquarters of the Department of
Defense in order to most efficiently and effectively provide for
special operations forces and capabilities. In fulfilling this
purpose, the Council shall develop and continuously improve policy,
joint processes, and procedures that facilitate the development,
acquisition, integration, employment, and sustainment of special
operations forces and capabilities.
``(3) Membership.--The Council shall include the following:
``(A) The Assistant Secretary.
``(B) Appropriate senior representatives of each of the
following:
``(i) The Under Secretary of Defense for Research and
Engineering.
``(ii) The Under Secretary of Defense for Acquisition
and Sustainment.
``(iii) The Under Secretary of Defense (Comptroller).
``(iv) The Under Secretary of Defense for Personnel and
Readiness.
``(v) The Under Secretary of Defense for Intelligence.
``(vi) The General Counsel of the Department of
Defense.
``(vii) The other Assistant Secretaries of Defense
under the Under Secretary of Defense for Policy.
``(viii) The military departments.
``(ix) The Joint Staff.
``(x) The United States Special Operations Command.
``(xi) Such other officers or Agencies, elements, or
components of the Department of Defense as the Secretary of
Defense considers appropriate.
``(4) Operation.--The Council shall operate continuously.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 4 of such title is amended by striking the item relating
to section 139b and inserting the following new item:
``139b. Secretariat for Special Operations; Special Operations Policy
and Oversight Council.''.
(c) DoD Directive on Responsibilities of ASD SOLIC.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall publish a
Department of Defense directive establishing policy and procedures
related to the exercise of authority, direction, and control of all
special-operations peculiar administrative matters relating to the
organization, training, and equipping of special operations forces
by the Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict as specified by section 138(b)(2)(A)(i) of
title 10, United States Code, as amended by subsection (a)(1).
(2) Matters for including.--The directive required by paragraph
(1) shall include the following:
(A) A specification of responsibilities for coordination on
matters affecting the organization, training, and equipping of
special operations forces.
(B) An identification and specification of updates to
applicable documents and instructions of the Department of
Defense.
(C) Mechanisms to ensure the inclusion of the Assistant
Secretary in all Departmental governance forums affecting the
organization, training, and equipping of special operations
forces.
(D) Such other matters as the Secretary considers
appropriate.
(3) Applicability.-- The directive required by paragraph (1)
shall apply throughout the Department of Defense to all components
of the Department of Defense.
(4) Limitation on availability of certain funding pending
publication.--Of the amounts authorized to be appropriated by this
Act for fiscal year 2021 for operation and maintenance, Defense-
wide, and available for the Office of the Secretary of Defense, not
more than 75 percent may be obligated or expended until the date
that is 15 days after the date on which the Secretary publishes the
directive required by paragraph (1).
SEC. 903. ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE
POLICY.
(a) Increase in Authorized Number of Assistant Secretaries of
Defense.--Subsection (a)(1) of section 138 of title 10, United States
Code, is amended by striking ``13'' and inserting ``14''.
(b) Assistant Secretary of Defense for Industrial Base Policy.--
Subsection (b) of that section is amended 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. The Assistant Secretary shall--
``(A) advise the Under Secretary of Defense for Acquisition and
Sustainment on industrial base policies; and
``(B) perform other duties as directed by the Under
Secretary.''.
SEC. 904. ASSISTANT SECRETARY OF DEFENSE FOR ENERGY, INSTALLATIONS,
AND ENVIRONMENT.
(a) Increase in Authorized Number of Assistant Secretaries of
Defense.--Subsection (a)(1) of section 138 of title 10, United States
Code, as amended by section 903 of this Act, is further amended by
striking ``14'' and inserting ``15''.
(b) Assistant Secretary of Defense for Energy, Installations, and
Environment.--Subsection (b) of that section, as so amended, is further
amended by adding at the end the following new paragraph:
``(7) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Energy, Installations, and Environment. The principal
duty of the Assistant Secretary shall be the overall supervision of
matters relating to energy, installations, and the environment for the
Department of Defense.''.
SEC. 905. OFFICE OF LOCAL DEFENSE COMMUNITY COOPERATION.
(a) Acknowledgment in Law and Redesignation of Office of Economic
Adjustment as Office of Local Defense Community Cooperation.--
(1) In general.--Chapter 4 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 146. Office of Local Defense Community Cooperation
``(a) In General.--There is in the Office of the Secretary of
Defense an office to be known as the Office of Local Defense Community
Cooperation (in this section referred to as the `Office').
``(b) Director.--The Office shall be headed by the Director of the
Office of Local Defense Community Cooperation, who shall be appointed
by the Under Secretary of Defense for Acquisition and Sustainment from
among civilian employees of the Federal Government or private
individuals who have the following:
``(1) Experience in the interagency in the Executive Branch.
``(2) Experience in the administration and management of
Federal grants programs.
``(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) of this
title 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 Under Secretary of
Defense for Acquisition and Sustainment considers appropriate.
``(d) Annual Report to Congress.--Not later than June 1 each year,
the Director of the Office of Local Defense Community Cooperation shall
submit to the congressional defense committees a report on the
activities of the Office during the preceding year, including the
assistance provided pursuant to subsection (c)(1) during such year.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 4 of such title is amended by adding at the end the
following new item:
``146. Office of Local Defense Community Cooperation.''.
(b) Limitation on Involuntary Separation of Personnel.--No
personnel of the Office of Local Defense Community Cooperation under
section 146 of title 10, United States Code (as added by subsection
(a)), may be involuntarily separated from service with that Office
during the one-year period beginning on the date of the enactment of
this Act, except for cause.
(c) Administration of Programs.--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 Local Defense Community Cooperation
under section 146 of title 10, United States Code (as so added), after
that date.
SEC. 906. INPUT FROM THE VICE CHIEF OF THE NATIONAL GUARD BUREAU TO
THE JOINT REQUIREMENTS OVERSIGHT COUNCIL.
(a) In General.--Section 181(d) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(4) Input from vice chief of the national guard bureau.--The
Council shall seek, and strongly consider, the views of the Vice
Chief of the National Guard Bureau regarding non-Federalized
National Guard capabilities in support of homeland defense and
civil support missions.''.
(b) Technical Amendment.--Paragraph (1)(D) of such section is
amended by striking ``the'' and inserting ``The''.
SEC. 907. 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.
SEC. 908. MODERNIZATION OF PROCESS USED BY THE DEPARTMENT OF
DEFENSE TO IDENTIFY, TASK, AND MANAGE CONGRESSIONAL REPORTING
REQUIREMENTS.
(a) Ongoing Analysis Required.--The Assistant Secretary of Defense
for Legislative Affairs shall conduct on an ongoing basis an analysis
of the process used by the Department of Defense to identify reports to
Congress required by annual national defense authorization Acts, assign
responsibility for preparation of such reports, and manage the
completion and delivery of such reports to Congress for the purpose of
identifying mechanisms to optimize and otherwise modernize the process.
(b) Consultation.--The Assistant Secretary shall conduct the
analysis required by subsection (a) with the assistance of and in
consultation with the Chief Information Officer of the Department of
Defense.
(c) Elements.--The analysis required by subsection (a) shall
include the following:
(1) A business process reengineering of the process described
in subsection (a).
(2) An assessment of applicable commercially available
analytics tools, technologies, and services in connection with such
business process reengineering.
(3) Such other actions as the Assistant Secretary considers
appropriate for purposes of the analysis.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. REFORM OF THE DEPARTMENT OF DEFENSE.
(a) Reform of the Department of Defense.--
(1) In general.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 125 the following new section:
``Sec. 125a. Reform: improvement of efficacy and efficiency
``(a) In General.--The Secretary of Defense shall take such action
as is necessary to reform the Department of Defense to improve the
efficacy and efficiency of the Department, and to improve the ability
of the Department to prioritize among and assess the costs and benefits
of covered elements of reform.
``(b) Policy.--The Secretary shall develop a policy and issue
guidance to implement reform within the Department and to improve the
ability of the Department to prioritize among and assess the costs and
benefits of covered elements of reform.
``(c) Framework for Reform.--
``(1) In general.--Not later than February 1, 2022, the
Secretary shall establish policies, guidance, and a consistent
reporting framework to measure the progress of the Department
toward covered elements of reform, including by establishing
categories of reform, consistent metrics, and a process for
prioritization of reform activities.
``(2) Scope.--The framework required by paragraph (1) may
address duties under the following:
``(A) Section 125 of this title.
``(B) Section 192 of this title.
``(C) Section 2222 of this title.
``(D) Section 1124 of title 31.
``(E) Section 11319 of title 40.
``(3) Consultation.--The Secretary shall consult with the
Deputy Secretary of Defense, the Performance Improvement Officer of
the Department of Defense, the Chief Data Officer of the Department
of Defense, the Chief Information Officer of the Department of
Defense, and the financial managers of the military departments in
carrying out activities under this subsection.
``(d) Covered Elements of Reform.--For purposes of this section and
the policies, guidance, and reporting framework required by subsection
(c), covered elements of reform may include the following:
``(1) Business systems modernization.
``(2) Enterprise business operations process re-engineering.
``(3) Expanded and modernized collection, management,
dissemination, and visualization of data to support decision-making
at all levels of the enterprise.
``(4) Improvements in workforce training and education and
increasing capabilities of the Department workforce to support and
execute reform activities and business processes.
``(5) Improvements to decision-making processes to enable cost
savings, cost avoidance, or investments to develop process
improvements.
``(6) Such other elements as the Secretary considers
appropriate.
``(e) Annual Report.--At the same time the budget of the President
for a fiscal year is submitted to Congress pursuant to section 1105 of
title 31, the Secretary shall, using the policies, guidance, and
reporting framework required by subsection (c), submit to the
congressional defense committees a report, including detailed narrative
justifications and tradeoff analyses between options, on the actions of
the Department as follows:
``(1) The activities, expenditures, and accomplishments carried
out or made to effect reform under this section during the fiscal
year in which such budget is submitted.
``(2) The proposed activities, expenditures, and
accomplishments to effect reform under this section, and consistent
with priorities established by the Secretary, during the fiscal
year covered by such budget and each of the four succeeding fiscal
years.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 3 of such title is amended by inserting after the item
relating to section 125 the following new item:
``125a. Reform: improvement of efficacy and efficiency.''.
(b) Implementing Policies, Guidance, and Reporting Framework.--
(1) Submittal to congress.--Not later than March 1, 2022, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth the policies, guidance, and
reporting framework established pursuant to subsection (c) of
section 125a of title 10, United States Code (as added by
subsection (a) of this section).
(2) Update.--Not later than 90 days after the date of the
submittal to Congress of the report required by section 901(d) of
this Act, the Secretary shall update the reporting framework
referred to in paragraph (1).
(c) Comptroller General of the United States Report.--Not later
than 270 days after the date of the submittal to Congress pursuant to
subsection (b) of the policies, guidance, and reporting framework
established pursuant to subsection (c) of section 125a of title 10,
United States Code (as so added), the Comptroller General of the United
States shall submit to the congressional defense committees a report
setting forth an evaluation, based on a review by the Comptroller
General of such policies, guidance, and framework, to the extent to
which the categories and metrics in such policies, guidance, and
reporting framework will enable consistent measurement of progress in
reform and prioritization of reform of the Department.
SEC. 912. 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. 913. CHIEF DIVERSITY OFFICER AND SENIOR ADVISORS FOR DIVERSITY
AND INCLUSION.
(a) Department of Defense.--
(1) In general.--Chapter 4 of title 10, United States Code, as
amended by section 905 of this Act, is further amended by adding at
the end the following new section:
``Sec. 147. Chief Diversity Officer
``(a) Chief Diversity Officer.--(1) There is a Chief Diversity
Officer of the Department of Defense, who shall be appointed by the
Secretary of Defense.
``(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 three years after relief from active
duty as a commissioned officer of a regular component of an armed
force.
``(3) The Chief Diversity Officer shall report directly to the
Secretary of Defense in the performance of the duties of the Chief
Diversity Officer under this section.
``(b) Duties.--The Chief Diversity Officer--
``(1) is responsible for providing advice on policy, oversight,
guidance, and coordination for all matters of the Department of
Defense related to diversity and inclusion;
``(2) advises the Secretary of Defense, the Secretaries of the
military departments, and the heads of all other elements of the
Department with regard to matters of diversity and inclusion;
``(3) shall establish and maintain a Department of Defense
strategic plan that publicly states a diversity definition, vision,
and goals for the Department;
``(4) 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 under paragraph (3);
``(5) shall advise in the establishment of training in
diversity dynamics and training in practices for leading diverse
groups effectively;
``(6) shall advise in the establishment of 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, test, and evaluation activities;
``(7) shall advise in the establishment of a strategic plan for
outreach to, and recruiting from, untapped locations and
underrepresented demographic groups;
``(8) shall coordinate with, and be supported by, the Office of
People Analytics on studies, assessments, and related work relevant
to diversity and inclusion; and
``(9) shall perform such additional duties and exercise such
powers as the Secretary of Defense may prescribe.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 4 of such title, as so amended, is further amended by
adding at the end the following new item:
``147. Chief Diversity Officer.''.
(b) Senior Advisors for Diversity and Inclusion for the Military
Departments and Coast Guard.--
(1) Appointment required.--Each Secretary of a military
department shall appoint within such military department a Senior
Advisor for Diversity and Inclusion for such military department
(and for the Armed Force or Armed Forces under the jurisdiction of
such Secretary). The Commandant of the Coast Guard shall appoint a
Senior Advisor for Diversity and Inclusion for the Coast Guard.
(2) Qualifications and limitation.--Each Senior Advisor for
Diversity and Inclusion 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
Senior Advisor for Diversity and Inclusion within three years after
relief from active duty as a commissioned officer of a regular
component of an Armed Force.
(3) Reporting.--A Senior Advisor for Diversity and Inclusion
shall report directly to the Secretary of the military department
within which appointed. The Senior Advisor for Diversity and
Inclusion for the Coast Guard shall report directly to the
Commandant of the Coast Guard.
(4) Duties.--A Senior Advisor for Diversity and Inclusion, with
respect to the military department and Armed Force or Armed Forces
concerned--
(A) is responsible for providing advice, guidance, and
coordination for all matters related to diversity and
inclusion;
(B) shall advise in the establishment of training in
diversity dynamics and training in practices for leading
diverse groups effectively;
(C) shall advise and assist in evaluations and assessments
of diversity;
(D) shall develop a strategic diversity and inclusion plan,
which plan shall be consistent with the strategic plan
developed and maintained pursuant to subsection (b)(3) of
section 147 of title 10, United States Code (as added by
subsection (a) of this section);
(E) shall develop strategic goals and measures of
performance related to efforts to reflect the diverse
population of the United States eligible to serve in the Armed
Forces, which goals and measures of performance shall be
consistent with the strategic metrics defined pursuant to
subsection (b)(4) of such section 147; and
(F) shall perform such additional duties and exercise such
powers as the Secretary of the military department concerned or
the Commandant of the Coast Guard, as applicable, may
prescribe.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on February 1, 2021.
SEC. 914. 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 Committees on Armed Services of the
Senate and the House of Representatives a report that identifies key
aspects of the business case for alternative content delivery, and
actions to mitigate risks, relating to the following:
(1) The safety and security of members of the Armed Forces and
their families.
(2) The cybersecurity or security of content delivery to
members of the Armed Forces, whether through--
(A) 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) 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.
(4) Access to content with respect 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 Force Matters
SEC. 921. 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.--The table of sections at the beginning of
chapter 908 of such title is amended by striking the item relating to
section 9083 and inserting 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 amended 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. 922. CLARIFICATION OF SPACE FORCE AND CHIEF OF SPACE
OPERATIONS AUTHORITIES.
(a) Composition of Space Force.--Section 9081 of title 10, United
States Code, is amended by striking subsection (b) and inserting the
following new subsection (b):
``(b) Composition.--The Space Force consists of--
``(1) the Regular Space Force;
``(2) all persons appointed or enlisted in, or conscripted
into, the Space Force, including those not assigned to units,
necessary to form the basis for a complete and immediate
mobilization for the national defense in the event of a national
emergency; and
``(3) all Space Force units and other Space Force
organizations, including installations and supporting and auxiliary
combat, training, administrative, and logistic elements.''.
(b) Functions.--Section 9081 of title 10, United States Code, is
further amended--
(1) by striking subsection (c) and inserting the following new
subsection (c):
``(c) Functions.--The Space Force shall be organized, trained, and
equipped to--
``(1) provide freedom of operation for the United States in,
from, and to space;
``(2) conduct space operations; and
``(3) protect the interests of the United States in space.'';
and
(2) by striking subsection (d).
(c) Clarification of Chief of Space Operations Authorities.--
Section 9082 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``general officers of the
Air Force'' and inserting ``general, flag, or equivalent
officers of the Space Force''; and
(B) by adding at the end the following new paragraphs:
``(3) The President may appoint an officer as Chief of Space
Operations only if--
``(A) the officer has had significant experience in joint duty
assignments; and
``(B) such experience includes at least one full tour of duty
in a joint duty assignment (as defined in section 664(d) of this
title) as a general, flag, or equivalent officer of the Space
Force.
``(4) The President may waive paragraph (3) in the case of an
officer if the President determines such action is necessary in the
national interest.'';
(2) in subsection (b), by striking ``grade of general'' and
inserting ``grade in the Space Force equivalent to the grade of
general in the Army, Air Force, and Marine Corps, or admiral in the
Navy''; and
(3) in subsection (d)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following new
paragraph (5):
``(5) perform duties prescribed for the Chief of Space
Operations by sections 171 and 2547 of this title and other
provision of law; and''.
(d) Regular Space Force.--Chapter 908 of title 10, United States
Code, as amended by section 921 of this Act, is further amended by
adding at the end the following new section:
``Sec. 9085. Regular Space Force: composition
``(a) In General.--The Regular Space Force is the component of the
Space Force that consists of persons whose continuous service on active
duty in both peace and war is contemplated by law, and of retired
members of the Regular Space Force.
``(b) Composition.--The Regular Space Force includes--
``(1) the officers and enlisted members of the Regular Space
Force; and
``(2) the retired officers and enlisted members of the Regular
Space Force.''.
(e) Table of Sections.--The table of sections at the beginning of
chapter 908 of title 10, United States Code, as so amended, is further
amended by adding at the end the following new item:
``9085. Regular Space Force: composition.''.
SEC. 923. AMENDMENTS TO DEPARTMENT OF THE AIR FORCE PROVISIONS IN
TITLE 10, UNITED STATES CODE.
(a) Subtitle.--
(1) Heading.--The heading of subtitle D of title 10, United
States Code, is amended to read as follows:
``Subtitle D--Air Force and Space Force''.
(2) Table of subtitles.--The table of subtitles at the
beginning of such title is amended is amended by striking the item
relating to subtitle D and inserting the following new item:
``D. Air Force and Space Force...................................9011''.
(b) Organization.--
(1) Secretary of the air force.--Section 9013 of title 10,
United States Code, is amended--
(A) in subsection (f), by inserting ``and officers of the
Space Force'' after ``Officers of the Air Force''; and
(B) in subsection (g)(1), by inserting ``, members of the
Space Force,'' after ``members of the Air Force''.
(2) Office of the secretary of the air force.--Section 9014 of
such title is amended--
(A) in subsection (b), by striking paragraph (4) and
inserting the following new paragraph (4):
``(4) The Inspector General of the Department of the Air
Force.'';
(B) in subsection (c)--
(i) in paragraph (1), by striking ``and the Air Staff''
and inserting ``, the Air Staff, and the Office of the
Chief of Space Operations'';
(ii) in paragraph (2), by inserting ``or the Office of
the Chief of Space Operations'' after ``the Air Staff'';
(iii) in paragraph (3), by striking ``to the Chief of
Staff and to the Air Staff'' and all that follows through
the end and inserting ``to the Chief of Staff of the Air
Force and the Air Staff, and to the Chief of Space
Operations and the Office of the Chief of Space Operations,
and shall ensure that each such office or entity provides
the Chief of Staff and Chief of Space Operations such staff
support as the Chief concerned considers necessary to
perform the Chief's duties and responsibilities.''; and
(iv) in paragraph (4)--
(I) by inserting ``and the Office of the Chief of
Space Operations'' after ``the Air Staff''; and
(II) by inserting ``and the Chief of Space
Operations'' after ``Chief of Staff'';
(C) in subsection (d)--
(i) in paragraph (1), by striking ``and the Air Staff''
and inserting ``, the Air Staff, and the Office of the
Chief of Space Operations'';
(ii) in paragraph (2), by inserting ``and the Office of
the Chief of Space Operations'' after ``the Air Staff'';
and
(iii) in paragraph (4), by striking ``to the Chief of
Staff of the Air Force and to the Air Staff'' and all that
follows through the end and inserting ``to the Chief of
Staff of the Air Force and the Air Staff, and to the Chief
of Space Operations and the Office of the Chief of Space
Operations, and shall ensure that each such office or
entity provides the Chief of Staff and Chief of Space
Operations such staff support as the Chief concerned
considers necessary to perform the Chief's duties and
responsibilities.''; and
(D) in subsection (e)--
(i) by striking ``and the Air Staff'' and inserting ``,
the Air Staff, and the Office of the Chief of Space
Operations''; and
(ii) by striking ``to the other'' and inserting ``to
any of the others''.
(3) Secretary of the air force: successors to duties.--Section
9017 of such title is amended by adding at the end the following
new paragraph:
``(5) The Chief of Space Operations.''.
(4) Inspector general.--Section 9020 of such title is amended--
(A) in subsection (a)--
(i) by inserting ``Department of the'' after
``Inspector General of the''; and
(ii) by inserting ``or the general, flag, or equivalent
officers of the Space Force'' after ``general officers of
the Air Force'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``or the Chief of Staff'' and inserting ``, the Chief of
Staff of the Air Force, or the Chief of Space Operations'';
(ii) in paragraph (1), by inserting ``Department of
the'' before ``Air Force''; and
(iii) in paragraph (2), by striking ``or the Chief of
Staff'' and inserting ``, the Chief of Staff, or the Chief
of Space Operations'' ; and
(C) in subsection (e), by inserting ``or the Space Force''
before ``for a tour of duty''.
(5) The air staff: function; composition.--Section 9031(b)(8)
of such title is amended by inserting ``or the Space Force'' after
``of the Air Force''.
(6) Surgeon general: appointment; duties.--Section 9036(b) of
such title is amended--
(A) in paragraph (1), by striking ``Secretary of the Air
Force and the Chief of Staff of the Air Force on all health and
medical matters of the Air Force'' and inserting ``Secretary of
the Air Force, the Chief of Staff of the Air Force, and the
Chief of Space Operations on all health and medical matters of
the Air Force and the Space Force''; and
(B) in paragraph (2)--
(i) by inserting ``and the Space Force'' after ``of the
Air Force'' the first place it appears; and
(ii) by inserting ``and members of the Space Force''
after ``of the Air Force'' the second place it appears.
(7) Judge advocate general, deputy judge advocate general:
appointment; duties.--Section 9037 of such title is amended--
(A) in subsection (e)(2)(B), by inserting ``or the Space
Force'' after ``of the Air Force''; and
(B) in subsection (f)(1), by striking ``the Secretary of
the Air Force or the Chief of Staff of the Air Force'' and
inserting ``the Secretary of the Air Force, the Chief of Staff
of the Air Force, or the Chief of Space Operations''.
(8) Chief of chaplains: appointment; duties.--Section 9039(a)
of such title is amended by striking ``in the Air Force'' and
inserting ``for the Air Force and the Space Force''.
(9) Provision of certain professional functions for the space
force.--Section 9063 of such title is amended--
(A) in subsections (a) through (i), by striking ``in the
Air Force'' each place it appears and inserting ``in the Air
Force and the Space Force''; and
(B) in subsection (i), as amended by subparagraph (A), by
inserting ``or the Space Force'' after ``members of the Air
Force''.
(c) Personnel.--
(1) Gender-free basis for acceptance of original enlistments.--
(A) In general.--Section 9132 of title 10, United States
Code, is amended by inserting ``or the Regular Space Force''
after ``Regular Air Force''.
(B) Heading.--The heading of such section 9132 is amended
to read as follows:
``Sec. 9132. Regular Air Force and Regular Space Force: gender-free
basis for acceptance of original enlistments''.
(C) Table of sections.--The table of sections at the
beginning of chapter 913 of such title is amended by striking
the item relating to section 9132 and inserting the following
new item:
``9132. Regular Air Force and Regular Space Force: gender-free basis for
acceptance of original enlistments.''.
(2) Reenlistment after service as an officer.--
(A) In general.--Section 9138 of such title is amended in
subsection (a)--
(i) by inserting ``or the Regular Space Force'' after
``Regular Air Force'' both places it appears; and
(ii) by inserting ``or the Space Force'' after
``officer of the Air Force'' both places it appears.
(B) Heading.--The heading of such section 9132 is amended
to read as follows:
``Sec. 9132. Regular Air Force and Regular Space Force: reenlistment
after service as an officer''.
(C) Table of sections.--The table of sections at the
beginning of chapter 913 of such title, as amended by paragraph
(1)(C), is further by striking the item relating to section
9138 and inserting the following new item:
``9138. Regular Air Force and Regular Space Force: reenlistment after
service as an officer.''.
(3) Appointments in the regular air force and regular space
force.--
(A) In general.--Section 9160 of such title is amended--
(i) by inserting ``or the Regular Space Force'' after
``Regular Air Force''; and
(ii) by inserting ``or the Space Force'' before the
period.
(B) Chapter heading.--The heading of chapter 915 of such
title is amended to read as follows:
``CHAPTER 915--APPOINTMENTS IN THE REGULAR AIR FORCE AND THE REGULAR
SPACE FORCE''.
(C) Tables of chapters.--The table of chapters at the
beginning of subtitle D of such title, and at the beginning of
part II of subtitle D of such title, are each amended by
striking the item relating to chapter 915 and inserting the
following new item:
``915. Appointments in the Regular Air Force and the Regular Space
Force............................................................9151''.
(4) Retired commissioned officers: status.--Section 9203 of
such title is amended by inserting ``or the Space Force'' after
``the Air Force''.
(5) Duties: chaplains; assistance required of commanding
officers.--Section 9217(a) of such title is amended by inserting
``or the Space Force'' after ``the Air Force''.
(6) Rank: commissioned officers serving under temporary
appointments.--Section 9222 of such title is amended by inserting
``or the Space Force'' after ``the Air Force'' both places it
appears.
(7) Requirement of exemplary conduct.--Section 9233 of such
title is amended--
(A) in the matter preceding paragraph (1), by inserting
``and in the Space Force'' after ``the Air Force''; and
(B) in paragraphs (3) and (4), by inserting ``or the Space
Force, respectively'' after ``the Air Force''.
(8) Enlisted members: officers not to use as servants.--Section
9239 of such title is amended by inserting ``or the Space Force''
after ``Air Force'' both places it appears.
(9) Presentation of united states flag upon retirement.--
Section 9251(a) of such title is amended by inserting ``or the
Space Force'' after ``member of the Air Force''.
(10) Service credit: regular enlisted members; service as an
officer to be counted as enlisted service.--Section 9252 of such
title is amended--
(A) by inserting ``or the Regular Space Force'' after
``Regular Air Force''; and
(B) by inserting ``in the Space Force,'' after ``in the Air
Force,''.
(11) When secretary may require hospitalization.--Section 9263
of such title is amended by inserting ``or the Space Force'' after
``member of the Air Force''.
(12) Decorations and awards.--
(A) In general.--Chapter 937 of such title is amended by
inserting ``or the Space Force'' after ``the Air Force'' each
place it appears in the following provisions:
(i) Section 9271.
(ii) Section 9272.
(iii) Section 9273.
(iv) Section 9276.
(v) Section 9281 other than the first place it appears
in subsection (a).
(vi) Section 9286(a) other than the first place it
appears.
(B) Medal of honor; air force cross; distinguished-service
medal: delegation of power to award.--Section 9275 of such
title is amended by inserting before the period at the end the
following: ``, or to an equivalent commander of a separate
space force or higher unit in the field''.
(13) Twenty years or more: regular or reserve commissioned
officers.--Section 9311(a) of such title is amended by inserting
``or the Space Force'' after ``officer of the Air Force''.
(14) Twenty to thirty years: enlisted members.--Section 9314 of
such title is amended by inserting ``or the Space Force'' after
``member of the Air Force''.
(15) Thirty years or more: regular enlisted members.--Section
9317 of such title is amended by inserting ``or the Space Force''
after ``Air Force''.
(16) Thirty years or more: regular commissioned officers.--
Section 9318 of such title is amended by inserting ``or the Space
Force'' after ``Air Force''.
(17) Forty years or more: air force officers.--
(A) In general.--Section 9324 of such title is amended in
subsections (a) and (b) by inserting ``or the Space Force''
after ``Air Force''.
(B) Heading.--The heading of such section 9324 is amended
to read as follows:
``Sec. 9324. Forty years or more: Air Force officers and Space Force
officers''.
(C) Table of sections amendment.--The table of sections at
the beginning of chapter 941 of such title is amended by
striking the item relating to section 9324 and inserting the
following new item:
``9324. Forty years or more: Air Force officers and Space Force
officers.''.
(18) Computation of years of service: voluntary retirement;
enlisted members.--Section 9325(a) of such title is amended by
inserting ``or the Space Force'' after ``Air Force''.
(19) Computation of years of service: voluntary retirement;
regular and reserve commissioned officers.--
(A) In general.--Section 9326(a) of such title is amended--
(i) in the matter preceding paragraph (1), by inserting
``or the Space Force'' after ``of the Air Force''; and
(ii) in paragraph (1), by striking ``or the Air Force''
and inserting ``, the Air Force, or the Space Force''.
(B) Technical amendments.--Such section 9326(a) is further
amended by striking ``his'' each place it appears and inserting
``the officer's''.
(20) Computation of retired pay: law applicable.--Section 9329
of such title is amended by inserting ``or the Space Force'' after
``Air Force''.
(21) Retired grade.--
(A) Higher grade after 30 years of service: warrant
officers and enlisted members.--Section 9344 of such title is
amended--
(i) in subsection (a), by inserting ``or the Space
Force'' after ``member of the Air Force''; and
(ii) in subsection (b)--
(I) in paragraphs (1) and (3), by inserting ``or
the Space Force'' after ``Air Force'' each place it
appears; and
(II) in paragraph (2), by inserting ``or the
Regular Space Force'' after ``Regular Air Force''.
(B) Restoration to former grade: retired warrant officers
and enlisted members.--Section 9345 of such title is amended by
inserting ``or the Space Force'' after ``member of the Air
Force''.
(C) Retired lists.--Section 9346 of such title is amended--
(i) in subsections (a) and (d), by inserting ``or the
Regular Space Force'' after ``Regular Air Force'';
(ii) in subsection (b)(1), by inserting before the
semicolon the following: ``, or for commissioned officers
of the Space Force other than of the Regular Space Force'';
and
(iii) in subsections (b)(2) and (c), by inserting ``or
the Space Force'' after ``Air Force''.
(22) Recomputation of retired pay to reflect advancement on
retired list.--Section 9362(a) of such title is amended by
inserting ``or the Space Force'' after ``Air Force''.
(23) Fatality reviews.--Section 9381(a) of such title is
amended in paragraphs (1), (2), and (3) by inserting ``or the Space
Force'' after ``Air Force''.
(d) Training.--
(1) Members of air force: detail as students, observers, and
investigators at educational institutions, industrial plants, and
hospitals.--
(A) In general.--Section 9401 of title 10, United States
Code, is amended--
(i) in subsection (a), by inserting ``and members of
the Space Force'' after ``members of the Air Force'';
(ii) in subsection (b), by inserting ``or the Regular
Space Force'' after ``Regular Air Force'';
(iii) in subsection (c),by inserting ``or Reserve of
the Space Force'' after ``Reserve of the Air Force'';
(iv) in subsection (e), by inserting ``or the Space
Force'' after ``Air Force''; and
(v) in subsection (f)--
(I) by inserting ``or the Regular Space Force''
after ``Regular Air Force''; and
(II) by inserting ``or the Space Force Reserve''
after ``the reserve components of the Air Force''.
(B) Technical amendments.--Subsection (c) of such section
9401 is further amended--
(i) by striking ``his'' and inserting ``the
Reserve's''; and
(ii) by striking ``he'' and inserting ``the Reserve'',
(C) Heading.--The heading of such section 9401 is amended
to read as follows:
``Sec. 9401. Members of Air Force and Space Force: detail as students,
observers and investigators at educational institutions, industrial
plants, and hospitals''.
(D) Table of sections.--The table of sections at the
beginning of chapter 951 of such title is amended by striking
the item relating to section 9401 and inserting the following
new item:
``9401. Members of Air Force and Space Force: detail as students,
observers, and investigators at educational institutions,
industrial plants, and hospitals.''.
(2) Enlisted members of air force: schools.--
(A) In general.--Section 9402 of such title is amended--
(i) in subsection (a)--
(I) in the first sentence, by inserting ``and
enlisted members of the Space Force'' after ``members
of the Air Force''; and
(II) in the third sentence, by inserting ``and
Space Force officers'' after ``Air Force officers'';
and
(ii) in subsection (b), by inserting ``or the Space
Force'' after ``Air Force'' each place it appears.
(B) Heading.--The heading of such section 9402 is amended
to read as follows:
``Sec. 9402. Enlisted members Air Force or Space Force: schools''.
(C) Table of sections.--The table of sections at the
beginning of chapter 951 of such title is amended by striking
the item relating to section 9402 and inserting the following
new item:
``9402. Enlisted members of Air Force or Space Force: schools.''.
(3) Service schools: leaves of absence for instructors.--
Section 9406 of such title is amended by inserting ``or Space
Force'' after ``Air Force''.
(4) Degree granting authority for united states air force
institute of technology.--Section 9414(d)(1) of such title is
amended by inserting ``or the Space Force'' after ``needs of the
Air Force''.
(5) United states air force institute of technology:
administration.--Section 9414b(a)(2) is amended--
(A) by inserting ``or the Space Force'' after ``the Air
Force'' each place it appears; and
(B) in subparagraph (B), by inserting ``or the equivalent
grade in the Space Force'' after ``brigadier general''.
(6) Community college of the air force: associate degrees.--
Section 9415 of such title is amended--
(A) in subsection (a) in the matter preceding paragraph
(1), by striking ``in the Air Force'' and inserting ``in the
Department of the Air Force''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or the Space
Force'' after ``Air Force'';
(ii) in paragraph (2), by striking ``other than'' and
all that follows through the end and inserting ``other than
the Air Force or the Space Force who are serving as
instructors at Department of the Air Force training
schools.''; and
(iii) in paragraph (3), by inserting ``or the Space
Force'' after ``Air Force''.
(7) Air force academy establishment; superintendent; faculty.--
Section 9431(a) of such title is amended by striking ``Air Force
cadets'' and inserting ``cadets''.
(8) Air force academy superintendent; faculty: appointment and
detail.--Section 9433(a) of such title is amended by inserting ``or
the Space Force'' after ``Air Force''.
(9) Air force academy permanent professors; director of
admissions.--
(A) In general.--Section 9436 of such title is amended--
(i) in subsection (a)--
(I) in the first sentence, by inserting ``in the
Air Force or the equivalent grade in the Space Force''
after ``colonel'';
(II) in the second sentence, by inserting ``and a
permanent professor appointed from the Regular Space
Force has the grade equivalent to the grade of colonel
in the Regular Air Force'' after ``grade of colonel'';
and
(III) in the third sentence, by inserting ``in the
Air Force or the equivalent grade in the Space Force''
after ``lieutenant colonel''; and
(ii) in subsection (b)--
(I) in the first sentence, ``in the Air Force or
the equivalent grade in the Space Force'' after
``colonel'' each place it appears; and
(II) in the second sentence, by inserting ``and a
person appointed from the Regular Space Force has the
grade equivalent to the grade of colonel in the Regular
Air Force'' after ``grade of colonel''.
(B) Technical amendments.--Subsections (a) and (b) of such
section 9436 are further amended by striking ``he'' each place
it appears and inserting ``such person''.
(10) Cadets: appointment; numbers, territorial distribution.--
(A) In general.--Section 9442 of such title is amended--
(i) by striking ``Air Force Cadets'' each place it
appears and inserting ``cadets''; and
(ii) in subsection (b)(2), by inserting ``or the
Regular Space Force'' after ``Regular Air Force''.
(B) Technical amendment.--Subsection (b)(4) of such section
9442 is amended by striking ``him'' and inserting ``the
Secretary''.
(11) Cadets: agreement to serve as officer.--Section 9448(a) of
such title is amended--
(A) in paragraph (2)(A), by inserting ``or the Regular
Space Force'' after ``Regular Air Force''; and
(B) in paragraph (3)(A), by inserting before the semicolon
the following: ``or as a Reserve in the Space Force for service
in the Space Force Reserve''.
(12) Cadets: organization; service; instruction.--Section 9449
of such title is amended by striking subsection (d).
(13) Cadets: hazing.--Section 9452(c) of such title is
amended--
(A) by striking ``an Air Force cadet'' and inserting ``a
cadet''; and
(B) by striking ``or Marine Corps'' and inserting ``Marine
Corps, or Space Force''.
(14) Cadets: degree and commission on graduation.--Section
9453(b) of such title is amended by inserting ``or in the
equivalent grade in the Regular Space Force'' after ``Regular Air
Force''.
(15) Support of athletic programs.--Section 9462(c)(2) of such
title is amended by striking ``personnel of the Air Force'' and
inserting ``personnel of the Department of the Air Force''.
(16) Schools and camps: establishment: purpose.--Section 9481
of such title is amended--
(A) by inserting ``, the Space Force,'' after ``members of
the Air Force,''; and
(B) by inserting ``or the Space Force Reserve'' after ``the
Air Force Reserve''.
(17) Schools and camps: operation.--Section 9482 of such title
is amended--
(A) in paragraph (4), by inserting ``or the Regular Space
Force'' after ``Regular Air Force''; and
(B) in paragraph (7), in the matter preceding subparagraph
(A), by inserting ``or Space Force'' after ``Air Force''.
(e) Service, Supply, and Procurement.--
(1) Equipment: bakeries, schools, kitchens, and mess halls.--
Section 9536 of title 10, United States Code, is amended in the
matter preceding paragraph (1) by inserting ``or the Space Force''
after ``the Air Force''.
(2) Rations.--Section 9561 of such title is amended--
(A) in subsection (a)--
(i) in the first sentence, by inserting ``and the Space
Force ration'' after ``the Air Force ration''; and
(ii) in the second sentence, by inserting ``or the
Space Force'' after ``the Air Force''; and
(B) in subsection (b), by inserting ``or the Space Force''
after ``the Air Force''.
(3) Clothing.--Section 9562 of such title is amended by
inserting ``and members of the Space Force'' after ``the Air
Force''.
(4) Clothing: replacement when destroyed to prevent
contagion.--Section 9563 of such title is amended by inserting ``or
the Space Force'' after ``member of the Air Force''.
(5) Colors, standards, and guidons of demobilized
organizations: disposition.--Section 9565 of such title is
amended--
(A) in subsection (a), in the matter preceding paragraph
(1), by inserting ``or the Space Force'' after ``organizations
of the Air Force''; and
(B) in subsection (b), by inserting ``or the Space Force''
after ``the Air Force''.
(6) Utilities: proceeds from overseas operations.--Section 9591
of such title is amended by inserting ``or the Space Force'' after
``the Air Force''.
(7) Quarters: heat and light.--Section 9593 of such title is
amended by inserting ``and members of the Space Force'' after ``the
Air Force''.
(8) Air force military history institute: fee for providing
historical information to the public.--
(A) In general.--Section 9594 of such title is amended--
(i) in subsections (a) and (d), by inserting
``Department of the'' before ``Air Force Military History''
each place it appears; and
(ii) in subsection (e)(1)--
(I) by inserting ``Department of the'' before ``Air
Force Military History''; and
(II) by inserting ``and the Space Force'' after
``materials of the Air Force''.
(B) Heading.--The heading of such section 9594 is amended
to read as follows:
``Sec. 9594. Department of the Air Force Military History Institute:
fee for providing historical information to the public''.
(C) Table of sections.--The table of sections at the
beginning of chapter 967 of such title is amended by striking
the item relating to section 9594 and inserting the following
new item:
``9594. Department of the Air Force Military History Institute: fee for
providing historical information to the public.''.
(9) Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and employees;
prices.--Section 9621 of such title is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and members of the
Space Force'' after ``the Air Force''; and
(ii) in paragraph (2), by inserting ``and officers of
the Space Force'' after ``the Air Force'';
(B) in subsection (b), by inserting ``or the Space Force''
after ``the Air Force'';
(C) in subsection (c), by inserting ``or the Space Force''
after ``the Air Force'';
(D) in subsection (d), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force'';
(E) in subsection (e)--
(i) by inserting ``or the Space Force'' after ``the Air
Force'' the first place it appears; and
(ii) by inserting ``or the Space Force, respectively''
after ``the Air Force'' the second place it appears;
(F) in subsection (f), by inserting ``or the Space Force''
after ``the Air Force''; and
(G) in subsection (h)--
(i) by inserting ``or the Space Force'' after ``the Air
Force'' the first place it appears; and
(ii) by inserting ``or members of the Space Force''
after ``members of the Air Force''.
(10) Rations: commissioned officers in field.--Section 9622 of
such title is amended by inserting ``and commissioned officers of
the Space Force'' after ``officers of the Air Force''.
(11) Medical supplies: civilian employees of the air force.--
Section 9624(a) of such title is amended--
(A) by striking ``air base'' and inserting ``Air Force or
Space Force military installation''; and
(B) by striking ``Air Force when'' and inserting
``Department of the Air Force when''.
(12) Ordnance property: officers of armed forces; civilian
employees of air force.--
(A) In general.--Section 9625 of such title is amended--
(i) in subsection (a), by inserting ``or the Space
Force'' after ``officers of the Air Force''; and
(ii) in subsection (b), by striking ``the Air Force''
and inserting ``the Department of the Air Force''.
(B) Heading.--The heading of such section is amended to
read as follows:
``Sec. 9625. Ordnance property: officers of the armed forces; civilian
employees of the Department of the Air Force; American National Red
Cross; educational institutions; homes for veterans' orphans''.
(C) Table of sections.--The table of sections at the
beginning of chapter 969 of such title is amended by striking
the item relating to section 9625 and inserting the following
new item:
``9625. Ordnance property: officers of the armed forces; civilian
employees of the Department of the Air Force; American
National Red Cross; educational institutions; homes for
veterans' orphans.''.
(13) Supplies: educational institutions.--Section 9627 of such
title is amended--
(A) by inserting ``or the Space Force'' after ``for the Air
Force'';
(B) by inserting ``or the Space Force'' after ``officer of
the Air Force''; and
(C) by striking ``air science and tactics'' and inserting
``science and tactics''.
(14) Supplies: military instruction camps.--Section 9654 of
such title is amended--
(A) by inserting ``or Space Force'' after ``an Air Force'';
and
(B) by striking ``air science and tactics'' and inserting
``science and tactics''.
(15) Disposition of effects of deceased persons by summary
court-martial.--Section 9712(a)(1) of such title is amended by
inserting ``or the Space Force'' after ``the Air Force''.
(16) Acceptance of donations: land for mobilization, training,
supply base, or aviation field.--
(A) In general.--Section 9771 of such title is amended in
paragraph (2) by inserting ``or space mission-related
facility'' after ``aviation field''.
(B) Heading.--The heading of such section 9771 is amended
to read as follows:
``Sec. 9771. Acceptance of donations: land for mobilization, training,
supply base, aviation field, or space mission-related facility''.
(C) Table of sections.--The table of sections at the
beginning of chapter 979 of such title is amended by striking
the item relating to section 9771 and inserting the following
new item:
``9771. Acceptance of donations: land for mobilization, training, supply
base, aviation field, or space mission-related facility.''.
(17) Acquisition and construction: air bases and depots.--
(A) In general.--Section 9773 of such title is amended--
(i) in subsection (a)--
(I) by striking ``permanent air bases'' and
inserting ``permanent Air Force and Space Force
military installations'';
(II) by striking ``existing air bases'' and
inserting ``existing installations''; and
(III) by inserting ``or the Space Force'' after
``training of the Air Force'';
(ii) in subsections (b) and (c), by striking ``air
bases'' each place it appears and inserting
``installations'';
(iii) in subsection (b)(7), by inserting ``or Space
Force'' after ``Air Force'';
(iv) in subsection (c)--
(I) in paragraph (1), by inserting ``or Space
Force'' after ``Air Force''; and
(II) in paragraphs (3) and (4), by inserting ``or
the Space Force'' after ``the Air Force'' both places
it appears; and
(v) in subsection (f), by striking ``air base'' and
inserting ``installation''.
(B) Heading.--The heading of such section 9773 is amended
to read as follows:
``Sec. 9773. Acquisition and construction: installations and depots''.
(C) Table of sections.--The table of sections at the
beginning of chapter 979 of such title is amended by striking
the item relating to section 9773 and inserting the following
new item:
``9773. Acquisition and construction: installations and depots.''.
(18) Emergency construction: fortifications.--Section 9776 of
such title is amended by striking ``air base'' and inserting
``installation''.
(19) Use of public property.--Section 9779 of such title is
amended--
(A) in subsection (a), by inserting ``or the Space Force''
after ``economy of the Air Force''; and
(B) in subsection (b), by inserting ``or the Space Force''
after ``support of the Air Force''.
(20) Disposition of real property at missile sites.--Section
9781(a)(2) of such title is amended--
(A) in the matter preceding subparagraph (A), by striking
``Air Force'' and inserting ``Department of the Air Force'';
(B) in subparagraph (A), by striking ``Air Force'' the
first two places it appears and inserting ``Department of the
Air Force''; and
(C) in subparagraph (C), by striking ``Air Force'' and
inserting ``Department of the Air Force''.
(21) Maintenance and repair of real property.--Section 9782 of
such title is amended in subsections (c) and (d) by inserting ``or
the Space Force'' after ``the Air Force'' both places it appears.
(22) Settlement of accounts: remission or cancellation of
indebtedness of members.--Section 9837(a) of such title is amended
by inserting ``or the Space Force'' after ``member of the Air
Force''.
(23) Final settlement of officer's accounts.--
(A) In general.--Section 9840 of such title is amended by
inserting ``or the Space Force'' after ``Air Force''.
(B) Technical amendments.--Such section 9840 is further
amended--
(i) by striking ``he'' each place it appears and
inserting ``the officer''; and
(ii) by striking ``his'' each place it appears and
inserting ``the officer's''.
(24) Payment of small amounts to public creditors.--Section
9841 of such title is amended by inserting ``or Space Force'' after
``official of Air Force''.
(25) Settlement of accounts of line officers.--Section 9842 of
such title is amended by inserting ``or the Space Force'' after
``Air Force''.
(f) Service of Incumbents in Certain Positions Without
Reappointment.--
(1) In general.--The individual serving in a position under a
provision of law specified in paragraph (2) as of the date of the
enactment of this Act may continue to serve in such position after
that date without further appointment as otherwise provided by such
provision of law, notwithstanding the amendment of such provision
of law by subsection (b).
(2) Provisions of law.--The provisions of law specified in this
paragraph are the provisions of title 10, United States Code, as
follows:
(A) Section 9020, relating to the Inspector General of the
Department of the Air Force.
(B) Section 9036. relating to the Surgeon General of the
Air Force.
(C) Section 9037(a), relating to the Judge Advocate General
of the Air Force.
(D) Section 9037(d), relating to the Deputy Judge Advocate
General of the Air Force.
(E) Section 9039, relating to the Chief of Chaplains for
the Air Force and the Space Force.
SEC. 924. AMENDMENTS TO OTHER PROVISIONS OF TITLE 10, UNITED STATES
CODE.
(a) Definitions.--Section 101(b)(13) of title 10, United States
Code, is amended by striking ``or Marine Corps'' and inserting ``Marine
Corps, or Space Force''.
(b) Other Provisions of Subtitle A.--
(1) Space force I.--Subtitle A of title 10, United States Code,
as amended by subsection (a), is further amended by striking ``and
Marine Corps'' each place it appears and inserting ``Marine Corps,
and Space Force'' in the following provisions:
(A) Section 116(a)(1) in the matter preceding subparagraph
(A).
(B) Section 533(a)(2).
(C) Section 646.
(D) Section 661(a).
(E) Section 712(a).
(F) Section 717(c)(1).
(G) Subsections (c) and (d) of section 741.
(H) Section 743.
(I) Section 1111(b)(4).
(J) Subsections (a)(2)(A) and (c)(2)(A)(ii) of section
1143.
(K) Section 1174(j).
(L) Section 1463(a)(1).
(M) Section 1566.
(N) Section 2217(c)(2).
(O) Section 2259(a).
(P) Section 2640(j).
(2) Space force II.--
(A) In general.--Such subtitle is further amended by
striking ``Marine Corps,'' each place it appears and inserting
``Marine Corps, Space Force,'' in the following provisions:
(i) Section 123(a).
(ii) Section 172(a).
(iii) Section 518.
(iv) Section 747.
(v) Section 749.
(vi) Section 1552(c)(1).
(vii) Section 2632(c)(2)(A).
(viii) Section 2686(a).
(ix) Section 2733(a).
(B) Heading.--The heading of section 747 of such title is
amended to read as follows:
``Sec. 747. Command: when different commands of Army, Navy, Air Force,
Marine Corps, Space Force, and Coast Guard join''.
(C) Table of sections.--The table of sections at the
beginning of chapter 43 of such title is amended by striking
the item relating to section 747 and inserting the following
new item:
``747. Command: when different commands of Army, Navy, Air Force, Marine
Corps, Space Force, and Coast Guard join.''.
(3) Space force III.--Such subtitle is further amended by
striking ``or Marine Corps'' each place it appears and inserting
``Marine Corps, or Space Force'' in the following provisions:
(A) Section 125(b).
(B) Section 541(a).
(C) Section 601(a).
(D) Section 603(a).
(E) Section 619(a).
(F) Section 619a(a).
(G) Section 624(c).
(H) Section 625(b).
(I) Subsections (a) and (d) of section 631.
(J) Section 632(a).
(K) Section 637(a)(2).
(L) Section 638(a).
(M) Section 741(d).
(N) Section 771.
(O) Section 772.
(P) Section 773.
(Q) Section 1123.
(R) Section 1143(d).
(S) Section 1174(a)(2).
(T) Section 1251(a).
(U) Section 1252(a).
(V) Section 1253(a).
(W) Section 1375.
(X) Section 1413a(h).
(Y) Section 1551.
(Z) Section 1561(a).
(AA) Section 1731(a)(1)(A)(ii).
(BB) Section 2102(a).
(CC) Section 2103a(a)(2).
(DD) Section 2104(b)(5).
(EE) Section 2107.
(FF) Section 2421.
(GG) Section 2631(a).
(HH) Section 2787(a).
(4) Regular space force I.--Such subtitle is further amended by
striking ``or Regular Marine Corps'' each place it appears and
inserting ``Regular Marine Corps, or Regular Space Force'' in the
following provisions:
(A) Section 531(c).
(B) Section 532(a) in the matter preceding paragraph (1).
(C) Subsections (a)(1), (b)(1), and (f) of section 533.
(D) Section 633(a).
(E) Section 634(a).
(F) Section 635.
(G) Section 636(a).
(H) Section 647(c).
(I) Section 688(b)(1).
(J) Section 1181.
(5) Regular space force II.--Such subtitle is further amended
by striking ``Regular Marine Corps,'' each place it appears and
inserting ``Regular Marine Corps, Regular Space Force,'' in the
following provisions:
(A) Section 505.
(B) Section 506.
(C) Section 508.
(6) Transfer, etc. of functions, powers, and duties.--Section
125(b) of such title, as amended by paragraph (3)(A), is further
amended by striking ``or 9062(c)'' and inserting ``9062(c), or
9081''.
(7) Joint staff matters.--
(A) Appointment of chairman; grade and rank.--Section 152
of such title is amended--
(i) in subsection (b)(1)(C), by striking ``or the
Commandant of the Marine Corps'' and inserting ``the
Commandant of the Marine Corps, or the Chief of Space
Operations''; and
(ii) in subsection (c), by striking ``or, in the case
of the Navy, admiral'' and inserting ``, in the case of the
Navy, admiral, or, in the case of an officer of the Space
Force, the equivalent grade,''.
(B) Inclusion of space force on joint staff.--Section
155(a)(2)(C) of such title is amended by inserting ``and the
Space Force'' after ``the Air Force''.
(8) Armed forces policy council.--Section 171(a) of such title
is amended--
(A) in paragraph (15), by striking ``and'';
(B) in paragraph (16), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new paragraph:
``(17) the Chief of Space Operations.''.
(9) Joint requirements oversight council.--Section 181(c)(1) of
such title is amended by adding at the end the following new
subparagraph:
``(F) A Space Force officer in the grade equivalent to the
grade of general in the Army, Air Force, or Marine Corps, or
admiral in the Navy.''.
(10) Unfunded priorities.--Section 222a(b) 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) The Chief of Space Operations.''.
(11) Theater security cooperation expenses.--Section 312(b)(3)
of such title is amended by inserting ``the Chief of Space
Operations,'' after ``the Commandant of the Marine Corps,''.
(12) Western hemisphere institute.--Section 343(e)(1)(E) of
such title is amended by inserting ``or Space Force'' after ``for
the Air Force''.
(13) Original appointments of commissioned officers.--Section
531(a) of such title is amended--
(A) in paragraph (1), by striking ``and in the grades of
ensign, lieutenant (junior grade), and lieutenant in the
Regular Navy'' and inserting ``in the grades of ensign,
lieutenant (junior grade), and lieutenant in the Regular Navy,
and in the equivalent grades in the Regular Space Force''; and
(B) in paragraph (2), by striking ``and in the grades of
lieutenant commander, commander, and captain in the Regular
Navy'' and inserting ``in the grades of lieutenant commander,
commander, and captain in the Regular Navy, and in the
equivalent grades in the Regular Space Force''.
(14) Service credit upon original appointment as a commissioned
officer.--Section 533(b)(2) of such title is amended by striking
``or captain in the Navy'' and inserting ``, captain in the Navy,
or an equivalent grade in the Space Force''.
(15) Senior joint officer positions: recommendations to the
secretary of defense.--Section 604(a)(1)(A) of such title is
amended by inserting ``and the name of at least one Space Force
officer'' after ``Air Force officer''.
(16) Force shaping authority.--Section 647(a)(2) of such title
is amended by striking ``of that armed force''.
(17) Members: required service.--Section 651(b) of such title
is amended by striking ``of his armed force''.
(18) Career flexibility to enhance retention of members.--
Section 710(c)(1) of such title is amended by striking ``the armed
force concerned'' and inserting ``an armed force''.
(19) Senior members of military staff committee of united
nations.--Section 711 of such title is amended by inserting ``or
the Space Force'' after ``Air Force''.
(20) Rank: chief of space operations.--
(A) In general.--Section 743 of such title is amended by
striking ``and the Commandant of the Marine Corps'' and
inserting ``the Commandant of the Marine Corps, and the Chief
of Space Operations''.
(B) Heading.--The heading of such section 743 is amended to
read as follows:
``Sec. 743. Rank: Chief of Staff of the Army; Chief of Naval
Operations; Chief of Staff of the Air Force; Commandant of the
Marine Corps; Chief of Space Operations''.
(C) Table of sections.--The table of sections at the
beginning of chapter 43 of such title is amended by striking
the item relating to section 743 and inserting the following
new item:
``743. Rank: Chief of Staff of the Army; Chief of Naval Operations;
Chief of Staff of the Air Force; Commandant of the Marine
Corps; Chief of Space Operations.''.
(21) Uniform code of military justice.--Chapter 47 of such
title (the Uniform Code of Military Justice) is amended--
(A) in section 822(a)(7) (article 22(a)(7)), by striking
``Marine Corps'' and inserting ``Marine Corps, or the
commanding officer of a corresponding unit of the Space
Force'';
(B) in section 823(a) (article 23(a))--
(i) in paragraph (2)--
(I) by striking ``Air Force base'' and inserting
``Air Force or Space Force military installation''; and
(II) by striking ``or the Air Force'' and inserting
``the Air Force, or the Space Force''; and
(ii) in paragraph (4), by inserting ``or a
corresponding unit of the Space Force'' after ``Air
Force''; and
(C) in section 824(a)(3) (article 24(a)(3)), by inserting
``or a corresponding unit of the Space Force'' after ``Air
Force''.
(22) Service as cadet or midshipman not counted for length of
service.--Section 971(b)(2) of such title is amended by striking
``or Air Force'' and inserting ``, Air Force, or Space Force''.
(23) Referral bonus.--Section 1030(h)(3) of such title is
amended by inserting ``and the Space Force'' after ``concerning the
Air Force''.
(24) Return to active duty from temporary disability.--Section
1211(a) of such title is amended--
(A) in the matter preceding paragraph (1), by striking ``or
the Air Force'' and inserting ``, the Air Force, or the Space
Force''; and
(B) in paragraph (6)--
(i) by striking ``or the Air Force, who'' and inserting
``the Air Force, or the Space Force who''; and
(ii) by striking ``or the Air Force, as'' and inserting
``the Air Force, or the Space Force, as''.
(25) Years of service.--Section 1405(c) of such title is
amended by striking ``or Air Force'' and inserting ``, Air Force,
or Space Force''.
(26) Retired pay base for persons who became members before
september 8, 1980.--Section 1406 of such title is amended--
(A) in the heading of subsection (e), by inserting ``and
Space Force'' after ``Air Force''; and
(B) in subsection (i)(3)--
(i) in subparagraph (A)--
(I) by redesignating clause (v) as clause (vi); and
(II) by inserting after clause (iv) the following
new clause (v):
``(v) Chief of Space Operations.''; and
(ii) in subparagraph (B)--
(I) by redesignating clause (v) as clause (vi); and
(II) by inserting after clause (iv) the following
new clause (v):
``(v) The senior enlisted advisor of the Space
Force.''.
(27) Special requirements for military personnel in the
acquisition field.--
(A) In general.--Section 1722a(a) of such title is amended
by striking ``and the Commandant of the Marine Corps (with
respect to the Army, Navy, Air Force, and Marine Corps,
respectively)'' and inserting ``, the Commandant of the Marine
Corps, and the Chief of Space Operations (with respect to the
Army, Navy, Air Force, Marine Corps, and Space Force,
respectively)''.
(B) Clarifying amendment.--Such section 1722a(a) is further
amended by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the
Under Secretary of Defense for Acquisition and Sustainment''.
(28) Senior military acquisition advisors.--Section
1725(e)(1)(C) of such title is amended by inserting ``and Space
Force'' before the period.
(29) Military family readiness council.--Section 1781a(b)(1) of
such title is amended by striking ``Marine Corps, and Air Force''
each place it appears and inserting ``Air Force, Marine Corps, and
Space Force''.
(30) Financial assistance program for specially selected
members.--Section 2107 of such title is amended--
(A) in subsection (a)--
(i) by striking ``or as a'' and inserting ``, as a'';
and
(ii) by inserting ``or as an officer in the equivalent
grade in the Space Force'' after ``Marine Corps,'';
(B) in subsection (b)--
(i) in paragraph (3), by striking ``the reserve
component of the armed force in which he is appointed as a
cadet or midshipman'' and inserting ``the reserve component
of an armed force''; and
(ii) in paragraph (5), by striking ``reserve component
of that armed force'' each place it appears and inserting
``reserve component of an armed force''; and
(C) in subsection (d), by striking ``second lieutenant or
ensign'' and inserting ``second lieutenant, ensign, or an
equivalent grade in the Space Force''.
(31) Space rapid capabilities office.--Section 2273a(d) of such
title is amended by striking paragraph (3).
(32) Acquisition-related functions of chiefs of the armed
forces.--Section 2547(a) of such title is amended by striking ``and
the Commandant of the Marine Corps'' and inserting ``the Commandant
of the Marine Corps, and the Chief of Space Operations''.
(33) Agreements related to military training, testing, and
operations.--Section 2684a(i) of such title is amended by inserting
``Space Force,'' before ``or Defense-wide activities'' each place
it appears.
(c) Provisions of Subtitle B.--
(1) In general.--Subtitle B of title 10, United States Code, is
amended by striking ``or Marine Corps'' each place it appears and
inserting ``Marine Corps, or Space Force'' in the following
provisions:
(A) Section 7452(c).
(B) Section 7621(d).
(2) Computation of years of service.--Section 7326(a)(1) of
such title is amended by striking ``or the Air Force'' and
inserting ``, the Air Force, or the Space Force''.
(d) Provisions of Subtitle C.--
(1) Cadets; hazing.--Section 8464(f) of title 10, United States
Code, is amended by striking ``or Marine Corps'' and inserting
``Marine Corps, or Space Force''.
(2) Sales prices.--
(A) In general.--Section 8802 of such title is amended by
striking ``or the Air Force'' and inserting ``, the Air Force,
or the Space Force''.
(B) Heading.--The heading of such section 8802 is amended
to read as follows:
``Sec. 8802. Sales: members of Army, Air Force, and Space Force;
prices''.
(C) Table of sections.--The table of sections at the
beginning of chapter 879 of such title is amended by striking
the item relating to section 8802 and inserting the following
new item:
``8802. Sales: members of Army, Air Force, and Space Force; prices.''.
(3) Sales to certain veterans.--Section 8803 of such title is
amended by striking ``or the Marine Corps'' and inserting ``the
Marine Corps, or the Space Force''.
(4) Subsistence and other supplies.--Section 8806(d) of such
title is amended by striking ``or Air Force or Marine Corps'' and
inserting ``, Air Force, Marine Corps, or Space Force''.
(5) Scope of chapter on prize.--Section 8851(a) of such title
is amended by striking ``or the Air Force'' and inserting ``, the
Air Force, or the Space Force''.
SEC. 925. AMENDMENTS TO PROVISIONS OF LAW RELATING TO PAY AND
ALLOWANCES.
(a) Definitions.--Section 101 of title 37, United States Code, is
amended--
(1) in paragraphs (3) and (4), by inserting ``Space Force,''
after ``Marine Corps,'' each place it appears; and
(2) in paragraph (5)(C), by inserting ``and the Space Force''
after ``Air Force''.
(b) Basic Pay Rates.--
(1) Commissioned officers.--Footnote 2 of the table titled
``COMMISSIONED OFFICERS'' in section 601(c) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 37 U.S.C. 1009 note) is amended by inserting after
``Commandant of the Marine Corps,'' the following: ``Chief of Space
Operations,''.
(2) Enlisted members.--Footnote 2 of the table titled
``ENLISTED MEMBERS'' in section 601(c) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364;
37 U.S.C. 1009 note) is amended by inserting after ``Sergeant Major
of the Marine Corps,'' the following: ``the senior enlisted advisor
of the Space Force,''.
(c) Pay Grades: Assignment to; General Rules.--Section 201(a) of
title 37, United States Code, is amended--
(1) by striking ``(a) For the purpose'' and inserting ``(a)(1)
Subject to paragraph (2), for the purpose''; and
(2) by adding at the end the following new paragraph:
``(2) For the purpose of computing their basic pay, commissioned
officers of the Space Force are assigned to the pay grades in the table
in paragraph (1) by grade or rank in the Air Force that is equivalent
to the grade or rank in which such officers are serving in the Space
Force.''.
(d) Pay of Senior Enlisted Members.--Section 210(c) of title 37,
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):
``(5) The senior enlisted advisor of the Space Force.''.
(e) Allowances Other Than Travel and Transportation Allowances.--
(1) Personal money allowance.--Section 414 of title 37, United
States Code, is amended--
(A) in subsection (a)(5), by inserting ``Chief of Space
Operations,'' after ``Commandant of the Marines Corps,''; and
(B) in subsection (b), by inserting ``the senior enlisted
advisor of the Space Force,'' after ``the Sergeant Major of the
Marine Corps,''.
(2) Clothing allowance: enlisted members.--Section 418(d) of
such title is amended--
(A) in paragraph (1), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''; and
(B) in paragraph (4), by striking ``or the Marine Corps''
and inserting ``the Marine Corps, or the Space Force''.
(f) Travel and Transportation Allowances: Parking Expenses.--
Section 481i(b) of title 37, United States Code, is amended by striking
``or Marine Corps'' and inserting ``Marine Corps, or Space Force''.
(g) Leave.--
(1) Addition of space force.--Chapter 9 of title 37, United
States Code, is amended by inserting ``Space Force,'' after
``Marines Corps,'' each place it appears in the following
provisions:
(A) Subsections (b)(1) and (e)(1) of section 501.
(B) Section 502(a).
(C) Section 503(a).
(2) Addition of regular space force.--Section 501(b)(5)(C) of
such title is amended by striking ``or Regular Marine Corps'' and
inserting ``Regular Marine Corps, or Regular Space Force''.
(3) Technical amendments.--Chapter 9 of such title is further
amended as follows:
(A) In section 501(b)(1)--
(i) by striking ``his'' each place it appears and
inserting ``the member's''; and
(ii) by striking ``he'' and inserting ``the member''.
(B) In section 502--
(i) by striking ``his designated representative'' each
place it appears and inserting ``the Secretary's designated
representative'';
(ii) in subsection (a), by striking ``he'' each place
it appears and inserting ``the member''; and
(iii) in subsection (b), by striking ``his'' and
inserting ``the member's''.
(h) Allotment and Assignment of Pay.--
(1) In general.--Subsections (a), (c), and (d) of section 701
of title 37, United States Code, are each amended by striking ``or
Marine Corps'' and inserting ``Marine Corps, or Space Force''.
(2) Technical amendments.--Such section 701 is further
amended--
(A) in subsection (a), by striking ``his'' and inserting
``the officer's'';
(B) in subsection (b), by striking ``his'' and inserting
``the person's''; and
(C) in subsection (c), by striking ``his pay, and if he
does so'' and inserting ``the member's pay, and if the member
does so''.
(3) Heading.--The heading of such section 701 is amended to
read as follows:
``Sec. 701. Members of the Army, Navy, Air Force, Marine Corps, and
Space Force; contract surgeons''.
(4) Table of sections.--The table of sections at the beginning
of chapter 13 of such title is amended by striking the item
relating to section 701 and inserting the following new item:
``701. Members of the Army, Navy, Air Force, Marine Corps, and Space
Force; contract surgeons.''.
(i) Forfeiture of Pay.--
(1) Forfeiture for absence for intemperate use of alcohol or
drugs.--
(A) In general.--Section 802 of title 37, United States
Code, is amended by striking ``or Marine Corps'' and inserting
``Marine Corps, or Space Force''.
(B) Technical amendments.--Such section 802 is further
amended by striking ``his'' each place it appears and inserting
``the member's''.
(2) Forfeiture when dropped from rolls.--
(A) In general.--Section 803 of such title is amended by
striking ``or the Air Force'' and inserting ``, the Air Force,
or the Space Force''.
(B) Heading.--The heading of such section 803 is amended to
read as follows:
``Sec. 803. Commissioned officers of the Army, Air Force, or Space
Force: forfeiture of pay when dropped from rolls''.
(C) Table of sections.--The table of sections at the
beginning of chapter 15 of such title is amended by striking
the item relating to section 803 and inserting the following
new item:
``803. Commissioned officers of the Army, Air Force, or Space Force:
forfeiture of pay when dropped from rolls.''.
(j) Effect on Pay of Extension of Enlistment.--Section 906 of title
37, United States Code, is amended by inserting ``Space Force,'' after
``Marine Corps,''.
(k) Administration of Pay.--
(1) Prompt payment required.--
(A) In general.--Section 1005 of title 37, United States
Code, is amended by striking ``and of the Air Force'' and
inserting ``, the Air Force, and the Space Force''.
(B) Heading.--The heading of such section 1005 is amended
to read as follows:
``Sec. 1005. Army, Air Force, and Space Force: prompt payments
required''.
(C) Table of sections.--The table of sections at the
beginning of chapter 15 of such title is amended by striking
the item relating to section 803 and inserting the following
new item:
``1005. Army, Air Force, and Space Force: prompt payments required.''.
(2) Deductions from pay.--
(A) In general.--Section 1007 of such title is amended--
(i) in subsections (b), (d), (f), and (g), by striking
``or the Air Force'' and inserting ``, the Air Force, or
the Space Force''; and
(ii) in subsection (e), by striking ``or Marine Corps''
and inserting ``Marine Corps, or Space Force''.
(B) Technical amendments.--Such section 1007 is further
amended--
(i) in subsection (b), by striking ``him'' and
inserting ``the member'';
(ii) in subsection (d), by striking ``his'' each place
it appears and inserting ``the member's''; and
(iii) in subsection (f)--
(I) by striking ``his'' and inserting ``the
officer's''; and
(II) by striking ``he'' both places it appears and
inserting ``the officer''.
SEC. 926. AMENDMENTS TO PROVISIONS OF LAW RELATING TO VETERANS'
BENEFITS.
(a) Addition of Space Service to References to Military, Naval, or
Air Service.--Title 38, United States Code, is amended by striking ``or
air service'' and inserting ``air, or space service'' each place it
appears in the following provisions:
(1) Paragraphs (2), (5), (12), (16), (17), (18), (24), and (32)
of section 101.
(2) Section 105(a).
(3) Section 106(b).
(4) Section 701.
(5) Paragraphs (1) and (2)(A) of section 1101.
(6) Section 1103.
(7) Section 1110.
(8) Subsections (b)(1) and (c)(1) of section 1112.
(9) Section 1113(b).
(10) Section 1131.
(11) Section 1132.
(12) Section 1133.
(13) Section 1137.
(14) Section 1141.
(15) Section 1153.
(16) Section 1301.
(17) Subsections (a) and (b) of section 1302.
(18) Section 1310(b).
(19) Section 1521(j).
(20) Section 1541(h).
(21) Subsections (a)(2)(B) and (e)(3) of section 1710.
(22) Section 1712(a).
(23) Section 1712A(c).
(24) Section 1717(d)(1).
(25) Subsections (b) and (c) of section 1720A.
(26) Section 1720D(c)(3).
(27) Section 1720E(a).
(28) Section 1720G(a)(2)(B).
(29) Subsections (b)(2), (e)(1), and (e)(4) of section 1720I.
(30) Section 1781(a)(3).
(31) Section 1783(b)(1).
(32) Section 1922(a).
(33) Section 2002(b)(1).
(34) Section 2101A(a)(1).
(35) Subsections (a)(1)(C) and (d) of section 2301.
(36) Section 2302(a).
(37) Section 2303(b)(2).
(38) Subsections (b)(4)(A) and (g)(2) of section 2306.
(39) Section 2402(a)(1).
(40) Section 3018B(a).
(41) Section 3102(a)(1)(A)(ii).
(42) Subsections (a) and (b)(2)(A) of section 3103.
(43) Section 3113(a).
(44) Section 3501(a).
(45) Section 3512(b)(1)(B)(iii).
(46) Section 3679(c)(2)(A).
(47) Section 3701(b)(2).
(48) Section 3712(e)(2).
(49) Section 3729(c)(1).
(50) Subparagraphs (A) and (B) of section 3901(1).
(51) Subsections (c)(1)(A) and (d)(2)(B) of section 5103A.
(52) Section 5110(j).
(53) Section 5111(a)(2)(A).
(54) Section 5113(b)(3)(C).
(55) Section 5303(e).
(56) Section 6104(c).
(57) Section 6105(a).
(58) Subsections (a)(1) and (b)(3) of section 6301.
(59) Section 6303(b).
(60) Section 6304(b)(1).
(61) Section 8301.
(b) Definitions.--
(1) Armed forces.--Paragraph (10) of section 101 of title 38,
United States Code, is amended by inserting ``Space Force,'' after
``Air Force,''.
(2) Secretary concerned.--Paragraph (25)(C) of such section is
amended by inserting ``or the Space Force'' before the semicolon.
(3) Space force reserve.--Paragraph (27) of such section is
amended--
(A) by redesignating subparagraphs (E) through (G) as
subparagraphs (F) through (H), respectively; and
(B) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) the Space Force Reserve;''.
(c) Placement of Employees in Military Installations.--Section 701
of title 38, United States Code, is amended by striking ``and Air
Force'' and inserting ``Air Force, and Space Force''.
(d) Consideration to Be Accorded Time, Place, and Circumstances of
Service.--Section 1154(b) of title 38, United States Code, is amended
by striking ``or air organization'' and inserting ``air, or space
organization''.
(e) Premium Payments.--Section 1908 of title 38, United States
Code, is amended by inserting ``Space Force,'' after ``Marine Corps,''.
(f) Secretary Concerned for GI Bill.--Section 3020(l)(3) of title
38, United States Code, is amended by inserting ``or the Space Force''
before the semicolon.
(g) Definitions for Post-9/11 GI Bill.--Section 3301(2)(C) of title
38,United States Code, is amended by inserting ``or the Space Force''
after ``Air Force''.
(h) Provision of Credit Protection and Other Services.--Section
5724(c)(2) of title 38, United States Code, is amended by striking ``or
Marine Corps'' and inserting ``Marine Corps, or Space Force''.
SEC. 927. AMENDMENTS TO OTHER PROVISIONS OF THE UNITED STATES CODE
AND OTHER LAWS.
(a) Title 5; Definition of Armed Forces.--Section 2101(2) of title
5, United States Code, is amended by inserting after ``Marine Corps,''
the following: ``Space Force,''.
(b) Title 14.--
(1) Voluntary retirement.--Section 2152 of title 14, United
States Code, is amended by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(2) Computation of length of service.--Section 2513 of such
title is amended by inserting after ``Air Force,'' the following:
``Space Force,''.
(c) Title 18; Firearms as Nonmailable.--Section 1715 of such title
is amended by inserting ``Space Force,'' after ``Marine Corps,''.
(d) Title 31.--
(1) Definitions relating to claims.--Section 3701(a)(7) of
title 31, United States Code, is amended by inserting ``Space
Force,'' after ``Marine Corps,''.
(2) Collection and compromise.--Section 3711(f) of such title
is amended in paragraphs (1) and (3) by inserting ``Space Force,''
after ``Marine Corps,'' each place it appears.
(e) Title 41; Honorable Discharge Certificate in Lieu of Birth
Certificate.--Section 6309(a) of title 41, United States Code, is
amended by inserting ``Space Force,'' after ``Marine Corps,''.
(f) Title 51; Powers of the Administration in Performance of
Functions.--Section 20113(l) of title 51, United States Code, is
amended--
(1) in the subsection heading, by striking ``Services'' and
inserting ``Forces''; and
(2) by striking ``and Marine Corps'' and inserting ``Marine
Corps, and Space Force''.
(g) Public Law 79-772; Board of National Air and Space Museum.--
Section 1(a) of the Act of August 12, 1946 (60 Stat. 997, chapter 995;
20 U.S.C. 77(a)), is amended by inserting ``the Chief of Space
Operations, or the Chief's designee,'' after ``the Chief of Staff of
the Air Force, or his designee,''.
SEC. 928. APPLICABILITY TO OTHER PROVISIONS OF LAW.
Section 958(b)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1567; 10 U.S.C. 9081
note) is amended--
(1) in the matter preceding subparagraph (A), by striking ``or
the amendments made by this subtitle'' and inserting ``, the
amendments made by this subtitle, or the amendments made by
subtitle C of title IX of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021'';
(2) in subparagraph (A), by striking ``and'' at the end;
(3) in subparagraph (B), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new subparagraphs:
``(C) the authority of the Secretary of Defense with
respect to the Air Force, members of the Air Force, or civilian
employees of the Air Force may be exercised by the Secretary
with respect to the Space Force, members of the Space Force, or
civilian employees of the Space Force; and
``(D) the authority of the Secretary of the Air Force with
respect to the Air Force, members of the Air Force, or civilian
employees of the Air Force may be exercised by the Secretary
with respect to the Space Force, members of the Space Force, or
civilian employees of the Space Force.''.
SEC. 929. 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. 930. LIMITATION ON TRANSFER OF MILITARY INSTALLATIONS TO THE
JURISDICTION OF THE SPACE FORCE.
(a) Limitation.--A military installation (whether or not under the
jurisdiction of the Department of the Air Force) may not be transferred
to the jurisdiction or command of the Space Force until the Secretary
of the Air Force briefs the congressional defense committees on the
results of a business case analysis, conducted by the Secretary in
connection with the transfer, of the cost and efficacy of the transfer.
(b) Timing of Briefing.--The briefing on a business case analysis
conducted pursuant to subsection (a) shall be provided not later than
15 days after the date of the completion of the business case analysis
by the Secretary.
SEC. 931. ORGANIZATION OF THE SPACE FORCE.
(a) Limitations.--
(1) Secretary of defense.--The Secretary of Defense may not
establish a Space National Guard or Space Reserve as a reserve
component of the Space Force until the Secretary completes the
study under subsection (b) and determines, based on the result of
such study, that a Space National Guard or a Space Reserve is the
organization best suited to discharge, in an effective and
efficient manner, the missions intended to be assigned to such
organization.
(2) Secretary of the air force.--Until the Secretary of Defense
carries out subsection (b), the Secretary of the Air Force may
not--
(A) transfer, to another component of the Air Force, any
member or civilian personnel of the Air National Guard who is
assigned to a space mission; or
(B) relocate any asset, or dissolve any element, of the Air
National Guard or Air Force Reserve that is assigned to a space
mission.
(b) Study and Report Required.--Not later than March 31, 2021, the
Secretary of Defense shall conduct a study to formulate a plan
regarding how best to organize the active and reserve components of the
Space Force and submit to the Committees on Armed Services of the
Senate and the House of Representatives a report regarding such study.
The report shall include the following:
(1) The assumptions and factors used to make the plan.
(2) Individuals who made recommendations regarding the
organization of such components.
(3) Determinations of the Secretary regarding the mission,
organization, and unit retention of such components.
(4) The final organizational and integration recommendations
regarding such components.
(5) The proposed staffing and operational organization for such
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.
(c) Rule of Construction.--Nothing in this section may be construed
to prohibit the reserve components of the Air Force from performing
space missions or continuing to support the Air Force and the Space
Force in the performance of space missions.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budget materials for special operations forces.
Sec. 1003. Application of Financial Improvement and Audit Remediation
Plan to fiscal years following fiscal year 2020.
Sec. 1004. Incentives for the achievement by the components of the
Department of Defense of unqualified audit opinions on the
financial statements.
Sec. 1005. Audit readiness and remediation.
Sec. 1006. Addition of Chief of the National Guard Bureau to the list of
officers providing reports of unfunded priorities.
Subtitle B--Counterdrug Activities
Sec. 1011. Quarterly reports on 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 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. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1027. Modification of waiver authority on prohibition on use of
funds for retirement of certain legacy maritime mine
countermeasure platforms.
Sec. 1028. Extension of authority for reimbursement of expenses for
certain Navy mess operations afloat.
Sec. 1029. Working group on stabilization of Navy shipbuilding
industrial base workforce.
Sec. 1030. Limitation on naval force structure changes.
Subtitle D--Counterterrorism
Sec. 1041. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1042. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1043. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1044. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1051. Support of special operations to combat terrorism.
Sec. 1052. Expenditure of funds for Department of Defense clandestine
activities that support operational preparation of the
environment.
Sec. 1053. Sale or donation of excess Department of Defense personal
property for law enforcement activities.
Sec. 1054. Prohibition on retirement of nuclear powered aircraft
carriers before first refueling.
Sec. 1055. Reauthorization of National Oceanographic Partnership
Program.
Sec. 1056. Modification and technical correction to Department of
Defense authority to provide assistance along the southern
land border of the United States.
Sec. 1057. Limitation on use of funds for retirement of A-10 aircraft.
Sec. 1058. Considerations relating to permanently basing United States
equipment or additional forces in host countries with at-risk
vendors in 5G or 6G networks.
Sec. 1059. Public availability of Department of Defense legislative
proposals.
Sec. 1060. Arctic planning, research, and development.
Sec. 1061. Authority to establish a movement coordination center pacific
in the Indo-Pacific region.
Sec. 1062. Limitation on provision of funds to institutions of higher
education hosting Confucius Institutes.
Sec. 1063. Support for national maritime heritage grants program.
Sec. 1064. Requirements for use of Federal law enforcement personnel,
active duty members of the Armed Forces, and National Guard
personnel in support of Federal authorities to respond to
civil disturbances.
Subtitle F--Studies and Reports
Sec. 1071. FFRDC study of explosive ordnance disposal agencies.
Sec. 1072. Study on force structure for Marine Corps aviation.
Sec. 1073. Report on joint training range exercises for the Pacific
region.
Sec. 1074. Reports on threats to United States forces from small
unmanned aircraft systems worldwide.
Sec. 1075. Under Secretary of Defense (Comptroller) reports on improving
the budget justification and related materials of the
Department of Defense.
Sec. 1076. Quarterly briefings on Joint All Domain Command and Control
effort.
Sec. 1077. Report on civilian casualty resourcing and authorities.
Sec. 1078. Comptroller General Review of Department of Defense efforts
to prevent resale of goods manufactured by forced labor in
commissaries and exchanges.
Sec. 1079. Comptroller General report on Department of Defense processes
for responding to congressional reporting requirements.
Subtitle G--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Reporting of adverse events relating to consumer products on
military installations.
Sec. 1083. Modification to First Division monument.
Sec. 1084. Sense of Congress regarding reporting of civilian casualties
resulting from United States military operations.
Sec. 1085. Deployment of real-time status of special use airspace.
Sec. 1086. Duties of Secretary under uniformed and overseas citizens
absentee voting act.
Sec. 1087. Mitigation of military helicopter noise.
Sec. 1088. Congressional expression of support for designation of
National Borinqueneers Day.
Sec. 1089. Ted Stevens Center for Arctic Security Studies.
Sec. 1090. Establishment of vetting procedures and monitoring
requirements for certain military training.
Sec. 1091. Personal protective equipment matters.
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).
SEC. 1002. 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. 1003. APPLICATION OF FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION
PLAN TO FISCAL YEARS FOLLOWING FISCAL YEAR 2020.
Section 240b(a)(2)(A)(iii) of title 10, United States Code, is
amended by striking ``for fiscal year 2018'' and all that follows and
inserting ``for each fiscal year after fiscal year 2020 occurs by not
later than March 31 following such fiscal year;''.
SEC. 1004. INCENTIVES FOR THE ACHIEVEMENT BY THE COMPONENTS OF THE
DEPARTMENT OF DEFENSE OF UNQUALIFIED AUDIT OPINIONS ON THE FINANCIAL
STATEMENTS.
(a) Incentives Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense
(Comptroller), acting through the Deputy Chief Financial Officer of
the Department of Defense, shall develop and issue guidance to
provide incentives for the achievement by each department, agency,
and other component of the Department of Defense of unqualified
audit opinions on their financial statements.
(2) Applicability.--The guidance required under paragraph (1)
shall provide incentives for individual employees in addition to
departments, agencies, and components.
(b) Report.--Section 240b(b)(1)(B) of title 10, United States Code,
is amended by adding at the end the following new clause:
``(xiii) An description of the incentives available
pursuant to the guidance required by section 1004(a) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021, including a detailed explanation
of how such incentives were provided during the fiscal year
covered by the report.''.
SEC. 1005. AUDIT READINESS AND REMEDIATION.
(a) 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.''.
(b) Annual Report on Unfunded Priorities.--
(1) In general.--Chapter 9A of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 240i. Annual report on unfunded priorities
``(a) In General.--Not later than 10 days after the date on which
the budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105 of title 31, the Under Secretary of Defense
(Comptroller) shall submit to the Secretary of Defense, the Chairman of
the Joint Chiefs of Staff, and the congressional defense committees a
report on unfunded priorities of the Department of Defense related to
audit readiness and remediation.
``(b) Elements.--(1) Each report under subsection (a) shall
include, for each unfunded priority covered by such report, the
following:
``(A) A summary description of such priority, including the
objectives to be achieved if such priority were to be funded
(whether in whole or in part).
``(B) The additional amount of funds recommended in connection
with the objectives identified under subparagraph (A).
``(C) Account information with respect to such priority,
including, as applicable, the following:
``(i) Line item number, in the case of applicable
procurement accounts.
``(ii) Program element number, in the case of applicable
research, development, test, and evaluation accounts.
``(iii) Sub-activity group, in the case of applicable
operation and maintenance accounts.
``(2) The Under Secretary shall ensure that the unfunded priorities
covered by a report under subsection (a) are listed in the order of
urgency of priority, as determined by the Under Secretary.
``(c) Unfunded Priority Defined.--In this section, the term
`unfunded priority', with respect to a fiscal year, means an activity
related to an audit readiness or remediation effort stemming from a
relevant requirement under the Chief Financial Officer Act (Public Law
101-576), chapter 9 of title 31, or this chapter that--
``(1) is not funded in the budget of the President for that
fiscal year, as submitted to Congress pursuant to section 1105 of
title 31;
``(2) is necessary to address a shortfall in an audit readiness
or remediation activity; and
``(3) would have been recommended for funding through the
budget referred to in paragraph (1) if--
``(A) additional resources had been available for the
budget to fund the program, activity, or mission requirement;
or
``(B) the program, activity, or mission requirement had
emerged before the budget was formulated.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 240h the following new item:
``240i. Annual report on unfunded priorities.''.
SEC. 1006. ADDITION OF CHIEF OF THE NATIONAL GUARD BUREAU TO THE LIST
OF OFFICERS PROVIDING REPORTS OF UNFUNDED PRIORITIES.
Section 222a of title 10, United States Code, is amended--
(1) in subsection (b), as amended by section 924, by adding at
the end the following new paragraph:
``(7) The Chief of the National Guard Bureau in the role
assigned to that position in section 10502(c)(1) of this title.'';
and
(2) in subsection (c), by adding at the end the following new
paragraph:
``(3) National guard unfunded priorities.--
``(A) In general.--The officer specified under subsection
(b)(6) shall only include in a report submitted under
subsection (a) such priorities that--
``(i) relate to equipping requirements in support of
non-federalized National Guard responsibilities for the
homeland defense or civil support missions; and
``(ii) except as provided in subparagraph (B), were not
included in a report under this section submitted by an
officer specified in subsection (b)(1) or (3) for any of
five fiscal years preceding the fiscal year for which the
report is submitted, on behalf of National Guard forces to
address a warfighting requirement.
``(B) Exception.--The officer specified under subsection
(b)(6) may include in a report submitted under subsection (a)
an unfunded priority covered by subparagraph (A)(ii) if the
Secretary of Defense--
``(i) determines that the inclusion such unfunded
priority reasonably supports the priorities of the
Department under the national defense strategy under
section 113(g) of this title; and
``(ii) submits to the congressional defense committees
written notice of such determination.''.
Subtitle B--Counterdrug Activities
SEC. 1011. QUARTERLY REPORTS ON 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 by
adding at the end the following new paragraph:
``(3) Quarterly reports.--
``(A) In general.--Not less frequently than once each
quarter, the Secretary shall submit to the appropriate
committees of Congress a report on Department of Defense
support provided under subsection (b) during the quarter
preceding the quarter during which the report is submitted.
Each such report shall be submitted in written and electronic
form and shall include--
``(i) an identification of each recipient of such
support;
``(ii) a description of the support provided and
anticipated duration of such support; and
``(iii) a description of the sources and amounts of
funds used to provide such support;
``(B) Appropriate committees of congress.--Notwithstanding
subsection (i)(1), for purposes of a report under this
paragraph, the appropriate committees of Congress are--
``(i) the Committees on Armed Services of the Senate
and House of Representatives; and
``(ii) any committee with jurisdiction over the
department or agency that receives support covered by the
report.''.
Subtitle C--Naval Vessels
SEC. 1021. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS WITHOUT NAVAL
VESSELS PLAN AND CERTIFICATION.
Section 231 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Secretary of Defense'' and inserting
``Secretary of the Navy''; and
(B) by striking ``and'' after the colon; and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Secretary of the
Navy may not use more than 50 percent of the funds'' and
inserting ``the Secretary of Defense may not use more than 25
percent of the funds''; and
(B) in paragraph (2)--
(i) by striking ``Secretary of the Navy'' and inserting
``Secretary of Defense'';
(ii) by striking ``operation and maintenance, Navy''
and inserting ``operation and maintenance, Defense-wide'';
and
(iii) by inserting before the period at the end the
following: ``, that remain available for obligation or
expenditure as of the date on which the plan and
certification under subsection (a) are required to be
submitted''.
SEC. 1022. LIMITATIONS ON USE OF FUNDS IN 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'';
(2) in subparagraph (E)--
(A) in the matter preceding clause (i), by striking ``two''
and inserting ``four''; and
(B) in clause (ii), by striking ``2026'' and inserting
``2028''; and
(3) in subparagraph (G), by striking ``subparagraph (E)'' and
inserting ``subparagraph (F)''.
SEC. 1023. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR INCREMENTALLY
FUNDED CONTRACTS TO PROVIDE FULL FUNDING FOR COLUMBIA CLASS SUBMARINES.
(a) In General.--Section 2218a(h)(1) of title 10, United States
Code, is amended--
(1) by striking ``incrementally funded contracts for'' and all
that follows and inserting ``incrementally funded contracts for--
''; and
(2) by adding at the end the following new subparagraphs:
``(A) advance procurement of high value, long lead time items
for nuclear powered vessels to better support construction
schedules and achieve cost savings through schedule reductions and
properly phased installment payments; and
``(B) construction of the first two Columbia class
submarines.''.
(b) Limitation.--None of the amounts authorized to be appropriated
or otherwise made available for any of fiscal years 2021 through 2023
for the Department of Defense for Shipbuilding and Conversion, Navy,
for the ``Ohio Replacement Submarine'' line item, may be obligated or
expended for the construction of SSBN 827, unless otherwise
specifically provided by law.
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 sections at the beginning
of chapter 157 of title 10, United States Code, is amended by
striking the item relating to section 2631 and inserting the
following new item:
``2631. 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. BIENNIAL 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. Biennial report on shipbuilder training and the defense
industrial base
``Not later than February 1 of each even-numbered year until 2026,
the Secretary of the Navy, 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 most recent
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. Biennial report on shipbuilder training and the defense
industrial base.''.
SEC. 1027. MODIFICATION OF WAIVER AUTHORITY ON PROHIBITION ON USE OF
FUNDS FOR RETIREMENT OF CERTAIN LEGACY MARITIME MINE COUNTERMEASURE
PLATFORMS.
(a) In General.--Section 1046(b)(1) of the National Defense
Authorization Act for Fiscal Year 2018 (Public law 115-91; 131 Stat.
1556) is amended by striking ``certifies'' and inserting ``, with the
concurrence of the Director of Operational Test and Evaluation,
certifies in writing''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to waivers under subsection (b)(1) of section 1046 of the
National Defense Authorization Act for Fiscal Year 2018 of the
prohibition under subsection (a) of that section that occur on or after
that date.
SEC. 1028. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF EXPENSES FOR
CERTAIN NAVY MESS OPERATIONS AFLOAT.
Section 1014(b) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4585), as most
recently amended by section 1023(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
966), is further amended by striking ``September 30, 2020'' and
inserting ``September 30, 2025''.
SEC. 1029. WORKING GROUP ON STABILIZATION OF NAVY SHIPBUILDING
INDUSTRIAL BASE WORKFORCE.
(a) In General.--The Secretary of the Navy and the Secretary of
Labor shall jointly establish and appoint members to a working group,
which shall make recommendations to enhance the integration of
programs, resources, and expertise to strengthen the Navy shipbuilding
industrial base through greater stabilization of the workforce
available to the Navy shipbuilding industrial base.
(b) Duties.--The working group established pursuant to subsection
(a) shall carry out the following activities:
(1) Analyze existing Department of the Navy shipbuilding
contracts and other relevant information to better anticipate
future employment trends and tailor support and opportunities for
workers most vulnerable to upcoming workforce fluctuations.
(2) Identify existing Department of Labor programs for
unemployed, underemployed, and furloughed employees that could
benefit the Navy shipbuilding industrial base workforce during
times of workload fluctuations and workforce instability, and
explore potential partnerships to connect employees with
appropriate resources.
(3) Explore possible cost sharing agreements to enable the
Secretary of the Navy to contribute funding to existing Department
of Labor workforce programs to support the Navy shipbuilding
industrial base workforce.
(4) Examine possible programs that will specifically assist
furloughed employees in the Navy shipbuilding industrial base
workforce who may sporadically rely on unemployment benefits.
(5) Explore opportunities for unemployed, underemployed, or
furloughed employees in the Navy shipbuilding industrial base
workforce to receive workforce training through temporary
partnerships with States, technical schools, community colleges,
and other local workforce development opportunities.
(6) Review existing training programs for the Navy shipbuilding
industrial base workforce to maximize relevant and necessary
training opportunities that would broaden employee skillset during
times of unemployment, underemployment, or furlough, where
applicable.
(7) Assess the possibility of Navy shipbuilding employee
support programs to weather a period of unemployment,
underemployment, or furlough, including compensation options,
alternative employment, temporary stipends, or other worker support
opportunities.
(8) Study cross-State credentialing requirements and identify
any restrictions that inhibit the flexibility of the Navy
shipbuilding industrial base workforce to seek employment
opportunities across State lines, and make recommendations to
streamline licensing, credentialing, certification, and
qualification requirements within the shipbuilding industry.
(9) Review additional or new contracting authorities that could
enable the Department of the Navy to award short-term, flexible
contracts that will prioritize work for unemployed, underemployed,
or furloughed employees within the Navy shipbuilding industrial
base workforce.
(10) Identify specific workforce support programs to support
suppliers of all sizes within the Navy shipbuilding industrial
base, and assess any additional support from prime contractors that
would improve the stability of such suppliers.
(11) Assess whether greater collaboration with the United
States Coast Guard and its shipbuilding contractors and
subcontractors would improve Navy shipbuilding industrial base
workforce stability by assessing a totality of Navy and Coast Guard
shipbuilding demands.
(12) Consider potential pilot programs that will specifically
address Navy shipbuilding industrial base workforce stability.
(13) Explore any additional opportunities to invest in
recruiting, retaining, and training a skilled Navy shipbuilding
industrial base workforce.
(14) Consider and incorporate the findings and recommendations,
as appropriate, of the report on shipbuilder training and the
defense industrial base required under section 1037 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1583).
(c) Notice of Establishment and Structure.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of the Navy,
in coordination with the Secretary of Labor, shall submit to the
congressional defense committees notice regarding the membership and
structure of the working group established pursuant to subsection (a).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy, in consultation with
the Secretary of Labor, shall submit to the congressional defense
committees, the Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Education and Labor of the House of
Representatives a report containing the findings and recommendations of
the working group established pursuant to subsection (a).
(e) Termination.--The working group established pursuant to
subsection (a) shall terminate on the date that is 30 days after the
submittal of the report required under subsection (d).
SEC. 1030. 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. 1041. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as
amended by section 1043 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1586), is further
amended by striking ``December 31, 2020'' and inserting ``December 31,
2021''.
SEC. 1042. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR
MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED
FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1954), as amended by section 1044 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1586), is
further amended by striking ``December 31, 2020'' and inserting
``December 31, 2021''.
SEC. 1043. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as
amended by section 1042 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1568), is further
amended by striking ``December 31, 2020'' and inserting ``December 31,
2021''.
SEC. 1044. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1036 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1551), as most recently amended
by section 1045 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1586), is further amended by
striking ``fiscal year 2018, 2019, or 2020'' and inserting ``fiscal
years 2018 through 2021''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1051. 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 the authority in this section is
consistent with the national security of the United States.'';
(2) in subsection (d)(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 United States national security
objectives.
``(I) A description of the steps taken to ensure that the
recipients of support have not engaged in human rights
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 Suspension or Termination of Support.--
``(1) In general.--Not later than 48 hours after suspending or
terminating support to any foreign force, irregular force, group,
or individual under the authority in this section, the Secretary
shall submit to the congressional defense committees a written
notice of such suspension or termination.
``(2) Elements.--Notice provided under paragraph (1) with
respect to the suspension or termination of support shall include
each of the following elements:
``(A) A description of the reasons for the suspension or
termination of such support.
``(B) A description of any effects on regional, theatre, or
global campaign plan objectives anticipated to result from the
suspension or termination of such support.
``(C) A plan for the suspension or termination of the
support, and, in the case of support that is planned to be
transitioned to another program of the Department of Defense or
another Federal department or agency, a detailed description of
the transition plan, including the resources, equipment,
capabilities, and personnel associated with such plan.''; and
(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) Activities or support of activities, directly or
indirectly, that are inconsistent with the laws of armed
conflict.''.
SEC. 1052. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE CLANDESTINE
ACTIVITIES THAT SUPPORT OPERATIONAL PREPARATION OF THE ENVIRONMENT.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 127e the following new section:
``Sec. 127f. Expenditure of funds for clandestine activities that
support operational preparation of the environment
``(a) Authority.--Subject to subsections (b) through (d), the
Secretary of Defense may expend up to $15,000,000 in any fiscal year
for clandestine activities for any purpose the Secretary determines to
be proper for preparation of the environment for operations of a
confidential nature. Such a determination is final and conclusive upon
the accounting officers of the United States. The Secretary may certify
the amount of any such expenditure authorized by the Secretary that the
Secretary considers advisable not to specify, and the Secretary's
certificate is sufficient voucher for the expenditure of that amount.
``(b) Funds.--Funds for expenditures under this section in a fiscal
year shall be derived from amounts authorized to be appropriated for
that fiscal year for operation and maintenance, Defense-wide.
``(c) Limitation on Delegation.--The Secretary of Defense may not
delegate the authority under this section with respect to any
expenditure in excess of $250,000.
``(d) Exclusion of Intelligence Activities.--(1) This section does
not constitute authority to conduct, or expend funds for, intelligence,
counterintelligence, or intelligence-related activities.
``(2) In this subsection, the terms `intelligence' and
`counterintelligence' have the meaning given those terms in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
``(e) Annual Report.--Not later than December 31 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on expenditures made under this section during the
fiscal year preceding the year in which the report is submitted. Each
report shall include, for each expenditure under this section during
the fiscal year covered by such report--
``(1) the amount and date of such expenditure;
``(2) a detailed description of the purpose for which such
expenditure was made;
``(3) an explanation why other authorities available to the
Department of Defense could not be used for such expenditure; and
``(4) any other matters the Secretary considers appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
127e the following new item:
``127f. Expenditure of funds for clandestine activities that support
operational preparation of the environment.''.
SEC. 1053. SALE OR DONATION OF EXCESS DEPARTMENT OF DEFENSE PERSONAL
PROPERTY FOR LAW ENFORCEMENT ACTIVITIES.
(a) Inclusion of Disaster-related Emergency Preparedness Activities
Among Law Enforcement Activities Authorities.--
(1) Inclusion.--Subsection (a)(1)(A) of section 2576a of title
10, United States Code, is amended by inserting ``disaster-related
emergency preparedness,'' after ``counterterrorism,''.
(2) Preference in transfers.--Subsection (d) of such section is
amended to read as follows:
``(d) Preference for Certain Transfers.--In considering
applications for the transfer of personal property under this section,
the Secretary shall give a preference to applications indicating that
the transferred property will be used in the counterdrug,
counterterrorism, disaster-related emergency preparedness, or border
security activities of the recipient agency. Applications that request
vehicles used for disaster-related emergency preparedness, such as
high-water rescue vehicles, should receive the highest preference.''.
(b) Additional Conditions and Limitations.--
(1) Additional training of recipient agency personnel
required.--Subsection (b)(6) of section 2576a of title 10, United
States Code, is amended by inserting before the period at the end
the following: ``, including respect for the rights of citizens
under the Constitution of the United States and de-escalation of
force''.
(2) Certain property not transferrable.--Such section is
further amended--
(A) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(B) by inserting after subsection (d) the following new
subsection (e):
``(e) Property Not Transferrable.--The Secretary may not transfer
to a Tribal, State, or local law enforcement agency under this section
the following:
``(1) Bayonets.
``(2) Grenades (other than stun and flash-bang grenades).
``(3) Weaponized tracked combat vehicles.
``(4) Weaponized drones.''.
SEC. 1054. 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. 1055. 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,
technology development, 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--
(A) by striking subsections (a) through (f);
(B) by inserting the following new subsections (a) through
(e):
``(a) Committee.--There is established an Ocean Policy Committee
(hereinafter referred to as the `Committee'). The Committee shall
retain broad and inclusive membership.
``(b) Responsibilities.--The Committee shall--
``(1) continue the activities of that Committee as it was in
existence on the day before the date of the enactment of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021;
``(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) prescribe policies and procedures to implement the
National Oceanographic Partnership Program, including developing
guidelines for review, selection, identification, and approval of
partnership projects, in conjunction with Federal agencies
participating in the program, 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 or support from public, academic,
commercial, and private entities within the oceanographic
community;
``(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;
``(E) whether the project has been subjected to adequate
scientific and technical merit review according to each
participating agency; and
``(F) the approval of such guidelines by a consensus of the
members of the Committee.
``(c) Delegation of Responsibilities.--In discharging its
responsibilities in support of agreed-upon scientific needs, and to
assist in the execution of the responsibilities described in subsection
(b), the Committee may delegate responsibilities to a subcommittee of
the Committee, as the Committee determines appropriate.
``(d) Annual Report and Briefing.--(1) Not later than March 1 of
each year, the Committee shall--
``(A) make publicly available on an appropriate website a
report on the National Oceanographic Partnership Program; and
``(B) provide to the appropriate congressional committees a
briefing on the contents of the report.
``(2) Not later than 30 days after providing a briefing under
paragraph (1)(B), the Committee shall make publicly available on an
appropriate website the briefing materials covered by the briefing.
``(3) Each report and briefing shall include the following:
``(A) A description of activities of the National Oceanographic
Partnership Program carried out during the fiscal year preceding
the fiscal year during which the report is published.
``(B) A general outline of the activities planned for the
program during the fiscal year during which the report is
published.
``(C) A summary of projects, partnerships, and collaborations,
including the Federal and non-Federal sources of funding, continued
from the fiscal year preceding the fiscal year during which the
report is published and projects expected to begin during the
fiscal year during which the report is published and any subsequent
fiscal year, as required under subsection (e)(4)(C).
``(D) The amounts requested in the budget submitted to Congress
pursuant to section 1105(a) of title 31 for the fiscal year
following the fiscal year during which the report is published, 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, as required under section
8933(b)(4) of this title.
``(F) A list of the members of the Ocean Research Advisory
Panel established under section 8933(a) of this title and any
working groups described in subsection (e)(4)(A) in existence
during the fiscal years covered by the report.
``(e) 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.
``(2) The Secretary of the Navy and Administrator of the National
Oceanic and Atmospheric Administration shall use competitive procedures
to select a non-Government entity to manage the partnership program
office.
``(3) The Committee shall monitor the management of the partnership
program office.
``(4) The partnership program office shall perform the following
duties:
``(A) Supporting working groups established by the Committee or
subcommittee and reporting to the Committee and to any Federal
agency that has contributed amounts to the National Oceanographic
Partnership Program on the activities of such working groups,
including the proposals of such working groups for partnership
projects.
``(B) Supporting the process for proposing partnership projects
to the Committee and to the agencies referred to in subparagraph
(A), including, where appropriate, managing review of such
projects.
``(C) Submitting to the appropriate congressional committees,
and making 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) Performing such additional duties for the administration
of the National Oceanographic Partnership Program that the
Committee and the agencies referred to in subparagraph (A) consider
appropriate.'';
(C) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively;
(D) in subsections (f) and (g), as so redesignated, by
striking ``Council'' each place it appears and inserting
``Committee'';
(E) by inserting after subsection (g), as so redesignated,
the following new subsection (h):
``(h) Appropriate Congressional Committees.--In this section, the
term `appropriate congressional committees' means--
``(1) the Committee on Commerce, Science, and Transportation of
the Senate;
``(2) the Committee on Armed Services of the Senate;
``(3) the Committee on Appropriations of the Senate;
``(4) the Committee on Natural Resources of the House of
Representatives;
``(5) the Committee on Science, Space, and Technology of the
House of Representatives;
``(6) the Committee on Armed Services of the House of
Representatives; and
``(7) the Committee on Appropriations of the House of
Representatives.''.
(2) Clerical amendments.--
(A) Section heading.--The heading for section 8932 of title
10, United States Code, is amended to read as follows:
``Sec. 8932. Ocean Policy Committee''.
(B) Table of sections.--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 Ocean Policy Committee shall
establish an Ocean Research Advisory Panel (in this section referred to
as the `Advisory Panel'). The Advisory Panel shall consist of not fewer
than 10 and not more than 18 members appointed by the co-chairs of the
Committee, including each of the following:
``(A) Three members who represent the National Academies of
Sciences, Engineering, and Medicine.
``(B) Members selected from among individuals who 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.
``(c) Meetings.--The Committee shall require the Advisory Panel to
meet not less frequently than two times each year.
``(d) Administrative and Technical Support.--The Administrator of
the National Oceanic and Atmospheric Administration shall provide to
the Advisory Panel such administrative and technical support as the
Advisory Panel may require.
``(e) Termination.--Notwithstanding section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), the Advisory Panel shall
terminate on January 1, 2040.''.
SEC. 1056. 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 the
provision of the assistance will not negatively affect military
training, operations, readiness, or other military
requirements.
``(2) Notification requirement.--Not later than 7 days after
the date on which the Secretary approves a request for assistance
from the Department of Homeland Security under paragraph (1), the
Secretary shall electronically transmit 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 approval.''.
(b) Reporting Requirements.--Subsection (f) of such section is
amended to read as follows:
``(f) Reports.--
``(1) Report required.--At the end of each three-month period
during which assistance is provided under subsection (a), 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 the period covered by the report, 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 projected length of the deployment and any
special pay and incentives for which deployed personnel may
qualify during the deployment;
``(iii) any specific pre-deployment training provided
for such members of the Armed Forces, including members of
the reserve components;
``(iv) 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; and
``(v) the locations where units so deployed are
conducting their assigned mission, together with a map
showing such locations.
``(C) A description of any effects of such deployment on
military training, operations, readiness, or other military
requirements.
``(D) The sources and amounts of funds obligated or
expended--
``(i) during the period covered by the report; and
``(ii) during the total period for which such support
has been provided.
``(2) Form of report.--Each report submitted under this
subsection shall be submitted in unclassified form, but may include
a classified annex.''.
(c) Classification.--The Law Revision Counsel is directed to move
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.), as
amended by this section, to a note following section 284 of title 10,
United States Code.
SEC. 1057. LIMITATION ON USE OF FUNDS FOR RETIREMENT OF A-10 AIRCRAFT.
(a) Limitation.--Except as provided under subsection (b), none of
the funds authorized to be appropriated by this Act or otherwise made
available for the Department of Defense for any fiscal year may be
obligated or expended during fiscal year 2021 to divest or retire 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) Report Required.--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. 1058. CONSIDERATIONS RELATING TO 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 in a host country with at-risk
5th generation (in this section referred to as ``5G'') or sixth
generation (in this section referred to as ``6G'') wireless network
equipment, software, or 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 take into
consideration the risks to personnel, equipment, and operations of the
Department of Defense in the host country posed by current or intended
use by such country of 5G or 6G telecommunications architecture
provided by at-risk vendors, including Huawei and ZTE, and any steps to
mitigate those risks, including--
(1) any 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) any 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 requirements under subsection (a)--
(1) apply with respect to the permanent long-term stationing of
equipment and permanently assigned forces; and
(2) do not apply with respect to the short-term deployment or
rotational presence of equipment or forces to a military
installation outside the United States in connection with any
exercise, dynamic force employment, contingency operation, or
combat operation.
(c) Report.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that contains an
assessment of--
(A) 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, including Huawei and
ZTE; and
(B) measures required to mitigate the risk described in
paragraph (1).
(2) Form.--The report required by paragraph (1) shall be
submitted in a classified form with an unclassified summary.
(d) 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. 1059. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE LEGISLATIVE
PROPOSALS.
Not later than 21 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 official 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 analysis associated with
the proposal.
SEC. 1060. ARCTIC PLANNING, RESEARCH, AND DEVELOPMENT.
(a) Arctic Planning and Implementation.--
(1) In general.--The Secretary of Defense and the Chairman of
the Joint Chiefs of Staff shall continue assessing potential multi-
domain risks in the Arctic, identifying capability and capacity
gaps in the current and projected force, and planning for and
implementing the training, equipping, and doctrine requirements
necessary to mitigate such risks and gaps.
(2) Training.--In carrying out paragraph (1), the Secretary may
direct the Armed Forces to conduct training in the Arctic or
training relevant to military operations in the Arctic.
(b) Arctic Research and Development Program.--
(1) In general.--If the Secretary of Defense determines that
there are capability or capacity gaps for the Armed Forces in the
Arctic, the Secretary may conduct research and development on the
current and future requirements and needs of the Armed Forces for
operations in the Arctic.
(2) Elements.--Research and development conducted under
paragraph (1) may include the following:
(A) Development of doctrine to address any identified gaps,
including the study of existing doctrine of partners and allies
of the United States.
(B) Development of materiel solutions for operating in
extreme weather environments of the Arctic, including equipment
for individual members of the Armed Forces, ground vehicles,
and communications systems.
(C) Development of a plan for fielding future weapons
platforms able to operate in Arctic conditions.
(D) Development of capabilities to monitor, assess, and
predict environmental and weather conditions in the Arctic and
the effect of such conditions on military operations.
(E) Determining requirements for logistics and sustainment
of the Armed Forces operating in the Arctic.
SEC. 1061. AUTHORITY TO ESTABLISH A MOVEMENT COORDINATION CENTER
PACIFIC IN THE INDO-PACIFIC 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) the 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 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 obligations of the Department of Defense under that arrangement
or agreement.
SEC. 1062. LIMITATION ON PROVISION OF FUNDS TO INSTITUTIONS OF HIGHER
EDUCATION HOSTING CONFUCIUS INSTITUTES.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated or otherwise made available for any
fiscal year for the Department of Defense may be provided to an
institution of higher education that hosts a Confucius Institute, other
than amounts provided directly to students as educational assistance.
(b) Waiver.--
(1) In general.--The Secretary of Defense may waive the
limitation under subsection (a) with respect to an institution of
higher education if the Secretary, after consultation with the
National Academies of Sciences, Engineering, and Medicine,
determines such a waiver is appropriate.
(2) Management process.--If the Secretary issues a waiver under
paragraph (1), the academic liaison designated pursuant to
subsection (g) of section 1286 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358
note), as amended by section 1299C of this Act, shall manage the
waiver process on behalf of the Secretary.
(c) Effective Date.--The limitation under subsection (a) shall
apply with respect to the first fiscal year that begins after the date
that is 24 months after the date of the enactment of this Act and to
any subsequent fiscal year.
(d) Definitions.--In this section:
(1) The term ``Confucius Institute'' means a cultural institute
directly or indirectly funded by the Government of the People's
Republic of China.
(2) The term ``institution of higher education'' has the
meaning given such term in section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002).
SEC. 1063. 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. 1064. REQUIREMENTS FOR USE OF FEDERAL LAW ENFORCEMENT PERSONNEL,
ACTIVE DUTY MEMBERS OF THE ARMED FORCES, AND NATIONAL GUARD PERSONNEL
IN SUPPORT OF FEDERAL AUTHORITIES TO RESPOND TO CIVIL DISTURBANCES.
(a) In General.--Chapter 41 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 723. Support of Federal authorities in response to civil
disturbances: requirement for use of members of the Armed Forces and
Federal law enforcement personnel
``(a) Requirement.--Whenever a member of the armed forces
(including the National Guard) or Federal law enforcement personnel
provide support to Federal authorities to respond to a civil
disturbance, each individual employed in the capacity of providing such
support shall visibly display--
``(1) the individual's name or other individual identifier that
is unique to that individual; and
``(2) the name of the armed force, Federal entity, or other
organization by which such individual is employed.
``(b) Exception.--The requirement under subsection (a) shall not
apply to individuals referred to in such subsection who--
``(1) do not wear a uniform or other distinguishing clothing or
equipment in the regular performance of their official duties; or
``(2) are engaged in undercover operations in the regular
performance of their official duties.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``723. Support of Federal authorities in response to civil disturbances:
requirement for use of members of the Armed Forces and Federal
law enforcement personnel.''.
Subtitle F--Studies and Reports
SEC. 1071. 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, the United States Army EOD Association, the 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 of 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 December 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. 1072. STUDY ON FORCE STRUCTURE FOR MARINE CORPS AVIATION.
(a) Study Required.--The Secretary of Defense shall provide for the
performance of a study on the force structure for Marine Corps aviation
through 2030.
(b) Responsibility for Study.--The Secretary shall select one of
the following types of entities to perform the study pursuant to
subsection (a):
(1) An appropriate Federally funded research and development
center.
(2) An appropriate organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 which is exempt from taxation
under section 501(a) of such code.
(c) Matters To Be Considered.--In performing the study pursuant to
subsection (a), the entity performing the study shall take into
account, within the context of the current force structure for Marine
Corps aviation, the following:
(1) The 2018 National Defense Strategy and the 2018 National
Military Strategy.
(2) The Marine Corps Force Design 2030.
(3) Potential roles and missions for Marine Corps aviation
given new operating concepts for the Marine Corps.
(4) The potential for increased requirements for survivable and
dispersed strike aircraft.
(5) The potential for increased requirements for tactical or
intratheater lift, amphibious lift, or surface connectors.
(d) Study Results.--The results of the study performed pursuant to
subsection (a) shall include the following:
(1) The various force structures for Marine Corps aviation
through 2030 considered under such study, together with the
assumptions and possible scenarios identified for each such force
structure.
(2) A recommendation for the force structure for Marine Corps
aviation through 2030, including the following in connection with
such force structure:
(A) Numbers and type of aviation assets, numbers and types
of associated unmanned assets, and basic capabilities of each
such asset.
(B) A description and assessment of the deviation of such
force structure from the most recent Marine Corps Aviation
Plan.
(C) Any other information required for assessment of such
force structure, including supporting analysis.
(3) A presentation and discussion of minority views among
participants in such study.
(e) Report.--
(1) In general.--Not later than September 1, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth the results of the study
performed pursuant to subsection (a).
(2) Form.--The report under this subsection shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1073. REPORT ON JOINT TRAINING RANGE EXERCISES FOR THE PACIFIC
REGION.
(a) Report.--Not later than March 15, 2021, the Secretary of
Defense, in coordination with the Chairman of the Joint Chiefs of
Staff, the Commander of United States Indo-Pacific Command, and the
head of each of the military departments, 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 and future
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.
(4) Build and sustain United States military readiness.
(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
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 the 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.
(12) Incorporation of concepts related to the Joint Warfighting
Concept, as applicable.
(13) The plan, resource requirements, and any additional
authorities needed through fiscal year 2031 to achieve the
objectives referred to in subsection (a).
(c) Form.--The report under subsection (a) may be submitted in
classified form, and shall include an unclassified summary.
SEC. 1074. REPORTS ON THREATS TO UNITED STATES FORCES FROM SMALL
UNMANNED AIRCRAFT SYSTEMS WORLDWIDE.
(a) Strategy to Counter Threats From Small Unmanned Aircraft
Systems.--Not later than 90 days after the date of enactment of this
Act, the Secretary of the Army, as the Department of Defense executive
agent for the Department of Defense counter-small unmanned aircraft
systems program, shall develop and submit to Congress a strategy to
effectively counter threats from small unmanned aircraft systems
worldwide. The strategy shall be submitted in classified form.
(b) Report on Executive Agent Activities.--
(1) Report required.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Army shall submit
to Congress a report on the counter-small unmanned aircraft systems
program.
(2) Elements.--The report required by paragraph (1) shall
include each of the following:
(A) A description and assessment of the structure and
activities of the Secretary of the Army as the executive agent
for the counter-small unmanned aircraft systems program,
including the following:
(i) Any obstacles hindering the effective discharge of
its functions and activities, including limitations in
authorities or policy.
(ii) The changes, if any, to airspace management, rules
of engagement, and training plans that are required in
order to optimize the use by the Armed Forces of counter-
small unmanned aircraft systems.
(B) An assessment of the implementation of the strategy
required by subsection (a), and a description of any updates to
the strategy that are required in light of evolving threats to
the Armed Forces from small unmanned aircraft systems.
(c) Report on Threat From Small Unmanned Aircraft Systems.--
(1) Report required.--Not later than 180 days after the
submittal of the strategy required by subsection (a), the Secretary
of Defense shall submit to the appropriate committees of Congress a
report that sets forth a direct comparison between the threats
United States forces in combat settings face from small unmanned
aircraft systems and the capabilities of the United States to
counter such threats. The report shall be submitted in classified
form.
(2) Coordination.--The Secretary shall prepare the report
required by paragraph (1) in coordination with the Director of the
Defense Intelligence Agency and with such other appropriate
officials of the intelligence community, and such other officials
in the United States Government, as the Secretary considers
appropriate.
(3) Elements.--The report required by paragraph (1) shall
include the following:
(A) An evaluation and assessment of the current and
evolving threat to United States forces from small unmanned
aircraft systems.
(B) A description of the counter-small unmanned aircraft
systems acquired by the Department of Defense as of the date of
the enactment of this Act, and an assessment whether such
systems are adequate to meet the current and evolving threat
described in subparagraph (A).
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(d) Independent Assessment of Counter-Small Unmanned Aircraft
Systems Program.--
(1) Assessment.--Not later than 60 days after the submittal of
the strategy required by subsection (a), the Secretary of Defense
shall seek to enter into a contract with a federally funded
research and development center to conduct an assessment of the
efficacy of the counter-small unmanned aircraft systems program.
(2) Elements.--The assessment conducted pursuant to paragraph
(1) shall include the following:
(A) An identification of metrics to assess progress in the
implementation of the strategy required by subsection (a),
which metrics shall take into account the threat assessment
required for purposes of subsection (c).
(B) An assessment of progress, and key challenges, in the
implementation of the strategy using such metrics, and
recommendations for improvements in the implementation of the
strategy.
(C) An assessment of the extent to which the Department of
Defense is coordinating adequately with other departments and
agencies of the United States Government, and other appropriate
entities, in the development and procurement of counter-small
unmanned aircraft systems for the Department.
(D) An assessment of the extent to which the designation of
the Secretary of the Army as the executive agent for the
counter-small unmanned aircraft systems program has reduced
redundancies and increased efficiencies in procurement of
counter-small unmanned aircraft systems.
(E) An assessment whether United States technological
progress on counter-small unmanned aircraft systems is
sufficient to maintain a competitive edge over the small
unmanned aircraft systems technology available to United States
adversaries.
(3) Report.--Not later than 180 days after entering into the
contract referred to in paragraph (1), the Secretary shall submit
to the congressional defense committees a report setting forth the
results of the assessment required under the contract.
SEC. 1075. UNDER SECRETARY OF DEFENSE (COMPTROLLER) REPORTS ON
IMPROVING THE BUDGET JUSTIFICATION AND RELATED MATERIALS OF THE
DEPARTMENT OF DEFENSE.
(a) Reports Required.--Not later than April 1 of each of 2021
through 2025, the Under Secretary of Defense (Comptroller) shall submit
to the congressional defense committees a report on the following
matters:
(1) Modernization of covered materials, including the
following:
(A) Updating the format of such materials in order to
account for significant improvements in document management and
data visualization.
(B) Expanding the scope and quality of data included in
such materials.
(2) Streamlining of the production of covered materials within
the Department of Defense.
(3) Transmission of covered materials to Congress.
(4) Availability of adequate resources and capabilities to
permit the Department to integrate changes to covered materials
together with its submittal of current covered materials.
(5) Promotion of the flow between the Department and the
congressional defense committees of other information required by
Congress for its oversight of budgeting for the Department and the
future-years defense programs.
(b) Covered Materials Defined.--In this section, the term ``covered
materials'' means the following:
(1) Materials submitted in support of the budget of the
President for a fiscal year under section 1105(a) of title 31,
United States Code.
(2) Materials submitted in connection with the future-years
defense program for a fiscal year under section 221 of title 10,
United States Code.
SEC. 1076. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND AND CONTROL
EFFORT.
(a) In General.--During the period beginning on October 1, 2021,
and ending on October 1, 2024, the Vice Chairman of the Joint Chiefs of
Staff, the Chief Information Officer of the Department of Defense, and
a senior military service representative for each of the Armed Forces
shall provide to the Committees on Armed Services of the Senate and
House of Representatives quarterly briefings on the progress of the
Department's Joint All Domain Command and Control (in this section
referred to as ``JADC2'') effort.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the JADC2 effort, the following elements:
(1) The status of the joint concept of command and control.
(2) How the JADC2 effort 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 Cross Functional Team, the Armed Forces, and
the Office of the Secretary of Defense with respect to JADC2, and
how the Armed Forces, the Cross Functional Team, 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. 1077. REPORT ON CIVILIAN CASUALTY RESOURCING AND AUTHORITIES.
(a) 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 (Public Law
116-92; 10 U.S.C. 134 note).
(b) 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 on the current resources and
authorities applied to civilian casualty mitigation, investigation, and
response and an articulation of what, if any, additional resources or
authorities will be necessary to fully implement 936 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 116-92; 10 U.S.C. 134 note).
(c) Elements.--The report required under subsection (b) shall
include the following:
(1) An accounting of the number of personnel at each combatant
command, the Joint Staff, and Office of the Secretary of Defense
who, as of the date of the enactment of this Act, are either
exclusively or partially dedicated to--
(A) assessing, investigating, accounting for, and
responding to allegations of civilian casualties resulting from
United States military operations;
(B) incorporating civilian casualty mitigation efforts into
operational plans and activities;
(C) building partner capacity for mitigating civilian
casualties; or
(D) any other relevant matters.
(2) An estimate of the number of personnel projected to be
required during the three-year period beginning on the date of the
enactment of this Act by each combatant command, the Joint Staff,
and Office of the Secretary of Defense to--
(A) assess, investigate, account for, and respond to
allegations of civilian casualties resulting from United States
military operations;
(B) incorporate civilian casualty mitigation efforts into
operational plans and activities;
(C) build partner capacity for mitigating civilian
casualties; and
(D) perform any other relevant functions.
(3) A description of any specialized information technology
equipment, support and maintenance, and data storage capabilities
used by the Department of Defense as of the date of the enactment
of this Act to--
(A) receive allegations of, assess, investigate, account
for, and respond to allegations of civilian casualties
resulting from United States military operations;
(B) incorporate civilian casualty mitigation efforts into
operational plans and activities; and
(C) perform any other relevant functions.
(4) An estimate of the projected costs during the three-year
period beginning on the date of the enactment of this Act of any
specialized information technology equipment, support and
maintenance, and data storage capabilities to--
(A) receive allegations of, assess, investigate, account
for, and respond to allegations of civilian casualties
resulting from United States military operations;
(B) incorporate civilian casualty mitigation efforts into
operational plans and activities; and
(C) perform any other relevant functions.
(5) An identification of relevant statutory authorities used by
the Department, as of the date of the enactment of this Act, to
investigate, account for, and respond to allegations of civilian
casualties resulting from United States military operations.
(6) A detailed description of any additional changes to the
personnel, resources, and authorities of the Department necessary
to fully implement 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 116-92; 10
U.S.C. 134 note) in future years.
(7) Any other matters determined relevant by the Secretary of
Defense.
(d) Public Availability of Report.--Not later than 45 days after
the report required under subsection (b) is submitted to the
congressional defense committees, the Secretary of Defense shall make
the report publicly available on an appropriate website of the
Department of Defense.
SEC. 1078. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE EFFORTS
TO PREVENT RESALE OF GOODS MANUFACTURED BY FORCED LABOR IN COMMISSARIES
AND EXCHANGES.
(a) Review Required.--The Comptroller General of the United States
shall conduct a review of the policies and processes of the Department
of Defense governing the purchase of goods for resale in the
commissaries and exchanges of the Department that are produced in, or
imported from, areas where forced labor may be used, including the
Xinjiang Uyghur Autonomous Region of China.
(b) Elements of Review.--The review required under subsection (a)
shall include the following:
(1) The laws, regulations, and departmental policies governing
the purchase of imported goods by the Department of Defense as part
of the retail supply chains of the Department.
(2) The extent to which the Department has processes in place
to prevent goods produced or manufactured by forced labor from
being resold in commissaries and exchanges of the Department.
(3) The kinds of information obtained from suppliers to such
commissaries and exchanges regarding the source of goods or the use
of forced labor to produce goods.
(4) The extent to which the Department coordinates with other
Federal agencies on matters pertaining to the importation and
resale of goods produced by forced labor.
(5) Any other relevant matters as determined by the Comptroller
General.
(c) Briefing and Report.--
(1) Briefing.--Not later than June 1, 2021, the Comptroller
General shall provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on the review
required under subsection (a).
(2) Report.--No later than December 1, 2021, the Comptroller
General shall submit to such committees a report on such review,
which shall contain each of the elements under subsection (b).
SEC. 1079. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
PROCESSES FOR RESPONDING TO CONGRESSIONAL REPORTING REQUIREMENTS.
(a) Comptroller General Analysis.--Not later than one 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 containing an analysis of the processes of the Department of
Defense for responding to congressional reporting requirements.
(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 compliance of
the Department with congressional reporting requirements.
(c) Contents of Report.--The report required by subsection (a)
shall include each of the following:
(1) A review of--
(A) current laws, guidance, policies for Department of
Defense compliance with congressional reporting requirements;
(B) recent direction from the congressional defense
committees concerning how the Department designs, modifies,
tracks, delivers, and inventories completed reports; and
(C) the response of the Department of Defense to the plan
required by section 874 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1906).
(2) An evaluation of the cost and effectiveness of--
(A) the existing processes the Department of Defense uses
to track and respond to congressional reporting requirements;
and
(B) the ongoing modernization efforts referred to in
subparagraphs (B) and (C) of paragraph (1), including--
(i) the design, development, and fielding of efforts to
modernize existing report tracking systems;
(ii) the potential for system-level access solutions;
and
(iii) the standardization of report-related data,
including types of reporting requirements.
(3) An analysis of further options for modernizing the
preparation and coordination process for required reports and other
written correspondence from the Department of Defense to the
congressional defense committees. Such analysis shall include--
(A) the coordination of Department of Defense business
practices and internal policies with legislative processes; and
(B) the feasibility of the Department of Defense, the
Government Publishing Office, or another Federal Government
entity maintaining a consolidated online public database for
unclassified reports submitted after the date of the enactment
of this Act pursuant to a congressional reporting requirement
that includes, for each report in the database--
(i) a copy of the report;
(ii) the deadline on which the report was required to
be submitted to Congress;
(iii) the date on which the report was transmitted;
(iv) the total cost associated with the report; and
(v) a brief summary of the report, including a citation
to the legislative text requiring the report.
(d) Congressional Reporting Requirement Defined.--In this section.
the term ``congressional reporting requirement'' means a requirement
that the Secretary of Defense, or any element or official of the
Department of Defense, submit to Congress, or to a committee of
Congress, an unclassified report or briefing by reason of--
(1) any provision of title 10, United States Code;
(2) a provision of any National Defense Authorization Act;
(3) a provision of a statement of managers that accompanied the
conference report for any National Defense Authorization Act; or
(4) a provision of a committee report that accompanied a
version of any National Defense Authorization Act, as reported by
the Committee on Armed Services of the Senate or the Committee on
Armed Services of the House of Representatives.
Subtitle G--Other Matters
SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The table of chapters at the beginning of subtitle A of
title 10, United States Code, and at the beginning of part I of
such subtitle, are each amended by inserting before the item
relating to chapter 20 the following new item:
``19. Cyber Matters..............................................391.''.
(2) The table of chapters at the beginning of subtitle A of
title 10, United States Code, and at the beginning of part IV of
such subtitle, are each amended by inserting after the item
relating to chapter 112 the following new item:
``113. Defense Civilian Training Corps.........................2200g.''.
(3) The table of chapters at the beginning of subtitle A of
title 10, United States Code, and at the beginning of part IV of
such subtitle, are each amended by striking the item relating to
chapter 140 and inserting the following new item:
``140. Procurement of Commercial Products and Commercial Service2375.''.
(4)(A) The section designation of each section in chapter 113
of title 10, United States Code, is amended by striking ``sec.''
and inserting ``Sec. ''.
(B) Each corresponding item in the table of sections at the
beginning of such chapter is amended by striking ``Sec.'', other
than where it appears preceding the item relating to section 2200g.
(5) Section 101(a)(13)(B) is amended by striking ``section
712'' and inserting ``section 3713''.
(6) Section 118(3) is amended by inserting ``and'' after
```materiel and operational capability',''.
(7) Subsection (g) of section 127e, as redesignated by section
1051, is amended by striking ``Low-Intensity'' and inserting ``Low
Intensity''.
(8) Section 130i is amended--
(A) in subsection (i)(1), by striking ``of subsection'' and
all that follows through ``shall'' and insert ``of subsection
(j)(3)(C) shall''; and
(B) in subsection (j)(6), by adding a period at the end.
(9) Section 142 is amended--
(A) by striking subsection (d); and
(B) by redesignating the second subsection (c) as
subsection (d).
(10) Section 171a(i)(1) is amended by striking ``Acquisitions''
and inserting ``Acquisition''.
(11) Section 192(c) is amended by striking the first paragraph
(1).
(12) Section 222a(d)(1)(C)(i) is amended by inserting ``had''
before ``been''.
(13) Section 231 is amended--
(A) by striking ``quadrennial defense review'' each place
it appears and inserting ``national defense strategy''; and
(B) in subsection (f)(3), by striking ``section 118'' and
inserting ``section 113(g)''.
(14) Section 240b(b)(1)(B) is amended--
(A) in clause (ix), by striking ``suhsection'' and
inserting ``subsection''; and
(B) in clause (xii), by inserting ``of'' after
``identification''.
(15) Section 393(b)(2)(D) is amended by striking ``of Defense''
and all that follows through the period and inserting ``of Defense
for Intelligence and Security''.
(16) Section 397(b)(5) is amended by striking ``Persons'' and
inserting ``persons''.
(17) Section 430(b)(1) is amended by inserting ``and Security''
after ``for Intelligence''.
(18) Section 617(d) is amended by striking ``section 616(g)''
and inserting ``section 616(h)''.
(19) The table of sections at the beginning of chapter 41 is
amended--
(A) in the item relating to section 715 by inserting a
period at the end; and
(B) by moving the item relating to section 714 so that it
appears immediately after the item relating to section 713.
(20) The table of sections at the beginning subchapter VII of
chapter 47 is amended by striking the item relating to section 837
(article 37) and inserting the following:
``837. 37. Command influence.''.
(21) Section 991(a)(4)(A) is amended by striking ``The
amount.'' and inserting ``The amount''.
(22) Section 1044e is amended by striking ``subsection (h)''
each place it appears and inserting ``subsection (i)''.
(23) The table of sections at the beginning of chapter 54 is
amended by inserting after the item relating to section 1064 the
following:
``1065. Use of commissary stores and MWR facilities: certain veterans
and caregivers for veterans.''.
(24) Section 1073c(a) is amended--
(A) by redesignating the second paragraph (6) as paragraph
(4); and
(B) by moving paragraph (4) (as redesignated by
subparagraph (A)) so as to appear before paragraph (5).
(25) Section 1079(q) is amended by striking ``section
1074g(h)'' and inserting ``section 1074g(i)''.
(26) 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.''.
(27) Section 1475(a)(4) is amended by striking ``or; or'' and
inserting ``or''.
(28) Section 1553(d)(1)(B) is amended by striking ``in based''
and inserting ``is based''.
(29) Section 1564(c)(2) is amended in the matter preceding
subparagraph (A) by striking ``in an'' and inserting ``is an''.
(30) The table of sections at the beginning of subchapter I of
chapter 87 is amended by striking the item relating to section 1702
and inserting the following new item:
``1702. Under Secretary of Defense for Acquisition and Sustainment:
authorities and responsibilities.''.
(31) Section 1701(a) is amended--
(A) in subsection (b)(6), by striking the period at the end
and inserting a semicolon; and
(B) in subsection (c), by striking the paragraph headings
for paragraphs (1) and (2).
(32) Section 1746(b)(3)(A) is amended by striking the second
semicolon that appears before ``and'' at the end.
(33) Section 1784(h)(5) is amended by striking ``expire'' and
inserting ``expires''.
(34) Section 2004 is amended in subsections (d) and (e) by
striking ``enlistment'' both places it appears and inserting
``enlisted''.
(35) The table of sections at the beginning of chapter 135 is
amended by striking the item relating to section 2279c.
(36) Section 2339a(b)(1) is amended by inserting ``and
Security'' after ``for Intelligence''.
(37) Section 2358b(a)(2) is amended by striking ``to
accelerate'' and inserting ``accelerate''.
(38) 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.''.
(39) 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.''.
(40) Section 2409a(c)(3) is amended by striking ``Stat. 664,''
and inserting ``50 Stat. 664;''.
(41) Section 2417(2) is amended by striking ``entities -'' and
inserting ``entities--''.
(42) Section 2583(g)(2)(A) is amended by inserting ``or'' after
the semicolon.
(43) Section 2641b(a)(3)(B) is amended by striking ``subsection
(c)(5)'' and inserting ``subsection (c)(6)''.
(44) Section 2804(b) is amended in the third sentence by
striking ``; and''.
(45) Section 8680(a)(2)(C)(ii) is amended, in the matter
preceding subclause (I), by striking the period after the dash.
(46) Section 8749(a) is amended by striking ``alcohol tests''
and inserting ``alcohol test''.
(47) The tables of chapters at the beginning of subtitle D and
part I of such subtitle are each amended by striking the period at
the end of the item relating to chapter 908.
(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 2020.--Effective as of December 20, 2020,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended
as follows:
(1) Section 234(f)(1) (10 U.S.C. 2164 note) is amended by
striking ``the a'' and inserting ``a''.
(2) Section 540B(b)(4) (10 U.S.C. 1561 note; 133 Stat. 1365) is
amended by striking ``their their'' and inserting ``their''.
(3) Section 821 (133 Stat. 1490) is amended by inserting ``Carl
Levin and Howard P. `Buck' McKeon'' before ``National Defense
Authorization Act for Fiscal Year 2015''.
(4) Section 861(i)(2) (10 U.S.C. 1761 prec.; 133 Stat. 1519) is
amended by striking ``subchapter II'' and inserting ``subchapter
V''.
(5) Section 1009(c) (133 Stat. 1576; 10 U.S.C. 240b note) is
amended by striking ``a reporting'' and inserting ``a report''.
(6) Section 1631(i)(1) (133 Stat. 1745) is amended by striking
``foreign person'' and inserting ``foreign power''.
(7) Section 1647(b)(3)(A) is amended by striking ``by used''
and inserting ``be used''.
(8) Section 1731(a)(2) (133 Stat. 1812; 10 U.S.C. 101 prec.) is
amended by striking ``part I'' and inserting ``part III''.
(9) Section 2801(b)(2) (133 Stat. 1881) is amended by inserting
``subchapter I of'' before ``chapter 169''.
(d) 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 154(a)(1) (10 U.S.C. 2302 note) is amended by
striking ``of an'' and inserting ``of''.
(2) 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''.
(3) 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)''.
(4) Section 836 (132 Stat. 1859) is amended--
(A) in subsection (a)(2)(B), by inserting ``of such title''
after ``Section 104(1)(A)''; and
(B) in subsection (c)--
(i) in paragraph (5)(B), by striking ``subsection
(d)(2)'' and inserting ``subsection (d)(3)''; and
(ii) by amending paragraph (8) to read as follows:
``(8) Section 2321(f) is amended by striking `commercial items'
and inserting `commercial products'.''.
(5) Section 889(f) (132 Stat. 1918; 41 U.S.C. 3901 note prec.)
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''.
(e) NDAA for Fiscal Year 2018.--Effective as of December 12, 2017,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) is amended
as follows:
(1) Section 1701(a)(4)(A) (131 Stat. 1796) is amended by
striking ``Section 831(n)(2)(g)'' and inserting ``Section
831(o)(2)(G)''.
(f) NDAA for Fiscal Year 2016.--Effective as of December 23, 2016,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) is amended
as follows:
(1) In section 541(a) (10 U.S.C. 1561 note), by striking
``section 1044e(g)'' and inserting ``section 1044e(h)''.
(2) In section 856(a)(1) (10 U.S.C. 2377 note), by inserting
``United States Code,'' after ``title 41,''.
(3) In section 1675(a), by striking ``Board,,'' and inserting
``Board,''.
(g) 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. 1082. REPORTING OF ADVERSE EVENTS RELATING TO CONSUMER PRODUCTS ON
MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense shall issue to the
military departments guidance to encourage the reporting of any adverse
event related to a consumer product that occurs on a military
installation on the appropriate consumer product safety website.
(b) Definitions.--In this section:
(1) The term ``adverse event'' means--
(A) any event that indicates that a consumer product--
(i) fails to comply with an applicable consumer product
safety rule or with a voluntary consumer product safety
standard upon which the Consumer Product Safety Commission
has relied under section 9 of the Consumer Product Safety
Act (15 U.S.C. 2058);
(ii) fails to comply with any other rule, regulation,
standard, or ban under that Act or any other Act enforced
by the Commission;
(iii) contains a defect that could create a substantial
product hazard described in section 15(a)(2) of the
Consumer Product Safety Act (15 U.S.C. 2064(a)(2)); or
(iv) creates an unreasonable risk of serious injury or
death; or
(B) any other harm described in subsection (b)(1)(A) of
section 6A of the Consumer Product Safety Act (15 U.S.C. 2055a)
and required to be reported in the database established under
subsection (a) of that section.
(2) The term ``consumer product'' has the meaning given that
term in section 3 of the Consumer Product Safety Act (15 U.S.C.
2052).
SEC. 1083. MODIFICATION TO FIRST DIVISION MONUMENT.
(a) Authorization.--The Society of the First Infantry Division may
make modifications to the First Division Monument located on Federal
land in President's Park in the District of Columbia to honor the dead
of the First Infantry Division, United States Forces, in--
(1) Operation Desert Storm;
(2) Operation Iraqi Freedom and New Dawn; and
(3) Operation Enduring Freedom.
(b) Modifications.--Modifications to the First Division Monument
may include construction of additional plaques and stone plinths on
which to put plaques.
(c) Applicability of Commemorative Works Act.--Chapter 89 of title
40, United States Code (commonly known as the ``Commemorative Works
Act''), shall apply to the design and placement of the commemorative
elements authorized by this section, except that subsections (b) and
(c) of section 8903 of such title shall not apply.
(d) Collaboration.--The First Infantry Division of the Department
of the Army shall collaborate with the Secretary of Defense to provide
to the Society of the First Infantry Division the list of names to be
added to the First Division Monument in accordance with subsection (a).
(e) Funding.--Federal funds may not be used for modifications of
the First Division Monument authorized by this section.
SEC. 1084. 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;
(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;
(3) that 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;
(4) that the Department has been responsive and 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 proactively updated reports as
appropriate;
(5) to commend the United States Africa Command for announcing
on March 21, 2020, its intent to issue quarterly reports on the
status of ongoing civilian casualty allegations and assessments;
(6) 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
(7) to encourage the Department to make additional progress
in--
(A) ensuring that the combatant commands have the requisite
personnel and resources to appropriately integrate the
observance of human rights and the protection of civilians and
civilian objects in the planning and activities of the
commands;
(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) enhancing the ability of 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. 1085. DEPLOYMENT OF REAL-TIME STATUS OF SPECIAL USE AIRSPACE.
Not later than 180 days after the date of the enactment of this
Act, to the maximum extent practicable, the Administrator of the
Federal Aviation Administration, in coordination with the Secretary of
Defense, shall enable the automated public dissemination of information
on the real-time status of the activation or deactivation of military
operations areas and restricted areas in a manner that is similar to
the manner that temporary flight restrictions are published and
disseminated.
SEC. 1086. 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, feasible, and practical to ensure that a 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 a
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. 1087. MITIGATION OF MILITARY HELICOPTER NOISE.
(a) Process for Tracking Complaints.--The Secretary of Defense, in
coordination with the Metropolitan Washington Airports Authority, shall
develop a process to receive, track, and analyze complaints of military
rotary wing aircraft noise in the National Capital Region that are
registered on the noise inquiry websites of Ronald Reagan Washington
National Airport and Dulles International Airport.
(b) National Capital Region.--In this section, the term ``National
Capital Region'' has the meaning given such term in section 2674(f)(2)
of title 10, United States Code.
SEC. 1088. CONGRESSIONAL EXPRESSION OF SUPPORT FOR DESIGNATION OF
NATIONAL BORINQUENEERS DAY.
Congress--
(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 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 members of the Armed
Forces; and
(C) to recognize the significant contributions to United
States history made by the Borinqueneers.
SEC. 1089. 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 of Defense
interests in the Arctic region.
(B) A description of the mission and purpose of such a
center, including--
(i) enhancing understanding of the dynamics and
national security implications of an emerging Arctic
region, including increased access for transit and
maneuverability; and
(ii) other 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, which shall
include an enumeration and valuation of criteria, which may
include--
(i) the proximity of a location to other academic
institutions that study security implications with respect
to the Arctic region;
(ii) the proximity of a location to the designated lead
for Arctic affairs of the United States Northern Command;
and
(iii) the proximity of a location 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.
(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 that 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.--Subject to a determination by the Secretary to
establish the Ted Stevens Center for Arctic Security Studies under
this section, the Center shall be established at a location
determined suitable pursuant to subsection (a)(2)(D).
SEC. 1090. 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) Information required.--The Secretary shall identify the
information required to conduct the vetting under this section.
(4) 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, or any successor policy guidance that restricts
transporting, possessing, storing, or using personally owned
firearms on Department of Defense installations or property.
(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) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional 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.
(2) Report by comptroller general.--Not later than three years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appropriate
congressional committees 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) 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 ``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.
(3) The term ``United States'' means the several States, the
District of Columbia, the Commonwealth of Puerto Rico, and Guam.
(4) The term ``immediate family member'' with respect to any
individual means the parent, step-parent, spouse, sibling, step-
sibling, half-sibling, child, or step-child of the individual.
SEC. 1091. PERSONAL PROTECTIVE EQUIPMENT MATTERS.
(a) Briefings on Fielding of Newest Generations of PPE to the Armed
Forces.--
(1) Briefings required.--Not later than January 31, 2021, each
Secretary of a military department shall submit to Congress a
briefing on the fielding of the newest generations of personal
protective equipment to the Armed Forces under the jurisdiction of
such Secretary.
(2) Elements.--Each briefing under paragraph (1) shall include,
for each Armed Force covered by such briefing, the following:
(A) A description and assessment of the fielding of newest
generations of 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 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 fielding of such generations of equipment to such
members.
(C) A description and assessment of challenges in the
fielding of such generations of equipment to such members,
including cost overruns, contractor delays, and other
challenges.
(b) System for Tracking Data on Injuries Among Members of the Armed
Forces in Use of Newest Generation PPE.--
(1) System required.--
(A) In general.--The Secretary of Defense 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 paragraph
may, at the election of the Secretary, be new for purposes of
this subsection or within or a modification of an appropriate
existing system.
(2) Briefing.--Not later than January 31, 2025, the Secretary
shall submit to Congress a briefing on the prevalence among members
of the Armed Forces of preventable injuries attributable to ill-
fitting or malfunctioning personal protective equipment.
(c) Assessments of Members of the Armed Forces of Injuries Incurred
in Connection With Ill-fitting or Malfunctioning PPE.--
(1) In general.--Each health assessment specified in paragraph
(2) that is undertaken after the date of the enactment of this Act
shall include the following:
(A) 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.
(B) In the case of any member who has so incurred such an
injury, one or more elements of self-evaluation of such injury
by such member for purposes of facilitating timely
documentation and enhanced monitoring of such members and
injuries.
(2) Assessments.--The health assessments specified in this
paragraph are the following:
(A) The annual Periodic Health Assessment of members of the
Armed Forces.
(B) The post-deployment health assessment of members of the
Armed Forces.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Department of Defense policy on unclassified workspaces and
job functions of personnel with pending security clearances.
Sec. 1102. Enhancement of public-private talent exchange programs in the
Department of Defense.
Sec. 1103. Paid parental leave technical corrections.
Sec. 1104. Authority to provide travel and transportation allowances in
connection with transfer ceremonies of certain civilian
employees who die overseas.
Sec. 1105. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1107. Civilian faculty at the Defense Security Cooperation
University and Institute of Security Governance.
Sec. 1108. Temporary authority to appoint retired members of the Armed
Forces to positions in the Department of Defense.
Sec. 1109. Fire fighters alternative work schedule demonstration project
for the Navy Region Mid-Atlantic Fire and Emergency Services.
Sec. 1110. Special rules for certain monthly workers' compensation
payments and other payments for Federal Government personnel
under chief of mission authority.
Sec. 1111. Temporary increase in limitation on accumulation of annual
leave for Executive branch employees.
Sec. 1112. Telework travel expenses program of the United States Patent
and Trademark Office.
Sec. 1113. 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. 1114. Enhanced pay authority for certain acquisition and technology
positions in the Department of Defense.
Sec. 1115. Enhanced pay authority for certain research and technology
positions in the science and technology reinvention
laboratories of the Department of Defense.
Sec. 1116. Extension of enhanced appointment and compensation authority
for civilian personnel for care and treatment of wounded and
injured members of the armed forces.
Sec. 1117. Expansion of direct hire authority for certain Department of
Defense personnel to include installation military housing
office positions supervising privatized military housing.
Sec. 1118. Extension of sunset of inapplicability of certification of
executive qualifications by qualification certification review
board of office of personnel management for initial
appointments to senior executive service positions in
department of defense.
Sec. 1119. Pilot program on enhanced pay authority for certain high-
level management positions in the Department of Defense.
Sec. 1120. Recruitment incentives for placement at remote locations.
Sec. 1121. Technical amendments regarding reimbursement of Federal,
State, and local income taxes incurred during travel,
transportation, and relocation.
Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020
Sec. 1131. Short title.
Sec. 1132. Sense of Congress.
Sec. 1133. Notification of violation.
Sec. 1134. Reporting requirements.
Sec. 1135. Data to be posted by employing Federal agencies.
Sec. 1136. Data to be posted by the Equal Employment Opportunity
Commission.
Sec. 1137. Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 amendments.
Sec. 1138. Nondisclosure agreement limitation.
Subtitle A--General Provisions
SEC. 1101. DEPARTMENT OF DEFENSE POLICY ON UNCLASSIFIED WORKSPACES AND
JOB FUNCTIONS OF PERSONNEL WITH PENDING SECURITY CLEARANCES.
(a) Policy Required.--The Secretary of Defense shall develop and
implement a policy under which a covered individual may occupy a
position within the Department of Defense that requires a security
clearance to perform appropriate unclassified work, or work
commensurate with a security clearance already held by the individual
(which may include an interim security clearance), while such
individual awaits a final determination with respect to the security
clearance required for such position.
(b) Unclassified Work Spaces.--As part of the policy under
subsection (a), the Secretary of Defense shall--
(1) ensure, to the extent practicable, that all facilities of
the Department of Defense at which covered individuals perform job
functions have unclassified workspaces; and
(2) issue guidelines under which appropriately screened
individuals, who are not covered individuals, may use the
unclassified workspaces on a space-available basis.
(c) Report.--Not later than one year after the date of 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
setting forth the policy required by subsection (a). The report shall
include the following:
(1) Identification of any challenges or impediments to allowing
covered individuals fill positions on a probationary basis as
described in subsection (a).
(2) A plan for implementing the policy.
(3) A description of how existing facilities may be modified to
accommodate unclassified workspaces.
(4) Identification of impediments to making unclassified
workspace available.
(d) Covered Individual Defined.--In this section, the term
``covered individual'' includes a member of the Armed Forces, a
civilian employee of the Department of Defense, or an applicant for a
civilian position within the Department of Defense, who has applied
for, but who has not yet received, a security clearance that is
required for the individual to perform one or more job functions.
SEC. 1102. 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.''; and
(2) by amending paragraph (4) of subsection (f) to read as
follows:
``(4) may not perform work that is considered inherently
governmental in nature; and''.
(b) Application of Exchange Authority to Modernization
Priorities.--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 of the Secretary to carry out a public-private talent
exchange program under section 1599g of title 10, United States Code
(as amended by subsection (a)), is used to--
(1) carry out exchanges of personnel with private sector
entities that are working on the modernization priorities of the
Department of Defense; and
(2) carry out exchanges in--
(A) the office of the Under Secretary of Defense for
Research and Engineering;
(B) the office of the Chief Information Officer of the
Department of Defense;
(C) each Armed Force under the jurisdiction of the
Secretary of a military department; and
(D) any other organizations or elements of the Department
of Defense the Secretary determines appropriate.
(c) Conflicts of Interest.--The Secretary shall implement a system
to identify, mitigate, and manage any conflicts of interests that may
arise as a result of an individual's participation in a public-private
talent exchange under section 1599g of title 10, United States Code.
(d) Treatment of Program Participants.--The Secretary of Defense,
in consultation with each Secretary of a military department, shall
develop practices to ensure that participation by a member of an Armed
Force under the jurisdiction of the Secretary of a military department
in an public-private talent exchange under section 1599g of title 10,
United States Code, is taken into consideration in subsequent
assignments.
(e) Briefing on Use of Existing Exchange Program Authority.--
(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 of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing
on the efforts undertaken--
(A) to implement the public-private exchange programs of
the Department of Defense; and
(B) to ensure that such programs seek opportunities for
exchanges with private sector entities working on modernization
priorities of the Department of Defense, including artificial
intelligence applications, in accordance with the requirements
of this section.
(2) Elements.--Each briefing under paragraph (1) shall include
an explanation of--
(A) what barriers may prevent supervisors from nominating
their staff and encouraging participation in public-private
exchange programs;
(B) how the Department can incentivize senior leaders and
supervisors to encourage participation in such programs;
(C) how the Department is implementing the requirment of
subsection (c) relating to conflicts of interest; and
(D) what, if any, statutory changes or authorities are
needed to effectively carry out such programs.
SEC. 1103. PAID PARENTAL LEAVE TECHNICAL CORRECTIONS.
(a) Short Title.--This section may be cited as the ``Paid Parental
Leave Technical Corrections Act of 2020''.
(b) Paid Parental Leave for Employees of District of Columbia
Courts and District of Columbia Public Defender Service.--
(1) 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 a 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.''.
(2) District of columbia public defender service.--Section 305
of the District of Columbia Court Reform and Criminal Procedure Act
of 1970 (section 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.''.
(c) FAA and TSA.--
(1) In general.--Section 40122(g) of title 49, United States
Code, is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following:
``(5) Paid parental leave.--The Administrator shall implement a
paid parental leave benefit for employees of the Administration
that is, at a minimum, consistent with the paid parental leave
benefits provided under section 6382 of title 5.''.
(2) Effective date.--The amendments made by paragraph (1) shall
apply with respect to any birth or placement occurring on or after
October 1, 2020.
(3) Rule of construction.--Nothing in this subsection, or any
amendment made by this subsection, may be construed to affect leave
provided to an employee of the Transportation Security
Administration before October 1, 2020.
(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 for compensation by the
Administration, family and medical leave in the same manner and subject
to the same limitations 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
apply with respect to any event for which leave may be taken under
subchapter V of chapter 63 of title 5, United States Code,
occurring on or after October 1, 2020.
(e) Employees of Executive Office of the President.--
(1) In general.--Section 412 of title 3, United States Code, is
amended--
(A) in subsection (a), by adding at the end the following:
``(3) Exception.--Notwithstanding section 401(b)(2), the
requirements of paragraph (2)(B) shall not apply with respect to
leave 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)).'';
(B) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(C) by inserting after subsection (b) the following:
``(c) Special Rules for Substitution of Paid 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) Available leave.--The paid leave that is available to a
covered employee for purposes of paragraph (1) is leave of the type
and in the amount available to an employee under section
6382(d)(2)(B) of title 5, United States Code, for substitution for
leave without pay under subparagraph (A) or (B) of section
6382(a)(1) of such title.
``(3) Consistency with title 5.--Paid leave shall be
substituted under this subsection in a manner that is consistent
with the requirements in section 6382(d)(2) of title 5, United
States Code, except that a reference in that section to an
employing agency shall be considered to be a reference to an
employing office, and subparagraph (E) of that section shall not
apply.'';
(D) in paragraph (2) of subsection (d), as redesignated by
subparagraph (B)--
(i) in subparagraph (A), by striking ``and'' at the end
of the subparagraph;
(ii) in subparagraph (B) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) except that the President or designee shall issue
regulations to implement subsection (c) in accordance with the
requirements of that subsection.''; and
(E) in paragraph (1) of subsection (e), as redesignated by
subparagraph (B), by inserting after ``subsection (c)'' the
following: ``(as in effect on the date of enactment of the
Presidential and Executive Office Accountability Act)''.
(2) Applicability.--The amendments made by this subsection
shall apply with respect to any birth or placement occurring on or
after October 1, 2020.
(f) Amendments to Title 5 Family and Medical Leave Act
Provisions.--Chapter 63 of title 5, United States Code, is amended--
(1) in section 6301(2), by amending clause (v) to read as
follows:
``(v) an employee of the Veterans Health Administration
who is covered by a leave system established under section
7421 of title 38;'';
(2) in section 6381(1)--
(A) in subparagraph (A), by striking ``(v) or''; and
(B) by amending subparagraph (B) to read as follows:
``(B) has completed at least 12 months of service as an
employee (as defined in section 2105) of the Government of the
United States, including service with the United States Postal
Service, the Postal Regulatory Commission, and a
nonappropriated fund instrumentality as described in section
2105(c);''; and
(3) in section 6382(d)--
(A) in paragraph (1), by striking ``under subchapter I'' in
each place it appears; and
(B) in paragraph (2)(B)(ii), by striking ``under subchapter
I''.
(g) Amendment to Congressional Accountability Act of 1995.--
(1) In general.--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''.
(2) Effective date.--The amendment made by this subsection
shall apply with respect to any event for which leave may be taken
under subparagraph (A) or (B) of section 102(a)(1) of the Family
and Medical Leave Act of 1995 (29 U.S.C. 2612(a)(1)) and occurring
on or after October 1, 2020.
SEC. 1104. AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION ALLOWANCES IN
CONNECTION WITH TRANSFER CEREMONIES OF CERTAIN 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 certain civilian
employees who die overseas
``(a) Authority.--A covered official may treat a covered relative
of a covered employee under the jurisdiction of that covered official
in the same manner the Secretary of a military department treats, under
section 481f(d) of title 37, next of kin and family members of a member
of the armed forces who dies while located or serving overseas.
``(b) Definitions.--In this section:
``(1) The term `covered employee' means a civilian employee--
``(A) under the jurisdiction of a covered official; and
``(B) who dies while located or serving overseas.
``(2) The term `covered official' means--
``(A) the Secretary of the military department concerned;
and
``(B) the head of a Defense Agency or Department of Defense
Field Activity.
``(3) The term `covered relative' means--
``(A) the primary next of kin of the covered employee;
``(B) two family members (other than primary next of kin)
of the covered employee; and
``(C) one or more additional family members of the covered
employee, at the discretion of the Secretary a sibling of the
covered employee.''.
(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 certain 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. 1105. 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. 1106. 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. 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. TEMPORARY AUTHORITY TO APPOINT RETIRED MEMBERS OF THE ARMED
FORCES TO POSITIONS IN THE DEPARTMENT OF DEFENSE.
(a) In General.--Notwithstanding the requirements of section 3326
of title 5, United States Code, the Secretary of Defense may appoint
retired members of the Armed Forces to positions in the Department of
Defense described in subsection (b).
(b) Positions.--
(1) In general.--The positions in the Department described in
this subsection are positions classified at or below GS-13 under
the General Schedule under subchapter III of chapter 53 of title 5,
United States Code, or an equivalent level under another wage
system, in the competitive service--
(A) at any defense industrial base facility (as that term
is defined in section 2208(u)(3) of title 10, United States
Code) that is part of the core logistics capabilities (as
described in section 2464(a) of such title); and
(B) that have been certified by the Secretary of the
military department concerned as lacking sufficient numbers of
potential applicants.
(2) Limitation on delegation of certification.--The Secretary
of a military department may not delegate the authority to make a
certification described in paragraph (1)(B) to an individual in a
grade lower than colonel, captain in the Navy, or an equivalent
grade in the Space Force, or an individual with an equivalent
civilian grade.
(c) Report.--Not later than two years after the date of enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on this section and the authority provided
by this section. The report shall include the following:
(1) A description of the use of such authority, including the
positions to which appointments are authorized to be made under
such authority and the number of retired members appointed to each
such position under such authority.
(2) Any other matters in connection with such section or such
authority that the Secretary considers appropriate.
(d) Sunset.--Effective on the date that is 3 years after the date
of enactment of this Act, the authority provided under subsection (a)
shall expire.
(e) Definitions.--In this section, the terms ``member'' and
``Secretary concerned'' have the meaning given those terms in section
101 of title 37, United States Code.
SEC. 1109. FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE DEMONSTRATION
PROJECT FOR THE NAVY REGION MID-ATLANTIC FIRE AND EMERGENCY SERVICES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commander, Navy Region Mid-Atlantic, shall
establish and carry out, for a period of not less than five 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 employee of
the Navy Region Mid-Atlantic Fire and Emergency Services, that--
(1) assignments to tours of duty are scheduled in advance over
periods of not less than two 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 Commander,
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 two-
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 after the date on which the
demonstration project under this section terminates, the Commander,
Navy Region Mid-Atlantic, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
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 (c), by striking ``and the Secretary of
State'' and inserting ``, the Secretary of State, and, as
appropriate, the head of any other Federal agency paying benefits
under this section'';
(3) 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
(4) 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. TEMPORARY INCREASE IN LIMITATION ON ACCUMULATION OF ANNUAL
LEAVE FOR EXECUTIVE BRANCH EMPLOYEES.
(a) In General.--At the discretion of the Director of the Office of
Personnel Management, annual leave provided to an Executive branch
employee may accumulate for use in leave year 2021 in an amount equal
to 125% of the maximum amount of annual leave permitted, but for this
subsection, to accumulate for use in that leave year under the leave
system covering such employee.
(b) Exclusion From Lump-sum Payment.--Any annual leave accumulated
pursuant to subsection (a) in excess of the maximum amount of annual
leave permitted, but for this section, to accumulate for use in
succeeding years shall not be included in any lump-sum payment for
leave to an individual, including any lump-sum payment under section
5551 or 5552 of title 5, United States Code.
(c) Definitions.--In this section--
(1) the term ``agency'' means each agency, office, or other
establishment in the executive branch of the Federal Government;
and
(2) the term ``Executive branch employee''--
(A) means--
(i) an employee of an agency;
(ii) an employee appointed under chapter 74 of title
38, United States Code, notwithstanding section 7421(a),
section 7425(b), or any other provision of chapter 74 of
such title; and
(iii) any other individual occupying a position in the
civil service (as that term is defined in section 2101(1)
of title 5, United States Code) in the executive branch of
the Federal Government; and
(B) does not include any individual occupying a position
that is classified at or above the level of a Senior Executive
Service position or the equivalent thereof.
SEC. 1112. 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. 1113. 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. 1114. ENHANCED PAY AUTHORITY FOR CERTAIN ACQUISITION AND
TECHNOLOGY POSITIONS IN THE DEPARTMENT OF DEFENSE.
(a) In General.--Subchapter I of chapter 87 of title 10, United
States Code, is amended by inserting after section 1701a the following
new section:
``Sec. 1701b. Enhanced pay authority for certain acquisition and
technology positions
``(a) In General.--The Secretary of Defense may carry out a program
using the pay authority specified in subsection (d) to fix the rate of
basic pay for positions described in subsection (c) in order to assist
the Office of the Secretary of Defense and the military departments in
attracting and retaining high-quality acquisition and technology
experts in positions responsible for managing and developing complex,
high-cost, technological acquisition efforts of the Department of
Defense.
``(b) Approval Required.--The program may be carried out only with
approval as follows:
``(1) Approval of the Under Secretary of Defense for
Acquisition and Sustainment, in the case of positions in the Office
of the Secretary of Defense.
``(2) Approval of the service acquisition executive of the
military department concerned, in the case of positions in a
military department.
``(c) Positions.--The positions described in this subsection are
positions that--
``(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition management
field; and
``(2) are critical to the successful accomplishment of an
important acquisition or technology development mission.
``(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a position at
a rate not to exceed 150 percent of the rate of basic pay payable
for level I of the Executive Schedule, upon the approval of the
Under Secretary of Defense for Acquisition and Sustainment or the
service acquisition executive concerned, as applicable.
``(2) Authority to fix the rate of basic pay for a position at
a rate in excess of 150 percent of the rate of basic pay payable
for level I of the Executive Schedule, upon the approval of the
Secretary of Defense.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a) may be used
only to the extent necessary to competitively recruit or retain
individuals exceptionally well qualified for positions described in
subsection (c).
``(2) Number of positions.--The authority in subsection (a) may
not be used with respect to more than five positions in the Office
of the Secretary of Defense and more than five positions in each
military department at any one time.
``(3) Term of positions.--The authority in subsection (a) may
be used only for positions having terms less than five years.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 87 of such title is amended by inserting after
the item relating to section 1701a the following new item:
``1701b. Enhanced pay authority for certain acquisition and technology
positions.''.
(c) Repeal of Pilot Program.--
(1) In general.--Section 1111 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 1701 note) is
repealed.
(2) Continuation of pay.--The repeal in paragraph (1) shall not
be interpreted to prohibit the payment of basic pay at rates fixed
under such section 1111 before the date of the enactment of this
Act for positions having terms that continue after that date.
SEC. 1115. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND TECHNOLOGY
POSITIONS IN THE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 139 of title 10, United States Code, is
amended by inserting after section 2358b the following new section:
``Sec. 2358c. Enhanced pay authority for certain research and
technology positions in science and technology reinvention
laboratories
``(a) In General.--The Secretary of Defense may carry out a program
using the pay authority specified in subsection (d) to fix the rate of
basic pay for positions described in subsection (c) in order to assist
the military departments in attracting and retaining high quality
acquisition and technology experts in positions responsible for
managing and performing complex, high-cost research and technology
development efforts in the science and technology reinvention
laboratories of the Department of Defense.
``(b) Approval Required.--The program may be carried out in a
military department only with the approval of the service acquisition
executive of the military department concerned.
``(c) Positions.--The positions described in this subsection are
positions in the science and technology reinvention laboratories of the
Department of Defense that--
``(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition management
field; and
``(2) are critical to the successful accomplishment of an
important research or technology development mission.
``(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a position at
a rate not to exceed 150 percent of the rate of basic pay payable
for level I of the Executive Schedule, upon the approval of the
service acquisition executive concerned.
``(2) Authority to fix the rate of basic pay for a position at
a rate in excess of 150 percent of the rate of basic pay payable
for level I of the Executive Schedule, upon the approval of the
Secretary of the military department concerned.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a) may be used
only to the extent necessary to competitively recruit or retain
individuals exceptionally well qualified for positions described in
subsection (c).
``(2) Number of positions.--The authority in subsection (a) may
not be used with respect to more than five positions in each
military department at any one time.
``(3) Term of positions.--The authority in subsection (a) may
be used only for positions having a term of less than five years.
``(f) Science and Technology Reinvention Laboratories of the
Department of Defense Defined.--In this section, the term `science and
technology reinvention laboratories of the Department of Defense' means
the laboratories designated as science and technology reinvention
laboratories by section 1105(a) of the National Defense Authorization
Act for Fiscal Year 2010 (10 U.S.C. 2358 note).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of such title is amended by inserting after the item
relating to section 2358b the following new item:
``2358c. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories.''.
(c) Repeal of Pilot Program.--
(1) In general.--Section 1124 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2456; 10 U.S.C. 2358 note) is repealed.
(2) Continuation of pay.--The repeal in paragraph (1) shall not
be interpreted to prohibit the payment of basic pay at rates fixed
under such section 1124 before the date of the enactment of this
Act for positions having terms that continue after that date.
SEC. 1116. EXTENSION OF ENHANCED APPOINTMENT AND COMPENSATION AUTHORITY
FOR CIVILIAN PERSONNEL FOR CARE AND TREATMENT OF WOUNDED AND INJURED
MEMBERS OF THE ARMED FORCES.
Section 1599c(b) of title 10, United States Code, is amended by
striking ``December 31, 2020'' both places it appears and inserting
``December 31, 2025''.
SEC. 1117. EXPANSION OF DIRECT HIRE AUTHORITY FOR CERTAIN DEPARTMENT OF
DEFENSE PERSONNEL TO INCLUDE INSTALLATION MILITARY HOUSING OFFICE
POSITIONS SUPERVISING PRIVATIZED MILITARY HOUSING.
Section 9905(a) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(11) Any position in the military housing office of a
military installation whose primary function is supervision of
military housing covered by subchapter IV of chapter 169 of title
10.''.
SEC. 1118. EXTENSION OF SUNSET OF INAPPLICABILITY OF CERTIFICATION OF
EXECUTIVE QUALIFICATIONS BY QUALIFICATION CERTIFICATION REVIEW BOARD OF
OFFICE OF PERSONNEL MANAGEMENT FOR INITIAL APPOINTMENTS TO SENIOR
EXECUTIVE SERVICE POSITIONS IN DEPARTMENT OF DEFENSE.
Section 1109(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2010; 5 U.S.C. 3393 note) is amended by striking ``on the date'' and
all that follows and inserting ``on August 13, 2023''.
SEC. 1119. PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CERTAIN HIGH-
LEVEL MANAGEMENT POSITIONS IN THE DEPARTMENT OF DEFENSE.
(a) Pilot Program Authorized.--The Secretary of Defense may carry
out a pilot program to assess the feasibility and advisability of using
the pay authority specified in subsection (d) to fix the rate of basic
pay for positions described in subsection (c) in order to assist the
Department of Defense in attracting and retaining personnel with
significant experience in high-level management of complex
organizations and enterprise functions in order to lead implementation
by the Department of the National Defense Strategy.
(b) Approval Required.--The pilot program may be carried out only
with approval as follows:
(1) Approval of the Deputy Secretary of Defense, in the case of
a position not under the authority, direction, and control of an
Under Secretary of Defense and not under the authority, direction,
and control of the Under Secretary of a military department.
(2) Approval of the applicable Under Secretary of Defense, in
the case of a position under the authority, direction, and control
of an Under Secretary of Defense.
(3) Approval of the Under Secretary or an Assistant Secretary
of the military department concerned, in the case of a position in
a military department.
(c) Positions.--The positions described in this subsection are
positions that require expertise of an extremely high level in
innovative leadership and management of enterprise-wide business
operations, including financial management, health care, supply chain
and logistics, information technology, real property stewardship, and
human resources, across a large and complex organization.
(d) Rate of Basic Pay.--Without regard to the basic pay authorities
in sections 5376, 5382, 5383 and 9903 of title 5, United States Code,
the pay authority specified in this subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a position at a
rate not to exceed 150 percent of the rate of basic pay payable for
level I of the Executive Schedule, upon the approval of the
applicable official under subsection (b).
(2) Authority to fix the rate of basic pay for a position at a
rate in excess of 150 percent of the rate of basic pay payable for
level I of the Executive Schedule, upon the approval of the
Secretary of Defense.
(e) Limitations.--
(1) In general.--The authority in subsection (a) may be used
only to the extent necessary to competitively recruit or retain
individuals exceptionally well qualified for positions described in
subsection (c).
(2) Number of positions.--The authority in subsection (a) may
not be used with respect to--
(A) more than 10 positions in the Office of the Secretary
of Defense and components of the Department of Defense other
than the military departments at any one time; and
(B) more than five positions in each military department at
any one time.
(3) Term of positions.--The authority in subsection (a) may be
used only for positions having terms less than five years.
(4) Past service.--An individual may not be appointed to a
position pursuant to the authority provided by subsection (a) if
the individual separated or retired from Federal civil service or
service as a commissioned officer of an Armed Force on a date that
is less than five years before the date of such appointment of the
individual.
(f) Termination.--
(1) In general.--The authority to fix rates of basic pay for a
position under this section shall terminate on October 1, 2025.
(2) Continuation of pay.--Nothing in paragraph (1) shall be
construed to prohibit the payment after October 1, 2025, of basic
pay at rates fixed under this section before that date for
positions whose terms continue after that date.
SEC. 1120. RECRUITMENT INCENTIVES FOR PLACEMENT AT REMOTE LOCATIONS.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599i. Recruitment incentives for placement at remote locations
``(a) Recruitment Incentive.--
``(1) In general.--An individual appointed to a position in the
Department of Defense at a covered location may be paid a
recruitment incentive in connection with such appointment.
``(2) Amount.--The amount of a recruitment incentive payable to
an individual under this subsection may not exceed the amount equal
to--
``(A) 25 percent of the annual rate of basic pay of the
employee for the position concerned as of the date on which the
service period in such position agreed to by the individual
under paragraph (3) commences; multiplied by
``(B) the number of years (including fractions of a year)
of such service period (not to exceed four years).
``(3) Service agreement.--To receive a recruitment incentive
under this subsection, an individual appointed to a position under
paragraph (1) shall enter into an agreement with the Secretary of
Defense to complete a period of service at the covered location.
The period of obligated service of the individual at such location
under the agreement may not exceed four years. The agreement shall
include such repayment or alternative employment obligations as the
Secretary considers appropriate for failure of the individual to
complete the period of obligated service specified in the
agreement.
``(4) Covered locations defined.--In this section, a covered
location is a location for which the Secretary of Defense has
determined that critical hiring needs are not being met due to the
geographic remoteness or isolation or extreme climate conditions of
the location.
``(b) Sunset.--Effective on September 30, 2022, the authority
provided under subsection (a) shall expire.''.
(b) Outcome Measurements.--The Secretary of Defense shall develop
outcome measurements to evaluate the effect of the authority provided
under subsection (a) of section 1599i of title 10, United States Code,
as added by subsection (a), and any relocation incentives provided
under subsection (b) of such section.
(c) Report Required.--
(1) In general.--Not later than March 1, 2022, the Secretary of
Defense shall submit to the congressional defense committees a
report on the effect of the authority provided under section 1599i
of title 10, United States Code, as added by subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the effectiveness and
achievements of the recruitment incentives described in
paragraph (1), including--
(i) the number of employees placed at covered locations
described in section 1599i(a)(2) of title 10, United States
Code, as added by subsection (a); and
(ii) the cost-per-placement of such employees.
(B) A comparison of the effectiveness and use of the
recruitment incentives described in paragraph (1) to
authorities under title 5, United States Code, used by the
Department of Defense before the date of the enactment of this
Act to support hiring at remote or rural locations.
(C) An assessment of--
(i) the minority community outreach efforts made in
using the authority and providing relocation incentives
described in paragraph (1); and
(ii) participation outcomes.
(D) Such other matters as the Secretary considers
appropriate.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of title 10, United States Code, is amended by adding at the
end the following new item:
``1599i. Recruitment incentives for placement at remote locations.''.
SEC. 1121. TECHNICAL AMENDMENTS REGARDING REIMBURSEMENT OF FEDERAL,
STATE, AND LOCAL INCOME TAXES INCURRED DURING TRAVEL, TRANSPORTATION,
AND RELOCATION.
(a) In General.--Section 5724b(b) of title 5, United States Code,
is amended--
(1) by striking ``or relocation expenses reimbursed'' and
inserting ``and relocation expenses reimbursed''; and
(2) by striking ``of chapter 41'' and inserting ``or chapter
41''.
(b) Retroactive Effective Date.--The amendments made by subsection
(a) shall take effect as if included in the enactment of section 1114
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92).
Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020
SEC. 1131. SHORT TITLE.
This subtitle may be cited as the ``Elijah E. Cummings Federal
Employee Antidiscrimination Act of 2020''.
SEC. 1132. 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. 1133. 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. 1134. 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. 1135. 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. 1136. 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. 1137. 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. 1138. 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''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to build capacity for additional operations.
Sec. 1202. Participation in European program on multilateral exchange of
surface transportation services.
Sec. 1203. Participation in programs relating to coordination or
exchange of air refueling and air transportation services.
Sec. 1204. Reciprocal patient movement agreements.
Sec. 1205. Modification to the Inter-European Air Forces Academy.
Sec. 1206. Modification of authority for participation in multinational
centers of excellence.
Sec. 1207. Modification and extension of support of special operations
for irregular warfare.
Sec. 1208. Extension of authority to transfer excess high mobility
multipurpose wheeled vehicles to foreign countries.
Sec. 1209. Modification and extension of update of Department of Defense
Freedom of Navigation Report.
Sec. 1210. Extension and modification of authority to support border
security operations of certain foreign countries.
Sec. 1210A. Extension of Department of Defense support for stabilization
activities in national security interest of the United States.
Sec. 1210B. Extension of report on workforce development.
Sec. 1210C. Plan to increase participation in international military
education and training programs.
Sec. 1210D. Mitigation and prevention of atrocities in high-risk
countries.
Sec. 1210E. Implementation of the Women, Peace, and Security Act of
2017.
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. Extension and modification of support for reconciliation
activities led by the Government of Afghanistan.
Sec. 1214. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1215. Limitation on use of funds to reduce deployment to
Afghanistan.
Sec. 1216. Modifications to immunity from seizure under judicial process
of cultural objects.
Sec. 1217. Congressional oversight of United States talks with Taliban
officials and Afghanistan's comprehensive peace process.
Sec. 1218. Strategy for post-conflict engagement on human rights in
Afghanistan.
Sec. 1219. Modification to report on enhancing security and stability in
Afghanistan.
Sec. 1220. Report on Operation Freedom's Sentinel.
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 and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1223. Extension and modification 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. Report and budget details regarding Operation Spartan Shield.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Matters relating to United States participation in the Open
Skies Treaty.
Sec. 1233. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1234. Annual report on military and security developments involving
the Russian Federation.
Sec. 1235. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1236. Report on capability and capacity requirements of military
forces of Ukraine and resource plan for security assistance.
Sec. 1237. Report on Russian Federation support of racially and
ethnically motivated violent extremists.
Sec. 1238. Authorization of rewards for providing information on foreign
election interference.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1241. Determination and imposition of sanctions with respect to
Turkey's acquisition of the S-400 air defense system.
Sec. 1242. Clarification and expansion of sanctions relating to
construction of Nord Stream 2 or TurkStream pipeline projects.
Sec. 1243. Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1244. Sense of Congress on support for the North Atlantic Treaty
Organization.
Sec. 1245. Limitation on United States force structure reductions in
Germany.
Sec. 1246. Report on United States military force posture in
Southeastern Europe.
Sec. 1247. Sense of Congress on support for coordinated action to ensure
the security of Baltic allies.
Sec. 1248. Sense of Congress on the role of the Kosovo Force of the
North Atlantic Treaty Organization.
Subtitle F--Matters Relating to the Indo-Pacific Region
Sec. 1251. Pacific Deterrence Initiative.
Sec. 1252. Extension and modification of prohibition on commercial
export of certain covered munitions items to the Hong Kong
Police Force.
Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1254. Cooperative program with Vietnam to account for Vietnamese
personnel missing in action.
Sec. 1255. Sense of Congress on the United States-Vietnam defense
relationship.
Sec. 1256. Pilot program to improve cyber cooperation with Vietnam,
Thailand, and Indonesia.
Sec. 1257. Report on the costs most directly associated with the
stationing of the Armed Forces in Japan.
Sec. 1258. 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. 1259. Implementation of GAO recommendations on preparedness of
United States forces to counter North Korean chemical and
biological weapons.
Sec. 1260. Statement of policy and sense of Congress on the Taiwan
Relations Act.
Sec. 1260A. Annual briefing on Taiwan arms sales.
Sec. 1260B. Report on United States-Taiwan medical security partnership.
Sec. 1260C. Establishment of capabilities to assess the defense
technological and industrial bases of China and other foreign
adversaries.
Sec. 1260D. Extension of annual report on military and security
developments involving the People's Republic of China.
Sec. 1260E. Sense of Congress on the aggression of the Government of
China along the border with India and its growing territorial
claims.
Sec. 1260F. Assessment of National Cyber Strategy to deter China from
engaging in industrial espionage and cyber theft.
Sec. 1260G. Report on United Front Work Department.
Sec. 1260H. Public reporting of Chinese military companies operating in
the United States.
Sec. 1260I. Report on directed use of fishing fleets.
Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020
Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Statement of policy.
Sec. 1264. Support for democratic governance, rule of law, human rights,
and fundamental freedoms.
Sec. 1265. Support for development programs.
Sec. 1266. Support for conflict mitigation.
Sec. 1267. Support for accountability for war crimes, crimes against
humanity, and genocide in Sudan.
Sec. 1268. Suspension of assistance.
Sec. 1269. Multilateral assistance.
Sec. 1270. Coordinated support to recover assets stolen from the
Sudanese people.
Sec. 1270A. Limitation on assistance to the Sudanese security and
intelligence services.
Sec. 1270B. Reports.
Sec. 1270C. United States strategy for support to a civilian-led
government in Sudan.
Sec. 1270D. Amendments to the Darfur Peace and Accountability Act of
2006.
Sec. 1270E. Repeal of Sudan Peace Act and the Comprehensive Peace in
Sudan Act.
Subtitle H--United States Israel Security Assistance Authorization Act
of 2020
Sec. 1271. Short title.
Sec. 1272. Sense of Congress on United States-Israel relationship.
Sec. 1273. Security assistance for Israel.
Sec. 1274. Extension of war reserves stockpile authority.
Sec. 1275. Rules governing the transfer of precision-guided munitions to
Israel above the annual restriction.
Sec. 1276. Eligibility of Israel for the strategic trade authorization
exception to certain export control licensing requirements.
Sec. 1277. United States Agency for International Development memoranda
of understanding to enhance cooperation with Israel.
Sec. 1278. Cooperative projects among the United States, Israel, and
developing countries.
Sec. 1279. Joint cooperative program related to innovation and high-tech
for the Middle East region.
Sec. 1280. Cooperation on directed energy capabilities.
Sec. 1280A. Other matters of cooperation.
Sec. 1280B. Appropriate congressional committees defined.
Subtitle I--Global Child Thrive Act of 2020
Sec. 1281. Short title.
Sec. 1282. Sense of Congress.
Sec. 1283. Assistance to improve early childhood outcomes globally.
Sec. 1284. Special advisor for assistance to orphans and vulnerable
children.
Sec. 1285. Rule of construction.
Subtitle J--Matters Relating to Africa and the Middle East
Sec. 1291. Briefing and report relating to reduction in the total number
of United States Armed Forces deployed to United States Africa
Command area of responsibility.
Sec. 1292. Notification with respect to withdrawal of members of the
Armed Forces participating in the Multinational Force and
Observers in Egypt.
Sec. 1293. Report on enhancing security partnerships between the United
States and African countries.
Sec. 1294. Plan to address gross violations of human rights and civilian
harm in Burkina Faso, Chad, Mali, and Niger.
Sec. 1295. Statement of policy and report relating to the conflict in
Yemen.
Sec. 1296. Report on United States military support of the Saudi-led
coalition in Yemen.
Sec. 1297. Sense of Congress on payment of amounts owed by Kuwait to
United States medical institutions.
Subtitle K--Other Matters
Sec. 1299A. Provision of goods and services at Kwajalein Atoll, Republic
of the Marshall Islands.
Sec. 1299B. Report on contributions received from designated countries.
Sec. 1299C. Modification to initiative to support protection of national
security academic researchers from undue influence and other
security threats.
Sec. 1299D. Extension of authorization of non-conventional assisted
recovery capabilities.
Sec. 1299E. Annual briefings on certain foreign military bases of
adversaries.
Sec. 1299F. Countering white identity terrorism globally.
Sec. 1299G. Report on progress of the Department of Defense with respect
to denying the strategic goals of a competitor against a
covered defense partner.
Sec. 1299H. Comparative studies on defense budget transparency of the
People's Republic of China, the Russian Federation, and the
United States.
Sec. 1299I. Assessment of weapons of mass destruction terrorism.
Sec. 1299J. Review of Department of Defense compliance with ``Principles
Related to the Protection of Medical Care Provided by
Impartial Humanitarian Organizations During Armed Conflicts''.
Sec. 1299K. Certification relating to assistance for Guatemala.
Sec. 1299L. Functional Center for Security Studies in Irregular Warfare.
Sec. 1299M. United States-Israel operations-technology cooperation
within the United States-Israel Defense Acquisition Advisory
Group.
Sec. 1299N. Payment of passport fees for certain individuals.
Sec. 1299O. Resumption of Peace Corps operations.
Sec. 1299P. Establishment of the Open Technology Fund.
Sec. 1299Q. United States Agency for Global Media.
Sec. 1299R. Leveraging information on foreign traffickers.
Sec. 1299S. Rule of construction relating to use of military force.
Subtitle A--Assistance and Training
SEC. 1201. AUTHORITY TO BUILD CAPACITY FOR ADDITIONAL OPERATIONS.
Section 333(a) of title 10, United States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8);
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) Air domain awareness operations.''; and
(3) by adding at the end the following new paragraph:
``(9) Cyberspace security and defensive cyberspace
operations.''.
SEC. 1202. 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 inserting after section 2350l the following
new section 2350m:
``Sec. 2350m. Participation in European program on multilateral
exchange of surface transportation services
``(a) Participation Authorized.--
``(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize the
participation of the Department of Defense in the Surface Exchange
of Services program (in this section referred to as the `SEOS
program') of the Movement Coordination Centre Europe.
``(2) Scope of participation.--Participation of the Department
of Defense 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; and
``(B) the exchange of surface transportation services of an
equal value.
``(b) Written Arrangement or Agreement.--
``(1) In general.--Participation of the Department of Defense
in the SEOS program 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) Notification.--The Secretary of Defense shall provide to
the congressional defense committees notification of any
arrangement or agreement entered into under paragraph (1).
``(3) Funding arrangements.--If Department of Defense
facilities, equipment, or funds are used to support the SEOS
program, the written arrangement or agreement under paragraph (1)
shall specify the details of any equitable cost-sharing or other
funding arrangement.
``(4) Other elements.--Any written arrangement or agreement
entered into under paragraph (1) shall require that any accrued
credits or liability resulting from an unequal exchange or transfer
of surface transportation services shall be liquidated through the
SEOS program not less than once every five years.
``(c) Implementation.--In carrying out any arrangement or agreement
entered into under subsection (b), the Secretary of Defense may--
``(1) pay the equitable share of the Department of Defense for
the operating expenses of the Movement Coordination Centre Europe
and the SEOS 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 European Command, to duty at the Movement
Coordination Centre Europe as necessary to fulfill Department of
Defense obligations under that arrangement or agreement.
``(d) Crediting of Receipts.--Any amount received by the Department
of Defense 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) Annual Report.--
``(1) In general.--Not later than 30 days after the end of each
fiscal year in which the authority under this section is in effect,
the Secretary of Defense shall submit to the congressional defense
committees a report on Department of Defense participation in the
SEOS program during such fiscal year.
``(2) Elements.--Each report required by paragraph (1) shall
include the following:
``(A) A description of the equitable share of the costs and
activities of the SEOS program paid by the Department of
Defense.
``(B) A description of any amount received by the
Department of Defense as part of such program, including the
country from which the amount was received.
``(f) Limitation on Statutory Construction.--Nothing in this
section may be construed to authorize the use of foreign sealift in
violation of section 2631.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2350l the following new item:
``2350m. Participation in European program on multilateral exchange of
surface transportation services.''.
SEC. 1203. PARTICIPATION IN PROGRAMS RELATING TO COORDINATION OR
EXCHANGE OF AIR REFUELING AND AIR TRANSPORTATION SERVICES.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, as amended by section 1202, is further amended by adding
at the end the following new section:
``Sec. 2350o. Participation in programs relating to coordination or
exchange of air refueling and air transportation services
``(a) Participation Authorized.--
``(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize the
participation of the Department of Defense in programs relating to
the coordination or exchange of air refueling and air
transportation services, including in the arrangement known as the
Air Transport and Air-to-Air Refueling and other Exchanges of
Services program (in this section referred to as the `ATARES
program').
``(2) Scope of participation.--Participation of the Department
of Defense in programs referred to in paragraph (1) may include--
``(A) the reciprocal exchange or transfer of air refueling
and air transportation services on a reimbursable basis or by
replacement-in-kind; and
``(B) the exchange of air refueling and air transportation
services of an equal value.
``(3) Limitations with respect to participation in atares
program.--
``(A) In general.--The Department of Defense balance of
executed flight hours in participation in the ATARES program
under paragraph (1), whether as credits or debits, may not
exceed a total of 500 hours.
``(B) Air refueling.--The Department of Defense balance of
executed flight hours for air refueling in participation in the
ATARES program under paragraph (1) may not exceed 200 hours.
``(b) Written Arrangement or Agreement.--Participation of the
Department of Defense in a program referred to in subsection (a)(1)
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.
``(c) Implementation.--In carrying out any arrangement or agreement
entered into under subsection (b), the Secretary of Defense may--
``(1) pay the equitable share of the Department of Defense for
the recurring and nonrecurring costs of the applicable program
referred to in subsection (a)(1) from funds available to the
Department for operation and maintenance; and
``(2) assign members of the armed forces or Department of
Defense civilian personnel to fulfill Department obligations under
that arrangement or agreement.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter, as amended by section 1202, is further amended by
adding at the end the following new item:
``2350o. Participation in programs relating to coordination or exchange
of air refueling and air transportation services.''.
(c) Repeal.--Section 1276 of the National Defense Authorization Act
for Fiscal Year 2013 (10 U.S.C. 2350c note) is repealed.
SEC. 1204. RECIPROCAL PATIENT MOVEMENT AGREEMENTS.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, as amended by section 1203, is further amended by adding
at the end the following new section:
``Sec. 2350p. Reciprocal patient movement agreements
``(a) Authority.--Subject to the availability of appropriations,
the Secretary of Defense, with the concurrence of the Secretary of
State, may enter into a bilateral or multilateral memorandum of
understanding or other formal agreement with one or more governments of
partner countries that provides for--
``(1) the interchangeable, nonreimbursable use of patient
movement personnel, either individually or as members of a patient
movement crew or team, and equipment, belonging to one partner
country to perform patient movement services aboard the aircraft,
vessels, or vehicles of another partner country;
``(2) the reciprocal recognition and acceptance of --
``(A) national professional credentials, certifications,
and licenses of patient movement personnel; and
``(B) national certifications, approvals, and licenses of
equipment used in the provision of patient movement services;
and
``(3) the acceptance of agreed-upon standards for the provision
of patient movement services by aircraft, vessel, or vehicle,
including, as determined to be beneficial and otherwise permitted
by law, the harmonization of patient treatment standards and
procedures.
``(b) Certification.--(1) Before entering into a memorandum of
understanding or other formal agreement with the government of a
partner country under this section, the Secretary of Defense shall
certify in writing that the professional credentials, certifications,
licenses, and approvals for patient movement personnel and patient
movement equipment of the partner country--
``(A) meet or exceed the equivalent standards of the United
States for similar personnel and equipment; and
``(B) will provide for a level of care comparable to, or better
than, the level of care provided by the Department of Defense.
``(2) A certification under paragraph (1) shall be--
``(A) submitted to the appropriate committees of Congress not
later than 15 days after the date on which the Secretary of Defense
makes the certification; and
``(B) reviewed and recertified by the Secretary of Defense not
less frequently than annually.
``(c) Suspension.--If the Secretary of Defense is unable to
recertify a partner country as required by subsection (b)(2)(B), use of
the personnel or equipment of the partner country by the Department of
Defense under a memorandum of understanding or other formal agreement
concluded pursuant to subsection (a) shall be suspended until the date
on which the Secretary of Defense is able to recertify the partner
country.
``(d) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' 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.
``(2) Partner country.--The term `partner country' means any of
the following:
``(A) A member country of the North Atlantic Treaty
Organization.
``(B) Australia.
``(C) Japan.
``(D) New Zealand.
``(E) The Republic of Korea.
``(F) Any other country designated as a partner country by
the Secretary of Defense, with the concurrence of the Secretary
of State, for purposes of this section.
``(3) Patient movement.--The term `patient movement' means the
act or process of moving wounded, ill, injured, or other persons
(including contaminated, contagious, and potentially exposed
patients) to obtain medical, surgical, mental health, or dental
care or treatment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter, as amended by section 1203, is further amended by
adding at the end the following new item:
``2350p. Reciprocal patient movement agreements.''.
SEC. 1205. MODIFICATION TO THE INTER-EUROPEAN AIR FORCES ACADEMY.
Section 350(b) of title 10, United States Code, is amended by
striking ``that are'' and all that follows through the period at the
end and inserting ``that are--
``(1) members of the North Atlantic Treaty Organization;
``(2) signatories to the Partnership for Peace Framework
Documents; or
``(3)(A) within the United States Africa Command area of
responsibility; and
``(B) eligible for assistance under chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).''.
SEC. 1206. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN MULTINATIONAL
CENTERS OF EXCELLENCE.
(a) In General.--Section 344 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``multinational
military centers of excellence'' and inserting ``multinational
centers of excellence'';
(2) by striking ``multinational military center of excellence''
each place it appears and inserting ``multinational center of
excellence'';
(3) by striking ``multinational military centers of
excellence'' each place it appears and inserting ``multinational
centers of excellence'';
(4) in subsection (b)(1), by inserting ``or entered into by the
Secretary of State,'' after ``Secretary of State,'';
(5) in subsection (e)--
(A) in the subsection heading, by striking ``Multinational
Military Center Of Excellence'' and inserting ``Multinational
Center Of Excellence'';
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and moving such
subparagraphs two ems to the right;
(C) in the matter preceding subparagraph (A), as so
redesignated, by striking ``means an entity'' and inserting
``means--
``(1) an entity'';
(D) in subparagraph (C), as so redesignated, by striking
``; and'' and inserting a semicolon;
(E) in subparagraph (D), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(F) by adding at the end the following new paragraph:
``(2) the European Centre of Excellence for Countering Hybrid
Threats, established in 2017 and located in Helsinki, Finland.'';
(6) by redesignating subsection (e) as subsection (f); and
(7) by inserting after subsection (d) the following new
subsection:
``(e) Notification.--Not later than 30 days before the date on
which the Secretary of Defense authorizes participation under
subsection (a) in a new multinational center of excellence, the
Secretary shall notify the congressional defense committees of such
participation.''.
(b) Conforming Amendment.--Title 10, United States Code, is
amended, in the table of sections at the beginning of subchapter V of
chapter 16, by striking the item relating to section 344 and inserting
the following:
``344. Participation in multinational centers of excellence.''.
SEC. 1207. 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 by striking ``$10,000,000'' and inserting
``$15,000,000''.
(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 national security
interests, including issues related to human rights.
``(F) A description of steps taken to ensure that the
recipients of the support have not engaged in human rights
violations, to include the conduct of periodic reviews as a
means to investigate allegations of violations and processes
and procedures to modify 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)''.
SEC. 1208. 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
new sentence: ``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 the reasons for which it is in the
national interest of the United States to make the transfer
notwithstanding the requirements of subsection (a)(1).'';
(2) by inserting after subsection (b)(2) the following new
paragraph:
``(3) Delegation of authority.--The President may delegate the
waiver authority provided by this subsection to the Secretary of
Defense.''; and
(3) in subsection (c)(2), by striking ``three'' and inserting
``four''.
SEC. 1209. MODIFICATION AND EXTENSION OF UPDATE OF DEPARTMENT OF
DEFENSE FREEDOM OF NAVIGATION REPORT.
(a) Elements.--Subsection (b) of section 1275 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2540) is amended--
(1) in paragraph (1), by inserting ``the number of maritime and
overflight challenges to each such claim and'' before ``the
country'';
(2) in paragraph (5), by inserting ``have been protested by the
United States but'' before ``have not been challenged''; and
(3) by adding at the end the following:
``(6) A summary of each excessive maritime claim challenged
jointly with international partners and allies.''.
(b) Form.--Subsection (c) of such section is amended by adding at
the end before the period the following: ``and made publicly
available''.
(c) Sunset.--Subsection (d) of such section is amended by striking
``December 31, 2021'' and inserting ``December 31, 2025''.
SEC. 1210. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT BORDER
SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES.
(a) Funds Available for Support.--Subsection (b) of section 1226 of
the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C.
2151 note) is amended to read as follows:
``(b) Funds Available for Support.--Amounts to provide support
under the authority of subsection (a) may be derived only from amounts
authorized to be appropriated and available for operation and
maintenance, Defense-wide.''.
(b) Extension.--Subsection (h) of such section is amended by
striking ``December 31, 2021'' and inserting ``December 31, 2023''.
SEC. 1210A. 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''.
SEC. 1210B. 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. 1210C. PLAN TO INCREASE PARTICIPATION IN INTERNATIONAL MILITARY
EDUCATION AND TRAINING PROGRAMS.
(a) In General.--Not later than one 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. 1210D. 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 efforts to
identify, prevent, and respond to the causes of atrocities, as required
by section 3 of the Elie Wiesel Genocide and Atrocities Prevention Act
of 2018 (22 U.S.C. 2656 note), 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.--
(1) In general.--Section 5 of the Elie Wiesel Genocide and
Atrocities Prevention Act of 2018 is amended--
(A) by amending subparagraph (E) of subsection (a)(1) to
read as follows:
``(E) countries and regions at risk of atrocities,
including covered foreign countries, and a description of
specific risk factors, at risk groups, likely scenarios in
which atrocities would occur, and efforts taken by the Board or
relevant Federal agencies to prevent such atrocities; and'';
and
(B) by adding at the end the following new subscection:
``(d) Covered Foreign Country Defined.--The term `covered foreign
country' means a foreign country that is not listed as a priority
country under section 505 of the Global Fragility Act of 2019 (22
U.S.C. 9804) 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 Committee on Foreign
Affairs and the Committee on Armed Services of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect and apply beginning with the first report required
under section 5 of the Elie Wiesel Genocide and Atrocities
Prevention Act of 2018 that is required after the date of the
enactment of this Act.
(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 should 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 section 505 of the Global Fragility Act of 2019 (22
U.S.C. 9804) 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. 1210E. IMPLEMENTATION OF THE WOMEN, PEACE, AND SECURITY ACT OF
2017.
(a) 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 undertake activities consistent with the Women, Peace,
and Security Act of 2017 (Public Law 115-68; 131 Stat. 1202) and with
the guidance specified in this section, including--
(1) implementation of the Department of Defense plan entitled
``Women, Peace, and Security Strategic Framework and Implementation
Plan'' published in June 2020, or any successor plan;
(2) establishing Department of Defense-wide policies and
programs that advance the implementation of the Act, including
military doctrine and Department-specific and combatant command-
specific programs;
(3) ensuring the Department has sufficient qualified personnel
to advance implementation of that Act, including by hiring and
training full-time equivalent personnel, as necessary, and
establishing roles, responsibilities, and requirements for such
personnel;
(4) as appropriate, the deliberate integration of relevant
training curriculum for members of the Armed Forces across all
ranks; and
(5) security cooperation activities that further the
implementation of that Act.
(b) Building Partner Defense Institution and Security Force
Capacity.--
(1) Incorporation of gender analysis and participation of women
into security cooperation activities.--Consistent with the Women,
Peace, and Security Act of 2017 (Public Law 115-68; 131 Stat.
1202), the Secretary of Defense, in coordination with the Secretary
of State, shall incorporate participation by women and the analysis
described in the Women's Entrepreneurship and Economic Empowerment
Act of 2018 (Public Law 115-428; 132 Stat. 5509) into the
institutional and national security force capacity-building
activities of security cooperation programs carried out under title
10, United States Code, including, as appropriate, by--
(A) incorporating gender analysis and women, peace, and
security priorities into educational and training materials and
programs authorized by section 333 of title 10, United States
Code;
(B) advising on the recruitment, employment, development,
retention, and promotion of women in such national security
forces, including by--
(i) identifying existing military career opportunities
for women;
(ii) exposing women and girls to careers available in
such national security forces and the skills necessary for
such careers; and
(iii) encouraging women's and girls' interest in such
careers by highlighting as role models women of the United
States and applicable foreign countries in uniform;
(C) addressing sexual harassment and abuse against women
within such national security forces;
(D) integrating gender analysis into security sector
policy, planning, and training for such national security
forces; and
(E) improving infrastructure to address the requirements of
women serving in such national security forces, including
appropriate equipment for female security and police forces.
(2) Barriers and opportunities.--Partner country assessments
conducted in the course of Department security cooperation
activities to build the capacity of the national security forces of
foreign countries shall include attention to the barriers and
opportunities with respect to strengthening recruitment,
employment, development, retention, and promotion of women in the
military forces of such partner countries.
(c) Department-wide Policies on Women, Peace, and Security.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall initiate a process to establish standardized
policies described in subsection (a)(2).
(d) Funding.--The Secretary of Defense may use funds authorized to
be appropriated in each fiscal year to the Department of Defense for
operation and maintenance as specified in the table in section 4301 for
carrying out the full implementation of the Women, Peace, and Security
Act of 2017 (Public Law 115-68; 131 Stat. 1202) and the guidance on the
matters described in paragraphs (1) through (5) of subsection (a) and
subparagraphs (A) through (E) of subsection (b)(1).
(e) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter through 2025, the
Secretary of Defense shall submit to the appropriate committees of
Congress a report on the steps the Department has taken to implement
the Women, Peace, and Security Act of 2017, including--
(1) implementation of defense lines of effort outlined in the
June 2020 Department of Defense ``Women, Peace, and Security
Strategic Framework and Implementation Plan'' and described in
paragraphs (1) through (5) of subsection (a) and subparagraphs (A)
through (E) of subsection (b)(1), as appropriate; and
(2) an enumeration of the funds used in such implementation and
an identification of funding shortfalls, if any, that may inhibit
implementation.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' 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.
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 ``beginning on October 1, 2019, and
ending on December 31, 2020'' and inserting ``beginning on October 1,
2020, and ending on December 31, 2021''.
(b) Modification to Limitation.--Subsection (d)(1) of such section
is amended--
(1) by striking ``beginning on October 1, 2019, and ending on
December 31, 2020'' and inserting ``beginning on 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 the matter preceding clause (i), by striking ``22,500''
and inserting ``22,620'';
(3) in clause (i), by striking ``December 31, 2021'' and
inserting ``December 31, 2022''; and
(4) 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. EXTENSION AND MODIFICATION OF SUPPORT FOR RECONCILIATION
ACTIVITIES LED BY THE GOVERNMENT OF AFGHANISTAN.
(a) Modification of Authority To Provide Covered Support.--
Subsection (a) of section 1218 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 132 Stat. 1633) is
amended--
(1) by striking the subsection designation and heading and all
that follows through ``The Secretary of Defense'' and inserting the
following:
``(a) Authority To Provide Covered Support.--
``(1) In general.--Subject to paragraph (2), the Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Limitation on use of funds.--Amounts authorized to be
appropriated or otherwise made available for the Department of
Defense by this Act may not be obligated or expended to provide
covered support until the date on which the Secretary of Defense
submits to the appropriate committees of Congress the report
required by subsection (b).''.
(b) Participation in Reconciliation Activities.--Such section is
further amended--
(1) by redesignating subsections (i) through (k) as subsections
(j) through (l), respectively;
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Participation in Reconciliation Activities.--Covered support
may only be used to support a reconciliation activity that--
``(1) includes the participation of members of the Government
of Afghanistan; and
``(2) does not restrict the participation of women.''.
(c) Extension.--Subsection (k) of such section, as so redesignated,
is amended by striking ``December 31, 2020'' and inserting ``December
31, 2021''.
(d) Exclusions From Covered Support.--Such section is further
amended in paragraph (2)(B) of subsection (l), as so redesignated--
(1) in clause (ii), by inserting ``, reimbursement for travel
or lodging, and stipends or per diem payments'' before the period
at the end; and
(2) by adding at the end the following new clause:
``(iii) Any activity involving one or more members of
an organization designated as a foreign terrorist
organization pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) or an individual designated
as a specially designated global terrorist pursuant to
Executive Order 13224 (50 U.S.C. 1701 note; relating to
blocking property and prohibiting transactions with persons
who commit, threaten to commit, or support terrorism).''.
SEC. 1214. EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY RESPONSE
PROGRAM.
Section 1201 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1619) is amended--
(1) in subsection (a)--
(A) by striking ``December 31, 2020'' and inserting
``December 31, 2021''; and
(B) by striking ``$2,500,000'' and inserting
``$2,000,000'';
(2) in subsection (b), by striking the subsection designation
and heading and all that follows through the period at the end of
paragraph (1) and inserting the following:
``(b) Quarterly Reports.--
``(1) In general.--Beginning in fiscal year 2021, not later
than 45 days after the end of each quarter fiscal year, the
Secretary of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the
allocation and use of funds during that quarter fiscal year that
were made available pursuant to the authority provided in this
section or under any other provision of law for the purposes of the
program under subsection (a).''; and
(3) in subsection (f), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
SEC. 1215. LIMITATION ON USE OF FUNDS TO REDUCE DEPLOYMENT TO
AFGHANISTAN.
(a) Limitation.--Until the date on which the Secretary of Defense,
in consultation with the Secretary of State and the Director of
National Intelligence, submits to the appropriate congressional
committees the report described in subsection (b), 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) 4,000; 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 2,000.
(b) Report.--The report described in this subsection shall include
each of the following:
(1) An assessment of the effect that such a reduction would
have on--
(A) the ongoing United States counterterrorism mission
against the Islamic State, al-Qaeda, and associated forces;
(B) the risk to United States personnel in Afghanistan;
(C) the risk for the expansion of existing or formation of
new international terrorist safe havens inside Afghanistan;
(D) the role of United States allies and partners
supporting the United States- and North Atlantic Treaty
Organization-led missions, including international financial
support the Afghan National Defense and Security Forces require
in order to maintain operational capabilities and combat
effectiveness;
(E) United States national security and United States
policy toward achieving an enduring diplomatic solution in
Afghanistan;
(F) the threat posed by the Taliban and other terrorist
organizations in Afghanistan to United States national security
interests and to those of United States allies and partners;
(G) the capacity of the Afghan National Defense and
Security Forces to effectively--
(i) prevent or defend against attacks by the Taliban or
other terrorist organizations on civilian populations;
(ii) conduct counterterrorism operations necessary to
deny safe harbor to terrorist organizations that the
intelligence community assesses pose a threat to the United
States and United States interests;
(iii) sustain equipment, personnel, and capabilities;
and
(iv) protect the sovereignty of Afghanistan;
(H) 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.
(2) A plan for the orderly transition of all security-related
tasks currently undertaken by the Armed Forces of the United States
and nations contributing troops to the Resolute Support Mission in
support of the Afghan National Defense and Security Forces to the
Government of Afghanistan.
(3) An update on the status of any United States citizens
detained in Afghanistan and an overview of Administration efforts
to secure their release.
(4) An assessment by the intelligence community of the manner
and extent to which 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.
(5) Any other matter the Secretary of Defense determines
appropriate.
(c) Form.--The report described in subsection (b) shall be
submitted in unclassified form without any designation relating to
dissemination control, but may contain a classified annex.
(d) Waiver.--The President may waive the limitation under
subsection (a) if the President submits to the appropriate
congressional committees--
(1) a written determination that the waiver is important to the
national security interests of the United States; and
(2) a detailed explanation of how the waiver furthers those
interests.
(e) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate;
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate; and
(3) the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate.
SEC. 1216. 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 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'';
(B) by striking ``cultural or educational institutions''
and inserting ``cultural, educational, or religious
institutions with the capacity to appropriately curate such
object''; and
(C) by striking ``any such cultural or educational
institution'' and inserting ``any such cultural, educational,
or religious institution with the capacity to appropriately
curate such object''; and
(2) 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 with the capacity to appropriately curate such
object 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 with the capacity to
appropriately curate such object 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
other such institutions in the United States.
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 on February 29,
2020.
(b) Oversight of Peace Process and Other Agreements.--
(1) Transmission to congress of materials relevant to the
february 29 agreement.--Not later than January 10, 2021, the
Secretary of State, in consultation with the Secretary of Defense,
shall certify to the appropriate congressional committees that all
materials relevant to the February 29 Agreement have been submitted
to such committees. If the Secretary of State cannot so certify
because materials relevant to the February 29 Agreement have not
been submitted, the Secretary of State, in consultation with the
Secretary of Defense, shall submit such materials not later than
January 15, 2021.
(2) Submission to congress of any subsequent agreements
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 agreement or arrangement
subsequent to the February 29 Agreement involving the Taliban, as
well as materials relevant to any subsequent agreement or
arrangement involving the Taliban.
(3) Definitions.--In this subsection, the terms ``materials
relevant to the February 29 Agreement'' and ``materials relevant to
any subsequent agreement or arrangement'' include all annexes,
appendices, and instruments for implementation of the February 29
Agreement or a subsequent agreement or arrangement, as well as any
understandings or expectations related to the February 29 Agreement
or a subsequent agreement or arrangement.
(c) Report on Verification and Compliance.--
(1) In general.--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 subsequent agreements or
arrangements, and accompanying instruments for implementation are
being upheld.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) An assessment of each of the following:
(i) The Taliban's compliance with the February 29
Agreement, including counterterrorism guarantees and
guarantees to deny safe haven and freedom of movement to
al-Qaeda and other terrorist threats from operating on
territory under its influence.
(ii) Whether the United States intelligence community
has collected intelligence indicating the Taliban does not
intend to uphold its commitments.
(iii) The current relationship between the Taliban and
al-Qaeda, including an assessment of the relationship
between the Haqqani Network and al-Qaeda.
(iv) 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.
(v) The status of intra-Afghan discussions, including,
in the event an intra-Afghan governing agreement is
achieved, an assessment of the sustainability of such
agreement.
(vi) The status of human rights, including the rights
of women, minorities, and youth.
(vii) The access of women, minorities, and youth to
education, justice, and economic opportunities in
Afghanistan.
(viii) The status of the rule of law and governance
structures at the central, provincial, and district levels
of government.
(ix) The media and the press and civil society's
operating space in Afghanistan.
(x) Illicit narcotics production in Afghanistan, its
linkages to terrorism, corruption, and instability, and
policies to counter illicit narcotics flows.
(xi) Any efforts by Iran, China, Russia, or any other
external actor to affect the February 29 Agreement.
(xii) The efforts of the Government of Afghanistan to
fulfill the commitments under the Joint Declaration between
the Islamic Republic of Afghanistan and the United States
of America for Bringing Peace to Afghanistan, issued on
February 29, 2020.
(xiii) The progress made by the Afghanistan Ministry of
Interior and the Office of the Attorney General to address
gross violations of human rights by civilian security
forces, the Taliban, and nongovernment armed groups,
including--
(I) an analysis of resources provided by the
Government of Afghanistan for such efforts; and
(II) a summary of assistance provided by the United
States Government to support such efforts.
(B) The number of Taliban and Afghan prisoners and any
plans for the release of such prisoners from either side.
(C) A detailed overview of Afghan 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.
(D) 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 the manner in which
such efforts inform government-level policies and negotiations.
(3) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(d) Rule of Construction.--Nothing in this section shall prejudice
whether a subsequent agreement or arrangement involving the Taliban
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. STRATEGY FOR POST-CONFLICT ENGAGEMENT ON HUMAN RIGHTS 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 between
the Government of Afghanistan and the Taliban, a strategy to support
the protection and promotion of 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. 1219. MODIFICATION TO REPORT ON ENHANCING SECURITY AND STABILITY
IN AFGHANISTAN.
Section 1225(b) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3550) is amended by adding at the end the following:
``(10) Civilian casualties.--
``(A) An analysis of civilian casualties caused by--
``(i) the Afghan National Defense and Security Forces;
and
``(ii) the Taliban and other terrorist organizations in
Afghanistan.
``(B) A description of current training and advisory
efforts to improve the Government of Afghanistan's capability
to minimize civilian casualties and other harm to civilians and
civilian infrastructure in compliance with the laws of armed
conflict, to include its principles of military necessity,
proportionality, and distinction, and any gaps or weaknesses in
Afghanistan's capability to minimize civilian casualties and
other such harm.
``(C) An assessment of the progress of implementation of
the Government of Afghanistan's National Civilian Casualty and
Mitigation and Prevention Policy.
``(D) An assessment of the Government of Afghanistan's
capacity and mechanisms to assess and investigate reports of
civilian casualties.
``(11) District-level stability assessment.--
``(A) In general.--The production of a district-level
stability assessment that displays the level of Government of
Afghanistan versus insurgent control and influence of districts
that the Department of Defense 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 data relating to
the assessments described in subparagraph (A).
``(12) Other matters.--Any other matters the Secretary of
Defense determines to be relevant.''.
SEC. 1220. REPORT ON OPERATION FREEDOM'S SENTINEL.
(a) Fiscal Year 2021.--Not later than 90 days after the date of the
enactment of this Act, 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
Freedom's Sentinel for fiscal year 2021.
(b) Fiscal Years 2022 and 2023.--To accompany the materials
relating to Operation Freedom's Sentinel submitted to Congress by the
Secretary of Defense in support of the budget of the President (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code) for fiscal year 2022 and fiscal year 2023, 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's Sentinel.
(c) Matters To Be Included.--The report required by subsection (a)
and each report required by subsection (b) 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 are funded by any of the services that are
part of the operation's budget request;
(5) activities related to transportation, logistics, and other
support; and
(6) any other matters the Secretary determines to be relevant.
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
``$322,500,000''.
(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, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
``(ii) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Appropriations
of the Senate.''.
(d) Report and Budget Details Regarding Operation Inherent
Resolve.--
(1) Report required.--At the same time as the submission of the
budget of the President (as submitted to Congress pursuant to
section 1105 of title 31, United States Code) for fiscal year 2022
and each fiscal year thereafter, the Secretary of Defense shall
submit a report with accompanying budgetary details regarding
Operation Inherent Resolve.
(2) Elements of report.--At a minimum, the report required by
paragraph (1) shall 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 fiscal year;
(B) a detailed description of the weapons and equipment
purchased using the Counter-ISIS Train and Equip Fund in the
prior fiscal year;
(C) a list and description of activities and exercises
carried out under the operation during the prior fiscal year;
(D) 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 fiscal year;
(E) a description of criteria used to judge the
effectiveness of joint exercises and other efforts to build
partner capacity under the operation during the prior fiscal
year;
(F) a description of the forces deployed under the
operation, their deployment locations, and activities
undertaken;
(G) the information required under paragraph (3); and
(H) any other matters the Secretary determines appropriate.
(3) Elements of budgetary details.--At a minimum, the budgetary
details accompanying the report required by paragraph (1)--
(A) shall include--
(i) a description of expenditures related to the
operation for the fiscal year preceding the fiscal year of
the budget covered by the report;
(ii) with respect to the amount requested for the
operation in the budget covered by the report--
(I) any significant change in methodology used to
determine the budgetary details included in the report
and the categories used to organize such details; and
(II) a narrative justification for any significant
changes in the amount requested as compared to the
amount requested and the amount expended for the fiscal
year preceding the fiscal year of the budget covered by
the report; and
(iii) with respect to the estimated direct and indirect
expenditures for the operation in the budget covered by the
report--
(I) detailed information on the estimated direct
expenditures and indirect expenditures broken down by
category (including with respect to operations, force
protection, in-theater support, equipment reset and
readiness, military construction, mobilization,
incremental and total deployment costs, and exercises)
and any additional accounts and categories the
Secretary determines to be relevant; and
(II) a description of the methodology and metrics
used by the Secretary to define the contribution of
indirect costs to the operation or an explanation of
pro-rated amounts based on the level of support
provided to the operation; and
(B) may include a breakdown of expenditures and the amount
requested for the operation in the budget covered by the report
by line item, including with respect to procurement accounts,
military personnel accounts, operation and maintenance
accounts, research, development, test, and evaluation accounts,
and military construction accounts.
(4) Form.--The report and accompanying budget details required
by paragraph (1) shall be submitted in unclassified form, but may
include a classified annex.
(5) Sunset.--The requirements of this subsection shall
terminate on the date on which Operation Inherent Resolve (or a
successor operation) concludes.
(6) Definitions.--In this subsection:
(A) The term ``direct expenditures'' means, with respect to
amounts expended or estimated to be expended for Operation
Inherent Resolve, amounts used directly for supporting counter-
ISIS activities and missions.
(B) The term ``indirect expenditures'' means, with respect
to amounts expended or estimated to be expended for Operation
Inherent Resolve, amounts used for programs or activities that
the Secretary of Defense determines enable the Armed Forces to
carry out the operation.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS.
(a) In General.--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--
(1) in the section heading, by striking ``the vetted syrian
opposition'' and inserting ``vetted syrian groups and
individuals''; and
(2) in subsection (a), 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--
(1) by striking ``10-percent'' and inserting ``25-percent'';
and
(2) 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
congressional defense committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives 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 AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN
IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215 of the
National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113
note) is amended--
(1) by striking ``fiscal year 2020'' and inserting ``fiscal
year 2021''; and
(2) by striking ``$30,000,000'' and inserting ``$25,000,000''.
(b) Source of Funds.--Subsection (d) of such section is amended by
striking ``fiscal year 2020'' and inserting ``fiscal year 2021''.
(c) Limitation on Availability of Funds.--Subsection (h) of such
section is amended to read as follows:
``(h) Limitation on Availability of Funds.--Of the amount made
available for fiscal year 2021 to carry out this section, not more than
$15,000,000 may be obligated or expended for the Office of Security
Cooperation in Iraq until the date on which the Secretary of Defense
provides to the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate the following:
``(1) A staffing plan to reorganize the Office in a manner
similar to that of other security cooperation offices in the region
that--
``(A) emphasizes the placement of personnel with regional
or security cooperation expertise in key leadership positions;
``(B) closes duplicative or extraneous sections;
``(C) includes the number and type of validated billets
funded by the Department of Defense necessary to support the
Office; and
``(D) outlines the process and provides a timeline for
validating billets funded by the Department of State necessary
to support the Office.
``(2) A progress report with respect to the initiation of
bilateral engagement with the Government of Iraq with the objective
of establishing a joint mechanism for security assistance planning,
including a five-year security assistance roadmap for developing
sustainable military capacity and capabilities and enabling defense
institution building and reform.
``(3) A plan to transition the preponderance of funding for the
activities of the Office from current sources to the Foreign
Military Financing Administrative Fund and the Foreign Military
Sales Trust Fund Administrative Surcharge Account in future
years.''.
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. REPORT AND BUDGET DETAILS REGARDING OPERATION SPARTAN
SHIELD.
(a) Report Required.--At the same time as the submission of the
budget of the President (as submitted to Congress pursuant to section
1105 of title 31, United States Code) for fiscal year 2022 and each
fiscal year thereafter, the Secretary of Defense shall submit a report
with accompanying budgetary details regarding Operation Spartan Shield.
(b) Elements of Report.--At a minimum, the report required by
subsection (a) shall include--
(1)(A) for the first report, a history of the operation and its
objectives; and
(B) for each subsequent report, a description of the operation
and its objectives during the prior fiscal year;
(2) a list and description of activities and exercises carried
out under the operation during the prior fiscal year;
(3) 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 fiscal year;
(4) a description of criteria used to judge the effectiveness
of joint exercises and other efforts to build partner capacity
under the operation during the prior fiscal year;
(5) a description of the forces deployed under the operation,
their deployment locations, and activities undertaken;
(6) the information required under subsection (c); and
(7) any other matters the Secretary determines appropriate.
(c) Elements of Budgetary Details.--At a minimum, the budgetary
details accompanying the report required by subsection (a)--
(1) shall include--
(A) a description of expenditures related to the operation
for the fiscal year preceding the fiscal year of the budget
covered by the report;
(B) with respect to the amount requested for the operation
in the budget covered by the report--
(i) any significant change in methodology used to
determine the budgetary details included in the report and
the categories used to organize such details; and
(ii) a narrative justification for any significant
changes in the amount requested as compared to the amount
requested and the amount expended for the fiscal year
preceding the fiscal year of the budget covered by the
report; and
(C) with respect to the estimated direct and indirect
expenditures for the operation in the budget covered by the
report--
(i) detailed information on the estimated direct
expenditures and indirect expenditures broken down by
category (including with respect to operations, force
protection, in-theater support, equipment reset and
readiness, military construction, mobilization, incremental
and total deployment costs, and exercises) and any
additional accounts and categories the Secretary determines
to be relevant; and
(ii) a description of the methodology and metrics used
by the Secretary to define the contribution of indirect
costs to the operation or an explanation of pro-rated
amounts based on the level of support provided to the
operation; and
(2) may include a breakdown of expenditures and the amount
requested for the operation in the budget covered by the report by
line item, including with respect to procurement accounts, military
personnel accounts, operation and maintenance accounts, research,
development, test, and evaluation accounts, and military
construction accounts.
(d) Form.--The report and accompanying budget details required by
subsection (a) shall be submitted in unclassified form, but may include
a classified annex.
(e) Sunset.--The requirements of this section shall terminate on
the date on which Operation Spartan Shield (or a successor operation)
concludes.
(f) Definitions.--In this section:
(1) The term ``direct expenditures'' means, with respect to
amounts expended or estimated to be expended for Operation Spartan
Shield, amounts used directly for supporting deterrence activities
and missions.
(2) The term ``indirect expenditures'' means, with respect to
amounts expended or estimated to be expended for Operation Spartan
Shield, amounts used for programs or activities that the Secretary
of Defense determines enable the Armed Forces to carry out the
operation.
Subtitle D--Matters Relating to Russia
SEC. 1231. 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. 1232. MATTERS RELATING TO UNITED STATES PARTICIPATION IN THE OPEN
SKIES TREATY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the decision of the United States to withdraw from the Open
Skies Treaty, while taken in accordance with paragraph 2 of Article
XV of the Treaty, 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; and
(2) in the future, confidence and security building measures
that are designed to reduce the risk of conflict, increase trust
among participating states, and contribute to military transparency
should continue to play a central role in United States' engagement
with Europe and its efforts to promote transatlantic security.
(b) Notification Required.--
(1) In general.--Not later than 90 days after 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 and description of any agreements that
the United States has concluded 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 any such
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.--Not later than 90 days after
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).
(c) Report.--
(1) In general.--Not later than March 1, 2021, 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
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 the
military-to-military contacts and diplomatic engagement
opportunities with United States allies provided by the Treaty.
(B) A description of--
(i) the options available to the United States for
obtaining unclassified, publicly-releasable imagery similar
to that which it currently receives under the Treaty, and
if any of those options are planned to be used;
(ii) if national technical means are used as a
replacement to obtain such imagery--
(I) how the requirements previously satisfied by
collection under the Treaty will be prioritized within
the National Intelligence Priorities Framework;
(II) options for mitigating any gaps in collection
should such mitigation be necessary, and if any of
those options are planned to be used, and if none are
necessary, an explanation of the rationale for not
mitigating any such gaps; and
(III) requirements and timelines for
declassification of imagery 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) estimated costs to purchase commercial imagery
equivalent to that which is obtained under the Treaty;
and
(III) estimates of costs to share such imagery with
other state parties to the Treaty.
(C) A description of options available to the United States
for replacing intelligence information, other than imagery,
obtained pursuant to the implementation of the Treaty, and if
any of those options are planned to be used.
(D) A description of the options available to the United
States for continuing dialogue with Russia in a manner similar
to the formal communications mechanisms provided for under the
Treaty or that were used as confidence-building measures, and
if any of those options are planned to be used.
(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 similar to those provided for under the
Treaty with other state parties to the Treaty that are United
States allies and which, if any, the United States may consider
pursuing.
(H) An assessment by the Defense Intelligence Agency of the
impact of such withdrawal on--
(i) its ability to assess Russian military capabilities
and the balance of forces in Europe; and
(ii) the ability of Russia to assess United States
military capabilities in the United States and in Europe.
(I) A description of the means the United States will use
to influence future decisions regarding certifications of new
sensors, such as synthetic aperture radar sensors, under the
Treaty that could pose additional risk to deployed United
States military forces and assets, and an assessment of their
potential effectiveness.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified annex.
(d) 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. 1233. 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 prohibition under subsection (a) if
the Secretary of Defense--
(1) determines that a waiver is in the national security
interest of the United States; and
(2) on the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason for
seeking the waiver to--
(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.
SEC. 1234. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE RUSSIAN FEDERATION.
(a) Report Required.--Not later than June 1 of each year, the
Secretary of Defense, in consultation with the heads of other relevant
Federal agencies, shall submit to the appropriate congressional
committees a report, in both classified and unclassified form, on the
security and military strategies and capabilities of the Russian
Federation (in this section referred to as ``Russia'').
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following:
(1) An assessment of the security priorities and objectives of
Russia, including those priorities and objectives that would affect
the North Atlantic Treaty Organization (NATO), the Middle East, and
the People's Republic of China.
(2) A description of the goals and factors shaping Russian
security strategy and military strategy, including military
spending and investment priorities and their alignment with the
security priorities and objectives described in paragraph (1).
(3) A description of developments in Russian military doctrine
and training.
(4) An assessment of the force structure of the Russian
military.
(5) An assessment of the force structure and capabilities of
Russian military forces stationed in each of the Arctic,
Kaliningrad, and Crimea, including a description of any changes to
such force structure or capabilities during the one-year period
ending on the date of such report and with a particular emphasis on
the anti-access and area denial capabilities of such forces.
(6) An assessment of Russian military strategy and objectives
for the Arctic region.
(7) A description of the status of testing, production,
deployment, and sale or transfer to other states or non-state
actors of cruise missile systems by the Russian Federation.
(8) A description of Russia's current missile defense strategy
and capabilities, including efforts to develop missile defense
capabilities.
(9) An assessment of the tactics, techniques, and procedures
used by Russia in operations in Ukraine.
(10) An assessment of Russia's diplomatic, economic, and
intelligence operations in Ukraine.
(11) A summary of all significant Russian military-to-military
cooperation with foreign militaries, major training and exercises,
and foreign military deployments, including listing for each
deployment the estimated number of forces deployed, the types of
capabilities deployed (including any advanced weapons), the length
of deployment as of such date, and, if known, any military-to-
military agreement such as a basing agreement with the host nation.
(12) An assessment of the proliferation activities of Russia
and Russian entities, as a supplier of materials, technologies, or
expertise relating to nuclear weapons or other weapons of mass
destruction or missile systems.
(13) Developments in Russia's nuclear program, including the
size and state of Russia's stockpile, an analysis of the nuclear
strategy and associated doctrine of Russia and of the capabilities,
range, and readiness of all Russian nuclear systems and delivery
methods.
(14) A description of Russia's anti-access and area denial
capabilities.
(15) A description of Russia's modernization program for its
command, control, communications, computers, intelligence,
surveillance, and reconnaissance program and its applications for
Russia's precision guided weapons.
(16) In consultation with the Secretary of Energy and the
Secretary of State, developments regarding United States-Russian
engagement and cooperation on security matters.
(17) A description of Russia's asymmetric capabilities,
including its strategy and efforts to develop and deploy electronic
warfare, space and counterspace, and cyber warfare capabilities,
including details on the number of malicious cyber incidents and
associated activities against Department of Defense networks that
are known or suspected to have been conducted or directed by the
Government of the Russian Federation.
(18) An assessment of Russia's hybrid warfare strategy and
capabilities, including--
(A) Russia's information warfare strategy and capabilities,
including the use of misinformation, disinformation, and
propaganda in social and traditional media;
(B) Russia's financing of political parties, think tanks,
media organizations, and academic institutions;
(C) Russia's malicious cyber activities;
(D) Russia's use of coercive economic tools, including
sanctions, market access, and differential pricing, especially
in energy exports; and
(E) Russia's use of criminal networks and corruption to
achieve political objectives.
(19) An assessment of attempts by Russia, or any foreign person
acting as an agent of or on behalf of Russia, during the preceding
year to knowingly disseminate Russian-supported disinformation or
propaganda, through social media applications or related Internet-
based means, to members of the Armed Forces with probable intent to
cause injury to the United States or advantage the Government of
the Russian Federation.
(20) The current state and summary of United States military-
to-military cooperation with Russia's armed forces during the one-
year period ending on the date that is one month before the date of
submission of the report, including a summary of topics discussed.
(21) A description of any military-to-military cooperation
planned for the 12-month period beginning on the date of submission
of the report and an assessment by the Secretary of Defense of the
benefits the Department of Defense expects to gain from such
military-to-military cooperation as well as any concerns regarding
such cooperation.
(22) A description of changes to United States policy on
military-to-military contacts with Russia resulting from Russia's
annexation of Crimea.
(23) A description and assessment of efforts by the Russian
Federation and associated agents, entities, and proxies to support
or encourage attacks against Armed Forces and personnel of the
United States engaged in named contingency operations or combat.
(24) Other military and security developments involving Russia
that the Secretary of Defense considers relevant to United States
national security.
(c) Nonduplication.--If any information required under subsection
(b) has been included in another report or notification previously
submitted to Congress as required by law, the Secretary of Defense may
provide a list of such reports and notifications at the time of
submitting the report required by subsection (a) in lieu of including
such information in the report required by subsection (a).
(d) Publishing Requirement.--Upon submission of the report required
under subsection (a) in both classified and unclassified form, the
Secretary of Defense shall publish the unclassified form on the website
of the Department of Defense.
(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 Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(f) Repeal.--Section 1245 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3566) is hereby repealed.
(g) Sunset.--This section shall terminate on January 31, 2026.
SEC. 1235. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
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 (2)(B)--
(i) in clause (iv), by striking ``; and'' at the end
and inserting a semicolon;
(ii) in clause (v), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(vi) transformation of command and control structures
and roles in line with North Atlantic Treaty Organization
principles; and
``(vii) improvement of human resources management,
including to support career management reforms, enhanced
social support to military personnel and their families,
and professional military education systems.'';
(C) in paragraph (3), by striking ``fiscal year 2020'' and
inserting ``fiscal year 2021''; and
(D) in paragraph (5) to read as follows:
``(5) Lethal assistance.--Of the funds available for fiscal
year 2021 pursuant to subsection (f)(6), $75,000,000 shall be
available only for lethal assistance described in paragraphs (2),
(3), (11), (12), (13), and (14) of subsection (b).'';
(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''.
SEC. 1236. 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 to the appropriate committees of Congress a
report 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 transfer 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 to the
appropriate committees of Congress 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 assist Ukraine in meeting 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 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 the extent to which 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 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 the extent to which United States
security assistance to the Ukrainian air force is in the
national security interests of the United States.
(4) An assessment of the 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 Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
SEC. 1237. REPORT ON RUSSIAN FEDERATION SUPPORT OF RACIALLY AND
ETHNICALLY MOTIVATED VIOLENT EXTREMISTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence and the
Secretary of Defense, with the concurrence of the Secretary of State
and in consultation with the head of any other relevant Federal
department or agency, shall jointly submit to the appropriate
committees of Congress a report on Russian Federation support of
foreign racially and ethnically motivated violent extremist groups and
networks, including such support--
(1) provided by agents and entities of the Russian Federation
acting at the direction or for the benefit of the Government of the
Russian Federation; and
(2) as it relates to undermining stability and security and
fomenting or sustaining conflict.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A list of each foreign racially or ethnically motivated
violent extremist group or network known to meet, or suspected of
meeting, any of the following criteria:
(A) The group or network has been targeted or recruited by
the security services of the Russian Federation.
(B) The group or network has received support (including
training, disinformation or amplification on social media
platforms, financial support, and any other support) from the
Russian Federation or an agent or entity of the Russian
Federation acting at the direction or for the benefit of the
Government of the Russian Federation.
(C) The group has leadership or a base of operations
located within the Russian Federation and operates or maintains
a chapter or network of the group outside the Russian
Federation.
(2) For each such group or network--
(A) an overview of the membership, ideology, and
activities;
(B) a description of the leadership, plans, intentions, and
capabilities;
(C) a description of the composition and characteristics,
including an assessment whether and to what extent the members
of the group or network are also part of a military, security
service, or police force;
(D) a description of financing and other forms of material
support received from the Russian Federation;
(E) an assessment whether and to what extent the group or
network is engaged in or facilitating military or paramilitary
training;
(F) an assessment of trends and patterns relating to
communications, travel, and training carried out between such
group or network and the Russian Federation; and
(G) an opportunity analysis with respect to mitigating and
disrupting the transnational nexus between such group or
network and the Russian Federation.
(3) An assessment of the manner in which Russian Federation
support of such groups or networks aligns with the strategic
interests of the Russian Federation with respect to geopolitical
competition.
(4) An assessment of the impact and role of such groups or
networks in destabilizing or influencing conflict zones or regional
tensions, including by--
(A) assisting Russian Federation-backed separatist forces
in the Donbas region of Ukraine;
(B) destabilizing security on the Crimean peninsula of
Ukraine;
(C) undermining stability and security in the Balkans; or
(D) threatening the support for the North Atlantic Treaty
Organization in Southeastern Europe.
(5) A description of any relationship or affiliation between
such groups or networks and ultranationalist or extremist political
parties within or outside the Russian Federation, and an assessment
of the manner in which the Russian Federation may use such a
relationship or affiliation to advance the strategic interests of
the Russian Federation.
(6) A description of the use by the Russian Federation of
social media platforms to support or amplify the presence or
messaging of such groups or networks outside of the Russian
Federation, and an assessment of efforts by the United States,
partners, and allies to counter such support or amplification.
(7) An assessment of the nature and extent of the threat that
Russian Federation support of such groups or networks poses to
United States counterterrorism efforts and other national security
interests.
(8) Recommendations, consistent with a whole-of-government
approach to countering Russian Federation information warfare and
malign influence operations--
(A) to mitigate the security threat posed by such groups or
networks; or
(B) to reduce or counter Russian Federation support for
such groups or networks.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include 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 Foreign
Relations, and the Select Committee on Intelligence of the Senate;
and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1238. 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, or in coordination with, 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 specific intent to
significantly influence voters, undermine public confidence in
election processes or institutions, or influence, undermine
confidence in, or alter 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''.
Subtitle E--Matters Relating to Europe and NATO
SEC. 1241. DETERMINATION AND IMPOSITION OF SANCTIONS WITH RESPECT TO
TURKEY'S ACQUISITION OF THE S-400 AIR DEFENSE SYSTEM.
(a) Sense of Congress.--It is the sense of Congress that it is in
the national security interest of the United States--
(1) to deter aggression against North Atlantic Treaty
Organization (NATO) allies by the Russian Federation or any other
adversary;
(2) to continue to work with NATO allies to ensure they meet
their alliance defense commitments, including through adequate and
efficient investments in national defense;
(3) 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;
(4) 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;
(5) 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;
(6) to promote opportunities to strengthen the capacity of NATO
member states to counter Russian malign influence; and
(7) to enforce fully the Countering America's Adversaries
Through Sanctions Act (22 U.S.C. 9401 et seq.), including by
imposing sanctions with respect to any person that the President
determines knowingly engages 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 (22 U.S.C.
9525).
(b) Determination.--The acquisition by the Government of Turkey of
the S-400 air defense system from the Russian Federation beginning on
July 12, 2019, constitutes a significant transaction as described in
section 231 of the Countering America's Adversaries Through Sanctions
Act (22 U.S.C. 9525).
(c) Imposition of 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 each
person that knowingly engaged in the acquisition of the S-400 air
defense system referred to in subsection (b).
(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.--On and after the date that is one year after the
date on which the President imposes sanctions under subsection (c) with
respect to a person, the President may terminate the application of
such sanctions with respect to that 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 defense system or a
successor system;
(2) no S-400 air defense system or successor system is operated
or maintained inside Turkey by nationals of the Russian Federation
or persons acting on behalf of the Government of the Russian
Federation or the defense sector of the Russian Federation; and
(3) 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 pursuing any activity subject to sanctions under section
231 of the Countering America's Adversaries Through Sanctions Act
(22 U.S.C. 9525) to reacquire the S-400 air defense system or a
successor system.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives.
SEC. 1242. 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; 133 Stat. 2300; 22 U.S.C. 9526 note) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or pipe-laying activities'' after
``pipe-laying''; and
(B) by striking ``; and'' and inserting a semicolon;
(2) in subparagraph (B)--
(A) in clause (i)--
(i) by inserting ``, or facilitated selling, leasing,
or providing,'' 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 for those vessels underwriting
services or insurance or reinsurance necessary or essential
for the completion of such a project;
``(iv) provided services or facilities for technology
upgrades or installation of welding equipment for, or
retrofitting or tethering of, those vessels if the services
or facilities are necessary or essential for the completion
of such a project; or
``(v) provided services for the testing, inspection, or
certification necessary or essential for the completion or
operation of the Nord Stream 2 pipeline; and''; and
(3) by adding at the end the following:
``(C) the consultations carried out pursuant to subsection
(i) and describes the nature of the consultations and any
concerns raised by the government of Norway, Switzerland, the
United Kingdom, or any member country of the European Union.''.
(b) Exception.--Subsection (e) of such section is amended by adding
at the end the following:
``(6) Exception for certain governments and governmental
entities.--Sanctions under this section shall not apply with
respect to--
``(A) the European Union;
``(B) the government of Norway, Switzerland, the United
Kingdom, or any member country of the European Union; or
``(C) any entity of the European Union or a government
described in subparagraph (B) that is not operating as a
business enterprise.''.
(c) Waiver.--Subsection (f) of such section is amended to read as
follows:
``(f) National Interest Waiver.--The President may waive the
application of sanctions under this section with respect to a person if
the President--
``(1) determines that the waiver is in the national interests
of the United States; and
``(2) submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver.''.
(d) Consultations; Report.--Such section is further amended--
(1) by redesignating subsection (i) as subsection (k); and
(2) by inserting after subsection (h) the following:
``(i) Consultations.--Before imposing sanctions under this section,
the Secretary of State shall consult with the relevant governments of
Norway, Switzerland, the United Kingdom, and member countries of the
European Union with respect to the imposition of such sanctions.
``(j) Report on Impact of Sanctions.--Not later than one year after
the date of the enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021, and annually thereafter
until all sanctions imposed under this section have terminated under
subsection (h), the Secretary of State, in consultation with the
Secretary of the Treasury, shall submit to the appropriate
congressional committees a report detailing the impact of the
imposition of sanctions under this section that includes information
on--
``(1) whether the goals of the sanctions have been met;
``(2) the diplomatic impact of the sanctions, including on
relationships with the governments of Norway, Switzerland, the
United Kingdom, and member countries of the European Union; and
``(3) the economic impact of the sanctions, including the
impact on United States persons.''.
(e) Definitions.--Subsection (k) of such section, as redesignated
by subsection (b), is further 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, backfilling,
stringing, bending, welding, coating, and lowering of pipe.''.
(f) Wind-down Period.--The President may not impose sanctions with
respect to a person identified in the first report submitted under
section 7503(a) of the Protecting Europe's Energy Security Act of 2019,
as amended by this section, after the date of the enactment of this Act
for operations subject to sanctions by reason of the amendments made by
this section if the President certifies in that report that the person
has, not later than 30 days after such date of enactment, engaged in
good faith efforts to wind down such operations.
SEC. 1243. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN EUROPEAN
NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL EXERCISES.
Subsection (h) of section 1251 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is
amended--
(1) in the first sentence, by striking ``December 31, 2021''
and inserting ``December 31, 2023''; and
(2) in the second sentence, by striking ``the period beginning
on October 1, 2015, and ending on December 31, 2021'' and inserting
``the period beginning on October 1, 2015, and ending on December
31, 2023''.
SEC. 1244. SENSE OF CONGRESS ON SUPPORT FOR THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the sense of Congress that--
(1) the success of the North Atlantic Treaty Organization
(NATO) is critical to achieving United States national security
objectives in Europe and around the world;
(2) NATO remains the strongest and most successful military
alliance in the world, founded on a commitment by its members to
uphold the principles of democracy, individual liberty, and the
rule of law, and its contributions to the collective defense are
indispensable to the security, prosperity, and freedom of its
members;
(3) the United States reaffirms its ironclad commitment to NATO
as the foundation of transatlantic security and to uphold its
obligations under the North Atlantic Treaty, including Article 5 of
the Treaty;
(4) the 2018 National Defense Strategy identifies long-term
strategic competition with Russia as a principal priority and
highlights the essential role that a strong NATO alliance must play
in implementing that strategy and addressing shared security
concerns;
(5) the United States should deepen defense cooperation with
non-NATO European partners, reaffirm the open-door policy of NATO,
and encourage security sector cooperation between NATO and non-NATO
defense partners that complements and strengthens collective
defense, interoperability, and allies' commitment to Article 3 of
the North Atlantic Treaty;
(6) bolstering NATO cohesion and enhancing security
relationships with non-NATO European partners to counter Russian
aggression, including Russia's use of hybrid warfare tactics and
its willingness to use military power to alter the status quo,
strengthens the United States security interests for the long-term
strategic competition;
(7) the continued prioritization of funding for the European
Deterrence Initiative, including for purposes of strengthening
allied and partner capability and power projection along the
eastern flank of NATO, remains critically important;
(8) the United States and NATO should continue to cooperate on
other major shared challenges, such as the COVID-19 pandemic; and
(9) the policy of the United States should be to work with its
NATO and other allies and partners to build permanent mechanisms to
strengthen supply chains, enhance supply chain security, fill
supply chain gaps, and maintain commitments made at the June 2020
NATO Defense Ministerial, particularly regarding pandemic response
preparations.
SEC. 1245. LIMITATION ON UNITED STATES FORCE STRUCTURE REDUCTIONS IN
GERMANY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Federal Republic of Germany continues to be a strong
ally within the North Atlantic Treaty Organization (NATO) and a
critical ally of the United States;
(2) the presence of the United States Armed Forces in Germany
serves as a strong deterrent to Russian Federation military
aggression and expansion in Europe and as an essential support
platform for carrying out vital national security engagements in
the Middle East, Africa, and Afghanistan;
(3) the presence of approximately 34,500 members of the United
States Armed Forces deployed to Germany, and the ability to
increase that level as necessary in response to global security
challenges, is essential to supporting NATO's operations and its
collective deterrence against threats;
(4) reducing the number of members of the United States Armed
Forces in Germany during a time of growing threats in Europe would
constitute a grave strategic mistake that would undermine United
States national security interests and weaken NATO; and
(5) the United States should continue--
(A) to maintain and strengthen its bilateral relationship
with Germany; and
(B) to maintain a robust military presence in Germany so as
to deter aggression against the United States and its allies
and partners.
(b) Limitation.--The Secretary of Defense may not reduce the total
number of members of the Armed Forces serving on active duty who are
stationed in the Federal Republic of Germany below 34,500 until 120
days after the date on which the Secretary, in consultation with the
heads of other relevant Federal departments and agencies, submits to
the appropriate congressional committees a written assessment that
contains the following:
(1) An analysis of whether the reduction in the total number of
Armed Forces serving on active duty who are stationed in Germany
would be in the national security interest of the United States and
would not detract from United States military posture and alignment
in the European theater.
(2) An analysis of the impact of such a reduction on the
security of the United States as well as the security of allies and
partners of the United States in Europe.
(3) An analysis of the impact of such a reduction on the
deterrence and defense posture of the North Atlantic Treaty
Organization (NATO).
(4) An analysis of the impact of such a reduction on the
ability of the Armed Forces to execute contingency plans of the
Department of Defense, including ongoing operations executed by
United States Central Command and United States Africa Command.
(5) An analysis of the impact of such a reduction on military
families or additional costs for relocation of associated
infrastructure.
(6) An analysis of the impact of such a reduction on military
training and major military exercises, including on
interoperability and joint activities with allies and partners.
(7) A description of the consultations made with United States
allies and partners in Europe, including a description of the
consultations with each member of NATO, regarding such a reduction.
(8) A description of the capabilities that would be impacted in
Germany and any actions designed to mitigate such a reduction.
(9) A detailed description of the requirements for the
Department of Defense to effectuate any relocation and redeployment
of members of the Armed Forces from Germany and associated
relocation of military families.
(10) A detailed analysis of the impact of the reduction and
redeployment of military capabilities on the ability of the United
States to meet commitments under the North Atlantic Treaty as well
as the ability to support operations in the Middle East and Africa.
(11) A detailed analysis of the impact of such reduction and
redeployment on the implementation of the National Defense Strategy
and on Joint Force Planning.
(12) A detailed analysis of the cost implications of such a
reduction and redeployment, to include the cost of any associated
new facilities to be constructed or existing facilities to be
renovated at the location to which the members of the Armed Forces
are to be moved and stationed and the costs associated with
rotational deployments.
(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.
(d) Sunset.--The limitation in subsection (b) shall terminate on
September 30, 2021.
SEC. 1246. REPORT ON UNITED STATES MILITARY FORCE POSTURE IN
SOUTHEASTERN EUROPE.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Commander of United States European Command, shall submit to the
congressional defense committees and the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations
of the Senate a report on United States military force posture in the
Southeastern Europe region, including the Eastern Mediterranean and
Black Sea.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A description and assessment of the strategic significance
of Russia's and China's military posture and activities in the
region.
(2) A description of the current presence, including the
permanently stationed, rotational, and continuous rotational
presence, and any agreements in place governing United States Armed
Forces in the region.
(3) An assessment of the strategic and operational significance
of the Eastern Mediterranean and Black Sea for contingency plans of
the Department of Defense.
(4) An assessment of United States military force posture needs
in the region to implement the Department of Defense Black Sea
strategy in accordance with the provisions of the Report of the
Committee on Armed Services of the House of Representatives to
Accompany H.R. 2500 (116th Congress; House Report 116-120).
(5) An assessment of the value, cost, and feasibility of
increasing permanently stationed or rotational deployments of the
United States Armed Forces in the region, to include assessments of
posture in Greece, Romania, Bulgaria, and other relevant locations,
and an assessment of available infrastructure and any
infrastructure improvements that would be necessary to support such
an increase.
(c) Form.--The report required by subsection (a) shall be submitted
in a classified form and include an unclassified summary.
SEC. 1247. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED ACTION TO
ENSURE THE SECURITY OF BALTIC ALLIES.
It is the sense of Congress that--
(1) maintaining the security of the Baltic states of Estonia,
Latvia, and Lithuania is critical to achieving United States
national security objectives;
(2) the Baltic states play a crucial role in strategic efforts
to deter Russia, maintain the collective security of the North
Atlantic Treaty Organization (NATO) alliance, and strengthen
bilateral and multilateral defense; and
(3) the United States should continue to pursue efforts
consistent with a comprehensive, multilateral assessment of the
military requirements of the Baltic states focused on security
sector assistance, coordination, and planning designed to ensure
the security of the Baltic states and address current and future
security challenges.
SEC. 1248. SENSE OF CONGRESS ON THE ROLE OF THE KOSOVO FORCE OF THE
NORTH ATLANTIC TREATY ORGANIZATION.
It is the sense of Congress that--
(1) the Kosovo Force of the North Atlantic Treaty Organization
continues to play an indispensable role in maintaining security and
stability in the Western Balkans, which are the essential
predicates for the success of diplomatic efforts between Kosovo and
Serbia;
(2) the participation of the United States Armed Forces in the
Kosovo Force is foundational to the credibility and success of
mission of the Kosovo Force;
(3) with the North Atlantic Treaty Organization allies and
other European partners contributing over 80 percent of the troops
for the mission, the Kosovo Force is a primary example of the long-
term benefits of burden sharing to United States national security
interests; and
(4) together with the allies and partners of the United States,
the United States should--
(A) maintain its commitment to the Kosovo Force;
(B) take all appropriate steps to ensure that the Kosovo
Force has the necessary personnel, capabilities, and resources
to perform its critical mission; and
(C) continue to support the gradual transition of the
Kosovo Security Force to a multi-ethnic army for the Republic
of Kosovo that is interoperable with North Atlantic Treaty
Organization members through an inclusive and transparent
process that--
(i) respects the rights and concerns of all citizens of
Kosovo;
(ii) promotes regional security and stability; and
(iii) supports the aspirations of Kosovo for full Euro-
Atlantic integration.
Subtitle F--Matters Relating to the Indo-Pacific Region
SEC. 1251. PACIFIC DETERRENCE INITIATIVE.
(a) In General.--The Secretary of Defense shall establish an
initiative, to be known as the ``Pacific Deterrence Initiative'' (in
this section referred to as the ``Initiative''), to carry out
prioritized activities to enhance the United States deterrence and
defense posture in the Indo-Pacific region, assure allies and partners,
and increase capability and readiness in the Indo-Pacific region.
(b) Purpose.--The Initiative required under subsection (a) shall
carry out the following prioritized activities to improve the design
and posture of the joint force in the Indo-Pacific region, primarily
west of the International Date Line:
(1) Modernize and strengthen the presence of the United States
Armed Forces, including those with advanced capabilities.
(2) Improve logistics and maintenance capabilities and the pre-
positioning of equipment, munitions, fuel, and materiel.
(3) Carry out a program of exercises, training,
experimentation, and innovation for the joint force.
(4) Improve infrastructure to enhance the responsiveness and
resiliency of the United States Armed Forces.
(5) Build the defense and security capabilities, capacity, and
cooperation of allies and partners.
(c) Funding.--Of the amounts authorized to be appropriated by this
Act for the Department of Defense for fiscal year 2021, $2,234,958,000
is authorized to be made available to carry out the Initiative required
under subsection (a), as specified in the funding tables in division D
of this Act.
(d) Plan Required.--Not later than February 15, 2021, and annually
thereafter, the Secretary, in consultation with the Commander of the
United States Indo-Pacific Command, shall submit to the congressional
defense committees a report on future year activities and resources for
the Initiative that includes the following:
(1) A description of the activities and resources for the first
fiscal year beginning after the date of submission of the report
and the plan for not fewer than the four following fiscal years,
organized by the activities described in paragraphs (1) through (5)
of subsection (b).
(2) A summary of progress made towards achieving the purposes
of the Initiative.
(3) A summary of the activity, resource, capability,
infrastructure, and logistics requirements necessary to achieve
measurable progress in reducing risk to the joint force's ability
to achieve objectives in the region, including through investments
in--
(A) active and passive defenses against unmanned aerial
systems and theater cruise, ballistic, and hypersonic missiles;
(B) advanced long-range precision strike systems;
(C) command, control, communications, computers,
intelligence, surveillance, and reconnaissance systems;
(D) test range capacity, capability, and coordination;
(E) dispersed, resilient, and adaptive basing to support
distributed operations, including expeditionary airfields and
ports;
(F) advanced critical munitions;
(G) pre-positioned forward stocks of fuel, munitions,
equipment, and materiel;
(H) distributed logistics and maintenance capabilities;
(I) strategic mobility assets;
(J) improved interoperability and information sharing with
allies and partners;
(K) information operations capabilities;
(L) bilateral and multilateral military exercises and
training with allies and partners; and
(M) use of security cooperation authorities to further
build partner capacity.
(4) A detailed timeline to achieve the requirements identified
under paragraph (3).
(5) A detailed explanation of any significant modifications to
such requirements, as compared to plans previously submitted under
this subsection.
(6) Any other matter, as determined by the Secretary.
(e) Budget Display Information.--The Secretary shall include a
detailed budget display for the Initiative in the materials of the
Department of Defense 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 and each fiscal year thereafter that
includes the following information:
(1) The resources necessary for the Initiative to carry out the
activities required under subsection (b) for the applicable fiscal
year and not fewer than the four following fiscal years, organized
by the activities described in paragraphs (1) through (5) of that
subsection.
(2) With respect to procurement accounts--
(A) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(B) a description of the requirements for such amounts
specific to the Initiative.
(3) With respect to research, development, test, and evaluation
accounts--
(A) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(B) a description of the requirements for such amounts
specific to the Initiative.
(4) With respect to operation and maintenance accounts--
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(5) With respect to military personnel accounts--
(A) amounts displayed by account, budget activity, budget
subactivity, and budget subactivity title; and
(B) a description of the requirements for such amounts
specific to the Initiative.
(6) 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 by fiscal year.
(7) With respect to the activities described in subsection
(b)--
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(8) With respect to each military service--
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(9) With respect to the amounts described in each of paragraphs
(2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and (8)(A), a
comparison between--
(A) the amount in the budget of the President for the
following fiscal year;
(B) the amount projected in the previous budget of the
President for the following fiscal year;
(C) a detailed summary of funds obligated for the
Initiative during the preceding fiscal year; and
(D) a detailed comparison of funds obligated for the
Initiative during the previous fiscal year to the amount of
funds requested for such fiscal year.
(f) Briefings Required.--Not later than March 1, 2021, and annually
thereafter, the Secretary shall provide to the congressional defense
committees a briefing on the budget proposal and programs, including
the budget display information for the applicable fiscal year required
by subsection (e).
(g) Repeal.--Section 1251 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1676), as most
recently amended by section 1253 of the John S. McCain National Defense
Authorization Act for fiscal year 2019 (Public Law 115-232; 132 Stat.
2054), is repealed.
SEC. 1252. EXTENSION AND MODIFICATION OF PROHIBITION ON COMMERCIAL
EXPORT OF CERTAIN COVERED MUNITIONS ITEMS TO THE HONG KONG POLICE
FORCE.
(a) In General.--The Act entitled ``An Act to prohibit the
commercial export of covered munitions items to the Hong Kong Police
Force'', approved November 27, 2019 (Public Law 116-77; 133 Stat.
1173), is amended--
(1) by amending the title to read as follows: ``An Act to
prohibit the commercial export of covered munitions and crime
control items to the Hong Kong Police Force.'';
(2) in section 1(2)--
(A) by amending the paragraph heading to read as follows:
``Covered munitions and crime control items ''; and
(B) by striking ``covered munitions items'' and inserting
``covered munitions and crime control items'';
(3) in section 2--
(A) in the section heading, by striking ``covered munitions
items'' and inserting ``covered munitions and crime control
items''; and
(B) in subsection (a), by striking ``covered munitions
items'' and inserting ``covered munitions and crime control
items''; and
(4) in section 3, by striking ``one year after the date of the
enactment of this Act'' and inserting ``on December 31, 2021''.
(b) Technical Corrections to the Hong Kong Autonomy Act.--The Hong
Kong Autonomy Act of 2020 (Public Law 116-149; 134 Stat. 663) is
amended--
(1) in section 2(10), by striking ``The'' and inserting
``Except as otherwise specifically provided, the''; and
(2) in section 7(b)(7), by inserting ``by any person (as
defined in section 4801(8) of title 50, United States Code)'' after
``(in country)''.
SEC. 1253. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP.
(a) Transfer Authority.--Notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense may transfer to the
Secretary of State, for use by the United States Agency for
International Development, amounts to be used for the Bien Hoa dioxin
cleanup in Vietnam.
(b) Limitation on Amount.--Not more than $15,000,000 may be
transferred in fiscal year 2021 under the transfer authority in
subsection (a).
(c) Additional Transfer Authority.--The transfer authority in
subsection (a) is in addition to any other transfer authority available
to the Department of Defense.
(d) Notice on Exercise of Authority.--If the Secretary of Defense
determines to use the transfer authority in subsection (a), the
Secretary shall notify the congressional defense committee of that
determination not later than 30 days before the Secretary uses the
transfer authority.
SEC. 1254. COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR VIETNAMESE
PERSONNEL MISSING IN ACTION.
(a) In General.--The Secretary of Defense, in coordination with the
Secretary of State, is authorized to carry out a cooperative program
with the Ministry of Defense of Vietnam to assist in accounting for
Vietnamese personnel missing in action.
(b) Purpose.--The purpose of the cooperative program under
subsection (a) is to carry out the following activities:
(1) Collection, digitization, and sharing of archival
information.
(2) Building the capacity of Vietnam to conduct archival
research, investigations, and excavations.
(3) Improving DNA analysis capacity.
(4) Increasing veteran-to-veteran exchanges.
(5) Other support activities the Secretary of Defense considers
necessary and appropriate.
SEC. 1255. SENSE OF CONGRESS ON THE UNITED STATES-VIETNAM DEFENSE
RELATIONSHIP.
In commemoration of the 25th anniversary of the normalization of
diplomatic relations between the United States and Vietnam, Congress--
(1) welcomes the historic progress and achievements in United
States-Vietnam relations over the last 25 years;
(2) commends the commitment of Vietnam to resolve international
disputes through peaceful means on the basis of international law;
(3) congratulates Vietnam on its chairmanship of the
Association of Southeast Asian Nations and its election as a
nonpermanent member of the United Nations Security Council, both of
which symbolize the positive leadership role of Vietnam in regional
and global affairs;
(4) affirms the commitment of the United States--
(A) to respect the independence and sovereignty of Vietnam;
and
(B) to establish and promote friendly relations and to work
together on an equal footing for mutual benefit with Vietnam;
(5) encourages the United States and Vietnam to elevate their
comprehensive partnership to a strategic partnership based on
mutual understanding, shared interests, and a common desire to
promote peace, cooperation, prosperity, and security in the Indo-
Pacific region;
(6) affirms the commitment of the United States to continue to
address war legacy issues, including through dioxin remediation,
unexploded ordnance removal, accounting for prisoners of war and
soldiers missing in action, and other activities; and
(7) supports deepening defense cooperation between the United
States and Vietnam, in support of United States interests and
international law, including with respect to maritime security,
cybersecurity, counterterrorism, information sharing, human rights,
humanitarian assistance and disaster relief, military medicine,
peacekeeping operations, defense trade, and other areas.
SEC. 1256. PILOT PROGRAM TO IMPROVE CYBER COOPERATION WITH VIETNAM,
THAILAND, AND INDONESIA.
(a) In General.--The Secretary of Defense, with the concurrence of
the Secretary of State, may establish, using existing authorities of
the Department of Defense, a pilot program in Vietnam, Thailand, and
Indonesia--
(1) to enhance the cyber security, resilience, and readiness of
the military forces of Vietnam, Thailand, and Indonesia; and
(2) to increase regional cooperation between the United States
and Vietnam, Thailand, and Indonesia on cyber issues.
(b) Elements.--The activities of the pilot program under subsection
(a) shall include the following:
(1) Provision of training to military officers and civilian
officials in the ministries of defense of Vietnam, Thailand, and
Indonesia.
(2) The facilitation of regular dialogues and trainings among
the Department of Defense and the ministries of defense of Vietnam,
Thailand, and Indonesia with respect to the development of
infrastructure to protect against foreign cyber attacks.
(3) To undertake, as part of cyber cooperation, training that
includes curricula expressly relating to human rights, the rule of
law, and internet freedom.
(c) Reports.--
(1) Design of pilot program.--Not later than June 1, 2021, the
Secretary of Defense, with the concurrence of the Secretary of
State, shall submit to the appropriate committees of Congress a
report on the design of the pilot program under subsection (a).
(2) Progress report.--Not later than December 31, 2021, and
annually thereafter until the date on which the pilot program
terminates under subsection (e), the Secretary of Defense, with the
concurrence of the Secretary of State, shall submit to the
appropriate committees of Congress a report on the pilot program
that includes--
(A) a description of the activities conducted and the
results of such activities;
(B) an assessment of reforms relevant to cybersecurity and
technology in enhancing the cyber security, resilience, and
readiness of the military forces of Vietnam, Thailand, and
Indonesia;
(C) an assessment of the effectiveness of curricula
relating to human rights, the rule of law, and internet
freedom; and
(D) the content and curriculum of any program made
available to participants of such program.
(d) Certification.--Not later than 30 days before the date on which
the pilot program under subsection (a) is scheduled to commence, the
Secretary of Defense, with the concurrence of the Secretary of State,
shall submit to the appropriate committees of Congress a certification
indicating whether such program would credibly enable, enhance, or
facilitate violations of internet freedom or other human rights abuses
in Vietnam, Indonesia, or Thailand.
(e) Termination.--The pilot program under subsection (a) shall
terminate on December 31, 2024.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' 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. 1257. REPORT ON THE COSTS MOST DIRECTLY ASSOCIATED WITH THE
STATIONING OF THE ARMED FORCES IN JAPAN.
(a) In General.--Not later than February 1, 2021, the Secretary of
State, in consultation with the Secretary of Defense, shall submit to
the appropriate congressional committees a report on the costs most
directly associated with the stationing of United States forces in
Japan that are the subject of the current Special Measures Agreement
negotiations between the United States Government and the Government of
Japan. The report shall include--
(1) a description of each category of costs, including labor,
utilities, training relocation, and any other categories the
Secretary determines appropriate, that are most directly associated
with the stationing of the Armed Forces in Japan;
(2) a detailed description of which of the costs most directly
associated with the stationing of the Armed Forces in Japan are
incurred in Japan and which such costs are incurred outside of
Japan;
(3) a description of each category of contributions made by the
Government of Japan that allay the costs to United States of
stationing the Armed Forces in Japan, as well as the corresponding
description of each category of costs incurred by the United States
Government;
(4) the benefits to United States national security and
regional security derived from the forward presence of the Armed
Forces in Japan;
(5) the impacts 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
(6) any other matters the Secretary determines appropriate.
(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 committee'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1258. 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 90
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) The Secretary has appropriately consulted with allies of
the United States, including South Korea and Japan, regarding such
a reduction.
SEC. 1259. 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-21-104C).
(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) Submission 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. 1260. STATEMENT OF POLICY AND SENSE OF CONGRESS ON THE TAIWAN
RELATIONS ACT.
(a) Statement of Policy.--It is the policy of the United States--
(1) that the Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.) and the Six Assurances provided by the United States
to Taiwan in July 1982 are the foundation for United States-Taiwan
relations;
(2) to fully pursue the deepening of the extensive, close, and
friendly relations of the United States and Taiwan pursuant to the
Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), the
intent of which is to facilitate greater cooperation and the
broadening and deepening of United States-Taiwan relations;
(3) that the Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.) shall be implemented and executed, consistent with
the Six Assurances, to address evolving political, security, and
economic dynamics and circumstances;
(4) that, as set forth in the Taiwan Relations Act (Public Law
96-8; 22 U.S.C. 3301 et seq.), the United States decision to
establish diplomatic relations with the People's Republic of China
rests upon the expectation that the future of Taiwan will be
determined by peaceful means, and that any effort to determine the
future of Taiwan by other than peaceful means, including boycotts
and embargoes, is a threat to the peace and security of the Western
Pacific area and of grave concern to the United States;
(5) that the increasingly coercive and aggressive behavior of
the People's Republic of China towards Taiwan is contrary to the
expectation of the peaceful resolution of the future of Taiwan; and
(6) as set forth in the Taiwan Relations Act (Public Law 96-8;
22 U.S.C. 3301 et seq.), to maintain the capacity 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.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should continue to support the
development of capable, ready, and modern defense forces necessary
for Taiwan to maintain a sufficient self-defense capability,
including by--
(A) supporting acquisition by Taiwan of defense articles
and services through foreign military sales, direct commercial
sales, and industrial cooperation, with an emphasis on
capabilities that support the asymmetric defense strategy of
Taiwan, including anti-ship, coastal defense, anti-armor, air
defense, undersea warfare, advanced command, control,
communications, computers, intelligence, surveillance, and
reconnaissance, and resilient command and control capabilities;
(B) ensuring timely review of and response to requests of
Taiwan for defense articles and services;
(C) conducting practical training and military exercises
with Taiwan that enable Taiwan to maintain a sufficient self-
defense capability;
(D) examining the potential for expanding professional
military education and technical training opportunities in the
United States for military personnel of Taiwan;
(E) increasing exchanges between senior defense officials
and general officers of the United States and Taiwan at the
strategic, policy, and functional levels, consistent with the
Taiwan Travel Act (Public Law 115-135; 132 Stat. 341),
especially for the purposes of--
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military
forces of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan; and
(F) expanding cooperation in humanitarian assistance and
disaster relief;
(2) the Secretary of State should ensure that any policy
guidance related to United States-Taiwan relations is fully
consistent with the statement of policy set forth in subsection
(a);
(3) the Secretary of Defense should ensure that policy guidance
related to United States-Taiwan defense relations is fully
consistent with the statement of policy set forth in subsection
(a); and
(4) the Secretary of State, the Secretary of Defense, and the
heads of other Federal agencies and departments, as appropriate,
should issue new guidance as required to carry out such policy.
SEC. 1260A. ANNUAL BRIEFING ON TAIWAN ARMS SALES.
(a) In General.--Not later than 45 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State,
or his or her designee, shall brief the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House of
Representatives on the United States commitment to supporting Taiwan in
maintaining a sufficient self-defense capability, as required by the
Taiwan Relations Act (22 U.S.C. 3301 et seq.) and affirmed in the Asia
Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note).
(b) Elements.--Each briefing required by subsection (a) shall
include the following:
(1) A description of United States efforts to implement section
209(b) of the Asia Reassurance Initiative Act of 2018 (22 U.S.C.
3301 note) by conducting regular transfers to Taiwan of defense
articles tailored to meet the existing and likely future threats
from the People's Republic of China, including any effort to
support Taiwan in the development and integration into its military
forces of asymmetric capabilities, as appropriate, including
mobile, survivable, and cost-effective capabilities.
(2) A description of the role of such transfers of defense
articles and services in supporting Taiwan in maintaining the
capabilities, readiness levels, and resourcing necessary to fulfill
and implement Taiwan's Overall Defense Concept.
(3) A description of--
(A) United States efforts to conduct a regularized process
for consideration of transfers of defense articles and services
to Taiwan; and
(B) any barriers to conducting such a process.
(c) Sunset.--This section shall cease to have effect on December
31, 2026.
SEC. 1260B. 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 consultation with the Secretary of
Health and Human Services, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
feasibility of establishing a medical security partnership with the
Ministry of Defense of Taiwan that shall include the following:
(1) The goals and objectives of developing a medical security
partnership on issues related to pandemic preparedness and control.
(2) A discussion of current and future plans to cooperate on
medical security activities.
(3) An evaluation of the feasibility of cooperating on a range
of activities under the partnership, including--
(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. 1260C. ESTABLISHMENT OF CAPABILITIES TO ASSESS THE DEFENSE
TECHNOLOGICAL AND INDUSTRIAL BASES OF CHINA AND OTHER FOREIGN
ADVERSARIES.
(a) Assessments.--The Secretary of Defense, in coordination with
the heads of other Federal departments and agencies as appropriate,
shall define intelligence and other information requirements, sources,
and organizational responsibilities for assessing the defense
technological and industrial bases of foreign adversaries and
conducting comparative analyses of such technological and industrial
bases with respect to their resilience and capacity to support their
strategic objectives. The requirements, sources, and responsibilities
shall include--
(1) examining the competitive military advantages of foreign
adversaries, including with respect to regulation, raw materials,
use of energy and other natural resources, education, labor, and
capital accessibility;
(2) assessing relative cost, speed of product development, age
and value of the installed capital base, leadership's technical
competence and agility, nationally-imposed inhibiting conditions by
foreign adversaries, the availability of human and material
resources, and reliance on the industrial base of the United States
or United States allies and partners;
(3) a temporal evaluation of the competitive strengths and
weaknesses of United States industry, including manufacturing surge
capacity, versus the directed priorities and capabilities of
foreign adversary governments; and
(4) assessing any other issues that the Secretary determines
appropriate.
(b) Methodology.--The Secretary of Defense shall incorporate inputs
pursuant to subsection (a) as part of a methodology to continuously
assess domestic and foreign defense industries, markets, and companies
of significance to military and industrial advantage to identify supply
chain vulnerabilities.
(c) Conduct of Assessment Work by Independent Organization.--
(1) Agreement authorized.--The Secretary of Defense is
authorized to enter into an agreement with an independent
organization to carry out some of the assessment work required
under subsections (a) and (b).
(2) Notification.--If the Secretary enters such an agreement,
the Secretary shall, not later than March 15, 2021, provide to the
congressional defense committees a report identifying the
organization and describing the scope of work under the agreement.
(d) Reports.--
(1) Initial report.--Not later than March 15, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report on efforts to establish the continuous
assessment activity required under subsections (a) and (b),
including a notification if the Secretary engages an independent
organization, pursuant to subsection (c), to prepare the report
described in paragraph (2).
(2) Subsequent report.--
(A) In general.--Not later than August 1, 2021, the
Secretary shall submit to the congressional defense committees
a report on the first assessment required under subsections (a)
and (b) with respect to the People's Republic of China.
(B) Elements.--The report required by subparagraph (A)
shall include--
(i) the information described in subsection (a);
(ii) any exclusive or dominant supply of military and
civilian material, raw materials, or other goods (or
components thereof) essential to China's national security
by the United States or United States allies and partners;
and
(iii) the availability of substitutes or alternative
sources for goods identified under clause (ii).
(3) Inclusion of independent organization's assessment work.--
If the Secretary enters into an agreement with an independent
organization under subsection (c), the Secretary shall include the
assessment work carried out by the organization under the agreement
without change, but may include comments with respect to such
assessment work.
SEC. 1260D. EXTENSION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
Section 1202(a) of the National Defense Authorization Act for
Fiscal Year 2000 (10 U.S.C. 113 note) is amended in the first sentence
by striking ``January 31, 2021'' and inserting ``January 31, 2022''.
SEC. 1260E. SENSE OF CONGRESS ON THE AGGRESSION OF THE GOVERNMENT OF
CHINA ALONG THE BORDER WITH INDIA AND ITS GROWING TERRITORIAL CLAIMS.
It is the sense of Congress that--
(1) continued military aggression by the Government of China
along the border with India is a significant concern;
(2) the Government of China should work with the Government of
India toward de-escalating the situation along the Line of Actual
Control through existing diplomatic mechanisms and refrain from
attempting to settle disputes through coercion or force; and
(3) attempts by the Government of China to advance baseless
territorial claims, including those in the South China Sea, the
East China Sea, and with respect to Bhutan, are destabilizing and
inconsistent with international law.
SEC. 1260F. ASSESSMENT OF NATIONAL CYBER STRATEGY TO DETER CHINA FROM
ENGAGING IN INDUSTRIAL ESPIONAGE AND CYBER THEFT.
(a) 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 an assessment of the effectiveness of the
National Cyber Strategy to deter industrial espionage and large-scale
cyber theft of intellectual property and personal information conducted
by the People's Republic of China, People's Republic of China persons
or entities, or persons or entities acting on behalf of the People's
Republic of China against the United States or United States persons.
(b) Matters to Be Included.--The assessment required by subsection
(a) shall include the following:
(1) A discussion of United States interests in preventing such
industrial espionage and cyber theft and the impact on the United
States and its economy from such activities.
(2) A general discussion of--
(A) the criteria used to determine when the United States
Government will seek to deter such industrial espionage and
cyber theft; and
(B) the means by which the United States will seek to deter
such industrial espionage and cyber theft, and demonstrate the
credibility of United States resolve to defend its interests in
cyberspace.
(3) An assessment of China's adherence to previous agreements
related to such industrial espionage and cyber theft with the
United States and applicability of international laws, including
known violations.
(4) An assessment of China's actions to direct proxies,
surrogates, or state-sponsored nongovernmental entities to engage
in such industrial espionage or cyber theft.
(5) Recommendations consistent with a whole-of-government
approach to countering such industrial espionage and cyber theft.
(c) Update.--
(1) In general.--Not later than 1 year after the date of the
submission of the assessment required by subsection (a), and
biennially thereafter, the President shall submit to the
appropriate congressional committees an update of the assessment,
including--
(A) an update on the effectiveness of the National Cyber
Strategy;
(B) a summary of the lessons learned; and
(C) a summary of any planned changes or recommendations to
the effectiveness or implementation of the strategy.
(2) Sunset.--The requirement to submit the update under
paragraph (1) shall terminate on December 31, 2025.
(d) Form.--The assessment required by subsection (a) and the update
required by subsection (c) shall be submitted in unclassified form.
(e) 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, the Committee on Oversight and
Reform, and the Committee on Financial Services of the House of
Representatives; and
(2) the Committee on Foreign Relations, the Committee on Armed
Services, the Select Committee on Intelligence, 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. 1260G. REPORT ON UNITED FRONT WORK DEPARTMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
head of each relevant Federal department and agency, shall submit to
the appropriate congressional committees, an unclassified report, which
may include a classified annex, on the national security risks posed by
the United Front Work Department of the Chinese Communist Party and
affiliated organizations in the United States and abroad that includes
each of the following:
(1) A description of the extent to which the activities of the
United Front Work Department poses a threat to the national defense
and national security of the United States.
(2) An evaluation of how the United Front Work Department's
overseas activities support the Chinese Communist Party's strategy
and goals abroad.
(3) A description of known United Front Work Department
political influence operations.
(4) The strategy and capabilities of the United States
Government to detect, deter, counter, and disrupt United Front Work
Department influence operations and activities in the United States
and other countries, consistent with the protection of the civil
rights, civil liberties, and privacy of all Americans; and
(5) An evaluation of the actions the United States Government
should consider in response to the activities of the United Front
Work Department in the United States and other countries.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on Armed
Services, the Committee on Appropriations, and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on Appropriations, and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 1260H. PUBLIC REPORTING OF CHINESE MILITARY COMPANIES OPERATING IN
THE UNITED STATES.
(a) Determination.--The Secretary of Defense shall identify each
entity the Secretary determines, based on the most recent information
available, is operating directly or indirectly in the United States or
any of its territories and possessions, that is a Chinese military
company.
(b) Reporting and Publication.--
(1) Annual report.--Not later than April 15, 2021, and annually
thereafter until December 31, 2030, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a list of each entity identified pursuant to
subsection (a) to be a Chinese military company, in classified and
unclassified forms, and shall include in such submission, as
applicable, an explanation of any entities deleted from such list
with respect to a prior list.
(2) Concurrent publication.--Concurrent with the submission of
each list described in paragraph (1), the Secretary shall publish
the unclassified portion of such list in the Federal Register.
(3) Ongoing revisions.--The Secretary shall make additions or
deletions to the most recent list submitted under paragraph (1) on
an ongoing basis based on the latest information available.
(c) Consultation.--The Secretary may consult with the head of any
appropriate Federal department or agency in making the determinations
described in 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.--In this section:
(1) Chinese military company.--The term ``Chinese military
company''--
(A) does not include natural persons; and
(B) means an entity that is--
(i)(I) 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 other organization
subordinate to the Central Military Commission of the
Chinese Communist Party; or
(II) identified as a military-civil fusion
contributor to the Chinese defense industrial base; and
(ii) engaged in providing commercial services,
manufacturing, producing, or exporting.
(2) Military-civil fusion contributor.--The term ``military-
civil fusion contributor'' includes any of the following:
(A) Entities knowingly receiving assistance from the
Government of China or the Chinese Communist Party 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 research
partnerships and projects.
(C) Entities receiving assistance, operational direction or
policy guidance from the State Administration for Science,
Technology and Industry for National Defense.
(D) Any entities or subsidiaries defined as a ``defense
enterprise'' by the State Council of the People's Republic of
China.
(E) Entities residing in or affiliated with a military-
civil fusion enterprise zone or receiving assistance from the
Government of China through such enterprise zone.
(F) Entities awarded with receipt of military production
licenses by the Government of China, such as a Weapons and
Equipment Research and Production Unit Classified Qualification
Permit, Weapons and Equipment Research and Production
Certificate, Weapons and Equipment Quality Management System
Certificate, or Equipment Manufacturing Unit Qualification.
(G) Entities that advertise on national, provincial, and
non-governmental military equipment procurement platforms in
the People's Republic of China.
(H) Any other entities the Secretary determines is
appropriate.
(3) People's liberation army.--The term ``People's Liberation
Army'' means the land, naval, and air military services, the
People's Armed Police, the Strategic Support Force, the Rocket
Force, and any other related security element within the Government
of China or the Chinese Communist Party that the Secretary
determines is appropriate.
SEC. 1260I. REPORT ON DIRECTED USE OF FISHING FLEETS.
(a) Report Required.--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 appropriate congressional committees
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.
(b) Appropriate Congressional Committees Defined.--For purposes of
this section, the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives.
Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020
SEC. 1261. SHORT TITLE.
This subtitle may be cited as the ``Sudan Democratic Transition,
Accountability, and Fiscal Transparency Act of 2020''.
SEC. 1262. DEFINITIONS.
Except as otherwise provided, in this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(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 the 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) 5 civilians selected by the Forces of Freedom and
Change;
(B) 5 members selected by the Transitional Military
Council; and
(C) 1 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. 1263. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support a civilian-led political transition in Sudan
that results in a democratic government, which 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) to support the implementation of Sudan's constitutional
charter for the transitional period; and
(3) to 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. 1264. 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 and 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.)--
(1) to 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) to support the organization of free, fair, and credible
elections in Sudan;
(3) to 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) to support human rights and fundamental freedoms in Sudan,
including the freedoms of--
(A) religion or belief;
(B) expression, including for members of the press;
(C) assembly; and
(D) association;
(5) to support measures to improve and increase women's
participation in the political, economic, and social sectors of
Sudan; and
(6) to support other related democracy, good governance, rule
of law, and fundamental freedom programs and activities.
(c) Authorization of Appropriations.--Of the amounts 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. 1265. SUPPORT FOR DEVELOPMENT PROGRAMS.
(a) In General.--Notwithstanding any other provision of law (other
than the Trafficking Victims Protection Act of 2000 and 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.) and
under the Better Utilization of Investments Leading to Development Act
of 2018 (22 U.S.C. 9601 et seq.) for programs in Sudan--
(1) to increase agricultural and livestock productivity;
(2) to promote economic growth, increase private sector
productivity and advance market-based solutions to address
development challenges;
(3) to support women's economic empowerment and economic
opportunities for youth and previously marginalized populations;
(4) to improve equal access to quality basic education;
(5) to support the capacity of universities to equip students
to participate in a pluralistic and global society through virtual
exchange and other programs;
(6) to improve access to water, sanitation, and hygiene
projects;
(7) to 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) to support other related economic assistance programs and
activities.
(b) Authorization of Appropriations.--Of the amounts 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. 1266. SUPPORT FOR CONFLICT MITIGATION.
(a) In General.--Notwithstanding any other provision of law (other
than the Trafficking Victims Protection Act of 2000 and 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.)--
(1) to 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) to 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) to 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) to 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) to 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) to support other related conflict mitigation programs and
activities.
(b) Authorization of Appropriations.--Of the amounts 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. 1267. 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 and 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.)--
(1) to 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) to 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) to build Sudan's judicial capacity to support prosecutions
in domestic courts and support investigations by hybrid or
international courts as appropriate;
(4) to protect witnesses who participate in court proceedings
or other transitional justice mechanisms; and
(5) to support other related conflict mitigation programs and
activities.
(c) Authorization of Appropriations.--Of the amounts 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. 1268. SUSPENSION OF ASSISTANCE.
(a) In General.--The President is authorized to suspend the
provision of assistance authorized under section 1264, 1265, 1266, or
1267 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. 1269. 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, 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 frequently than once 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 regarding 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 Defined.--Notwithstanding
section 1262, in this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) Committee on Foreign Affairs of the House of
Representatives;
(4) the Committee on Appropriations of the House of
Representatives; and
(5) the Committee on Financial Services of the House of
Representatives.
SEC. 1270. 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--
(1) to 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), to work with foreign governments and international
organizations--
(A) to share financial investigations intelligence, as
appropriate;
(B) to oversee and manage the assets identified pursuant to
paragraph (1);
(C) to advance civil forfeiture litigation, as appropriate,
including providing technical assistance to help governments
establish the necessary legal framework to carry out asset
forfeitures; and
(D) to 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. 1270A. 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 1266) 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 Sudanese security forces,
such as of the National Security Act, 2010 and the Armed Forces
Act, 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. 1270B. 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 a report to the
appropriate congressional committees 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 1 year thereafter, the President shall
submit a report to the appropriate congressional committees 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 a report to the appropriate congressional
committees that identifies the 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. 1270C. 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 a strategy to the
appropriate congressional committees 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), including 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 a report to the
appropriate congressional committees 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. 1270D. 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. 1270E. 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. 1701 note) is repealed.
Subtitle H--United States Israel Security Assistance Authorization Act
of 2020
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the ``United States-Israel Security
Assistance Authorization Act of 2020''.
SEC. 1272. SENSE OF CONGRESS ON UNITED STATES-ISRAEL RELATIONSHIP.
It is the sense of Congress that--
(1) the strong and enduring relationship between the United
States and Israel is in the national security interests of both
countries;
(2) the United States should continue to provide assistance to
the Government of Israel for the development and acquisition of the
advanced capabilities that Israel requires to meet its security
needs and to enhance United States capabilities;
(3) such assistance is critical as Israel confronts a number of
security challenges, including continuing threats from Iran;
(4) 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;
and
(5) science and technology innovations present promising new
opportunities for future United States-Israel economic and security
cooperation.
SEC. 1273. SECURITY ASSISTANCE FOR ISRAEL.
Section 513(c) of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 856) is amended--
(1) in paragraph (1), by striking ``2002 and 2003'' and
inserting ``2021, 2022, 2023, 2024, 2025, 2026, 2027, and 2028'';
and
(2) in paragraph (2), by striking ``equal to--'' and all that
follows and inserting ``not less than $3,300,000,000.''.
SEC. 1274. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) Department of Defense Appropriations Act, 2005.--Section
12001(d) of the Department of Defense Appropriations Act, 2005 (Public
Law 108-287; 118 Stat. 1011) is amended by striking ``September 30,
2020'' and inserting ``after September 30, 2025''.
(b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020'' and
inserting ``2021, 2022, 2023, 2024, and 2025''.
SEC. 1275. RULES GOVERNING THE TRANSFER OF PRECISION-GUIDED MUNITIONS
TO ISRAEL ABOVE THE ANNUAL RESTRICTION.
(a) In General.--Notwithstanding section 514(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h(b)), and subject to subsections
(b) and (c) of this section, the President, acting through the
Secretary of Defense and with the concurrence of the Secretary of
State, is authorized to transfer to Israel precision-guided munitions
from reserve stocks, including the War Reserve Stockpile for Allies-
Israel, consistent with--
(1) all other requirements set forth in the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.); and
(2) the requirements set forth in the Arms Export Control Act
(22 U.S.C. 2751 et seq.).
(b) Conditions.--Except in the case of an emergency, as determined
by the President, a transfer under subsection (a) of this section may
only occur if the transfer--
(1) does not affect the ability of the United States to
maintain a sufficient supply of precision-guided munitions to
satisfy United States warfighting requirements;
(2) does not harm the combat readiness of the United States;
(3) does not affect the ability of the United States to meet
its commitments to allies with respect to the transfer of
precision-guided munitions; and
(4) is in the national security interest of the United States.
(c) Certification.--
(1) In general.--Except in the case of an emergency, as
determined by the President, not later than 15 days before making a
transfer under subsection (a) of this section, the Secretary of
Defense, with the concurrence of the Secretary of State, shall
certify to the appropriate congressional committees that the
transfer meets the conditions specified in subsection (b) of this
section.
(2) Emergencies.--In the case of an emergency, as determined by
the President, not later than 5 days after making a transfer under
subsection (a) of this section, the President shall--
(A) certify to the appropriate congressional committees
that the transfer supports the national security interests of
the United States; and
(B) provide to the appropriate committees of Congress an
assessment of the impacts, risks, and mitigation measures with
respect to the matters referred to in paragraphs (1) through
(4) of subsection (b) of this section.
(d) Assessment.--
(1) In general.--The Secretary of Defense shall conduct an
assessment with respect to the following matters:
(A) The current quantity and type of precision-guided
munitions in the stockpile pursuant to section 12001(d) of the
Department of Defense Appropriations Act, 2005 (Public Law 108-
287; 118 Stat. 1011), as amended.
(B) The quantity and type of precision-guided munitions
necessary for Israel to combat Hezbollah and hostile forces
that threaten Israel.
(C) The quantity and type of precision-guided munitions
necessary for Israel in the event of a sustained armed
confrontation with other armed groups and terrorist
organizations.
(D) The current United States inventory of precision-guided
munitions of the type specified in subparagraphs (A), (B), and
(C) and ability of that inventory to meet requirements of
current Operation Plans.
(E) Department of Defense efforts to expand precision-
guided munitions production and stockpiles to meet operational
requirements.
(F) Israel's efforts to expand precision-guided munitions
production and stockpiles to meet operational requirements.
(2) Report.--
(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 appropriate congressional committees a report on
the results of the assessment required by paragraph (1),
including a description of such results with respect to each
matter described in that paragraph.
(B) Form.--The report required by subparagraph (A) shall be
submitted in classified form.
(e) Termination.--The authority of the President to transfer
precision-guided munitions under this section shall terminate on the
date that is three years after the date of the enactment of this Act.
SEC. 1276. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION
EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING REQUIREMENTS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of State shall brief the appropriate congressional
committees by describing the steps taken to include Israel in the list
of countries eligible for the strategic trade authorization exception
under section 740.20(c)(1) of title 15, Code of Federal Regulations, as
required under section 6(b) of the United States-Israel Strategic
Partnership Act of 2014 (Public Law 113-296; 128 Stat. 4076; 22 U.S.C.
8603 note).
SEC. 1277. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MEMORANDA
OF UNDERSTANDING TO ENHANCE COOPERATION WITH ISRAEL.
The Secretary of State, acting through the Administrator of the
United States Agency for International Development, may enter into
memoranda of understanding with Israel to advance common goals on
energy, agriculture, food security, democracy, human rights,
governance, economic growth, trade, education, environment, global
health, water, and sanitation, with a focus on strengthening mutual
ties and cooperation with nations throughout the world.
SEC. 1278. COOPERATIVE PROJECTS AMONG THE UNITED STATES, ISRAEL, AND
DEVELOPING COUNTRIES.
Section 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151d)
is amended by striking subsections (e) and (f) and inserting the
following:
``(e) There is authorized to be appropriated $2,000,000 for fiscal
years 2021 through 2023 to finance cooperative projects among the
United States, Israel, and developing countries that identify and
support local solutions to address sustainability challenges relating
to water resources, agriculture, and energy storage, including--
``(1) establishing public-private partnerships;
``(2) supporting the identification, research, development
testing, and scaling of innovations that focus on populations that
are vulnerable to environmental and resource-scarcity crises, such
as subsistence farming communities;
``(3) seed or transition-to-scale funding;
``(4) clear and appropriate branding and marking of United
States funded assistance, in accordance with section 641; and
``(5) accelerating demonstrations or applications of local
solutions to sustainability challenges, or the further refinement,
testing, or implementation of innovations that have previously
effectively addressed sustainability challenges.''.
SEC. 1279. JOINT COOPERATIVE PROGRAM RELATED TO INNOVATION AND HIGH-
TECH FOR THE MIDDLE EAST REGION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should help foster cooperation in the
Middle East region by financing and, as appropriate, cooperating in
projects related to innovation and advanced technologies; and
(2) projects referred to in paragraph (1) should--
(A) contribute to development and the quality of life in
the Middle East region through the application of research and
advanced technology; and
(B) contribute to Arab-Israeli cooperation by establishing
strong working relationships that last beyond the life of such
projects.
(b) Establishment.--The Secretary of State, acting through the
Administrator of the United States Agency for International
Development, is authorized to seek to establish a program between the
United States and appropriate regional partners to provide for
cooperation in the Middle East region by supporting projects related to
innovation and advanced technologies.
(c) Project Requirements.--Each project carried out under the
program established pursuant to subsection (b)--
(1) shall include the participation of at least one entity from
Israel and one entity from another regional partner; and
(2) shall be conducted in a manner that appropriately protects
sensitive information, intellectual property, the national security
interests of the United States, and the national security interests
of Israel.
SEC. 1280. COOPERATION ON DIRECTED ENERGY CAPABILITIES.
(a) Report.--Not later than March 15, 2021, the Secretary of
Defense, with the concurrence of the Secretary of State, shall submit
to the appropriate congressional committees a report on potential areas
for directed energy cooperation.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of any science and technology effort or
research, development, test, and evaluation effort associated with
directed energy.
(2) A description of activities or efforts recommended for
potential defense cooperation activities associated with directed
energy between the United States and Israel in support of
development of military capabilities of mutual benefit.
(3) A description of any obstacle or challenge associated with
an effort described under paragraph (2) and recommendations to
address such obstacle or challenge.
(4) A description of any authority or authorization of
appropriations required for the execution of efforts described
under paragraph (2).
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may contain a classified annex, as determined
necessary by the Secretary of Defense.
(d) Program Authority.--If recommended as a result of the report
required by subsection (a), the Secretary of Defense, with the
concurrence of the Secretary of State, may establish a program to carry
out research, development, test, and evaluation activities, on a joint
basis with Israel, to promote directed energy capabilities of mutual
benefit to both the United States and Israel that address threats to
the United States, deployed forces of the United States, and Israel.
Any activities carried out under this subsection shall be conducted in
a manner that appropriately protects sensitive information,
intellectual property, the national security interests of the United
States, and the national security interests of Israel. Any such program
shall take into consideration the recommendations of the United States-
Israel Defense Acquisition Advisory Group.
SEC. 1280A. OTHER MATTERS OF COOPERATION.
(a) In General.--Activities authorized under this section shall be
carried out with the concurrence of the Secretary of State and aligned
with the National Security Strategy of the United States, the United
States Government Global Health Security Strategy, the Department of
State Integrated Country Strategies, the USAID Country Development
Cooperation Strategies, and any equivalent or successor plans or
strategies, as necessary and appropriate.
(b) Development of Health Technologies.--
(1) In general.--There is authorized to be appropriated to the
Secretary of Health and Human Services $4,000,000 for fiscal years
2021 through 2023 for a bilateral cooperative program with the
Government of Israel that awards grants for the development of
health technologies, which may include health technologies listed
in paragraph (2), subject to paragraph (3), with an emphasis on
collaboratively advancing the use of technology and personalized
medicine in relation to COVID-19.
(2) Types of health technologies.--The health technologies
described in this paragraph are technologies such as, drugs and
vaccines, ventilators, diagnostic tests, and technologies to
facilitate telemedicine.
(3) Restrictions on funding.--Amounts appropriated pursuant to
paragraph (1) are subject to a matching contribution from the
Government of Israel.
(4) Option for establishing new program.--Amounts appropriated
pursuant to paragraph (1) may be expended for a bilateral program
with the Government of Israel that--
(A) is in existence on the day before the date of the
enactment of this Act for the purposes described in paragraph
(1); or
(B) is established after the date of the enactment of this
Act by the Secretary of Health and Human Services, in
consultation with the Secretary of State, in accordance with
the Agreement between the Government of the United States of
America and the Government of the State of Israel on
Cooperation in Science and Technology for Homeland Security
Matters, done at Jerusalem May 29, 2008 (or a successor
agreement), for the purposes described in paragraph (1).
(5) Public availability.--The Secretary shall require, as a
condition of any grant awarded under this subsection, that all
research publications and results of such research, including basic
and applied research, shall be made publicly available on the
website of the Department of Health and Human Services.
(c) Coordinator of United States-Israel Research and Development.--
(1) In general.--The President may designate the Assistant
Secretary of State for the Bureau of Oceans and International
Environmental and Scientific Affairs, or another appropriate
Department of State official, to act as Coordinator of United
States-Israel Research and Development (referred to in this
subsection as the ``Coordinator'').
(2) Authorities and duties.--The Coordinator, in conjunction
with the heads of relevant Federal Government departments and
agencies and in coordination with the Israel Innovation Authority,
may oversee civilian science and technology programs on a joint
basis with Israel.
(d) Office of Global Policy and Strategy of the Food and Drug
Administration.--
(1) In general.--It is the sense of Congress that the
Commissioner of the Food and Drug Administration should seek to
explore collaboration with Israel through the Office of Global
Policy and Strategy.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Commissioner, acting through the head of
the Office of Global Policy and Strategy, shall submit a report
describing the benefits to the United States and to Israel of
opening an office in Israel for the Office of Global Policy and
Strategy to--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the House of
Representatives.
(e) United States-Israel Energy Center.--There is authorized to be
appropriated to the Secretary of Energy $4,000,000 for fiscal year 2021
to carry out the activities of the United States-Israel Energy Center
established pursuant to section 917(d) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17337(d)).
(f) United States-Israel Binational Industrial Research and
Development Foundation.--It is the sense of Congress that grants to
promote covered energy projects conducted by, or in conjunction with,
the United States-Israel Binational Industrial Research and Development
Foundation should be funded at not less than $2,000,000 annually under
section 917(b) of the Energy Independence and Security Act of 2007 (42
U.S.C. 17337(b)).
(g) United States-Israel Cooperation on Energy, Water, Homeland
Security, Agriculture, and Alternative Fuel Technologies.--Section 7 of
the United States-Israel Strategic Partnership Act of 2014 (22 U.S.C.
8606) is amended by adding at the end the following:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for fiscal year
2021.''.
(h) Annual Policy Dialogue.--It is the sense of Congress that the
Department of Transportation and Israel's Ministry of Transportation
should engage in an annual policy dialogue to implement the 2016
Memorandum of Cooperation signed by the Secretary of Transportation and
the Israeli Minister of Transportation.
(i) Cooperation on Space Exploration and Science Initiatives.--The
Administrator of the National Aeronautics and Space Administration
shall continue to work with the Israel Space Agency to identify and
cooperatively pursue peaceful space exploration and science initiatives
in areas of mutual interest, taking all appropriate measures to protect
sensitive information, intellectual property, trade secrets, and
economic interests of the United States.
(j) Research and Development Cooperation Relating to Desalination
Technology.--Not later than one year after the date of the enactment of
this Act, the Director of the Office of Science and Technology Policy
shall submit a report that describes research and development
cooperation with international partners, such as the State of Israel,
in the area of desalination technology in accordance with section
9(b)(3) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note)
to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Energy and Natural Resources of the
Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Natural Resources of the House of
Representatives.
(k) Research and Treatment of Posttraumatic Stress Disorder.--It is
the sense of Congress that the Secretary of Veterans Affairs should
seek to explore collaboration between the Mental Illness Research,
Education and Clinical Centers of Excellence and Israeli institutions
with expertise in researching and treating posttraumatic stress
disorder.
SEC. 1280B. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives.
Subtitle I--Global Child Thrive Act of 2020
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Global Child Thrive Act of
2020''.
SEC. 1282. 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 outcomes;
(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. 1283. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY.
(a) Authorization of Assistance.--Amounts authorized to be
appropriated or otherwise made available 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 Outcomes 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 seeks to ensure
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, safe 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) Relevant federal departments and agencies.--The term
`relevant 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, and civil society,
including 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 on behalf of the President and
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 outside of family care, including
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; and
``(3) 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 establish and regularly
convene an Interagency Working Group on Children in Adversity which,
among other things, will 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. 1284. 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 Federal 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 Federal
branch agencies and officials''.
SEC. 1285. 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 J--Matters Relating to Africa and the Middle East
SEC. 1291. BRIEFING AND REPORT RELATING TO REDUCTION IN THE TOTAL
NUMBER OF UNITED STATES ARMED FORCES DEPLOYED TO UNITED STATES AFRICA
COMMAND AREA OF RESPONSIBILITY.
(a) Briefing Required.--
(1) In general.--If the Department of Defense reduces the
number of covered United States Armed Forces in fiscal year 2021 to
a number that is below 80 percent of the number deployed as of the
date of the enactment of this Act, the Secretary of Defense shall,
not later than 30 days after the date of such a reduction, provide
a briefing to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives.
(2) Elements.--The briefing required under paragraph (1) shall
include, at a minimum, the following:
(A) A description of the process and associated analysis
that led to the decision to reduce the number of covered United
States Armed Forces.
(B) A description of the anticipated impact of such a
reduction on the ability of the Department of Defense to
achieve its strategic objectives in the AFRICOM AOR,
including--
(i) degrading violent extremist organizations;
(ii) countering the military influence of China and
Russia;
(iii) countering transnational threats;
(iv) maintaining strategic access;
(v) preparing for and responding to crises; and
(vi) strengthening security relationships with United
States allies and partners.
(C) An assessment of the impact of such a reduction on the
ability of the Department of Defense to execute the National
Defense Strategy.
(D) A description of any consultation with the Department
of State or the United States Agency for International
Development with respect to such a reduction and the potential
impact that such a reduction would have on diplomatic,
developmental, or humanitarian efforts in Africa.
(E) A description of any consultation with United States
allies and partners with respect to such a reduction.
(F) Any other matters determined to be relevant by the
Secretary of Defense.
(b) Report Required.--
(1) In general.--Not later than 120 days after the date of a
reduction in the number of covered United States Armed Forces
described in subsection (a)(1), the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report that includes the following:
(A) The average number of covered United States Armed
Forces by month for each of the fiscal years 2019 and 2020.
(B) The anticipated number of covered United States Armed
Forces in 2021.
(C) An assessment of the threat posed by violent extremist
organizations in the AFRICOM AOR and a detailed description of
the Department of Defense's plan to degrade such organizations.
(D) A detailed description of the Department of Defense's
plan to counter the military influence of China and Russia in
the AFRICOM AOR.
(E) A detailed assessment of the anticipated effect that
such a reduction would have on military and intelligence
efforts in the AFRICOM AOR.
(2) 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) AFRICOM aor.--The term ``AFRICOM AOR'' means the United
States Africa Command area of responsibility.
(2) Covered united states armed forces.--The term ``covered
United States Armed Forces''--
(A) means United States Armed Forces that are deployed to
the AFRICOM AOR and under the command authority and operational
control of the Commander of United States Africa Command; but
(B) does not include--
(i) forces deployed in conjunction with other Commands;
(ii) forces participating in joint exercises;
(iii) forces used to assist in emergency situations;
and
(iv) forces designated or assigned for diplomatic or
embassy security.
SEC. 1292. NOTIFICATION WITH RESPECT TO WITHDRAWAL OF MEMBERS OF THE
ARMED FORCES PARTICIPATING IN THE MULTINATIONAL FORCE AND OBSERVERS IN
EGYPT.
(a) In General.--Not later than 30 days before a reduction in the
total number of members of the Armed Forces assigned to participate in
the Multinational Force and Observers in Egypt to fewer than 430 such
members of the Armed Forces, the Secretary of Defense shall submit to
the appropriate committees of Congress a notification that includes the
following:
(1) A detailed accounting of the number of members of the Armed
Forces to be withdrawn from the Multinational Force and Observers
in Egypt and the capabilities that such members of the Armed Forces
provide in support of the mission.
(2) An explanation of national security interests of the United
States served by such a reduction and an assessment of the effect,
if any, such a reduction is expected to have on the security of
United States partners in the region.
(3) A description of consultations by the Secretary with the
other countries that contribute military forces to the
Multinational Force and Observers, including Australia, Canada,
Colombia, the Czech Republic, Fiji, France, Italy, Japan, New
Zealand, Norway, the United Kingdom, and Uruguay, with respect to
the planned force reduction and the results of such consultations.
(4) An assessment of whether other countries, including the
countries that contribute military forces to the Multinational
Force and Observers, will increase their contributions of military
forces to compensate for the capabilities withdrawn by the United
States.
(5) An explanation of--
(A) any anticipated negative impact of such a reduction on
the ability of the Multinational Force and Observers in Egypt
to fulfill its mission of supervising the implementation of the
security provisions of the 1979 Treaty of Peace between Egypt
and Israel and employing best efforts to prevent any violation
of the terms of such treaty; and
(B) the manner in which any such negative impact will be
mitigated.
(6) Any other matter the Secretary considers appropriate.
(b) Form.--The notification required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1293. REPORT ON ENHANCING SECURITY PARTNERSHIPS BETWEEN THE UNITED
STATES AND AFRICAN COUNTRIES.
(a) Report 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 submit to the appropriate
congressional committees a report on the activities and resources
required to enhance security partnerships between the United States
and African countries.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) A description of the Department of Defense's approach
to conducting security cooperation activities in Africa,
including how it identifies and prioritizes its security
partnerships in Africa.
(B) A description of how the Department's security
cooperation activities benefit other Federal departments and
agencies that are operating in Africa.
(C) Recommendations to improve the ability of the
Department to achieve sustainable security benefits from its
security cooperation activities in Africa, which may include--
(i) the establishment of contingency locations;
(ii) small-scale construction conducted in accordance
with existing law; and
(iii) the acquisition of additional training and
equipment by African partners to improve their
organizational, operational, mobility, and sustainment
capabilities.
(D) Recommendations to expand and strengthen partner
capability to conduct security activities, including
traditional activities of the combatant commands, train and
equip opportunities, State partnerships with the National
Guard, and through multilateral activities.
(E) A description of how the following factors may impact
the ability of the Department to strengthen security
partnerships in Africa:
(i) The economic development and stability of African
countries.
(ii) The military, intelligence, diplomatic,
developmental, and humanitarian efforts of China and Russia
on the African continent.
(iii) The ability of the United States, allies, and
partners to combat violent extremist organizations
operating in Africa.
(F) Any other matters the Secretary determines to be
relevant.
(3) Form.--The report required under paragraph (1) may be
submitted in classified form, but shall include an unclassified
summary.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1294. PLAN TO ADDRESS GROSS VIOLATIONS OF HUMAN RIGHTS AND
CIVILIAN HARM IN BURKINA FASO, CHAD, MALI, AND NIGER.
(a) Plan Required.--Not later than 180 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 plan to engage with the Governments of Burkina Faso, Chad,
Mali, and Niger to prevent civilian harm and address allegations of
gross violations of human rights by the security forces of these
countries and non-state armed groups, and ensure accountability for
such violations.
(b) Matters to Be Included.--The plan required by subsection (a)
shall include the following:
(1) A description of planned public and private diplomatic
engagement to support efforts by the Governments of Burkina Faso,
Chad, Mali, and Niger to investigate, prosecute, and sentence any
individual or group against which there are credible allegations of
gross violations of human rights, including by state security
forces and non-state armed groups, and an assessment of the
effectiveness of such engagement.
(2) An identification of United States assistance and programs
to address gross violations of human rights and civilian harm,
improve civil-military relations, and strengthen accountability of
Burkina Faso, Chad, Mali, and Niger through their military justice
systems, including support for building the capacity of provost
marshals.
(3) A description of how such United States assistance and
programs have been used to address gross violations of human
rights, civilian harm, and civil-military relations, and an
assessment of how they can be strengthened to prevent and mitigate
civilian harm.
(4) 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 military operations in the Sahel.
(5) A description of efforts undertaken by the Governments of
Burkina Faso, Chad, Mali, and Niger to prevent and decrease
instances of gross violations of human rights or civilian harm
perpetrated by state security forces or non-state armed groups that
have received material support from or conducted joint
counterterrorism operations with these security forces, and an
assessment of the effectiveness of these efforts.
(6) A description of any confirmed incidents or reports of
civilian harm that may have occurred during United States military
advise, assist, or accompany operations during the preceding
calendar year.
(7) Any other matters that the Secretary considers to be
relevant.
(c) Form.--The plan required by subsection (a) 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 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) Civilian harm.--The term ``civilian harm'' means conflict-
related death, physical injury, loss of property or livelihood, or
interruption of access to essential services.
SEC. 1295. STATEMENT OF POLICY AND REPORT RELATING TO THE CONFLICT IN
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 United
Nations 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
paragraph (1) 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 the Government of Yemen 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 November 2017, including mass
casualty incidents and damage to, or 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 the 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 by paragraph (1) shall be
submitted in unclassified form without any designation relating to
dissemination control, but may contain a classified annex.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(C) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1296. REPORT ON UNITED STATES 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 the following:
(1) A description of all military support, training, and
defense articles and services 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
any required 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, advice, and
assistance provided by the Department of Defense, including the
authorities under which this training was provided, and an
assessment of the extent to which such training has included--
(i) tactics, techniques, or procedures that could be
used to restrict the movement of commercial and
humanitarian shipments or the movement of persons into or
out of Yemen;
(ii) tactics, techniques, and procedures to reduce
civilian casualties and damage to civilian infrastructure;
and
(iii) an emphasis on human rights and the laws of armed
conflict.
(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) have--
(A) affected the movement of persons into or out of Yemen,
the restriction of the movement 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;
(B) contributed to or reduced civilian casualties and
damage to civilian infrastructure in Yemen; and
(C) contributed to or reduced violations of the laws of
armed conflict in Yemen, including any credibly alleged
violations of torture, arbitrary detention, and other gross
violations of internationally recognized human rights by
countries that are members of the Saudi-led coalition in Yemen
and the Republic of Yemen Government.
(3) 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), as of the date of the submission of the report
required by this section.
(4) 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), as of such date of submission.
(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 congressional defense committees;
(2) the Committee on Foreign Relations, the Select Committee on
Intelligence, and the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(3) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on Financial Services
of the House of Representatives.
SEC. 1297. 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 COVID-19 pandemic; and
(3) Kuwait should immediately pay such outstanding amounts owed
to such United States medical institutions.
Subtitle K--Other Matters
SEC. 1299A. PROVISION OF GOODS AND SERVICES AT KWAJALEIN ATOLL,
REPUBLIC OF THE MARSHALL ISLANDS.
(a) In General.--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 at Kwajalein Atoll
``(a) Authority.--(1) Except as provided in paragraph (2), the
Secretary of the Army, with the concurrence of the Secretary of State,
may provide goods and services, including interatoll transportation, to
the Government of the Republic of the Marshall Islands and other
eligible patrons, as determined by the Secretary of the Army, at
Kwajalein Atoll.
``(2) The Secretary of the Army may not provide goods or services
under this section if doing so would be inconsistent, as determined by
the Secretary of State, with the Compact of Free Association between
the Government of the United States and the Government of the Republic
of the Marshall Islands or any subsidiary agreement or implementing
arrangement.
``(b) Reimbursement.--(1) The Secretary of the Army may collect
reimbursement from the Government of the Republic of the Marshall
Islands and eligible patrons for the provision of goods or services
under subsection (a).
``(2) The amount collected for goods or services under this
subsection may not be greater than the total amount of actual costs to
the United States for providing the goods or services.
``(c) Necessary Expenses.--Amounts appropriated to the Department
of the Army may be used for necessary expenses associated with
providing goods and services under this section.
``(d) Regulations.--The Secretary of the Army shall issue
regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7596. Provision of goods and services at Kwajalein Atoll.''.
(c) Briefing.--Not later than December 31, 2021, the Secretary of
the Army shall provide to the congressional defense committees a
briefing on the use of the authority under section 7596(a) of title 10,
United States Code, as added by subsection (a), in fiscal year 2021,
including a written summary describing the goods and services provided
on a reimbursable basis and the goods and services provided on a
nonreimbursable basis.
SEC. 1299B. REPORT ON CONTRIBUTIONS RECEIVED FROM DESIGNATED COUNTRIES.
Section 2350j of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Report on Contributions Received From Designated Countries.--
``(1) In general.--Not later than January 15 each year, the
Secretary of Defense shall submit to the appropriate committees of
Congress a report on the burden sharing contributions received
under this section from designated countries.
``(2) Elements.--Each report required by paragraph (1) shall
include the following for the preceding fiscal year:
``(A) A list of all designated countries from which burden
sharing contributions were received.
``(B) An explanation of the purpose for which each such
burden sharing contribution was provided.
``(C) A description of any written agreement entered into
with a designated country under this section, including the
date on which the agreement was signed.
``(D) For each designated country--
``(i) the amount provided by the designated country;
and
``(ii) the amount of any remaining unobligated balance.
``(E) The amount of such burden sharing contributions
expended, by eligible category, including compensation for
local national employees, military construction projects, and
supplies and services of the Department of Defense.
``(F) Any other matter the Secretary of Defense considers
relevant.
``(3) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress' means--
``(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
``(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.''.
SEC. 1299C. MODIFICATION TO INITIATIVE TO SUPPORT PROTECTION OF
NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER
SECURITY THREATS.
Section 1286 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115-232) is
amended to read as follows:
``SEC. 1286. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY
ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS.
``(a) Initiative Required.--The Secretary of Defense shall, in
consultation with other appropriate government organizations, establish
an initiative to work with institutions of higher education who perform
defense research and engineering activities--
``(1) to support protection of intellectual property,
controlled information, key personnel, and information about
critical technologies relevant to national security;
``(2) to limit undue influence, including through foreign
talent programs, by countries to exploit United States technology
within the Department of Defense research, science and technology,
and innovation enterprise; and
``(3) to support efforts toward development of domestic talent
in relevant scientific and engineering fields.
``(b) Institutions and Organizations.--The initiative required by
subsection (a) shall be developed and executed to the maximum extent
practicable with academic research institutions and other educational
and research organizations.
``(c) Requirements.--The initiative required by subsection (a)
shall include development of the following:
``(1) Information exchange forum and information repositories
to enable awareness of security threats and influence operations
being executed against the United States research, technology, and
innovation enterprise.
``(2) Training developed and delivered in consultation with
institutions of higher education and appropriate Government
agencies, and other support to institutions of higher education, to
promote security and limit undue influence on institutions of
higher education and personnel, including Department of Defense
financial support to carry out such activities, that--
``(A) emphasizes best practices for protection of sensitive
national security information;
``(B) includes the dissemination of unclassified materials
and resources for identifying and protecting against emerging
threats to institutions of higher education, including specific
counterintelligence information and advice developed
specifically for faculty and academic researchers based on
actual identified threats; and
``(C) includes requirements for appropriate senior
officials of institutions of higher education to receive from
appropriate Government agencies updated and periodic briefings
that describe the espionage risks to academic institutions and
associated personnel posed by technical intelligence gathering
activities of near-peer strategic competitors.
``(3) The capacity of Government agencies and institutions of
higher education to assess whether individuals affiliated with
Department of Defense programs have participated in or are
currently participating in foreign talent programs or expert
recruitment programs.
``(4) Opportunities to collaborate with defense researchers and
research organizations in secure facilities to promote protection
of critical information and strengthen defense against foreign
intelligence services.
``(5) Regulations and procedures--
``(A) for Government agencies and academic organizations
and personnel to support the goals of the initiative; and
``(B) that are consistent with policies that protect open
and scientific exchange in fundamental research.
``(6) Policies to limit or prohibit funding provided by the
Department of Defense for institutions or individual researchers
who knowingly violate regulations developed under the initiative,
including regulations relating to foreign talent programs.
``(7) Initiatives to support the transition of the results of
institution of higher education research programs into defense
capabilities.
``(8)(A) A list of academic institutions of the People's
Republic of China, the Russian Federation, and other countries
that--
``(i) have a history of improper technology transfer,
intellectual property theft, or cyber or human espionage;
``(ii) operate under the direction of the military forces
or intelligence agency of the applicable country;
``(iii) are known--
``(I) to recruit foreign individuals for the purpose of
transferring knowledge to advance military or intelligence
efforts; or
``(II) to provide misleading information or otherwise
attempt to conceal the connections of an individual or
institution to a defense or an intelligence agency of the
applicable country; or
``(iv) pose a serious risk of improper technology transfer
of data, technology, or research that is not published or
publicly available.
``(B) The list described in subparagraph (A) shall be developed
and continuously updated in consultation with the Bureau of
Industry and Security of the Department of Commerce, the Director
of National Intelligence, United States institutions of higher
education that conduct significant Department of Defense research
or engineering activities, and other appropriate individuals and
organizations.
``(9)(A) A list, developed and continuously updated in
consultation with the National Academies of Science, Engineering,
and Medicine and the appropriate Government agencies, of foreign
talent programs that pose a threat to the national security
interests of the United States, as determined by the Secretary.
``(B) In developing and updating such list, the Secretary shall
consider--
``(i) the extent to which a foreign talent program--
``(I) poses a threat to research funded by the
Department of Defense; and
``(II) engages in, or facilitates, cyber attacks,
theft, espionage, attempts to gain ownership of or
influence over companies, or otherwise interferes in the
affairs of the United States; and
``(ii) any other factor the Secretary considers
appropriate.
``(d) Procedures for Enhanced Information Sharing.--
``(1) Collection of information.--
``(A) Defense research and development activities.--Not
later than October 1, 2020, for the purpose of maintaining
appropriate security controls over research activities,
technical information, and intellectual property, the
Secretary, in conjunction with appropriate public and private
entities, shall establish streamlined procedures to collect
appropriate information relating to individuals, including
United States citizens and foreign nationals, who participate
in defense research and development activities.
``(B) Fundamental research programs.--With respect to
fundamental research programs, the academic liaison designated
under subsection (g) shall establish policies and procedures to
collect, consistent with the best practices of Government
agencies that fund academic research, appropriate information
relating to individuals who participate in fundamental research
programs.
``(2) Protection from release.--The procedures required by
paragraph (1) shall include procedures to protect such information
from release, consistent with applicable regulations.
``(3) Reporting to government information systems and
repositories.--The procedures required by paragraph (1) may include
procedures developed, in coordination with appropriate public and
private entities, to report such information to existing Government
information systems and repositories.
``(e) Annual Report.--
``(1) In general.--Not later than April 30, 2020, and annually
thereafter, the Secretary, acting through appropriate Government
officials (including the Under Secretary for Research and
Engineering), shall submit to the congressional defense committees
a report on the activities carried out under the initiative
required by subsection (a).
``(2) Contents.--The report required by paragraph (1) shall
include the following:
``(A) A description of the activities conducted and the
progress made under the initiative.
``(B) The findings of the Secretary with respect to the
initiative.
``(C) Such recommendations as the Secretary may have for
legislative or administrative action relating to the matters
described in subsection (a), including actions related to
foreign talent programs.
``(D) Identification and discussion of the gaps in legal
authorities that need to be improved to enhance the security of
research institutions of higher education performing defense
research.
``(E) A description of the actions taken by such
institutions to comply with such best practices and guidelines
as may be established by under the initiative.
``(F) Identification of any incident relating to undue
influence to security threats to academic research activities
funded by the Department of Defense, including theft of
property or intellectual property relating to a project funded
by the Department at an institution of higher education.
``(3) Form.--The report submitted under paragraph (1) shall be
submitted in both unclassified and classified formats, as
appropriate.
``(f) Publication of Updated Lists.--
``(1) Submittal to congress.--Not later than January 1, 2021,
and annually thereafter, the Secretary shall submit to the
congressional defense committees the most recently updated lists
described in paragraphs (8) and (9) of subsection (c).
``(2) Form.--Each list submitted under paragraph (1) shall be
submitted in unclassified form but may include a classified annex.
``(3) Public availability.--Each list submitted under paragraph
(1) shall be published on a publicly accessible internet website of
the Department of Defense in a searchable format.
``(4) Intervening submittal and publication.--The Secretary may
submit and publish an updated list described in paragraph (1) more
frequently than required by that paragraph, as the Secretary
considers necessary.
``(g) Designation of Academic Liaison.--
``(1) In general.--Not later than 180 days after the date of
the enactment of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, the Secretary, acting
through the Under Secretary of Defense for Research and
Engineering, shall designate an academic liaison with principal
responsibility for working with the academic and research
communities to protect Department-sponsored academic research of
concern from undue foreign influence and threats.
``(2) Qualification.--The Secretary shall designate an
individual under paragraph (1) who is an official of the Office of
the Under Secretary of Defense for Research and Engineering.
``(3) Duties.--The duties of the academic liaison designated
under paragraph (1) shall be as follows:
``(A) To serve as the liaison of the Department with the
academic and research communities.
``(B) To execute initiatives of the Department related to
the protection of Department-sponsored academic research of
concern from undue foreign influence and threats, including the
initiative required by subsection (a).
``(C) To conduct outreach and education activities for the
academic and research communities on undue foreign influence
and threats to Department-sponsored academic research of
concern.
``(D) To coordinate and align academic security policies
with Department component agencies, the Office of Science and
Technology Policy, the intelligence community, and appropriate
Federal agencies.
``(E) To the extent practicable, to coordinate with the
intelligence community to share, not less frequently than
annually, with the academic and research communities
unclassified information, including counterintelligence
information, on threats from undue foreign influence.
``(F) Any other related responsibility, as determined by
the Secretary in consultation with the Under Secretary of
Defense for Research and Engineering.
``(h) Institution of Higher Education Defined.--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).''.
SEC. 1299D. EXTENSION OF AUTHORIZATION OF NON-CONVENTIONAL ASSISTED
RECOVERY CAPABILITIES.
Subsection (g) of section 943 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4578) is amended by striking ``2021'' and inserting ``2023''.
SEC. 1299E. 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.
(e) Sunset.--The requirement to provide briefings under subsection
(a) shall terminate after the briefing required to be provided by not
later than February 15, 2025.
SEC. 1299F. COUNTERING WHITE IDENTITY TERRORISM GLOBALLY.
(a) Strategy and Coordination.--Not later than six 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 three 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 paragraph (1)
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 paragraph 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 one year after the
date on which the Secretary of State enters into a contract
pursuant to paragraph (1), 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. 1299G. REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE WITH
RESPECT TO DENYING THE STRATEGIC GOALS OF A COMPETITOR AGAINST A
COVERED DEFENSE PARTNER.
(a) Report on Progress of the Department of Defense With Respect To
Denying the Strategic Goals of a Competitor Against a Covered Defense
Partner.--
(1) In general.--Not later than April 30, 2021, and annually
thereafter for 5 years, 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 strategic goals of a competitor against a covered
defense partner.
(2) Matters to be included.--Each report required by 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 strategic
goals of a 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 explained pursuant to
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 combined joint 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
combined joint 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 combined joint 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
combined joint operations to achieve such objectives.
(C) An assessment of options for deterring limited use of
nuclear weapons by a competitor in the Indo-Pacific region
without undermining the ability of the United States Armed
Forces to maintain deterrence against other competitors or
adversaries.
(D) An assessment of a competitor theory of victory for
invading and unifying a covered defense partner with such
competitor by military force.
(E) A description of the military objectives a competitor
would need to achieve strategic goals.
(F) A description of the military missions a strategic
competitor would need to achieve strategic goals, including--
(i) blockade and bombing operations;
(ii) amphibious landing operations; or
(iii) combat operations.
(G) An assessment of competing demands on a competitor's
resources and how such demands impact such competitor's ability
to achieve strategic goals.
(H) An assessment of the self-defense capabilities of
covered defense partners 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 required by paragraph (1) shall be
submitted in classified form but may include an unclassified
executive summary.
(b) Definitions.--In this section:
(1) The term ``competitor'' means a country identified 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.
(2) The term ``covered defense partner'' means a partner
identified in the ``Department of Defense Indo-Pacific Strategy
Report'' issued on June 1, 2019, that is located within 100 miles
off the coast of a strategic competitor.
(3) The term ``strategic goals'' means, with respect to a
competitor, a strategy designed to allow the competitor to rapidly
use military force to effectively control the territory of a
covered defense partner before the United States Armed Forces are
able to respond.
SEC. 1299H. COMPARATIVE STUDIES ON DEFENSE BUDGET TRANSPARENCY OF THE
PEOPLE'S REPUBLIC OF CHINA, THE RUSSIAN FEDERATION, AND THE UNITED
STATES.
(a) Studies Required.--
(1) Department of defense study.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of Defense
shall complete a comparative study on the defense budgets of the
People's Republic of China, the Russian Federation, and the United
States.
(2) Independent study.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall offer to enter
into an agreement with an entity independent of the Department
of Defense to conduct a comparative study on the defense
budgets of the People's Republic of China, the Russian
Federation, and the United States, to be completed not later
than 270 days after the date on which the offer to enter into
the agreement is made.
(B) Federally funded research and development center.--The
entity described in subparagraph (A) shall be a federally
funded research and development center.
(3) Goal.--The goal of the studies required by paragraphs (1)
and (2) shall be to develop a methodologically sound set of
assumptions to underpin a comparison of the defense spending of the
People's Republic of China, the Russian Federation, and the United
States.
(b) Elements.--
(1) In general.--Each study required by subsection (a) shall do
the following:
(A) Determine the amounts invested by each subject country
across functional categories for spending, including--
(i) defense-related research and development;
(ii) weapons procurement from domestic and foreign
sources;
(iii) operations and maintenance;
(iv) pay and benefits; and
(v) military pensions.
(B) Consider the effects of purchasing power parity and
market exchange rates, particularly on nontraded goods.
(C) Consider differences in the relative prices and quality
of goods within each subject country.
(D) Compare the quality of labor and benefits for the
defense workforce of each subject country.
(E) Account for discrepancies in the manner in which each
subject country accounts for certain functional types of
defense-related spending.
(F) Explicitly estimate the magnitude of omitted spending
from official defense budget information.
(G) Describe direct, indirect, and burden-sharing
contributions made by host countries to each subject country,
including contributions for--
(i) labor costs;
(ii) military construction projects;
(iii) labor, utilities, facilities, and costs omitted;
(iv) costs associated with training and operations; and
(v) any other purpose the Secretary considers
appropriate.
(H) Analyze the budget impact of geographical
considerations and forward-deployed forces.
(I) Exclude spending related to veterans' benefits.
(2) Additional element for independent study.--In addition to
the elements described in paragraph (1), the independent study
required by subsection (a)(2) shall analyze best practices for
quantifying and evaluating the comparative military expenditures of
each subject country for defense-related databases and research.
(c) Considerations.--The studies required by subsection (a) may
take into consideration the following:
(1) The effects of state-owned enterprises on the defense
expenditures of the People's Republic of China and the Russian
Federation.
(2) The role of differing acquisition policies and structures
with respect to the defense expenditures of each subject country.
(3) Any other matter relevant to evaluating the resources
dedicated to the defense spending or the various military-related
outlays of the People's Republic of China and the Russian
Federation.
(d) Reports.--
(1) In general.--Not later than 60 days after the date on which
each study required by subsection (a) is completed, the Secretary
shall submit to the appropriate committees of Congress a report on
the results of the applicable study, together with the views of the
Secretary on such study.
(2) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Foreign Affairs, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1299I. ASSESSMENT OF WEAPONS OF MASS DESTRUCTION TERRORISM.
(a) Assessment.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State and the Secretary of Energy, shall enter into an
arrangement with the National Academy of Sciences--
(1) to conduct an assessment of strategies of the United States
for preventing, countering, and responding to nuclear, biological,
and chemical terrorism; and
(2) to make recommendations to improve such strategies.
(b) Matters to Be Included.--The assessment and recommendations
required by subsection (a) shall address the adequacy of strategies
described in such subsection and identify technical, policy, and
resource gaps with respect to--
(1) identifying national and international nuclear, biological,
and chemical risks, and critical emerging threats;
(2) 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;
(3) countering efforts by state-sponsored and non-state actors
to carry out such attacks;
(4) responding to nuclear, biological, and chemical terrorism
incidents to attribute their origin and help manage their
consequences;
(5) budgets likely to be required to implement effectively such
strategies; and
(6) other important matters that are directly relevant to such
strategies.
(c) Report.--
(1) In general.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report that contains the
assessment and recommendations required by subsection (a).
(2) Form.--The report required by this subsection shall be
submitted in unclassified form, but may contain a classified annex.
(d) 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. 1299J. REVIEW OF DEPARTMENT OF DEFENSE COMPLIANCE WITH
``PRINCIPLES RELATED TO THE PROTECTION OF MEDICAL CARE PROVIDED BY
IMPARTIAL HUMANITARIAN ORGANIZATIONS DURING ARMED CONFLICTS''.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives any available results of the
review requested on October 3, 2016, by the Secretary of Defense 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''.
(b) Additional Requirement.--The Secretary of Defense shall
continue to ensure that all Department of Defense orders, rules of
engagement, directives, regulations, policies, practices, and
procedures that were reviewed as described in subsection (a), including
any other guidance, training, or standard operating procedures relating
to the protection of health care during armed conflict, are consistent
with the ``Principles Related to the Protection of Medical Care
Provided by Impartial Humanitarian Organizations During Armed
Conflicts''.
SEC. 1299K. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA.
(a) In General.--Prior to the transfer of any vehicles by the
Department of Defense to a joint task force of the Ministry of Defense
or the Ministry of the Interior of Guatemala 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) 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. FUNCTIONAL CENTER FOR SECURITY STUDIES IN IRREGULAR
WARFARE.
(a) Report Required.--
(1) In general.--Not later than 90 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 congressional
defense committees a report that assesses the merits and
feasibility of establishing and administering a Department of
Defense Functional Center for Security Studies in Irregular
Warfare.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the benefits to the United States, and
the allies and partners of the United States, of establishing
such a functional center, including the manner in which the
establishment of such a functional center would enhance and
sustain focus on, and advance knowledge and understanding of,
matters of irregular warfare, including cybersecurity, nonstate
actors, information operations, counterterrorism, stability
operations, and the hybridization of such matters.
(B) A detailed description of the mission and purpose of
such a functional center, including applicable policy guidance
from the Office of the Secretary of Defense.
(C) An analysis of appropriate reporting and liaison
relationships between such a functional center and--
(i) the geographic and functional combatant commands;
(ii) other Department of Defense stakeholders; and
(iii) other government and nongovernment entities and
organizations.
(D) An enumeration and valuation of criteria applicable to
the determination of a suitable location for such a functional
center.
(E) A description of the establishment and operational
costs of such a functional 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 of Defense considers
appropriate.
(F) An evaluation of the existing infrastructure,
resources, and personnel available at military installations,
existing regional centers, interagency facilities, and
universities and other academic and research institutions that
could reduce the costs described in 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 functional center could carry out, including--
(i) core, specialized, and advanced courses;
(ii) planning workshops and structured after-action
reviews or debriefs;
(iii) seminars;
(iv) initiatives on executive development, relationship
building, partnership outreach, and any other matter the
Secretary of Defense considers appropriate; and
(v) focused academic research and studies in support of
Department priorities.
(I) A description of any modification to title 10, United
States Code, or any other provision of law, necessary for the
effective establishment and administration of such a functional
center.
(3) Form.--The report 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 report required by subsection (a), and subject to the
availability of appropriated funds, the Secretary of Defense may
establish and administer a Department of Defense Functional Center
for Security Studies in Irregular Warfare.
(2) Treatment as a regional center for security studies.--A
Department of Defense Functional Center for Security Studies in
Irregular Warfare established under paragraph (1) shall be operated
and administered in the same manner as the Department of Defense
Regional Centers for Security Studies under section 342 of title
10, United States Code, and in accordance with such regulations as
the Secretary of Defense may prescribe.
(3) Limitation.--No other institution or element of the
Department may be designated as a Department of Defense functional
center, except by an Act of Congress.
(4) Location.--The location of a Department of Defense
Functional Center for Security Studies in Irregular Warfare
established under paragraph (1) shall be selected based on an
objective, criteria-driven administrative or competitive award
process.
SEC. 1299M. UNITED STATES-ISRAEL OPERATIONS-TECHNOLOGY COOPERATION
WITHIN THE UNITED STATES-ISRAEL DEFENSE ACQUISITION ADVISORY GROUP.
(a) Requirement.--
(1) In general.--The Secretary of Defense, in consultation with
the Secretary of State, shall take actions within the United
States-Israel Defense Acquisition Advisory Group that may be
necessary--
(A) to systematically evaluate and share potential options
to develop and acquire intelligence-informed military
requirements that directly support warfighting capabilities of
both the Department of Defense and the Ministry of Defense of
Israel; and
(B) to develop, as feasible and advisable, combined United
States-Israel plans to research, develop, procure, and field
weapon systems and military capabilities as quickly and
economically as possible to meet common capability requirements
of the Department and the Ministry of Defense of Israel.
(2) Rule of construction.--Nothing in this subsection shall be
construed as requiring the establishment or termination of any
existing United States defense activity, group, program, or
partnership with Israel.
(b) Bilateral Coordination.--To enhance cooperation and encourage
military-to-military engagement on operations and technology, the
Secretary of Defense, in consultation with other appropriate Cabinet
members, shall take appropriate actions to consult and cooperate with
the Government of Israel on the requirements.
(c) Establishment of Working Group Within the United States-Israel
Defense Acquisition Advisory Group.--The Secretary of Defense, in
consultation with the appropriate heads of other Federal agencies, may
establish, under the United States vice chairman of the United States-
Israel Defense Acquisition Advisory Group, a working group to address
operations and technology matters described in subsection (a)(1).
(d) Reports.--
(1) In general.--Not later than March 15 each year through
2025, the Secretary of Defense, in consultation with the Secretary
of State, shall submit to the appropriate committees of Congress a
report on any actions taken by the Secretary of Defense pursuant to
the requirements in subsection (a)(1).
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A description of any science and technology effort or
research, development, test, and evaluation effort considered,
facilitated, or recommended by the United States-Israel Defense
Acquisition Advisory Group, including any effort that results
in a United States or Israel program of record.
(B) A description of military capabilities the United
States-Israel Defense Acquisition Advisory Group has determined
should be pursued through a defense cooperation effort between
the Government of the United States and the Government of
Israel.
(C) A description of any science and technology effort or
research, development, test, and evaluation effort facilitated
and recommended by the United States-Israel Defense Acquisition
Advisory Group, in support of the development of the military
capabilities referred to in subparagraph (B), including any
effort that results in a United States or Israel program of
record.
(D) A description of any obstacle or challenge associated
with an effort described in subparagraph (B) and the plan of
the United States-Israel Defense Acquisition Advisory Group to
address such obstacle or challenge.
(E) A description of the efforts of the United States-
Israel Defense Acquisition Advisory Group to prevent the
People's Republic of China or the Russian Federation from
obtaining intellectual property or military technology
associated with combined United States and Israel science and
technology efforts and research, development, test, and
evaluation efforts.
(F) A list of potential areas the United States-Israel
Defense Acquisition Advisory Group is considering for
cooperation on defense issues.
(G) A description of any authority or authorization of
appropriations required for the United States-Israel Defense
Acquisition Advisory Group to carry out the purposes described
in subsection (a)(1).
(3) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form and shall include a classified annex
in which the elements required under subparagraphs (B) and (E) of
paragraph (2) and any additional classified information, as
determined by the Secretary of Defense, shall be addressed.
(e) Appropriate Committees of Congress Defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the Senate;
and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1299N. PAYMENT OF PASSPORT FEES FOR CERTAIN INDIVIDUALS.
Subsection (c) of section 452 of title 37, United States Code, is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Passport and visa fees required for foreign travel.''.
SEC. 1299O. 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 in China or Mongolia), due to
the COVID-19 public health emergency;
(2) obtain approval from countries, to the extent 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 any need for anticipated additional appropriations
or new statutory authorities and the 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. 1299P. 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 two 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. 1299Q. UNITED STATES AGENCY FOR GLOBAL MEDIA.
(a) 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.
(b) Standards and Principles.--Section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) is amended--
(1) in subsection (a), by inserting ``, including editorial
independence'' before the semicolon at the end; and
(2) in subsection (b), by inserting ``, including editorial
independence,'' after ``programing''.
(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 annual content reviews of each language
service of Voice of America, The Office of Cuba Broadcasting,
and each grantee network, consisting of a review of at least 10
percent of available unique weekly content from any selected
week from the previous year, which shall be conducted, to the
extent practicable, 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
language service, and the Chief Executive Officer;
``(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."; and
``(C) launch a review, using external, native-language and
regional experts, the results of which are to be reported to
the appropriate congressional committees, if a widespread
pattern of violations of the principles, standards, or
journalistic code of ethics of a language service or grantee
network has been identified.''; and
(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) 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.''.
SEC. 1299R. LEVERAGING INFORMATION ON FOREIGN TRAFFICKERS.
(a) 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.
(b) 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''.
(c) United States Advisory Council on Human Trafficking.--
(1) 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''.
(2) Compensation.--Section 115(f) of the Justice for Victims of
Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is
amended--
(A) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (2), by striking the period at end and
inserting ``; and''; and
(C) 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.''.
(3) 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 paragraph (2).
(d) Timely Provision of Information to the Office to Monitor and
Combat Trafficking in Persons of the Department of State.--
(1) 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).''.
(2) 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).''.
(e) Reports to Congress.--
(1) 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--
(A) 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 subsection (d)(1); and
(B) identifies by country and by United States diplomatic
or 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
subsection (d)(2)).
(2) Annual report.--Beginning with the first annual anti-
trafficking report that is required under subsection (b)(1) of
section 110 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107) to be 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 subsection (d)(2)) during the period covered by each
such annual anti-trafficking report.
(f) Definitions.--In this section:
(1) Location 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.
SEC. 1299S. 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.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
SEC. 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE THREAT
REDUCTION FUNDS.
(a) Funding Allocation.--Of the $360,190,000 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, $11,806,000.
(3) For global nuclear security, $35,852,000.
(4) For cooperative biological engagement, $225,396,000.
(5) For proliferation prevention, $60,064,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $24,148,000.
(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.
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.
Subtitle B--Armed Forces Retirement Home
Sec. 1411. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1412. Expansion of eligibility for residence at the Armed Forces
Retirement Home.
Sec. 1413. Periodic inspections of Armed Forces Retirement Home
facilities by nationally recognized accrediting organization.
Subtitle C--Other Matters
Sec. 1421. 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.
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.
Subtitle B--Armed Forces Retirement Home
SEC. 1411. 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.
SEC. 1412. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED FORCES
RETIREMENT HOME.
(a) Expansion of Eligibility.--Section 1512(a) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 412(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``active'' in the first sentence;
(2) in paragraph (1), by striking ``are 60 years of age or over
and''; and
(3) by adding the following new paragraph:
``(5) Persons who are eligible for retired pay under chapter
1223 of title 10, United States Code, and are--
``(A) eligible for care under section 1710 of title 38,
United States Code;
``(B) enrolled in coverage under chapter 55 of title 10,
United States Code; or
``(C) enrolled in a qualified health plan (as defined in
section 1301(a) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18021(a))) that is acceptable to the Chief
Operating Officer.''.
(b) Parity of Fees and Deductions.--Section 1514(c) of such Act (24
U.S.C. 414(c)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2)(A) The fee shall be fixed as a percentage of the monthly
income and monthly payments (including Federal payments) received by a
resident. The percentage shall be the same for each facility of the
Retirement Home. The Secretary of Defense may make any adjustment in a
percentage that the Secretary determines appropriate.
``(B) The calculation of monthly income and monthly payments under
subparagraph (A) for a resident eligible under section 1512(a)(5) shall
not be less than the retirement pay for equivalent active duty service
as determined by the Chief Operating Officer, except as the Chief
Operating Officer may provide because of the compelling personal
circumstances of such resident.''; and
(2) by adding at the end the following new paragraph:
``(4) The Administrator of each facility of the Retirement Home may
collect a fee upon admission from a resident accepted under section
1512(a)(5) equal to the deductions then in effect under section
1007(i)(1) of title 37, United States Code, for each year of service
computed under chapter 1223 of title 10, United States Code, and shall
deposit such fee in the Armed Forces Retirement Home Trust Fund.''.
(c) Conforming Amendment.--Section 1007(i)(3) of title 37, United
States Code, is amended by striking ``Armed Forces Retirement Home
Board'' and inserting ``Chief Operating Officer of the Armed Forces
Retirement Home''.
SEC. 1413. PERIODIC INSPECTIONS OF ARMED FORCES RETIREMENT HOME
FACILITIES BY NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION.
(a) In General.--Section 1518 of the Armed Forces Retirement Home
Act of 1991 (24 U.S.C. 418) is amended to read as follows:
``SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES.
``(a) Inspections.--The Chief Operating Officer shall request the
inspection of each facility of the Retirement Home by a nationally
recognized civilian accrediting organization in accordance with section
1511(g) on a frequency consistent with the standards of such
organization.
``(b) Availability of Staff and Records.--The Chief Operating
Officer and the Administrator of a facility being inspected under this
section shall make all staff, other personnel, and records of the
facility available to the civilian accrediting organization in a timely
manner for purposes of inspections under this section.
``(c) Reports.--Not later than 60 days after receiving a report on
an inspection from the civilian accrediting organization under this
section, the Chief Operating Officer shall submit to the Secretary of
Defense, the Senior Medical Advisor, and the Advisory Council a report
containing--
``(1) the results of the inspection; and
``(2) a plan to address any recommendations and other matters
set forth in the report.''.
(b) Conforming Amendments.--The Armed Forces Retirement Home Act of
1991 (24 U.S.C. 401 et seq.) is further amended as follows:
(1) In section 1513A(c)(2) (24 U.S.C. 413a(c)(2)), by striking
``(including requirements identified in applicable reports of the
Inspector General of the Department of Defense)''.
(2) In section 1516(b)(3) (24 U.S.C. 416(b)(3))--
(A) by striking ``shall--'' and all that follows through
``provide for'' and inserting ``shall provide for'';
(B) by striking ``; and'' and inserting a period; and
(C) by striking subparagraph (B).
(3) In section 1517(e)(2) (24 U.S.C. 417(e)(2)), by striking
``the Inspector General of the Department of Defense,''.
(c) Clerical Amendment.--The table of contents set forth in section
1501(b) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401
note) is amended by striking the item related to section 1518 and
inserting the following:
``Sec. 1518. Periodic inspection of Retirement Home facilities.''.
Subtitle C--Other Matters
SEC. 1421. 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).
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. 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.
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. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the Department of Defense for overseas contingency operations in
such amounts as may be designated as provided in section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)).
SEC. 1503. 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 the Space Force, and Defense-wide activities, as
specified in the funding table in section 4102.
SEC. 1504. 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. 1505. 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. 1506. 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. 1507. 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. 1508. 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. 1509. 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. 1510. 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 $2,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(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
Interior Affairs 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 under 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 Interior Affairs of the Government of
Afghanistan, as agreed to by both the Government of Afghanistan and
the U.S. Government, 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 under 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 days thereafter during
the period in which the authority provided under 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, with respect to the 90-day period for which the report
is submitted--
(i) a list of any equipment accepted during such period
and treated as stocks of the Department of Defense; and
(ii) copies of any determinations made under paragraph
(2) during such period, as required under paragraph (3).
(d) Security of Afghan Women.--
(1) In general.--Of the funds available to the Department of
Defense for the Afghanistan 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 programs and activities for--
(A) the recruitment, integration, retention, training, and
treatment of women in the Afghan National Defense and Security
Forces; and
(B) the recruitment, training, and contracting of female
security personnel for future elections.
(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 and
the Office of Human Rights, Gender, and Child Rights of the
Ministry of Interior Affairs of the Government 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 Affairs of
the Government 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, remediation, renovation, and
protection of facilities used by women, 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 March 1, 2021, the
Secretary of Defense, in consultation with the 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 an assessment describing--
(A) the progress of the Government of Afghanistan toward
meeting shared security objectives, including specific
milestones achieved since the date on which the assessment
required under section 1520(d)(1) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1716) was submitted; and
(B) the efforts of the Government of Afghanistan to manage,
employ, and sustain the equipment and inventory provided under
subsection (a).
(2) Matters to be included.--The assessment required under
paragraph (1) shall include each of the following:
(A) The progress made by the Government of Afghanistan
toward increased accountability and the reduction of corruption
within the Ministry of Defense and the Ministry of Interior
Affairs of such Government.
(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 successful in--
(i) defending territory, re-taking territory, and
disrupting attacks;
(ii) reducing the use of Aghan National Defense and
Security Forces checkpoints; and
(iii) curtailing the use of Afghan Special Security
Forces for missions that are better suited to general
purpose forces.
(D) The distribution practices of the Afghan National
Defense and Security Forces and whether the Government of
Afghanistan has ensured that supplies, equipment, and weaponry
supplied by the United States are appropriately distributed to,
and employed by, security forces.
(E) 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.
(F) A description of the ability of the Ministry of Defense
and the Ministry of Interior Affairs of the Government of
Afghanistan to manage and account for previously divested
equipment, including a description of any vulnerabilities or
weaknesses of the internal controls of such Ministries and any
plan in place to address shortfalls.
(G) 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 March 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 procured
during such period.
(H) A description of the sustainment and maintenance costs
required during the five-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.
(I) The extent to which the Government of Afghanistan has
adhered to conditions for receiving assistance established in
annual financial commitment letters or any other bilateral
agreements with the United States.
(J) The extent to which the Government of Afghanistan or
the Secretary of Defense has developed a plan to integrate
former Taliban fighters into the Ministry of Defense or the
Ministry of Interior Affairs of the Government of Afghanistan.
(K) Such other factors as the Secretaries consider
appropriate.
(3) Form.--The assessment required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(4) Withholding of assistance for insufficient progress.--
(A) Certification.--Not later than December 31, 2020, the
Secretary of Defense, in coordination with the Secretary of
State and pursuant to the assessment required under paragraph
(1), shall submit to the congressional defense committees a
certification indicating whether the Government of the Islamic
Republic of Afghanistan has made sufficient progress in the
areas described in paragraph (2).
(B) Withholding of funds.--If the Secretary of Defense is
unable to certify under subparagraph (A) that the Government of
Afghanistan has made sufficient progress in the areas described
in paragraph (2), the Secretary of Defense shall--
(i) withhold from expenditure and obligation an amount
that is not less than 5 percent and not more than 15
percent of the amounts made available for assistance for
the Afghan National Defense and Security Forces for fiscal
year 2021 until the date on which the Secretary is able to
so certify; and
(ii) notify the congressional defense committees not
later than 30 days before withholding such funds and
indicate each specific area of insufficient progress.
(C) Waiver.--If the Secretary of Defense determines that
withholding assistance under this paragraph would impede the
national security objectives of the United States by
prohibiting, restricting, delaying, or otherwise limiting the
provision of assistance to the Afghan National Defense and
Security Forces for fiscal year 2021, the Secretary may waive
the withholding requirement under subparagraph (B) 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 the Government of Afghanistan, including the Afghan
National Defense and Security Forces, the Ministry of Defense, or
the Ministry of Interior Affairs of such Government.
(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) If the amount described in paragraph (2) exceeds the amount
described in paragraph (1)--
(A) an explanation as to why the amount described in
paragraph (2) is greater; and
(B) a detailed description of the specific entities and
purposes that were supported by such increase.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Space Development Agency development requirements and
transfer to Space Force.
Sec. 1602. Personnel management authority for Space Development Agency
for experts in science and engineering.
Sec. 1603. Requirement to buy certain satellite component from national
technology and industrial base.
Sec. 1604. Conforming amendments relating to reestablishment of Space
Command.
Sec. 1605. Clarification of authority for procurement of commercial
satellite communications services.
Sec. 1606. National Security Space Launch program.
Sec. 1607. Commercial space domain awareness capabilities.
Sec. 1608. Policy to ensure launch of small-class payloads.
Sec. 1609. Tactically responsive space launch operations.
Sec. 1610. Limitation on availability of funds for prototype program for
multi-global navigation satellite system receiver development.
Sec. 1611. Resilient and survivable positioning, navigation, and timing
capabilities.
Sec. 1612. Leveraging commercial satellite remote sensing.
Sec. 1613. Strategy to strengthen civil and national security
capabilities and operations in space.
Sec. 1614. Report and strategy on space competition with China.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Safety of navigation mission of the National Geospatial-
Intelligence Agency.
Sec. 1622. National Academies Climate Security Roundtable.
Sec. 1623. Efficient use of sensitive compartmented information
facilities.
Subtitle C--Nuclear Forces
Sec. 1631. Semiannual updates on meetings held by Nuclear Weapons
Council; limitation on availability of funds relating to such
updates.
Sec. 1632. Role of Nuclear Weapons Council with respect to performance
requirements and budget for nuclear weapons programs.
Sec. 1633. Modification of Government Accountability Office review of
annual reports on nuclear weapons enterprise.
Sec. 1634. Independent study on nuclear weapons programs of certain
foreign countries.
Sec. 1635. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Subtitle D--Missile Defense Programs
Sec. 1641. Alignment of the Missile Defense Agency within the Department
of Defense.
Sec. 1642. Extension of prohibition relating to missile defense
information and systems.
Sec. 1643. Extension of transition of ballistic missile defense programs
to military departments.
Sec. 1644. Extension of requirement for Comptroller General review and
assessment of missile defense acquisition programs.
Sec. 1645. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1646. Ground-based midcourse defense interim capability.
Sec. 1647. Next generation interceptors.
Sec. 1648. Report on and limitation on availability of funds for layered
homeland missile defense system.
Sec. 1649. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1650. Report on defense of Guam from integrated air and missile
threats.
Sec. 1651. Reports on cruise missile defense and North Warning System.
Subtitle E--Matters Relating to Certain Commercial Terrestrial
Operations
Sec. 1661. Prohibition on availability of funds for certain purposes
relating to the Global Positioning System.
Sec. 1662. Limitation on awarding contracts to entities operating
commercial terrestrial communication networks that cause
harmful interference with the Global Positioning System.
Sec. 1663. Independent technical review of Federal Communications
Commission Order 20-48.
Sec. 1664. Estimate of damages from Federal Communications Commission
Order 20-48.
Subtitle F--Other Matters
Sec. 1671. Conventional prompt strike.
Sec. 1672. Limitation on availability of funds relating to reports on
missile systems and arms control treaties.
Sec. 1673. Submission of reports under Missile Defense Review and
Nuclear Posture Review.
Subtitle A--Space Activities
SEC. 1601. SPACE DEVELOPMENT AGENCY DEVELOPMENT REQUIREMENTS AND
TRANSFER TO SPACE FORCE.
(a) In General.--Chapter 908 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9084. Space Development Agency
``(a) In General.--(1) There is a Space Development Agency of the
Department of Defense (in this section referred to as the `Agency').
The Director of the Space Development Agency shall be the head of the
Agency.
``(2) Effective on October 1, 2022--
``(A) the Agency shall be an element of the Space Force; and
``(B) the Director shall report--
``(i) pursuant to section 9016(b)(6)(B)(iv)(III) of this
title, to the Assistant Secretary of the Air Force for Space
Acquisition and Integration with respect to acquisition
decisions; and
``(ii) directly to the Chief of Space Operations with
respect to requirements decisions, personnel decisions, and any
other matter not covered by clause (i).
``(b) Development and Integration Authorities.--The Director shall
lead--
``(1) the development and demonstration of a resilient military
space-based sensing, tracking, and data transport architecture that
uses proliferated low-Earth orbit systems and services;
``(2) the integration of next-generation space capabilities,
such as novel sensors (including with respect to alternate
navigation, and autonomous battle management features), and sensor
and tracking components (including a hypersonic and ballistic
missile tracking space sensor payload pursuant to section 1645 of
the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021), into the architecture specified in paragraph
(1) to address the requirements and needs of the armed forces and
combatant commands for such capabilities;
``(3) the procurement of commercial capabilities and services,
including--
``(A) options for integrating payloads on commercial buses
and spacecraft into existing commercial architectures; and
``(B) innovative commercial capabilities and services, such
as on-orbit servicing or in-space transportation systems, that
could extend the life of space systems, rapidly respond to
threats, or contribute to resilience; and
``(4) the rapid introduction, acquisition, and iteration of
cost-effective, resilient solutions that leverage planned and
existing commercial low-Earth orbit capabilities or innovative
capabilities.
``(c) Budget Materials and Program Elements.--Beginning not later
than with respect to fiscal year 2023 and each fiscal year thereafter--
``(1) in the budget justification materials submitted to
Congress in support of the Department of Defense budget for a
fiscal year (as submitted with the budget of the President under
section 1105(a) of title 31), the amount requested for the
activities of the Agency shall be separate from the other
activities of the Space Force; and
``(2) the Secretary of Defense shall ensure that the programs
of the Agency are assigned program elements different from other
program elements of the Space Force.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
9083 the following new item:
``9084. Space Development Agency.''.
(c) Conforming Amendment.--Section 9016(b)(6)(B)(iv)(III) of such
title is amended by inserting before the period at the end the
following: ``with respect to acquisition decisions''.
(d) Transition.--
(1) Transfer.--Effective on October 1, 2022, the Secretary of
Defense shall transfer the Space Development Agency from the Office
of the Secretary of Defense to the Space Force.
(2) Funding, duties, responsibilities, and personnel.--Except
as provided by section 9084 of title 10, United States Code, the
transfer under paragraph (1) of the Space Development Agency from
the Office of the Secretary of Defense to the Space Force shall
include the transfer of the funding, duties, responsibilities, and
personnel of the Agency as of the day before the date of the
transfer.
SEC. 1602. 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. The authority to carry out the program under this paragraph
shall terminate on December 31, 2025.''.
(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 3 such positions may be
positions of administration or management of the Agency;''.
SEC. 1603. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
(a) In General.--Section 2534(a) of title 10, United States Code,
as amended by section 845, is further amended by adding at the end the
following new paragraph:
``(5) 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.''.
(b) Certain Exemption.--Paragraph (5) of section 2534(a) of title
10, United States Code, as added by subsection (a) of this section,
shall not apply with respect to programs that have received Milestone A
approval (as defined in section 2431a of such title) before October 1,
2021.
(c) Clarification of Delegation Authority.--Subject to subsection
(i) of section 2534 of title 10, United States Code, the Secretary of
Defense may delegate to a service acquisition executive the authority
to make a waiver under subsection (d) of such section with respect to
the limitation under subsection (a)(5) of such section, as added by
subsection (a) of this section.
SEC. 1604. CONFORMING AMENDMENTS RELATING TO REESTABLISHMENT OF SPACE
COMMAND.
(a) Certifications Regarding Integrated Tactical Warning and Attack
Assessment Mission of the Air Force.--Section 1666(a) of National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 113
Stat. 2617) is amended by striking ``Strategic Command'' and inserting
``Space Command''.
(b) Council on Oversight of the Department of Defense Positioning,
Navigation, and Timing Enterprise.--Section 2279b of title 10, United
States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (7), (8), (9), and (10) as
paragraphs (8), (9), (10), and (11), respectively; and
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The Commander of the United States Space Command.''; and
(2) in subsection (f), by striking ``Strategic Command'' each
place it appears and inserting ``Space Command''.
(c) Joint Interagency Combined Space Operations Center.--Section
605(e) of the Intelligence Authorization Act for Fiscal Year 2017
(Public Law 115-31; 131 Stat. 832; 10 U.S.C. 2271 note) is amended--
(1) in the subsection heading, by striking ``Joint Interagency
Combined Space Operations Center'' and inserting ``National Space
Defense Center'';
(2) by striking ``Strategic Command'' each place it appears and
inserting ``Space Command''; and
(3) by striking ``Joint Interagency Combined Space Operations
Center'' each place it appears and inserting ``National Space
Defense Center''.
(d) National Security Space Satellite Reporting Policy.--Section
2278(a) of title 10, United States Code, is amended by striking
``Strategic Command'' and inserting ``Space Command''.
(e) Space-based Infrared System and Advanced Extremely High
Frequency Program.--Section 1612(a)(1) of the National Defense
Authorization Act for 2017 (Public Law 114-328; 130 Stat. 2590) is
amended by striking ``Strategic Command'' and inserting ``Space
Command''.
SEC. 1605. CLARIFICATION OF AUTHORITY FOR PROCUREMENT OF COMMERCIAL
SATELLITE COMMUNICATIONS SERVICES.
Section 957(c) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 9016 note) is amended by adding
at the end the following new paragraph:
``(4) Commercial satellite communications services.--
``(A) Authority.--Beginning on the date specified in
subparagraph (B), the Service Acquisition Executive for Space
Systems and Programs shall be responsible for the procurement
of commercial satellite communications services for the
Department of Defense.
``(B) Date specified.--The date specified in this
subparagraph is the date that is 120 days after the date on
which the Service Acquisition Executive for Space Systems and
Programs submits to the congressional defense committees a plan
for delegating the authority under subparagraph (A) to a
subordinate acquisition command within the Space Force.
``(C) Responsibility during interim period.--During the
period preceding the date specified in subparagraph (B), the
Chief of Space Operations shall be responsible for the
procurement of commercial satellite communications services for
the Department of Defense.''.
SEC. 1606. NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) Launch Services Agreement.--
(1) Limitation on amounts.--Except as provided by paragraph
(2), in carrying out the phase two acquisition strategy, the
Secretary of the Air Force may not obligate or expend a total
amount for a launch services agreement that is greater than the
amount specifically appropriated for the launch services agreement.
(2) Use of reprogramming and transfer authority.--The Secretary
may exceed the limitation under paragraph (1) if the Secretary
carries out a reprogramming or transfer for such purpose in
accordance with established procedures for reprogrammings or
transfers, including with respect to presenting a request for a
reprogramming of funds.
(b) Reusability.--
(1) Validation.--Not later than 18 months after the date on
which the Secretary determines the down-selected National Security
Space Launch providers, the Secretary shall--
(A) complete 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; and
(B) notify the appropriate congressional committees that
such design validation has been completed.
(2) Report.--Not later than 210 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 and Strategy for Technology Development for
Certification, Infrastructure, and Innovation.--
(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 agreements described in paragraph
(3) with potential phase three 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,
including innovative technologies and systems to further
advance launch capability associated with the insertion of
national security payloads into relevant classes of orbits.
(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 plan to submit bids
for a phase three contract.
(3) Agreements.--An agreement described in this paragraph is an
agreement that could provide value or technical advances to phase
three of the National Security Space Launch program and that
includes not more than $90,000,000 in fiscal year 2021, subject to
the availability of appropriations for such purpose, for the
provider to conduct either or both of the following activities:
(A) Develop enabling technologies to meet the certification
and infrastructure requirements that are--
(i) unique to national security space missions; and
(ii) support the likely requirements of 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, technologies to support progress toward phase
three national security space launches, or technologies to
inform the National Security Launch Architecture study of the
Space Force).
(4) Technology development investment strategy.--Not later than
March 15, 2021, the Secretary shall submit to the appropriate
congressional committees a strategy to support investments in
technologies for phase three pursuant to paragraph (1) that
includes--
(A) the funding requirements for such strategy during
fiscal years 2022 through 2026;
(B) a schedule for investments toward phase three;
(C) associated milestones; and
(D) a planned schedule for awarding phase three contracts.
(5) 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 which enabling technologies are funded under
such agreement.
(d) Briefing.--Not later than March 15, 2021, and quarterly
thereafter through September 30, 2023, 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 Space 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. 1607. 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 Office of
the Secretary of the Air Force, 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. 1608. 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, including small launch systems and small
satellite rideshare opportunities;
(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 to 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.
SEC. 1609. 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. 1610. 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 the Office of the Secretary of
the Air Force, 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. 1611. RESILIENT AND SURVIVABLE POSITIONING, NAVIGATION, AND TIMING
CAPABILITIES.
(a) In General.--Not later than two years after the date of the
enactment of this Act, consistent with the timescale applicable to
joint urgent operational needs statements, the Secretary of Defense
shall--
(1) prioritize and rank order the mission elements, platforms,
and weapons systems most critical for the operational plans of the
combatant commands;
(2) mature, test, and produce for such prioritized mission
elements sufficient equipment--
(A) to generate resilient and survivable alternative
positioning, navigation, and timing signals; and
(B) to process resilient survivable data provided by
signals of opportunity and on-board sensor systems; and
(3) integrate and deploy such equipment into the prioritized
operational systems, platforms, and weapons systems.
(b) Plan.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a plan to commence carrying out
subsection (a) in fiscal year 2021.
(2) Reprogramming and budget proposals.--The plan submitted
under paragraph (1) may include any reprogramming or supplemental
budget request the Secretary considers necessary to carry out
subsection (a).
(c) Coordination.--In carrying out this section, the Secretary
shall consult with the National Security Council, the Secretary of
Homeland Security, the Secretary of Transportation, and the head of any
other relevant Federal department or agency to enable civilian and
commercial adoption of technologies and capabilities for resilient and
survivable alternative positioning, navigation, and timing capabilities
to complement the global positioning system.
SEC. 1612. LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING.
(a) In General.--In acquiring geospatial intelligence, the
Secretary of Defense and the Director of National Intelligence, in
coordination with the Director of the National Reconnaissance Office
and the Director of the National Geospatial-Intelligence Agency, shall
leverage, to the extent practicable, the capabilities of the industry
of the United States, including through the use of domestic commercial
geospatial-intelligence services and acquisition of domestic commercial
satellite imagery.
(b) Obtaining Future Geospatial-intelligence Data.--The Director of
the National Reconnaissance Office, as part of an analysis of
alternatives for the future acquisition of space systems, and the
Director of the National Geospatial-Intelligence Agency, as part of an
analysis of alternatives for the future acquisition of analysis tools
for geospatial intelligence, shall each--
(1) consider whether there is a cost-effective domestic
commercial capability or service available that can meet any or all
of the geospatial-intelligence requirements of the Department of
Defense, the intelligence community, or both;
(2) if a cost-effective domestic commercial capability or
service is available as described in paragraph (1)--
(A) give preference to using such domestic commercial
capability or service to meet requirements; and
(B) determine--
(i) whether it is in the national interest to develop a
governmental space system or service for geospatial
intelligence;
(ii) whether such a governmental space system or
service would be duplicative to such a domestic commercial
capability or service; and
(iii) the costs for developing such a governmental
space system or service; and
(3) include, as part of the established acquisition reporting
requirements to the appropriate congressional committees, any
determination made under paragraphs (1) and (2).
(c) Definitions.--In this section:
(1) The term ``acquisition of commercial satellite imagery''
means the acquisition of satellite imagery derived from electro-
optical, infrared, synthetic aperture radar, hyperspectral, and
radio frequency, data.
(2) 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.
(3) The term ``commercial geospatial-intelligence services''
means services including analytic tools, products, or data that can
describe, assess, and visually depict natural or manmade features,
objects, or activities that can be geographically referenced on the
Earth, regardless of collection phenomenology.
(4) 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).
SEC. 1613. STRATEGY TO STRENGTHEN CIVIL AND NATIONAL SECURITY
CAPABILITIES AND OPERATIONS IN SPACE.
(a) 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 a strategy to ensure that the
United States, as appropriate, strengthens civil and national security
capabilities and operations in space. Such strategy shall include--
(1) a 10-year roadmap for the civil space and programs that is
able to leverage commercial gains in space capabilities;
(2) increasing partnerships with allies of the United States;
(3) ensuring a robust and secure supply chain and manufacturing
processes for space capabilities while sustaining a skilled
workforce and leadership capabilities in support of such
activities;
(4) ensuring freedom of navigation of space from potential
adversaries; and
(5) enhancing resilience of civil and national security space
operations.
(b) Submission of Strategy and Plan.--Not later than one 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 (a); and
(2) a plan to implement such strategy.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services of the House of
Representatives;
(2) the Committee on Science, Space, and Technology of the
House of Representatives;
(3) the Committee on Foreign Affairs of the House of
Representatives;
(4) the Committee on Energy and Commerce of the House of
Representatives;
(5) the Permanent Select Committee on Intelligence of the House
of Representatives;
(6) the Committee on Armed Services of the Senate;
(7) the Committee on Foreign Relations of the Senate;
(8) the Committee on Commerce, Science, and Transportation of
the Senate; and
(9) the Select Committee on Intelligence of the Senate.
SEC. 1614. REPORT AND STRATEGY ON SPACE COMPETITION WITH CHINA.
(a) Report.--
(1) In general.--Not later than 18 months after the date of the
enactment of this Act, the National Space Council shall submit to
the appropriate congressional committees an interagency assessment
of the ability of the United States to compete with the space
programs of China.
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A comparative assessment between the United States and
China on--
(i) human exploration and spaceflight capabilities;
(ii) the viability and potential environmental impacts
of extraction of space-based precious minerals, onsite
exploitation of space-based natural resources, and the use
of space-based solar power;
(iii) the strategic interest in and capabilities for
cislunar space; and
(iv) current and future space launch capabilities.
(B) The extent of foreign investment in the commercial
space sector of the United States, including venture capital
and other private equity investments that seek to work with the
Federal Government, and a description of due diligence reviews
of such investments conducted by the Federal Government to
mitigate threats by China.
(C) An assessment of the ability, role, costs, and
authorities of the Department of Defense to mitigate the
threats of commercial communications and navigation in space
from the growing counterspace capabilities of China.
(D) An assessment of how the activities of China are
impacting the national security of the United States with
respect to space, including--
(i) theft of United States intellectual property; and
(ii) efforts by China to seize control of critical
elements of the United States space industry supply chain
and United States space industry companies.
(E) An assessment of efforts by China to pursue cooperative
agreements with other nations to advance space development.
(F) Recommendations to Congress, including recommendations
with respect to any legislative proposals to address threats by
China to the United States national space programs and the
domestic commercial launch and satellite industries.
(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 one year after the date on
which the National Space Council submits the report under
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 China based on the findings of the
report under subsection (a);
(D) leverage commercial space capabilities to ensure the
national security of the United States and the security of the
interests of the United States in space;
(E) protect the supply chains and manufacturing of the
United States critical to competitiveness in space; and
(F) coordinate with international allies and partners in
space.
(2) Form.--The strategy required under paragraph (1) 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 Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Commerce, Science, and
Transportation of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Science, Space, and Technology of the
House of Representatives.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. 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, is 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.'';
(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'';
and
(3) 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, geomatics 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 geomatics
products.''.
(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) Clerical 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) Exchange.--
(1) In general.--Section 454 of title 10, United States Code,
is amended--
(A) in the heading, by striking ``geodetic'' and inserting
``geomatics''; and
(B) by striking ``geodetic'' and inserting ``geomatics''
each place it appears.
(2) Clerical 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 454 and inserting
the following new item:
``454. Exchange of mapping, charting, and geomatics data with foreign
countries, international organizations, nongovernmental
organizations, and academic institutions.''.
(d) Public Availability.--
(1) In general.--Section 455 of title 10, United States Code,
is amended--
(A) in the heading, by striking ``geodetic'' and inserting
``geomatics''; and
(B) by striking ``geodetic'' and inserting ``geomatics''
each place it appears.
(2) Clerical 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 455 and inserting
the following new item:
``455. Maps, charts, and geomatics data: public availability;
exceptions.''.
(e) 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.''.
(f) 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''.
(g) Conforming Amendments.--
(1) In general.--The heading of subchapter II of chapter 22 of
title 10, United States Code, is amended by striking ``GEODETIC''
and inserting ``GEOMATICS''.
(2) Clerical amendment.--The table of subchapters at the
beginning of chapter 22 of title 10, United States Code, is amended
in the matter relating to subchapter II by striking ``Geodetic''
and inserting ``Geomatics''.
SEC. 1622. NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE.
(a) In General.--The Director of National Intelligence, in
coordination with the Under Secretary of Defense for Intelligence and
Security, 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. 1623. EFFICIENT USE OF SENSITIVE COMPARTMENTED INFORMATION
FACILITIES.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence, in consultation with the
Secretary of Defense, shall issue revised guidance authorizing and
directing departments and agencies of the Federal Government and
appropriately cleared contractors of such departments and agencies to
process, store, use, and discuss sensitive compartmented information at
facilities previously approved to handle such information, without need
for further approval by the department or agency or by the site. Such
guidance shall apply to controlled access programs of the intelligence
community and to special access programs of the Department of Defense.
Subtitle C--Nuclear Forces
SEC. 1631. SEMIANNUAL UPDATES ON MEETINGS HELD BY NUCLEAR WEAPONS
COUNCIL; LIMITATION ON AVAILABILITY OF FUNDS RELATING TO SUCH UPDATES.
(a) Semiannual Updates.--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.''.
(b) Limitation on Use of Funds for Failure to Provide Semiannual
Updates in 2021.--
(1) First semiannual update.--If, by February 1, 2021, the
Council has not provided the semiannual update under subsection (g)
of section 179 of title 10, United States Code, as amended by
subsection (a), required by that date, not more than 50 percent of
the funds authorized to be appropriated for fiscal year 2021 for
the Office of the Under Secretary of Defense for Acquisition and
Sustainment for the purposes of operating the Office of the
Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs may be obligated or expended until the
date on which such semiannual update has been provided.
(2) Second semiannual update.--If, by August 1, 2021, the
Council has not provided the semiannual update described in
paragraph (1) required by that date, not more than 90 percent of
the funds authorized to be appropriated for fiscal year 2021 for
the Office of the Under Secretary of Defense for Acquisition and
Sustainment for the purposes of operating the Office of the
Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs may be obligated or expended until the
date on which such semiannual update has been provided.
SEC. 1632. ROLE OF NUCLEAR WEAPONS COUNCIL WITH RESPECT TO PERFORMANCE
REQUIREMENTS AND BUDGET FOR NUCLEAR WEAPONS PROGRAMS.
(a) Modification to Responsibilities of Nuclear Weapons Council.--
Section 179(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (9) through (11) as paragraphs
(10) through (12), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph (9):
``(9) Reviewing proposed capabilities, and establishing and
validating performance requirements (as defined in section 181(h)
of this title), for nuclear warhead programs.''.
(b) Review of Adequacy of Nuclear Weapons Budget.--
(1) In general.--Subtitle A of title XVII of the Atomic Energy
Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at the
end the following new section:
``SEC. 4717. REVIEW OF ADEQUACY OF NUCLEAR WEAPONS BUDGET.
``(a) Review of Adequacy of Administration Budget by Nuclear
Weapons Council.--
``(1) Transmission to council.--The Secretary of Energy shall
transmit to the Nuclear Weapons Council (in this section referred
to as the `Council') a copy of the proposed budget request of the
Administration for each fiscal year before that budget request is
submitted to the Director of the Office of Management and Budget in
relation to the preparation of the budget of the President to be
submitted to Congress under section 1105(a) of title 31, United
States Code.
``(2) Review and determination of adequacy.--
``(A) Review.--The Council shall review each budget request
transmitted to the Council under paragraph (1).
``(B) Determination of adequacy.--
``(i) Inadequate requests.--If the Council determines
that a budget request for a fiscal year transmitted to the
Council under paragraph (1) is inadequate, in whole or in
part, to implement the objectives of the Department of
Defense with respect to nuclear weapons for that fiscal
year, the Council shall submit to the Secretary of Energy a
written description of funding levels and specific
initiatives that would, in the determination of the
Council, make the budget request adequate to implement
those objectives.
``(ii) Adequate requests.--If the Council determines
that a budget request for a fiscal year transmitted to the
Council under paragraph (1) is adequate to implement the
objectives described in clause (i) for that fiscal year,
the Council shall submit to the Secretary of Energy a
written statement confirming the adequacy of the request.
``(iii) Records.--The Council shall maintain a record
of each description submitted under clause (i) and each
statement submitted under clause (ii).
``(3) Department of energy response.--
``(A) In general.--If the Council submits to the Secretary
of Energy a written description under paragraph (2)(B)(i) with
respect to the budget request of the Administration for a
fiscal year, the Secretary shall include as an appendix to the
budget request submitted to the Director of the Office of
Management and Budget--
``(i) the funding levels and initiatives identified in
the description under paragraph (2)(B)(i); and
``(ii) any additional comments the Secretary considers
appropriate.
``(B) Transmission to congress.--The Secretary of Energy
shall transmit to Congress, with the budget justification
materials submitted in support of the Department of Energy
budget for a fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code), a copy of the appendix described in subparagraph (A).
``(b) Review and Certification of Department of Energy Budget by
Nuclear Weapons Council.--
``(1) In general.--At the time the Secretary of Energy submits
the budget request of the Department of Energy for that fiscal year
to the Director of the Office of Management and Budget in relation
to the preparation of the budget of the President, the Secretary
shall transmit a copy of the budget request of the Department to
the Council.
``(2) Certification.--The Council shall--
``(A) review the budget request transmitted to the Council
under paragraph (1);
``(B) based on the review under subparagraph (A), make a
determination with respect to whether the budget request
includes the funding levels and initiatives described in
subsection (a)(2)(B)(i); and
``(C) submit to Congress--
``(i)(I) a certification that the budget request is
adequate to implement the objectives described in
subsection (a)(2)(B)(i); or
``(II) a statement that the budget request is not
adequate to implement those objectives; and
``(ii) a copy of the written description submitted by
the Council to the Secretary under subsection (a)(2)(B)(i),
if any.''.
(2) Clerical amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating
to section 4716 the following new item:
``Sec. 4717. Review of adequacy of nuclear weapons budget.''.
SEC. 1633. MODIFICATION OF GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF
ANNUAL REPORTS ON NUCLEAR WEAPONS ENTERPRISE.
Section 492a(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``review each report'' and
inserting ``periodically review reports submitted''; and
(2) in paragraph (2), by striking ``not later'' and all that
follows through ``submitted,''.
SEC. 1634. INDEPENDENT STUDY ON NUCLEAR WEAPONS PROGRAMS OF CERTAIN
FOREIGN COUNTRIES.
(a) Study.--Not later than March 1, 2021, 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.--The federally funded research and
development center shall submit to the Secretary--
(1) not later than March 1, 2022, the study under subsection
(a); and
(2) not later than March 1, 2023, and March 1, 2024, any
updates to the study.
(d) Submission to Congress.--Not later than 30 days after the date
on which the Secretary receives under subsection (c) the study under
subsection (a) or an update to the study, the Secretary shall submit to
the appropriate congressional committees the study or update, 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
programs of covered foreign countries.
(f) Form.--The study under subsection (a) shall be submitted 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) 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) Covered foreign country.--The term ``covered foreign
country'' means each of the following:
(A) North Korea.
(B) The People's Republic of China.
(C) The Russian Federation.
(D) To the extent applicable, Iran.
(3) Open-source data.--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. 1635. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act for fiscal year 2021
for the Department of Defense may be obligated or expended for the
following, and the Department may not otherwise take any action to do
the following:
(1) Reduce, or prepare to reduce, the responsiveness or alert
level of the intercontinental ballistic missiles of the United
States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
Subtitle D--Missile Defense Programs
SEC. 1641. ALIGNMENT OF THE MISSILE DEFENSE AGENCY WITHIN THE
DEPARTMENT OF DEFENSE.
(a) Repeal of Requirement for Reporting Structure of Missile
Defense Agency.--Section 205 of title 10, United States Code, is
amended to read as follows:
``Sec. 205. Missile Defense Agency
``The Director of the Missile Defense Agency shall be appointed for
a six-year term.''.
(b) Report on Alignment.--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; 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.
(c) Notice and Wait Requirement to Modify Certain DoDI.--The
Secretary of Defense may not modify Department of Defense Directive
5134.09, as in effect on the date of the enactment of this Act,
unless--
(1) the Secretary submits to the congressional defense
committees a final draft of the proposed modified directive, both
in an electronic format and in a hard copy format;
(2) the Secretary provides to such committees a briefing to
describe the modifications made in the proposed modified directive;
and
(3) a period of 60 days has elapsed following the date on which
the Secretary has carried out both paragraphs (1) and (2).
(d) Comptroller General Report.--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 congressional defense committees a
report containing an assessment of whether the Secretary of Defense is
in compliance with section 1688 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1787). Such
assessment shall include an evaluation of--
(1) whether the Secretary has complied with the timelines
required by subsection (b) of such section and whether the
Secretary has carried out the consultation described in paragraph
(1)(A) of such subsection; and
(2) how the changes proposed by the Secretary to the non-
standard acquisition processes and responsibilities described in
paragraph (2) of such subsection will improve or impact the
development of weapon systems and timelines for the delivery of
capabilities to members of the Armed Forces.
SEC. 1642. EXTENSION OF PROHIBITION RELATING TO MISSILE DEFENSE
INFORMATION AND SYSTEMS.
Section 130h(e) of title 10, United States Code, is amended by
striking ``January 1, 2021'' and inserting ``January 1, 2026''.
SEC. 1643. 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. 1644. EXTENSION OF REQUIREMENT FOR COMPTROLLER GENERAL 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'';
(2) in paragraph (2)--
(A) by striking ``through 2021'' and inserting ``through
2026''; and
(B) by striking ``year. Each'' and all that follows through
``appropriate.'' and inserting the following: ``year, which
shall include such findings and recommendations as the
Comptroller General considers appropriate.''; and
(3) by adding at the end the following new paragraph:
``(3) Review of emerging issues.--In carrying out this
subsection, as the Comptroller General determines is warranted, the
Comptroller General shall review emerging issues and, in
consultation with the congressional defense committees, brief such
committees or submit to such committees a report on the findings of
the Comptroller General with respect to such review.''.
SEC. 1645. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING
SPACE SENSOR PAYLOAD.
(a) Development.--The Director of the Missile Defense Agency, in
coordination with the Director of the Space Development Agency and the
Chief of Space Operations, shall develop and procure a hypersonic and
ballistic missile tracking space sensor payload.
(b) Primary Responsibility.--
(1) Assignment.--Not later than 15 days after the date of the
enactment of this Act, the Secretary of Defense shall, without
delegation--
(A) assign the Director of the Missile Defense Agency with
the principal responsibility for the development and
procurement of a hypersonic and ballistic tracking space sensor
payload pursuant to subsection (a) as a component of a
proliferated low-Earth orbit satellite constellation through,
at minimum, fiscal year 2022; and
(B) submit to the congressional defense committees a
certification of such assignment.
(2) Plan for integration.--Not later than May 1, 2021, the
Secretary shall submit to the congressional defense committees a
plan for integrating the hypersonic and ballistic tracking space
sensor payload developed by the Missile Defense Agency pursuant to
subsection (a) into the persistent space-based sensor architecture
of the Space Development Agency and the Space Force. The plan shall
include, at a minimum, options for--
(A) minimizing disruption to the program for such space
sensor payload;
(B) ensuring sufficient funding for such an integration;
(C) maintaining prioritization of unique ballistic and
hypersonic defense requirements for such space sensor payload
through the transition;
(D) ensuring connection of such space sensor payload into
the overall missile defense command and control, battle
management, and communications system; and
(E) addressing any impacts to the development and
deployment of such space sensor payload if responsibility for
the proliferated low-Earth orbit satellite constellation
specified in paragraph (1)(A) is transitioned from the Space
Development Agency to the Space Force prior to the
constellation achieving full operational capability.
(c) Timeline for Testing, Integration, and Deployment.--The
Director, in coordination with the Director of the Space Development
Agency and the Chief of Space Operations, shall--
(1) begin on-orbit testing of the hypersonic and ballistic
tracking space sensor payload developed pursuant to subsection (a)
no later than December 31, 2023; and
(2) begin integration of such sensor payload into the
persistent space-based sensor architecture of the Space Development
Agency and the Space Force pursuant to the plan developed under
subsection (b)(2), and shall achieve full operational deployment of
such sensor payload, as soon as technically feasible thereafter.
(d) Annual Certifications.--On an annual basis until the date on
which the hypersonic and ballistic tracking space sensor payload
developed under subsection (a) achieves full operational capability--
(1) the Under Secretary of Defense (Comptroller) and the
Director of Cost Assessment and Program Evaluation shall jointly
certify to the appropriate congressional committees that 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 persistent space-based sensor architecture of the
Space Development Agency and the Space Force; and
(2) the Vice Chairman of the Joint Chiefs of Staff, acting
through the Joint Requirements Oversight Council, shall certify to
the appropriate congressional committees that both the ballistic
and hypersonic tracking requirements of, and the timeline to
deploy, such space sensor payload have been validated.
(e) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2021 for operation and
maintenance, Defense-wide, for the Office of Secretary of Defense for
travel of persons assigned to the Office of the Under Secretary of
Defense for Research and Engineering, not more than 50 percent may be
obligated or expended until--
(1) the Secretary of Defense submits the certification under
subsection (b)(1)(B);
(2) the Under Secretary of Defense (Comptroller) and the
Director of Cost Assessment and Program Evaluation jointly submit
the first certification under subsection (d)(1); and
(3) the Vice Chairman submits the first certification under
subsection (d)(2).
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(g) Conforming Repeal.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
2431 note) is amended by striking subsection (d).
SEC. 1646. GROUND-BASED MIDCOURSE DEFENSE INTERIM CAPABILITY.
(a) Interim Ground-based Interceptor.--
(1) Development.--Subject to the availability of
appropriations, not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Director of the Missile Defense Agency and in coordination with the
Under Secretary of Defense for Acquisition and Sustainment, the
Under Secretary of Defense for Research and Engineering, the
Commander of the United States Northern Command, and the Commander
of the United States Strategic Command, shall commence carrying out
a program to develop an interim ground-based interceptor capability
that will--
(A) use sound acquisition practices;
(B) address the majority of current and near- to mid-term
projected ballistic missile threats to the United States
homeland from rogue nations;
(C) at minimum, meet the proposed capabilities of the
Redesigned Kill Vehicle program;
(D) leverage existing kill vehicle and booster technology;
and
(E) appropriately balance interceptor performance with
schedule of delivery.
(2) Capabilities and criteria.--The Director shall ensure that
the interim ground-based interceptor developed under paragraph (1)
meets, at a minimum, the following capabilities and criteria:
(A) Vehicle-to-vehicle communications, as applicable.
(B) Vehicle-to-ground communications.
(C) Kill assessment capability.
(D) The ability to counter advanced countermeasures,
decoys, and penetration aids.
(E) Producibility and manufacturability.
(F) Use of technology involving high technology readiness
levels.
(G) Options to integrate the new kill vehicle onto other
missile defense interceptor vehicles other than the ground-
based interceptors of the ground-based midcourse defense
system.
(H) Sound acquisition processes.
(3) Deployment.--The Secretary of Defense, acting through the
Director of the Missile Defense Agency and in coordination with the
Under Secretary of Defense for Acquisition and Sustainment, the
Under Secretary of Defense for Research and Engineering, the
Commander of the United States Northern Command, and the Commander
of the United States Strategic Command, shall--
(A) conduct rigorous flight testing of the interim ground-
based interceptor; and
(B) deliver 20 interim ground-based interceptors by 2026.
(b) Waiver.--
(1) Authority.--The Secretary of Defense may waive the
requirements under paragraphs (1) and (3) of subsection (a) if the
Secretary--
(A) determines that--
(i) the technology development is not technically
feasible;
(ii) the interim capability development is not in the
national security interest of the United States; or
(iii) the interim ground-based interceptor program
under subsection (a)(1) cannot deliver an initial
operational capability at least two years prior to the
fielding of the next-generation interceptor for the ground-
based midcourse defense system; and
(B) submits to the congressional defense committees a
certification that such a waiver is necessary based on the
determination under subparagraph (A), including--
(i) an explanation of the rationale of such
determination;
(ii) an estimate of the ballistic missile threats to
the United States homeland from rogue nations that will not
be defended against until the fielding of the next-
generation interceptor for the ground-based midcourse
defense system; and
(iii) an updated schedule for the development and
deployment of such next-generation interceptor.
(2) Delegation.--The Secretary may not delegate the authority
to carry out paragraph (1) below the level of an Under Secretary of
Defense.
(c) Report on Funding Profile.--Unless the Secretary makes a waiver
under subsection (b), the Director shall include with the budget
justification materials submitted to Congress in support of the budget
of the Department of Defense for fiscal year 2022 (as submitted with
the budget of the President under section 1105(a) of title 31, United
States Code) a report on the funding profile necessary for the interim
ground-based interceptor program to meet the objectives under
subsection (a).
SEC. 1647. NEXT GENERATION INTERCEPTORS.
(a) Notification of Changed Requirements.--During the acquisition
and development process of the next generation interceptor program, not
later than seven 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 design, development, or both,
of 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) Independent Cost Assessment and Validation.--
(1) Assessment.--The Director of Cost Assessment and Program
Evaluation shall--
(A) conduct an independent cost assessment of the next
generation interceptor program; and
(B) make available to the Director of the Missile Defense
Agency, the Under Secretary of Defense for Acquisition and
Sustainment, and the Under Secretary of Defense for Research
and Engineering preliminary findings of the assessment to
inform the award of a contract for the design, development, or
both, of the next generation interceptor.
(2) Validation.--The Under Secretary of Defense for Acquisition
and Sustainment shall validate the preliminary findings of the cost
assessment conducted under paragraph (1) that will be used to
inform the award of a contract for the design, development, or
both, of 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 design,
development, or both, of the next generation interceptor, the
Secretary of Defense shall submit to the congressional defense
committees the preliminary findings of the independent cost
assessment under paragraph (1) and the validation under paragraph
(2).
(d) 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. 1648. REPORT ON AND LIMITATION ON AVAILABILITY OF FUNDS FOR
LAYERED HOMELAND MISSILE DEFENSE SYSTEM.
(a) Report.--
(1) Requirement.--Not later than March 1, 2021, the Secretary
of Defense shall submit to the congressional defense committees a
report on the proposal for a layered homeland missile defense
architecture included in the budget justification materials
submitted to Congress in support of the budget for the Department
of Defense for fiscal year 2021 (as submitted with the budget of
the President for such fiscal year under section 1105(a) of title
31, United States Code).
(2) Elements required.--The report under paragraph (1) shall
include the following:
(A) A description of the requirements for the proposed
layered homeland missile defense architecture that are--
(i) based on an assessment by the intelligence
community of threats to be addressed at the time of
deployment of such a system; and
(ii) validated by the Joint Requirements Oversight
Council.
(B) An assessment of how such requirements addressed by the
proposed layered homeland missile defense architecture relate
to those addressed by the existing ground-based midcourse
defense system, including deployed ground-based interceptors
and planned upgrades to such ground-based interceptors.
(C) An analysis of weapon system and interceptor solutions
to meet such requirements, including the Aegis ballistic
missile defense system, the standard missile-3 block IIA, and
the terminal high altitude area defense system, with the number
of locations required for deployment and the production numbers
of such weapon systems and interceptors.
(D) A description of any improvements needed to the missile
defense system command and control, battle management, and
communications system to support the proposed layered homeland
missile defense architecture.
(E) A description of the sensors required, with respect to
both sensors organic to the weapon systems and the sensors
needed for tracking and discrimination provided through the
command and control, battle management, and communications
system, for the proposed layered homeland missile defense
architecture, including how the cancellation, or indefinite
postponement, of the discrimination radar for homeland defense
planned to be located in Hawaii will impact the ability of such
architecture to defend against current and future missile
threats to Hawaii, with respect to both the capacity and
capability of such architecture.
(F) An assessment of the impact to the flights IIA and III
fielding and posture plans of the Navy for Arleigh Burke class
destroyers if at-sea standard missile-3 block IIA missiles are
required for the proposed layered homeland missile defense
architecture.
(G) A site-specific fielding plan that includes possible
locations, the number and type of interceptors and radars in
each location, and any associated environmental or permitting
considerations, including an assessment of the locations
evaluated pursuant to section 227(b) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1679) for inclusion in the proposed layered homeland
missile defense architecture.
(H) Relevant policy considerations for deployment of such
architecture for defense against intercontinental ballistic
missiles in the continental United States.
(I) A life-cycle cost estimate and detailed development,
testing, production, and deployment schedule for options
involving a land-based standard missile-3 block IIA interceptor
system and the terminal high altitude area defense system,
including required environmental assessments.
(J) A feasibility assessment of the necessary modifications
to the terminal high altitude area defense system to address
such requirements.
(K) An assessment of the industrial base capacity to
support additional production of either a land-based standard
missile-3 block IIA interceptor system or the terminal high
altitude area defense system.
(L) An assessment of the manning, training, and sustainment
needed to operationally support the proposed layered homeland
missile defense architecture.
(3) Consultation.--In preparing the report required under
paragraph (1), the Secretary shall consult with each of the
following:
(A) The Under Secretary of Defense for Policy.
(B) The Under Secretary of Defense for Acquisition and
Sustainment.
(C) The Vice Chairman of the Joint Chiefs of Staff, as the
Chair of the Joint Requirements Oversight Council.
(D) The Commander of the United States Strategic Command.
(E) The Commander of the United States Northern Command.
(F) The Director of the Missile Defense Agency.
(G) The Director of Cost Assessment and Program Evaluation.
(b) Limitation on Use of Funds.--Of the amounts authorized to be
appropriated by this Act or otherwise made available for fiscal year
2021 for the Missile Defense Agency for a layered homeland missile
defense system, not more than 50 percent may be obligated or expended
until the Director of the Missile Defense Agency submits to the
congressional defense committees the report under subsection (a).
(c) 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.
(d) Intelligence Community Defined.--In this section, 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).
SEC. 1649. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2021 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $73,000,000 may be provided to the Government of Israel
to procure components for the Iron Dome short-range rocket defense
system through co-production of such components in the United
States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be available
subject to the terms and conditions in the Agreement Between
the Department of Defense of the United States of America and
the Ministry of Defense of the State of Israel Concerning Iron
Dome Defense System Procurement, signed on March 5, 2014, as
amended to include co-production for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to the
implementation of such agreement; and
(iii) for system improvements resulting in modified
Iron Dome components and Tamir interceptor sub-components,
a certification that the Government of Israel has
demonstrated successful completion of Production Readiness
Reviews, including the validation of production lines, the
verification of component conformance, and the verification
of performance to specification as defined in the Iron Dome
Defense System Procurement Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's Sling
Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2021 for procurement,
Defense-wide, and available for the Missile Defense Agency not more
than $50,000,000 may be provided to the Government of Israel to
procure the David's Sling Weapon System, including for co-
production of parts and components in the United States by United
States industry.
(2) Agreement.--Provision of funds specified in paragraph (1)
shall be subject to the terms and conditions in the bilateral co-
production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States industry
for the David's Sling Weapon System is not less than 50
percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge points,
technical milestones, and production readiness reviews required
by the research, development, and technology agreement and the
bilateral co-production agreement for the David's Sling Weapon
System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier
Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2021 for procurement,
Defense-wide, and available for the Missile Defense Agency not more
than $77,000,000 may be provided to the Government of Israel for
the Arrow 3 Upper Tier Interceptor Program, including for co-
production of parts and components in the United States by United
States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by the
research, development, and technology agreement for the Arrow 3
Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of
co-production of parts and components on the basis of the
greatest practicable co-production of parts, components,
and all-up rounds (if appropriate) by United States
industry and minimizes nonrecurring engineering and
facilitization expenses to the costs needed for co-
production;
(ii) complete transparency on the requirement of Israel
for the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts
and components and procurement;
(iv) a joint affordability working group to consider
cost reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection (b) and
paragraph (2) of subsection (c), the Under Secretary may submit--
(1) one certification covering both the David's Sling Weapon
System and the Arrow 3 Upper Tier Interceptor Program; or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the congressional
defense committees the certification and assessment under subsection
(b)(3) and the certification under subsection (c)(2) no later than 30
days before the funds specified in paragraph (1) of subsections (b) and
(c) for the respective system covered by the certification are provided
to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1650. 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) The Commander of the United States Strategic Command.
(5) The Director of the Joint Integrated Air and Missile
Defense Organization.
(6) 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. 1651. REPORTS ON CRUISE MISSILE DEFENSE AND NORTH WARNING SYSTEM.
(a) Report on Cruise Missile Defense and Status of North Warning
System.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Commander of the United States Northern
Command, in coordination with the Secretary of the Air Force, the
Director of the Missile Defense Agency, and the Director for Force
Structure, Resources, and Assessment of the Joint Staff, shall
submit to the congressional defense committees a report on the on
cruise missile defense of the United States.
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) An identification of any vulnerability of the
contiguous United States to known cruise missile threats.
(B) An assessment of the status of the North Warning
System, including--
(i) a description and assessment of the status and
operational integrity of the infrastructure of the North
Warning System;
(ii) an assessment of the technology currently used by
the North Warning System compared with the technology
considered necessary by the Commander of the North American
Aerospace Defense Command to detect current and anticipated
threats;
(iii) an assessment of the infrastructure and ability
of the Alaska Radar System to integrate into the broader
North Warning System; and
(iv) an assessment of the ability of the North Warning
System to integrate with current and anticipated space-
based sensor platforms.
(b) Report on Plan for Mitigation and Modernization.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Commander of the United States Northern
Command, in coordination with the Secretary of the Air Force, the
Director of the Missile Defense Agency, and the Director for Force
Structure, Resources, and Assessment of the Joint Staff, shall
submit to the congressional defense committees a report setting
forth a plan for--
(A) mitigating vulnerabilities of the contiguous United
States to known cruise missile threats; and
(B) modernizing the capabilities provided by the current
North Warning System.
(2) Elements.--The plan under paragraph (1) shall include the
following:
(A) A plan to mitigate any vulnerability of the contiguous
United States to known cruise missile threats identified in the
report under subsection (a).
(B) A detailed timeline for the modernization of the North
Warning System based on the status of the system as assessed in
the report under subsection (a).
(C) The technological advancements necessary for ground-
based North Warning System sites to address current and
anticipated threats (as specified by the Commander of the North
American Aerospace Defense Command).
(D) An assessment of the number of future North Warning
System sites required in order to address current and
anticipated threats (as so specified).
(E) Any new or complementary technologies required to
accomplish the mission of the North Warning System.
(F) The cost and schedule, by year, of the plan.
Subtitle E--Matters Relating to Certain Commercial Terrestrial
Operations
SEC. 1661. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO THE GLOBAL POSITIONING SYSTEM.
(a) Prohibition.--Except as provided by subsection (b), 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 harmful 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.
(b) 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 harmful interference from such
entity; or
(3) Global Positioning System receiver upgrades needed to
address other resiliency requirements.
SEC. 1662. LIMITATION ON AWARDING CONTRACTS TO ENTITIES OPERATING
COMMERCIAL TERRESTRIAL COMMUNICATION NETWORKS THAT CAUSE HARMFUL
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. 1663. INDEPENDENT TECHNICAL REVIEW OF FEDERAL COMMUNICATIONS
COMMISSION ORDER 20-48.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to enter
into an agreement with the National Academies of Sciences,
Engineering, and Medicine for the National Academies to perform the
services covered by this section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 30 days after
the date of the enactment of this Act.
(b) Independent Technical Review.--
(1) In general.--Under an agreement between the Secretary and
the National Academies under subsection (a), the National Academies
shall carry out an independent technical review of the Order and
Authorization adopted by the Federal Communications Commission on
April 19, 2020 (FCC 20-48), to the extent that such Order and
Authorization affects the devices, operations, or activities of the
Department of Defense.
(2) Elements.--The independent technical review carried out
under paragraph (1) shall include the following:
(A) Comparison of the two different approaches on which the
Commission relied for the Order and Authorization described in
paragraph (1) to evaluate the potential harmful interference
concerns relating to Global Positioning System devices, with a
recommendation on which method most effectively mitigates risks
of harmful interference with Global Positioning System devices
of the Department, or relating to or with the potential to
affect the operations and activities of the Department.
(B) Assessment of the potential for harmful interference to
mobile satellite services, including commercial services and
Global Positioning System services of the Department, or
relating to or with the potential to affect the operations and
activities of the Department.
(C) Review of the feasibility, practicality, and
effectiveness of the proposed mitigation measures relating to,
or with the potential to affect, the devices, operations, or
activities of the Department.
(D) Development of recommendations associated with the
findings of the National Academies in carrying out the
independent technical review.
(E) Such other matters as the National Academies determines
relevant.
(c) Report.--
(1) In general.--Under an agreement between the Secretary and
the National Academies under subsection (a), the National
Academies, not later than 270 days after the date of the execution
of such agreement, shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives a report on the findings of the National Academies
with respect to the independent technical review carried out under
subsection (b) and the recommendations developed pursuant to such
review.
(2) Form.--The report submitted under paragraph (1) shall be
submitted in a publicly releasable and unclassified format, but may
include a classified annex.
SEC. 1664. ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS COMMISSION
ORDER 20-48.
(a) Limitation, Estimate, and Certification.--None of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2021 may be obligated or expended by the Secretary of
Defense to comply with the Order and Authorization adopted by the
Federal Communications Commission on April 19, 2020 (FCC 20-48), until
the Secretary--
(1) submits to the congressional defense committees an estimate
of the extent of covered costs and the range of eligible
reimbursable costs associated with harmful interference resulting
from such Order and Authorization to the Global Positioning System
of the Department of Defense; and
(2) certifies to the congressional defense committees that the
estimate submitted under paragraph (1) is accurate with a high
degree of certainty.
(b) Covered Costs.--For purposes of this section, covered costs
include costs that would be incurred--
(1) to upgrade, repair, or replace potentially affected
receivers of the Federal Government;
(2) to modify, repair, or replace equipment, spares, associated
ancillary equipment, software, facilities, operating manuals,
training, or compliance with regulations, including with regard to
the underlying platform or system in which a capability of the
Global Positioning System is embedded; and
(3) for personnel of the Department to engineer, validate, and
verify that any required remediation provides the Department with
the same operational capability for the affected system prior to
terrestrial operation in the 1525 to 1559 megahertz or 1626.5 to
1660.5 megahertz bands of electromagnetic spectrum.
(c) Range of Eligible Reimbursable Costs.--For purposes of this
section, the range of eligible reimbursable costs includes--
(1) costs associated with engineering, equipment, software,
site acquisition, and construction;
(2) any transaction expense that the Secretary determines is
legitimate and prudent;
(3) costs relating to term-limited Federal civil servant and
contractor staff; and
(4) the costs of research, engineering studies, or other
expenses the Secretary determines reasonably incurred.
Subtitle F--Other Matters
SEC. 1671. CONVENTIONAL PROMPT 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 efforts to integrate such technologies to DDG-
1000 class destroyers during fiscal year 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 and policy processes to
use 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) How escalation risks will be addressed with regards to
the use of strategic hypersonic weapons, including--
(i) whether any risk escalation exercises have been
conducted or are planned for the potential use of
hypersonic weapons; and
(ii) an analysis of the escalation risks posed by
foreign hypersonic systems that are potentially nuclear and
conventional dual-use capable weapons.
(C) The potential target sets for hypersonic weapons
envisioned as of the date of the report and the required
mission planning to support targeting by the United States
Strategic Command and other combatant commands.
(D) Identification of the process for the Department of
Defense to establish targeting and release authority for
conventional prompt strike hypersonic weapons.
(E) A description of how the requirements for land- and
sea-based 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) The required force structures, including necessary
training, simulators, and range use needed by the Armed Forces,
to support employment of such weapons against the classes of
targets that will be held at risk.
(G) With respect to the force structure of the Navy--
(i) whether such weapons should be deployed on both
submarines and surface combatants; and
(ii) the number of such vessels that need to be so
equipped.
(H) 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 long-range hypersonic weapon program of the Army and
the conventional prompt strike program of 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) Independent cost estimate.--Not later than 90 days after
the date on which the budget of the President for fiscal year 2022
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 an
independent cost estimate for the long-range hypersonic weapon
program of the Army and the conventional prompt strike program of
the Navy.
(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 long-range hypersonic weapon program of
the Army and the conventional prompt strike program of 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. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO REPORTS ON
MISSILE SYSTEMS AND ARMS CONTROL TREATIES.
(a) Limitation.--
(1) In general.--Beginning on the date that is 60 days after
the date of the enactment of this Act, if the Secretary of Defense
has not submitted the covered reports, not more than 50 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 this Act or otherwise
made available for fiscal year 2021 for the Office of the Under
Secretary of Defense for Policy.
(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. 1673. 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, assessment, and guidance document produced by
the Department of Defense pursuant to the Missile Defense Review
published in 2019 or during subsequent actions taken to implement
the conclusions of the Review; and
(2) each report, assessment, and guidance document produced by
the Department pursuant to the Nuclear Posture Review published in
2018 or during subsequent actions taken to implement the
conclusions of the Review.
TITLE XVII--CYBERSPACE-RELATED MATTERS
Sec. 1701. Modification of mission of Cyber Command and assignment of
cyber operations forces.
Sec. 1702. Modification of scope of notification requirements for
sensitive military cyber operations.
Sec. 1703. Modification of requirements for quarterly Department of
Defense cyber operations briefings for Congress.
Sec. 1704. Clarification relating to protection from liability of
operationally critical contractors.
Sec. 1705. Strengthening Federal networks; CISA cybersecurity support to
agencies.
Sec. 1706. Improvements relating to the quadrennial cyber posture
review.
Sec. 1707. Modification of authority to use operation and maintenance
funds for cyber operations-peculiar capability development
projects.
Sec. 1708. Personnel management authority for Commander of United States
Cyber Command and development program for offensive cyber
operations.
Sec. 1709. Applicability of reorientation of Big Data Platform program
to Department of Navy.
Sec. 1710. Report on Cyber Institutes program.
Sec. 1711. Modification of acquisition authority of Commander of United
States Cyber Command.
Sec. 1712. Modification of requirements relating to the Strategic
Cybersecurity Program and the evaluation of cyber
vulnerabilities of major weapon systems of the Department of
Defense.
Sec. 1713. Modification of position of Principal Cyber Advisor.
Sec. 1714. Cyberspace Solarium Commission.
Sec. 1715. Establishment in Department of Homeland Security of joint
cyber planning office.
Sec. 1716. Subpoena authority.
Sec. 1717. Cybersecurity State Coordinator.
Sec. 1718. Cybersecurity Advisory Committee.
Sec. 1719. Cybersecurity education and training assistance program.
Sec. 1720. Framework for cyber hunt forward operations.
Sec. 1721. Rationalization and integration of parallel cybersecurity
architectures and operations.
Sec. 1722. Assessing risk to national security of quantum computing.
Sec. 1723. Tailored cyberspace operations organizations.
Sec. 1724. Responsibility for cybersecurity and critical infrastructure
protection of the defense industrial base.
Sec. 1725. Pilot program on remote provision by National Guard to
National Guards of other States of cybersecurity technical
assistance in training, preparation, and response to cyber
incidents.
Sec. 1726. Department of Defense cyber workforce efforts.
Sec. 1727. Reporting requirements for cross domain incidents and
exemptions to policies for information technology.
Sec. 1728. Assessing private-public collaboration in cybersecurity.
Sec. 1729. Cyber capabilities and interoperability of the National
Guard.
Sec. 1730. Evaluation of non-traditional cyber support to the Department
of Defense.
Sec. 1731. Integrated cybersecurity center plan.
Sec. 1732. Assessment of cyber operational planning and deconfliction
policies and processes.
Sec. 1733. Pilot program on cybersecurity capability metrics.
Sec. 1734. Assessment of effect of inconsistent timing and use of
Network Address Translation in Department of Defense networks.
Sec. 1735. Integration of Department of Defense user activity monitoring
and cybersecurity.
Sec. 1736. Defense industrial base cybersecurity sensor architecture
plan.
Sec. 1737. Assessment on defense industrial base participation in a
threat information sharing program.
Sec. 1738. Assistance for small manufacturers in the defense industrial
supply chain on matters relating to cybersecurity.
Sec. 1739. Assessment on defense industrial base cybersecurity threat
hunting program.
Sec. 1740. Defense Digital Service.
Sec. 1741. Matters concerning the College of Information and Cyberspace
and limitation of funding for National Defense University.
Sec. 1742. Department of Defense cyber hygiene and Cybersecurity
Maturity Model Certification framework.
Sec. 1743. Extension of sunset for pilot program on regional
cybersecurity training center for the Army National Guard.
Sec. 1744. National cyber exercises.
Sec. 1745. Cybersecurity and Infrastructure Security Agency review.
Sec. 1746. Report on enabling United States Cyber Command resource
allocation.
Sec. 1747. Ensuring cyber resiliency of nuclear command and control
system.
Sec. 1748. Requirements for review of and limitations on the Joint
Regional Security Stacks activity.
Sec. 1749. Implementation of information operations matters.
Sec. 1750. Report on use of encryption by Department of Defense national
security systems.
Sec. 1751. Guidance and direction on use of direct hiring processes for
artificial intelligence professionals and other data science
and software development personnel.
Sec. 1752. National Cyber Director.
SEC. 1701. MODIFICATION OF MISSION OF CYBER COMMAND AND ASSIGNMENT OF
CYBER OPERATIONS FORCES.
Title 10, United States Code, is amended--
(1) in section 167b--
(A) in subsection (a)--
(i) in the first sentence, by inserting ``(1)'' before
``With the advice'';
(ii) in paragraph (1), as designated by clause (i), by
striking the second sentence; and
(iii) by adding at the end the following new paragraph:
``(2) The principal mission of the Cyber Command is to direct,
synchronize, and coordinate military cyberspace planning and
operations to defend and advance national interests in
collaboration with domestic and international partners.''; and
(B) by amending subsection (b) to read as follows:
``(b) Assignment of Forces.--(1) Active and reserve cyber forces of
the armed forces shall be assigned to the Cyber Command through the
Global Force Management Process, as approved by the Secretary of
Defense.
``(2) Cyber forces not assigned to Cyber Command remain
assigned to combatant commands or service-retained.''; and
(2) in section 238--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``2017'' and inserting ``2021'';
and
(II) by inserting ``, in electronic and print
formats,'' after ``display'';
(ii) in paragraph (1), by inserting ``and the
cyberspace operations forces'' before the semicolon;
(iii) in paragraph (2), by inserting ``and the
cyberspace operations forces'' before the period;
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``2017'' and inserting ``2021'';
(ii) in paragraph (1), by striking ``2017'' and
inserting ``2021''; and
(iii) in paragraph (2), by striking ``2018'' and
inserting ``2022''; and
(C) by adding at the end the following new subsection:
``(c) Submission.--The Secretary shall provide the displays
described in subsection (a)--
``(1) in electronic format not later than five days after the
submission by the President under section 1105(a) of title 31 of
the budget; and
``(2) in print format not later than 21 days after the
submission by the President under section 1105(a) of title 31 of
the budget.''.
SEC. 1702. MODIFICATION OF SCOPE OF NOTIFICATION REQUIREMENTS FOR
SENSITIVE MILITARY CYBER OPERATIONS.
Subsection (c) of section 395 of title 10, United States Code, is
amended to read as follows:
``(c) Sensitive Military Cyber Operation Defined.--(1) In this
section, the term `sensitive military cyber operation' means an action
described in paragraph (2) that--
``(A) is carried out by the armed forces of the United
States;
``(B) is intended to achieve a cyber effect against a
foreign terrorist organization or a country, including its
armed forces and the proxy forces of that country located
elsewhere--
``(i) with which the armed forces of the United States
are not involved in hostilities (as that term is used in
section 4 of the War Powers Resolution (50 U.S.C. 1543));
or
``(ii) with respect to which the involvement of the
armed forces of the United States in hostilities has not
been acknowledged publicly by the United States; and
``(C)(i) is determined to--
``(I) have a medium or high collateral effects
estimate;
``(II) have a medium or high intelligence gain or
loss;
``(III) have a medium or high probability of
political retaliation, as determined by the political
military assessment contained within the associated
concept of operations;
``(IV) have a medium or high probability of
detection when detection is not intended; or
``(V) result in medium or high collateral effects;
or
``(ii) is a matter the Secretary determines to be
appropriate.
``(2) The actions described in this paragraph are the
following:
``(A) An offensive cyber operation.
``(B) A defensive cyber operation.''.
SEC. 1703. MODIFICATION OF REQUIREMENTS FOR QUARTERLY DEPARTMENT OF
DEFENSE CYBER OPERATIONS BRIEFINGS FOR CONGRESS.
Section 484 of title 10, United States Code, is amended by striking
subsections (a) and (b) and inserting the following new subsections:
``(a) Briefings Required.--The Under Secretary of Defense for
Policy, the Commander of United States Cyber Command, and the Chairman
of the Joint Chiefs of Staff, or designees from each of their offices,
shall provide to the congressional defense committees quarterly
briefings on all offensive and significant defensive military
operations in cyberspace, including clandestine cyber activities,
carried out by the Department of Defense during the immediately
preceding quarter.
``(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the military operations in cyberspace described in such
subsection, the following:
``(1) An update, set forth separately for each applicable
geographic and functional command, that describes the operations
carried out in the area of operations of that command or by that
command.
``(2) An update, set forth for each applicable geographic and
functional command, that describes defensive cyber operations
executed to protect or defend forces, networks, and equipment in
the area of operations of that command.
``(3) An update on relevant authorities and legal issues
applicable to operations, including any presidential directives and
delegations of authority received since the last quarterly update.
``(4) An overview of critical operational challenges posed by
major adversaries or encountered in operational activities
conducted since the last quarterly update.
``(5) An overview of the readiness of the Cyber Mission Forces
to perform assigned missions that--
``(A) addresses all of the abilities of such Forces to
conduct cyberspace operations based on capability and capacity
of personnel, equipment, training, and equipment condition--
``(i) using both quantitative and qualitative metrics;
and
``(ii) in a way that is common to all military
departments; and
``(B) is consistent with readiness reporting pursuant to
section 482 of this title.
``(6) Any other matters that the briefers determine to be
appropriate.
``(c) Documents.--Each briefing under subsection (a) shall include
a classified placemat, summarizing the elements specified in paragraphs
(1), (2), (3), and (5) of subsection (b), and an unclassified
memorandum, summarizing the briefing's contents.''.
SEC. 1704. CLARIFICATION RELATING TO PROTECTION FROM LIABILITY OF
OPERATIONALLY CRITICAL CONTRACTORS.
Paragraph (1) of section 391(d) of title 10, United States Code, is
amended--
(1) by inserting ``and contract requirements established
pursuant to Defense Federal Acquisition Regulation Supplement
clause 252.204-7012, Safeguarding Covered Defense Information and
Cyber Incident Reporting,'' after ``compliance with this section'';
and
(2) by inserting ``and such contract requirements'' before the
period.
SEC. 1705. STRENGTHENING FEDERAL NETWORKS; CISA CYBERSECURITY SUPPORT
TO AGENCIES.
Section 3553 of title 44, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (6)(D), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (7) as paragraph (9); and
(C) by inserting after paragraph (6) the following new
paragraphs:
``(7) hunting for and identifying, with or without advance
notice to or authorization from agencies, threats and
vulnerabilities within Federal information systems;
``(8) upon request by an agency, and at the Secretary's
discretion, with or without reimbursement--
``(A) providing services, functions, and 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, disseminating, and analyzing information; and'';
and
(2) by adding at the end the following new subsection:
``(l) Information Sharing.--
``(1) In general.--Notwithstanding any other provision of law,
including any provision of law that would otherwise restrict or
prevent the head of an agency from disclosing information to the
Secretary, the Secretary in carrying out this section and title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.)
may access, use, retain, and disclose, and the head of an agency
may disclose to the Secretary, information, for the purpose of
protecting information and information systems from cybersecurity
risks.
``(2) Exception.--Paragraph (1) shall not apply to national
security systems or to information systems described in paragraph
(2) or (3) of subsection (e).''.
SEC. 1706. IMPROVEMENTS RELATING TO THE QUADRENNIAL CYBER POSTURE
REVIEW.
Section 1644(c) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91), as amended by section 1635 of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), is further amended--
(1) by amending paragraph (1) to read as follows:
``(1) The assessment and definition of the role of cyber forces
in the national defense and military strategies of the United
States.'';
(2) by amending paragraph (2) to read as follows:
``(2) Review of the following:
``(A) The role of cyber operations in combatant commander
warfighting plans.
``(B) The ability of combatant commanders to respond to
adversary cyber attacks.
``(C) The international partner cyber capacity-building
programs of the Department.'';
(3) by amending paragraph (3) to read as follows:
``(3) A review of the law, policies, and authorities relating
to, and necessary for, the United States to maintain a safe,
reliable, and credible cyber posture for defending against and
responding to cyber attacks and for deterrence in cyberspace,
including the following:
``(A) An assessment of the need for further delegation of
cyber-related authorities, including those germane to
information warfare, to the Commander of United States Cyber
Command.
``(B) An evaluation of the adequacy of mission authorities
for all cyber-related military components, defense agencies,
directorates, centers, and commands.'';
(4) in paragraph (4), by striking ``A declaratory'' and
inserting ``A review of the need for or for updates to a
declaratory'';
(5) in paragraph (5), by striking ``Proposed'' and inserting
``A review of'';
(6) by amending paragraph (6) to read as follows:
``(6) A review of a strategy to deter, degrade, or defeat
malicious cyber activity targeting the United States (which may
include activities, capability development, and operations other
than cyber activities, cyber capability development, and cyber
operations), including--
``(A) a review and assessment of various approaches to
competition and deterrence in cyberspace, determined in
consultation with experts from Government, academia, and
industry;
``(B) a comparison of the strengths and weaknesses of the
approaches identified pursuant to subparagraph (A) relative to
the threat of each other; and
``(C) an assessment as to how the cyber strategy will
inform country-specific campaign plans focused on key
leadership of Russia, China, Iran, North Korea, and any other
country the Secretary considers appropriate.'';
(7) by striking paragraph (8) and inserting the following new
paragraph (8):
``(8) A comprehensive force structure assessment of the Cyber
Operations Forces of the Department for the posture review period,
including the following:
``(A) A determination of the appropriate size and
composition of the Cyber Mission Forces to accomplish the
mission requirements of the Department.
``(B) An assessment of the Cyber Mission Forces' personnel,
capabilities, equipment, funding, operational concepts, and
ability to execute cyber operations in a timely fashion.
``(C) An assessment of the personnel, capabilities,
equipment, funding, and operational concepts of Cybersecurity
Service Providers and other elements of the Cyber Operations
Forces.'';
(8) by redesignating paragraphs (9) through (11) as subsections
(12) through (14), respectively; and
(9) by inserting after paragraph (8), the following new
paragraphs:
``(9) An assessment of whether the Cyber Mission Force has the
appropriate level of interoperability, integration, and
interdependence with special operations and conventional forces.
``(10) An evaluation of the adequacy of mission authorities for
the Joint Force Provider and Joint Force Trainer responsibilities
of United States Cyber Command, including the adequacy of the units
designated as Cyber Operations Forces to support such
responsibilities.
``(11) An assessment of the missions and resourcing of the
combat support agencies in support of cyber missions of the
Department.''.
SEC. 1707. MODIFICATION OF AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CYBER OPERATIONS-PECULIAR CAPABILITY DEVELOPMENT PROJECTS.
Section 1640 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively;
(2) in subsection (a)--
(A) by striking ``The Secretary of Defense'' and inserting
``Subject to subsection (b), the Commander of the United States
Cyber Command'';
(B) by striking ``per service'' and inserting ``per use'';
and
(C) by striking ``through 2022'' and inserting ``through
2025'';
(3) by inserting after subsection (a) the following:
``(b) Limitation.--(1) Each fiscal year, the Secretaries of the
military departments concerned may each obligate and expend under
subsection (a) not more than $10,000,000.
``(2) Each fiscal year, the Commander of the United States
Cyber Command may obligate and expend under subsection (a) not more
than $6,000,000.''; and
(4) in subsection (d), as so redesignated, by striking
``through 2022'' and inserting ``through 2025''.
SEC. 1708. PERSONNEL MANAGEMENT AUTHORITY FOR COMMANDER OF UNITED
STATES CYBER COMMAND AND DEVELOPMENT PROGRAM FOR OFFENSIVE CYBER
OPERATIONS.
(a) Personnel Management Authority for Commander of United States
Cyber Command to Attract Experts in Science and Engineering.--Section
1599h of title 10, United States Code, as amended by section 1602 of
this Act, is further amended--
(1) in subsection (a), by adding at the end the following:
``(8) United states cyber command.--The Commander of United
States Cyber Command may carry out a program of personnel
management authority provided in subsection (b) in order to
facilitate the recruitment of eminent experts in computer science,
data science, engineering, mathematics, and computer network
exploitation within the headquarters of United States Cyber Command
and the Cyber National Mission Force.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (F), by striking ``and'' after the
semicolon;
(B) in subparagraph (G), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following new subparagraph:
``(H) in the case of United States Cyber Command, appoint
computer scientists, data scientists, engineers,
mathematicians, and computer network exploitation specialists
to a total of not more than 10 scientific and engineering
positions in the Command;''.
(b) Program to Develop Accesses, Discover Vulnerabilities, and
Engineer Cyber Tools and Develop Tactics, Techniques, and Procedures
for Offensive Cyber Operations.--
(1) In general.--Pursuant to the authority provided under
section 1599h(a)(8) of title 10, United States Code, as added by
subsection (a), the Commander of United States Cyber Command shall
establish a program or augment an existing program within the
Command to develop accesses, discover vulnerabilities, and engineer
cyber tools and develop tactics, techniques, and procedures for the
use of these assets and capabilities in offensive cyber operations.
(2) Elements.--The program or augmented program required by
paragraph (1) shall--
(A) develop accesses, discover vulnerabilities, and
engineer cyber tools and develop tactics, techniques, and
procedures fit for Department of Defense military operations in
cyberspace, such as reliability, meeting short development and
operational timelines, low cost, and expendability;
(B) aim to decrease the reliance of Cyber Command on
accesses, tools, and expertise provided by the intelligence
community;
(C) be designed to provide technical and operational
expertise on par with that of programs of the intelligence
community;
(D) enable the Commander to attract and retain expertise
resident in the private sector and other technologically elite
government organizations; and
(E) coordinate development activities with, and, as
appropriate, facilitate transition of capabilities from, the
Defense Advanced Research Projects Agency, the Strategic
Capabilities Office, and components within the intelligence
community.
(3) Intelligence community defined.--In this subsection, 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).
SEC. 1709. APPLICABILITY OF REORIENTATION OF BIG DATA PLATFORM PROGRAM
TO DEPARTMENT OF NAVY.
(a) In General.--Section 1651 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at
the end the following new subsection:
``(f) Applicability.--The requirements of this section shall apply
in full to the Department of the Navy, including the Sharkcage and
associated programs.''.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy, the program manager
of the Unified Platform program, the Chief Information Officer, and the
Principal Cyber Advisor shall jointly brief the congressional defense
committees on the compliance of the Department of the Navy with the
requirements of such section, as amended by subsection (a).
SEC. 1710. REPORT ON CYBER INSTITUTES PROGRAM.
Section 1640 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2310; 10 U.S.C.
2200 note) is amended by adding at the end the following:
``(g) Report to Congress.--Not later than September 30, 2021, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the
effectiveness of the Cyber Institutes and on opportunities to expand
the Cyber Institutes to additional select institutions of higher
learning that have a Reserve Officers' Training Corps program.''.
SEC. 1711. MODIFICATION OF ACQUISITION AUTHORITY OF COMMANDER OF UNITED
STATES CYBER COMMAND.
Section 807 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2224 note) is amended--
(1) by striking subsections (e) and (i); and
(2) by redesignating subsections (f) through (h) as subsections
(e) through (g), respectively.
SEC. 1712. MODIFICATION OF REQUIREMENTS RELATING TO THE STRATEGIC
CYBERSECURITY PROGRAM AND THE EVALUATION OF CYBER VULNERABILITIES OF
MAJOR WEAPON SYSTEMS OF THE DEPARTMENT OF DEFENSE.
(a) Evaluation of Cyber Vulnerabilities of Major Weapon Systems of
the Department of Defense.--
(1) In general.--Section 1647 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2224 note), as amended by section 1633 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is further amended by adding at the end the following new
subsections:
``(i) Establishing Requirements for Periodicity of Vulnerability
Reviews.--The Secretary of Defense shall establish policies and
requirements for each major weapon system, and the priority critical
infrastructure essential to the proper functioning of major weapon
systems in broader mission areas, to be re-assessed for cyber
vulnerabilities, taking into account upgrades or other modifications to
systems and changes in the threat landscape.
``(j) Identification of Senior Official.--Each secretary of a
military department shall identify a senior official who shall be
responsible for ensuring that cyber vulnerability assessments and
mitigations for weapon systems and critical infrastructure are planned,
funded, and carried out.''.
(2) Technical correction.--Such section 1647 of the National
Defense Authorization Act for Fiscal Year 2016 is further amended--
(A) by redesignating subsection (g) as subsection (h); and
(B) by redesignating the second subsection (f), as added by
section 1633 of the National Defense Authorization Act for
Fiscal Year 2020, as subsection (g).
(b) Strategic Cybersecurity Program.--Section 1640 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2224 note), is amended by striking subsections (a) through (e)
and inserting the following new subsections:
``(a) In General.--Not later than August 1, 2021, the Secretary of
Defense shall, acting through the Under Secretary of Defense for
Acquisition and Sustainment, the Chief Information Officer, the Vice
Chairman of the Joint Chiefs of Staff, the Commander of United States
Cyber Command, and the Director of the National Security Agency,
establish a program to be known as the `Strategic Cybersecurity
Program' (in this section referred to as the `Program') to ensure that
the Department of Defense is always able to conduct the most important
military missions of the Department.
``(b) Personnel Support to the Program.--
``(1) In general.--The Director of the National Security Agency
shall establish a program office within the Cybersecurity
Directorate to support the Program by identifying threats to,
vulnerabilities in, and remediations for the missions and mission
elements described in paragraph (1) of subsection (c). Such program
office shall be headed by a program manager selected by the
Director.
``(2) National security agency program office staff
augmentation.--The Secretary may augment the personnel assigned to
the program office required under paragraph (1) by assigning
personnel as appropriate from among regular and reserve members of
the Armed Forces, civilian employees of the Department of Defense
(including the Defense intelligence agencies), and personnel of the
research laboratories of the Department and the Department of
Energy, who have particular expertise in the areas of
responsibility described in subsection (c).
``(3) Department of energy personnel.--Any personnel assigned
to the program office from among personnel of the Department of
Energy shall be so assigned with the concurrence of the Secretary
of Energy.
``(c) Responsibilities.--
``(1) Designation of mission elements of the program.--The
Under Secretary of Defense for Policy, the Under Secretary of
Defense for Acquisition and Sustainment, and the Vice Chairman of
the Joint Chiefs of Staff shall identify and designate for
inclusion in the Program all of the systems, critical
infrastructure, kill chains, and processes, including systems and
components in development, that comprise the following military
missions of the Department of Defense:
``(A) Nuclear deterrence and strike.
``(B) Select long-range conventional strike missions
germane to the warfighting plans of United States European
Command and United States Indo-Pacific Command.
``(C) Offensive cyber operations.
``(D) Homeland missile defense.
``(2) Office of the under secretary of defense for acquisition
and sustainment.--The Office of the Under Secretary of Defense for
Acquisition and Sustainment shall serve as the office of primary
responsibility for the Program, providing policy, direction, and
oversight regarding the execution of the National Security Agency
program manager's responsibilities described in paragraph (5).
``(3) Vice chairman of the joint chiefs of staff.--The Vice
Chairman of the Joint Chiefs of Staff shall coordinate the
identification and prioritization of the missions and mission
components, and the development and approval of requirements
relating to the cybersecurity of the missions and mission
components, of the Program.
``(4) Chief information officer.--The Chief Information
Officer, in exercising authority, direction, and control over the
Cybersecurity Directorate of the National Security Agency, shall
ensure that the National Security Agency program office is
responsive to the requirements and direction of the Under Secretary
of Defense for Acquisition and Sustainment.
``(5) Program manager.--The program manager shall be
responsible for--
``(A) Conducting end-to-end vulnerability assessments of
the missions of the Program and their constituent systems,
infrastructure, kill chains, and processes.
``(B) Prioritizing and facilitating the remediation of
identified vulnerabilities in the constituent systems,
infrastructure, kill chains, and processes of the missions of
the Program.
``(C) Conducting, prior to the Milestone B approval for any
such system or infrastructure, appropriate reviews of
acquisition and system engineering plans for proposed systems
and infrastructure germane to the missions of the Program, in
accordance with the Under Secretary of Defense for Acquisition
and Sustainment's policy and guidance regarding the components
of such reviews and the range of systems and infrastructure to
be reviewed.
``(D) Advising the military departments, combatant
commands, and Joint Staff on the vulnerabilities and
cyberattack vectors that pose substantial risk to the missions
of the Program and their constituent systems, critical
infrastructure, kill chains, or processes.
``(6) Secretary of defense directive.--The Secretary of Defense
shall define and issue guidance on the roles and responsibilities
for other components with respect to the Program, including--
``(A) the military departments' acquisition and sustainment
organizations in supporting and implementing remedial actions;
``(B) the alignment of Cyber Protection Teams with the
prioritized missions of the Program;
``(C) the role of the Director of Operational Test and
Evaluation in conducting periodic assessments, including
through red teams, of the cybersecurity of missions in the
Program; and
``(D) the role of the Principal Cyber Adviser in
coordinating and monitoring the Department's execution of the
Program.
``(d) Integration With Other Efforts.--The Under Secretary of
Defense for Acquisition and Sustainment shall ensure that the Program
builds upon, and does not duplicate, other efforts of the Department of
Defense relating to cybersecurity, including the following:
``(1) The evaluation of cyber vulnerabilities of major weapon
systems of the Department of Defense required under section 1647 of
the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92).
``(2) The evaluation of cyber vulnerabilities of Department of
Defense critical infrastructure required under section 1650 of the
National Defense Authorization Act for Fiscal year 2017 (Public Law
114-328; 10 U.S.C. 2224 note).
``(3) The activities of the cyber protection teams of the
Department of Defense.
``(e) Briefing.--Not later than December 1, 2021, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on the establishment of the Program, and the plans, funding,
and staffing of the Program.''.
SEC. 1713. MODIFICATION OF POSITION OF PRINCIPAL CYBER ADVISOR.
(a) In General.--Subsection (c) of section 932 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2224 note) is amended to read as follows:
``(c) Principal Cyber Advisor.--
``(1) Designation.--The Secretary shall designate a Principal
Cyber Advisor from among those civilian officials of the Department
of Defense who have been appointed to the positions in which they
serve by the President, by and with the advice and consent of the
Senate.
``(2) Responsibilities.--The Principal Cyber Advisor shall be
responsible for the following:
``(A) Acting as the principal advisor to the Secretary on
military cyber forces and activities.
``(B) Overall integration of Cyber Operations Forces
activities relating to cyberspace operations, including
associated policy and operational considerations, resources,
personnel, technology development and transition, and
acquisition.
``(C) Assessing and overseeing the implementation of the
cyber strategy of the Department and execution of the cyber
posture review of the Department on behalf of the Secretary.
``(D) Coordinating activities pursuant to subparagraphs (A)
and (B) of subsection (c)(3) with the Principal Information
Operations Advisor, the Chief Information Officer of the
Department, and other officials as determined by the Secretary
of Defense, to ensure the integration of activities in support
of cyber, information, and electromagnetic spectrum operations.
``(E) Such other matters relating to the offensive military
cyber forces of the Department as the Secretary shall specify
for the purposes of this subsection.
``(3) Cross-functional team.--Consistent with section 911 of
the National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 111 note), the Principal Cyber Advisor
shall--
``(A) integrate the cyber expertise and perspectives of
appropriate organizations within the Office of the Secretary of
Defense, Joint Staff, military departments, the Defense
Agencies and Field Activities, and combatant commands, by
establishing and maintaining a full-time cross-functional team
of subject matter experts from those organizations; and
``(B) select team members, and designate a team leader,
from among those personnel nominated by the heads of such
organizations.''.
(b) Designation of Deputy Principal Cyber Advisor.--Section
905(a)(1) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) is amended by striking ``Under Secretary of
Defense for Policy'' and inserting ``Secretary of Defense''.
SEC. 1714. 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--
(B) striking ``(1) in general.--''; and
(C) 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)--
(i) by striking ``at the end of the 120-day period
beginning on'' and inserting ``20 months after''; and
(ii) by adding at the end the following new sentence:
``No extension of the Commission is permitted.'';
(B) in subparagraph (B), by--
(i) striking ``may use the 120-day'' and inserting
``shall use the 20-month'';
(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 every
ten months for a period of 20 months further assessments of
the Federal Government's responses to the Commission's
recommendations contained in such final report.''.
SEC. 1715. ESTABLISHMENT IN DEPARTMENT OF HOMELAND SECURITY 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 senior official of the Agency selected by the Director.
``(b) Planning and Execution.--In leading the development of plans
for cyber defense operations pursuant to subsection (a), the head of
the Office 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. 1716. 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 seven 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) 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. 1717. CYBERSECURITY STATE COORDINATOR.
(a) Cybersecurity State Coordinator.--
(1) In general.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
(A) in section 2202(c) (6 U.S.C. 652(c))--
(i) in paragraph (10), by striking ``and'' at the end;
(ii) by redesignating paragraph (11) as paragraph (12);
and
(iii) by inserting after paragraph (10) the following:
``(11) appoint a Cybersecurity State Coordinator in each State,
as described in section 2215; and''; and
(B) by adding at the end the following new section:
``SEC. 2215. CYBERSECURITY STATE COORDINATOR.
``(a) Appointment.--The Director shall appoint an employee of the
Agency in each State, with the appropriate cybersecurity qualifications
and expertise, who shall serve as the Cybersecurity State Coordinator.
``(b) Duties.--The duties of a Cybersecurity State Coordinator
appointed under subsection (a) shall include--
``(1) building strategic public and, on a voluntary basis,
private sector relationships, including by advising on establishing
governance structures to facilitate the development and maintenance
of secure and resilient infrastructure;
``(2) serving as the Federal cybersecurity risk advisor and
supporting preparation, response, and remediation efforts relating
to cybersecurity risks and incidents;
``(3) facilitating the sharing of cyber threat information to
improve understanding of cybersecurity risks and situational
awareness of cybersecurity incidents;
``(4) raising awareness of the financial, technical, and
operational resources available from the Federal Government to non-
Federal entities to increase resilience against cyber threats;
``(5) supporting training, exercises, and planning for
continuity of operations to expedite recovery from cybersecurity
incidents, including ransomware;
``(6) serving as a principal point of contact for non-Federal
entities to engage, on a voluntary basis, with the Federal
Government on preparing, managing, and responding to cybersecurity
incidents;
``(7) assisting non-Federal entities in developing and
coordinating vulnerability disclosure programs consistent with
Federal and information security industry standards;
``(8) assisting State, local, Tribal, and territorial
governments, on a voluntary basis, in the development of State
cybersecurity plans;
``(9) coordinating with appropriate officials within the
Agency; and
``(10) performing such other duties as determined necessary by
the Director to achieve the goal of managing cybersecurity risks in
the United States and reducing the impact of cyber threats to non-
Federal entities.
``(c) Feedback.--The Director shall consult with relevant State,
local, Tribal, and territorial officials regarding the appointment, and
State, local, Tribal, and territorial officials and other non-Federal
entities regarding the performance, of the Cybersecurity State
Coordinator of a State.''.
(2) Coordination plan.--Not later than 60 days after the date
of the enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall establish and submit to the Committee on Homeland
Security and Governmental Affairs in the Senate and the Committee
on Homeland Security in the House of Representatives a plan
describing the reporting structure and coordination processes and
procedures of Cybersecurity State Coordinators within the
Cybersecurity and Infrastructure Security Agency under section 2215
of the Homeland Security Act of 2002, as added by paragraph (1)(B).
(3) Oversight.--The Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall provide to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a briefing on the
placement and efficacy of the Cybersecurity State Coordinators
appointed under section 2215 of the Homeland Security Act of 2002,
as added by paragraph (1)(B), and the coordination plan required
under paragraph (2)--
(A) not later than one year after the date of enactment of
this Act; and
(B) not later than two years after providing the first
briefing under this paragraph.
(4) Rule of construction.--Nothing in this subsection or the
amendments made by this subsection may be construed to affect or
otherwise modify the authority of Federal law enforcement agencies
with respect to investigations relating to cybersecurity incidents.
(5) 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. Cybersecurity State Coordinator.''.
(b) Stakeholder Outreach and Operational Engagement Strategy and
Implementation Plan.--
(1) Strategy.--Not later than one year after the date of the
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall issue a strategy and subsequent implementation plan
to improve stakeholder outreach and operational engagement,
including the Agency's strategic and operational goals and
priorities for carrying out stakeholder engagement activities.
(2) Contents.--The stakeholder outreach and operational
engagement strategy and implementation plan issued pursuant to
paragraph (1) shall include the following:
(A) A catalogue of the stakeholder engagement services
delivered by the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security, including the
regions of the stakeholder services delivered and the critical
infrastructure sectors (as such term is defined in section
2001(3) of the Homeland Security Act of 2002 (6 U.S.C. 601(3))
involved.
(B) An assessment of the capacity of programs of the Agency
to deploy personnel, including the adequacy of such personnel
to meet service requests and the ability of such personnel to
engage with and deliver services to stakeholders in urban,
suburban, and rural areas.
(C) Long-term objectives of such personnel, including
training of the workforce to optimize the capabilities of such
programs and capacity goals.
(D) A description of programs, policies, and activities
used to carry out such stakeholder engagement services under
subparagraph (A).
(E) Resources and personnel necessary to effectively
support critical infrastructure owners and operators and, as
appropriate, other entities, including non-profit
organizations, based on current and projected demand for Agency
services.
(F) Guidance on how outreach to critical infrastructure
owners and operators in a region should be prioritized.
(G) Plans to ensure that stakeholder engagement personnel
of the Agency have a clear understanding of expectations for
engagement within each critical infrastructure sector and
subsector, whether during steady state or surge capacity.
(H) Metrics for measuring how effective stakeholder
engagement services under subparagraph (A) are at furthering
the Agency's strategic and operational goals and priorities.
(I) Mechanisms to track regional engagement by personnel of
the Agency with critical infrastructure owners and operators,
and how frequently such engagement takes place.
(J) Plans for awareness campaigns to familiarize critical
infrastructure owners and operators with security resources and
support offered by the Cybersecurity and Infrastructure
Security Agency.
(K) A description of how to prioritize engagement with
critical infrastructure sectors based on threat information and
the capacity of such sectors to mitigate such threats
(L) Projected timelines, benchmarks, and resource
requirements to implement the Agency's strategic goals and
priorities.
(3) Stakeholder input.--In issuing the stakeholder outreach and
operational engagement strategy required under paragraph (1), the
Director of the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security shall, to the extent
practicable, solicit input from stakeholders representing the
following:
(A) Each of the critical infrastructure sectors.
(B) Critical infrastructure owners and operators located in
each region in which the Agency maintains a field office.
(4) Oversight.--Upon issuance of the stakeholder outreach and
operational engagement strategy and implementation plan required
under paragraph (1), the Director of the Cybersecurity and
Infrastructure Security Agency of the Department 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 such strategy and plan, together
with any associated legislative or budgetary proposals relating
thereto.
SEC. 1718. CYBERSECURITY ADVISORY COMMITTEE.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.), as amended by section 1715 of this
Act, is further amended by adding at the end the following new section:
``SEC. 2216. CYBERSECURITY ADVISORY COMMITTEE.
``(a) Establishment.--The Secretary shall establish within the
Agency a Cybersecurity Advisory Committee (referred to in this section
as the `Advisory Committee').
``(b) Duties.--
``(1) In general.--The Advisory Committee shall advise, consult
with, report to, and make recommendations to the Director, as
appropriate, on the development, refinement, and implementation of
policies, programs, planning, and training pertaining to the
cybersecurity mission of the Agency.
``(2) Recommendations.--
``(A) In general.--The Advisory Committee shall develop, at
the request of the Director, recommendations for improvements
to advance the cybersecurity mission of the Agency and
strengthen the cybersecurity of the United States.
``(B) Recommendations of subcommittees.--Recommendations
agreed upon by subcommittees established under subsection (d)
for any year shall be approved by the Advisory Committee before
the Advisory Committee submits to the Director the annual
report under paragraph (4) for that year.
``(3) Periodic reports.--The Advisory Committee shall
periodically submit to the Director--
``(A) reports on matters identified by the Director; and
``(B) reports on other matters identified by a majority of
the members of the Advisory Committee.
``(4) Annual report.--
``(A) In general.--The Advisory Committee shall submit to
the Director an annual report providing information on the
activities, findings, and recommendations of the Advisory
Committee, including its subcommittees, for the preceding year.
``(B) Publication.--Not later than 180 days after the date
on which the Director receives an annual report for a year
under subparagraph (A), the Director shall publish a public
version of the report describing the activities of the Advisory
Committee and such related matters as would be informative to
the public during that year, consistent with section 552(b) of
title 5, United States Code.
``(5) Feedback.--Not later than 90 days after receiving any
recommendation submitted by the Advisory Committee under paragraph
(2), (3), or (4), the Director shall respond in writing to the
Advisory Committee with feedback on the recommendation. Such a
response shall include--
``(A) with respect to any recommendation with which the
Director concurs, an action plan to implement the
recommendation; and
``(B) with respect to any recommendation with which the
Director does not concur, a justification for why the Director
does not plan to implement the recommendation.
``(6) Congressional notification.--Not less frequently than
once per year after the date of enactment of this section, the
Director shall provide to the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the
Senate and the Committee on Homeland Security, the Committee on
Energy and Commerce, and the Committee on Appropriations of the
House of Representatives a briefing on feedback from the Advisory
Committee.
``(7) Governance rules.--The Director shall establish rules for
the structure and governance of the Advisory Committee and all
subcommittees established under subsection (d).
``(c) Membership.--
``(1) Appointment.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Cybersecurity Advisory Committee
Authorization Act of 2020, the Director shall appoint the
members of the Advisory Committee.
``(B) Composition.--The membership of the Advisory
Committee shall consist of not more than 35 individuals.
``(C) Representation.--
``(i) In general.--The membership of the Advisory
Committee shall satisfy the following criteria:
``(I) Consist of subject matter experts.
``(II) Be geographically balanced.
``(III) Include representatives of State, local,
and Tribal governments and of a broad range of
industries, which may include the following:
``(aa) Defense.
``(bb) Education.
``(cc) Financial services and insurance.
``(dd) Healthcare.
``(ee) Manufacturing.
``(ff) Media and entertainment.
``(gg) Chemicals.
``(hh) Retail.
``(ii) Transportation.
``(jj) Energy.
``(kk) Information Technology.
``(ll) Communications.
``(mm) Other relevant fields identified by the
Director.
``(ii) Prohibition.--Not fewer than one member nor more
than three members may represent any one category under
clause (i)(III).
``(iii) Publication of membership list.--The Advisory
Committee shall publish its membership list on a publicly
available website not less than once per fiscal year and
shall update the membership list as changes occur.
``(2) Term of office.--
``(A) Terms.--The term of each member of the Advisory
Committee shall be two years, except that a member may continue
to serve until a successor is appointed.
``(B) Removal.--The Director may review the participation
of a member of the Advisory Committee and remove such member
any time at the discretion of the Director.
``(C) Reappointment.--A member of the Advisory Committee
may be reappointed for an unlimited number of terms.
``(3) Prohibition on compensation.--The members of the Advisory
Committee may not receive pay or benefits from the United States
Government by reason of their service on the Advisory Committee.
``(4) Meetings.--
``(A) In general.--The Director shall require the Advisory
Committee to meet not less frequently than semiannually, and
may convene additional meetings as necessary.
``(B) Public meetings.--At least one of the meetings
referred to in subparagraph (A) shall be open to the public.
``(C) Attendance.--The Advisory Committee shall maintain a
record of the persons present at each meeting.
``(5) Member access to classified information.--
``(A) In general.--Not later than 60 days after the date on
which a member is first appointed to the Advisory Committee and
before the member is granted access to any classified
information, the Director shall determine, for the purposes of
the Advisory Committee, if the member should be restricted from
reviewing, discussing, or possessing classified information.
``(B) Access.--Access to classified materials shall be
managed in accordance with Executive Order No. 13526 of
December 29, 2009 (75 Fed. Reg. 707), or any subsequent
corresponding Executive Order.
``(C) Protections.--A member of the Advisory Committee
shall protect all classified information in accordance with the
applicable requirements for the particular level of
classification of such information.
``(D) Rule of construction.--Nothing in this paragraph
shall be construed to affect the security clearance of a member
of the Advisory Committee or the authority of a Federal agency
to provide a member of the Advisory Committee access to
classified information.
``(6) Chairperson.--The Advisory Committee shall select, from
among the members of the Advisory Committee--
``(A) a member to serve as chairperson of the Advisory
Committee; and
``(B) a member to serve as chairperson of each subcommittee
of the Advisory Committee established under subsection (d).
``(d) Subcommittees.--
``(1) In general.--The Director shall establish subcommittees
within the Advisory Committee to address cybersecurity issues,
which may include the following:
``(A) Information exchange.
``(B) Critical infrastructure.
``(C) Risk management.
``(D) Public and private partnerships.
``(2) Meetings and reporting.--Each subcommittee shall meet not
less frequently than semiannually, and submit to the Advisory
Committee for inclusion in the annual report required under
subsection (b)(4) information, including activities, findings, and
recommendations, regarding subject matter considered by the
subcommittee.
``(3) Subject matter experts.--The chair of the Advisory
Committee shall appoint members to subcommittees and shall ensure
that each member appointed to a subcommittee has subject matter
expertise relevant to the subject matter of the subcommittee.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135),
as so amended, is further amended by inserting after the item relating
to section 2215 the following new item:
``Sec. 2216. Cybersecurity Advisory Committee.''.
SEC. 1719. CYBERSECURITY EDUCATION AND TRAINING ASSISTANCE PROGRAM.
(a) Authorities.--Section 2202(e)(1) of the Homeland Security Act
of 2002 (6 U.S.C. 652(e)(1)) is amended by adding at the end the
following new subparagraph:
``(R) To encourage and build cybersecurity awareness and
competency across the United States and to develop, attract,
and retain the cybersecurity workforce necessary for the
cybersecurity related missions of the Department, including
by--
``(i) overseeing elementary and secondary cybersecurity
education and awareness related programs at the Agency;
``(ii) leading efforts to develop, attract, and retain
the cybersecurity workforce necessary for the cybersecurity
related missions of the Department;
``(iii) encouraging and building cybersecurity
awareness and competency across the United States; and
``(iv) carrying out cybersecurity related workforce
development activities, including through--
``(I) increasing the pipeline of future
cybersecurity professionals through programs focused on
elementary and secondary education, postsecondary
education, and workforce development; and
``(II) building awareness of and competency in
cybersecurity across the civilian Federal Government
workforce.''.
(b) Education, Training, and Capacity Development.--Section 2202(c)
of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) by redesignating paragraph (11) as paragraph (12); and
(3) by inserting after paragraph (10) the following new
paragraph:
``(11) provide education, training, and capacity development to
Federal and non-Federal entities to enhance the security and
resiliency of domestic and global cybersecurity and infrastructure
security; and''.
(c) Establishment of Training Programs.--Subtitle A of title XXII
of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), as amended
by sections 1715 and 1718 of this Act, is further amended by adding at
the end the following new section:
``SEC. 2217. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.
``(a) Establishment.--
``(1) In general.--The Cybersecurity Education and Training
Assistance Program (referred to in this section as `CETAP') is
established within the Agency.
``(2) Purpose.--The purpose of CETAP shall be to support the
effort of the Agency in building and strengthening a national
cybersecurity workforce pipeline capacity through enabling
elementary and secondary cybersecurity education, including by--
``(A) providing foundational cybersecurity awareness and
literacy;
``(B) encouraging cybersecurity career exploration; and
``(C) supporting the teaching of cybersecurity skills at
the elementary and secondary education levels.
``(b) Requirements.--In carrying out CETAP, the Director shall--
``(1) ensure that the program--
``(A) creates and disseminates cybersecurity-focused
curricula and career awareness materials appropriate for use at
the elementary and secondary education levels;
``(B) conducts professional development sessions for
teachers;
``(C) develops resources for the teaching of cybersecurity-
focused curricula described in subparagraph (A);
``(D) provides direct student engagement opportunities
through camps and other programming;
``(E) engages with State educational agencies and local
educational agencies to promote awareness of the program and
ensure that offerings align with State and local curricula;
``(F) integrates with existing post-secondary education and
workforce development programs at the Department;
``(G) promotes and supports national standards for
elementary and secondary cyber education;
``(H) partners with cybersecurity and education stakeholder
groups to expand outreach; and
``(I) any other activity the Director determines necessary
to meet the purpose described in subsection (a)(2); and
``(2) enable the deployment of CETAP nationwide, with special
consideration for underserved populations or communities.
``(c) Briefings.--
``(1) In general.--Not later than 1 year after the
establishment of CETAP, and annually thereafter, the Secretary
shall brief the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives on the program.
``(2) Contents.--Each briefing conducted under paragraph (1)
shall include--
``(A) estimated figures on the number of students reached
and teachers engaged;
``(B) information on outreach and engagement efforts,
including the activities described in subsection (b)(1)(E);
``(C) information on new curricula offerings and teacher
training platforms; and
``(D) information on coordination with post-secondary
education and workforce development programs at the Department.
``(d) Mission Promotion.--The Director may use appropriated amounts
to purchase promotional and recognition items and marketing and
advertising services to publicize and promote the mission and services
of the Agency, support the activities of the Agency, and to recruit and
retain Agency personnel.''.
(d) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as so amended, is further amended by
inserting after the item relating to section 2216 the following new
item:
``Sec. 2217. Cybersecurity Education and Training Programs.''.
SEC. 1720. FRAMEWORK FOR CYBER HUNT FORWARD OPERATIONS.
(a) Framework Required.--Not later than April 1, 2021, the
Secretary of Defense shall develop a standard, comprehensive framework
to enhance the consistency, execution, and effectiveness of cyber hunt
forward operations.
(b) Elements.--The framework developed pursuant to subsection (a)
shall include the following:
(1) Identification of the selection criteria for proposed cyber
hunt forward operations, including specification of necessary
thresholds for the justification of operations and thresholds for
partner cooperation.
(2) The roles and responsibilities of the following
organizations in the support of the planning and execution of cyber
hunt forward operations:
(A) United States Cyber Command.
(B) Service cyber components.
(C) The Office of the Under Secretary of Defense for
Policy.
(D) Geographic combatant commands.
(E) Cyber Operations-Integrated Planning Elements and Joint
Cyber Centers.
(F) Embassies and consulates of the United States.
(3) Pre-deployment planning guidelines to maximize the
operational success of each unique operation, including guidance
that takes into account the highly variable nature of the following
aspects at the tactical level:
(A) Team composition, including necessary skillsets,
recommended training, and guidelines on team size and
structure.
(B) Relevant factors to determine mission duration in a
country of interest.
(C) Agreements with partner countries required pre-
deployment.
(D) Criteria for potential follow-on operations.
(E) Equipment and infrastructure required to support the
missions.
(4) Metrics to measure the effectiveness of each operation,
including means to evaluate the value of discovered malware and
infrastructure, the effect on the adversary, and the potential for
future engagements with the partner country.
(5) Roles and responsibilities for United States Cyber Command
and the National Security Agency in the analysis of relevant
mission data.
(6) A detailed description of counterintelligence support for
cyber hunt forward operations.
(7) A standardized force presentation model across service
components and combatant commands.
(8) Review of active and reserve component personnel policies
to account for deployment and redeployment operations, including
the following:
(A) Global Force Management.
(B) Contingency, Exercise, and Deployment orders to be
considered for and applied towards deployment credit and
benefits.
(9) Such other matters as the Secretary determines relevant.
(c) Briefing.--
(1) In general.--Not later than May 1, 2021, the Secretary of
Defense 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 framework developed pursuant to
subsection (a).
(2) Contents.--The briefing required by paragraph (1) shall
include the following:
(A) An overview of the framework developed pursuant to
subsection (a).
(B) An explanation of the tradeoffs associated with the use
of Department of Defense resources for cyber hunt forward
missions in the context of competing priorities.
(C) Such recommendations as the Secretary may have for
legislative action to improve the effectiveness of cyber hunt
forward missions.
SEC. 1721. RATIONALIZATION AND INTEGRATION OF PARALLEL CYBERSECURITY
ARCHITECTURES AND OPERATIONS.
(a) Review Required.--The Commander of United States Cyber Command,
with support from the Chief Information Officer of the Department of
Defense, the Chief Data Officer of the Department, the Principal Cyber
Advisor, the Vice Chairman of the Joint Chiefs of Staff, and the
Director of Cost Analysis and Program Evaluation, as well as the
Principal Cyber Advisors and the Chief Information Officers of the
military services, shall conduct a review of the Cybersecurity Service
Provider and Cyber Mission Force enterprises.
(b) Assessment and Identification of Redundancies and Gaps.--The
review required by subsection (a) shall assess and identify--
(1) the optimal way to integrate the Joint Cyber Warfighting
Architecture and the Cybersecurity Service Provider architectures,
associated tools and capabilities, and associated concepts of
operations;
(2) redundancies and gaps in network sensor deployment and data
collection and analysis for the--
(A) Big Data Platform;
(B) Joint Regional Security Stacks; and
(C) Security Information and Event Management capabilities;
(3) where integration, collaboration, and interoperability are
not occurring that would improve outcomes;
(4) baseline training, capabilities, competencies, operational
responsibilities, and joint concepts of operations for the Joint
Force Headquarters for the Department of Defense Information
Network, Cybersecurity Service Providers, and Cyber Protection
Teams;
(5) the roles and responsibilities of the Principal Cyber
Advisor, Chief Information Officer, and the Commander of United
States Cyber Command in establishing and overseeing the baselines
assessed and identified under paragraph (4);
(6) the optimal command structure for the military services'
and combatant commands' cybersecurity service providers and cyber
protection teams;
(7) the responsibilities of network owners and cybersecurity
service providers in mapping, configuring, instrumenting, and
deploying sensors on networks to best support response of cyber
protection teams when assigned to defend unfamiliar networks; and
(8) operational concepts and engineering changes to enhance
remote access and operations of cyber protection teams on networks
through tools and capabilities of the Cybersecurity Service
Providers.
(c) Recommendations for Fiscal Year 2023 Budget.--The Chief
Information Officer, the Chief Data Officer, the Commander of United
States Cyber Command, and the Principal Cyber Advisor shall jointly
develop recommendations for the Secretary of Defense in preparation of
the budget justification materials to be submitted to Congress in
support of the budget for the Department of Defense for fiscal year
2023 (as submitted with the budget of the President for such fiscal
year under section 1105(a) of title 31, United States Code).
(d) Progress Briefing.--Not later than March 31, 2021, the Chief
Information Officer, the Chief Data Officer, the Commander of United
States Cyber Command, and the Principal Cyber Advisor shall jointly
provide a briefing to the congressional defense committees on the
progress made in carrying out this section.
SEC. 1722. ASSESSING RISK TO NATIONAL SECURITY OF QUANTUM COMPUTING.
(a) Comprehensive Assessment and Recommendations Required.--Not
later than December 31, 2021, the Secretary of Defense shall--
(1) complete a comprehensive assessment of the current and
potential threats and risks posed by quantum computing technologies
to critical national security systems, including--
(A) an identification and prioritization of critical
national security systems at risk;
(B) an assessment of the standards of the National
Institute of Standards and Technology for quantum resistant
cryptography and the applicability of such standards to
cryptographic requirements of the Department of Defense;
(C) an assessment of the feasibility of alternate quantum-
resistant algorithms and features; and
(D) a description of any funding shortfalls in public and
private developmental efforts relating to quantum resistant
cryptography, standards, and models; and
(2) develop recommendations for research, development, and
acquisition activities, including resourcing schedules, for
securing the critical national security systems identified pursuant
to paragraph (1)(A) against quantum computing code-breaking
capabilities.
(b) Briefing.--Not later than February 1, 2022, the Secretary shall
brief the congressional defense committees on the assessment completed
under paragraph (1) of subsection (a) and the recommendations developed
under paragraph (2) of such subsection.
SEC. 1723. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS.
(a) Study.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Navy and the Chief of
Naval Operations, in consultation with the Commander of United
States Cyber Command, shall submit to the congressional defense
committees a study of the Navy Cyber Warfare Development Group
(NCWDG).
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An examination of NCWDG's structure, manning,
authorities, funding, and operations.
(B) A review of organizational relationships--
(i) within the Navy; and
(ii) to other Department of Defense organizations, as
well as non-Department of Defense organizations.
(C) Recommendations for how the NCWDG can be strengthened
and improved, without growth in size.
(D) Such other information as determined necessary or
appropriate by the Secretary of the Navy.
(3) Release.--
(A) To congress.--Not later than 7 days after completion of
the study required under paragraph (1), the Secretary of the
Navy shall brief the congressional defense committees on the
findings of the study.
(B) To service services.-- The Secretary of the Navy shall
transmit to the secretaries of the military services and the
Assistant Secretary of Defense for Special Operations and
Irregular Warfare the study required under paragraph (1).
(b) Designation.--Notwithstanding any other provision of law, the
Secretary of the Navy shall designate the NCWDG as a screened command.
(c) Authority to Replicate.--After review of the study required
under subsection (a) and consulting the Commander of United States
Cyber Command in accordance with procedures established by the
Secretary of Defense, the secretaries of the military services may
establish tailored cyberspace operations organizations of comparable
size to NCWDG within the military service, respectively, of each such
secretary. Such counterpart organizations shall have the same
authorities as the NCWDG. On behalf of United States Special Operations
Command, the Assistant Secretary of Defense for Special Operations and
Irregular Warfare may authorize a tailored cyberspace operations
organization within United States Special Operations Command of similar
size and equivalent authorities as NCWDG.
(d) Briefing to Congress.--Not later than 180 days after the date
of the enactment of this Act, the secretaries of the military services
and the Assistant Secretary of Defense for Special Operations and
Irregular Warfare shall brief the congressional defense committees on--
(1) the utilization of the authority provided pursuant to
subsection (c); and
(2) if appropriate based on such utilization, details on how
the military service, respectively, of each such secretary intends
to establish tailored cyberspace operations organizations.
SEC. 1724. RESPONSIBILITY FOR CYBERSECURITY AND CRITICAL INFRASTRUCTURE
PROTECTION OF THE DEFENSE INDUSTRIAL BASE.
(a) Critical Infrastructure Defined.--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)).
(b) Designation.--The Secretary of Defense shall designate the
Principal Cyber Advisor of the Department of Defense as the
coordinating authority for cybersecurity issues relating to the defense
industrial base.
(c) Responsibilities.--As the coordinating authority for
cybersecurity issues relating to the defense industrial base, the
Principal Cyber Advisor of the Department of Defense shall synchronize,
harmonize, de-conflict, and coordinate all policies and programs
germane to defense industrial base cybersecurity, including the
following:
(1) The Sector Specific Agency functions under Presidential
Policy Directive-21 the Department of Defense has assigned to the
Under Secretary of Defense for Policy for implementation.
(2) The Under Secretary of Defense for Acquisition and
Sustainment's policies and programs germane to contracting and
contractual enforcement as such relate to cybersecurity assessment
and assistance, and industrial base health and security.
(3) The Under Secretary of Defense for Intelligence and
Security's policies and programs germane to physical security,
information security, industrial security, acquisition security and
cybersecurity, all source intelligence, classified threat
intelligence sharing related to defense industrial base
cybersecurity activities, counterintelligence, and foreign
ownership control or influence, including the Defense Intelligence
Agency and National Security Agency support provided to the
Department of Defense - Defense Industrial Base Collaborative
Information Sharing Environment and cyber intrusion damage
assessment analysis as part of defense industrial base
cybersecurity activities.
(4) The Department of Defense Chief Information Officer's
policies and programs for cybersecurity standards and integrating
cybersecurity threat intelligence-sharing activities and enhancing
Department of Defense and defense industrial base cyber situational
awareness.
(5) The Under Secretary of Defense for Research and
Engineering's policies and programs germane to protection planning
requirements of emerging technologies as such relate to
cybersecurity assessment and assistance, and industrial base health
and security.
(6) Other Department of Defense components' policies and
programs germane to the cybersecurity of the defense industrial
base, including the policies and programs of the military services
and the combatant commands.
(d) Additional Functions.--In carrying out this section, the
Principal Cyber Advisor of the Department of Defense shall--
(1) coordinate or facilitate coordination with relevant Federal
departments and agencies, defense industrial base entities,
independent regulatory agencies, and with State, local,
territorial, and Tribal entities, as appropriate;
(2) facilitate or coordinate the provision of incident
management support to defense industrial base entities, as
appropriate;
(3) facilitate or coordinate the provision of technical
assistance to and consultations with defense industrial base
entities to identify cyber or cyber-physical vulnerabilities and
minimize the damage of potential incidents, as appropriate; and
(4) support or facilitate the supporting of the statutorily
required reporting requirements of such relevant Federal
departments and agencies by providing or facilitating the provision
to such departments and agencies on an annual basis relevant
critical infrastructure information, as appropriate.
(e) Department of Defense Roles and Responsibilities.--No later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall brief the Committees on Armed Services of
the Senate and the House of Representatives on the following issues:
(1) A plan for implementation of this section, including an
assessment of the roles and responsibilities of entities across the
Department of Defense and mechanisms and processes for coordination
of policy and programs germane to defense industrial base
cybersecurity.
(2) An analysis of the feasibility and advisability of
separating cybersecurity Sector Specific Agency functions under
Presidential Policy Directive-21 from non-cybersecurity Sector
Specific Agency functions.
(3) Regarding the non-cybersecurity Sector Specific Agency
functions the Department has assigned to the Under Secretary of
Defense for Policy for implementation, the implications of
reassigning such responsibilities to the Under Secretary of Defense
for Acquisition and Sustainment.
SEC. 1725. PILOT PROGRAM ON REMOTE PROVISION BY NATIONAL GUARD TO
NATIONAL GUARDS OF OTHER STATES OF CYBERSECURITY TECHNICAL ASSISTANCE
IN TRAINING, PREPARATION, AND RESPONSE TO CYBER INCIDENTS.
(a) Pilot Program Authorized.--
(1) In general.--The Secretary of Defense may conduct a pilot
program to assess the feasibility and advisability of the
development of a capability in support of Department of Defense
missions within the National Guard through which a National Guard
of a State remotely provides National Guards of other States
(whether or not in the same Armed Force as the providing National
Guard) with cybersecurity technical assistance in training,
preparation, and response to cyber incidents.
(2) Termination.--The authorization under paragraph (1) to
conduct the pilot program expires 24 months after the date of the
enactment of this Act.
(b) Assessment Prior to Commencement.--For purposes of the pilot
program described in subsection (a), the Secretary of Defense shall,
prior to commencing the pilot program, for purposes of evaluating
existing platforms, technologies, and capabilities under subsection
(c), and for establishing eligibility and participation requirements
under such subsection--
(1) conduct an assessment of--
(A) existing cyber response capacities of the Army National
Guard or Air National Guard, as applicable, in each State; and
(B) any existing platform, technology, or capability of a
National Guard that provides the capability described in
subsection (a)(1);
(2) determine whether a platform, technology, or capability
referred to in subparagraph (B) is suitable for expansion for
purposes of the pilot program; and
(3) assess potential benefits or impact on the missions, the
Total Force, the Cyber Operations Forces, and the cyber
infrastructure of the Department of Defense.
(c) Elements.--The pilot program described in subsection (a) may
include the following:
(1) A technical capability that enables the National Guard of a
State to remotely provide cybersecurity technical assistance to
National Guards of other States, without the need to deploy outside
its home State.
(2) The development of policies, processes, procedures, and
authorities for use of such a capability, including with respect to
the following:
(A) The roles and responsibilities of both requesting and
deploying National Guards with respect to such technical
assistance, taking into account the matters specified in
subsection (g).
(B) Necessary updates to the Defense Cyber Incident
Coordinating Procedure, or any other applicable Department of
Defense instruction, for purposes of implementing such a
capability.
(C) Program management and governance structures for
deployment and maintenance of such a capability.
(D) Security when performing remote support, including in
matters such as authentication and remote sensing.
(3) The conduct, in consultation with the Secretary of Homeland
Security and the Director of the Federal Bureau of Investigation,
the heads of other Federal agencies, and appropriate non-Federal
entities, as appropriate, of at least one exercise to demonstrate
such a capability, which exercise shall include the following:
(A) Participation of not fewer than the National Guards of
two different States.
(B) Circumstances designed to test and validate the
policies, processes, procedures, and authorities developed
pursuant to paragraph (2).
(d) Use of Existing Technology.--The Secretary of Defense may use
an existing platform, technology, or capability to provide the
technical capability described in subsection (a)(1) under the pilot
program.
(e) Eligibility and Participation Requirements.--The Secretary of
Defense shall, in consultation with the Chief of the National Guard
Bureau, establish requirements with respect to eligibility and
participation of National Guards in the pilot program.
(g) Construction With Certain Current Authorities.--
(1) Command authorities.--Nothing in this section may be
construed as affecting or altering the command authorities
otherwise applicable to any unit of the National Guard
participating in the pilot program.
(2) Emergency management assistance compact.--Nothing in this
section may be construed as affecting or altering any current
agreement under the Emergency Management Assistance Compact, or any
other State agreements, or as determinative of the future content
of any such agreement.
(h) Evaluation Metrics.--The Secretary of Defense shall establish
metrics to evaluate the effectiveness of the pilot program.
(i) Term.--The pilot program under subsection (b) shall terminate
not later than the date that is three years after the date of the
commencement of the pilot program.
(j) Reports.--
(1) Initial report.--Not later than 180 days after the date of
the commencement of the pilot program, the Secretary of Defense
shall submit to the appropriate committees of Congress and the
Secretary of Homeland Security an initial report setting forth a
description of the pilot program and such other matters in
connection with the pilot program as the Secretary considers
appropriate.
(2) Final report.--Not later than 180 days after the
termination of the pilot program, the Secretary of Defense shall
submit to the appropriate committees of Congress and the Secretary
of Homeland Security a final report on the pilot program. The final
report shall include the following:
(A) A description of the pilot program, including any
partnerships entered into under the pilot program.
(B) A summary of the assessment performed prior to the
commencement of the pilot program in accordance with subsection
(b).
(C) A summary of the evaluation metrics established in
accordance with subsection (h), including how the pilot program
contributes directly to Department of Defense missions.
(D) An assessment of the effectiveness of the pilot
program, and of the capability described in subsection (c)(1)
under the pilot program.
(E) A description of costs associated with the
implementation and conduct of the pilot program.
(F) A recommendation as to the value of the pilot program,
including whether to authorize a permanent program modeled on
the pilot program, including whether the pilot program
duplicates the remote operating concept and capabilities of
active duty cyber operations forces.
(G) An estimate of the costs of making the pilot program
permanent and expanding it nationwide in accordance with the
recommendation in subparagraph (F).
(H) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
pilot program.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(k) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
SEC. 1726. 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 Secretary
of Defense and 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 Secretary of Defense
shall carry out such elements of the implementation plan required
under paragraph (1)(B) as the Secretary considers appropriate and
notify the congressional defense committees of the determinations
of the Secretary relating thereto.
(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. 1727. REPORTING REQUIREMENTS FOR CROSS DOMAIN INCIDENTS AND
EXEMPTIONS TO POLICIES FOR INFORMATION TECHNOLOGY.
(a) Incident Reporting.--
(1) In general.--Effective beginning on the date of the
enactment of this Act, 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 incident 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 paragraph (1) 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
incident'' means any unauthorized connection of any duration
between software, hardware, or both that is either used on, or
designed for use on a network or system built for classified data,
and systems not accredited or authorized at the same or higher
classification level, including systems on the public internet,
regardless of whether the unauthorized connection is later
determined to have resulted in the exfiltration, exposure, or
spillage of data across the cross domain connection.
(b) Exemptions to Policy for Information Technology.--Not later
than six 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. 1728. 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. 1729. CYBER CAPABILITIES AND INTEROPERABILITY OF THE NATIONAL
GUARD.
(a) Evaluation.--
(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, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee
on Homeland Security of the House of Representatives an evaluation
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.
(2) Consideration of inputs.--In conducting the evaluation
under paragraph (1), the Secretary of Defense shall consult with
the Secretary of Homeland Security and may solicit and consider
inputs from the following:
(A) The heads of Federal agencies determined appropriate by
the Secretary of Defense.
(B) State governors.
(C) The heads of other non-Federal entities as determined
appropriate by the Secretary of Defense.
(b) Elements of Evaluation.--The evaluation required under
subsection (a) shall include review of the following:
(1) Regulations promulgated under section 903 of title 32,
United States Code, to clarify when and under what conditions the
National Guard could respond to a cyber attack as a homeland
defense activity under section 902 of such title.
(2) Guidance promulgated regarding how units of the National
Guard shall collaborate with relevant civil, law enforcement, and
cybersecurity agencies when conducting a homeland defense activity
under section 902 of title 32, United States Code.
(c) Update to Certain Regulations and Guidance.--If the Secretary
of Defense determines such is appropriate based on the evaluation
required under subsection (a) and the review described in subsection
(b), the Secretary shall update--
(1) the regulations referred to in subsection (b)(1); and
(2) the guidance referred to in subsection (b)(2).
(d) Update to the National Cyber Incident Response Plan.--Not later
than 270 days after the date of the enactment of this Act, the
Secretary of Homeland Security, in coordination with the Secretary of
Defense, may update the National Cyber Incident Response Plan to
address any changes made by the Secretary of Defense to the roles and
responsibilities of the National Guard for the response to and recovery
from significant cyber incidents.
(e) Joint Briefings.--Not later than 300 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Homeland Security shall jointly brief the congressional defense
committees, the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the House of
Representatives on the following:
(1) The results of the evaluation required under subsection
(a)(1), including the utilization of any input provided to the
Secretary of Defense pursuant to subsection (a)(2).
(2) Any updated regulations or guidance in accordance with
subsection (c).
(3) Any update by the Secretary of Homeland Security to the
National Cyber Incident Response Plan pursuant to subsection (d).
(4) How the Department of Defense, including the National
Guard, and the Department of Homeland Security, including the
Cybersecurity and Infrastructure Security Agency and the Federal
Emergency Management Agency, will collaborate with each other and
with relevant law enforcement, State governments, and other non-
Federal entities when responding to and recovering from significant
cyber incidents.
(f) 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. 1730. 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 submit to the congressional defense
committees an evaluation of reserve models tailored to the support of
cyberspace operations for the Department.
(b) Elements.--The evaluation conducted under subsection (a) shall
include assessment of the following:
(1) The capabilities and deficiencies in military and civilian
personnel with needed cybersecurity expertise, and the quantity of
personnel with such expertise, within the Department.
(2) The potential for a uniformed, civilian, or mixed cyber
reserve force to remedy shortfalls in expertise and capacity.
(3) The ability of the Department to attract the personnel with
the desired expertise to either a uniformed or civilian cyber
reserve force.
(4) The number of personnel, their skills, additional
infrastructure required, funding, and the composition of a cyber
reserve force that would be required to meet the needs of the
Department.
(5) Alternative models for establishing a cyber reserve force,
including the following:
(A) A traditional uniformed military reserve component.
(B) A nontraditional uniformed military reserve component,
with respect to drilling and other requirements such as
grooming and physical fitness.
(C) Nontraditional civilian cyber reserve options.
(D) Hybrid options.
(E) Models of reserve support used by international allies
and partners.
(6) The impact each of the cyber reserve models would have on
active duty and existing reserve forces, including the following:
(A) Recruiting.
(B) Promotion.
(C) Retention.
(D) Relocation.
(7) The impact each of the cyber reserve models would have on
the Cyber Operations Forces total force, including the following:
(A) Cyber operations forces training.
(B) Cyber operations forces individual and unit readiness.
(C) Cyber operations forces training ranges and cyber
warfighting architectures.
(D) Infrastructure supporting Cyber Operations Forces.
(8) The impact each of the cyber reserve models would have on
the private sector, particularly during and immediately after a
major cyber incident.
(9) An evaluation of work conducted to date by the Department
of Defense in response to the 2014 Report of the Reserve Forces
Policy Board on Department of Defense Cyber Approach: Use of the
National Guard and Reserve in the Cyber Mission Force.
SEC. 1731. INTEGRATED CYBERSECURITY CENTER PLAN.
(a) In General.--Not later than one year 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 cybersecurity efforts at an
integrated cybersecurity center within the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland Security
in furtherance of the functions specified in 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, and the Director of National Intelligence that negatively
impact coordination with the Cybersecurity and Infrastructure
Security Agency 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 cybersecurity center within the Cybersecurity and
Infrastructure Security Agency.
(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 cybersecurity center within the
Cybersecurity and Infrastructure Security Agency.
(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 cybersecurity center within the Cybersecurity and
Infrastructure Security Agency, 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) Elements of the Office of the Director of National
Intelligence, as determined appropriate by the Director
(D) The Federal Bureau of Investigation's National Cyber
Investigative Joint Task Force.
(E) The Department of Defense's Defense Cyber Crime 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 cybersecurity center
within the Cybersecurity and Infrastructure Security Agency 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 national-level efforts by United
States allies, such as the United Kingdom's National Cyber Security
Centre, to determine whether an integrated cybersecurity 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 potential creation of an integrated
cybersecurity center within the Cybersecurity and Infrastructure
Security Agency, 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, may submit to
the relevant congressional committees a plan to establish an integrated
cybersecurity center within the Cybersecurity and Infrastructure
Security Agency, if appropriate, or to implement other mechanisms for
improving cybersecurity coordination among the Federal cyber centers
specified in subsection (b)(4).
(e) 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.
(f) 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. 1732. ASSESSMENT OF CYBER OPERATIONAL PLANNING AND DECONFLICTION
POLICIES AND PROCESSES.
(a) Assessment.--Not later than August 1, 2021, the Principal Cyber
Advisor of the Department of Defense and the Commander of United States
Cyber Command shall jointly, in coordination with the Under Secretary
of Defense for Policy, the Under Secretary of Defense for Intelligence
and Security, and the Chairman of the Joint Chiefs of Staff, conduct
and complete an assessment on the operational planning and
deconfliction policies and processes that govern cyber operations of
the Department of Defense.
(b) Elements.--The assessment required by subsection (a) shall
include evaluations as to whether--
(1) the joint targeting cycle and relevant operational and
targeting databases are suitable for the conduct of timely and
well-coordinated cyber operations;
(2) each of the policies and processes in effect to facilitate
technical, operational, and capability deconfliction are
appropriate for the conduct of timely and effective cyber
operations;
(3) intelligence gain-loss decisions made by Cyber Command are
sufficiently well-informed and made in timely fashion;
(4) relevant intelligence data and products are consistently
available and distributed to relevant planning and operational
elements in Cyber Command;
(5) collection operations and priorities meet the operational
requirements of Cyber Command; and
(6) authorities relevant to intelligence, surveillance, and
reconnaissance and operational preparation of the environment are
delegated to the appropriate level.
(c) Briefing.--Not later than September 1, 2021, the Principal
Cyber Advisor and the Commander of United States Cyber Command 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 findings of the assessment completed under subsection (a),
including discussion of planned policy and process changes, if any,
relevant to cyber operations.
SEC. 1733. PILOT PROGRAM ON CYBERSECURITY CAPABILITY METRICS.
(a) Pilot Program Required.--The Secretary of Defense, acting
through the Chief Information Officer of the Department of Defense and
the Commander of United States Cyber Command, shall conduct a pilot
program to assess the feasibility and advisability of developing and
using speed-based metrics to measure the performance and effectiveness
of security operations centers and cyber security service providers in
the Department of Defense.
(b) Requirements.--
(1) Development of metrics.--(A) Not later than July 1, 2021,
the Chief Information Officer and the Commander shall jointly
develop metrics described in subsection (a) to carry out the pilot
program under such subsection.
(B) The Chief Information Officer and the Commander shall
ensure that the metrics developed under subparagraph (A) are
commensurate with the representative timelines of nation-state
and non-nation-state actors when gaining access to, and
compromising, Department networks.
(2) Use of metrics.--(A) Not later than December 1, 2021, the
Secretary shall, in carrying out the pilot program required by
subsection (a), begin using the metrics developed under paragraph
(1) of this subsection to assess select security operations centers
and cyber security service providers, which the Secretary shall
select specifically for purposes of the pilot program, for a period
of not less than four months.
(B) In carrying out the pilot program under subsection (a),
the Secretary shall evaluate the effectiveness of operators,
capabilities available to operators, and operators' tactics,
techniques, and procedures.
(c) Authorities.--In carrying out the pilot program under
subsection (a), the Secretary may--
(1) assess select security operations centers and cyber
security service providers--
(A) over the course of their mission performance; or
(B) in the testing and accreditation of cybersecurity
products and services on test networks designated pursuant to
section 1658 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92); and
(2) assess select elements' use of security orchestration and
response technologies, modern endpoint security technologies, Big
Data Platform instantiations, and technologies relevant to zero
trust architectures.
(d) Briefing.--
(1) In general.--Not later than March 1, 2022, the Secretary
shall brief the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives on the
findings of the Secretary with respect to the pilot program
required by subsection (a).
(2) Elements.--The briefing provided under paragraph (1) shall
include the following:
(A) The pilot metrics developed under subsection (b)(1).
(B) The findings of the Secretary with respect to the
assessments carried out under subsection (b)(2).
(C) An analysis of the utility of speed-based metrics in
assessing security operations centers and cyber security
service providers.
(D) An analysis of the utility of the extension of the
pilot metrics to or speed-based assessment of the Cyber Mission
Forces.
(E) An assessment of the technical and procedural measures
that would be necessary to meet the speed-based metrics
developed and applied in the pilot program.
SEC. 1734. ASSESSMENT OF EFFECT OF INCONSISTENT TIMING AND USE OF
NETWORK ADDRESS TRANSLATION IN DEPARTMENT OF DEFENSE NETWORKS.
(a) In General.--Not later than March 1, 2021, the Chief
Information Officer of the Department of Defense shall conduct
comprehensive assessments as follows:
(1) Timing variability in department networks.--The Chief
Information Officer shall characterize--
(A) timing variability across Department information
technology and operational technology networks, appliances,
devices, applications, and sensors that generate time-stamped
data and metadata used for cybersecurity purposes;
(B) how timing variability affects current, planned, and
potential capabilities for detecting network intrusions that
rely on correlating events and the sequence of events; and
(C) how to harmonize standard of timing across Department
networks.
(2) Use of network address translation.--The Chief Information
Officer shall characterize--
(A) why and how the Department is using Network Address
Translation (NAT) and multiple layers and nesting of Network
Address Translation;
(B) how using Network Address Translation affects the
ability to link malicious communications detected at various
network tiers to specific endpoints or hosts to enable prompt
additional investigations, quarantine decisions, and
remediation activities; and
(C) what steps and associated cost and schedule are
necessary to eliminate the use of Network Address Translation
or to otherwise provide transparency to network defenders,
including options to accelerate the transition from Internet
Protocol version 4 to Internet Protocol version 6.
(b) Recommendation.--The Chief Information Officer and the
Principal Cyber Advisor shall submit to the Secretary of Defense a
recommendation to address the assessments conducted under subsection
(a), including whether and how to revise the cyber strategy of the
Department.
(c) Briefing.--Not later than April 1, 2021, the Chief Information
Officer shall brief the congressional defense committees on the
findings of the Chief Information Officer with respect to the
assessments conducted under subsection (a) and the recommendation
submitted under subsection (b).
SEC. 1735. INTEGRATION OF DEPARTMENT OF DEFENSE USER ACTIVITY
MONITORING AND CYBERSECURITY.
(a) Integration of Plans, Capabilities, and Systems.--The Secretary
of Defense shall integrate the plans, capabilities, and systems for
user activity monitoring, and the plans, capabilities, and systems for
endpoint cybersecurity and the collection of metadata on network
activity for cybersecurity to enable mutual support and information
sharing.
(b) Requirements.--In carrying out subsection (a), the Secretary
shall--
(1) consider using the Big Data Platform instances that host
cybersecurity metadata for storage and analysis of all user
activity monitoring data collected across the Department of Defense
Information Network at all security classification levels;
(2) develop policies and procedures governing access to user
activity monitoring data or data derived from user activity
monitoring by cybersecurity operators; and
(3) develop processes and capabilities for using metadata on
host and network activity for user activity monitoring in support
of the insider threat mission.
(c) Congressional Briefing.--Not later than October 1, 2021, the
Secretary shall provide a briefing to the congressional defense
committees on actions taken to carry out this section.
SEC. 1736. DEFENSE INDUSTRIAL BASE CYBERSECURITY SENSOR ARCHITECTURE
PLAN.
(a) Defense Industrial Base Cybersecurity Sensor Architecture
Program Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Principal Cyber Advisor of the Department of
Defense, in consultation with the Chief Information Officer of the
Department, the Under Secretary of Defense for Acquisition and
Sustainment, the Under Secretary of Defense for Intelligence and
Security, and the Commander of United States Cyber Command, shall
complete an assessment of the feasibility, suitability, and resourcing
required to establish a Defense Industrial Base Cybersecurity Sensor
Architecture Program, responsible for deploying commercial-off-the-
shelf solutions to remotely monitor the public-facing internet attack
surface of the defense industrial base.
(b) Elements.--The assessment required under subsection (a) shall
include the following:
(1) Definition of an architecture, concept of operations, and
governance structure that--
(A) will allow for the instrumentation and collection of
cybersecurity data on the public-facing internet attack
surfaces of defense industrial base contractors in a manner
that is compatible with the Department's existing or future
capabilities for analysis, and instrumentation and collection,
as appropriate, of cybersecurity data within the Department of
Defense Information Network;
(B) includes the expected scale, schedule, and guiding
principles of deployment;
(C) is consistent with the defense industrial base
cybersecurity policies and programs of the Under Secretary of
Defense for Acquisition and Sustainment and the Chief
Information Officer; and
(D) includes an acquisition strategy for sensor
capabilities that optimizes required capability, scalability,
cost, and intelligence and cybersecurity requirements.
(2) Roles and responsibilities of the persons referred to in
subsection (a) in implementing and executing the plan.
(c) Consultation.--In conducting the assessment required under
subsection (a), the Principal Cyber Advisor shall consult with and
solicit recommendations from representative industry stakeholders
across the defense industrial base regarding the elements described in
subsection (b) and potential stakeholder costs of compliance.
(d) Briefing.--Upon completion of the assessment required under
subsection (a), the Principal Cyber Advisor shall provide a briefing to
the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives on the assessment.
SEC. 1737. ASSESSMENT ON DEFENSE INDUSTRIAL BASE PARTICIPATION IN A
THREAT INFORMATION SHARING PROGRAM.
(a) Defense Industrial Base Threat Information Program
Assessment.--Not later than 270 days after the date of the enactment of
this Act, the Secretary of Defense shall complete an assessment of the
feasibility, suitability, and definition of, and resourcing required to
establish, a defense industrial base threat information sharing program
to collaborate and share threat information with, and obtain threat
information from, the defense industrial base.
(b) Elements.--The assessment regarding the establishment of a
defense industrial base threat information sharing program under
subsection (a) shall include evaluation of the following:
(1) The feasibility and suitability of, and requirements for,
the establishment of a defense industrial base threat information
sharing program, including cybersecurity incident reporting
requirements applicable to the defense industrial base that--
(A) extend beyond mandatory cybersecurity incident
reporting requirements as in effect on the day before the date
of the enactment of this Act;
(B) set specific, consistent timeframes for all categories
of cybersecurity incident reporting;
(C) establish a single clearinghouse for all mandatory
cybersecurity incident reporting to the Department of Defense,
including incidents involving covered unclassified information,
and classified information; and
(D) provide that, unless authorized or required by another
provision of law or the element of the defense industrial base
making the report consents, nonpublic information of which the
Department becomes aware only because of a report provided
pursuant to the program shall be disseminated and used only for
a cybersecurity purpose (as such term is defined in section 102
of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501)) and in support of national defense activities.
(2) A mechanism for developing a shared and real-time picture
of the threat environment.
(3) Options for joint, collaborative, and co-located analytics.
(4) Possible investments in technology and capabilities to
support automated detection and analysis across the defense
industrial base.
(5) Coordinated information tipping, sharing, and
deconfliction, as necessary, with relevant Federal Government
agencies with similar information sharing programs.
(6) Processes for direct sharing of threat information related
to a specific defense industrial base entity with such entity.
(7) Mechanisms for providing defense industrial base entities
with clearances for national security information access, as
appropriate.
(8) Requirements to consent to queries of foreign intelligence
collection databases related to a specific defense industrial base
entity as a condition of participation in the threat information
sharing program.
(9) Recommendations with respect to threat information sharing
program participation, including the following:
(A) Incentives for defense industrial base entities to
participate in the threat information sharing program.
(B) Mandating minimum levels of threat information sharing
program participation for any entity that is part of the
defense industrial base.
(C) Procurement prohibitions on any defense industrial base
entity that are not in compliance with the requirements of the
threat information sharing program.
(D) Waiver authority and criteria.
(E) Adopting tiers of requirements for participation within
the threat information sharing program based on--
(i) the role of and relative threats related to defense
industrial base entities; and
(ii) Cybersecurity Maturity Model Certification level.
(10) Options to utilize an existing federally recognized
information sharing program to satisfy the requirement for a threat
information sharing program if--
(A) the existing program includes, or is modified to
include, two-way sharing of threat information that is
specifically relevant to the defense industrial base; and
(B) such a program is coordinated with other Federal
Government agencies with existing information sharing programs
where overlap occurs.
(11) Methods to encourage participation of defense industrial
base entities in appropriate private sector information sharing and
analysis centers (ISACs).
(12) Methods to coordinate collectively with defense industrial
base entities to consider methods for mitigating compliance costs.
(13) The resources needed, governance roles and structures
required, and changes in regulation or law needed for execution of
a threat information sharing program, as well as any other
considerations determined relevant by the Secretary.
(14) Identification of any barriers that would prevent the
establishment of a defense industrial base threat information
sharing program.
(c) Consultation.--In conducting the assessment required under
subsection (a), the Secretary of Defense shall consult with and solicit
recommendations from representative industry stakeholders across the
defense industrial base regarding the elements described in subsection
(b) and potential stakeholder costs of compliance.
(d) Determination and Briefing.--Upon completion of the assessment
required under subsection (a), the Secretary of Defense shall make a
determination regarding the establishment by the end of fiscal year
2021 of a defense industrial base threat information sharing program
and provide a briefing to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives
on--
(1) the findings of the Secretary with respect to such
assessment and such determination; and
(2) such implementation plans as the Secretary may have arising
from such findings.
(e) Implementation.--If the Secretary of Defense makes a positive
determination pursuant to subsection (d) of the feasibility and
suitability of establishing a defense industrial base threat
information sharing program, the Secretary shall establish such
program. Not later than 180 days after a positive determination, the
Secretary of Defense shall promulgate such rules and regulations as are
necessary to establish the defense industrial base threat information
sharing program under this section.
SEC. 1738. 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, including--
(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 two 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 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 each such report:
(A) The number of small manufacturers 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 such cybersecurity services.
(e) Termination.--The authority of the Secretary to award financial
assistance under this section shall terminate on the date that is five
years after the date of the enactment of this section.
(f) Definitions.--In this section:
(1) Center.--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) Small manufacturer.--The term ``small manufacturer'' has
the meaning given such term 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. 1739. ASSESSMENT ON DEFENSE INDUSTRIAL BASE CYBERSECURITY THREAT
HUNTING PROGRAM.
(a) Assessment Required.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall complete an
assessment of the feasibility, suitability, definition of, and
resourcing required to establish a defense industrial base
cybersecurity threat hunting program to actively identify cybersecurity
threats and vulnerabilities within the defense industrial base.
(b) Elements.--The assessment required under section (a) shall
include evaluation of the following:
(1) Existing defense industrial base cybersecurity threat
hunting policies and programs, including the threat hunting
elements at each level of the compliance-based Cybersecurity
Maturity Model Certification program of the Department of Defense,
including requirements germane to continuous monitoring, discovery,
and investigation of anomalous activity indicative of a
cybersecurity incident.
(2) The suitability of a continuous cybersecurity threat
hunting program, as a supplement to the cyber hygiene requirements
of the Cybersecurity Maturity Model Certification, including
consideration of the following:
(A) Collection and analysis of metadata on network activity
to detect possible intrusions.
(B) Rapid investigation and remediation of possible
intrusions.
(C) Requirements for mitigating any vulnerabilities
identified pursuant to the cybersecurity threat hunting
program.
(D) Mechanisms 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.
(3) Recommendations with respect to cybersecurity threat
hunting program participation of prime contractors and
subcontractors, including relating to the following:
(A) Incentives for defense industrial base entities to
share with the Department of Defense threat and vulnerability
information collected pursuant to threat monitoring and hunting
activities.
(B) Mandating minimum levels of program participation for
any defense industrial base entity.
(C) Procurement prohibitions on any defense industrial base
entity that is not in compliance with the requirements of the
cybersecurity threat hunting program.
(D) Waiver authority and criteria.
(E) Consideration of a tiered cybersecurity threat hunting
program that takes into account the following:
(i) The cybersecurity maturity of defense industrial
base entities.
(ii) The roles of such entities.
(iii) Whether each such entity possesses classified
information or controlled unclassified information and
covered defense networks.
(iv) The covered defense information to which each such
entity has access as a result of contracts with the
Department of Defense.
(4) Whether the continuous cybersecurity threat-hunting program
described in paragraph (2) should be conducted by--
(A) qualified prime contractors or subcontractors;
(B) accredited third-party cybersecurity vendors;
(C) with contractor consent--
(i) United States Cyber Command; or
(ii) a component of the Department of Defense other
than United States Cyber Command;
(D) the deployment of network sensing technologies capable
of identifying and filtering malicious network traffic; or
(E) a combination of the entities specified in
subparagraphs (A) through (D).
(5) The resources necessary, governance structures or changes
in regulation or law needed, and responsibility for execution of a
defense industrial base cybersecurity threat hunting program, as
well as any other considerations determined relevant by the
Secretary.
(6) A timelime for establishing the defense industrial base
cybersecurity threat hunting program not later than two years after
the date of the enactment of this Act.
(7) Identification of any barriers that would prevent such
establishment.
(c) Consultation.--In conducting the assessment required under
subsection (a), the Secretary of Defense shall consult with and solicit
recommendations from representative industry stakeholders across the
defense industrial base regarding the elements described in subsection
(b) and potential stakeholder costs of compliance.
(d) Determination and Briefing.--Upon completion of the assessment
required under subsection (a), the Secretary of Defense shall make a
determination regarding the establishment of a defense industrial base
cybersecurity threat hunting program and provide a briefing to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives on--
(1) the findings of the Secretary with respect to such
assessment and such determination; and
(2) such implementation plans as the Secretary may have arising
from such findings.
(e) Implementation.--If the Secretary of Defense makes a positive
determination pursuant to subsection (d) of the feasibility and
suitability of establishing a defense industrial base threat
cybersecurity threat hunting program, the Secretary shall establish
such program. Not later than 180 days after a positive determination,
the Secretary of Defense shall promulgate such rules and regulations as
are necessary to establish the defense industrial base cybersecurity
threat hunting program under this section.
SEC. 1740. 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 of the Defense Digital
Service.
(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, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on Oversight
and Reform of the House of Representatives 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.
(c) Briefing.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense and the Administrator
of the United States Digital Service shall provide 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 Oversight and Reform of the House of Representatives a
briefing on the relationship established in subsection (a).
SEC. 1741. MATTERS CONCERNING THE COLLEGE OF INFORMATION AND CYBERSPACE
AND LIMITATION OF FUNDING FOR NATIONAL DEFENSE UNIVERSITY.
(a) Prohibitions.--The Secretary of Defense may not--
(1) eliminate, divest, downsize, reorganize, or seek to reduce
the number of students educated at the College of Information and
Cyberspace of the National Defense University, or
(2) obligate or expend more than 60 percent of the funds
authorized to be appropriated by this Act for fiscal year 2021 for
the National Defense University,
until 60 days after the date on which the congressional defense
committees receive the report required by subsection (d).
(b) Assessment.--The Chairman of the Joint Chiefs of Staff, in
consultation with the Under Secretary of Defense for Policy, the Under
Secretary of Defense for Personnel and Readiness, the Principal Cyber
Advisor, the Principal Information Operations Advisor of the Department
of Defense, the Chief Information Officer of the Department, the Chief
Financial Officer of the Department, and the Commander of United States
Cyber Command, shall assess requirements for joint professional
military education and civilian leader education in the information
environment and cyberspace domain to support the Department and other
national security institutions of the Federal Government.
(c) Further Assessment, Determination, and Review.--The Under
Secretary of Defense for Policy, in consultation with the Under
Secretary of Defense for Personnel and Readiness, the Principal Cyber
Advisor, the Principal Information Operations Advisor of the Department
of Defense, the Chief Information Officer of the Department, the Chief
Financial Officer of the Department, the Chairman of the Joint Chiefs
of Staff, and the Commander of United States Cyber Command, shall--
(1) determine whether the importance, challenges, and
complexity of the modern information environment and cyberspace
domain warrant--
(A) a college at the National Defense University, a college
independent of the National Defense University whose leadership
is responsible to the Office of the Secretary of Defense, or an
independent public or private university; 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 Information and Cyberspace on January 1,
2019;
(2) review the plan proposed by the National Defense University
for eliminating the College of Information and Cyberspace and
reducing and restructuring the information and cyberspace faculty,
course offerings, joint professional military education and degree
and certificate programs, and other services provided by the
College and the effects of such changes on the military and
civilian personnel requirements of the cyber workforce;
(3) assess the changes made to the College of Information and
Cyberspace 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; and
(4) determine the Department of Defense's overall personnel
requirement for cyber and information educated military and
civilian personnel.
(d) Report Required.--Not later than March 1, 2021, the Secretary
shall present to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate a
briefing, and not later than May 1, 2021, the Secretary shall submit to
such committees a report, on--
(1) the findings of the Secretary with respect to the
assessments, determinations, and reviews conducted under
subsections (b) and (c); and
(2) such recommendations as the Secretary may have for higher
education needs in the information environment and cyberspace
domain.
SEC. 1742. DEPARTMENT OF DEFENSE CYBER HYGIENE AND CYBERSECURITY
MATURITY MODEL CERTIFICATION FRAMEWORK.
(a) Cyber Security Practices and Capabilities in the Department of
Defense.--
(1) In general.--Not later than March 1, 2021, the Secretary of
Defense, acting through the Chief Information Officer of the
Department of Defense and the Commander, Joint Forces Headquarters-
Department of Defense Information Network, shall assess each
Department component against the Cybersecurity Maturity Model
Certification (CMMC) framework and submit to the congressional
defense committees a report that identifies each such component's
CMMC level and implementation of the cybersecurity practices and
capabilities required in each of the levels of the CMMC framework.
The report shall include, for each component that does not achieve
at least level 3 status (referred to as ``good cyber hygiene'' in
CMMC Model ver. 1.02), a determination as to whether and details as
to how--
(A) such component will implement relevant security
measures to achieve a desired CMMC or other appropriate
capability and performance threshold prior to March 1, 2022;
and
(B) such component will mitigate potential risks until such
measures are implemented.
(2) Comptroller general report required.--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.
(b) Briefing 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 provide to the
congressional defense committees a briefing 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 Department of
Defense Cybersecurity Culture and Compliance Initiative (DC3I)
tasks;
(2) Department components develop plans with scheduled
completion dates to implement any remaining Cybersecurity
Discipline Implementation Plan (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 Defense Advanced Research Projects Agency
(DARPA), require their users to take Cyber Awareness Challenge
training; and
(6) 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.
(c) Cybersecurity Maturity Model Certification Funding
Limitation.--Of the funds authorized to be appropriated by this Act for
fiscal year 2021 for implementation of the CMMC, not more than 60
percent of such funds may be obligated or expended until the Under
Secretary of Defense for Acquisition and Sustainment delivers to the
congressional defense committees a plan for implementation of the CMMC
via requirements in procurement contracts, developed in coordination
with the Principal Cyber Advisor and the Chief Information Officer of
the Department of Defense. The plan shall include a timeline for pilot
activities, a description of the planned relationship between
Department of Defense and the auditing or accrediting bodies, a funding
and activity profile for the Defense Industrial Base Cybersecurity
Assessment Center, and a description of efforts to ensure that the
service acquisition executives and service program managers are
equipped to implement the CMMC requirements and facilitate contractors'
meeting relevant requirements.
SEC. 1743. 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. 1744. NATIONAL CYBER EXERCISES.
(a) Requirement.--Not later than December 31, 2023, the Secretary
of Homeland Security, in coordination with the Director of National
Intelligence, the Attorney General, and the Secretary of Defense, shall
conduct an exercise, which may be a tabletop exercise, to test the
resilience, response, and recovery of the United States to a
significant cyber incident impacting critical infrastructure. The
Secretary shall convene similar exercises not fewer than three times,
in consultation with such officials, until 2033.
(b) Planning and Preparation.--The exercises required under
subsection (a) shall be prepared by--
(1) appropriate personnel from--
(A) the Department of Homeland Security;
(B) the Department of Defense; and
(C) the Department of Justice; and
(2) appropriate elements of the intelligence community,
identified by the Director of National Intelligence.
(c) Submission to Congress.--For each fiscal year in which an
exercise is planned, the Secretary, in coordination with the Director
of National Intelligence, the Attorney General, and the Secretary of
Defense, shall submit to the appropriate congressional committees a
plan for the exercise not later than 180 days prior to the exercise.
Each such plan shall include information regarding the goals of the
exercise at issue, how the exercise is to be carried out, where and
when the exercise will take place, how many individuals are expected to
participate from each Federal agency specified in subsection (b), and
the costs or other resources associated with the exercise.
(d) Participants.--
(1) Federal government participants.--Appropriate personnel
from the following Federal agencies shall participate in each
exercise required under subsection (a):
(A) The Department of Homeland Security.
(B) The Department of Defense, as identified by the
Secretary of Defense.
(C) Elements of the intelligence community, as identified
by the Director of National Intelligence.
(D) The Department of Justice, as identified by the
Attorney General.
(E) Sector-specific agencies, as determined by the
Secretary of Homeland Security.
(2) State and local governments.--The Secretary shall invite
representatives from State, local, and Tribal governments to
participate in each exercise required under subsection (a) if the
Secretary determines such is appropriate.
(3) Private entities.--Depending on the nature of an exercise
being conducted under subsection (a), the Secretary, in
consultation with the senior representative of the sector-specific
agencies participating in such exercise in accordance with
paragraph (1)(E), shall invite the following individuals to
participate:
(A) Representatives from appropriate private entities.
(B) Other individuals whom the Secretary determines will
best assist the United States in preparing for, and defending
against, a significant cyber incident impacting critical
infrastructure.
(4) International partners.--Depending on the nature of an
exercise being conducted under subsection (a), the Secretary may,
in coordination with the Secretary of State, invite allies and
partners of the United States to participate in such exercise.
(e) Observers.--The Secretary may invite representatives from the
executive and legislative branches of the Federal Government to observe
an exercise required under subsection (a).
(f) Elements.--Each exercise required 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, control, and deconfliction of--
(A) operational responses through interagency coordination
processes and response groups; and
(B) each Federal agency participating in such exercise in
accordance with subsection (d)(1).
(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) Testing of the integration and interoperability between the
entities participating in the exercise in accordance with
subsection (d).
(5) Exercising the integration and interoperability of the
cybersecurity operation centers of the Federal Government, as
appropriate, in coordination with appropriate cabinet level
officials.
(g) Briefing.--
(1) In general.--Not later than 180 days after the date on
which each exercise required under subsection (a) is conducted, the
Secretary shall provide to the appropriate congressional committees
a briefing on the exercise.
(2) Contents.--Each briefing required under paragraph (1) shall
include--
(A) an assessment of the decision and response gaps
observed in the exercise at issue;
(B) proposed recommendations to improve the resilience,
response, and recovery of the United States to a significant
cyber attack against critical infrastructure; and
(C) appropriate plans to address the recommendations
proposed under subparagraph (B).
(h) 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.
(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;
(D) the Committee on Homeland Security of the House of
Representatives;
(E) the Select Committee on Intelligence of the Senate;
(F) the Permanent Select Committee on Intelligence of the
House of Representatives;
(G) the Committee on the Judiciary of the Senate;
(H) the Committee on the Judiciary of the House of
Representatives;
(I) the Committee on Commerce, Science, and Transportation
of the Senate;
(J) the Committee on Science, Space, and Technology of the
House of Representatives;
(K) the Committee on Foreign Relations of the Senate; and
(L) the Committee on Foreign Affairs of the House of
Representatives.
(2) Element of the intelligence community.--The term ``element
of the intelligence community'' means an element specified or
designated under section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(3) 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).
(4) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(5) 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).
(6) 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.
SEC. 1745. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY REVIEW.
(a) DHS Review.--
(1) In general.--In order to strengthen the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security, the Secretary of Homeland Security shall conduct a
comprehensive review of the ability of the Agency to fulfill--
(A) the missions of the Agency; and
(B) the recommendations detailed in the report issued by
the Cyberspace Solarium Commission under section 1652(k) of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232).
(2) Elements of review.--The review conducted under paragraph
(1) shall include the following elements:
(A) An assessment of how additional budget resources could
be used by the Cybersecurity and Infrastructure Security Agency
for projects and programs that--
(i) support the national risk management mission;
(ii) support public and private-sector cybersecurity;
(iii) promote public-private integration; and
(iv) provide situational awareness of cybersecurity
threats.
(B) A comprehensive force structure assessment of the
Cybersecurity and Infrastructure Security Agency, including--
(i) a determination of the appropriate size and
composition of personnel to accomplish the mission of the
Agency, as well as the recommendations detailed in the
report issued by the Cyberspace Solarium Commission under
section 1652(k) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232);
(ii) an assessment of whether existing personnel are
appropriately matched to the prioritization of threats in
the cyber domain and risks in critical infrastructure;
(iii) an assessment of whether the Agency has the
appropriate personnel and resources to--
(I) perform risk assessments, threat hunting,
incident response to support both private and public
cybersecurity;
(II) carry out the responsibilities of the Agency
related to the security of Federal information and
Federal information systems; and
(III) carry out the critical infrastructure
responsibilities of the Agency, including national risk
management; and
(iv) an assessment of whether current structure,
personnel, and resources of regional field offices are
sufficient in fulfilling agency responsibilities and
mission requirements.
(3) Submission of review.--Not later than one year after the
date of the enactment of this Act, the Secretary of Homeland
Security shall submit to Congress a report detailing the results of
the assessments required under paragraph (1), including
recommendations to address any identified gaps.
(b) General Services Administration Review.--
(1) In general.--The Administrator of the General Services
Administration shall--
(A) conduct a review of current Cybersecurity and
Infrastructure Security Agency facilities and assess the
suitability of such facilities to fully support current and
projected mission requirements nationally and regionally; 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
departments and agencies.
(2) Submission of review.--Not later than one year after the
date of the enactment of this Act, the Administrator of the General
Services Administration shall submit the review required under
subsection (a) to--
(A) the President;
(B) the Secretary of Homeland Security; and
(C) the Committee on Homeland Security and Governmental
Affairs, the Committee on Appropriations, and the Committee on
Environment and Public Work of the Senate, and the Committee on
Homeland Security, the Committee on Appropriations, the
Committee on Oversight and Reform, and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 1746. REPORT ON ENABLING UNITED STATES CYBER COMMAND RESOURCE
ALLOCATION.
(a) In General.--Not later than April 15, 2021, the Secretary of
Defense shall submit to the congressional defense committees a report
detailing the actions the Secretary will undertake to implement clauses
(ii) and (iii) of section 167b(d)(2) of title 10, United States Code,
including actions to ensure that the Commander of United States Cyber
Command has enhanced authority, direction, and control of the Cyber
Operations Forces and the equipment budget that enables Cyber
Operations Forces' operations and readiness, beginning with the budget
to be submitted to Congress by the President under section 1105(a) of
title 31, United States Code, for fiscal year 2024, and the budget
justification materials for the Department of Defense to be submitted
to Congress in support of such budget.
(b) Elements.--The report required by subsection (a) shall address
the following items:
(1) The procedures by which the Principal Cyber Advisor (PCA)
will exercise authority, direction, and oversight over the
Commander of United States Cyber Command, with respect to Cyber
Operations Forces-peculiar equipment and resources.
(2) The procedures by which the Commander of United States
Cyber Command will--
(A) prepare and submit to the Secretary program
recommendations and budget proposals for Cyber Operations
Forces and for other forces assigned to United States Cyber
Command; and
(B) exercise authority, direction, and control over the
expenditure of funds for--
(i) forces assigned to United States Cyber Command; and
(ii) Cyber Operations Forces assigned to other unified
combatant commands.
(3) Recommendations for actions to enable the Commander of
United States Cyber Command to execute the budget and acquisition
responsibilities of the Commander in excess of currently imposed
limits on the Cyber Operations Procurement Fund, including
potential increases in personnel to support the Commander.
(4) The procedures by which the Secretary will categorize and
track funding obligated or expended for Cyber Operations Forces-
peculiar equipment and capabilities.
(5) The methodology and criteria by which the Secretary will
characterize equipment as being Cyber Operations Forces-peculiar.
SEC. 1747. ENSURING CYBER RESILIENCY OF NUCLEAR COMMAND AND CONTROL
SYSTEM.
(a) Plan for Implementation of Findings and Recommendations From
First Annual Assessment of Cyber Resiliency of Nuclear Command and
Control System.--Not later than October 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees a
comprehensive plan, including a schedule and resourcing plan, for the
implementation of the findings and recommendations included in the
first report submitted under section 499(c)(3) of title 10, United
States Code.
(b) Concept of Operations and Oversight Mechanism for Cyber Defense
of Nuclear Command and Control System.--Not later than October 1, 2021,
the Secretary shall develop and establish--
(1) a concept of operations for defending the nuclear command
and control system against cyber attacks, including specification
of the--
(A) roles and responsibilities of relevant entities within
the Office of the Secretary, the military services, combatant
commands, the Defense Agencies, and the Department of Defense
Field Activities; and
(B) cybersecurity capabilities to be acquired and employed
and operational tactics, techniques, and procedures, including
cyber protection team and sensor deployment strategies, to be
used to monitor, defend, and mitigate vulnerabilities in
nuclear command and control systems; and
(2) an oversight mechanism or governance model for overseeing
the implementation of the concept of operations developed and
established under paragraph (1), related development, systems
engineering, and acquisition activities and programs, and the plan
required by subsection (a), including specification of the--
(A) roles and responsibilities of relevant entities within
the Office of the Secretary, the military services, combatant
commands, the Defense Agencies, and the Department of Defense
Field Activities in overseeing the defense of the nuclear
command and control system against cyber attacks;
(B) responsibilities and authorities of the Strategic
Cybersecurity Program in overseeing and, as appropriate,
executing--
(i) vulnerability assessments; and
(ii) development, systems engineering, and acquisition
activities; and
(C) processes for coordination of activities, policies, and
programs relating to the cybersecurity and defense of the
nuclear command and control system.
SEC. 1748. REQUIREMENTS FOR REVIEW OF AND LIMITATIONS ON THE JOINT
REGIONAL SECURITY STACKS ACTIVITY.
(a) Independent Review.--
(1) 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 not-for-profit entity or federally-funded
research and development center independent of the Department of
Defense to conduct a review of the Joint Regional Security Stacks
program.
(2) Matters for inclusion.--The review conducted under
paragraph (1) shall include each of the following:
(A) An assessment of the efficacy of the Joint Regional
Security Stacks program and how such program has been managed
and executed.
(B) An analysis of the capabilities and performance of the
program as compared to alternative solutions utilizing
commercial products and services.
(C) An evaluation of the program's ability to meet
Department of Defense performance metrics.
(D) An assessment of what measures would be required for
the program to meet future to meet cost and schedule
milestones, including training requirements.
(b) Baseline Review.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall undertake a
baseline review of the Joint Regional Security Stacks program.
(2) Elements.--The baseline review undertaken pursuant to
paragraph (1) shall determine whether the Joint Regional Security
Stacks program--
(A) should proceed as a program of record, with
modifications as specified in subsection (c), for exclusively
the Non-Classified Internet Protocol Network (NIPRNET) or for
such network and the Secret Internet Protocol Network
(SIPRNET); or
(B) should be phased out across the Department of Defense
with each of the Joint Regional Security Stacks replaced
through the institution of cost-effective and capable
networking and cybersecurity technologies, architectures, and
operational concepts within five years of the date of the
enactment of this Act.
(3) Incorporation.--The baseline review shall incorporate the
results of the review conducted under subsection (a).
(c) Plan to Transition to Program of Record.--If the Secretary of
Defense determines under subsection (b) that the Joint Regional
Security Stacks program should proceed, not later than October 1, 2021,
the Secretary shall develop a plan to transition such program to a
program of record, governed by standard Department of Defense
acquisition program requirements and practices, including the
following:
(1) Baseline operational requirements documentation.
(2) An acquisition strategy and baseline.
(3) A program office and responsible program manager, under the
oversight of the Under Secretary of Defense for Acquisition and
Sustainment and the Chief Information Officer of the Department of
Defense, responsible for pertinent doctrine, organization,
training, materiel, leadership and education, personnel, facilities
and policy matters, and the development of effective tactics,
techniques, and procedures.
(4) Manning and training requirements documentation.
(5) Operational test planning.
(d) Limitations.--
(1) Limitation on use of funds.--None of the funds authorized
to be appropriated by this Act may be used to field Joint Regional
Security Stacks on the Secret Internet Protocol Network in fiscal
year 2021.
(2) Limitation on operational deployment.--The Secretary of
Defense may not conduct an operational deployment of Joint Regional
Security Stacks to the Secret Internet Protocol Network in fiscal
year 2021.
(e) Submission to Congress.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense committees--
(1) the findings of the Secretary with respect to the baseline
review conducted pursuant to subsection (b);
(2) the plan developed under subsection (c), if any; and
(3) a proposal for the replacement of Joint Regional Security
Stacks, if the Secretary determines under subsection (b) that it
should be replaced.
SEC. 1749. IMPLEMENTATION OF INFORMATION OPERATIONS MATTERS.
(a) Limitation on Funding.--Of the amounts authorized to be
appropriated for fiscal year 2021 by section 301 for operation and
maintenance and available for the Office of the Secretary of Defense
for the travel of persons as specified in the table in section 4301--
(1) not more than 25 percent shall be available until the date
on which the report required by subsection (h)(1) of section 1631
of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) is submitted to the Committee on Armed Services
of the Senate and the Committee on Armed Services House of
Representatives; and
(2) not more than 75 percent shall be available until the date
on which the strategy and posture review required by subsection (g)
of such section is submitted to such committees.
(b) Requirements of Strategy and Posture Review.--Paragraph (1) of
section 1631(g) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 397 note)--
(1) in subparagraph (D), by striking the semicolon;
(2) in subparagraph (E), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) designate a Department of Defense entity to develop,
apply, and continually refine an assessment capability for
defining and measuring the impact of Department information
operations, which entity shall be organizationally independent
of Department components performing or otherwise engaged in
operational support to Department information operations.''.
SEC. 1750. REPORT ON USE OF ENCRYPTION BY DEPARTMENT OF DEFENSE
NATIONAL SECURITY SYSTEMS.
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 mission need and efficacy of full disk encryption across
Non-classified Internet Protocol Router Network (NIPRNet) and Secretary
Internet Protocol Router Network (SIPRNet) endpoint computer systems.
Such report shall cover matters relating to cost, mission impact, and
implementation timeline.
SEC. 1751. GUIDANCE AND DIRECTION ON USE OF DIRECT HIRING PROCESSES FOR
ARTIFICIAL INTELLIGENCE PROFESSIONALS AND OTHER DATA SCIENCE AND
SOFTWARE DEVELOPMENT PERSONNEL.
(a) Guidance Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall review
applicable Department of Defense guidance and where beneficial issue
new guidance to the secretaries of the military departments and the
heads of the defense components on improved use of the direct hiring
processes for artificial intelligence professionals and other data
science and software development personnel.
(b) Objective.--The objective of the guidance issued under
subsection (a) shall be to ensure that organizational leaders assume
greater responsibility for the results of civilian hiring of artificial
intelligence professionals and other data science and software
development personnel.
(c) Contents of Guidance.--At a minimum, the guidance required by
subsection (a) shall--
(1) instruct human resources professionals and hiring
authorities to utilize available direct hiring authorities
(including excepted service authorities) for the hiring of
artificial intelligence professionals and other data science and
software development personnel, to the maximum extent practicable;
(2) instruct hiring authorities, when using direct hiring
authorities, to prioritize utilization of panels of subject matter
experts over human resources professionals to assess applicant
qualifications and determine which applicants are best qualified
for a position;
(3) authorize and encourage the use of ePortfolio reviews to
provide insight into the previous work of applicants as a tangible
demonstration of capabilities and contribute to the assessment of
applicant qualifications by subject matter experts; and
(4) encourage the use of referral bonuses for recruitment and
hiring of highly qualified artificial intelligence professionals
and other data science and software development personnel in
accordance with volume 451 of Department of Defense Instruction
1400.25.
(d) Report.--
(1) In general.--Not later than one year after the date on
which the guidance is issued under subsection (a), the Secretary
shall submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a
report on the guidance issued pursuant to subsection (a).
(2) Contents.--At a minimum, the report submitted under
paragraph (1) shall address the following:
(A) The objectives of the guidance and the manner in which
the guidance seeks to achieve those objectives.
(B) The effect of the guidance on the hiring process for
artificial intelligence professionals and other data science
and software development personnel, including the effect on--
(i) hiring time;
(ii) the use of direct hiring authority;
(iii) the use of subject matter experts; and
(iv) the quality of new hires, as assessed by hiring
managers and organizational leaders.
SEC. 1752. 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.
(2) Position.--The Director shall hold office at the pleasure
of the President.
(3) Pay and allowances.--The Director shall be entitled to
receive the same pay and allowances as are provided for level II of
the Executive Schedule under section 5313 of title 5, United States
Code.
(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 policy and strategy relating to the coordination
of--
(i) information security and data protection;
(ii) programs and policies intended to improve the
cybersecurity posture of the United States;
(iii) efforts to understand and deter malicious cyber
activity;
(iv) efforts to increase the security of information
and communications technology and services and to promote
national supply chain risk management and vendor security;
(v) diplomatic and other efforts to develop norms and
international consensus around responsible state behavior
in cyberspace;
(vi) awareness and adoption of emerging technology that
may enhance, augment, or degrade the cybersecurity posture
of the United States; and
(vii) such other cybersecurity matters as the President
considers appropriate;
(B) offer advice and consultation to the National Security
Council and its staff, the Homeland Security Council and its
staff, and relevant Federal departments and agencies, for their
consideration, relating to the development and coordination of
national cyber policy and strategy, including the National
Cyber Strategy;
(C) lead the coordination of implementation of national
cyber policy and strategy, including the National Cyber
Strategy, by--
(i) in coordination with the heads of relevant Federal
departments or agencies, monitoring and assessing the
effectiveness, including cost-effectiveness, of the
implementation of such national cyber policy and strategy
by Federal departments and agencies;
(ii) making recommendations, relevant to changes in the
organization, personnel, and resource allocation and to
policies of Federal departments and agencies, to the heads
of relevant Federal departments and agencies in order to
implement such national cyber policy and strategy;
(iii) reviewing the annual budget proposals for
relevant Federal departments and agencies and advising the
heads of such departments and agencies whether such
proposals are consistent with such national cyber policy
and strategy;
(iv) continuously assessing and making relevant
recommendations to the President on the appropriate level
of integration and interoperability across the Federal
cyber centers;
(v) coordinating with the Attorney General, the Federal
Chief Information Officer, the Director of the Office of
Management and Budget, the Director of National
Intelligence, and the Director of the Cybersecurity and
Infrastructure Security Agency, on the streamlining of
Federal policies and guidelines, including with respect to
implementation of subchapter II of chapter 35 of title 44,
United States Code, and, as appropriate or applicable,
regulations relating to cybersecurity;
(vi) reporting annually to the President, the Assistant
to the President for National Security Affairs, and
Congress on the state of the cybersecurity posture of the
United States, the effectiveness of such national cyber
policy and strategy, and the status of the implementation
of such national cyber policy and strategy by Federal
departments and agencies; and
(vii) such other activity as the President considers
appropriate to further such national cyber policy and
strategy;
(D) lead coordination of the development and ensuring
implementation by the Federal Government of integrated incident
response to cyberattacks and cyber campaigns of significant
consequence, including--
(i) ensuring and facilitating coordination among
relevant Federal departments and agencies in the
development of integrated operational plans, processes, and
playbooks, including 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 cybersecurity posture of the United States;
(ii) ensuring the exercising of defensive operational
plans, processes, and playbooks for incident response;
(iii) ensuring the updating of defensive operational
plans, processes, and playbooks for incident response as
needed to keep them updated; and
(iv) reviewing and ensuring that defensive operational
plans, processes, and playbooks improve coordination with
relevant private sector entities, as appropriate;
(E) preparing the response by the Federal Government to
cyberattacks and cyber campaigns of significant consequence
across Federal departments and agencies with responsibilities
pertaining to cybersecurity and with the relevant private
sector entities, including--
(i) developing for the approval of the President, in
coordination with the Assistant to the President for
National Security Affairs and the heads of relevant Federal
departments and agencies, operational priorities,
requirements, and plans;
(ii) ensuring incident response is executed consistent
with the plans described in clause (i); and
(iii) ensuring relevant Federal department and agency
consultation with relevant private sector entities in
incident response;
(F) coordinate and consult with private sector leaders on
cybersecurity and emerging technology issues in support of, and
in coordination with, the Director of the Cybersecurity and
Infrastructure Security Agency, the Director of National
Intelligence, and the heads of other Federal departments and
agencies, as appropriate;
(G) annually report to Congress on cybersecurity threats
and issues facing the United States, including any new or
emerging technologies that may affect 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.--(A) The Director may--
(i) serve as the senior representative to any organization
that the President may establish for the purpose of providing
the President advice on cybersecurity;
(ii) subject to subparagraph (B), be included as a
participant in preparations for and, when appropriate, the
execution of domestic and international summits and other
international meetings at which cybersecurity is a major topic;
(iii) delegate any of the Director's functions, powers, and
duties to such officers and employees of the Office as the
Director considers appropriate; and
(iv) authorize such successive re-delegations of such
functions, powers, and duties to such officers and employees of
the Office as the Director considers appropriate.
(B) In acting under subparagraph (A)(ii) in the case of a
summit or a meeting with an international partner, the Director
shall act in coordination with the Secretary of State.
(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 functions of the Director 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 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) Rules of Construction.--Nothing in this section may be
construed as--
(1) modifying any authority or responsibility, including any
operational authority or responsibility of any head of a Federal
department or agency;
(2) authorizing the Director or any person acting under the
authority of the Director to interfere with or to direct a criminal
or national security investigation, arrest, search, seizure, or
disruption operation;
(3) amending a legal restriction that was in effect on the day
before the date of the enactment of this Act that requires a law
enforcement agency to keep confidential information learned in the
course of a criminal or national security investigation;
(4) authorizing the Director or any person acting under the
authority of the Director to interfere with or to direct a military
operation;
(5) authorizing the Director or any person acting under the
authority of the Director to interfere with or to direct any
diplomatic or consular activity;
(6) authorizing the Director or any person acting under the
authority of the Director to interfere with or to direct an
intelligence activity, resource, or operation; or
(7) authorizing the Director or any person acting under the
authority of the Director to modify the classification of
intelligence information.
(g) Definitions.--In this section:
(1) The term ``cybersecurity posture'' means the ability to
identify, to protect against, to detect, to respond to, and to
recover from an intrusion in an information system the compromise
of which could constitute a cyber attack or cyber campaign of
significant consequence.
(2) The term ``cyber attack and cyber campaign of significant
consequence'' means an incident or series of incidents that has the
purpose or effect of--
(A) causing a significant disruption to the
confidentiality, integrity, or 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) The term ``incident'' has the meaning given such term in
section 3552 of title 44, United States Code.
(4) The term ``incident response'' means a government or
private sector activity that detects, mitigates, or recovers from a
cyber attack or cyber campaign of significant consequence.
(5) The term ``information security'' has the meaning given
such term in section 3552 of title 44, United States Code.
(6) The term ``intelligence'' has the meaning given such term
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION
STATUTES
TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1801. Transfer and reorganization of defense acquisition statutes.
Subtitle A--Definitions
Sec. 1806. Definitions.
Sec. 1807. General matters.
Sec. 1808. Defense acquisition system.
Sec. 1809. Budgeting and appropriations.
Sec. 1810. Operational contract support.
Subtitle B--Acquisition Planning
Sec. 1811. Planning and solicitation generally.
Sec. 1812. Independent cost estimation and cost analysis.
Sec. 1813. Other provisions relating to planning and solicitation
generally.
Subtitle C--Contracting Methods and Contract Types
Sec. 1816. Awarding of contracts.
Sec. 1817. Specific types of contracts.
Sec. 1818. Other matters relating to awarding of contracts.
Sec. 1819. Undefinitized contractual actions.
Sec. 1820. Task and delivery order contracts.
Sec. 1821. Acquisition of commercial products and commercial services.
Sec. 1822. Multiyear contracts.
Sec. 1823. Simplified acquisition procedures.
Sec. 1824. Rapid acquisition procedures.
Sec. 1825. Contracts for long-term lease or charter of vessels,
aircraft, and combat vehicles.
Subtitle D--General Contracting Provisions
Sec. 1831. Cost or pricing data.
Sec. 1832. Allowable costs.
Sec. 1833. Proprietary contractor data and rights in technical data.
Sec. 1834. Contract financing.
Sec. 1835. Contractor audits and accounting.
Sec. 1836. Claims and disputes.
Sec. 1837. Foreign acquisitions.
Sec. 1838. Socioeconomic programs.
Subtitle E--Research and Engineering
Sec. 1841. Research and engineering generally.
Sec. 1842. Innovation.
Sec. 1843. Department of Defense laboratories.
Sec. 1844. Research and development centers and facilities.
Sec. 1845. Test and evaluation.
Subtitle F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development
Sec. 1846. General matters.
Sec. 1847. Major systems and major defense acquisition programs
generally.
Sec. 1848. Life-cycle and sustainment.
Sec. 1849. Program status-selected acquisition reports.
Sec. 1850. Cost growth--unit cost reports (Nunn-McCurdy).
Sec. 1851. Weapon systems development and related matters.
Subtitle G--Other Special Categories of Contracting
Sec. 1856. Acquisition of services generally.
Sec. 1857. Acquisition of information technology.
Subtitle H--Contract Management
Sec. 1861. Contract administration.
Sec. 1862. Prohibitions and penalties.
Sec. 1863. Contractor workforce.
Sec. 1864. Other administrative matters.
Subtitle I--Defense Industrial Base
Sec. 1866. Defense industrial base generally.
Sec. 1867. Policies and planning.
Sec. 1868. Development, application, and support of dual-use
technologies.
Sec. 1869. Manufacturing technology.
Sec. 1870. Other technology base policies and programs.
Sec. 1871. Small business programs.
Sec. 1872. Procurement technical assistance cooperative agreement
program.
Sec. 1873. Loan guarantee programs.
Subtitle J--Other Matters
Sec. 1876. Recodification of certain title 10 provisions relating to
contract financing for certain Navy contracts.
Sec. 1877. Recodification of title 10 statute on cadre of personnel who
are intellectual property experts.
Sec. 1878. Transfer of title 10 section relating to notification of Navy
procurement production disruptions.
Sec. 1879. Transfer of title 10 section relating to energy security.
Sec. 1880. Part IV heading.
Sec. 1881. Repeal of chapters 137, 139, 144, and 148.
Sec. 1882. Revision of chapter 141.
Sec. 1883. References.
Sec. 1884. Savings provisions.
Sec. 1885. Rule of construction.
SEC. 1801. TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES.
(a) Activities.--Not later than February 1, 2021, the Secretary of
Defense shall establish a process to engage interested parties and
experts from the public and private sectors, as determined appropriate
by the Secretary, in a comprehensive review of this title and the
amendments made by this title.
(b) Assessment and Report.--Not later than March 15, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report evaluating this title and the amendments made by
this title that shall include the following elements:
(1) Specific recommendations for modifications to the
legislative text of this title and the amendments made by this
title, along with a list of conforming amendments to law required
by this title and the amendments made by this title.
(2) A summary of activities conducted pursuant to the process
established under subsection (a), including an assessment of the
effect of this title and the amendments made by this title on
related Department of Defense activities, guidance, and interagency
coordination.
(3) An implementation plan for updating the regulations and
guidance relating to this title and the amendments made by this
title that contains the following elements:
(A) A description of how the plan will be implemented.
(B) A schedule with milestones for the implementation of
the plan.
(C) A description of the assignment of roles and
responsibilities for the implementation of the plan.
(D) A description of the resources required to implement
the plan.
(E) A description of how the plan will be reviewed and
assessed to monitor progress.
(4) Such other items as the Secretary considers appropriate.
(d) Enactment and Implementation.--
(1) Delayed enactment.--Except as specifically provided, this
title and the amendments made by this title shall take effect on
January 1, 2022.
(2) Delayed implementation.--Not later than January 1, 2023,
the Secretary of Defense shall take such action as necessary to
revise or modify the Department of Defense Supplement to the
Federal Acquisition Regulation and other existing authorities
affected by the enactment of this title and the amendments made by
this title.
(3) Applicability.--
(A) In general.--The Secretary of Defense shall apply the
law as in effect on December 31, 2021, with respect to
contracts entered into during the covered period.
(B) Covered period defined.--In this paragraph, the term
``covered period'' means the period beginning on January 1,
2022, and ending on the earlier of--
(i) the date on which the Secretary of Defense revises
or modifies authorities pursuant to paragraph (2); or
(ii) January 1, 2023.
Subtitle A--Definitions
SEC. 1806. DEFINITIONS.
(a) New Chapter.--
(1) New subchapter.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232), is amended by striking chapter 201 and inserting the
following:
``CHAPTER 201--DEFINITIONS
``Subchapter
Sec.
``I. Definitions Relating to Defense Acquisition System Generally. 3001
``II. Definitions Applicable to Procurement Generally............. 3011
``III. Definitions Relating to Major Systems and Major Defense
Acquisition Programs.............................................. 3041
``SUBCHAPTER I--DEFINITIONS RELATING TO DEFENSE ACQUISITION SYSTEM
GENERALLY
``Sec.
``3001. Defense acquisition system; element of the defense acquisition
system.
``3002. Federal Acquisition Regulation.
``3003. Defense Federal Acquisition Regulation Supplement.
``3004. Head of an agency.
``3005. Service chief concerned.
``3006. Acquisition workforce.
``Sec. 3001. Defense acquisition system; element of the defense
acquisition system
``Sec. 3002. Federal Acquisition Regulation
``Sec. 3003. Defense Federal Acquisition Regulation Supplement
``[Reserved].
``Sec. 3004. Head of an agency
``Sec. 3005. Service chief concerned
``[Reserved].
``Sec. 3006. Acquisition workforce
``For the definition of the term `acquisition workforce' for the
purposes of this part, see section 101(a)(18) of this title.''.
(2) Transfer of section 2545(2).--Paragraph (2) of section 2545
of title 10, United States Code, is transferred to section 3001 of
such title, as added by paragraph (1), inserted after the section
heading, redesignated as subsection (a), realigned 2 ems to the
left, and amended--
(A) by striking ``The term'' and inserting ``Defense
Acquisition System.--In this part, the term'';
(B) by striking ``means the'' and inserting ``means--
``(1) the'';
(C) by striking ``of Defense; the management'' and
inserting ``of Defense;
``(2) the management''; and
(D) by striking ``of Defense; and the'' and inserting ``of
Defense; and
``(3) the''.
(3) Transfer of section 2545(3).--Paragraph (3) of section 2545
of title 10, United States Code, is transferred to section 3001 of
such title, as added by paragraph (1), inserted after subsection
(a), as transferred and redesignated by paragraph (2), redesignated
as subsection (b), realigned 2 ems to the left, and amended--
(A) by striking ``The term'' and inserting ``Element of the
Defense Acquisition System.--In this part, the term'';
(B) by striking ``organization that employs'' and inserting
``organization that--
``(1) employs'';
(C) by striking ``workforce, carries out'' and inserting
``workforce;
``(2) carries out''; and
(D) by striking ``functions, and focuses'' and inserting
``functions; and
``(3) focuses''.
(4) Transfer of section 2545(1).--Paragraph (1) of section 2545
of title 10, United States Code, is transferred to section 3001 of
such title, as added by paragraph (1), inserted after subsection
(b), as transferred and redesignated by paragraph (3), redesignated
as subsection (c), realigned 2 ems to the left, and amended by
striking ``The term'' and inserting ``Acquisition.--In this
section, the term''.
(5) Transfer of section 2302(6).--Paragraph (6) of section 2302
of title 10, United States Code, is transferred to section 3002 of
such title, as added by paragraph (1), inserted after the section
heading, realigned 2 ems to the left, and amended--
(A) by striking the paragraph designation; and
(B) by striking ``The term'' and inserting ``In this part,
the term''.
(6) Transfer of section 2302(1).--Paragraph (1) of section 2302
of title 10, United States Code, is transferred to section 3004 of
such title, as added by paragraph (1), inserted after the section
heading, realigned 2 ems to the left, and amended--
(A) by striking the paragraph designation; and
(B) by striking ``The term'' and inserting ``In this part,
the term''.
(b) New Subchapter II.--
(1) In general.--Such chapter is further amended by adding at
the end the following new subchapter:
``SUBCHAPTER II--DEFINITIONS APPLICABLE TO PROCUREMENT GENERALLY
``Sec.
``3011. Definitions incorporated from title 41.
``3012. Competitive procedures.
``3013. Technical data.
``3014. Nontraditional defense contractor.
``3015. Simplified acquisition threshold.
``3016. Chapter 137 legacy provisions.
``Sec. 3011. Definitions incorporated from title 41
``Sec. 3012. Competitive procedures
``Sec. 3013. Technical data
``Sec. 3014. Nontraditional defense contractor
``Sec. 3015. Simplified acquisition threshold''.
(2) Transfer of 2302(3).--Paragraph (3) of section 2302 of such
title is transferred to section 3011 of such title, as added by
paragraph (1), inserted after the section heading, realigned 2 ems
to the left, and amended--
(A) by striking the paragraph designation;
(B) by striking ``The following'' and inserting ``In any
chapter 137 legacy provision, the following''; and
(C) by redesignating subparagraphs (A) through (M) as
paragraphs (1) through (13), respectively.
(3) Transfer of 2302(2).--Paragraph (2) of section 2302 of such
title is transferred to section 3012 of such title, as added by
paragraph (1), inserted after the section heading, realigned 2 ems
to the left, and amended--
(A) by striking the paragraph designation;
(B) by striking ``The term'' and inserting ``In this part,
the term'';
(C) by redesignating subparagraphs (A), (B), (C), (D), and
(E) as paragraphs (1), (2), (3), (4), and (5), respectively;
and
(D) by redesignating clauses (i) and (ii) of paragraph (3),
as so redesignated, as subparagraphs (A) and (B), respectively.
(4) Transfer of 2302(4).--Paragraph (4) of section 2302 of such
title is transferred to section 3013 of such title, as added by
paragraph (1), inserted after the section heading, realigned 2 ems
to the left, and amended--
(A) by striking the paragraph designation; and
(B) by striking ``The term'' and inserting ``In any chapter
137 legacy provision, the term''.
(5) Transfer of 2302(9).--Paragraph (9) of section 2302 of such
title is transferred to section 3014 of such title, as added by
paragraph (1), inserted after the section heading, realigned 2 ems
to the left, and amended--
(A) by striking the paragraph designation;
(B) by striking ``The term'' and inserting ``In this part,
the term''; and
(C) by striking ``section 2371(a) or 2371b'' and inserting
``section 4002(a) or 4003''.
(6) Transfer of 2302(7) & (8).--Paragraphs (7) and (8) of
section 2302 of such title are transferred to section 3015 of such
title, as added by paragraph (1), and redesignated as paragraphs
(1) and (2), respectively, and such section is further amended by
inserting before paragraph (1), as so redesignated, the following:
``In this part:''.
(7) Chapter 137 legacy provisions defined.--Subchapter II of
such chapter, as added by paragraph (1), is further amended by
adding at the following new section:
``Sec. 3016. Chapter 137 legacy provisions
``In this part, the term `chapter 137 legacy provisions' means the
following sections of this title: sections 3002, 3004, 3011-3015, 3041,
3063-3069, 3134, 3151-3157, 3201-3208, 3221-3227, 3241, 3243, 3249,
3252, 3301-3309, 3321-3323, 3344, 3345, 3371-3375, 3377, 3401, 3403,
3405, 3406, 3501-3511, 3531-3535, 3571, 3572, 3573, 3701-3708, 3741-
3750, 3761, 3771-3775, 3781-3786, 3791, 3794, 3801-3807, 3841, 3842,
3847, 3881, 3901, 3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506,
4507, 4576, 4657, 4660, 4751, 4752, and 8751.''.
(c) New Subchapter III.--
(1) In general.--Such chapter is further amended by adding
after subchapter II, as added by subsection (b), the following new
subchapter:
``SUBCHAPTER III--DEFINITIONS RELATING TO MAJOR SYSTEMS AND MAJOR
DEFENSE ACQUISITION PROGRAMS
``Sec.
``3041. Major system.
``3042. Major defense acquisition program.
``Sec. 3041. Major system
``Sec. 3042. Major defense acquisition program
``For the definition of the term `major defense acquisition
program' for purposes of this part, see section 4201 of this title.''.
(2) Transfer of 2302(5).--Paragraph (5) of section 2302 of such
title is transferred to section 3041 of such title, as added by
paragraph (1), inserted after the section heading, realigned 2 ems
to the left, redesignated as subsection (a), and amended--
(A) by striking ``The term'' and inserting ``In General.--
In this part (other than in sections 4292(e) and 4321), the
term'';
(B) by designating the third sentence as subsection (b);
(C) in subsection (b), as so designated--
(i) by inserting ``System Considered to Be a Major
System.--'' before ``A system shall be''; and
(ii) by striking ``system if (A)'' and all that follows
and inserting ``system if--
``(1) the conditions of subsection (c) or (d), as applicable,
are satisfied; or
``(2) the system is designated a `major system' by the head of
the agency responsible for the system.''.
(3) Transfer of 2302d(a) and (b).--Subsections (a) and (b) of
section 2302d of such title are transferred to section 3041 of such
title, as amended by paragraph (2), inserted after subsection (b),
as designated by paragraph (2)(B), redesignated as subsections (c)
and (d), respectively, and amended--
(A) by striking ``section 2302(5) of this title'' in both
subsections and inserting ``subsection (b)''; and
(B) in subsection (c), as so redesignated--
(i) by striking ``Systems.--For purposes of'' and
inserting ``Systems.--
``(1) In general.--For purposes of'';
(ii) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(iii) by adding at the end the following new paragraph:
``(2) Adjustment authority.--Authority for the Secretary of
Defense to adjust amounts and the base fiscal year in effect under
this subsection is provided in section 4202(b) of this title.''.
(d) Conforming Repeal.--Section 2302 of title 10, United States
Code, is repealed.
(e) Conforming Cross-reference Amendments.--
(1) Head of an agency.--The following provisions of law are
amended by striking ``section 2302(1)'' and inserting ``section
3004'':
(A) Section 2218(k)(4) of title 10, United States Code.
(B) Section 2646(c)(1) of title 10, United States Code.
(2) Major system.--The following provisions of law are amended
by striking ``section 2302(5)'' and inserting ``section 3041'':
(A) Section 933(e)(1)(A) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10
U.S.C. 2224 note).
(B) Section 932(b)(1) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 2224 note).
(C) Section 254(f)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 2302 note).
(D) Section 812(k) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2302 note).
(E) Section 4471(f)(1) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10
U.S.C. 2501 note).
(3) Nontraditional defense contractor.--The following
provisions of law are amended by striking ``section 2302(9)'' or
``section 2302'', as the case may be, and inserting ``section
3014'':
(A) Section 1110(b)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 1701 note).
(B) Section 217(e)(2)(D) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2222 note).
(C) Section 843(c)(4) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. 2302 note).
(D) Section 884(e)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2302
note).
(E) Section 866(e)(3) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 2302 note).
(F) Section 831(o)(2)(H)(i) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10
U.S.C. 2302 note).
(4) Significant nonmajor defense acquisition program.--Section
1737(a)(3) of title 10, United States Code, is amended by striking
``section 2302(5)(A)'' both places it appears and inserting
``section 3041(b)(1)''.
(5) Simplified acquisition threshold.--Section 801(f)(4) of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2304 note) is amended by striking ``section
2302(7)'' and inserting ``section 3015(a)'':
SEC. 1807. GENERAL MATTERS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 203 and inserting the following:
``CHAPTER 203--GENERAL MATTERS
``Sec.
``3061. [Reserved].
``3062. Regulations.
``3063. Covered agencies.
``3064. Applicability chapter 137 legacy provisions.
``3065. Assignment and delegation of procurement functions and
responsibilities: delegation within agency.
``3066. Assignment and delegation of procurement functions and
responsibilities: procurements for or with other agencies.
``3067. Approval required for military department termination or
reduction in participation in joint acquisition programs.
``3068. Inapplicability of certain laws.
``3069. Buy-to-budget acquisition: end items.
``3070. Limitation on acquisition of excess supplies.
``3071. [Reserved].
``3072. Comptroller General assessment of acquisition programs and
initiatives.''.
(b) Section 2202 of Title 10 (partial).--
(1) In general.--Chapter 203 of title 10, United States Code,
as amended by subsection (a), is amended by inserting after the
table of sections the following new sections:
``Sec. 3062. Regulations
``The Secretary of Defense shall prescribe regulations governing
the performance within the Department of Defense of the procurement
functions, and related functions, of the Department of Defense.''.
(2) Conforming amendments.--
(A) Section 2202 of title 10, United States Code, is
amended by striking ``procurement,''.
(B) The heading of such section, and the item relating to
such section in the table of sections at the beginning of
chapter 131 of such title, are amended by striking the third
word and the comma following that word.
(c) Section 2303 of Title 10.--
(1) In general.--Chapter 203 of title 10, United States Code,
is amended by adding after section 3062, as added by subsection
(b), the following new sections:
``Sec. 3063. Covered agencies
``For purposes of any provision of law referring to this section,
the agencies named in this section are the following:
``Sec. 3064. Applicability of chapter 137 legacy provisions''.
(2) Transfer of list of covered agencies.--Paragraphs (1)
through (6) of section 2303(a) of title 10, United States Code, are
transferred to the end of section 3063 of such title, as added by
paragraph (1).
(3) Transfer of applicability provisions.--Subsection (a) (as
amended by paragraph (2)) and subsection (b) of section 2303 of
such title are transferred to section 3064 of such title, as added
by paragraph (1), inserted after the section heading, and amended--
(A) in subsection (a)--
(i) by striking ``This chapter'' and inserting
``General Applicability.--Any provision of this part that
is a chapter 137 legacy provision;''
(ii) by striking ``of the following agencies'' and
inserting ``by any of the agencies named in section 3063 of
this title''; and
(iii) by striking the colon after ``funds'' and
inserting a period; and
(B) in subsection (b), by striking ``The provisions of this
chapter'' and inserting ``Applicability to Contracts for
Installation or Alteration.--The provisions of this part that
are chapter 137 legacy provisions''.
(4) Conforming repeal.--Section 2303 of title 10, United States
Code, is repealed.
(d) Transfer of Section 2311 of Title 10.--
(1) Transfer.--Section 2311 of title 10, United States Code, is
transferred to chapter 203 of such title, inserted after section
3064, as added by subsection (c), and redesignated as section 3065.
(2) Division into three sections.--The text transferred and
redesignated by paragraph (1) is amended--
(A) by inserting after subsection (a) the following new
section heading:
``Sec. 3066. Assignment and delegation of procurement functions and
responsibilities: procurements for or with other agencies'';
(B) by inserting after subsection (b) the following new
section heading:
``Sec. 3067. Approval required for military department termination or
reduction in participation in joint acquisition programs'';
(C) in section 3065, as so redesignated--
(i) by striking ``(a) In General.--''; and
(ii) by striking ``under this chapter'' and inserting
``under any provision of this part that is a chapter 137
legacy provision'';
(D) in section 3066, as so designated--
(i) by striking ``(b) Procurements for or With Other
Agencies.--Subject to subsection (a)'' and inserting
``Subject to section 3065 of this title'';
(ii) by striking ``covered by this chapter'' and
inserting ``covered by any provision of this part that is a
chapter 137 legacy provision''; and
(iii) by striking ``section 2303'' and inserting
``section 3063''; and
(E) in section 3067, as so designated--
(i) by redesignating subsection (c) as subsection (a);
(ii) by striking ``(1)'';
(iii) by redesignating paragraph (2) as subsection (b)
and inserting ``Required Content of Regulations.--'' before
``The regulations''; and
(iv) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(3) Conforming amendment.--The heading of section 3065, as
transferred and redesignated by paragraph (1), is amended to read
as follows:
``Sec. 3065. Assignment and delegation of procurement functions and
responsibilities: delegation within agency''.
(e) Transfer and Consolidation of Sections 2314 & 2315 of Title
10.--
(1) New section.--Chapter 203 of title 10, United States Code,
is amended by adding after section 3067, as designated by
subsection (d), the following new section:
``Sec. 3068. Inapplicability of certain laws''.
(2) Transfer of section 2314.--The text of section 2314 of such
title is transferred to section 3068, as added by paragraph (1),
inserted after the section heading, designated as subsection (a),
and amended--
(A) by inserting ``Laws Inapplicable to Agencies Named in
Section 3063.--'' before ``Sections''; and
(B) by striking ``section 2303'' and inserting ``section
3063 of this title''.
(3) Transfer of section 2315.--The text of section 2315 of such
title is transferred to section 3068, as added by paragraph (1),
inserted after subsection (a), as transferred and designated by
paragraph (2), designated as subsection (b), and amended by
inserting ``Laws Inapplicable to Procurement of Automatic Data
Processing Equipment and Services for Certain Defense Purposes.--''
before ``Sections''.
(4) Conforming repeals.--Sections 2314 and 2315 of title 10,
United States Code, are repealed.
(f) Transfer of Section 2308.--Section 2308 of title 10, United
States Code, is transferred to chapter 203 of such title, inserted
after section 3068, as added by subsection (e), redesignated as section
3069, and amended by striking ``section 2304'' in subsection (b)(2) and
inserting ``sections 3201 through 3205''.
(g) Transfer of Sections 2213 and 2229b.--
(1) Transfer.--Sections 2213 and 2229b of such title are
transferred to chapter 203 of such title, inserted after section
3069, as transferred and redesignated by subsection (f), and
redesignated as sections 3070 and 3072, respectively.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 131 of such title is amended by striking the items
relating to section 2213 and 2229b.
SEC. 1808. DEFENSE ACQUISITION SYSTEM.
(a) Transfer of Chapter 149.--
(1) Transfer of chapter.--Chapter 149 of title 10, United
States Code, is transferred to part V of subtitle A of that title,
as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
inserted in place of chapter 205 as enacted by that section, and
redesignated as chapter 205.
(2) Redesignation of sections.--Sections in chapter 205 of
title 10, United States Code, as transferred and redesignated by
paragraph (1), are redesignated as follows:
----------------------------------------------------------------------------------------------------------------
New Section
Old Section No. No.
----------------------------------------------------------------------------------------------------------------
2545 3101
2546 3103
2546a 3102
2547 3104
2548 3105
----------------------------------------------------------------------------------------------------------------
(3) Revision of order of sections.--
(A) Section 3102 of such title, as redesignated by
paragraph (2), is transferred within such section so as to
appear after section 3101, as so redesignated.
(B) The items in the table of sections at the beginning of
such chapter, as transferred by paragraph (1), are amended to
conform to the redesignations made by paragraph (2) and the
transfer made by subparagraph (A).
(4) Tables of chapters.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part IV of
subtitle A, of title 10, United States Code, are amended by
striking the item relating to chapter 149.
(b) Amendments to Transferred Sections.--
(1) Section 3101.--Section 3101 of title 10, United States
Code, as redesignated by subsection (a)(2), is amended--
(A) by striking ``chapter:
``(1) The'' and
inserting ``chapter, the''; and
(B) by striking paragraphs (2), (3), and (4).
(2) Section 3104.--Section 3104 of title 10, United States
Code, as redesignated by subsection (a)(2), is amended--
(A) in subsection (b)(1), by striking ``section 2448a(a)''
and inserting ``section 4271(a)'';
(B) in subsection (b)(2)(B), by striking ``section 2366a''
and inserting ``section 4251'';
(C) in subsection (b)(2)(C), by striking ``section 2366b''
and inserting ``section 4252''; and
(D) in subsection (d)(3), by striking ``section
2446a(b)(5)'' and inserting ``section 4401(b)(5)''.
(3) Section 3105.--Section 3105 of title 10, United States
Code, as redesignated by subsection (a)(2), is amended in
subsection (b)(2)(B)(i) by striking ``section 2306a'' and inserting
``sections 3701 through 3708''.
(c) Division of Current 2548 Into Two Sections.--
(1) New section.--Such chapter is further amended--
(A) by inserting after subsection (c) of such section 3105,
as redesignated by subsection (a)(2), the following new section
heading:
``Sec. 3106. Elements of the defense acquisition system: performance
goals''; and
(B) by redesignating subsections (d) and (e) as subsections
(a) and (b), respectively.
(2) Conforming amendment to new 3105 heading.--The heading of
such section 3105 is amended to read as follows:
``Sec. 3105. Elements of the defense acquisition system: performance
assessments''.
(3) Clerical amendment.--The table of sections at the beginning
of chapter 205 of such title, as amended by subsection (a)(3), is
further amended by striking the item relating to section 3105 and
inserting the following new items:
``3105. Elements of the defense acquisition system: performance
assessments.
``3106. Elements of the defense acquisition system: performance goals''.
(d) Cross-reference Amendments.--
(1) Section 129a(c)(3) of title 10, United States Code, is
amended by striking ``section 2545'' and inserting ``section
3001''.
(2) Section 1701a of such title is amended by striking
``chapter 149'' and inserting ``chapter 205''.
SEC. 1809. BUDGETING AND APPROPRIATIONS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 207 and inserting the following:
``CHAPTER 207--BUDGETING AND APPROPRIATIONS
``Sec.
``3131. Availability of appropriations.
``3132. Availability of appropriations for procurement of technical
military equipment and supplies.
``3133. Contracts for periods crossing fiscal years: severable service
contracts; leases of real or personal property.
``3134. Allocation of appropriations.
``3135. Comparable budgeting for common procurement weapon systems.
``3136. Defense Modernization Account.
``3137. Procurement of contract services: specification of amounts
requested in budget.
``3138. Obligations for contract services: reporting in budget object
classes.''.
(b) Transfer of Section 2351.--Section 2351 of title 10, United
States Code, is transferred to chapter 207 of such title, as amended by
subsection (a), inserted after the table of sections, and redesignated
as section 3131.
(c) Transfer of Section 2395.--Section 2395 of title 10, United
States Code, is transferred to chapter 207 of such title, as amended by
subsection (a), inserted after section 3131, as transferred and
redesignated by subsection (b), and redesignated as section 3132.
(d) Transfer of Section 2410a.--Section 2410a of title 10, United
States Code, is transferred to chapter 207 of such title, as amended by
subsection (a), inserted after section 3132, as transferred and
redesignated by subsection (c), and redesignated as section 3133.
(e) Transfer of Section 2309.--
(1) Transfer.--Section 2309 of title 10, United States Code, is
transferred to chapter 207 of such title, as amended by subsection
(a), added after section 3133, as transferred and redesignated by
subsection (d), and redesignated as section 3134.
(2) Amendments.--Such section is amended--
(A) in subsection (a), by striking ``named in section
2303'' and inserting ``named in section 3063''; and
(B) by adding at the end the following new subsection:
``(c) For purposes of sections 3064 and 3066 of this title, this
section shall be deemed to be a section of chapter 137 of this
title.''.
(f) Transfer of Section 2217.--
(1) Transfer.--Section 2217 of title 10, United States Code, is
transferred to chapter 207 of such title, as amended by subsection
(a), added after section 3134, as transferred and redesignated by
subsection (e), and redesignated as section 3135.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 131 of such title is amended by striking the item
relating to section 2217.
(g) Transfer of Section 2216.--
(1) Transfer.--Section 2216 of title 10, United States Code, is
transferred to chapter 207 of such title, as amended by subsection
(a), added after section 3135, as transferred and redesignated by
subsection (f), and redesignated as section 3136.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 131 of such title is amended by striking the item
relating to section 2216.
(h) Transfer of Section 235.--
(1) Transfer.--Section 235 of title 10, United States Code, is
transferred to chapter 207 of such title, as amended by subsection
(a), added after section 3136, as transferred and redesignated by
subsection (g), and redesignated as section 3137.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 9 of such title is amended by striking the item relating
to section 235.
(i) Transfer of Section 2212.--
(1) Transfer.--Section 2212 of title 10, United States Code, is
transferred to chapter 207 of such title, as amended by subsection
(a), added after section 3137, as transferred and redesignated by
subsection (h), and redesignated as section 3138.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 131 of such title is amended by striking the item
relating to section 2212.
SEC. 1810. OPERATIONAL CONTRACT SUPPORT.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 209 and inserting the following:
``CHAPTER 209--OPERATIONAL CONTRACT SUPPORT
``Subchapter
Sec.
``I. Joint Policies on Requirements Definition, Contingency
Program Management, and Contingency Contracting................... 3151
``II. Other Provisions Relating to Operational Contract Support... 3171
``SUBCHAPTER I--JOINT POLICIES ON REQUIREMENTS DEFINITION, CONTINGENCY
PROGRAM MANAGEMENT, AND CONTINGENCY CONTRACTING
``Sec.
``3151. Joint policy requirement.
``3152. Requirements definition matters covered.
``3153. Contingency program management matters covered.
``3154. Contingency contracting matters covered.
``3155. Training for personnel outside acquisition workforce.
``3156. Mission readiness exercises.
``3157. Definitions; applicability.
``Sec. 3151. Joint policy requirement
``Sec. 3152. Requirements definition matters covered
``Sec. 3153. Contingency program management matters covered
``Sec. 3154. Contingency contracting matters covered
``Sec. 3155. Training for personnel outside acquisition workforce
``Sec. 3156. Mission readiness exercises
``Sec. 3157. Definitions; applicability
``In this subchapter:''.
(b) Transfer of Section 2333.--Provisions of section 2333 of title
10, United States Code, are transferred to chapter 209 of such title,
as amended by subsection (a), as follows:
(1) Subsection (a).--Subsection (a) of such section 2333 is
transferred to such chapter, inserted after the heading for section
3151, and amended by striking the subsection designation and
subsection heading.
(2) Subsection (b).--Subsection (b) of such section 2333 is
transferred to such chapter, inserted after the heading for section
3152, and amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by striking ``subsection (a)'' and inserting ``section
3151 of this title''.
(3) Subsection (c).--Subsection (c) of such section 2333 is
transferred to such chapter, inserted after the heading for section
3153, and amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by striking ``subsection (a)'' and inserting ``section
3151 of this title''.
(4) Subsection (d).--Subsection (d) of such section 2333 is
transferred to section 3154 of such chapter, as added by subsection
(a), inserted after the section heading, redesignated as subsection
(a), and amended--
(A) by striking ``Contingency Contracting Matters
Covered.--(1)'' and inserting ``In General.--'';
(B) by redesignating paragraph (2) as subsection (b) and
inserting ``Interagency Plans.--'' in that subsection before
``To the extent'';
(C) by striking ``subsection (a)'' both places it appears
and inserting ``section 3151 of this title''; and
(D) in subsection (a), as so redesignated--
(i) by redesignating subparagraphs (A) through (F) as
paragraphs (1) through (6), respectively; and
(ii) by redesignating clauses (i) through (iv) of
paragraph (4) (as so redesignated) as subparagraphs (A)
through (D), respectively.
(5) Subsection (e).--Subsection (e) (other than paragraph (3))
of such section 2333 is transferred to section 3155 of such
chapter, as added by subsection (a), inserted after the section
heading, redesignated as subsection (a), and amended--
(A) by striking ``Training for Personnel Outside
Acquisition Workforce.--(1)'' and inserting ``Required
Training.--'';
(B) by striking ``subsection (a)'' and inserting ``section
3151 of this title''; and
(C) by redesignating paragraph (2) as subsection (b) and in
that subsection--
(i) by striking ``Training under paragraph (1)'' and
inserting ``Scope of Training.--Training under subsection
(a)''; and
(ii) by striking ``referred to in that paragraph'' and
all that follows and inserting ``referred to in that
subsection--
``(1) understand the scope and scale of contractor support they
will experience in contingency operations; and
``(2) are prepared for their roles and responsibilities with
regard to--
``(A) requirements definition;
``(B) program management (including contractor oversight);
and
``(C) contingency contracting.''.
(6) Subsection (e)(3).--Paragraph (3) of such subsection (e) is
transferred to such chapter, inserted after the heading for section
3156, and amended--
(A) by striking the paragraph designation; and
(B) by inserting ``required by section 3151 of this title''
after ``The joint policy''.
(7) Subsection (f).--Paragraphs (6), (5), (2), and (1) of
subsection (f) of such section are transferred (in that order) to
section 3157 of such chapter, inserted at the end, and redesignated
as paragraphs (1) through (4), respectively.
(c) Cross Reference Amendment.--Paragraph (4)(B) of subsection (a)
of section 3154 of title 10, United States Code, as transferred and
redesignated by subsection (b)(3), is amended by striking ``section
2304'' and inserting ``sections 3201 through 3205''.
(d) Additional Provisions Relating to Operational Contract
Support.--Chapter 209 of title 10, United States Code, is amended by
adding at the end the following new subchapter:
``SUBCHAPTER II--OTHER PROVISIONS RELATING TO OPERATIONAL CONTRACT
SUPPORT
``Sec.
``3171. Contracts for property or services in support of a contingency
operation: competition and review.
``3172. Operational contract support: chain of authority and
responsibility within Department of Defense.
``Sec. 3171. Contracts for property or services in support of a
contingency operation: competition and review
``[Reserved].
``Sec. 3172. Operational contract support: chain of authority and
responsibility within Department of Defense
``[Reserved].''.
Subtitle B--Acquisition Planning
SEC. 1811. PLANNING AND SOLICITATION GENERALLY.
(a) Tables of Chapters Amendment.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of subtitle A
(as added by section 801 of Public Law 115-232), of title 10, United
States Code, are amended by striking the items relating to chapters 221
and 223 and inserting the following:
``221. Planning and Solicitation Generally....................... 3201
``222. Independent Cost Estimation and Cost Analysis............. 3221
``223. Other Provisions Relating to Planning and Solicitation
Generally......................................................... 3241
``225. Planning and Solicitation Relating to Particular Items or
Services.........................................................3271''.
(b) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapters 221 and 223 and inserting the following:
``CHAPTER 221--PLANNING AND SOLICITATION GENERALLY
``Sec.
``3201. Full and open competition.
``3202. [Reserved].
``3203. Exclusion of particular source or restriction of solicitation to
small business concerns.
``3204. Use of procedures other than competitive procedures.
``3205. Simplified procedures for small purchases.
``3206. Planning and solicitation requirements.
``3207. Assessment before contract for acquisition of supplies is
entered into.
``3208. Planning for future competition in contracts for major
systems.''.
(c) Section 2304 (partial).--
(1) Section heading.--Chapter 221 of title 10, United States
Code, as amended by subsection (b), is amended by adding after the
table of sections the following new section:
``Sec. 3201. Full and open competition''.
(2) Transfer of subsection (a) of section 2304.--Subsection (a)
of section 2304 of title 10, United States Code, is transferred to
section 3201 of such title, as added by paragraph (1), inserted
after the section heading, and amended--
(A) by redesignating paragraph (2) as subsection (b);
(B) by striking ``(1) Except as provided in subsections
(b), (c), and (g),'' and inserting ``In General.--Except as
provided in sections 3203, 3204(a), and 3205 of this title,'';
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(D) in paragraph (1), as so redesignated, by striking
``this chapter'' and inserting ``this section and sections
3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901 4501, and 4502
of this title''; and
(E) in subsection (b), as redesignated by subparagraph
(A)--
(i) by inserting ``Determination of Appropriate
Competitive Procedures.--'' before ``In determining'';
(ii) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(iii) in paragraph (1), as so redesignated, by
redesignating clauses (i), (ii), (iii), and (iv) as
subparagraphs (A), (B), (C), and (D), respectively; and
(iv) in paragraph (2), as so redesignated, by striking
``clause (A)'' and inserting ``paragraph (1)''.
(3) Transfer of subsection (j) of section 2304.--Subsection (j)
of such section 2304 is transferred to such section 3201, inserted
after subsection (b), as transferred and redesignated by paragraph
(2), redesignated as subsection (c), and amended by inserting
``Efficient Fulfillment of Government Requirements.--'' before
``The Federal''.
(4) Transfer of subsection (h) of section 2304.--Subsection (h)
of such section 2304 is transferred to such section 3201, inserted
after subsection (c), as transferred and redesignated by paragraph
(3), redesignated as subsection (d), and amended by inserting
``Certain Purchases or Contracts to Be Treated as if Made With
Sealed-bid Procedures.--'' before ``For the purposes''.
(5) Transfer of subsection (k) of section 2304.--Subsection (k)
of such section 2304 is transferred to such section 3201, inserted
after subsection (d), as transferred and redesignated by paragraph
(4), redesignated as subsection (e), and amended--
(A) by striking the subsection designation and all that
follows through ``section 2303(a)'' in paragraph (1) and
inserting the following:
``(e) New Contracts and Merit-based Selection Procedures.--
``(1) Congressional policy.--It is the policy of Congress that
an agency named in section 3063'';
(B) by moving paragraphs (2), (3), and (4) two ems to the
right;
(C) by switching paragraphs (2) and (3) and redesignating
them accordingly;
(D) in paragraph (2), as so redesignated by subparagraph
(C), by inserting ``New contract described.--'' before ``For
purposes of'';
(E) in paragraph (3), as so redesignated by subparagraph
(C), by inserting ``Provision of law described.--'' before ``A
provision of''; and
(F) in paragraph (4)--
(i) by inserting ``Exception.--'' before ``This
subsection''; and
(ii) by striking ``section 2303(a)'' and inserting
``section 3063''.
(d) Section 2304 (partial).--
(1) Section headings.--Chapter 221 of title 10, United States
Code, as amended by subsection (b), is amended by adding after
section 3201, as added by subsection (c), the following new
sections:
``Sec. 3203. Exclusion of particular source or restriction of
solicitation to small business concerns
``Sec. 3204. Use of procedures other than competitive procedures
``Sec. 3205. Simplified procedures for small purchases''.
(2) Transfer of subsection (b) of section 2304.--Subsection (b)
of section 2304 of title 10, United States Code, is transferred to
section 3203 of such title, as added by paragraph (1), inserted
after the section heading, redesignated as subsection (a), and
amended--
(A) by striking the subsection designation and all that
follows through ``may provide for'' the first place it appears
and inserting the following:
``(a) Exclusion of Particular Source.--
``(1) Criteria for exclusion.--The head of an agency may
provide for'';
(B) by striking ``covered by this chapter'' in the matter
preceding subparagraph (A) and inserting ``covered by chapter
137 legacy provisions'';
(C) by indenting subparagraphs (A) through (F) of paragraph
(1) four ems from the left margin;
(D) by redesignating paragraph (2) as subsection (b) and in
that subsection--
(i) inserting ``Exclusion of Other Than Small Business
Concerns.--'' before ``The head of''; and
(ii) striking ``this section'' and inserting ``chapter
137 legacy provisions'';
(E) by redesignating paragraph (3) as subsection (c) and in
that subsection--
(i) inserting ``Inapplicability of Justification and
Approval Requirements.--'' before ``A contract''; and
(ii) striking ``subsection (f)(1)'' and inserting
``section 3204(e)(1) of this title''; and
(F) by transferring paragraph (4) to the end of subsection
(a), as so redesignated, redesignating such paragraph as
paragraph (2), indenting such paragraph two ems from the left
margin, and inserting ``Determination for Class Disallowed.--''
before ``A determination''.
(3) Transfer of subsection (c) of section 2304.--Subsection (c)
of section 2304 of title 10, United States Code, is transferred to
section 3204 of such title, as added by paragraph (1), inserted
after the section heading, redesignated as subsection (a), and
amended--
(A) by inserting ``When Procedures Other Than Competitive
Procedures May Be Used.--'' before ``The head of an agency may
use'';
(B) in paragraph (3)--
(i) by striking ``in order (A) to maintain'' and
inserting ``in order--
``(A) to maintain'';
(ii) by striking ``industrial mobilization, (B) to
establish'' and inserting ``industrial mobilization--
``(B) to establish'';
(iv) by striking ``development center, or (C) to
procure'' and inserting ``development center--
``(C) to procure'';
(C) in paragraph (5), by striking ``subsection (k)'' and
inserting ``section 3201(e) of this title''; and
(D) in paragraph (7), by inserting ``(who may not delegate
the authority under this paragraph)'' after ``the head of the
agency''.
(4) Transfer of subsection (d) of section 2304.--Subsection (d)
of section 2304 of title 10, United States Code, is transferred to
section 3204 of such title, as added by paragraph (1), inserted
after subsection (a), as transferred and redesignated by paragraph
(3), redesignated as subsection (b), and amended--
(A) by striking ``(1) For the purposes'' and inserting
``Property or Services Considered to Be Available From Only One
Source.--For the purposes'';
(B) by striking ``subsection (c)(1)'' and inserting
``subsection (a)(1)'';
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as subsection (c) and in
that subsection--
(i) by striking ``(A) The contract period'' and
inserting ``Property or Services Needed With Unusual and
Compelling Urgency.--
``(1) Allowable contract period.--The contract period'';
(ii) by redesignating subparagraph (B) as paragraph
(2), indenting that paragraph two ems from the left margin,
and striking ``this paragraph'' and inserting
``Applicability of allowable contract period.--This
subsection''; and
(iii) in paragraph (1), as designated by clause (i)--
(I) by striking ``subparagraph (B)'' and
``subsection (c)(2)'' and inserting ``paragraph (2)''
and ``subsection (a)(2)'', respectively; and
(II) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, redesignating
subclauses (I) and (II) of such subparagraph (A) as
clauses (i) and (ii), respectively, and moving such
subparagraphs two ems to the right.
(5) Transfer of subsection (e) of section 2304.--Subsection (e)
of section 2304 of title 10, United States Code, is transferred to
section 3204 of such title, as added by subparagraph (A), inserted
after subsection (c), as transferred and redesignated by
subparagraph (D), redesignated as subsection (d), and amended--
(A) by inserting ``Offer Requests to Potential Sources.--
The head of''; and
(B) by striking ``subsection (c)(2) or (c)(6)'' and
inserting ``paragraph (2) or (6) of subsection (a)''.
(6) Transfer of subsection (f) of section 2304.--Subsection (f)
of section 2304 of title 10, United States Code, is transferred to
section 3204 of such title, as added by paragraph (1), inserted
after subsection (d), as transferred and redesignated by paragraph
(5), redesignated as subsection (e), and amended--
(A) by striking ``(1) Except as provided in paragraph (2)
and paragraph (6)'' and inserting ``Justification for Use of
Procedures Other Than Competitive Procedures.--''
``(1) Prerequisites for awarding contract.--Except as provided
in paragraphs (3), (4), and (7),'';
(B) by moving subparagraphs (A), (B), and (C) of paragraph
(1) two ems to the right;
(C) by switching paragraphs (2) and (3) and redesignating
those paragraphs accordingly;
(D) in paragraph (2), as so redesignated, by inserting
``Elements of justification.--'' before ``The justification'';
(E) in paragraph (3), as so redesignated--
(i) by inserting ``Justification and approval allowed
after contract awarded.--'' before ``In the case of''; and
(ii) by striking ``subsection (c)(2)'' in the first
sentence and inserting ``subsection (a)(2)'';
(F) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively;
(G) by designating the second sentence of paragraph (3), as
redesignated by subparagraph (C), as paragraph (4) and in that
paragraph--
(i) by inserting ``Justification and approval not
required.--'' before ``The justification and approval'';
(ii) in subparagraph (C), by striking ``subsection
(c)(7)'' and inserting ``subsection (a)(7)''; and
(iii) in subparagraph (E), by striking ``subsection
(c)(4)'' and inserting ``subsection (a)(4)'';
(H) in paragraph (5), as redesignated by subparagraph (F)--
(i) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and moving those
clauses two ems to the right;
(ii) by striking ``In no case'' and inserting
``Restrictions on Agencies.--
``(A) In no case'';
(iii) in subparagraph (A)(ii), as so redesignated, by
striking ``this chapter'' and inserting ``chapter 137
legacy provisions''; and
(iv) by designating the sentence beginning ``The
restriction contained'' as subparagraph (B) and by striking
``clause (B)'' in that sentence and inserting
``subparagraph (A)(ii)'';
(I) in paragraph (6), as redesignated by subparagraph (F),
by striking ``(A) The authority'' and inserting ``Limitation on
Delegations of Authority Under Paragraph (1)(B).--(A) The
authority'';
(J) in paragraph (7), as redesignated by subparagraph (F),
by inserting ``Justification and approval not required for
phase iii sbir award.--'' before ``The justification''; and
(K) by moving such paragraphs (2) through (7) two ems to
the right.
(7) Transfer of subsection (l) of section 2304.--Subsection (l)
of section 2304 of title 10, United States Code, is transferred to
section 3204 of such title, as added by paragraph (1), inserted
after subsection (e), as transferred and redesignated by paragraph
(6), redesignated as subsection (f), and amended--
(A) by striking ``(1)(A) Except as provided in'' and
inserting ``Public Availability of Justification and Approval
Required for Using Procedures Other Than Competitive
Procedures.--
``(1) Time requirement.--
``(A) Within 14 days after contract award.--Except as
provided in'';
(B) in paragraph (1)(A), by striking ``subsection (c)'' and
``subsection (f)(1)'' and inserting ``subsection (a)'' and
``subsection (e)(1)'', respectively;
(C) by indenting subparagraph (B) of paragraph (1) four ems
from the left margin and in that subparagraph--
(i) by inserting ``Within 30 days after contract
award.--'' before ``In the case of''; and
(ii) by striking ``subsection (c)(2)'' and inserting
``subsection (a)(2)'';
(D) by indenting paragraphs (2) and (3) two ems from the
left margin;
(E) in paragraph (2), by inserting ``Availability on
websites.--'' before ``The documents''; and
(F) in paragraph (3), by inserting ``Exception.--'' before
``This subsection''.
(8) Transfer of subsection (i) of section 2304.--Subsection (i)
of section 2304 of title 10, United States Code, is transferred to
section 3204 of such title, as added by paragraph (1), inserted
after subsection (f), as transferred and redesignated by paragraph
(7), redesignated as subsection (g), and amended--
(A) by striking ``(1) The Secretary'' and inserting
``Regulations With Respect to Negotiation of Prices.--''
``(1) The Secretary'';
(B) in paragraph (1), by striking ``, as defined in section
2302(2) of this title''; and
(C) by moving paragraphs (2) and (3) two ems to the right.
(9) Transfer of subsection (g) of section 2304.--Subsection (g)
of section 2304 of title 10, United States Code, is transferred to
section 3205 of such title, as added by paragraph (1), inserted
after the section heading, redesignated as subsection (a), and
amended--
(A) by striking ``(1) in order to'' and inserting
``Authorization.--In order to'';
(B) by redesignating paragraphs (2), (3), and (4) as
subsections (b), (c), and (d), respectively;
(C) by redesignating subparagraphs (A) and (B) in
subsection (a) as paragraphs (1) and (2), respectively;
(D) in subsection (b), as redesignated by subparagraph
(B)--
(i) by inserting ``Prohibition on Dividing Contracts.--
'' before ``A proposed''; and
(ii) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(E) in subsection (c), as redesignated by subparagraph (B),
by inserting ``Promotion of Competition.--'' before ``In
using''; and
(F) in subsection (d), as redesignated by subparagraph (B),
by inserting ``Compliance With Special Requirements of Federal
Acquisition Regulation.--'' before ``The head of''.
(e) Section 2305(a).--
(1) In general.--Such chapter is further amended by adding at
the end the following new section:
``Sec. 3206. Planning and solicitation requirements''.
(2) Transfer of subsection (a) of section 2305.--Subsection (a)
of section 2305 of title 10, United States Code, is transferred to
section 3206 of such title, as added by paragraph (1), and inserted
after the section heading, and paragraphs (2), (3), (4), and (5)
thereof are redesignated as subsections (b), (c), (d), and (e),
respectively.
(3) Revisions to subsection (a).--Subsection (a) of such
section 3206, as transferred by paragraph (2), is amended--
(A) by redesignating subparagraphs (B) and (C) as
paragraphs (2) and (3), respectively;
(B) in paragraph (2), as so redesignated--
(i) by inserting ``Requirements of specifications.--''
before ``Each solicitation'';
(ii) by striking ``under this chapter'' after ``Each
solicitation'' and inserting ``under chapter 137 legacy
provisions'';
(iii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(iv) in subparagraph (A), as so redesignated, by
striking ``of this chapter'' and inserting ``of chapter 137
legacy provisions'';
(C) in paragraph (3), as so redesignated--
(i) by inserting ``Types of specifications.--'' before
``For the purposes''; and
(ii) by redesignating clauses (i), (ii), and (ii) as
subparagraphs (A), (B), and (C), respectively;
(D) by moving such paragraphs (2) and (3) two ems to the
right; and
(E) in paragraph (1)--
(i) by striking ``(1)(A) In preparing for'' and
inserting ``Planning and Specifications.--
``(1) Preparing for procurement.--In preparing for'';
(ii) by redesignating clauses (i), (ii), and (ii) as
subparagraphs (A), (B), and (C), respectively; and
(iii) by moving such subparagraphs two ems to the
right.
(4) Revisions to subsection (b).--Subsection (b) of such
section 3206, as redesignated by paragraph (2), is amended--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``Contents of solicitation.--'' before
``In addition to''; and
(ii) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(C) by redesignating clauses (i) and (ii) of paragraphs (1)
and (2) (as so redesignated) as subparagraphs (A) and (B),
respectively; and
(D) in subparagraphs (A) and (B) of such paragraph (2), as
so redesignated, by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively.
(5) Revisions to subsection (c).--Subsection (c) of such
section 3206, as redesignated by paragraph (2), is amended--
(A) by striking ``(A) In prescribing the'' and inserting
``Evaluation Factors.--
``(1) In general.--In prescribing the'';
(B) by redesignating subparagraphs (B), (C), (D), and (E)
as paragraphs (2), (3), (4), and (5), respectively, and moving
those paragraphs two ems to the right;
(C) in paragraph (1), as designated by subparagraph (A)--
(i) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively, and moving
those paragraphs two ems to the right;
(ii) by redesignating subclauses (I), (II), and (III)
of subparagraph (C) (as so redesignated) as clauses (i),
(ii), and (iii), respectively; and
(iii) by striking ``subparagraph (C)'' both places it
appears and inserting ``paragraph (3)'';
(D) in paragraph (2), as redesignated by subparagraph (B)--
(i) by inserting ``Restriction on implementing
regulations.--'' before ``The regulations implementing'';
and
(ii) by striking ``clause (iii) of subparagraph (A)''
and inserting ``paragraph (1)(C)'';
(E) in paragraph (3), as redesignated by subparagraph (B)--
(i) by inserting ``Exceptions for certain multiple task
or delivery order contracts.--'' before ``If the head of'';
(ii) by striking ``section 2304a(d)(1)(B)'' and
inserting ``section 3403(d)(1)(B)'';
(iii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(iv) in subparagraph (A), as so redesignated, by
striking ``clause (ii) of subparagraph (A)'' and inserting
``paragraph (1)(B)'' and
(v) in subparagraph (B), as so redesignated--
(I) by striking ``clause (i)'' in the matter
preceding subclause (I) and inserting ``subparagraph
(A)'';
(II) by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively;
(III) in clause (i), as so redesignated, by
striking ``clause (iii) of subparagraph (A)'' and
inserting ``paragraph (1)(C)''; and
(IV) in clause (ii), as so redesignated, by
striking ``section 2304c(b)'' and inserting ``section
3406(c)'';
(F) in paragraph (4), as redesignated by subparagraph (B)--
(i) by inserting ``Definition.--'' before ``In
subparagraph'';
(ii) by striking ``subparagraph (C)'' and inserting
``paragraph (3)''; and
(iii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively; and
(G) in paragraph (5), as redesignated by subparagraph (B),
by striking ``Subparagraph (C)'' and inserting ``Exclusion of
applicability to certain contracts.--Paragraph (3)''.
(6) Revisions to subsection (d).--Subsection (d) of such
section 3206, as redesignated by paragraph (2), is amended--
(A) by inserting ``Additional Information in
Solicitation.--'' before ``Nothing in'';
(B) by striking ``this subsection'' and inserting ``this
section''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(7) Revision to subsection (e).--Subsection (e) of such section
3206, as redesignated by paragraph (2), is amended by inserting
``Limitation on Evaluation of Purchase Options.--'' before ``The
head of''.
(f) Section 2305(c).--
(1) Section heading.--Such chapter is further amended by adding
at the end the following new section:
``Sec. 3207. Assessment before contract for acquisition of supplies is
entered into''.
(2) Transfer of subsection (c) of section 2305.--Subsection (c)
of section 2305 of title 10, United States Code, is transferred to
section 3207 of such title, as added by paragraph (1), inserted
after the section heading, and amended by striking the subsection
designation.
(g) Section 2305(d).--
(1) Section heading.--Such chapter is further amended by adding
at the end the following new section:
``Sec. 3208. Planning for future competition in contracts for major
systems''.
(2) Transfer of subsection (d) of section 2305.--Subsection (d)
of section 2305 of title 10, United States Code, is transferred to
section 3208 of such title, as added by paragraph (1), inserted
after the section heading, and redesignated as subsection (a), and
paragraphs (2), (3), and (4) thereof are redesignated as
subsections (b), (c), and (d), respectively.
(3) Revisions to subsection (a).--Subsection (a) of such
section 3208, as transferred and redesignated by paragraph (2), is
amended--
(A) by striking ``(1)(A) The Secretary'' and inserting
``Development Contract.--
``(1) Determining whether proposals are necessary.--The
Secretary'';
(B) by striking ``subparagraph (B)'' in the first sentence
and inserting ``paragraph (2)'';
(C) by redesignating subparagraph (B) as paragraph (2) and
clauses (i) and (ii) thereof as subparagraphs (A) and (B),
respectively; and
(D) in paragraph (2), as so redesignated--
(i) by inserting ``Contents of proposals.--'' before
``Proposals referred to''; and
(ii) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''.
(4) Revisions to subsection (b).--Subsection (b) of such
section 3208, as redesignated by paragraph (2), is amended--
(A) by striking ``(A) The Secretary'' and inserting
``Production Contract.--
``(1) Determining whether proposals are necessary.--The
Secretary'';
(B) by striking ``subparagraph (B)'' in the first sentence
and inserting ``paragraph (2)'';
(C) by redesignating subparagraph (B) as paragraph (2) and
clauses (i) and (ii) thereof as subparagraphs (A) and (B),
respectively; and
(D) in paragraph (2), as so redesignated--
(i) by inserting ``Contents of proposals.--'' before
``Proposals referred to''; and
(ii) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''.
(5) Revisions to subsection (c).--Subsection (c) of such
section 3208, as redesignated by paragraph (2), is amended--
(A) by inserting ``Consideration of Factors as Objectives
in Negotiations.--'' before ``If the head of''; and
(B) by striking ``paragraphs (1) and (2)'' and inserting
``subsections (a) and (b)''.
(6) Revisions to subsection (d).--Subsection (d) of such
section 3208, as redesignated by paragraph (2), is amended--
(A) by striking ``(A) Whenever the head of'' and inserting
``Items Developed Exclusively at Private Expense.--
``(1) Limitation.--Whenever the head of'';
(B) by redesignating subparagraph (B) as paragraph (2),
inserting ``Evaluation.--'' before ``In considering'', and
indenting that paragraph two ems from the left margin;
(C) by redesignating clauses (i) and (ii) of paragraph (1)
as subparagraphs (A) and (B), respectively, and indenting those
subparagraphs four ems from the left margin; and
(D) by striking ``paragraph (1)(B) or (2)(B)'' both places
it appears and inserting ``subsection (a)(2) or (b)(2)''.
SEC. 1812. INDEPENDENT COST ESTIMATION AND COST ANALYSIS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 221, as added by the preceding section, the
following new chapter:
``CHAPTER 222--INDEPENDENT COST ESTIMATION AND COST ANALYSIS
``3221. Director of Cost Assessment and Program Evaluation.
``3222. Independent cost estimate required before approval.
``3223. Director: review of cost estimates, cost analyses, and records
of the military departments and Defense Agencies.
``3224. Director: participation, concurrence, and approval in cost
estimation.
``3225. Discussion of risk in cost estimates.
``3226. Estimates for program baseline and analyses and targets for
contract negotiation purposes.
``3227. Guidelines and collection method for acquisition of cost data.
``Sec. 3221. Director of Cost Assessment and Program Evaluation
``Sec. 3222. Independent cost estimate required before approval
``Sec. 3223. Director: review of cost estimates, cost analyses, and
records of the military departments and Defense Agencies
``Sec. 3224. Director: participation, concurrence, and approval in cost
estimation
``Sec. 3225. Discussion of risk in cost estimates
``Sec. 3226. Estimates for program baseline and analyses and targets
for contract negotiation purposes
``Sec. 3227. Guidelines and collection method for acquisition of cost
data''.
(b) Transfer of Subsections (a) and (h) of Section 2334 to Section
3221.--
(1) Transfer of subsection (a) of section 2334.--Subsection (a)
of section 2334 of title 10, United States Code, is transferred to
section 3221 of such title, as added by subsection (a), inserted
after the section heading, and amended by designating the second
sentence as subsection (b).
(2) Revisions to new subsection (b).--Subsection (b) of such
section 3221, as designated by paragraph (1), is amended--
(A) by striking ``In carrying out that responsibility,''
and inserting ``Functions.--In carrying out the responsibility
of the Director under subsection (a),'';
(B) in paragraph (2)--
(i) by striking ``provide guidance'' and all that
follows through ``Defense Agencies''; and
(ii) by striking ``of this title;'' and inserting ``of
this title, provide guidance to and consult with--
``(A) the Secretary of Defense;
``(B) the Under Secretary of Defense for Acquisition and
Sustainment;
``(C) the Under Secretary of Defense (Comptroller);
``(D) the Secretaries of the military departments; and
``(E) the heads of the Defense Agencies;'';
(C) in paragraph (6)(A)--
(i) in clause (i), by striking ``section 2366a or
2366b'' and inserting ``section 4251 or 4252''; and
(ii) in clause (iii), by striking ``section 2433a'' and
inserting ``section 4376''; and
(D) in paragraph (8), by striking ``section 2432(c)(1)''
and inserting ``section 4353(a)''.
(3) Transfer of subsection (h) of section 2334.--Subsection (h)
of section 2334 of title 10, United States Code, is transferred to
such section 3221, inserted after subsection (b), as designated by
paragraph (2), and redesignated as subsection (c).
(c) Transfer of Subsection (b) of Section 2334.--
(1) Transfer.--Subsection (b) of section 2334 of title 10,
United States Code, is transferred to section 3222 of such title,
as added by subsection (a), inserted after the section heading, and
redesignated as subsection (a).
(2) Revisions.--Such section 3222 is amended--
(A) by striking ``Independent Cost Estimate Required Before
Approval.--(1) A milestone'' and inserting ``Requirement.-- A
milestone'';
(B) by redesignating paragraph (2) as subsection (b);
(C) in subsection (b), as so redesignated--
(i) by inserting ``Regulations.--'' before ``The
regulations''; and
(ii) by striking ``subsection (a)'' and inserting
``section 3221 of this title''; and
(D) in subsections (a) and (b), as so redesignated, by
redesignating subparagraphs (A) and (B) as paragraphs (1) and
(2), respectively.
(d) Transfer of Subsection (c) of Section 2334.--Subsection (c) of
section 2334 of title 10, United States Code, is transferred to section
3223 of such title, as added by subsection (a), inserted after the
section heading, and amended by striking the subsection designation and
subsection heading.
(e) Transfer of Subsection (d) of Section 2334.--
(1) Transfer.--Subsection (d) of section 2334 of title 10,
United States Code, is transferred to section 3224 of such title,
as added by subsection (a), and inserted after the section heading.
(2) Revisions.--Such section 3224 is amended--
(A) by striking the subsection designation and subsection
heading; and
(B) in paragraph (3), by striking ``subsection (a)(6)'' and
inserting ``section 3221(b)(6) of this title''.
(f) Transfer of Subsection (e) of Section 2334.--
(1) Transfer.--Subsection (e) of section 2334 of title 10,
United States Code, is transferred to section 3225 of such title,
as added by subsection (a), and inserted after the section heading.
(2) Revisions.--Such section 3225 is amended--
(A) by striking the subsection designation and subsection
heading;
(B) in paragraph (3)(A), by striking ``subsection (a)(6)''
and inserting ``section 3221(b)(6) of this title''; and
(C) in paragraph (3)(B), by striking ``section 2432'' and
inserting ``sections 4351 through 4358''.
(g) Transfer of Subsection (f) of Section 2334.--
(1) Transfer.--Subsection (f) of section 2334 of title 10,
United States Code, is transferred to section 3226 of such title,
as added by subsection (a), inserted after the section heading, and
redesignated as subsection (a).
(2) Revisions.--Such section 3226 is amended--
(A) by striking ``Estimates for'' and all that follows
through ``(1) The policies,'' and inserting ``Cost Estimates
Developed for Specified Purposes Not to Be Used for Contract
Negotiations or Obligation of Funds.--The policies,'';
(B) in subsection (a), as so redesignated--
(i) by striking ``subsection (a)'' and inserting
``section 3221 of this title''; and
(ii) by striking ``subsection (a)(6)'' and inserting
``subsection (b)(6) of such section'';
(C) by redesignating paragraph (2) as subsection (b) and
inserting ``Cost Estimates Developed for Specified Purposes Not
to Be Used for Contract Negotiations or Obligation of Funds.--
'' before ``The Under'';
(D) by redesignating paragraph (3) as subsection (c) and in
that subsection--
(i) by striking the first three words and inserting
``Program Manager and Contracting Officer.--The program
manager''; and
(ii) by striking ``paragraph (1)'' and ``paragraph
(2)'' and inserting ``subsection (a)'' and ``subsection
(b)'', respectively; and
(E) by redesignating paragraph (4) as subsection (d) and in
that subsection--
(i) by striking ``Funds that are'' and inserting
``Availability of Excess Funds.--''
``(1) Funds that are'';
(ii) in paragraph (1), as designated by clause (i), by
striking ``subsection (a)(6)'' and ``paragraph (2)'' and
inserting ``section 3221(b)(6) of this title'' and
``subsection (b)'', respectively;
(iii) by redesignating paragraph (5) as paragraph (2)
and moving that paragraph two ems to the right; and
(iv) in paragraph (2), as so redesignated--
(I) in the matter preceding subparagraph (A), by
striking ``paragraph (4)'' and inserting ``paragraph
(1)'';
(II) in subparagraph (A)(i), by striking
``paragraph (2)'' and inserting ``subsection (b)''; and
(III) in subparagraph (A)(ii), by striking
``section 2308'' and inserting ``section 3069''.
(h) Transfer of Subsection (g) of Section 2334.--
(1) Transfer.--Subsection (g) of section 2334 of title 10,
United States Code, is transferred to section 3227 of such title,
as added by subsection (a), inserted after the section heading, and
redesignated as subsection (a).
(2) Revisions.--Section 3227, as amended by paragraph (1), is
further amended--
(A) by striking ``Guidelines and'' and all that follows
through ``(1) The Director of'' and inserting ``Director of
Cape to Develop Guidelines and Collection Method.--The Director
of'';
(B) by redesignating paragraph (2) as subsection (b) and in
that subsection--
(i) by inserting ``Applicability to Acquisition
Programs in Amount Greater Than Specified Threshold.--''
before ``The program manager''; and
(ii) by striking ``paragraph (1)'' and inserting
``subsection (a)''; and
(C) by redesignating paragraph (3) as subsection (c) and in
that subsection--
(i) by inserting ``Limitation on Waiver Authority.--''
before ``The requirement''; and
(ii) by striking ``paragraph (1)'' and inserting
``subsection (a)''.
SEC. 1813. OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION
GENERALLY.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 222, as added by the preceding section, the
following new chapter:
``CHAPTER 223--OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION
GENERALLY
``Sec.
``3241. Design-build selection procedures.
``3242. Supplies: economic order quantities.
``3243. Encouragement of new competitors: qualification requirement.
``3244. [Reserved].
``3245. [Reserved].
``3246. [Reserved].
``3247. Contracts: regulations for bids.
``3248. Matters relating to reverse auctions.
``3249. Advocates for competition.
``3250. [Reserved].
``3251. [Reserved].
``3252. Requirements for information relating to supply chain risk.''.
(b) Transfer of Section 2305a of Title 10.--Section 2305a of title
10, United States Code, is transferred to chapter 223 of such title, as
added by subsection (a), inserted after the table of sections at the
beginning, redesignated as section 3241, and amended as follows:
(1) Subsection (b).--Subsection (b) is amended--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and moving those
subparagraphs two ems to the right; and
(B) in the matter preceding subparagraph (A), as so
redesignated--
(i) by striking ``or work when the contracting
officer'' and inserting ``or work when--
``(1) the contracting officer'';
(ii) by striking ``such contract, design work'' and
inserting ``such contract;
``(2) design work'';
(iii) by striking ``such contract, the offeror'' and
inserting ``such contract;
``(3) the offeror''; and
(iv) by striking ``the offer, and the contracting
officer'' and inserting ``the offer; and
``(4) the contracting officer''.
(2) Subsection (c).--Subsection (c) is amended--
(A) in paragraph (1), by inserting ``Development of scope
of work statement.--'' before ``The agency develops'';
(B) in paragraph (2), by inserting ``Solicitation of phase-
one proposals.--'' before ``The contracting officer'';
(C) in paragraph (3)--
(i) by striking ``The evaluation factors'' and
inserting ``Evaluation factors.--''
``(A) Evaluation factors to be used.--The evaluation
factors'';
(ii) by designating the second and third sentences as
subparagraphs (B) and (C), respectively;
(iii) in subparagraph (A), as designated by clause
(i)--
(I) by striking ``and include specialized
experience'' and inserting ``and include--
``(i) specialized experience'';
(II) by striking ``technical competence,
capability'' and inserting ``technical competence;
``(ii) capability'';
(III) by striking ``to perform, past performance''
and inserting ``to perform;
``(iii) past performance''; and
(IV) by striking ``the team) and other
appropriate'' and inserting ``the team); and
``(iv) other appropriate'';
(iv) in subparagraph (B), as designated by clause (ii), by
inserting ``Relative importance of evaluation factors and
subfactors.--'' before ``Each solicitation'';
(v) in subparagraph (C), as designated by clause (ii), by
inserting ``Evaluation of proposals.--'' before ``The agency'';
(D) in paragraph (4)--
(i) by striking ``The contracting officer'' and
inserting ``Selection by contracting officer.--''
``(A) Number of offerors selected and what is to be
evaluated.--The contracting officer'';
(ii) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(iii) in clause (ii), as so redesignated, by striking
``paragraphs (2), (3), and (4) of section 2305(a)'' and
inserting ``subsections (b), (c), and (d) of section
3206'';
(iv) by designating the last sentence in that paragraph
as subparagraph (B) and indenting that subparagraph two ems
from the left margin; and
(v) in subparagraph (B), as redesignated by clause
(iv), by striking ``subparagraphs (A) and (B)'' and
inserting ``clauses (i) and (ii) of subparagraph (A)''; and
(E) in paragraph (5)--
(i) by inserting ``Awarding of contract.--'' before
``The agency''; and
(ii) by striking ``section 2305(b)(4)'' and inserting
``section 3303''.
(c) Transfer of Section 2384a of Title 10.--Section 2384a of such
title is transferred to chapter 223 of such title, inserted after
section 3241, as transferred and redesignated by subsection (b),
redesignated as section 3242, and amended as follows:
(1) Subsection (a).--Subsection (a) is amended--
(A) by striking ``(1) An agency'' and inserting ``Quantity
to Procure.--''
``(1) An agency'';
(B) by striking ``section 2303(a)'' and inserting ``section
3063'';
(C) by striking ``quantity as (A) will result in'' and
inserting ``quantity as--
``(A) will result in'';
(D) by striking ``where practicable, and (B) does not''
``where practicable; and
``(B) does not''; and
(E) by indenting paragraph (2) two ems from the left
margin.
(2) Subsection (b).--Subsection (b) is amended by inserting
``Opinion of Offeror With Respect to Quantity to Be Procured.--''
before ``Each solicitation for''.
(d) Transfer of Section 2319 of Title 10.--Section 2319 of such
title is transferred to chapter 223 of such title, inserted after
section 3242, as transferred and redesignated by subsection (c),
redesignated as section 3243, and amended as follows:
(1) Section heading.--The heading of such section is amended to
read as follows:
``Sec. 3243. Encouragement of new competitors: qualification
requirement''.
(2) Subsection (a).--Subsection (a) is amended by inserting
``Qualification Requirement Defined.--'' before ``In this
section''.
(3) Subsection (b).--Subsection (b) is amended--
(A) by inserting ``Actions Before Establishing
Qualification Requirement.--'' before ``Except as provided'';
and
(B) in paragraph (5), by striking ``clause (4)'' and
inserting ``paragraph (4)''.
(4) Subsection (c).--Subsection (c) is amended--
(A) by striking ``(1) Subsection (b) of this section'' and
inserting ``Applicability, Waiver Authority, and Referral of
Offers.--
``(1) Applicability.--Subsection (b)'';
(B) by indenting paragraphs (2) through (6) two ems from
the left margin;
(C) in paragraph (2)--
(i) by striking ``(A) Except as provided in
subparagraph (B),'' and inserting ``Waiver Authority.--
``(A) Submission of determination of unreasonableness.--
Except as provided in subparagraph (C),'';
(ii) by redesignating subparagraph (B) as subparagraph
(C);
(iii) by designating the second sentence of
subparagraph (A) as subparagraph (B);
(iv) in subparagraph (B), as so designated, by
inserting ``Authority to grant waiver.--'' before ``After
considering''; and
(v) in subparagraph (C), as redesignated by clause
(ii), by inserting ``Inapplicability to qualified products
list.--'' before ``The waiver'';
(D) in paragraph (3), by inserting ``Submission and
consideration of offer not to be denied in certain cases.--''
before ``A potential offeror'';
(E) in paragraph (4), by inserting ``Referral to small
business administration.--'' before ``Nothing contained in
this'';
(F) in paragraph (5), by inserting ``Delay of procurement
not required.--'' before ``The head of''; and
(G) in paragraph (6), by inserting ``Requirements before
enforcement of certain lists.--'' before ``The requirements
of''.
(5) Subsection (d).--Subsection (d) is amended--
(A) by striking ``(1) If the number of'' and inserting
``Fewer Than 2 Actual Manufacturers.--
``(1) Solicitation and testing of additional sources or
products.--If the number of'';
(B) by redesignating paragraph (2) as paragraph (3),
indenting that paragraph two ems from the left margin, and
inserting ``Certification required.--'' before ``The head of'';
(C) in paragraph (1)(B)--
(i) by inserting ``subject to paragraph (2),'' before
``bear the cost of''; and
(ii) by striking ``that requirement, but such costs may
be borne'' and inserting ``that requirement.'';
(D) by designating as paragraph (2) the text of paragraph
(1)(B), as so amended, that begins ``only if the head of the
agency'';
(E) in paragraph (2), as designated by subparagraph (D), by
inserting ``Certification when agency may bear cost.--Costs may
be borne under paragraph (1)(B)'' before ``only if''; and
(F) by moving subparagraphs (A) and (B) of paragraph (1)
(as amended) two ems to the right.
(6) Subsection (e).--Subsection (e) is amended by inserting
``Examination and Revalidation of Qualification Requirement.--''
before ``Within seven years''.
(7) Subsection (f).--Subsection (f) is amended by inserting
``Restriction on Enforcement.--'' before ``Except in an''.
(e) Transfer of Section 2381.--Section 2381 of title 10, United
States Code, is transferred to chapter 223 of such title, as added by
this section, inserted after section 3243, as transferred and
redesignated by subsection (d), and redesignated as section 3247.
(f) Transfer of Section 2318.--Section 2318 of title 10, United
States Code, is transferred to chapter 223 of such title, as added by
this section, inserted after section 3247, as transferred and
redesignated by subsection (e), redesignated as section 3249, and
amended by striking ``section 2303(a)'' and inserting ``section 3063''.
(g) Transfer of Section 2339a.--Section 2339a of such title is
transferred to chapter 223 of such title, inserted after section 3249,
as added by subsection (f), redesignated as section 3252, and amended--
(1) in subsection (b)(3)(A), by striking ``section 2304(f)(3)''
and inserting ``section 3204(e)(2)'';
(2) in subsection (e)(2)(A), by striking ``section 2319'' and
inserting ``section 3243''; and
(3) in subsection (e)(3)--
(A) in subparagraph (A), by striking ``section
2305(a)(1)(C)(ii)'' and ``section 2305(a)(2)(A)'' and inserting
``section 3206(a)(3)(B)'' and ``section 3206(b)(1)'',
respectively; and
(B) in subparagraph (B), by striking ``section
2304c(d)(3)'' and inserting ``section 3406(d)(3)''.
(h) Placeholder for Chapter for Provisions Relating to Planning and
Solicitations Relating to Particular Items or Services.--Part V of
subtitle A of title 10, United States Code, as added by section 801 of
the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232), is amended by inserting after chapter 223,
as added by this section, the following new chapter:
``CHAPTER 225--PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS
OR SERVICES
``Sec.
``3271. [Reserved].''.
Subtitle C--Contracting Methods and Contract Types
SEC. 1816. AWARDING OF CONTRACTS.
(a) Tables of Chapters Amendments.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of subtitle A
(as added by section 801 of Public Law 115-232), of title 10, United
States Code, are amended by striking the items relating to chapters 241
and 243 and inserting the following:
``241. Awarding of Contracts...................................... 3301
``242. Specific Types of Contracts................................ 3321
``243. Other Matters Relating to Awarding and Types of Contracts.. 3341
``244. Undefinitized Contractual Actions.........................3371''.
(b) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapters 241 and 243 and inserting the following:
``CHAPTER 241--AWARDING OF CONTRACTS
``Sec.
``3301. Basis of award and rejection.
``3302. Sealed bids.
``3303. Competitive proposals.
``3304. Post-award debriefings.
``3305. Pre-award debriefings.
``3306. Encouragement of alternative dispute resolution.
``3307. Antitrust violations.
``3308. Protests.
``3309. Prohibition on release of contractor proposals.''.
(c) Transfer of Subsection (b) of Section 2305.--
(1) Transfer.--Subsection (b) of section 2305 of title 10,
United States Code, is transferred to chapter 241 of such title, as
amended by subsection (b), inserted after the table of sections,
and amended by striking the subsection designation.
(2) Insertion of section headings.--Such chapter is further
amended--
(A) by inserting before paragraph (1) the following:
``Sec. 3301. Basis of award and rejection'';
(B) by inserting before paragraph (3) the following:
``Sec. 3302. Sealed bids'';
(C) by inserting before paragraph (4) the following:
``Sec. 3303. Competitive proposals'';
(D) by inserting before paragraph (5) the following:
``Sec. 3304. Post-award debriefings'';
(E) by inserting before paragraph (6) the following:
``Sec. 3305. Pre-award debriefings'';
(F) by inserting before paragraph (8) the following:
``Sec. 3306. Encouragement of alternative dispute resolution''; and
(G) by inserting before paragraph (9) the following:
``Sec. 3307. Antitrust violations''.
(3) Amendments to new 3301.--Section 3301 of such title, as
designated by paragraph (2), is amended--
(A) by redesignating paragraphs (1) and (2) as subsections
(a) and (b), respectively;
(B) in subsection (a), as so redesignated, by inserting
``Award.--'' before ``The head of''; and
(C) in subsection (b), as so redesignated, by inserting
``Rejection.--'' before ``All sealed bids''.
(4) Amendments to new 3302.--Section 3302 of such title, as
designated by paragraph (2), is amended--
(A) by redesignating paragraph (3) as subsection (a);
(B) by designating the second and third sentences as
subsections (b) and (c), respectively;
(C) in subsection (a), as so redesignated, by inserting
``Opening of Bids.--'' before ``Sealed bids shall be'';
(D) in subsection (b), as so designated--
(i) by inserting ``Criteria for Awarding Contract.--''
before ``The head of the agency'';
(ii) by striking ``paragraph (1)'' and inserting
``section 3301(a) of this title''; and
(iii) by striking ``paragraph (2)'' and inserting
``section 3301(b) of this title''; and
(E) in subsection (c), as so designated, by inserting
``Notice of Award.--'' before ``The award of''.
(5) Amendments to new 3303.--Section 3303 of such title, as
designated by paragraph (2), is amended--
(A) by striking the paragraph designation;
(B) redesignating subparagraphs (A), (B), and (C) as
subsections (a), (b), and (c), respectively;
(C) by designating the second sentence of subsection (c),
as so redesignated, as subsection (d);
(D) in subsection (a), as so redesignated--
(i) by inserting ``Evaluation and Award.--'' before
``The head of'';
(ii) by striking ``paragraph (1)'' and inserting
``section 3301(a) of this title''; and
(iii) by redesignating clauses (i) and (ii) as
paragraphs (1) and (2), respectively;
(E) in subsection (b), as so redesignated--
(i) by inserting ``Limit on Number of Proposals.--''
before ``If the contracting officer''; and
(ii) by striking ``subparagraph (A)(i)'' and inserting
``subsection (a)(1)'';
(F) in subsection (c), as so redesignated--
(i) by inserting ``Criteria for Awarding Contract.--''
before ``Except as provided in''; and
(ii) by striking ``paragraph (2)'' and inserting
``section 3301(b) of this title''; and
(G) in subsection (d), as so designated--
(i) by inserting ``Notice of Award.--'' before ``The
head of''; and
(ii) by striking ``This subparagraph'' and inserting
``This subsection''.
(6) Amendments to new 3304.--Section 3304 of such title, as
designated by paragraph (2), is amended--
(A) by striking the paragraph designation;
(B) by redesignating subparagraphs (A), (B), (D), (E), and
(F) as subsections (a), (c), (d), (e), and (f), respectively;
(C) by designating the second sentence of subsection (a),
as so redesignated, as subsection (b);
(D) by redesignating subparagraph (C) as paragraph (2);
(E) in subsection (a), as so redesignated, by inserting
``Request for Debriefing.--'' before ``When a'';
(F) in subsection (b), as designated by subparagraph (C),
by inserting ``When Debriefing to Be Conducted.--'' before
``The head of'';
(G) in subsection (c), as so redesignated by subparagraph
(B)--
(i) by inserting ``Information to Be Provided.--(1)''
before ``The debriefing shall include'';
(ii) by redesignating clauses (i) through (vii) as
subparagraphs (A) through (G), respectively; and
(iii) in paragraph (2), as redesignated by subparagraph
(D), by striking ``subparagraph (B)(vii)'' and inserting
``paragraph (1)(G)'';
(H) in subsection (d), as so redesignated, by inserting
``Information Not to Be Included.--'' before ``The
debriefing'';
(I) in subsection (e), as so redesignated--
(i) by inserting ``Inclusion of Statement in
Solicitation.--'' before ``Each solicitation''; and
(ii) by striking ``subparagraph (B)'' and inserting
``subsection (c)'';
(J) in subsection (f), as so redesignated--
(i) by inserting ``After Successful Protest.--'' before
``If, within one year''; and
(ii) by redesignating clauses (i) and (ii) as
paragraphs (1) and (2), respectively; and
(K) by adding at the end a new subsection (g) with the same
heading and text as subsection (f) of section 3305 of such
title, as amended by paragraph (7)(J).
(7) Amendments to new 3305.--Section 3305 of such title, as
designated by paragraph (2), is amended--
(A) by striking ``(6)'';
(B) by redesignating paragraph (7) as subsection (f);
(C) redesignating subparagraphs (A), (B), (C), and (D) as
subsections (a), (c), (d), and (e), respectively;
(D) by designating the second sentence of subsection (a),
as so redesignated, as subsection (b);
(E) in subsection (a), as so redesignated, by inserting
``Request for Debriefing.--'' before ``When the'';
(F) in subsection (b), as designated by subparagraph (D),
by inserting ``When Debriefing to Be Conducted.--'' before
``The contracting officer'';
(G) in subsection (c), as so redesignated--
(i) by inserting ``Precondition for Post-award
Debriefing.--'' before ``The contracting officer'';
(ii) by striking ``paragraph (5)'' and inserting
``section 3304 of this title'' ; and
(iii) by striking ``subparagraph (A)'' and inserting
``subsections (a) and (b)'';
(H) in subsection (d), as so redesignated--
(i) by inserting ``Information to Be Provided.--''
before ``The debriefing'';
(ii) by striking ``subparagraph (A)'' and inserting
``subsections (a) and (b)''; and
(iii) by redesignating clauses (i), (ii), and (iii) as
paragraphs (1), (2), and (3), respectively;
(I) in subsection (e), as so redesignated--
(i) by inserting ``Information Not to Be Disclosed.--''
before ``The debriefing''; and
(ii) by striking ``subparagraph (A)'' and inserting
``subsections (a) and (b)''; and
(J) in subsection (f), as redesignated by subparagraph
(B)--
(i) by inserting ``Summary to Be Included in File.--''
before ``The contracting officer''; and
(ii) by striking ``under paragraph (5) or (6)'' and
inserting ``this section''.
(8) Amendment to new 3306.--Section 3306 of such title, as
designated by paragraph (2), is amended by striking the paragraph
designation.
(9) Amendment to new 3307.--Section 3307 of such title, as
designated by paragraph (2), is amended by striking the paragraph
designation.
(d) New Sections.--Such chapter is further amended by adding at the
end the following new sections:
``Sec. 3308. Protests
``Sec. 3309. Prohibition on release of contractor proposals''.
(e) Transfer of Subsections (e) and (f) of Section 2305.--
(1) Transfer.--Subsections (e) and (f) of section 2305 of title
10, United States Code, are transferred to section 3308 of such
title, as added by subsection (d), inserted after the section
heading, and redesignated as subsections (a) and (b), respectively.
(2) Amendment to new 3308(a).--Subsection (a) of such section
3308, as redesignated by paragraph (1), is amended--
(A) by striking ``File.--(1) If, in the'' and inserting
``File.--
``(1) Establishment and access.--If, in the'';
(B) in paragraph (2), by inserting ``Redacted
information.--'' before ``Information exempt''; and
(C) by realigning paragraph (2) 2 ems to the right.
(f) Transfer of Subsection (g) of Section 2305.--
(1) Transfer and internal redesignations.--Subsection (g) of
section 2305 of title 10, United States Code, is transferred to
section 3309 of such title, as added by subsection (d), inserted
after the section heading, and amended--
(A) by striking the subsection designation and heading;
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (b), (c), and (a), respectively; and
(C) by transferring subsection (a), as so redesignated,
within that section so as to appear before subsection (b), as
so redesignated.
(2) Amendment to new 3309(a).--Subsection (a) of such section
3309, as redesignated and transferred by paragraph (1), is amended
by striking ``In this subsection,'' and inserting ``Definition.--In
this section,''.
(3) Amendments to new 3309(b).--Subsection (b) of such section
3309, as redesignated by paragraph (1), is amended--
(A) by inserting ``Prohibition.--'' before ``Except as
provided in'';
(B) by striking ``paragraph (2),'' and inserting
``subsection (c),''; and
(C) by striking ``section 2303'' and inserting ``section
3063''.
(4) Amendments to new 3309(c).--Subsection (c) of such section
3309, as redesignated by paragraph (1), is amended by striking
``Paragraph (1)'' and inserting ``Inapplicability.--Subsection
(b)''.
SEC. 1817. SPECIFIC TYPES OF CONTRACTS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 241, as added by the preceding section, the
following new chapter:
``CHAPTER 242--SPECIFIC TYPES OF CONTRACTS
``Sec.
``3321. Contracts awarded using procedures other than sealed-bid
procedures.
``3322. Cost contracts.
``3323. Cost-plus contracting prohibited for military construction and
military family housing projects.
``3324. Preference for fixed-price contracts.
``Sec. 3321. Contracts awarded using procedures other than sealed-bid
procedures
``Sec. 3322. Cost contracts
``Sec. 3323. Cost-plus contracting prohibited for military construction
and military family housing projects
``Sec. 3324. Preference for fixed-price contracts
``[Reserved].''.
(b) Transfer of Subsections (a) and (b) of Section 2306.--
Subsections (a) and (b) of section 2306 of title 10, United States
Code, are transferred to section 3321 of such title, as added by
subsection (a), and inserted after the section heading.
(c) Transfer of First Sentence of Subsection (a).--The first
sentence of such subsection (a) is further transferred to section 3322
of such title, as added by subsection (a), inserted after the section
heading, and designated as subsection (a).
(d) Amendments to New 3321.--
(1) New 3321(a).--Subsection (a) of such section 3321 (as
amended by subsection (c)) is amended--
(A) by inserting ``Authorized Types.--'' before ``Subject
to'';
(B) by striking ``the preceding sentence'' and inserting
``section 3322(a) of this title'';
(C) by striking ``this section'' and inserting ``this
chapter''; and
(D) by striking ``under this chapter'' and inserting
``under chapter 137 legacy provisions''.
(2) New 3321(b).--Subsection (b) of such section 3321 is
amended--
(A) by striking ``Each contract awarded'' and inserting
``Required Warranty.--
``(1) Content.--Each contract awarded'';
(B) by striking ``under this chapter'' and inserting
``under chapter 137 legacy provisions'';
(C) by striking ``maintained by him'' and inserting
``maintained by the contractor'';
(D) by designating the second and third sentences as
paragraphs (2) and (3), respectively, and realigning those
paragraphs 2 ems to the right;
(E) in paragraph (2), as so designated--
(i) by inserting ``Remedy for Breaking Warranty.--''
before ``If a contractor''; and
(ii) by striking ``the United States may annul the
contract without liability or may deduct'' and inserting
``the United States--
``(A) may annul the contract without liability; or
``(B) may deduct''; and
(F) in paragraph (3), as so designated--
(i) by inserting ``Inapplicability to Certain
Contracts.--'' before ``This subsection'';
(ii) by striking ``does not apply to a contract that is
for an amount not greater than the simplified acquisition
threshold or to a contract'' and inserting ``does not
apply--
``(A) to a contract that is for an amount not greater than
the simplified acquisition threshold; or
``(B) to a contract''.
(e) Transfer of Subsections (d) and (e) of Section 2306.--
Subsections (d) and (e) of section 2306 of title 10, United States
Code, are transferred to section 3322 of such title, as amended by
subsections (b) and (c), inserted at the end, and redesignated as
subsections (b) and (c), respectively.
(f) Amendments to New 3322.--
(1) New 3322(a).--Subsection (a) of such section 3322, as
transferred and designated by subsection (c), is amended by
inserting ``Cost-plus-a-percentage-of-cost System of Contracting
Prohibited.--'' before ``The cost-plus-a-percentage-of-cost
system''.
(2) New 3322(b).--Subsection (b) of such section 3322, as
transferred and redesignated by subsection (e), is amended by
inserting ``Cost-plus-a-fixed-fee Contracts.--'' before ``The fee
for performing a cost-plus-a-fixed-fee contract for experimental''.
(3) New 3322(c).--Subsection (c) of such section 3322, as
transferred and redesignated by subsection (e), is amended--
(A) by striking ``(1) Except as'' and inserting ``Advance
Notice of Certain Subcontracts.--
``(1) In general.--Except as''; and
(B) in paragraph (2)--
(i) by inserting ``Exception.--'' before ``Paragraph
(1)''; and
(ii) by realigning that paragraph 2 ems to the right.
(g) Transfer of Subsection (c) of Section 2306.--
(1) Transfer.--Subsection (c) of section 2306 of title 10,
United States Code, is transferred to section 3323 of such title,
as added by subsection (a), inserted after the section heading,
redesignated as subsection (a), and amended by designating the
second sentence as subsection (b).
(2) Amendment to new 3323(a).--Subsection (a) of such section
3323, as so transferred and redesignated, is amended by inserting
``Prohibition.--'' before ``A contract entered into''.
(3) Amendments to new 3323(b).--Subsection (b) of such section
3323, as designated by paragraph (1), is amended--
(A) by striking ``This'' and inserting ``Applicability.--
The'';
(B) by striking ``prohibition is in addition to the
prohibition specified in subsection (a)'' and inserting
``prohibition specified in subsection (a)--
``(1) is in addition to the prohibition specified in section
3322(a) of this title''; and
(C) by striking ``system of contracting and applies
notwithstanding'' and inserting ``system of contracting; and
``(2) applies notwithstanding.''.
(h) Cross-reference Amendment.--Section 2343 of title 10, United
States Code, is amended by striking ``2306(a), 2306(b), 2306(e)'' and
inserting ``3351, 3352(a), 3352(c)''.
SEC. 1818. OTHER MATTERS RELATING TO AWARDING OF CONTRACTS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 242, as added by the preceding section, the
following new chapter:
``CHAPTER 243--OTHER MATTERS RELATING TO AWARDING OF CONTRACTS
``Sec.
``3341. [Reserved].
``3342. [Reserved].
``3343. [Reserved].
``3344. Disclosure of identity of contractor.
``3345. Contract authority for advanced development of initial or
additional prototype units.''.
(b) Transfer of Section 2316.--Section 2316 of title 10, United
States Code, is transferred to chapter 243 of such title, as added by
subsection (a), inserted after the table of sections, and redesignated
as section 3344.''.
(c) Transfer of Section 2302e.--Section 2302e of title 10, United
States Code, is transferred to chapter 243 of such title, inserted
after section 3344, as transferred and redesignated by subsection (b),
redesignated as section 3345, and amended in subsection (a) by striking
``section 2302(2)(B)'' and inserting ``section 3012(2)''.
SEC. 1819. UNDEFINITIZED CONTRACTUAL ACTIONS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 243, as added by the preceding section, the
following new chapter:
``CHAPTER 244--UNDEFINITIZED CONTRACTUAL ACTIONS
``Sec.
``3371. Undefinitized contractual actions: required description of
anticipated effect on military department requirements if use
of undefinitized contractual action results in delay.
``3372. Undefinitized contractual actions: requirements and limitations
relating to definitization of contractual terms,
specifications, and price.
``3373. Undefinitized contractual actions: limitation on inclusion of
non-urgent requirements and on modification of scope.
``3374. Undefinitized contractual actions: allowable profit.
``3375. Undefinitized contractual actions: time limit.
``3376. [Reserved].
``3377. Inapplicability to Coast Guard and National Aeronautics and
Space Administration; definitions.
``Sec. 3371. Undefinitized contractual actions: required description of
anticipated effect on military department requirements if use of
undefinitized contractual action results in delay
``Sec. 3372. Undefinitized contractual actions: requirements and
limitations relating to definitization of contractual terms,
specifications, and price
``Sec. 3373. Undefinitized contractual actions: limitation on inclusion
of non-urgent requirements and on modification of scope
``Sec. 3374. Undefinitized contractual actions: allowable profit
``Sec. 3375. Undefinitized contractual actions: time limit
``Sec. 3377. Inapplicability to Coast Guard and National Aeronautics
and Space Administration; definitions''.
(b) Transfer of Subsection (a) of Section 2326.--Subsection (a) of
section 2326 of title 10, United States Code, is transferred to section
3371 of such title, as added by subsection (a), inserted after the
section heading, and amended by striking the subsection designation and
subsection heading.
(c) Transfer of Subsections (b), (c), and (h) of Section 2326.--
(1) Transfer.--Subsections (b), (c), and (h) of section 2326 of
title 10, United States Code, are transferred to section 3372 of
such title, as added by subsection (a), inserted (in that order)
after the section heading, and redesignated as subsections (a),
(b), and (c), respectively.
(2) Amendments to new 3372(a).--Subsection (a) of such section
3372, as transferred and redesignated by paragraph (1), is
amended--
(A) by striking ``Limitations on Obligation of Funds.--(1)
A contracting officer'' and inserting ``Contractual Action to
Provide Time for Definitization of Contractual Terms,
Specifications, and Price; Limitations on Obligation of
Funds.--
``(1) Terms for time for definitization to be included in
contractual action.--A contracting officer'';
(B) by redesignating paragraphs (2) and (3) as
subparagraphs (A) and (B), respectively, and realigning those
subparagraphs 4 ems to the right;
(C) by inserting before subparagraph (A), as so
redesignated and realigned, the following:
``(2) Limitation on obligation of funds before
definitization.--'';
(D) in such subparagraph (A), as so redesignated, by
striking ``Except as provided in paragraph (3),'' and inserting
``50 percent limitation.--Except as provided in subparagraph
(B),'';
(E) in such subparagraph (B), as so redesignated and
realigned--
(i) by inserting ``75 percent limitation when
contractor submits qualifying proposal.--'' before ``If a
contractor''; and
(ii) by striking ``subsection (h)'' and inserting
``section 3377(b) of this title'';
(F) by redesignating paragraph (4) as paragraph (3) and
inserting ``Waiver authority.--'' in that paragraph before
``The head of''; and
(G) by redesignating paragraph (5) as paragraph (4) and
inserting ``Inapplicability with respect to purchase of initial
spares.--'' in that paragraph before ``This subsection does
not''.
(3) Amendment to new 3372(b).--Subsection (b) of such section
3372, as transferred and redesignated by paragraph (1), is amended
by striking ``subsection (b)(1)'' and inserting ``subsection
(a)(1)''.
(4) Amendments to new 3372(c).--Subsection (c) of such section
3372, as transferred and redesignated by paragraph (1), is
amended--
(A) by striking ``Contracts.--(1) Except as provided in''
and inserting ``Contracts.--
``(1) 180-day requirement.--Except as provided in'';
(B) by striking ``subsection (b)(1)(A)'' and inserting
``subsection (a)(1)(A)'';
(C) by realigning paragraph (2) 2 ems to the right; and
(D) in paragraph (2)--
(i) by inserting ``Waiver authority.--'' before ``The
requirement''; and
(ii) by striking ``subsection (b)(4)'' and inserting
``subsection (a)(3)''.
(d) Transfer of Subsections (d) and (e) of Section 2326.--
Subsections (d) and (e) of section 2326 of title 10, United States
Code, are transferred to section 3373 of such title, as added by
subsection (a), inserted after the section heading, and redesignated as
subsections (a) and (b), respectively.
(e) Transfer of Subsection (f) of Section 2326.--
(1) Transfer.--Subsection (f) of section 2326 of title 10,
United States Code, is transferred to section 3374 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by redesignating paragraphs (1) and (2) as subsections
(a) and (b), respectively.
(2) Amendments to new 3374(a).--Subsection (a) of such section
3374, as so transferred and redesignated, is amended--
(A) by inserting ``Allowed Profit to Reflect Certain
Reduced Cost Risks of Contractor.--'' before ``The head of an
agency''; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(3) Amendment to new 3374(b).--Subsection (b) of such section
3374, as so transferred and redesignated, is amended by inserting
``Date as of Which Contractor Cost Risk to Be Determined.--''
before ``If a contractor''.
(f) Transfer of Subsection (g) of Section 2326.--Subsection (g) of
section 2326 of title 10, United States Code, is transferred to section
3375 of such title, as added by subsection (a), inserted after the
section heading, and amended by striking the subsection designation and
subsection heading.
(g) Transfer of Subsections (i) and (j) of Section 2326.--
Subsections (i) and (j) of section 2326 of title 10, United States
Code, are transferred to section 3377 of such title, as added by
subsection (a), inserted after the section heading, redesignated as
subsections (a) and (b), respectively, and amended by striking
``section'' in each such subsection and inserting ``chapter''.
SEC. 1820. TASK AND DELIVERY ORDER CONTRACTS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 245 and inserting the following:
``CHAPTER 245--TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD
CONTRACTS)
``Sec.
``3401. Task and delivery order contracts: definitions.
``3402. [Reserved].
``3403. Task and delivery order contracts: general authority.
``3404. Guidance on use of task and delivery order contracts.
``3405. Task order contracts: advisory and assistance services.
``3406. Task and delivery order contracts: orders.''.
(b) Transfer of Section 2304d.--
(1) Transfer.--Section 2304d of title 10, United States Code,
is transferred to chapter 245 of such title, as amended by
subsection (a), inserted after the table of sections, redesignated
as section 3401, and amended by striking ``In sections 2304a,
2304b, and 2304c of this title'' and inserting ``In this chapter''.
(2) Order of definition paragraphs.--Paragraphs (1) and (2) of
such section 3401, as so transferred and redesignated, are reversed
in order and redesignated accordingly.
(3) Amendments to new 3401(1).--Paragraph (1) of such section,
as so redesignated, is amended--
(A) by inserting ``Delivery order contract.--'' before
``The term'';
(B) by striking ``for property that does not'' and
inserting ``for property--
``(A) that does not''; and
(C) by striking ``quantity) and that provides for'' and
inserting ``quantity); and
``(B) that provides for''.
(4) Amendments to new 3401(2).--Paragraph (2) of such section,
as so redesignated, is amended--
(A) by inserting ``Task order contract.--'' before ``The
term'';
(B) by striking ``for services that does not'' and
inserting ``for services--
``(A) that does not''; and
(C) by striking ``quantity) and that provides for'' and
inserting ``quantity); and
``(B) that provides for''.
(c) Transfer of Section 2304a.--
(1) Transfer.--Section 2304a of title 10, United States Code,
is transferred to chapter 245 of such title, as amended by
subsection (a), inserted after section 3401, as transferred and
redesignated by subsection (b), and redesignated as section 3403.
(2) Amendments to new 3403(a).--Subsection (a) of such section,
as so redesignated, is amended--
(A) by striking ``section 2304c'' and inserting ``section
3406''; and
(B) by striking ``section 2304d'' and inserting ``section
3401''.
(3) Amendments to new 3403(c).--Subsection (c) of such section,
as so redesignated, is amended--
(A) by striking ``section only if an exception'' and
inserting ``only if--
``(1) an exception'';
(B) by striking ``subsection (c) of section 2304'' and
inserting ``subsection (a) of section 3204'';
(C) by striking ``the contract and the use of such'' and
inserting ``the contract; and
``(2) the use of such''; and
(D) by striking ``subsection (f)'' and inserting
``subsection (e)''.
(4) Amendments to new 3403(d).--Subsection (d) of such section,
as so redesignated, is amended--
(A) by striking ``Contract Awards.--(1) The head of an
agency'' and inserting ``Contract Awards.--
``(1) Exercise of authority.--The head of an agency''.
(B) in paragraph (2)--
(i) by inserting ``Determination not required.--''
before ``No determination''; and
(ii) by striking ``section 2304(b)'' and inserting
``section 3203'';
(C) in paragraph (3)--
(i) by striking ``(A) Except as'' and inserting ``When
Single Source Awards for Task or Delivery Order Contracts
Exceeding $100,000,000 Are Allowed.--(A) Except as''; and
(ii) in subparagraph (B), by striking ``section
2304(c)'' and inserting ``section 3204(a)''; and
(D) in paragraph (4), by inserting ``Regulations.--''
before ``The regulations''.
(5) Amendments to new 3403(g).--Subsection (g) of such section,
as so redesignated, is amended by striking ``section 2304b'' and
inserting ``section 3405''.
(d) Transfer of Section 2304b.--
(1) Transfer.--Section 2304b of title 10, United States Code,
is transferred to chapter 245 of such title, as amended by
subsection (a), inserted after section 3403, as transferred and
redesignated by subsection (c), and redesignated as section 3405.
(2) Internal redesignations.--Subsections (a), (b), (c), (d),
(e), (f), (g), (h), and (i) of such section are redesignated as
subsections (b), (c), (d), (e), (f), (g), (h), (i), and (a),
respectively, and subsection (a), as so redesignated, is
transferred to the beginning of such section so as to appear after
the section heading.
(3) Amendments to new 3405(b).--Subsection (b) of such section,
as so redesignated, is amended--
(A) by striking ``section 2304c'' and inserting ``section
3406''; and
(B) by striking ``section 2304d'' and inserting ``section
3401''.
(4) Amendments to new 3405(e).--Subsection (e) of such section,
as so redesignated, is amended--
(A) by striking ``and Contract.--(1) The solicitation'' and
inserting ``and Contract.--
``(1) Solicitation.--The solicitation'';
(B) by striking ``section 2304a(b)'' and inserting
``3403(b)''; and
(C) by realigning paragraph (2) 2 ems to the right and
inserting ``Contract.--'' in that paragraph before ``A task
order''.
(5) Amendments to new 3405(f).--Subsection (f) of such section,
as so redesignated, is amended--
(A) by striking ``Multiple Awards.--(1) The head of an
agency'' and inserting ``Multiple Awards.--
``(1) Authority to make multiple awards.--The head of an
agency''.
(B) by realigning paragraphs (2) and (3) 2 ems to the
right;
(C) by inserting ``Content of solicitation.--'' in
paragraph (2) before ``If, in the case of''; and
(D) by inserting ``Nonapplication.--'' in paragraph (3)
before ``Paragraph (2) does not''.
(6) Amendments to new 3405(g).--Subsection (g) of such section,
as so redesignated, is amended--
(A) by striking ``Contract Modifications.--(1) A task order
may not'' and inserting ``Contract Modifications.--
``(1) Increase in scope, period, or maximum value of contract
only by modification of contract.--A task order may not''.
(B) by realigning paragraphs (2) and (3) 2 ems to the
right;
(C) in paragraph (2)--
(i) by inserting ``Use of competitive procedures.--''
before ``Unless use of'';
(ii) by striking ``subsection (c) of section 2304'' and
inserting ``subsection (a) of section 3204''; and
(iii) by striking ``subsection (f)'' and inserting
``subsection (e)''; and
(D) in paragraph (3), by inserting ``Notice.--'' before
``Notice regarding''.
(7) Amendments to new 3405(h).--Subsection (h) of such section,
as so redesignated, is amended--
(A) by striking ``Contract Extensions.--(1) Notwithstanding
the limitation'' and inserting ``Contract Extensions.--
``(1) When contract may be extended.--Notwithstanding the
limitation'';
(B) in paragraph (1), by striking ``subsection (b)'' and
``subsection (e)'' and inserting ``subsection (c)'' and
``subsection (f)'', respectively; and
(C) by realigning paragraph (2) 2 ems to the right and
inserting ``Limit of one extension.--'' in that paragraph
before ``A task order contract''.
(e) Transfer of Section 2304c.--
(1) Transfer.--Section 2304c of title 10, United States Code,
is transferred to chapter 245 of such title, as amended by
subsection (a), inserted after section 3405, as transferred and
redesignated by subsection (d), and redesignated as section 3406.
(2) Internal redesignations.--Subsections (a), (b), (c), (e),
(f), and (g) of such section are redesignated as subsections (b),
(c), (e), (f), (g), and (a), respectively, subsection (a), as so
redesignated, is transferred to the beginning of such section so as
to appear after the section heading, and subsection (e), as so
redesignated, is transferred within such section so as to appear
after subsection (d).
(3) Amendments to new 3406(a).--Subsection (a) of such section,
as so transferred and redesignated, is amended by striking
``sections 2304a and 2304b'' and inserting ``sections 3403 and
3405''.
(4) Amendment to new 3406(b).--Paragraph (2) of subsection (b)
of such section, as so transferred and redesignated, is amended--
(A) by striking ``subsection (b)'' and inserting
``subsection (c)''; and
(B) by striking ``section 2304(f)'' and inserting ``section
3204(e)''.
(5) Amendments to new 3406(c).--Subsection (c) of such section,
as so transferred and redesignated, is amended--
(A) by striking ``section 2304a(d)(1) or 2304b(c)'' and
inserting ``section 3403(d)(1)(B) or 3405(f)''; and
(B) by striking ``section 2304(c)'' in paragraph (5) and
inserting ``section 3204(a)''.
(6) Amendments to new 3406(d).--Subsection (d) of such section
is amended--
(A) by striking ``subsection (b)'' and inserting
``subsection (c)''; and
(B) by striking ``section 2305(b)(5)'' in paragraph (5) and
inserting ``section 3304''.
(7) Amendments to new 3406(g).--Subsection (g) of such section
is amended--
(A) by striking ``Ombudsman.--Each head of an agency'' and
inserting ``Ombudsman.--
``(1) Appointment or designation and responsibilities.--Each
head of an agency''.
(B) by striking ``section 2304a(d)(1)(B) or 2304b(e)'' and
inserting ``section 3403(d)(1)(B) or 3405(f)'';
(C) by striking ``subsection (b)'' and inserting
``subsection (c)''; and
(D) by designating the second sentence as paragraph (2) and
inserting ``Who is eligible.--'' in that paragraph before ``The
task and delivery order''.
SEC. 1821. ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.
(a) Transfer of Chapter 140.--
(1) Transfer of chapter.--Chapter 140 of title 10, United
States Code, is transferred to part V of subtitle A of that title
10, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
inserted in place of chapter 247 as enacted by that section, and
redesignated as chapter 247.
(2) Redesignation of sections.--Sections in chapter 247 of
title 10, United States Code, as transferred and redesignated by
paragraph (1), are redesignated as follows:
----------------------------------------------------------------------------------------------------------------
New Section
Old Section No. No.
----------------------------------------------------------------------------------------------------------------
2375 3452
2376 3451
2377 3453
2379 3455
2380 3456
2380a 3457
----------------------------------------------------------------------------------------------------------------
(3) Table of sections.--The items in the table of sections at
the beginning of such chapter are amended to conform to the
redesignations made by paragraph (2).
(4) Tables of chapters.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part IV of
subtitle A, of title 10, United States Code, are amended by
striking the item relating to chapter 140.
(b) Amendments to Transferred Sections.--
(1) Section 3451.--
(A) Section 3451 of title 10, United States Code, as
redesignated by subsection (a)(2), is transferred within
chapter 247 of such title so as to appear after the table of
sections at the beginning of such chapter (and before section
3452 as so redesignated).
(B) The table of sections at the beginning of such chapter
is amended to conform to the transfer made by subparagraph (A).
(2) Section 3452.--Section 3452 of such title, as redesignated
by subsection (a)(2), is amended by striking ``section 2533a'' and
``section 2533b'' in subsection (e)(2) and inserting ``section
4862'' and ``section 4863'', respectively.
(3) Section 3453.--Section 3453 of such title, as redesignated
by subsection (a)(2), is amended by striking ``section 2379'' in
subsection (d)(1) and inserting ``section 3455''.
(4) Section 3455.--Section 3455 of such title, as redesignated
by subsection (a)(2), is amended by striking ``section 2306a'' in
subsection (c)(1) and inserting ``chapter 271''.
(5) Section 3456.--Section 3456 of such title, as redesignated
by subsection (a)(2), is amended by striking ``section
2306a(b)(4)(B)'' in subsection (b)(2)(B)(i) and inserting ``section
3703(d)(2)''.
(6) Section 3457.--Section 3457 of such title, as redesignated
by subsection (a)(2), is amended--
(A) by striking ``section 2376(1)'' in subsections (a) and
(b) and inserting ``section 3451(1)''; and
(B) by striking ``section 2302(9)'' in subsections (a) and
(b) and inserting ``section 3014''.
(7) Section incorporated into section 3457.--Such chapter is
further amended--
(A) by striking the heading of the final section of such
chapter, as transferred by subsection (a);
(B) in the text following such heading, by striking
``Notwithstanding section 2376(1)'' and inserting ``(c)
Commingled Items Purchased by Contractors.--Notwithstanding
section 3451(1)''; and
(C) in the table of sections at the beginning of the
chapter, by striking the final item.
SEC. 1822. MULTIYEAR CONTRACTS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 249 and inserting the following:
``CHAPTER 249--MULTIYEAR CONTRACTS
``Subchapter Sec.
``I. Multiyear Contracts for Acquisition of Property.............. 3501
``II. Multiyear Contracts for Acquisition of Services............. 3531
``III. Other Authorities Relating to Multiyear Contracts.......... 3551
``SUBCHAPTER I--MULTIYEAR CONTRACTS FOR ACQUISITION OF PROPERTY
``Sec.
``3501. Multiyear contracts for acquisition of property: authority;
definitions.
``3502. Multiyear contracts for acquisition of property: regulations.
``3503. Multiyear contracts for acquisition of property: contract
cancellation or termination.
``3504. Multiyear contracts for acquisition of property: participation
by subcontractors, vendors, and suppliers.
``3505. Multiyear contracts for acquisition of property: protection of
existing authority.
``3506. Department of Defense contracts: acquisition of weapon systems.
``3507. Department of Defense contracts: defense acquisitions
specifically authorized by law.
``3508. Department of Defense contracts: notice to congressional
committees before taking certain actions.
``3509. Department of Defense contracts: multiyear contracts with value
in excess of $500,000,000.
``3510. Department of Defense contracts: additional matters with respect
to multiyear defense contracts.
``3511. Increased funding and reprogramming requests.
``Sec. 3501. Multiyear contracts for acquisition of property:
authority; definitions
``Sec. 3502. Multiyear contracts for acquisition of property:
regulations
``Sec. 3503. Multiyear contracts for acquisition of property: contract
cancellation or termination
``Sec. 3504. Multiyear contracts for acquisition of property:
participation by subcontractors, vendors, and suppliers
``Sec. 3505. Multiyear contracts for acquisition of property:
protection of existing authority
``Sec. 3506. Department of defense contracts: acquisition of weapon
systems
``Sec. 3507. Department of defense contracts: defense acquisitions
specifically authorized by law
``Sec. 3508. Department of defense contracts: notice to congressional
committees before taking certain actions
``Sec. 3509. Department of defense contracts: multiyear contracts with
value in excess of $500,000,000
``Sec. 3510. Department of defense contracts: additional matters with
respect to multiyear defense contracts
``Sec. 3511. Increased funding and reprogramming requests''.
(b) Transfer of Subsection (a) of Section 2306b.--
(1) Transfer.--Subsection (a) of section 2306b of title 10,
United States Code, is transferred to section 3501 of such title,
as added by subsection (a), and inserted after the section heading.
(2) Conforming cross-reference amendment.--Paragraph (7) of
such subsection (a), as so transferred, is amended by striking
``subparagraphs (C) through (F) of subsection (i)(3)'' and
inserting ``paragraphs (3) through (6) of section 3507(c) of this
title''.
(c) Transfer of Subsection (k) of Section 2306b.--
(1) Transfer.--Subsection (k) of section 2306b of title 10,
United States Code, is transferred to section 3501 of such title,
as added by subsection (a), and inserted after subsection (a), as
transferred by subsection (b), and redesignated as subsection (b).
(2) Conforming amendment.--Such subsection (b), as so
transferred and redesignated, is amended by striking ``this
section'' and inserting ``this subchapter''.
(d) Transfer of Subsection (b) of Section 2306b.--
(1) Transfer and internal redesignations.--Subsection (b) of
section 2306b of title 10, United States Code, is transferred to
section 3502 of such title, as added by subsection (a), inserted
after the section heading, and amended--
(A) by striking the subsection designation and heading; and
(B) by redesignating paragraphs (1) and (2) as subsections
(a) and (b), respectively.
(2) Amendments to new 3502(a).--Subsection (a) of such section,
as so redesignated, is amended--
(A) by inserting ``Requirement.--'' before ``Each official
named'';
(B) by striking ``paragraph (2)'' and inserting
``subsection (b)''; and
(C) by striking ``subsection (a)'' and inserting ``section
3501 of this title''.
(3) Amendments to new 3502(b).--Subsection (b) of such section,
as so redesignated, is amended--
(A) by striking ``(A) The Secretary of Defense'' and
inserting ``Officials Specified to Prescribe Regulations.--
``(1) Department of defense.--The Secretary of Defense'';
(B) by redesignating subparagraphs (B) and (C) as
paragraphs (2) and (3), respectively, and realigning those
paragraphs 2 ems to the right;
(C) in paragraph (2), as so redesignated, by inserting
``Coast guard.--'' before ``The Secretary of Homeland''; and
(D) in paragraph (3), as so redesignated, by inserting
``NASA.--'' before ``The Administrator of''.
(e) Transfer of Subsections (c), (f), and (g) of Section 2306b.--
(1) Transfer.--Subsections (c), (f), and (g) of section 2306b
of title 10, United States Code, are transferred to section 3503 of
such title, as added by subsection (a), inserted (in that order)
after the section heading, and redesignated as subsections (a),
(b), and (c), respectively.
(2) Amendment to new 3503(a).--Subsection (a) of such section
3503, as transferred and redesignated by paragraph (1), is amended
by inserting ``under section 3502 of this title'' after ``The
regulations''.
(3) Amendment to new 3503(b).--Subsection (b) of such section
3503, as transferred and redesignated by paragraph (1), is amended
by striking ``under this section'' and inserting ``under this
subchapter''.
(4) Amendments to new 3503(c).--Subsection (c) of such section
3503, as transferred and redesignated by paragraph (1), is
amended--
(A) by striking ``Ceilings Exceeding'' and all that follows
through ``Before any'' and inserting ``Ceilings Exceeding
$100,000,000.--
``(1) Before any'';
(B) by realigning paragraph (2) 2 ems to the right:
(C) by striking ``subsection (a)'' in paragraphs (1) and
(2) and inserting ``section 3501(a) of this title''; and
(D) in paragraph (2), by striking ``required by'' and all
that follows through ``give written'' and inserting ``required
by section 3507(c) of this title, give written''.
(f) Transfer of Subsection (d) of Section 2306b.--
(1) Transfer.--Subsection (d) of section 2306b of title 10,
United States Code, is transferred to section 3504 of such title,
as added by subsection (a), inserted after the section heading, and
amended by striking the subsection designation and heading.
(2) Amendments to new 3504.--Such section is further amended--
(A) by inserting ``under section 3502 of this title'' after
``the regulations''; and
(B) in paragraph (1), by striking ``subsection (a)'' and
inserting ``section 3501(a) of this title''.
(g) Transfer of Subsection (e) of Section 2306b.--
(1) Transfer.--Subsection (e) of section 2306b of title 10,
United States Code, is transferred to section 3505 of such title,
as added by subsection (a), inserted after the section heading, and
amended by striking the subsection designation and heading.
(2) Amendments to new 3505.--Such section is further amended--
(A) by inserting ``under section 3502 of this title'' after
``The regulations'';
(B) by striking ``this section'' both places it appears and
inserting ``this subchapter''; and
(C) in paragraph (1), by striking ``such a contract'' and
inserting ``a contract under section 3501(a) of this title''.
(h) Transfer of Subsection (h) of Section 2306b.--
(1) Transfer.--Subsection (h) of section 2306b of title 10,
United States Code, is transferred to section 3506 of such title,
as added by subsection (a), inserted after the section heading, and
amended by striking the subsection designation and heading.
(2) Amendments to new 3506.--Such section is further amended--
(A) by striking ``subsection (a)'' and inserting ``section
3501(a) of this title''; and
(B) by striking ``this section'' and inserting ``this
subchapter''.
(i) Transfer of Subsection (i) of Section 2306b.--
(1) Transfer.--Subsection (i) of section 2306b of title 10,
United States Code, is transferred to section 3507 of such title,
as added by subsection (a), inserted after the section heading, and
amended by striking the subsection designation and heading.
(2) Internal redesignations and transfers.--Paragraphs (1),
(2), (3), (4), (5), (6), and (7) of such section 3507 are
redesignated as subsections (a), (b), (c), (f), (g), (d), and (e),
respectively, and subsections (d) and (e), as so redesignated, are
transferred within that section so as to appear after subsection
(c), as so redesignated.
(3) Amendments to new 3507(a).--Subsection (a) of such section,
as so redesignated, is amended--
(A) by inserting ``Limitation.--'' before ``In the case
of''; and
(B) by striking ``this section'' and inserting ``this
subchapter''.
(4) Amendments to new 3507(b).--Subsection (b) of such section,
as redesignated by paragraph (2), is amended--
(A) by inserting ``Matters to Be Included in Request for
Authorization.--'' before ``In submitting'';
(B) by striking ``this section'' and inserting ``this
subchapter'';
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(D) in paragraph (1), as so redesignated, by striking
``subsection (a)'' and inserting ``section 3501(a) of this
title''; and
(E) in paragraph (2), as so redesignated, by striking
``subparagraph (A)'' and inserting ``paragraph (1)''.
(5) Amendments to new 3507(c).--Subsection (c) of such section,
as redesignated by paragraph (2), is amended--
(A) by inserting ``Required Certification.--'' before ``A
multiyear contract'';
(B) by striking ``this section'' and inserting ``this
subchapter'';
(C) by redesignating subparagraphs (A) through (G) as
paragraphs (1) through (7), respectively;
(D) in paragraph (1), as so redesignated, by striking
``subsection (a)'' and inserting ``section 3501(a) of this
title'';
(E) in paragraph (2), as so redesignated, by striking
``section'' and all that follows through ``of this title'' and
inserting ``section 3226(b) of this title''; and
(F) in paragraph (3), as so redesignated, by striking
``section 2433(d)'' and inserting ``section 4374''.
(6) Amendments to new 3507(d).--Subsection (d) of such section,
as redesignated and transferred by paragraph (2), is amended--
(A) by inserting ``Authority When One or More Conditions
Not Met.--'' before ``The Secretary may'';
(B) by striking ``paragraph (3)'' and inserting
``subsection (c)'';
(C) by striking ``not met, if the Secretary determines
that'' and inserting ``not met, if--
``(1) the Secretary determines that''; and
(D) by striking ``of Defense and the Secretary provides''
and inserting ``of Defense; and
``(2) the Secretary provides''.
(7) Amendments to new 3507(e).--Subsection (e) of such section,
as redesignated and transferred by paragraph (2), is amended--
(A) by inserting ``Limitation on Delegation.--'' before
``The Secretary may not'';
(B) by striking ``paragraph (3)'' and inserting
``subsection (c)''; and
(C) by striking ``paragraph (6)'' and inserting
``subsection (d)''.
(8) Amendments to new 3507(f).--Subsection (f) of such section,
as redesignated by paragraph (2), is amended--
(A) by inserting ``Requests for Relief From Specified Cost
Savings.--'' before ``If for any''; and
(B) by striking ``this section'' and inserting ``this
subchapter''.
(9) Amendments to new 3507(g).--Subsection (g) of such section,
as redesignated by paragraph (2), is amended--
(A) by striking ``(A) The Secretary may'' and inserting
``Procurement of Complete and Usable End Items.--
``(1) In general.--The Secretary may'';
(B) by redesignating subparagraph (B) as paragraph (2); and
(C) in paragraph (2), as so redesignated--
(i) by realigning the paragraph 2 ems to the right; and
(ii) by inserting ``Long-lead items.--'' before ``The
Secretary may''.
(j) Transfer of Subsection (l) of Section 2306b.--
(1) Transfer to new sections 3508, 3509, and 3510.--
(A) Transfers of certain paragraphs of 2306b to new 3509.--
(i) Paragraph (3) of subsection (l) of section 2306b of
title 10, United States Code, is transferred to section
3509 of such title, as added by subsection (a), inserted
after the section heading, and redesignated as subsection
(a).
(ii) Such section 3509 is further amended by adding at
the end the following:
``(b) Report Required Before Entering Into Contract Above
Threshold.--''.
(iii) Paragraph (5) of subsection (l) of such section
2306b is transferred to section 3509 of such title, as
added by subsection (a), inserted at the end of subsection
(b), as added by clause (ii), and redesignated as paragraph
(1).
(iv) Paragraphs (4) and (9) of subsection (l) of such
section 2306b are transferred to section 3509 of such
title, as added by subsection (a), inserted (in that order)
after paragraph (1) of subsection (b), as transferred and
redesignated by clause (iii), and redesignated as
paragraphs (2) and (3), respectively.
(B) Transfer of certain paragraphs of 2306b to new 3510.--
Paragraphs (2) and (7) of subsection (l) of such section 2306b
are transferred to section 3510 of such title, as added by
subsection (a), inserted after the section heading, and
redesignated as subsection (b) and (c), respectively.
(C) Transfer of remaining paragraphs of 2306b to new
3508.--Subsection (l) of such section 2306b (as amended by
subparagraphs (A) and (B)) is transferred to section 3508 of
such title, as added by subsection (a), inserted after the
section heading, and amended--
(i) by striking the subsection designation and
subsection heading; and
(ii) by redesignating paragraphs (1), (6), and (8) as
subsections (a), (b), and (c), respectively.
(2) Amendments to new 3508(a).--Subsection (a) of such section
3508, as transferred and redesignated by paragraph (1)(C), is
amended--
(A) by striking ``(A) The head of an agency'' and inserting
``Notice Before Award of Certain Contracts.--
``(1) Required notice.--The head of an agency'';
(B) by striking ``subparagraph (B)'' and inserting
``paragraph (2)'';
(C) by redesignating subparagraph (B) as paragraph (2) and
realigning that paragraph 2 ems to the right; and
(D) in paragraph (2), as so redesignated--
(i) by striking ``subparagraph (A)'' and inserting
``Covered contracts.--Paragraph (1)'';
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(iii) by redesignating subclauses (I) and (II) of
subparagraph (A), as so redesignated, as clauses (i) and
(ii), respectively.
(3) Amendment to new 3508(b).--Subsection (b) of such section
3508, as transferred and redesignated by paragraph (1)(C), is
amended by inserting ``Notice Before Terminating Multiyear
Procurement Contract.--'' before ``The head of''.
(4) Amendments to new 3508(c).--Subsection (c) of such section
3508, as transferred and redesignated by paragraph (1)(C), is
amended by striking ``This subsection does not'' and inserting
``Inapplicability to Noaa and Coast Guard.--This section and
sections 3509 and 3510 of this title do not''.
(5) Amendment to new 3509(a).--Subsection (a) of such section
3509, as transferred and redesignated by paragraph (1)(A)(i), is
amended by inserting ``Limitation.--'' before ``The head of''.
(6) Amendments to new 3509(b).--Subsection (b) of such section
3509, as designated and amended by clauses (ii), (iii), and (iv) of
paragraph (1)(A), is amended--
(A) in paragraph (1)--
(i) by inserting ``In general.--'' before ``The head
of''; and
(ii) by striking ``paragraph (4)'' and inserting
``paragraph (2)'';
(B) in paragraph (2), by striking ``Each report required by
paragraph (5)'' and inserting ``Matter to be included in
report.--Each report required by paragraph (1)''; and
(C) in paragraph (3), by inserting ``Definitions.--''
before ``In this''.
(7) Amendment to new 3510(b).--Subsection (b) of such section
3510, as transferred and redesignated by paragraph (1)(B), is
amended by inserting ``Funding for Economic Order Quantity Advance
Procurement.--'' before ``The head of''.
(8) Amendment to new 3510(c).--Subsection (c) of such section
3510, as transferred and redesignated by paragraph (1)(B), is
amended by inserting ``Use of Present Value Analysis.--'' before
``The execution of''.
(k) Transfer of Subsection (j) of Section 2306b to New 3510.--
Subsection (j) of section 2306b of title 10, United States Code, is
transferred to section 3510 of such title, as added by subsection (a),
inserted after the section heading, redesignated as subsection (a), and
amended by striking the first word of the subsection heading.
(l) Transfer of Subsection (m) of Section 2306b to New 3511.--
Subsection (m) of section 2306b of title 10, United States Code, is
transferred to section 3511 of such title, as added by subsection (a),
inserted after the section heading, and amended--
(1) by striking the subsection designation and subsection
heading;
(2) by striking ``this section'' and inserting ``this
subchapter''; and
(3) by striking ``subsection (i)'' and inserting ``section 3507
of this title''.
(m) New Subchapter.--Chapter 249 of title 10, United States Code,
as amended by subsection (a), is amended by adding at the end the
following new subchapter:
``SUBCHAPTER II--MULTIYEAR CONTRACTS FOR ACQUISITION OF SERVICES
``Sec.
``3531. Multiyear contracts for acquisition of services: authority;
definitions.
``3532. Multiyear contracts for acquisition of services: applicable
principles.
``3533. Multiyear contracts for acquisition of services: contract
cancellation or termination.
``3534. Multiyear contracts for acquisition of services: contracts with
value above $500,000,000 to be specifically authorized by law.
``3535. Multiyear contracts for acquisition of services: notice to
congressional committees before taking certain actions.
``Sec. 3531. Multiyear contracts for acquisition of services:
authority; definitions
``Sec. 3532. Multiyear contracts for acquisition of services:
applicable principles
``Sec. 3533. Multiyear contracts for acquisition of services: contract
cancellation or termination
``Sec. 3534. Multiyear contracts for acquisition of services: contracts
with value above $500,000,000 to be specifically authorized by law
``Sec. 3535. Multiyear contracts for acquisition of services: notice to
congressional committees before taking certain actions''.
(n) Transfer of Subsections (a), (b), (f), and (h) of Section
2306c.--
(1) Transfer.--Subsections (a), (b), (f), and (h) of section
2306c of title 10, United States Code, are transferred to section
3531 of such title, as added by subsection (n), and inserted (in
that order) after the section heading, and subsections (f) and (h)
are redesignated as subsections (c) and (d), respectively.
(2) Amendment to new 3531(a).--Subsection (a) of such section
3531, as so transferred, is amended by striking ``subsections (d)
and (e)'' and inserting ``sections 3533 and 3534 of this title''.
(3) Amendment to new 3531(c) & (d).--Subsections (c) and (d) of
such section 3531, as so transferred and redesignated, are each
amended by striking ``this section'' and inserting ``this
subchapter''.
(o) Transfer of Subsection (c) of Section 2306c.--Subsection (c) of
section 2306c of title 10, United States Code, is transferred to
section 3532 of such title, as added by subsection (m), inserted after
the section heading, and amended--
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ``this section'' and inserting ``this
subchapter''.
(p) Transfer of Subsection (e) of Section 2306c.--Subsection (e) of
section 2306c of title 10, United States Code, is transferred to
section 3533 of such title, as added by subsection (m), inserted after
the section heading, and redesignated as subsection (a).
(q) Transfer of Paragraphs (4) & (5) of Subsection (d) of Section
2306c.--
(1) Insertion of subsection (b) designation.--Such section 3533
is further amended by adding at the end the following:
``(b) Contract Cancellation Ceilings Exceeding $100,000,000.--''.
(2) Transfer and redesignation of paragraphs.--Paragraphs (4)
and (5) of subsection (d) of section 2306c of title 10, United
States Code, are transferred to such section 3533 of such title,
inserted at the end of subsection (b), as added by paragraph (1),
and redesignated as paragraphs (1) and (2), respectively.
(3) Amendment to new 3533(b)(1).--Paragraph (1) of such
subsection (b), as so transferred and redesignated, is amended by
striking ``subsection (a)'' and inserting ``sections 3531(a) of
this title''.
(4) Amendment to new 3533(b)(2).--Paragraph (2) of such
subsection (b), as so transferred and redesignated, is amended--
(A) by striking ``subsection (a)'' and inserting ``sections
3531(a) of this title''; and
(B) by striking ``paragraph (4)'' and inserting ``paragraph
(1)''.
(r) Transfer of Paragraph (2) of Subsection (d) of Section 2306c.--
Paragraph (2) of subsection (d) of such section 2306c is transferred to
section 3534 of such title, as added by subsection (m), inserted after
the section heading, and amended--
(1) by striking the paragraph designation; and
(2) by striking ``this section'' and inserting ``this
subchapter''.
(s) Transfer of Remainder of Subsection (d) of Section 2306c.--
(1) Transfer.--Subsection (d) of such section 2306c (as amended
by subsections (r) and (s)) is transferred to section 3535 of such
title, as added by subsection (m), inserted after the section
heading, and amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by redesignating paragraphs (1) and (3) as subsections
(a) and (b), respectively.
(2) Amendments to new 3535(a).--Subsection (a) of such section
3535, as so transferred and redesignated, is amended--
(A) by inserting ``Notice Before Award of Certain
Contracts.--'' before ``The head of an agency''; and
(B) by striking ``this section'' and inserting ``this
subchapter''.
(3) Amendment to new 3535(b).--Subsection (b) of such section
3535, as so transferred and redesignated, is amended by inserting
``Notice Before Terminating Multiyear Procurement Contract for
Services.--'' before ``The head of an agency''.
(t) Other Authorities.--
(1) New subchapter.--Chapter 249 of title 10, United States
Code, as amended by this section, is further amended by adding at
the end the following new subchapter:
``SUBCHAPTER III--OTHER AUTHORITIES RELATING TO MULTIYEAR CONTRACTS
``Sec.
``3551. Multiyear procurement authority: purchase of dinitrogen
tetroxide, hydrazine, and hydrazine-related products.''.
(2) Transfer of section 2410o.--Section 2410o of title 10,
United States Code, is transferred to subchapter III of chapter 249
of such title, as added by paragraph (1), inserted after the table
of sections, and redesignated as section 3551.
SEC. 1823. SIMPLIFIED ACQUISITION PROCEDURES.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 251 and inserting the following:
``CHAPTER 251--SIMPLIFIED ACQUISITION PROCEDURES
``Sec.
``3571. Simplified acquisition threshold.
``3572. Implementation of simplified acquisition procedures.
``3573. Micro-purchase threshold.''.
(b) Transfer of Sections.--Section 2302a, 2302b, and 2338 of title
10, United States Code, are transferred to chapter 251 of such title,
as amended by subsection (a), inserted (in that order) after the table
of sections, and redesignated as sections 3571, 3572, and 3573,
respectively.
(c) Conforming Cross-reference Amendments.--
(1) Section 3571 of such title, as so transferred and
redesignated, is amended by striking ``section 2303'' in subsection
(a) and inserting ``section 3063''.
(2) Section 3572 of such title, as so transferred and
redesignated, is amended by striking ``section 2303(a)'' and
inserting ``section 3063''.
SEC. 1824. RAPID ACQUISITION PROCEDURES.
(a) Revised Chapter Outline.--Part V of subtitle A of title 10,
United States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), is amended by striking chapter 253 and inserting the
following:
``CHAPTER 253--RAPID ACQUISITION PROCEDURES
``Subchapter
Sec.
``I. [Reserved]................................................... 3601
``II. [Reserved].................................................3611''.
(b) Clerical Amendments.--The tables of chapters at the beginning
of subtitle A, and at the beginning of part V of subtitle A, of title
10, United States Code, are amended by striking the item relating to
chapter 253 and inserting the following new item:
``253. Rapid Acquisition Procedures..............................3601''.
SEC. 1825. CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS,
AIRCRAFT, AND COMBAT VEHICLES.
(a) New Chapters.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 255 the following new chapters:
``CHAPTER 257--CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS,
AIRCRAFT, AND COMBAT VEHICLES
``Sec.
``3671. Requirement for authorization by law of certain contracts
relating to vessels, aircraft, and combat vehicles.
``3672. Requirement of specific authorization by law for appropriation,
and for obligation and expenditure, of funds for certain
contracts relating to aircraft, naval vessels, and combat
vehicles.
``3673. Limitation on indemnification.
``3674. Long-term lease or charter defined; substantial termination
liability.
``3675. Capital lease or lease-purchase treated as an acquisition.
``3676. Guidelines.
``3677. Contracts for lease or use of vessels for a term of greater than
two years but less than five years: prior notice to
congressional committees.
``3678. Contracts with terms of 18 months or more: limitation.
``Sec. 3671. Requirement for authorization by law of certain contracts
relating to vessels, aircraft, and combat vehicles
``Sec. 3672. Requirement of specific authorization by law for
appropriation, and for obligation and expenditure, of funds for
certain contracts relating to aircraft, naval vessels, and combat
vehicles
``Sec. 3673. Limitation on indemnification
``Sec. 3674. Long-term lease or charter defined; substantial
termination liability
``Sec. 3675. Capital lease or lease-purchase treated as an acquisition
``Sec. 3676. Guidelines
``Sec. 3677. Contracts for lease or use of vessels for a term of
greater than two years but less than five years: prior notice to
congressional committees
``Sec. 3678. Contracts with terms of 18 months or more: limitation
``CHAPTER 258--OTHER TYPES OF CONTRACTS USED FOR PROCUREMENTS FOR
PARTICULAR PURPOSES
``Sec.
``3681. Leasing of commercial vehicles and equipment.
``Sec. 3681. Leasing of commercial vehicles and equipment''.
(b) Transfer of Subsections (a) and (b) of Section 2401.--
Subsections (a) and (b) of section 2401 of title 10, United States
Code, are transferred to section 3671 of such title, as added by
subsection (a), and inserted after the section heading.
(c) Transfer of Subsection (c)(2) of Section 2401.--Paragraph (2)
of subsection (c) of such section 2401 is transferred to section 3673
of such title, as added by subsection (a), inserted after the section
heading, and amended--
(1) by striking the paragraph designation;
(2) by striking ``this section'' and inserting ``this
chapter''; and
(3) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively.
(d) Transfer of Subsection (c)(1) of Section 2401.--Subsection (c)
of such section 2401 (as amended by subsection (c)), is transferred to
section 3672 of such title, as added by subsection (a), inserted after
the section heading, redesignated as subsection (a), and amended--
(1) by striking ``(1) Funds may not'' and inserting
``Limitation.--Funds may not''; and
(2) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively.
(e) Transfer of Subsection (e) of Section 2401.--Subsection (e) of
section 2401 of such title, is transferred to section 3672 of such
title, as added by subsection (a), inserted after subsection (a), as
transferred and redesignated by subsection (d), redesignated as
subsection (b), and amended--
(1) by striking ``(1) Whenever a request'' and inserting
``Matter to Be Submitted to Congress.--(1) Whenever a request'';
(2) in paragraph (2), by striking ``subsection (g)'' and
inserting ``section 3676 of this title''; and
(3) in paragraph (3), by striking ``this section'' and
inserting ``this chapter''.
(f) Transfer of Subsection (d) of Section 2401.--
(1) Transfer.--Subsection (d) of section 2401 of such title is
transferred to section 3674 of such title, as added by subsection
(a), inserted after the section heading, and amended--
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1) and (2) as subsections
(a) and (b), respectively.
(2) Amendments to new 3674(a).--Subsection (a) of such section
3674, as so redesignated, is amended--
(A) by striking ``(A) In this section'' and inserting
``Long-term Lease or Charter.--
``(1) General rule.--
``(A) In this chapter'';
(B) by striking ``subparagraph (B)'' and inserting
``paragraph (2)''; and
(C) by redesignating subparagraph (B) as paragraph (2);
(D) by designating the sentence after clause (ii) of
subparagraph (A) as subparagraph (B); and
(E) in paragraph (2), as redesignated by subparagraph (C)--
(i) by striking ``In the case of'' and inserting
``Special rule.--
``(A) In the case of''; and
(ii) by designating the sentence after clause (ii) of
subparagraph (A) as subparagraph (B).
(3) Amendments to new 3674(b).--Subsection (b) of such section
3674, as so redesignated, is amended--
(A) by inserting ``Substantial Termination Liability.--''
before ``For the purposes of'';
(B) by striking ``this section'' and inserting ``this
chapter'';
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(D) in paragraph (2), as so redesignated, by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively.
(g) Transfer of Subsection (f) of Section 2401.--
(1) Transfer.--Subsection (f) of section 2401 of such title is
transferred to section 3675 of such title, as added by subsection
(a), inserted after the section heading, and amended--
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1) and (2) as subsections
(a) and (b), respectively.
(2) Amendments to new 3675(a).--Subsection (a) of such section
3675, as so redesignated, is amended--
(A) inserting ``In General.--'' before ``If a lease or
charter'';
(B) by striking ``this section'' and inserting ``this
chapter''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(3) Amendments to new 3675(b).--Subsection (b) of such section
3675, as so redesignated, is amended by striking ``In this
subsection'' and inserting ``Definitions.--In this section''.
(h) Transfer of Subsection (g) of Section 2401.--Subsection (g) of
section 2401 of such title is transferred to section 3676 of such
title, as added by subsection (a), inserted after the section heading,
and amended by striking the subsection designation.
(i) Transfer of Subsection (h) of Section 2401.--Subsection (h) of
section 2401 of such title is transferred to section 3677 of such
title, as added by subsection (a), inserted after the section heading,
and amended by striking the subsection designation.
(j) Transfer of Subsection (b) of Section 2401a.--Subsection (b) of
section 2401a of such title is transferred to section 3678 of such
title, as added by subsection (a), inserted after the section heading,
and amended by striking the subsection designation and subsection
heading.
(k) Transfer of Subsection (a) of Section 2401a.--Subsection (a) of
section 2401a of such title is transferred to section 3681 of such
title, as added by subsection (a), inserted after the section heading,
and amended by striking the subsection designation and subsection
heading.
(l) Tables of Chapters Amendments.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of subtitle A,
of title 10, United States Code, are amended by inserting after the
item relating to chapter 255 the following new items:
``257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft,
and Combat''.
Subtitle D--General Contracting Provisions
SEC. 1831. COST OR PRICING DATA.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 271 and inserting the following:
``CHAPTER 271--TRUTHFUL COST OR PRICING DATA (TRUTH IN NEGOTIATIONS)
``Sec.
``3701. Definitions.
``3702. Required cost or pricing data and certification.
``3703. Exceptions.
``3704. Cost or pricing data on below-threshold contracts.
``3705. Submission of other information.
``3706. Price reductions for defective cost or pricing data.
``3707. Interest and penalties for certain overpayments.
``3708. Right to examine contractor records.
``Sec. 3701. Definitions
``Sec. 3702. Required cost or pricing data and certification
``Sec. 3703. Exceptions
``Sec. 3704. Cost or pricing data on below-threshold contracts
``Sec. 3705. Submission of other information
``Sec. 3706. Price reductions for defective cost or pricing data
``Sec. 3707. Interest and penalties for certain overpayments
``Sec. 3708. Right to examine contractor records''.
(b) Transfer of Subsection (h) of Section 2306a.--Subsection (h) of
section 2306a of title 10, United States Code, is transferred to
section 3701 of such title, as added by subsection (a), inserted after
the section heading, redesignated as subsection (a), and amended--
(1) by striking ``this section'' and inserting ``this
chapter''; and
(2) in paragraph (1), by striking ``subsection (e)(1)(B)'' and
inserting ``section 3706(a)(2) of this title''.
(c) Transfer of Subsection (a) of Section 2306a.--
(1) Transfer.--Subsection (a) of section 2306a of title 10,
United States Code, is transferred to section 3702 of such title,
as added by subsection (a), inserted after the section heading, and
amended by redesignating paragraphs (2) through (7) as subsections
(b) through (g), respectively.
(2) Conforming internal redesignations and insertion of
headings in new 3702(a).--Such subsection (a), as so transferred
and amended, is amended--
(A) by striking ``Required Cost or Pricing Data and
Certification.--(1) the head of'' and inserting ``When
Required.--The head of'';
(B) by redesignating subparagraphs (A), (B), (C), and (D)
as paragraphs (1), (2), (3), and (4), respectively;
(C) in paragraph (1), as so redesignated--
(i) by inserting ``Offeror for prime contract.--''
before ``An offeror''; and
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(D) in paragraph (2), as so redesignated--
(i) by inserting ``Contractor.--'' before ``The
contractor'';
(ii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively;
(iii) in subparagraph (A), as so redesignated, by
striking ``subparagraph (A)(i)'' and inserting ``paragraph
(1)(A)'';
(iv) in subparagraph (B), as so redesignated, by
striking ``paragraph (6)'' and inserting ``subsection
(f)''; and
(v) in subparagraph (C), as so redesignated, by
striking ``clause (i) or (ii)'' and inserting
``subparagraph (A) or (B)'';
(E) in paragraph (3), as so redesignated--
(i) by inserting ``Offeror for subcontract.--'' before
``An offeror'';
(ii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively;
(iii) in subparagraph (A), as so redesignated, by
striking ``subparagraph (A)(i)'' and inserting ``paragraph
(1)(A)'';
(iv) in subparagraph (B), as so redesignated, by
striking ``paragraph (6)'' and inserting ``subsection
(f)''; and
(v) in subparagraph (C), as so redesignated, by
striking ``clause (i) or (ii)'' and inserting
``subparagraph (A) or (B)''; and
(F) in paragraph (4), as so redesignated--
(i) by inserting ``Subcontractor.--'' before ``The
subcontractor'';
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(iii) in the matter preceding subparagraph (A), as so
redesignated, by striking ``subparagraph (C)'' and
inserting ``paragraph (3)'';
(iv) in subparagraph (A), as so redesignated, by
striking ``subparagraph (C)(i)'' and inserting ``paragraph
(3)(A)''; and
(v) in subparagraph (B), as so redesignated, by
striking ``subparagraph (C)(iii)'' and inserting
``paragraph (3)(C)''.
(3) Conforming amendments in new section 3702(a) to references
to chapter 137.--Such subsection (a) is further amended by striking
``a prime contract under this chapter'' each place it appears and
inserting ``a prime contract under a chapter 137 legacy
provision''.
(4) Conforming internal redesignations and insertion of heading
in new 3702(b).--Subsection (b) of section 3702, as transferred and
redesignated by paragraph (1), is amended--
(A) by inserting ``Certfication.--'' before ``A person
required'';
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)''; and
(C) by striking ``subsection (c)'' and inserting ``section
3704 of this title''.
(5) Conforming internal redesignations and insertion of heading
in new 3702(c).--Subsection (c) of section 3702, as transferred and
redesignated by paragraph (1), is amended--
(A) by inserting ``To Whom Submitted.--'' before ``Cost or
pricing data'';
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(C) in the matter preceding paragraph (1), as so
redesignated--
(i) by striking ``paragraph (1) (or under subsection
(c))'' and inserting ``subsection (a) (or under section
3704 of this title)''; and
(ii) by striking ``paragraph (2)'' and inserting
``subsection (b)''.
(6) Conforming internal redesignations and insertion of heading
in new 3702(d).--Subsection (d) of section 3702, as transferred and
redesignated by paragraph (1), is amended--
(A) by inserting ``Applicability of Chapter.--'' before
``Except as provided under''; and
(B) by striking ``subsection (b)'' and inserting ``section
3703 of this title''.
(7) Conforming internal redesignations and insertion of heading
in new 3702(e).--Subsection (e) of section 3702, as transferred and
redesignated by paragraph (1), is amended--
(A) by inserting ``Subcontracts Not Affected by Waiver.--''
before ``A waiver of'';
(B) by striking ``subsection (b)(1)(C)'' and inserting
``section 3703(a)(3) of this title'';
(C) by striking ``paragraph (1)(C)'' and inserting
``subsection (a)(3)''; and
(D) by striking ``that paragraph'' and inserting ``that
subsection''.
(8) Conforming internal redesignations and insertion of heading
in new 3702(f).--Subsection (f) of section 3702, as transferred and
redesignated by paragraph (1), is amended--
(A) by inserting ``Modifications to Prior Contracts.--''
before ``Upon the request of'';
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(C) by striking ``that paragraph'' and inserting ``that
subsection''; and
(D) by striking ``subparagraphs (B)(ii) and (C)(ii) of
paragraph (1)'' and inserting ``paragraphs (2)(B) and (3)(B) of
subsection (a)''.
(9) Conforming internal redesignations and insertion of heading
in new 3702(g).--Subsection (g) of section 3702, as transferred and
redesignated by paragraph (1), is amended--
(A) by inserting ``Adjustment of Amounts.--'' before
``Effective on''; and
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)''.
(d) Transfer of Subsection (b) of Section 2306a.--
(1) Transfer.--Subsection (b) of section 2306a of title 10,
United States Code, is transferred to section 3703 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by redesignating paragraphs (1) through (6) as
subsections (a) through (f), respectively, and realigning those
subsections flush to the left margin.
(2) Conforming internal redesignations in new 3703(a).--
Subsection (a) of such section 3703, as so transferred and
redesignated by paragraph (1), is amended--
(A) by redesignating subparagraphs (A), (B), (C), and (D)
as paragraphs (1), (2), (3), and (4), respectively;
(B) in the matter preceding paragraph (1), as so
redesignated, by striking ``under subsection (a)'' and
inserting ``under section 3702 of this title'';
(C) in paragraph (1), as so redesignated, by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively; and
(D) in paragraph (3), as so redesignated, by striking
``this section'' and inserting ``this chapter''; and
(E) in paragraph (4), as so redesignated, by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively.
(3) Conforming internal redesignations in new 3703(b).--
Subsection (b) of such section 3703, as so transferred and
redesignated by paragraph (1), is amended--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(B) in the matter preceding paragraph (1), as so
redesignated--
(i) by striking ``paragraph (1)(A) or (1)(B)'' and
inserting ``paragraph (1) or (2) of subsection (a)''; and
(ii) by striking ``subsection (a)'' and inserting
``section 3702 of this title''; and
(C) in paragraph (1), as so redesignated, by striking
``paragraph (1)(A) or (1)(B)'' and inserting ``paragraph (1) or
(2) of subsection (a)''.
(4) Conforming internal redesignations in new 3703(c).--
Subsection (c) of such section 3703, as so transferred and
redesignated by paragraph (1), is amended--
(A) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively;
(B) in paragraph (1), as so redesignated--
(i) by striking ``paragraph (1)(B)'' and inserting
``subsection (a)(2)'';
(ii) by striking ``subsection (a)(1)(A)(i)'' and
inserting ``section 3702(a)(1)(A) of this title''; and
(iii) by striking ``subsection (a)(7)'' and inserting
``section 3702(g) of this title'';
(C) in paragraph (2), as so redesignated, by striking
``this paragraph'' and inserting ``this subsection''; and
(D) in paragraph (3), as so redesignated--
(i) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(ii) in the matter preceding subparagraph (A), as so
redesignated, by striking ``subparagraph (A)'' and
inserting ``paragraph (1)''; and
(ii) in subparagraph (A), as so redesignated, by
striking ``subparagraph (A) or (C) of paragraph (1)'' and
inserting ``paragraph (1) or (3) of subsection (a)''.
(5) Conforming internal redesignations in new 3703(d).--
Subsection (d) of such section 3703, as so transferred and
redesignated by paragraph (1), is amended--
(A) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively;
(B) in paragraph (1), as so redesignated, by striking
``paragraph (1)(B)'' and inserting ``subsection (a)(2)'';
(C) in paragraph (2), as so redesignated, by striking
``subparagraph (A)'' and inserting ``paragraph (1)''; and
(D) in paragraph (3), as so redesignated--
(i) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(ii) in the matter preceding subparagraph (A), as so
redesignated, by striking ``subparagraph (B)'' and
inserting ``paragraph (2)''.
(6) Conforming internal redesignations in new 3703(f).--
Subsection (f) of such section 3703, as so transferred and
redesignated by paragraph (1), is amended--
(A) by striking ``subsection (a)'' and inserting ``section
3702 of this title''; and
(B) by striking ``paragraph (1)(A)'' and inserting
``subsection (a)(1)''.
(e) Transfer of Subsection (c) of Section 2306a.--
(1) Transfer.--Subsection (c) of section 2306a of title 10,
United States Code, is transferred to section 3704 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively, and realigning
those subsections flush to the left margin.
(2) Conforming internal redesignations in new 3704(a).--
Subsection (a) of such section 3704, as so transferred and
redesignated, is amended--
(A) by striking ``paragraph (2)'' and inserting
``subsection (b)'';
(B) by striking ``subsection (a)'' and inserting ``section
3702 of this title''; and
(C) by striking ``under this subsection'' and inserting
``under this section''.
(3) Conforming internal redesignations in new 3704(b).--
Subsection (b) of such section 3704, as so transferred and
redesignated, is amended--
(A) by striking ``under this paragraph'' and inserting
``under this subsection''; and
(B) by striking ``subparagraph (A) or (B) of subsection
(b)(1)'' and inserting ``paragraph (1) or (2) of section
3703(a) of this title''.
(4) Conforming internal redesignations in new 3704(c).--
Subsection (c) of such section 3704, as so transferred and
redesignated, is amended by striking ``under this paragraph'' and
inserting ``under this subsection''.
(f) Transfer of Subsection (d) of Section 2306a.--
(1) Transfer.--Subsection (d) of section 2306a of title 10,
United States Code, is transferred to section 3705 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively, and realigning
those subsections flush to the left margin.
(2) Conforming internal redesignations in new 3705(a).--
Subsection (a) of such section 3705, as so transferred and
redesignated, is amended--
(A) by striking ``under this section'' and inserting
``under this chapter''; and
(A) by striking ``subsection (b)(1)(A)'' and inserting
``section 3703(a)(1) of this title''.
(3) Conforming internal redesignations in new 3705(b).--
Subsection (b) of such section 3705, as so transferred and
redesignated, is amended--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(B) in paragraph (1), as so redesignated--
(i) by redesignating clauses (i) through (vi) as
subparagraphs (A) through (F), respectively; and
(ii) in the matter preceding subparagraph (A), as so
redesignated, by striking ``paragraph (1)'' and inserting
``subsection (a)''; and
(C) in paragraph (2), as so redesignated--
(i) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(ii) in subparagraph (A), as so redesignated, by
striking ``subparagraph (A)'' and inserting ``paragraph
(1)''.
(4) Conforming internal redesignations in new 3705(c).--
Subsection (c) of such section 3705, as so transferred and
redesignated, is amended--
(A) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(B) in the matter preceding paragraph (1), as so
redesignated, by striking ``under paragraph (1)'' and inserting
``under subsection (a)''.
(g) Transfer of Subsection (e) of Section 2306a.--
(1) Transfer.--Subsection (e) of section 2306a of title 10,
United States Code, is transferred to section 3706 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by redesignating paragraphs (1), (2), (3), and (4) as
subsections (a), (b), (c), and (d), respectively.
(2) Conforming internal redesignations in new 3706(a).--
Subsection (a) of such section 3706, as so transferred and
redesignated, is amended--
(A) by striking ``(A) A prime contract'' and inserting
``Provision Requiring Adjustment.--
``(1) In general.--A prime contract'';
(B) by striking ``subsection (a)(2)'' and inserting
``section 3702(b) of this title'';
(C) by redesignating subparagraph (B) as paragraph (2);
(D) by inserting ``What constitutes defective cost or
pricing data.--'' before ``For the purposes''; and
(E) by striking ``of this section'' and inserting ``of this
chapter''.
(3) Conforming internal redesignations in new 3706(b).--
Subsection (b) of such section 3706, as so transferred and
redesignated, is amended--
(A) by inserting ``Valid Defense.--'' before ``In
determining for''; and
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)''.
(4) Conforming internal redesignations in new 3706(c).--
Subsection (c) of such section 3706, as so transferred and
redesignated, is amended--
(A) by inserting ``Invalid Defenses.--'' before ``It is
not'';
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(C) by redesignating subparagraphs (A), (B), (C), and (D)
as paragraphs (1), (2), (3), and (4), respectively;
(D) in paragraph (1), as so redesignated, by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively; and
(E) in paragraph (4), as so redesignated, by striking
``subsection (a)(2)'' and inserting ``section 3702(b) of this
title''.
(5) Conforming internal redesignations in new 3706(d).--
Subsection (d) of such section 3706, as so transferred and
redesignated, is amended--
(A) by striking ``(A) A contractor shall'' and inserting
``Offsets.--
``(1) When allowed.--A contractor shall'';
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(C) by redesignating subparagraph (B) as paragraph (2);
(D) in paragraph (1), as designated by subparagraph (A), by
redesignating clauses (i) and (ii) as subparagraphs (A) and
(B), respectively;
(E) in subparagraph (B), as so redesignated by subparagraph
(D)--
(i) by striking ``paragraph (1)(B)'' and inserting
``subsection (a)(2)''; and
(ii) by striking ``subsection (a)(3)'' and inserting
``section 3702(c) of this title''; and
(F) in paragraph (2), as redesignated by subparagraph (C)--
(i) by striking ``subparagraph (A)'' and inserting
``paragraph (1)'';
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(iii) in subparagraph (A), as so redesignated, by
striking ``subsection (a)(2)'' and inserting ``section
3702(b) of this title''; and
(iv) in subparagraph (B), as so redesignated--
(I) by striking ``subparagraph (A)(ii)'' and
inserting ``paragraph (1)(B)''; and
(II) by striking ``paragraph (1)(B)'' and inserting
``subsection (a)(2)''.
(h) Transfer of Subsection (f) of Section 2306a.--
(1) Transfer.--Subsection (f) of section 2306a of title 10,
United States Code, is transferred to section 3707 of such title,
as added by subsection (a), inserted after the section heading,
redesignated as subsection (a), and amended by redesignating
paragraph (2) as subsection (b).
(2) Conforming internal redesignations in new 3707(a).--
Subsection (a) of such section 3706, as so transferred and
redesignated, is amended--
(A) by striking ``Interest and Penalties for Certain
Overpayments.--(1)'' and inserting ``In General.--''
(B) by striking ``this section'' and inserting ``this
chapter'';
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(D) in paragraph (1), as so redesignated, by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively.
(3) Conforming internal redesignations in new 3707(b).--
Subsection (b) of such section 3706, as so transferred and
redesignated, is amended--
(A) by inserting ``Liability Not Affected by Refusal to
Submit Certification.--'' before ``Any liability'';
(B) by striking ``this subsection'' and inserting ``this
section''; and
(C) by striking ``subsection (a)(2)'' and inserting
``section 3702(b) of this title''.
(i) Transfer of Subsection (g) of Section 2306a.--Subsection (g) of
section 2306a of title 10, United States Code, is transferred to
section 3708 of such title, as added by subsection (a), inserted after
the section heading, and amended--
(1) by striking the subsection redesignation and subsection
heading;
(2) by striking ``this section'' and inserting ``this
chapter''; and
(3) by striking ``section 2313(a)(2)'' and inserting ``section
3841(b)(2)''.
(j) Conforming Cross-reference Amendments.--
(1) Section 1608(b) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2273 note) is
amended by striking ``section 2306a'' and inserting ``chapter
271''.
(2) Section 866(b)(4) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 2302 note) is amended--
(A) in subparagraph (A), by striking ``section 2306a'' and
inserting ``chapter 271''; and
(B) in subparagraph (B), by striking ``section 2306a(d)''
and inserting ``section 3705''.
(3) Section 2343 of title 10, United States Code, is amended by
striking ``2306a, and 2313'' and inserting ``3701-3708, and 3841''.
(4) Section 2379(c)(1) of title 10, United States Code, is
amended by striking ``section 2306a'' and inserting ``sections
3701-3708''.
(5) Section 2380(b)(2)(B)(i) of title 10, United States Code,
is amended by striking ``section 2306a(b)(4)(B)'' and inserting
``section 3703(d)(2)''.
(6) Section 9511a(d) of title 10, United States Code, is
amended by striking ``section 2306a'' and inserting ``chapter
271''.
(7) Section 890(a)(2) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 2306a note) is amended by striking ``section 2306a'' and
inserting ``of chapter 271''.
(k) Chapter for Additional Cost or Pricing Provisions.--Such Part V
is further amended by inserting after chapter 271, as added by
subsection (a), the following new chapter:
``CHAPTER 272--OTHER PROVISIONS RELATING TO COST OR PRICING DATA
``Sec.
``3721. Evaluating the reasonableness of price: guidance and training.
``3722. Grants of exceptions to cost or pricing data certification
requirements and waivers of cost accounting standards.
``3723. Streamlining awards for innovative technology projects: pilot
program.
``3724. Risk-based contracting for smaller contract actions under Truth
in Negotiations Act: pilot program.
``Sec. 3721. Evaluating the reasonableness of price: guidance and
training
``[Reserved].
``Sec. 3722. Grants of exceptions to cost or pricing data certification
requirements and waivers of cost accounting standards
``[Reserved].
``Sec. 3723. Streamlining awards for innovative technology projects:
pilot program
``[Reserved].
``Sec. 3724. Risk-based contracting for smaller contract actions under
truth in negotiations act: pilot program
``[Reserved].''.
(l) Tables of Chapters Amendments.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of subtitle A
(as added by section 801 of Public Law 115-232), of title 10, United
States Code, are amended by striking the item relating to chapter 271
and inserting the following:
``271. Truthful Cost or Pricing Data (Truth in Negotiations)...... 3701
``272. Other Provisions Relating to Cost or Pricing Data.........3721''.
SEC. 1832. ALLOWABLE COSTS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 273 and inserting the following:''.
``CHAPTER 273--ALLOWABLE COSTS
``Subchapter Sec.
``I. General...................................................... 3741
``II. Other Allowable Cost Provisions............................. 3761
``SUBCHAPTER I--GENERAL
``Sec.
``3741. Definitions.
``3742. Adjustment of threshold amount of covered contract.
``3743. Effect of submission of unallowable costs.
``3744. Specific costs not allowable.
``3745. Required regulations.
``3746. Applicability of regulations to subcontractors.
``3747. Contractor certification.
``3748. Penalties for submission of cost known as not allowable.
``3749. Burden of proof on contractor.
``3750. Proceeding costs not allowable.
``Sec. 3741. Definitions
``In this subchapter:
``Sec. 3742. Adjustment of threshold amount of covered contract
``Sec. 3743. Effect of submission of unallowable costs
``Sec. 3744. Specific costs not allowable
``Sec. 3745. Required regulations
``Sec. 3746. Applicability of regulations to subcontractors
``Sec. 3747. Contractor certification
``Sec. 3748. Penalties for submission of cost known as not allowable
``Sec. 3749. Burden of proof on contractor
``Sec. 3750. Proceeding costs not allowable''.
(b) Transfer of Definition Paragraphs From Subsection (l) of
Section 2324.--
(1) Paragraph (4) of section 2324(l) of title 10, United States
Code, is transferred to section 3741 of such title, as added by
subsection (a), inserted at the end, redesignated as paragraph (1),
and amended by inserting ``Compensation.--'' before ``The term''.
(2) Subparagraph (A) of paragraph (1) of such section 2324(l)
is transferred to section 3741 of such title, as added by
subsection (a), inserted after paragraph (1), as transferred and
redesignated by paragraph (1), redesignated as paragraph (2), and
amended by inserting ``Covered contract.--'' before ``The term''.
(3)(A) Paragraphs (6), (2), and (3) of such section 2324(l) are
transferred to section 3741 of such title, as added by subsection
(a), inserted (in that order) after paragraph (2), as transferred
and redesignated by paragraph (2), and redesignated as paragraphs
(3), (4), and (5), respectively.
(B) The paragraphs transferred and redesignated by subparagraph
(A) are amended--
(i) by inserting ``Fiscal year.--'' before ``The term'' in
paragraph (3), as so redesignated;
(ii) by inserting ``Head of the agency.--'' before ``The
term'' in paragraph (4), as so redesignated; and
(iii) by inserting ``Agency.--'' before ``The term'' in
paragraph (5), as so redesignated.
(4) Subparagraph (B) of paragraph (1) of such section 2324(l)
is transferred to section 3742 of such title, as added by
subsection (a), inserted after the section heading, and amended--
(A) by realigning the text 2 ems to the left;
(B) by striking the subparagraph designation; and
(C) by striking ``subparagraph (A)'' and inserting
``section 3741(2) of this title''.
(c) Transfer of Subsections (a)-(d) of Section 2324.--
(1) Transfer.--Subsections (a), (b), (c), and (d) of section
2324 of title 10, United States Code, are transferred to section
3743 of such title, as added by subsection (a), and inserted after
the section heading.
(2) Amendments to new 3743(b).--Such subsection (b) is
amended--
(A) by striking ``Principle.--(1) If the'' and inserting
``Principle.--
``(1) If the''; and
(B) by realigning paragraph (2) 2 ems to the right and
inserting ``Cost determined to be unallowable before proposal
submitted.--'' before ``If the''.
(d) Transfer of Subsection (e) of Section 2324.--
(1) Transfer.--Subsection (e) of section 2324 of title 10,
United States Code, is transferred to section 3744 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation and subsection
heading;
(B) by redesignating paragraphs (1), (2), (3), and (4) as
subsections (a), (d), (b), and (c), respectively; and
(C) by transferring subsection (d), as so redesignated, to
the end of such section, after subsection (c), as so
redesignated.
(2) Amendments to new 3744(a).--Subsection (a) of such section,
as so redesignated, is amended--
(A) by inserting ``Specific Costs.--'' before ``The
following costs'';
(B) by redesignating subparagraphs (A) through (Q) as
paragraphs (1) through (17), respectively (including
redesignating both subparagraphs (P) as paragraph (16));
(C) in paragraph (15), as so redesignated, by striking
``subsection (k)'' and inserting ``section 3750 of this
title''; and
(D) in paragraph (17), as so redesignated, by striking
``subsection (k)(2)'' and inserting ``section 3750(c) of this
title''.
(3) Amendments to new 3744(b).--Subsection (b) of such section,
as so redesignated, is amended--
(A) by striking ``(A) Pursuant to'' and inserting ``Waiver
of Severance Pay Restrictions for Foreign Nationals.--
``(1) Head of an agency determination.--Pursuant to'';
(B) by redesignating subparagraphs (B) and (C) as
paragraphs (2) and (3), respectively;
(C) in paragraph (1), as designated by subparagraph (A)--
(i) by striking ``paragraph (2)'' and inserting
``subsection (d)'';
(ii) by striking ``paragraphs (1)(M) and (1)(N)'' and
inserting ``subsections (a)(13) and (a)(14)''; and
(iii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively;
(D) in paragraph (2), as so redesignated by subparagraph
(B)--
(i) by realigning that paragraph 2 ems to the right;
(ii) by inserting ``Solicitation to include statement
about waiver.--'' before ``The head of'';
(iii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(iv) in subparagraph (A), as so redesignated, by
striking ``subparagraph (A)'' and inserting ``paragraph
(1)''; and
(E) in paragraph (3), as so redesignated by subparagraph
(B)--
(i) by realigning that paragraph 2 ems to the right;
(ii) by inserting ``Determination to be made before
contract awarded.--'' before ``The head of''; and
(iii) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''.
(4) Amendments to new 3744(c).--Subsection (c) of such section,
as so redesignated, is amended--
(A) by inserting ``Establishment of Definitions,
Exclusions, Limitations, and Qualifications.--'' before ``The
provisions of''; and
(B) by striking ``this section'' and inserting ``this
subchapter''.
(5) Amendments to new 3744(d).--Subsection (d) of such section,
as so redesignated and transferred, is amended--
(A) by striking ``(A) The Secretary'' and inserting
``Specific Costs Under Military Banking Contracts Relating to
Foreign Nationals.--
``(1) Authority.--The Secretary'';
(B) by redesignating subparagraphs (B) and (C) as
paragraphs (2) and (3), respectively, and realigning those
paragraph 2 ems to the right;
(C) in paragraph (1), as designated by subparagraph (A), by
striking ``paragraphs (1)(M) and (1)(N)'' and inserting
``subsections (a)(13) and (a)(14)'';
(D) in paragraph (2), as so redesignated by subparagraph
(B)--
(i) by inserting ``Definitions.--'' before ``In'';
(ii) by striking ``subparagraph (A)'' and inserting
``paragraph (1)'';
(iii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(iv) in subparagraph (A), as so redesignated, by
inserting ``Military banking contract.--'' before ``The
term''; and
(v) in subparagraph (B), as so redesignated, by
inserting ``Mandated foreign national severance pay.--''
before ``The term''; and
(E) in paragraph (3), as so redesignated by subparagraph
(B)--
(i) by inserting ``Exception for foreign-owned
financial institutions.--'' after the paragraph
designation; and
(ii) by striking ``Subparagraph (A)'' and inserting
``Paragraph (1)''.
(e) Transfer of Subsection (f) of Section 2324.--
(1) Transfer.--Subsection (f) of section 2324 of title 10,
United States Code, is transferred to section 3745 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation and subsection
heading;
(B) by redesignating paragraph (1) as subsection (a);
(C) by designating the third sentence of such subsection as
subsection (b);
(D) by redesignating paragraph (2) as subsection (c); and
(E) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively, and realigning those paragraphs 2
ems to the right.
(2) Amendment to new 3745(a).--Subsection (a) of such section,
as so redesignated, is amended by inserting ``In General.--''
before ``The Federal''.
(3) Amendments to new 3745(b).--Subsection (b) of such section,
as so designated by paragraph (1)(C), is amended--
(A) by inserting ``Specific Items.--'' before ``The
regulations''; and
(B) by redesignating subparagraphs (A) through (Q) as
paragraphs (1) through (17), respectively.
(4) Amendments to new 3745(c).--Subsection (c) of such section,
as so redesignated by paragraph (1)(D), is amended--
(A) by striking ``The Federal'' and inserting ``Additional
Requirements.--
``(1) When questioned costs may be resolved.--The Federal'';
(B) in paragraph (2), as so redesignated by paragraph
(1)(E), by inserting ``Presence of contract auditor.--'' before
``The Federal''; and
(C) in paragraph (3), as so redesignated by paragraph
(1)(E), by inserting ``Settlement to reflect amount of
individual questioned costs.--'' before ``The Federal''.
(e) Transfer of Subsection (g) of Section 2324.--Subsection (g) of
section 2324 of title 10, United States Code, is transferred to section
3746 of such title, as added by subsection (a), inserted after the
section heading, and amended--
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ``subsections (e) and (f)(1)'' and inserting
``sections 3744 and 3745(a) and (b) of this title''.
(f) Transfer of Subsection (h) of Section 2324.--
(1) Transfer.--Subsection (h) of section 2324 of title 10,
United States Code, is transferred to section 3747 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by redesignating paragraphs (1) and (2) as subsections
(a) and (b), respectively.
(2) Amendment to new 3747(a).--Subsection (a) of such section,
as so redesignated, is amended by inserting ``Content and Form.--''
before ``A proposal''.
(3) Amendments to new 3747(b).--Subsection (b) of such section,
as so redesignated, is amended--
(A) by inserting ``Waiver.--'' before ``The head'';
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(g) Transfer of Subsection (i) of Section 2324.--Subsection (i) of
section 2324 of title 10, United States Code, is transferred to section
3748 of such title, as added by subsection (a), inserted after the
section heading, and amended by striking the subsection designation and
subsection heading.
(h) Transfer of Subsection (j) of Section 2324.--Subsection (j) of
section 2324 of title 10, United States Code, is transferred to section
3749 of such title, as added by subsection (a), inserted after the
section heading, and amended by striking the subsection designation and
subsection heading.
(i) Transfer of Subsection (k) of Section 2324.--
(1) Transfer of paragraph (6) of 2324(k).--
(A) Transfer.--Paragraph (6) of Subsection (k) of section
2324 of title 10, United States Code, is transferred to section
3750 of such title, as added by subsection (a), inserted after
the section heading, redesignated as subsection (a), and
amended by striking ``In this subsection'' and inserting
``Definitions.--In this section''.
(B) Redesignation of subparagraphs.--Such subsection (a),
as so transferred and redesignated, is further amended by
redesignating subparagraphs (A), (B), and (C) as paragraphs
(3), (1), and (2), respectively, and transferring paragraph
(3), as so redesignated to the end of such subsection so as to
appear after paragraph (2), as so redesignated.
(C) Amendments to new 3750(a)(1).--Paragraph (1) of such
subsection, as so redesignated, is amended--
(i) by inserting ``Costs.--'' before ``The term'';
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(iii) in subparagraph (B), as so redesignated, by
redesignating subclauses (I), (II), (III), and (IV) as
clauses (i), (ii), (iii), and (iv), respectively.
(D) Amendment to new 3750(a)(2).--Paragraph (2) of such
subsection, as so redesignated, is amended by inserting
``Penalty.--'' before ``The term''.
(E) Amendment to new 3750(a)(3).--Paragraph (3) of such
subsection, as so redesignated and transferred, is amended by
inserting ``Proceedings.--'' before ``The term''.
(2) Transfer of paragraphs (1)-(5) of 2324(k).--Subsection (k)
of section 2324 of title 10, United States Code (other than the
portion transferred by paragraph (1)), is transferred to section
3750 of such title, as added by subsection (a), inserted after
subsection (a), as transferred and redesignated by paragraph (1),
and amended by striking the subsection designation and heading and
by redesignating paragraphs (1), (2), (3), (4), and (5) as
subsections (b), (c), (d), (e), and (f), respectively.
(3) Amendments to new 3750(b).--Subsection (b) of such section,
as so transferred and redesignated, is amended--
(A) by inserting ``In General.--'' before ``Except as'';
(B) by striking ``this subsection'' and inserting ``this
section'';
(C) by striking ``section 2409'' and inserting ``section
4701'';
(D) by striking ``if the proceeding (A) relates to'' and
inserting ``if the proceeding--
``(1) relates to'';
(E) by striking ``in subparagraphs (A) through (C) of
section 2409(a)(1)'' and inserting ``in section 4701(a)(1)'';
(F) by striking ``this title, and (B) results in'' and
inserting ``this title; and
``(2) results in''; and
(G) by striking ``paragraph (2)'' and inserting
``subsection (c)''.
(4) Amendments to new 3750(c).--Subsection (c) of such section,
as so transferred and redesignated, is amended--
(A) by inserting ``Covered Dispositions.--'' before ``A
disposition'';
(B) by striking ``paragraph (1)(B)'' and inserting
``subsection (b)(2)'';
(C) by striking ``paragraph (1)'' each place it appears and
inserting ``subsection (b)'';
(D) by redesignating subparagraphs (A), (B), (C), (D), and
(E) as paragraphs (1), (2), (3), (4), and (5), respectively;
(E) in paragraph (3), as so redesignated, by striking
``section 2409'' and inserting ``section 4701'';
(F) in paragraph (4), as so redesignated, by redesignating
clauses (i), (ii), and (iii) as subparagraphs (A), (B), and
(C), respectively; and
(G) in paragraph (5), as so redesignated, by striking
``subparagraph (A), (B), (C), or (D)'' and inserting
``paragraphs (1), (2), (3), or (4)''.
(5) Amendments to new 3750(d).--Subsection (d) of such section,
as so transferred and redesignated, is amended--
(A) by inserting ``Costs Allowed by Settlement Agreement in
Proceeding Commenced by United States.--'' before ``In the case
of'';
(B) by striking ``paragraph (1)'' and inserting
``subsection (b)''; and
(C) by striking ``such paragraph'' and inserting ``such
subsection''.
(6) Amendments to new 3750(e).--Subsection (e) of such section,
as so transferred and redesignated, is amended--
(A) By inserting ``Costs Specifically Authorized in
Proceeding Commenced by State.--'' before ``In the case of'';
(B) by striking ``paragraph (1)'' and inserting
``subsection (b)''; and
(C) by striking ``(A)'' and ``(B)'' and inserting ``(1)''
and ``(2)'', respectively.
(7) Amendments to new 3750(f).--Subsection (f) of such section,
as so transferred and redesignated, is amended--
(A) by striking ``(A) Except as provided in'' and inserting
``Other Allowable Costs.--
``(1) In general.--Except as provided in'';
(B) by redesignating subparagraphs (B) and (C) as
paragraphs (2) and (3), respectively, and realigning those
paragraphs 2 ems to the right;
(C) in paragraph (1), as designated by subparagraph (A)--
(i) by striking ``subparagraph (C)'' and inserting
``paragraph (3)'';
(ii) by striking ``paragraph (1)'' and inserting
``subsection (b)''; and
(iii) by striking ``subparagraph (B)'' and inserting
``paragraph (2)'';
(D) in paragraph (2), as redesignated by subparagraph (B)--
(i) by striking ``(i) The amount of'' and inserting
``Amount of Allowable Costs.--
``(A) Maximum amount allowed.--The amount of'';
(ii) by redesignating clause (ii) as subparagraph (B);
(iii) in subparagraph (A), as designated by clause (i),
by striking ``subparagraph (A)'' and inserting ``paragraph
(1)''; and
(iv) in subparagraph (B), as redesignated by clause
(ii)--
(I) by inserting ``Content of regulations.--''
before ``Regulations issued'';
(II) by striking ``clause (i)'' and inserting
``subparagraph (A)'';
(III) by striking ``consideration of the complexity
of'' and inserting ``consideration of--
``(i) the complexity of'';
(IV) by striking ``procurement litigation,
generally accepted'' and inserting ``procurement
litigation;
``(ii) generally accepted''; and
(E) by striking ``as a party and such other'' and inserting
``as a party; and
``(iii) such other''; and
(F) in paragraph (3), as redesignated by subparagraph (B)--
(i) by inserting ``When otherwise allowable costs are
not allowable.--'' before ``In the case of'';
(ii) by striking ``subparagraph (A)'' and inserting
``paragraph (1)'';
(iii) by striking ``under this paragraph'' and
inserting ``under this subsection'';
(iv) by striking ``not allowable if (i) such
proceeding'' and inserting ``not allowable if--
``(A) such proceeding''; and
(v) by striking ``proceeding, and (ii) the costs'' and
inserting ``proceeding; and
``(B) the costs''.
(j) Additional Allowable Cost Provisions.--
(1) In general.--Chapter 273 of title 10, United States Code,
as added by subsection (a), is amended by adding at the end the
following new subchapter:
``Subchapter II--Other Allowable Cost Provisions
``Sec.
``3761. Restructuring costs.
``3762. Independent research and development costs: allowable costs.
``3763. Bid and proposal costs: allowable costs.
``3764. Excessive pass-through charges.
``3765. Institutions of higher education: reimbursement of indirect
costs under Department of Defense contracts.''.
(2) Transfer of sections on restructuring costs, allowability
of independent research and development costs, and allowability of
bid and proposal costs.--Sections 2325, 2372, and 2372a of title
10, United States Code, are transferred to subchapter II of chapter
273 of such title, as added by paragraph (1), inserted (in that
order) after the table of sections, and redesignated as sections
3761, 3762, and 3763, respectively.
(3) Amendments to new 3761.--Section 3761 of title 10, United
States Code, as so transferred and redesignated, is amended--
(A) by redesignating subsection (b) as subsection (c);
(B) in subsection (a)--
(i) by striking ``(1)'' before ``The Secretary''; and
(ii) by striking ``section 2324 of this title'' and
inserting ``subchapter I'':
(C) by redesignating paragraph (2) as subsection (b);
(D) in subsection (b), as so redesignated--
(i) by inserting ``Limitation on Delegation.--'' before
``The Secretary may not''; and
(ii) by striking ``paragraph (1)'' and inserting
``subsection (a)''; and
(E) in each of such subsections (a) and (b), by
redesignating subparagraphs (A) and (B) as paragraphs (1) and
(2), respectively.
(4) Amendments to new 3763.--Section 3763 of such title, as so
transferred and redesignated by paragraph (2), is amended by
striking ``section 2324(l)'' in subsection (b) and inserting
``section 3741''.
SEC. 1833. PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA.
(a) New Chapter.--
(1) In general.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232), is amended by striking chapter 275 and inserting the
following:
``CHAPTER 275--PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA
``Subchapter Sec.
``I. Rights in Technical Data..................................... 3771
``II. Validation of Proprietary Data Restrictions................. 3781
``III. Other Provisions Relating to Proprietary Contractor Data
and Rights in Technical Data...................................... 3791
``SUBCHAPTER I--RIGHTS IN TECHNICAL DATA
``Sec.
``3771. Rights in technical data: regulations.
``3772. Rights in technical data: provisions required in contracts.
``3773. Domestic business concerns: programs for replenishment parts.
``3774. Major weapon systems and subsystems: long-term technical data
needs.
``3775. Definitions.
``Sec. 3771. Rights in technical data: regulations
``Sec. 3772. Rights in technical data: provisions required in contracts
``Sec. 3773. Domestic business concerns: programs for replenishment
parts
``Sec. 3774. Major weapon systems and subsystems: long-term technical
data needs
``Sec. 3775. Definitions''.
(2) Tables of chapters amendments.--The tables of chapters at
the beginning of subtitle A, and at the beginning of part V of
subtitle A, of title 10, United States Code, are amended by
striking the item relating to chapter 275 and inserting the
following new item:
``275. Proprietary Contractor Data and Rights in Technical Data..3771''.
(b) Transfer of Subsection (a) of Section 2320.--
(1) Transfer.--Subsection (a) of section 2320 of title 10,
United States Code, is transferred to section 3771 of such title,
as added by subsection (a), inserted after the section heading, and
amended by redesignating paragraphs (2) and (3) as subsections (b)
and (c), respectively.
(2) Internal redesignations and insertion of headings in new
3771(a).--Subsection (a) of such section, as so transferred and
amended, is amended--
(A) by striking ``(1) The Secretary of'' and inserting
``Regulations Required.--
``(1) In general.--The Secretary of''; and
(B) by designating the third sentence as paragraph (2) and
in that paragraph--
(i) by striking ``Such regulations may not'' and
inserting ``Other rights not impaired.--Regulations
prescribed under paragraph (1) may not'';
(ii) by striking ``impair any right of the'' and
inserting ``impair--
``(A) any right of the''; and
(iii) by striking ``by law'' and all that follows
through ``the right of a contractor'' and inserting ``by
law; or
``(B) the right of a contractor''.
(3) Internal redesignations and insertion of headings in new
3771(b).--Subsection (b) of such section, as so transferred and
redesignated, is amended--
(A) by striking ``Such regulations'' and inserting
``Required Provisions.--Regulations prescribed under subsection
(a)'';
(B) by redesignating subparagraphs (A) through (I) as
paragraphs (1) through (9), respectively;
(C) in paragraph (1), as so redesignated, by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively;
(D) in paragraph (2), as so redesignated, by striking
``subparagraphs (C), (D), and (G)'' and inserting ``paragraphs
(3), (4), and (7)'';
(E) in paragraph (3), as so redesignated--
(i) by striking ``subparagraph (b).--Subparagraph (B)
does not'' and inserting ``paragraph (2).--Paragraph (2)
does not''; and
(ii) by redesignating clauses (i), (ii), (iii), and
(iv) as subparagraphs (A), (B), (C), and (D), respectively;
(F) in paragraph (4), as so redesignated--
(i) by striking ``subparagraph (b).--Notwithstanding
subparagraph (B)'' and inserting ``paragraph(2).--
Notwithstanding paragraph (2)'';
(ii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively; and
(iii) in subparagraph (A), as so redesignated, by
redesignating subclauses (I), (II), and (III) as clauses
(i), (ii), and (iii), respectively;
(G) in paragraph (5), as so redesignated--
(i) by striking ``Mixed funding.--Except as provided in
subparagraphs (F) and (G),'' and inserting ``Mixed
funding.--
``(A) In general.--Except as provided in paragraphs (6) and
(7),''; and
(ii) by designating the second sentence as subparagraph
(B), realigning that subparagraph 2 ems to the right, and
inserting ``Factors to be considered.--'' before ``The
establishment of'';
(H) in paragraph (6), as so redesignated, by striking
``subparagraph (E)'' and inserting ``paragraph (5)'';
(I) in paragraph (7), as so redesignated--
(i) by striking ``Mixed funding.--Notwithstanding
subparagraphs (B) and (E)'' and inserting ``Mixed
funding.--
``(A) Notwithstanding paragraphs (2) and (5)'';
(ii) by striking ``section 2446a'' and inserting
``section 4401''; and
(iii) by designating the second and third sentences as
subparagraphs (B) and (C), respectively;
(J) in paragraph (8), as so redesignated--
(i) by inserting ``Limitations on requirements related
to contractor or subcontractor rights in technical data.--
'' before ``A contractor or subcontractor'';
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(iii) in subparagraph (A), as so redesignated, by
redesignating subclauses (I), (II), and (III) as clauses
(i), (ii), and (iii), respectively;
(iv) in clause (i), as so redesignated, by striking
``subparagraph (A)'' and inserting ``paragraph (1)'';
(v) in clause (ii), as so redesignated, by striking
``subparagraph (C)'' and inserting ``paragraph (3)'';
(vi) in clause (iii), as so redesignated, by striking
``subparagraph (D)'' and inserting ``paragraph (4)''; and
(vii) in subparagraph (B), as so redesignated, by
striking ``subparagraph (B)'' and inserting ``paragraph
(2)''; and
(K) in paragraph (9), as so redesignated--
(i) by inserting ``Actions authorized if necessary to
develop alternative sources of supply and manufacture.--''
before ``The Secretary of Defense'';
(ii) by redesignating clauses (i), (ii), and (ii) as
subparagraphs (A), (B), and (C), respectively;
(iii) in subparagraph (A), as so redesignated, by
striking ``subparagraph (C) or (D)'' and inserting
``paragraph (3) or (4)''; and
(iv) in subparagraph (B), as so redesignated, by
striking ``this section'' and inserting ``this
subchapter''.
(4) Internal redesignations and insertion of headings in new
3771(c).--Subsection (c) of such section, as so transferred and
redesignated, is amended--
(A) by inserting ``Secretary of Defense to Define Terms.--
'' before ``The Secretary of'';
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(C) by striking ``the Secretary shall specify'' and
inserting ``the Secretary--
``(1) shall specify'';
(D) by striking ``treated and shall specify'' and inserting
``treated; and
``(2) shall specify''; and
(E) by striking ``this paragraph'' and inserting ``this
subsection''.
(c) Transfer of Subsections (b) and (c) of Section 2320.--
(1) Transfer.--Subsections (b) and (c) of section 2320 of title
10, United States Code, are transferred to section 3772 of such
title, as added by subsection (a), inserted after the section
heading, and redesignated as subsections (a) and (b), respectively.
(2) Internal redesignations and insertion of headings in new
3772(a).--Subsection (a) of such section, as so transferred and
redesignated, is amended--
(A) by inserting ``Contract Provisions Relating to
Technical Data.--'' before ``Regulations prescribed under'';
(B) by striking ``subsection (a)'' and inserting ``section
3771 of this title'';
(C) by striking ``section 2303'' and inserting ``section
3063'';
(D) in paragraph (1), by striking ``section 2321(f)'' and
inserting ``section 3784'';
(E) in paragraph (6)--
(i) by striking ``the contractor to revise'' and
inserting ``the contractor--
``(A) to revise''; and
(ii) by striking ``the contract and to deliver'' and
inserting ``the contract; and
``(B) to deliver'';
(F) in paragraph (7)--
(i) by striking ``is found to be'' and inserting ``is
found--
``(A) to be''; and
(ii) by striking ``or inadequate or to not'' and
inserting ``or inadequate; or
``(B) to not'';
(G) in paragraph (9)(B)(ii), by striking ``subparagraphs
(D)(i)(II), (F), and (G) of subsection (a)(2)'' and inserting
``paragraphs (4)(A)(ii), (6), and (7) of section 3771(b) of
this title''; and
(H) in paragraph (10), by striking ``section 2321(d)'' and
inserting ``section 3782''.
(3) Internal redesignations in new 3772(b).--Subsection (b) of
such section, as so transferred and redesignated, is amended--
(A) by striking ``in this section or in section 2305(a)''
and inserting ``in this subchapter or in section 3208''; and
(B) in paragraph (2), by striking ``subsection (a)'' and
inserting ``section 3771 of this title''.
(d) Transfer of Subsection (d) of Section 2320.--Subsection (d) of
section 2320 of title 10, United States Code, is transferred to section
3773 of such title, as added by subsection (a), inserted after the
section heading, and amended--
(1) by striking the subsection designation; and
(2) by striking ``this subsection'' and inserting ``this
section''.
(e) Transfer of Subsection (e) and (f) of Section 2320.--
(1) Transfer.--Subsections (e) and (f) of section 2320 of title
10, United States Code, are transferred to section 3774 of such
title, as added by subsection (a), inserted after the section
heading, and redesigned as subsections (a) and (c), respectively.
(2) Designation of new 3774(b).--The third sentence of
subsection (a) of such section, as so transferred and redesignated,
is designated as subsection (b).
(3) Amendments to new 3774(a).--Subsection (a) of such section,
as so amended, is further amended--
(A) by striking ``The Secretary of Defense shall require''
and inserting ``Assessments and Acquisitions Strategies.--
``(1) The Secretary of Defense shall require'';
(B) by designating the second sentence as paragraph (2);
(C) in paragraph (1), as designated by subparagraph (A)--
(i) by striking ``to assess the long-term'' and
inserting ``to--
``(A) assess the long-term''; and
(ii) by striking ``systems and subsystems and
establish'' and inserting ``systems and subsystems; and
``(B) establish''; and
(D) in paragraph (2), as designated by subparagraph (B)--
(i) by striking ``may include the development'' and
inserting ``may include--
``(A) the development''; and
(ii) by striking ``Department of Defense or competition
for'' and inserting ``Department of Defense; or
``(B) competition for''.
(4) Amendments to new 3774(b).--Subsection (b) of such section,
as designated by paragraph (2), is amended--
(A) by inserting ``Requirements Relating to Assessments and
Acquisition Strategies.--'' before ``Assessments and
corresponding''; and
(B) by striking ``developed under'' and all that follows
through ``with respect to'' and inserting ``developed under
subsection (a) with respect to''.
(5) Amendments to new 3774(c).--Subsection (c) of such section,
as redesignated by paragraph (1), is amended--
(A) by striking ``Licenses.--The Secretary'' and inserting
``Licenses.--
``(1) The Secretary'';
(B) by designating the second sentence as paragraph (2);
and
(C) in paragraph (2), as so designated, by striking
``subsection (e)'' and inserting ``subsection (a)''.
(f) Transfer of Subsection (g) and (h) of Section 2320.--
(1) Transfer.--Subsections (g) and (h) of section 2320 of title
10, United States Code, are transferred to section 3775 of such
title, as added by subsection (a), inserted after the section
heading, and redesigned as subsections (a) and (b), respectively.
(2) Conforming amendments.--
(A) Such subsections (a) and (b), as so transferred and
redesignated, are each amended by striking ``In this section,''
and inserting ``In this subchapter,''.
(B) Such subsection (b) is amended by striking ``section
2446a'' and inserting ``section 4401''.
(g) New Subchapter.--Chapter 275 of title 10, United States Code,
as added by subsection (a), is amended by adding at the end the
following new subchapter:
``SUBCHAPTER II--VALIDATION OF PROPRIETARY DATA RESTRICTIONS
``Sec.
``3781. Technical data: contractor justification for restrictions;
review of restrictions.
``3782. Technical data: challenges to contractor restrictions.
``3783. Technical data: time for contractors to submit justifications.
``3784. Technical data under contracts for commercial items: presumption
of development exclusively at private expense.
``3785. Technical data: decision by contracting officer; claims; rights
and liability upon final disposition.
``3786. Use or release restriction: definition.
``Sec. 3781. Technical data: contractor justification for restrictions;
review of restrictions
``Sec. 3782. Technical data: challenges to contractor restrictions
``Sec. 3783. Technical data: time for contractors to submit
justifications
``Sec. 3784. Technical data under contracts for commercial items:
presumption of development exclusively at private expense
``Sec. 3785. Technical data: decision by contracting officer; claims;
rights and liability upon final disposition
``Sec. 3786. Use or release restriction: definition''.
(h) Transfer of Subsections (a), (b), and (c) of Section 2321.--
(1) Transfer.--Subsections (a), (b), and (c) of section 2321 of
title 10, United States Code, are transferred to section 3781 of
such title, as added by subsection (g), and inserted after the
section heading.
(2) Conforming amendments to new 3781(a).--Subsection (a) of
such section, as so transferred, is amended by striking ``Contracts
Covered by Section.--This section'' and inserting ``Contracts
Covered by Subchapter.--This subchapter''.
(3) Conforming amendments to new 3781(b).--Subsection (b) of
such section, as so transferred, is amended--
(A) by striking ``this section'' and inserting ``this
subchapter''; and
(B) by striking ``(as defined'' and all that follows
through ``asserted'' and inserting ``(as defined in section
3786 of this title) asserted''.
(4) Conforming amendments to new 3781(c).--Subsection (c) of
such section, as so transferred, is amended--
(A) by striking ``Restrictions.--(1) The Secretary'' and
inserting ``Restrictions.--
``(1) The Secretary'';
(B) in paragraph (1), by striking ``this section'' and
inserting ``this subchapter''; and
(C) by realigning paragraph (2) 2 ems to the right.
(i) Transfer of Subsection (d) of Section 2321.--
(1) Transfer.--Subsection (d) of section 2321 of title 10,
United States Code, is transferred to section 3782 of such title,
as added by subsection (g), inserted after the section heading, and
amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by redesignating paragraphs (1), (2), (3), and (4) as
subsections (a), (b), (c), and (d), respectively.
(2) Conforming amendments to new 3782(a).--Subsection (a) of
such section 3782, as so transferred and redesignated, is amended--
(A) by inserting ``Challenges by Secretary of Defense.--''
before ``The Secretary of Defense'';
(B) by striking ``this section'' and inserting ``this
subchapter''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(3) Conforming amendments to new 3782(b).--Subsection (b) of
such section 3782, as so transferred and redesignated, is amended--
(A) by striking ``(A) A challenge'' and inserting ``Time
Limit for Challenges; Exceptions.--
``(1) A challenge'';
(B) by redesignating subparagraph (B) as paragraph (2) and
realigning that paragraph 2 ems to the right;
(C) in paragraph (1), as designated by subparagraph (A)--
(i) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(ii) by striking ``subparagraph (B)'' and inserting
``paragraph (2)''; and
(iii) by redesignating clauses (i), (ii), (iii), and
(iv) as subparagraphs (A), (B), (C), and (D), respectively;
and
(D) in paragraph (2), as redesignated by subparagraph (B)--
(i) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively.
(4) Conforming amendments to new 3782(c).--Subsection (c) of
such section 3782, as so transferred and redesignated, is amended--
(A) by inserting ``Written Notice to Contractor or
Subcontractor.--'' before ``If the Secretary'';
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(C) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(D) in paragraph (3), as so redesignated, by striking
``paragraph (4)'' and inserting ``subsection (d)''.
(5) Conforming amendments to new 3782(d).--Subsection (d) of
such section 3782, as so transferred and redesignated, is amended--
(A) by inserting ``Justification.--'' before ``It is a
justification'';
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(D) in paragraph (1), as so redesignated, by striking
``this subsection'' and inserting ``this section''.
(j) Transfer of Subsection (e) of Section 2321.--
(1) Transfer.--Subsection (e) of section 2321 of title 10,
United States Code, is transferred to section 3783 of such title,
as added by subsection (g), inserted after the section heading, and
amended by striking the subsection designation and subsection
heading.
(2) Designation of new subsections (a) and (b).--Such section,
as so transferred and amended, is further amended--
(A) by designating the first sentence as subsection (a) and
inserting ``Additional Time to Submit Justifications.--''
before ``If a contractor''; and
(B) by designating the second sentence as subsection (b)
and inserting ``Multiple Challenges; Schedule of Responses.--''
before ``If a party''.
(k) Transfer of Subsection (f) of Section 2321.--Subsection (f) of
section 2321 of title 10, United States Code, is transferred to section
3784 of such title, as added by subsection (g), inserted after the
section heading, and amended--
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ``subsection (d)(3)'' and inserting ``section
3782(c) of this title''.
(l) Transfer of Subsections (g), (h), and (i) of Section 2321.--
(1) Transfer.--Subsections (g), (h), and (i) of section 2321 of
title 10, United States Code, are transferred to section 3785 of
such title, as added by subsection (g), inserted after the section
heading, and redesignated as subsections (a), (b), and (c),
respectively.
(2) Conforming amendments to new 3785(a).--Subsection (a) of
such section, as so transferred and redesignated, is amended--
(A) by striking ``subsection (d)(3)'' both places it
appears and inserting ``section 3782(c) of this title'';
(B) by striking ``Officer.--(1) Upon failure'' and
inserting ``Officer.--
``(1) Upon failure''; and
(C) by realigning paragraph (2) 2 ems to the right.
(3) Conforming amendments to new 3785(c).--Subsection (c) of
such section 3786, as so transferred and redesignated, is amended--
(A) by striking ``Disposition.--(1) If, upon final'' and
inserting ``Disposition.--
``(1) If, upon final''; and
(B) by realigning paragraph (2) 2 ems to the right.
(m) Transfer of Subsection (j) of Section 2321.--Subsection (j) of
section 2321 of title 10, United States Code, is transferred to section
3786 of such title, as added by subsection (g), inserted after the
section heading, and amended--
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ``In this section'' and inserting ``In this
subchapter''.
(n) New Subchapter.--Chapter 275 of title 10, United States Code,
as added by subsection (a), is amended by adding after subchapter II,
as added by subsections (g), the following new subchapter:
``SUBCHAPTER III--OTHER PROVISIONS RELATING TO PROPRIETARY CONTRACTOR
DATA AND RIGHTS IN TECHNICAL DATA
``Sec.
``3791. Management of intellectual property matters within the
Department of Defense.
``3792. Technical data rights: non-FAR agreements.
``3793. Copyrights, patents, designs, etc.; acquisition.
``3794. Release of technical data under Freedom of Information Act:
recovery of costs.
``Sec. 3791. Management of intellectual property matters within the
department of defense
``(b) Cadre of Intellectual Property Experts.--For a provision
requiring establishment of a cadre of personnel who are experts in
intellectual property matters, see section 1707 of this title.''.
(o) Transfers.--
(1) Transfer of section 2322(a).--Subsection (a) of section
2322 of title 10, United States Code, is transferred to section
3791 of such title, as added by subsection (n), and inserted after
the section heading.
(2) Transfer of sections 2386 and 2328.--Section 2386 and 2328
of such title are transferred to subchapter III of chapter 275 of
such title, as added by subsection (n), inserted (in that order)
after section 3791, and redesignated as section 3793 and 3794,
respectively.
(p) Cross Reference Amendments.--Section 8687(a) of title 10,
United States Code, is amended by striking ``section 2320'' each place
it appears and inserting ``subchapter I of chapter 275''.
SEC. 1834. CONTRACT FINANCING.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 277 and inserting the following:
``CHAPTER 277--CONTRACT FINANCING
``Sec.
``3801. Authority of agency.
``3802. Payment.
``3803. Security for advance payments.
``3804. Conditions for progress payments.
``3805. Payments for commercial products and commercial services.
``3806. Action in case of fraud.
``3807. Vesting of title in the United States.
``Sec. 3801. Authority of agency
``Sec. 3802. Payment
``Sec. 3803. Security for advance payments
``Sec. 3804. Conditions for progress payments
``Sec. 3805. Payments for commercial products and commercial services
``Sec. 3806. Action in case of fraud
``Sec. 3807. Vesting of title in the United States''.
(b) Transfer of Subsection (a) of Section 2307.--
(1) Transfer.--Subsection (a) of section 2307 of title 10,
United States Code, is transferred to section 3801 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking ``(1)'' before ``The head of''; and
(B) by redesignating paragraph (2) as subsection (b).
(2) Conforming amendments to new 3801(a).--Such subsection (a),
as so transferred and amended, is further amended by redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.
(3) Conforming amendments to new 3801(b).--Subsection (b) of
such section 3801, as redesignated by paragraph (1)(B), is
amended--
(A) by striking ``(A) For a prime'' and inserting ``Payment
Dates for Contractors That Are Small Business Concerns.--
``(1) Prime contractors.--For a prime'';
(B) by redesignating subparagraph (B) as paragraph (2); and
(C) in paragraph (2), as so redesignated--
(i) by inserting ``Subcontractors.--'' before ``For a
prime''; and
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively.
(c) Transfer of Subsections (b) and (c) of Section 2307.--
(1) Transfer.--Subsections (b) and (c) of section 2307 of title
10, United States Code, are transferred to section 3802 of such
title, as added by subsection (a), inserted after the section
heading, and redesignated as subsections (a) and (d), respectively.
(2) Further internal redesignation amendments to new 3802.--
Such section 3802, as so amended, is further amended
(A) in subsection (a), by striking ``(1)'' before
``Whenever possible'';
(B) by redesignating paragraph (2) of subsection (a) as
subsection (b);
(C) by transferring paragraph (3) of such subsection to the
end of the section and redesignating such paragraph as
subsection (e);
(D) by redesignating paragraph (4) of subsection (a) as
subsection (c); and
(E) by redesignating subparagraphs (A), (B), and (C) of
subsection (a) as paragraphs (1), (2), and (3), respectively.
(3) Conforming amendment to new 3802(a).--Subsection (a) of
such section is further amended by striking ``subsection (a)'' and
inserting ``section 3801 of this title''.
(4) Conforming amendments to new 3802(b).--Subsection (b) of
such section, as so redesignated, is amended--
(A) by inserting ``Basis for performance-based payments.--
'' before ``Performance-based payments''; and
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)''.
(5) Conforming amendments to new 3802(c).--Subsection (c) of
such section, as so redesignated, is amended--
(A) by striking ``(A) In order to'' and inserting
``Contractor Accounting Systems.--
``(1) In order to''; and
(B) by redesignating subparagraph (B) as paragraph (2),
realigning that paragraph 2 ems to the right, and striking
``this section'' therein and inserting ``this chapter''.
(6) Conforming amendment to new 3802(d).--Subsection (d) of
such section, as redesignated by paragraph (1), is amended by
striking ``subsection (a)'' and inserting ``section 3801 of this
title''.
(7) Conforming amendment to new 3802(e).--Subsection (e) of
such section, as transferred and redesignated by paragraph (2)(C),
is amended by inserting ``Eligibility of Nontraditional Defense
Contractors.--'' before ``The Secretary of''.
(d) Transfer of Subsection (d) of Section 2307.--Subsection (d) of
section 2307 of title 10, United States Code, is transferred to section
3803 of such title, as added by subsection (a), inserted after the
section heading, and amended--
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ``subsection (a)'' and inserting ``section 3801
of this title''.
(e) Transfer of Subsection (e) of Section 2307.--
(1) Transfer.--Subsection (e) of section 2307 of title 10,
United States Code, is transferred to section 3804 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) Conforming amendment to new 3804(a).--Subsection (a) of
such section 3804, as so transferred and redesignated, is amended
by inserting ``Payment Commensurate With Work.--'' before ``The
Secretary of Defense''.
(3) Conforming amendments to new 3804(b).--Subsection (b) of
such section 3804, as so transferred and redesignated, is amended--
(A) by inserting ``Limitation.--'' before ``The
Secretary''; and
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)''.
(4) Conforming amendments to new 3804(c).--Subsection (c) of
such section 3804, as so transferred and redesignated, is amended--
(A) by inserting ``Applicability.--'' before ``This''; and
(B) by striking ``subsection'' and inserting ``section''.
(f) Transfer of Subsection (f) of Section 2307.--
(1) Transfer.--Subsection (f) of section 2307 of title 10,
United States Code, is transferred to section 3805 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation and subsection
heading; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (c), and (d), respectively.
(2) Further internal redesignation amendments to new 3805.--
Such section 3805, as so amended, is further amended by designating
the second sentence of subsection (a) as subsection (b).
(4) Conforming amendments to new 3805(a).--Subsection (a) of
such section, as so transferred and redesignated, is amended--
(A) by inserting ``Terms and Conditions for Payments.--''
before ``Payments under''; and
(B) by striking ``subsection (a)'' and inserting ``section
3801 of this title''.
(4) Conforming amendment to new 3805(b).--Subsection (b) of
such section, as designated by paragraph (2), is amended by
inserting ``Security for Payments.--'' before ``The head of the
agency''.
(5) Conforming amendments to new 3805(c).--Subsection (c) of
such section, as so transferred and redesignated, is amended--
(A) by inserting ``Limitation on Advance Payments.--''
before ``Advance payments''; and
(B) by striking ``subsection (a)'' and inserting ``section
3801 of this title''.
(6) Conforming amendments to new 3805(d).--Subsection (d) of
such section, as so transferred and redesignated, is amended--
(A) by inserting ``Nonapplication of Certain Conditions.--
'' before ``The conditions of'';
(B) by striking ``subsections (d) and (e)'' and inserting
``sections 3803 and 3804 of this title''; and
(C) by striking ``paragraphs (1) and (2)'' and inserting
``this section''.
(g) Transfer of Subsection (i) of Section 2307.--
(1) Transfer.--Subsection (i) of section 2307 of title 10,
United States Code, is transferred to section 3806 of such title,
as added by subsection (a), inserted after the section heading, and
amended by striking the subsection designation and subsection
heading.
(2) Further internal redesignation amendments to new 3806.--
Such section 3806, as so amended, is further amended--
(A) by redesignating paragraphs (1) through (9) as
subsections (b) through (j), respectively; and
(B) by transferring paragraph (10) to the beginning of such
section so as to appear before subsection (b), as redesignated
by subparagraph (A), and redesignating that paragraph as
subsection (a).
(3) Conforming amendments to new 3806(a).--Subsection (a) of
such section, as transferred and redesignated by paragraph (2)(B),
is amended--
(A) by inserting ``Remedy Coordination Official Defined.--
'' before ``In this''; and
(B) by striking ``this subsection'' and inserting ``this
section''.
(4) Conforming amendment to new 3806(b).--Subsection (b) of
such section, as transferred and redesignated by paragraphs (1) and
(2)(A), is amended by inserting ``Recommendation to Reduce or
Suspend Payments.--'' before ``In any case''.
(5) Conforming amendments to new 3806(c).--Subsection (c) of
such section, as transferred and redesignated by paragraphs (1) and
(2)(A), is amended--
(A) by inserting ``Reduction or Suspension of Payments.--''
before ``The head of''; and
(B) by striking ``paragraph (1)'' and inserting
``subsection (b)''.
(6) Conforming amendments to new 3806(d).--Subsection (d) of
such section, as transferred and redesignated by paragraphs (1) and
(2)(A), is amended--
(A) by inserting ``Extent of Reduction or Suspension.--''
before ``The extent of''; and
(B) by striking ``paragraph (2)'' and inserting
``subsection (c)''.
(7) Conforming amendments to new 3806(e).--Subsection (e) of
such section, as transferred and redesignated by paragraphs (1) and
(2)(A), is amended--
(A) by inserting ``Written Justification.--'' before ``A
written''; and
(B) by striking ``paragraph (2)'' and inserting
``subsection (c)''.
(8) Conforming amendments to new 3806(f).--Subsection (f) of
such section, as transferred and redesignated by paragraphs (1) and
(2)(A), is amended--
(A) by inserting ``Notice.--'' before ``The head of an
agency shall''; and
(B) by striking ``paragraph (2)'' and inserting
``subsection (c)''.
(9) Conforming amendments to new 3806(g).--Subsection (g) of
such section, as transferred and redesignated by paragraphs (1) and
(2)(A), is amended--
(A) by inserting ``Review.--'' before ``Not later than'';
(B) by striking ``paragraph (2)'' and inserting
``subsection (c)''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(10) Conforming amendments to new 3806(h).--Subsection (h) of
such section, as transferred and redesignated by paragraphs (1) and
(2)(A), is amended--
(A) by inserting ``Annual Report.--'' before ``The head
of''; and
(B) by striking ``paragraph (2)'' and inserting
``subsection (c)''.
(11) Reordering and redesignation for title 41 consistency.--
Subsections (i) and (j) of such section, as transferred and
redesignated by paragraphs (1) and (2)(A), are reversed in order
and are redesignated accordingly.
(12) Conforming amendments to new 3806(i).--Subsection (i) of
such section, as transferred and redesignated by paragraphs (1),
(2)(A), and (11), is amended--
(A) by inserting ``Restriction on Delegation.--'' before
``The head of''; and
(B) by striking ``this subsection'' and inserting ``this
section''.
(13) Conforming amendments to new 3806(j).--Subsection (j) of
such section, as transferred and redesignated by paragraphs (1),
(2)(A), and (11), is amended--
(A) by inserting ``Inapplicability to Coast Guard.--''
before ``This'';
(B) by striking ``subsection applies'' and inserting
``section applies''; and
(C) by striking ``section 2303(a)'' and inserting ``section
3063''.
(h) Transfer of Subsection (h) of Section 2307.--Subsection (h) of
section 2307 of title 10, United States Code, is transferred to section
3807 of such title, as added by subsection (a), inserted after the
section heading, and amended--
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ``subsection (a)(1)'' and inserting ``section
3801(1) of this title''.
SEC. 1835. CONTRACTOR AUDITS AND ACCOUNTING.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 279 and inserting the following:
``CHAPTER 279--CONTRACTOR AUDITS AND ACCOUNTING
``Sec.
``3841. Examination of records of contractor.
``3842. Performance of incurred cost audits.
``3843. Contractor internal audit reports: Department of Defense access
to, use of, and safeguards and protections for.
``3844. Contractor business systems.
``3845. Contractor inventory accounting systems: standards.
``3846. Defense Contract Audit Agency: legal resources and expertise.
``3847. Defense Contract Audit Agency: annual report.
``3848. Defense audit agencies: Small Business Ombudsmen.
``Sec. 3841. Examination of records of contractor''.
(b) Transfer of Section 2313.--
(1) Transfer of subsections (a) through (h).--Subsections (a)
through (h) of section 2313 of title 10, United States Code, are
transferred to section 3841 of such title, as added by subsection
(a), inserted after the section heading, and redesignated as
subsections (b) through (i), respectively.
(2) Transfer of subsection (i).--Subsection (i) of section 2313
of such title is transferred to section 3841 of such title, as
amended by paragraph (1), inserted before subsection (b), as
transferred and redesignated by paragraph (1), and redesignated as
subsection (a).
(3) Conforming amendments to new 3841(b).--Subsection (b) of
such section 3841, as redesignated by paragraph (1), is amended--
(A) by striking ``Agency Authority.--(1) The head of'' and
inserting ``Agency Authority.--
``(1) The head of'';
(B) in paragraph (1)(A), by striking ``made by that agency
under this chapter'' and inserting ``made by that agency under
a chapter 137 legacy provision'';
(C) by realigning paragraph (2) 2 ems to the right; and
(D) in paragraph (2), by striking ``section 2306a'' and
inserting ``chapter 271''.
(4) Conforming amendments to new 3841(c).--Subsection (c) of
such section 3841, as redesignated by paragraph (1), is amended--
(A) by striking ``Authority.--(1) The Director of'' and
inserting ``Authority.--
``(1) Authority to require the production of records.--The
Director of'';
(B) in paragraph (1), by striking ``subsection (a)'' and
inserting ``subsection (b)'';
(C) by realigning paragraphs (2) and (3) 2 ems to the
right;
(D) in paragraph (2), by inserting ``Enforcement of
subpoena.--'' before ``Any such subpoena''; and
(E) in paragraph (3), by inserting ``Authority not
delegable.--'' before ``The authority provided by''.
(5) Conforming amendments to new 3841(d).--Subsection (d) of
such section 3841, as redesignated by paragraph (1), is amended--
(A) by striking ``Authority.--(1) Except as'' and inserting
``Authority.--
``(1) In general.--Except as'';
(B) by realigning paragraphs (2) and (3) 2 ems to the
right;
(C) in paragraph (2), by inserting ``Exception for foreign
contractor or subcontractor.--'' before ``Paragraph (1) does
not apply''; and
(D) in paragraph (3), by inserting ``Additional records not
required.--'' before ``Paragraph (1) may not''.
(6) Conforming amendments to new 3841(f).--Subsection (f) of
such section 3841, as redesignated by paragraph (1), is amended--
(A) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(B) by striking ``subsection (c)'' and inserting
``subsection (d)''.
(c) Transfer of Title 10 Sections.--Sections 2313b, 2410b, 2313a,
and 204 of title 10, United States Code, are transferred to chapter 279
of such title, as added by subsection (a), inserted (in that order)
after section 3841, as amended by subsection (b), and redesignated as
sections 3842, 3845, 3847, and 3848, respectively.
(d) Amendments to Transferred Sections.--
(1) Section 3842 of such title, as so transferred and
redesignated, is amended by striking ``section 2313a'' in
subsection (g)(5) and inserting ``section 3847''.
(2) Section 3845 of such title, as so transferred and
redesignated, is amended by striking ``(as defined in section 103
of title 41)'' in subsection (c).
(3) Section 3847 of such title, as so transferred and
redesignated, is amended by striking ``section 2313b'' in
subsection (d)(1) and inserting ``section 3842''.
(4) The heading of section 3848 of such title, as so
transferred and redesignated, is amended to read as follows:
``Sec. 3848. Defense audit agencies: Small Business Ombudsmen''.
(e) Placeholder Sections.--Chapter 279 of such title, as added and
amended by this section, is further amended--
(1) by inserting after section 3842, as transferred and
redesignated by subsection (c), the following:
``Sec. 3843. Contractor internal audit reports: Department of Defense
access to, use of, and safeguards and protections for
``[Reserved.]
``Sec. 3844. Contractor business systems
``[Reserved.]''; and
(2) by inserting after section 3845, as transferred and
redesignated by subsection (c), the following:
``Sec. 3846. Defense Contract Audit Agency: legal resources and
expertise
``[Reserved.]''.
SEC. 1836. CLAIMS AND DISPUTES.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 281 and inserting the following:
``CHAPTER 281--CLAIMS AND DISPUTES
``Sec.
``3861. Research and development contracts: indemnification provisions.
``3862. Requests for equitable adjustment or other relief:
certification.
``3863. Retention of amounts collected from contractor during the
pendency of contract dispute.''.
(b) Transfer of Sections.--Sections 2354, 2410, and 2410m of title
10, United States Code, are transferred to chapter 281 of such title,
as added by subsection (a), inserted (in that order) after the table of
sections, and redesignated as sections 3861, 3862, and 3863,
respectively.
(c) Heading Amendment.--The heading of section 3861 of title 10,
United States Code, as so transferred and redesignated, is amended to
read as follows:
``Sec. 3861. Research and development contracts: indemnification
provisions''.
SEC. 1837. FOREIGN ACQUISITIONS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 283 and inserting the following:
``CHAPTER 283--FOREIGN ACQUISITIONS
``Subchapter Sec.
``I. General...................................................... 3881
``II. Prohibition on Contracting with the Enemy................... 3891
``SUBCHAPTER I--GENERAL
``Sec.
``3881. Contracts: consideration of national security objectives.''.
(b) Transfer of Section 2327.--
(1) Transfer.--Section 2327 of title 10, United States Code, is
transferred to chapter 283 of such title, as added by subsection
(a), inserted after the table of sections at the beginning of
subchapter I, and redesignated as section 3881.
(2) Applicability of definitions.--Such section is amended in
subsection (f)(2) by striking ``This section does not'' and
inserting ``The provisions of section 3011 of this title apply in
this section, except that this section does not''.
(c) Future Codification of Sections 841-843 of Fy2015 Ndaa.--
Chapter 283 of title 10, United States Code, is further amended by
adding at the end the following:
``Subchapter II--Prohibition on Contracting With the Enemy
``Sec.
``3891. [Reserved].
``3892. [Reserved].
``3893. [Reserved].''.
SEC. 1838. SOCIOECONOMIC PROGRAMS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 287 and inserting the following:
``CHAPTER 287--SOCIOECONOMIC PROGRAMS
``Sec.
``3901. Contracts: prohibition on competition between Department of
Defense and small businesses.
``3902. Credit for Indian contracting in meeting certain subcontracting
goals for small disadvantaged businesses.
``3903. Subcontracting plans: credit for certain purchases.
``3904. Research and educational programs and activities: historically
black colleges and universities and minority-serving
institutions of higher education.
``3905. Products of Federal Prison Industries: procedural
requirements.''.
(b) Transfer of Sections.--Section 2304e, 2323a, 2410d, 2362, and
2410n of such title are transferred to chapter 285 of such title, as
added by subsection (a), inserted (in that order) after the table of
sections, and redesignated as section 3901, 3902, 3903, 3904, and 3905,
respectively.
Subtitle E--Research and Engineering
SEC. 1841. RESEARCH AND ENGINEERING GENERALLY.
(a) Switching of Subparts E and F.--
(1) New subpart e.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232), is amended--
(A) by striking subparts E and F; and
(B) by inserting after subpart D the following new subpart
E:
``Subpart E--Research and Engineering
``CHAPTER 301-- RESEARCH AND ENGINEERING GENERALLY
``Sec.
``4001. Research and development projects.
``4002. Research projects: transactions other than contracts and grants.
``4003. Authority of the Department of Defense to carry out certain
prototype projects.
``4004. Procurement for experimental purposes.
``4005. [Reserved].
``4006. [Reserved].
``4007. Science and technology programs to be conducted so as to foster
the transition of science and technology to higher levels of
research, development, test, and evaluation.
``4008. Merit-based award of grants for research and development.
``4009. Technology protection features activities.
``4010. [Reserved].
``4011. [Reserved].
``4012. [Reserved].
``4013. [Reserved].
``4014. Coordination and communication of defense research activities
and technology domain awareness.
``4015. Award of grants and contracts to colleges and universities:
requirement of competition.''.
(2) Tables of chapters.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of subtitle
A, of title 10, United States Code, are amended by striking the
items relating to subparts E and F and inserting the following:
``Subpart E--Research and Engineering
``301. Research and Engineering Generally
``303. Innovation
``305. Department of Defense Laboratories
``307. Research and Development Centers and Facilities
``309. Test and Evaluation''.
(b) Transfer of Title 10 Sections to New Chapter 301.--
(1) Transfers.--Sections 2358, 2371, 2371b and 2373 of title
10, United States Code, are transferred to chapter 301 of such
title, as added by subsection (a), inserted (in that order) after
the table of sections, and redesignated as sections 4001, 4002,
4003, and 4004, respectively.
(2) Conforming cross-reference amendments.--
(A) Section 4001 of such title, as transferred and
redesignated by paragraph (1), is amended--
(i) in subsection (b)(5), by striking ``sections 2371
or 2371b'' and inserting ``sections 4002 or 4003'';
(ii) in subsection (b)(6), by striking ``section 2373''
and inserting ``sections 4004''; and
(iii) in subsection (d), by striking ``sections 2371
and 2371a'' and inserting ``sections 4002 and 4143''.
(B) Section 4002 of such title, as so transferred and
redesignated, is amended by striking ``section 2358'' each
place it appears and inserting ``section 4001''.
(C) Section 4003 of such title, as so transferred and
redesignated, is amended by striking ``section 2371'' in
subsections (a)(1), (b)(1), and (c)(3)(A) and inserting
``section 4002''.
(c) Transfer of Additional Title 10 Sections to New Chapter.--
Sections 2359, 2374, 2357, and 2361 of title 10, United States Code,
are transferred to chapter 301 of such title, as added by subsection
(a), added (in that order) after section 4004, as transferred and
redesignated by subsection (b), and redesignated as sections 4007,
4008, 4009, and 4015, respectively.
(d) Transfer of Section 2364(a).--
(1) Transfer.--The heading and subsection (a) of section 2364
of title 10, United States Code, are transferred to chapter 301 of
such title, as so amended, inserted after section 4009, as
transferred and redesignated by subsection (c), and redesignated as
section 4014.
(2) Preservation of definition.--Section 4014, as redesignated
by paragraph (1), is amended by adding at the end the following new
subsection:
``(b) Defense Research Facility Defined.--In this section, the term
`Defense research facility' has the meaning given that term by section
4142(b) of this title.''.
(e) Additional Conforming Cross-reference Amendments.--
(1) Sections 1746(d)(1) and 2165(f)(1) of title 10, United
States Code, are amended by striking ``section 2358'' and inserting
``section 4001''.
(2) Section 218(b)(1) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2501 note) is
amended by striking ``section 2371b'' and inserting ``section
4003''.
SEC. 1842. INNOVATION.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 301, as added by the preceding section, the
following new chapter:
``CHAPTER 303--INNOVATION
``Sec.
``4061. Defense Research and Development Rapid Innovation Program.
``4062. Defense Acquisition Challenge Program.
``4063. Extramural acquisition innovation and research activities.
``4064. Joint reserve detachment of the Defense Innovation Unit.
``4065. Prizes for advanced technology achievements.
``4066. Global Research Watch Program.''.
(b) Transfer of Title 10 Sections.--Sections 2359a, 2359b, 2361a,
2358b, 2374a, and 2365 of title 10, United States Code, are transferred
to chapter 303 of such title, as added by subsection (a), inserted (in
that order) after the table of sections, and redesignated as sections
4061, 4062, 4063, 4064, 4065, and 4066, respectively.
(c) Conforming Cross-reference Amendments.--
(1) Section 1089(a) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2374a note) is
amended by striking ``section 2374a'' and inserting ``section
4065''.
(2) Section 905(a)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 2364 note) is amended by striking ``section 2365'' and
inserting ``section 4066''.
SEC. 1843. DEPARTMENT OF DEFENSE LABORATORIES.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 303, as added by the preceding section, the
following new chapter:
``CHAPTER 305--DEPARTMENT OF DEFENSE LABORATORIES
``Subchapter
Sec.
``I. General Matters.............................................. 4101
``II. Personnel-Related Matters................................... 4111
``SUBCHAPTER I--GENERAL MATTERS
``Sec.
``4101. [Reserved].
``4102. [Reserved].
``4103. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.
``SUBCHAPTER II--PERSONNEL-RELATED MATTERS
``Sec.
``4111. Authorities for certain positions at science and technology
reinvention laboratories.
``4112. Research and development laboratories: contracts for services of
university students.''.
(b) Transfer of Title 10 Sections.--
(1) Transfer to subchapter i.--Section 2363 of title 10, United
States Code, is transferred to subchapter I of chapter 305 of such
title, as added by subsection (a), inserted after the table of
sections at the beginning of such subchapter, and redesignated as
section 4103.
(2) Transfers to subchapter ii.--Sections 2358a and 2360 of
title 10, United States Code, are transferred to subchapter II of
chapter 305 of such title, as added by subsection (a), inserted (in
that order) after the table of sections at the beginning of such
subchapter, and redesignated as sections 4111 and 4112,
respectively.
(c) Conforming Cross-reference Amendment.--Section 2805(d)(1)(B) of
title 10, United States Code, is amended by striking ``section
2363(a)'' and inserting ``section 4103(a)''.
SEC. 1844. RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 305, as added by the preceding section, the
following new chapter:
``CHAPTER 307--RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES
``Sec.
``4141. Contracts: acquisition, construction, or furnishing of test
facilities and equipment.
``4142. Functions of Defense research facilities.
``4143. Cooperative research and development agreements under Stevenson-
Wydler Technology Innovation Act of 1980.
``4144. Use of test and evaluation installations by commercial entities.
``4145. Cooperative agreements for reciprocal use of test facilities:
foreign countries and international organizations.
``4146. Centers for Science, Technology, and Engineering Partnership.
``4147. Use of federally funded research and development centers.''.
(b) Transfer of Title 10 Sections.--
(1) In general.--The sections of title 10, United States Code,
specified in the left-hand column of the table below are
transferred to chapter 307 of such title, as added by subsection
(a), inserted (in that order), after the table of sections, and
redesignated as shown in the right-hand column:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
2353 4141
2371a 4143
2681 4144
2350l 4145
2368 4146
2367 4147
------------------------------------------------------------------------
(2) Clerical amendments.--
(A) The table of sections at the beginning of subchapter II
of chapter 138 of title 10, United States Code, is amended by
striking the item relating to section 2350l.
(B) The table of sections at the beginning of chapter 159
of such title is amended by striking the item relating to
section 2681.
(c) Conforming Amendments to Transferred Section 4146.--Section
4146 of such title, as transferred and redesignated by subsection (b),
is amended--
(1) in subsection (b)(3)(B)(ii), by striking ``2358, 2371,
2511, 2539b,'' and inserting ``4001, 4002, 4831, 4892,''; and
(2) in subsection (d)(2), by striking ``section 219'' and all
that follows and inserting ``section 4103 of this title.''.
(d) Transfer of Section 2364(b) and (c).--
(1) Heading.--Chapter 307 of title 10, United States Code, as
amended by subsection (a), is further amended by inserting after
section 4141, as transferred and redesignated by subsection (b),
the following:
``Sec. 4142. Functions of Defense research facilities''.
(2) Text.--Subsections (b) and (c) of section 2364 of such
title are transferred to chapter 307 of such title, as so amended,
inserted after the section heading for section 4142 added by
paragraph (1), and redesignated as subsections (a) and (b),
respectively.
(e) Conforming Cross-reference Amendments.--
(1) Section 114(b) of title 10, United States Code, is amended
by striking ``section 2353'' and inserting ``section 4141''.
(2) Section 1644(f)(2) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 2224 note) is amended by striking ``section 2368'' and
inserting ``section 4146''.
SEC. 1845. TEST AND EVALUATION.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 307, as added by the preceding section, the
following new chapter:
``CHAPTER 309--TEST AND EVALUATION
``Sec.
``4171. Operational test and evaluation of defense acquisition programs.
``4172. Major systems and munitions programs: survivability testing and
lethality testing required before full-scale production.
``4173. Department of Defense Test Resource Management Center.''.
(b) Transfer of Title 10 Sections.--Sections 2399, 2366, and 196 of
title 10, United States Code, are transferred to chapter 309 of such
title, as amended by subsection (a), inserted after the table of
sections (in that order), and redesignated as section 4171, 4172, and
4173, respectively.
(c) Conforming Cross-reference Amendments.--
(1) Section 139(b)(6) of title 10, United States Code, is
amended by striking ``section 2366'' and inserting ``section
4172''.
(2) Section 171a(i)(3) of such title is amended by striking
``section 2366(e)'' and inserting ``sections 4172(e)''.
(3) Section 2275(g)(3) of such title is amended by striking
``section 2366(e)(7)'' and inserting ``sections 4172(e)(7)''.
(4) Section 130i(j)(3)(C)(ix) of such title is amended by
striking ``section 196(i)'' and inserting ``sections 4173(i)''.
(5) Section 4111 of such title, as transferred and redesignated
by section 503(b)(2), is amended by striking ``section 196'' in
subsection (f)(1) and inserting ``section 4173''.
(6) Section 220(c) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 221 note) is
amended by striking ``section 196(h)'' and inserting ``sections
4173(i)''.
Subtitle F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development
SEC. 1846. GENERAL MATTERS.
(a) Tables of Chapters Amendments Showing Chapter Organization for
Subpart F.--The tables of chapters at the beginning of subtitle A, and
at the beginning of part V of subtitle A (as added by section 801 of
Public Law 115-232), of title 10, United States Code, are amended by
inserting before the item for the heading for subpart G of part V the
following:
``Subpart F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development
``321. General Matters
``322. Major Systems and Major Defense Acquisition Programs Generally
``323. Life-Cycle And Sustainment
``324. Program Status--Selected Acquisition Reports
``325. Cost Growth--Unit Cost Reports (Nunn-McCurdy)
``327. Weapon Systems Development and Related Matters''.
(b) Designation of Revised Subpart F and Insertion of New Chapter
321.--Part V of subtitle A of title 10, United States Code, as added by
section 801 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), is amended by inserting
before subpart G the following new subpart:
``Subpart F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development
``CHAPTER 321--GENERAL MATTERS
``Sec.
``4201. Major defense acquisition programs: definition; exceptions.
``4202. Authority to increase definitional threshold amounts: major
defense acquisition programs; major systems.
``4203. Major subprograms.
``4204. Milestone decision authority.
``4205. Weapon systems for which procurement funding requested in
budget: development and procurement schedules.
``Sec. 4201. Major defense acquisition programs: definition; exceptions
``Sec. 4202. Authority to increase definitional threshold amounts:
major defense acquisition programs; major systems
``Sec. 4204. Milestone decision authority''.
(c) Transfer of Subsection (a) of Section 2430.--
(1) Headings and internal redesignations.--Subsection (a) of
section 2430 of title 10, United States Code, is transferred to
section 4201 of such title, as added by subsection (b), inserted
after the section heading, and amended--
(A) by striking ``(1) Except as'' and inserting
``Definition.--Except as'';
(B) by striking ``under paragraph (2)'' and inserting
``under subsection (b)'';
(C) by striking ``in this chapter'' and inserting ``in this
part'';
(D) by redesignating paragraph (2) as subsection (b) and
striking ``In this chapter'' and inserting ``Exceptions.--In
this part''; and
(E) by redesignating subparagraphs (A) and (B) of
subsection (a) and of subsection (b), as so redesignated, as
paragraphs (1) and (2), respectively.
(2) Revisions to new section 4201(a)(2).--Subsection (a)(2) of
such section 4201, as redesignated and amended by paragraph (1), is
amended--
(A) by striking ``to require an eventual'' and inserting
``to require--
``(A) an eventual''; and
(B) by striking ``or an eventual'' and inserting ``; or
``(B) an eventual''.
(3) Revisions to new section 4201(b).--Subsection (b) of such
section 4201, as redesignated and amended by paragraph (1)(D), is
amended--
(A) by striking ``include--'' and inserting ``include the
following:'';
(B) by striking ``an'' at the beginning of paragraphs (1)
and (2), as redesignated by paragraph (1)(E) and inserting
``An''; and
(C) by striking ``; or'' at the end of paragraph (1), as so
redesignated, and inserting a period.
(d) Transfer of Subsections (b) and (c) of Section 2430.--
(1) Transfer and internal redesignations.--Subsections (b) and
(c) of section 2430 of title 10, United States Code, are
transferred to section 4202 of such title, as added by subsection
(b), inserted after the section heading, and amended--
(A) by redesignating subsection (b) as subsection (a);
(B) by striking the second sentence of that subsection; and
(C) by redesignating subsection (c) as paragraph (2),
realigning that paragraph 2 ems to the right, and redesignating
paragraphs (1), (2), (3), and (4) therein as subparagraphs (A),
(B), (C), and (D), respectively.
(2) Subsection (a) of such section, as so redesignated, is
further amended--
(A) by striking ``The Secretary'' and inserting
``Adjustments to Thresholds for Major Defense Acquisition
Programs.--
``(1) Authority.--The Secretary'';
(B) by striking ``in subsection (a)(1)(B)'' and inserting
``in section 4201(a)(2) of this title'';
(C) in paragraph (2), as redesignated by paragraph (1)(C)--
(i) by inserting ``Matters to be considered.--'' before
``For purposes of'';
(ii) by striking ``subsection (a)(1)(B)'' and inserting
``section 4201(a)(2) of this title'';
(iii) in subparagraph (B), as redesignated by paragraph
(1)(C), by striking ``section 2366a(a)(6)'' and inserting
``section 4251(a)(6)'';
(iv) in subparagraph (C), as so redesignated, by
striking ``section 2366b(a)(1)(C)'' and inserting ``section
4252(a)(1)(C)''; and
(v) in subparagraph (D), as so redesignated, by
striking ``section 2435'' and inserting ``section 4214''.
(e) Transfer of Subsection (c) of Section 2302d.--
(1) Transfer and internal redesignations.--Subsection (c) of
section 2302d of title 10, United States Code, is transferred to
section 4202 of such title, as added by subsection (b), inserted
after subsection (a) of that section, as transferred and amended by
subsection (d), and amended--
(A) by redesignating such subsection as subsection (b); and
(B) by redesignating paragraph (3) thereof as subsection
(c).
(2) Amendments to new 4202(b).--Subsection (b) of section 4202
of such title, as so transferred and redesignated, is amended--
(A) by striking ``Adjustment authority.--(1) The
Secretary'' and inserting ``Adjustment Authority for Major
Systems.--
``(1) Authority.--The Secretary'';
(B) by striking ``subsection (a)'' and inserting ``section
3041(c)(1) of this title''; and
(C) by realigning paragraph (2) 2 ems from the left margin
and inserting ``Rounding.--'' in that paragraph after ``(2)''.
(3) Amendments to new 4202(c).--Subsection (c) of section 4202
of such title, as redesignated by paragraph (1), is amended--
(A) by inserting ``Notification to Congressional
Committees.--'' before ``An adjustment''; and
(B) by striking ``under this subsection'' and inserting
``under subsection (a) or (b)''.
(f) Transfer of Subsection (d) of Section 2430.--
(1) Transfer and internal redesignations.--Subsection (d) of
section 2430 of title 10, United States Code, is transferred to
section 4204 of such title, as added by subsection (b), inserted
after the section heading, and amended by striking the subsection
designation and redesignating paragraphs (1), (2), (3), (4), and
(5) as subsections (a), (b), (c), (d), and (f), respectively.
(2) Amendments to new section 4204(a).--Subsection (a) of such
section 4204, as transferred and redesignated by paragraph (1), is
amended--
(A) by inserting ``Service Acquisition Executive.--''
before ``The milestone''; and
(B) by striking ``under paragraph (2)'' and inserting
``under subsection (b)''.
(3) Amendments to new section 4204(b).--Subsection (b) of such
section 4204, as redesignated by paragraph (1), is amended--
(A) by inserting ``Designation of Alternate Milestone
Decision Authority.--'' before ``The Secretary'';
(B) by striking ``to which--'' and inserting ``to which any
of the following applies:'';
(C) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively;
(D) in paragraph (1), as so redesignated, by striking
``subject to paragraph (5)'' and inserting ``Subject to
subsection (f)'';
(E) in paragraph (3), as so redesignated, by striking
``section 2433'' and inserting ``sections 4371 through 4375'';
(F) by striking ``the'' at the beginning of paragraphs (2),
(3), (4), and (5), as so redesignated, and inserting ``The'';
(G) by striking the semicolon at the end of paragraphs (1),
(2), and (3), as so redesignated, and inserting a period; and
(H) by striking ``; or'' at the end of paragraph (4), as so
redesignated, and inserting a period.
(4) Amendments to new section 4204(c).--Subsection (c) of
section 4204 of such title, as so redesignated, is amended--
(A) by striking ``(A) After designating'' and inserting
``Reversion to Service Acquisition Executive.--
``(1) After designating'';
(B) by striking ``under paragraph (2)'' and inserting
``under subsection (b)''; and
(C) by redesignating subparagraph (B) as paragraph (2),
realigning that paragraph 2 ems from the left margin, and
striking ``section 2433'' and inserting ``sections 4371 through
4375''.
(5) Amendments to new section 4204(d).--Subsection (d) of
section 4204 of such title, as so redesignated, is amended--
(A) by striking ``(A) For each'' and inserting
``Certifications relating to program requirements and
funding.--For each'';
(B) by redesignating subparagraph (B) as subsection (e);
(C) by striking ``under section 2432 of this title, certify
that'' and inserting ``under sections 4351 through 4358 of this
title--
``(1) certify that''; and
(D) by striking ``the program and identify and report'' and
inserting ``the program; and
``(2) identify and report''.
(6) Amendments to new section 4204(e).--Subsection (e) of
section 4204 of such title, as redesignated by paragraph (5)(B), is
amended--
(A) by inserting ``Documentation and Oversight--'' before
``The Secretary of Defense'';
(B) by striking ``programs and shall limit outside
requirements'' and inserting ``programs and shall--
``(1) limit outside requirements''; and
(C) by striking ``decision authority and ensure that'' and
inserting ``decision authority; and
``(2) ensure that''.
(7) Amendments to new section 4204(f).--Subsection (f) of
section 4204 of such title, as redesignated by paragraph (1), is
amended--
(A) by inserting ``Limitation on Authority to Designate
Alternative MDA for Programs Addressing Joint Requirements.--''
before ``The authority of''; and
(B) by striking ``in paragraph (2)(A)'' and inserting ``in
subsection (b)(1)''.
(8) Conforming repeal.--Section 2430 of title 10, United States
Code, is repealed.
(g) Transfer of Section 2430a.--Section 2430a of such title is
transferred to chapter 321 of such title, as added by subsection (b),
inserted after section 4202, redesignated as section 4203, and
amended--
(1) by striking ``section 2432(a)'' in subsection (d) and
inserting ``section 4351''; and
(2) by striking ``this chapter'' each place it appears and
inserting ``this subpart''.
(h) Transfer of Section 2431.--
(1) Section 2431 of such title is transferred to chapter 321,
as added by subsection (b), added at the end, and redesignated as
section 4205.
(2) The heading of such section is amended to read as follows:
``Sec. 4205. Weapon systems for which procurement funding requested in
budget: development and procurement schedules''.
(i) Cross References.--The following provisions of law are amended
by striking ``section 2430'' or ``section 2430(a)'', as the case may
be, and inserting ``section 4201'':
(1) Section 139(a)(2)(B) of title 10, United States Code.
(2) Section 189(c)(1) of such title.
(3) Section 1706(c)(1) of such title.
(4) Sections 1731(b)(1)(B)(ii) and 1737(a)(3) of such title.
(5) Section 2275(g)(2) of such title.
(6) Section 141(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 50
U.S.C. 1521a).
SEC. 1847. MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS
GENERALLY.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 321, as added by the preceding section, the
following new chapter:
``CHAPTER 322--MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS
GENERALLY
``Subchapter
Sec.
``I. Management................................................... 4211
``II. Contracting................................................. 4231
``III. Milestones for Major Defense Acquisition Programs.......... 4251
``IV. Additional Provisions Applicable Specifically to Major
Defense Acquisition Programs...................................... 4271
``III. Contractors................................................ 4291
``SUBCHAPTER I--MANAGEMENT
``Sec.
``4211. Acquisition strategy.
``4212. Risk management and mitigation.
``4213. [Reserved].
``4214. Baseline description.
``4215. [Reserved].
``4216. [Reserved].
``4217. [Reserved].
``4218. [Reserved].
``SUBCHAPTER II--CONTRACTING
``Sec.
``4231. Major systems: determination of quantity for low-rate initial
production.
``4232. Use of lowest price technically acceptable source selection
process: prohibition.
``4233. [Reserved].
``4234. [Reserved].
``4235. [Reserved].
``4236. Negotiation of price for technical data before development,
production, or sustainment of major weapon systems.
``SUBCHAPTER III--MILESTONES FOR MAJOR DEFENSE ACQUISITION PROGRAMS
``Sec.
``4251. Major defense acquisition programs: determination required
before Milestone A approval.
``4252. Major defense acquisition programs: certification required
before Milestone B approval.
``4253. Major defense acquisition programs: submissions to Congress on
Milestone C.
``4254. [Reserved].
``SUBCHAPTER IV--ADDITIONAL PROVISIONS APPLICABLE SPECIFICALLY TO MAJOR
DEFENSE ACQUISITION PROGRAMS
``Sec.
``4271. Program cost, fielding, and performance goals in planning major
defense acquisition programs.
``4272. Independent technical risk assessments.
``4273. Performance assessments and root cause analyses.
``4274. Acquisition-related functions of chiefs: adherence to
requirements in major defense acquisition programs.
``4275. [Reserved].
``4276. [Reserved].
``SUBCHAPTER V--CONTRACTORS
``Sec.
``4291. [Reserved].
``4292. Contracts: limitations on lead system integrators.
``4293. Major defense acquisition programs: incentive program for
contractors to purchase capital assets manufactured in United
States.''.
(b) Subchapter I (management).--
(1) Transfer of section 2431a.--
(A) Transfer.--Section 2431a of 10, United States Code, is
transferred to chapter 322, as added by subsection (a),
inserted after the table of sections at the beginning of
subchapter I, and redesignated as section 4211.
(B) Conforming cross-reference amendments.--Such section is
amended--
(i) in subsection (c)(2)--
(I) in subparagraph (D), by striking ``section
2337'' and inserting ``section 4324'';
(II) in subparagraph (F), by striking ``section
2320'' and inserting ``sections 3771 through 3775'';
and
(III) in subparagraph (H), by striking ``section
2306b'' and inserting ``sections 3501 through 3511'';
and
(ii) in subsection (e)--
(I) in paragraph (4), by striking ``section
2366(e)(7)'' and inserting ``section 4172(e)(7)'';
(II) in paragraph (7), by striking ``section
2433(a)(4)'' and inserting ``section 4371(a)(2)''; and
(III) in paragraph (8), by striking ``section
2433(a)(5)'' and inserting ``section 4371(a)(3)''.
(C) Definitions.--Subsection (e) of such section is further
amended--
(i) by striking paragraphs (1) and (2); and
(ii) redesignating paragraphs (3) through (10) (as
amended by subparagraph (B)(ii)) as paragraphs (1) through
(8), respectively;
(2) Transfer of section 2440.--
(A) Transfer.--The text of section 2440 of title 10, United
States Code, is transferred to section 4211 of such title, as
transferred and redesignated by paragraph (1), inserted at the
end of subsection (c), designated as paragraph (3), and amended
by striking ``section 2501'' and inserting ``section 4811''.
(B) Cross-reference.--Subsection (c)(2)(B) of such section
4211 is amended by striking ``section 2440 of this title'' and
inserting ``paragraph (3)'';
(3) Transfer of section 2431b.--Section 2431b of such title is
transferred to chapter 322 of such title, as added by subsection
(a), inserted after section 4211, as transferred and redesignated
by paragraph (1) and amended by paragraph (2), redesignated as
section 4212, and amended--
(A) in subsection (a), by striking ``section 2431a'' and
inserting ``section 4211''; and
(B) in subsection (d)--
(i) by striking ``Definitions.--'' and all that follows
through ``The term'' and inserting ``Concurrency Defined.--
In this section, the term''; and
(ii) by striking paragraph (2).
(4) Transfer of section 2435.--Section 2435 of title 10, United
States Code, is transferred to chapter 322 of such title, as added
by subsection (a), inserted after section 4212, as transferred and
redesignated by paragraph (3), redesignated as section 4214, and
amended--
(A) in subsections (a)(2) and (d)(2), by striking ``section
2433'' and inserting ``sections 4371 through 4375''; and
(B) in subsection (d)--
(i) in paragraph (1), by striking ``In this chapter''
and inserting ``In this subpart'';
(ii) in paragraph (2), by striking ``subsection (d) of
such section'' and inserting ``section 4374 of this
title''; and
(iii) in paragraph (3), by striking ``section 2432''
and inserting ``sections 4351 through 4358''.
(c) Subchapter Ii (contracting).--
(1) Transfer of section 2400.--
(A) Section 2400 of title 10, United States Code, is
transferred to chapter 322 of such title, as added by
subsection (a), inserted after the table of sections at the
beginning of subchapter II, redesignated as section 4231, and
amended--
(i) in subsection (a)(5), by striking ``section 2432''
and inserting ``sections 4351 through 4358''; and
(ii) in subsection (b)(1), by striking ``section 2399''
and inserting ``section 4171''.
(B) The heading of such section is amended to read as
follows:
``Sec. 4231. Major systems: determination of quantity for low-rate
initial production''.
(2) Transfer of section 2442.--Section 2442 of such title is
transferred to chapter 322 of such title, as added by subsection
(a), inserted after section 4231, as transferred and redesignated
by paragraph (1), redesignated as section 4232, and amended in
subsection (b) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2).
(3) Transfer of section 2439.--Section 2439 of title 10, United
States Code, is transferred to chapter 322, as added by subsection
(a), inserted after section 4232, as transferred and redesignated
by paragraph (2), and redesignated as section 4236.
(d) Subchapter Iii (milestones).--
(1) Transfer of section 2366a.--
(A) Transfer.--Section 2366a of title 10, United States
Code, is transferred to chapter 322 of such title, as added by
subsection (a), inserted after the table of sections at the
beginning of subchapter III, and redesignated as section 4251.
(B) Amendments to subsection (b).--Subsection (b) of such
section is amended--
(i) in paragraph (4), by striking ``section
2448b(a)(1)'' and inserting ``section 4272(a)(1)''; and
(ii) in paragraph (8), by striking ``subchapter II of
chapter 144B'' and inserting ``subchapter II of chapter
327''.
(C) Amendments to subsection (c).--Subsection (c)(1) of
such section is amended--
(i) in subparagraph (A), by striking ``section
2448a(a)'' and inserting ``section 4271(a)'';
(ii) in subparagraph (C), by striking ``section
2334(a)(6)'' and inserting ``section 3221(b)(6)''; and
(iii) in subparagraph (E), by striking ``section
2448b'' and inserting ``section 4272''.
(D) Amendments to subsection (d).--Subsection (d) of such
section is amended--
(i) by striking paragraphs (1) and (6) and
redesignating paragraphs (2), (3), (4), (5), (7), (8), (9),
and (10) as paragraphs (1), (2), (3), (4), (5), (6), (7),
and (8), respectively;
(ii) in paragraph (3) (as so redesignated), by striking
``section 2366(e)(7)'' and inserting ``section
4172(e)(7)'';
(iii) in paragraph (6) (as so redesignated), by
striking ``section 2448a(a)'' and inserting ``section
4271(a)''; and
(iv) in paragraph (7) (as so redesignated), by striking
``section 2446a(b)(3)'' and inserting ``section
4401(b)(3)''.
(2) Transfer of section 2366b.--
(A) Transfer.--Section 2366b of title 10, United States
Code, is transferred to chapter 322 of such title, inserted
after section 4251, as transferred and redesignated by
paragraph (1), and redesignated as section 4252.
(B) Amendments to subsection (a).--Subsection (a) of such
section is amended--
(i) in paragraph (2), by striking ``section 2448b'' and
inserting ``section 4272''; and
(ii) in paragraph (3)--
(I) in subparagraph (D), by striking ``section
2435'' and ``section 2448a(a)'' and inserting ``section
4214 of this title'' and ``section 4271(a)'',
respectively; and
(II) in subparagraph (N), by striking ``section
2446b(e)'' and inserting ``section 4402(e)''.
(C) Amendments to subsection (c).--Subsection (c) of such
section is amended--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``section
2448a(a)'' and inserting ``section 4271(a)'';
(II) in subparagraph (C), by striking ``section
2334(a)(6)'' and inserting ``section 3221(b)(6)''; and
(III) in subparagraph (E), by striking ``section
2448b'' and inserting ``section 4272''; and
(ii) in paragraph (2)(A), by striking ``section 2432''
and inserting ``sections 4351 through 4358''.
(D) Amendments to subsection (d).--Subsection (d)(3) of
such section is amended by striking ``section 2433a(c)'' and
inserting ``section 4377''.
(E) Amendments to subsection (g).--Subsection (g) of such
section is amended--
(i) by striking paragraphs (1) and (2) and
redesignating paragraphs (3), (4), (5), (6), (7), and (8)
as paragraphs (1), (2), (3), (4), (5), and (6),
respectively;
(ii) in paragraph (2) (as so redesignated), by striking
``section 2366(e)(7)'' and inserting ``section
4172(e)(7)'';
(iii) in paragraph (4) (as so redesignated), by
striking ``section 2448a(a)'' and inserting ``section
4271(a)''; and
(iv) in paragraph (5) (as so redesignated), by striking
``section 2446a(b)(3)'' and inserting ``section
4401(b)(3)''.
(3) Transfer of section 2366c.--Section 2366c of title 10,
United States Code, is transferred to chapter 322 of such title,
inserted after section 4252, as transferred and redesignated by
paragraph (3), redesignated as section 4253, and amended by
striking ``section 2334(a)(6)'' in subsection (a)(2) and inserting
``section 3221(b)(6)''.
(e) Subchapter Iv (additional Provisions Applicable Specifically to
Mdaps).--
(1) Transfer of section 2448a.--Section 2448a of title 10,
United States Code, is transferred to chapter 322 of such title,
inserted after the table of sections at the beginning of subchapter
IV, redesignated as section 4271, and amended--
(A) in subsection (b)(1), by striking ``section
2432(a)(2)'' and inserting ``section 4351(2)''; and
(B) in subsection (b)(2), by striking ``section
2366a(d)(2)'' and inserting ``section 4251(d)(1)''.
(2) Transfer of section 2448b.--Section 2448b of title 10,
United States Code, is transferred to chapter 322 of such title,
inserted after section 4271, as transferred and redesignated by
paragraph (1), redesignated as section 4272, and amended--
(A) in subsection (a)(1), by striking ``section 2366a'' and
inserting ``section 4251''; and
(B) in subsection (a)(2), by striking ``section 2366b'' and
inserting ``section 4252''.
(3) Transfer of section 2438.--Section 2438 of title 10, United
States Code, is transferred to chapter 322 of such title, inserted
after section 4272, as transferred and redesignated by paragraph
(2), redesignated as section 4273, and amended--
(A) in subsection (b)(2), by striking ``section
2433a(a)(1)'' and inserting ``4376(a)(1)''; and
(B) in subsections (b)(5)(A) and (d), by striking ``section
2433a'' and inserting ``sections 4736 and 4377''.
(4) Transfer of section 2547(b).--
(A) New section.--Chapter 322 of title 10, United States
Code, as added by subsection (a), is further amended by
inserting after section 4273, as transferred and redesignated
by paragraph (3), the following new section:
``Sec. 4274. Acquisition-related functions of chiefs of the armed
forces: adherence to requirements in major defense acquisition
programs''.
(B) Transfer.--Subsection (b) of section 2547 of such title
is transferred to section 4274 of such title, as added by
subparagraph (A), inserted after the section heading, and
amended--
(i) by redesignating such subsection as subsection (a);
and
(ii) by redesignating paragraph (2) as subsection (b).
(C) Amendments to new section 4274(a).--Subsection (a) of
such section 4274, as so transferred and redesignated, is
amended--
(i) by striking ``Adherence to'' and all that follows
through ``(1)'' and inserting ``Role of Service Chiefs in
Program Capability Document Approval.--''; and
(ii) by striking ``section 2448a(a)'' and inserting
``4271(a)''.
(D) Amendments to new section 4274(b).--Subsection (b) of
such section 4274, as redesignated by subparagraph (B)(ii), is
amended--
(i) by inserting ``Role of Service Chiefs in Material
Development Decision and Acquisition System Milestones.--''
before ``Consistent with'';
(ii) by striking ``under subsection (a)'' and inserting
``under section 3053 of this title'';
(iii) by redesignating subparagraphs (A), (B), (C), and
(D) as paragraphs (1), (2), (3), and (4), respectively;
(iv) in paragraph (2), as so redesignated, by striking
``section 2366a'' and inserting ``section 4251''; and
(v) in paragraph (3), as so redesignated, by striking
``section 2366b'' and inserting ``section 4252''.
(5) Restatement of section 2547(c) & (d)(3).--Such section 4274
is further amended by adding at the end--
(A) a new subsection (c) identical to section 2547(c) of
such title, as in effect on the day before the effective date
of this section; and
(B) a new subsection (d) as follows:
``(d) Program Capability Document Defined.--In this section, the
term `program capability document' has the meaning provided that term
in section 4401(b)(5) of this title.''.
(6) Cross-reference amendments.--
(A) Section 131(b)(8) of title 10, United States Code, is
amended by striking ``section 2438(a)'' in the last
subparagraph and inserting ``section 4273(a)''.
(B) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and
9033(d)(5) of such title are amended by striking ``and 2547''
and inserting ``, 3103, and 4274''.
(f) Subchapter V (contractors).--
(1) Transfer of section 2410p.--Section 2410p of title 10,
United States Code, is transferred to subchapter V of chapter 322,
as added by subsection (a), inserted after the table of sections,
and redesignated as section 4292.
(2) Transfer of section 2436.--Section 2436 of such title is
transferred to chapter 322 of such title, inserted after section
4292, as added by paragraph (1), and redesignated as section 4293.
SEC. 1848. LIFE-CYCLE AND SUSTAINMENT.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 322, as added by the preceding section, the
following new chapter:
``CHAPTER 323--LIFE-CYCLE AND SUSTAINMENT
``Sec.
``4321. Development of major defense acquisition programs: sustainment
of system to be replaced.
``4322. [Reserved].
``4323. Sustainment reviews.
``4324. Major systems: life-cycle management and product support.
``4325. Major weapon systems: assessment, management, and control of
operating and support costs.
``4326. [Reserved].
``4327. [Reserved].
``4328. Weapon system design: sustainment factors.''.
(b) Transfer of Section 2437.--Section 2437 of title 10, United
States Code, is transferred to chapter 323 of such title, as added by
subsection (a), inserted after the table of sections at the beginning,
and redesignated as section 4321.
(c) Transfer of Section 2441.--Section 2441 of title 10, United
States Code, is transferred to chapter 323 of such title, as added by
subsection (a), inserted after section 4321, as transferred and
redesignated by subsection (b), redesignated as section 4323, and
amended by striking ``sections 2337 and 2337a'' in subsection (c) and
inserting ``sections 4324 and 4325''.
(d) Transfer of Sections 2337 and 2337a.--
(1) Transfer.--Sections 2337 and 2337a of title 10, United
States Code, are transferred to chapter 323 of such title, as added
by subsection (a), inserted (in that order) after section 4323, as
transferred and redesignated by subsection (c), and redesignated as
sections 4324 and 4325, respectively.
(2) Amendment to transferred section 4324.--Section 4324 of
title 10, United States Code, as transferred and redesignated by
paragraph (1), is amended by striking ``section 2302d(a)'' in
subsection (c)(5) and inserting ``section 3041(c)(1)''.
(3) Amendments to transferred section 4325.--
(A) Section 4325 of such title, as transferred and
redesignated by paragraph (1), is amended--
(i) in subsection (b)(1), by striking ``section 2337''
and inserting ``section 4324''; and
(ii) in subsection (d), by striking ``section 2379(f)''
and inserting ``section 3455(f)''.
(B) The heading of such section is amended to read as
follows:
``Sec. 4325. Major weapon systems: assessment, management, and control
of operating and support costs''.
(e) Transfer of Section 2443.--
(1) Section 2443 of title 10, United States Code, is
transferred to chapter 323, as added by subsection (a), inserted
after section 4235, as transferred and redesignated by subsection
(d), and redesignated as section 4328.
(2) The heading of such section is amended to read as follows:
``Sec. 4328. Weapon system design: sustainment factors''.
SEC. 1849. PROGRAM STATUS-SELECTED ACQUISITION REPORTS.
(a) Restatement of Section 2432.--Part V of subtitle A of title 10,
United States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), is amended by inserting after chapter 323, as added by the
preceding section, the following new chapter:
``CHAPTER 324--PROGRAM STATUS-SELECTED ACQUISITION REPORTS
``Sec.
``4350. Selected acquisition reports: termination.
``4351. Selected acquisition reports: definitions.
``4352. Selected acquisition reports: requirement for quarterly reports.
``4353. Selected acquisition reports for 1st quarter of a fiscal year:
comprehensive annual report.
``4354. Selected acquisition reports for 2d, 3d, and 4th quarters.
``4355. Selected acquisition reports: quarterly SAR report content.
``4356. Selected acquisition reports: time for submission to Congress;
form of report.
``4357. Selected acquisition reports: termination of requirements with
respect to a program or subprogram.
``4358. Selected acquisition reports: when total program reporting
begins; limited reports before approval to proceed to system
development and demonstration.
``Sec. 4350. Selected acquisition reports: termination
``Sec. 4351. Selected acquisition reports: definitions
``Sec. 4352. Selected acquisition reports: requirement for quarterly
reports
``Sec. 4353. Selected acquisition reports for 1st quarter of a fiscal
year: comprehensive annual report
``Sec. 4354. Selected acquisition reports for 2d, 3d, and 4th quarters
``Sec. 4355. Selected acquisition reports: quarterly SAR report content
``Sec. 4356. Selected acquisition reports: time for submission to
Congress; form of report
``Sec. 4357. Selected acquisition reports: termination of requirements
with respect to a program or subprogram
``Sec. 4358. Selected acquisition reports: when total program reporting
begins; limited reports before approval to proceed to system
development and demonstration''.
(b) Transfer of Subsection (j) of Section 2432.--Subsection (j) of
section 2432 of title 10, United States Code, is transferred to section
4350 of such title, as added by subsection (a), inserted after the
section heading, and amended--
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ``this section'' and inserting ``this
chapter''.
(c) Transfer of Subsection (a) of Section 2432.--Subsection (a) of
section 2432 of title 10, United States Code, is transferred to section
4351 of such title, as added by subsection (a), inserted after the
section heading, and amended--
(1) by striking the subsection designation;
(2) in paragraph (1), by inserting ``Program acquisition unit
cost.--'' after ``(1)'';
(3) in paragraph (2), by inserting ``Procurement unit cost.--''
after ``(2)'';
(4) in paragraph (3), by inserting ``Major contract.--'' after
``(3)'' ; and
(5) in paragraph (4), by inserting ``Full life-cycle cost.--''
after ``(4)''.
(d) Transfer of Subsection (b) of Section 2432.--
(1) Transfer.--Subsection (b) of section 2432 of title 10,
United States Code, is transferred to section 4352 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) Revisions to new 4352(a).--Subsection (a) of such section
4352, as redesignated by paragraph (1)(B), is amended--
(A) by striking ``The Secretary'' and inserting ``In
General.--
``(1) The Secretary'';
(B) by striking ``a report on'' and all that follows in the
first sentence and inserting ``a report on--
``(A) current major defense acquisition programs; and
``(B) any program that is estimated by the Secretary of
Defense to require--
``(i) an eventual total expenditure for research,
development, test, and evaluation of more than $300,000,000
(based on fiscal year 1990 constant dollars); or
``(ii) an eventual total expenditure for procurement,
including all planned increments or spirals, of more than
$1,800,000,000 (based on fiscal year 1990 constant
dollars).'';
(C) by designating the second and third sentences as
paragraphs (2) and (3), respectively, and realigning those
paragraphs 2 ems from the left margin;
(D) in paragraph (2), as so designated, by striking
``paragraphs (2) and (3)'' and inserting ``subsections (b) and
(c)'' ; and
(E) in paragraph (3), as so designated, by striking ``this
section'' and inserting ``this chapter''.
(3) Revisions to new 4352(b).--Subsection (b) of such section
4352, as redesignated by paragraph (1)(B), is amended--
(A) by inserting ``Reports Not Required for 2d, 3d, and 4th
Quarters for Certain Programs.--'' before ``A status report'';
and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(4) Revisions to new 4352(c).--Subsection (c) of such section
4352, as redesignated by paragraph (1)(B), is amended--
(A) by striking ``(A) The Secretary'' and inserting
``Secretary of Defense Waiver Authority.--
``(1) Authority.--The Secretary'';
(B) by redesignating subparagraph (B) as paragraph (2) and
realigning that paragraph 2 ems from the left margin;
(C) by redesignating clauses (i), (ii), and (iii) of
paragraph (1), as designated by the amendment made by
subparagraph (A), as subparagraphs (A), (B), and (C),
respectively, and realigning those subparagraphs 4 ems from the
left margin; and
(D) in paragraph (2), as redesignated by subparagraph (B)--
(i) by inserting ``Notification to congressional
committees.--'' before ``The Secretary shall''; and
(ii) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''.
(e) Transfer of Subsection (c) of Section 2432.--
(1) Transfer.--Subsection (c) of section 2432 of title 10,
United States Code, is transferred to section 4353 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), (3), and (4) as
subsections (a), (b), (c), and (d), respectively.
(2) Revisions to new 4353(a).--Subsection (a) of such section
4353, as redesignated by paragraph (1)(B), is amended as follows:
(A) Subsection heading.--Such subsection is amended by
inserting ``Content of Sar Submitted for First Quarter.--''
before ``Each Selected Acquisition Report for''.
(B) Internal redesignations.--Such subsection is further
amended--
(i) by redesignating subparagraphs (A) through (H) as
paragraphs (1) through (8), respectively; and
(ii) by redesignating clauses (i) through (iv) of
paragraph (2), as so redesignated, as subparagraphs (A)
through (D), respectively.
(C) Revision of list format.--Such subsection is further
amended--
(i) by striking ``for a fiscal year shall include--''
in the matter preceding such paragraph (1), as so
redesignated, and inserting ``for a fiscal year shall
include the following:'';
(ii) in each of such paragraphs (1) through (8), as so
redesignated, by capitalizing the first letter of the first
word after the paragraph designation;
(iii) in each of such paragraphs (1) through (6), as so
redesignated, by striking the semicolon at the end and
inserting a period; and
(iv) by striking ``; and'' at the end of paragraph (7),
as so redesignated, and inserting a period.
(D) Conforming cross-reference amendments.--Such subsection
is further amended--
(i) by striking ``section 2431'' in paragraph (1), as
so redesignated, and inserting ``section 4205'';
(ii) by striking ``section 2433(a)(2)'' in paragraph
(2)(A), as so redesignated, and inserting ``section
4371(a)(4)'';
(iii) by striking ``section 2435(d)(1)'' in paragraph
(2)(B), as so redesignated, and inserting ``section
4214(d)(1)'';
(iv) by striking ``section 2435(d)(2)'' in paragraph
(2)(C), as so redesignated, and inserting ``section
4214(d)(2)'';
(v) by striking ``section 2432(e)(4)'' in paragraph
(2)(D), as so redesignated, and inserting ``section
4355(4)''; and
(vi) by striking ``section 2446a'' in paragraph (7), as
so redesignated, and inserting ``section 4401''.
(3) Revisions to new 4353(b).--Subsection (b) of such section
4353, as redesignated by paragraph (1)(B), is amended--
(A) by striking ``Each Selected'' and inserting
``Congressional Committees.--
``(1) Information needed by congressional committees.--Each
Selected''; and
(B) by designating the text after the first sentence as
paragraph (2), aligning that paragraph 2 ems from the left
margin, and inserting ``Notification to congressional
committees of proposed changes.--'' before ``Whenever the
Secretary''.
(4) Revisions to new 4353(c).--Subsection (c) of such section
4353, as redesignated by paragraph (1)(B), is amended--
(A) by inserting ``Life-cycle Cost Analyses.--'' before
``In addition to'';
(B) by striking ``paragraphs (1) and (2)''; and inserting
``subsections (a) and (b)'', and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(5) Revision to new 4353(d).--Subsection (d) of such section
4353, as redesignated by paragraph (1)(B), is amended by inserting
``Reference to 1st Quarter Sar as Comprehensive Annual Sar.--''
before ``Selected Acquisition Reports''.
(f) Transfer of Subsection (d) of Section 2432.--
(1) Transfer.--Subsection (d) of section 2432 of title 10,
United States Code, is transferred to section 4354 of such title,
as added by subsection (a), inserted after the section heading, and
amended by striking the subsection designation.
(2) Conforming amendments and subsection headings.--Such
section is amended--
(A) by redesignating paragraphs (1) and (2) as subsections
(a) and (b), respectively;
(B) in subsection (a), as so redesignated--
(i) by inserting ``Contingent Required Content.--''
before ``Each Selected Acquisition Report'';
(ii) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(iii) in paragraph (1), as so redesignated, by striking
``subsection (e)'' and inserting ``section 4355 of this
title''; and
(iv) in paragraph (2), as so redesignated, by striking
``subsection (c)'' and inserting ``section 4353 of this
title''; and
(C) in subsection (b), as so redesignated, by inserting
``Reference to 2d, 3d, and 4th Quarters SARS as Quarterly
SARS.--'' before ``Selected Acquisition Reports for''.
(g) Transfer of Subsection (e) of Section 2432.--Subsection (e) of
section 2432 of title 10, United States Code, is transferred to section
4355 of such title, as added by subsection (a), inserted after the
section heading, and amended by striking the subsection designation.
(h) Transfer of Subsection (f) of Section 2432.--
(1) Transfer.--Subsection (f) of section 2432 of title 10,
United States Code, is transferred to section 4356 of such title,
as added by subsection (a), inserted after the section heading, and
redesignated as subsection (a).
(2) Subsection heading.--Such subsection is amended by
inserting ``Time for Submission.--'' before ``Each comprehensive''.
(i) Transfer of Subsection (i) of Section 2432.--Subsection (i) of
section 2432 of title 10, United States Code, is transferred to section
4356 of such title, as added by subsection (a), inserted after
subsection (a), as transferred and redesignated by subsection (h)(1),
redesignated as subsection (b), and amended by striking ``under this
section'' and inserting ``under this chapter''.
(j) Transfer of Subsection (g) of Section 2432.--Subsection (g) of
section 2432 of title 10, United States Code, is transferred to section
4357 of such title, as added by subsection (a), inserted after the
section heading, and amended--
(1) by striking the subsection designation; and
(2) by striking ``of this section'' and inserting ``of this
chapter''.
(k) Transfer of Subsection (h) of Section 2432.--
(1) Transfer.--Subsection (h) of section 2432 of title 10,
United States Code, is transferred to section 4358 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) Revisions to new 4358(a).--Subsection (a) of such section
4358, as redesignated by paragraph (1)(B), is amended--
(A) by striking ``Total program reporting under this
section'' and inserting ``In General.--
``(1) Commencement of total program reporting.--Total program
reporting under this chapter''; and
(B) by designating the second sentence as paragraph (2) and
in that paragraph--
(i) by inserting ``Limited reports.--'' before
``Reporting may be'';
(ii) by striking ``paragraph (2)'' and inserting
``subsection (b)'';
(iii) by striking ``under this subsection'' and
inserting ``under this section''; and
(iv) by striking ``under this section.'' and inserting
``under this chapter.''.
(3) Revisions to new 4358(b).--Subsection (b) of such section
4358, as redesignated by paragraph (1)(B), is amended--
(A) by inserting ``Content of Limited Reports.--'' before
``A limited report'';
(B) by striking ``under this subsection'' and inserting
``under this section'';
(C) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively; and
(D) in paragraph (1), as so redesignated, by striking
``section 2431'' and inserting ``section 4205''.
(4) Revisions to new 4358(c).--Subsection (c) of such section
4358, as redesignated by paragraph (1)(B), is amended--
(A) by inserting ``Submission of Limited Reports.--''
before ``The submission requirements''; and
(B) by striking ``under this subsection'' and inserting
``under this section''.
(l) Conforming Amendments.--Section 2432 of title 10, United States
Code, is repealed.
(m) Conforming Cross-reference Amendments.--Sections 1734(c)(2) and
8671(b)(2) of title 10, United States Code, are amended by striking
``section 2432'' and inserting ``chapter 324''.
SEC. 1850. COST GROWTH--UNIT COST REPORTS (NUNN-MCCURDY).
(a) Restatement of Sections 2433 and 2433a.--Part V of subtitle A
of title 10, United States Code, as added by section 801 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended by inserting after chapter 324, as added by
the preceding section, the following new chapter:
``CHAPTER 325--COST GROWTH--UNIT COST REPORTS (NUNN-MCCURDY)
``Sec.
``4371. Cost growth definitions; applicability of reporting
requirements; constant base year dollars.
``4372. Unit cost reports: quarterly report from program manager to
service acquisition executive.
``4373. Unit cost reports: immediate report from program manager to
service acquisition executive upon breach of significant cost
growth threshold.
``4374. Unit cost reports: determinations by service acquisition
executive and secretary concerned of breach of significant
cost growth threshold or critical cost growth threshold;
reports to Congress.
``4375. Breach of significant cost growth threshold or critical cost
growth threshold: required action.
``4376. Breach of critical cost growth threshold: reassessment of
program; presumption of program termination.
``4377. Breach of critical cost growth threshold: actions if program not
terminated.
``Sec. 4371. Cost growth definitions; applicability of reporting
requirements; constant base year dollars
``Sec. 4372. Unit cost reports: quarterly report from program manager
to service acquisition executive
``Sec. 4373. Unit cost reports: immediate report from program manager
to service acquisition executive upon breach of significant cost
growth threshold
``Sec. 4374. Unit cost reports: determinations by service acquisition
executive and secretary concerned of breach of significant cost
growth threshold or critical cost growth threshold; reports to
Congress
``Sec. 4375. Breach of significant cost growth threshold or critical
cost growth threshold: required action
``Sec. 4376. Breach of critical cost growth threshold: reassessment of
program; presumption of program termination
``Sec. 4377. Breach of critical cost growth threshold: actions if
program not terminated''.
(b) Transfer of Subsection (a) of Section 2433.--
(1) Transfer.--Subsection (a) of section 2433 of title 10,
United States Code, is transferred to section 4371 of such title,
as added by subsection (a), inserted after the section heading, and
amended by striking ``this section'' in the matter preceding
paragraph (1) and in paragraph (2) and inserting ``this chapter''.
(2) Insertion of side headings.--Such subsection is further
amended--
(A) in the matter preceding paragraph (1), by inserting
``Definitions.--'' after ``(a)'';
(B) in paragraph (1), by inserting ``Program acquisition
unit cost; procurement unit cost; major contract.--'' after
``(1)'';
(C) in paragraph (2), by inserting ``Baseline estimate.--''
after ``(2)'';
(D) in paragraph (3), by inserting ``Procurement program.--
'' after ``(3)'';
(E) in paragraph (4), by inserting ``Significant cost
growth threshold.--'' after ``(4)'';
(F) in paragraph (5), by inserting ``Critical cost growth
threshold.--'' after ``(5)''; and
(G) in paragraph (6), by inserting ``Original baseline
estimate.--'' after ``(6)''.
(3) Conforming cross-reference amendments.--Such subsection is
further amended--
(A) in paragraph (1)--
(i) by striking ``section 2430a(d)'' and inserting
``section 4203(d)''; and
(ii) by striking ``section 2432(a)'' and inserting
``section 4351'';
(B) in paragraph (2), by striking ``section 2435'' and
inserting ``section 4214''; and
(C) in paragraph (6), by striking ``section 2435(d)'' and
inserting ``section 4214(d)''.
(4) Revision of order of paragraphs.--Such subsection is
further amended--
(A) by redesignating paragraphs (2), (3), (4), (5), and (6)
as paragraphs (4), (6), (2), (3), and (5), respectively; and
(B) by revising the order of those paragraphs within that
section so they appear in the numeric order of their respective
paragraph designations, as redesignated by paragraph (A).
(c) Transfer of Subsection (h) of Section 2433.--Subsection (h) of
section 2433 of title 10, United States Code, is transferred to section
4371 of such title, as added by subsection (a), inserted after
subsection (a), as transferred and redesignated by subsection (b)(1),
redesignated as subsection (b), and amended--
(1) by striking ``under this section'' and inserting ``under
this chapter''; and
(2) by striking ``section 2432(h)'' and inserting ``section
4358''.
(d) Transfer of Subsection (f) of Section 2433.--Subsection (f) of
section 2433 of title 10, United States Code, is transferred to section
4371 of such title, as added by subsection (a), inserted after
subsection (b), as transferred and redesignated by subsection (c),
redesignated as subsection (c), and amended--
(1) by striking ``under this section'' and inserting ``under
this chapter''; and
(2) by striking ``section 2430'' and inserting ``section
4202''.
(e) Transfer of Subsection (b) of Section 2433.--
(1) Transfer.--Subsection (b) of section 2433 of title 10,
United States Code, is transferred to section 4372 of such title,
as added by subsection (a), inserted after the section heading, and
redesignated as subsection (a).
(2) Designation of new subsection (b).--Such section 4372, as
redesignated by paragraph (1), is amended by designating the third
sentence as subsection (b) and inserting ``Matter to Be Included in
Unit Cost Reports.--'' therein before ``The program manager
shall''.
(3) Designation of new paragraphs (1) and (2).--Subsection (a)
of such section, as redesignated by paragraph (1), is amended--
(A) by striking ``The program manager for'' and inserting
``Required Reports.--
``(1) Requirement.--The program manager for''; and
(B) by designating the second sentence as paragraph (2) and
inserting ``Time for submittal.--'' before ``Each report''.
(4) Conforming cross-reference amendments.--Such section is
further amended--
(A) in paragraph (1) of subsection (a), as designated by
paragraph (3)(A), by striking ``section 2432(b)(3)'' and
inserting ``section 4352(c)''; and
(B) in paragraph (4) of subsection (b), as designated by
paragraph (2), by striking ``section 2435'' and inserting
``section 4214''.
(f) Transfer of Subsection (c) of Section 2433.--Subsection (c) of
section 2433 of title 10, United States Code, is transferred to section
4373 of such title, as added by subsection (a), inserted after the
section heading, and amended--
(1) by striking the subsection designation; and
(2) by striking ``subsection (b)'' both places it appears and
inserting ``section 4372 of this title''.
(g) Transfer of Subsection (d) of Section 2433.--
(1) Transfer.--Subsection (d) of section 2433 of title 10,
United States Code, is transferred to section 4374 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) Revision to new 4374(a).--Subsection (a) of such section,
as so redesignated, is amended--
(A) by inserting ``Determination of Breach by Service
Acquisition Executive.--'' before ``When a''; and
(B) by striking ``under this section'' and inserting
``under this chapter''.
(3) Revision to new 4374(b).--Subsection (b) of such section,
as so redesignated, is amended--
(A) by inserting ``Additional Determination by Service
Acquisition Executive When Program or Subprogram Is a
Procurement Program.--'' before ``When a'';
(B) by striking ``under this section'' and inserting
``under this chapter''; and
(C) by striking ``paragraph (1)'' and inserting
``subsection (a)''.
(4) Revision to new 4374(c).--Subsection (c) of such section,
as so redesignated, is amended--
(A) by striking ``If, based upon'' and inserting
``Determination of Breach by Secretary Concerned; Notification
to Congress.--
``(1) In general.--If, based upon'';
(B) by designating the second sentence as paragraph (2) and
the fourth sentence as paragraph (3);
(C) in paragraph (2), as so designated--
(i) by inserting ``Time for submission of notification
to congress.--'' before ``In the case of'' the first place
it appears;
(ii) by striking ``subsection (b)'' and inserting
``section 4372 of this title''; and
(iii) by striking ``subsection (c)'' and inserting
``section 4373 of this title''; and
(D) in paragraph (3), as so designated, by inserting
``Inclusion of date of determination.--'' before ``The
Secretary shall''.
(h) Transfer of Subsection (e) of Section 2433.--
(1) Transfer.--Subsection (e) of section 2433 of title 10,
United States Code, is transferred to section 4375 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) Revision to new 4375(a).--Subsection (a) of such section,
as so redesignated, is amended--
(A) by striking ``(A) Except as provided in subparagraph
(B),'' and inserting ``Breach of significant cost growth
threshold; submission of a selected acquisition report.--
``(1) General rule.--Except as provided in paragraph (2),'';
(B) by redesignating subparagraph (B) as paragraph (2);
(C) in paragraph (1), as so designated--
(i) by striking ``under subsection (d)'' and inserting
``under section 4374 of this title''; and
(ii) by striking ``section 2432(e)'' and ``section
2432(f)'' and inserting ``section 4355'' and ``section
4356'', respectively; and
(D) in paragraph (2), as so designated--
(i) by striking ``subparagraph (A)'' both places it
appears and inserting ``paragraph (1)''; and
(ii) by striking ``subsection (g)'' and inserting
``subsection (d)''.
(3) Revision to new 4375(b).--Subsection (b) of such section,
as so redesignated, is amended--
(A) by inserting ``Breach of Critical Cost Growth
Threshold.--'' before ``If the program'';
(B) by striking ``subsection (d)'' and inserting ``section
4374 of this title''; and
(C) by striking ``section 2433a'' and inserting ``sections
4376 and 4377''.
(4) Revision to new 4375(c).--Subsection (c) of such section,
as so redesignated, is amended--
(A) by striking ``If a determination'' and inserting
``Prohibition on Obligation of Funds for Certain Purposes When
Required Action Not Taken.--
``(1) Prohibition.--If a determination'';
(B) by designating the second sentence as paragraph (2);
(C) in paragraph (1), as so designated--
(i) by striking ``subsection (d)'' both places it
appears and inserting ``section 4374 of this title'';
(ii) by striking ``subsection (g)'' and inserting
``subsection (d)''.
(iii) by striking ``paragraph (1)'' and inserting
``subsection (a)''; and
(iv) by striking ``paragraph (2)'' and inserting
``subsection (b)''; and
(D) in paragraph (2), as so designated--
(i) by striking ``The prohibition'' and inserting
``Termination of prohibition.--The prohibition under
paragraph (1)'';
(ii) in subparagraph (A)--
(I) by striking ``paragraph (1) or (2)(B)'' and
inserting ``subsection (a) or (b)(2)''; and
(II) by striking ``subsection (d)'' and inserting
``section 4374 of this title''; and
(iii) in subparagraph (B)--
(I) by striking ``paragraph (1) or (2)(B)'' and
inserting ``subsection (a) or (b)(2)'';
(II) by striking ``paragraph (2)(A)'' and inserting
``subsection (b)(1)''; and
(III) by striking ``subsection (d)'' and inserting
``section 4374 of this title''.
(i) Transfer of Subsection (g) of Section 2433.--
(1) Transfer.--Subsection (g) of section 2433 of title 10,
United States Code, is transferred to section 4375 of such title,
as added by subsection (a), inserted after subsection (c), as
transferred and amended by subsection (h), and amended--
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1) and (2) as subsections
(d) and (e), respectively.
(2) Revision to new 4375(d).--Subsection (d) of such section
4375, as so redesignated, is amended--
(A) by striking ``Except as provided in paragraph (2), each
report under subsection (e)'' and inserting ``Matter to Be
Included in Reports.--Except as provided in subsection (e),
each report under this section'';
(B) by redesignating subparagraphs (A) through (Q) as
paragraphs (1) through (17), respectively;
(C) in paragraph (9), as so redesignated, by striking
``section 2435'' and inserting ``section 4214''; and
(D) in paragraph (16), as so redesignated, by redesignating
clauses (i) through (vi) as subparagraphs (A) through (F),
respectively.
(3) Revision to new 4375(e).--Subsection (e) of such section
4375, as so redesignated, is amended--
(A) by striking ``If a program acquisition unit cost'' and
inserting ``Breach Due to Termination or Cancellation of
Program or Subprogram.--
``(1) Limited reporting.--If a program acquisition unit cost'';
(B) by striking ``clauses (A) through (F) of paragraph
(1)'' and inserting ``paragraphs (1) through (6) of subsection
(d)'';
(C) by designating the second sentence as paragraph (2);
and
(D) in paragraph (2), as so designated--
(i) by inserting ``Certification not required.--''
before ``The certification''; and
(ii) by striking ``subsection (e)'' and inserting
``subsection (b)''.
(j) Transfer of Subsection (a), (b), and (d) of Section 2433a.--
(1) Transfer of subsections (a) and (b).--Subsection (a) and
(b) of section 2433a of title 10, United States Code, are
transferred to section 4376 of such title, as added by subsection
(a), and inserted after the section heading.
(2) Transfer and redesignation of subsection (d).--Subsection
(d) of section 2433a of such title is transferred to such section
4376, inserted after subsection (b), as transferred by paragraph
(1), and redesignated as subsection (c).
(3) Conforming cross-reference amendments.--Such section 4376
is amended--
(A) in subsection (a), by striking ``section 2433(d)'' and
inserting ``section 4374''; and
(B) in subsection (b)(1)--
(i) by striking ``section 2433(g)'' and inserting
``section 4375(d) and (e)''; and
(ii) by striking ``section 2432(f)'' and inserting
``section 4356(a)''.
(4) Headings and format in subsection (b).--Subsection (b) of
such section 4376 is amended--
(A) by striking ``Termination.--(1) After conducting'' and
inserting ``Termination.--
``(1) Termination unless secretary submits certification and
report.--After conducting'';
(B) by realigning paragraphs (2) and (3) 2 ems from the
left margin;
(C) in paragraph (2), by inserting ``Certification.--''
after ``(2)''; and
(D) in paragraph (3), by inserting ``Report.--'' after
``(3)''.
(k) Transfer of Subsection (c) of Section 2433a.--
(1) Transfer.--Subsection (c) of section 2433a of title 10,
United States Code, is transferred to section 4377 of such title,
as added by subsection (a), inserted after the section heading, and
redesignated as subsection (a).
(2) Redesignations.--Paragraphs (2) and (3) of such section
4377 are redesignated as subsections (b) and (c), respectively.
(3) Revision to new section 4377(a).--Subsection (a) of such
section, as redesignated by paragraph (1), is amended--
(A) by striking ``(1)'' before ``If the Secretary'';
(B) by inserting ``of section 4376 of this title'' after
``subsection (b)'';
(C) by redesignating subparagraphs (A), (B), (C), (D), and
(E) as paragraphs (1), (2), (3), (4), and (5), respectively;
(D) in paragraph (1), as so redesignated, by inserting ``of
that section'' after ``subsection (a)'' and after ``subsection
(b)(2)(E)'';
(E) in paragraph (2), as so redesignated, by striking
``section 2366a or 2366b'' and inserting ``section 4251 or
4252''; and
(F) in paragraph (4), as so redesignated, by striking
``paragraph (2)'' and inserting ``subsection (b)''.
(4) Revision to new section 4377(b).--Subsection (b) of such
section, as redesignated by paragraph (2), is amended--
(A) by inserting ``Identification of Report for Description
of Funding Changes.--'' before ``For purposes of'';
(B) by striking ``paragraph (1)(D)'' and inserting
``subsection (a)(4)'';
(C) by striking ``in this paragraph'' and inserting ``in
this subsection''; and
(D) by striking ``section 2432'' and inserting ``section
4352''.
(5) Redesignations and headings in new section 4377(c).--
Subsection (c) of such section, as redesignated by paragraph (2),
is amended--
(A) by striking ``(A) The requirements of subparagraphs
(B), (C), and (E) of paragraph (1)'' and inserting
``Inapplicability of Certain Subsection (a) Requirements.--
``(1) Conditions for inapplicability.--The requirements of
paragraphs (2), (3), and (5) of subsection (a)''; and
(B) by redesignating subparagraph (B) as paragraph (2) and
inserting ``Cost growth thresholds.--'' therein before ``The
cost growth thresholds''.
(6) Revisions to new 4377(c)(1).--Paragraph (1) of such section
4377(c), as so designated, is amended--
(A) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively;
(B) by redesignating subclauses (I) and (II) of each of
subparagraphs (A) and (C) as clauses (i) and (ii),
respectively;
(C) in subparagraph (A), as so redesignated--
(i) in the matter preceding clause (i), as so
redesignated, by striking ``pursuant to subsection (a)''
and inserting ``pursuant to section 4376(a) of this
title'';
(ii) in clause (i), as so redesignated, by striking
``subparagraph (B)'' and inserting ``paragraph (2)''; and
(iii) in clause (ii), as so redesignated, by striking
``subclause (I)'' and inserting ``clause (i)''; and
(D) in subparagraph (C), as so redesignated--
(i) in the matter preceding clause (i), as so
redesignated--
(I) by striking ``section 2433(g)'' and inserting
``subsections (d) and (e) of section 4375''; and
(II) by striking ``section 2432(f)'' and inserting
``section 4356'';
(ii) in clause (i), as so redesignated, by striking
``clause (i)'' and inserting ``subparagraph (A)''; and
(iii) in clause (ii), as so redesignated, by striking
``clause (ii)'' and inserting ``subparagraph (B)''.
(7) Revisions to new 4377(c)(2).--Paragraph (2) of such section
4377(c), as so designated, is amended--
(A) in the matter preceding clause (i), by striking ``this
subparagraph'' and inserting ``this paragraph'';
(B) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and
(C) by redesignating subclauses (I) and (II) of each of
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively.
(l) Conforming Repeals.--Sections 2433 and 2433a of title 10,
United States Code, are repealed.
(m) Cross Reference.--Section 181(b)(6) of title 10, United States
Code, is amended by striking ``2433(e)(2)'' and inserting ``4375(b)''.
SEC. 1851. WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by inserting after chapter 325, as added by the preceding section, the
following new chapter:
``CHAPTER 327--WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS
``Subchapter
Sec.
``I. Modular Open System Approach in Development of Weapon Systems 4401
``II. Development, Prototyping, and Deployment of Weapon System
Components or Technology.......................................... 4421
``SUBCHAPTER I--MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF WEAPON
SYSTEMS
``Sec.
``4401. Requirement for modular open system approach in major defense
acquisition programs; definitions.
``4402. Requirement to address modular open system approach in program
capabilities development and acquisition weapon system design.
``4403. Requirements relating to availability of major system interfaces
and support for modular open system approach.
``SUBCHAPTER II--DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON
SYSTEM COMPONENTS OR TECHNOLOGY
``Sec.
``4421. Weapon system component or technology prototype projects:
display of budget information.
``4422. Weapon system component or technology prototype projects:
oversight.
``4423. Requirements and limitations for weapon system component or
technology prototype projects.
``4424. Mechanisms to speed deployment of successful weapon system
component or technology prototypes.
``4425. Definition of weapon system component.''.
(b) Transfer of Sections of Subchapter I of Chapter 144b.--
(1) Transfer.--Sections 2446a, 2446b, and 2446c of chapter 144B
of title 10, United States Code, are transferred to chapter 327, as
added by subsection (a), inserted (in that order) after the table
of sections at the beginning of subchapter I, and redesignated as
sections 4401, 4402, and 4403, respectively.
(2) Conforming cross-reference amendments to section 4401.--
Section 4401 of title 10, United States Code, as so transferred and
redesignated, is amended--
(A) in subsection (b)(1)(D), by striking ``section 2320''
and inserting ``sections 3771 through 3775'';
(B) in subsection (b)(6), by striking ``section 2448a(a)''
and inserting ``section 4271(a)'';
(C) in subsection (b)(7), by striking ``section 2430'' and
inserting ``section 4201''; and
(D) in subsection (b)(8), by striking ``section 2379(f)''
and inserting ``section 3455(f)''.
(3) Conforming cross-reference amendments to section 4402.--
Section 4402 of such title, as so transferred and redesignated, is
amended--
(A) in subsection (c), by striking ``section 2431a'' and
inserting ``section 4211''; and
(B) in subsection (e), by striking ``section 2366b'' and
inserting ``section 4252''.
(c) Transfer of Sections of Subchapter Ii of Chapter 144b.--
(1) Transfer.--Sections 2447a, 2447b, 2447c, 2447d, and 2447e
of chapter 144B of title 10, United States Code, are transferred to
chapter 327, as added by subsection (a), inserted (in that order)
after the table of sections at the beginning of subchapter II, and
redesignated as sections 4421, 4422, 4423, 4424, and 4425,
respectively.
(2) Conforming cross-reference amendments to section 4422.--
Section 4422 of such title, as so transferred and redesignated, is
amended by striking ``section 2447c'' in subsection (c)(3) and
inserting ``section 4423''.
(3) Conforming cross-reference amendments to section 4423.--
Section 4423 of such title, as so transferred and redesignated, is
amended--
(A) in subsection (b), by striking ``section 2447b'' and
inserting ``section 4422''; and
(B) in subsection (e), by striking ``section 2371b'' and
inserting ``section 4003''.
(4) Conforming cross-reference amendments to section 4424.--
Section 4424 of such title, as so transferred and redesignated, is
amended by striking ``section 2304'' in subsection (a) and
inserting ``sections 3201 through 3205''.
(5) Conforming cross-reference amendments to section 4425.--
Section 4425 of such title, as so transferred and redesignated, is
amended by striking ``section 2446a'' and inserting ``section
4401''.
(d) Conforming Amendments.--
(1) Repeal of chapter 144b.--Chapter 144B of title 10, United
States Code, is repealed.
(2) Clerical amendments.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part IV of
subtitle A, of title 10, United States Code, are amended by
striking the item relating to chapter 144B.
Subtitle G--Other Special Categories of Contracting
SEC. 1856. ACQUISITION OF SERVICES GENERALLY.
(a) Tables of Chapters Amendments.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of subtitle A
(as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)), of title
10, United States Code, are amended by striking the items relating to
chapters 341 and 343 and inserting the following:
``341. Acquisition of Services Generally.......................... 4501
``343. Acquisition of Services of Contractors Performing Private
Security Functions...............................................4541''.
(b) New Chapter 341.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), is
amended by striking chapters 341 and 343 and inserting the following:
``CHAPTER 341--ACQUISITION OF SERVICES GENERALLY
``Sec.
``4501. Procurement of contract services: management structure.
``4502. Procurement of contract services: senior officials responsible
for management of acquisition of contract services.
``4503. [Reserved].
``4504. [Reserved].
``4505. Procurement of services: tracking of purchases.
``4506. Procurement of services: data analysis and requirements
validation.
``4507. Procurement of services: contracts for professional and
technical services.
``4508. Contractor performance of acquisition functions closely
associated with inherently governmental functions.
``4509. Contracts for advisory and assistance services: cost comparison
studies.''.
(c) Transfer of Section 2330 of Title 10.--Section 2330 of title
10, United States Code, is transferred to chapter 341 of such title, as
amended by subsection (b), inserted after the table of sections, and
redesignated as section 4501.
(d) Designation of New Section 4502.--Such chapter is further
amended by inserting after paragraph (1) of subsection (a) of section
4501, as transferred and redesignated by subsection (c), the following:
``Sec. 4502. Procurement of contract services: senior officials
responsible for management of acquisition of contract services
``(a) Senior Officials.--The management structure implemented
pursuant to section 4501 of this title shall provide for the
following:''.
(e) Revision to Remaining Text of Section 4501.--Such section 4501
is amended--
(1) by striking ``for the following:'' and inserting ``for the
matters specified in subsections (b), (c), (d), and (e).'';
(2) by redesignating paragraph (1) as subsection (b) and
subparagraphs (B), (C), and (D) as subsections (c), (d), and (e),
respectively;
(3) in subsection (b), as so redesignated--
(A) by realigning the margin of the subsection 2 ems to the
left;
(B) by striking ``The Under'' and all that follows through
``develop and maintain'' and inserting ``Policies, Procedures,
and Best Practices Guidelines.--The management structure
implemented pursuant to subsection (a) shall provide that the
Under Secretary of Defense for Acquisition and Sustainment
shall develop and maintain'';
(C) by redesignating clauses (i) through (vi) as paragraphs
(1) through (6), respectively, and realigning the margin of
those paragraphs 2 ems to the left; and
(D) by striking the semicolon at the end of such paragraph
(6), as so redesignated, and inserting a period;
(4) in subsection (c), as redesignated by paragraph (2)--
(A) by realigning the margin of the subsection 4 ems to the
left;
(B) by striking ``work with'' and inserting ``Personnel and
Support.--The management structure implemented pursuant to
subsection (a) shall provide that the Under Secretary shall
work with'';
(C) by redesignating clauses (i) through (iii) as
paragraphs (1) through (3), respectively;
(D) by inserting ``and section 4502 of this title'' in
paragraph (3), as so redesignated, after ``under this
section''; and
(E) by striking the semicolon at the end and inserting a
period;
(5) in subsection (d), as redesignated by paragraph (2)--
(A) by realigning the margin of the subsection 4 ems to the
left;
(B) by striking ``establish contract'' and inserting
``Contract Services Acquisition Categories.--The management
structure implemented pursuant to subsection (a) shall provide
that the Under Secretary shall establish contract''; and
(C) by striking ``; and'' at the end and inserting a
period;
(6) in subsection (e), as redesignated by paragraph (2)--
(A) by realigning the margin of the subsection 4 ems to the
left;
(B) by striking ``oversee the'' and inserting ``Oversight
of Implementation.--The management structure implemented
pursuant to subsection (a) shall provide that the Under
Secretary shall oversee the'';
(C) by inserting ``and section 4502 of this title'' after
``of this section''; and
(D) by striking ``subparagraph (A)''and inserting
``subsection (b)''; and
(7) by adding at the end the following new subsection:
``(f) Contract Services.--In this section, the term `contract
services' has the meaning given that term in section 4502(d)(2) of this
title.''.
(f) Revision to Section 4502.--Section 4502 of such title, as
designated by subsection (d), is amended--
(1) by redesignating paragraphs (2) and (3) of subsection (a)
as paragraphs (1) and (2), respectively;
(2) in subsection (b)--
(A) in paragraph (1), by striking ``subsection (a)(1)(C)''
and inserting ``section 4501(d) of this title''; and
(B) in paragraph (2), by striking ``subsection (a)(1)'' and
inserting ``section 4501 of this title'';
(3) by redesignating subsection (c) as subsection (d);
(4) by redesignating paragraph (3) of subsection (b) as
subsection (c) and redesignating subparagraphs (A) through (F)
thereof as paragraphs (1) through (6), respectively; and
(5) in subsection (c), as so redesignated--
(A) in the matter preceding paragraph (1), by striking ``In
carrying out paragraph (1)'' and inserting ``Duties and
Responsibilities.--In carrying out subsection (b)(1),'';
(B) in paragraph (1), as so redesignated--
(i) by inserting ``and section 4501 of this title''
after ``of this section''; and
(ii) by striking ``subsection (a)(1)(A)'' and inserting
``section 4501(b) of this title''; and
(C) in paragraph (6), as so redesignated, by striking
``section 2330a'' and inserting ``section 4505''.
(g) Transfer of Sections 2330a, 2329, 2331, 2383, and 2410l of
Title 10.--Sections 2330a, 2329, 2331, 2383, and 2410l of title 10,
United States Code, are transferred to chapter 341 of such title,
inserted (in that order) after section 4502, as designated by
subsection (c), and redesignated as sections 4505, 4506, 4507, 4508,
and 4509, respectively.
(h) Conforming Cross-reference Amendment.--Subsection (h)(3) of
section 4505 of title 10, United States Code, as transferred and
redesignated by subsection (d), is amended by striking ``section
2383(b)(2)'' and inserting ``section 4508(b)(2)''.
(i) Conforming Amendment for Defined Term Applicable to Section.--
Subsection (b)(1) of section 4508 of title 10, United States Code, as
transferred and redesignated by subsection (g), is amended by striking
``has the meaning given in section 2302(1) of this title, except that
such term''.
(j) Placeholder for Chapter for Provisions Relating to Acquisition
of Services of Contractors Performing Private Security Functions.--Part
V of subtitle A of title 10, United States Code, as added by section
801 of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232), is amended by inserting after chapter
341, as added by this section, the following new chapter:
``CHAPTER 343--ACQUISITION OF SERVICES OF CONTRACTORS PERFORMING
PRIVATE SECURITY FUNCTIONS
``Subchapter
Sec.
``I. Contractors Performing Private Security Functions in Areas of
Combat Operations or Other Significant Military Operations........ 4541
``II. Standards and Certification for Private Security............ 4551
``SUBCHAPTER I--CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN
AREAS OF COMBAT OPERATIONS OR OTHER SIGNIFICANT MILITARY OPERATIONS
``Sec.
``4541. [Reserved].
``SUBCHAPTER II--STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY
CONTRACTORS
``Sec.
``4551. [Reserved].''.
SEC. 1857. ACQUISITION OF INFORMATION TECHNOLOGY.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 345 and inserting the following:
``CHAPTER 345--ACQUISITION OF INFORMATION TECHNOLOGY
``Sec.
``4571. Information technology acquisition: planning and oversight
processes.
``4572. [Reserved].
``4573. [Reserved].
``4574. [Reserved].
``4575. [Reserved].
``4576. Requirement for consideration of certain matters during
acquisition of noncommercial computer software.''.
(b) Transfer of Section 2223a.--
(1) Section 2223a of title 10, United States Code, is
transferred to chapter 345 of such title, as amended by subsection
(a), inserted after the table of sections, and redesignated as
section 4571.
(2) The heading of such section is amended to read as follows:
``Sec. 4571. Information technology acquisition: planning and oversight
processes''.
(c) Transfer of Section 2322a.--Section 2322a of title 10, United
States Code, is transferred to chapter 345 of such title, as amended by
subsection (a), inserted after section 4571, as added by subsection
(b), and redesignated as section 4576.
Subtitle H--Contract Management
SEC. 1861. CONTRACT ADMINISTRATION.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 361 and inserting the following:
``CHAPTER 361--CONTRACT ADMINISTRATION
``Sec.
``4601. Electronic submission and processing of claims for contract
payments.
``4602. Contracted property and services: prompt payment of vouchers.
``4603. Advance notification of contract performance outside the United
States.''.
(b) Transfer of Title 10 Sections.--Sections 2227, 2226, and 2410g
of title 10, United States Code, are transferred to chapter 361 of such
title, as amended by subsection (a), inserted (in that order) after the
table of sections at the beginning of such chapter, and redesignated as
section 4601, 4602, and 4603, respectively.
SEC. 1862. PROHIBITIONS AND PENALTIES.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 363 and inserting the following:
``CHAPTER 363--PROHIBITION AND PENALTIES
``Sec.
``4651. Expenditure of appropriations: limitation.
``4652. Prohibition on use of funds for documenting economic or
employment impact of certain acquisition programs.
``4653. Prohibition on use of funds to relieve economic dislocations.
``4654. Prohibition on doing business with certain offerors or
contractors.
``4655. Prohibition of contractors limiting subcontractor sales directly
to the United States.
``4656. Prohibition on persons convicted of defense-contract related
felonies and related criminal penalty on defense contractors.
``4657. Prohibition on criminal history inquiries by contractors prior
to conditional offer.
``4658. Debarment of persons convicted of fraudulent use of `Made in
America' labels.
``4659. Prohibition on contracting with entities that comply with the
secondary Arab boycott of Israel.
``4660. Prohibition on collection of political information.''.
(b) Transfer and Redesignation of Title 10 Sections.--The sections
of title 10, United States Code, specified in the left-hand column of
the following table are transferred to chapter 363 of such title, as
amended by subsection (a), inserted (in the order shown in the
following table) after the table of sections at the beginning of such
chapter, and redesignated in accordance with the section numbers in the
right-hand column, as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
2207 4651
2249 4652
2392 4653
2393 4654
2402 4655
2408 4656
2339 4657
2410f 4658
2410i 4659
2335 4660
------------------------------------------------------------------------
(c) Conforming Cross-reference Amendments.--
(1) Section 2343 of title 10, United States Code, is amended by
striking ``Sections 2207,'' and inserting ``Sections 4651,''.
(2) Subsection (b) of section 4657 of title 10, United States
Code, as transferred and redesignated by subsection (b), is amended
by striking ``section 2393(c)'' and inserting ``section 4654(c)''.
(3) Section 1123 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat.1614) is amended--
(A) in subsection (b)(2), by striking ``Section 2339(a)''
and inserting ``Section 4657(a)''; and
(B) in subsection (c)(1), by striking ``section 2339'' and
inserting ``section 4657''.
SEC. 1863. CONTRACTOR WORKFORCE.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 365 and inserting the following:
``CHAPTER 365--CONTRACTOR WORKFORCE
``Sec.
``4701. Contractor employees: protection from reprisal for disclosure of
certain information.
``4702. Incentives and consideration for qualified training programs.
``4703. Displaced contractor employees: assistance to obtain
certification and employment as teachers or employment as
teachers' aides.
``4704. Defense contractors: listing of suitable employment openings
with local employment service office.''.
(b) Transfer of Title 10 Sections.--Sections 2409, 2409a, 2410j,
and 2410k of title 10, United States Code, are transferred to chapter
365 of such title, as amended by subsection (a), inserted (in that
order) after the table of sections, and redesignated as sections 4701,
4702, 4703, and 4704, respectively.
(c) Conforming Amendments to New 4701.--Subsection (g) of section
4701 of title 10, United States Code, as transferred and redesignated
by subsection (b), is amended--
(1) by striking ``section 2303'' in paragraph (1) and inserting
``section 3063''; and
(2) by striking paragraph (2).
SEC. 1864. OTHER ADMINISTRATIVE MATTERS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 367 and inserting the following:
``CHAPTER 367--OTHER ADMINISTRATIVE MATTERS
``Sec.
``4751. Determinations and decisions.
``4752. Remission of liquidated damages.
``4753. Supplies: identification of supplier and sources.
``4754. Management of purchase cards.''.
(b) Transfer of Title 10 Sections.--Sections 2310, 2312, 2384, and
2784 of title 10, United States Code, are transferred to chapter 367 of
such title, as amended by subsection (a), inserted (in that order)
after the table of sections, and redesignated as sections 4751, 4752,
4753, and 4754, respectively.
(c) Conforming Amendments to New Section 4751.--Section 4751 of
title 10, United States Code, as transferred and redesignated by
subsection (b), is amended--
(1) in subsection (a), by striking ``made under this chapter''
and inserting ``made under any chapter 137 legacy provision''; and
(2) in subsection (b), by striking ``section 2306(g)(1),
2307(d), or 2313(c)(2)(B)'' and inserting ``section 3531(a), 3803,
or 3841(c)(2)(B)''.
Subtitle I--Defense Industrial Base
SEC. 1866. DEFENSE INDUSTRIAL BASE GENERALLY.
(a) Tables of Chapters Amendments.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of subtitle A
(as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)), of title
10, United States Code, are amended by striking the item relating to
chapter 381 and inserting the following:
``381. Defense Industrial Base Generally.......................... 4801
``382. Policies and Planning...................................... 4811
``383. Development, Application, & Support of Dual-Use
Technologies...................................................... 4831
``384. Manufacturing Technology................................... 4841
``385. Other Technology Base Policies and Programs...............4851''.
(b) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking chapter 381 and inserting the following:
``CHAPTER 381--DEFENSE INDUSTRIAL BASE GENERALLY
``Sec.
``4801. Definitions.''.
(c) Transfer of Definitions Section.--Section 2500 of such title is
transferred to chapter 381 of such title, as amended by subsection (b),
inserted after the table of sections at the beginning, redesignated as
section 4801, and amended--
(1) in the matter preceding paragraph (1), by striking ``In
this chapter'' and inserting ``In this subpart'';
(2) in paragraph (8), by striking ``section 2505'' and
``section 2501(a)'' and inserting ``section 4816'' and ``section
4811(a)'', respectively; and
(3) by adding at the end the following new paragraph:
``(16) The term `chapter 148 legacy provision' means any of the
following provisions of this subpart: sections 4801, 4811-4819,
4831-4834, 4841-4843, 4851, 4852, 4861-4864, 4871, 4872, 4881-4884,
4891, and 4892, and chapter 389.''.
(d) Conforming Cross-reference Amendments.--
(1) Section 843(c) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 2302 note) is amended--
(A) in paragraph (4), by striking ``section 2302(9)'' and
inserting ``section 3021''; and
(B) in paragraph (5), by striking ``section 2500(5)'' and
inserting ``section 4801(5)''.
(2) Section 2474(a)(2) of title 10, United States Code, is
amended by striking ``section 2500(1)'' and inserting ``section
4801(1)''.
(3) Section 881 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2501 note) is
amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``section 2500'' and inserting ``section 4801''; and
(ii) in paragraph (4), by striking ``section 2501(b)''
and inserting ``section 4811(b)''; and
(B) in subsection (c), by striking ``section 2504'' and
inserting ``section 4814''.
(4) The National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 10 U.S.C. 2501 note) is amended--
(A) in section 812--
(i) in subsection (a)(1)(B), by striking ``section
2501'' and inserting ``section 4811''; and
(ii) in subsection (b)(3), by striking ``section 2507''
and inserting ``section 4817''; and
(B) in section 814(c), by striking ``section 2534'' and
inserting ``section 4864''.
(5) Section 1712(c)(2) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2536 note)
is amended by striking ``section 2500'' and inserting ``section
4801''.
SEC. 1867. POLICIES AND PLANNING.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by adding after chapter 381, as amended by the preceding section, the
following new chapter:
``CHAPTER 382--POLICIES AND PLANNING
``Sec.
``4811. National security strategy for national technology and
industrial base.
``4812. National Defense Technology and Industrial Base Council.
``4813. National defense program for analysis of the technology and
industrial base.
``4814. Annual report to Congress.
``4815. Unfunded priorities of the national technology and industrial
base: annual report.
``4816. National technology and industrial base: periodic defense
capability assessments.
``4817. Industrial Base Fund.
``4818. Data collection authority of President.
``4819. Modernization of acquisition processes to ensure integrity of
industrial base.''.
(b) Transfer and Redesignation of Title 10 Sections.--The sections
of title 10, United States Code, specified in the left-hand column of
the following table are transferred to chapter 382 of such title, as
added by subsection (a), inserted (in the order shown in the following
table) after the table of sections at the beginning of such chapter,
and redesignated in accordance with the section numbers in the right-
hand column, as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
2501 4811
2502 4812
2503 4813
2504 4814
2504a 4815
2505 4816
2508 4817
2507 4818
2509 4819
------------------------------------------------------------------------
(c) Section 2506.--
(1) Insertion of text of section 2506 at end of section 4811.--
(A) Section 4811 of such title, as transferred and
redesignated by subsection (b), is amended by adding at the end
the following new subsection:
``(c) Department of Defense Technology and Industrial Base Policy
Guidance.--''.
(B) Subsections (a) and (b) of section 2506 of such title
are transferred to the end of subsection (c) of such section
4811, as added by subparagraph (A), redesignated as paragraphs
(1) and (2), respectively, indented 2 ems from the left margin,
and amended--
(i) in paragraph (1), as so redesignated, by striking
``section 2501(a) of this title'' and inserting
``subsection (a)''; and
(ii) in paragraph (2), as so redesignated, by striking
``subsection (a)'' and inserting ``paragraph (1)''.
(2) Conforming repeal.--Section 2506 of such title is repealed.
(d) Conforming Cross-reference Amendments.--Sections of chapter 382
of such title, as transferred and redesignated by subsection (b), are
amended as follows:
(1) Section 4812 is amended by striking ``section 2501(a)'' in
subsection (c)(1) and inserting ``section 4811(a)''.
(2) Section 4813 is amended by striking ``section 2505'' in
subsection (c)(3)(A) and inserting ``section 4816''.
(3) Section 4814 is amended--
(A) in paragraph (1), by striking ``section 2506'' and
inserting ``section 4811(c)'';
(B) in paragraph (2), by striking ``section 2505'' and
inserting ``section 4816''; and
(C) in paragraph (3), by striking ``section 2501'' and
``section 2505'' and inserting ``section 4811'' and ``section
4816'', respectively.
(4) Section 4816 is amended by striking ``section 2501(a)'' in
subsection (a) and inserting ``section 4811(a)''.
(5) Section 4818 is amended in subsection (a)--
(A) by striking ``of this chapter'' and inserting ``of the
chapter 148 legacy provisions''; and
(B) by striking ``under this chapter'' and inserting
``under those provisions''.
(6) Section 4819(f)(1)(A) is amended by striking ``section
2339a(e)'' and inserting ``section 3252(c)''.
(e) Conforming Cross-reference Amendments.--
(1) Section 2198(c) of title 10, United States Code, is amended
by striking ``section 2505'' and ``section 2501(a)'' and inserting
``section 4816'' and ``section 4811(a)'', respectively.
(2) Section 2709(a) of such title is amended by striking
``section 2501'' and inserting ``section 4811''.
(3) Section 8685 of such title is amended by striking ``section
2501(b)'' in subsections (a) and (c) and inserting ``section
4811(b)''.
SEC. 1868. DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE
TECHNOLOGIES.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by adding after chapter 382, as added by the preceding section, the
following new chapter:
``CHAPTER 383--DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE
TECHNOLOGIES
``Sec.
``4831. Defense dual-use critical technology program.
``4832. Encouragement of technology transfer.
``4833. Federal Defense Laboratory Diversification Program.
``4834. Overseas foreign critical technology monitoring and assessment
financial assistance program.''.
(b) Transfer and Redesignation of Title 10 Sections.--The sections
of title 10, United States Code, specified in the left-hand column of
the following table are transferred to chapter 383 of such title, as
added by subsection (a), inserted (in the order shown in the following
table) after the table of sections at the beginning of such chapter,
and redesignated in accordance with the section numbers in the right-
hand column, as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
2511 4831
2514 4832
2519 4833
2518 4834
------------------------------------------------------------------------
(c) Conforming Cross-reference Amendments.--Sections of chapter 383
of such title, as transferred and redesignated by subsection (b), are
amended as follows:
(1) Section 4831 is amended--
(A) in subsection (a), by striking ``section 2501(a)'' and
``section 2371'' and inserting ``section 4811(a)'' and
``section 4002'', respectively; and
(B) in subsection (e)(1), by striking ``section 2501(a)''
and inserting ``section 4811(a)''.
(2) Section 4832 is amended in subsection (a) by striking
``section 2501(a)'' and inserting ``section 4811(a)''.
(3) Section 4833 is amended--
(A) in subsection (a), by striking ``section 2501(a)'' and
inserting ``section 4811(a)'';
(B) in subsection (c)(1), by striking ``section 2371'' and
inserting ``section 4002'';
(C) in subsection (d)(2), by striking ``section
2511(c)(2)'' and inserting ``section 4831(c)(2)''; and
(D) in subsection (f), by striking ``section 2511(e)'' and
inserting ``section 4831(e)''.
SEC. 1869. MANUFACTURING TECHNOLOGY.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by adding after chapter 383, as added by the preceding section, the
following new chapter:
``CHAPTER 384--MANUFACTURING TECHNOLOGY
``Sec.
``4841. Manufacturing Technology Program.
``4842. Joint Defense Manufacturing Technology Panel.
``4843. Armament retooling and manufacturing.''.
(b) Transfer and Redesignation of Section 2521.--
(1) Transfer and redesignation.--Section 2521 of title 10,
United States Code, is transferred to chapter 384 of such title, as
added by subsection (a), inserted after the table of sections at
the beginning of such chapter, and redesignated as section 4841.
(2) Conforming cross-reference amendments.--Such section is
amended--
(A) in subsection (a), by striking ``section 2501(a)'' and
inserting ``section 4811(a)''; and
(B) in subsection (d)(1), by striking ``section 2374'' and
inserting ``section 4008''.
(c) Designation of Former Section 2521(e) as Section 4842.--
(1) Such chapter is further amended--
(A) by transferring subsection (f) of section 4841 within
that section so as to appear after subsection (d) and
redesignating that subsection as subsection (e); and
(B) by redesignating as section 4842 the subsection (e)
following the subsection transferred and redesignated by
subparagraph (A) and inserting at the beginning of such section
4842 the following section heading:
``Sec. 4842. Joint Defense Manufacturing Technology Panel''.
(2) Section 4842 of title 10, United States Code, as designated
by paragraph (1)(B), is amended--
(A) by striking ``(e) Joint Defense Manufacturing
Technology Panel.--'';
(B) by redesignating paragraphs (1) through (6) as
subsections (a) through (f), respectively;
(C) in subsection (b), as so redesignated, by redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2),
respectively;
(D) in subsection (c), as so redesignated, by redesignating
subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3)
respectively;
(E) in subsection (d), as so redesignated--
(i) by striking ``paragraph (3)'' and inserting
``subsection (c)''; and
(ii) by redesignating subparagraphs (A), (B), (C), and
(D) as paragraphs (1), (2), (3), and (4), respectively; and
(F) in subsection (e), as so redesignated, by striking
``this paragraph'' and inserting ``this subsection''.
(d) Transfer and Redesignation of Section 2522.--Section 2522 of
title 10, United States Code, is transferred to chapter 384 of such
title, as added by subsection (a), inserted after section 4842, as
designated by subsection (c)(1)(B), and redesignated as section 4843.
(e) Conforming Cross-reference Amendment.--Section 1644(f)(1) of
the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 2224 note) is amended by striking
``section 2521'' and inserting ``section 4841''.
SEC. 1870. OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by adding after chapter 384, as added by the preceding section, the
following new chapter:
``CHAPTER 385--OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS
``Subchapter
Sec.
``I. Defense Trade Reciprocity and Offset Policy.................. 4851
``II. Limitations on Procurement of Certain Items from Foreign
Sources........................................................... 4861
``III. Limitations on Procurement from Certain Foreign Sources.... 4871
``IV. Defense Industrial Reserve and Industrial Mobilization...... 4881
``V. Other Matters................................................ 4891
``SUBCHAPTER I--DEFENSE TRADE RECIPROCITY AND OFFSET POLICY
``Sec.
``4851. Defense memoranda of understanding and related agreements.
``4852. Offset policy; notification.''.
(b) Transfer and Redesignation of Sections 2531 and 2532.--Sections
2531 and 2532 of title 10, United States Code, are transferred to
chapter 385 of such title, as added by subsection (a), inserted after
the table of sections at the beginning of subchapter I, and
redesignated as sections 4851 and 4852, respectively.
(c) Subchapter Ii.--
(1) Designation of subchapter ii.--Chapter 385 of title 10,
United States Code, is further amended by adding after subchapter
I, as amended by subsection (b), the following:
``SUBCHAPTER II--LIMITATIONS ON PROCUREMENT OF CERTAIN ITEMS FROM
FOREIGN SOURCES
``Sec.
``4861. Determinations of public interest under chapter 83 of title 41.
``4862. Requirement to buy certain articles from American sources;
exceptions.
``4863. Requirement to buy strategic materials critical to national
security from American sources; exceptions.
``4864. Miscellaneous limitations on the procurement of goods other than
United States goods.''.
(2) Transfer and redesignation of sections 2533, 2533a, 2533b,
and 2534.--Sections 2533, 2533a, 2533b, and 2534 of title 10,
United States Code, are transferred to chapter 385 of such title,
as added by subsection (a), inserted (in that order) after the
table of sections at the beginning of subchapter II, and
redesignated as sections 4861, 4862, 4863, and 4864, respectively.
(3) Conforming cross-reference amendments.--Section 4864 of
such title, as so transferred and redesignated, is amended--
(A) in subsection (d)(3), by striking by striking ``section
2531'' and inserting ``section 4851'';
(B) in subsection (e)(3), by striking ``section
2532(d)(1)'' and inserting ``section 4852(d)(1)''; and
(C) in paragraph (2)(B) of the first subsection (k)
(relating to ``Limitation on certain procurements application
process''), by striking ``section 2500(1)'' both places it
appears and inserting ``section 4801(1)''.
(4) Additional technical amendments.--Section 4864 of such
title, as so transferred and redesignated, is further amended by
redesignating the second subsection (k) (added by section 853(b) of
the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92)) as subsection (l).
(5) Conforming amendment.--Section 854(a)(2) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92;
10 U.S.C. 2533b note) is amended by striking ``section 2533a(b)''
and inserting ``section 4862(b)''.
(6) Cross-reference amendments.--
(A) Section 2375(e)(2) of title 10, United States Code, is
amended by striking ``section 2533a'' and ``section 2533b'' and
inserting ``section 4862'' and ``section 4863'', respectively.
(B) Section 8118 of Public Law 108-287 (10 U.S.C. 2533a
note) is amended by striking ``section 2533a(f)'' and inserting
``section 4862(f)''.
(C) Section 187(b)(5) of title 10, United States Code, is
amended by striking ``section 2533b'' and inserting ``section
4863''.
(d) Subchapter Iii.--
(1) Designation of subchapter iii.--Chapter 385 of title 10,
United States Code, is further amended by adding after subchapter
II, as added by subsection (c)(1), the following:
``SUBCHAPTER III--LIMITATIONS ON PROCUREMENT FROM CERTAIN FOREIGN
SOURCES
``Sec.
``4871. Acquisition of sensitive materials from non-allied foreign
nations: prohibition.
``4872. Award of certain contracts to entities controlled by a foreign
government: prohibition.''.
(2) Transfer and redesignation of sections 2533c and 2536.--
Sections 2533c and 2536 of title 10, United States Code, are
transferred to chapter 385 of such title, as added by subsection
(a), inserted (in that order) after the table of sections at the
beginning of subchapter III, and redesignated as sections 4871 and
4872, respectively.
(3) Cross-reference and clerical amendments.--
(A) Section 4871 of such title, as so transferred and
redesignated, is amended by striking ``section 2533b(m)'' in
subsection (d)(3) and inserting ``section 4863(m)''.
(B) The heading of such section is amended to read as
follows:
``Sec. 4871. Acquisition of sensitive materials from non-allied foreign
nations: prohibition''.
(4) Conforming cross-reference amendment.--Section
2572(e)(2)(A) of title 10, United States Code, is amended by
striking ``section 2536(c)(1)'' and inserting ``section
4872(c)(1)''.
(e) Subchapter Iv.--
(1) Designation of subchapter iv.--Chapter 385 of title 10,
United States Code, is further amended by adding after subchapter
III, as added by subsection (d), the following:
``SUBCHAPTER IV--DEFENSE INDUSTRIAL RESERVE AND INDUSTRIAL MOBILIZATION
``Sec.
``4881. Defense Industrial Reserve.
``4882. Industrial mobilization: orders; priorities; possession of
manufacturing plants; violations.
``4883. Industrial mobilization: plants; lists.
``4884. Industrial mobilization: Board on Mobilization of Industries
Essential for Military Preparedness.''.
(2) Transfer and redesignation of sections 2535, 2538, 2539,
and 2539a.--
(A) In general.--Sections 2535, 2538, 2539, and 2539a of
title 10, United States Code, are transferred to chapter 385 of
such title, as added by subsection (a), inserted (in that
order) after the table of sections at the beginning of
subchapter IV, and redesignated as sections 4881, 4882, 4883,
and 4884, respectively.
(B) Cross-reference amendment.--Section 4884 of such title,
as so transferred and redesignated, is amended by striking
``sections 2538 and 2539'' and inserting ``sections 4882 and
4883''.
(f) Subchapter V.--
(1) Designation of subchapter v.--Chapter 385 of title 10,
United States Code, is further amended by adding after subchapter
IV, as added by subsection (e), the following:
``SUBCHAPTER V--OTHER MATTERS
``Sec.
``4891. Improved national defense control of technology diversions
overseas.
``4892. Availability of samples, drawings, information, equipment,
materials, and certain services.''.
(2) Transfer and redesignation of sections 2537 and 2539b.--
Sections 2537 and 2539b of title 10, United States Code, are
transferred to chapter 385 of such title, as added by subsection
(a), inserted (in that order) after the table of sections at the
beginning of subchapter V, and redesignated as sections 4891 and
4892, respectively.
SEC. 1871. SMALL BUSINESS PROGRAMS.
(a) In General.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is
amended--
(1) by striking chapter 285; and
(2) by adding at the end the following new chapter:
``CHAPTER 387--SMALL BUSINESS PROGRAMS
``Subchapter
Sec.
``I. General...................................................... 4901
``SUBCHAPTER I--GENERAL
``Sec.
``4901. Department of Defense small business strategy.''.
(b) Transfer of Section 2283.--Section 2283 of title 10, United
States Code, is transferred to chapter 387 of such title, as added by
paragraph (1), inserted after the table of sections at the end of
subchapter I, redesignated as section 4901, and amended in subsections
(b)(3) and (e) by striking ``chapter 142'' and inserting ``chapter
388''.
SEC. 1872. PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM.
(a) New Chapter.--
(1) In general.--Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232), is amended--
(A) by striking chapter 385 (as enacted by that Act); and
(B) by adding after chapter 387, as added by the preceding
section, the following new chapter:
``CHAPTER 388--PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM
``Sec.
``4951. Purposes; definitions; regulations.
``4952. Cooperative agreements.
``4953. Funding.
``4954. Distribution.
``4955. Subcontractor information.
``4956. Authority to provide certain types of technical assistance.
``4957. Advancing small business growth.
``4958. [Reserved].
``4959. Administrative and other costs.
``Sec. 4951. Purposes; definitions; regulations''.
(2) Transfer of section 2412.--The text of section 2412 of
title 10, United States Code, is transferred to section 4951 of
such title, as added by paragraph (1), inserted after the section
heading, designated as subsection (a), and amended by inserting
``Purposes.--'' before ``The purposes of the program''.
(3) Transfer of section 2411.--
(A) Transfer.--The text of section 2411 of title 10, United
States Code, is transferred to section 4951 of such title, as
added by paragraph (1), inserted after subsection (a), as added
by paragraph (2), designated as subsection (b), and amended by
inserting ``Definitions.--'' before ``In this chapter''.
(B) Preservation of future amendment.--Section 852(a) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1511; 10 U.S.C. 2411 note) is
amended by striking ``section 2411(3)'' and inserting ``section
4951(b)(3)'', except that if the effective date of this section
is after October 1, 2021, such amendment shall not be made.
(4) Transfer of section 2420.--The text of section 2420 of
title 10, United States Code, is transferred to section 4951 of
such title, as added by paragraph (1), inserted after subsection
(b), as added by paragraph (3), designated as subsection (c), and
amended by inserting ``Regulations.--'' before ``The Secretary of
Defense''.
(5) Transfer of section 2413.--Section 2413 of title 10, United
States Code, is transferred to chapter 385 of such title, as
amended by paragraph (1), inserted after section 4951, redesignated
as section 4952, and amended--
(A) in subsection (a), by inserting ``Authority.--'' after
``(a)'';
(B) in subsection (b)--
(i) by inserting ``Agreements.--'' before ``Under any
such'' ; and
(ii) by striking ``section 2419(b)'' in paragraph (2)
and inserting ``section 4957(b)'';
(C) in subsection (c), by inserting ``Distribution of
Programs.--'' after ``(c)'';
(D) in subsection (d), by inserting ``Weight to Be Given
Successful Past Performance.--'' after ``(d)''; and
(E) in subsection (e), by inserting ``Determination of
Level of Funding.--'' after ``(e)''.
(6) Transfer of section 2414.--Section 2414 of title 10, United
States Code, is transferred to chapter 385 of such title, as
amended by paragraph (1), inserted after section 4952, as
transferred and redesignated by paragraph (5), redesignated as
section 4953, and amended--
(A) by striking ``clause'' in paragraphs (1) and (2) of
subsection (a) and inserting ``paragraph'';
(B) by striking ``section 2411(1)(D)'' in subsections
(a)(3), (a)(4), and (b) and inserting ``section
4951(b)(1)(D)''; and
(C) in subsection (c), by striking ``section 2419(b)'' and
inserting ``section 4957(b)''.
(7) Transfer of section 2415.--Section 2415 of title 10, United
States Code, is transferred to chapter 385 of such title, as
amended by paragraph (1), inserted after section 4953, as
transferred and redesignated by paragraph (6), and redesignated as
section 4954.
(8) Transfer of section 2416.--Section 2416 of title 10, United
States Code, is transferred to chapter 385 of such title, as
amended by paragraph (1), inserted after section 4954, as
transferred and redesignated by paragraph (7), redesignated as
section 4955, and amended--
(A) in subsection (a), by inserting ``Contractors to
Provide Information.--'' after ``(a)'';
(B) in subsection (b), by inserting ``Information to Be
Provided.--'' after ``(b)'';
(C) in subsection (c), by inserting ``Frequency.--'' after
``(c)''; and
(D) in subsection (d), by inserting ``Definition.--'' after
``(d)''.
(9) Transfer of section 2418.--Section 2418 of title 10, United
States Code, is transferred to chapter 385 of such title, as
amended by paragraph (1), inserted after section 4955, as
transferred and redesignated by paragraph (8), redesignated as
section 4956, and amended--
(A) in subsection (a), by inserting ``Assistance Relating
to Certain Non-defense Contracts.--'' after ``(a)'';
(B) in subsection (b), by inserting ``Information Relating
to Assistance and Other Programs Available.--'' after ``(b)'';
and
(C) in subsection (c), by inserting ``Education on
Requirements Applicable to Small Businesses Under Certain
Regulations.--'' after ``(c)''.
(10) Transfer of section 2419.--Section 2419 of title 10,
United States Code, is transferred to chapter 385 of such title, as
amended by paragraph (1), inserted after section 4956, as
transferred and redesignated by paragraph (7), and redesignated as
section 4957.
(11) Transfer of section 2417.--Section 2417 of title 10,
United States Code, is transferred to chapter 385 of such title, as
amended by paragraph (1),inserted after section 4957, as added by
paragraph (10), and redesignated as section 4959.
(b) Conforming Repeal of Chapter 142.--
(1) Repeal.--Chapter 142 of title 10, United States Code, is
repealed.
(2) Clerical amendments.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part IV of
subtitle A, of title 10, United States Code, are amended by
striking the items relating to chapter 142.
SEC. 1873. LOAN GUARANTEE PROGRAMS.
(a) New Chapter.--Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is
amended--
(1) by striking chapter 383 (as enacted by that Act); and
(2) by adding after chapter 388, as added by the preceding
section, the following new chapter:
``CHAPTER 389--LOAN GUARANTEE PROGRAMS
``Subchapter
Sec.
``I. Defense Export Loan Guarantees............................... 4971
``II. Critical Infrastructure Protection Loan Guarantees.........4981''.
(b) Transfer of Existing Provisions.--Subchapters VI and VII of
chapter 148 of title 10, United States Code, are transferred to chapter
389 of such title, as added by subsection (a), inserted after the table
of subchapters at the beginning of the chapter, and redesignated as
subchapters I and II, respectively.
(c) Redesignation of Sections.--
(1) Subchapter i.--Sections 2540, 2540a, 2540b, 2540c and 2540d
of such title are redesignated as sections 4971, 4972, 4973, 4974,
and 4975, respectively, and the items relating to those sections in
the table of sections at the beginning of subchapter I of chapter
389, as transferred and redesignated by subsection (b), are amended
to conform to the redesignations in this paragraph.
(2) Subchapter ii.--Sections 2541, 2541a, 2541b, 2541c and
2541d of such title are redesignated as sections 4981, 4982, 4983,
4984, and 4985, respectively, and the items relating to those
sections in the table of sections at the beginning of subchapter II
of chapter 389, as transferred and redesignated by subsection (b),
are amended to conform to the redesignations in this paragraph.
(d) Conforming Cross-reference Amendments in 2540 Note Section.--
Section 8065 of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 10 U.S.C. 2540 note), is amended--
(1) by striking ``subchapter VI of chapter 148'' both places it
appears and inserting ``subchapter I of chapter 389''; and
(2) by striking ``section 2540c(d)'' and inserting ``section
4974(d)''.
(e) Cross-reference Amendments in Subchapter Ii.--Subchapter II of
chapter 389 of such title, as transferred and redesignated by
subsection (b), is amended--
(1) in subsection (b)(5) of section 4981, as redesignated by
subsection (c)(2), by striking ``section 2541d'' and inserting
``section 4985'';
(2) in subsection (b) of section 4983, as redesignated by
subsection (c)(2), by striking ``section 2541a(c)'' and inserting
``section 4982(c)''; and
(3) in section 4984, as redesignated by subsection (c)(2)--
(A) in the matter preceding paragraph (1), by striking
``subchapter VI'' and inserting ``subchapter I'';
(B) in paragraph (1), by striking ``Section 2540a'' and
inserting ``Section 4972'';
(C) in paragraph (2), by striking ``section 2540b'' and
inserting ``section 4973''; and
(D) in paragraph (3), by striking ``Section 2540d(2)'' and
inserting ``Section 4975(2)''.
(f) Clerical Amendments.--The tables of chapters at the beginning
of subtitle A, and at the beginning of part V of subtitle A, of title
10, United States Code, are amended--
(1) by striking the items relating to chapters 285, 383, and
385; and
(2) by adding at the end the following new items:
``387. Small Business Programs.................................... 4901
``388. Procurement Technical Assistance Cooperative Agreement
Program........................................................... 4951
``389. Loan Guarantee Programs...................................4971''.
Subtitle J--Other Matters
SEC. 1876. RECODIFICATION OF CERTAIN TITLE 10 PROVISIONS RELATING TO
CONTRACT FINANCING FOR CERTAIN NAVY CONTRACTS.
(a) Recodification of Paragraph (1) of 10 u.s.c. 2307(g).--Chapter
863 of title 10, United States Code, is amended by inserting after
section 8684 a new section 8684a consisting of--
(1) a heading as follows:
``Sec. 8684a. Repair, maintenance, or overhaul of naval vessels: rate
for progress payments''; and
(2) a text consisting of the text of paragraph (1) of section
2307(g) of title 10, United States Code, revised by redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.
(b) Recodification of Paragraph (3).--Such chapter is further
amended by inserting after section 8688 a new section 8688a consisting
of--
(1) a heading as follows:
``Sec. 8688a. Construction and conversion of naval vessels: liens'';
and
(2) a text consisting of the text of paragraph (3) of section
2307(g) of such title.
(c) Recodification of Paragraph (2).--Subsection (c) of section
8702 of such title is amended--
(1) by striking the first two words of the subsection heading;
and
(2) by striking the text of that subsection and inserting the
text of paragraph (2) of section 2307(g) of such title, amended by
striking ``this paragraph'' in the second sentence and inserting
``this subsection''.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 863 of such title is amended--
(1) by inserting after the item relating to section 8684 the
following new item:
``8684a. Repair, maintenance, or overhaul of naval vessels: rate for
progress payments.'';
(2) by inserting after the item relating to section 8688 the
following new item:
``8688a. Construction and conversion of naval vessels: liens.''.
(e) Conforming Repeal.--Section 2307(g) of such title is repealed.
SEC. 1877. RECODIFICATION OF TITLE 10 STATUTE ON CADRE OF PERSONNEL WHO
ARE INTELLECTUAL PROPERTY EXPERTS.
(a) New Section in Acquisition Workforce Chapter.--Chapter 87 of
title 10, United States Code, is amended by inserting after section
1706 the following new section:
``Sec. 1707. Cadre of intellectual property experts''.
(b) Transfer of 10 u.s.c. 2322(b).--Subsection (b) of section 2322
of title 10, United States Code, is transferred to section 1707 of such
title, as added by subsection (a), inserted after the section heading,
redesignated as subsection (a), and amended--
(1) by striking ``Cadre of Intellectual Property Experts.--(1)
The Secretary'' and inserting ``Cadre.--The Secretary''; and
(3) by redesignating paragraphs (2), (3), and (4) as
subsections (b), (c), and (d), respectively.
(c) Amendments to New 1707(b).--Subsection (b) of such section
1707, as so redesignated, is amended--
(1) by inserting ``Leadership Structure.--'' before ``The
Under'';
(2) by striking ``Secretary shall establish'' and inserting
``Secretary--
``(1) shall establish''; and
(3) by striking ``managed, and shall determine'' and inserting
``managed; and
``(2) shall determine''.
(d) Amendments to New 1707(c).--Subsection (c) of such section
17017, as so redesignated, is amended--
(1) by inserting ``Duties.--'' before ``The cadre''; and
(2) by redesignating subparagraphs (A) through (F) as
paragraphs (1) through (6), respectively.
(e) Amendments to New 1707(d).--Subsection (d) of such section
1707, as so redesignated, is amended--
(1) by striking ``(A) In order to'' and inserting
``Administration.--
``(1) In order to'';
(2) by redesignating subparagraphs (B) through (F) as
paragraphs (2) through (6), respectively, and realigning such
paragraphs 2 ems from the left margin;
(3) in paragraph (1) of such subsection (d), as redesignated by
paragraph (1) of this subsection--
(A) in the first sentence--
(i) by striking ``paragraph (1)'' and inserting
``subsection (a)''; and
(ii) by striking ``paragraph (2)'' and inserting
``subsection (b)''; and
(B) in the third sentence, by striking ``subparagraphs (B),
(C), (D), and (F)'' and inserting ``paragraphs (2), (3), (4),
and (6)''; and
(4) in paragraph (4), as redesignated by paragraph (2), by
striking ``section 2320'' and inserting ``section 3775(a)''.
SEC. 1878. TRANSFER OF TITLE 10 SECTION RELATING TO NOTIFICATION OF
NAVY PROCUREMENT PRODUCTION DISRUPTIONS.
(a) Transfer of Section 2339b.--Section 2339b of title 10, United
States Code, as added by section 820 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92), is
transferred to chapter 873 of such title, inserted before section 8752,
and redesignated as section 8751.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 873 of such title is amended by inserting before the item
relating to section 8752 the following new item:
``8751. Notification of Navy procurement production disruptions.''.
SEC. 1879. TRANSFER OF TITLE 10 SECTION RELATING TO ENERGY SECURITY.
(a) Transfer.--Section 2410q of title 10, United States Code, is
transferred to subchapter II of chapter 173 of such title, inserted
after section 2922h, and redesignated as section 2922i.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2922i. Multiyear contracts: purchase of electricity from renewable
energy sources.''.
SEC. 1880. PART IV HEADING.
(a) Heading.--The heading of part IV of subtitle A of title 10,
United States Code, is amended to read as follows:
``PART IV--SERVICE, SUPPLY, AND PROPERTY''.
(b) Table of Chapters.--The item relating to the heading of part IV
in the table of chapters at the beginning of subtitle A of such title
is amended to read as follows:
``Part IV--Service, Supply, and Property''.
SEC. 1881. REPEAL OF CHAPTERS 137, 139, 144, AND 148.
(a) Repeal.--Chapters 137, 139, 144, and 148 of title 10, United
States Code, are repealed.
(b) Table of Chapters.--The tables of chapters at the beginning of
subtitle A, and at the beginning of part IV of subtitle A, of such
title are amended by striking the items relating to chapters 137, 139,
144, and 148.
SEC. 1882. REVISION OF CHAPTER 141.
(a) Chapter Heading.--
(1) The heading of chapter 141 of title 10, United States Code,
is amended to read as follows:
``PART 141--MISCELLANEOUS PROVISIONS RELATING TO PROPERTY''.
(2) The items relating to such chapter in the table of chapters
at the beginning of subtitle A, and at the beginning of part IV of
subtitle A, of such title are amended to read as follows:
``141. Miscellaneous Provisions Relating to Property.............2381''.
(b) Consolidation of Remaining Sections of Chapter 141.--Sections
2410r and 2410s of such title are transferred within chapter 141 of
such title to appear (in that order) before section 2389 and are
redesignated as sections 2387 and 2388, respectively.
(c) Table of Sections.--The table of sections at the beginning of
such chapter is amended to read as follows:
``Sec.
``2385. Arms and ammunition: immunity from taxation.
``2387. Contract working dogs: requirement to transfer animals to 341st
Training Squadron after service life.
``2388. Security clearances for facilities of certain companies.
``2389. Ensuring safety regarding insensitive munitions.
``2390. Prohibition on the sale of certain defense articles from the
stocks of the Department of Defense.
``2391. Military base reuse studies and community planning assistance.
``2396. Advances for payments for compliance with foreign laws, rent in
foreign countries, tuition, public utility services, and pay
and supplies of armed forces of friendly foreign countries.''.
SEC. 1883. REFERENCES.
(a) Definitions.--In this section:
(1) Redesignated section.--The term ``redesignated section''
means a section of title 10, United States Code, that is
redesignated by this title, as that section is so redesignated.
(2) Source section.--The term ``source section'' means a
section of title 10, United States Code, that is redesignated by
this title, as that section was in effect before the redesignation.
(b) Reference to Source Section.--
(1) Treatment of reference.--Except as otherwise provided in
this title, a reference to a source section, including a reference
in a regulation, order, or other law, is deemed to refer to the
corresponding redesignated section.
(2) Title 10.--Except as otherwise provided in this title, in
title 10, United States Code, each reference in the text of such
title to a source section is amended by striking such reference and
inserting a reference to the appropriate redesignated section.
SEC. 1884. SAVINGS PROVISIONS.
(a) Regulations, Orders, and Other Administrative Actions.--A
regulation, order, or other administrative action in effect under a
provision of title 10, United States Code, redesignated by this title
continues in effect under the provision as so redesignated.
(b) Actions Taken and Offenses Committed.--An action taken or an
offense committed under a provision of title 10, United States Code,
redesignated by this title is deemed to have been taken or committed
under the provision as so redesignated.
SEC. 1885. RULE OF CONSTRUCTION.
This title, including the amendments made by this title, is
intended only to reorganize title 10, United States Code, and may not
be construed to alter--
(1) the effect of a provision of title 10, United States Code,
including any authority or requirement therein;
(2) a department or agency interpretation with respect to title
10, United States Code; or
(3) a judicial interpretation with respect to title 10, United
States Code.
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.
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 fiscal year 2017
project at Camp Walker, Korea.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--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 or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Fort Wainwright............................... $114,000,000
Arizona........................................ Yuma Proving Ground........................... $14,000,000
California..................................... Military Ocean Terminal Concord............... $46,000,000
Colorado....................................... Fort Carson................................... $28,000,000
Georgia........................................ Fort Gillem................................... $71,000,000
Fort Gordon................................... $80,000,000
Hawaii......................................... Aliamanu Military Reservation................. $71,000,000
Schofield Barracks............................ $39,000,000
Wheeler Army Airfield......................... $89,000,000
Louisiana...................................... Fort Polk..................................... $25,000,000
Oklahoma....................................... McAlester AAP................................. $35,000,000
South Carolina................................. Fort Jackson.................................. $7,000,000
Virginia....................................... Humphreys Engineer Center..................... $51,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside 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 installation outside the United States, and in the
amount, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Italy.......................................... Casmera Renato Dal Din........................ $10,200,000
----------------------------------------------------------------------------------------------------------------
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 or locations, in the number
of units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Italy.................................. Vicenza.................... Family Housing New $84,100,000
Construction............
Kwajalein.............................. Kwajalein Atoll............ Family Housing $32,000,000
Replacement 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 2102(a) 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 fluctuation 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 FISCAL YEAR 2017
PROJECT AT CAMP WALKER, KOREA.
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, the
Secretary of the Army may construct an elevated walkway between two
existing parking garages to connect children's playgrounds using
amounts available for Family Housing New Construction, as specified in
the funding table in section 4601 of such Act (130 Stat. 2883).
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.
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
----------------------------------------------------------------------------------------------------------------
California................................... Camp Pendleton................................. $115,530,000
Lemoore......................................... $187,220,000
Point Mugu...................................... $26,700,000
Port Hueneme.................................... $43,500,000
San Diego....................................... $128,500,000
Seal Beach...................................... $46,800,000
Twentynine Palms................................ $76,500,000
Hawaii....................................... Joint Base Pearl Harbor-Hickam.................. $114,900,000
Maine........................................ Kittery......................................... $715,000,000
NCTAMS LANT Detachment Cutler................... $26,100,000
Nevada....................................... Fallon.......................................... $29,040,000
North Carolina............................... Cherry Point.................................... $51,900,000
Virginia..................................... Norfolk......................................... $39,800,000
----------------------------------------------------------------------------------------------------------------
(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................................ SW Asia......................................... $68,340,000
El Salvador................................... Comalapa........................................ $28,000,000
Greece........................................ Souda Bay....................................... $50,180,000
Guam.......................................... Andersen Air Force Base......................... $21,280,000
Joint Region Marianas........................... $546,550,000
Spain......................................... 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.
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.
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
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Edwards Air Force Base...................... $40,000,000
New Jersey..................................... Joint Base McGuire-Dix-Lakehurst............ $22,000,000
South Dakota................................... Ellsworth Air Force Base.................... $96,000,000
Texas.......................................... Joint Base San Antonio...................... $19,500,000
Utah........................................... Hill Air Force Base......................... $132,000,000
Virginia....................................... Joint Base Langley-Eustis................... $19,500,000
----------------------------------------------------------------------------------------------------------------
(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 installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam........................................... Andersen Air Force Base..................... $56,000,000
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 John S.
McCain 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 that Act (132 Stat. 2404), the Secretary of the Air
Force may construct a 600 square meter non-contained (outdoor) range
with covered and heated firing line.
(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 John S.
McCain 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 John S. McCain 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 John S. McCain 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 John S.
McCain 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 John S. McCain 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 Auxiliary Ground Equipment Facility, as
specified in the funding table in section 4603 of that Act (133
Stat. 2103), the Secretary of the Air Force may construct up to
5,043 square meters of aircraft support equipment storage;
(2) for construction of Ops/Aircraft Maintenance Unit/Hanger
Number 2, as specified in such funding table, the Secretary of the
Air Force may construct--
(A) up to 2,584 square meters of squadron operations; and
(B) up to 2,880 square meters of aircraft maintenance unit;
(3) for construction of Ops/Aircraft Maintenance Unit/Hanger
Number 3, as specified in such funding table, the Secretary of the
Air Force may construct--
(A) up to 2,584 square meters of squadron operations; and
(B) up to 2,880 square meters of aircraft maintenance unit;
(4) for construction of Operations Group/Maintenance Group HQ,
as specified in such funding table, the Secretary of the Air Force
may construct up to 3,479 square meters of headquarters;
(5) for construction of 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;
(6) for construction of Site Development, Utilities & Demo
Phase 2, as specified in such funding table, the Secretary of the
Air Force may construct--
(A) up to 3,039 meters of storm water piping, box culverts,
underground detention, and grading for surface detention;
(B) up to 6,136 meters of water lines;
(C) up to 11,171 meters of communications lines;
(D) up to 48,245 square meters of roads;
(E) up to 25,979 meters of electrical lines; and
(F) up to 618 square meters of pump house facility;
(7) for construction of Lodging Facilities Phases 1-2, as
specified in such funding table, the Secretary of the Air Force may
construct up to 20,361 square meters of visiting quarters;
(8) for construction of Dorm Complex Phases 1-2, as specified
in such funding table, the Secretary of the Air Force may construct
up to 24,792 square meters of permanent party dormitory;
(9) for construction of Tyndall AFB Gate Complex, as specified
in such funding tale, the Secretary of the Air Force may
construct--
(A) up to 139 square meters of gate houses;
(B) up to 1,747 square meters of canopies;
(C) up to 555 square meters of vehicle inspection ports;
and
(D) 19 each active/passive barriers;
(10) for construction of Aircraft Wash Rack, as specified in
such funding table, the Secretary of the Air Force may construct--
(A) up to 2,307 square meters of corrosion control; and
(B) up to 1,621 square meters of aircraft wash rack in a
hangar facility;
(11) for construction of Deployment Center/Flight Line Dining/
AAFES, as specified in such funding table, the Secretary of the Air
Force may construct--
(A) up to 3,707 square meters of deployment processing
center; and
(B) up to 128 square meters of AAFES (Shoppette);
(12) for construction of Airfield Drainage, as specified in
such funding table, the Secretary of the Air Force may construct up
to 37,357 square meters of drainage ditch;
(13) for construction of 325th Fighter Wing HQ Facility, as
specified in such funding table, the Secretary of the Air Force may
construct--
(A) up to 3,301 square meters of 325th Fighter Wing HQ
building; and
(B) up to 697 square meters of command post; and
(14) for construction of Community Commons Facility, as
specified in such funding table, the Secretary of the Air Force may
construct--
(A) up to 1,080 square meters of recreation center;
(B) up to 974 square meters of arts and crafts center;
(C) up to 2,048 square meters of bowling center; and
(D) up to 1,537 square meters of library.
(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 softball complex and 270 square meters of morale,
welfare, and recreation equipment storage facility;
(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 to
construct 76 housing units 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.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Independent study on Western Emergency Refined Fuel Reserves.
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
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-Fort Story $112,500,000
Washington.................................... Joint Base Lewis-McChord........................ $21,800,000
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........................................ Def Fuel Support Point Tsurumi................ $49,500,000
----------------------------------------------------------------------------------------------------------------
(c) Modification of Authority To Carry Out Certain Fiscal Year 2020
Project.--In the case of the authorization contained in the table in
section 2401(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1871) for the construction of a
backup generator at the Pentagon, Virginia, the Secretary of Defense
may replace and upgrade existing generators to obtain additional power
generation capacity, as specified in the funding table in section 4601
of that Act (133 Stat. 2095).
(d) Extension of Authority To Carry Out Certain Fiscal Year 2016
Project.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2016 (division B of
Public Law 114-92; 129 Stat. 1145), the authorization set forth in
the table in paragraph (2), as provided in section 2401 of that Act
(129 Stat. 1157), shall remain in effect until October 1, 2021, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2022, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Defense Agencies: Extension of 2016 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation Project Amount
----------------------------------------------------------------------------------------------------------------
Oregon................................ Klamath Falls IAP......... Fuel Facilities.......... $2,500,000
----------------------------------------------------------------------------------------------------------------
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. INDEPENDENT STUDY ON WESTERN EMERGENCY REFINED FUEL
RESERVES.
(a) Independent Study.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of Energy, seek to enter into a
contract with a Federally funded research and development center under
which contract such center shall conduct a study on the feasibility
(including costs and benefits) of establishing one or more emergency
fuel reserves for refined fuel in the Western United States.
(b) Elements of Study.--In conducting the study referred to in
subsection (a), the Federally funded research and development center
with which the Secretary enters into a contract under such subsection
shall analyze the following:
(1) An assessment, in the event of a 30 day-interruption in the
capability of oil refineries of the West Coast of the United
States, Alaska, and Hawaii to refine petroleum, of--
(A) the capacity of the Department of Defense to meet
defense missions requirements using the Prepositioned War
Reserve Requirements of the Department for wartime and
peacetime operations through the Prepositioned War Reserve
Stock and Operating Stock of the Department;
(B) the military installations or missions otherwise served
by such refineries that may have unique or limited connection
to refined petroleum supply infrastructure; and
(C) the capacity of the Strategic Petroleum Reserve and
connecting pipeline infrastructure to support requirements of
the West Coast area of the United States for petroleum and
refined petroleum products.
(2) An assessment of the practicability of the storage of
military specification fuels and jet fuel stock in long-term
storage in a salt cavern, hard-rock storage, or tank or other
storage.
(3) An identification and assessment of various options to
provide long-term storage of refined fuels in the Western United
States, including through the establishment of one or more Western
Emergency Refined Fuel Reserves, including--
(A) for the assessment of each option, a proposal for the
Federal agency or agencies to be responsible for such option;
and
(B) for the assessment of the establishment of any such
Reserve, an estimate of the costs of construction and operation
of such Reserve.
(c) Report.--The contract under subsection (a) shall require the
Federally funded research and development center that conducts the
study under the contract to submit to the Secretary of Defense and the
Secretary of Energy a report on the results of study. The report shall
be so submitted in both classified and unclassified form.
(d) Submittal to Congress.--
(1) In general.--Not later than 30 days after the date on which
the Secretary of Defense and the Secretary of Energy receive the
report under subsection (c), the Secretary of Defense, in
consultation with the Secretary of Energy, shall submit to the
appropriate committees of Congress the following:
(A) The report under subsection (c), unaltered, in both
classified and unclassified form.
(B) Such comments as the Secretary of Defense considers
appropriate in light of the report under subsection (c).
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Energy and Natural Resources, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Energy and Commerce, and the Committee on Appropriations of the
House of Representatives.
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.
Sec. 2503. Execution of projects under the North Atlantic Treaty
Organization Security Investment Program.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Qatar funded construction projects.
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 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 recognize the NATO project authorization amounts
as budgetary resources to incur obligations for the purposes of
executing the NSIP project.
SEC. 2503. EXECUTION OF PROJECTS UNDER THE NORTH ATLANTIC TREATY
ORGANIZATION SECURITY INVESTMENT PROGRAM.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2350m. Execution of projects under the North Atlantic Treaty
Organization Security Investment Program
``(a) Authority To Execute Projects.--When the United States is
designated as the Host Nation for purposes of executing a project under
the North Atlantic Treaty Organization Security Investment Program (in
this section referred to as the `Program'), the Secretary of Defense
may accept such designation and carry out such project consistent with
the requirements of this section.
``(b) Project Funding.--The Secretary of Defense may fund
authorized expenditures of projects accepted under subsection (a)
with--
``(1) contributions under subsection (c);
``(2) appropriations of the Department of Defense for the
Program when directed by the North Atlantic Treaty Organization to
apply amounts of such appropriations as part of the share of
contributions of the United States for the Program; or
``(3) any combination of amounts described in paragraphs (1)
and (2).
``(c) Authority To Accept Contributions.--(1) The Secretary of
Defense may accept contributions from the North Atlantic Treaty
Organization and member nations of the North Atlantic Treaty
Organization for the purpose of carrying out a project under subsection
(a).
``(2) Contributions accepted under paragraph (1) shall be placed in
an account established for the purpose of carrying out the project for
which the funds were provided and shall remain available until
expended.
``(3)(A) If contributions are made under paragraph (1) as
reimbursement for a project or portion of a project previously
completed by the Department of Defense, such contributions shall be
credited to--
``(i) the appropriations used for the project or portion
thereof, if such appropriations have not yet expired; or
``(ii) the appropriations for the Program, if the
appropriations described in clause (i) have expired.
``(B) Funding credited under subparagraph (A) shall merge with and
remain available for the same purposes and duration as the
appropriations to which credited.
``(d) Obligation Authority.--The construction agent of the
Department of Defense designated by the Secretary of Defense to execute
a project under subsection (a) may recognize the North Atlantic Treaty
Organization project authorization amounts as budgetary resources to
incur obligations against for the purposes of executing the project.
``(e) Insufficient Contributions.--(1) In the event that the North
Atlantic Treaty Organization does not agree to contribute funding for
all costs necessary for the Department of Defense to carry out a
project under subsection (a), including necessary personnel costs of
the construction agent designated by the Department of Defense,
contract claims, and any conjunctive funding requirements that exceed
the project authorization or standards of the North Atlantic Treaty
Organization, the Secretary of Defense, upon determination that
completion of the project is in the national interest of the United
States, may fund such costs, and undertake such conjunctively funded
requirements not otherwise authorized by law, using any unobligated
funds available among funds appropriated for the Program for military
construction.
``(2) The use of funds under paragraph (1) from appropriations for
the Program may be in addition to or in place of any other funding
sources otherwise available for the purposes for which those funds are
used.
``(f) Authorized Expenditures Defined.--In this section, the term
`authorized expenditures' means project expenses for which the North
Atlantic Treaty Organization has agreed to contribute funding.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 138 of such title is amended by adding at the
end the following new item:
``2350m. Execution of projects under the North Atlantic Treaty
Organization Security Investment Program.''.
(c) Conforming Repeals.--
(1) 2019.--Section 2502 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2252) is amended--
(A) in subsection (a)--
(i) by striking ``(a) Authorization.--Funds'' and
inserting ``Funds''; and
(ii) by striking the second sentence; and
(B) by striking subsection (b).
(2) 2020.--Section 2502 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1874) is
amended--
(A) in subsection (a), by striking ``(a) Authorization.--
Funds'' and inserting ``Funds''; and
(B) by striking subsection (b).
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
----------------------------------------------------------------------------------------------------------------
Installation or
Component 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 $26,000,000
Busan................. Center................
Air Force............................ Daegu Air Base......... AGE Facility and $14,000,000
Parking Apron.........
Air Force............................ Kunsan Air Base........ Backup Generator Plant. $19,000,000
Air Force............................ Osan Air Base.......... Aircraft Corrosion $12,000,000
Control Facility
(Phase 3).............
Air Force............................ Osan Air Base.......... Child Development $20,000,000
Center................
Air Force............................ Osan Air Base.......... Relocate Munitions $84,000,000
Storage Area Delta
(Phase 1).............
Defense-Wide......................... Camp Humphreys......... Elementary School...... $58,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2512. 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 the installation in the State of Qatar, and
in the amounts, set forth in the following table:
State of Qatar Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Air Force............................ Al Udeid............... Billet (A12)........... $63,000,000
Air Force............................ Al Udeid............... Billet (B12)........... $63,000,000
Air Force............................ Al Udeid............... Billet (D10)........... $77,000,000
Air Force............................ Al Udeid............... Billet (009)........... $77,000,000
Air Force............................ Al Udeid............... Billet (007)........... $77,000,000
Air Force............................ Al Udeid............... Armory/Mount........... $7,200,000
Air Force............................ Al Udeid............... Billet (A06)........... $77,000,000
Air Force............................ Al Udeid............... Dining Facility........ $14,600,000
Air Force............................ Al Udeid............... Billet (BOS)........... $77,000,000
Air Force............................ Al Udeid............... Billet (B04)........... $77,000,000
Air Force............................ Al Udeid............... Billet (A04)........... $77,000,000
Air Force............................ Al Udeid............... Billet (AOS)........... $77,000,000
Air Force............................ Al Udeid............... Dining Facility........ $14,600,000
Air Force............................ Al Udeid............... MSG (Base Operations $9,300,000
Support Facility).....
Air Force............................ Al Udeid............... ITN (Communications $3,500,000
Facility).............
----------------------------------------------------------------------------------------------------------------
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 fiscal year 2020
project in Alabama.
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 installations or
locations inside the United States, and in the amounts, set forth in
the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona..................................... Tucson........................................... $18,100,000
Arkansas.................................... Fort Chaffee..................................... $15,000,000
California.................................. Bakersfield...................................... $9,300,000
Colorado.................................... Peterson Air Force Base.......................... $15,000,000
Indiana..................................... Shelbyville...................................... $12,000,000
Kentucky.................................... Frankfort........................................ $15,000,000
Mississippi................................. Brandon.......................................... $10,400,000
Nebraska.................................... North Platte..................................... $9,300,000
New Jersey.................................. Joint Base McGuire-Dix-Lakehurst................. $15,000,000
Ohio........................................ Columbus......................................... $15,000,000
Oklahoma.................................... Ardmore.......................................... $9,800,000
Oregon...................................... Hermiston........................................ $25,035,000
Puerto Rico................................. Fort Allen....................................... $37,000,000
South Carolina.............................. Joint Base Charleston............................ $15,000,000
Tennessee................................... McMinnville...................................... $11,200,000
Texas....................................... Fort Worth....................................... $13,800,000
Utah........................................ Nephi............................................ $12,000,000
Virgin Islands.............................. St. Croix........................................ $39,400,000
Wisconsin................................... 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 installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... Gainesville.................................... $36,000,000
Massachusetts................................. Devens Reserve Forces Training Area............ $8,700,000
North Carolina................................ Asheville...................................... $24,000,000
Wisconsin..................................... Fort McCoy..................................... $17,100,000
----------------------------------------------------------------------------------------------------------------
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 military
construction projects for the Navy Reserve and Marine Corps Reserve
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland...................................... Reisterstown................................... $39,500,000
Minnesota..................................... Naval Operational Support Center Minneapolis... $12,800,000
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 installations
or locations inside the United States, and in the amounts, set forth in
the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Montgomery Regional Airport.................... $23,600,000
Guam.......................................... Joint Region Marianas.......................... $20,000,000
Maryland...................................... Joint Base Andrews............................. $9,400,000
North Dakota.................................. Hector International Airport................... $17,500,000
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 installation inside the United
States, and in the amount, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Texas......................................... Joint Reserve Base Fort Worth.................. $39,200,000
----------------------------------------------------------------------------------------------------------------
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 FISCAL YEAR 2020
PROJECT IN ALABAMA.
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 construct a training barracks 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.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Plan to finish remediation activities conducted by the
Secretary of the Army in Umatilla, Oregon.
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.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.
SEC. 2703. PLAN TO FINISH REMEDIATION ACTIVITIES CONDUCTED BY THE
SECRETARY OF THE ARMY IN UMATILLA, OREGON.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Army shall submit to Congress a plan to finish
remediation activities conducted by the Secretary in Umatilla, Oregon,
by not later than three years after such date of enactment.
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 requirements regarding certain
military construction projects and military family housing
projects, contracts, and agreements.
Sec. 2804. Consideration of energy security and energy resilience in
life-cycle cost for military construction.
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. Responsibility of Navy for military construction requirements
for certain Fleet Readiness Centers.
Subtitle B--Military Family Housing Reforms
Sec. 2811. Modifications and technical corrections related to military
housing privatization reform.
Sec. 2812. Repeal of authority to lease substandard family housing units
to members of the uniformed services.
Sec. 2813. Expenditure priorities in using Department of Defense Family
Housing Improvement Fund.
Sec. 2814. Availability of information regarding assessment of
performance metrics for contracts for provision or management
of privatized military housing.
Sec. 2815. Requirement that Secretary of Defense implement
recommendations relating to military family housing contained
in report by Inspector General of Department of Defense.
Sec. 2816. Promulgation of guidance to facilitate return of military
families displaced from privatized military housing.
Sec. 2817. Promulgation of guidance on relocation of residents of
military housing impacted by presence of mold.
Sec. 2818. 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.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Acceptance of property by military service academies,
professional military education schools, and military museums
subject to naming-rights condition.
Sec. 2822. Codification of reporting requirements regarding United
States overseas military enduring locations and contingency
locations.
Sec. 2823. Promotion of energy resilience and energy security in
privatized utility systems.
Sec. 2824. Vesting exercise of discretion with Secretaries of the
military departments regarding entering into longer-term
contracts for utility services.
Sec. 2825. Use of on-site energy production to promote military
installation energy resilience and energy security.
Sec. 2826. Improved electrical metering of Department of Defense
infrastructure supporting critical missions.
Sec. 2827. Improving water management and security on military
installations.
Sec. 2828. Prohibition relating to closure or return to host nation of
existing military installations, infrastructure, or real
property in Europe.
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. Lease extension, Bryan Multi-Sports Complex, Wayne County,
North Carolina.
Sec. 2838. Land conveyances, 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. Establishment of interagency committees on joint use of
certain land withdrawn from appropriation under public land
laws.
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. Bulk fuel management in United States Indo-Pacific Command
Area of Responsibility.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program to authorize use of cost savings realized from
intergovernmental services agreements for installation-support
services.
Sec. 2862. Department of Defense pilot program to evaluate expansion of
land exchange authority.
Sec. 2863. Pilot program to support combatant command military
construction priorities.
Sec. 2864. Pilot program to test use of emergency diesel generators in a
microgrid configuration at certain military installations.
Sec. 2865. Pilot program to authorize additional military construction
projects for child development centers at military
installations.
Sec. 2866. Department of the Army pilot program for development and use
of online real estate inventory tool.
Subtitle H--Miscellaneous Studies and Reports
Sec. 2871. Reports regarding decision-making process used to locate or
relocate major headquarters and certain military units and
weapon systems.
Sec. 2872. Report on effect of noise restrictions on military
installations and operations and development and
implementation of noise mitigation measures.
Sec. 2873. Study and report regarding continued need for protected
aircraft shelters in Europe and status of United States air
base resiliency in Europe.
Subtitle I--Other Matters
Sec. 2881. Military construction infrastructure and weapon system
synchronization for Ground Based Strategic Deterrent.
Sec. 2882. Defense Community Infrastructure Program.
Sec. 2883. Consideration of certain military family readiness issues in
making basing decisions associated with certain military units
and major headquarters.
Sec. 2884. Department of Defense policy for regulation in military
communities of dangerous dogs kept as pets.
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, excluding funds
appropriated for family housing, that--
``(1) remain unobligated as of the date on which the first
contract would be entered into in support of the national emergency
declaration described in subsection (a); 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
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 congressional defense committees.''.
(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 REQUIREMENTS REGARDING CERTAIN
MILITARY CONSTRUCTION PROJECTS AND MILITARY FAMILY HOUSING PROJECTS,
CONTRACTS, AND AGREEMENTS.
(a) Cost-increase Reports; 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))''.
(c) Delegation and Scope of Housing Privatization Reporting
Requirement.--Section 2884(a) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) in the matter preceding the subparagraphs, by striking
``The Secretary of Defense'' and inserting ``The Secretary
concerned''; and
(B) in subparagraph (A)--
(i) by inserting ``or agreement'' after ``each
contract''; and
(ii) by striking ``that the Secretary proposes to
solicit'';
(2) in paragraph (2)--
(A) in the matter preceding the subparagraphs, by striking
``For each proposed contract, conveyance, or lease described in
paragraph (1), the report required by such paragraph'' and
inserting ``A report required by paragraph (1)''; and
(B) by inserting ``agreement,'' after ``contract,'' each
place it appears; and
(3) in paragraph (3), by inserting ``or agreement'' after
``contract'' each place it appears.
SEC. 2804. CONSIDERATION OF ENERGY SECURITY AND ENERGY RESILIENCE IN
LIFE-CYCLE COST FOR MILITARY CONSTRUCTION.
(a) In General.--Chapter 169 of title 10, United States Code, is
amended by inserting after section 2815 the following new section:
``Sec. 2816. Consideration of energy security and energy resilience in
life-cycle cost for military construction
``(a) In General.--(1) The Secretary concerned, when evaluating the
life-cycle designed cost of a covered military construction project,
shall include as a facility requirement the long-term consideration of
energy security and energy resilience that would ensure that the
resulting facility is capable of continuing to perform its missions,
during the life of the facility, in the event of a natural or human-
caused disaster, an attack, or any other unplanned event that would
otherwise interfere with the ability of the facility to perform its
missions.
``(2) A facility requirement under paragraph (1) shall not be
weighed, for cost purposes, against other facility requirements in
determining the design of the facility.
``(b) Inclusion in the Building Life-cycle Cost Program.--The
Secretary shall include the requirements of subsection (a) in applying
the latest version of the building life-cycle cost program, as
developed by the National Institute of Standards and Technology, to
consider on-site distributed energy assets in a building design for a
covered military construction project.
``(c) Covered Military Construction Project Defined.--(1) In this
section, the term `covered military construction project' means a
military construction project for a facility that is used to perform
critical functions during a natural or human-caused disaster, an
attack, or any other unplanned event.
``(2) For purposes of paragraph (1), the term `facility' includes
at a minimum any of the following:
``(A) Operations centers.
``(B) Nuclear command and control facilities.
``(C) Integrated strategic and tactical warning and attack
assessment facilities.
``(D) Continuity of government facilities.
``(E) Missile defense facilities.
``(F) Air defense facilities.
``(G) Hospitals.
``(H) Armories and readiness centers of the National Guard.
``(I) Communications facilities.
``(J) Satellite and missile launch and control facilities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 169 of title 10, United States Code, is amended
by inserting after the item relating to section 2815 the following new
item:
``2816. Consideration of energy security and energy resilience in life-
cycle cost for military construction.''.
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.
``(c) Application to Military Construction Projects.--This section
shall apply to military construction projects covered by subsection (a)
for which a Department of Defense Form 1391 is submitted to the
appropriate committees of Congress in connection with the budget of the
Department of Defense for fiscal year 2023 and thereafter.''.
(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 (division B of 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 (division B of 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 (division B of 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. 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.
Subtitle B--Military Family Housing Reforms
SEC. 2811. MODIFICATIONS AND TECHNICAL CORRECTIONS RELATED TO MILITARY
HOUSING PRIVATIZATION REFORM.
(a) Chief Housing Officer Oversight Responsibilities.--
(1) Oversight of all military housing.--Section 2890a of title
10, United States Code, is amended--
(A) in subsection (a)(1), by striking ``housing units'' and
inserting ``family housing and military unaccompanied housing
under the jurisdiction of the Department of Defense or acquired
or constructed under subchapter IV of this chapter (in this
section referred to as `covered housing units')''; and
(B) in subsection (b)(1)--
(i) in the matter preceding subparagraph (A), by
striking ``housing under subchapter IV and this
subchapter'' and inserting ``covered housing units''; and
(ii) in subparagraphs (A) and (B), by inserting
``covered'' before ``housing units'' both places it
appears.
(2) Section heading.--The heading of section 2890a of title 10,
United States Code, is amended by inserting before ``Chief Housing
Officer'' the following ``Supervision of military housing by''.
(3) Transfer and redesignation of section.--Section 2890a of
title 10, United States Code, as amended by paragraphs (1) and
(2)--
(A) is transferred to appear after section 2851 of such
title; and
(B) is redesignated as section 2851a.
(b) Rights and Responsibilities of Tenants of Housing Units.--
Section 2890 of title 10, United States Code, is amended--
(1) in subsection (b)(15), by striking ``and held in escrow'';
(2) in subsection (e)(2), in the matter preceding subparagraph
(A), by inserting ``a'' before ``landlord''; and
(3) in subsection (f), by striking paragraph (2) and inserting
the following new subsection:
``(2) Paragraph (1) shall not apply to a nondisclosure agreement
executed--
``(A) as part of the settlement of litigation; or
``(B) to avoid litigation if the tenant has retained legal
counsel or has sought military legal assistance under section 1044
of this title.''.
(c) Contracts for Provision of Housing Units.--Section 2891(e) of
title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``unit'' after ``different housing''; and
(B) in subparagraph (B), by inserting ``the'' before
``tenant''; and
(2) in paragraph (2)(B), by inserting ``the'' before
``tenant'';
(d) Management of Housing Units.--Section 2891a of title 10, United
States Code, is amended--
(1) by adding a period at the end of subsection (b)(2);
(2) in subsection (d), by striking paragraph (11) and inserting
the following new paragraph:
``(11) Upon request by a prospective tenant, a landlord providing a
housing unit shall ensure that the needs of enrollees in the
Exceptional Family Member Program, or any successor program, are
considered in assigning the prospective tenant to a housing unit
provided by the landlord.''; and
(3) in subsection (e)(2)(B) by striking ``the any'' and
inserting ``any''.
(e) Tenant Access to Maintenance Information.--Section 2892a of
title 10, United States Code, is amended by striking the text of such
section and inserting the following:
``(a) Maintenance Information for Prospective Tenants.--The
Secretary concerned shall require each eligible entity or subsequent
landlord that offers for lease a housing unit to provide to a
prospective tenant of the housing unit--
``(1) not later than five business days before the prospective
tenant is asked to sign the lease, a summary of maintenance
conducted with respect to that housing unit for the previous seven
years; and
``(2) not later than two business days after the prospective
tenant requests additional information regarding maintenance
conducted with respect to that housing unit during such period, all
information possessed by the eligible entity or subsequent landlord
regarding such maintenance conducted during such period.
``(b) Maintenance Information for Existing Tenants.--A tenant of a
housing unit who did not receive maintenance information described in
subsection (a) regarding that housing unit while a prospective tenant
may request such maintenance information and shall receive such
maintenance information not later than five business days after the
making the request.
``(c) Maintenance Defined.--In the section, the term `maintenance'
includes any renovations of the housing unit during the period
specified in subsection (a)(1).''.
(f) Treatment of Certain Incentive Fees.--Section 2893 of title 10,
United States Code, is amended by striking ``propensity for'' and
inserting ``pattern of''.
(g) Landlord-tenant Dispute Resolution Process.--Section 2894 of
title 10, United States Code, is amended--
(1) in subsection (b), by adding at the end the following new
paragraph:
``(6) The dispute resolution process shall require the installation
or regional commander (as the case may be) to record each dispute in
the complaint database established under section 2894a of this
title.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``24 hours'' and inserting ``two business
days'';
(B) in paragraph (3)--
(i) by inserting ``business'' before ``days''; and
(ii) by inserting ``, such office'' before ``shall
complete'';
(C) in paragraph (4), in the matter preceding subparagraph
(A), by inserting ``, at a minimum,'' before ``the following
persons'';
(D) in paragraph (5), by inserting ``calendar'' before
``days'' both places it appears; and
(E) by striking paragraph (6) and inserting the following
new paragraph:
``(6) Except as provided in paragraph (5)(B), a final decision
shall be transmitted to the tenant, landlord, and the installation or
regional commander (as the case may be) not later than 30 calendar days
after the request was submitted.''; and
(3) by striking subsections (d) and (e) and inserting the
following new subsections:
``(d) Effect of Failure to Comply With Decision.--(1) If the final
decision rendered under subsection (c) for resolution of a landlord-
tenant dispute includes instructions for the landlord responsible for
the housing unit to further remediate the housing unit, the decision
shall specify a reasonable period of time, but not less than 10
business days, for the landlord to complete the remediation.
``(2) If the landlord does not remediate the issues before the end
of the time period specified in the final decision in a manner
consistent with the instructions contained in the decision, any amounts
payable to the landlord for the housing unit shall be reduced by 10
percent for each period of five calendar days during which the issues
remain unremediated.
``(e) Request to Withhold Payments During Resolution Process.--(1)
As part of the submission of a request for resolution of a landlord-
tenant dispute through the dispute resolution process regarding
maintenance guidelines or procedures or habitability, the tenant may
request that all or part of the payments described in paragraph (3) for
lease of the housing unit be segregated and not used by the property
owner, property manager, or landlord pending completion of the dispute
resolution process.
``(2) The amount allowed to be withheld under paragraph (1) shall
be limited to amounts associated with the period during which--
``(A) the landlord has not met maintenance guidelines and
procedures established by the Department of Defense, either through
contract or otherwise; or
``(B) the housing unit is uninhabitable according to State and
local law for the jurisdiction in which the housing unit is
located.
``(3) This subsection applies to the following:
``(A) Any basic allowance for housing payable to the tenant
(including for any dependents of the tenant in the tenant's
household) under section 403 of title 37.
``(B) All or part of any pay of a tenant subject to allotment
as described in section 2882(c) of this title.''.
(h) Annual Assessment of the Dispute Resolution Process.--Paragraph
(10) of section 2884(c) of title 10, United States Code, is amended to
read as follows:
``(10) An assessment of the dispute resolution process under
section 2894(c) of this title, which shall include a list of
dispute resolution cases by installation and the final outcome of
each case.''.
(i) Payment Authority.--Section 606(a) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. 2871 note), as amended by section 3036 of the
Military Construction Authorization Act for Fiscal Year 2020 (division
B of Public Law 116-92; 133 Stat. 1938), is further amended--
(1) in paragraph (1)(A), by inserting ``monthly'' before
``payments'';
(2) in paragraph (2)(A), by striking ``payments to'' and all
that follows through ``subparagraph (C)'' and inserting ``monthly
payments, under such terms and in such amounts as determined by the
Secretary, to one of more lessors responsible for underfunded MHPI
housing projects identified pursuant to subparagraph (C) under the
jurisdiction of the Secretary''; and
(3) in paragraph (3)(B), by inserting ``that'' before
``require''.
(j) Suspension of Resident Energy Conservation Program.--Section
3063(b) of the Military Construction Authorization Act for Fiscal Year
2020 (division B of Public Law 116-92; 133 Stat. 1947; 10 U.S.C. 2867
note) is amended--
(1) by inserting ``covered by a program suspended under
subsection (a)'' after ``privatized military housing'' the first
place it appears; and
(2) by striking ``on the installation military housing unit''.
(k) Clerical Amendments.--
(1) Chief housing officer.--
(A) Addition.--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. Supervision of military housing by Chief Housing Officer.''.
(B) Repeal.--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 2890a.
(2) Disclosure of personally identifiable information.--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 2892b and inserting the following new item:
``2892b. Prohibition on requirement to disclose personally identifiable
information in requests for certain maintenance.''.
SEC. 2812. REPEAL OF AUTHORITY TO LEASE SUBSTANDARD FAMILY HOUSING
UNITS TO MEMBERS OF THE UNIFORMED SERVICES.
(a) Repeal.--Section 2830 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 169 of title 10, United States Code, is
amended by striking the item relating to section 2830.
SEC. 2813. 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 asset recapitalization, operating expenses, and debt
payments before other program management-incentive fee expenditures. In
the case of asset recapitalization, the primary purpose of the
expenditures must be to sustain existing housing units owned or managed
by the eligible entity or for which the eligible entity is otherwise
responsible.''.
(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. 2814. AVAILABILITY OF INFORMATION REGARDING ASSESSMENT OF
PERFORMANCE METRICS FOR CONTRACTS FOR PROVISION OR MANAGEMENT OF
PRIVATIZED MILITARY HOUSING.
(a) Availability of Performance Metrics Assessments; Method of
Providing.--Section 2891c(b) of title 10, United States Code, is
amended--
(1) in the subsection heading, by inserting ``Performance
Metrics and'' before ``Use of Incentive Fees''; and
(2) in paragraph (1), by striking ``shall publish, on a
publicly accessible website, information'' and inserting the
following: ``shall make available, upon request of a tenant, at the
applicable installation housing office the following:
``(A) An assessment of the indicators underlying the
performance metrics for each contract for the provision or
management of housing units to ensure such indicators adequately
measure the condition and quality of each housing unit covered by
the contract.
``(B) Information''.
(b) Description of Indicators Underlying Performance Metrics.--
Section 2891c(b) of title 10, United States Code, is further amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) For purposes of paragraph (1)(A), the indicators
underlying the performance metrics for a contract for the provision or
management of housing units shall measure at a minimum the following:
``(i) Tenant satisfaction.
``(ii) Maintenance management.
``(iii) Safety.
``(iv) Financial management.
``(B) An assessment required to be made available under paragraph
(1)(A) shall include a detailed description of each indicator
underlying the performance metrics, including the following
information:
``(i) The limitations of available survey data.
``(ii) How tenant satisfaction and maintenance management is
calculated.
``(iii) Whether any relevant data is missing.''.
(c) Conforming Amendments.--Paragraph (3) of section 2891c(b) of
title 10, United States Code, as redesignated by subsection (b)(1), is
amended--
(1) by striking ``paragraph (1)'' and inserting ``paragraph
(1)(B)''; and
(2) by striking ``each contract'' and inserting ``each contract
for the provision or management of housing units''.
(d) Clerical Amendments.--
(1) 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''.
(2) 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.''.
SEC. 2815. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT
RECOMMENDATIONS RELATING TO MILITARY FAMILY HOUSING CONTAINED IN REPORT
BY INSPECTOR GENERAL OF DEPARTMENT OF DEFENSE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall implement the recommendations of the
Inspector General of the Department of Defense contained in the report
of the Inspector General dated April 30, 2020, and entitled
``Evaluation of the DoD's Management of Health and Safety Hazards in
Government-Owned and Government-Controlled Military Family Housing''.
SEC. 2816. 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 assist such commanders and offices in
facilitating and managing the relocation and return of tenants of
privatized military housing when tenants are displaced from such
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) Financial Impact of Displacement.--As part of the promulgation
of the guidance, the Secretary of Defense shall consider--
(1) the extent to which displaced tenants of privatized
military housing under the circumstances described in subsection
(a) incur relocation, per diem, or similar expenses as a direct
result of such displacement that are not covered by a landlord,
insurance, or claims process; and
(2) the feasibility of providing reimbursement for uncovered
expenses.
(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 implementation of the guidance at military
installations under the jurisdiction of the Secretary concerned, while
recognizing that the guidance cannot anticipate every situation in
which tenants of privatized military housing must be displaced from
such housing under the circumstances described in subsection (a).
(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. 2817. PROMULGATION OF GUIDANCE ON RELOCATION OF RESIDENTS OF
MILITARY HOUSING IMPACTED BY PRESENCE OF MOLD.
As part of the process developed by the Secretary of Defense
pursuant to section 3053 of the Military Construction Authorization Act
for Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat. 1943;
10 U.S.C. 2821 note) to identify, record, and resolve environmental
health hazards in military housing, the Secretary shall promulgate
guidance regarding situations in which the presence of mold in a unit
of housing under the jurisdiction of the Department of Defense
(including privatized military housing) is an emergency situation
requiring the relocation of the residents of the unit.
SEC. 2818. 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.
Subtitle C--Real Property and Facilities Administration
SEC. 2821. ACCEPTANCE OF PROPERTY BY MILITARY SERVICE ACADEMIES,
PROFESSIONAL MILITARY EDUCATION SCHOOLS, AND MILITARY MUSEUMS SUBJECT
TO NAMING-RIGHTS CONDITION.
(a) Authority to Accept Personal Property Subject to Condition.--
Section 2601(e) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``Real'';
(2) in paragraph (1), by inserting ``or personal'' after
``real'' both places it appears; and
(3) in paragraph (3)(B), by inserting ``or personal'' after
``real''.
(b) Eligible Recipients.--Section 2601(e) of title 10, United
States Code, is further amended--
(1) in paragraph (1), by striking ``the United States Military
Academy, the Naval Academy, the Air Force Academy, or the Coast
Guard Academy'' and inserting ``an eligible entity''; and
(2) by adding at the end the following new paragraph:
``(5) In this subsection, the term `eligible entity' means each of
the following:
``(A) The United States Military Academy, the Naval Academy,
the Air Force Academy, and the Coast Guard Academy.
``(B) The professional military education schools listed in
section 2162(d) of this title and the Defense Acquisition
University.
``(C) A military museum.''.
SEC. 2822. 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) the status of 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 list of overseas military locations. For any overseas
military location established during the previous fiscal year, the
reasons for the establishment of the overseas military location.
``(B) A description of the strategic goal and operational
requirements supported by each overseas military location.
``(C) A list of each construction or facility improvement
project carried out by the Department of Defense regardless of the
funding source, and each construction or facility improvement
project accepted as a payment-in-kind, at overseas military
locations during the previous fiscal year if the construction or
facility improvement project was not specifically authorized in a
Military Construction Authorization Act or congressional notice of
the construction or facility improvement project was not provided
by another means. Each construction or facility improvement project
on the list shall be delineated by project location, project title
or description, project cost, including costs covered by the host
country, and authority used to undertake the project.
``(D) For each overseas military location first designated as
an enduring location in one of the previous two required reports, a
list of required construction and facility improvement projects
anticipated to be carried out by the Department of Defense directly
or through the acceptance of payments-in-kind during the fiscal
year in which the report is submitted and the next four fiscal
years. Each construction or facility improvement project on the
list shall be delineated by project location, project title or
description, estimated project cost, including costs anticipated to
be covered by the host country, and authority to be used to
undertake the project.
``(E) An overview of any annual lease or access costs to the
United States for each overseas military location designated as an
enduring location.
``(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.
``(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 any force protection risks identified for
cooperative security locations and contingency locations, the
actions proposed to mitigate such risks, and the resourcing and
implementation plan to implement the mitigation actions.
``(I) Such other such matters related to overseas military
locations as the Secretary of Defense considers appropriate.
``(3) In this subsection:
``(A)(i) The term `overseas military location' covers both
enduring locations and contingency locations established outside
the United States.
``(ii) 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.
``(iii) 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.
``(B)(i) The term `construction or facility improvement
project' includes any construction, development, conversion, or
extension of a building, structure, or other improvement to real
property carried out at an overseas military location, whether to
satisfy temporary or permanent requirements, and any acquisition of
land for an overseas military location.
``(ii) The term does not include repairs to a building,
structure, or other improvement to real property, unless the
building, structure, or other improvement cannot effectively be
used for its designated functional purpose in the absence of the
repairs.
``(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) Temporary Continuation of Superceded Reporting Requirement.--
Until the Secretary of Defense submits the first report required by
section 2687a(a) of title 10, United States Code, that includes the
information required by paragraph (2) of such section, as added by
subsection (a), the Secretary of Defense shall continue to prepare and
submit the report required by section 2816 of the Military Construction
Authorization Act for Fiscal Year 2016 (division B of Public Law 114-
92; 129 Stat. 1176), notwithstanding the expiration of such reporting
requirement.
SEC. 2823. PROMOTION OF ENERGY RESILIENCE AND ENERGY SECURITY IN
PRIVATIZED UTILITY SYSTEMS.
(a) Utility Privatization Contract Renewals.--Section 2688(d)(2) of
title 10, United States Code, is amended--
(1) in the first sentence, by inserting ``or the renewal of
such a contract'' after ``paragraph (1)'';
(2) in the second sentence, by striking ``the contract.'' and
inserting ``the contract or contract renewal.''; and
(3) by adding at the end the following new sentence: ``A
renewal of a contract pursuant to this paragraph may be entered
into only within the last five years of the existing contract
term.''.
(b) Availability of ERCIP Funds for Privatized Utility System
Activities.--Section 2914 of title 10, United States Code, as amended
by section 2805, is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Relation to Certain Other Authorities.--A project under this
section may include--
``(1) activities related to a utility system 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 covered by the project; and
``(2) 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. 2824. VESTING EXERCISE OF DISCRETION WITH SECRETARIES OF THE
MILITARY DEPARTMENTS REGARDING ENTERING INTO LONGER-TERM CONTRACTS FOR
UTILITY SERVICES.
Section 2688(d)(2) of title 10, United States Code, as amended by
section 2823, is further amended in the first sentence--
(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. 2825. 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 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(h) of title 10, United
States Code, as added by paragraph (1).
SEC. 2826. 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 comparison of such data to the
designed maximum rating of the incoming electric supply to
determine the maximum electrical load for the covered defense
structure.
(c) Cybersecurity.--The Secretary of Defense and the Secretaries of
the military departments shall consult with the Chief Information
Officer of the Department of Defense to ensure that the electrical
energy metering options considered under subsection (b) do not
compromise the cybersecurity of Department of Defense networks.
(d) 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.
(e) 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.
(f) 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. 2827. 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 feasibility 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
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 one 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. 2828. PROHIBITION RELATING TO CLOSURE OR RETURN TO HOST NATION OF
EXISTING MILITARY INSTALLATIONS, INFRASTRUCTURE, OR REAL PROPERTY IN
EUROPE.
(a) Prohibition on Closure or Return.--Except as provided by
subsection (b), the Secretary of Defense shall not implement any
activity that closes or returns to the host nation any military
installation, infrastructure, or real property in Europe that, as of
the date of enactment of this Act, is under the operational control of
the Department of Defense or a military department and is utilized by
the United States Armed Forces.
(b) Waiver and Exception.--The Secretary of Defense may waive the
prohibition under subsection (a) if the Secretary certifies to the
congressional defense committees that there is no longer a foreseeable
need for the military installation, infrastructure, or real property,
or a portion of the military installation in the case of a partial
closure and return of a military installation, to support a permanent
or rotational United States military presence in the European theater.
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 of the Army shall modify the conveyance authorized
by such subsection to exclude the portion of the parcel to be accepted
by that department or agency.
(c) Conveyance Alternatives.--
(1) Public benefit conveyance.--The Secretary of the Army may
assign the real property described in subsection (a) to the
Secretary of Transportation for conveyance under such subsection 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 conveyance.--
(A) Amount and determination.--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 that is not less than the fair
market value of the property to be conveyed. The Secretary of
the Army shall determine the fair market value of the property
using an independent appraisal based on the highest and best
use of the property.
(B) Deposit and availability.--The Secretary shall deposit
cash payment received under subparagraph (A) in the special
account in the Treasury established for that Secretary under
section 2667(e) of title 10, United States Code. The entire
amount deposited shall be available for use in accordance with
paragraph (1)(C) of such section. Paragraph (1)(D) of such
section shall not apply to the entire amount deposited.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Army shall require
the Port of Stockton 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 authorized by 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.
(e) 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.
(f) 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.
(g) Sunset.--If the real property authorized for conveyance by
subsection (a) is not conveyed within one 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 applicable 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 September 4, 2020.
(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 one 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
three years after the date of the 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) 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. LEASE EXTENSION, BRYAN MULTI-SPORTS COMPLEX, WAYNE COUNTY,
NORTH CAROLINA.
(a) Authority.--In the case of the existing lease with the City of
Goldsboro, North Carolina, regarding the approximately 62-acre Bryan
Multi-Sports Complex located in Wayne County, North Carolina, the
Secretary of the Air Force may enter into an agreement with the City of
Goldsboro to extend the term of the lease for the purpose of permitting
the City to continue to operate a sports and recreation facility for
the benefit of both the Air Force and the community.
(b) Duration.--The duration of the lease extension provided by the
Secretary of the Air Force under subsection (a) may not exceed 30
years, providing a total lease period not to exceed 50 years for the
lease described in such subsection.
(c) Payments Under the Lease.--The Secretary of the Air Force may
waive the requirement under section 2667(b)(4) of title 10, United
States Code, with respect to the lease extension authorized by
subsection (a) if the Secretary determines that extension of the lease
described in such subsection enhances the quality of life of members of
the Armed Forces.
SEC. 2838. LAND CONVEYANCES, MILAN ARMY AMMUNITION PLANT, TENNESSEE.
(a) Conveyances Authorized.--
(1) City of milan, tennessee.--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,
that run parallel to Highway 45 and consist of a total of
approximately 292 acres.
(2) University of tennessee.--The Secretary of the Army may
convey, without consideration, to the University of Tennessee (in
this section referred to as the ``University'') all right, title,
and interest of the United States in and to parcels of real
property, including any improvements thereon and parcels currently
leased to the University, at Milan Army Ammunition Plant that
consist of a total of approximately 900 acres for the purpose of
permitting the University to use the parcels for education
research.
(b) Consideration.--
(1) Amount and determination.--As consideration for the
conveyance authorized by subsection (a)(1), the City shall pay to
the Secretary of the Army an amount that is not less than the fair
market value of the property to be conveyed under such subsection,
as determined by an appraisal approved by the Secretary.
(2) Deposit and availability.--The Secretary of the Army shall
deposit the cash payment received under paragraph (1) in the
special account in the Treasury established for that Secretary
under section 2667(e) of title 10, United States Code. The entire
amount deposited shall be available for use in accordance with
paragraph (1)(C) of such section. Paragraph (1)(D) of such section
shall not apply to the entire amount deposited.
(c) Reversionary Interest.--
(1) Interest retained.--If the Secretary of the Army determines
at any time that the property conveyed to the University under
subsection (a)(2) is not being used in accordance with the purpose
of the conveyance specified in such subsection, 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. A
determination by the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(2) Alternative consideration option.--In lieu of exercising
the reversionary interest retained under paragraph (1), the
Secretary of the Army may accept an offer by the University to pay
to the Secretary an amount equal to the fair market value of the
property conveyed under subsection (a)(2), excluding the value of
any improvements on the conveyed property constructed without
Federal funds after the date the conveyance is completed, as
determined by the Secretary. Subsection (b)(2) shall apply to any
cash payment received by the Secretary under this paragraph.
(d) Payment of Costs of Conveyance.--
(1) Conveyance to city.--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 authorized by subsection
(a)(1), including survey costs, appraisal costs, costs for
environmental documentation related to the conveyance, and any
other administrative costs related to the conveyance.
(2) Conveyance to university.--The Secretary shall require the
University 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 authorized by subsection (a)(2),
including survey costs, appraisal costs, costs for environmental
documentation related to the conveyance, and any other
administrative costs related to the conveyance.
(3) Treatment of amounts received.--Amounts received as
reimbursement under paragraphs (1) and (2) shall be credited to the
fund or account that was used to pay the costs incurred by the
Secretary in carrying out the conveyances 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.
(e) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary of the Army.
(f) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
conveyances authorized by 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. ESTABLISHMENT OF INTERAGENCY COMMITTEES ON JOINT USE OF
CERTAIN LAND WITHDRAWN FROM APPROPRIATION UNDER PUBLIC LAND LAWS.
(a) Interagency Executive Committee on Joint Use by Department of
the Navy and Department of the Interior of Naval Air Station Fallon
Ranges.--Section 3011(a) of the Military Lands Withdrawal Act of 1999
(Public Law 106-65; 113 Stat. 885) is amended by adding at the end the
following new paragraph:
``(5) Intergovernmental executive committee.--
``(A) Establishment.--The Secretary of the Navy and the
Secretary of the Interior shall jointly establish, by
memorandum of understanding, an intergovernmental executive
committee (referred to in this paragraph as the `executive
committee'), for the purpose of exchanging views, information,
and advice relating to the management of the natural and
cultural resources of the land described in paragraph (2).
``(B) Memorandum of understanding.--The memorandum of
understanding entered into under subparagraph (A) shall
include--
``(i) a description of the officials and other
individuals to be invited to participate as members in the
executive committee under subparagraph (C);
``(ii) a description of the duties of the Chairperson
and Vice Chairperson of the executive committee; and
``(iii) subject to subparagraphs (D) and (E), a
procedure for--
``(I) creating a forum to carry out the purpose
described in subparagraph (A);
``(II) rotating the Chairperson of the executive
committee; and
``(III) scheduling regular meetings of the
executive committee.
``(C) Membership.--The executive committee shall be
comprised of--
``(i) 1 representative of the Nevada Department of
Wildlife;
``(ii) 1 representative of the Nevada Department of
Conservation and Natural Resources;
``(iii) 1 county commissioner from each of Churchill,
Lyon, Nye, Mineral, and Pershing Counties, Nevada;
``(iv) 1 representative of each Indian tribe in the
vicinity of the land described in paragraph (2); and
``(v) not more than 3 members that the Secretary of the
Navy and the Secretary of the Interior jointly determine
would advance the goals and objectives of the executive
committee.
``(D) Chairperson and vice chairperson.--The members of the
executive committee shall elect from among the members--
``(i) 1 member to serve as Chairperson of the executive
committee; and
``(ii) 1 member to serve as Vice Chairperson of the
executive committee.
``(E) Meetings.--
``(i) Frequency.--The executive committee shall meet
not less frequently than 3 times each calendar year.
``(ii) Location.--The location of the meetings of the
executive committee shall rotate to facilitate ease of
access for all members of the executive committee.
``(iii) Public accessibility.--The meetings of the
executive committee shall--
``(I) be open to the public; and
``(II) serve as a forum for the public to provide
comments regarding the natural and cultural resources
of the land described in paragraph (2).
``(F) Conditions and terms.--
``(i) In general.--Each member of the executive
committee shall serve voluntarily and without compensation.
``(ii) Term of appointment.--
``(I) In general.--Except as provided in subclause
(II)(bb), each member of the executive committee shall
be appointed for a term of 4 years.
``(II) Original members.--Of the members initially
appointed to the executive committee, the Secretary of
the Navy and the Secretary of the Interior shall
select--
``(aa) \1/2\ to serve for a term of 4 years;
and
``(bb) \1/2\ to serve for a term of 2 years.
``(iii) Reappointment and replacement.--The Secretary
of the Navy and the Secretary of the Interior may reappoint
or replace, as appropriate, a member of the executive
committee if--
``(I) the term of the member has expired;
``(II) the member has resigned; or
``(III) the position held by the member has changed
to the extent that the ability of the member to
represent the group or entity that the member
represents has been significantly affected.
``(G) Liaisons.--The Secretary of the Navy and the
Secretary of the Interior shall each appoint appropriate
operational and land management personnel of the Department of
the Navy and the Department of the Interior, respectively, to
serve as liaisons to the executive committee.''.
(b) Joint Access and Use by Department of the Air Force and
Department of the Interior of Nevada Test and Training Range and Desert
National Wildlife Refuge.--
(1) United states fish and wildlife service and department of
the air force coordination.--Section 3011(b)(5) of the Military
Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) is
amended by adding at the end the following new subparagraph:
``(G) Interagency committee.--
``(i) In general.--The Secretary of the Interior and
the Secretary of the Air Force shall jointly establish an
interagency committee (referred to in this subparagraph as
the `interagency committee') to facilitate coordination,
manage public access needs and requirements, and minimize
potential conflict between the Department of the Interior
and the Department of the Air Force with respect to joint
operating areas within the Desert National Wildlife Refuge.
``(ii) Membership.--The interagency committee shall
include only the following members:
``(I) Representatives from the United States Fish
and Wildlife Service.
``(II) Representatives from the Department of the
Air Force.
``(III) The Project Leader of the Desert National
Wildlife Refuge Complex.
``(IV) The Commander of the Nevada Test and
Training Range, Nellis Air Force Base.
``(iii) Report to congress.--The interagency committee
shall biannually submit to the Committees on Armed
Services, Environment and Public Works, and Energy and
Natural Resources of the Senate and the Committees on Armed
Services and Natural Resources of the House of
Representatives, and make available publicly online, a
report on the activities of the interagency committee.''.
(2) Intergovernmental executive committee.--Such section is
further amended by adding at the end the following new
subparagraph:
``(H) Intergovernmental executive committee.--
``(i) Establishment.--The Secretary of the Interior and
the Secretary of the Air Force shall jointly establish, by
memorandum of understanding, an intergovernmental executive
committee (referred to in this subparagraph as the
`executive committee') in accordance with this
subparagraph.
``(ii) Purpose.--The executive committee shall be
established for the purposes of--
``(I) exchanging views, information, and advice
relating to the management of the natural and cultural
resources of the lands withdrawn and reserved by this
section; and
``(II) discussing and making recommendations to the
interagency committee established under subparagraph
(G) with respect to public access needs and
requirements.
``(iii) Composition.--The executive committee shall
comprise the following members:
``(I) Federal agencies.--The Secretary of the
Interior and the Secretary of the Air Force shall each
appoint 1 representative from an interested Federal
agency.
``(II) State government.--The Secretary of the
Interior and the Secretary of the Air Force shall
jointly invite 1 representative of the Nevada
Department of Wildlife.
``(III) Local governments.--The Secretary of the
Interior and the Secretary of the Air Force shall
jointly invite 1 county commissioner of each of Clark,
Nye, and Lincoln Counties, Nevada.
``(IV) Tribal governments.--The Secretary of the
Interior and the Secretary of the Air Force shall
jointly invite 1 representative of each Indian tribe in
the vicinity of the portions of the joint use area of
the Desert National Wildlife Refuge where the Secretary
of the Interior exercises primary jurisdiction.
``(V) Public.--The Secretary of the Interior and
the Secretary of the Air Force shall jointly invite not
more than 3 private individuals who the Secretary of
the Interior and the Secretary of the Air Force jointly
determine would further the goals and objectives of the
executive committee.
``(VI) Additional members.--The Secretary of the
Interior and the Secretary of the Air Force may
designate such additional members as the Secretary of
the Interior and the Secretary of the Air Force jointly
determine to be appropriate.
``(iv) Operation.--The executive committee shall
operate in accordance with the terms set forth in the
memorandum of understanding under clause (i), which shall
specify the officials or other individuals to be invited to
participate in the executive committee in accordance with
clause (iii).
``(v) Procedures.--Subject to clauses (vi) and (vii),
the memorandum of understanding under clause (i) shall
establish procedures for--
``(I) creating a forum for carrying out the purpose
described in clause (ii);
``(II) rotating the Chairperson of the executive
committee; and
``(III) scheduling regular meetings.
``(vi) Chairperson and vice chairperson.--
``(I) In general.--The members of the executive
committee shall elect from among the members--
``(aa) 1 member to serve as the Chairperson of
the executive committee; and
``(bb) 1 member to serve as the Vice
Chairperson of the executive committee.
``(II) Duties.--The duties of each of the
Chairperson and the Vice Chairperson shall be included
in the memorandum of understanding under clause (i).
``(vii) Meetings.--
``(I) Frequency.--The executive committee shall
meet not less frequently than 3 times each calendar
year.
``(II) Meeting locations.--Locations of meetings of
the executive committee shall rotate to facilitate ease
of access for all executive committee members.
``(III) Public accessibility.--Meetings of the
executive committee shall--
``(aa) be open to the public; and
``(bb) provide a forum for the public to
provide comment regarding the management of, and
public access to, the Nevada Test and Training
Range and the Desert National Wildlife Refuge.
``(viii) Conditions and terms of appointment.--
``(I) In general.--Each member of the executive
committee shall serve voluntarily and without
compensation.
``(II) Term of appointment.--
``(aa) In general.--Each member of the
executive committee shall be appointed for a term
of 4 years.
``(bb) Original members.--Notwithstanding item
(aa), the Secretary of the Interior and the
Secretary of the Air Force shall select--
``(AA) \1/2\ of the original members of the
executive committee to serve for a term of 4
years; and
``(BB) \1/2\ of the original members of the
executive committee to serve for a term of 2
years.
``(III) Reappointment and replacement.--The
Secretary of the Interior and the Secretary of the Air
Force may reappoint or replace a member of the
executive committee if--
``(aa) the term of the member has expired;
``(bb) the member has resigned; or
``(cc) the position held by the member has
changed to the extent that the ability of the
member to represent the group or entity that the
member represents has been significantly affected.
``(ix) Liaisons.--The Secretary of the Air Force and
the Secretary of the Interior shall each appoint
appropriate operational and land management personnel of
the Department of the Air Force and the Department of the
Interior, respectively, to participate in, and serve as
liaisons to, the executive committee.''.
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 ``two 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) 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.
(4) 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. BULK FUEL MANAGEMENT IN UNITED STATES INDO-PACIFIC COMMAND
AREA OF RESPONSIBILITY.
(a) Designation of Responsible Organizational Element.--
(1) Designation required.--The Secretary of Defense shall
designate a single organizational element of the Department of
Defense to be responsible for bulk fuel management and delivery
throughout the United States Indo-Pacific Command Area of
Responsibility.
(2) Deadline for designation; notice.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
Defense shall make the designation required by paragraph (1) and
notify the Committees on Armed Services of the Senate and the House
of Representatives of the organizational element so designated.
(b) Bulk Fuel Management Strategy.--
(1) Strategy required.--The organizational element designated
pursuant to subsection (a) shall prepare a bulk fuel management
strategy for the United States Indo-Pacific Command Area of
Responsibility designed to develop the required bulk fuel
management infrastructure and programs to optimally support bulk
fuel management in the United States Indo-Pacific Command Area of
Responsibility.
(2) Additional elements.--The strategy shall include the
following additional elements:
(A) 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.
(B) A description of legacy bulk fuel management assets
that can be used to support the United States Indo-Pacific
Command.
(C) A description of current programs for platforms and
weapon systems and research and development aimed at managing
fuel constraints through decreasing demand.
(c) Coordination.--The bulk fuel management strategy required by
subsection (b) shall be prepared in coordination with subject-matter
experts of the United States Indo-Pacific Command, the United States
Transportation Command, the Defense Logistics Agency, and the military
departments.
(d) Prohibition on Certain Construction Pending Notice.--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, not more than 50 percent may be obligated or
expended before the date on which the notice required by subsection
(a)(2) is submitted.
Subtitle G--Authorized Pilot Programs
SEC. 2861. PILOT PROGRAM TO AUTHORIZE USE OF COST SAVINGS REALIZED FROM
INTERGOVERNMENTAL SERVICES AGREEMENTS FOR INSTALLATION-SUPPORT
SERVICES.
(a) Pilot Program Required.--Section 2679 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):
``(e) Pilot Program for Use of Cost Savings Realized.--(1) Each
Secretary concerned shall conduct a pilot program under which the
Secretary will make available to the commander of each military
installation for which cost savings are realized as a result of an
intergovernmental support agreement entered into under this section an
amount equal to not less than 25 percent of the amount of such cost
savings for that military installation for a fiscal year.
``(2) Amounts made available to an installation commander under
paragraph (1) shall be used solely to address sustainment restoration
and modernization requirements that have been approved by the major
subordinate command or equivalent component.
``(3) With respect to each military installation for which amounts
are made available to the installation commander under paragraph (1),
the Secretary concerned shall certify, not less frequently than
annually for each fiscal year of the pilot program, to the
congressional defense committees the following:
``(A) The name of the installation and the amount of the cost
savings achieved at the installation.
``(B) The source and type of intergovernmental support
agreement that achieved the cost savings.
``(C) The amount of the cost savings made available to the
installation commander under paragraph (1).
``(D) The sustainment restoration and modernization purposes
for which the amount made available under paragraph (1) were used.
``(4) The authority to conduct the pilot program shall expire
September 30, 2025.''.
(b) Promulgation of Guidance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
promulgate guidance for the development of the pilot program required
by subsection (e) of section 2679 of title 10, United States Code, as
added by subsection (a).
SEC. 2862. DEPARTMENT OF DEFENSE PILOT PROGRAM TO EVALUATE EXPANSION OF
LAND EXCHANGE AUTHORITY.
(a) Pilot Program Required.--Section 2869(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(3)(A) The Secretary of Defense shall establish a pilot program
under which the Secretary concerned, during the term of the pilot
program, may use the authority provided by paragraph (1) to also convey
real property, including any improvements thereon, described in
paragraph (2) to any person who agrees, in exchange for the real
property, to provide--
``(i) installation-support services (as defined in 2679(e) of
this title); or
``(ii) a new facility or improvements to an existing facility.
``(B) The acquisition of a facility or improvements to an existing
facility using the authority provided by subparagraph (A) shall not be
treated as a military construction project for which an authorization
is required by section 2802 of this title.
``(C) The expanded conveyance authority provided by subparagraph
(A) applies only during the five-year period beginning on the date on
which the Secretary of Defense issues guidance regarding the use by the
Secretaries concerned of such authority.''.
(b) Conditions on Use of Expanded Conveyance Authority.--Section
2869(b) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``of the land to
be'' and inserting ``of the real property, installation-support
services, or facility or improvements to an existing
facility''; and
(B) 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, or facility or
improvements received by the Secretary''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary concerned may agree to accept a facility or
improvements to an existing facility under subsection (a)(3) only if
the Secretary concerned determines that the 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) Issuance of Guidance.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall issue
guidance providing for the implementation of the pilot program required
by section 2869(a)(3) of title 10, United States Code, as added by this
section.
SEC. 2863. 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 two 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. 2864. 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 circumstance.
(b) Goals 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. 2865. PILOT PROGRAM TO AUTHORIZE ADDITIONAL MILITARY CONSTRUCTION
PROJECTS FOR CHILD DEVELOPMENT CENTERS AT MILITARY INSTALLATIONS.
(a) Authorization of Additional Projects.--Each Secretary of a
military department shall conduct a pilot program under which the
Secretary may carry out military construction projects for child
development centers at military installations, as specified in the
funding table in section 4601 of a National Defense Authorization Act
for a fiscal year covered by the pilot program. The military
construction projects authorized under the pilot program are in
addition to other military construction projects authorized by this Act
or other National Defense Authorization Acts for fiscal years covered
by the pilot program.
(b) Reporting Requirement as Condition of Authorization.--
(1) Report required.--Not later than 90 days after the date of
the enactment of a National Defense Authorization Act for a fiscal
year covered by the pilot program, the Secretary of the military
department concerned shall submit to the congressional defense
committees a report that describes the location, title, and cost,
together with a Department of Defense Form 1391, for each military
construction project the Secretary proposes to carry out under the
pilot program pursuant to that National Defense Authorization Act.
(2) Timing of availability of funds.--No funds may be obligated
or expended for a military construction project under the pilot
program--
(A) unless the project is included in a report submitted
under paragraph (1); and
(B) until the expiration of the 30-day period beginning on
the date on which the Secretary concerned submits the report
under paragraph (1) in which the project is included.
(c) Expiration of Authorization.--Section 2002 of a National
Defense Authorization Act for a fiscal year covered by the pilot
program shall apply with respect to the authorization of a military
construction project carried out under the pilot program pursuant to
that National Defense Authorization Act in the same manner as such
section applies to the authorization of military construction projects
contained in titles XXI through XXIII of that National Defense
Authorization Act.
(d) Covered Fiscal Years.--The pilot program shall be carried out
for each of fiscal years 2021 through 2025, as provided in the National
Defense Authorization Act for that fiscal year.
SEC. 2866. DEPARTMENT OF THE ARMY PILOT PROGRAM FOR DEVELOPMENT AND USE
OF ONLINE REAL ESTATE INVENTORY TOOL.
(a) Pilot Program Required.--
(1) Establishment.--The Secretary of the Army shall establish a
pilot program for the development of an online real estate tool to
identify the existing inventory of space available at the Army
installations selected by the Secretary under paragraph (2) for the
purposes specified in subsection (b).
(2) Selection of pilot locations.--The Secretary shall evaluate
the online inventory tool at not less than five, but not more than
10, Army installations selected by the Secretary as appropriate
locations for evaluation of the online inventory tool.
(3) Consultation.--The Secretary shall establish the pilot
program and develop the online inventory tool in consultation with
the Administrator of General Services and the Assistant Secretary
of Defense for Sustainment.
(b) Purposes.--The purposes of the online inventory tool are--
(1) to achieve efficiencies in real estate property management
consistent with the National Defense Strategy goal of finding
greater efficiencies within Department of Defense operations;
(2) to provide a means to better market to the public
information regarding space available at Army installations for
better utilization of such space; and
(3) to provide a means to better quantify existing space
available at Army installations and how it is utilized for current
missions and requirements.
(c) Considerations.--To establish the pilot program, the Secretary
of the Army shall--
(1) consider innovative approaches, including the use of other
transaction authorities consistent with section 2371 of title 10,
United States Code, and the use of commercial off-the-shelf
technologies;
(2) develop appropriate protections of sensitive or classified
information from being included with the online inventory tool; and
(3) develop appropriate levels of access for private sector
users of the online inventory tool.
(d) Establishment of Use Policy.--In connection with the
development of the online inventory tool, the Secretary of the Army
shall develop policy requiring the use of the online inventory tool at
the Army installations selected under subsection (a)(2) to query for
existing inventory at such installations before any military
construction or off-post leases are agreed to for such installations.
The Secretary shall ensure that all relevant notifications to
congressional defense committees include certification that the online
inventory tool was used.
(e) Online Inventory Tool Defined.--In this section, the term
``online inventory tool'' means the online real estate tool developed
under the pilot program to identify existing inventory of space
available at Army installations selected to participate in the pilot
program.
(f) 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.).
(g) Reporting Requirement.--Not later than February 15, 2025, the
Secretary of the Army shall submit to Committees on Armed Services of
the Senate and the House of Representatives a report evaluating the
success of the pilot program in achieving the purposes specified in
subsection (b). At a minimum, the report also shall identify and
contain the following:
(1) The Army installations selected under subsection (a)(2) to
participate in the pilot program.
(2) The number of real estate agreements entered into by the
Department of the Army that were facilitated by use of the online
inventory tool, including for each agreement the installation,
amount of space, value, and purpose of the agreement.
(3) An evaluation of the extent to which use of the online
inventory tool reduced the need for military construction or off-
post leases.
(4) An evaluation of any impediments to efficient use of the
online inventory tool.
(5) The recommendations of the Secretary regarding whether the
pilot program should be extended, expanded, or made permanent.
(h) Duration.--The authority of the Secretary of the Army to
conduct the pilot program shall expire on September 30, 2025.
Subtitle H--Miscellaneous Studies and Reports
SEC. 2871. REPORTS REGARDING DECISION-MAKING PROCESS USED TO LOCATE OR
RELOCATE MAJOR HEADQUARTERS AND CERTAIN MILITARY UNITS AND WEAPON
SYSTEMS.
(a) One-time Report on Decision-making Process.--
(1) Report required.--Not later than March 1, 2021, each
Secretary of a military department (and the Secretary of Defense
with respect to matters concerning the Defense Agencies and the
Joint Staff) shall submit a report to the Committees on Armed
Services of the House of Representatives and the Senate regarding
the process to be used by the Secretary concerned to make basing
decisions for each Armed Force under the jurisdiction of the
Secretary concerned in the following circumstances:
(A) Whenever a military installation is to be selected to
serve as the first permanent location for a new major
headquarters, covered military unit, or major weapon system.
(B) Whenever a permanent change is considered in the basing
of a major headquarters, covered military unit, or major weapon
system by relocating the major headquarters, covered military
unit, or major weapon system from its current military
installation to a different military installation.
(2) Elements of report.--The report submitted by the Secretary
concerned under paragraph (1) shall include at a minimum the
following:
(A) A description of the decision-making process to be used
by that Secretary for basing decisions covered under
subparagraph (A) and (B) of such paragraph.
(B) A timeline for the scenarios outlined in such
subparagraphs, including the decision authority for each
decision to be made during the decision-making process.
(C) The congressional engagement plan to be used to notify
the Committees on Armed Services of the House of
Representatives and the Senate and interested Members of
Congress at key points throughout the decision-making process.
(D) The plan for implementing the requirements of section
483 of title 10, United States Code, as added by subsection
(b).
(3) Definitions.--The definitions contained in section 483 of
title 10, United States Code, as added by subsection (b), apply to
this subsection.
(b) Congressional Notifications Required Related to Basing
Decision-making Process.--Chapter 23 of title 10, United States Code,
is amended by inserting after section 482 the following new section:
``Sec. 483. Notifications related to basing decision-making process
``(a) Notification Required.--At each point in the decision-making
process specified in subsection (b), the Secretary concerned shall
notify the congressional defense committees of the decision-making
process to be used or the decision-making process used, whichever
applies--
``(1) to select a military installation to serve as the first
permanent location for a new major headquarters, covered military
unit, or major weapon system; or
``(2) to make a permanent change in the basing of a major
headquarters, covered military unit, or major weapon system by
relocating the major headquarters, covered military unit, or major
weapon system from its current military installation to a different
military installation.
``(b) Deadlines for Submission of Notice.--The Secretary concerned
shall provide the notice required by subsection (a) within seven days
after each of the following decision points during the decision-making
process:
``(1) When the Secretary concerned issues any formal internal
guidance to begin the decision-making process regarding the
location or relocation of a major headquarters, covered military
unit, or major weapon system.
``(2) When the Secretary concerned selects between two and five
military installations as the most likely candidate locations for a
major headquarters, covered military unit, or major weapon system
in order to subject those installations to additional analysis.
``(3) When the Secretary concerned selects a specific military
installation as the preferred location for the major headquarters,
covered military unit, or major weapon system.
``(c) Required Elements of Notification.--In a notice required by
subsection (a), the Secretary concerned shall include at a minimum the
following:
``(1) A description of the manner in which the joint and all-
domain training capabilities at each candidate location, if
applicable to the type of basing decision-making process at issue,
will be or was, whichever applies, comparatively analyzed among
candidate military installations, separate from and in addition to
the mission criteria to be used or that was used to make the basing
decision.
``(2) A description of the manner in which the airspace and
training areas available at each candidate location, if applicable
to the type of basing decision-making process at issue, will be or
was, whichever applies, comparatively analyzed among candidate
military installations, separate from and in addition to the
mission criteria to be used or that was used to make the basing
decision.
``(3) A description of the manner in which community support
for the basing decision-making process described in subsection (a)
will be or was, whichever applies, comparatively analyzed among
candidate military installations, including consultation with
appropriate State officials and officials of units of local
government in which each installation is located regarding matters
affecting the local community, such as transportation, utility
infrastructure, housing, education, and family support activities.
In any case in which the Secretary concerned selects as the
preferred location a military installation with less community
support compared to other locations, as indicated by such a
comparative analysis, an explanation of the operational
considerations that formed the basis for such selection.
``(4) An explanation of how each candidate location will be or
was, whichever applies, scored against the factors referred to in
the preceding paragraphs, including the weight assigned to each
factor.
``(5) A summary of any internal score cards that will be or
were, whichever applies, used to make the basing decision.
``(d) Notice and Wait Requirements.--No irrevocable action may be
taken to effect or implement a basing decision reached through the
decision-making process described in subsection (a) until the end of
the 14-day period beginning on the date on which the Secretary
concerned submits, in an electronic medium pursuant to section 480 of
this title, the notice referred to in subsection (b)(3) regarding a
preferred location for the major headquarters, covered military unit,
or major weapon system.
``(e) Annual Reporting Requirement.--
``(1) Report required.--Not later than 10 days after the date
on which the budget request for a fiscal year is submitted to
Congress under section 1105 of title 31, the Secretary concerned
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report providing the following:
``(A) An update on the status and anticipated completion
date of each decision-making process that was commenced or was
underway during the previous two fiscal years regarding the
location or relocation of a major headquarters, covered
military unit, or major weapon system.
``(B) A list and description of anticipated basing
decisions to be made regarding the location or relocation of a
major headquarters, covered military unit, or major weapon
system over the period covered by the future-years defense
plan.
``(C) A timeline for a congressional engagement plan to
brief the Committees on Armed Services of the House of
Representatives and the Senate during the decision-making
process and when decision notifications would be provided to
interested Members of Congress.
``(2) Elements of report.--To satisfy the requirements of
paragraph (1)(B), a report under this subsection shall include at a
minimum the following:
``(A) An estimate of the number of members of the armed
forces and civilian personnel potentially impacted by the
basing decision.
``(B) The locations to be considered, if already known.
``(C) The expected timeline for beginning the decision-
making process and reaching a final determination.
``(f) Definitions.--In this section:
``(1) The term `covered military unit' means a unit of the
armed forces whose initial assignment to a military installation or
relocation from a military installation to a different military
installation requires the preparation of an environmental impact
statement in accordance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
``(2) The term `major headquarters' means the headquarters of a
military unit or command that is the appropriate command of a
general officer or flag officer.
``(3) The term `major weapon system' means a weapon system that
is treatable as a major system under section 2302(5) of title.
``(4) The term `military installation' means a base, camp,
post, station, yard, center, homeport facility for any ship, or
other activity under the jurisdiction of the Department of Defense,
including any leased facility, which is located within any of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth
of the Northern Mariana Islands, or Guam. Such term does not
include any facility used primarily for civil works, rivers and
harbors projects, or flood control projects.
``(5) The term `Secretary concerned' means--
``(A) the Secretary of the military department concerned;
and
``(B) the Secretary of Defense with respect to matters
concerning the Defense Agencies and the Joint Staff.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of title 10, United States Code, is amended by inserting
after the item relating to section 482 the following new item:
``483. Notifications related to basing decision-making process.''.
SEC. 2872. REPORT ON EFFECT OF NOISE RESTRICTIONS ON MILITARY
INSTALLATIONS AND OPERATIONS AND DEVELOPMENT AND IMPLEMENTATION OF
NOISE MITIGATION MEASURES.
(a) Report Requirement.--Not later than July 1, 2021, the Secretary
of Defense shall submit to the congressional defense committees a
report describing--
(1) the types and extent of noise restrictions impacting
military installations inside the United States, including outlying
landing fields and training ranges;
(2) the effect of such noise restrictions on the operational
readiness and efficiency of aviation units stationed at or using
the military installations;
(3) the voluntary noise mitigation measures, encroachment
management measures, and community relations initiatives used by
the military departments to prevent or lessen the need for noise
restrictions; and
(4) the progress being made to develop and implement additional
cost-effective technological measures to mitigate noise emanating
from operations at military installations and to prevent or lessen
the need for noise restrictions.
(b) Consultation.--The Secretary of Defense shall prepare the
report in consultation with the Secretaries of the military
departments.
SEC. 2873. STUDY AND REPORT REGARDING CONTINUED NEED FOR PROTECTED
AIRCRAFT SHELTERS IN EUROPE AND STATUS OF UNITED STATES AIR BASE
RESILIENCY IN EUROPE.
(a) Study Required.--The Secretary of Defense, in consultation with
the United States European Command, shall conduct a study to determine
the following:
(1) The continued need for protected aircraft shelters in
Europe utilized by the United States Armed Forces.
(2) The feasibility of providing alternative protections
against attack for United States military aircraft based in Europe
that would be as effective as, or more effective than, protected
aircraft shelters against attack.
(3) The current resiliency status of air bases in Europe under
the operational control of the Department of Defense or a military
department and utilized by the United States Armed Forces.
(4) The effect of the proposed demotion of protected aircraft
shelters in Europe on the resiliency of such air bases in Europe.
(b) Report Requirement.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing the results of the
study required by subsection (a). The report shall be submitted in
unclassified form, but may include a classified annex.
(c) Prohibition on Certain Activities Pending Study.--Until the
study required by subsection (a) is submitted as provided in subsection
(b), funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2021 and funds authorized to be appropriated
by a National Defense Authorization Act or otherwise made available for
fiscal year 2022 may not be obligated or expended to implement any
activity that would have the effect of--
(1) reducing the resiliency of any air base in Europe under the
operational control of the Department of Defense or a military
department and utilized by the United States Armed Forces; or
(2) demolishing any protected aircraft shelter in Europe
utilized by the United States Armed Forces.
(d) Waiver and Exception.--The Secretary of Defense may waive the
prohibition in subsection (c)(2) and authorize the demolition of a
protected aircraft shelter covered by the prohibition at any time after
the end of the 14-day period beginning on the date on which the
Secretary certifies to the congressional defense committees, in an
electronic medium pursuant to section 480 of title 10, United States
Code, that the protected aircraft shelter--
(1) is no longer needed to meet foreseeable threats to United
States military aircraft in the European theater; or
(2) is no longer a viable defensive measure to protect against
such foreseeable threats.
Subtitle I--Other Matters
SEC. 2881. 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 planning and design, Air Force, for
fiscal year 2021, for the Ground Based Strategic Deterrent, as
specified in the funding table in section 4601, 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 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) Reporting Requirements.--
(1) Initial report.--Not later than one 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 actions taken and to be taken by the Secretary to ensure that
the development and fielding of the Ground Based Strategic
Deterrent weapon system is synchronized with its associated
military construction projects and other infrastructure projects.
(2) Report elements.--The report required by paragraph (1)
shall contain, at minimum, the following elements:
(A) 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.
(B) 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.
(C) 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 and other infrastructure projects,
assuming, as described in subparagraph (B), the use of a
programmatic military construction authorization on an
installation-by-installation basis.
(D) 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 and other infrastructure
projects.
(3) Updates.--At the same time that the budget is submitted
under section 1105(a) of title 31, United States Code, for fiscal
years 2023 through 2026, the Secretary of Defense shall notify the
congressional defense committees of any deviations made during the
current or preceding fiscal year or intended to be made during the
current or next fiscal year from the synchronization actions
described in the report required by paragraph (1), in particular
the report elements specified in paragraph (2).
SEC. 2882. 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 value at a military
installation, taking into consideration the military value criteria
originally developed by the Secretary in compliance with the
amendment made by section 3002 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public Law
107-107; 115 Stat. 1344).
``(ii) Projects that will enhance military installation
resilience, as defined in section 101(e)(8) of this title.
``(iii) Projects that will enhance military family quality of
life at a military installation, taking into consideration
subsection (e)(4)(C).''.
(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.''.
(e) Definition of Rural Area Revised.--Section 2391(e)(5) of title
10, United States Code, is amended by striking ``50,000 inhabitants''
and inserting ``100,000 inhabitants''.
SEC. 2883. CONSIDERATION OF CERTAIN MILITARY FAMILY READINESS ISSUES IN
MAKING BASING DECISIONS ASSOCIATED WITH CERTAIN MILITARY UNITS AND
MAJOR HEADQUARTERS.
(a) Taking Into Consideration Military Family Readiness Issues.--In
determining whether to proceed with any basing decision associated with
a covered military unit or major headquarters in the United States
after the date of the enactment of this Act, the Secretary of the
military department concerned shall take into account, among such other
factors as that Secretary considers appropriate, the military family
readiness considerations specified in this section, including those
military family readiness considerations specified pursuant to
subsection (e).
(b) Interstate Portability of Licensure and Certification
Credentials.--With regard to the State in which an installation subject
to a basing decision covered by subsection (a) is or will be located,
the Secretary of the military department concerned shall take into
account the extent to which the State--
(1) has entered into reciprocity agreements to recognize and
accept professional and occupational licensure and certification
credentials granted by or in other States; or
(2) allows for the transfer of such licenses and certifications
granted by or in other States.
(c) Housing.--With regard to the military housing area in which an
installation subject to a basing decision covered by subsection (a) is
or will be located, the Secretary of the military department concerned
shall take into account the extent to which housing (including military
family housing) that meets Department of Defense requirements is
available and accessible to members of the Armed Forces through the
private sector in such military housing area.
(d) Health Care.--With regard to the community in which an
installation subject to a basing decision covered by subsection (a) is
or will be located, the Secretary of the military department concerned
shall take into account the extent to which primary healthcare and
specialty healthcare is available and accessible to dependents,
including dependents with disabilities, of members of the Armed Forces
through the private sector in such local community.
(e) Other Specified Considerations.--The Secretary of the military
department concerned shall take into account such other considerations
in connection with military family readiness as the Secretary of
Defense shall specify for purposes of compliance with this section.
(f) Savings Clause.--Nothing in this section shall be construed as
requiring the Secretary of a military department to make a basing
decision covered by subsection (a) that the Secretary determines would
diminish military readiness or impede military mission for the purpose
of military family readiness.
(g) Analytical Framework.--The Secretary of the military department
concerned shall take into account the considerations specified in this
section, among such other factors as the Secretary considers
appropriate, in determining whether to proceed with a basing decision
covered by subsection (a) using an analytical framework developed by
that Secretary that uses criteria based on--
(1) quantitative data available within the Department of
Defense; and
(2) such reliable quantitative data from sources outside the
Department as the Secretary considers appropriate.
(h) Basing Decision Scorecard.--
(1) Scorecard required.--The Secretary of the military
department concerned shall establish a scorecard for military
installations under the jurisdiction of such Secretary, and for
States and localities in which such installations are or may be
located, to facilitate taking into account the considerations
specified in this section whenever that Secretary makes a basing
decision covered by subsection (a).
(2) Update.--The Secretary of the military department concerned
shall update the scorecard established by that Secretary under this
subsection not less frequently than once each year in order to keep
the information in such scorecard as current as is practicable.
(3) Availability to public.--A current version of each
scorecard established under this subsection shall be available to
the public through an Internet website of the military department
concerned that is accessible to the public.
(i) Briefings.--Not later than April 1 of each of 2021, 2022, and
2023, the Secretary of Defense shall brief the Committees on Armed
Services of the Senate and the House of Representatives on actions
taken pursuant to this section, including a description and assessment
of the effect of the taking into account of the considerations
specified in this section on particular basing decisions in the United
States during the one-year period ending on the date of the briefing.
(j) Definitions.--In this section:
(1) The term ``covered military unit'' means a unit of the
Armed Forces whose initial assignment to a military installation or
relocation from a military installation to a different military
installation requires the preparation of an environmental impact
statement in accordance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) The term ``major headquarters'' means the headquarters of a
unit of the Armed Forces or command that is the appropriate command
of a general officer or flag officer.
SEC. 2884. DEPARTMENT OF DEFENSE POLICY FOR REGULATION IN MILITARY
COMMUNITIES OF DANGEROUS DOGS KEPT AS PETS.
(a) Policy Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a
uniform policy for the regulation of dangerous dogs kept as pets in
military communities.
(b) Consultation.--The policy required by subsection (a) shall be
developed in consultation with professional veterinary and animal
behavior experts in regard to effective regulation of dangerous dogs
kept as pets.
(c) Regulations.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense 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 regulations relating to dangerous dogs
kept as pets, with emphasis on identification of dangerous dog
behavior and chronically irresponsible pet 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.
(d) Exclusions.--This section does not apply with respect to
military working dogs and any dog certified as a service animal.
(e) 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 military installations; and
(B) all military housing, including privatized military
housing under subchapter IV of chapter 169 of title 10, United
States Code.
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.
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of the Navy may acquire real property and carry out
the military construction project for the installation outside the
United States, and in the amount, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation 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 Installation 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 XXXI--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--Nuclear Weapons Stockpile Matters
Sec. 3111. W93 nuclear warhead acquisition process.
Sec. 3112. Earned value management and technology readiness levels for
life extension programs.
Sec. 3113. Monitoring of industrial base for nuclear weapons components,
subsystems, and materials.
Sec. 3114. Plutonium pit production.
Subtitle C--Defense Environmental Cleanup Matters
Sec. 3121. Public statement of environmental liabilities for facilities
undergoing defense environmental cleanup.
Sec. 3122. Inclusion of missed milestones in future-years defense
environmental cleanup plan.
Sec. 3123. Classification of defense environmental cleanup as capital
asset projects or operations activities.
Sec. 3124. Extension of limitation relating to reclassification of high-
level waste.
Sec. 3125. Continued analysis of approaches for supplemental treatment
of low-activity waste at Hanford Nuclear Reservation.
Subtitle D--Safeguards and Security Matters
Sec. 3131. Reporting on penetrations of networks of contractors and
subcontractors.
Subtitle E--Personnel Matters
Sec. 3141. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3142. Inclusion of certain employees and contractors of Department
of Energy in definition of public safety officer for purposes
of certain death benefits.
Sec. 3143. Reimbursement for liability insurance for nuclear materials
couriers.
Sec. 3144. Transportation and moving expenses for immediate family of
deceased nuclear materials couriers.
Sec. 3145. Permanent extension of Office of Ombudsman for Energy
Employees Occupational Illness Compensation Program.
Sec. 3146. Reports on diversity of certain contractor employees of
National Nuclear Security Administration.
Sec. 3147. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
Subtitle F--Budget and Financial Management Matters
Sec. 3151. Reports on financial balances for atomic energy defense
activities.
Subtitle G--Administrative Matters
Sec. 3161. Modifications to enhanced procurement authority to manage
supply chain risk.
Sec. 3162. Extension of pilot program on unavailability for overhead
costs of amounts specified for laboratory-directed research
and development.
Subtitle H--Other Matters
Sec. 3171. Independent study on potential environmental effects of
nuclear war.
Sec. 3172. Review of future of computing beyond exascale at the National
Nuclear Security Administration.
Sec. 3173. Sense of Congress on the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation.
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, HE Synthesis, Formulation, and Production,
Pantex Plant, Amarillo, Texas, $31,000,000.
Project 21-D-511, Savannah River Plutonium Processing Facility,
Savannah River Site, Aiken, South Carolina, $241,900,000.
Project 21-D-512, Plutonium Pit Production Project, Los Alamos
National Laboratory, Los Alamos, New Mexico, $226,000,000.
Project 21-D-530, KL Steam and Condensate Upgrades, Knolls
Atomic Power Laboratory, Schenectady, New York, $4,000,000.
General Plant Project, U1a.03 Test Bed Facility Improvements,
Nevada National Security Site, Nevada, $16,000,000.
General Plant Project, TA-15 DARHT Hydro Vessel Repair
Facility, Los Alamos National Laboratory, New Mexico, $16,500,000.
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 project:
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--Nuclear Weapons Stockpile Matters
SEC. 3111. W93 NUCLEAR WARHEAD ACQUISITION PROCESS.
(a) Requirements.--
(1) In general.--Subtitle A of title XLII of the Atomic Energy
Defense Act (50 U.S.C. 2521 et seq.) is amended by adding at the
end the following new section:
``SEC. 4223. W93 NUCLEAR WARHEAD ACQUISITION PROCESS.
``(a) Reporting Requirements.--
``(1) Phase 1.--Upon receiving a concept definition study under
phase 1 of the joint nuclear weapons life cycle for the W93 nuclear
weapon, the Nuclear Weapons Council shall submit to the
congressional defense committees a report that includes the
following:
``(A) A description of the potential military
characteristics of the weapon.
``(B) A description of the stockpile-to-target sequence
requirements of the weapon.
``(C) An initial assessment of the requirements a W93
nuclear weapon program is likely to generate for the nuclear
security enterprise, including--
``(i) adjustments to the size and composition of the
workforce;
``(ii) additions to existing weapon design and
production capabilities; or
``(iii) additional facility recapitalization or new
construction.
``(D) A preliminary description of other significant
requirements for a W93 nuclear weapon program, including--
``(i) first production unit date;
``(ii) initial operational capability date;
``(iii) full operational capability date; and
``(iv) any unique safety and surety requirements that
could increase design complexity or cost estimate
uncertainty.
``(2) Phase 2.--
``(A) In general.--Not later than 15 days after the date on
which the Nuclear Weapons Council approves phase 2 of the joint
nuclear weapons life cycle for the W93 nuclear weapon, the
Administrator shall submit to the congressional defense
committees a plan to implement a process of independent peer
review or review by a board of experts, or both, with respect
to--
``(i) the nonnuclear components of the weapon;
``(ii) subsystem design; and
``(iii) engineering aspects of the weapon.
``(B) Requirements for process.--The Administrator shall
ensure that the process required by subparagraph (A)--
``(i) uses--
``(I) all relevant capabilities of the Federal
Government, the defense industrial base, and
institutions of higher education; and
``(II) other capabilities that the Administrator
determines necessary; and
``(ii) informs the entire development life cycle of the
W93 nuclear weapon.
``(b) Certifications and Reports at Phase 3.--Not later than 15
days after the date on which the Nuclear Weapons Council approves phase
3 of the joint nuclear weapons life cycle for the W93 nuclear weapon--
``(1) the Administrator shall certify to the congressional
defense committees that--
``(A) phases 1 through 5 of the joint nuclear weapons life
cycle for the weapon will employ, at a minimum, the same best
practices and will provide Congress with the same level of
programmatic insight as exists under the phase 6.X process for
life extension programs; and
``(B) the proposed design for the weapon can be carried out
within estimated schedule and cost objectives; and
``(2) the Commander of the United States Strategic Command
shall submit to the congressional defense committees a report
containing the requirements for weapon quantity and composition by
type for the sub-surface ballistic nuclear (SSBN) force, including
such requirements planned for the 15-year period following the date
of the report, including any planned life extensions, retirements,
or alterations.
``(c) Waivers.--Subsections (a) and (b) may be waived during a
period of war declared by Congress after the date of the enactment of
the William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021.
``(d) 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. W93 nuclear warhead acquisition process.''.
(b) Selected Acquisition Reports and Independent Cost Estimates.--
Section 4217(b) of such Act (50 U.S.C. 2537(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``phase 6.2A'' and
inserting ``phase 6.2A or new weapon system at the
completion of phase 2A'';
(ii) in clause (ii), by striking ``phase 6.3'' and
inserting ``phase 6.3 or new weapon system at the
completion of phase 3'';
(iii) by redesignating clauses (iv) and (v) as clauses
(v) and (vi), respectively; and
(iv) by inserting after clause (iii) the following new
clause (iv):
``(iv) Each new weapon system at the completion of phase 4,
relating to production engineering, and before the initiation
of phase 5, relating to first production.''; and
(B) in subparagraph (B), by striking ``phase 6.2'' and
inserting ``phase 6.2 or new weapon system at the completion of
phase 2''; and
(2) in paragraph (4)(B), by striking ``subparagraph (A)(iv)''
and inserting ``subparagraph (A)(v)''.
SEC. 3112. EARNED VALUE MANAGEMENT AND TECHNOLOGY READINESS LEVELS FOR
LIFE EXTENSION PROGRAMS.
(a) In General.--Subtitle A of title XLII of the Atomic Energy
Defense Act (50 U.S.C. 2521 et seq.), as amended by section 3111(a)(1),
is further amended by adding at the end the following new section:
``SEC. 4224. EARNED VALUE MANAGEMENT AND TECHNOLOGY READINESS LEVELS
FOR LIFE EXTENSION PROGRAMS.
``(a) Review of Contractor Earned Value Management Systems.--The
Administrator shall enter into an arrangement with an independent
entity under which that entity shall--
``(1) review and validate whether the earned value management
systems of contractors of the Administration for life extension
programs meet the earned value management national standard; and
``(2) conduct periodic surveillance reviews of such systems to
ensure that such systems maintain compliance with that standard
through program completion.
``(b) Benchmarks for Technology Readiness Levels.--The
Administrator shall--
``(1) establish specific benchmarks for technology readiness
levels of critical technologies for life extension programs at key
decision points; and
``(2) ensure that critical technologies meet such benchmarks at
such decision points.
``(c) Applicability.--This section shall apply to programs that, as
of the date of the enactment of this section, have not entered phase 3
of the nuclear weapons acquisition process or phase 6.3 of a nuclear
weapons life extension program.
``(d) Definition.--In this section, the term `earned value
management national standard' means the most recent version of the EIA-
748 Earned Value Management System Standard published by the National
Defense Industrial Association.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4223, as added by section 3111(a)(2), the following new item:
``Sec. 4224. Earned value management and technology readiness levels for
life extension programs.''.
SEC. 3113. MONITORING OF INDUSTRIAL BASE FOR NUCLEAR WEAPONS
COMPONENTS, SUBSYSTEMS, AND MATERIALS.
(a) Designation of Official.--Not later than March 1, 2021, the
Administrator for Nuclear Security shall designate a senior official
within the National Nuclear Security Administration to be responsible
for monitoring the industrial base that supports the nuclear weapons
components, subsystems, and materials of the Administration,
including--
(1) the consistent monitoring of the current status of the
industrial base;
(2) tracking of industrial base issues over time; and
(3) proactively identifying gaps or risks in specific areas
relating to the industrial base.
(b) Provision of Resources.--The Administrator shall ensure that
the official designated under subsection (a) is provided with resources
sufficient to conduct the monitoring required by that subsection.
(c) Consultations.--The Administrator, acting through the official
designated under subsection (a), shall, to the extent practicable and
beneficial, in conducting the monitoring required by that subsection,
consult with--
(1) officials of the Department of Defense who are members of
the Nuclear Weapons Council established under section 179 of title
10, United States Code;
(2) officials of the Department of Defense responsible for the
defense industrial base; and
(3) other components of the Department of Energy that rely on
similar components, subsystems, or materials.
(d) Briefings.--
(1) Initial briefing.--Not later than April 1, 2021, the
Administrator shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on the
designation of the official required by subsection (a), including
on--
(A) the responsibilities assigned to that official; and
(B) the plan for providing that official with resources
sufficient to conduct the monitoring required by subsection
(a).
(2) Subsequent briefings.--Not later than April 1, 2022, and
annually thereafter through 2024, the Administrator shall provide
to the Committees on Armed Services of the Senate and the House of
Representatives a briefing on activities carried out under this
section that includes an assessment of the progress made by the
official designated under subsection (a) in conducting the
monitoring required by that subsection.
SEC. 3114. PLUTONIUM PIT PRODUCTION.
(a) Independent Cost Estimate.--
(1) Requirement.--The Secretary of Energy shall obtain an
independent cost estimate for each covered project in accordance
with Department of Energy Order 413.3B (relating to program
management and project management for the acquisition of capital
assets), as in effect on the day before the date of the enactment
of this Act.
(2) Confidence level.--An independent cost estimate under
paragraph (1) with respect to a covered project shall assign a
confidence level, expressed as a percentage, with respect to
whether the Secretary will be able to carry out the covered project
within the estimated schedule and cost objectives of the Department
of Energy consistent with the document of the Government
Accountability Office entitled ``Cost Estimating and Assessment
Guide'' (GAO-09-3SP) and dated March 2009.
(3) Submission.--Not later than 30 days after obtaining an
independent cost estimate under paragraph (1) with respect to a
covered project, the Secretary shall submit to the congressional
defense committees the estimate, including the confidence level
assigned under paragraph (2).
(b) Conditional Reports and Certifications.--
(1) Low confidence.--If an independent cost estimate for a
covered project under subsection (a) assigns a high-end cost for
the project that is 15 percent or more higher than the high-end
project cost position approved by the Department of Energy for the
project at critical decision 1 in the acquisition process--
(A) not later than 90 days after approval of critical
decision 1, the Secretary shall submit to the congressional
defense committees the report described in paragraph (2) with
respect to the covered project; and
(B) not later than 90 days after the date on which the
Secretary submits the independent cost estimate to the
congressional defense committees under subsection (a)(3), the
Commander of the United States Strategic Command shall certify
to those committees that--
(i) the requirement to produce war reserve plutonium
pits under section 4219 of the Atomic Energy Defense Act
(50 U.S.C. 2538a) cannot be altered or extended by not more
than five years without--
(I) degrading the capabilities of the Command to
accomplish its assigned nuclear deterrence missions; or
(II) reducing the confidence of the Commander in
the military effectiveness of the nuclear weapons
stockpile, taking into account all mitigation
strategies available to the Commander; or
(ii) that requirement can be altered or extended as
described in clause (i) without degrading the capabilities
described in subclause (I) of that clause or reducing the
confidence described in subclause (II) of that clause.
(2) Report described.--
(A) In general.--The report described in this paragraph
with respect to a covered project is a report by the Secretary
that includes--
(i)(I) a certification by the Secretary that,
notwithstanding the costs and confidence level set forth in
the independent cost estimate under subsection (a), the
Secretary will able to carry out the covered project within
the estimated schedule and cost objectives of the
Department of Energy; and
(II) a detailed explanation of why the Secretary
disagrees with the independent cost estimate; or
(ii) if the Secretary cannot make the certification
under clause (i)(I), a plan by the Secretary--
(I) to achieve costs and a confidence level
consistent with the costs and confidence level set
forth in the independent cost estimate, including with
respect to changing the costs, schedule, and scope of
the covered project; and
(II) that includes a description, provided by the
Administrator for Nuclear Security, of mitigation
options for minimizing any degradation in the military
effectiveness of the nuclear weapons stockpile until
the Secretary achieves costs and a confidence level
consistent with the costs and confidence level set
forth in the independent cost estimate.
(B) Prohibition on delegation.--The Secretary may not
delegate the responsibility for making a certification under
subparagraph (A)(i)(I).
(c) Covered Project Defined.--In this section, the term ``covered
project'' means--
(1) the Savannah River Plutonium Processing Facility, Savannah
River Site, Aiken, South Carolina (Project 21-D-511); or
(2) the Plutonium Pit Production Project, Los Alamos National
Laboratory, Los Alamos, New Mexico (Project 21-D-512).
Subtitle C--Defense Environmental Cleanup Matters
SEC. 3121. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES FOR FACILITIES
UNDERGOING DEFENSE ENVIRONMENTAL CLEANUP.
(a) In General.--Subtitle A of title XLIV of the Atomic Energy
Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at the end
the following new section:
``SEC. 4410. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES.
``Each year, at the same time that the Department of Energy submits
its annual financial report under section 3516 of title 31, United
States Code, the Secretary of Energy shall make available to the public
a statement of environmental liabilities, as calculated for the most
recent audited financial statement of the Department under section 3515
of that title, for each defense nuclear facility at which defense
environmental cleanup activities are occurring.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4409 the following new item:
``Sec. 4410. Public statement of environmental liabilities.''.
SEC. 3122. INCLUSION OF MISSED MILESTONES IN FUTURE-YEARS DEFENSE
ENVIRONMENTAL CLEANUP PLAN.
Section 4402A(b)(3) of the Atomic Energy Defense Act (50 U.S.C.
2582A(b)(3)) is amended by adding at the end the following new
subparagraph:
``(D) For any milestone that has been missed, renegotiated,
or postponed, a statement of the current milestone, the
original milestone, and any interim milestones.''.
SEC. 3123. CLASSIFICATION OF DEFENSE ENVIRONMENTAL CLEANUP AS CAPITAL
ASSET PROJECTS OR OPERATIONS ACTIVITIES.
(a) In General.--The Assistant Secretary of Energy for
Environmental Management, in consultation with other appropriate
officials of the Department of Energy, shall establish requirements for
the classification of defense environmental cleanup projects as capital
asset projects or operations activities.
(b) Report Required.--Not later than March 1, 2021, the Assistant
Secretary shall submit to the congressional defense committees a
report--
(1) setting forth the requirements established under subsection
(a); and
(2) assessing whether any ongoing defense environmental cleanup
projects should be reclassified based on those requirements.
SEC. 3124. 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. 3125. CONTINUED ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT
OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR RESERVATION.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Energy shall--
(1) enter into an arrangement with a federally funded research
and development center to conduct a follow-on analysis to the
analysis required by section 3134 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2769) with respect to approaches for treating the portion of
low-activity waste at the Hanford Nuclear Reservation, Richland,
Washington, intended for supplemental treatment; and
(2) enter into an arrangement with the National Academies of
Sciences, Engineering, and Medicine to review the follow-on
analysis conducted under paragraph (1).
(b) Comparison of Alternatives to Aid Decisionmaking.--The analysis
required by subsection (a)(1) shall be designed, to the greatest extent
possible, to provide decisionmakers with the ability to make a direct
comparison between approaches for the supplemental treatment of low-
activity waste at the Hanford Nuclear Reservation based on criteria
that are relevant to decisionmaking and most clearly differentiate
between approaches.
(c) Elements.--The analysis required by subsection (a)(1) shall
clearly lay out a framework of decisions to be made among the treatment
technologies, waste forms, and disposal locations by including an
assessment of the following:
(1) The most effective potential technology for supplemental
treatment of low-activity waste that will produce an effective
waste form, including an assessment of the following:
(A) The maturity and complexity of the technology.
(B) The extent of previous use of the technology.
(C) The life cycle costs and duration of use of the
technology.
(D) The effectiveness of the technology with respect to
immobilization.
(E) The performance of the technology expected under
permanent disposal.
(F) The topical areas of additional study required for the
grout option identified in the analysis required by section
3134 of the National Defense Authorization Act for Fiscal Year
2017.
(2) The differences among approaches for the supplemental
treatment of low-activity waste considered as of the date of the
analysis required by subsection (a)(1).
(3) The compliance of such approaches with the technical
standards described in section 3134(b)(2)(D) of the National
Defense Authorization Act for Fiscal Year 2017.
(4) The differences among potential disposal sites for the
waste form produced through such treatment, including mitigation of
radionuclides, including technetium-99, selenium-79, and iodine-
129, on a system level.
(5) Potential modifications to the design of facilities to
enhance performance with respect to disposal of the waste form to
account for the following:
(A) Regulatory compliance.
(B) Public acceptance.
(C) Cost.
(D) Safety.
(E) The expected radiation dose to maximally exposed
individuals over time.
(F) Differences among disposal environments.
(6) Approximately how much and what type of pretreatment is
needed to meet regulatory requirements regarding long-lived
radionuclides and hazardous chemicals to reduce disposal costs for
radionuclides described in paragraph (4).
(7) Whether the radionuclides can be left in the waste form or
economically removed and bounded at a system level by the
performance assessment of a potential disposal site and, if the
radionuclides cannot be left in the waste form, how to account for
the secondary waste stream.
(8) Other relevant factors relating to the technology described
in paragraph (1), including the following:
(A) The costs and risks in delays with respect to tank
performance over time.
(B) Consideration of experience with treatment methods at
other sites and commercial facilities.
(C) Outcomes of the test bed initiative of the Office of
Environmental Management at the Hanford Nuclear Reservation.
(d) Review, Consultation, Submission, and Limitations.--The
provisions of subsections (c) through (f) of section 3134 of the
National Defense Authorization Act for Fiscal Year 2017 shall apply
with respect to the analysis required by subsection (a)(1) to the same
extent and in the same manner that such provisions applied with respect
to the analysis required by subsection (a) of such section 3134, except
that subsection (e) of such section shall be applied and administered
by substituting ``the date of the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021''
for ``the date of the enactment of this Act'' each place it appears.
Subtitle D--Safeguards and Security Matters
SEC. 3131. REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND
SUBCONTRACTORS.
(a) In General.--Subtitle A of title XLV of the Atomic Energy
Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at the end
the following new section:
``SEC. 4511. REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND
SUBCONTRACTORS.
``(a) Procedures for Reporting Penetrations.--The Administrator
shall establish procedures that require each contractor and
subcontractor to report to the Chief Information Officer when a covered
network of the contractor or subcontractor that meets the criteria
established pursuant to subsection (b) is successfully penetrated.
``(b) Establishment of Criteria for Covered Networks.--
``(1) In general.--The Administrator shall, in consultation
with the officials specified in paragraph (2), establish criteria
for covered networks to be subject to the procedures for reporting
penetrations under subsection (a).
``(2) Officials specified.--The officials specified in this
paragraph are the following officials of the Administration:
``(A) The Deputy Administrator for Defense Programs.
``(B) The Associate Administrator for Acquisition and
Project Management.
``(C) The Chief Information Officer.
``(D) Any other official of the Administration the
Administrator considers necessary.
``(c) Procedure Requirements.--
``(1) Rapid reporting.--
``(A) In general.--The procedures established pursuant to
subsection (a) shall require each contractor or subcontractor
to submit to the Chief Information Officer a report on each
successful penetration of a covered network of the contractor
or subcontractor that meets the criteria established pursuant
to subsection (b) not later than 60 days after the discovery of
the successful penetration.
``(B) Elements.--Subject to subparagraph (C), each report
required by subparagraph (A) with respect to a successful
penetration of a covered network of a contractor or
subcontractor shall include the following:
``(i) A description of the technique or method used in
such penetration.
``(ii) A sample of the malicious software, if
discovered and isolated by the contractor or subcontractor,
involved in such penetration.
``(iii) A summary of information created by or for the
Administration in connection with any program of the
Administration that has been potentially compromised as a
result of such penetration.
``(C) Avoidance of delays in reporting.--If a contractor or
subcontractor is not able to obtain all of the information
required by subparagraph (B) to be included in a report
required by subparagraph (A) by the date that is 60 days after
the discovery of a successful penetration of a covered network
of the contractor or subcontractor, the contractor or
subcontractor shall--
``(i) include in the report all information available
as of that date; and
``(ii) provide to the Chief Information Officer the
additional information required by subparagraph (B) as the
information becomes available.
``(2) Access to equipment and information by administration
personnel.--Concurrent with the establishment of the procedures
pursuant to subsection (a), the Administrator shall establish
procedures to be used if information owned by the Administration
was in use during or at risk as a result of the successful
penetration of a covered network--
``(A) in order to--
``(i) in the case of a penetration of a covered network
of a management and operating contractor, enhance the
access of personnel of the Administration to Government-
owned equipment and information; and
``(ii) in the case of a penetration of a covered
network of a contractor or subcontractor that is not a
management and operating contractor, facilitate the access
of personnel of the Administration to the equipment and
information of the contractor or subcontractor; and
``(B) which shall--
``(i) include mechanisms for personnel of the
Administration to, upon request, obtain access to equipment
or information of a contractor or subcontractor necessary
to conduct forensic analysis in addition to any analysis
conducted by the contractor or subcontractor;
``(ii) provide that a contractor or subcontractor is
only required to provide access to equipment or information
as described in clause (i) to determine whether information
created by or for the Administration in connection with any
program of the Administration was successfully exfiltrated
from a network of the contractor or subcontractor and, if
so, what information was exfiltrated; and
``(iii) provide for the reasonable protection of trade
secrets, commercial or financial information, and
information that can be used to identify a specific person.
``(3) Dissemination of information.--The procedures established
pursuant to subsection (a) shall allow for limiting the
dissemination of information obtained or derived through such
procedures so that such information may be disseminated only to
entities--
``(A) with missions that may be affected by such
information;
``(B) that may be called upon to assist in the diagnosis,
detection, or mitigation of cyber incidents;
``(C) that conduct counterintelligence or law enforcement
investigations; or
``(D) for national security purposes, including cyber
situational awareness and defense purposes.
``(d) Definitions.--In this section:
``(1) Chief information officer.--The term `Chief Information
Officer' means the Associate Administrator for Information
Management and Chief Information Officer of the Administration.
``(2) Contractor.--The term `contractor' means a private entity
that has entered into a contract or contractual action of any kind
with the Administration to furnish supplies, equipment, materials,
or services of any kind.
``(3) Covered network.--The term `covered network' includes any
network or information system that accesses, receives, or stores--
``(A) classified information; or
``(B) sensitive unclassified information germane to any
program of the Administration, as determined by the
Administrator.
``(4) Subcontractor.--The term `subcontractor' means a private
entity that has entered into a contract or contractual action with
a contractor or another subcontractor to furnish supplies,
equipment, materials, or services of any kind in connection with
another contract in support of any program of the
Administration.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4510 the following new item:
``Sec. 4511. Reporting on penetrations of networks of contractors and
subcontractors.''.
Subtitle E--Personnel Matters
SEC. 3141. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``September 30, 2020'' and inserting
``September 30, 2021''.
SEC. 3142. INCLUSION OF CERTAIN EMPLOYEES AND CONTRACTORS OF DEPARTMENT
OF ENERGY IN DEFINITION OF PUBLIC SAFETY OFFICER FOR PURPOSES OF
CERTAIN DEATH BENEFITS.
Section 1204(9) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10284(9)) is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E)(ii), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(F) an employee or contractor of the Department of Energy
who--
``(i) is--
``(I) a nuclear materials courier (as defined in
section 8331(27) of title 5, United States Code); or
``(II) designated by the Secretary of Energy as a
member of an emergency response team; and
``(ii) is performing official duties of the Department,
pursuant to a deployment order issued by the Secretary, to
protect the public, property, or the interests of the
United States by--
``(I) assessing, locating, identifying, securing,
rendering safe, or disposing of weapons of mass
destruction (as defined in section 1403 of the Defense
Against Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2302)); or
``(II) managing the immediate consequences of a
radiological release or exposure.''.
SEC. 3143. REIMBURSEMENT FOR LIABILITY INSURANCE FOR NUCLEAR MATERIALS
COURIERS.
Section 636(c)(2) of the Treasury, Postal Service, and General
Government Appropriations Act, 1997 (as enacted into law by section
101(f) of division A of Public Law 104-208; 5 U.S.C. prec. 5941 note)
is amended by striking ``or under'' and all that follows and inserting
the following: ``any special agent under section 203 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4823), or
any nuclear materials courier (as defined in section 8331(27) of such
title 5);''.
SEC. 3144. TRANSPORTATION AND MOVING EXPENSES FOR IMMEDIATE FAMILY OF
DECEASED NUCLEAR MATERIALS COURIERS.
Section 5724d(c)(1) of title 5, United States Code, is amended--
(1) in subparagraph (B), by striking ``; and'' and inserting a
semicolon; and
(2) by adding at the end the following:
``(D) any nuclear materials courier, as defined in section
8331(27); and''.
SEC. 3145. PERMANENT EXTENSION OF OFFICE OF OMBUDSMAN FOR ENERGY
EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
Section 3686 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is amended by
striking subsection (h).
SEC. 3146. 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
paragraph (1) by each position in the Standard Occupational
Classification System of 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 office of the covered element
responsible for implementing such plan and a description of how
that office 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 mandated for 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 one 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 to address such issues.
(f) Sense of Congress.--It is the sense of Congress that--
(1) the 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 those
efforts, particularly as its aging workforce continues to retire.
(g) Definitions.--In this section:
(1) Contractor employee.--The term ``contractor employee''
means an employee of a management and operating contractor of the
nuclear security enterprise.
(2) Covered element.--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) Nuclear security enterprise.--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. 3147. SENSE OF CONGRESS REGARDING COMPENSATION OF INDIVIDUALS
RELATING TO URANIUM MINING AND NUCLEAR TESTING.
(a) Findings.--Congress makes the following findings:
(1) The Radiation Exposure Compensation Act (Public Law 101-
426; 42 U.S.C. 2210 note) was enacted in 1990 to provide monetary
compensation to individuals who contracted certain cancers and
other serious diseases following their exposure to radiation
released during atmospheric nuclear weapons testing during the Cold
War or following exposure to radiation as a result of employment in
the uranium industry during the Cold War.
(2) The Radiation Exposure Compensation Act expires on July 9,
2022. Unless that Act is extended, individuals who contract certain
cancers and other serious diseases because of events described in
paragraph (1) may be unable to claim compensation for such
diseases.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government should continue to appropriately compensate and
recognize the individuals described in subsection (a).
Subtitle F--Budget and Financial Management Matters
SEC. 3151. REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE
ACTIVITIES.
(a) In General.--Section 4732 of the Atomic Energy Defense Act (50
U.S.C. 2772) is amended to read as follows:
``SEC. 4732. REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE
ACTIVITIES.
``(a) Reports Required.--
``(1) In general.--Concurrent with the submission of the budget
justification materials submitted to Congress in support of the
budget of the President for a fiscal year (submitted to Congress
pursuant to section 1105(a) of title 31, United States Code), the
Secretary of Energy shall submit to the congressional defense
committees a report on the financial balances for each atomic
energy defense program.
``(2) Presentation of information.--In each report required by
paragraph (1), the Secretary shall--
``(A) present information on the financial balances for
each atomic energy defense program at the budget control levels
used in the report accompanying the most current Act
appropriating funds for energy and water development; and
``(B) present financial balances in connection with funding
under recurring DOE national security authorizations (as
defined in section 4701) separately from balances in connection
with funding under any other provision of law.
``(b) Elements.--
``(1) Format.--Each report required by subsection (a) shall--
``(A) be divided into two parts, as specified in paragraphs
(2) and (3); and
``(B) set forth the information required by those
paragraphs in summary form and by fiscal year.
``(2) Part 1.--The first part of the report required by
subsection (a) shall set forth, for each atomic energy defense
program, the following information, as of the end of the most
recently completed fiscal year:
``(A) The balance of any unobligated funds and an
explanation for why those funds are unobligated.
``(B) The total funds available to cost.
``(C) The total balance of costed funds.
``(D) The total balance of uncosted funds.
``(E) The threshold for the balance of uncosted funds,
stated in dollars.
``(F) The amount of any balance of uncosted funds that is
over or under that threshold and, in the case of a balance over
that threshold, an explanation for why the balance is over that
threshold.
``(G) The total balance of committed, uncosted funds.
``(H) The total balance of uncommitted, uncosted funds.
``(I) The amount of any balance of uncommitted, uncosted
funds that is over or under the threshold described in
subparagraph (E) and, in the case of a balance over that
threshold, an explanation for why the balance is over that
threshold.
``(3) Part 2.--The second part of the report required by
subsection (a) shall set forth, for each atomic energy defense
program, the following information:
``(A) The balance of any unobligated funds, as of the end
of the first quarter of the current fiscal year.
``(B) The total balance of uncosted funds, as of the end of
the first quarter of the current fiscal year.
``(C) Unalloted budget authority.
``(c) Definitions.--In this section:
``(1) Committed.--The term `committed', with respect to funds,
means the funds are associated with a legally enforceable
agreement, such as a purchase order or contract, that has been
entered into.
``(2) Costed.--The term `costed', with respect to funds, means
the funds have been obligated to a contract and goods or services
have been received by the contractor in exchange for the funds.
``(3) Uncommitted.--The term `uncommitted', with respect to
funds, means the funds are not committed.
``(4) Uncosted.--The term `uncosted', with respect to funds,
means the funds have been obligated to a contract and goods or
services have not been received by the contractor in exchange for
the funds.
``(5) Threshold.--The term `threshold' means a benchmark over
which a balance carried over at the end of a fiscal year should be
given greater scrutiny by Congress.
``(6) Total funds available to cost.--The term `total funds
available to cost' means the sum of--
``(A) total uncosted obligations from prior fiscal years;
``(B) current fiscal year obligations; and
``(C) current fiscal year deobligations.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by striking the item relating to section
4732 and inserting the following new item:
``Sec. 4732. Reports on financial balances for atomic energy defense
activities.''.
Subtitle G--Administrative Matters
SEC. 3161. MODIFICATIONS TO ENHANCED PROCUREMENT AUTHORITY TO MANAGE
SUPPLY CHAIN RISK.
Section 4806 of the Atomic Energy Defense Act (50 U.S.C. 2786) is
amended--
(1) in subsections (a) and (c), by inserting ``or special
exclusion action'' after ``covered procurement action'' each place
it appears;
(2) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively;
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Delegation of Authority.--The Secretary may delegate the
authority under this section to--
``(1) in the case of the Administration, the Administrator; and
``(2) in the case of any other component of the Department of
Energy, the Senior Procurement Executive of the Department.''; and
(4) in subsection (f), as redesignated by paragraph (2)--
(A) by redesignating paragraph (6) as paragraph (7); and
(B) by inserting after paragraph (5) the following new
paragraph (6):
``(6) Special exclusion action.--The term `special exclusion
action' means an action to prohibit, for a period not to exceed two
years, the award of any contracts or subcontracts by the
Administration or any other component of the Department of Energy
related to any covered system to a source the Secretary determines
to represent a supply chain risk.''.
SEC. 3162. 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
``nine''; and
(2) in subsection (d), by striking ``February 15, 2020'' and
inserting ``February 15, 2025''.
Subtitle H--Other Matters
SEC. 3171. INDEPENDENT STUDY ON POTENTIAL ENVIRONMENTAL EFFECTS OF
NUCLEAR WAR.
(a) Study.--The Administrator for Nuclear Security, in consultation
with the Secretary of Defense and the Director of National
Intelligence, 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 environmental effects of
nuclear war.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) An evaluation of the non-fallout atmospheric effects of
plausible scenarios for nuclear war, ranging from low-quantity
regional exchanges to large-scale exchanges 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 fires and
explosions and the atmospheric, terrestrial, and marine
consequences of such effects, including with respect to changes
in weather patterns, airborne particulate concentrations,
stratospheric ozone, agriculture, and long-term regional
ecosystem viability.
(4) Identification of the capabilities and limitations of the
models described in paragraph (3) for assessing the environmental
effects 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
better 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, the Secretary, the Director, 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) Provision of Information.--
(1) Secretary of defense.--The Secretary shall provide to the
National Academies such information of the Department of Defense as
is necessary for the National Academies to conduct the study under
subsection (a), including information relating to relevant
scenarios described in subsection (b).
(2) Director of national intelligence.--The Director shall
provide to the National Academies such information on foreign
adversary capabilities as is necessary for the National Academies
to conduct the study under subsection (a), including information
relating to relevant scenarios described in subsection (b).
SEC. 3172. REVIEW OF FUTURE OF COMPUTING BEYOND EXASCALE AT THE
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--The Administrator for Nuclear Security, in
consultation with the Secretary of Energy, shall enter into an
agreement with the National Academy of Sciences to review the future of
computing beyond exascale computing to meet national security needs at
the National Nuclear Security Administration.
(b) Elements.--The review required by subsection (a) shall address
the following:
(1) Future computing needs of the National Nuclear Security
Administration that exascale computing will not accomplish during
the 20 years after the date of the enactment of this Act.
(2) Computing architectures that potentially can meet those
needs, including--
(A) classical computing architectures employed as of such
date of enactment;
(B) quantum computing architectures and other novel
computing architectures;
(C) hybrid combinations of classical and quantum computing
architectures; and
(D) other architectures as necessary.
(3) The development of software for the computing architectures
described in paragraph (2).
(4) The maturity of the computing architectures described in
paragraph (2) and the software described in paragraph (3), with key
obstacles that must be overcome for the employment of such
architectures and software.
(5) The secure industrial base that exists as of the date of
the enactment of this Act to meet the unique needs of computing at
the National Nuclear Security Administration, including needs with
respect to--
(A) personnel;
(B) microelectronics; and
(C) other appropriate matters.
(c) Information and Clearances.--The Administrator shall ensure
that personnel of the National Academy of Sciences overseeing the
implementation of the agreement required by subsection (a) or
conducting the review required by that subsection receive, in a timely
manner, access to information and necessary security clearances to
enable the conduct of the review.
(d) Report Required.--
(1) In general.--Not later than 2 years after the date of the
enactment of this Act, the National Academy of Sciences shall
submit to the congressional defense committees a report on the
findings of the review required by subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified annex.
(e) Exascale Computing Defined.--In this section, the term
``exascale computing'' means computing through the use of a computing
machine that performs near or above 10 to the 18th power floating point
operations per second.
SEC. 3173. SENSE OF CONGRESS ON THE AGREEMENT SUSPENDING THE
ANTIDUMPING INVESTIGATION ON URANIUM FROM THE RUSSIAN FEDERATION.
It is the sense of Congress that the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation, dated
October 16, 1992, as most recently amended by an agreement signed by
the United States Department of Commerce and the State Atomic Energy
Corporation Rosatom of the Russian Federation on October 6, 2020 (85
Fed. Reg. 64112), will provide certainty to the United States nuclear
fuel supply chain while avoiding unfair trade practices in the
importation of uranium products from the Russian Federation consistent
with national security and nonproliferation goals of the United States.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Nonpublic collaborative discussions by 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.).
SEC. 3202. NONPUBLIC COLLABORATIVE DISCUSSIONS BY DEFENSE NUCLEAR
FACILITIES SAFETY BOARD.
Section 313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is
amended by adding at the end the following new subsection:
``(k) Nonpublic Collaborative Discussions.--
``(1) In general.--Notwithstanding section 552b of title 5,
United States Code, a quorum of the members of the Board may hold a
meeting that is not open to public observation to discuss official
business of the Board if--
``(A) no formal or informal vote or other official action
is taken at the meeting;
``(B) each individual present at the meeting is a member or
an employee of the Board;
``(C) at least one member of the Board from each political
party is present at the meeting, unless all members of the
Board are of the same political party at the time of the
meeting; and
``(D) the general counsel of the Board, or a designee of
the general counsel, is present at the meeting.
``(2) Disclosure of nonpublic collaborative discussions.--
``(A) In general.--Except as provided by subparagraph (B),
not later than two business days after the conclusion of a
meeting described in paragraph (1), the Board shall make
available to the public, in a place easily accessible to the
public--
``(i) a list of the individuals present at the meeting;
and
``(ii) a summary of the matters, including key issues,
discussed at the meeting, except for any matter the Board
properly determines may be withheld from the public under
section 552b(c) of title 5, United States Code.
``(B) Information about matters withheld from public.--If
the Board properly determines under subparagraph (A)(ii) that a
matter may be withheld from the public under section 552b(c) of
title 5, United States Code, the Board shall include in the
summary required by that subparagraph as much general
information as possible with respect to the matter.
``(3) Rules of construction.--Nothing in this subsection may be
construed--
``(A) to limit the applicability of section 552b of title
5, United States Code, with respect to--
``(i) a meeting of the members of the Board other than
a meeting described in paragraph (1); or
``(ii) any information that is proposed to be withheld
from the public under paragraph (2)(A)(ii); or
``(B) to authorize the Board to withhold from any
individual any record that is accessible to that individual
under section 552a of title 5, United States Code.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
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.
Sec. 3502. Improvements to process for waiving navigation and vessel-
inspection laws and approving foreign vessel charters for
passenger vessels.
Sec. 3503. Superintendent of the United States Merchant Marine Academy.
Sec. 3504. Assistance for inland and small coastal ports and terminals.
Sec. 3505. Maritime transportation system emergency relief program.
Sec. 3506. Sea year cadets on cable security fleet and tanker security
fleet vessels.
Sec. 3507. Centers of excellence for domestic maritime workforce
training and education: technical amendments.
Sec. 3508. Merchant mariner training and education.
Sec. 3509. Publication of information about students and recent
graduates of Maritime Academies.
Sec. 3510. Mariner licensing and credentialing for M/V LISERON.
Subtitle B--Tanker Security Fleet
Sec. 3511. Tanker Security Fleet.
Subtitle C--Other Matters
Sec. 3521. Maritime security and domain awareness.
Sec. 3522. Sense of Congress regarding role of domestic maritime
industry in national security.
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, $85,441,000, of which--
(A) $79,941,000 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, $50,780,000, of which--
(A) $2,400,000 shall remain available until September 30,
2022, for the Student Incentive Program;
(B) $6,000,000 shall remain available until expended for
direct payments to such academies;
(C) $3,800,000 shall remain available until expended for
training ship fuel assistance;
(D) $8,080,000 shall remain available until expended for
offsetting the costs of training ship sharing. and
(E) $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, $67,148,000, of which--
(A) $3,000,000 shall remain available until expended for
activities authorized under section 50307 of title 46, United
States Code; and
(B) $9,775,000 shall remain available until expended for
the Marine Highways Program.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $5,000,000, 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 shall remain available until expended 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 assistance to small
shipyards and for maritime training programs under section 54101 of
title 46, United States Code, $20,000,000, which shall remain
available until expended.
(9) For expenses necessary to implement the Port and Intermodal
Improvement Program, $750,000,000, except that no such funds may be
used to provide a grant to purchase fully automated cargo handling
equipment that is remotely operated or remotely monitored with or
without the exercise of human intervention or control, if the
Secretary determines such equipment would result in a net loss of
jobs within a port or port terminal.
(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.--Title 46, United States Code, is further
amended--
(1) in section 53111(2), by striking ``$314,007,780'' and
inserting ``$494,008,000''; and
(2) in section 54101(i), by striking ``for each of fiscal years
2020 and 2021 to carry out this section $40,000,000'' and inserting
``for fiscal year 2021 to carry out this section $20,000,000''.
SEC. 3502. IMPROVEMENTS TO PROCESS FOR WAIVING NAVIGATION AND VESSEL-
INSPECTION LAWS AND APPROVING FOREIGN VESSEL CHARTERS FOR PASSENGER
VESSELS.
(a) Improvements to Waiver Process.--
(1) In general.--Section 501 of title 46, United States Code,
is amended--
(A) by striking subsection (a) and inserting the following
new subsection (a):
``(a) On Request of Secretary of Defense.--
``(1) In general.--On request of the Secretary of Defense, the
head of an agency responsible for the administration of the
navigation or vessel-inspection laws shall waive compliance with
those laws to the extent the Secretary considers necessary in the
interest of national defense to address an immediate adverse effect
on military operations.
``(2) Submittal of explanation to congress.--Not later than 24
hours after making a request under paragraph (1), the Secretary of
Defense shall submit to the Committee on Transportation and
Infrastructure and the Committee on Armed Services of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on 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.'';
(B) in subsection (b)--
(i) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(ii) by inserting after paragraph (1) the following new
paragraph (2):
``(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
(iii) 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 subsection.'';
(C) by redesignating subsection (c) as subsection (d); and
(D) 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.''.
(2) Applicability.--The amendments made by paragraph (1) shall
apply with respect to waivers issued after the date of the
enactment of this Act.
(b) Foreign Vessel Charters for Passenger Vessels.--For fiscal year
2020 and each subsequent fiscal year, the Maritime Administrator shall
make publicly available on an appropriate website of the Maritime
Administration--
(1) a detailed summary of each request for a determination,
approval, or confirmation that a vessel charter for a passenger
vessel is encompassed by the general approval of time charters
issued pursuant to section 56101 of title 46, United States Code,
or regulations prescribed pursuant to such section; and
(2) the final action of the Administration with respect to such
request, after the provision of notice and opportunity for public
comment.
SEC. 3503. SUPERINTENDENT OF THE UNITED STATES MERCHANT MARINE ACADEMY.
(a) 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.
(b) Qualifications of Superintendent.--Section 51301(c)(2) of title
46, United States Code, is amended--
(1) 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
(2) in subparagraphs (B)(i)(I) and (C)(i), by inserting
``merchant marine,'' before ``Navy,''.
SEC. 3504. 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) in the matter preceding subparagraph (A), by
inserting ``or subsection (d)'' after ``this subsection'';
and
(ii) in subparagraph (G), by inserting ``, including
the owners or operators of a facility, or collection of
facilities at a port'' after ``private entities'';
(B) in paragraph (5)--
(i) in subparagraph (A), by inserting ``or subsection
(d)'' after ``this subsection'';
(ii) in subparagraph (B)--
(I) by striking ``60'' and inserting ``90''; and
(II) by inserting ``or subsection (d)'' after
``this subsection'';
(C) in paragraph (6), by striking subparagraph (C);
(D) in paragraph (7)--
(i) in subparagraph (B)--
(I) by striking ``25 percent'' and inserting ``18
percent''; and
(II) by striking ``paragraph (3)(A)'' and all that
follows through the period at the end of clause (ii)
and inserting ``subsection (d). The requirement under
paragraph (6)(A)(ii) shall not apply to grants made
under subsection (d).''; and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) Development phase activities.--Of the amounts made
available for grants under this section for a fiscal year--
``(i) not more than 10 percent may be used to make
grants for development phase activities under paragraph
(3)(B); and
``(ii) not more than 10 percent may be used to make
grants for development phase activities under subsection
(d)(3)(A)(ii)(III).'';
(E) in paragraph (8)--
(i) in subparagraph (A)--
(I) by inserting ``or subsection (d)'' after ``this
subsection'' the first place it appears; and
(II) by striking ``a project under this
subsection'' and inserting ``the project for which the
grant is requested'';
(ii) in subparagraph (B)--
(I) in clause (i) by striking ``under this
subsection'' and inserting ``under this subsection or
subsection (d)''; and
(II) in clause (ii) by inserting ``for which a
grant is awarded under subsection (d) or that is''
after ``project''; and
(F) in paragraph (9), by inserting ``for grants made under
this subsection and subsection (d)'' after ``procedures'';
(G) in paragraph (10), by inserting ``or subsection (d)''
after ``this subsection'';
(H) in paragraph (11)--
(i) in subparagraph (A)--
(I) by striking ``under this subsection'' and
inserting ``to make grants for port development under
this section''; and
(II) by striking ``to carry out this subsection''
and inserting ``to make grants for port development
under this section'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``for carrying out
this subsection'' and inserting ``to make grants for
port development under this section''; and
(II) in clause (ii)--
(aa) by striking ``under this subsection'' and
inserting ``for port development under this
section'';
(bb) by inserting ``or that are returned under
paragraph (9)(C)'' after ``the award''; and
(cc) by adding at the end the following new
sentence: ``Any such amount may only be expended to
award a grant under the same subsection of this
section under which the original grant was made.'';
and
(I) in paragraph (12)--
(i) by inserting ``and subsection (d)'' after ``this
subsection''; and
(ii) by striking subparagraph (A) and redesignating
subparagraphs (B) through (D) as subparagraphs (A) through
(C), respectively;
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Assistance for Small Inland and Coastal Ports and
Terminals.--
``(1) In general.--From amounts reserved under subsection
(c)(7)(B), the Secretary, acting through the Administrator of the
Maritime Administration, shall make grants under this subsection to
eligible applicants for eligible projects at a port, 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
United States Army Corps of Engineers data or data provided by an
independent audit the findings of which are acceptable to the
Secretary.
``(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 a port; and
``(ii) the competitive disadvantage of such a port;
``(B) not make more than 1 award per applicant under this
subsection for each fiscal year appropriation; and
``(C) take into consideration the degree to which a project
would promote the enhancement and efficiencies of a port.
``(3) Use of funds.--
``(A) In general.--Assistance provided under this
subsection may be used for a project that--
``(i) is--
``(I) within the boundary of a port; or
``(II) outside the boundary of a port, but is
directly related to port operations or to an intermodal
connection to a port; and
``(ii) for--
``(I) making capital improvements, including to
piers, wharves, docks, terminals, and similar
structures used principally for the movement of goods;
``(II) acquiring, improving, repairing, or
maintaining transportation or physical infrastructure,
buildings, or equipment;
``(III) performing development phase activities
described in subsection (c)(3)(B) related to carrying
out an activity described in this clause; and
``(IV) otherwise fulfilling 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 outside the boundary
of a port unless such property is directly related to port
operations or to an intermodal connection to a port;
``(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 that is part of a Federal channel or an access
channel associated with a Federal channel, authorized, as of
the date of the application for assistance under this
subsection, to be carried out by of the United States Army
Corps of Engineers.
``(5) Matching requirements.--
``(A) In general.--Any costs of the project to be paid by
the recipient's matching share pursuant to subsection (c)(8)(B)
may--
``(i) be incurred prior to the date on which assistance
is provided; and
``(ii) include a loan agreement, a commitment from
investors, cash on balance sheet, or other contributions
determined acceptable by the Secretary.
``(B) Determination of effectiveness.--In determining
whether a project meets the criteria under clauses (i), (iii),
(iv), (v), and (vi) of subsection (c)(6)(A), the Secretary
shall accept documentation used to obtain a commitment of the
matching funds covered by this paragraph, including feasibility
studies, business plans, investor prospectuses, loan
applications, or similar documentation.''; and
(4) in subsection (e)(3), as so redesignated--
(A) by inserting ``or subsection (d)'' after ``subsection
(c)''; and
(B) by striking ``to port authorities or commissions or
their subdivisions and agents'' and inserting ``to any eligible
applicants as described in subsection (c)(2)''.
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) General Authority.--The Maritime Administrator may make
grants to, and enter into contracts and agreement with, eligible State
and Tribal entities and eligible entities for--
``(1) 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
``(2) eligible operating costs of United States maritime
transportation equipment and facilities in an area directly
affected by an emergency during--
``(A) the one-year period beginning on the date of a
declaration of an emergency referred to in subparagraph (A) or
(B) of subsection (j)(4); and
``(B) an additional one-year period beginning one year
after the date of an emergency referred to in subparagraph (A)
or (B) of subsection (j)(4), 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.
``(b) Allocation.--
``(1) In general.--The Maritime Administrator shall determine
an appropriate method for the equitable allocation and distribution
of funds under this section to eligible State and Tribal entities
and eligible entities.
``(2) Priority.--To the extent practicable, in allocating and
distributing funds under this section, the Maritime Administrator
shall give priority to applications submitted by eligible State or
Tribal entities.
``(c) 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.
``(d) 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.
``(e) Grant Requirements.--A grant awarded under this section that
is made to address an emergency referred to in subsection (j)(4)(B)
shall be--
``(1) subject to the terms and conditions the Maritime
Administrator determines are necessary;
``(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; and
``(3) made only for expenses that are not reimbursed under any
type of marine insurance.
``(f) Federal Share of Costs.--The Federal share payable of the
costs for which a grant is made under this section shall be 100
percent.
``(g) Administrative Costs.--Of the amounts available to carry out
this section, not more than two percent may be used for administration
of this section.
``(h) 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.
``(i) Reports.--On an annual basis, the Maritime Administrator
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 financial assistance
provided under this section during the year covered by the report. Each
such report shall include, for such year, a description of such
assistance provided and of how such assistance--
``(1) affected the United States maritime transportation
system;
``(2) mitigated the financial impact of the emergency on the
recipient of the assistance; and
``(3) protected critical infrastructure in the United States.
``(j) Definitions.--In this section:
``(1) Eligible state or tribal entity.--The term `eligible
State or Tribal entity' means--
``(A) a port authority; or
``(B) a vessel owned and operated by a State or Tribal
government and facilities associated with the operation of such
vessel.
``(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, 4883, or 6113, or in the case of such
construction, transportation, or support activities conducted
by a fish processing vessel, such an assigned code beginning
with 3117; or
``(B) as determined by the Secretary of Transportation--
``(i) construction or water transportation 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;
``(K) fuel; and
``(L) other maritime transportation system operations, as
determined by the Secretary of Transportation;
``(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) 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 added 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. 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. 3507. 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. 3508. MERCHANT MARINER TRAINING AND EDUCATION.
(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 recruitment, training, and retention
strategic plan
``(a) Strategic Plan.--
``(1) In general.--Not later than one year after the date of
the enactment of this section, and at least once every five years
thereafter until the termination date under paragraph (6), 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
five-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 for the United States merchant marine workforce
development.
``(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 stakeholders in the
maritime industry.
``(5) Transmittal to congress.--The Secretary shall transmit
copies of any 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.
``(6) Termination date.--The requirement to publish a plan
under this paragraph shall terminate on the date that the
Administrator of the Maritime Administration determines that there
is an adequate number of United States mariners for sustained
strategic sealift.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``51707. Merchant mariner recruitment, training, and retention strategic
plan.''.
(c) Study and Report on Financial Assistance for Training Merchant
Mariners.--
(1) Study required.--The Administrator of the Maritime
Administration, in coordination with the Secretary of Education,
the Secretary of Labor, and the Secretary of Veterans Affairs,
shall conduct a study to--
(A) identify Federal financial assistance available 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 1 of
title 46, Code of Federal Regulations;
(B) identify individuals eligible for assistance described
in subparagraph (A); and
(C) develop recommendations to improve licensed and
unlicensed merchant mariner access to assistance described in
subparagraph (A).
(2) Report and briefing.--Not later than 180 days after the
date of the enactment of this Act, the Administrator of the
Maritime Administration shall--
(A) provide to 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 results of the study required under
paragraph (1); and
(B) make such results publicly available on an appropriate
website.
SEC. 3509. PUBLICATION OF INFORMATION ABOUT STUDENTS AND RECENT
GRADUATES OF MARITIME ACADEMIES.
Not later than one year after the date of the enactment of this
Act, the Maritime Administrator shall make publicly available on an
appropriate website data, as available, on the following:
(1) The number of individuals who graduated from the United
States Merchant Marine Academy and from each State Maritime Academy
during the five-year period preceding the date of the enactment of
this Act.
(2) The number of such individuals 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 in each class at each State Maritime
Academy who are receiving as of the date of the enactment of this
Act, or who received during such five-year period, 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 and who graduated without
an obligation under such program.
(5) The number of students described under paragraph (3) who
graduated with an obligation under such program.
SEC. 3510. MARINER LICENSING AND CREDENTIALING FOR M/V LISERON.
(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
such 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.
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 533 the following new
chapter:
``CHAPTER 534--TANKER SECURITY FLEET
``53401. Definitions.
``53402. Establishment of the Tanker Security Fleet.
``53403. Award of operating agreements.
``53404. Effectiveness of operating agreements.
``53405. Obligations and rights under operating agreements.
``53406. Payments.
``53407. National security requirements.
``53408. Regulatory relief.
``53409. Special rule regarding age of participating Fleet vessels.
``53410. Regulations.
``53411. Authorization of appropriations.
``53412. Acquisition of Fleet vessels.
``Sec. 53401. 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.
``(2) Participating fleet vessel.--The term `participating
Fleet vessel' means any product tank vessel covered by an operating
agreement under this chapter on or after January 1, 2022, that--
``(A) meets the requirements of one of paragraphs (1)
through (4) of section 53402(b) of this title; and
``(B) is no more than 20 years of age.
``(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) Product tank vessel.--The term `product tank vessel'
means a double-hulled tank vessel capable of carrying
simultaneously more than 2 separated grades of refined petroleum
products.
``(5) Program participant.--The term `program participant'
means an owner or operator of a vessel that enters into an
operating agreement covering a participating fleet vessel with the
Secretary under section 53403.
``(6) Secretary.--The term `Secretary' means the Secretary of
Transportation, unless the context indicates otherwise.
``(7) 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 of this title 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. 53402. 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 tank
vessels 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' (hereafter 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;
``(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 of
this title 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 of this title.
``(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
of this title.
``(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 of this title 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 of this title;
``(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 of this title, and
are appointed and subjected to removal only upon
approval by the Secretary of Transportation; and
``(III) that certifies to the Secretary of
Transportation that there are no treaties, statutes,
regulations, or other laws that would prohibit the
program participant 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 of
this title, the other person enters into an agreement with the
Secretary of Transportation 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 contractor.--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 of this title;
``(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
paragraph; 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 program participant 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 of this title; and
``(B) demise chartered to a person that is a citizen of the
United States under section 50501 of this title.
``(d) Request by Secretary of Defense.--The Secretary of Defense
shall request that the Secretary of Homeland Security issue any waiver
under section 501 of this title 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 the Secretary of the department in which
the Coast Guard is operating 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 Secretary of the department in
which the Coast Guard is operating 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 of this title; 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) Continued eligibility for certificate.--Subsection (a)
shall not apply to any vessel that has failed to comply with the
applicable international agreements and associated guidelines
referred to in paragraph (1)(B).
``(3) 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 Commandant of
the Coast Guard 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. 53403. 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 program
participant of the vessel enter into an operating agreement with the
Secretary under this section.
``(b) Procedure for Applications.--
``(1) Eligible vessels.--The Secretary of Transportation shall
accept an application for an operating agreement for an eligible
product tank vessel under the priority under paragraph (2) only
from a person that has authority to enter into an operating
agreement under this chapter.
``(2) Establishment of priority.--The Secretary of
Transportation may enter into a new operating agreement with an
applicant that meets the requirements of section 53402(c) for a
vessel that meets the qualifications of section 53402(b), and shall
give priority to applications based on--
``(A) vessel capabilities, as established by the Secretary
of Defense; then
``(B) after consideration of vessel type, according to an
applicant's record of owning and operating vessels; then
``(C) after consideration of ownership and operation,
according to such additional priorities as the Secretary of
Transportation may consider appropriate.
``(3) Concurrence of award.--The Secretary of Transportation
may not approve an application for an operating agreement without
the concurrence of the Secretary of Defense.
``(c) Limitation.--For any fiscal year, the Secretary of
Transportation may not award operating agreements under this chapter
that require payments under section 53406 of this title for more than
10 vessels.
``(d) Judicial Review.--No court shall have jurisdiction to review
the Secretary's decision with respect to the award or non-award of an
operating agreement issued under this chapter.
``Sec. 53404. Effectiveness of operating agreements
``(a) In General.--Subject to the availability of appropriations
for such purpose, the Secretary may enter into an operating agreement
under this chapter for fiscal year 2022 and any subsequent fiscal year.
The agreement shall be effective only for 1 fiscal year, but shall be
renewable, subject to the availability of appropriations, for each
fiscal year through the end of fiscal year 2035.
``(b) Vessels Under Charter to the United States.--The program
participant 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 program participant
compliance.--If the program participant with respect to an
operating agreement materially fails to comply with the terms of
the agreement--
``(A) the Secretary shall notify the program participant
and provide a reasonable opportunity to comply with the
operating agreement; and
``(B) the Secretary shall terminate the operating agreement
if the program participant fails to achieve such compliance.
``(2) Termination by program participant.--If a program
participant provides notice of the intent to terminate an operating
agreement under this chapter on a date specified by not later than
60 days prior to the date specified by the program participant for
such termination, such agreement shall terminate on the date
specified by the program participant.
``(d) Nonrenewal for Lack of Funds.--If, by the first day of a
fiscal year, sufficient funds have not been appropriated under the
authority provided by this chapter for that fiscal year, then the
Secretary shall 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 operating
agreements authorized under this chapter for which sufficient funds are
not available will not be renewed for that fiscal year if sufficient
funds are not appropriated by the 60th day of that fiscal year.
``(e) Release of Vessels From Obligations.--If funds are not
appropriated for payments under an operating agreement under this
chapter for any fiscal year by the 60th day of that fiscal year, then--
``(1) each vessel covered by the operating agreement is thereby
released from any further obligation under the operating agreement;
``(2) the program participant for the vessel may transfer and
register such vessel under a foreign registry that is acceptable to
the Secretary of Transportation and the Secretary of Defense,
notwithstanding section 56101 of this title; and
``(3) if chapter 563 of this title is applicable to the vessel
after registration, then the vessel is available to be
requisitioned by the Secretary pursuant to chapter 563 of this
title.
``Sec. 53405. 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 of this title, 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 of this title.
``(b) Annual Payments by the Secretary.--
``(1) In general.--An operating agreement under this chapter
shall require, subject to the availability of appropriations, that
the Secretary make a payment to the program participant in
accordance with section 53406.
``(2) 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) Documentation Requirement.--Each vessel covered by the
operating agreement, including an agreement terminated under section
53404(c)(2), shall remain documented under chapter 121 of this title
until the date the operating agreement would terminate according to its
terms.
``(d) National Security Requirements.--
``(1) In general.--A program participant with respect to an
operating agreement, including an agreement terminated under
section 53404(c)(2), shall continue to be bound by the provisions
of section 53407 until the date the operating agreement would
terminate according to its terms.
``(2) Emergency preparedness agreement.--All terms and
conditions of an Emergency Preparedness Agreement entered into
under section 53407 shall remain in effect until the date the
operating agreement would terminate according to its terms, except
that the terms of such Emergency Preparedness Agreement may be
modified by the mutual consent of the program participant, the
Secretary of Transportation, and the Secretary of Defense.
``(e) Transfer of Operating Agreements.--A program participant may
transfer an operating 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 Secretary of
Transportation and the Secretary of Defense determine that the transfer
is in the best interests of the United States.
``(f) Replacement of Vessels Covered by Agreements.--A program
participant may replace the vessel with another vessel that is eligible
to be included in the Fleet under section 53402(b), if the Secretary of
Transportation, in coordination with the Secretary of Defense, approves
the replacement of the vessel. No court shall have jurisdiction to
review a decision by the Secretary of Transportation or the Secretary
of Defense pertaining to the replacement of a vessel under this
section.
``Sec. 53406. 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 program participant for 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 program participant shall certify, in accordance with regulations
issued by the Secretary, that the vessel has been and will be operated
in accordance with section 53405(a) of this title 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;
``(2) more than 20 years of age; or
``(3) simultaneously operating under an agreement pursuant to
chapter 531 of this title.
``(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--
``(A) the operation of the vessel to carry military or
other preference cargoes under section 55302(a), 55304, 55305,
or 55314 of this title, section 2631 of title 10, or any other
cargo preference law of the United States; or
``(B) any days in which the vessel is operated under
charter to the United States Government;
``(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 of
this title; 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 53405 of this title.
``(e) Limitations Regarding Noncontiguous Domestic Trade.--
``(1) In general.--No program participant 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 program participant that is a citizen of the United States
within the meaning of section 50501 of this title, 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. 53407. 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 program participant for an operating agreement under this
chapter shall agree, as a condition of the operating agreement, to
enter into an emergency preparedness agreement with the Secretary. The
Secretary shall negotiate and enter into an Emergency Preparedness
Agreement with each program participant as promptly as practicable
after the program participant 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 program participant 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 program
participant and the approval by the Secretary of Defense.
``(c) Participation After Expiration of Operating Agreement.--
Except as provided by section 53406, the Secretary of Transportation
may not require, through an emergency preparedness agreement or an
operating agreement, that a program participant 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 program participant 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 program participant's service to commercial
customers.
``(e) Compensation.--
``(1) In general.--The Secretary of Transportation shall
include in each Emergency Preparedness Agreement provisions
approved by the Secretary of Defense under which 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 program participant'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 program participant 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 53406 of this title.
``(f) Temporary Replacement Vessels.--Notwithstanding section
55302(a), 55304, 55305, or 55314 of this title, section 2631 of title
10, or any other cargo preference law of the United States--
``(1) a program participant 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-approved 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 of
this title and section 2631 of title 10, United States Code, 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
program participant in the same good order and condition as when
received, less ordinary wear and tear, or the Secretary of Defense
shall fully compensate the program participant 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 a program participant's commercial business or other
consequential damages to the program participant arising from the
activation of commercial transportation resources under an
emergency preparedness agreement.
``Sec. 53408. Regulatory relief
``(a) Operation in Foreign Commerce.--A program participant 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) of
this title 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 approval 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 approval standards.
``Sec. 53409. Special rule regarding age of participating Fleet vessels
``Any age restriction under section 53402(b)(4) of this title 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 determines that the
program participant for 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
53402(b) of this title.
``Sec. 53410. 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. 53411. Authorization of appropriations
``There is authorized to be appropriated for payments under section
53406, $60,000,000 for each of fiscal years 2022 through 2035, to
remain available until expended.
``Sec. 53412. 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
program participant of the vessel, the Secretary of Transportation is
authorized, 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 V of
title 46, United States Code, is amended by adding at the end the
following:
``534. Tanker Security Fleet....................................53401''.
(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 534 of title 46, United
States Code, as added by subsection (a), by not later than 60 days
after the date of the enactment of this title.
(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 of Transportation, 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.
(3) Vessels operating in maritime security fleet.--
Notwithstanding the requirements of section 53402(b) of title 46,
United States Code, the Secretary of Transportation shall approve
an application submitted under chapter 534 of title 46, United
State Code, for a product tank vessel for which there is, on the
date of enactment of this title, an effective operating agreement
under chapter 531 of title 46, United States Code.
(d) Effective Date.--
(1) In general.--This section shall take effect on the date on
which the Secretary of Defense--
(A) has completed the report on United States flagged fuel
tanker vessel capacity as required by section 3519 of the
National Defense Authorization Act for Fiscal Year 2020;
(B) has submitted that report to the appropriate committees
of Congress;
(C) publishes certification--
(i) that a program for United States-flagged fuel
tanker vessels as prescribed in chapter 534 of title 46,
United States Code, as amended by this section, for the
purpose of providing additional United States-flagged fuel
tanker vessels is in the national security interest of the
United State; and
(ii) of the number of such additional tankers covered
under such a program that could be necessary to meet
Department of Defense wartime requirements.
(2) Appropriate committees of congress defined.--In this
section 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.
Subtitle C--Other Matters
SEC. 3521. 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, the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Foreign Relations of the
Senate 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 one 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, the Committee
on Foreign Relations, 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, the Committee
on Foreign Relations, 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) Elements.--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
submitted 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 (subtitle C of title XXXV of Public Law 116-92)
shall have the meaning given such term in that Act.
SEC. 3522. SENSE OF CONGRESS REGARDING ROLE OF DOMESTIC MARITIME
INDUSTRY IN NATIONAL SECURITY.
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.
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. 4102. Procurement for overseas contingency operations.
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
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..... 160,750 296,750
Program increase-- [136,000]
F Block II.
015 CH-47 HELICOPTER AP.. 18,372 47,372
Program increase-- [29,000]
F Block II.
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........... 118,316 110,576
Sensors cost [-7,740]
growth.
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
UNDISTRIBUTED
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 3,219,654
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 378,654 374,587
Production costs [-4,067]
previously funded.
003 MSE MISSILE.......... 603,188 603,188
004 PRECISION STRIKE 49,941 49,941
MISSILE (PRSM).
005 INDIRECT FIRE 106,261 65,469
PROTECTION
CAPABILITY INC 2-I.
Army identified [-40,792]
funds excess to
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 850,157 845,157
(GMLRS).
Excess tooling [-5,000]
request.
012 MLRS REDUCED RANGE 30,836 30,836
PRACTICE ROCKETS
(RRPR).
013 HIGH MOBILITY 41,226 51,226
ARTILLERY ROCKET
SYSTEM (HIMARS).
Army requested [10,000]
transfer from
OM,A line 121.
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
UNDISTRIBUTED
025 AIR DEFENSE TARGETS.. 8,978 8,978
TOTAL MISSILE 3,491,507 3,451,648
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 192,971 139,254
VEHICLE (AMPV).
Forward financing [-53,717]
of vehicle
manufacturing.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER UPGRADE...... 847,212 1,168,212
CROWS-J program [-39,160]
delay.
Program increase-- [375,000]
Army UPL.
Unit cost growth. [-14,840]
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 26,893
MODIFICATIONS.
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 18,382
012 JOINT ASSAULT BRIDGE. 72,178 19,247
Program delay.... [-52,931]
013 M1 ABRAMS TANK (MOD). 392,013 392,013
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
UNDISTRIBUTED
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 3,840,885
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 68,472 65,659
TYPES.
E95700 unit cost [-2,813]
growth.
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, 233,444 232,226
105MM AND 120MM, ALL
TYPES.
E73201 excess [-1,218]
cost growth.
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 35,963 35,963
75MM & 105MM, ALL
TYPES.
015 ARTILLERY PROJECTILE, 293,692 291,292
155MM, ALL TYPES.
Program delays... [-2,400]
016 PROJ 155MM EXTENDED 69,159 64,909
RANGE M982.
E80103 unit cost [-4,250]
growth.
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 4,995
OBSTACLE.
ROCKETS
020 SHOULDER LAUNCHED 69,112 69,112
MUNITIONS, ALL TYPES.
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
UNDISTRIBUTED
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 2,869,035
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 12,986 9,653
DOLLY SETS.
Prior year [-3,333]
carryover.
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 99,135
TACTICAL TRUCK EXT
SERV.
Program increase. [33,500]
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 4,968
OTHER.
Excess carryover. [-14,902]
COMM--JOINT
COMMUNICATIONS
022 SIGNAL MODERNIZATION 160,469 151,179
PROGRAM.
Unit cost growth. [-9,290]
023 TACTICAL NETWORK 360,379 347,782
TECHNOLOGY MOD IN
SVC.
Program delays... [-5,380]
Unit cost growth. [-7,217]
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 69,750
TACTICAL COMMAND
COMMUNICATIONS.
AFRICOM force [1,000]
protection
upgrades.
Program delays... [-3,700]
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 92,119
INFRASTRUCTURE (TSI).
Contract [-2,752]
management growth.
COMM--COMBAT
COMMUNICATIONS
037 HANDHELD MANPACK 550,848 552,348
SMALL FORM FIT (HMS).
AFRICOM force [1,500]
protection
upgrades.
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 159,272 159,272
SECURITY (COMSEC).
053 DEFENSIVE CYBER 54,753 42,753
OPERATIONS.
Army requested [-12,000]
transfer to RDTE
army line 267 for
program
management.
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 30,761
COMMUNICATIONS.
AFRICOM UFR force [1,000]
protection
upgrades.
COMM--BASE
COMMUNICATIONS
058 INFORMATION SYSTEMS.. 147,696 147,696
059 EMERGENCY MANAGEMENT 4,900 0
MODERNIZATION
PROGRAM.
Excess carryover. [-4,900]
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 14,069
PROTECTION FAMILY OF
SYSTEMS.
AFRICOM UFR force [4,000]
protection
upgrades.
089 FAMILY OF WEAPON 133,590 115,090
SIGHTS (FWS).
Program decrease. [-18,500]
091 JOINT BATTLE COMMAND-- 243,850 243,850
PLATFORM (JBC-P).
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 201,587 198,587
SYSTEM.
Program reduction [-3,000]
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 140,619 138,841
PROCESSING EQUIP.
AIE travel costs [-1,778]
excess.
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 154,937 149,937
Unit cost [-5,000]
discrepancies.
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 78,250
PETROLEUM & WATER.
tank rack module [-198]
unit cost growth.
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 77,214
TEST EQUIPMENT
(IFTE).
ICE WATS [-1,364]
previously funded.
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 84,251
SYSTEMS (OPA3).
AFRICOM UFR force [12,000]
protection
upgrades.
Unjustified [-3,248]
request.
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
UNDISTRIBUTED
189 INITIAL SPARES--C&E.. 9,950 9,950
TOTAL OTHER 8,625,206 8,281,777
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 1,761,146 1,725,400
HORNET.
Ancillary [-13,367]
equipment excess
cost growth.
Contract award [-14,023]
savings.
Rec flyaway ECO [-8,356]
excess growth.
002 F/A-18E/F (FIGHTER) 28,100
HORNET AP.
FY22 aircraft.... [28,100]
003 JOINT STRIKE FIGHTER 2,181,780 2,371,897
CV.
Additional [200,000]
aircraft.
Lot 15 target [-9,883]
cost savings.
004 JOINT STRIKE FIGHTER 330,386 330,386
CV AP.
005 JSF STOVL............ 1,109,393 1,075,465
Unit cost [-33,928]
adjustment.
006 JSF STOVL AP......... 303,035 303,035
007 CH-53K (HEAVY LIFT).. 813,324 800,634
Force Design 2030 [-12,690]
realignment NRE
excess.
008 CH-53K (HEAVY LIFT) 201,188 201,188
AP.
009 V-22 (MEDIUM LIFT)... 934,793 1,121,949
CMV unit cost [-24,244]
adjustment.
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 1,420,034
Additional [1,420,000]
aircraft only for
the Navy Reserve.
Line shutdown [-80,100]
early to need.
015 E-2D ADV HAWKEYE..... 626,109 611,106
unjustified [-15,003]
growth peculiar
training
equipment.
016 E-2D ADV HAWKEYE AP.. 123,166 123,166
TRAINER AIRCRAFT
017 ADVANCED HELICOPTER 269,867 236,146
TRAINING SYSTEM.
Other ILS excess [-33,721]
growth.
OTHER AIRCRAFT
018 KC-130J.............. 380,984 375,558
Unit cost growth. [-5,426]
019 KC-130J AP........... 67,022 67,022
021 MQ-4 TRITON.......... 150,570 244,464
One additional [130,000]
aircraft.
Production line [-36,106]
preservation
costs excess to
need.
023 MQ-8 UAV............. 40,375 40,375
024 STUASL0 UAV.......... 30,930 30,930
026 VH-92A EXECUTIVE HELO 610,231 589,042
ECO price [-1,010]
adjustment.
Unit cost [-20,179]
adjustment.
MODIFICATION OF
AIRCRAFT
028 F-18 A-D UNIQUE...... 208,261 195,710
USMC AESA radar [-12,551]
excess unit cost
growth (OSIP 21-
00; ECP 583).
029 F-18E/F AND EA-18G 468,954 429,460
MODERNIZATION AND
SUSTAINM.
OSIP 11-10 [-14,723]
support excess
growth.
OSIP 11-10 unit [-15,787]
cost growth.
OSIP 11-10 [-8,984]
unstallation
equipment excess
growth.
030 AEA SYSTEMS.......... 21,061 21,061
031 AV-8 SERIES.......... 34,082 34,082
032 INFRARED SEARCH AND 158,055 127,695
TRACK (IRST).
Installation [-9,654]
equipment excess
growth.
Support equipment [-20,706]
excess growth.
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]
Alternative low
frequency active
sonar for risk
reduction.
037 H-1 SERIES........... 185,140 152,562
APR-39D(V)2 kits [-6,720]
early to need.
ECS thermal kits [-1,245]
previously funded.
FMV Phase 2.0 [-2,440]
kits previously
funded.
Installation [-4,379]
equipment NRE
excess growth.
Installation [-4,317]
equipment NRE
unjustified
request.
Other support [-5,256]
excess growth.
Rotor brake [-5,500]
system kits
previously funded.
Target sight [-2,721]
system block
upgrade unit cost
growth.
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......... 141,705 124,653
GFE excess growth [-8,509]
Installation [-1,802]
excess growth.
JAGM A kit [-6,741]
procurement and
installation
early to need.
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 45,401
MODS.
Aviation body [5,000]
armor vest.
053 COMMON ECM EQUIPMENT. 138,480 134,370
H-1 kit cost [-2,091]
growth (OSIP 014-
90).
MV-22 kit cost [-2,019]
growth (OSIP 014-
90).
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........... 180,530 172,821
Increment 3 [-7,709]
aircrew trainers
previously funded.
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 9,969
Operating base [-3,029]
installation
early to need.
066 RQ-21 SERIES......... 18,550 14,725
SURFR payload [-3,825]
suite unit cost
growth.
AIRCRAFT SPARES AND
REPAIR PARTS
070 SPARES AND REPAIR 2,198,460 2,088,679
PARTS.
Additional F-35B/ [30,000]
C spares.
CH-53K spares [-25,984]
excess growth.
E-2D AHE spares [-14,773]
excess growth.
Spares for [-47,555]
modifications
excess growth.
Spares for repair [-15,300]
of repairables
excess growth.
VH-92 spares [-36,169]
excess growth.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
UNDISTRIBUTED
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 18,545,253
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............. 277,694 247,874
Contract award [-26,040]
delay.
Unit cost [-3,780]
carryover.
TACTICAL MISSILES
004 AMRAAM............... 326,952 326,952
005 SIDEWINDER........... 126,485 126,485
007 STANDARD MISSILE..... 456,206 406,206
Transition to [-50,000]
production
request
unjustified.
008 STANDARD MISSILE AP.. 66,716 66,716
009 SMALL DIAMETER BOMB 78,867 74,267
II.
Contract award [-4,600]
delay.
010 RAM.................. 90,533 90,533
011 JOINT AIR GROUND 49,386 49,386
MISSILE (JAGM).
014 AERIAL TARGETS....... 174,336 171,408
EM443 hardware [-2,375]
procurements/
modifications
excess growth.
EM702 ground [-553]
equipment
previously funded.
015 DRONES AND DECOYS.... 41,256 19,956
MALD concurrency. [-21,300]
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........ 164,915 161,308
MST kits excess [-3,607]
cost growth.
020 ESSM................. 215,375 212,637
Excessive [-2,738]
production
support growth.
022 HARM MODS............ 147,572 122,649
AARGM AUR [-7,060]
installation kits
excess cost
growth.
AARGM ER [-16,657]
installation kits
excess cost.
AARGM ER long [-1,206]
lead compontents
unjustified
request.
023 STANDARD MISSILES 83,654 74,654
MODS.
SM-2 BLK IIIAZ [-4,900]
Modification unit
cost growth.
Unjustified DMS [-4,100]
request.
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... 110,286 103,441
HAAWC kits early [-6,845]
to need.
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
UNDISTRIBUTED
045 SPARES AND REPAIR 159,578 159,578
PARTS.
TOTAL WEAPONS 4,884,995 4,729,234
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 29,474
AMMUNITION.
MK 187 mod 0 [-2,043]
projectile unit
cost growth.
010 INTERMEDIATE CALIBER 38,005 36,138
GUN AMMUNITION.
BA23 contract [-1,867]
award delay.
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
UNDISTRIBUTED
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 73,901
AMMUNITION.
A059 unit cost [-8,195]
growth.
A940 LAP contract [-79]
price savings.
AB57 unit cost [-1,045]
growth.
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 883,602 830,531
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 1,253,175
SUBMARINE AP.
Submarine [130,000]
supplier
stability.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 997,544 907,544
PROGRAM.
Full funding [-90,000]
early to need.
004 CVN-81............... 1,645,606 1,606,432
Full funding [-39,174]
early to need.
005 VIRGINIA CLASS 2,334,693 4,620,471
SUBMARINE.
Restore second [2,296,000]
Virginia-class
SSN.
Unjustified cost [-10,222]
growth.
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 3,010,270
Available prior- [-30,000]
year funds.
011 DDG-51 AP............ 29,297 334,297
LLTM for FY22 DDG- [130,000]
51s.
Surface ship [175,000]
supplier
stability.
013 FFG-FRIGATE.......... 1,053,123 1,053,123
AMPHIBIOUS SHIPS
014 LPD FLIGHT II........ 1,155,801 1,125,801
Excessive unit [-28,000]
cost growth.
Transfer to Line [-2,000]
15.
015 LPD FLIGHT II AP..... 2,000
Transfer from [2,000]
Line 14 for LPD-
32 and LPD-33.
017 LHA REPLACEMENT...... 500,000
LHA-9 program [500,000]
increase.
019 EXPEDITIONARY FAST 260,000
TRANSPORT (EPF).
One additional [260,000]
ship.
UNDISTRIBUTED
022 TOWING, SALVAGE, AND 168,209 168,209
RESCUE SHIP (ATS).
023 LCU 1700............. 87,395 87,395
024 OUTFITTING........... 825,586 766,334
Unjustified cost [-59,252]
growth.
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 23,409,109
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 11,738 11,738
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 58,497 54,810
HM&E.
HM&E condition [-3,687]
system
unjustified
growth.
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.............. 547,569 512,155
Installation [-35,414]
excess unit 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 64,632
EQUIPMENT.
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 $5 105,715 105,715
MILLION.
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 1,248,621
REPAIR AND
MODERNIZATION.
LCS in-service [-12,100]
modernization
excess cost
growth.
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 218,822 187,608
MODULES.
Excess [-31,214]
procurement ahead
of satisfactory
testing.
032 LCS ASW MISSION 61,759 38,359
MODULES.
Excess [-23,400]
procurement ahead
of satisfactory
testing.
033 LCS SUW MISSION 24,412 24,412
MODULES.
034 LCS IN-SERVICE 121,848 121,848
MODERNIZATION.
035 SMALL & MEDIUM UUV... 67,709 37,609
SMCM UUV excess [-30,100]
procurement ahead
of satisfactory
testing.
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............ 387,195 353,961
Early to need.... [-33,234]
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 235,744 227,337
Excess cost [-8,407]
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 $5 159,815 154,572
MILLION.
NGSSR available [-5,243]
prior year funds.
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 157,551 157,551
PROGRAM (ISSP).
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. 237,639 286,739
Program increase [49,100]
for sonobuoys.
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 50,970
AVIATION(UCA)MISSION
CNTRL.
ARC-210 radio [-3,073]
communication
system excess to
need.
MUOS capable [-3,019]
communication
system excess to
need.
MUOS capable [-2,038]
communication
system unit cost
growth.
Ship change [-1,837]
document excess
growth.
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 80,482
EQUIPMENT.
TMPC cost growth. [-3,605]
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 72,056
DECOY SYSTEM.
AOEW production [-10,800]
ramp.
AOEW production [-3,500]
support.
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 668,639 668,639
SUPPLY SYSTEMS.
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 374,195 374,195
PARTS.
TOTAL OTHER 10,948,518 10,776,447
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 87,476 87,476
002 AMPHIBIOUS COMBAT 478,874 456,328
VEHICLE FAMILY OF
VEHICLES.
ILS excess growth [-2,074]
Peculiar training [-2,550]
equipment and
simulators
previously funded.
Production [-1,713]
support
previously funded.
Surface vehicle [-7,347]
cost prior year
carryover.
System [-8,862]
engineering
program
management
previously funded.
003 LAV PIP.............. 41,988 41,988
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 59 59
TOWED HOWITZER.
005 ARTILLERY WEAPONS 174,687 112,187
SYSTEM.
Missiles excess [-62,500]
to need.
006 WEAPONS AND COMBAT 24,867 23,957
VEHICLES UNDER $5
MILLION.
RHGPK production [-910]
units previously
funded and cost
growth.
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 76,411
ENTERPRISE NETWORK
(NGEN).
Network equipment [-2,511]
tech refresh
previously funded.
030 COMMON COMPUTER 35,349 35,349
RESOURCES.
031 COMMAND POST SYSTEMS. 33,713 33,713
032 RADIO SYSTEMS........ 343,250 340,350
Program decrease. [-2,900]
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
UNDISTRIBUTED
053 SPARES AND REPAIR 27,295 27,295
PARTS.
TOTAL 2,903,976 2,809,542
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,567,018 5,286,566
Additional 12 F- [976,667]
35As.
Excess [-156,000]
miscellaneous
support costs.
Unit cost [-101,119]
adjustment.
002 F-35 AP.............. 610,800 610,800
004 F-15EX............... 1,269,847 1,242,247
Airframe excess [-27,600]
to need.
005 F-15EX AP............ 133,500 133,500
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,850,151 2,707,799
Lot 7 funding [-142,352]
excess to NTE
ceiling.
OTHER AIRLIFT
008 C-130J............... 37,131 692,131
Additional [655,000]
aircraft.
010 MC-130J.............. 362,807 345,107
Air force [-17,700]
identified excess
to need.
011 MC-130J AP........... 39,987 30,000
FY22 quantity [-9,987]
reduction.
HELICOPTERS
012 UH-1N REPLACEMENT.... 194,016 194,016
013 COMBAT RESCUE 973,473 909,909
HELICOPTER.
Modernization/ [-63,564]
upgrades ahead of
need.
013A CV-22................ 206,220
SOCOM UPL........ [206,220]
MISSION SUPPORT
AIRCRAFT
015 CIVIL AIR PATROL A/C. 2,811 11,200
Program increase. [8,389]
OTHER AIRCRAFT
016 TARGET DRONES........ 133,273 133,273
018 COMPASS CALL......... 161,117 161,117
020 MQ-9................. 29,409 108,000
Program increase. [108,000]
Shutdown costs [-29,409]
ahead of need.
STRATEGIC AIRCRAFT
022 B-1.................. 3,853 0
USAF-requested [-3,853]
transfer to RDAF
Line 174.
023 B-2A................. 31,476 31,476
024 B-1B................. 21,808 21,808
025 B-52................. 53,949 28,078
Bomber TDL [-2,000]
install funds
ahead of need.
GPS-IU funding [-23,871]
ahead of need.
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................. 349,304 329,242
APG-82 common [-12,012]
configuration
excess to need.
MUOS ahead of [-8,050]
need.
030 F-16................. 615,760 587,892
Additional radars [25,000]
AIFF Mode 5--AF [-9,868]
requested
transfer to RDTE,
AF line 187.
Comm suite [-43,000]
upgrade excess to
need.
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 50,279
Unjustified PMA [-11,829]
cost growth.
038 C-17A................ 66,798 44,798
BLOS ahead of [-22,000]
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]
seats.
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................ 5,871 140,630
AMP 1 excess to [-3,841]
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......... 193,389 169,653
Baseline 3 [-8,706]
installation
delays.
Baseline 4 cost [-15,030]
discrepancies.
057 RC-135............... 191,332 191,332
058 E-3.................. 172,141 135,740
NATO AWACS-- [-36,401]
transfer to line
88.
059 E-4.................. 58,803 44,140
Funds rephased to [-14,663]
future fiscal
years.
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 12,350
ASIP SW/HW [-2,000]
upgrades and
support forward
financed.
Unjustified mod [-26,118]
funding.
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........... 122,306 122,306
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 926,683 919,347
PARTS.
F-15 EPAWSS [-6,036]
spares excess to
need.
F-35A initial [10,000]
spares increase.
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 1,551,041
CHARGES.
Classified [75,000]
increase.
NATO AWACS-- [36,401]
transfer from
line 58.
CLASSIFIED PROGRAMS
UNDISTRIBUTED
89A CLASSIFIED PROGRAMS.. 21,692 21,692
TOTAL AIRCRAFT 17,908,145 19,282,613
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............... 453,223 451,923
AUR u/c growth... [-1,300]
008 PREDATOR HELLFIRE 40,129 40,129
MISSILE.
009 SMALL DIAMETER BOMB.. 45,475 45,475
010 SMALL DIAMETER BOMB 273,272 237,932
II.
Deliveries behind [-35,340]
schedule.
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 81,137
Initial spares-- [-4,173]
AF requested
transfer to line
18.
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 13,575
(INITIAL).
Initial spares-- [4,173]
AF requested
transfer from
line 15.
019 MSL SPRS/REPAIR PARTS 84,671 84,671
(REPLEN).
SPECIAL PROGRAMS
025 SPECIAL UPDATE 23,501 23,501
PROGRAMS.
CLASSIFIED PROGRAMS
UNDISTRIBUTED
25A CLASSIFIED PROGRAMS.. 540,465 540,465
TOTAL MISSILE 2,396,417 2,359,777
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 38,901
C-HOBS ahead of [-2,082]
need.
SMALL ARMS
UNDISTRIBUTED
017 SMALL ARMS........... 13,925 13,925
TOTAL 596,338 594,256
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
001 ADVANCED EHF......... 14,823 14,823
002 AF SATELLITE COMM 48,326 48,326
SYSTEM.
003 COUNTERSPACE SYSTEMS. 65,540 49,155
Insufficient [-16,385]
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 1,043,171 948,171
SPACE LAUNCH.
Launch services [-95,000]
unjustified
increase.
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 88,706
Insufficient [-10,000]
justification.
Transfer from [2,155]
OP,AF line 22.
018 SPACELIFT RANGE 100,492 90,492
SYSTEM SPACE.
Underexecution... [-10,000]
SPARES
019 SPARES AND REPAIR 1,272 1,272
PARTS.
TOTAL 2,446,064 2,301,834
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 43,157
VEHICLES.
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 10,783
TECH & ARCHITECTURES.
PDI: Mission [1,500]
Partner
Environment BICES-
X local upgrades.
015 INTELLIGENCE TRAINING 6,849 6,849
EQUIPMENT.
016 INTELLIGENCE COMM 33,471 30,191
EQUIPMENT.
IMAD acquisition [-3,280]
materials.
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 8,199
COMPLEX.
Transfer to P,SF [-2,115]
line 17.
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 195,185 193,185
RANGES.
forward financing [-2,000]
032 MINIMUM ESSENTIAL 29,664 21,664
EMERGENCY COMM N.
Schedule slips... [-8,000]
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 132,281 146,281
INFRASTRUCTURE.
PDI: Mission [14,000]
Partner
Environment
PACNET.
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 18,266
057 FUELS SUPPORT 9,601 9,601
EQUIPMENT (FSE).
058 BASE MAINTENANCE AND 42,078 42,078
SUPPORT EQUIPMENT.
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 21,041,612
Program [-44,500]
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 23,649,566
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 88,741
SECURITY STACKS
(JRSS).
020 JOINT SERVICE 157,538 157,538
PROVIDER.
021 FOURTH ESTATE NETWORK 42,084 42,084
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
023 MAJOR EQUIPMENT...... 417,459 410,459
MGUE--DLA [-7,000]
requested
transfer to
RDTE,DW line 54.
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................ 495,396 601,796
8th THAAD battery [76,300]
components.
HEMTT life-of- [30,100]
type buy.
034 AEGIS BMD............ 356,195 356,195
035 AEGIS BMD AP......... 44,901 44,901
036 BMDS AN/TPY-2 RADARS. 243,300
8th THAAD battery [243,300]
radar equipment.
037 SM-3 IIAS............ 218,322 324,322
Increase SM-3 [106,000]
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.. 554,264 551,864
Classified [-2,400]
adjustment.
AVIATION PROGRAMS
055 ARMED OVERWATCH/ 101,000 0
TARGETING.
Program decrease. [-101,000]
059 ROTARY WING UPGRADES 211,041 211,041
AND SUSTAINMENT.
060 UNMANNED ISR......... 25,488 24,488
Program decrease. [-1,000]
061 NON-STANDARD AVIATION 61,874 61,874
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........... 163,914 153,914
RFCM excess to [-10,000]
need.
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 84,107
MMP excess to [-12,226]
need.
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 13,861
ENHANCEMENTS
INTELLIGENCE.
081 OPERATIONAL 247,038 247,038
ENHANCEMENTS.
CBDP
082 CHEMICAL BIOLOGICAL 147,150 147,150
SITUATIONAL
AWARENESS.
083 CB PROTECTION & 149,944 149,944
HAZARD MITIGATION.
TOTAL 5,324,487 5,634,061
PROCUREMENT,
DEFENSE-WIDE.
TOTAL 130,684,160 136,585,222
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 MQ-1 UAV............. 110,000
Additional [110,000]
aircraft.
ROTARY
009 AH-64 APACHE BLOCK 69,154 69,154
IIIB NEW BUILD.
014 CH-47 HELICOPTER..... 50,472 50,472
MODIFICATION OF
AIRCRAFT
017 MQ-1 PAYLOAD (MIP)... 5,968 0
Justification [-5,968]
does not match
need.
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
UNDISTRIBUTED
041 AIRCREW INTEGRATED 3,028 3,028
SYSTEMS.
TOTAL AIRCRAFT 461,080 565,112
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 69,393
AERIAL MISSILE
SYSTEM (LMAMS.
Contract delays.. [-15,600]
MODIFICATIONS
017 ATACMS MODS.......... 78,434 78,434
022 MLRS MODS............ 20,000 20,000
TOTAL MISSILE 881,592 865,992
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 57,900
ECP excess to [-8,600]
need.
Production line [-75,990]
shutdown ahead of
need.
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 569,155 501,965
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
UNDISTRIBUTED
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
062 U-28................. 24,711
Combat loss [24,711]
replacement.
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 32,573
078 COMBAT MISSION 10,000 10,000
REQUIREMENTS.
080 OPERATIONAL 6,724 6,724
ENHANCEMENTS
INTELLIGENCE.
081 OPERATIONAL 53,264 53,264
ENHANCEMENTS.
TOTAL 258,491 323,302
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 5,514,151
PROCUREMENT.
------------------------------------------------------------------------
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.
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES......... 303,257 318,257
.................................. Counter-UAS Army research lab. [5,000]
.................................. Increase in basic research.... [10,000]
003 0601103A UNIVERSITY RESEARCH INITIATIVES... 67,148 72,148
.................................. Program increase.............. [5,000]
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 87,877 101,877
CENTERS.
.................................. Automotive research center [5,000]
modeling and simulation.
.................................. Biotechnology advancements.... [4,000]
.................................. Program increase.............. [5,000]
005 0601121A CYBER COLLABORATIVE RESEARCH 5,077 5,077
ALLIANCE.
.................................. SUBTOTAL BASIC RESEARCH........ 463,359 497,359
..................................
.................................. 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 50,425
.................................. Hybrid additive manufacturing. [3,000]
.................................. Next generation additive [5,000]
manufacturing and 3-D printed
electronics.
013 0602142A ARMY APPLIED RESEARCH............. 30,757 33,757
.................................. Pathfinder Air Assault........ [3,000]
014 0602143A SOLDIER LETHALITY TECHNOLOGY...... 125,435 137,435
.................................. HEROES program increase....... [5,000]
.................................. Pathfinder Airborne........... [5,000]
.................................. Syn-bio enabled functional [2,000]
materials for the soldier.
015 0602144A GROUND TECHNOLOGY................. 28,047 47,047
.................................. Cold weather military research [2,000]
.................................. Ground technology advanced [2,000]
manufacturing, materials and
process initiative.
.................................. Materials recovery [10,000]
technologies for defense
supply resiliency.
.................................. Polymeric composites via cold [5,000]
spray additive manufacturing.
016 0602145A NEXT GENERATION COMBAT VEHICLE 217,565 227,565
TECHNOLOGY.
.................................. Ground combat vehicle platform [2,000]
electrification.
.................................. Immersive virtual modeling and [5,000]
simulation techniques.
.................................. Next Generation Combat Vehicle [3,000]
modeling and simulation.
017 0602146A NETWORK C3I TECHNOLOGY............ 114,404 129,404
.................................. Alternative positioning [5,000]
navigation and timing.
.................................. Defense resiliency platform [3,000]
against extreme cold weather.
.................................. Multi-drone multi-sensor ISR [2,000]
capability.
.................................. Program increase.............. [5,000]
018 0602147A LONG RANGE PRECISION FIRES 60,553 65,553
TECHNOLOGY.
.................................. Composite artillery tube and [5,000]
propulsion prototyping.
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 66,298
.................................. Advanced beam control tracking [5,000]
and targeting.
.................................. High energy laser technology.. [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 1,007,881
..................................
.................................. 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 109,608 120,608
TECHNOLOGY.
.................................. 3D advanced manufacturing..... [2,000]
.................................. 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 22,795
.................................. Graphene applications for [3,000]
military engineering.
.................................. Rapid entry and sustainment [5,000]
for the arctic.
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 188,024 193,024
MODERNIZATION PROGRAM.
.................................. High performance computing [5,000]
modernization.
065 0603462A NEXT GENERATION COMBAT VEHICLE 199,358 231,858
ADVANCED TECHNOLOGY.
.................................. Carbon fiber and graphitic [10,000]
composites.
.................................. Fuel cell powered vehicle [10,000]
development.
.................................. Small unit ground robotic [7,500]
capabilities.
.................................. Virtual experimentations [5,000]
enhancement.
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]
extended range technologies.
068 0603465A FUTURE VERTICAL LIFT ADVANCED 156,194 156,194
TECHNOLOGY.
069 0603466A AIR AND MISSILE DEFENSE ADVANCED 58,130 73,630
TECHNOLOGY.
.................................. High-energy laser system [10,500]
characterization lab.
.................................. Program acceleration.......... [5,000]
077 0603920A HUMANITARIAN DEMINING............. 8,515 8,515
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,203,590 1,290,590
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
078 0603305A ARMY MISSLE DEFENSE SYSTEMS 11,062 24,062
INTEGRATION.
.................................. Accelerated test and [10,000]
integration.
.................................. Hypersonic hot air tunnel test [3,000]
environment.
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 61,858
DEV.
.................................. Interim top attack support [-4,234]
costs carryover.
.................................. MICLIC replacement development [2,000]
083 0603639A TANK AND MEDIUM CALIBER AMMUNITION 92,753 92,753
084 0603645A ARMORED SYSTEM MODERNIZATION--ADV 151,478 136,478
DEV.
.................................. Program decrease.............. [-15,000]
085 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 5,841 5,841
086 0603766A TACTICAL ELECTRONIC SURVEILLANCE 194,775 182,400
SYSTEM--ADV DEV.
.................................. MDSS sensor development [-12,375]
contract ahead of need.
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................. 647,937 652,937
.................................. Future Long Range Assault [5,000]
Aircraft (FLRAA).
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 24,138
DEVELOPMENT.
.................................. IHPS program delays........... [-2,000]
094 0604017A ROBOTICS DEVELOPMENT.............. 121,207 114,792
.................................. Excess testing and evaluation [-6,415]
growth.
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. 156,834 146,834
.................................. OpFires lack of transition [-10,000]
pathway.
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 3,401,584
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
118 0604201A AIRCRAFT AVIONICS................. 2,764 2,764
119 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 62,426 59,026
.................................. MFEW developmenal test flight [-3,400]
ahead of need.
121 0604601A INFANTRY SUPPORT WEAPONS.......... 91,574 89,770
.................................. Advanced gunner protection kit [2,000]
development.
.................................. NGSW special purpose [-8,804]
projectile development delay.
.................................. 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 55,277
.................................. FWS-S contract development [-5,000]
excess to need.
.................................. Heads up display product [-1,168]
development previously funded.
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 86,151
INTELLIGENCE--ENG DEV.
.................................. Joint Counter-UAS Office [17,500]
acceleration.
.................................. Joint Counter-UAS Office SOCOM [25,000]
cUAS capabilitities for
austere locations abroad.
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 48,344
ENG DEV.
.................................. 194 excess support costs...... [-1,350]
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 162,513 140,674
HARDWARE & SOFTWARE.
.................................. Command post integrated [-10,000]
infrastructure contract delay.
.................................. Rephasing of MCE v3.2 [-7,909]
development.
.................................. TROPO IOT&E funded ahead of [-3,930]
need.
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 82,459 124,380
SYSTEMS--EMD.
.................................. Prior year carry-over......... [-5,079]
.................................. Program increase for vehicle [47,000]
protection systems.
149 0604854A ARTILLERY SYSTEMS--EMD............ 11,611 11,611
150 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 142,678 124,612
.................................. FL9 unjustified request....... [-5,987]
.................................. FM7 HRC core IT schedule [-8,915]
discrepancy.
.................................. FM8 ATIS release 2 ahead of [-3,164]
need.
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 [-12,000]
to need.
.................................. Test delays................... [-8,000]
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 16,544
.................................. Army Cyber SU program......... [-12,000]
163 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,178 22,157
(LOW-TIER).
.................................. Testing unjustified request... [-6,021]
164 0605047A CONTRACT WRITING SYSTEM........... 22,860 22,860
166 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 35,893 35,893
167 0605052A INDIRECT FIRE PROTECTION 235,770 188,008
CAPABILITY INC 2--BLOCK 1.
.................................. Army identified funds excess [-47,762]
to need.
168 0605053A GROUND ROBOTICS................... 13,710 13,710
169 0605054A EMERGING TECHNOLOGY INITIATIVES... 294,739 294,739
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............. 327,732 244,500
.................................. Army identified funds excess [-83,232]
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 1,467
180 0303032A TROJAN--RH12...................... 3,451 3,451
183 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 55,855 55,855
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,199,798 3,064,377
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... 350,359 365,359
.................................. Program increase--Army [15,000]
directed energy T&E.
193 0605602A ARMY TECHNICAL TEST 48,475 48,475
INSTRUMENTATION AND TARGETS.
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 47,500
EFFECTIVENESS AND SAFETY.
.................................. Conventional ammunition [-1,633]
demilitarization carryover.
.................................. Development of polymer-cased [5,000]
ammunition.
.................................. Manufacturing technology for [-1,000]
industrial base transformation
carryover.
.................................. 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 1,360,490
..................................
.................................. 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). 122,733 107,733
.................................. Program reduction............. [-15,000]
221 0607136A BLACKHAWK PRODUCT IMPROVEMENT 11,236 11,236
PROGRAM.
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... 249,257 245,509
.................................. Unjustified matrixed [-3,748]
engineering support growth.
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 268,919 260,252
PROGRAMS.
.................................. Bradley excess carryover...... [-3,000]
.................................. CROWS-J program delay......... [-5,667]
234 0203743A 155MM SELF-PROPELLED HOWITZER 427,254 290,963
IMPROVEMENTS.
.................................. Army identified as excess to [-130,000]
need.
.................................. Prior year carry-over......... [-6,291]
235 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 11,688 11,688
IMPROVEMENT PROGRAMS.
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 78,512
ACTIVITIES.
.................................. Functional fabrics [7,500]
manufacturing.
.................................. Nanoscale materials [5,000]
manufacturing.
.................................. Tungsten manufacturing for [5,000]
armanents.
266A 9999999999 CLASSIFIED PROGRAMS............... 3,983 3,983
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,998,539 1,797,333
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
.................................. UNDISTRIBUTED
267 0608041A DEFENSIVE CYBER--SOFTWARE 46,445 58,445
PROTOTYPE DEVELOPMENT.
.................................. Army-requested transfer from [12,000]
Other Procurement, Army line
53 for program management.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 46,445 58,445
TECHNOLOGY PILOT PROGRAMS.
.................................. SUBTOTAL UNDISTRIBUTED......... 12,000
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 12,587,343 12,478,059
TEST & EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,816 126,816
.................................. Defense University Research [5,000]
and Instrumentation Program.
.................................. Program increase.............. [5,000]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,113 19,113
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES......... 467,158 479,158
.................................. Increase in basic research.... [10,000]
.................................. Predictive modeling for [2,000]
undersea vehicles.
.................................. SUBTOTAL BASIC RESEARCH........ 603,087 625,087
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 17,792 17,792
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,281 141,281
.................................. Additive manufacturing of [5,000]
unmanned maritime systems.
.................................. Direct Air Capture and Blue [9,000]
Carbon Removal Technology
Program.
.................................. Talent and technology for [5,000]
power and energy systems.
006 0602131M MARINE CORPS LANDING FORCE 50,623 55,623
TECHNOLOGY.
.................................. Unmanned logistics solutions.. [5,000]
007 0602235N COMMON PICTURE APPLIED RESEARCH... 48,001 48,001
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 67,765 74,765
RESEARCH.
.................................. Humanoid robotics research.... [5,000]
.................................. Social networks and [2,000]
computational social science.
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 76,397
.................................. Academic partnerships for [10,000]
undersea vehicle research.
.................................. Autonomous undersea robotics.. [10,000]
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) 160,537 167,837
APPLIED RESEARCH.
.................................. Thermoplastic materials....... [7,300]
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 76,745 76,745
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH...... 953,175 1,021,475
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 24,410 24,410
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,008 8,008
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 219,045 219,045
DEMONSTRATION (ATD).
020 0603651M JOINT NON-LETHAL WEAPONS 13,301 13,301
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 246,054 242,365
TECHNOLOGY DEVELOPMENT.
.................................. C-ENCAP program delays........ [-3,689]
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 760,396 776,707
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603178N MEDIUM AND LARGE UNMANNED SURFACE 464,042 259,242
VEHICLES (USVS).
.................................. LUSV additional prototypes.... [-159,300]
.................................. Unmanned surface vehicle [-45,500]
enabling capabilities--payload
program reduction.
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 63,218
.................................. Project 3416: HIJENKS [-7,000]
insufficient schedule
justification.
035 0603502N SURFACE AND SHALLOW WATER MINE 52,358 47,808
COUNTERMEASURES.
.................................. Project 2989: Barracuda [-4,550]
program delay.
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 185,356 157,926
DEVELOPMENT.
.................................. Project 9710 unjustified new [-27,430]
start.
044 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,528 10,528
045 0603563N SHIP CONCEPT ADVANCED DESIGN...... 126,396 111,396
.................................. Polymorphic build farm for [5,000]
open source technologies.
.................................. Project 4044: Medium [-10,000]
amphibious ship early to need.
.................................. Project 4045: Medium logistics [-10,000]
ship early to need.
046 0603564N SHIP PRELIMINARY DESIGN & 70,270 36,970
FEASIBILITY STUDIES.
.................................. Project 0411: Preliminary [-17,100]
design early to need.
.................................. Project 0411: Requirements and [-16,200]
concept analysis excess growth.
047 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 149,188 149,188
048 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 38,449 45,449
.................................. Accelerate qualification of [7,500]
silicon carbide power modules.
.................................. Power and energy systems [-500]
contract award delay.
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....................... 545,763 473,763
.................................. Excess cost growth............ [-72,000]
064 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,884 3,884
065 0603746N RETRACT MAPLE..................... 353,226 348,690
.................................. Program adjustment............ [-4,536]
066 0603748N LINK PLUMERIA..................... 544,388 497,388
.................................. Program adjustment............ [-47,000]
067 0603751N RETRACT ELM....................... 86,730 86,730
068 0603764M LINK EVERGREEN.................... 236,234 231,770
.................................. Program adjustment............ [-4,464]
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 128,845 128,845
WEAPON SYSTEMS.
075 0604014N F/A -18 INFRARED SEARCH AND TRACK 84,190 84,190
(IRST).
076 0604027N DIGITAL WARFARE OFFICE............ 54,699 37,998
.................................. Project 3255 excess growth.... [-9,979]
.................................. Project 3425 excess growth.... [-6,722]
077 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 53,942 52,020
VEHICLES.
.................................. Small unmanned underwater [-1,922]
vehicles concurrency.
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 45,557
.................................. Early to need, phase 1 results [-32,565]
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 52,026
COUNTERMEASURES (TADIRCM).
.................................. DAIRCM hardware development [-7,750]
contract award delay.
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 92,602
.................................. Excess scope adjustments...... [-23,256]
090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 14,259 9,628
(C-UAS).
.................................. System development excess [-4,631]
growth.
091 0604659N PRECISION STRIKE WEAPONS 1,102,387 1,030,387
DEVELOPMENT PROGRAM.
.................................. CPGS initial integration [-15,000]
efforts--transfer to line 165.
.................................. Lack of hypersonic prototyping [-5,000]
coordination.
.................................. Project 3334: Excess Virginia- [-52,000]
class CPS modification and
installation costs.
092 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 7,657 7,657
ARCHITECTURE/ENGINEERING SUPPORT.
093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 35,750 46,750
WEAPON DEVELOPMENT.
.................................. LRASM funds--Navy requested [11,000]
transfer from line 141.
094 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,151 9,151
095 0304240M ADVANCED TACTICAL UNMANNED 22,589 29,589
AIRCRAFT SYSTEM.
.................................. K-MAX......................... [7,000]
097 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 809 809
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 6,503,074 5,861,969
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.................. 309,373 292,175
.................................. Sensors excess growth......... [-17,198]
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)...... 477,680 477,680
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 403,712 375,853
ENGINEERING.
.................................. Aegis development support [-7,159]
excess growth.
.................................. Capability upgrades [-20,700]
unjustified growth.
119 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 945 945
120 0604329N SMALL DIAMETER BOMB (SDB)......... 62,488 62,488
121 0604366N STANDARD MISSILE IMPROVEMENTS..... 386,225 340,825
.................................. SM-6 Block IB mission [-18,400]
integration, development and
operational test.
.................................. 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 71,449
.................................. Shipboard passive EO/IR [-16,360]
development concurrency.
126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,097 93,097
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.................... 259,443 259,443
133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 63,878 63,878
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 51,853 58,853
T&E.
.................................. Advanced Degaussing System.... [7,000]
135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,853 3,853
136 0604601N MINE DEVELOPMENT.................. 92,607 83,505
.................................. Encapsulate effector program [-7,402]
delays.
.................................. Historical underexecution..... [-1,700]
137 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 146,012 124,250
.................................. Advanced anti-submarine [-21,762]
lightweight torpedo program
delays.
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 62,744
.................................. LRASM funds--Navy requested [-11,000]
transfer to line 93.
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 19,620
.................................. Autonomous aerial distributed [7,500]
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 356,173 330,431
.................................. Historical underexecution..... [-12,972]
.................................. NMMES-TR contract delays...... [-6,308]
.................................. NMMES-TR excess support growth [-6,462]
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
.................................. CPGS initial integration [15,000]
efforts transfer from line 91.
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 6,128,960
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....... 446,960 419,212
.................................. Navy requested transfer to [-27,748]
OM,N line BSM1.
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.... 991,222 963,474
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604227N HARPOON MODIFICATIONS............. 697 697
200 0604840M F-35 C2D2......................... 379,549 379,549
201 0604840N F-35 C2D2......................... 413,875 413,875
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 61,813
DEVELOPMENT.
.................................. Compact rapid attack weapon [-12,377]
concurrency.
.................................. 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.... 102,975 115,475
.................................. Accelerate sensor and signal [12,500]
processing development.
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 50,905
SUPPORT.
.................................. Project 2263: Unjustified [-5,886]
growth.
219 0205601N HARM IMPROVEMENT.................. 146,166 146,166
221 0205620N SURFACE ASW COMBAT SYSTEM 29,348 29,348
INTEGRATION.
222 0205632N MK-48 ADCAP....................... 110,349 108,209
.................................. APB 7 development early to [-2,140]
need.
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 67,665
.................................. MUOS historical underexecution [-2,391]
257A 9999999999 CLASSIFIED PROGRAMS............... 1,795,032 1,795,032
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,327,043 5,330,749
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
.................................. UNDISTRIBUTED
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 20,733,589
TEST & EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 315,348 325,348
.................................. Increase in basic research.... [10,000]
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 161,861 171,861
.................................. Program increase.............. [5,000]
.................................. Solar block research.......... [5,000]
003 0601108F HIGH ENERGY LASER RESEARCH 15,085 15,085
INITIATIVES.
.................................. SUBTOTAL BASIC RESEARCH........ 492,294 512,294
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 100,000 100,000
RESEARCH.
005 0602102F MATERIALS......................... 140,781 162,781
.................................. Advanced materials [5,000]
manufacturing flexible
biosensors.
.................................. High-energy synchotron x-ray [5,000]
program.
.................................. Materials maturation for high [5,000]
mach systems.
.................................. Qualification of additive [2,000]
manufacturing processes.
.................................. Thermal protection systems.... [5,000]
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 349,225 175,472
.................................. Advanced batteries for [5,000]
directed energy.
.................................. High speed expendable turbine [4,000]
development.
.................................. Hypersonic materials.......... [4,000]
.................................. Secure unmanned aerial [10,000]
vehicles.
.................................. Transfer to line 8............ [-196,753]
007 0602202F HUMAN EFFECTIVENESS APPLIED 115,222 115,222
RESEARCH.
008 0602203F AEROSPACE PROPULSION.............. 196,753
.................................. Transfer from line 6.......... [196,753]
009 0602204F AEROSPACE SENSORS................. 211,301 214,301
.................................. National Center for Hardware [3,000]
and Embedded Systems Security
and Trust.
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 178,668 203,668
METHODS.
.................................. 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 1,482,749
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603030F AF FOUNDATIONAL DEVELOPMENT/DEMOS. 103,280 0
.................................. Transfer to line 22........... [-35,169]
.................................. Transfer to line 23........... [-16,933]
.................................. Transfer to line 30........... [-10,777]
.................................. Transfer to line 33........... [-40,401]
018 0603032F FUTURE AF INTEGRATED TECHNOLOGY 157,619 -30,000
DEMOS.
.................................. Inappropriate use of S&T funds [-50,000]
for Golden Horde demonstration
& validation.
.................................. Transfer to line 25........... [-40,900]
.................................. Transfer to line 27........... [-24,632]
.................................. Transfer to line 31........... [-72,087]
019 0603033F NEXT GEN PLATFORM DEV/DEMO........ 199,556 0
.................................. Transfer to line 25........... [-37,230]
.................................. Transfer to line 26........... [-105,058]
.................................. Transfer to line 28........... [-57,268]
020 0603034F PERSISTENT KNOWLEDGE, AWARENESS, & 102,276 0
C2 TECH.
.................................. Transfer to line 24........... [-35,338]
.................................. Transfer to line 27........... [-4,699]
.................................. Transfer to line 29........... [-12,090]
.................................. Transfer to line 30........... [-20,948]
.................................. Transfer to line 34........... [-29,201]
021 0603035F NEXT GEN EFFECTS DEV/DEMOS........ 215,817 0
.................................. Transfer to line 27........... [-31,207]
.................................. Transfer to line 31........... [-134,145]
.................................. Transfer to line 32........... [-31,445]
.................................. Transfer to line 34........... [-19,020]
022 0603112F ADVANCED MATERIALS FOR WEAPON 45,169
SYSTEMS.
.................................. Metals affordability research. [10,000]
.................................. Transfer from line 17......... [35,169]
023 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 16,933
(S&T).
.................................. Transfer from line 17......... [16,933]
024 0603203F ADVANCED AEROSPACE SENSORS........ 35,338
.................................. Transfer from line 20......... [35,338]
025 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 78,130
.................................. Transfer from line 18......... [40,900]
.................................. Transfer from line 19......... [37,230]
026 0603216F AEROSPACE PROPULSION AND POWER 110,058
TECHNOLOGY.
.................................. Propulsion technologies....... [5,000]
.................................. Transfer from line 19......... [105,058]
027 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 60,538
.................................. Transfer from line 18......... [24,632]
.................................. Transfer from line 20......... [4,699]
.................................. Transfer from line 21......... [31,207]
028 0603401F ADVANCED SPACECRAFT TECHNOLOGY.... 57,268
.................................. Transfer from line 19......... [57,268]
029 0603444F MAUI SPACE SURVEILLANCE SYSTEM 12,090
(MSSS).
.................................. Transfer from line 20......... [12,090]
030 0603456F HUMAN EFFECTIVENESS ADVANCED 31,725
TECHNOLOGY DEVELOPMENT.
.................................. Transfer from line 17......... [10,777]
.................................. Transfer from line 20......... [20,948]
031 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 206,232
.................................. Transfer from line 18......... [72,087]
.................................. Transfer from line 21......... [134,145]
032 0603605F ADVANCED WEAPONS TECHNOLOGY....... 31,445
.................................. Transfer from line 21......... [31,445]
033 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 42,901
.................................. Technologies to repair [2,500]
fastener holes.
.................................. Transfer from line 17......... [40,401]
034 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 48,221
AND DEMONSTRATION.
.................................. Transfer from line 20......... [29,201]
.................................. Transfer from line 21......... [19,020]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 778,548 746,048
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....... 636,495 666,495
.................................. AETP program acceleration..... [30,000]
046 0604015F LONG RANGE STRIKE--BOMBER......... 2,848,410 2,848,410
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........... 219,252 278,452
.................................. Agile software development and [4,500]
operations.
.................................. Experimentation............... [-20,000]
.................................. Initial polar SATCOM [46,000]
capability.
.................................. LCAAT program acceleration.... [50,000]
.................................. Prototyping--hold to FY2020 [-27,300]
level.
.................................. Rapid repair of high [6,000]
performance materials.
057 0605230F GROUND BASED STRATEGIC DETERRENT.. 1,524,759 1,509,759
.................................. Acquisition Strategy for [-15,000]
planning and design.
059 0207110F NEXT GENERATION AIR DOMINANCE..... 1,044,089 974,089
.................................. Forward financing of [-70,000]
development efforts.
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 7,808
RECAPITALIZATION.
.................................. AoA funding carryover......... [-2,100]
069 0901410F CONTRACTING INFORMATION TECHNOLOGY 8,662 8,662
SYSTEM.
074 1206427F SPACE SYSTEMS PROTOTYPE 8,787 0
TRANSITIONS (SSPT).
.................................. Transfer to RD,SF line 6...... [-8,787]
077 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,311 0
.................................. Transfer to RD,SF line 11A.... [-56,311]
.................................. SUBTOTAL ADVANCED COMPONENT 7,737,916 7,589,418
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
089 0604429F AIRBORNE ELECTRONIC ATTACK........ 30,000
.................................. STiTCHES integration for USAFE/ [30,000]
PACAF interim capability.
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 5,423
097 0604932F LONG RANGE STANDOFF WEAPON........ 474,430 444,430
.................................. Acquisition strategy.......... [-30,000]
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....................... 170,679 170,679
107 0207328F STAND IN ATTACK WEAPON............ 160,438 150,646
.................................. Unjustified cost increase..... [-9,792]
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 2,585,567
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
131 0604256F THREAT SIMULATOR DEVELOPMENT...... 57,725 57,725
132 0604759F MAJOR T&E INVESTMENT.............. 208,680 223,680
.................................. Gulf Range telemetric [15,000]
modernization.
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....... 764,606 764,606
137 0605826F ACQ WORKFORCE- GLOBAL POWER....... 273,231
.................................. Transfer from line 142........ [273,231]
138 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 262,119
SYS.
.................................. Transfer from line 142........ [262,119]
139 0605828F ACQ WORKFORCE- GLOBAL REACH....... 158,429
.................................. Transfer from line 142........ [158,429]
140 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 247,468
BUS SYS.
.................................. Transfer from line 142........ [247,468]
141 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 183,107
.................................. Transfer from line 142........ [183,107]
142 0605831F ACQ WORKFORCE- CAPABILITY 1,362,038 219,868
INTEGRATION.
.................................. Transfer to line 137.......... [-273,231]
.................................. Transfer to line 138.......... [-262,119]
.................................. Transfer to line 139.......... [-158,429]
.................................. Transfer to line 140.......... [-247,468]
.................................. Transfer to line 141.......... [-183,107]
.................................. Transfer to line 143.......... [-17,816]
143 0605832F ACQ WORKFORCE- ADVANCED PRGM 40,768 58,584
TECHNOLOGY.
.................................. Transfer from line 142........ [17,816]
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 2,906,280
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
163 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 8,777 8,777
TRAINING.
164 0604776F DEPLOYMENT & DISTRIBUTION 499 499
ENTERPRISE R&D.
165 0604840F F-35 C2D2......................... 785,336 785,336
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.................... 520,023 481,623
.................................. CERP virtual prototype [-25,500]
contract delay.
.................................. No acquisition strategy for [-2,000]
AEHF.
.................................. Radar modernization program [-10,900]
contract delays.
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
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.......................... 162,080 152,112
.................................. Tech insertion request [-9,968]
unjustified.
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 0
.................................. Ahead of need................. [-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 44,722
COMMUNICATIONS NETWORK (MEECN).
.................................. Acquisition strategy for GASNT [-14,215]
Inc 2.
.................................. CVR increment 2 schedule [-2,950]
delays.
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........ 128,110 128,110
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 36,660
.................................. Air Force requested transfer [18,000]
from line 267.
267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 121,512 121,512
.................................. Air Force requested transfer [-18,000]
to line 265.
.................................. 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 17,315
TECHNOLOGY AND ARCHITECTURES.
.................................. PDI: Mission Partner [3,680]
Environment BICES-X Project
675898.
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 31,525
(LOGIT).
.................................. Prior year carryover.......... [-3,700]
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 0
.................................. Transfer to RD,SF line 41B.... [-16,810]
316 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,687 0
.................................. Transfer to RD,SF line 41A.... [-2,687]
318 1203906F NCMC--TW/AA SYSTEM................ 6,990 0
.................................. Transfer to RD,SF line 41C.... [-6,990]
322A 9999999999 CLASSIFIED PROGRAMS............... 15,777,856 15,217,856
.................................. Classified adjustment......... [-560,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 21,466,680 20,816,681
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -649,999
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 37,391,826 36,639,037
TEST & EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, SPACE FORCE
.................................. APPLIED RESEARCH
001 1206601SF SPACE TECHNOLOGY.................. 130,874 146,874
.................................. Rapid development of low-cost, [10,000]
small satellite technology.
.................................. Small satellite mission [6,000]
operations center.
.................................. SUBTOTAL APPLIED RESEARCH...... 130,874 146,874
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
002 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 390,704 380,704
(USER EQUIPMENT) (SPACE).
.................................. MGUE program slip............. [-10,000]
003 1203710SF EO/IR WEATHER SYSTEMS............. 131,000 131,000
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 142,808 151,595
TRANSITIONS (SSPT).
.................................. Transfer from RD,AF line 74... [8,787]
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
011A 9999999999 SPACE SECURITY AND DEFENSE 56,311
PROGRAMS (SSDP).
.................................. Transfer from RDTE,AF line 77. [56,311]
.................................. SUBTOTAL ADVANCED COMPONENT 1,311,311 1,356,409
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
012 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 263,496 255,496
.................................. Execution lagging............. [-8,000]
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).... 138,257 128,257
.................................. Program delays................ [-10,000]
018 1206432SF POLAR MILSATCOM (SPACE)........... 190,235 190,235
019 1206442SF NEXT GENERATION OPIR.............. 2,318,864 2,318,864
020 1206853SF NATIONAL SECURITY SPACE LAUNCH 560,978 650,978
PROGRAM (SPACE)--EMD.
.................................. NSSL Phase 3 integration [90,000]
activities program.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,744,016 3,816,016
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 17,993
(SPACE).
024A 9999999999 TACTICALLY RESPONSIVE LAUNCH...... 5,000
.................................. Program increase.............. [5,000]
025 1206864SF SPACE TEST PROGRAM (STP).......... 26,541 26,541
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 258,510 263,510
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
.................................. UNDISTRIBUTED
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 247,229 234,729
(FAB-T).
.................................. Prior year carryover.......... [-12,500]
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 40,809
OPERATIONS.
.................................. Underexecution................ [-4,000]
037 1206423SF GLOBAL POSITIONING SYSTEM III-- 481,999 416,999
OPERATIONAL CONTROL SEGMENT.
.................................. Funds available prioritized to [-65,000]
other space missions.
041 1206770SF ENTERPRISE GROUND SERVICES........ 116,791 116,791
041A 9999999999 NATIONAL SPACE DEFENSE CENTER 2,687
(NSDC).
.................................. Transfer from RDTE,AF line 316 [2,687]
041B 9999999999 SPACE SUPERIORITY INTELLIGENCE 16,810
(SSI).
.................................. Transfer from RDTE,AF line 314 [16,810]
041C 9999999999 NCMC--TW/AA SYSTEM................ 6,990
.................................. Transfer from RDTE,AF line 318 [6,990]
041D 9999999999 CLASSIFIED PROGRAMS............... 3,632,866 3,632,866
.................................. SUBTOTAL OPERATIONAL SYSTEM 4,733,142 4,665,018
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -68,124
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
042 1203614SF JSPOC MISSION SYSTEM.............. 149,742 164,742
.................................. Commercial space situational [20,000]
awareness.
.................................. Unjustified increase.......... [-5,000]
.................................. SUBTOTAL SOFTWARE & DIGITAL 149,742 164,742
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 10,327,595 10,412,569
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 67,565
.................................. DEPSCoR....................... [15,000]
.................................. Restore Minerva research [17,000]
initiative.
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 53,730 53,730
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 100,241 102,241
.................................. Civics education pilot........ [2,000]
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,975 57,975
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. Aerospace education, research, [2,000]
and innovation activities.
.................................. HBCU/Minority Institutions.... [5,000]
.................................. Program increase.............. [20,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,300 45,300
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........ 760,386 821,386
..................................
.................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,409 19,409
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 54,335
ADVANCEMENT OF S&T PRIORITIES.
.................................. Excess growth................. [-6,387]
014 0602303E INFORMATION & COMMUNICATIONS 435,920 423,920
TECHNOLOGY.
.................................. Program decrease.............. [-12,000]
015 0602383E BIOLOGICAL WARFARE DEFENSE........ 26,950 26,950
016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 201,807 201,807
PROGRAM.
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 52,464
.................................. START research consortium of [5,000]
excellence for irregular
warfare and advanced analytics.
.................................. Sustained Human Performance [5,000]
and Resilience.
.................................. SUBTOTAL APPLIED RESEARCH...... 1,976,390 1,968,003
..................................
.................................. 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 14,910
ASSESSMENT.
032 0603180C ADVANCED RESEARCH................. 18,687 18,687
033 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,873 18,873
DEVELOPMENT.
034 0603286E ADVANCED AEROSPACE SYSTEMS........ 230,978 220,978
.................................. OpFires lack of transition [-10,000]
pathway.
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 133,375 123,673
PROTOTYPING.
.................................. Lack of hypersonic prototype [-19,702]
coordination efforts.
.................................. Stratospheric balloon research [10,000]
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 93,817 135,817
AND TECHNOLOGY PROGRAM.
.................................. Accelerating rapid prototyping [5,000]
by integrating high
performance computing and
advanced manufacturing.
.................................. Additive manufacturing [2,000]
training.
.................................. Advanced structural [25,000]
manufacturing technologies.
.................................. Flexible hybrid electronics... [5,000]
.................................. Hypersonic thermal management [5,000]
research.
050 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 40,025 55,025
.................................. Defense supply chain [5,000]
technologies.
.................................. Steel performance initiative.. [10,000]
052 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,235 10,235
DEMONSTRATIONS.
053 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 53,862 108,862
PROGRAM.
.................................. AFFF replacement.............. [25,000]
.................................. PFAS Innovation Award Fund.... [5,000]
.................................. PFAS remediation and disposal [25,000]
technology.
054 0603720S MICROELECTRONICS TECHNOLOGY 124,049 131,049
DEVELOPMENT AND SUPPORT.
.................................. MGUE--DLA requested transfer [7,000]
from P,DW line 23.
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 661,158 646,158
.................................. Lack of coordination.......... [-10,000]
.................................. Unjustified increase.......... [-5,000]
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 92,270
TECHNOLOGY PROGRAM.
.................................. Excess growth................. [-13,140]
065 0603941D8Z TEST & EVALUATION SCIENCE & 187,065 154,365
TECHNOLOGY.
.................................. Directed energy test workloads
.................................. Excess growth electronic [-32,700]
warfare test.
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 89,072
DEVELOPMENT.
071 1206310SDA SPACE SCIENCE AND TECHNOLOGY 72,422 72,422
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 3,588,876 3,732,334
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 98,345
CERTIFICATION PROGRAM.
.................................. AFFF replacement.............. [10,000]
.................................. PFAS remediation and disposal [25,000]
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 1,004,305 924,305
MIDCOURSE DEFENSE SEGMENT.
.................................. Unjustified cost growth....... [-80,000]
078 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 76,167 76,167
PROGRAM--DEM/VAL.
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......................... 814,936 775,266
.................................. Insufficient justification [-39,670]
Aegis underlay and unjustified
cost growth.
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 449,000 430,000
COMMUNICATIONS TECHNOLOGY (5G).
.................................. Program decrease for Restoring [-19,000]
S&T.
094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,325 3,325
PROGRAM.
095 0604115C TECHNOLOGY MATURATION INITIATIVES. 67,389 109,389
.................................. Restore DPAL Effort........... [42,000]
098 0604181C HYPERSONIC DEFENSE................ 206,832 206,832
099 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 730,508 702,008
.................................. Micro nuclear reactors........ [50,000]
.................................. Program decrease.............. [-78,500]
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 65,000
(HDR-H).
.................................. Continue radar development and [65,000]
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 664,138 450,138
INTERCEPTORS.
.................................. NGI contract delays........... [-214,000]
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 215,994 195,994
PROTOTYPING.
.................................. HBTSS--transfer to 1206895C... [-20,000]
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 9,087,542
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 319,976 324,976
PROGRAM--EMD.
.................................. Decontamination technologies [5,000]
for civilian pandemic
preparedness.
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 & 603,808 608,808
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 422,451 427,451
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Telemetry range extension wave [5,000]
glider relay.
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 13,991
.................................. Excess growth................. [-2,561]
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 24,059
.................................. Excess growth................. [-5,000]
170 0605801KA DEFENSE TECHNICAL INFORMATION 59,369 57,716
CENTER (DTIC).
.................................. Program decrease.............. [-1,653]
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 1,293,178
..................................
.................................. 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 90,151
SUSTAINMENT SUPPORT.
.................................. Advanced machine tool research [20,000]
.................................. Cold spray manufacturing [5,000]
technologies.
.................................. Domestic organic light [5,000]
emitting diode microdisplay
manufacturing.
.................................. Domestic tungsten............. [5,000]
.................................. Manufacturing for reuse of [6,000]
NdFeB magnets.
.................................. Program increase.............. [15,000]
.................................. 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 356,713 394,713
PROGRAM.
.................................. GenCyber...................... [18,000]
.................................. Workforce Transformation Cyber [20,000]
Initiative Pilot Program.
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 9,728
(JRSS).
231 0305128V SECURITY AND INVESTIGATIVE 5,700 5,700
ACTIVITIES.
235 0305186D8Z POLICY R&D PROGRAMS............... 7,144 6,301
.................................. Program decrease.............. [-843]
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.......... 136,041 146,041
.................................. Machine learning and AI [10,000]
technologies to enable
operational maneuver.
261 1160431BB WARRIOR SYSTEMS................... 59,511 58,333
.................................. MMP excess to need............ [-1,178]
262 1160432BB SPECIAL PROGRAMS.................. 10,500 7,500
.................................. Classified adjustment--excess [-3,000]
to need.
263 1160434BB UNMANNED ISR...................... 19,154 15,154
.................................. Underexecution................ [-4,000]
264 1160480BB SOF TACTICAL VEHICLES............. 9,263 9,263
265 1160483BB MARITIME SYSTEMS.................. 59,882 56,882
.................................. DCS Block II studies [-3,000]
unjustified growth.
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 6,278,925
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
269 0608197V NATIONAL BACKGROUND INVESTIGATION 121,676 101,676
SERVICES--SOFTWARE PILOT PROGRAM.
.................................. Unjustified increase.......... [-20,000]
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 250,107 250,107
FUNCTIONAL TEAMS--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 475,381 445,381
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 24,280,891 24,235,557
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.................. 106,224,793 104,708,901
----------------------------------------------------------------------------------------------------------------
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 Conference
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
&
DEMONSTRATIO
N.
................
................ 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
&
DEMONSTRATIO
N.
................
................ 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
................ UNDISTRIBUTED
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. 4302. Operation and maintenance for overseas contingency
operations.
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
020 MODULAR SUPPORT BRIGADES...... 159,834 149,534
Unjustified funding for [-10,300]
Dynamic Force Employment..
030 ECHELONS ABOVE BRIGADE........ 663,751 661,938
Unjustified funding for [-1,813]
Dynamic Force Employment..
040 THEATER LEVEL ASSETS.......... 956,477 936,477
Unjustified growth........ [-20,000]
050 LAND FORCES OPERATIONS SUPPORT 1,157,635 1,157,635
060 AVIATION ASSETS............... 1,453,024 1,348,649
Unjustified funding for [-32,375]
Dynamic Force Employment..
Unjustified growth........ [-72,000]
070 FORCE READINESS OPERATIONS 4,713,660 4,673,660
SUPPORT......................
PDI: Army UFR INDOPACOM [45,000]
MDTF #1...................
Transfer to MP,A line 13.. [-10,000]
Unjustified growth........ [-75,000]
080 LAND FORCES SYSTEMS READINESS. 404,161 404,161
090 LAND FORCES DEPOT MAINTENANCE. 1,413,359 1,378,359
Unjustified growth........ [-35,000]
100 BASE OPERATIONS SUPPORT....... 8,220,093 8,340,093
Army Community Services... [30,000]
Child Youth Services [90,000]
program increase..........
110 FACILITIES SUSTAINMENT, 3,581,071 3,815,531
RESTORATION & MODERNIZATION..
Program increase.......... [234,460]
120 MANAGEMENT AND OPERATIONAL 411,844 411,844
HEADQUARTERS.................
160 US AFRICA COMMAND............. 239,387 277,887
Force protection upfrades-- [2,500]
personnel recovery/
casualty evacuation.......
Program increase-- [36,000]
personnel recovery and
casualty evacuation.......
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-- 430,109 430,109
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 464,117 464,117
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 24,692,261 24,873,733
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 535,578 535,578
TRAINING CORPS...............
290 SPECIALIZED SKILL TRAINING.... 981,436 981,436
300 FLIGHT TRAINING............... 1,204,768 1,204,768
310 PROFESSIONAL DEVELOPMENT 215,195 215,195
EDUCATION....................
320 TRAINING SUPPORT.............. 575,232 575,232
330 RECRUITING AND ADVERTISING.... 722,612 717,612
Unjustified growth........ [-5,000]
340 EXAMINING..................... 185,522 185,522
350 OFF-DUTY AND VOLUNTARY 221,503 221,503
EDUCATION....................
360 CIVILIAN EDUCATION AND 154,651 154,651
TRAINING.....................
370 JUNIOR RESERVE OFFICER 173,286 173,286
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,299,957 5,294,957
RECRUITING................
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................ 438,048 438,048
440 SERVICEWIDE COMMUNICATIONS.... 1,638,872 1,618,872
Unjustified growth........ [-20,000]
450 MANPOWER MANAGEMENT........... 300,046 300,046
460 OTHER PERSONNEL SUPPORT....... 701,103 701,103
470 OTHER SERVICE SUPPORT......... 1,887,133 1,886,133
Excess personnel increase. [-4,000]
Servicewoman's [3,000]
Commemorative Partnership.
480 ARMY CLAIMS ACTIVITIES........ 195,291 195,291
490 REAL ESTATE MANAGEMENT........ 229,537 229,537
500 FINANCIAL MANAGEMENT AND AUDIT 306,370 306,370
READINESS....................
510 INTERNATIONAL MILITARY 373,030 373,030
HEADQUARTERS.................
520 MISC. SUPPORT OF OTHER NATIONS 32,719 32,719
565 CLASSIFIED PROGRAMS........... 1,069,915 1,069,915
SUBTOTAL ADMIN & SRVWIDE 9,590,555 9,569,555
ACTIVITIES................
UNDISTRIBUTED
570 UNDISTRIBUTED................. -395,600
COVID-related ops/training [-258,300]
slowdown..................
Foreign Currency [-137,300]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -395,600
TOTAL OPERATION & 40,312,968 40,072,840
MAINTENANCE, ARMY........
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 589,582 579,582
Unjustified growth........ [-8,400]
Unjustified personnel [-1,600]
growth....................
050 AVIATION ASSETS............... 89,332 89,332
060 FORCE READINESS OPERATIONS 387,545 387,545
SUPPORT......................
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, 327,180 333,239
RESTORATION & MODERNIZATION..
Program increase for [6,059]
additional facility
requirements..............
110 MANAGEMENT AND OPERATIONAL 28,783 28,783
HEADQUARTERS.................
120 CYBERSPACE ACTIVITIES-- 2,745 2,745
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 7,438 7,438
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 2,825,366 2,821,425
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 109,351 109,351
ACTIVITIES................
UNDISTRIBUTED
210 UNDISTRIBUTED................. -33,500
COVID-related ops/training [-33,500]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -33,500
TOTAL OPERATION & 2,934,717 2,897,276
MAINTENANCE, ARMY RES....
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.......... 103,650 101,150
Insufficient justification [-2,500]
050 LAND FORCES OPERATIONS SUPPORT 32,485 32,485
060 AVIATION ASSETS............... 1,011,142 1,011,142
070 FORCE READINESS OPERATIONS 712,881 712,881
SUPPORT......................
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, 876,032 892,254
RESTORATION & MODERNIZATION..
Program increase for [16,222]
additional facility
requirements..............
120 MANAGEMENT AND OPERATIONAL 1,050,257 1,050,257
HEADQUARTERS.................
130 CYBERSPACE ACTIVITIES-- 7,998 8,998
CYBERSPACE OPERATIONS........
Program increase--cyber [1,000]
security training center..
140 CYBERSPACE ACTIVITIES-- 7,756 7,756
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 7,008,170 7,022,892
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 411,844 411,844
ACTIVITIES................
UNDISTRIBUTED
220 UNDISTRIBUTED................. -66,100
COVID-related ops/training [-66,100]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -66,100
TOTAL OPERATION & 7,420,014 7,368,636
MAINTENANCE, ARNG........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 5,738,746 5,373,746
OPERATIONS...................
Transfer to OCO........... [-300,000]
Unjustified increase...... [-65,000]
020 FLEET AIR TRAINING............ 2,213,673 2,163,673
Restoration of [-50,000]
Congressional mark........
030 AVIATION TECHNICAL DATA & 57,144 57,144
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 171,949 171,949
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 838,767 834,067
Restoration of [-4,700]
Congressional mark........
060 AIRCRAFT DEPOT MAINTENANCE.... 1,459,447 1,454,447
Unjustified growth........ [-5,000]
070 AIRCRAFT DEPOT OPERATIONS 57,789 57,789
SUPPORT......................
080 AVIATION LOGISTICS............ 1,264,665 1,234,665
Restoration of [-30,000]
Congressional mark........
100 SHIP OPERATIONS SUPPORT & 1,117,067 1,107,067
TRAINING.....................
Unjustified increase...... [-10,000]
110 SHIP DEPOT MAINTENANCE........ 7,859,104 7,859,104
120 SHIP DEPOT OPERATIONS SUPPORT. 2,262,196 2,242,196
Unjustified increase...... [-13,000]
Unjustified personnel [-7,000]
growth....................
125 SHIPYARD INFRASTRUCTURE 90,000
OPTIMIZATION PLAN............
Realignment from [90,000]
Sustainment, Readiness,
and Modernization.........
130 COMBAT COMMUNICATIONS AND 1,521,360 1,502,360
ELECTRONIC WARFARE...........
Unjustified increase...... [-19,000]
140 SPACE SYSTEMS AND SURVEILLANCE 274,087 274,087
150 WARFARE TACTICS............... 741,609 741,609
160 OPERATIONAL METEOROLOGY AND 401,382 401,382
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 1,546,273 936,273
Restoration of [-60,000]
Congressional mark........
Transfer to OCO........... [-550,000]
180 EQUIPMENT MAINTENANCE AND 177,951 177,951
DEPOT OPERATIONS SUPPORT.....
190 COMBATANT COMMANDERS CORE 61,484 66,084
OPERATIONS...................
PDI: Asia-Pacific Regional [4,600]
Initiative................
200 COMBATANT COMMANDERS DIRECT 102,330 110,630
MISSION SUPPORT..............
PDI: Indo-Pacific Counter- [2,000]
Terrorism Information
Facility..................
PDI: Indo-Pacific Special [6,300]
Operations Joint Task
Force.....................
210 MILITARY INFORMATION SUPPORT 8,810 8,810
OPERATIONS...................
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 [-45,000]
Congressional mark........
250 OTHER WEAPON SYSTEMS SUPPORT.. 524,008 524,008
260 ENTERPRISE INFORMATION........ 1,229,056 1,204,056
Program decrease.......... [-5,000]
Restoration of [-20,000]
Congressional mark........
270 SUSTAINMENT, RESTORATION AND 3,453,099 3,454,793
MODERNIZATION................
Navy requested transfer [27,748]
from RDTE,N line 184......
Program increase for [63,946]
additional facility
requirements..............
Realignment to Shipyard [-90,000]
Infrastructure
Optimization Plan.........
280 BASE OPERATING SUPPORT........ 4,627,966 4,603,966
Restoration of [-24,000]
Congressional mark........
SUBTOTAL OPERATING FORCES. 40,701,322 39,598,216
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE. 849,993 657,900
Realignment to National [-314,193]
Defense Sealift Fund......
Restoration of [-20,000]
Congressional mark........
Strategic sealift (MSC [57,000]
surge) annual operating
result loss...............
Surge sealift readiness... [85,100]
300 READY RESERVE FORCE........... 436,029 376,029
Acquisition and conversion [60,000]
of additional used vessels
Realignment to National [-120,000]
Defense Sealift Fund......
310 SHIP ACTIVATIONS/INACTIVATIONS 286,416 258,416
Restoration of [-28,000]
Congressional mark........
320 EXPEDITIONARY HEALTH SERVICES 99,402 99,402
SYSTEMS......................
330 COAST GUARD SUPPORT........... 25,235 25,235
SUBTOTAL MOBILIZATION..... 1,697,075 1,416,982
TRAINING AND RECRUITING
340 OFFICER ACQUISITION........... 186,117 186,117
350 RECRUIT TRAINING.............. 13,206 13,206
360 RESERVE OFFICERS TRAINING 163,683 163,683
CORPS........................
370 SPECIALIZED SKILL TRAINING.... 947,841 930,841
Restoration of [-17,000]
Congressional mark........
380 PROFESSIONAL DEVELOPMENT 367,647 369,147
EDUCATION....................
Sea Cadets................ [1,500]
390 TRAINING SUPPORT.............. 254,928 254,928
400 RECRUITING AND ADVERTISING.... 206,305 206,305
410 OFF-DUTY AND VOLUNTARY 103,799 103,799
EDUCATION....................
420 CIVILIAN EDUCATION AND 66,060 66,060
TRAINING.....................
430 JUNIOR ROTC................... 56,276 56,276
SUBTOTAL TRAINING AND 2,365,862 2,350,362
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 1,249,410 1,203,410
Program decrease.......... [-13,000]
Restoration of [-33,000]
Congressional mark........
450 CIVILIAN MANPOWER AND 189,625 189,625
PERSONNEL MANAGEMENT.........
460 MILITARY MANPOWER AND 499,904 499,904
PERSONNEL MANAGEMENT.........
470 MEDICAL ACTIVITIES............ 196,747 196,747
480 SERVICEWIDE TRANSPORTATION.... 165,708 162,410
Unjustified funding for [-3,298]
Dynamic Force Employment..
500 PLANNING, ENGINEERING, AND 519,716 519,716
PROGRAM SUPPORT..............
510 ACQUISITION, LOGISTICS, AND 751,184 740,184
OVERSIGHT....................
Program decrease [-11,000]
unaccounted for...........
520 INVESTIGATIVE AND SECURITY 747,519 747,519
SERVICES.....................
625 CLASSIFIED PROGRAMS........... 608,670 608,670
SUBTOTAL ADMIN & SRVWD 4,928,483 4,868,185
ACTIVITIES................
UNDISTRIBUTED
770 UNDISTRIBUTED................. -126,000
COVID-related ops/training [-77,500]
slowdown..................
Foreign Currency [-48,500]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -126,000
TOTAL OPERATION & 49,692,742 48,107,745
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 941,143 517,464
Deactivation of 2X [-1,761]
companies.................
Insufficient justification [-10,300]
Transfer to OCO........... [-400,000]
Unit deactivation......... [-2,942]
Unjustified funding for [-8,676]
Dynamic Force Employment..
020 FIELD LOGISTICS............... 1,277,798 1,277,798
030 DEPOT MAINTENANCE............. 206,907 168,414
USMC-identified asset for [-38,493]
FY21 depot maintenance
workload..................
040 MARITIME PREPOSITIONING....... 103,614 103,614
050 CYBERSPACE ACTIVITIES......... 215,974 215,974
060 SUSTAINMENT, RESTORATION & 938,063 955,434
MODERNIZATION................
Program increase for [17,371]
additional facility
requirements..............
070 BASE OPERATING SUPPORT........ 2,264,680 2,365,680
Program increase.......... [101,000]
SUBTOTAL OPERATING FORCES. 5,948,179 5,604,378
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 69,509 69,509
EDUCATION....................
120 TRAINING SUPPORT.............. 412,613 412,613
130 RECRUITING AND ADVERTISING.... 215,464 215,464
140 OFF-DUTY AND VOLUNTARY 33,719 33,719
EDUCATION....................
150 JUNIOR ROTC................... 25,784 25,784
SUBTOTAL TRAINING AND 889,182 889,182
RECRUITING................
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 491,246 491,246
ACTIVITIES................
UNDISTRIBUTED
230 UNDISTRIBUTED................. -34,200
COVID-related ops/training [-20,800]
slowdown..................
Foreign Currency [-13,400]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -34,200
TOTAL OPERATION & 7,328,607 6,950,606
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 635,070 632,070
OPERATIONS...................
Insufficient justification [-3,000]
020 INTERMEDIATE MAINTENANCE...... 8,713 8,713
030 AIRCRAFT DEPOT MAINTENANCE.... 105,088 105,088
040 AIRCRAFT DEPOT OPERATIONS 398 398
SUPPORT......................
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 48,762 49,665
MODERNIZATION................
Program increase for [903]
additional facility
requirements..............
120 BASE OPERATING SUPPORT........ 103,580 103,580
SUBTOTAL OPERATING FORCES. 1,106,177 1,104,080
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION................ 1,927 1,927
140 MILITARY MANPOWER AND 15,895 15,895
PERSONNEL MANAGEMENT.........
150 ACQUISITION AND PROGRAM 3,047 3,047
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 20,869 20,869
ACTIVITIES................
UNDISTRIBUTED
190 UNDISTRIBUTED................. -12,700
COVID-related ops/training [-12,700]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -12,700
TOTAL OPERATION & 1,127,046 1,112,249
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 104,616 104,616
020 DEPOT MAINTENANCE............. 17,053 17,053
030 SUSTAINMENT, RESTORATION AND 41,412 42,179
MODERNIZATION................
Program increase for [767]
additional facility
requirements..............
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 13,802 13,802
ACTIVITIES................
UNDISTRIBUTED
70 UNDISTRIBUTED................. -2,500
COVID-related ops/training [-2,500]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -2,500
TOTAL OPERATION & 284,656 282,923
MAINTENANCE, MC RESERVE..
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 1,272,985
Unjustified personnel [-2,500]
growth....................
030 AIR OPERATIONS TRAINING (OJT, 1,437,095 1,441,525
MAINTAIN SKILLS).............
A-10 retention............ [12,430]
Insufficient justification [-8,000]
040 DEPOT PURCHASE EQUIPMENT 117,375
MAINTENANCE..................
A-10 retention............ [65,575]
KC-10 aircraft retention.. [48,400]
KC-135 aircraft retention. [3,400]
050 FACILITIES SUSTAINMENT, 3,241,216 3,343,016
RESTORATION & MODERNIZATION..
Program increase.......... [101,800]
060 CYBERSPACE SUSTAINMENT........ 235,816 235,816
070 CONTRACTOR LOGISTICS SUPPORT 1,508,342 1,524,227
AND SYSTEM SUPPORT...........
A-10 aircraft retention... [15,885]
080 FLYING HOUR PROGRAM........... 4,458,457 4,564,117
A-10 aircraft retention... [52,860]
KC-10 tanker divestment [16,200]
reversal..................
KC-135 tanker divestment [36,600]
reversal..................
090 BASE SUPPORT.................. 7,497,288 7,468,684
Insufficient justification [-22,000]
Unjustified funding for [-6,604]
Dynamic Force Employment..
100 GLOBAL C3I AND EARLY WARNING.. 849,842 871,642
Insufficient justification [-9,000]
PDI: Mission Partner [30,800]
Environment implementation
110 OTHER COMBAT OPS SPT PROGRAMS. 1,067,055 868,476
Program decrease [-3,000]
unaccounted for...........
Realignment from Base to [-195,579]
OCO.......................
120 CYBERSPACE ACTIVITIES......... 698,579 698,579
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 25,954,822
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,350,031 1,150,031
Realignment from Base to [-200,000]
OCO.......................
250 MOBILIZATION PREPAREDNESS..... 647,168 647,168
SUBTOTAL MOBILIZATION..... 1,997,199 1,797,199
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 142,548 142,548
270 RECRUIT TRAINING.............. 25,720 25,720
280 RESERVE OFFICERS TRAINING 128,295 128,295
CORPS (ROTC).................
290 SPECIALIZED SKILL TRAINING.... 417,335 417,335
300 FLIGHT TRAINING............... 615,033 615,033
310 PROFESSIONAL DEVELOPMENT 298,795 298,795
EDUCATION....................
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 219,349 219,349
EDUCATION....................
360 CIVILIAN EDUCATION AND 361,570 358,570
TRAINING.....................
Insufficient justification [-3,000]
370 JUNIOR ROTC................... 72,126 72,126
SUBTOTAL TRAINING AND 2,526,154 2,523,154
RECRUITING................
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.......... 672,426 672,426
390 TECHNICAL SUPPORT ACTIVITIES.. 145,130 145,130
400 ADMINISTRATION................ 851,251 829,251
Program decrease.......... [-22,000]
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 43,205
Program increase.......... [14,433]
450 INTERNATIONAL SUPPORT......... 158,803 158,803
455 CLASSIFIED PROGRAMS........... 1,338,009 1,338,009
SUBTOTAL ADMIN & SRVWD 4,411,359 4,399,192
ACTIVITIES................
UNDISTRIBUTED
550 UNDISTRIBUTED................. -225,800
COVID-related ops/training [-110,600]
slowdown..................
COVID-related throughput [-75,800]
carryover adjustment......
Foreign Currency [-39,400]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -225,800
TOTAL OPERATION & 34,750,597 34,448,567
MAINTENANCE, AIR FORCE...
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 1,063,969 1,063,969
SUPPORT......................
SUBTOTAL OPERATING FORCES. 2,398,771 2,398,771
ADMINISTRATION AND SERVICE
WIDE ACTIVITIES
090 ADMINISTRATION................ 132,523 123,523
Unjustified growth........ [-9,000]
SUBTOTAL ADMINISTRATION 132,523 123,523
AND SERVICE WIDE
ACTIVITIES................
UNDISTRIBUTED
110 UNDISTRIBUTED................. -8,000
COVID-related ops/training [-8,000]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -8,000
TOTAL OPERATION & 2,531,294 2,514,294
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,782,016 1,767,016
Insufficient justification [-15,000]
020 MISSION SUPPORT OPERATIONS.... 215,209 214,209
Insufficient justification [-1,000]
030 DEPOT PURCHASE EQUIPMENT 453,896 453,896
MAINTENANCE..................
040 FACILITIES SUSTAINMENT, 103,414 107,614
RESTORATION & MODERNIZATION..
Program increase for [4,200]
additional facility
requirements..............
050 CONTRACTOR LOGISTICS SUPPORT 224,977 224,977
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 452,468 452,468
070 CYBERSPACE ACTIVITIES......... 2,259 2,259
SUBTOTAL OPERATING FORCES. 3,234,239 3,222,439
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
080 ADMINISTRATION................ 74,258 74,258
090 RECRUITING AND ADVERTISING.... 23,121 23,121
100 MILITARY MANPOWER AND PERS 12,006 12,006
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 6,165 6,165
COMP)........................
120 AUDIOVISUAL................... 495 495
SUBTOTAL ADMINISTRATION 116,045 116,045
AND SERVICEWIDE ACTIVITIES
UNDISTRIBUTED
130 UNDISTRIBUTED................. -30,300
COVID-related ops/training [-30,300]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -30,300
TOTAL OPERATION & 3,350,284 3,308,184
MAINTENANCE, AF RESERVE..
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 1,138,919 1,138,919
MAINTENANCE..................
040 FACILITIES SUSTAINMENT, 323,605 362,505
RESTORATION & MODERNIZATION..
Installation recovery..... [30,000]
Program increase for [8,900]
additional facility
requirements..............
050 CONTRACTOR LOGISTICS SUPPORT 1,100,828 1,100,828
AND SYSTEM SUPPORT...........
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 6,695,628
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
090 ADMINISTRATION................ 48,218 48,218
100 RECRUITING AND ADVERTISING.... 48,696 45,696
Insufficient justification [-3,000]
SUBTOTAL ADMINISTRATION 96,914 93,914
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
110 UNDISTRIBUTED................. -44,300
COVID-related ops/training [-44,300]
slowdown..................
SUBTOTAL UNDISTRIBUTED.... -44,300
TOTAL OPERATION & 6,753,642 6,745,242
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 439,111 424,111
Insufficient justification [-15,000]
020 JOINT CHIEFS OF STAFF--CE2T2.. 535,728 535,728
030 JOINT CHIEFS OF STAFF--CYBER.. 24,728 24,728
040 SPECIAL OPERATIONS COMMAND 1,069,971 1,072,931
COMBAT DEVELOPMENT ACTIVITIES
SOCOM Syria exfiltration [2,960]
reconsitution.............
050 SPECIAL OPERATIONS COMMAND 9,800 9,800
CYBERSPACE ACTIVITIES........
060 SPECIAL OPERATIONS COMMAND 561,907 555,907
INTELLIGENCE.................
DOMEX insufficient budget [-6,000]
justification.............
070 SPECIAL OPERATIONS COMMAND 685,097 705,814
MAINTENANCE..................
Program increase.......... [22,000]
Unjustified DCS growth.... [-1,283]
080 SPECIAL OPERATIONS COMMAND 158,971 158,971
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
090 SPECIAL OPERATIONS COMMAND 1,062,748 1,062,748
OPERATIONAL SUPPORT..........
100 SPECIAL OPERATIONS COMMAND 2,598,385 2,583,952
THEATER FORCES...............
Flying hours program [-12,400]
excess to need............
Overestimation of civilian [-2,033]
personnel costs...........
SUBTOTAL OPERATING FORCES. 7,146,446 7,134,690
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY 162,963 162,963
130 JOINT CHIEFS OF STAFF......... 95,684 95,684
140 PROFESSIONAL DEVELOPMENT 33,301 33,301
EDUCATION....................
SUBTOTAL TRAINING AND 291,948 291,948
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS....... 147,993 179,878
Innovative Readiness [16,885]
Training..................
Program increase--STARBASE [15,000]
180 DEFENSE CONTRACT AUDIT AGENCY. 604,835 623,835
Program increase--DWR [19,000]
reductions funding
restoration...............
190 DEFENSE CONTRACT AUDIT AGENCY-- 3,282 3,282
CYBER........................
210 DEFENSE CONTRACT MANAGEMENT 1,370,681 1,412,681
AGENCY.......................
Restoration of DWR [42,000]
reductions................
220 DEFENSE CONTRACT MANAGEMENT 22,532 22,532
AGENCY--CYBER................
230 DEFENSE COUNTERINTELLIGENCE 949,008 949,008
AND SECURITY AGENCY..........
250 DEFENSE COUNTERINTELLIGENCE 9,577 9,577
AND SECURITY AGENCY--CYBER...
260 DEFENSE HUMAN RESOURCES 799,952 800,356
ACTIVITY.....................
Defense Flagship Language [13,404]
and Project Global Officer
program increase..........
Insufficient justification [-13,000]
270 DEFENSE HUMAN RESOURCES 20,806 20,806
ACTIVITY--CYBER..............
280 DEFENSE INFORMATION SYSTEMS 1,883,190 1,853,190
AGENCY.......................
JAIC insufficient [-30,000]
justification.............
290 DEFENSE INFORMATION SYSTEMS 582,639 577,939
AGENCY--CYBER................
JRSS SIPR funding......... [-4,700]
330 DEFENSE LEGAL SERVICES AGENCY. 37,637 37,637
340 DEFENSE LOGISTICS AGENCY...... 382,084 415,584
Maternity Uniform Pilot [10,000]
Program...................
Program increase--homeless [3,500]
blankets program..........
Program increase--PTAP.... [20,000]
350 DEFENSE MEDIA ACTIVITY........ 196,997 205,997
Stars and Stripes......... [9,000]
360 DEFENSE PERSONNEL ACCOUNTING 129,225 129,225
AGENCY.......................
370 DEFENSE SECURITY COOPERATION 598,559 588,559
AGENCY.......................
Unjustified growth for [-10,000]
Institute for Security
Governance................
400 DEFENSE TECHNOLOGY SECURITY 38,432 38,432
ADMINISTRATION...............
410 DEFENSE THREAT REDUCTION 591,780 591,780
AGENCY.......................
430 DEFENSE THREAT REDUCTION 24,635 24,635
AGENCY--CYBER................
440 DEPARTMENT OF DEFENSE 2,941,429 3,011,429
EDUCATION ACTIVITY...........
Impact Aid................ [50,000]
Impact Aid for children [20,000]
with disabilities.........
450 MISSILE DEFENSE AGENCY........ 505,858 505,858
480 OFFICE OF ECONOMIC ADJUSTMENT. 40,272 134,272
Defense Community [50,000]
Infrastructure Program....
Guam Public Health [19,000]
Laboratory................
Military Aircraft Noise [5,000]
Mitigation................
Restoration of DWR [20,000]
reduction.................
490 OFFICE OF THE SECRETARY OF 1,540,446 1,588,696
DEFENSE......................
Additional FTEs, Office of [2,000]
the Deputy Assistant
Secretary for Environment.
Bien Hoa dioxin cleanup... [15,000]
CDC PFAS health assessment [15,000]
Cooperative program for [2,000]
Vietnam personnel MIA.....
DOD Congressional reports [1,000]
process modernization.....
FY20 NDAA Sec. 575 [2,750]
interstate spousal
licensing.................
JASON scientific advisory [3,000]
group.....................
National Security [2,500]
Commission on Artificial
Intelligence (NSCAI)......
Pilot program for cyber [2,500]
cooperation...............
Program increase-- [25,000]
Readiness and
Environmental Protection
Initiative................
Unjustified growth........ [-22,500]
500 OFFICE OF THE SECRETARY OF 51,630 51,630
DEFENSE--CYBER...............
510 SPACE DEVELOPMENT AGENCY...... 48,166 36,166
Reduction for studies..... [-7,000]
Unjustified growth........ [-5,000]
530 WASHINGTON HEADQUARTERS 340,291 333,291
SERVICES.....................
Insufficient justification [-7,000]
535 CLASSIFIED PROGRAMS........... 17,348,749 17,348,749
SUBTOTAL ADMIN & SRVWIDE 31,210,685 31,495,024
ACTIVITIES................
UNDISTRIBUTED
600 UNDISTRIBUTED................. -248,500
COVID-related ops/training [-229,800]
slowdown..................
Foreign Currency [-18,700]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -248,500
TOTAL OPERATION AND 38,649,079 38,673,162
MAINTENANCE, DEFENSE-WIDE
US COURT OF APPEALS FOR ARMED
FORCES, DEF
ADMINISTRATION AND ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS FOR THE 15,211 15,211
ARMED FORCES, DEFENSE........
SUBTOTAL ADMINISTRATION 15,211 15,211
AND ASSOCIATED ACTIVITIES.
TOTAL US COURT OF APPEALS 15,211 15,211
FOR ARMED FORCES, DEF....
DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 58,181 108,181
DWR restore OSD-level [50,000]
acquisition workforce
activities................
SUBTOTAL ACQUISITION 58,181 108,181
WORKFORCE DEVELOPMENT.....
TOTAL DOD ACQUISITION 58,181 108,181
WORKFORCE DEVELOPMENT
FUND.....................
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, 109,900 109,900
DISASTER AND CIVIC AID.......
SUBTOTAL HUMANITARIAN 109,900 109,900
ASSISTANCE................
TOTAL OVERSEAS 109,900 109,900
HUMANITARIAN, DISASTER,
AND CIVIC AID............
COOPERATIVE THREAT REDUCTION
ACCOUNT
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION.. 238,490 360,190
Restoration of funding.... [121,700]
SUBTOTAL COOPERATIVE 238,490 360,190
THREAT REDUCTION..........
TOTAL COOPERATIVE THREAT 238,490 360,190
REDUCTION ACCOUNT........
ENVIRONMENTAL RESTORATION
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, 207,518 207,518
ARMY.........................
SUBTOTAL DEPARTMENT OF THE 207,518 207,518
ARMY......................
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, 335,932 335,932
NAVY.........................
SUBTOTAL DEPARTMENT OF THE 335,932 335,932
NAVY......................
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR 303,926 303,926
FORCE........................
SUBTOTAL DEPARTMENT OF THE 303,926 303,926
AIR FORCE.................
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, 9,105 9,105
DEFENSE......................
SUBTOTAL DEFENSE-WIDE..... 9,105 9,105
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION 216,587 216,587
FORMERLY USED SITES..........
SUBTOTAL DEFENSE-WIDE..... 216,587 216,587
TOTAL ENVIRONMENTAL 1,073,068 1,073,068
RESTORATION..............
TOTAL OPERATION & 196,630,496 192,436,494
MAINTENANCE..............
UNDISTRIBUTED
010 UNDISTRIBUTED................. -1,711,780
Excessive standard price [-1,711,780]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -1,711,780
TOTAL UNDISTRIBUTED...... -1,711,780
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 4,114,001 3,862,628
Drawdown from Operation [-89,500]
Freedom's Sentinel........
Unjustified funding for [-161,873]
Dynamic Force Employment..
030 ECHELONS ABOVE BRIGADE........ 32,811 32,811
040 THEATER LEVEL ASSETS.......... 2,542,760 2,052,760
Drawdown from Operation [-480,000]
Freedom's Sentinel........
Unjustified growth........ [-10,000]
050 LAND FORCES OPERATIONS SUPPORT 162,557 112,557
Drawdown from Operation [-50,000]
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 4,136,734
SUPPORT......................
Drawdown from Operation [-1,500,000]
Freedom's Sentinel........
Unjustified growth........ [-80,000]
080 LAND FORCES SYSTEMS READINESS. 180,048 80,048
Drawdown from Operation [-100,000]
Freedom's Sentinel........
090 LAND FORCES DEPOT MAINTENANCE. 81,125 81,125
100 BASE OPERATIONS SUPPORT....... 219,029 187,029
Drawdown from Operation [-32,000]
Freedom's Sentinel........
110 FACILITIES SUSTAINMENT, 301,017 260,017
RESTORATION & MODERNIZATION..
Drawdown from Operation [-41,000]
Freedom's Sentinel........
130 ADDITIONAL ACTIVITIES......... 966,649 782,649
Drawdown from Operation [-184,000]
Freedom's Sentinel........
140 COMMANDER'S EMERGENCY RESPONSE 2,500 2,000
PROGRAM......................
Excess to need............ [-500]
150 RESET......................... 403,796 1,003,796
Retrograde from Operation [600,000]
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 13,113,908
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.... 521,090 921,090
Retrograde from Operation [400,000]
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 2,074,604
ACTIVITIES................
TOTAL OPERATION & 17,137,754 15,384,057
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...........
TOTAL AFGHANISTAN 4,015,612 4,015,612
SECURITY FORCES FUND.....
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 645,000 322,500
Transfer for 10 USC 333 [-322,500]
Iraq security cooperation
activities................
020 SYRIA......................... 200,000 200,000
SUBTOTAL COUNTER ISIS 845,000 522,500
TRAIN AND EQUIP FUND
(CTEF)....................
TOTAL COUNTER ISIS TRAIN 845,000 522,500
AND EQUIP FUND (CTEF)....
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 382,062 682,062
OPERATIONS...................
Transfer from base........ [300,000]
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 5,717,696
OPERATIONS...................
Insufficient justification [-100,000]
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 1,312,441
Insufficient justification [-10,000]
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 11,261,682
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 11,440,305
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 1,480,444
Program decrease.......... [-60,000]
100 GLOBAL C3I AND EARLY WARNING.. 13,709 13,709
110 OTHER COMBAT OPS SPT PROGRAMS. 345,800 549,379
Department requested [28,000]
transfer from SAG 44A.....
Insufficient justification [-20,000]
Realignment from Base to [195,579]
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.................... 126,934 171,134
Department requested [44,200]
transfer from line 42G....
SUBTOTAL OPERATING FORCES. 16,160,805 16,410,584
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,271,439 1,471,439
Realignment from Base to [200,000]
OCO.......................
250 MOBILIZATION PREPAREDNESS..... 120,866 120,866
SUBTOTAL MOBILIZATION..... 1,392,305 1,592,305
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 56,631
Department requested [-44,200]
transfer to line 15F......
450 INTERNATIONAL SUPPORT......... 29,928 1,928
Department requested [-28,000]
transfer to line 12C......
455 CLASSIFIED PROGRAMS........... 34,502 34,502
SUBTOTAL ADMIN & SRVWD 345,985 273,785
ACTIVITIES................
TOTAL OPERATION & 17,930,020 18,307,599
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 898,024 898,024
COMBAT DEVELOPMENT ACTIVITIES
060 SPECIAL OPERATIONS COMMAND 1,244,553 1,243,618
INTELLIGENCE.................
Program decrease.......... [-935]
070 SPECIAL OPERATIONS COMMAND 354,951 354,951
MAINTENANCE..................
090 SPECIAL OPERATIONS COMMAND 104,535 104,535
OPERATIONAL SUPPORT..........
100 SPECIAL OPERATIONS COMMAND 757,744 752,744
THEATER FORCES...............
Unjustified growth........ [-5,000]
SUBTOTAL OPERATING FORCES. 3,370,240 3,364,305
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 1,630,263
AGENCY.......................
Transfer from CTEF for 10 [322,500]
USC 333 Iraq security
cooperation activities....
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 2,730,514
ACTIVITIES................
TOTAL OPERATION AND 6,022,254 6,094,819
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 57,943,729
MAINTENANCE..............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 150,524,104 149,185,852
Historical unobligated balances....... -1,168,452
Foreign currency adjustments.......... -169,800
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 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 4,602,593 4,602,593
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Program Title 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 95,712 95,712
FORCE..............................
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.............. 120,000
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]
TOTAL NATIONAL DEFENSE SEALIFT FUND 434,193
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M............ 106,691 106,691
CHEM DEMILITARIZATION--RDT&E.......... 782,193 782,193
CHEM DEMILITARIZATION--PROC........... 616 616
TOTAL CHEM AGENTS & MUNITIONS 889,500 889,500
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 546,203 562,003
PDI: Joint Interagency Task [13,000]
Force--West Project 3309.........
PDI: Joint Interagency Task [2,800]
Force--West Project 9202.........
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 769,629 785,429
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 368,279 368,279
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 371,439 371,439
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 9,560,564 9,271,064
Equipment purchases excess growth [-29,500]
Medical reform implementation-- [-296,000]
excess funding to replace
military medical end strength....
Reverse DWR savings from [36,000]
downsizing MTFs..................
PRIVATE SECTOR CARE................... 15,841,887 15,826,887
Program decrease................. [-15,000]
CONSOLIDATED HEALTH SUPPORT........... 1,338,269 1,314,169
Historical underexecution........ [-24,100]
INFORMATION MANAGEMENT................ 2,039,910 2,039,910
MANAGEMENT ACTIVITIES................. 330,627 330,627
EDUCATION AND TRAINING................ 315,691 331,691
Health Professions Scholarship [6,000]
Program..........................
Reverse DWR cuts to USUHS........ [10,000]
BASE OPERATIONS/COMMUNICATIONS........ 1,922,605 1,922,605
R&D RESEARCH.......................... 8,913 13,913
Pancreatic cancer research....... [5,000]
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 55,748
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 70,872 70,872
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 308,504 245,854
MODERNIZATION........................
Excess to need................... [-62,650]
SOFTWARE & DIGITAL TECHNOLOGY PILOT 160,428 160,428
PROGRAMS.............................
UNDISTRIBUTED......................... 200
Foreign Currency adjustments..... [-9,800]
Triple negative breast cancer.... [10,000]
TOTAL DEFENSE HEALTH PROGRAM....... 32,690,372 32,320,322
TOTAL OTHER AUTHORIZATIONS......... 36,069,850 36,149,793
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Conference
Program Title 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 24,069 24,069
GENERAL............................
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. 4602. Military construction for overseas contingency operations.
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
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State/Country and FY 2021 Conference
Account Installation Project Title Request Authorized
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Alaska
Military Construction, Army Fort Wainwright Child Development Center... 0 55,000
Military Construction, Army Fort Wainwright Unaccompanied Enlisted 0 59,000
Personnel Housing.
Arizona
Military Construction, Army Yuma Proving Ground Ready Building............. 14,000 14,000
California
Military Construction, Army Military Ocean Ammunition Holding Facility 0 46,000
Terminal Concord
Colorado
Military Construction, Army Fort Carson, Colorado Physical Fitness Facility.. 28,000 28,000
Florida
Military Construction, Army Jiatf-S Operations Planning and Design........ 0 8,000
Center
Georgia
Military Construction, Army Fort Gillem Forensic Laboratory........ 71,000 71,000
Military Construction, Army Fort Gordon Adv Individual Training 80,000 80,000
Barracks Cplx, Ph3.
Hawaii
Military Construction, Army Fort Shafter Child Development Center-- 0 65,000
School Age.
Military Construction, Army Schofield Barracks Child Development Center... 0 39,000
Military Construction, Army Wheeler Army Air Field Aircraft Maintenance Hangar 89,000 89,000
Italy
Military Construction, Army Casmera Renato DAL Din Access Control Point....... 0 10,200
Louisiana
Military Construction, Army Fort Polk, Louisiana Information Systems 25,000 25,000
Facility.
Oklahoma
Military Construction, Army McAlester AAP Ammunition Demolition Shop. 35,000 35,000
Pennsylvania
Military Construction, Army Carlisle Barracks General Instruction 38,000 25,540
Building, Incr2.
South Carolina
Military Construction, Army Fort Jackson Trainee Barracks Complex 3, 0 7,000
Ph2.
Virginia
Military Construction, Army Humphreys Engineer Training Support Facility.. 51,000 51,000
Center
Worldwide Unspecified
Military Construction, Army Unspecified Worldwide Host Nation Support........ 39,000 39,000
Locations
Military Construction, Army Unspecified Worldwide Planning and Design........ 129,436 64,436
Locations
Military Construction, Army Unspecified Worldwide Unspecified Minor 50,900 68,900
Locations Construction.
........................
Military Construction, Army TOTAL 650,336 880,076
......................
Arizona
Military Construction, Navy Yuma Bachelor Enlisted Quarters 0 0
Replacement.
Bahrain Island
Military Construction, Navy SW Asia Ship to Shore Utility 68,340 68,340
Services.
California
Military Construction, Navy Camp Pendleton Combat Water Survival 0 25,200
Training Faciity.
Military Construction, Navy Camp Pendleton Warehouse Consolidation and 0 21,800
Modernization.
Military Construction, Navy Camp Pendleton, 1st MARDIV Operations 68,530 68,530
California Complex.
Military Construction, Navy Camp Pendleton, I MEF Consolidated 37,000 37,000
California Information Center (Inc).
Military Construction, Navy Lemoore F-35C Hangar 6 Phase 2 (Mod 128,070 53,000
3/4).
Military Construction, Navy Lemoore F-35C Simulator Facility & 59,150 59,150
Electrical Upgrade.
Military Construction, Navy Point Mugu Directed Energy Test 0 26,700
Facility.
Military Construction, Navy Port Hueneme Combat Vehicle Maintenance 0 43,500
Facilities.
Military Construction, Navy San Diego Pier 6 Replacement......... 128,500 63,500
Military Construction, Navy Seal Beach Magazines.................. 0 46,800
Military Construction, Navy Twentynine Palms, Wastewater Treatment Plant. 76,500 76,500
California
El Salvador
Military Construction, Navy Comolapa Long Range Maritime Patrol 0 28,000
Aircraft Hangar and Ramp.
Greece
Military Construction, Navy Souda Bay Communication Center....... 50,180 50,180
Guam
Military Construction, Navy Andersen AFB Ordnance Operations Admin.. 21,280 21,280
Military Construction, Navy Joint Region Marianas Bachelor Enlisted Quarters 80,000 68,649
H (Inc).
Military Construction, Navy Joint Region Marianas Base Warehouse............. 55,410 55,410
Military Construction, Navy Joint Region Marianas Central Fuel Station....... 35,950 35,950
Military Construction, Navy Joint Region Marianas Central Issue Facility..... 45,290 45,290
Military Construction, Navy Joint Region Marianas Combined EOD Facility...... 37,600 37,600
Military Construction, Navy Joint Region Marianas DAR Bridge Improvements.... 40,180 40,180
Military Construction, Navy Joint Region Marianas DAR Road Strengthening..... 70,760 70,760
Military Construction, Navy Joint Region Marianas Distribution Warehouse..... 77,930 77,930
Military Construction, Navy Joint Region Marianas Individual Combat Skills 17,430 17,430
Training.
Military Construction, Navy Joint Region Marianas Joint Communication Upgrade 166,000 22,000
Hawaii
Military Construction, Navy Joint Base Pearl Waterfront Improve, Wharves 48,990 48,990
Harbor-Hickam S1,S11-13,S20-21.
Military Construction, Navy Joint Base Pearl Waterfront Improvements 65,910 65,910
Harbor-Hickam Wharves S8-S10.
Japan
Military Construction, Navy Yokosuka Pier 5 (Berths 2 and 3) 74,692 74,692
(Inc).
Maine
Military Construction, Navy Kittery Multi-Mission Drydock #1 160,000 160,000
Exten., Ph 1 (Inc).
Military Construction, Navy Nctams Lant Detachment Perimeter Security......... 0 26,100
Center
Nevada
Military Construction, Navy Fallon Range Training Complex, 29,040 29,040
Phase 1.
North Carolina
Military Construction, Navy Camp Lejeune, North II MEF Operations Center 20,000 20,000
Carolina Replacement (Inc).
Military Construction, Navy Cherry Point Fitness Center Replacement 0 51,900
and Training Pool.
Spain
Military Construction, Navy Rota MH-60r Squadron Support 60,110 60,110
Facilities.
Virginia
Military Construction, Navy Norfolk E-2D Training Facility..... 30,400 30,400
Military Construction, Navy Norfolk MH60 & CMV-22B Corrosion 17,671 17,671
Control & Paint Fac.
Military Construction, Navy Norfolk Sub Logistics Support...... 0 9,400
Worldwide Unspecified
Military Construction, Navy Unspecified Worldwide Planning & Design.......... 165,710 160,710
Locations
Military Construction, Navy Unspecified Worldwide Pdi: Planning & Design-- 0 7,500
Locations Indo-Pacific Command
Posture Initiatives.
Military Construction, Navy Unspecified Worldwide Siop Planning & Design..... 0 45,000
Locations
Military Construction, Navy Unspecified Worldwide Unspecified Minor 38,983 38,983
Locations Construction.
........................
Military Construction, Navy TOTAL 1,975,606 2,007,085
......................
California
Military Construction, Air Edwards AFB Flight Test Engineering 0 40,000
Force Laboratory Complex.
Colorado
Military Construction, Air Schriever AFB Consolidated Space 88,000 88,000
Force Operations Facility, Inc 2.
Military Construction, Air U.S. Air Force Academy Cadet Prepatory School 0 0
Force Dormitory.
Florida
Military Construction, Air Eglin Advanced Munitions 0 35,000
Force Technology Complex.
Guam
Military Construction, Air Joint Region Marianas Stand Off Weapons Complex, 56,000 56,000
Force MSA 2.
Illinois
Military Construction, Air Scott Add/Alter Consolidated 0 0
Force Communications Facility.
Mariana Islands
Military Construction, Air Tinian Airfield Development Phase 20,000 39,500
Force 1, Inc 2.
Military Construction, Air Tinian Fuel Tanks With Pipeline & 7,000 0
Force Hydrant Sys, Inc 2.
Military Construction, Air Tinian Parking Apron, Inc 2....... 15,000 21,500
Force
Maryland
Military Construction, Air Joint Base Andrews Consolidated Communications 0 13,000
Force Center.
Montana
Military Construction, Air Malmstrom AFB Weapons Storage & 25,000 0
Force Maintenance Facility, Inc
2.
New Jersey
Military Construction, Air Joint Base McGuire-Dix- Munitions Storage Area..... 22,000 22,000
Force Lakehurst
Qatar
Military Construction, Air Al Udeid, Qatar Cargo Marshalling Yard..... 26,000 26,000
Force
South Dakota
Military Construction, Air Ellsworth AFB B-21 2-Bay LO Restoration 0 10,000
Force Facility.
Texas
Military Construction, Air Joint Base San Antonio BMT Recruit Dormitory 8, 36,000 36,000
Force Inc 2.
Military Construction, Air Joint Base San Antonio T-X ADAL Ground Based Trng 19,500 19,500
Force Sys Sim.
Utah
Military Construction, Air Hill AFB GBSD Mission Integration 68,000 68,000
Force Facility, Inc 2.
Military Construction, Air Hill AFB GBSD Organic Software 0 18,800
Force Sustainment Center.
Virginia
Military Construction, Air Joint Base Langley- Access Control Point Main 19,500 19,500
Force Eustis Gate With Land Acq.
Worldwide Unspecified
Military Construction, Air Unspecified Worldwide Cost to Complete........... 0 0
Force Locations
Military Construction, Air Unspecified Worldwide Planning & Design.......... 296,532 116,532
Force Locations
Military Construction, Air Unspecified Worldwide Pdi: Planning & Design-- 0 7,500
Force Locations Indo-Pacific Command
Posture Initiatives.
Military Construction, Air Unspecified Worldwide Unspecified Minor 68,600 68,600
Force Locations Construction.
Wyoming
Military Construction, Air Fe Warren Weapons Storage Facility... 0 12,000
Force
........................
Military Construction, Air Force TOTAL 767,132 717,432
......................
Alabama
Military Construction, Anniston Army Depot Demilitarization Facility.. 18,000 18,000
Defense-Wide
Military Construction, Fort Rucker Construct 10mw Generation & 0 24,000
Defense-Wide Microgrid.
Alaska
Military Construction, Fort Greely Communications Center...... 48,000 48,000
Defense-Wide
Arizona
Military Construction, Fort Huachuca Laboratory Building........ 33,728 33,728
Defense-Wide
Military Construction, Yuma SOF Hangar................. 49,500 49,500
Defense-Wide
Arkansas
Military Construction, Fort Smith ANG PV Arrays and Battery 0 2,600
Defense-Wide Storage.
California
Military Construction, Beale AFB Bulk Fuel Tank............. 22,800 22,800
Defense-Wide
Military Construction, Marine Corps Air Install 10 Mw Battery 11,646 11,646
Defense-Wide Combat Center / Energy Storage for Various
Twenty Nine Palms Buildings.
Military Construction, Military Ocean Military Ocean Terminal 29,000 29,000
Defense-Wide Terminal Concord Concord Microrid.
Military Construction, NAWS China Lake Solar Energy Storage System 0 0
Defense-Wide
Military Construction, NSA Monterey Cogeneration Plant at B236. 10,540 0
Defense-Wide
Colorado
Military Construction, Fort Carson, Colorado SOF Tactical Equipment 15,600 15,600
Defense-Wide Maintenance Facility.
Conus Unspecified
Military Construction, Conus Unspecified Training Target Structure.. 14,400 14,400
Defense-Wide
District of Columbia
Military Construction, Joint Base Anacostia Dia HQ Cooling Towersand 0 1,963
Defense-Wide Bolling Cond Pumps.
Military Construction, Joint Base Anacostia Industrial Controls System 10,343 10,343
Defense-Wide Bolling Modernization.
Military Construction, Joint Base Anacostia Industrial Controls System 0 8,749
Defense-Wide Bolling Modernization.
Military Construction, Joint Base Anacostia PV Carports................ 0 25,221
Defense-Wide Bolling
Florida
Military Construction, Hurlburt Field SOF Combat Aircraft Parking 38,310 38,310
Defense-Wide Apron-North.
Military Construction, Hurlburt Field SOF Special Tactics Ops 44,810 44,810
Defense-Wide Facility (23 STS).
Georgia
Military Construction, Fort Benning Construct 4.8mw Generation 0 17,000
Defense-Wide & Microgrid.
Germany
Military Construction, Rhine Ordnance Medical Center Replacement 200,000 82,433
Defense-Wide Barracks Inc 9.
Italy
Military Construction, NSA Naples Smart Grid................. 3,490 3,490
Defense-Wide
Japan
Military Construction, Def Fuel Support Point Fuel Wharf................. 49,500 49,500
Defense-Wide Tsurumi
Military Construction, Yokosuka Kinnick High School Inc.... 30,000 0
Defense-Wide
Kentucky
Military Construction, Fort Knox Van Voorhis Elementary 69,310 69,310
Defense-Wide School.
Maryland
Military Construction, Bethesda Naval MEDCEN Addition/Alteration 180,000 50,000
Defense-Wide Hospital Incr 4.
Military Construction, Fort Meade NSAW Recapitalize Building 250,000 250,000
Defense-Wide #3 Inc.
Military Construction, NSA Bethesda Nsab-16 Replace Chillers 3 0 0
Defense-Wide Through 9.
Military Construction, NSA South Potomac CBIRF / IHEODTD / Housing 18,460 18,460
Defense-Wide Potable Water.
Mississippi
Military Construction, Camp Shelby Construct 10 Mw Generation 0 30,000
Defense-Wide & Microgrid System.
Missouri
Military Construction, Fort Leonard Wood Hospital Replacement Inc 3. 40,000 40,000
Defense-Wide
Military Construction, St Louis Next NGA West (N2W) Complex 119,000 60,000
Defense-Wide Phase 2 Inc.
Military Construction, Whiteman AFB Install 10 Mw Combined Heat 17,310 17,310
Defense-Wide and Power Plant.
Nevada
Military Construction, Creech AFB Central Standby Generators. 32,000 32,000
Defense-Wide
New Mexico
Military Construction, Kirtland AFB Administrative Building.... 46,600 46,600
Defense-Wide
North Carolina
Military Construction, Fort Bragg SOF Group Headquarters..... 53,100 53,100
Defense-Wide
Military Construction, Fort Bragg SOF Military Working Dog 17,700 17,700
Defense-Wide Facility.
Military Construction, Fort Bragg SOF Operations Facility.... 43,000 43,000
Defense-Wide
Military Construction, Fort Bragg Sotf Chilled Water Upgrade. 0 6,100
Defense-Wide
Ohio
Military Construction, Wright-Patterson AFB Construct Intelligence 0 35,000
Defense-Wide Facility Central Utility
Plant.
Military Construction, Wright-Patterson AFB Hydrant Fuel System........ 23,500 23,500
Defense-Wide
Tennessee
Military Construction, Memphis ANG PV Arrays and Battery 0 4,780
Defense-Wide Storage.
Texas
Military Construction, Fort Hood, Texas Fuel Facilities............ 32,700 32,700
Defense-Wide
Virginia
Military Construction, Joint Expeditionary SOF Dcs Operations Fac. and 54,500 54,500
Defense-Wide Base Little Creek-- Command Center.
Story
Military Construction, Joint Expeditionary SOF NSWG-2 Nswtg Css 58,000 58,000
Defense-Wide Base Little Creek-- Facilities.
Story
Military Construction, Nmc Portsmouth Retro Air Handling Units 611 611
Defense-Wide From Constant Volume
Reheat to Variable Air
Volume.
Military Construction, Wallops Island Generation and Distribution 9,100 9,100
Defense-Wide Resiliency Improvements.
Washington
Military Construction, Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900
Defense-Wide McChord Main).
Military Construction, Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900
Defense-Wide McChord North).
Military Construction, Manchester Bulk Fuel Storage Tanks 82,000 82,000
Defense-Wide Phase 1.
Worldwide Unspecified
Military Construction, Unspecified Worldwide ERCIP Design............... 14,250 39,790
Defense-Wide Locations
Military Construction, Unspecified Worldwide Exercise Related Minor 5,840 5,840
Defense-Wide Locations Construction.
Military Construction, Unspecified Worldwide Planning & Design--Indo- 0 0
Defense-Wide Locations Pacific Command Posture
Initiatives.
Military Construction, Unspecified Worldwide Planning & Design--Military 0 25,000
Defense-Wide Locations Installation Resiliency.
Military Construction, Unspecified Worldwide Planning and Design........ 27,746 27,746
Defense-Wide Locations
Military Construction, Unspecified Worldwide Planning and Design........ 10,303 10,303
Defense-Wide Locations
Military Construction, Unspecified Worldwide Planning and Design........ 10,647 10,647
Defense-Wide Locations
Military Construction, Unspecified Worldwide Unspecified Minor 4,922 4,922
Defense-Wide Locations Construction.
Military Construction, Unspecified Worldwide Unspecified Minor 20,000 20,000
Defense-Wide Locations Construction.
Military Construction, Unspecified Worldwide Unspecified Minor 3,000 3,000
Defense-Wide Locations Construction.
Military Construction, Unspecified Worldwide Unspecified Minor 17,698 17,698
Defense-Wide Locations Construction.
Military Construction, Unspecified Worldwide Unspecified Minor 8,000 8,000
Defense-Wide Locations Construction.
Military Construction, Various Worldwide Planning and Design........ 64,406 64,406
Defense-Wide Locations
Military Construction, Various Worldwide Planning and Design........ 32,624 32,624
Defense-Wide Locations
Military Construction, Various Worldwide Unspecified Minor 9,726 9,726
Defense-Wide Locations Construction.
........................
Military Construction, Defense-Wide TOTAL 2,027,520 1,886,366
......................
Worldwide Unspecified
NATO Security Investment NATO Security NATO Security Investment 173,030 173,030
Program Investment Program Program.
........................
NATO Security Investment Program TOTAL 173,030 173,030
......................
Arizona
Military Construction, Army Tucson National Guard Readiness 18,100 18,100
National Guard Center.
Arkansas
Military Construction, Army Fort Chaffee National Guard Readiness 0 15,000
National Guard Center.
California
Military Construction, Army Bakersfield National Guard Vehicle 0 9,300
National Guard Maintenance Shop.
Colorado
Military Construction, Army Peterson AFB National Guard Readiness 15,000 15,000
National Guard Center.
Indiana
Military Construction, Army Shelbyville National Guard/Reserve 12,000 12,000
National Guard Center Building Add/Al.
Kentucky
Military Construction, Army Frankfort National Guard/Reserve 15,000 15,000
National Guard Center Building.
Mississippi
Military Construction, Army Brandon National Guard Vehicle 10,400 10,400
National Guard Maintenance Shop.
Nebraska
Military Construction, Army North Platte National Guard Vehicle 9,300 9,300
National Guard Maintenance Shop.
New Jersey
Military Construction, Army Joint Base McGuire-Dix- National Guard Readiness 15,000 15,000
National Guard Lakehurst Center.
Ohio
Military Construction, Army Columbus National Guard Readiness 15,000 15,000
National Guard Center.
Oklahoma
Military Construction, Army Ardmore National Guard Vehicle 0 9,800
National Guard Maintenance Shop.
Oregon
Military Construction, Army Hermiston Enlisted Barracks, 9,300 9,300
National Guard Transient Training.
Military Construction, Army Hermiston Enlisted Barracks, 0 15,735
National Guard Transient Training.
Puerto Rico
Military Construction, Army Fort Allen National Guard Readiness 37,000 37,000
National Guard Center.
South Carolina
Military Construction, Army Joint Base Charleston National Guard Readiness 15,000 15,000
National Guard Center.
Tennessee
Military Construction, Army Mcminnville National Guard Readiness 11,200 11,200
National Guard Center.
Texas
Military Construction, Army Fort Worth Aircraft Maintenance Hangar 6,000 6,000
National Guard Addition/Alt.
Military Construction, Army Fort Worth National Guard Vehicle 7,800 7,800
National Guard Maintenance Shop.
Utah
Military Construction, Army Nephi National Guard Readiness 12,000 12,000
National Guard Center.
Virgin Islands
Military Construction, Army St. Croix Army Aviation Support 28,000 28,000
National Guard Facility (Aasf).
Military Construction, Army St. Croix CST Ready Building......... 11,400 11,400
National Guard
Wisconsin
Military Construction, Army Appleton National Guard Readiness 11,600 11,600
National Guard Center Add/Alt.
Worldwide Unspecified
Military Construction, Army Unspecified Worldwide Planning and Design........ 29,593 29,593
National Guard Locations
Military Construction, Army Unspecified Worldwide Unspecified Minor 32,744 32,744
National Guard Locations Construction.
........................
Military Construction, Army National Guard TOTAL 321,437 371,272
......................
Florida
Military Construction, Army Gainesville ECS TEMF/Warehouse......... 36,000 36,000
Reserve
Massachusetts
Military Construction, Army Devens Reserve Forces Automated Multipurpose 8,700 8,700
Reserve Training Area Machine Gun Range.
North Carolina
Military Construction, Army Asheville Army Reserve Center/Land... 24,000 24,000
Reserve
Wisconsin
Military Construction, Army Fort McCoy Scout Reconnaissance Range. 14,600 14,600
Reserve
Military Construction, Army Fort McCoy Transient Trainee Barracks. 0 2,500
Reserve
Worldwide Unspecified
Military Construction, Army Unspecified Worldwide Planning and Design........ 1,218 1,218
Reserve Locations
Military Construction, Army Unspecified Worldwide Unspecified Minor 3,819 3,819
Reserve Locations Construction.
........................
Military Construction, Army Reserve TOTAL 88,337 90,837
......................
Maryland
Military Construction, Reisterstown Reserve Training Center, 39,500 39,500
Naval Reserve Camp Fretterd, MD.
Minnesota
Military Construction, Minneapolis Joint Reserve Intel Center. 0 12,800
Naval Reserve
Utah
Military Construction, Hill AFB Naval Operational Support 25,010 25,010
Naval Reserve Center.
Worldwide Unspecified
Military Construction, Unspecified Worldwide MCNR Minor Construction.... 3,000 3,000
Naval Reserve Locations
Military Construction, Unspecified Worldwide MCNR Planning & Design..... 3,485 3,485
Naval Reserve Locations
........................
Military Construction, Naval Reserve TOTAL 70,995 83,795
......................
Alabama
Military Construction, Air Montgomery Regional Base Supply Complex........ 0 12,000
National Guard Airport (ANG) Base
Military Construction, Air Montgomery Regional F-35 Simulator Facility.... 11,600 11,600
National Guard Airport (ANG) Base
Guam
Military Construction, Air Joint Region Marianas Space Control Facility #5.. 20,000 20,000
National Guard
Maryland
Military Construction, Air Joint Base Andrews F-16 Mission Training 9,400 9,400
National Guard Center.
South Dakota
Military Construction, Air Hector International Consolidated RPA Operations 0 17,500
National Guard Airport Facility.
Texas
Military Construction, Air Joint Base San Antonio F-16 Mission Training 10,800 10,800
National Guard Center.
Worldwide Unspecified
Military Construction, Air Unspecified Worldwide Unspecified Minor 9,000 9,000
National Guard Locations Construction.
Military Construction, Air Various Worldwide Planning and Design........ 3,414 3,414
National Guard Locations
........................
Military Construction, Air National Guard TOTAL 64,214 93,714
......................
Texas
Military Construction, Air Fort Worth F-35 Squadron Ops/Aircraft 0 25,000
Force Reserve Maintenance Unit.
Military Construction, Air Fort Worth F-35A Simulator Facility... 14,200 14,200
Force Reserve
Worldwide Unspecified
Military Construction, Air Unspecified Worldwide Planning & Design.......... 3,270 3,270
Force Reserve Locations
Military Construction, Air Unspecified Worldwide Unspecified Minor 5,647 5,647
Force Reserve Locations Construction.
........................
Military Construction, Air Force Reserve TOTAL 23,117 48,117
......................
Italy
Family Housing Vicenza Family Housing New 84,100 84,100
Construction, Army Construction.
Kwajalein
Family Housing Kwajalein Atoll Family Housing Replacement 32,000 32,000
Construction, Army Construction.
Worldwide Unspecified
Family Housing Unspecified Worldwide Family Housing P & D....... 3,300 3,300
Construction, Army Locations
........................
Family Housing Construction, Army TOTAL 119,400 119,400
......................
Worldwide Unspecified
Family Housing Operation Unspecified Worldwide Furnishings................ 18,004 18,004
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Housing Privitization 37,948 63,948
And Maintenance, Army Locations Support.
Family Housing Operation Unspecified Worldwide Leasing.................... 123,841 123,841
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Maintenance................ 97,789 97,789
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Management................. 39,716 39,716
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Miscellaneous.............. 526 526
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Services................... 8,135 8,135
And Maintenance, Army Locations
Family Housing Operation Unspecified Worldwide Utilities.................. 41,183 41,183
And Maintenance, Army Locations
........................
Family Housing Operation And Maintenance, Army TOTAL 367,142 393,142
......................
Worldwide Unspecified
Family Housing Unspecified Worldwide Construction Improvements.. 37,043 37,043
Construction, Navy And Locations
Marine Corps
Family Housing Unspecified Worldwide Planning & Design.......... 3,128 3,128
Construction, Navy And Locations
Marine Corps
Family Housing Unspecified Worldwide USMC DPRI/Guam Planning and 2,726 2,726
Construction, Navy And Locations Design.
Marine Corps
........................
Family Housing Construction, Navy And Marine Corps TOTAL 42,897 42,897
......................
Worldwide Unspecified
Family Housing Operation Unspecified Worldwide Furnishings................ 17,977 17,977
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Housing Privatization 53,700 78,700
And Maintenance, Navy And Locations Support.
Marine Corps
Family Housing Operation Unspecified Worldwide Leasing.................... 62,658 62,658
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Maintenance................ 85,630 85,630
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Management................. 51,006 51,006
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Miscellaneous.............. 350 350
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Services................... 16,743 16,743
And Maintenance, Navy And Locations
Marine Corps
Family Housing Operation Unspecified Worldwide Utilities.................. 58,429 58,429
And Maintenance, Navy And Locations
Marine Corps
........................
Family Housing Operation And Maintenance, Navy And Marine Corps TOTAL 346,493 371,493
......................
Worldwide Unspecified
Family Housing Unspecified Worldwide Construction Improvements.. 94,245 94,245
Construction, Air Force Locations
Family Housing Unspecified Worldwide Planning & Design.......... 2,969 2,969
Construction, Air Force Locations
........................
Family Housing Construction, Air Force TOTAL 97,214 97,214
......................
Worldwide Unspecified
Family Housing Operation Unspecified Worldwide Furnishings................ 25,805 25,805
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Housing Privatization...... 23,175 32,175
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Leasing.................... 9,318 9,318
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Maintenance................ 140,666 140,666
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Management................. 64,732 64,732
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Miscellaneous.............. 2,184 2,184
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Services................... 7,968 7,968
And Maintenance, Air Force Locations
Family Housing Operation Unspecified Worldwide Utilities.................. 43,173 43,173
And Maintenance, Air Force Locations
........................
Family Housing Operation And Maintenance, Air Force TOTAL 317,021 326,021
......................
Worldwide Unspecified
Family Housing Operation Unspecified Worldwide Furnishings................ 645 645
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Furnishings................ 82 82
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Leasing.................... 36,860 36,860
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Leasing.................... 12,996 12,996
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Maintenance................ 32 32
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Utilities.................. 13 13
And Maintenance, Defense- Locations
Wide
Family Housing Operation Unspecified Worldwide Utilities.................. 4,100 4,100
And Maintenance, Defense- Locations
Wide
........................
Family Housing Operation And Maintenance, Defense-Wide TOTAL 54,728 54,728
......................
Worldwide Unspecified
DOD Family Housing Unspecified Worldwide Administrative Expenses-- 5,897 5,897
Improvement Fund Locations FHIF.
........................
DOD Family Housing Improvement Fund TOTAL 5,897 5,897
......................
Worldwide Unspecified
Unaccompanied Housing Unspecified Worldwide Administrative Expenses-- 600 600
Improvement Fund Locations UHIF.
........................
Unaccompanied Housing Improvement Fund TOTAL 600 600
......................
Worldwide Unspecified
Base Realignment and Base Realignment & Base Realignment and 66,060 66,060
Closure--Army Closure, Army Closure.
Base Realignment and Unspecified Worldwide Base Realignment & Closure. 125,165 125,165
Closure--Navy Locations
Base Realignment and Unspecified Worldwide Dod BRAC Activities--Air 109,222 109,222
Closure--Air Force Locations Force.
........................
Base Realignment and Closure TOTAL 300,447 300,447
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SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified
Army Unspecified Worldwide Locations EDI: Minor Construction... 3,970 3,970
Army Unspecified Worldwide Locations EDI: Planning and Design.. 11,903 11,903
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 Locations Planning & Design......... 10,790 10,790
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 68,000 68,000
Storage 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 Locations EDI: Unspecified Minor 16,400 16,400
Military Construction.
AF Various Worldwide Locations EDI: Planning & Design.... 54,800 54,800
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. 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 Conference
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 15,550,428
Defense nuclear nonproliferation.. 2,031,000 2,041,000
Naval reactors.................... 1,684,000 1,684,000
Federal salaries and expenses..... 454,000 454,000
Total, National nuclear security 19,771,000 19,729,428
administration.....................
Environmental and other defense
activities:
Defense environmental cleanup..... 4,983,608 5,815,767
Other defense activities.......... 1,054,727 901,048
Total, Environmental & other defense 6,038,335 6,716,815
activities.........................
Total, Atomic Energy Defense 25,809,335 26,446,243
Activities...........................
Total, Discretionary Funding.............. 25,947,135 26,584,043
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
W76-2 Modification program.......... 0 0
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 226,000 226,000
Production 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 241,896 241,896
Plutonium 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 1,436,647 1,436,647
Modernization........................
Secondary Capability Modernization.... 457,004 457,004
Tritium and Domestic Uranium 457,112 457,112
Enrichment...........................
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, 2,782,131 2,782,131
and 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.. 792,000 755,428
Recapitalization:
Infrastructure and safety........... 670,000 670,000
Capability based investments........ 149,117 149,117
Planning for Programmatic 84,787 84,787
Construction (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 109,405 109,405
Facility, 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 27,000 27,000
Center, LLNL.......................
15-D-611 Emergency Operations 36,000 36,000
Center, SNL........................
15-D-302, TA-55 Reinvestments 30,000 30,000
Project, 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 750,000 750,000
Y-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 4,347,005
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............ 815,895 800,895
Construction:
17-D-710 West end protected area 11,000 11,000
reduction project, Y-12............
Total, Defense nuclear security......... 826,895 800,895
Information technology and cybersecurity 375,511 375,511
Legacy contractor pensions.............. 101,668 101,668
Total, Weapons Activities................. 15,602,000 15,550,428
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.............. 170,000 110,000
Nuclear material removal............ 40,000 40,000
Material disposition................ 190,711 190,711
Total, Material management & 400,711 340,711
minimization.........................
Nonproliferation and arms control..... 138,708 138,708
National Technical Nuclear Forensics 40,000 40,000
R&D..................................
Defense nuclear nonproliferation R&D
Proliferation Detection............. 235,220 255,220
Nuclear verification and [20,000]
detection, 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 [20,000]
Water Reactors...................
Total, Defense nuclear 531,651 571,651
nonproliferation R&D.................
Nonproliferation Construction:
18-D-150 Surplus Plutonium 148,589 148,589
Disposition Project, SRS...........
Total, Nonproliferation construction.. 148,589 148,589
Total, Defense Nuclear Nonproliferation 1,660,139 1,670,139
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 2,041,000
Naval Reactors
Naval reactors development.............. 590,306 590,306
Columbia-Class reactor systems 64,700 64,700
development............................
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................. [180,000]
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 597,757 775,000
and disposition......................
Tank farm activities.................. 0
Construction:
18-D-16 Waste treatment and 609,924 776,000
immobilization plant--LBL/Direct
feed LAW...........................
Program restoration............... [166,076]
01-D-16 D High-Level Waste Facility
Total, Construction................... 609,924 776,000
Total, Office of River Protection....... 1,257,681 1,601,000
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
Separations Process Research Unit... 15,000 15,000
Nevada.............................. 60,737 60,737
Sandia National Laboratories........ 4,860 4,860
Los Alamos National Laboratory...... 120,000 220,000
Execute achievable scope of work.. [100,000]
Total, NNSA sites and Nevada off-sites.. 202,361 302,361
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 145,880 145,880
disposition..........................
OR community & regulatory support..... 4,930 4,930
OR technology development and 3,000 3,000
deployment...........................
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 970,332 964,072
stabilization and disposition........
Construction:
20-D-402 Advanced Manufacturing 25,000 25,000
Collaborative Facility (AMC).....
18-D-402 Saltstone Disposal Unit 65,500 65,500
#8/9.............................
17-D-402 Saltstone Disposal Unit 10,716 10,716
#7...............................
Total, Construction................. 101,216 101,216
Total, Savannah River site.............. 1,531,659 1,571,899
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 5,815,767
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 134,320 134,320
security.............................
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 81,584 81,584
assessments............................
Specialized security activities......... 258,411 258,411
Office of Legacy Management
Legacy management..................... 293,873 140,194
Rejection of proposed transfer...... [-153,679]
Program direction..................... 23,120 23,120
Total, Office of Legacy Management...... 316,993 163,314
Defense related administrative support.. 183,789 183,789
Office of hearings and appeals.......... 4,262 4,262
Subtotal, Other defense activities........ 1,054,727 901,048
Total, Other Defense Activities........... 1,054,727 901,048
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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. 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) Community college.--The term ``community college'' means a
public institution of higher education at which the highest degree
that is predominantly awarded to students is an associate's degree,
including 2-year Tribal Colleges or Universities under section 316
of the Higher Education Act of 1965 (20 U.S.C. 1059c) and public 2-
year State institutions of higher education.
(5) Initiative.--The term ``Initiative'' means the National
Artificial Intelligence Initiative established under section
5101(a).
(6) Initiative office.--The term ``Initiative Office'' means
the National Artificial Intelligence Initiative Office established
under section 5102(a).
(7) Institute.--The term ``Institute'' means an Artificial
Intelligence Research Institute described in section 5201(b)(2).
(8) Institution of higher education.--The term ``institution of
higher education'' has the meaning given the term in section 101
and section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1001).
(9) Interagency committee.--The term ``Interagency Committee''
means the interagency committee established under section 5103(a).
(10) K-12 education.--The term ``K-12 education'' means
elementary school and secondary school education provided by local
educational agencies, as such agencies are defined in section 8101
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(11) 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 LI--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. National AI Research Resource Task Force.
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) prepare the present and future United States workforce for
the integration of artificial intelligence systems across all
sectors of the economy and society; and
(4) coordinate ongoing artificial intelligence research,
development, and demonstration activities among the civilian
agencies, the Department of Defense and the Intelligence Community
to ensure that each informs the work of the others.
(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 and consistent support for artificial
intelligence research and development through grants, cooperative
agreements, testbeds, and access to data and computing resources.
(2) Support for K-12 education and postsecondary educational
programs, including workforce training and career and technical
education programs, and informal education programs to prepare the
American workforce and the general public to be able to create,
use, and interact with artificial intelligence systems.
(3) Support for interdisciplinary research, education, and
workforce 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, health, psychology, behavioral science, ethics,
security, legal scholarship, and other disciplines that will be
necessary to advance artificial intelligence research and
development responsibly.
(4) Interagency planning and coordination of Federal artificial
intelligence research, development, demonstration, standards
engagement, and other activities under the Initiative, as
appropriate.
(5) Outreach to diverse stakeholders, including citizen groups,
industry, and civil rights and disability rights organizations, to
ensure public input is taken into account in the activities of the
Initiative.
(6) Leveraging existing Federal investments to advance
objectives of the Initiative.
(7) Support for a network of interdisciplinary artificial
intelligence research institutes, as described in section
5201(b)(7)(B).
(8) Support opportunities for international cooperation with
strategic allies, as appropriate, on the research and development,
assessment, and resources for trustworthy artificial intelligence
systems.
(c) Limitation.--The Initiative shall not impact sources and
methods, as determined by the Director of National Intelligence.
(d) Rules of Construction.--Nothing in this division shall be
construed as--
(1) modifying any authority or responsibility, including any
operational authority or responsibility of any head of a Federal
department or agency, with respect to intelligence or the
intelligence community, as those terms are defined in 50 U.S.C.
3003;
(2) authorizing the Initiative, or anyone associated with its
derivative efforts to approve, interfere with, direct or to conduct
an intelligence activity, resource, or operation; or
(3) authorizing the Initiative, or anyone associated with its
derivative efforts to modify the classification of intelligence
information.
(e) Sunset.--The Initiative established in this division shall
terminate on the date that is 10 years after the date of enactment of
this Act.
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), as appropriate.
(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 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 civil rights and disability rights organizations; and
(4) promote access to the technologies, innovations, best
practices, and expertise derived from Initiative activities to
agency missions and systems across the Federal Government.
(c) Funding Estimate.--The Director of the Office of Science and
Technology Policy, in coordination with each participating Federal
department and agency, as appropriate, shall develop and annually
update an estimate of the funds necessary to carry out the activities
of the Initiative Coordination Office and submit such estimate with an
agreed summary of contributions from each agency to Congress as part of
the President's annual budget request to Congress.
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 Department of
Commerce, 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 Federal agencies as considered appropriate by
determination and agreement of the Director of the Office of Science
and Technology Policy and the head of the affected agency.
(d) Responsibilities.--The Interagency Committee shall--
(1) provide for interagency coordination of Federal artificial
intelligence research, development, and demonstration activities
and education and workforce 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 establishes goals,
priorities, and metrics for guiding and evaluating how the agencies
carrying out the Initiative will--
(A) determine and prioritize areas of artificial
intelligence research, development, and demonstration requiring
Federal Government leadership and investment;
(B) support long-term funding for interdisciplinary
artificial intelligence research, development, demonstration,
and education;
(C) support research and other activities on ethical,
legal, environmental, safety, security, bias, and other
appropriate societal issues related to artificial intelligence;
(D) provide or facilitate the availability of curated,
standardized, secure, representative, aggregate, and privacy-
protected data sets for artificial intelligence research and
development;
(E) provide or facilitate the necessary computing,
networking, and data facilities for artificial intelligence
research and development;
(F) support and coordinate Federal education and workforce
training activities related to artificial intelligence; and
(G) support and coordinate the network of artificial
intelligence research institutes described in section
5201(b)(7)(B);
(3) as part of the President's annual budget request to
Congress, 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,
the Committee on Energy and Commerce, the Committee on Transportation
and Infrastructure, the Committee on Armed Services, the House
Permanent Select Committee on Intelligence, the Committee on the
Judiciary, and the Committee on Appropriations of the House of
Representatives and the Committee on Commerce, Science, and
Transportation, the Committee on Health, Education, Labor, and
Pensions, the Committee on Energy and Natural Resources, the Committee
on Homeland Security and Governmental Affairs, the Committee on Armed
Services, the Senate Select Committee on Intelligence, the Committee on
the Judiciary, and the Committee on Appropriations of the Senate a
report that includes a summarized budget in support of the Initiative
for such fiscal year and the preceding fiscal year, including a
disaggregation of spending and a description of any Institutes
established under section 5201 for the Department of Commerce, the
Department of Defense, the Department of Energy, the Department of
Agriculture, the Department of Health and Human Services, and the
National Science Foundation.
SEC. 5104. NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY COMMITTEE.
(a) In General.--The Secretary of Commerce shall, in consultation
with the Director of the Office of Science and Technology Policy, the
Secretary of Defense, the Secretary of Energy, the Secretary of State,
the Attorney General, and the Director of National Intelligence
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 Commerce, who are representing
broad and interdisciplinary expertise and perspectives, including from
academic institutions, companies across diverse sectors, nonprofit and
civil society entities, including civil rights and disability rights
organizations, and Federal laboratories, who are representing
geographic diversity, and who 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 Commerce shall seek and give
consideration to recommendations from Congress, industry, nonprofit
organizations, the scientific community (including the National
Academies of Sciences, Engineering, and Medicine, scientific
professional societies, and academic institutions), the defense and law
enforcement communities, 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 according to the metrics established by the Interagency
Committee under section 5103(d)(2);
(3) the state of the science around artificial intelligence,
including progress toward artificial general intelligence;
(4) issues related to artificial intelligence and the United
States workforce, including matters relating to the potential for
using artificial intelligence for workforce training, the possible
consequences of technological displacement, and supporting
workforce training opportunities for occupations that lead to
economic self-sufficiency for individuals with barriers to
employment and historically underrepresented populations, including
minorities, Indians (as defined in 25 U.S.C. 5304), low-income
populations, and persons with disabilities.
(5) how to leverage the resources of the initiative to
streamline and enhance 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, standards
development, and the compatibility of international regulations;
(12) accountability and legal rights, including matters
relating to oversight of artificial intelligence systems using
regulatory and nonregulatory approaches, the responsibility for any
violations of existing laws by an artificial intelligence system,
and ways to balance advancing innovation while protecting
individual rights; and
(13) how artificial intelligence can enhance opportunities for
diverse geographic regions of the United States, including urban,
Tribal, and rural communities.
(e) Subcommittee on Artificial Intelligence and Law Enforcement.--
(1) Establishment.--The chairperson of the Advisory Committee
shall establish a subcommittee on matters relating to the
development of artificial intelligence relating to law enforcement
matters.
(2) Advice.--The subcommittee shall provide advice to the
President on matters relating to the development of artificial
intelligence relating to law enforcement, including advice on the
following:
(A) Bias, including whether the use of facial recognition
by government authorities, including law enforcement agencies,
is taking into account ethical considerations and addressing
whether such use should be subject to additional oversight,
controls, and limitations.
(B) Security of data, including law enforcement's access to
data and the security parameters for that data.
(C) Adoptability, including methods to allow the United
States Government and industry to take advantage of artificial
intelligence systems for security or law enforcement purposes
while at the same time ensuring the potential abuse of such
technologies is sufficiently mitigated.
(D) Legal standards, including those designed to ensure the
use of artificial intelligence systems are consistent with the
privacy rights, civil rights and civil liberties, and
disability rights issues raised by the use of these
technologies.
(f) 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, the Committee on Energy
and Commerce, the House Permanent Select Committee on Intelligence, the
Committee on the Judiciary, and the Committee on Armed Services of the
House of Representatives, and the Committee on Commerce, Science, and
Transportation, the Senate Select Committee on Intelligence, the
Committee on Homeland Security and Governmental Affairs, the Committee
on the Judiciary, and the Committee on Armed Services of the Senate, a
report on the Advisory Committee's findings and recommendations under
subsection (d) and subsection (e).
(g) 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.
(h) Faca Exemption.--The Secretary of Commerce 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) research gaps and data needed to better understand and
track paragraphs (1) and (2); and
(4) recommendations to address the challenges and opportunities
described in paragraphs (1), (2), and (3).
(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
and the Committee on Education and Labor of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Health, Education, Pension, and
Labor 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. 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; 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.--
(i) Except as provided in clause (ii), non-Federal
Members of the Task Force shall not receive compensation
for their participation on the Task Force.
(ii) 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 recommended 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 a recommendation for a framework for the
management of access controls.
(G) An assessment of privacy and civil rights and civil
liberties requirements associated with the National Artificial
Intelligence Research Resource and its research.
(H) A plan for sustaining the Resource, including through
Federal funding and partnerships with the private sector.
(I) Parameters for the establishment and sustainment of the
National Artificial Intelligence Research 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 Director of National Intelligence.
(6) The Department of Energy.
(7) The Department of Defense.
(8) The General Services Administration.
(9) The Department of Justice.
(10) The Department of Homeland Security.
(11) The Department of Health and Human Services.
(12) Private industry.
(13) Institutions of higher education.
(14) Civil and disabilities rights organizations.
(15) 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.
(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.--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.
TITLE LII--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES
Sec. 5201. National Artificial Intelligence Research Institutes.
SEC. 5201. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES.
(a) In General.--Subject to the availability of funds appropriated
for this purpose, the Director of the National Science Foundation shall
establish a program to award financial assistance for the planning,
establishment, and support of a network 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.--Subject to the availability of funds
appropriated for this purpose, 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,
institutions of higher education, including community colleges,
nonprofit research organizations, Federal laboratories, State,
local, and Tribal governments, industry, including startup
companies, and civil society organizations, including civil
rights and disability rights organizations (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 of higher education and
organizations;
(E) supports interdisciplinary education activities,
including curriculum development, research experiences, and
faculty professional development across undergraduate,
graduate, and professional academic programs; and
(F) supports workforce development in artificial
intelligence related disciplines in the United States,
including increasing participation of historically
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 subsections (c), (e), and (f) of section 22A the
National Institute of Standards and Technology Act (as added by
section 5301 of this division);
(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 the
artificial intelligence 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 person 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.
(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 and unnecessarily 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.
(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.
(8) Limitation.--No funds authorized in this title shall be
awarded to Institutes outside of the United States. All awardees
and subawardees for such Institute shall be based in the United
States, in addition to any other eligibility criteria as
established by each agency head.
TITLE LIII--DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE ACTIVITIES
Sec. 5301. National institute of standards and technology activities.
Sec. 5302. Stakeholder outreach.
Sec. 5303. National oceanic and atmospheric administration artificial
intelligence center.
SEC. 5301. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIVITIES.
The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended by inserting after section 22 the following:
``SEC. 22A. STANDARDS FOR ARTIFICIAL INTELLIGENCE.
``(a) Mission.--The Institute shall--
``(1) advance collaborative frameworks, standards, guidelines,
and associated methods and techniques for artificial intelligence;
``(2) support the development of a risk-mitigation framework
for deploying artificial intelligence systems;
``(3) support the development of technical standards and
guidelines that promote trustworthy artificial intelligence
systems; and
``(4) support the development of technical standards and
guidelines by which to test for bias in artificial intelligence
training data and applications.
``(b) Supporting Activities.--The Director of the National
Institute of Standards and Technology may--
``(1) support measurement research and development of best
practices and voluntary standards for trustworthy artificial
intelligence systems, which may include--
``(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, high-
value, secure, aggregate, and privacy protected data sets for
artificial intelligence research, development, and use;
``(3) support one or more institutes as described in section
5201(b) of the National Artificial Intelligence Initiative Act of
2020 for the purpose of advancing measurement science, voluntary
consensus standards, and guidelines for trustworthy artificial
intelligence systems;
``(4) support and strategically engage in the development of
voluntary consensus standards, including international standards,
through open, transparent, and consensus-based processes; and
``(5) 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.
``(c) 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
trustworthy artificial intelligence systems. The framework shall--
``(1) identify and provide standards, guidelines, best
practices, methodologies, procedures and processes for--
``(A) developing trustworthy artificial intelligence
systems;
``(B) assessing the trustworthiness of artificial
intelligence systems; and
``(C) mitigating risks from artificial intelligence
systems;
``(2) establish common definitions and characterizations for
aspects 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 case studies of framework implementation;
``(4) align with international standards, as appropriate;
``(5) incorporate voluntary consensus standards and industry
best practices; and
``(6) not prescribe or otherwise require the use of specific
information or communications technology products or services.
``(d) Participation in Standard Setting Organizations.--
``(1) Requirement.--The Institute shall participate in the
development of standards and specifications for artificial
intelligence.
``(2) Purpose.--The purpose of this participation shall be to
ensure--
``(A) that standards promote artificial intelligence
systems that are trustworthy; and
``(B) that standards relating to artificial intelligence
reflect the state of technology and are fit-for-purpose and
developed in transparent and consensus-based processes that are
open to all stakeholders.
``(e) Data Sharing 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 options for partnership models between
government entities, industry, universities, and nonprofits that
incentivize each party to share the data they collected.
``(f) Best Practices for Documentation of Data Sets.--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 best practices for datasets used to train
artificial intelligence systems, including--
``(1) standards for metadata that describe the properties of
datasets, including--
``(A) the origins of the data;
``(B) the intent behind the creation of the data;
``(C) authorized uses of the data;
``(D) descriptive characteristics of the data, including
what populations are included and excluded from the datasets;
and
``(E) any other properties as determined by the Director;
and
``(2) standards for privacy and security of datasets with human
characteristics.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the National Institute of Standards and Technology to
carry out this section--
``(1) $64,000,000 for fiscal year 2021;
``(2) $70,400,000 for fiscal year 2022;
``(3) $77,440,000 for fiscal year 2023;
``(4) $85,180,000 for fiscal year 2024; and
``(5) $93,700,000 for fiscal year 2025.''.
SEC. 5302. STAKEHOLDER OUTREACH.
In carrying out the activities under section 22A of the National
Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) as
amended by title III of this Act, the Director shall--
(1) solicit input from university researchers, private sector
experts, relevant Federal agencies, Federal laboratories, State,
Tribal, 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.
SEC. 5303. 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 related to artificial intelligence across the National
Oceanic and Atmospheric Administration; and
(2) expand external partnerships, and build workforce
proficiency to effectively transition artificial intelligence
research and applications to operations.
(c) Comprehensive Program.--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.
(d) Center Priorities.--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.
(e) 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 data and methods made available
through the Center.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section $10,000,000
for fiscal year 2021.
(g) Protection of National Security Interests.--
(1) In general.--Notwithstanding any other provision of this
section, the Administrator, in consultation with the Secretary of
Defense as appropriate, may withhold models or data used by the
Center if the Administrator determines doing so to be necessary to
protect the national security interests of the United States.
(2) Rule of construction.--Nothing in this section shall be
construed to supersede any other provision of law governing the
protection of the national security interests of the United States.
TITLE LIV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE
ACTIVITIES
Sec. 5401. Artificial intelligence research and education.
SEC. 5401. ARTIFICIAL INTELLIGENCE RESEARCH AND EDUCATION.
(a) In General.--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, including fields
and research areas that will contribute to the development and
deployment of trustworthy artificial intelligence systems, and
fields and research areas that address the application of
artificial intelligence systems to scientific discovery and
societal challenges;
(2) 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 topics related to
artificial intelligence systems in K-12 education and
postsecondary educational programs, including workforce
training and career and technical education programs,
undergraduate and graduate education programs, and in informal
settings; 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, 1885b);
(3) support partnerships among institutions of higher
education, Federal laboratories, nonprofit organizations, State,
local, and Tribal governments, industry, and potential users of
artificial intelligence systems that facilitate collaborative
research, personnel exchanges, and workforce development and
identify emerging research needs with respect to artificial
intelligence systems;
(4) ensure adequate access to research and education
infrastructure with respect to artificial intelligence systems,
which may include the development of new computing resources and
partnership with the private sector for the provision of cloud-
based computing services;
(5) conduct prize competitions, as appropriate, pursuant to
section 24 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3719);
(6) coordinate research efforts funded through existing
programs across the directorates of the National Science
Foundation;
(7) provide guidance on data sharing by grantees to public and
private sector organizations consistent with the standards and
guidelines developed under section 22A(e) of the National Institute
of Standards and Technology Act (as added by section 5301 of this
division); and
(8) evaluate opportunities for international collaboration with
strategic allies on artificial intelligence research and
development.
(c) Engineering Support.--In general, the Director shall permit
applicants to include in their proposed budgets funding for software
engineering support to assist with the proposed research.
(d) Ethics.--
(1) Sense of congress.--It is the sense of Congress that--
(A) a number of emerging areas of research, including
artificial intelligence, have potential ethical, social,
safety, and security risks that might be apparent as early as
the basic research stage;
(B) 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;
(C) the National Science Foundation's agreement with the
National Academies of Sciences, Engineering, and Medicine to
conduct a study and make recommendations with respect to
governance of research in computing and computing technologies
is a positive step toward accomplishing this goal; and
(D) 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.
(2) Report on ethics statements.--No later than 6 months after
publication of the study described in paragraph (1)(C), the
Director shall report to Congress on options for requiring an
ethics or risk statement as part of all or a subset of applications
for research funding to the National Science Foundation.
(e) Education.--
(1) In general.--The Director of the National Science
Foundation shall award grants for artificial intelligence education
research, development and related activities to support K-12 and
postsecondary education programs and activities, including
workforce training and career and technical education programs and
activities, undergraduate, graduate, and postdoctoral education,
and informal education programs and activities that--
(A) support the development of a diverse workforce pipeline
for science and technology with respect to artificial
intelligence systems;
(B) increase awareness of potential ethical, social,
safety, and security risks of artificial intelligence systems;
(C) promote curriculum development for teaching topics
related to artificial intelligence, including in the field of
technology ethics;
(D) support efforts to achieve equitable access to K-12
artificial intelligence education in diverse geographic areas
and for populations historically underrepresented in science,
engineering, and artificial intelligence fields; and
(E) 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) Artificial intelligence faculty fellowships.--
(A) Faculty recruitment fellowships.--
(i) In general.--The Director of the National Science
Foundation shall establish a program to award grants to
eligible 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 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 three years.
(iii) Eligible institutions of higher education.--For
purposes of this subparagraph, an eligible institution of
higher education is--
(I) a Historically Black College and University
(within the meaning of the term ``part B institution''
under section 322 of the Higher Education Act of 1965),
Tribal College or University, or other minority-serving
institution, as defined in section 371(a) of the Higher
Education Act of 1965;
(II) an institution classified under the Carnegie
Classification of Institutions of Higher Education as a
doctorate-granting university with a high level of
research activity; or
(III) an institution located in a State
jurisdiction eligible to participate in the National
Science Foundation's Established Program to Stimulate
Competitive Research.
(B) 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.
(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; 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, expenses to
support coursework or equivalent training in artificial
intelligence systems, and additional such expenses that the
Director deems appropriate.
(C) 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''.
(3) 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.
(f) National Science Foundation Pilot Program of Grants for
Research in Rapidly Evolving, High Priority Topics.--
(1) Pilot program required.--The Director of the National
Science Foundation shall establish a pilot program to assess the
feasibility and advisability of awarding grants for the conduct of
research in rapidly evolving, high priority topics using funding
mechanisms that require brief project descriptions and internal
merit review, and that may include accelerated external review.
(2) Duration.--
(A) In general.--The Director shall carry out the pilot
program required by paragraph (1) during the 5-year period
beginning on the date of the enactment of this Act.
(B) Assessment and continuation authority.--After the
period set forth in paragraph (2)(A)--
(i) the Director shall assess the pilot program; and
(ii) if the Director determines that it is both
feasible and advisable to do so, the Director may continue
the pilot program.
(3) Grants.--In carrying out the pilot program, the Director
shall award grants for the conduct of research in topics selected
by the Director in accordance with paragraph (4).
(4) Topic selection.--The Director shall select topics for
research under the pilot program in accordance with the following:
(A) The Director shall select artificial intelligence as
the initial topic for the pilot program.
(B) The Director may select additional topics that the
Director determines are--
(i) rapidly evolving; and
(ii) of high importance to the economy and security of
the United States.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation to carry out this
section--
(1) $868,000,000 for fiscal year 2021;
(2) $911,400,000 for fiscal year 2022;
(3) $956,970,000 for fiscal year 2023;
(4) $1,004,820,000 for fiscal year 2024; and
(5) $1,055,060,000 for fiscal year 2025.
TITLE LV--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
Sec. 5501. 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) Report on Ethics Statements.--Not later than 6 months after
publication of the study described in section 5401(d)(1)(C), the
Secretary shall report to Congress on options for requiring an ethics
or risk statement as part of all or a subset of applications for
research activities funded by the Department of Energy and performed at
Department of Energy national laboratories and user facilities.
(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 22A(c) of the National Institute of
Standards and Technology Act (as added by section 5301 of this
division).
(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
22A(e) of the National Institute of Standards and Technology Act (as
added by section 5301 of this division). 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
subparagraphs (A) through (F).
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Department to carry out this section--
(1) $200,000,000 for fiscal year 2021;
(2) $214,000,000 for fiscal year 2022;
(3) $228,980,000 for fiscal year 2023;
(4) $245,000,000 for fiscal year 2024; and
(5) $262,160,000 for fiscal year 2025.
DIVISION F--ANTI-MONEY LAUNDERING
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Anti-Money Laundering Act of
2020''.
SEC. 6002. PURPOSES.
The purposes of this division are--
(1) to improve coordination and information sharing among the
agencies tasked with administering anti-money laundering and
countering the financing of terrorism requirements, the agencies
that examine financial institutions for compliance with those
requirements, Federal law enforcement agencies, national security
agencies, the intelligence community, and financial institutions;
(2) to modernize anti-money laundering and countering the
financing of terrorism laws to adapt the government and private
sector response to new and emerging threats;
(3) to encourage technological innovation and the adoption of
new technology by financial institutions to more effectively
counter money laundering and the financing of terrorism;
(4) to reinforce that the anti-money laundering and countering
the financing of terrorism policies, procedures, and controls of
financial institutions shall be risk-based;
(5) to establish uniform beneficial ownership information
reporting requirements to--
(A) improve transparency for national security,
intelligence, and law enforcement agencies and financial
institutions concerning corporate structures and insight into
the flow of illicit funds through those structures;
(B) discourage the use of shell corporations as a tool to
disguise and move illicit funds;
(C) assist national security, intelligence, and law
enforcement agencies with the pursuit of crimes; and
(D) protect the national security of the United States; and
(6) to establish a secure, nonpublic database at FinCEN for
beneficial ownership information.
SEC. 6003. DEFINITIONS.
In this division:
(1) Bank secrecy act.--The term ``Bank Secrecy Act'' means--
(A) section 21 of the Federal Deposit Insurance Act (12
U.S.C. 1829b);
(B) chapter 2 of title I of Public Law 91-508 (12 U.S.C.
1951 et seq.); and
(C) subchapter II of chapter 53 of title 31, United States
Code.
(2) Electronic fund transfer.--The term ``electronic fund
transfer'' has the meaning given the term in section 903 of the
Electronic Fund Transfer Act (15 U.S.C. 1693a).
(3) Federal functional regulator.--The term ``Federal
functional regulator''--
(A) has the meaning given the term in section 509 of the
Gramm-Leach-Bliley Act (15 U.S.C. 6809); and
(B) includes any Federal regulator that examines a
financial institution for compliance with the Bank Secrecy Act.
(4) Financial agency.--The term ``financial agency'' has the
meaning given the term in section 5312(a) of title 31, United
States Code, as amended by section 6102 of this division.
(5) Financial institution.--The term ``financial
institution''--
(A) has the meaning given the term in section 5312 of title
31, United States Code; and
(B) includes--
(i) an electronic fund transfer network; and
(ii) a clearing and settlement system.
(6) FinCEN.--The term ``FinCEN'' means the Financial Crimes
Enforcement Network of the Department of the Treasury.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Treasury.
(8) State bank supervisor.--The term ``State bank supervisor''
has the meaning given the term in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813).
(9) State credit union supervisor.--The term ``State credit
union supervisor'' means a State official described in section
107A(e) of the Federal Credit Union Act (12 U.S.C. 1757a(e)).
TITLE LXI--STRENGTHENING TREASURY FINANCIAL INTELLIGENCE, ANTI-MONEY
LAUNDERING, AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS
Sec. 6101. Establishment of national exam and supervision priorities.
Sec. 6102. Strengthening FinCEN.
Sec. 6103. FinCEN Exchange.
Sec. 6104. Interagency anti-money laundering and countering the
financing of terrorism personnel rotation program.
Sec. 6105. Terrorism and financial intelligence special hiring
authority.
Sec. 6106. Treasury Attache program.
Sec. 6107. Establishment of FinCEN Domestic Liaisons.
Sec. 6108. Foreign Financial Intelligence Unit Liaisons.
Sec. 6109. Protection of information exchanged with foreign law
enforcement and financial intelligence units.
Sec. 6110. Bank Secrecy Act application to dealers in antiquities and
assessment of Bank Secrecy Act application to dealers in arts.
Sec. 6111. Increasing technical assistance for international
cooperation.
Sec. 6112. International coordination.
SEC. 6101. ESTABLISHMENT OF NATIONAL EXAM AND SUPERVISION PRIORITIES.
(a) Declaration of Purpose.--Subchapter II of chapter 53 of title
31, United States Code, is amended by striking section 5311 and
inserting the following:
``Sec. 5311. Declaration of purpose
``It is the purpose of this subchapter (except section 5315) to--
``(1) require certain reports or records that are highly useful
in--
``(A) criminal, tax, or regulatory investigations, risk
assessments, or proceedings; or
``(B) intelligence or counterintelligence activities,
including analysis, to protect against terrorism;
``(2) prevent the laundering of money and the financing of
terrorism through the establishment by financial institutions of
reasonably designed risk-based programs to combat money laundering
and the financing of terrorism;
``(3) facilitate the tracking of money that has been sourced
through criminal activity or is intended to promote criminal or
terrorist activity;
``(4) assess the money laundering, terrorism finance, tax
evasion, and fraud risks to financial institutions, products, or
services to--
``(A) protect the financial system of the United States
from criminal abuse; and
``(B) safeguard the national security of the United States;
and
``(5) establish appropriate frameworks for information sharing
among financial institutions, their agents and service providers,
their regulatory authorities, associations of financial
institutions, the Department of the Treasury, and law enforcement
authorities to identify, stop, and apprehend money launderers and
those who finance terrorists.''.
(b) Anti-money Laundering Programs.--Section 5318 of title 31,
United States Code, is amended--
(1) in subsection (a)(1), by striking ``subsection (b)(2)'' and
inserting ``subsections (b)(2) and (h)(4)''; and
(2) in subsection (h)--
(A) in paragraph (1), in the matter preceding subparagraph
(A)--
(i) by inserting ``and the financing of terrorism''
after ``money laundering''; and
(ii) by inserting ``and countering the financing of
terrorism'' after ``anti-money laundering'';
(B) in paragraph (2)--
(i) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(B) Factors.--In prescribing the minimum standards under
subparagraph (A), and in supervising and examining compliance
with those standards, the Secretary of the Treasury, and the
appropriate Federal functional regulator (as defined in section
509 of the Gramm-Leach-Bliley Act (12 U.S.C. 6809)) shall take
into account the following:
``(i) Financial institutions are spending private
compliance funds for a public and private benefit,
including protecting the United States financial system
from illicit finance risks.
``(ii) The extension of financial services to the
underbanked and the facilitation of financial transactions,
including remittances, coming from the United States and
abroad in ways that simultaneously prevent criminal persons
from abusing formal or informal financial services networks
are key policy goals of the United States.
``(iii) Effective anti-money laundering and countering
the financing of terrorism programs safeguard national
security and generate significant public benefits by
preventing the flow of illicit funds in the financial
system and by assisting law enforcement and national
security agencies with the identification and prosecution
of persons attempting to launder money and undertake other
illicit activity through the financial system.
``(iv) Anti-money laundering and countering the
financing of terrorism programs described in paragraph (1)
should be--
``(I) reasonably designed to assure and monitor
compliance with the requirements of this subchapter and
regulations promulgated under this subchapter; and
``(II) risk-based, including ensuring that more
attention and resources of financial institutions
should be directed toward higher-risk customers and
activities, consistent with the risk profile of a
financial institution, rather than toward lower-risk
customers and activities.''; and
(C) by adding at the end the following:
``(4) Priorities.--
``(A) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Secretary of the Treasury,
in consultation with the Attorney General, Federal functional
regulators (as defined in section 509 of the Gramm-Leach-Bliley
Act (15 U.S.C. 6809)), relevant State financial regulators, and
relevant national security agencies, shall establish and make
public priorities for anti-money laundering and countering the
financing of terrorism policy.
``(B) Updates.--Not less frequently than once every 4
years, the Secretary of the Treasury, in consultation with the
Attorney General, Federal functional regulators (as defined in
section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)),
relevant State financial regulators, and relevant national
security agencies, shall update the priorities established
under subparagraph (A).
``(C) Relation to national strategy.--The Secretary of the
Treasury shall ensure that the priorities established under
subparagraph (A) are consistent with the national strategy for
countering the financing of terrorism and related forms of
illicit finance developed under section 261 of the Countering
Russian Influence in Europe and Eurasia Act of 2017 (Public Law
115-44; 131 Stat. 934).
``(D) Rulemaking.--Not later than 180 days after the date
on which the Secretary of the Treasury establishes the
priorities under subparagraph (A), the Secretary of the
Treasury, acting through the Director of the Financial Crimes
Enforcement Network and in consultation with the Federal
functional regulators (as defined in section 509 of the Gramm-
Leach-Bliley Act (15 U.S.C. 6809)) and relevant State financial
regulators, shall, as appropriate, promulgate regulations to
carry out this paragraph.
``(E) Supervision and examination.--The review by a
financial institution of the priorities established under
subparagraph (A) and the incorporation of those priorities, as
appropriate, into the risk-based programs established by the
financial institution to meet obligations under this
subchapter, the USA PATRIOT Act (Public Law 107-56; 115 Stat.
272), and other anti-money laundering and countering the
financing of terrorism laws and regulations shall be included
as a measure on which a financial institution is supervised and
examined for compliance with those obligations.
``(5) Duty.--The duty to establish, maintain and enforce an
anti-money laundering and countering the financing of terrorism
program as required by this subsection shall remain the
responsibility of, and be performed by, persons in the United
States who are accessible to, and subject to oversight and
supervision by, the Secretary of the Treasury and the appropriate
Federal functional regulator (as defined in section 509 of the
Gramm-Leach-Bliley Act (15 U.S.C. 6809)).''.
(c) Financial Crimes Enforcement Network.--Section 310(b)(2) of
title 31, United States Code, is amended--
(1) by redesignating subparagraph (J) as subparagraph (O); and
(2) by inserting after subparagraph (I) the following:
``(J) Promulgate regulations under section 5318(h)(4)(D),
as appropriate, to implement the government-wide anti-money
laundering and countering the financing of terrorism priorities
established by the Secretary of the Treasury under section
5318(h)(4)(A).
``(K) Communicate regularly with financial institutions and
Federal functional regulators that examine financial
institutions for compliance with subchapter II of chapter 53
and regulations promulgated under that subchapter and law
enforcement authorities to explain the United States
Government's anti-money laundering and countering the financing
of terrorism priorities.
``(L) Give and receive feedback to and from financial
institutions, State bank supervisors, and State credit union
supervisors (as those terms are defined in section 6003 of the
Anti-Money Laundering Act of 2020) regarding the matters
addressed in subchapter II of chapter 53 and regulations
promulgated under that subchapter.
``(M) Maintain money laundering and terrorist financing
investigation financial experts capable of identifying,
tracking, and analyzing financial crime networks and
identifying emerging threats to support Federal civil and
criminal investigations.
``(N) Maintain emerging technology experts to encourage the
development of and identify emerging technologies that can
assist the United States Government or financial institutions
in countering money laundering and the financing of
terrorism.''.
SEC. 6102. STRENGTHENING FINCEN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the mission of FinCEN should be to continue to safeguard
the financial system from illicit activity, counter money
laundering and the financing of terrorism, and promote national
security through strategic use of financial authorities and the
collection, analysis, and dissemination of financial intelligence;
(2) in its mission to safeguard the financial system from the
abuses of financial crime, the United States should prioritize
working with partners in Federal, State, local, Tribal, and foreign
law enforcement authorities;
(3) although the use and trading of virtual currencies are
legal practices, some terrorists and criminals, including
transnational criminal organizations, seek to exploit
vulnerabilities in the global financial system and increasingly
rely on substitutes for currency, including emerging payment
methods (such as virtual currencies), to move illicit funds; and
(4) in carrying out its mission, FinCEN should ensure that its
efforts fully support countering the financing of terrorism
efforts, including making sure that steps to address emerging
methods of such illicit financing are high priorities.
(b) Expanding Information Sharing With Tribal Authorities.--Section
310(b)(2) of title 31, United States Code, is amended--
(1) in subparagraphs (C), (E), and (F), by inserting
``Tribal,'' after ``local,'' each place that term appears; and
(2) in subparagraph (C)(vi), by striking ``international''.
(c) Expansion of Reporting Authorities to Combat Money
Laundering.--Section 5318(a)(2) of title 31, United States Code, is
amended--
(1) by inserting ``, including the collection and reporting of
certain information as the Secretary of the Treasury may prescribe
by regulation,'' after ``appropriate procedures''; and
(2) by inserting ``, the financing of terrorism, or other forms
of illicit finance'' after ``money laundering''.
(d) Value That Substitutes for Currency.--
(1) Definitions.--Section 5312(a) of title 31, United States
Code, is amended--
(A) in paragraph (1), by striking ``, or a transaction in
money, credit, securities, or gold'' and inserting ``, a
transaction in money, credit, securities or gold, or a service
provided with respect to money, securities, futures, precious
metals, stones and jewels, or value that substitutes for
currency'';
(B) in paragraph (2)--
(i) in subparagraph (J), by inserting ``, or a business
engaged in the exchange of currency, funds, or value that
substitutes for currency or funds'' before the semicolon at
the end; and
(ii) in subparagraph (R), by striking ``funds,'' and
inserting ``currency, funds, or value that substitutes for
currency,''; and
(C) in paragraph (3)--
(i) in subparagraph (B), by striking ``and'' at the
end;
(ii) in subparagraph (C), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) as the Secretary shall provide by regulation, value
that substitutes for any monetary instrument described in
subparagraph (A), (B), or (C).''.
(2) Registration of money transmitting businesses.--Section
5330(d) of title 31, United States Code, is amended--
(A) in paragraph (1)(A)--
(i) by striking ``funds,'' and inserting ``currency,
funds, or value that substitutes for currency,''; and
(ii) by striking ``system;;'' and inserting
``system;''; and
(B) in paragraph (2)--
(i) by striking ``currency or funds denominated in the
currency of any country'' and inserting ``currency, funds,
or value that substitutes for currency'';
(ii) by striking ``currency or funds, or the value of
the currency or funds,'' and inserting ``currency, funds,
or value that substitutes for currency''; and
(iii) by inserting ``, including'' after ``means''.
SEC. 6103. FINCEN EXCHANGE.
Section 310 of title 31, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (l); and
(2) by inserting after subsection (c) the following:
``(d) FinCEN Exchange.--
``(1) Establishment.--The FinCEN Exchange is hereby established
within FinCEN.
``(2) Purpose.--The FinCEN Exchange shall facilitate a
voluntary public-private information sharing partnership among law
enforcement agencies, national security agencies, financial
institutions, and FinCEN to--
``(A) effectively and efficiently combat money laundering,
terrorism financing, organized crime, and other financial
crimes, including by promoting innovation and technical
advances in reporting--
``(i) under subchapter II of chapter 53 and the
regulations promulgated under that subchapter; and
``(ii) with respect to other anti-money laundering
requirements;
``(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 once every 2 years thereafter
for the next 5 years, the Secretary of the Treasury shall
submit to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services of the
House of Representatives a report containing--
``(i) an analysis of the efforts undertaken by the
FinCEN Exchange, which shall include an analysis of--
``(I) the results of those efforts; and
``(II) the extent and effectiveness of those
efforts, including any benefits realized by law
enforcement agencies from partnering with financial
institutions, which shall be consistent with standards
protecting sensitive information; and
``(ii) any legislative, administrative, or other
recommendations the Secretary may have to strengthen the
efforts of the FinCEN Exchange.
``(B) Classified annex.--Each report under subparagraph (A)
may include a classified annex.
``(4) Information sharing requirement.--Information shared
under this subsection shall be shared--
``(A) in compliance with all other applicable Federal laws
and regulations;
``(B) in such a manner as to ensure the appropriate
confidentiality of personal information; and
``(C) at the discretion of the Director, with the
appropriate Federal functional regulator, as defined in section
6003 of the Anti-Money Laundering Act of 2020.
``(5) Protection of shared information.--
``(A) Regulations.--FinCEN shall, as appropriate,
promulgate regulations that establish procedures for the
protection of information shared and exchanged between FinCEN
and the private sector in accordance with this section,
consistent with the capacity, size, and nature of the financial
institution to which the particular procedures apply.
``(B) Use of information.--Information received by a
financial institution pursuant to this section shall not be
used for any purpose other than identifying and reporting on
activities that may involve the financing of terrorism, money
laundering, proliferation financing, or other financial crimes.
``(6) Rule of construction.--Nothing in this subsection may be
construed to create new information sharing authorities or
requirements relating to the Bank Secrecy Act.''.
SEC. 6104. INTERAGENCY ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM PERSONNEL ROTATION PROGRAM.
To promote greater effectiveness and efficiency in combating money
laundering, the financing of terrorism, proliferation financing,
serious tax fraud, trafficking, sanctions evasion and other financial
crimes, the Secretary shall maintain and accelerate efforts to
strengthen anti-money laundering and countering the financing of
terrorism efforts through a personnel rotation program between the
Federal functional regulators and the Department of Justice, the
Federal Bureau of Investigation, the Department of Homeland Security,
the Department of Defense, and such other agencies as the Secretary
determines are appropriate.
SEC. 6105. TERRORISM AND FINANCIAL INTELLIGENCE SPECIAL HIRING
AUTHORITY.
(a) FinCEN.--Section 310 of title 31, United States Code, as
amended by section 6103 of this division, is amended by inserting after
subsection (d) the following:
``(e) 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 under paragraph (1) shall be to provide
substantive support in support of the duties described in
subparagraphs (A) through (O) of subsection (b)(2).''.
(b) Office of Terrorism and Financial Intelligence.--Section 312 of
title 31, United States Code, is amended by adding at the end the
following:
``(g) 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 the OTFI.
``(2) Primary responsibilities.--The primary responsibility of
candidates appointed under paragraph (1) shall be to provide
substantive support in support of the duties described in
subparagraphs (A) through (G) of subsection (a)(4).
``(h) Deployment of Staff.--The Secretary of the Treasury may
detail, without regard to the provisions of section 300.301 of title 5,
Code of Federal Regulations, any employee in the OTFI to any position
in the OTFI for which the Secretary has determined there is a need.''.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, and every 2 years thereafter for 5 years, the Secretary shall
submit to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives a report that includes the number of new employees
hired during the previous year under the authorities described in
sections 310 and 312 of title 31, United States Code, along with
position titles and associated pay grades for such hires.
SEC. 6106. TREASURY ATTACHE PROGRAM.
(a) In General.--Subchapter I of chapter 3 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 316. Treasury Attache Program
``(a) In General.--There is established the Treasury Financial
Attache Program, under which the Secretary of the Treasury shall
appoint employees of the Department of the Treasury as a Treasury
Financial Attache, who shall--
``(1) further the work of the Department of the Treasury in
developing and executing the financial and economic policy of the
United States Government and the international fight against
terrorism, money laundering, and other illicit finance;
``(2) be co-located in a United States Embassy, a similar
United States Government facility, or a foreign government
facility, as the Secretary determines is appropriate;
``(3) establish and maintain relationships with foreign
counterparts, including employees of ministries of finance, central
banks, international financial institutions, and other relevant
official entities;
``(4) conduct outreach to local and foreign financial
institutions and other commercial actors;
``(5) coordinate with representatives of the Department of
Justice at United States Embassies who perform similar functions on
behalf of the United States Government; and
``(6) perform such other actions as the Secretary determines
are appropriate.
``(b) Number of Attaches.--
``(1) In general.--The number of Treasury Financial 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 the date
of enactment of this section.
``(2) Additional posts.--The Secretary of the Treasury may
establish additional posts subject to the availability of
appropriations.
``(c) Compensation.--
``(1) In general.--Each Treasury Financial Attache appointed
under this section and located at a United States Embassy shall
receive compensation, including allowances, at the higher of--
``(A) the rate of compensation, including allowances,
provided to a Foreign Service officer serving at the same
embassy; and
``(B) the rate of compensation, including allowances, the
Treasury Financial Attache would otherwise have received,
absent the application of this subsection.
``(2) Phase in.--The compensation described in paragraph (1)
shall be phased in over 2 years.''.
(b) Clerical Amendment.--The table of sections for chapter 3 of
title 31, United States Code, is amended by inserting after the item
relating to section 315 the following:
``316. Treasury Attache Program.''.
SEC. 6107. ESTABLISHMENT OF FINCEN DOMESTIC LIAISONS.
Section 310 of title 31, United States Code, as amended by sections
6103 and 6105 of this division, is amended by inserting after
subsection (e) the following:
``(f) FinCEN Domestic Liaisons.--
``(1) Establishment of office.--There is established in FinCEN
an Office of Domestic Liaison, which shall be headed by the Chief
Domestic Liaison.
``(2) Location.--The Office of the Domestic Liaison shall be
located in the District of Columbia.
``(g) Chief Domestic Liaison.--
``(1) In general.--The Chief Domestic Liaison, shall--
``(A) report directly to the Director; and
``(B) be appointed by the Director, from among individuals
with experience or familiarity with anti-money laundering
program examinations, supervision, and enforcement.
``(2) Compensation.--The annual rate of pay for the Chief
Domestic Liaison shall be equal to the highest rate of annual pay
for similarly situated senior executives who report to the
Director.
``(3) Staff of office.--The Chief Domestic Liaison, with the
concurrence of the Director, may retain or employ counsel, research
staff, and service staff, as the Liaison determines necessary to
carry out the functions, powers, and duties under this subsection.
``(4) Domestic liaisons.--The Chief Domestic Liaison, with the
concurrence of the Director, shall appoint not fewer than 6 senior
FinCEN employees as FinCEN Domestic Liaisons, who shall--
``(A) report to the Chief Domestic Liaison;
``(B) each be assigned to focus on a specific region of the
United States; and
``(C) 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.
``(5) Functions of the domestic liaisons.--
``(A) In general.--Each Domestic Liaison shall--
``(i) in coordination with relevant Federal functional
regulators, perform outreach to BSA officers at financial
institutions, including nonbank financial institutions, and
persons that 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;
``(ii) in accordance with applicable agreements,
receive feedback from financial institutions and examiners
of Federal functional regulators regarding their
examinations under the Bank Secrecy Act and communicate
that feedback to FinCEN, the Federal functional regulators,
and State bank supervisors;
``(iii) promote coordination and consistency of
supervisory guidance from FinCEN, the Federal functional
regulators, State bank supervisors, and State credit union
supervisors regarding the Bank Secrecy Act;
``(iv) act as a liaison between financial institutions
and their Federal functional regulators, State bank
supervisors, and State credit union supervisors with
respect to information sharing matters involving the Bank
Secrecy Act and regulations promulgated thereunder;
``(v) establish safeguards to maintain the
confidentiality of communications between the persons
described in clause (ii) and the Office of Domestic
Liaison;
``(vi) to the extent practicable, periodically propose
to the Director changes in the regulations, guidance, or
orders of FinCEN, including any legislative or
administrative changes that may be appropriate to ensure
improved coordination and expand information sharing under
this paragraph; and
``(vii) perform such other duties as the Director
determines to be appropriate.
``(B) Rule of construction.--Nothing in this paragraph may
be construed to permit the Domestic Liaisons to have authority
over supervision, examination, or enforcement processes.
``(6) Access to documents.--FinCEN, to the extent practicable
and consistent with appropriate safeguards for sensitive
enforcement-related, pre-decisional, or deliberative information,
shall ensure that the Domestic Liaisons have full access to the
documents of FinCEN, as necessary to carry out the functions of the
Office of Domestic Liaison.
``(7) Annual reports.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection and every 2 years thereafter for 5
years, the Director shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a report on
the objectives of the Office of Domestic Liaison for the
following fiscal year and the activities of the Office during
the immediately preceding fiscal year.
``(B) Contents.--Each report required under subparagraph
(A) shall include--
``(i) appropriate statistical information and full and
substantive analysis;
``(ii) information on steps that the Office of Domestic
Liaison has taken during the reporting period to address
feedback received by financial institutions and examiners
of Federal functional regulators relating to examinations
under the Bank Secrecy Act;
``(iii) recommendations to the Director for such
administrative and legislative actions as may be
appropriate to address information sharing and coordination
issues encountered by financial institutions or examiners
of Federal functional regulators; and
``(iv) any other information, as determined appropriate
by the Director.
``(C) Sensitive information.--Notwithstanding subparagraph
(D), FinCEN shall review each report required under
subparagraph (A) before the report is submitted to ensure the
report does not disclose sensitive information.
``(D) Independence.--
``(i) In general.--Each report required under
subparagraph (A) shall be provided directly to the
committees listed in that subparagraph, except that a
relevant Federal functional regulator, State bank
supervisor, Office of Management and Budget, or State
credit union supervisor shall have an opportunity for
review and comment before the submission of the report.
``(ii) Rule of construction.--Nothing in clause (i) may
be construed to preclude FinCEN or any other department or
agency from reviewing a report required under subparagraph
(A) for the sole purpose of protecting--
``(I) sensitive information obtained by a law
enforcement agency; and
``(II) classified information.
``(E) Classified information.--No report required under
subparagraph (A) may contain classified information.
``(8) Definition.--In this subsection, the term `Federal
functional regulator' has the meaning given the term in section
6003 of the Anti-Money Laundering Act of 2020.''.
SEC. 6108. FOREIGN FINANCIAL INTELLIGENCE UNIT LIAISONS.
Section 310 of title 31, United States Code, as amended by sections
6103, 6105, and 6107 of this division, is amended by inserting after
subsection (g) the following:
``(h) FinCEN Foreign Financial Intelligence Unit Liaisons.--
``(1) In general.--The Director of FinCEN shall appoint not
fewer than 6 Foreign Financial Intelligence Unit Liaisons, who
shall--
``(A) be knowledgeable about domestic or international
anti-money laundering or countering the financing of terrorism
laws and regulations;
``(B) possess a technical understanding of the Bank Secrecy
Act, the protocols of the Egmont Group of Financial
Intelligence Units, and the Financial Action Task Force and the
recommendations issued by that Task Force;
``(C) be co-located in a United States embassy, a similar
United States Government facility, or a foreign government
facility, as appropriate;
``(D) facilitate capacity building and perform outreach
with respect to anti-money laundering and countering the
financing of terrorism regulatory and analytical frameworks;
``(E) establish and maintain relationships with officials
from foreign intelligence units, regulatory authorities,
ministries of finance, central banks, law enforcement agencies,
and other competent authorities;
``(F) participate in industry outreach engagements with
foreign financial institutions and other commercial actors on
anti-money laundering and countering the financing of terrorism
issues;
``(G) coordinate with representatives of the Department of
Justice at United States Embassies who perform similar
functions on behalf of the United States Government; and
``(H) perform such other duties as the Director determines
to be appropriate.
``(2) Compensation.--Each Foreign Financial Intelligence Unit
Liaison appointed under paragraph (1) shall receive compensation at
the higher of--
``(A) the rate of compensation paid to a Foreign Service
officer at a comparable career level serving at the same
embassy or facility, as applicable; or
``(B) the rate of compensation that the Liaison would have
otherwise received.''.
SEC. 6109. PROTECTION OF INFORMATION EXCHANGED WITH FOREIGN LAW
ENFORCEMENT AND FINANCIAL INTELLIGENCE UNITS.
(a) In General.--Section 310 of title 31, United States Code, as
amended by sections 6103, 6105, 6107, and 6108 of this division, is
amended by inserting after subsection (h) the following:
``(i) Protection of Information Obtained by Foreign Law Enforcement
and Financial Intelligence Units; Freedom of Information Act.--
``(1) Definitions.--In this subsection:
``(A) Foreign anti-money laundering and countering the
financing of terrorism authority.--The term `foreign anti-money
laundering and countering the financing of terrorism authority'
means any foreign agency or authority that is empowered under
foreign law to regulate or supervise foreign financial
institutions (or designated non-financial businesses and
professions) with respect to laws concerning anti-money
laundering and countering the financing of terrorism and
proliferation.
``(B) Foreign financial intelligence unit.--The term
`foreign financial intelligence unit' means any foreign agency
or authority, including a foreign financial intelligence unit
that is a member of the Egmont Group of Financial Intelligence
Units, that is empowered under foreign law as a jurisdiction's
national center for--
``(i) receipt and analysis of suspicious transaction
reports and other information relevant to money laundering,
associated predicate offenses, and the financing of
terrorism; and
``(ii) the dissemination of the results of the analysis
described in clause (i).
``(C) Foreign law enforcement authority.--The term `foreign
law enforcement authority' means any foreign agency or
authority that is empowered under foreign law to detect,
investigate, or prosecute potential violations of law.
``(2) Information exchanged with foreign law enforcement
authorities, foreign financial intelligence units, and foreign
anti-money laundering and countering the financing of terrorism
authorities.--
``(A) In general.--The Department of the Treasury may not
be compelled to search for or disclose information exchanged
with a foreign law enforcement authority, foreign financial
intelligence unit, or foreign anti-money laundering and
countering the financing of terrorism authority.
``(B) Inapplicability of freedom of information act.--
``(i) In general.--Section 552(a)(3) of title 5
(commonly known as the `Freedom of Information Act') shall
not apply to any request for records or information
exchanged between the Department of the Treasury and a
foreign law enforcement authority, foreign financial
intelligence unit, or foreign anti-money laundering and
countering the financing of terrorism authority.
``(ii) Specifically exempted by statute.--For purposes
of section 552 of title 5, this paragraph shall be
considered a statute described in subsection (b)(3)(B) of
that section.
``(C) Clarification on information limitations and
protections.--
``(i) In general.--The provisions of this paragraph
shall apply only to information necessary to exercise the
duties and powers described under subsection (b).
``(ii) Appropriate confidentiality, classification, and
data security requirements.--The Secretary, in consultation
with the Director, shall ensure that information provided
to a foreign law enforcement authority, foreign financial
intelligence unit, or foreign anti-money laundering and
countering the financing of terrorism authority, is subject
to appropriate confidentiality, classification, and data
security requirements.
``(3) Savings provision.--Nothing in this section shall
authorize the Department of the Treasury to withhold information
from Congress, decline to carry out a search for information
requested by Congress, or prevent the Department of the Treasury
from complying with an order of a court of the United States in an
action commenced by the United States.''.
(b) Availability of Reports.--Section 5319 of title 31, United
States Code, is amended, in the fourth sentence, by inserting ``search
and'' before ``disclosure''.
SEC. 6110. BANK SECRECY ACT APPLICATION TO DEALERS IN ANTIQUITIES AND
ASSESSMENT OF BANK SECRECY ACT APPLICATION TO DEALERS IN ARTS.
(a) Bank Secrecy Act Amendment.--
(1) In general.--Section 5312(a)(2) of title 31, United States
Code, is amended--
(A) by redesignating subparagraphs (Y) and (Z) as
subparagraphs (Z) and (AA), respectively; and
(B) by inserting after subparagraph (X) the following:
``(Y) a person engaged in the trade of antiquities,
including an advisor, consultant, or any other person who
engages as a business in the solicitation or the sale of
antiquities, subject to regulations prescribed by the
Secretary;''.
(2) Effective date.--Section 5312(a)(2)(Y) of title 31, United
States Code, as added by paragraph (1), shall take effect on the
effective date of the final rules issued by the Secretary of the
Treasury pursuant to subsection (b).
(b) Rulemaking.--
(1) In general.--Not later than 360 days after the date of
enactment of this Act, the Secretary of the Treasury shall issue
proposed rules to carry out the amendments made by subsection (a).
(2) Considerations.--Before issuing a proposed rule under
paragraph (1), the Secretary of the Treasury (acting through the
Director of the FinCEN), in coordination with the Federal Bureau of
Investigation, the Attorney General, and Homeland Security
Investigations, shall consider--
(A) the appropriate scope for the rulemaking, including
determining which persons should be subject to the rulemaking,
by size, type of business, domestic or international
geographical locations, or otherwise;
(B) the degree to which the regulations should focus on
high-value trade in antiquities, and on the need to identify
the actual purchasers of such antiquities, in addition to the
agents or intermediaries acting for or on behalf of such
purchasers;
(C) the need, if any, to identify persons who are dealers,
advisors, consultants, or any other persons who engage as a
business in the trade in antiquities;
(D) whether thresholds should apply in determining which
persons to regulate;
(E) whether certain exemptions should apply to the
regulations; and
(F) any other matter the Secretary determines appropriate.
(c) Study of the Facilitation of Money Laundering and Terror
Finance Through the Trade in Works of Art.--The Secretary, in
coordination with the Director of the Federal Bureau of Investigation,
the Attorney General, and the Secretary of Homeland Security, shall
perform a study of the facilitation of money laundering and the
financing of terrorism through the trade in works of art, including an
analysis of--
(1) the extent to which the facilitation of money laundering
and terror finance through the trade in works of art may enter or
affect the financial system of the United States, including any
qualitative or quantitative data or statistics;
(2) an evaluation of which markets, by size, entity type,
domestic or international geographical locations, or otherwise,
should be subject to any regulations;
(3) the degree to which the regulations, if any, should focus
on high-value trade in works of art, and on the need to identify
the actual purchasers of such works, in addition to the agents or
intermediaries acting for or on behalf of such purchasers;
(4) the need, if any, to identify persons who are dealers,
advisors, consultants, or any other persons who engage as a
business in the trade in works of art;
(5) whether thresholds and definitions should apply in
determining which entities, if any, to regulate;
(6) an evaluation of whether certain exemptions should apply;
(7) whether information on certain transactions in the trade in
works of art has a high degree of usefulness in criminal, tax, or
regulatory matters; and
(8) any other matter the Secretary determines is appropriate.
(d) Report.--Not later than 360 days after the date of enactment of
this Act, the Secretary, in coordination with the Director of the
Federal Bureau of Investigation, the Attorney General, and the
Secretary of Homeland Security, shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a report that
contains all findings and determinations made in carrying out the study
required under subsection (c).
(e) Technical and Conforming Amendments.--
(1) The Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8501 et seq.) is amended--
(A) in section 104(i)(1)(C) (22 U.S.C. 8513(i)(1)(C)), by
striking ``(Y)'' and inserting ``(Z)''; and
(B) in section 104A(d)(1) (22 U.S.C. 8513b(d)(1)), by
striking ``(Y)'' and inserting ``(Z)''.
(2) Section 2(4) of the Ukraine Freedom Support Act of 2014 (22
U.S.C. 8921(4)) is amended by striking ``(Y)'' and inserting
``(Z)''.
SEC. 6111. INCREASING TECHNICAL ASSISTANCE FOR INTERNATIONAL
COOPERATION.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to the
Secretary for the purpose described in paragraph (2) $60,000,000
for each of fiscal years 2020 through 2024.
(2) Purpose described.--The purpose described in this paragraph
is the provision of technical assistance to foreign countries, and
financial institutions in foreign countries, that promotes
compliance with international standards and best practices,
including in particular international standards and best practices
relating to the establishment of effective anti-money laundering
programs and programs for countering the financing of terrorism.
(3) Sense of congress.--It is the sense of Congress that this
subsection could affect a number of Federal agencies and
departments and the Secretary should, as appropriate, consult with
the heads of those affected agencies and departments, including the
Attorney General, in providing the technical assistance required
under this subsection.
(b) Report on Technical Assistance Provided by Office of Technical
Assistance.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter for 5 years,
the Secretary shall submit to Congress a report on the assistance
described in subsection (a)(2) provided by the Office of Technical
Assistance of the Department of the Treasury.
(2) Elements.--Each report required under paragraph (1) shall
include--
(A) a description of the strategic goals of the Office of
Technical Assistance in the year preceding submission of the
report, including an explanation of how technical assistance
provided by the Office in that year advanced those goals;
(B) a description of technical assistance provided by the
Office in that year, including the objectives and delivery
methods of the assistance;
(C) a list of beneficiaries and providers (other than
Office staff) of the technical assistance during that year; and
(D) a description of how--
(i) 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 in section
1701(c) of the International Financial Institutions Act (22
U.S.C. 262r(c))); and
(ii) efforts to coordinate the technical assistance
described in clause (i).
SEC. 6112. INTERNATIONAL COORDINATION.
(a) In General.--The Secretary shall work with foreign counterparts
of the Secretary, including through bilateral contacts, 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, the Basel Committee on Banking
Supervision, and the United Nations, to promote stronger anti-money
laundering frameworks and enforcement of anti-money laundering laws.
(b) Support for Strengthening the Capacity of the International
Monetary Fund to Prevent Money Laundering and the Financing of
Terrorism.--Section 7125 of the Otto Warmbier North Korea Nuclear
Sanctions and Enforcement Act of 2019 (title LXXI of division F of
Public Law 116-92; 133 Stat. 2249) is amended--
(1) in subsection (b), by striking ``5'' and inserting ``6'';
and
(2) in subsection (c), by striking ``2023'' and inserting
``2024''.
TITLE LXII--MODERNIZING THE ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM SYSTEM
Sec. 6201. Annual reporting requirements.
Sec. 6202. Additional considerations for suspicious activity reporting
requirements.
Sec. 6203. Law enforcement feedback on suspicious activity reports.
Sec. 6204. Streamlining requirements for currency transaction reports
and suspicious activity reports.
Sec. 6205. Currency transaction reports and suspicious activity reports
thresholds review.
Sec. 6206. Sharing of threat pattern and trend information.
Sec. 6207. Subcommittee on Innovation and Technology.
Sec. 6208. Establishment of Bank Secrecy Act Innovation Officers.
Sec. 6209. Testing methods rulemaking.
Sec. 6210. Financial technology assessment.
Sec. 6211. Financial crimes tech symposium.
Sec. 6212. Pilot program on sharing of information related to suspicious
activity reports within a financial group.
Sec. 6213. Sharing of compliance resources.
Sec. 6214. Encouraging information sharing and public-private
partnerships.
Sec. 6215. Financial services de-risking.
Sec. 6216. Review of regulations and guidance.
SEC. 6201. ANNUAL REPORTING REQUIREMENTS.
(a) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Attorney General,
in consultation with the Secretary, Federal law enforcement agencies,
the Director of National Intelligence, Federal functional regulators,
and the heads of other appropriate Federal agencies, shall submit to
the Secretary a report that contains statistics, metrics, and other
information on the use of data derived from financial institutions
reporting under the Bank Secrecy Act (referred to in this subsection as
the ``reported data''), including--
(1) the frequency with which the reported data contains
actionable information that leads to--
(A) further procedures by law enforcement agencies,
including the use of a subpoena, warrant, or other legal
process; or
(B) actions taken by intelligence, national security, or
homeland security agencies;
(2) calculations of the time between the date on which the
reported data is reported and the date on which the reported data
is used by law enforcement, intelligence, national security, or
homeland security agencies, whether through the use of--
(A) a subpoena or warrant; or
(B) other legal process or action;
(3) an analysis of the transactions associated with the
reported data, including whether--
(A) the suspicious accounts that are the subject of the
reported data were held by legal entities or individuals; and
(B) there are trends and patterns in cross-border
transactions to certain countries;
(4) the number of legal entities and individuals identified by
the reported data;
(5) information on the extent to which arrests, indictments,
convictions, criminal pleas, civil enforcement or forfeiture
actions, or actions by national security, intelligence, or homeland
security agencies were related to the use of the reported data; and
(6) data on the investigations carried out by State and Federal
authorities resulting from the reported data.
(b) Report.--Beginning with the fifth report submitted under
subsection (a), and once every 5 years thereafter, that report shall
include a section describing the use of data derived from reporting by
financial institutions under the Bank Secrecy Act over the 5 years
preceding the date on which the report is submitted, which shall
include a description of long-term trends and the use of long-term
statistics, metrics, and other information.
(c) Trends, Patterns, and Threats.--Each report required under
subsection (a) and each section included under subsection (b) shall
contain a description of retrospective trends and emerging patterns and
threats in money laundering and the financing of terrorism, including
national and regional trends, patterns, and threats relevant to the
classes of financial institutions that the Attorney General determines
appropriate.
(d) Use of Report Information.--The Secretary shall use the
information reported under subsections (a), (b), and (c)--
(1) to help assess the usefulness of reporting under the Bank
Secrecy Act to--
(A) criminal and civil law enforcement agencies;
(B) intelligence, defense, and homeland security agencies;
and
(C) Federal functional regulators;
(2) to enhance feedback and communications with financial
institutions and other entities subject to requirements under the
Bank Secrecy Act, including by providing more detail in the reports
published and distributed under section 314(d) of the USA PATRIOT
Act (31 U.S.C. 5311 note);
(3) to assist FinCEN in considering revisions to the reporting
requirements promulgated under section 314(d) of the USA PATRIOT
Act (31 U.S.C. 5311 note); and
(4) for any other purpose the Secretary determines is
appropriate.
(e) Confidentiality.--Any information received by a financial
institution under this section shall be subject to confidentiality
requirements established by the Secretary.
SEC. 6202. ADDITIONAL CONSIDERATIONS FOR SUSPICIOUS ACTIVITY REPORTING
REQUIREMENTS.
Section 5318(g) of title 31, United States Code, is amended by
adding at the end the following:
``(5) Considerations in imposing reporting requirements.--
``(A) Definitions.--In this paragraph, the terms `Bank
Secrecy Act', `Federal functional regulator', `State bank
supervisor', and `State credit union supervisor' have the
meanings given the terms in section 6003 of the Anti-Money
Laundering Act of 2020.
``(B) Requirements.--In imposing any requirement to report
any suspicious transaction under this subsection, the Secretary
of the Treasury, in consultation with the Attorney General,
appropriate representatives of State bank supervisors, State
credit union supervisors, and the Federal functional
regulators, shall consider items that include--
``(i) the national priorities established by the
Secretary;
``(ii) the purposes described in section 5311; and
``(iii) the means by or form in which the Secretary
shall receive such reporting, including the burdens imposed
by such means or form of reporting on persons required to
provide such reporting, the efficiency of the means or
form, and the benefits derived by the means or form of
reporting by Federal law enforcement agencies and the
intelligence community in countering financial crime,
including money laundering and the financing of terrorism.
``(C) Compliance program.--Reports filed under this
subsection shall be guided by the compliance program of a
covered financial institution with respect to the Bank Secrecy
Act, including the risk assessment processes of the covered
institution that should include a consideration of priorities
established by the Secretary of the Treasury under section
5318.
``(D) Streamlined data and real-time reporting.--
``(i) Requirement to establish system.--In considering
the means by or form in which the Secretary of the Treasury
shall receive reporting pursuant to subparagraph (B)(iii),
the Secretary of the Treasury, acting through the Director
of the Financial Crimes Enforcement Network, and in
consultation with appropriate representatives of the State
bank supervisors, State credit union supervisors, and
Federal functional regulators, shall--
``(I) establish streamlined, including automated,
processes to, as appropriate, permit the filing of
noncomplex categories of reports that--
``(aa) reduce burdens imposed on persons
required to report; and
``(bb) do not diminish the usefulness of the
reporting to Federal law enforcement agencies,
national security officials, and the intelligence
community in combating financial crime, including
the financing of terrorism;
``(II) subject to clause (ii)--
``(aa) permit streamlined, including automated,
reporting for the categories described in subclause
(I); and
``(bb) establish the conditions under which the
reporting described in item (aa) is permitted; and
``(III) establish additional systems and processes
as necessary to allow for the reporting described in
subclause (II)(aa).
``(ii) Standards.--The Secretary of the Treasury--
``(I) in carrying out clause (i), shall establish
standards to ensure that streamlined reports relate to
suspicious transactions relevant to potential
violations of law (including regulations); and
``(II) in establishing the standards under
subclause (I), shall consider transactions, including
structured transactions, designed to evade any
regulation promulgated under this subchapter, certain
fund and asset transfers with little or no apparent
economic or business purpose, transactions without
lawful purposes, and any other transaction that the
Secretary determines to be appropriate.
``(iii) Rule of construction.--Nothing in this
subparagraph may be construed to preclude the Secretary of
the Treasury from--
``(I) requiring reporting as provided for in
subparagraphs (B) and (C); or
``(II) notifying Federal law enforcement with
respect to any transaction that the Secretary has
determined implicates a national priority established
by the Secretary.''.
SEC. 6203. LAW ENFORCEMENT FEEDBACK ON SUSPICIOUS ACTIVITY REPORTS.
(a) Feedback.--
(1) In general.--FinCEN shall, to the extent practicable,
periodically solicit feedback from individuals designated under
section 5318(h)(1)(B) of title 31, United States Code, by a variety
of financial institutions representing a cross-section of the
reporting industry to review the suspicious activity reports filed
by those financial institutions and discuss trends in suspicious
activity observed by FinCEN.
(2) Coordination with federal functional regulators and state
bank supervisors and state credit union supervisors.--FinCEN shall
provide any feedback solicited under paragraph (1) to the
appropriate Federal functional regulator, State bank supervisor, or
State credit union supervisor during the regularly scheduled
examination of the applicable financial institution by the Federal
functional regulator, State bank supervisor, or State credit union
supervisor, as applicable.
(b) Disclosure Required.--
(1) In general.--
(A) Periodic disclosure.--Except as provided in paragraph
(2), FinCEN shall, to the extent practicable, periodically
disclose to each financial institution, in summary form,
information on suspicious activity reports filed that proved
useful to Federal or State criminal or civil law enforcement
agencies during the period since the most recent disclosure
under this paragraph to the financial institution.
(B) Rule of construction.--Nothing in this paragraph may be
construed to require the public disclosure of any information
filed with the Department of the Treasury under the Bank
Secrecy Act.
(2) Exception for ongoing or closed investigations and to
protect national security.--FinCEN shall not be required to
disclose to a financial institution any information under paragraph
(1) that relates to an ongoing or closed investigation or
implicates the national security of the United States.
(3) Maintenance of statistics.--With respect to the actions
described in paragraph (1), FinCEN shall keep records of all such
actions taken to assist with the production of the reports
described in paragraph (5) of section 5318(g) of title 31, United
States Code, as added by section 6202 of this division, and for
other purposes.
(4) Coordination with department of justice.--The information
disclosed by FinCEN under this subsection shall include information
from the Department of Justice regarding--
(A) the review and use by the Department of suspicious
activity reports filed by the applicable financial institution
during the period since the most recent disclosure under this
subsection; and
(B) any trends in suspicious activity observed by the
Department.
SEC. 6204. STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION REPORTS
AND SUSPICIOUS ACTIVITY REPORTS.
(a) Review.--The Secretary, in consultation with the Attorney
General, Federal law enforcement agencies, the Secretary of Homeland
Security, the Federal functional regulators, State bank supervisors,
State credit union supervisors, and other relevant stakeholders, shall
undertake a formal review of the financial institution reporting
requirements relating to currency transaction reports and suspicious
activity reports, as in effect on the date of enactment of this Act,
including the processes used to submit reports under the Bank Secrecy
Act, regulations implementing the Bank Secrecy Act, and related
guidance, and propose changes to those reports to reduce any
unnecessarily burdensome regulatory requirements and ensure that the
information provided fulfills the purposes described in section 5311 of
title 31, United States Code, as amended by section 6101(a) of this
division.
(b) Contents.--The review required under subsection (a) shall--
(1) rely substantially on information obtained through the BSA
Data Value Analysis Project conducted by FinCEN; and
(2) include a review of--
(A) whether the circumstances under which a financial
institution determines whether to file a continuing suspicious
activity report, including insider abuse, or the processes
followed by a financial institution in determining whether to
file a continuing suspicious activity report, or both, should
be streamlined or otherwise adjusted;
(B) whether different thresholds should apply to different
categories of activities;
(C) the fields designated as critical on the suspicious
activity report form, the fields on the currency transaction
report form, and whether the number or nature of the fields on
those forms should be adjusted;
(D) the categories, types, and characteristics of
suspicious activity reports and currency transaction reports
that are of the greatest value to, and that best support,
investigative priorities of law enforcement and national
security agencies;
(E) the increased use or expansion of exemption provisions
to reduce currency transaction reports that may be of little or
no value to the efforts of law enforcement agencies;
(F) the most appropriate ways to promote financial
inclusion and address the adverse consequences of financial
institutions de-risking entire categories of relationships,
including charities, embassy accounts, and money service
businesses (as defined in section 1010.100(ff) of title 31,
Code of Federal Regulations), and certain groups of
correspondent banks without conducting a proper assessment of
the specific risk of each individual member of these
populations;
(G) the current financial institution reporting
requirements under the Bank Secrecy Act and regulations and
guidance implementing the Bank Secrecy Act;
(H) whether the process for the electronic submission of
reports could be improved for both financial institutions and
law enforcement agencies, including by allowing greater
integration between financial institution systems and the
electronic filing system to allow for automatic population of
report fields and the automatic submission of transaction data
for suspicious transactions, without bypassing the obligation
of each reporting financial institution to assess the specific
risk of the transactions reported;
(I) the appropriate manner in which to ensure the security
and confidentiality of personal information;
(J) how to improve the cross-referencing of individuals or
entities operating at multiple financial institutions and
across international borders;
(K) whether there are ways to improve currency transaction
report aggregation for entities with common ownership;
(L) whether financial institutions should be permitted to
streamline or otherwise adjust, with respect to particular
types of customers or transactions, the process for determining
whether activity is suspicious or the information included in
the narrative of a suspicious activity report; and
(M) any other matter the Secretary determines is
appropriate.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in consultation with the Attorney General,
Federal law enforcement agencies, the Director of National
Intelligence, the Secretary of Homeland Security, and the Federal
functional regulators, shall--
(1) submit to Congress a report that contains all findings and
determinations made in carrying out the review required under
subsection (a); and
(2) propose rulemakings, as appropriate, to implement the
findings and determinations described in paragraph (1).
SEC. 6205. CURRENCY TRANSACTION REPORTS AND SUSPICIOUS ACTIVITY REPORTS
THRESHOLDS REVIEW.
(a) Review of Thresholds for Certain Currency Transaction Reports
and Suspicious Activity Reports.--The Secretary, in consultation with
the Attorney General, the Director of National Intelligence, the
Secretary of Homeland Security, the Federal functional regulators,
State bank supervisors, State credit union supervisors, and other
relevant stakeholders, shall review and determine whether the dollar
thresholds, including aggregate thresholds, under sections 5313,
5318(g), and 5331 of title 31, United States Code, including
regulations issued under those sections, should be adjusted.
(b) Considerations.--In making the determinations required under
subsection (a), the Secretary, in consultation with the Attorney
General, the Director of National Intelligence, the Secretary of
Homeland Security, the Federal functional regulators, State bank
supervisors, State credit union supervisors, and other relevant
stakeholders, shall--
(1) rely substantially on information obtained through the BSA
Data Value Analysis Project conducted by FinCEN and on information
obtained through the Currency Transaction Report analyses conducted
by the Comptroller General of the United States; and
(2) consider--
(A) the effects that adjusting the thresholds would have on
law enforcement, intelligence, national security, and homeland
security agencies;
(B) the costs likely to be incurred or saved by financial
institutions from any adjustment to the thresholds;
(C) whether adjusting the thresholds would better conform
the United States with international norms and standards to
counter money laundering and the financing of terrorism;
(D) whether currency transaction report thresholds should
be tied to inflation or otherwise be adjusted based on other
factors consistent with the purposes of the Bank Secrecy Act;
(E) any other matter that the Secretary determines is
appropriate.
(c) Report and Rulemakings.--Not later than 1 year after the date
of enactment of this Act, the Secretary, in consultation with the
Attorney General, the Director of National Intelligence, the Secretary
of Homeland Security, the Federal functional regulators, State bank
supervisors, State credit union supervisors, and other relevant
stakeholders, shall--
(1) publish a report of the findings from the review required
under subsection (a); and
(2) propose rulemakings, as appropriate, to implement the
findings and determinations described in paragraph (1).
(d) Updates.--Not less frequently than once every 5 years during
the 10-year period beginning on the date of enactment of this Act, the
Secretary shall--
(1) evaluate findings and rulemakings described in subsection
(c); and
(2) transmit a written summary of the evaluation to the
Committee on Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate;
and
(3) propose rulemakings, as appropriate, in response to the
evaluation required under paragraph (1).
SEC. 6206. SHARING OF THREAT PATTERN AND TREND INFORMATION.
Section 5318(g) of title 31, United States Code, as amended by
section 6202 of this division, is amended by adding at the end the
following:
``(6) Sharing of threat pattern and trend information.--
``(A) Definitions.--In this paragraph--
``(i) the terms `Bank Secrecy Act' and `Federal
functional regulator' have the meanings given the terms in
section 6003 of the Anti-Money Laundering Act of 2020; and
``(ii) the term `typology' means a technique to launder
money or finance terrorism.
``(B) Suspicious activity report activity review.--Not less
frequently than semiannually, the Director of the Financial
Crimes Enforcement Network shall publish threat pattern and
trend information 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.
``(C) Inclusion of typologies.--In each publication
published under subparagraph (B), the Director shall provide
financial institutions and the Federal functional regulators
with typologies, including data that can be adapted in
algorithms if appropriate, relating to emerging money
laundering and terrorist financing threat patterns and trends.
``(7) Rules of construction.--Nothing in this subsection may be
construed as precluding the Secretary of the Treasury from--
``(A) requiring reporting as provided under subparagraphs
(A) and (B) of paragraph (6); or
``(B) notifying a Federal law enforcement agency with
respect to any transaction that the Secretary has determined
directly implicates a national priority established by the
Secretary.''.
SEC. 6207. SUBCOMMITTEE ON INNOVATION AND TECHNOLOGY.
Section 1564 of the Annunzio-Wylie Anti-Money Laundering Act (31
U.S.C. 5311 note) is amended by adding at the end the following:
``(d) Subcommittee on Innovation and Technology.--
``(1) Definitions.--In this subsection, the terms `Bank Secrecy
Act', `State bank supervisor', and `State credit union supervisor'
have the meanings given the terms in section 6003 of the Anti-Money
Laundering Act of 2020.
``(2) Establishment.--There shall be within the Bank Secrecy
Act Advisory Group a subcommittee to be known as the `Subcommittee
on Innovation and Technology' to--
``(A) advise the Secretary of the Treasury regarding means
by which the Department of the Treasury, FinCEN, the Federal
functional regulators, State bank supervisors, and State credit
union supervisors, as appropriate, can most effectively
encourage and support technological innovation in the area of
anti-money laundering and countering the financing of terrorism
and proliferation; and
``(B) reduce, to the extent practicable, obstacles to
innovation that may arise from existing regulations, guidance,
and examination practices related to compliance of financial
institutions with the Bank Secrecy Act.
``(3) Membership.--
``(A) In general.--The subcommittee established under
paragraph (1) shall consist of the representatives of the heads
of the Federal functional regulators, including, as
appropriate, the Bank Secrecy Act Innovation Officers as
established in section 6208 of the Anti-Money Laundering Act of
2020, a representative of State bank supervisors, a
representative of State credit union supervisors,
representatives of a cross-section of financial institutions
subject to the Bank Secrecy Act, law enforcement, FinCEN, and
any other representative as determined by the Secretary of the
Treasury.
``(B) Requirements.--Each agency representative described
in subparagraph (A) shall be an individual who has demonstrated
knowledge and competence concerning the application of the Bank
Secrecy Act.
``(4) Sunset.--
``(A) In general.--Except as provided in subparagraph (B),
the Subcommittee on Innovation and Technology shall terminate
on the date that is 5 years after the date of enactment of this
subsection.
``(B) Exception.--The Secretary of the Treasury may renew
the Subcommittee on Innovation for 1-year periods beginning on
the date that is 5 years after the date of enactment of this
subsection.''.
SEC. 6208. ESTABLISHMENT OF BANK SECRECY ACT INNOVATION OFFICERS.
(a) Appointment of Officers.--Not later than 1 year after the
effective date of the regulations promulgated under subsection (d) of
section 310 of title 31, United States Code, as added by section 6103
of this division, an Innovation Officer shall be appointed within
FinCEN and each Federal functional regulator.
(b) Innovation Officer.--The Innovation Officer shall be appointed
by, and report to, the Director of FinCEN or the head of the Federal
functional regulator, as applicable.
(c) Duties.--Each Innovation Officer, in coordination with other
Innovation Officers and the agencies of the Innovation Officers,
shall--
(1) provide outreach to law enforcement agencies, State bank
supervisors, financial institutions and associations of financial
institutions, agents of financial institutions, and other persons
(including service providers, vendors and technology companies)
with respect to innovative methods, processes, and new technologies
that may assist in compliance with the requirements of the Bank
Secrecy Act;
(2) provide technical assistance or guidance relating to the
implementation of responsible innovation and new technology by
financial institutions and associations of financial institutions,
agents of financial institutions, and other persons (including
service providers, vendors and technology companies), in a manner
that complies with the requirements of the Bank Secrecy Act;
(3) if appropriate, explore opportunities for public-private
partnerships; and
(4) if appropriate, develop metrics of success.
SEC. 6209. TESTING METHODS RULEMAKING.
(a) In General.--Section 5318 of title 31, United States Code is
amended by adding at the end the following:
``(o) 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 with respect to technology and related technology
internal processes designed to facilitate compliance with the
requirements under this subchapter, the standards by which
financial institutions are to test the technology and related
technology internal processes.
``(2) Standards.--The standards described in paragraph (1) may
include--
``(A) an emphasis on using innovative approaches such as
machine learning or other enhanced data analytics processes;
``(B) risk-based testing, oversight, and other risk
management approaches of the regime, prior to and after
implementation, to facilitate calibration of relevant systems
and prudently evaluate and monitor the effectiveness of their
implementation;
``(C) specific criteria for when and how risk-based testing
against existing processes should be considered to test and
validate the effectiveness of relevant systems and situations
and standards for when other risk management processes,
including those developed by or through third party risk and
compliance management systems, and oversight may be more
appropriate;
``(D) specific standards for a risk governance framework
for financial institutions to provide oversight and to
prudently evaluate and monitor systems and testing processes
both pre- and post-implementation;
``(E) requirements for appropriate data privacy and
information security; and
``(F) a requirement that the system configurations,
including any applicable algorithms and any validation of those
configurations used by the regime be disclosed to the Financial
Crimes Enforcement Network and the appropriate Federal
functional regulator upon request.
``(3) Confidentiality of algorithms.--
``(A) In general.--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 algorithms of the financial
institution to a government agency, the algorithms and any
materials associated with the creation or adaption of such
algorithms shall be considered confidential and not subject to
public disclosure.
``(B) Freedom of information act.--Section 552(a)(3) of
title 5 (commonly known as the `Freedom of Information Act')
shall not apply to any request for algorithms described in
subparagraph (A) and any materials associated with the creation
or adaptation of the algorithms.
``(4) Definition.--In this subsection, the term `Federal
functional regulator' means--
``(A) the Board of Governors of the Federal Reserve System;
``(B) the Office of the Comptroller of the Currency;
``(C) the Federal Deposit Insurance Corporation;
``(D) the National Credit Union Administration;
``(E) the Securities and Exchange Commission; and
``(F) the Commodity Futures Trading Commission.''.
(b) Update of Manual.--The Financial Institutions Examination
Council shall ensure that any manual prepared by the Council is--
(1) updated to reflect the rulemaking required by subsection
(o) section 5318 of title 31, United States Code, as added by
subsection (a) of this section; and
(2) consistent with relevant FinCEN and Federal functional
regulator guidance, including the December 2018 Joint Statement on
Innovative Efforts to Combat Money Laundering and Terrorist
Financing.
SEC. 6210. FINANCIAL TECHNOLOGY ASSESSMENT.
(a) In General.--The Secretary, in consultation with financial
regulators, technology experts, national security experts, law
enforcement, and any other group the Secretary determines is
appropriate, shall analyze the impact of financial technology on
financial crimes compliance, including with respect to money
laundering, the financing of terrorism, proliferation finance, serious
tax fraud, trafficking, sanctions evasion, and other illicit finance.
(b) Coordination.--In carrying out the duties required under this
section, the Secretary shall consult with relevant agency officials and
consider other interagency efforts and data relating to examining the
impact of financial technology, including activities conducted by--
(1) cyber security working groups at the Department of the
Treasury;
(2) cyber security experts identified by the Attorney General
and the Secretary of Homeland Security;
(3) the intelligence community; and
(4) the Financial Stability Oversight Council.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs and the Committee on Foreign Relations of
the Senate and the Committee on Financial Services and the Committee on
Foreign Affairs of the House of Representatives a report containing any
findings under subsection (a), including legislative and administrative
recommendations.
SEC. 6211. FINANCIAL CRIMES TECH SYMPOSIUM.
(a) Purpose.--The purposes of this section are to--
(1) promote greater international collaboration in the effort
to prevent and detect financial crimes and suspicious activities;
and
(2) facilitate the investigation, development, and timely
adoption of new technologies aimed at preventing and detecting
financial crimes and other illicit activities.
(b) Periodic Meetings.--The Secretary shall, in coordination with
the Subcommittee on Innovation and Technology established under
subsection (d) of section 1564 of the Annunzio-Wylie Anti-Money
Laundering Act, as added by section 6207 of this division, periodically
convene a global anti-money laundering and financial crime symposium
focused on how new technology can be used to more effectively combat
financial crimes and other illicit activities.
(c) Attendees.--Attendees at each symposium convened under this
section shall include domestic and international financial regulators,
senior executives from regulated firms, technology providers,
representatives from law enforcement and national security agencies,
academic and other experts, and other individuals that the Secretary
determines are appropriate.
(d) Panels.--At each symposium convened under this section, the
Secretary shall convene panels in order to review new technologies and
permit attendees to demonstrate proof of concept.
(e) Implementation and Reports.--The Secretary shall, to the extent
practicable and necessary, work to provide policy clarity, which may
include providing reports or guidance to stakeholders, regarding
innovative technologies and practices presented at each symposium
convened under this section, to the extent that those technologies and
practices further the purposes of this section.
(f) FinCEN Briefing.--Not later than 90 days after the date of
enactment of this Act, the Director of FinCEN shall brief the Committee
on Banking, Housing, and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representatives on the use of
emerging technologies, including--
(1) the status of implementation and internal use of emerging
technologies, including artificial intelligence, digital identity
technologies, distributed ledger technologies, and other innovative
technologies within FinCEN;
(2) whether artificial intelligence, digital identity
technologies, distributed ledger technologies, and other innovative
technologies can be further leveraged to make data analysis by
FinCEN more efficient and effective;
(3) whether FinCEN could better use artificial intelligence,
digital identity technologies, distributed ledger technologies, and
other innovative technologies to--
(A) more actively analyze and disseminate the information
FinCEN collects and stores to provide investigative leads to
Federal, State, Tribal, and local law enforcement agencies and
other Federal agencies; and
(B) better support ongoing investigations by FinCEN when
referring a case to the agencies described in subparagraph (A);
(4) with respect to each of paragraphs (1), (2), and (3), any
best practices or significant concerns identified by the Director,
and their applicability to artificial intelligence, digital
identity technologies, distributed ledger technologies, and other
innovative technologies with respect to United States efforts to
combat money laundering and other forms of illicit finance;
(5) any policy recommendations that could facilitate and
improve communication and coordination between the private sector,
FinCEN, and the agencies described in paragraph (3) through the
implementation of innovative approaches to meet the obligations of
the agencies under the Bank Secrecy Act and anti-money laundering
compliance; and
(6) any other matter the Director determines is appropriate.
SEC. 6212. PILOT PROGRAM ON SHARING OF INFORMATION RELATED TO
SUSPICIOUS ACTIVITY REPORTS WITHIN A FINANCIAL GROUP.
(a) Sharing With Foreign Branches and Affiliates.--Section 5318(g)
of title 31, United States Code, as amended by sections 6202 and 6206
of this division, is amended by adding at the end the following:
``(8) Pilot program on sharing with foreign branches,
subsidiaries, and affiliates.--
``(A) In general.--
``(i) Issuance of rules.--Not later than 1 year after
the date of enactment of this paragraph, the Secretary of
the Treasury shall issue rules, in coordination with the
Director of the Financial Crimes Enforcement Network,
establishing the pilot program described in subparagraph
(B).
``(ii) Considerations.--In issuing the rules required
under clause (i), the Secretary shall ensure that the
sharing of information described in subparagraph (B)--
``(I) is limited by the requirements of Federal and
State law enforcement operations;
``(II) takes into account potential concerns of the
intelligence community; and
``(III) is subject to appropriate standards and
requirements regarding data security and the
confidentiality of personally identifiable information.
``(B) Pilot program described.--The pilot program described
in this paragraph shall--
``(i) permit a financial institution with a reporting
obligation under this subsection to share information
related to reports under this subsection, including that
such a report has been filed, with the institution's
foreign branches, subsidiaries, and affiliates for the
purpose of combating illicit finance risks, notwithstanding
any other provision of law except subparagraph (A) or (C);
``(ii) permit the Secretary to consider, implement, and
enforce provisions that would hold a foreign affiliate of a
United States financial institution liable for the
disclosure of information related to reports under this
section;
``(iii) terminate on the date that is 3 years after the
date of enactment of this paragraph, except that the
Secretary of the Treasury may extend the pilot program for
not more than 2 years upon submitting to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives a report that includes--
``(I) a certification that the extension is in the
national interest of the United States, with a detailed
explanation of the reasons that the extension is in the
national interest of the United States;
``(II) after appropriate consultation by the
Secretary with participants in the pilot program, 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 activities under the pilot
program, measures to ensure data security, and
confidentiality of personally identifiable information,
including expected budgetary resources for those
activities, if the Secretary of the Treasury determines
that a long-term extension is appropriate.
``(C) Prohibition involving certain jurisdictions.--
``(i) In general.--In issuing the rules required under
subparagraph (A), the Secretary of the Treasury 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--
``(aa) is a state sponsor of terrorism;
``(bb) is subject to sanctions imposed by the
Federal Government; or
``(cc) the Secretary has determined cannot
reasonably protect the security and confidentiality
of such information.
``(ii) Exceptions.--The Secretary is authorized to make
exceptions, on a case-by-case basis, for a financial
institution located in a jurisdiction listed in subclause
(I) or (II) of clause (i), if the Secretary notifies the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives that such an exception is in the
national security interest of the United States.
``(D) Implementation updates.--Not later than 360 days
after the date on which rules are issued under subparagraph
(A), and annually thereafter for 3 years, the Secretary of the
Treasury, or the designee of the Secretary, shall brief the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives 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 that
effectiveness; and
``(iii) any recommendations to amend the design of the
pilot program.
``(9) Treatment of foreign jurisdiction-originated reports.--
Information related to 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
in paragraph (1).
``(10) No offshoring compliance.--No financial institution may
establish or maintain any operation located outside of the United
States the primary purpose of which is to ensure compliance with
the Bank Secrecy Act as a result of the sharing granted under this
subsection.
``(11) Definitions.--In this subsection:
``(A) Affiliate.--The term `affiliate' means an entity that
controls, is controlled by, or is under common control with
another entity.
``(B) Bank secrecy act; state bank supervisor; state credit
union supervisor.--The terms `Bank Secrecy Act', `State bank
supervisor', and `State credit union supervisor' have the
meanings given the terms in section 6003 of the Anti-Money
Laundering Act of 2020.''.
(b) Notification Prohibitions.--Section 5318(g)(2)(A) of title 31,
United States Code, is amended--
(1) in clause (i), by inserting ``or otherwise reveal any
information that would reveal that the transaction has been
reported,'' after ``transaction has been reported''; and
(2) in clause (ii), by inserting ``or otherwise reveal any
information that would reveal that the transaction has been
reported,'' after ``transaction has been reported,''.
SEC. 6213. SHARING OF COMPLIANCE RESOURCES.
(a) In General.--Section 5318 of title 31, United States Code, as
amended by section 6209 of this division, is amended by adding at the
end the following:
``(p) Sharing of Compliance Resources.--
``(1) Sharing permitted.--In order to more efficiently comply
with the requirements of this subchapter, 2 or more financial
institutions may enter into collaborative arrangements, as
described in the statement entitled `Interagency Statement on
Sharing Bank Secrecy Act Resources', published on October 3, 2018,
by the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the Financial Crimes
Enforcement Network, the National Credit Union Administration, and
the Office of the Comptroller of the Currency.
``(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 collaborative
arrangements described in paragraph (1).''.
(b) Rule of Construction.--The amendment made by subsection (a) may
not be construed to require financial institutions to share resources.
SEC. 6214. ENCOURAGING INFORMATION SHARING AND PUBLIC-PRIVATE
PARTNERSHIPS.
(a) In General.--The Secretary shall convene a supervisory team of
relevant Federal agencies, private sector experts in banking, national
security, and law enforcement, and other stakeholders to examine
strategies to increase cooperation between the public and private
sectors for purposes of countering illicit finance, including
proliferation finance and sanctions evasion.
(b) Meetings.--The supervisory team convened under subsection (a)
shall meet periodically to advise on strategies to combat the risk
relating to proliferation financing.
(c) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the supervisory team convened
under subsection (a) or to the activities of the supervisory team.
SEC. 6215. FINANCIAL SERVICES DE-RISKING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) providing vital humanitarian and development assistance and
protecting the integrity of the international financial system are
complementary goals;
(2) nonprofit organizations based in the United States with
international activities often face difficulties with financial
access, most commonly the inability to send funds internationally
through transparent, regulated financial channels;
(3) without access to timely and predictable banking services,
nonprofit organizations, including international development
organizations, cannot carry out essential humanitarian activities
critical to the survival of those in affected communities;
(4) similar access issues are a concern for other underserved
individuals and entities such as those sending remittances from the
United States to their families overseas and certain domestic and
overseas jurisdictions that have experienced curtailed access to
cross-border financial services due, in part, to de-risking;
(5) the financial exclusion caused by de-risking can ultimately
drive money into less transparent, shadow channels through the
carrying of cash or use of unlicensed or unregistered money service
remitters, thus reducing transparency and traceability, which are
critical for financial integrity, and can increase the risk of
money falling into the wrong hands;
(6) effective measures are needed to stop the flow of illicit
funds and promote the goals of anti-money laundering and countering
the financing of terrorism and sanctions regimes;
(7) anti-money laundering, countering the financing of
terrorism, and sanctions policies are needed that do not unduly
hinder or delay the efforts of legitimate humanitarian
organizations in providing assistance to--
(A) meet the needs of civilians facing a humanitarian
crisis, including enabling governments and humanitarian
organizations to provide them with timely access to food,
health, and medical care, shelter, and clean drinking water;
and
(B) prevent or alleviate human suffering, in keeping with
requirements of international humanitarian law;
(8) anti-money laundering, countering the financing of
terrorism, and sanctions policies must ensure that the policies do
not unduly hinder or delay legitimate access to the international
financial system for underserved individuals, entities, and
geographic areas;
(9) policies that ensure that incidental, inadvertent benefits
that may indirectly benefit a designated group in the course of
delivering life-saving aid to civilian populations are not the
primary focus of Federal Government enforcement efforts;
(10) policies that encourage financial inclusion, particularly
of underserved populations, must remain a priority; and
(11) laws, regulations, policies, guidance, and other measures
that ensure the integrity of the financial system through a risk-
based approach should be prioritized.
(b) GAO De-risking Analysis.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct an analysis and submit to Congress a report on
financial services de-risking.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) rely substantially on information obtained through
prior de-risking analyses conducted by the Comptroller General
of the United States;
(B) consider the many drivers of de-risking as identified
by the Financial Action Task Force, including profitability,
reputational risk, lower risk appetites of banks, regulatory
burdens and unclear expectations, and sanctions regimes; and
(C) identify options for financial institutions handling
transactions or accounts for high-risk categories of clients
and for minimizing the negative effects of anti-money
laundering and countering the financing of terrorism
requirements on such individuals and entities and on certain
high-risk geographic jurisdictions, without compromising the
effectiveness of Federal anti-money laundering and countering
the financing of terrorism requirements.
(c) Review of De-risking.--
(1) Definition.--In this subsection, the term ``de-risking''
means actions taken by a financial institution to terminate, fail
to initiate, or restrict a business relationship with a customer,
or a category of customers, rather than manage the risk associated
with that relationship consistent with risk-based supervisory or
regulatory requirements, due to drivers such as profitability,
reputational risk, lower risk appetites of banks, regulatory
burdens or unclear expectations, and sanctions regimes.
(2) Review.--Upon completion of the analysis required under
subsection (b), the Secretary, in consultation with the Federal
functional regulators, State bank supervisors, State credit union
supervisors, and appropriate public- and private-sector
stakeholders shall--
(A) undertake a formal review of the financial institution
reporting requirements, as in effect on the date of enactment
of this Act, including the processes used to submit reports
under the Bank Secrecy Act, regulations implementing the Bank
Secrecy Act, examination standards related to the Bank Secrecy
Act, and related guidance; and
(B) propose changes, as appropriate, to those requirements
and examination standards described in paragraph (1) to reduce
any unnecessarily burdensome regulatory requirements and ensure
that the information provided fulfills the purpose described in
section 5311 of title 31, United States Code, as amended by
this division.
(3) Contents.--The review required under paragraph (2) shall--
(A) rely substantially on information obtained through the
de-risking analyses conducted by the Comptroller General of the
United States; and
(B) consider--
(i) any adverse consequence of financial institutions
de-risking entire categories of relationships, including
charities, embassy accounts, money services businesses, as
defined in section 1010.100 of title 31, Code of Federal
Regulations, or a successor regulation, agents of the
financial institutions, countries, international and
domestic regions, and respondent banks;
(ii) the reasons why financial institutions are
engaging in de-risking, including the role of domestic and
international regulations, standards, and examinations;
(iii) the association with and effects of de-risking on
money laundering and financial crime actors and activities;
(iv) 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--
(I) more effectively tailor Federal actions and
penalties to the size of foreign financial institutions
and any capacity limitations of foreign governments;
and
(II) reduce compliance costs that may lead to the
adverse consequences described in clause (i);
(v) formal and informal feedback provided by examiners
that may have led to de-risking;
(vi) the relationship between resources dedicated to
compliance and overall sophistication of compliance efforts
at entities that may be experiencing de-risking, especially
compared to those that have not experienced de-risking;
(vii) best practices from the private sector that
facilitate correspondent banking relationships; and
(viii) other matters that the Secretary determines are
appropriate.
(4) Strategy on de-risking.--Upon the completion of the review
required under this subsection, the Secretary of the Treasury, in
consultation with the Federal functional regulators, State bank
supervisors, State credit union supervisors, and appropriate
public- and private-sector stakeholders, shall develop a strategy
to reduce de-risking and adverse consequences related to de-
risking.
(5) Report.--Not later than 1 year after the completion of the
analysis required under subsection (b), the Secretary 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--
(A) all findings and determinations made in carrying out
the review required under this subsection; and
(B) the strategy developed under paragraph (4).
SEC. 6216. REVIEW OF REGULATIONS AND GUIDANCE.
(a) In General.--The Secretary, in consultation with the Federal
functional regulators, the Financial Institutions Examination Council,
the Attorney General, Federal law enforcement agencies, the Director of
National Intelligence, the Secretary of Homeland Security, and the
Commissioner of Internal Revenue, shall--
(1) undertake a formal review of the regulations implementing
the Bank Secrecy Act and guidance related to that Act--
(A) to ensure the Department of the Treasury provides, on a
continuing basis, for appropriate safeguards to protect the
financial system from threats, including money laundering and
the financing of terrorism and proliferation, to national
security posed by various forms of financial crime;
(B) to ensure that those provisions will continue to
require certain reports or records that are highly useful in
countering financial crime; and
(C) to identify those regulations and guidance that--
(i) may be outdated, redundant, or otherwise do not
promote a risk-based anti-money laundering compliance and
countering the financing of terrorism regime for financial
institutions; or
(ii) do not conform with the commitments of the United
States to meet international standards to combat money
laundering, financing of terrorism, serious tax fraud, or
other financial crimes; and
(2) make appropriate changes to the regulations and guidance
described in paragraph (1) to improve, as appropriate, the
efficiency of those provisions.
(b) Public Comment.--The Secretary shall solicit public comment as
part of the review required under subsection (a).
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in consultation with the Financial
Institutions Examination Council, the Federal functional regulators,
the Attorney General, Federal law enforcement agencies, the Director of
National Intelligence, the Secretary of Homeland Security, and the
Commissioner of Internal Revenue, shall submit to Congress a report
that contains all findings and determinations made in carrying out the
review required under subsection (a), including administrative or
legislative recommendations.
TITLE LXIII--IMPROVING ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM COMMUNICATION, OVERSIGHT, AND PROCESSES
Sec. 6301. Improved interagency coordination and consultation.
Sec. 6302. Subcommittee on Information Security and Confidentiality.
Sec. 6303. Establishment of Bank Secrecy Act Information Security
Officers.
Sec. 6304. FinCEN analytical hub.
Sec. 6305. Assessment of Bank Secrecy Act no-action letters.
Sec. 6306. Cooperation with law enforcement.
Sec. 6307. Training for examiners on anti-money laundering and
countering the financing of terrorism.
Sec. 6308. Obtaining foreign bank records from banks with United States
correspondent accounts.
Sec. 6309. Additional damages for repeat Bank Secrecy Act violators.
Sec. 6310. Certain violators barred from serving on boards of United
States financial institutions.
Sec. 6311. Department of Justice report on deferred and non-prosecution
agreements.
Sec. 6312. Return of profits and bonuses.
Sec. 6313. Prohibition on concealment of the source of assets in
monetary transactions.
Sec. 6314. Updating whistleblower incentives and protection.
SEC. 6301. IMPROVED INTERAGENCY COORDINATION AND CONSULTATION.
Section 5318 of title 31, United States Code, as amended by
sections 6209 and 6213(a) of this division, is amended by adding at the
end the following:
``(q) Interagency Coordination and Consultation.--
``(1) In general.--The Secretary of the Treasury shall, as
appropriate, invite an appropriate State bank supervisor and an
appropriate State credit union supervisor to participate in the
interagency consultation and coordination with the Federal
depository institution regulators regarding the development or
modification of any rule or regulation carrying out this
subchapter.
``(2) Rules of construction.--Nothing in this subsection may be
construed to--
``(A) affect, modify, or limit the discretion of the
Secretary of the Treasury with respect to the methods or forms
of interagency consultation and coordination; or
``(B) require the Secretary of the Treasury or a Federal
depository institution regulator to coordinate or consult with
an appropriate State bank supervisor or to invite such
supervisor to participate in interagency consultation and
coordination with respect to a matter, including a rule or
regulation, specifically affecting only Federal depository
institutions or Federal credit unions.
``(3) Definitions.--In this subsection:
``(A) Appropriate state bank supervisor.--The term
`appropriate State bank supervisor' means the Chairman or
members of the State Liaison Committee of the Financial
Institutions Examination Council.
``(B) Appropriate state credit union supervisor.--The term
`appropriate State credit union supervisor' means the Chairman
or members of the State Liaison Committee of the Financial
Institutions Examination Council.
``(C) Federal credit union.--The term `Federal credit
union' has the meaning given the term in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752).
``(D) Federal depository institution.--The term `Federal
depository institution' has the meaning given the term in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
``(E) Federal depository institution regulators.--The term
`Federal depository institution regulator' means a member of
the Financial Institutions Examination Council to which is
delegated any authority of the Secretary under subsection
(a)(1).''.
SEC. 6302. SUBCOMMITTEE ON INFORMATION SECURITY AND CONFIDENTIALITY.
Section 1564 of the Annunzio-Wylie Anti-Money Laundering Act (31
U.S.C. 5311 note), as amended by section 6207 of this division, is
amended by adding at the end the following:
``(e) Subcommittee on Information Security and Confidentiality.--
``(1) In general.--There shall be within the Bank Secrecy Act
Advisory Group a subcommittee to be known as the Subcommittee on
Information Security and Confidentiality (in this subsection
referred to as the `Subcommittee') to advise the Secretary of the
Treasury regarding the information security and confidentiality
implications of regulations, guidance, information sharing
programs, and the examination for compliance with and enforcement
of the provisions of the Bank Secrecy Act.
``(2) Membership.--
``(A) In general.--The Subcommittee shall consist of the
representatives of the heads of the Federal functional
regulators, including, as appropriate, the Bank Secrecy Act
Information Security Officers as established in section 6303 of
the Anti-Money Laundering Act of 2020, and representatives from
financial institutions subject to the Bank Secrecy Act, law
enforcement, FinCEN, and any other representatives as
determined by the Secretary of the Treasury.
``(B) Requirements.--Each agency representative described
in subparagraph (A) shall be an individual who has demonstrated
knowledge and competence concerning the application of the Bank
Secrecy Act and familiarity with and expertise in applicable
laws.
``(3) Sunset.--
``(A) In general.--Except as provided in subparagraph (B),
the Subcommittee shall terminate on the date that is 5 years
after the date of enactment of this subsection.
``(B) Exception.--The Secretary of the Treasury may renew
the Subcommittee for 1-year periods beginning on the date that
is 5 years after the date of enactment of this subsection.
``(f) Definitions.--In this section:
``(1) Bank secrecy act.--The term `Bank Secrecy Act' has the
meaning given the term in section 6003 of the Anti-Money Laundering
Act of 2020.
``(2) Federal functional regulator.--The term `Federal
functional regulator' has the meaning given the term in section 509
of the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
``(3) FinCEN.--The term `FinCEN' means the Financial Crimes
Enforcement Network of the Department of the Treasury.
``(4) Financial institution.--The term `financial institution'
has the meaning given the term in section 5312 of title 31, United
States Code.
``(5) State credit union supervisor.--The term `State credit
union supervisor' means a State official described in section
107A(e) of the Federal Credit Union Act (12 U.S.C. 1757a(e)).''.
SEC. 6303. ESTABLISHMENT OF BANK SECRECY ACT INFORMATION SECURITY
OFFICERS.
(a) Appointment of Officers.--Not later than 1 year after the
effective date of the regulations promulgated under subsection (d) of
section 310 of title 31, United States Code, as added by section 6103
of this division, a Bank Secrecy Act Information Security Officer shall
be appointed, from among individuals with expertise in Federal
information security or privacy laws or Bank Secrecy Act disclosure
policies and procedures--
(1) within each Federal functional regulator, by the head of
the Federal functional regulator;
(2) within FinCEN, by the Director of FinCEN; and
(3) within the Internal Revenue Service, by the Secretary.
(b) Duties.--Each Bank Secrecy Act Information Security Officer
shall, with respect to the applicable regulator, bureau, or Center
within which the Officer is located--
(1) be consulted each time Bank Secrecy Act regulations
affecting information security or disclosure of Bank Secrecy Act
information are developed or reviewed;
(2) be consulted on information-sharing policies under the Bank
Secrecy Act, including those that allow financial institutions to
share information with each other and foreign affiliates, and those
that allow Federal agencies to share with regulated entities;
(3) be consulted on coordination and clarity between proposed
Bank Secrecy Act regulations and information security and
confidentiality requirements, including with respect to the
reporting of suspicious transactions under section 5318(g) of title
31, United States Code;
(4) be consulted on--
(A) the development of new technologies that may strengthen
information security and compliance with the Bank Secrecy Act;
and
(B) the protection of information collected by each Federal
functional regulator under the Bank Secrecy Act; and
(5) develop metrics of program success.
SEC. 6304. FINCEN ANALYTICAL HUB.
Section 310 of title 31, United States Code, as amended by sections
6103, 6105, 6107, 6108, and 6109 of this division, is amended by
inserting after subsection (i) the following:
``(j) Analytical Experts.--
``(1) In general.--FinCEN shall maintain financial experts
capable of identifying, tracking, and tracing money laundering and
terrorist-financing networks in order to conduct and support civil
and criminal anti-money laundering and countering the financing of
terrorism investigations conducted by the United States Government.
``(2) FinCEN analytical hub.--FinCEN, upon a reasonable request
from a Federal agency, shall, in collaboration with the requesting
agency and the appropriate Federal functional regulator, analyze
the potential anti-money laundering and countering the financing of
terrorism activity that prompted the request.
``(k) Definitions.--In this section:
``(1) Bank secrecy act.--The term `Bank Secrecy Act' has the
meaning given the term in section 6003 of the Anti-Money Laundering
Act of 2020.
``(2) Federal functional regulator.--The term `Federal
functional regulator' has the meaning given the term in section 509
of the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
``(3) Financial institution.--The term `financial institution'
has the meaning given the term in section 5312 of this title.
``(4) State bank supervisor.--The term `State bank supervisor'
has the meaning given the term in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813).
``(5) State credit union supervisor.--The term `State credit
union supervisor' means a State official described in section
107A(e) of the Federal Credit Union Act (12 U.S.C. 1757a(e)).''.
SEC. 6305. ASSESSMENT OF BANK SECRECY ACT NO-ACTION LETTERS.
(a) Assessment.--
(1) In general.--The Director, in consultation with the
Attorney General, the Federal functional regulators, State bank
supervisors, State credit union supervisors, and other Federal
agencies, as appropriate, shall conduct an assessment on whether to
establish a process for the issuance of no-action letters by FinCEN
in response to inquiries from persons concerning the application of
the Bank Secrecy Act, the USA PATRIOT Act (Public Law 107-56; 115
Stat. 272), section 8(s) of the Federal Deposit Insurance Act (12
U.S.C. 1818(s)), or any other anti-money laundering or countering
the financing of terrorism law (including regulations) to specific
conduct, including a request for a statement as to whether FinCEN
or any relevant Federal functional regulator intends to take an
enforcement action against the person with respect to such conduct.
(2) Analysis.--The assessment required under paragraph (1)
shall include an analysis of--
(A) a timeline for the process used to reach a final
determination by FinCEN, in consultation with the relevant
Federal functional regulators, in response to a request by a
person for a no-action letter;
(B) whether improvements in current processes are
necessary;
(C) whether a formal no-action letter process would help to
mitigate or accentuate illicit finance risks in the United
States; and
(D) any other matter the Secretary determines is
appropriate.
(b) Report and Rulemakings.--Not later than 180 days after the date
of enactment of this Act, the Secretary, in coordination with the
Director of the Federal Bureau of Investigation, the Attorney General,
the Secretary of Homeland Security, and the Federal functional
regulators, shall--
(1) submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services of
the House of Representatives a report that contains all findings
and determinations made in carrying out the assessment required
under subsection (a); and
(2) propose rulemakings, if appropriate, to implement the
findings and determinations described in paragraph (1).
SEC. 6306. COOPERATION WITH LAW ENFORCEMENT.
(a) In General.--
(1) Amendment to title 31.--Subchapter II of chapter 53 of
title 31, United States Code, is amended by adding at the end the
following:
``Sec. 5333. Safe harbor with respect to keep open directives
``(a) In General.--With respect to a customer account or customer
transaction of a financial institution, if a Federal law enforcement
agency, after notifying FinCEN of the intent to submit a written
request to the financial institution that the financial institution
keep that account or transaction open (referred to in this section as a
`keep open request'), or if a State, Tribal, or local law enforcement
agency with the concurrence of FinCEN submits a keep open request--
``(1) the financial institution shall not be liable under this
subchapter for maintaining that account or transaction consistent
with the parameters and timing of the request; and
``(2) no Federal or State department or agency may take any
adverse supervisory action under this subchapter with respect to
the financial institution solely for maintaining that account or
transaction consistent with the parameters of the request.
``(b) Rule of Construction.--Nothing in this section may be
construed--
``(1) to prevent a Federal or State department or agency from
verifying the validity of a keep open request submitted under
subsection (a) with the law enforcement agency submitting that
request;
``(2) to relieve a financial institution from complying with
any reporting requirements or any other provisions of this
subchapter, including the reporting of suspicious transactions
under section 5318(g); or
``(3) to extend the safe harbor described in subsection (a) to
any actions taken by the financial institution--
``(A) before the date of the keep open request to maintain
a customer account; or
``(B) after the termination date stated in the keep open
request.
``(c) Letter Termination Date.--For the purposes of this section,
any keep open request submitted under subsection (a) shall include a
termination date after which that request shall no longer apply.
``(d) Record Keeping.--Any Federal, State, Tribal, or local law
enforcement agency that submits to a financial institution a keep open
request shall, not later than 2 business days after the date on which
the request is submitted to the financial institution--
``(1) submit to FinCEN a copy of the request; and
``(2) alert FinCEN as to whether the financial institution has
implemented the request.
``(e) Guidance.--The Secretary of the Treasury, in consultation
with the Attorney General and Federal, State, Tribal, and local law
enforcement agencies, shall issue guidance on the required elements of
a keep open request.''.
(2) Amendment to public law 91-508.--Chapter 2 of title I of
Public Law 91-508 (12 U.S.C. 1951 et seq.) is amended by adding at
the end the following:
``Sec. 130. Safe harbor with respect to keep open directives
``(a) Definition.--In this section, the term `financial
institution' means an entity to which section 123(b) applies.
``(b) Safe Harbor.--With respect to a customer account or customer
transaction of a financial institution, if a Federal law enforcement
agency, after notifying FinCEN of the intent to submit a written
request to the financial institution that the financial institution
keep that account or transaction open (referred to in this section as a
`keep open request'), or if a State, Tribal, or local law enforcement
agency with the concurrence of FinCEN submits a keep open request--
``(1) the financial institution shall not be liable under this
chapter for maintaining that account or transaction consistent with
the parameters and timing of the request; and
``(2) no Federal or State department or agency may take any
adverse supervisory action under this chapter with respect to the
financial institution solely for maintaining that account or
transaction consistent with the parameters of the request.
``(c) Rule of Construction.--Nothing in this section may be
construed--
``(1) to prevent a Federal or State department or agency from
verifying the validity of a keep open request submitted under
subsection (b) with the law enforcement agency submitting that
request;
``(2) to relieve a financial institution from complying with
any reporting requirements, including the reporting of suspicious
transactions under section 5318(g) of title 31, United States Code;
or
``(3) to extend the safe harbor described in subsection (b) to
any actions taken by the financial institution--
``(A) before the date of the keep open request to maintain
a customer account; or
``(B) after the termination date stated in the keep open
request.
``(d) Letter Termination Date.--For the purposes of this section,
any keep open request submitted under subsection (b) shall include a
termination date after which that request shall no longer apply.
``(e) Record Keeping.--Any Federal, State, Tribal, or local law
enforcement agency that submits to a financial institution a keep open
request shall, not later than 2 business days after the date on which
the request is submitted to the financial institution--
``(1) submit to FinCEN a copy of the request; and
``(2) alert FinCEN as to whether the financial institution has
implemented the request.''.
(b) Clerical Amendments.--
(1) Title 31.--The table of sections for chapter 53 of title
31, United States Code, is amended by inserting after the item
relating to section 5332 the following:
``5333. Safe harbor with respect to keep open directives.''.
(2) Public law 91-508.--The table of sections for chapter 2 of
title I of Public Law 91-508 (12 U.S.C. 1951 et seq.) is amended by
adding at the end the following:
``130. Safe harbor with respect to keep open directives.''.
SEC. 6307. TRAINING FOR EXAMINERS ON ANTI-MONEY LAUNDERING AND
COUNTERING THE FINANCING OF TERRORISM.
(a) In General.--Subchapter II of chapter 53 of title 31, United
States Code, as amended by section 6306(a)(1) of this division, is
amended by adding at the end the following:
``Sec. 5334. Training regarding anti-money laundering and countering
the financing of terrorism
``(a) Training Requirement.--Each Federal examiner reviewing
compliance with the Bank Secrecy Act, as defined in section 6003 of the
Anti-Money Laundering Act of 2020, shall attend appropriate annual
training, as determined by the Secretary of the Treasury, relating to
anti-money laundering activities and countering the financing of
terrorism, including with respect to--
``(1) potential risk profiles and warning signs that an
examiner may encounter during examinations;
``(2) financial crime patterns and trends;
``(3) the high-level context for why anti-money laundering and
countering the financing of terrorism programs are necessary for
law enforcement agencies and other national security agencies and
what risks those programs seek to mitigate; and
``(4) de-risking and the effect of de-risking on the provision
of financial services.
``(b) Training Materials and Standards.--The Secretary of the
Treasury shall, in consultation with the Financial Institutions
Examination Council, the Financial Crimes Enforcement Network, and
Federal, State, Tribal, and local law enforcement agencies, establish
appropriate training materials and standards for use in the training
required under subsection (a).''.
(b) Clerical Amendment.--The table of sections for chapter 53 of
title 31, United States Code, as amended by section 6306(b)(1) of this
division, is amended by adding at the end the following:
``5334. Training regarding anti-money laundering and countering the
financing of terrorism.''.
SEC. 6308. OBTAINING FOREIGN BANK RECORDS FROM BANKS WITH UNITED STATES
CORRESPONDENT ACCOUNTS.
(a) Grand Jury and Trial Subpoenas.--Section 5318(k) of title 31,
United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (B) as subparagraph (C);
and
(B) by inserting after subparagraph (A) the following:
``(B) Covered financial institution.--The term `covered
financial institution' means an institution referred to in
subsection (j)(1).''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Foreign bank records.--
``(A) Subpoena of records.--
``(i) In general.--Notwithstanding subsection (b), the
Secretary of the Treasury or the Attorney General may issue
a subpoena to any foreign bank that maintains a
correspondent account in the United States and request any
records relating to the correspondent account or any
account at the foreign bank, including records maintained
outside of the United States, that are the subject of--
``(I) any investigation of a violation of a
criminal law of the United States;
``(II) any investigation of a violation of this
subchapter;
``(III) a civil forfeiture action; or
``(IV) an investigation pursuant to section 5318A.
``(ii) Production of records.--The foreign bank on
which a subpoena described in clause (i) is served shall
produce all requested records and authenticate all
requested records with testimony in the manner described
in--
``(I) rule 902(12) of the Federal Rules of
Evidence; or
``(II) section 3505 of title 18.
``(iii) Issuance and service of subpoena.--A subpoena
described in clause (i)--
``(I) shall designate--
``(aa) a return date; and
``(bb) the judicial district in which the
related investigation is proceeding; and
``(II) may be served--
``(aa) in person;
``(bb) by mail or fax in the United States if
the foreign bank has a representative in the United
States; or
``(cc) if applicable, in a foreign country
under any mutual legal assistance treaty,
multilateral agreement, or other request for
international legal or law enforcement assistance.
``(iv) Relief from subpoena.--
``(I) In general.--At any time before the return
date of a subpoena described in clause (i), the foreign
bank on which the subpoena is served may petition the
district court of the United States for the judicial
district in which the related investigation is
proceeding, as designated in the subpoena, to modify or
quash--
``(aa) the subpoena; or
``(bb) the prohibition against disclosure
described in subparagraph (C).
``(II) Conflict with foreign secrecy or
confidentiality.--An assertion that compliance with a
subpoena described in clause (i) would conflict with a
provision of foreign secrecy or confidentiality law
shall not be a sole basis for quashing or modifying the
subpoena.
``(B) Acceptance of service.--
``(i) Maintaining records in the united states.--Any
covered financial institution that maintains a
correspondent account in the United States for a foreign
bank shall maintain records in the United States
identifying--
``(I) the owners of record and the beneficial
owners of the foreign bank; and
``(II) the name and address of a person who--
``(aa) resides in the United States; and
``(bb) is authorized to accept service of legal
process for records covered under this subsection.
``(ii) Law enforcement request.--Upon receipt of a
written request from a Federal law enforcement officer for
information required to be maintained under this paragraph,
a covered financial institution shall provide the
information to the requesting officer not later than 7 days
after receipt of the request.
``(C) Nondisclosure of subpoena.--
``(i) In general.--No officer, director, partner,
employee, or shareholder of, or agent or attorney for, a
foreign bank on which a subpoena is served under this
paragraph shall, directly or indirectly, notify any account
holder involved or any person named in the subpoena issued
under subparagraph (A)(i) and served on the foreign bank
about the existence or contents of the subpoena.
``(ii) Damages.--Upon application by the Attorney
General for a violation of this subparagraph, a foreign
bank on which a subpoena is served under this paragraph
shall be liable to the United States Government for a civil
penalty in an amount equal to--
``(I) double the amount of the suspected criminal
proceeds sent through the correspondent account of the
foreign bank in the related investigation; or
``(II) if no such proceeds can be identified, not
more than $250,000.
``(D) Enforcement.--
``(i) In general.--If a foreign bank fails to obey a
subpoena issued under subparagraph (A)(i), the Attorney
General may invoke the aid of the district court of the
United States for the judicial district in which the
investigation or related proceeding is occurring to compel
compliance with the subpoena.
``(ii) Court orders and contempt of court.--A court
described in clause (i) may--
``(I) issue an order requiring the foreign bank to
appear before the Secretary of the Treasury or the
Attorney General to produce--
``(aa) certified records, in accordance with--
``(AA) rule 902(12) of the Federal Rules of
Evidence; or
``(BB) section 3505 of title 18; or
``(bb) testimony regarding the production of
the certified records; and
``(II) punish any failure to obey an order issued
under subclause (I) as contempt of court.
``(iii) Service of process.--All process in a case
under this subparagraph shall be served on the foreign bank
in the same manner as described in subparagraph (A)(iii).
``(E) Termination of correspondent relationship.--
``(i) Termination upon receipt of notice.--A covered
financial institution shall terminate any correspondent
relationship with a foreign bank not later than 10 business
days after the date on which the covered financial
institution receives written notice from the Secretary of
the Treasury or the Attorney General if, after consultation
with the other, the Secretary of the Treasury or the
Attorney General, as applicable, determines that the
foreign bank has failed--
``(I) to comply with a subpoena issued under
subparagraph (A)(i); or
``(II) to prevail in proceedings before--
``(aa) the appropriate district court of the
United States after challenging a subpoena
described in subclause (I) under subparagraph
(A)(iv)(I); or
``(bb) a court of appeals of the United States
after appealing a decision of a district court of
the United States under item (aa).
``(ii) Limitation on liability.--A covered financial
institution shall not be liable to any person in any court
or arbitration proceeding for--
``(I) terminating a correspondent relationship
under this subparagraph; or
``(II) complying with a nondisclosure order under
subparagraph (C).
``(iii) Failure to terminate relationship or failure to
comply with a subpoena.--
``(I) Failure to terminate relationship.--A covered
financial institution that fails to terminate a
correspondent relationship under clause (i) shall be
liable for a civil penalty in an amount that is not
more than $25,000 for each day that the covered
financial institution fails to terminate the
relationship.
``(II) Failure to comply with a subpoena.--
``(aa) In general.--Upon failure to comply with
a subpoena under subparagraph (A)(i), a foreign
bank may be liable for a civil penalty assessed by
the issuing agency in an amount that is not more
than $50,000 for each day that the foreign bank
fails to comply with the terms of a subpoena.
``(bb) Additional penalties.--Beginning after
the date that is 60 days after a foreign bank fails
to comply with a subpoena under subparagraph
(A)(i), the Secretary of the Treasury or the
Attorney General may seek additional penalties and
compel compliance with the subpoena in the
appropriate district court of the United States.
``(cc) Venue for relief.--A foreign bank may
seek review in the appropriate district court of
the United States of any penalty assessed under
this clause and the issuance of a subpoena under
subparagraph (A)(i).
``(F) Enforcement of civil penalties.--Upon application by
the United States, any funds held in the correspondent account
of a foreign bank that is maintained in the United States with
a covered financial institution may be seized by the United
States to satisfy any civil penalties that are imposed--
``(i) under subparagraph (C)(ii);
``(ii) by a court for contempt under subparagraph (D);
or
``(iii) under subparagraph (E)(iii)(II).''.
(b) Fair Credit Reporting Act Amendment.--Section 604(a)(1) of the
Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is amended--
(1) by striking ``, or a'' and inserting ``, a''; and
(2) by inserting ``, or a subpoena issued in accordance with
section 5318 of title 31, United States Code, or section 3486 of
title 18, United States Code'' after ``grand jury''.
(c) Obstruction of Justice.--Section 1510(b)(3)(B) of title 18,
United States Code, is amended--
(1) in the matter preceding clause (i), by striking ``or a
Department of Justice subpoena (issued under section 3486 of title
18)'' and inserting ``, a subpoena issued under section 3486 of
this title, or an order or subpoena issued in accordance with
section 3512 of this title, section 5318 of title 31, or section
1782 of title 28''; and
(2) in clause (i), by inserting ``, 1960, an offense against a
foreign nation constituting specified unlawful activity under
section 1956, a foreign offense for which enforcement of a foreign
forfeiture judgment could be brought under section 2467 of title
28'' after ``1957''.
(d) Right to Financial Privacy Act.--Section 1120(b)(1)(A) of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3420(b)(1)(A)) is
amended--
(1) by striking ``or 1957 of title 18'' and inserting ``, 1957,
or 1960 of title 18, United States Code''; and
(2) by striking ``and 5324 of title 31'' and inserting ``,
5322, 5324, 5331, and 5332 of title 31, United States Code''.
SEC. 6309. ADDITIONAL DAMAGES FOR REPEAT BANK SECRECY ACT VIOLATORS.
Section 5321 of title 31, United States Code, is amended by adding
at the end the following:
``(f) Additional Damages for Repeat Violators.--
``(1) In general.--In addition to any other fines permitted
under this section and section 5322, with respect to a person who
has previously violated a provision of (or rule issued under) this
subchapter, section 21 of the Federal Deposit Insurance Act (12
U.S.C. 1829b), or section 123 of Public Law 91-508 (12 U.S.C.
1953), the Secretary of the Treasury, if practicable, may impose an
additional civil penalty against such person for each additional
such violation in an amount that is not more than the greater of--
``(A) if practicable to calculate, 3 times the profit
gained or loss avoided by such person as a result of the
violation; or
``(B) 2 times the maximum penalty with respect to the
violation.
``(2) Application.--For purposes of determining whether a
person has committed a previous violation under paragraph (1), the
determination shall only include violations occurring after the
date of enactment of the Anti-Money Laundering Act of 2020.''.
SEC. 6310. CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS OF UNITED
STATES FINANCIAL INSTITUTIONS.
(a) In General.--Section 5321 of title 31, United States Code, as
amended by section 6309 of this division, is amended by adding at the
end the following:
``(g) Certain Violators Barred From Serving on Boards of United
States Financial Institutions.--
``(1) Definition.--In this subsection, the term `egregious
violation' means, with respect to an individual--
``(A) a criminal violation--
``(i) for which the individual is convicted; and
``(ii) for which the maximum term of imprisonment is
more than 1 year; and
``(B) a civil violation in which--
``(i) the individual willfully committed the violation;
and
``(ii) the violation facilitated money laundering or
the financing of terrorism.
``(2) Bar.--An individual found to have committed an egregious
violation of the Bank Secrecy Act, as defined in section 6003 of
the Anti-Money Laundering Act of 2020, or any rules issued under
the Bank Secrecy Act, shall be barred from serving on the board of
directors of a United States financial institution during the 10-
year period that begins on the date on which the conviction or
judgment, as applicable, with respect to the egregious violation is
entered.''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a) shall be construed to limit the application of section
19 of the Federal Deposit Insurance Act (12 U.S.C. 1829).
SEC. 6311. DEPARTMENT OF JUSTICE REPORT ON DEFERRED AND NON-PROSECUTION
AGREEMENTS.
(a) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and for each of the 4 years thereafter, the
Attorney General shall submit to the appropriate committees of Congress
a report that contains--
(1) a list of deferred prosecution agreements and non-
prosecution agreements that the Attorney General has entered into,
amended, or terminated during the year covered by the report with
any person with respect to a violation or suspected violation of
the Bank Secrecy Act (referred to in this subsection as ``covered
agreements'');
(2) the justification for entering into, amending, or
terminating each covered agreement;
(3) the list of factors that were taken into account in
determining that the Attorney General should enter into, amend, or
terminate each covered agreement; and
(4) the extent of coordination the Attorney General conducted
with the Secretary of the Treasury, Federal functional regulators,
or State regulators before entering into, amending, or terminating
each covered agreement.
(b) Classified Annex.--Each report submitted under subsection (a)
may include a classified annex.
(c) Definition.--In this section, the term ``appropriate committees
of Congress'' means--
(1) the Committee on Banking, Housing, and Urban Affairs of the
Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Financial Services of the House of
Representatives; and
(4) the Committee on the Judiciary of the House of
Representatives.
SEC. 6312. 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) A person convicted of violating a provision of (or rule
issued under) the Bank Secrecy Act, as defined in section 6003 of the
Anti-Money Laundering Act of 2020, shall--
``(1) in addition to any other fine under this section, be
fined in an amount that is equal to the profit gained by such
person by reason of such violation, as determined by the court; and
``(2) if the 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 the individual during the calendar year in which
the violation occurred or the calendar 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. 6313. PROHIBITION ON CONCEALMENT OF THE SOURCE OF ASSETS IN
MONETARY TRANSACTIONS.
(a) In General.--Subchapter II of chapter 53 of title 31, United
States Code, as amended by sections 6306(a)(1) and 6307(a) of this
division, is amended by adding at the end the following:
``Sec. 5335. Prohibition on concealment of the source of assets in
monetary transactions
``(a) Definition of Monetary Transaction.--In this section, the
term the term `monetary transaction'--
``(1) means the deposit, withdrawal, transfer, or exchange, in
or affecting interstate or foreign commerce, of funds or a monetary
instrument (as defined in section 1956(c)(5) of title 18) by,
through, or to a financial institution (as defined in section
1956(c)(6) of title 18);
``(2) includes any transaction that would be a financial
transaction under section 1956(c)(4)(B) of title 18; and
``(3) does not include any transaction necessary to preserve
the right to representation of a person as guaranteed by the Sixth
Amendment to the Constitution of the United States.
``(b) Prohibition.--No person shall knowingly conceal, falsify, or
misrepresent, or attempt to conceal, falsify, or misrepresent, from or
to a financial institution, a material fact concerning the ownership or
control of assets involved in a monetary transaction if--
``(1) the person or entity who owns or controls the assets is a
senior foreign political figure, or any immediate family member or
close associate of a senior foreign political figure, as set forth
in this title or the regulations promulgated under this title; and
``(2) the aggregate value of the assets involved in 1 or more
monetary transactions is not less than $1,000,000.
``(c) Source of Funds.--No person shall knowingly conceal, falsify,
or misrepresent, or attempt to conceal, falsify, or misrepresent, from
or to a financial institution, a material fact concerning the source of
funds in a monetary transaction that--
``(1) involves an entity found to be a primary money laundering
concern under section 5318A or the regulations promulgated under
this title; and
``(2) violates the prohibitions or conditions prescribed under
section 5318A(b)(5) or the regulations promulgated under this
title.
``(d) Penalties.--A person convicted of an offense under subsection
(b) or (c), or a conspiracy to commit an offense under subsection (b)
or (c), shall be imprisoned for not more than 10 years, fined not more
than $1,000,000, or both.
``(e) Forfeiture.--
``(1) Criminal forfeiture.--
``(A) In general.--The court, in imposing a sentence under
subsection (d), shall order that the defendant forfeit to the
United States any property involved in the offense and any
property traceable thereto.
``(B) Procedure.--The seizure, restraint, and forfeiture of
property under this paragraph shall be governed by section 413
of the Controlled Substances Act (21 U.S.C. 853).
``(2) Civil forfeiture.--
``(A) In general.--Any property involved in a violation of
subsection (b) or (c), or a conspiracy to commit a violation of
subsection (b) or (c), and any property traceable thereto may
be seized and forfeited to the United States.
``(B) Procedure.--Seizures and forfeitures under this
paragraph shall be governed by the provisions of chapter 46 of
title 18 relating to civil forfeitures, except that such
duties, under the customs laws described in section 981(d) of
title 18, given to the Secretary of the Treasury shall be
performed by such officers, agents, and other persons as may be
designated for that purpose by the Secretary of Homeland
Security or the Attorney General.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 53 of title 31, United States Code, as amended by sections
6306(b)(1) and 6307(b) of this division, is amended by adding at the
end the following:
``5335. Prohibition on concealment of the source of assets in monetary
transactions.''.
SEC. 6314. UPDATING WHISTLEBLOWER INCENTIVES AND PROTECTION.
(a) Whistleblower Incentives and Protection.--Section 5323 of title
31, United States Code, is amended to read as follows:
``Sec. 5323. Whistleblower incentives and protections
``(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 the Secretary of the Treasury
(referred to in this section as the `Secretary') or the Attorney
General under this subchapter or subchapter III that results in
monetary sanctions exceeding $1,000,000.
``(2) Monetary sanctions.--The term `monetary sanctions', when
used with respect to any judicial or administrative action--
``(A) means any monies, including penalties, disgorgement,
and interest, ordered to be paid; and
``(B) does not include--
``(i) forfeiture;
``(ii) restitution; or
``(iii) any victim compensation payment.
``(3) 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 the Secretary or the Attorney General
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.
``(4) Related action.--The term `related action', when used
with respect to any judicial or administrative action brought by
the Secretary or the Attorney General under this subchapter or
subchapter III, means any judicial or administrative action brought
by an entity described in any of subclauses (I) through (III) of
subsection (g)(4)(D)(i) that is based upon the original information
provided by a whistleblower pursuant to subsection (b) that led to
the successful enforcement of the action by the Secretary or the
Attorney General.
``(5) Whistleblower.--
``(A) In general.--The term `whistleblower' means any
individual who provides, or 2 or more individuals acting
jointly who provide, information relating to a violation of
this subchapter or subchapter III to the employer of the
individual or individuals, including as part of the job duties
of the individual or individuals, or to the Secretary or the
Attorney General.
``(B) Special rule.--Solely for the purposes of subsection
(g)(1), the term `whistleblower' includes any individual who
takes, or 2 or more individuals acting jointly who take, an
action described in subsection (g)(1)(A).
``(b) Awards.--
``(1) In general.--In any covered judicial or administrative
action, or related action, the Secretary, under regulations
prescribed by the Secretary, in consultation with the Attorney
General and subject to subsection (c) and to amounts made available
in advance by appropriation Acts, shall pay an award or awards to 1
or more whistleblowers who voluntarily provided original
information to the employer of the individual, the Secretary, or
the Attorney General, as applicable, 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 or related actions.
``(2) Source of awards.--For the purposes of paying any award
under this section, 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 determining the amount of an award made
under subsection (b), the Secretary 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 programmatic interest of the Department of
the Treasury in deterring violations of this subchapter and
subchapter III by making awards to whistleblowers who
provide information that lead to the successful enforcement
of either such subchapter; and
``(iv) such additional relevant factors as the
Secretary, in consultation with the Attorney General, may
establish by rule or regulation.
``(2) Denial of award.--No award under subsection (b) may be
made--
``(A) to any whistleblower who is, or was at the time the
whistleblower acquired the original information submitted to
the Secretary or the Attorney General, as applicable, a member,
officer, or employee--
``(i) of--
``(I) an appropriate regulatory or banking agency;
``(II) the Department of the Treasury or the
Department of Justice; or
``(III) a law enforcement agency; and
``(ii) acting in the normal course of the job duties of
the whistleblower;
``(B) to any whistleblower who is convicted of a criminal
violation related to the judicial or administrative action for
which the whistleblower otherwise could receive an award under
this section; or
``(C) to any whistleblower who fails to submit information
to the Secretary or the Attorney General, as applicable, in
such form as the Secretary, in consultation with the Attorney
General, may, by rule, require.
``(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.--Before the payment of an
award, a whistleblower shall disclose the identity of the
whistleblower and provide such other information as the
Secretary may require, directly or through counsel for the
whistleblower.
``(e) No Contract Necessary.--No contract with the Department of
the Treasury is necessary for any whistleblower to receive an award
under subsection (b), unless otherwise required by the Secretary by
rule or regulation.
``(f) Appeals.--
``(1) In general.--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.
``(2) Requirements.--
``(A) In general.--Any determination described in paragraph
(1), 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.
``(B) Scope of review.--The court to which a determination
by the Secretary is appealed under subparagraph (A) shall
review the determination in accordance with section 706 of
title 5.
``(g) Protection of Whistleblowers.--
``(1) Prohibition against retaliation.--No employer may,
directly or indirectly, discharge, demote, suspend, threaten,
blacklist, harass, or in any other manner discriminate against a
whistleblower in the terms and conditions of employment or post-
employment because of any lawful act done by the whistleblower--
``(A) in providing information in accordance with this
section to--
``(i) the Secretary or the Attorney General;
``(ii) a Federal regulatory or law enforcement agency;
``(iii) any Member of Congress or any committee of
Congress; or
``(iv) a person with supervisory authority over the
whistleblower, or such other person working for the
employer who has the authority to investigate, discover, or
terminate misconduct; or
``(B) in initiating, testifying in, or assisting in any
investigation or judicial or administrative action of the
Department of the Treasury or the Department of Justice based
upon or related to the information described in subparagraph
(A); or
``(C) in providing information regarding any conduct that
the whistleblower reasonably believes constitutes a violation
of any law, rule, or regulation subject to the jurisdiction of
the Department of the Treasury, or a violation of section 1956,
1957, or 1960 of title 18 (or any rule or regulation under any
such provision), to--
``(i) a person with supervisory authority over the
whistleblower at the employer of the whistleblower; or
``(ii) another individual working for the employer
described in clause (i) who the whistleblower reasonably
believes has the authority to--
``(I) investigate, discover, or terminate the
misconduct; or
``(II) take any other action to address the
misconduct.
``(2) Enforcement.--Any individual who alleges discharge or
other discrimination, or is otherwise aggrieved by an employer, in
violation of paragraph (1), may seek relief by--
``(A) filing a complaint with the Secretary of Labor in
accordance with the requirements of this subsection; or
``(B) if the Secretary of Labor has not issued a final
decision within 180 days of the filing of a complaint under
subparagraph (A), and there is no showing that such a delay is
due to the bad faith of the claimant, bringing an action
against the employer at law or in equity in the appropriate
district court of the United States, which shall have
jurisdiction over such an action without regard to the amount
in controversy.
``(3) Procedure.--
``(A) Department of labor complaint.--
``(i) In general.--Except as provided in clause (ii)
and subparagraph (C), the requirements under section
42121(b) of title 49, including the legal burdens of proof
described in such section 42121(b), shall apply with
respect to a complaint filed under paragraph (2)(A) by an
individual against an employer.
``(ii) Exception.--With respect to a complaint filed
under paragraph (2)(A), notification required to be made
under section 42121(b)(1) of title 49 shall be made to each
person named in the complaint, including the employer.
``(B) District court complaint.--
``(i) Jury trial.--A party to an action brought under
paragraph (2)(B) shall be entitled to trial by jury.
``(ii) Statute of limitations.--
``(I) In general.--An action may not be brought
under paragraph (2)(B)--
``(aa) more than 6 years after the date on
which the violation of paragraph (1) occurs; or
``(bb) more than 3 years after the date on
which when facts material to the right of action
are known, or reasonably should have been known, by
the employee alleging a violation of paragraph (1).
``(II) Required action within 10 years.--
Notwithstanding subclause (I), an action under
paragraph (2)(B) may not in any circumstance be brought
more than 10 years after the date on which the
violation occurs.
``(C) Relief.--Relief for an individual prevailing with
respect to a complaint filed under subparagraph (A) of
paragraph (2) or an action brought under subparagraph (B) of
that paragraph shall include--
``(i) reinstatement with the same seniority status that
the individual would have had, but for the conduct that is
the subject of the complaint or action, as applicable;
``(ii) 2 times the amount of back pay otherwise owed to
the individual, with interest;
``(iii) the payment of compensatory damages, which
shall include compensation for litigation costs, expert
witness fees, and reasonable attorneys' fees; and
``(iv) any other appropriate remedy with respect to the
conduct that is the subject of the complaint or action, as
applicable.
``(4) Confidentiality.--
``(A) In general.--Except as provided in subparagraphs (C)
and (D), the Secretary or the Attorney General, as applicable,
and any officer or employee of the Department of the Treasury
or the Department of Justice, shall not disclose any
information, including information provided by a whistleblower
to either such official, which could reasonably be expected to
reveal the identity of a whistleblower, except in accordance
with the provisions of section 552a of title 5, unless and
until required to be disclosed to a defendant or respondent in
connection with a public proceeding instituted by the
appropriate such official or any entity described in
subparagraph (D).
``(B) Exempted statute.--For purposes of section 552 of
title 5, this paragraph shall be considered a statute described
in subsection (b)(3)(B) of such section 552.
``(C) Rule of construction.--Nothing in this section is
intended to limit, or shall be construed to limit, the ability
of the Attorney General to present such evidence to a grand
jury or to share such evidence with potential witnesses or
defendants in the course of an ongoing criminal investigation.
``(D) Availability to government agencies.--
``(i) In general.--Without the loss of its status as
confidential in the hands of the Secretary or the Attorney
General, as applicable, all information referred to in
subparagraph (A) may, in the discretion of the appropriate
such official, when determined by that official to be
necessary to accomplish the purposes of this subchapter, be
made available to--
``(I) any appropriate Federal authority;
``(II) a State attorney general in connection with
any criminal investigation;
``(III) any appropriate State regulatory authority;
and
``(IV) a foreign law enforcement authority.
``(ii) Confidentiality.--
``(I) In general.--Each of the entities described
in subclauses (I) through (III) of clause (i) shall
maintain such information as confidential in accordance
with the requirements established under subparagraph
(A).
``(II) Foreign authorities.--Each entity described
in clause (i)(IV) shall maintain such information in
accordance with such assurances of confidentiality as
determined by the Secretary or Attorney General, as
applicable.
``(5) Rights retained.--Nothing in this section shall be deemed
to diminish the rights, privileges, or remedies of any
whistleblower under any Federal or State law or under any
collective bargaining agreement.
``(6) Coordination with other provisions of law.--This
subsection shall not apply with respect to any employer that is
subject to section 33 of the Federal Deposit Insurance Act (12
U.S.C. 1831j) or section 213 or 214 of the Federal Credit Union Act
(12 U.S.C. 1790b, 1790c).
``(h) Provision of False Information.--A whistleblower shall not be
entitled to an award under this section if the whistleblower--
``(1) knowingly and willfully makes any false, fictitious, or
fraudulent statement or representation; or
``(2) uses any false writing or document knowing the writing or
document contains any false, fictitious, or fraudulent statement or
entry.
``(i) Rulemaking Authority.--The Secretary, in consultation with
the Attorney General, shall have the authority to issue such rules and
regulations as may be necessary or appropriate to implement the
provisions of this section consistent with the purposes of this
section.
``(j) Nonenforceability of Certain Provisions Waiving Rights and
Remedies or Requiring Arbitration of Disputes.--
``(1) Waiver of rights and remedies.--The rights and remedies
provided for in this section may not be waived by any agreement,
policy form, or condition of employment, including by a predispute
arbitration agreement.
``(2) Predispute arbitration agreements.--No predispute
arbitration agreement shall be valid or enforceable, to the extent
the agreement requires arbitration of a dispute arising under this
section.''.
(b) Repeal of Section 5328 of Title 31.--Section 5328 of title 31,
United States Code, is repealed.
(c) Technical and Conforming Amendments.--The table of sections for
subchapter II of chapter 53 of title 31, United States Code, is
amended--
(1) by striking the item relating to section 5323 and inserting
the following:
``5323. Whistleblower incentives and protections.''; and
(2) by striking the item relating to section 5328.
TITLE LXIV--ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION REPORTING
REQUIREMENTS
Sec. 6401. Short title.
Sec. 6402. Sense of Congress.
Sec. 6403. Beneficial ownership information reporting requirements.
SEC. 6401. SHORT TITLE.
This title may be cited as the ``Corporate Transparency Act''.
SEC. 6402. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) more than 2,000,000 corporations and limited liability
companies are being formed under the laws of the States each year;
(2) most or all States do not require information about the
beneficial owners of the corporations, limited liability companies,
or other similar entities formed under the laws of the State;
(3) malign actors seek to conceal their ownership of
corporations, limited liability companies, or other similar
entities in the United States to facilitate illicit activity,
including money laundering, the financing of terrorism,
proliferation financing, serious tax fraud, human and drug
trafficking, counterfeiting, piracy, securities fraud, financial
fraud, and acts of foreign corruption, harming the national
security interests of the United States and allies of the United
States;
(4) money launderers and others involved in commercial activity
intentionally conduct transactions through corporate structures in
order to evade detection, and may layer such structures, much like
Russian nesting ``Matryoshka'' dolls, across various secretive
jurisdictions such that each time an investigator obtains ownership
records for a domestic or foreign entity, the newly identified
entity is yet another corporate entity, necessitating a repeat of
the same process;
(5) Federal legislation providing for the collection of
beneficial ownership information for corporations, limited
liability companies, or other similar entities formed under the
laws of the States is needed to--
(A) set a clear, Federal standard for incorporation
practices;
(B) protect vital Unites States national security
interests;
(C) protect interstate and foreign commerce;
(D) better enable critical national security, intelligence,
and law enforcement efforts to counter money laundering, the
financing of terrorism, and other illicit activity; and
(E) bring the United States into compliance with
international anti-money laundering and countering the
financing of terrorism standards;
(6) beneficial ownership information collected under the
amendments made by this title is sensitive information and will be
directly available only to authorized government authorities,
subject to effective safeguards and controls, to--
(A) facilitate important national security, intelligence,
and law enforcement activities; and
(B) confirm beneficial ownership information provided to
financial institutions to facilitate the compliance of the
financial institutions with anti-money laundering, countering
the financing of terrorism, and customer due diligence
requirements under applicable law;
(7) consistent with applicable law, the Secretary of the
Treasury shall--
(A) maintain the information described in paragraph (1) in
a secure, nonpublic database, using information security
methods and techniques that are appropriate to protect
nonclassified information systems at the highest security
level; and
(B) take all steps, including regular auditing, to ensure
that government authorities accessing beneficial ownership
information do so only for authorized purposes consistent with
this title; and
(8) in prescribing regulations to provide for the reporting of
beneficial ownership information, the Secretary shall, to the
greatest extent practicable consistent with the purposes of this
title--
(A) seek to minimize burdens on reporting companies
associated with the collection of beneficial ownership
information;
(B) provide clarity to reporting companies concerning the
identification of their beneficial owners; and
(C) collect information in a form and manner that is
reasonably designed to generate a database that is highly
useful to national security, intelligence, and law enforcement
agencies and Federal functional regulators.
SEC. 6403. BENEFICIAL OWNERSHIP INFORMATION REPORTING REQUIREMENTS.
(a) In General.--Subchapter II of chapter 53 of title 31, United
States Code, as amended by sections 6306(a)(1), 6307(a), and 6313(a) of
this division, is amended by adding at the end the following:
``Sec. 5336. Beneficial ownership information reporting requirements
``(a) Definitions.--In this section:
``(1) Acceptable identification document.--The term `acceptable
identification document' means, with respect to an individual--
``(A) a nonexpired passport issued by the United States;
``(B) a nonexpired identification document issued by a
State, local government, or Indian Tribe to the individual
acting for the purpose of identification of that individual;
``(C) a nonexpired driver's license issued by a State; or
``(D) if the individual does not have a document described
in subparagraph (A), (B), or (C), a nonexpired passport issued
by a foreign government.
``(2) Applicant.--The term `applicant' means any individual
who--
``(A) files an application to form a corporation, limited
liability company, or other similar entity under the laws of a
State or Indian Tribe; or
``(B) registers or files an application to register a
corporation, limited liability company, or other similar entity
formed under the laws of a foreign country to do business in
the United States by filing a document with the secretary of
state or similar office under the laws of a State or Indian
Tribe.
``(3) Beneficial owner.--The term `beneficial owner'--
``(A) means, with respect to an entity, an individual who,
directly or indirectly, through any contract, arrangement,
understanding, relationship, or otherwise--
``(i) exercises substantial control over the entity; or
``(ii) owns or controls not less than 25 percent of the
ownership interests of the entity; and
``(B) does not include--
``(i) a minor child, as defined in the State in which
the entity is formed, if the information of the parent or
guardian of the minor child is reported in accordance with
this section;
``(ii) an individual acting as a nominee, intermediary,
custodian, or agent on behalf of another individual;
``(iii) an individual acting solely as an employee of a
corporation, limited liability company, or other similar
entity and whose control over or economic benefits from
such entity is derived solely from the employment status of
the person;
``(iv) an individual whose only interest in a
corporation, limited liability company, or other similar
entity is through a right of inheritance; or
``(v) a creditor of a corporation, limited liability
company, or other similar entity, unless the creditor meets
the requirements of subparagraph (A).
``(4) Director.--The term `Director' means the Director of
FinCEN.
``(5) FinCEN.--The term `FinCEN' means the Financial Crimes
Enforcement Network of the Department of the Treasury.
``(6) FinCEN identifier.--The term `FinCEN identifier' means
the unique identifying number assigned by FinCEN to a person under
this section.
``(7) Foreign person.--The term `foreign person' means a person
who is not a United States person, as defined in section 7701(a) of
the Internal Revenue Code of 1986.
``(8) Indian tribe.--The term `Indian Tribe' has the meaning
given the term `Indian tribe' in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
``(9) Lawfully admitted for permanent residence.--The term
`lawfully admitted for permanent residence' has the meaning given
the term in section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).
``(10) Pooled investment vehicle.--The term `pooled investment
vehicle' means--
``(A) any investment company, as defined in section 3(a) of
the Investment Company Act of 1940 (15 U.S.C. 80a-3(a)); or
``(B) any company that--
``(i) would be an investment company under that section
but for the exclusion provided from that definition by
paragraph (1) or (7) of section 3(c) of that Act (15 U.S.C.
80a-3(c)); and
``(ii) is identified by its legal name by the
applicable investment adviser in its Form ADV (or successor
form) filed with the Securities and Exchange Commission.
``(11) Reporting company.--The term `reporting company'--
``(A) means a corporation, limited liability company, or
other similar entity that is--
``(i) created by the filing of a document with a
secretary of state or a similar office under the law of a
State or Indian Tribe; or
``(ii) formed under the law of a foreign country and
registered to do business in the United States by the
filing of a document with a secretary of state or a similar
office under the laws of a State or Indian Tribe; and
``(B) does not include--
``(i) an issuer--
``(I) of a class of securities registered under
section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 78l); or
``(II) that is required to file supplementary and
periodic information under section 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78o(d));
``(ii) an entity--
``(I) established under the laws of the United
States, an Indian Tribe, a State, or a political
subdivision of a State, or under an interstate compact
between 2 or more States; and
``(II) that exercises governmental authority on
behalf of the United States or any such Indian Tribe,
State, or political subdivision;
``(iii) a bank, as defined in--
``(I) section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813);
``(II) section 2(a) of the Investment Company Act
of 1940 (15 U.S.C. 80a-2(a)); or
``(III) section 202(a) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-2(a));
``(iv) a Federal credit union or a State credit union
(as those terms are 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 money transmitting business registered with
the Secretary of the Treasury under section 5330;
``(vii) a broker or dealer (as those terms are defined
in section 3 of the Securities Exchange Act of 1934 (15
U.S.C. 78c)) that is registered under section 15 of that
Act (15 U.S.C. 78o);
``(viii) an exchange or clearing agency (as those terms
are 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 that Act (15 U.S.C. 78f, 78q-1);
``(ix) any other entity not described in clause (i),
(vii), or (viii) that is registered with the Securities and
Exchange Commission under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.);
``(x) an entity that--
``(I) is 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 of the Investment Advisers Act of 1940 (15
U.S.C. 80b-2)); and
``(II) is registered with the Securities and
Exchange Commission under the Investment Company Act of
1940 (15 U.S.C. 80a-1 et seq.) or the Investment
Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.);
``(xi) an investment adviser--
``(I) described in section 203(l) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(l)); and
``(II) that has filed Item 10, Schedule A, and
Schedule B of Part 1A of Form ADV, or any successor
thereto, with the Securities and Exchange Commission;
``(xii) an insurance company (as defined in section 2
of the Investment Company Act of 1940 (15 U.S.C. 80a-2));
``(xiii) an entity that--
``(I) is an insurance producer that is authorized
by a State and subject to supervision by the insurance
commissioner or a similar official or agency of a
State; and
``(II) has an operating presence at a physical
office within the United States;
``(xiv)(I) a registered entity (as defined in section
1a of the Commodity Exchange Act (7 U.S.C. 1a)); or
``(II) an entity that is--
``(aa)(AA) a futures commission merchant,
introducing broker, swap dealer, major swap
participant, commodity pool operator, or commodity
trading advisor (as those terms are defined in section
1a of the Commodity Exchange Act (7 U.S.C. 1a)); or
``(BB) a retail foreign exchange dealer, as
described in section 2(c)(2)(B) of that Act (7 U.S.C.
2(c)(2)(B)); and
``(bb) registered with the Commodity Futures
Trading Commission under the Commodity Exchange Act (7
U.S.C. 1 et seq.);
``(xv) a public accounting firm registered in
accordance with section 102 of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7212);
``(xvi) a public utility that provides
telecommunications services, electrical power, natural gas,
or water and sewer services within the United States;
``(xvii) a financial market utility designated by the
Financial Stability Oversight Council under section 804 of
the Payment, Clearing, and Settlement Supervision Act of
2010 (12 U.S.C. 5463);
``(xviii) any pooled investment vehicle that is
operated or advised by a person described in clause (iii),
(iv), (vii), (x), or (xi);
``(xix) any--
``(I) organization that is described in section
501(c) of the Internal Revenue Code of 1986 (determined
without regard to section 508(a) of such Code) and
exempt from tax under section 501(a) of such Code,
except that in the case of any such organization that
loses an exemption from tax, such organization shall be
considered to be continued to be described in this
subclause for the 180-day period beginning on the date
of the loss of such tax-exempt status;
``(II) political organization (as defined in
section 527(e)(1) of such Code) that is exempt from tax
under section 527(a) of such Code; or
``(III) trust described in paragraph (1) or (2) of
section 4947(a) of such Code;
``(xx) any corporation, limited liability company, or
other similar entity that--
``(I) operates exclusively to provide financial
assistance to, or hold governance rights over, any
entity described in clause (xix);
``(II) is a United States person;
``(III) is beneficially owned or controlled
exclusively by 1 or more United States persons that are
United States citizens or lawfully admitted for
permanent residence; and
``(IV) derives at least a majority of its funding
or revenue from 1 or more United States persons that
are United States citizens or lawfully admitted for
permanent residence;
``(xxi) any entity that--
``(I) employs more than 20 employees on a full-time
basis in the United States;
``(II) filed in the previous year Federal income
tax returns in the United States demonstrating more
than $5,000,000 in gross receipts or sales in the
aggregate, including the receipts or sales of--
``(aa) other entities owned by the entity; and
``(bb) other entities through which the entity
operates; and
``(III) has an operating presence at a physical
office within the United States;
``(xxii) any corporation, limited liability company, or
other similar entity of which the ownership interests are
owned or controlled, directly or indirectly, by 1 or more
entities described in clause (i), (ii), (iii), (iv), (v),
(vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv),
(xvi), (xvii) (xix), or (xxi);
``(xxiii) any corporation, limited liability company,
or other similar entity--
``(I) in existence for over 1 year;
``(II) that is not engaged in active business;
``(III) that is not owned, directly or indirectly,
by a foreign person;
``(IV) that has not, in the preceding 12-month
period, experienced a change in ownership or sent or
received funds in an amount greater than $1,000
(including all funds sent to or received from any
source through a financial account or accounts in which
the entity, or an affiliate of the entity, maintains an
interest); and
``(V) that does not otherwise hold any kind or type
of assets, including an ownership interest in any
corporation, limited liability company, or other
similar entity;
``(xxiv) any entity or class of entities that the
Secretary of the Treasury, with the written concurrence of
the Attorney General and the Secretary of Homeland
Security, has, by regulation, determined should be exempt
from the requirements of subsection (b) because requiring
beneficial ownership information from the entity or class
of entities--
``(I) would not serve the public interest; and
``(II) would not be highly useful in national
security, intelligence, and law enforcement agency
efforts to detect, prevent, or prosecute money
laundering, the financing of terrorism, proliferation
finance, serious tax fraud, or other crimes.
``(12) State.--The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the United States Virgin Islands, and any other commonwealth,
territory, or possession of the United States.
``(13) Unique identifying number.--The term `unique identifying
number' means, with respect to an individual or an entity with a
sole member, the unique identifying number from an acceptable
identification document.
``(14) United states person.--The term `United States person'
has the meaning given the term in section 7701(a) of the Internal
Revenue Code of 1986.
``(b) Beneficial Ownership Information Reporting.--
``(1) Reporting.--
``(A) In general.--In accordance with regulations
prescribed by the Secretary of the Treasury, each reporting
company shall submit to FinCEN a report that contains the
information described in paragraph (2).
``(B) Reporting of existing entities.--In accordance with
regulations prescribed by the Secretary of the Treasury, any
reporting company that has been formed or registered before the
effective date of the regulations prescribed under this
subsection shall, in a timely manner, and not later than 2
years after the effective date of the regulations prescribed
under this subsection, submit to FinCEN a report that contains
the information described in paragraph (2).
``(C) Reporting at time of formation or registration.--In
accordance with regulations prescribed by the Secretary of the
Treasury, any reporting company that has been formed or
registered after the effective date of the regulations
promulgated under this subsection shall, at the time of
formation or registration, submit to FinCEN a report that
contains the information described in paragraph (2).
``(D) Updated reporting for changes in beneficial
ownership.--In accordance with regulations prescribed by the
Secretary of the Treasury, a reporting company shall, in a
timely manner, and not later than 1 year after the date on
which there is a change with respect to any information
described in paragraph (2), submit to FinCEN a report that
updates the information relating to the change.
``(E) Treasury review of updated reporting for changes in
beneficial ownership.--The Secretary of the Treasury, in
consultation with the Attorney General and the Secretary of
Homeland Security, shall conduct a review to evaluate--
``(i) the necessity of a requirement for corporations,
limited liability companies, or other similar entities to
update the report on beneficial ownership information in
paragraph (2), related to a change in ownership, within a
shorter period of time than required under subparagraph
(D), taking into account the updating requirements under
subparagraph (D) and the information contained in the
reports;
``(ii) the benefit to law enforcement and national
security officials that might be derived from, and the
burden that a requirement to update the list of beneficial
owners within a shorter period of time after a change in
the list of beneficial owners would impose on corporations,
limited liability companies, or other similar entities; and
``(iii) not later than 2 years after the date of
enactment of this section, incorporate into the
regulations, as appropriate, any changes necessary to
implement the findings and determinations based on the
review required under this subparagraph.
``(F) Regulation requirements.--In promulgating the
regulations required under subparagraphs (A) through (D), the
Secretary of the Treasury shall, to the greatest extent
practicable--
``(i) establish partnerships with State, local, and
Tribal governmental agencies;
``(ii) collect information described in paragraph (2)
through existing Federal, State, and local processes and
procedures;
``(iii) minimize burdens on reporting companies
associated with the collection of the information described
in paragraph (2), in light of the private compliance costs
placed on legitimate businesses, including by identifying
any steps taken to mitigate the costs relating to
compliance with the collection of information; and
``(iv) collect information described in paragraph (2)
in a form and manner that ensures the information is highly
useful in--
``(I) facilitating important national security,
intelligence, and law enforcement activities; and
``(II) confirming beneficial ownership information
provided to financial institutions to facilitate the
compliance of the financial institutions with anti-
money laundering, countering the financing of
terrorism, and customer due diligence requirements
under applicable law.
``(G) Regulatory simplification.--To simplify compliance
with this section for reporting companies and financial
institutions, the Secretary of the Treasury shall ensure that
the regulations prescribed by the Secretary under this
subsection are added to part 1010 of title 31, Code of Federal
Regulations, or any successor thereto.
``(2) Required information.--
``(A) In general.--In accordance with regulations
prescribed by the Secretary of the Treasury, a report delivered
under paragraph (1) shall, except as provided in subparagraph
(B), identify each beneficial owner of the applicable reporting
company and each applicant with respect to that reporting
company by--
``(i) full legal name;
``(ii) date of birth;
``(iii) current, as of the date on which the report is
delivered, residential or business street address; and
``(iv)(I) unique identifying number from an acceptable
identification document; or
``(II) FinCEN identifier in accordance with
requirements in paragraph (3).
``(B) Reporting requirement for exempt entities having an
ownership interest.--If an exempt entity described in
subsection (a)(11)(B) has or will have a direct or indirect
ownership interest in a reporting company, the reporting
company or the applicant--
``(i) shall, with respect to the exempt entity, only
list the name of the exempt entity; and
``(ii) shall not be required to report the information
with respect to the exempt entity otherwise required under
subparagraph (A).
``(C) Reporting requirement for certain pooled investment
vehicles.--Any corporation, limited liability company, or other
similar entity that is an exempt entity described in subsection
(a)(11)(B)(xviii) and is formed under the laws of a foreign
country shall file with FinCEN a written certification that
provides identification information of an individual that
exercises substantial control over the pooled investment
vehicle in the same manner as required under this subsection.
``(D) Reporting requirement for exempt subsidiaries.--In
accordance with the regulations promulgated by the Secretary,
any corporation, limited liability company, or other similar
entity that is an exempt entity described in subsection
(a)(11)(B)(xxii), shall, at the time such entity no longer
meets the criteria described in subsection (a)(11)(B)(xxii),
submit to FinCEN a report containing the information required
under subparagraph (A).
``(E) Reporting requirement for exempt grandfathered
entities.--In accordance with the regulations promulgated by
the Secretary, any corporation, limited liability company, or
other similar entity that is an exempt entity described in
subsection (a)(11)(B)(xxiii), shall, at the time such entity no
longer meets the criteria described in subsection
(a)(11)(B)(xxiii), submit to FinCEN a report containing the
information required under subparagraph (A).
``(3) FinCEN identifier.--
``(A) Issuance of fincen identifier.--
``(i) In general.--Upon request by an individual who
has provided FinCEN with the information described in
paragraph (2)(A) pertaining to the individual, or by an
entity that has reported its beneficial ownership
information to FinCEN in accordance with this section,
FinCEN shall issue a FinCEN identifier to such individual
or entity.
``(ii) Updating of information.--An individual or
entity with a FinCEN identifier shall submit filings with
FinCEN pursuant to paragraph (1) updating any information
described in paragraph (2) in a timely manner consistent
with paragraph (1)(D).
``(iii) Exclusive identifier.--FinCEN shall not issue
more than 1 FinCEN identifier to the same individual or to
the same entity (including any successor entity).
``(B) Use of fincen identifier for individuals.--Any person
required to report the information described in paragraph (2)
with respect to an individual may instead report the FinCEN
identifier of the individual.
``(C) Use of fincen identifier for entities.--If an
individual is or may be a beneficial owner of a reporting
company by an interest held by the individual in an entity
that, directly or indirectly, holds an interest in the
reporting company, the reporting company may report the FinCEN
identifier of the entity in lieu of providing the information
required by paragraph (2)(A) with respect to the individual.
``(4) Regulations.--The Secretary of the Treasury shall--
``(A) by regulation prescribe procedures and standards
governing any report under paragraph (2) and any FinCEN
identifier under paragraph (3); and
``(B) in promulgating the regulations under subparagraph
(A) to the extent practicable, consistent with the purposes of
this section--
``(i) minimize burdens on reporting companies
associated with the collection of beneficial ownership
information, including by eliminating duplicative
requirements; and
``(ii) ensure the beneficial ownership information
reported to FinCEN is accurate, complete, and highly
useful.
``(5) Effective date.--The requirements of this subsection
shall take effect on the effective date of the regulations
prescribed by the Secretary of the Treasury under this subsection,
which shall be promulgated not later than 1 year after the date of
enactment of this section.
``(6) Report.--Not later than 1 year after the effective date
described in paragraph (5), and annually thereafter for 2 years,
the Secretary of the Treasury shall submit to Congress a report
describing the procedures and standards prescribed to carry out
paragraph (2), which shall include an assessment of--
``(A) the effectiveness of those procedures and standards
in minimizing reporting burdens (including through the
elimination of duplicative requirements) and strengthening the
accuracy of reports submitted under paragraph (2); and
``(B) any alternative procedures and standards prescribed
to carry out paragraph (2).
``(c) Retention and Disclosure of Beneficial Ownership Information
by FinCEN.--
``(1) Retention of information.--Beneficial ownership
information required under subsection (b) relating to each
reporting company shall be maintained by FinCEN for not fewer than
5 years after the date on which the reporting company terminates.
``(2) Disclosure.--
``(A) Prohibition.--Except as authorized by this subsection
and the protocols promulgated under this subsection, beneficial
ownership information reported under this section shall be
confidential and may not be disclosed by--
``(i) an officer or employee of the United States;
``(ii) an officer or employee of any State, local, or
Tribal agency; or
``(iii) an officer or employee of any financial
institution or regulatory agency receiving information
under this subsection.
``(B) Scope of disclosure by fincen.--FinCEN may disclose
beneficial ownership information reported pursuant to this
section only upon receipt of--
``(i) a request, through appropriate protocols--
``(I) from a Federal agency engaged in national
security, intelligence, or law enforcement activity,
for use in furtherance of such activity; or
``(II) from a State, local, or Tribal law
enforcement agency, if a court of competent
jurisdiction, including any officer of such a court,
has authorized the law enforcement agency to seek the
information in a criminal or civil investigation;
``(ii) a request from a Federal agency on behalf of a
law enforcement agency, prosecutor, or judge of another
country, including a foreign central authority or competent
authority (or like designation), under an international
treaty, agreement, convention, or official request made by
law enforcement, judicial, or prosecutorial authorities in
trusted foreign countries when no treaty, agreement, or
convention is available--
``(I) issued in response to a request for
assistance in an investigation or prosecution by such
foreign country; and
``(II) that--
``(aa) requires compliance with the disclosure
and use provisions of the treaty, agreement, or
convention, publicly disclosing any beneficial
ownership information received; or
``(bb) limits the use of the information for
any purpose other than the authorized investigation
or national security or intelligence activity;
``(iii) a request made by a financial institution
subject to customer due diligence requirements, with the
consent of the reporting company, to facilitate the
compliance of the financial institution with customer due
diligence requirements under applicable law; or
``(iv) a request made by a Federal functional regulator
or other appropriate regulatory agency consistent with the
requirements of subparagraph (C).
``(C) Form and manner of disclosure to financial
institutions and regulatory agencies.--The Secretary of the
Treasury shall, by regulation, prescribe the form and manner in
which information shall be provided to a financial institution
under subparagraph (B)(iii), which regulation shall include
that the information shall also be available to a Federal
functional regulator or other appropriate regulatory agency, as
determined by the Secretary, if the agency--
``(i) is authorized by law to assess, supervise,
enforce, or otherwise determine the compliance of the
financial institution with the requirements described in
that subparagraph;
``(ii) uses the information solely for the purpose of
conducting the assessment, supervision, or authorized
investigation or activity described in clause (i); and
``(iii) enters into an agreement with the Secretary
providing for appropriate protocols governing the
safekeeping of the information.
``(3) Appropriate protocols.--The Secretary of the Treasury
shall establish by regulation protocols described in paragraph
(2)(A) that--
``(A) protect the security and confidentiality of any
beneficial ownership information provided directly by the
Secretary;
``(B) require the head of any requesting agency, on a non-
delegable basis, to approve the standards and procedures
utilized by the requesting agency and certify to the Secretary
semi-annually that such standards and procedures are in
compliance with the requirements of this paragraph;
``(C) require the requesting agency to establish and
maintain, to the satisfaction of the Secretary, a secure system
in which such beneficial ownership information provided
directly by the Secretary shall be stored;
``(D) require the requesting agency to furnish a report to
the Secretary, at such time and containing such information as
the Secretary may prescribe, that describes the procedures
established and utilized by such agency to ensure the
confidentiality of the beneficial ownership information
provided directly by the Secretary;
``(E) require a written certification for each authorized
investigation or other activity described in paragraph (2) from
the head of an agency described in paragraph (2)(B)(i)(I), or
their designees, that--
``(i) states that applicable requirements have been
met, in such form and manner as the Secretary may
prescribe; and
``(ii) at a minimum, sets forth the specific reason or
reasons why the beneficial ownership information is
relevant to an authorized investigation or other activity
described in paragraph (2);
``(F) require the requesting agency to limit, to the
greatest extent practicable, the scope of information sought,
consistent with the purposes for seeking beneficial ownership
information;
``(G) restrict, to the satisfaction of the Secretary,
access to beneficial ownership information to whom disclosure
may be made under the provisions of this section to only users
at the requesting agency--
``(i) who are directly engaged in the authorized
investigation or activity described in paragraph (2);
``(ii) whose duties or responsibilities require such
access;
``(iii) who--
``(I) have undergone appropriate training; or
``(II) use staff to access the database who have
undergone appropriate training;
``(iv) who use appropriate identity verification
mechanisms to obtain access to the information; and
``(v) who are authorized by agreement with the
Secretary to access the information;
``(H) require the requesting agency to establish and
maintain, to the satisfaction of the Secretary, a permanent
system of standardized records with respect to an auditable
trail of each request for beneficial ownership information
submitted to the Secretary by the agency, including the reason
for the request, the name of the individual who made the
request, the date of the request, any disclosure of beneficial
ownership information made by or to the agency, and any other
information the Secretary of the Treasury determines is
appropriate;
``(I) require that the requesting agency receiving
beneficial ownership information from the Secretary conduct an
annual audit to verify that the beneficial ownership
information received from the Secretary has been accessed and
used appropriately, and in a manner consistent with this
paragraph and provide the results of that audit to the
Secretary upon request;
``(J) require the Secretary to conduct an annual audit of
the adherence of the agencies to the protocols established
under this paragraph to ensure that agencies are requesting and
using beneficial ownership information appropriately; and
``(K) provide such other safeguards which the Secretary
determines (and which the Secretary prescribes in regulations)
to be necessary or appropriate to protect the confidentiality
of the beneficial ownership information.
``(4) Violation of protocols.--Any employee or officer of a
requesting agency under paragraph (2)(B) that violates the
protocols described in paragraph (3), including unauthorized
disclosure or use, shall be subject to criminal and civil penalties
under subsection (h)(3)(B).
``(5) Department of the treasury access.--
``(A) In general.--Beneficial ownership information shall
be accessible for inspection or disclosure to officers and
employees of the Department of the Treasury whose official
duties require such inspection or disclosure subject to
procedures and safeguards prescribed by the Secretary of the
Treasury.
``(B) Tax administration purposes.--Officers and employees
of the Department of the Treasury may obtain access to
beneficial ownership information for tax administration
purposes in accordance with this subsection.
``(6) Rejection of request.--The Secretary of the Treasury--
``(A) shall reject a request not submitted in the form and
manner prescribed by the Secretary under paragraph (2)(C); and
``(B) may decline to provide information requested under
this subsection upon finding that--
``(i) the requesting agency has failed to meet any
other requirement of this subsection;
``(ii) the information is being requested for an
unlawful purpose; or
``(iii) other good cause exists to deny the request.
``(7) Suspension.--The Secretary of the Treasury may suspend or
debar a requesting agency from access for any of the grounds set
forth in paragraph (6), including for repeated or serious
violations of any requirement under paragraph (2).
``(8) Security protections.--The Secretary of the Treasury
shall maintain information security protections, including
encryption, for information reported to FinCEN under subsection (b)
and ensure that the protections--
``(A) are consistent with standards and guidelines
developed under subchapter II of chapter 35 of title 44; and
``(B) incorporate Federal information system security
controls for high-impact systems, excluding national security
systems, consistent with applicable law to prevent the loss of
confidentiality, integrity, or availability of information that
may have a severe or catastrophic adverse effect.
``(9) Report by the secretary.--Not later than 1 year after the
effective date of the regulations prescribed under this subsection,
and annually thereafter for 5 years, the Secretary of the Treasury
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services of
the House of Representatives a report, which--
``(A) may include a classified annex; and
``(B) shall, with respect to each request submitted under
paragraph (2)(B)(i)(II) during the period covered by the
report, and consistent with protocols established by the
Secretary that are necessary to protect law enforcement
sensitive, tax-related, or classified information, include--
``(i) the date on which the request was submitted;
``(ii) the source of the request;
``(iii) whether the request was accepted or rejected or
is pending; and
``(iv) a general description of the basis for rejecting
the such request, if applicable.
``(10) Audit by the comptroller general.--Not later than 1 year
after the effective date of the regulations prescribed under this
subsection, and annually thereafter for 6 years, the Comptroller
General of the United States shall--
``(A) audit the procedures and safeguards established by
the Secretary of the Treasury under those regulations,
including duties for verification of requesting agencies
systems and adherence to the protocols established under this
subsection, to determine whether such safeguards and procedures
meet the requirements of this subsection and that the
Department of the Treasury is using beneficial ownership
information appropriately in a manner consistent with this
subsection; and
``(B) submit to the Secretary of the Treasury, the
Committee on Banking, Housing, and Urban Affairs of the Senate,
and the Committee on Financial Services of the House of
Representatives a report that contains the findings and
determinations with respect to any audit conducted under this
paragraph.
``(11) Department of the treasury testimony.--
``(A) In general.--Not later than March 31 of each year for
5 years beginning in 2022, the Director shall be made available
to testify before the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives, or an appropriate subcommittee
thereof, regarding FinCEN issues, including, specifically,
issues relating to--
``(i) anticipated plans, goals, and resources necessary
for operations of FinCEN in implementing the requirements
of the Anti-Money Laundering Act of 2020 and the amendments
made by that Act;
``(ii) the adequacy of appropriations for FinCEN in the
current and the previous fiscal year to--
``(I) ensure that the requirements and obligations
imposed upon FinCEN by the Anti-Money Laundering Act of
2020 and the amendments made by that Act are completed
as efficiently, effectively, and expeditiously as
possible; and
``(II) provide for robust and effective
implementation and enforcement of the provisions of the
Anti-Money Laundering Act of 2020 and the amendments
made by that Act;
``(iii) strengthen FinCEN management efforts, as
necessary and as identified by the Director, to meet the
requirements of the Anti-Money Laundering Act of 2020 and
the amendments made by that Act;
``(iv) provide for the necessary public outreach to
ensure the broad dissemination of information regarding any
new program requirements provided for in the Anti-Money
Laundering Act of 2020 and the amendments made by that Act,
including--
``(I) educating the business community on the goals
and operations of the new beneficial ownership
database; and
``(II) disseminating to the governments of
countries that are allies or partners of the United
States information on best practices developed by
FinCEN related to beneficial ownership information
retention and use;
``(v) any policy recommendations that could facilitate
and improve communication and coordination between the
private sector, FinCEN, and the Federal, State, and local
agencies and entities involved in implementing innovative
approaches to meet their obligations under the Anti-Money
Laundering Act of 2020 and the amendments made by that Act,
the Bank Secrecy Act (as defined in section 6003 of the
Anti-Money Laundering Act of 2020), and other anti-money
laundering compliance laws; and
``(vi) any other matter that the Director determines is
appropriate.
``(B) Testimony classification.--The testimony required
under subparagraph (A)--
``(i) shall be submitted in unclassified form; and
``(ii) may include a classified portion.
``(d) Agency Coordination.--
``(1) In general.--The Secretary of the Treasury shall, to the
greatest extent practicable, update the information described in
subsection (b) by working collaboratively with other relevant
Federal, State, and Tribal agencies.
``(2) Information from relevant federal, state, and tribal
agencies.--Relevant Federal, State, and Tribal agencies, as
determined by the Secretary of the Treasury, shall, to the extent
practicable, and consistent with applicable legal protections,
cooperate with and provide information requested by FinCEN for
purposes of maintaining an accurate, complete, and highly useful
database for beneficial ownership information.
``(3) Regulations.--The Secretary of the Treasury, in
consultation with the heads of other relevant Federal agencies, may
promulgate regulations as necessary to carry out this subsection.
``(e) Notification of Federal Obligations.--
``(1) Federal.--The Secretary of the Treasury shall take
reasonable steps to provide notice to persons of their obligations
to report beneficial ownership information under this section,
including by causing appropriate informational materials describing
such obligations to be included in 1 or more forms or other
informational materials regularly distributed by the Internal
Revenue Service and FinCEN.
``(2) States and indian tribes.--
``(A) In general.--As a condition of the funds made
available under this section, each State and Indian Tribe
shall, not later than 2 years after the effective date of the
regulations promulgated under subsection (b)(4), take the
following actions:
``(i) The secretary of a State or a similar office in
each State or Indian Tribe responsible for the formation or
registration of entities created by the filing of a public
document with the office under the law of the State or
Indian Tribe shall periodically, including at the time of
any initial formation or registration of an entity,
assessment of an annual fee, or renewal of any license to
do business in the United States and in connection with
State or Indian Tribe corporate tax assessments or
renewals--
``(I) notify filers of their requirements as
reporting companies under this section, including the
requirements to file and update reports under
paragraphs (1) and (2) of subsection (b); and
``(II) provide the filers with a copy of the
reporting company form created by the Secretary of the
Treasury under this subsection or an internet link to
that form.
``(ii) The secretary of a State or a similar office in
each State or Indian Tribe responsible for the formation or
registration of entities created by the filing of a public
document with the office under the law of the State or
Indian Tribes shall update the websites, forms relating to
incorporation, and physical premises of the office to
notify filers of their requirements as reporting companies
under this section, including providing an internet link to
the reporting company form created by the Secretary of the
Treasury under this section.
``(B) Notification from the department of the treasury.--A
notification under clause (i) or (ii) of subparagraph (A) shall
explicitly state that the notification is on behalf of the
Department of the Treasury for the purpose of preventing money
laundering, the financing of terrorism, proliferation
financing, serious tax fraud, and other financial crime by
requiring nonpublic registration of business entities formed or
registered to do business in the United States.
``(f) No Bearer Share Corporations or Limited Liability
Companies.--A corporation, limited liability company, or other similar
entity 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 entity.
``(g) Regulations.--In promulgating regulations carrying out this
section, the Director shall reach out to members of the small business
community and other appropriate parties to ensure efficiency and
effectiveness of the process for the entities subject to the
requirements of this section.
``(h) Penalties.--
``(1) Reporting violations.--It shall be unlawful for any
person to--
``(A) willfully provide, or attempt to provide, false or
fraudulent beneficial ownership information, including a false
or fraudulent identifying photograph or document, to FinCEN in
accordance with subsection (b); or
``(B) willfully fail to report complete or updated
beneficial ownership information to FinCEN in accordance with
subsection (b).
``(2) Unauthorized disclosure or use.--Except as authorized by
this section, it shall be unlawful for any person to knowingly
disclose or knowingly use the beneficial ownership information
obtained by the person through--
``(A) a report submitted to FinCEN under subsection (b); or
``(B) a disclosure made by FinCEN under subsection (c).
``(3) Criminal and civil penalties.--
``(A) Reporting violations.--Any person that violates
subparagraph (A) or (B) of paragraph (1)--
``(i) shall be liable to the United States for a civil
penalty of not more than $500 for each day that the
violation continues or has not been remedied; and
``(ii) may be fined not more than $10,000, imprisoned
for not more than 2 years, or both.
``(B) Unauthorized disclosure or use violations.--Any
person that violates paragraph (2)--
``(i) shall be liable to the United States for a civil
penalty of not more than $500 for each day that the
violation continues or has not been remedied; and
``(ii)(I) shall be fined not more than $250,000, or
imprisoned for not more than 5 years, or both; or
``(II) while violating another law of the United States
or as part of a pattern of any illegal activity involving
more than $100,000 in a 12-month period, shall be fined not
more than $500,000, imprisoned for not more than 10 years,
or both.
``(C) Safe harbor.--
``(i) Safe harbor.--
``(I) In general.--Except as provided in subclause
(II), a person shall not be subject to civil or
criminal penalty under subparagraph (A) if the person--
``(aa) has reason to believe that any report
submitted by the person in accordance with
subsection (b) contains inaccurate information; and
``(bb) in accordance with regulations issued by
the Secretary, voluntarily and promptly, and in no
case later than 90 days after the date on which the
person submitted the report, submits a report
containing corrected information.
``(II) Exceptions.--A person shall not be exempt
from penalty under clause (i) if, at the time the
person submits the report required by subsection (b),
the person--
``(aa) acts for the purpose of evading the
reporting requirements under subsection (b); and
``(bb) has actual knowledge that any
information contained in the report is inaccurate.
``(ii) Assistance.--FinCEN shall provide assistance to
any person seeking to submit a corrected report in
accordance with clause (i)(I).
``(4) User complaint process.--
``(A) In general.--The Inspector General of the Department
of the Treasury, in coordination with the Secretary of the
Treasury, shall provide public contact information to receive
external comments or complaints regarding the beneficial
ownership information notification and collection process or
regarding the accuracy, completeness, or timeliness of such
information.
``(B) Report.--The Inspector General of the Department of
the Treasury shall submit to Congress a periodic report that--
``(i) summarizes external comments or complaints and
related investigations conducted by the Inspector General
related to the collection of beneficial ownership
information; and
``(ii) includes recommendations, in coordination with
FinCEN, to improve the form and manner of the notification,
collection and updating processes of the beneficial
ownership information reporting requirements to ensure the
beneficial ownership information reported to FinCEN is
accurate, complete, and highly useful.
``(5) Treasury office of inspector general investigation in the
event of a cybersecurity breach.--
``(A) In general.--In the event of a cybersecurity breach
that results in substantial unauthorized access and disclosure
of sensitive beneficial ownership information, the Inspector
General of the Department of the Treasury shall conduct an
investigation into FinCEN cybersecurity practices that, to the
extent possible, determines any vulnerabilities within FinCEN
information security and confidentiality protocols and provides
recommendations for fixing those deficiencies.
``(B) Report.--The Inspector General of the Department of
the Treasury shall submit to the Secretary of the Treasury a
report on each investigation conducted under subparagraph (A).
``(C) Actions of the secretary.--Upon receiving a report
submitted under subparagraph (B), the Secretary of the Treasury
shall--
``(i) determine whether the Director had any
responsibility for the cybersecurity breach or whether
policies, practices, or procedures implemented at the
direction of the Director led to the cybersecurity breach;
and
``(ii) submit to Congress a written report outlining
the findings of the Secretary, including a determination by
the Secretary on whether to retain or dismiss the
individual serving as the Director.
``(6) Definition.--In this subsection, the term `willfully'
means the voluntary, intentional violation of a known legal duty.
``(i) Continuous Review of Exempt Entities.--
``(1) In general.--On and after the effective date of the
regulations promulgated under subsection (b)(4), if the Secretary
of the Treasury makes a determination, which may be based on
information contained in the report required under section 6502(c)
of the Anti-Money Laundering Act of 2020 or on any other
information available to the Secretary, that an entity or class of
entities described in subsection (a)(11)(B) has been involved in
significant abuse relating to money laundering, the financing of
terrorism, proliferation finance, serious tax fraud, or any other
financial crime, not later than 90 days after the date on which the
Secretary makes the determination, the Secretary shall submit to
the Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives a report that explains the reasons for the
determination and any administrative or legislative recommendations
to prevent such abuse.
``(2) Classified annex.--The report required by paragraph (1)--
``(A) shall be submitted in unclassified form; and
``(B) may include a classified annex.''.
(b) Conforming Amendments.--Title 31, United States Code, is
amended--
(1) in section 5321(a)--
(A) in paragraph (1), by striking ``sections 5314 and
5315'' each place that term appears and inserting ``sections
5314, 5315, and 5336''; and
(B) in paragraph (6), by inserting ``(except section
5336)'' after ``subchapter'' each place that term appears;
(2) in section 5322, by striking ``section 5315 or 5324'' each
place that term appears and inserting ``section 5315, 5324, or
5336''; and
(3) in the table of sections for chapter 53, as amended by
sections 6306(b)(1), 6307(b), and 6313(b) of this division, by
adding at the end the following:
``5336. Beneficial ownership information reporting requirements.''.
(c) Reporting Requirements for Federal Contractors.--
(1) In general.--Not later than 2 years after the date of
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 that is subject to the
requirement to disclose beneficial ownership information under
section 5336 of title 31, United States Code, as added by
subsection (a) of this section, 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.
(2) Applicability.--The revision required under paragraph (1)
shall not apply to a covered contractor or subcontractor, as
defined in section 847 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92), that is subject to the
beneficial ownership disclosure and review requirements under that
section.
(d) Revised Due Diligence Rulemaking.--
(1) In general.--Not later than 1 year after the effective date
of the regulations promulgated under section 5336(b)(4) of title
31, United States Code, as added by subsection (a) of this section,
the Secretary of the Treasury shall revise the final rule entitled
``Customer Due Diligence Requirements for Financial Institutions''
(81 Fed. Reg. 29397 (May 11, 2016)) to--
(A) bring the rule into conformance with this division and
the amendments made by this division;
(B) account for the access of financial institutions to
beneficial ownership information filed by reporting companies
under section 5336, and provided in the form and manner
prescribed by the Secretary, in order to confirm the beneficial
ownership information provided directly to the financial
institutions to facilitate the compliance of those financial
institutions with anti-money laundering, countering the
financing of terrorism, and customer due diligence requirements
under applicable law; and
(C) reduce any burdens on financial institutions and legal
entity customers that are, in light of the enactment of this
division and the amendments made by this division, unnecessary
or duplicative.
(2) Conformance.--
(A) In general.--In carrying out paragraph (1), the
Secretary of the Treasury shall rescind paragraphs (b) through
(j) of section 1010.230 of title 31, Code of Federal
Regulations upon the effective date of the revised rule
promulgated under this subsection.
(B) Rule of construction.--Nothing in this section may be
construed to authorize the Secretary of the Treasury to repeal
the requirement that financial institutions identify and verify
beneficial owners of legal entity customers under section
1010.230(a) of title 31, Code of Federal Regulations.
(3) Considerations.--In fulfilling the requirements under this
subsection, the Secretary of the Treasury shall consider--
(A) the use of risk-based principles for requiring reports
of beneficial ownership information;
(B) the degree of reliance by financial institutions on
information provided by FinCEN for purposes of obtaining and
updating beneficial ownership information;
(C) strategies to improve the accuracy, completeness, and
timeliness of the beneficial ownership information reported to
the Secretary; and
(D) any other matter that the Secretary determines is
appropriate.
TITLE LXV--MISCELLANEOUS
Sec. 6501. Investigations and prosecution of offenses for violations of
the securities laws.
Sec. 6502. GAO and Treasury studies on beneficial ownership information
reporting requirements.
Sec. 6503. GAO study on feedback loops.
Sec. 6504. GAO CTR study and report.
Sec. 6505. GAO studies on trafficking.
Sec. 6506. Treasury study and strategy on trade-based money laundering.
Sec. 6507. Treasury study and strategy on money laundering by the
People's Republic of China.
Sec. 6508. Treasury and Justice study on the efforts of authoritarian
regimes to exploit the financial system of the United States.
Sec. 6509. Authorization of appropriations.
Sec. 6510. Discretionary surplus funds.
Sec. 6511. Severability.
SEC. 6501. INVESTIGATIONS AND PROSECUTION OF OFFENSES FOR VIOLATIONS OF
THE SECURITIES LAWS.
(a) In General.--Section 21(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78u(d)) is amended--
(1) in paragraph (3)--
(A) in the paragraph heading--
(i) by inserting ``Civil'' before ``Money penalties'';
and
(ii) by striking ``in civil actions'' and inserting
``and authority to seek disgorgement'';
(B) in subparagraph (A), by striking ``jurisdiction to
impose'' and all that follows through the period at the end and
inserting the following: ``jurisdiction to--
``(i) impose, upon a proper showing, a civil penalty to
be paid by the person who committed such violation; and
``(ii) require disgorgement under paragraph (7) of any
unjust enrichment by the person who received such unjust
enrichment as a result of such violation.''; and
(C) in subparagraph (B)--
(i) in clause (i), in the first sentence, by striking
``the penalty'' and inserting ``a civil penalty imposed
under subparagraph (A)(i)'';
(ii) in clause (ii), by striking ``amount of penalty''
and inserting ``amount of a civil penalty imposed under
subparagraph (A)(i)''; and
(iii) in clause (iii), in the matter preceding item
(aa), by striking ``amount of penalty for each such
violation'' and inserting ``amount of a civil penalty
imposed under subparagraph (A)(i) for each violation
described in that subparagraph'';
(2) in paragraph (4), by inserting ``under paragraph (7)''
after ``funds disgorged''; and
(3) by adding at the end the following:
``(7) Disgorgement.--In any action or proceeding brought by the
Commission under any provision of the securities laws, the
Commission may seek, and any Federal court may order, disgorgement.
``(8) Limitations periods.--
``(A) Disgorgement.--The Commission may bring a claim for
disgorgement under paragraph (7)--
``(i) not later than 5 years after the latest date of
the violation that gives rise to the action or proceeding
in which the Commission seeks the claim occurs; or
``(ii) not later than 10 years after the latest date of
the violation that gives rise to the action or proceeding
in which the Commission seeks the claim if the violation
involves conduct that violates--
``(I) section 10(b);
``(II) section 17(a)(1) of the Securities Act of
1933 (15 U.S.C. 77q(a)(1));
``(III) section 206(1) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-6(1)); or
``(IV) any other provision of the securities laws
for which scienter must be established.
``(B) Equitable remedies.--The Commission may seek a claim
for any equitable remedy, including for an injunction or for a
bar, suspension, or cease and desist order, not later than 10
years after the latest date on which a violation that gives
rise to the claim occurs.
``(C) Calculation.--For the purposes of calculating any
limitations period under this paragraph with respect to an
action or claim, any time in which the person against which the
action or claim, as applicable, is brought is outside of the
United States shall not count towards the accrual of that
period.
``(9) Rule of construction.--Nothing in paragraph (7) may be
construed as altering any right that any private party may have to
maintain a suit for a violation of this Act.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any action or proceeding that is pending on, or
commenced on or after, the date of enactment of this Act.
SEC. 6502. GAO AND TREASURY STUDIES ON BENEFICIAL OWNERSHIP INFORMATION
REPORTING REQUIREMENTS.
(a) Effectiveness of Incorporation Practices Study.--Not later than
2 years after the effective date of the regulations promulgated under
section 5336(b)(4) of title 31, United States Code, as added by section
6403(a) of this division, the Comptroller General of the United States
shall conduct a study and submit to Congress a report assessing the
effectiveness of incorporation practices implemented under this
division, and the amendments made by this division, in--
(1) providing national security, intelligence, and law
enforcement agencies with prompt access to reliable, useful, and
complete beneficial ownership information; and
(2) strengthening the capability of national security,
intelligence, and law enforcement agencies to--
(A) combat incorporation abuses and civil and criminal
misconduct; and
(B) detect, prevent, or prosecute money laundering, the
financing of terrorism, proliferation finance, serious tax
fraud, or other crimes.
(b) Using Technology to Avoid Duplicative Layers of Reporting
Obligations and Increase Accuracy of Beneficial Ownership
Information.--
(1) In general.--The Secretary, in consultation with the
Attorney General, shall conduct a study to evaluate--
(A) the effectiveness of using FinCEN identifiers, as
defined in section 5336 of title 31, United States Code, as
added by section 6403(a) of this division, or other simplified
reporting methods in order to facilitate a simplified
beneficial ownership regime for reporting companies;
(B) whether a reporting regime, whereby only company
shareholders are reported within the ownership chain of a
reporting company, could effectively track beneficial ownership
information and increase information to law enforcement;
(C) the costs associated with imposing any new verification
requirements on FinCEN; and
(D) the resources necessary to implement any such changes.
(2) Findings.--The Secretary shall submit to the relevant
committees of jurisdiction--
(A) the findings of the study conducted under paragraph
(1); and
(B) recommendations for carrying out the findings described
in subparagraph (A).
(c) Exempt Entities.--Not later than 2 years after the effective
date of regulations promulgated under section 5336(b)(4) of title 31,
United States Code, as added by section 6403(a) of this division, the
Comptroller General of the United States, in consultation with the
Secretary, Federal functional regulators, the Attorney General, the
Secretary of Homeland Security, and the intelligence community, shall
conduct a study and submit to Congress a report that--
(1) reviews the regulated status, related reporting
requirements, quantity, and structure of each class of
corporations, limited liability companies, and similar entities
that have been explicitly excluded from the definition of reporting
company and the requirement to report beneficial ownership
information under section 5336 of title 31, United States Code, as
added by section 6403(a) of this division;
(2) assesses the extent to which any excluded entity or class
of entities described in paragraph (1) pose significant risks of
money laundering, the financing of terrorism, proliferation
finance, serious tax fraud, and other financial crime; and
(3) identifies other policy areas related to the risks of
exempt entities described in paragraph (1) for Congress to consider
as Congress is conducting oversight of the new beneficial ownership
information reporting requirements established by this division and
amendments made by this division.
(d) Other Legal Entities Study.--Not later than 2 years after the
effective date of the regulations promulgated under section 5336(b)(4)
of title 31, United States Code, as added by section 6403(a) of this
division, the Comptroller General of the United States shall conduct a
study and submit to Congress a report--
(1) identifying each State that has procedures that enable
persons to form or register under the laws of the State
partnerships, trusts, or other legal entities, and the nature of
those procedures;
(2) identifying each State that requires persons seeking to
form or register partnerships, trusts, or other legal entities
under the laws of the State to provide beneficial owners (as
defined in section 5336(a) of title 31, United States Code, as
added by section 6403 of this division) or beneficiaries of those
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 those entities
in terrorism, money laundering, tax evasion, securities fraud,
or other misconduct; and
(B) has impeded investigations into entities suspected of
the misconduct described in subparagraph (A);
(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
(5) including what steps, if any, the United States has taken,
is planning to take, or should take in response to the criticism
described in paragraph (4).
SEC. 6503. GAO STUDY ON FEEDBACK LOOPS.
(a) Definition.--In this section, the term ``feedback loop'' means
feedback provided by the United States Government to relevant parties.
(b) Study.--The Comptroller General of the United States shall
conduct a study on--
(1) best practices within the United States Government for
feedback loops, including regulated private entities, on the usage
and usefulness of personally identifiable information, sensitive-
but-unclassified data, or similar information provided by the
parties to United States Government users of the information and
data, including law enforcement agencies and regulators; and
(2) any practice or standard 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.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of Representatives
a report containing--
(1) all findings and determinations made in carrying out the
study required under subsection (b);
(2) with respect to each of paragraphs (1) and (2) of
subsection (b), any best practice or significant concern identified
by the Comptroller General, and the applicability to public-private
partnerships and feedback loops with respect to efforts by the
United States Government to combat money laundering and other forms
of illicit finance; and
(3) recommendations of the Comptroller General to reduce or
eliminate any unnecessary collection by the United States
Government of the information described in subsection (b)(1).
SEC. 6504. GAO CTR STUDY AND REPORT.
The Comptroller General of the United States shall--
(1) not later than January 1, 2025, commence a study of
currency transaction reports, which shall include--
(A) a review, carried out in consultation with the
Secretary, FinCEN, the Attorney General, the State attorneys
general, and State, Tribal, and local law enforcement, of the
effectiveness of the currency transaction reporting regime in
effect as of the date of the study;
(B) an analysis of the importance of currency transaction
reports to law enforcement; and
(C) an analysis of the effects of raising the currency
transaction report threshold; and
(2) not later than December 31, 2025, submit to the Secretary
and Congress a report that includes--
(A) all findings and determinations made in carrying out
the study required under paragraph (1); and
(B) recommendations for improving the currency transaction
reporting regime.
SEC. 6505. GAO STUDIES ON TRAFFICKING.
(a) Definition of Human Trafficking.--In this section, the term
``human trafficking'' has the meaning given the term ``severe forms of
trafficking in persons'' in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(b) Gao Study and Report on Stopping Trafficking, Illicit Flows,
Laundering, and Exploitation.--
(1) Study.--The Comptroller General of the United States shall
carry out a study, in consultation with law enforcement, relevant
Federal agencies, appropriate private sector stakeholders
(including financial institutions and data and technology
companies), academic and other research organizations (including
survivor and victim advocacy organizations), and any other group
that the Comptroller General determines is appropriate on--
(A) 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 contiguous;
(B) commonly used methods to launder and move the proceeds
of trafficking;
(C) the types of suspicious financial activity that are
associated with illicit trafficking networks, and how financial
institutions identify and report such activity;
(D) the nexus between the identities and finances of
trafficked persons and fraud;
(E) the tools, guidance, training, partnerships,
supervision, or other mechanisms that Federal agencies,
including FinCEN, 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;
(F) 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;
(G) 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
(H) the role that emerging technologies, including
artificial intelligence, digital identity technologies,
distributed ledger technologies, virtual assets, and related
exchanges and online marketplaces, and other innovative
technologies, can play in assisting with and potentially
enabling the laundering of proceeds from trafficking.
(2) Report to congress.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services of
the House of Representatives a report--
(A) summarizing the results of the study required under
paragraph (1); and
(B) that contains any recommendations for legislative or
regulatory action that would improve the efforts of Federal
agencies to combat trafficking or the laundering of proceeds
from such activity.
(c) GAO Study and Report on Fighting Illicit Networks and Detecting
Trafficking.--
(1) Study.--The Comptroller General of the United States shall
conduct a study on how a range of payment systems and methods,
including virtual currencies in online marketplaces, are used to
facilitate human trafficking and drug trafficking, which shall
consider--
(A) how online marketplaces, including the dark web, may be
used as platforms to buy, sell, or facilitate the financing of
goods or services associated with human trafficking or drug
trafficking, specifically, opioids and synthetic opioids,
including fentanyl, fentanyl analogues, and any precursor
chemical associated with manufacturing fentanyl or fentanyl
analogues, destined for, originating from, or within the United
States;
(B) how financial payment methods, including virtual
currencies and peer-to-peer mobile payment services, may be
utilized by online marketplaces to facilitate the buying,
selling, or financing of goods and services associated with
human trafficking or drug trafficking destined for, originating
from, or within the United States;
(C) how virtual currencies may be used to facilitate the
buying, selling, or financing of goods and services associated
with human trafficking or drug trafficking, destined for,
originating from, or within the United States, when an online
platform is not otherwise involved;
(D) how illicit funds that have been transmitted online and
through virtual currencies are repatriated into the formal
banking system of the United States through money laundering or
other means;
(E) the participants, including State and non-State actors,
throughout the entire supply chain that may participate in or
benefit from the buying, selling, or financing of goods and
services associated with human trafficking or drug trafficking,
including through online marketplaces or using virtual
currencies, destined for, originating from, or within the
United States;
(F) Federal and State agency efforts to impede the buying,
selling, or financing of goods and services associated with
human trafficking or drug trafficking destined for, originating
from, or within the United States, including efforts to prevent
the proceeds from human trafficking or drug trafficking from
entering the United States banking system;
(G) how virtual currencies and their underlying
technologies can be used to detect and deter these illicit
activities; and
(H) to what extent immutability and traceability of virtual
currencies can contribute to the tracking and prosecution of
illicit funding.
(2) Report to congress.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services of
the House of Representatives a report--
(A) summarizing the results of the study required under
paragraph (1); and
(B) that contains any recommendations for legislative or
regulatory action that would improve the efforts of Federal
agencies to impede the use of virtual currencies and online
marketplaces in facilitating human trafficking and drug
trafficking.
SEC. 6506. TREASURY STUDY AND STRATEGY ON TRADE-BASED MONEY LAUNDERING.
(a) Study Required.--
(1) In general.--The Secretary shall carry out a study, in
consultation with appropriate private sector stakeholders, academic
and other international trade experts, and Federal agencies, on
trade-based money laundering.
(2) Contracting authority.--The Secretary may enter into a
contract with a private third-party entity to carry out the study
required by paragraph (1).
(b) Report Required.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report that includes--
(A) all findings and determinations made in carrying out
the study required under subsection (a); and
(B) proposed strategies to combat trade-based money
laundering.
(2) Classified annex.--The report required under paragraph
(1)--
(A) shall be submitted in unclassified form; and
(B) may include a classified annex.
SEC. 6507. TREASURY STUDY AND STRATEGY ON MONEY LAUNDERING BY THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Study.--The Secretary shall carry out a study, which shall rely
substantially on information obtained through the trade-based money
laundering analyses conducted by the Comptroller General of the United
States, on--
(1) the extent and effect of illicit finance risk relating to
the Government of the People's Republic of China and Chinese firms,
including financial institutions;
(2) an assessment of the illicit finance risks emanating from
the People's Republic of China;
(3) those risks allowed, directly or indirectly, by the
Government of the People's Republic of China, including those
enabled by weak regulatory or administrative controls of that
government; and
(4) the ways in which the increasing amount of global trade and
investment by the Government of the People's Republic of China and
Chinese firms exposes the international financial system to
increased risk relating to illicit finance.
(b) Strategy to Counter Chinese Money Laundering.--Upon the
completion of the study required under subsection (a), the Secretary,
in consultation with such other Federal agencies as the Secretary
determines appropriate, shall develop a strategy to combat Chinese
money laundering activities.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report containing--
(1) all findings and determinations made in carrying out the
study required under subsection (a); and
(2) the strategy developed under subsection (b).
(d) Classified Annex.--The report required by subsection (c)--
(1) shall be submitted in unclassified form; and
(2) may include a classified annex.
SEC. 6508. TREASURY AND JUSTICE STUDY ON THE EFFORTS OF AUTHORITARIAN
REGIMES TO EXPLOIT THE FINANCIAL SYSTEM OF THE UNITED STATES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary and the Attorney General, in consultation
with the heads of other relevant national security, intelligence, and
law enforcement agencies, shall conduct a study that considers how
authoritarian regimes in foreign countries and their proxies use the
financial system of the United States to--
(1) conduct political influence operations;
(2) sustain kleptocratic methods of maintaining power;
(3) export corruption;
(4) fund nongovernmental organizations, media organizations, or
academic initiatives in the United States to advance the interests
of those regimes; and
(5) otherwise undermine democratic governance in the United
States and the partners and allies of the United States.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives a report that contains--
(1) the results of the study required under subsection (a); and
(2) any recommendations for legislative or regulatory action,
or steps to be taken by United States financial institutions, that
would address exploitation of the financial system of the United
States by foreign authoritarian regimes.
SEC. 6509. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subsection (l) of section 310, of title 31, United
States Code, as redesignated by section 6103(1) of this division, is
amended by striking paragraph (1) and inserting the following:
``(1) In general.--There are authorized to be appropriated to
FinCEN to carry out this section, to remain available until
expended--
``(A) $136,000,000 for fiscal year 2021;
``(B) $60,000,000 for fiscal year 2022; and
``(C) $35,000,000 for each of fiscal years 2023 through
2026.''.
(b) Beneficial Ownership Information Reporting Requirements.--
Section 5336 of title 31, United States Code, as added by section
6403(a) of this division, is amended by adding at the end the
following:
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to FinCEN for each of the 3 fiscal years beginning on the
effective date of the regulations promulgated under subsection (b)(4),
such sums as may be necessary to carry out this section, including
allocating funds to the States to pay reasonable costs relating to
compliance with the requirements of such section.''.
SEC. 6510. 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 $40,000,000.
SEC. 6511. SEVERABILITY.
If any provision of this division, an amendment made by this
division, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this division, the amendments made by this division, and the
application of the provisions of such to any person or circumstance
shall not be affected thereby.
DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
SEC. 8001. SHORT TITLE.
This division may be cited as the ``Elijah E. Cummings Coast Guard
Authorization Act of 2020''.
SEC. 8002. DEFINITION OF COMMANDANT.
In this division, the term ``Commandant'' means the Commandant of
the Coast Guard.
TITLE LVXXXI--AUTHORIZATIONS
Sec. 8101. Authorizations of appropriations.
Sec. 8102. Authorized levels of military strength and training.
Sec. 8103. Determination of budgetary effects.
Sec. 8104. Availability of amounts for acquisition of additional
National Security Cutter.
Sec. 8105. Procurement authority for Polar Security Cutters.
Sec. 8106. Sense of the Congress on need for new Great Lakes icebreaker.
Sec. 8107. Procurement authority for Great Lakes icebreaker.
Sec. 8108. Polar Security Cutter acquisition report.
Sec. 8109. Shoreside infrastructure.
Sec. 8110. Major acquisition systems infrastructure.
Sec. 8111. Polar icebreakers.
Sec. 8112. Acquisition of fast response cutter.
SEC. 8101. 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. 8102. 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. 8103. 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. 8104. 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 8101 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 8101 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. 8105. 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 8101 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 8101 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. 8106. 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) 6 of the Coast Guard's 9 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 6 of the 9 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. 8107. 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 8101 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 Coast Guard Cutter 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. 8108. 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. 8109. SHORESIDE INFRASTRUCTURE.
Of the amounts authorized to be appropriated by section 4902(2)(A)
of title 14, United States Code, as amended by section 8101 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. 8110. 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
8101 of this division, $105,000,000 is authorized for the hangar
replacement listed in the fiscal year 2020 Unfunded Priority List.
SEC. 8111. 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. 8112. 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 8101 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 LVXXXII--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 8201. Grade on retirement.
Sec. 8202. Authority for officers to opt out of promotion board
consideration.
Sec. 8203. Temporary promotion authority for officers in certain grades
with critical skills.
Sec. 8204. Career intermission program.
Sec. 8205. Direct commissioning authority for individuals with critical
skills.
Sec. 8206. Employment assistance.
Subtitle B--Organization and Management Matters
Sec. 8211. Congressional affairs; Director.
Sec. 8212. Limitations on claims.
Sec. 8213. Renewal of temporary early retirement authority.
Sec. 8214. Major acquisitions; operation and sustainment costs.
Sec. 8215. Support of women serving in the Coast Guard.
Sec. 8216. Disposition of infrastructure related to E-LORAN.
Sec. 8217. Positions of importance and responsibility.
Sec. 8218. Research projects; transactions other than contracts and
grants.
Sec. 8219. Acquisition workforce authorities.
Sec. 8220. Vessel conversion, alteration, and repair projects.
Sec. 8221. Modification of acquisition process and procedures.
Sec. 8222. Establishment and purpose of Fund; definition.
Sec. 8223. Payments from Fund.
Sec. 8224. Determination of contributions to Fund.
Sec. 8225. Payments into Fund.
Subtitle C--Access to Child Care for Coast Guard Families
Sec. 8231. Report on child care and school-age care assistance for
qualified families.
Sec. 8232. Review of family support services website and online tracking
system.
Sec. 8233. Study and survey on Coast Guard child care needs.
Sec. 8234. Pilot program to expand access to child care.
Sec. 8235. Improvements to Coast Guard-owned family housing.
Sec. 8236. Briefing on transfer of family child care provider
qualifications and certifications.
Sec. 8237. Inspections of Coast Guard child development centers and
family child care providers.
Sec. 8238. Expanding opportunities for family child care.
Sec. 8239. Definitions.
Subtitle D--Reports
Sec. 8240. Modifications of certain reporting requirements.
Sec. 8241. Report on cybersecurity workforce.
Sec. 8242. Report on navigation and bridge resource management.
Sec. 8243. Report on helicopter life-cycle support and recapitalization.
Sec. 8244. Report on Coast Guard response capabilities for cyber
incidents on vessels entering ports or waters of the United
States.
Sec. 8245. Study and report on Coast Guard interdiction of illicit drugs
in transit zones.
Sec. 8246. Report on liability limits set in section 1004 of the Oil
Pollution Act of 1990.
Sec. 8247. Report on Coast Guard defense readiness resources allocation.
Sec. 8248. Report on the feasibility of liquefied natural gas fueled
vessels.
Sec. 8249. Coast Guard authorities study.
Sec. 8250. Report on effects of climate change on Coast Guard.
Sec. 8251. Shore infrastructure.
Sec. 8252. Coast Guard housing; status and authorities briefing.
Sec. 8253. Physical access control system report.
Sec. 8254. 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. 8255. Comptroller General of the United States review and report on
Coast Guard's International Port Security Program.
Sec. 8256. Comptroller General of the United States review and report on
surge capacity of the Coast Guard.
Sec. 8257. Comptroller General of the United States review and report on
marine inspections program of Coast Guard.
Sec. 8258. Comptroller General of the United States review and report on
information technology program of Coast Guard.
Sec. 8259. Comptroller General of the United States study and report on
access to health care by members of Coast Guard and
dependents.
Sec. 8260. Comptroller General of the United States study and report on
medical staffing standards and needs for Coast Guard.
Sec. 8261. Report on fast response cutters, offshore patrol cutters, and
national security cutters.
Subtitle E--Coast Guard Academy Improvement Act
Sec. 8271. Short title.
Sec. 8272. Coast Guard Academy study.
Sec. 8273. Annual report.
Sec. 8274. Assessment of Coast Guard Academy admission processes.
Sec. 8275. Coast Guard Academy minority outreach team program.
Sec. 8276. Coast Guard college student pre-commissioning initiative.
Sec. 8277. Annual board of visitors.
Sec. 8278. 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.
Subtitle A--Military Personnel Matters
SEC. 8201. 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 not 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. 8202. 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. 8203. 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. 8204. 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
duty in order to meet personal or professional needs and returned to
active duty at the end of such period of inactivation from active duty.
``(b) Period of Inactivation From Active Duty; Effect of
Inactivation.--
``(1) In general.--The period of inactivation from active duty
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 duty under the program.
``(2) To undergo during the period of the inactivation of the
member from active duty 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 duty.
``(3) Following completion of the period of the inactivation of
the member from active duty under the program, to serve 2 months as
a member of the Coast Guard on active duty for each month of the
period of the inactivation of the member from active duty 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 duty.
``(e) Order to Active Duty.--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 duty.
``(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 duty 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 duty 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 duty.--
``(A) Special or incentive pay or bonus.--Subject to
subparagraph (B), upon the return of a member to active duty
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 duty 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 duty.
``(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 duty 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 duty 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 duty 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 duty.--Upon the return of an officer to
active duty 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 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 duty under the program; and
``(B) ends at such time after the return of the member to
active duty 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. 8205. 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. 8206. 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. 8211. 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. 8212. 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. 8213. 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. 8214. 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. 8215. 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 8215 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. 8216. 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. 8217. 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. 8218. 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 to the extent provided in
advance in appropriations Acts for--
``(A) operations and support;
``(B) research, development, test, and evaluation; and
``(C) procurement, construction, and improvement.
``(b) 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) shall be deposited in the general fund
of the Treasury. Amounts so deposited shall be available for the
purposes of carrying out this section, to the extent provided in
advance in appropriations Acts.
``(c) 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.
``(d) 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.
``(e) 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.
``(f) Regulations.--The Commandant shall prescribe regulations, as
necessary, to carry out this section.
``(g) 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. 8219. 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. 8220. 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. 8221. 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. 8222. 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. 8223. 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. 8224. 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. 8225. 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 (2)(B) by striking ``(other than the Coast
Guard)''; and
(C) by striking the flush language following paragraph
(2)(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. 8231. 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. 8232. 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 8234.
(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. 8233. 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. 8234. 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 8231 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 8233(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 8233(a).
SEC. 8235. 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 8239 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. 8236. 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. 8237. 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. 8238. 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. 8239. 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. 8240. 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. 8241. 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. 8242. 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. 8243. 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. 8244. 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. 8245. 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. 8246. 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. 8247. 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. 8248. 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. 8249. 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. 8250. 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. 8251. 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. 8252. 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. 8253. 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. 8254. 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. 8255. 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. 8256. 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. 8257. 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. 8258. 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. 8259. 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,
care for children with special needs, child and adolescent
psychiatry, 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. 8260. 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 barriers, if any, to improving coordination and
access to physicians within the health care system of the
Department of Defense.
(E) 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.
(F) The staffing models of clinics of the Coast Guard,
including recommendations to modernize such models.
(G) The locations and needs of Coast Guard units with or
without clinics.
(H) 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. 8261. 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. 8271. SHORT TITLE.
This subtitle may be cited as the ``Coast Guard Academy Improvement
Act''.
SEC. 8272. 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. 8273. 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 8272 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. 8274. 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 8272(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. 8275. 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. 8276. 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. 8277. 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. 8278. 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. 8281. 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. 8282. 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. 8283. 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. 8284. 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. 8285. 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. 8286. 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. 8287. 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 LVXXXIII--MARITIME
Subtitle A--Navigation
Sec. 8301. Electronic charts; equivalency.
Sec. 8302. Subrogated claims.
Sec. 8303. Loan provisions under Oil Pollution Act of 1990.
Sec. 8304. Oil pollution research and development program.
Subtitle B--Shipping
Sec. 8311. Passenger vessel security and safety requirements;
application.
Sec. 8312. Small passenger vessels and uninspected passenger vessels.
Sec. 8313. Non-operating individual.
Sec. 8314. Conforming amendments: training; public safety personnel.
Sec. 8315. Maritime transportation assessment.
Sec. 8316. Engine cut-off switches; use requirement.
Sec. 8317. Authority to waive operator of self-propelled uninspected
passenger vessel requirements.
Sec. 8318. Exemptions and equivalents.
Sec. 8319. Renewal of merchant mariner licenses and documents.
Sec. 8320. Certificate extensions.
Sec. 8321. Vessel safety standards.
Sec. 8322. Medical standards.
Subtitle C--Advisory Committees
Sec. 8331. Advisory committees.
Sec. 8332. Maritime Transportation System National Advisory Committee.
Sec. 8333. Expired maritime liens.
Sec. 8334. Great Lakes Pilotage Advisory Committee.
Sec. 8335. National Commercial Fishing Safety Advisory Committee.
Sec. 8336. 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. 8341. Port, harbor, and coastal facility security.
Sec. 8342. Aiming laser pointer at vessel.
Sec. 8343. Safety of special activities.
Sec. 8344. Security plans; reviews.
Sec. 8345. Vessel traffic service.
Sec. 8346. Transportation work identification card pilot program.
Subtitle A--Navigation
SEC. 8301. 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. 8302. 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. 8303. 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. 8304. 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.''.
Subtitle B--Shipping
SEC. 8311. 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. 8312. 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. 8313. 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. 8314. 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. 8315. 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. 8316. 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. 8317. 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. 8318. 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. 8319. 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. 8320. 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. 8321. 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. 8322. 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. 8331. 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. 8332. 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) Marine Highways.--
(1) 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.
(2) Marine highways program.--The chapter heading of chapter
556 of title 46, United States Code, is amended to read ``MARINE
HIGHWAYS''.
(3) Marine highways.--Section 55601 of title 46, United States
Code, is amended--
(A) in the section heading by striking ``Short sea'' and
inserting ``Marine highways'';
(B) by striking ``short sea'' and inserting ``marine
highway'' each place such term appears;
(C) in subsection (a)--
(i) by striking ``transportation program'' and
inserting ``transportation program to be known as the
`America's Marine highway program'''; and
(ii) by striking ``mitigate landside congestion or to
promote short sea transportation'' and insert ``provide a
coordinated and capable alternative to landside
transportation or to promote marine highway
transportation''; and
(D) in subsection (b)--
(i) in the subsection heading by striking ``Short Sea
Transportation'' and inserting ``Marine Highway
Transportation''; and
(ii) by striking paragraph (1) and inserting the
following:
``(1) vessels documented under chapter 121 of this title;''.
(4) Cargo and shippers; interagency coordination and
research.--Sections 55602 and 55604 of title 46, United States
Code, are amended by striking ``short sea'' and inserting ``marine
highway'' each place such term appears.
(5) Research on marine highways transportation.--Section 55604
of title 46, United States Code, is amended in the section heading
by striking ``short sea'' and inserting ``marine highway''
(6) Definition.--Section 55605 of title 46, United States Code,
is amended--
(A) in the section heading by striking ``Short sea'' and
inserting ``Marine highway''; and
(B) by striking ``short sea transportation'' and inserting
``marine highway transportation''.
(7) Clerical amendments.--The analysis for chapter 556 of title
46, United States Code, is amended--
(A) by striking the item related to chapter 556 and
inserting the following:
``Chapter 556--Marine Highways'';
(B) by striking the item related to section 55601 and
inserting the following:
``55601. Marine highways transportation program.'';
(C) by striking the item related to section 55604 and
inserting the following:
``55604. Research on marine highway transportation.''; and
(D) by striking the item related to section 55605 and
inserting the following:
``55605. Marine highway transportation defined.''.
SEC. 8333. 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. 8334. 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. 8335. 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. 8336. 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. 8341. 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. 8342. 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. 8343. 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. 8344. 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. 8345. 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. 8346. 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 LVXXXIV--MISCELLANEOUS
Subtitle A--Navigation and Shipping
Sec. 8401. Coastwise trade.
Sec. 8402. Towing vessels operating outside boundary line.
Sec. 8403. Sense of Congress regarding the maritime industry of the
United States.
Sec. 8404. Cargo preference study.
Sec. 8405. Towing vessel inspection fees review.
Subtitle B--Maritime Domain Awareness
Sec. 8411. Unmanned maritime systems and satellite vessel tracking
technologies.
Sec. 8412. Unmanned aircraft systems testing.
Sec. 8413. Land-based unmanned aircraft system program of Coast Guard.
Sec. 8414. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 8415. United States commercial space-based radio frequency maritime
domain awareness testing and evaluation program.
Sec. 8416. Authorization of use of automatic identification systems
devices to mark fishing equipment.
Subtitle C--Arctic
Sec. 8421. Coast Guard Arctic prioritization.
Sec. 8422. Arctic PARS Native engagement.
Sec. 8423. Voting requirement.
Sec. 8424. Report on the Arctic capabilities of the Armed Forces.
Sec. 8425. Report on Arctic search and rescue.
Sec. 8426. Arctic Shipping Federal Advisory Committee.
Subtitle D--Other Matters
Sec. 8431. Plan for wing-in-ground demonstration plan.
Sec. 8432. Northern Michigan oil spill response planning.
Sec. 8433. Documentation of LNG tankers.
Sec. 8434. Replacement vessel.
Sec. 8435. Educational vessel.
Sec. 8436. Waters deemed not navigable waters of the United States for
certain purposes.
Sec. 8437. Anchorages.
Sec. 8438. Comptroller General of the United States study and report on
vertical evacuation for tsunamis at Coast Guard Stations in
Washington and Oregon.
Sec. 8439. Authority to enter into agreements with National Coast Guard
Museum Association.
Sec. 8440. Video equipment; access and retention of records.
Sec. 8441. Regulations for covered small passenger vessels.
Subtitle A--Navigation and Shipping
SEC. 8401. 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. 8402. 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. 8403. 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. 8404. 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. 8405. TOWING VESSEL INSPECTION FEES REVIEW.
Not later than 180 days after the date of 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--
(1) the results of the review required under section 815 of the
Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law
115-282); and
(2) a copy of any regulation required pursuant to section
815(b) of such Act to establish specific inspection fees for such
vessels.
Subtitle B--Maritime Domain Awareness
SEC. 8411. 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. 8412. 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. 8413. 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. 8414. 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. 8415. UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY
MARITIME DOMAIN AWARENESS TESTING AND EVALUATION PROGRAM.
(a) Testing and Evaluation Program.--The Commandant, 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, the Commandant 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. 8416. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS
DEVICES TO MARK FISHING EQUIPMENT.
(a) Definitions.--In this section--
(1) the term ``Assistant Secretary'' means the Assistant
Secretary of Commerce for Communications and Information and the
National Telecommunications and Information Administration
Administrator;
(2) 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;
(3) the term ``Automatic Identification System device'' means a
covered device that operates in radio frequencies assigned for
Automatic Identification System stations;
(4) the term ``Commission'' means the Federal Communications
Commission; and
(5) 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 coordination with the
Assistant Secretary, and in consultation with the Commandant and the
Secretary of State, shall initiate a rulemaking proceeding to consider
whether to authorize covered devices to operate in radio frequencies
assigned for Automatic Identification System stations.
(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 for Automatic Identification
System stations consistent with the core purpose of the Automatic
Identification System to prevent maritime accidents.
Subtitle C--Arctic
SEC. 8421. 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. 8422. 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. 8423. 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. 8424. 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. 8425. 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. 8426. 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. 8431. 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. 8432. 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. 8433. DOCUMENTATION OF LNG TANKERS.
(a) ``Safari Voyager''.--
(1) In general.--Notwithstanding sections 12112 and 12132 of
title 46, United States Code, the Secretary of the department in
which the Coast Guard is operating shall issue a certificate of
documentation with a coastwise endorsement for the vessel Safari
Voyager (International Maritime Organization number 8963753).
(2) Revocation of effectiveness of certificate.--A certificate
of documentation issued under paragraph (1) is revoked on the date
of the sale of the vessel or the entity that owns the vessel.
(b) ``Pacific Provider''.--
(1) In general.--Notwithstanding sections 12112 and 12132 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 Pacific
Provider (United States official number 597967).
(2) Revocation of effectiveness of certificate.--A certificate
of documentation issued under paragraph (1) is revoked on the date
of the sale of the vessel or the entity that owns the vessel.
(c) America's Cup Act of 2011.--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 an entity 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. 8434. 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. 8435. 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. 8436. 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. 8437. 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
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. 8438. 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. 8439. 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.
``(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) Services.--The Commandant may solicit from the Association
and accept services from nonprofit entities, including services related
to activities for construction of the Museum.
``(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. 8440. VIDEO EQUIPMENT; ACCESS AND RETENTION OF RECORDS.
(a) 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.''.
(b) 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.''.
(c) 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. 8441. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS.
(a) In General.--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).''.
(b) Section 3202.--Section 3202(b) of title 46, United States Code,
is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and indenting appropriately;
(2) by striking ``This chapter'' and inserting the following:
``(1) In general.--This chapter''; and
(3) by adding at the end the following:
``(2) Safety management system.--Notwithstanding any other
provision in this chapter, including paragraph (1)(B), any
regulations under section 3203, including the safety management
system established by such regulations, issued on or after the date
of enactment of the Elijah E. Cummings Coast Guard Authorization
Act of 2020, shall apply to all covered small passenger vessels, as
defined in section 3306(n)(5).''.
(c) Section 3203.--Section 3203(a) of title 46, United States Code,
is amended by inserting ``(including, for purposes of this section, all
covered small passenger vessels, as defined in section 3306(n)(5))''
after ``vessels to which this chapter applies''.
TITLE LVXXXV--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 8501. Transfers.
Sec. 8502. Additional transfers.
Sec. 8503. License exemptions; repeal of obsolete provisions.
Sec. 8504. Maritime transportation system.
Sec. 8505. References to ``persons'' and ``seamen''.
Sec. 8506. References to ``himself'' and ``his''.
Sec. 8507. Miscellaneous technical corrections.
Sec. 8508. Technical corrections relating to codification of Ports and
Waterways Safety Act.
Sec. 8509. Aids to navigation.
Sec. 8510. Transfers related to employees of Lighthouse Service.
Sec. 8511. Transfers related to surviving spouses of Lighthouse Service
employees.
Sec. 8512. Repeals related to lighthouse statutes.
Sec. 8513. Common appropriation structure.
SEC. 8501. 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. 8502. 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. 8503. 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. 8504. 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. 8505. 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. 8506. 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. 8507. 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. 8508. 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. 8509. 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. 8510. 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. 8511. 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. 8512. 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.
SEC. 8513. COMMON APPROPRIATION STRUCTURE.
(a) Common Appropriations Structure.--
(1) Prospective payment of funds necessary to provide medical
care.--Section 506 of title 14, United States Code, is amended--
(A) in subsection (a)(1), by inserting ``as established
under chapter 56 of title 10'' after ``Medicare-Eligible
Retiree Health Care Fund''; and
(B) in subsection (b)(1), by striking ``operating
expenses'' and inserting ``operations and support''.
(2) Use of certain appropriated funds.--Section 903 of title
14, United States Code, is amended--
(A) in subsection (a), by striking ``acquisition,
construction, and improvement of facilities, for research,
development, test, and evaluation; and for the alteration of
bridges over the navigable waters'' and inserting
``procurement, construction, and improvement of facilities and
for research and development''; and
(B) in subsection (d)(1), amended by section 241(b)(1), by
striking ``operating expenses'' and inserting ``operations and
support''.
(3) Confidential investigative expenses.--Section 944 of title
14, United States Code, is amended--
(A) by striking ``necessary expenses for the operation''
and inserting ``the operations and support''; and
(B) by striking ``his'' each place it appears and inserting
``the Commandant's''.
(4) Procurement of personnel.--Section 2701 of title 14, United
States Code, is amended--
(A) by striking ``operating expense'' and inserting
``operations and support'';
(B) by striking ``but not limited to''; and
(C) by striking ``in order''.
(5) Requirement for prior authorization of appropriations.--
Section 4901 of title 14, United States Code, is amended--
(A) in paragraph (1), by striking ``maintenance'' and
inserting ``support'';
(B) in paragraph (2), by striking ``acquisition'' and
inserting ``procurement'';
(C) by striking paragraphs (3), (4), and (6);
(D) by redesignating paragraph (5) as paragraph (3); and
(E) in paragraph (3), as redesignated by subparagraph (D),
by striking ``research, development, test, and evaluation'' and
inserting ``research and development.''.
(b) Title 46.--Sections 3317(b), 7504, 80301(c), and 80505(b)(3) of
title 46, United States Code, are each amended by striking ``operating
expenses'' and inserting ``operations and support''.
(c) Oil Spill Liability Trust Fund.--Section 1012(a)(5)(A) of the
Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended by
striking ``operating expenses'' and inserting ``operations and
support''.
TITLE LVXXXVI--FEDERAL MARITIME COMMISSION
SEC. 8601. SHORT TITLE.
This title may be cited as the ``Federal Maritime Commission
Authorization Act of 2020''.
SEC. 8602. 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. 8603. 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. 8604. 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
``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 under 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.--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) Volunteer Services and Compensation.--
``(1) Notwithstanding any other provision of law, a member of
the Committee may serve on such committee on a voluntary basis
without pay.
``(2) No member of the Committee shall receive compensation for
service on the Committee.
``(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 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) No Additional Funds Authorized.--No funds in addition to the
funds authorized in section 308 of title 46, United States Code, are
authorized to carry out this title or the amendments made by this
section.
(c) 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:
``Chapter 425--National Shipper Advisory Committee''.
SEC. 8605. 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:
<SUP>``Part</SUP> D--Federal</SUP> Maritime</SUP> Commission
</SUP>``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 H--OTHER MATTERS
TITLE XC--HOMELAND SECURITY MATTERS
Sec. 9001. Department of Homeland Security CISA Director.
Sec. 9002. Sector risk management agencies.
Sec. 9003. Review and analysis of inland waters seaport security.
Sec. 9004. Department of Homeland Security reports on digital content
forgery technology.
Sec. 9005. GAO study of cybersecurity insurance.
Sec. 9006. Strategy to secure email.
Sec. 9007. Department of Homeland Security large-scale non-intrusive
inspection scanning plan.
SEC. 9001. DEPARTMENT OF HOMELAND SECURITY CISA DIRECTOR.
(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 (3); and
(2) inserting after paragraph (1) the following new paragraph:
``(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 five 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.''.
(b) 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.''.
(c) Executive Assistant Director for Cybersecurity.--
(1) In general.--Section 2203 of the Homeland Security Act of
2002 (6 U.S.C. 653) is amended--
(A) in subsection (a)--
(i) in paragraph (2)--
(I) in the heading, by striking ``Assistant
director.--'' and inserting ``Executive assistant
director.--''; and
(II) in the matter preceding subparagraph (A)--
(aa) by striking ``Assistant Director for
Cybersecurity'' and inserting ``Executive Assistant
Director for Cybersecurity''; and
(bb) by striking ``the `Assistant Director' and
inserting `the Executive Assistant Director'''; and
(ii) in paragraph (3)--
(I) by inserting ``or Assistant Director for
Cybersecurity'' after ``Assistant Secretary for
Cybersecurity and Communications''; and
(II) by striking ``Assistant Director for
Cybersecurity.'' and inserting ``Executive Assistant
Director for Cybersecurity.''; and
(B) in subsection (b), in the matter preceding paragraph
(1), by striking ``Assistant Director'' and inserting
``Executive Assistant Director''.
(2) Continuation in office.--The individual serving as the
Assistant Director for Cybersecurity of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security on the day before the date of enactment of this Act may
serve as the Executive Assistant Director for Cybersecurity on and
after that date without the need for renomination or reappointment.
(d) Executive Assistant Director for Infrastructure Security.--
(1) In general.--Section 2204 of the Homeland Security Act of
2002 (6 U.S.C. 654) is amended--
(A) in subsection (a)--
(i) in paragraph (2)--
(I) in the heading, by striking ``Assistant
director.--'' and inserting ``Executive assistant
director.--''; and
(II) in the matter preceding subparagraph (A)--
(aa) by striking ``Assistant Director for
Infrastructure Security'' and inserting ``Executive
Assistant Director for Infrastructure Security'';
and
(bb) by striking ``the `Assistant Director' and
inserting `the Executive Assistant Director'''; and
(ii) in paragraph (3)--
(I) by inserting ``or Assistant Director for
Infrastructure Security'' after ``Assistant Secretary
for Infrastructure Protection''; and
(II) by striking ``Assistant Director for
Infrastructure Security.'' and inserting ``Executive
Assistant Director for Infrastructure Security.''; and
(B) in subsection (b), by striking ``Assistant Director''
in the matter preceding paragraph (1) and inserting ``Executive
Assistant Director''.
(2) Continuation in office.--The individual serving as the
Assistant Director for Infrastructure Security of the Cybersecurity
and Infrastructure Security Agency of the Department of Homeland
Security on the day before the date of enactment of this Act may
serve as the Executive Assistant Director for Infrastructure
Security on and after that date without the need for renomination
or reappointment.
(e) Executive Assistant Director for Emergency Communications.--
(1) In general.--Section 1801 of the Homeland Security Act of
2002 (6 U.S.C. 571) is amended--
(A) in subsection (b)--
(i) in the heading, by striking ``Assistant Director.--
'' and inserting ``Executive Assistant Director.--'';
(ii) in the first sentence, by striking ``Assistant
Director for Emergency Communications.'' and inserting
``Executive Assistant Director for Emergency Communications
(in this section referred to as the `Executive Assistant
Director').''; and
(iii) in the second and third sentences, by striking
``Assistant Director'' both places such term appears and
inserting ``Executive Assistant Director''; and
(B) in subsection (c), in the matter preceding paragraph
(1), by striking ``Assistant Director for Emergency
Communications'' and inserting ``Executive Assistant
Director'';
(C) in subsection (d), in the matter preceding paragraph
(1), by striking ``Assistant Director for Emergency
Communications'' and inserting ``Executive Assistant
Director'';
(D) in subsection (e), in the matter preceding paragraph
(1), by striking ``Assistant Director for Emergency
Communications'' and inserting ``Executive Assistant
Director''; and
(E) by adding at the end the following new subsection:
``(g) Reference.--Any reference to the Assistant Director for
Emergency Communications in any law, regulation, map, document, record,
or other paper of the United States shall be deemed to be a reference
to the Executive Assistant Director for Emergency Communications.''.
(2) Continuation in office.--The individual serving as the
Assistant Director for Emergency Communications of the Department
of Homeland Security on the day before the date of enactment of
this Act may serve as the Executive Assistant Director for
Emergency Communications on and after that date.
SEC. 9002. SECTOR RISK MANAGEMENT AGENCIES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and the Committee on
Armed Services in the House of Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services in the Senate.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section 1016(e)
of Public Law 107-56 (42 U.S.C. 5195c(e)).
(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 U.S.C. 671(5)).
(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 the term ``Sector-
Specific Agency'' in section 2201(5) of the Homeland Security Act
of 2002 (6 U.S.C. 651(5)).
(b) Critical Infrastructure Sector Designation.--
(1) Initial review.--Not later than 180 days after the date of
the enactment of this section, the Secretary, in consultation with
the heads of Sector Risk Management Agencies, shall--
(A) review the current framework for securing critical
infrastructure, as described in section 2202(c)(4) of the
Homeland Security Act (6 U.S.C. 652(c)(4)) and Presidential
Policy Directive 21; and
(B) submit to the President and appropriate congressional
committees a report that includes--
(i) information relating to--
(I) the analysis framework or methodology used to--
(aa) evaluate the current framework for
securing critical infrastructure referred to in
subparagraph (A); and
(bb) develop recommendations to--
(AA) revise the current list of critical
infrastructure sectors designated pursuant to
Presidential Policy Directive 21, any successor
or related document, or policy; or
(BB) identify and designate any subsectors
of such sectors;
(II) the data, metrics, and other information used
to develop the recommendations required under clause
(ii); and
(ii) recommendations relating to--
(I) revising--
(aa) the current framework for securing
critical infrastructure referred to in subparagraph
(A);
(bb) the current list of critical
infrastructure sectors designated pursuant to
Presidential Policy Directive 21, any successor or
related document, or policy; or
(cc) the identification and designation of any
subsectors of such sectors; and
(II) any revisions to the list of designated
Federal departments or agencies that serve as the
Sector Risk Management Agency for a sector or subsector
of such section, necessary to comply with paragraph
(3)(B).
(2) Periodic evaluation by the secretary.--At least once every
five years, the Secretary, in consultation with the Director and
the heads of Sector Risk Management Agencies, shall--
(A) evaluate the current list of designated critical
infrastructure sectors and subsectors of such sectors and the
appropriateness of Sector Risk Management Agency designations,
as set forth in Presidential Policy Directive 21, any successor
or related document, or policy; and
(B) recommend, as appropriate, to the President--
(i) revisions to the current list of designated
critical infrastructure sectors or subsectors of such
sectors; and
(ii) revisions to the designation of any Federal
department or agency designated as the Sector Risk
Management Agency for a sector or subsector of such sector.
(3) Review and revision by the president.--Not later than 180
days after the Secretary submits a recommendation pursuant to
paragraph (1) or (2), the President shall--
(A) 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; and
(B) submit to the appropriate congressional committees, the
Majority and Minority Leaders of the Senate, and the Speaker
and Minority Leader of the House of Representatives, a report
that includes--
(i) an explanation with respect to the basis for
accepting or rejecting the recommendations of the
Secretary; and
(ii) information relating to the analysis framework,
methodology, metrics, and data used to--
(I) evaluate the current framework for securing
critical infrastructure referred to in paragraph
(1)(A); and
(II) develop--
(aa) recommendations to revise--
(AA) the list of critical infrastructure
sectors designated pursuant to Presidential
Policy Directive 21, any successor or related
document, or policy; or
(BB) the designation of any subsectors of
such sectors; and
(bb) the recommendations of the Secretary.
(4) Publication.--Any designation of critical infrastructure
sectors shall be published in the Federal Register.
(c) Sector Risk Management Agencies.--
(1) In general.--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.--Consistent with applicable law, Presidential
directives, Federal regulations, and strategic guidance from the
Secretary, each Sector Risk Management Agency, in coordination with the
Director, shall--
``(1) provide specialized sector-specific expertise to critical
infrastructure owners and operators within its designated critical
infrastructure sector or subsector of such sector; and
``(2) support programs and associated activities of such sector
or subsector of such sector.
``(b) Implementation.--In carrying out this section, Sector Risk
Management Agencies shall--
``(1) coordinate with the Department and, as appropriate, other
relevant Federal departments and agencies;
``(2) collaborate with critical infrastructure owners and
operators within the designated critical infrastructure sector or
subsector of such sector; and
``(3) coordinate with independent regulatory agencies, and
State, local, Tribal, and territorial entities, as appropriate.
``(c) Responsibilities.--Consistent with applicable law,
Presidential directives, Federal regulations, and strategic guidance
from the Secretary, each Sector Risk Management Agency shall utilize
its specialized expertise regarding its designated critical
infrastructure sector or subsector of such sector and authorities under
applicable law to--
``(1) support sector risk management, in coordination with the
Director, including--
``(A) establishing and carrying out programs to assist
critical infrastructure owners and operators within the
designated sector or subsector of such sector in identifying,
understanding, and mitigating threats, vulnerabilities, and
risks to their systems or assets, or within a region, sector,
or subsector of such sector; and
``(B) recommending security measures to mitigate the
consequences of destruction, compromise, and disruption of
systems and assets;
``(2) assess sector risk, in coordination with the Director,
including--
``(A) identifying, assessing, and prioritizing risks within
the designated sector or subsector of such sector, considering
physical security and cybersecurity threats, vulnerabilities,
and consequences; and
``(B) supporting national risk assessment efforts led by
the Department;
``(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 title;
``(B) serving as the Federal Government coordinating
council chair for the designated sector or subsector of such
sector; and
``(C) participating in cross-sector coordinating councils,
as appropriate;
``(4) facilitating, in coordination with the Director, the
sharing with the Department and other appropriate Federal
department of information regarding physical security and
cybersecurity threats within the designated sector or subsector of
such sector, 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 pursuant to
section 2209;
``(B) facilitating the identification of intelligence needs
and priorities of critical infrastructure owners and operators
in the designated sector or subsector of such sector, in
coordination with the Director of National Intelligence and the
heads of other Federal departments and agencies, as
appropriate;
``(C) providing the Director, and facilitating awareness
within the designated sector or subsector of such sector, of
ongoing, and where possible, real-time awareness of identified
threats, vulnerabilities, mitigations, and other actions
related to the security of such sector or subsector of such
sector; and
``(D) supporting the reporting requirements of the
Department 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 national
cybersecurity 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 or subsector of such
sector and 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) participating in and, in coordination with the
Director, conducting or facilitating, exercises and simulations
of potential natural disasters, acts of terrorism, or other
man-made disasters or emergencies within the designated sector
or subsector of such sector; and
``(C) supporting the Department and other Federal
departments or agencies in developing planning documents or
conducting exercises or simulations when relevant to the
designated sector or subsector or such sector.''.
(2) Technical and conforming amendments.--The Homeland Security
Act of 2002 is amended--
(A) in section 320--
(i) in subsection (d)(3)(C), by striking ``Sector-
Specific Agency'' and inserting ``Sector Risk Management
Agency''; and
(ii) in subsection (e)(1), by striking ``Sector-
Specific Agency'' and inserting ``Sector Risk Management
Agency'';
(B) in section 524--
(i) in subsection (b)(2)(E)(i)(II), by striking
``sector-specific agency'' and inserting ``Sector Risk
Management Agency''; and
(ii) in subsection (c)(1)(B), by striking ``sector-
specific agency'' and inserting ``Sector Risk Management
Agency'';
(C) in section 2201(5)--
(i) in the paragraph heading, by striking ``Sector-
specific agency'' and inserting ``Sector risk management
agency''; and
(ii) by striking ``Sector-Specific Agency'' and
inserting ``Sector Risk Management Agency'';
(D) in section 2202(i), by striking ``Sector-Specific
Agency'' and inserting ``Sector Risk Management Agency''; and
(E) in section 2214(c)(4), by striking ``sector-specific
agency'' and inserting ``Sector Risk Management Agency''.
(3) References.--Any reference to a Sector Specific Agency
(including any permutations or conjugations thereof) in any law,
regulation, map, document, record, or other paper of the United
States shall be deemed to--
(A) be a reference to the Sector Risk Management Agency of
the relevant critical infrastructure sector; and
(B) have the meaning give such term in section 2201(5) of
the Homeland Security Act of 2002.
(4) 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) Report and Auditing.--Not later than two years after the date
of the enactment of this Act and every four years thereafter for 12
years, 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. 9003. REVIEW AND ANALYSIS OF INLAND WATERS SEAPORT SECURITY.
(a) Seaport Cargo Review.--
(1) Elements.--The Secretary of Homeland Security shall conduct
a review of all Great Lakes and selected inland waters seaports
that receive international cargo--
(A) to determine, for each such seaport--
(i) the current screening capability, including the
types and numbers of screening equipment and whether such
equipment is physically located at a seaport or assigned
and available in the area and made available to use;
(ii) the number of U.S. Customs and Border Protection
personnel assigned from a Field Operations office, broken
out by role;
(iii) the expenditures for procurement and overtime
incurred by U.S. Customs and Border Protection during the
most recent fiscal year;
(iv) the types of cargo received, such as
containerized, break-bulk, and bulk;
(v) the legal entity that owns the seaport;
(vi) a description of the use of space at the seaport
by U.S. Customs and Border Protection, including--
(I) whether U.S. Customs and Border Protection or
the General Services Administration owns or leases any
facilities at the seaport; and
(II) if U.S. Customs and Border Protection is
provided space at the seaport, a description of such
space, including the number of workstations; and
(vii) the current cost-sharing arrangement for
screening technology or reimbursable services;
(B) to identify, for each Field Operations office--
(i) any ports of entry that are staffed remotely from
service ports;
(ii) the distance of each such service port from the
corresponding ports of entry; and
(iii) the number of officers and the types of equipment
U.S. Customs and Border Protection uses to screen cargo
entering or exiting through such ports; and
(C) that includes a threat assessment of incoming
containerized and noncontainerized cargo at Great Lakes
seaports and selected inland waters seaports.
(2) Seaport selection.--In selecting seaports on inland waters
to include in the review under paragraph (1), the Secretary of
Homeland Security shall ensure that the inland waters seaports
are--
(A) equal in number to the Great Lakes seaports included in
the review;
(B) comparable to Great Lakes seaports included in the
review, as measured by number of imported shipments arriving at
the seaport each year; and
(C) covered by at least the same number of Field Operations
offices as the Great Lakes seaports included in the review, but
are not covered by the same Field Operations offices as such
Great Lakes seaports.
(3) Report required.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the appropriate congressional committees a
report containing--
(i) the results of the review conducted pursuant to
paragraph (1); and
(ii) an explanation of the methodology used for such
review regarding the screening practices for foreign cargo
arriving at seaports on the Great Lakes and inland waters.
(B) Form.--The report required under subparagraph (A) shall
be submitted in unclassified form, to the maximum extent
possible, but may include a classified annex, if necessary.
(b) Inland Waters Threat Analysis.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
submit to the appropriate congressional committees an inland waters
threat analysis containing an identification and description of--
(A) current and potential terrorism and criminal threats
posed by individuals and groups seeking--
(i) to enter the United States through inland waters;
or
(ii) to exploit security vulnerabilities on inland
waters;
(B) security challenges at inland waters ports of the
United States regarding--
(i) terrorism and instruments of terror entering the
United States; or
(ii) criminal activity, as measured by the total flow
of illegal goods and illicit drugs, related to the inland
waters;
(C) security mitigation efforts with respect to the inland
waters--
(i) to prevent terrorists and instruments of terror
from entering the United States; or
(ii) to reduce criminal activity related to the inland
waters;
(D) vulnerabilities related to cooperation between State,
local, tribal, and territorial law enforcement, or
international agreements, that hinder effective security,
counterterrorism, anti-trafficking efforts, and the flow of
legitimate trade with respect to inland waters; and
(E) metrics and performance measures used by the Secretary
of Homeland Security to evaluate inland waters security, as
appropriate.
(2) Analysis requirements.--In preparing the threat analysis
required under paragraph (1), the Secretary of Homeland Security
shall consider and examine--
(A) technology needs and challenges;
(B) personnel needs and challenges;
(C) the roles of State, local, tribal, and territorial law
enforcement, private sector partners, and the public, relating
to inland waters security;
(D) the need for cooperation among Federal, State, local,
tribal, territorial, and international partner law enforcement,
private sector partners, and the public, relating to inland
waters security; and
(E) the challenges posed by geography with respect to
inland waters security.
(3) Form.--The Secretary of Homeland Security shall submit the
threat analysis required under paragraph (1) in unclassified form,
to the maximum extent possible, but may include a classified annex,
if necessary.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives;
and
(2) the Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and Transportation of the
Senate.
SEC. 9004. DEPARTMENT OF HOMELAND SECURITY REPORTS ON DIGITAL CONTENT
FORGERY TECHNOLOGY.
(a) Reports Required.--Not later than one year after the date of
enactment of this Act, and annually thereafter for 5 years, the
Secretary of Homeland Security, acting through the Under Secretary for
Science and Technology of the Department of Homeland Security, and with
respect to paragraphs (6) and (7) of subsection (b), in consultation
with the Director of National Intelligence, shall submit to Congress a
report on the state of digital content forgery technology.
(b) Contents.--Each report produced under subsection (a) shall
include the following:
(1) An assessment of the underlying technologies used to create
or propagate digital content forgeries, including the evolution of
such technologies and patterns of dissemination of such
technologies.
(2) A description of the types of digital content forgeries,
including those used to commit fraud, cause harm, harass, coerce,
or silence vulnerable groups or individuals, or violate civil
rights recognized under Federal law.
(3) An assessment of how foreign governments, and the proxies
and networks thereof, use, or could use, digital content forgeries
to harm national security.
(4) An assessment of how non-governmental entities in the
United States use, or could use, digital content forgeries.
(5) An assessment of the uses, applications, dangers, and
benefits, including the impact on individuals, of deep learning or
digital content forgery technologies used to generate realistic
depictions of events that did not occur.
(6) An analysis of the methods used to determine whether
content is created by 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.
(7) A description of the technological countermeasures that
are, or could be, used to address concerns with digital content
forgery technology.
(8) Any additional information the Secretary determines
appropriate.
(c) Consultation and Public Hearings.--In producing each report
required under subsection (a), the Secretary may--
(1) consult with any other agency of the Federal Government
that the Secretary considers necessary; and
(2) conduct public hearings to gather, or otherwise allow
interested parties an opportunity to present, information and
advice relevant to the production of the report.
(d) Form of Report.--Each report required under subsection (a)
shall be produced in unclassified form, but may contain a classified
annex.
(e) Applicability of Other Laws.--
(1) 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'').
(2) 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.
(f) Digital Content Forgery Defined.--In this section, the term
``digital content forgery technology'' 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.
SEC. 9005. 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,
including by--
(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 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report setting forth the findings and conclusions of the study
conducted under subsection (a), including--
(1) recommendations on whether intervention by the Federal
Government would help facilitate the growth and development of
insurers offering coverage for cybersecurity risks; and
(2) a discussion of the availability and affordability of such
coverage and policyholder education regarding such coverage.
SEC. 9006. 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 implementation,
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
implementation, including recommendations for defraying such costs,
if applicable.
(c) Consultation.--In developing the strategy 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. 9007. DEPARTMENT OF HOMELAND SECURITY LARGE-SCALE NON-INTRUSIVE
INSPECTION SCANNING PLAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall 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 plan 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.
(b) Baseline Information.--The plan under subsection (a) 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.
(c) Elements.--The plan under subsection (a) shall include the
following elements:
(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.
(d) Annual Report.--Not later than one year after the submission of
the plan under subsection (a), and biennially thereafter for the
following six years, the Secretary of Homeland Security shall 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 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 (c)(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 (c)(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.
(e) Definitions.--In this section:
(1) 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) 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.
TITLE XCI--VETERANS AFFAIRS MATTERS
Sec. 9101. Modification of licensure requirements for Department of
Veterans Affairs health care professionals providing treatment
via telemedicine.
Sec. 9102. Additional care for newborn children of veterans.
Sec. 9103. Expansion of eligibility for HUD-VASH.
Sec. 9104. Study on unemployment rate of women veterans who served on
active duty in the Armed Forces after September 11, 2001.
Sec. 9105. Access of veterans to Individual Longitudinal Exposure
Record.
Sec. 9106. Department of Veterans Affairs report on undisbursed funds.
Sec. 9107. Transfer of Mare Island Naval Cemetery to Secretary of
Veterans Affairs for maintenance by National Cemetery
Administration.
Sec. 9108. Comptroller General report on Department of Veterans Affairs
handling of disability compensation claims by certain
veterans.
Sec. 9109. Additional diseases associated with exposure to certain
herbicide agents for which there is a presumption of service
connection for veterans who served in the Republic of Vietnam.
SEC. 9101. MODIFICATION OF LICENSURE REQUIREMENTS FOR DEPARTMENT OF
VETERANS AFFAIRS HEALTH CARE PROFESSIONALS PROVIDING TREATMENT VIA
TELEMEDICINE.
Section 1730C(b) of title 38, United States Code, is amended to
read as follows:
``(b) Covered Health Care Professionals.--For purposes of this
section, a covered health care professional is any of the following
individuals:
``(1) A health care professional who--
``(A) is an employee of the Department appointed under
section 7306, 7401, 7405, 7406, or 7408 of this title or under
title 5;
``(B) is authorized by the Secretary to provide health care
under this chapter;
``(C) is required to adhere to all standards for quality
relating to the provision of health care in accordance with
applicable policies of the Department; and
``(D)(i) has an active, current, full, and unrestricted
license, registration, or certification in a State to practice
the health care profession of the health care professional; or
``(ii) with respect to a health care profession listed
under section 7402(b) of this title, has the qualifications for
such profession as set forth by the Secretary.
``(2) A postgraduate health care employee who--
``(A) is appointed under section 7401(1), 7401(3), or 7405
of this title or title 5 for any category of personnel
described in paragraph (1) or (3) of section 7401 of this
title;
``(B) must obtain an active, current, full, and
unrestricted license, registration, or certification or meet
qualification standards set forth by the Secretary within a
specified time frame; and
``(C) is under the clinical supervision of a health care
professional described in paragraph (1); or
``(3) A health professions trainee who--
``(A) is appointed under section 7405 or 7406 of this
title; and
``(B) is under the clinical supervision of a health care
professional described in paragraph (1).''.
SEC. 9102. ADDITIONAL CARE FOR NEWBORN CHILDREN OF VETERANS.
Section 1786 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary'' and
inserting ``Except as provided in subsection (c), the Secretary'';
and
(2) by adding at the end the following new subsection:
``(c) Exception Based on Medical Necessity.--Pursuant to such
regulations as the Secretary shall prescribe to carry out this section,
the Secretary may furnish more than seven days of health care services
described in subsection (b), and may furnish transportation necessary
to receive such services, to a newborn child based on medical necessity
if the child is in need of additional care, including if the child has
been discharged or released from a hospital and requires readmittance
to ensure the health and welfare of the child.''.
SEC. 9103. 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)(19) 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. 9104. 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) 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, including the Department
of Defense, the Office of Personnel Management, and the
Small Business Administration;
(iii) foundations; and
(iv) other 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, an
analysis of each of the following:
(A) Rank at the time of separation from the Armed Forces.
(B) Geographic location of residence upon such separation.
(C) Highest level of education achieved as of the time of
such separation.
(D) The percentage of such veterans who enrolled in a
program of education or an 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 of such veterans
while serving as members of the Armed Forces.
(G) Barriers to employment of such veterans.
(H) Causes of the fluctuations in employment of such
veterans.
(I) Employment training programs of the Department of
Veterans Affairs or the Department of Labor that are available
to such veterans as of the date of the enactment of this Act.
(J) Economic indicators that affect the unemployment of
such veterans.
(K) Health conditions of such veterans that could affect
employment.
(L) Whether there are differences in the analyses conducted
under subparagraphs (A) through (K) depending on the race of
such veterans.
(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.
(N) Such other matters as the Secretary determines
appropriate.
(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 analysis 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. 9105. ACCESS OF VETERANS TO INDIVIDUAL LONGITUDINAL EXPOSURE
RECORD.
The Secretary of Veterans Affairs shall provide to a veteran read-
only access to the documents of the veteran contained in the Individual
Longitudinal Exposure Record in a printable format through a portal
accessible through an internet website of the Department of Veterans
Affairs.
SEC. 9106. DEPARTMENT OF VETERANS AFFAIRS REPORT ON UNDISBURSED FUNDS.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the undisbursed funds of the Department of
Veterans Affairs.
(b) Elements.--The report required under subsection (a) shall
include each of the following:
(1) The total quantities and value, for each of the preceding
ten fiscal years, of--
(A) the undisbursed funds in the possession of the
Department; and
(B) the undisbursed funds of the Department that were
transferred to the Department of Treasury.
(2) The policies and procedures of the Department for managing
undisbursed funds and for communicating with veterans, other
beneficiaries, and heirs regarding undisbursed funds.
(3) The challenges regarding the policies and procedures
identified under paragraph (2), any legal barriers to improving
such policies and procedures, and the plans of the Secretary for
improvement.
(c) Review of Report.--The Comptroller General of the United States
shall conduct a review of the report submitted under subsection (a).
(d) Undisbursed Funds Defined.--The term ``undisbursed funds''--
(1) means any amount of money that is owed to a beneficiary and
that has not been disbursed--
(A) in the case of an amount that is owed by reason of an
insurance benefit under chapter 19 of title 38, United States
Code, for a period of one year or longer; or
(B) in the case of an amount that is owed by reason of any
other benefit under the laws administered by the Secretary of
Veterans Affairs, for a period of 30 days or longer; and
(2) does not include any amount of money that--
(A) has not been disbursed due to a contested claim for
benefits under the laws administered by the Secretary; or
(B) is in dispute by two or more parties over who is the
entitled beneficiary.
SEC. 9107. 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 one 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 in the same manner as other
cemeteries under the jurisdiction of the National Cemetery
Administration.
(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 to enter into an
agreement under subsection (a).
(2) Contents.--The report submitted under paragraph (1) shall
include the following:
(A) An assessment of the feasibility and advisability of
entering into such an agreement.
(B) An estimate of the costs, including both direct and
indirect costs, that the Department of Veterans Affairs would
incur by entering into such an agreement.
(d) Sense of Congress.--It is the sense of Congress that--
(1) it is only potentially advisable and feasible to transfer
the Mare Island Naval Cemetery from the city of Vallejo,
California, to the Department of Veterans Affairs because the
cemetery was previously under the control of the Department of
Defense; and
(2) the City of Vallejo should provide in-kind non-monetary
contributions for the improvement and maintenance of Mare Island
Naval Cemetery, including labor and equipment, to the extent
practicable, to the Department of Veterans Affairs, following any
transfer of the cemetery to the Department.
SEC. 9108. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF VETERANS AFFAIRS
HANDLING OF DISABILITY COMPENSATION CLAIMS BY CERTAIN VETERANS.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report containing an evaluation of how the Department of
Veterans Affairs has handled claims for disability compensation under
the laws administered by the Secretary of Veterans Affairs submitted by
veterans who--
(1) have type 1 diabetes; and
(2) have been exposed to an herbicide agent (as defined in
section 1116(a)(3) of title 38, United States Code).
SEC. 9109. ADDITIONAL DISEASES ASSOCIATED WITH EXPOSURE TO CERTAIN
HERBICIDE AGENTS FOR WHICH THERE IS A PRESUMPTION OF SERVICE CONNECTION
FOR VETERANS WHO SERVED IN THE REPUBLIC OF VIETNAM.
Section 1116(a)(2) of title 38, United States Code, is amended by
adding at the end the following new subparagraphs:
``(I) Parkinsonism.
``(J) Bladder cancer.
``(K) Hypothyroidism.''.
TITLE XCII--COMMUNICATIONS MATTERS
Sec. 9201. Reliable emergency alert distribution improvement.
Sec. 9202. Wireless supply chain innovation and multilateral security.
Sec. 9203. Spectrum information technology modernization efforts.
Sec. 9204. Internet of Things.
SEC. 9201. RELIABLE EMERGENCY ALERT DISTRIBUTION IMPROVEMENT.
(a) Wireless Emergency Alerts System Offerings.--
(1) Amendment.--Section 602(b)(2)(E) of the Warning, Alert, and
Response Network Act (47 U.S.C. 1201(b)(2)(E)) is amended--
(A) by striking the second and third sentences; and
(B) by striking ``other than an alert issued by the
President.'' and inserting the following: ``other than an alert
issued by--
``(i) the President; or
``(ii) the Administrator of the Federal Emergency
Management Agency.''.
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Commission, in consultation with the
Administrator, shall adopt regulations to implement the amendment
made by paragraph (1)(B).
(b) State Emergency Alert System Plans and Emergency Communications
Committees.--
(1) State emergency communications committee.--Not later than
180 days after the date of enactment of this Act, the Commission
shall adopt regulations that--
(A) encourage the chief executive of each State--
(i) to establish an SECC if the State does not have an
SECC; or
(ii) if the State has an SECC, to review the
composition and governance of the SECC;
(B) provide that--
(i) each SECC, not less frequently than annually,
shall--
(I) meet to review and update its State EAS Plan;
(II) certify to the Commission that the SECC has
met as required under subclause (I); and
(III) submit to the Commission an updated State EAS
Plan; and
(ii) not later than 60 days after the date on which the
Commission receives an updated State EAS Plan under clause
(i)(III), the Commission shall--
(I) approve or disapprove the updated State EAS
Plan; and
(II) notify the chief executive of the State of the
Commission's approval or disapproval of such plan, and
reason therefor; and
(C) establish a State EAS Plan content checklist for SECCs
to use when reviewing and updating a State EAS Plan for
submission to the Commission under subparagraph (B)(i).
(2) Consultation.--The Commission shall consult with the
Administrator regarding the adoption of regulations under paragraph
(1)(C).
(3) Definitions.--In this subsection--
(A) the term ``SECC'' means a State Emergency
Communications Committee;
(B) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and any
possession of the United States; and
(C) the term ``State EAS Plan'' means a State Emergency
Alert System Plan.
(c) False Alert Reporting.--Not later than 180 days after the date
of enactment of this Act, the Commission, in consultation with the
Administrator, shall complete a rulemaking proceeding to establish a
system to receive from the Administrator or State, Tribal, or local
governments reports of false alerts under the Emergency Alert System or
the Wireless Emergency Alerts System for the purpose of recording such
false alerts and examining the causes of such false alerts.
(d) Repeating Emergency Alert System Messages for National
Security.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission, in consultation with the
Administrator, shall complete a rulemaking proceeding to modify the
Emergency Alert System to provide for repeating Emergency Alert
System messages while an alert remains pending that is issued by--
(A) the President;
(B) the Administrator; or
(C) any other entity determined appropriate under the
circumstances by the Commission, in consultation with the
Administrator.
(2) Scope of rulemaking.--Paragraph (1) shall--
(A) apply to warnings of national security events, meaning
emergencies of national significance, such as a missile threat,
terror attack, or other act of war or threat to public safety;
and
(B) not apply to more typical warnings, such as a weather
alert, AMBER Alert, or disaster alert.
(3) Rule of construction.--Nothing in this subsection shall be
construed to impair, limit, or otherwise change--
(A) the authority of the President granted by law to alert
and warn the public; or
(B) the role of the President as commander-in-chief with
respect to the identification, dissemination, notification, or
alerting of information of missile threats against the United
States, or threats to public safety.
(e) Internet and Online Streaming Services Emergency Alert
Examination.--
(1) Study.--Not later than 180 days after the date of enactment
of this Act, and after providing public notice and opportunity for
comment, the Commission shall complete an inquiry to examine the
feasibility of updating the Emergency Alert System to enable or
improve alerts to consumers provided through the internet,
including through streaming services.
(2) Report.--Not later than 90 days after completing the
inquiry under paragraph (1), the Commission shall submit a report
on the findings and conclusions of the inquiry to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.
(f) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of the
Federal Emergency Management Agency;
(2) the term ``Commission'' means the Federal Communications
Commission;
(3) the term ``Emergency Alert System'' means the national
public warning system, the rules for which are set forth in part 11
of title 47, Code of Federal Regulations (or any successor
regulation); and
(4) the term ``Wireless Emergency Alerts System'' means the
wireless national public warning system established under the
Warning, Alert, and Response Network Act (47 U.S.C. 1201 et seq.),
the rules for which are set forth in part 10 of title 47, Code of
Federal Regulations (or any successor regulation).
SEC. 9202. WIRELESS SUPPLY CHAIN INNOVATION AND MULTILATERAL SECURITY.
(a) Communications Technology Security Funds.--
(1) Public wireless supply chain innovation fund.--
(A) Establishment.--
(i) In general.--There is established in the Treasury
of the United States a trust fund to be known as the
``Public Wireless Supply Chain Innovation Fund'' (referred
to in this paragraph as the ``Innovation Fund'').
(ii) Availability.--
(I) In general.--Amounts appropriated to the
Innovation Fund shall remain available through the end
of the tenth fiscal year beginning after the date on
which funds are appropriated to the Fund.
(II) Remainder to treasury.--Any amounts remaining
in the Innovation Fund after the end of the tenth
fiscal year beginning after the date of appropriation
shall be deposited in the general fund of the Treasury.
(B) Use of fund.--
(i) In general.--Amounts appropriated to the Innovation
Fund shall be available to the Secretary, acting through
the NTIA Administrator, to make grants on a competitive
basis under this paragraph in such amounts as the
Secretary, acting through the NTIA Administrator,
determines appropriate, subject to clause (ii).
(ii) Limitation on grant amounts.--The amount of a
grant awarded under this paragraph to a recipient for a
specific research focus area may not exceed $50,000,000.
(C) Administration of fund.--The Secretary, acting through
the NTIA Administrator, in consultation with the Commission,
the Under Secretary of Commerce for Standards and Technology,
the Secretary of Homeland Security, the Secretary of Defense,
and the Director of the Intelligence Advanced Research Projects
Activity of the Office of the Director of National
Intelligence, shall establish criteria for grants awarded under
this paragraph, by the NTIA Administrator and administer the
Innovation Fund, to support the following:
(i) Promoting and deploying technology, including
software, hardware, and microprocessing technology, that
will enhance competitiveness in the fifth-generation
(commonly known as ``5G'') and successor wireless
technology supply chains that use open and interoperable
interface radio access networks.
(ii) Accelerating commercial deployments of open
interface standards-based compatible, interoperable
equipment, such as equipment developed pursuant to the
standards set forth by organizations such as the O-RAN
Alliance, the Telecom Infra Project, 3GPP, the Open-RAN
Software Community, or any successor organizations.
(iii) Promoting and deploying compatibility of new 5G
equipment with future open standards-based, interoperable
equipment.
(iv) Managing integration of multi-vendor network
environments.
(v) Identifying objective criteria to define equipment
as compliant with open standards for multi-vendor network
equipment interoperability.
(vi) Promoting and deploying security features
enhancing the integrity and availability of equipment in
multi-vendor networks.
(vii) Promoting and deploying network function
virtualization to facilitate multi-vendor interoperability
and a more diverse vendor market.
(D) Nonduplication.--To the greatest extent practicable,
the Secretary, acting through the NTIA Administrator, shall
ensure that any research funded by a grant awarded under this
paragraph avoids duplication of other Federal or private sector
research.
(E) Timing.--Not later than one year after the date on
which funds are appropriated to the Innovation Fund, the
Secretary, acting through the NTIA Administrator, shall begin
awarding grants under this paragraph.
(F) Federal advisory body.--
(i) Establishment.--The Secretary, acting through the
NTIA Administrator, and in consultation with the Under
Secretary of Commerce for Standards and Technology, shall
establish a Federal advisory committee, in accordance with
the Federal Advisory Committee Act (5 U.S.C. App.),
composed of government and private sector experts, to
advise the Secretary and the NTIA Administrator on the
administration of the Innovation Fund.
(ii) Composition.--The advisory committee established
under clause (i) shall be composed of--
(I) representatives from--
(aa) the Commission;
(bb) the Department of Defense;
(cc) the Intelligence Advanced Research
Projects Activity of the Office of the Director of
National Intelligence;
(dd) the National Institute of Standards and
Technology;
(ee) the Department of State;
(ff) the National Science Foundation;
(gg) the Department of Homeland Security; and
(hh) the National Telecommunications and
Information Administration; and
(II) other representatives from the private and
public sectors, at the discretion of the NTIA
Administrator.
(iii) Duties.--The advisory committee established under
clause (i) shall advise the Secretary and the NTIA
Administrator on technology developments to help inform--
(I) the strategic direction of the Innovation Fund;
and
(II) efforts of the Federal Government to promote a
more secure, diverse, sustainable, and competitive
supply chain.
(G) Reports to congress.--
(i) Initial report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary, acting
through the NTIA Administrator, shall submit to the
relevant committees of Congress a report with--
(I) additional recommendations on promoting the
competitiveness and sustainability of trusted suppliers
in the wireless supply chain; and
(II) any additional authorities needed to
facilitate the timely adoption of open standards-based
equipment, including authority to provide loans, loan
guarantees, and other forms of credit extension that
would maximize the use of funds.
(ii) Annual report.--For each fiscal year for which
amounts in the Innovation Fund are available under this
paragraph, the Secretary, acting through the NTIA
Administrator, shall submit to Congress a report that--
(I) describes how, and to whom, amounts in the
Innovation Fund have been deployed;
(II) details the progress of the Secretary and the
NTIA Administrator in meeting the objectives described
in subparagraph (C); and
(III) includes any additional information that the
Secretary and the NTIA Administrator determine
appropriate.
(2) Multilateral telecommunications security fund.--
(A) Establishment of fund.--
(i) In general.--There is established in the Treasury
of the United States a trust fund to be known as the
``Multilateral Telecommunications Security Fund''.
(ii) Use of fund.--Amounts appropriated to the
Multilateral Telecommunications Security Fund shall be
available to the Secretary of State to make expenditures
under this paragraph in such amounts as the Secretary of
State determines appropriate.
(iii) Availability.--
(I) In general.--Amounts appropriated to the
Multilateral Telecommunications Security Fund--
(aa) shall remain available through the end of
the tenth fiscal year beginning after the date of
appropriation; and
(bb) may only be allocated upon the Secretary
of State reaching an arrangement or agreement with
foreign government partners to participate in the
common funding mechanism described in subparagraph
(B).
(II) Remainder to treasury.--Any amounts remaining
in the Multilateral Telecommunications Security Fund
after the end of the tenth fiscal year beginning after
the date of the enactment of this Act shall be
deposited in the general fund of the Treasury.
(B) Administration of fund.--The Secretary of State, in
consultation with the NTIA Administrator, the Secretary of
Homeland Security, the Secretary of Defense, the Secretary of
the Treasury, the Director of National Intelligence, and the
Commission, is authorized to establish a common funding
mechanism, in coordination with foreign partners, that uses
amounts from the Multilateral Telecommunications Security Fund
to support the development and adoption of secure and trusted
telecommunications technologies. In creating and sustaining a
common funding mechanism, the Secretary of State should
leverage United States funding in order to secure commitments
and contributions from trusted foreign partners such as the
United Kingdom, Canada, Australia, New Zealand, and Japan, and
should prioritize the following objectives:
(i) Advancing research and development of secure and
trusted communications technologies.
(ii) Strengthening supply chains.
(iii) Promoting the use of trusted vendors.
(C) 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 Multilateral
Telecommunications Security Fund are available, the Secretary
of State shall submit to the relevant committees of Congress a
report on the status and progress of the funding mechanism
established under subparagraph (B), including--
(i) any funding commitments from foreign partners,
including each specific amount committed;
(ii) governing criteria for use of the Multilateral
Telecommunications Security Fund;
(iii) an account of--
(I) how, and to whom, funds have been deployed;
(II) amounts remaining in the Multilateral
Telecommunications Security Fund; and
(III) the progress of the Secretary of State in
meeting the objective described in subparagraph (B);
and
(iv) additional authorities needed to enhance the
effectiveness of the Multilateral Telecommunications
Security Fund in achieving the security goals of the United
States.
(D) Notifications to be provided by the fund.--
(i) In general.--Not later than 15 days prior to the
Fund making a financial commitment associated with the
provision of expenditures under subparagraph (A)(ii) in an
amount in excess of $1,000,000, the Secretary of State
shall submit to the appropriate congressional committees a
report in writing that contains the information required by
clause (ii).
(ii) Information required.--The information required by
this clause includes--
(I) the amount of each such expenditure;
(II) an identification of the recipient or
beneficiary; and
(III) a description of the project or activity and
the purpose to be achieved of an expenditure by the
Fund.
(iii) Arrangements or agreements.--The Secretary of
State shall notify the appropriate congressional committees
not later than 30 days after entering into a new bilateral
or multilateral arrangement or agreement described in
subparagraph (A)(iii)(I)(bb).
(iv) Appropriate congressional committees defined.--In
this subparagraph, the term ``appropriate congressional
committees'' means--
(I) the Committee on Foreign Relations of the
Senate;
(II) the Committee on Appropriations of the Senate;
(III) the Committee on Foreign Affairs of the House
of Representatives; and
(IV) the Committee on Appropriations of the House
of Representatives.
(b) Promoting United States Leadership in International
Organizations and Communications Standards-setting Bodies.--
(1) In general.--The Secretary of State, the Secretary of
Commerce, and the Chairman of the Commission, or their designees,
shall consider how to enhance representation of the United States
at international forums that set standards for 5G networks and for
future generations of wireless communications networks, including--
(A) the International Telecommunication Union (commonly
known as ``ITU'');
(B) the International Organization for Standardization
(commonly known as ``ISO'');
(C) the Inter-American Telecommunication Commission
(commonly known as ``CITEL''); and
(D) the voluntary standards organizations that develop
protocols for wireless devices and other equipment, such as the
3GPP and the Institute of Electrical and Electronics Engineers
(commonly known as ``IEEE'').
(2) Annual report.--The Secretary of State, the Secretary of
Commerce, and the Chairman of the Commission shall jointly submit
to the relevant committees of Congress an annual report on the
progress made under paragraph (1).
(c) Definitions.-- In this section:
(1) The term ``3GPP'' means the Third Generation Partnership
Project.
(2) The term ``5G network'' means a radio network as described
by 3GPP Release 15 or higher.
(3) The term ``Commission'' means the Federal Communications
Commission.
(4) The term ``NTIA Administrator'' means the Assistant
Secretary of Commerce for Communications and Information.
(5) The term ``Open-RAN'' means the Open Radio Access Network
approach to standardization adopted by the O-RAN Alliance, Telecom
Infra Project, or 3GPP, or any similar set of open standards for
multi-vendor network equipment interoperability.
(6) The term ``relevant committees of Congress'' means--
(A) the Select Committee on Intelligence of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Commerce, Science, and Transportation
of the Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Permanent Select Committee on Intelligence of the
House of Representatives;
(H) the Committee on Foreign Affairs of the House of
Representatives;
(I) the Committee on Homeland Security of the House of
Representatives;
(J) the Committee on Armed Services of the House of
Representatives;
(K) the Committee on Energy and Commerce of the House of
Representatives; and
(L) the Committee on Appropriations of the House of
Representatives.
(7) The term ``Secretary'' means the Secretary of Commerce.
SEC. 9203. SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION EFFORTS.
(a) Initial Interagency Spectrum Information Technology
Coordination.--Not later than 90 days after the date of the enactment
of this Act, the Assistant Secretary of Commerce for Communications and
Information, in consultation with the Policy and Plans Steering Group,
shall identify a process to establish goals, including parameters to
measure the achievement of such goals, for the modernization of the
infrastructure of covered agencies relating to managing the use of
Federal spectrum by such agencies, which shall include--
(1) 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 such
infrastructure;
(2) other potential innovative technological capabilities with
respect to such infrastructure, including cloud-based databases,
artificial intelligence technologies, automation, and improved
modeling and simulation capabilities;
(3) ways to improve the management of the use of Federal
spectrum by covered agencies through such infrastructure, including
by--
(A) increasing the efficiency of such infrastructure;
(B) addressing validation of usage with respect to such
infrastructure;
(C) increasing the accuracy of such infrastructure;
(D) validating models used by such infrastructure; and
(E) monitoring and enforcing requirements that are imposed
on covered agencies with respect to the use of Federal spectrum
by covered agencies;
(4) 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 such environments;
(5) the creation of a time-based automated mechanism--
(A) to share Federal spectrum between covered agencies to
collaboratively and dynamically increase access to Federal
spectrum by such agencies; and
(B) that could be scaled across Federal spectrum; and
(6) the collaboration between covered agencies necessary to
ensure the interoperability of Federal spectrum.
(b) Spectrum Information Technology Modernization.--
(1) In general.--Not later than 240 days after the date of the
enactment of this Act, the Assistant Secretary of Commerce for
Communications and Information shall submit to Congress a report
that contains a plan for the National Telecommunications and
Information Administration (in this section referred to as 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 such use.
(2) Contents.--The report required by paragraph (1) shall
include--
(A) an assessment of the current, as of the date on which
such report is submitted, infrastructure of the NTIA described
in such paragraph;
(B) an acquisition strategy for the modernized
infrastructure of the NTIA described in such paragraph,
including how such modernized infrastructure will enable
covered agencies to be more efficient and effective in the use
of Federal spectrum;
(C) a timeline for the implementation of the modernization
efforts described in such paragraph;
(D) plans detailing how the modernized infrastructure of
the NTIA described in such paragraph will--
(i) enhance the security and reliability of such
infrastructure so that the NTIA is in compliance with the
requirements of subchapter II of chapter 35 of title 44,
United States Code, with respect to such infrastructure;
(ii) improve data models and analysis tools to increase
the efficiency of the spectrum use described in such
paragraph;
(iii) enhance automation and workflows, and reduce the
scope and level of manual effort, in order to--
(I) administer the management of the spectrum use
described in such paragraph; and
(II) 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;
(E) an operations and maintenance plan with respect to the
modernized infrastructure of the NTIA described in such
paragraph;
(F) a strategy for coordination between the covered
agencies within the Policy and Plans Steering Group, which
shall include--
(i) a description of--
(I) such coordination efforts, as in effect on the
date on which such report is submitted; and
(II) a plan for coordination of such efforts after
the date on which such report is submitted, including
with respect to the efforts described in subsection
(c);
(ii) a plan for standardizing--
(I) electromagnetic spectrum analysis tools;
(II) modeling and simulation processes and
technologies; and
(III) databases to provide technical interference
assessments that are usable across the Federal
Government as part of a common spectrum management
infrastructure for covered agencies; and
(iii) a plan for each covered agency to implement a
modernization plan described in subsection (c)(1) that is
tailored to the particular timeline of such agency;
(G) identification of manually intensive processes involved
in managing Federal spectrum and proposed enhancements to such
processes;
(H) metrics to evaluate the success of the modernization
efforts described in such paragraph and any similar future
efforts; and
(I) an estimate of the cost of the modernization efforts
described in such paragraph and any future maintenance with
respect to the modernized infrastructure of the NTIA described
in such paragraph, including the cost of any personnel and
equipment relating to such maintenance.
(c) Covered Agency Spectrum Information Technology Modernization.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the head of each covered agency shall submit
to the Assistant Secretary of Commerce for Communications and
Information and the Policy and Plans Steering Group a report that
describes a plan for such agency to modernize the infrastructure of
such agency with respect to the use of Federal spectrum by such
agency so that such modernized infrastructure of such agency is
interoperable with the modernized infrastructure of the NTIA, as
described in subsection (b).
(2) Contents.--Each report submitted by the head of a covered
agency under paragraph (1) shall--
(A) include--
(i) an assessment of the current, as of the date on
which such report is submitted, management capabilities of
such agency with respect to the use of frequencies that are
assigned to such agency, which shall include a description
of any challenges faced by such agency with respect to such
management;
(ii) a timeline for completion of the modernization
efforts described in such paragraph;
(iii) a description of potential innovative
technological capabilities for the management of
frequencies that are assigned to such agency, as determined
under subsection (a);
(iv) identification of agency-specific requirements or
constraints relating to the infrastructure of such agency;
(v) identification of any existing, as of the date on
which such report is submitted, systems of such agency that
are duplicative of the modernized infrastructure of the
NTIA, as described in subsection (b); and
(vi) with respect to the report submitted by the
Secretary of Defense--
(I) 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;
(II) 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
(III) a strategy for addressing, within the
modernized infrastructure of the Department of Defense
described in such 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
(B) be submitted in an unclassified format, with a
classified annex, as appropriate.
(3) Notification of congress.--Upon submission of a report
under paragraph (1), the head of a covered agency shall notify
Congress that such report has been submitted.
(d) GAO Oversight.--The Comptroller General of the United States
shall--
(1) not later than 180 days after the date of the enactment of
this Act, conduct a review of the infrastructure of covered
agencies, as such infrastructure exists on the date of the
enactment of this Act;
(2) upon submission of all of the reports required by
subsection (c), begin conducting oversight of the implementation of
the modernization plans submitted by the Assistant Secretary and
covered agencies under subsections (b) and (c), respectively;
(3) not later than 2 years after the date on which the
Comptroller General begins conducting oversight under paragraph
(2), and biennially thereafter until December 31, 2030, submit a
report regarding such oversight to--
(A) 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
(B) 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
(4) until December 31, 2030, provide regular briefings to--
(A) 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
(B) 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.
(e) Definitions.--In this section:
(1) The term ``covered agency''--
(A) means any Federal entity that the Assistant Secretary
of Commerce for Communications and Information determines is
appropriate; and
(B) includes the Department of Defense.
(2) The term ``Federal entity'' has the meaning given such term
in section 113(l) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923(l)).
(3) The term ``Federal spectrum'' means frequencies assigned on
a primary basis to a covered agency.
(4) The term ``infrastructure'' means information technology
systems and information technologies, tools, and databases.
SEC. 9204. INTERNET OF THINGS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(3) Steering committee.--The term ``steering committee'' means
the steering committee established under subsection (b)(5)(A).
(4) Working group.--The term ``working group'' means the
working group convened under subsection (b)(1).
(b) Federal Working Group.--
(1) In general.--The Secretary shall convene a working group of
Federal stakeholders for the purpose of providing recommendations
and a report to Congress relating to the aspects of the Internet of
Things described in paragraph (2).
(2) Duties.--The working group shall--
(A) identify any Federal regulations, statutes, grant
practices, budgetary or jurisdictional challenges, and other
sector-specific policies that are inhibiting, or could inhibit,
the development or deployment of the Internet of Things;
(B) consider policies or programs that encourage and
improve coordination among Federal agencies that have
responsibilities that are relevant to the objectives of this
section;
(C) consider any findings or recommendations made by the
steering committee and, where appropriate, act to implement
those recommendations;
(D) examine--
(i) how Federal agencies can benefit from utilizing the
Internet of Things;
(ii) the use of Internet of Things technology by
Federal agencies as of the date on which the working group
performs the examination;
(iii) the preparedness and ability of Federal agencies
to adopt Internet of Things technology as of the date on
which the working group performs the examination and in the
future; and
(iv) any additional security measures that Federal
agencies may need to take to--
(I) safely and securely use the Internet of Things,
including measures that ensure the security of critical
infrastructure; and
(II) enhance the resiliency of Federal systems
against cyber threats to the Internet of Things; and
(E) in carrying out the examinations required under
subclauses (I) and (II) of subparagraph (D)(iv), ensure to the
maximum extent possible the coordination of the current and
future activities of the Federal Government relating to
security with respect to the Internet of Things.
(3) Agency representatives.--In convening the working group
under paragraph (1), the Secretary shall have discretion to appoint
representatives from Federal agencies and departments as
appropriate and shall specifically consider seeking representation
from--
(A) the Department of Commerce, including--
(i) the National Telecommunications and Information
Administration;
(ii) the National Institute of Standards and
Technology; and
(iii) the National Oceanic and Atmospheric
Administration;
(B) the Department of Transportation;
(C) the Department of Homeland Security;
(D) the Office of Management and Budget;
(E) the National Science Foundation;
(F) the Commission;
(G) the Federal Trade Commission;
(H) the Office of Science and Technology Policy;
(I) the Department of Energy; and
(J) the Federal Energy Regulatory Commission.
(4) Nongovernmental stakeholders.--The working group shall
consult with nongovernmental stakeholders with expertise relating
to the Internet of Things, including--
(A) the steering committee;
(B) information and communications technology
manufacturers, suppliers, service providers, and vendors;
(C) subject matter experts representing industrial sectors
other than the technology sector that can benefit from the
Internet of Things, including the transportation, energy,
agriculture, and health care sectors;
(D) small, medium, and large businesses;
(E) think tanks and academia;
(F) nonprofit organizations and consumer groups;
(G) security experts;
(H) rural stakeholders; and
(I) other stakeholders with relevant expertise, as
determined by the Secretary.
(5) Steering committee.--
(A) Establishment.--There is established within the
Department of Commerce a steering committee to advise the
working group.
(B) Duties.--The steering committee shall advise the
working group with respect to--
(i) the identification of any Federal regulations,
statutes, grant practices, programs, budgetary or
jurisdictional challenges, and other sector-specific
policies that are inhibiting, or could inhibit, the
development of the Internet of Things;
(ii) situations in which the use of the Internet of
Things is likely to deliver significant and scalable
economic and societal benefits to the United States,
including benefits from or to--
(I) smart traffic and transit technologies;
(II) augmented logistics and supply chains;
(III) sustainable infrastructure;
(IV) precision agriculture;
(V) environmental monitoring;
(VI) public safety; and
(VII) health care;
(iii) whether adequate spectrum is available to support
the growing Internet of Things and what legal or regulatory
barriers may exist to providing any spectrum needed in the
future;
(iv) policies, programs, or multi-stakeholder
activities that--
(I) promote or are related to the privacy of
individuals who use or are affected by the Internet of
Things;
(II) may enhance the security of the Internet of
Things, including the security of critical
infrastructure;
(III) may protect users of the Internet of Things;
and
(IV) may encourage coordination among Federal
agencies with jurisdiction over the Internet of Things;
(v) the opportunities and challenges associated with
the use of Internet of Things technology by small
businesses; and
(vi) any international proceeding, international
negotiation, or other international matter affecting the
Internet of Things to which the United States is or should
be a party.
(C) Membership.--The Secretary shall appoint to the
steering committee members representing a wide range of
stakeholders outside of the Federal Government with expertise
relating to the Internet of Things, including--
(i) information and communications technology
manufacturers, suppliers, service providers, and vendors;
(ii) subject matter experts representing industrial
sectors other than the technology sector that can benefit
from the Internet of Things, including the transportation,
energy, agriculture, and health care sectors;
(iii) small, medium, and large businesses;
(iv) think tanks and academia;
(v) nonprofit organizations and consumer groups;
(vi) security experts;
(vii) rural stakeholders; and
(viii) other stakeholders with relevant expertise, as
determined by the Secretary.
(D) Report.--Not later than 1 year after the date of
enactment of this Act, the steering committee shall submit to
the working group a report that includes any findings or
recommendations of the steering committee.
(E) Independent advice.--
(i) In general.--The steering committee shall set the
agenda of the steering committee in carrying out the duties
of the steering committee under subparagraph (B).
(ii) Suggestions.--The working group may suggest topics
or items for the steering committee to study, and the
steering committee shall take those suggestions into
consideration in carrying out the duties of the steering
committee.
(iii) Report.--The steering committee shall ensure that
the report submitted under subparagraph (D) is the result
of the independent judgment of the steering committee.
(F) No compensation for members.--A member of the steering
committee shall serve without compensation.
(G) Termination.--The steering committee shall terminate on
the date on which the working group submits the report under
paragraph (6).
(6) Report to congress.--
(A) In general.--Not later than 18 months after the date of
enactment of this Act, the working group shall submit to
Congress a report that includes--
(i) the findings and recommendations of the working
group with respect to the duties of the working group under
paragraph (2);
(ii) the report submitted by the steering committee
under paragraph (5)(D), as the report was received by the
working group;
(iii) recommendations for action or reasons for
inaction, as applicable, with respect to each
recommendation made by the steering committee in the report
submitted under paragraph (5)(D); and
(iv) an accounting of any progress made by Federal
agencies to implement recommendations made by the working
group or the steering committee.
(B) Copy of report.--The working group shall submit a copy
of the report described in subparagraph (A) to--
(i) the Committee on Commerce, Science, and
Transportation and the Committee on Energy and Natural
Resources of the Senate;
(ii) the Committee on Energy and Commerce of the House
of Representatives; and
(iii) any other committee of Congress, upon request to
the working group.
(c) Assessing Spectrum Needs.--
(1) In general.--The Commission, in consultation with the
National Telecommunications and Information Administration, shall
issue a notice of inquiry seeking public comment on the current, as
of the date of enactment of this Act, and future spectrum needs to
enable better connectivity relating to the Internet of Things.
(2) Requirements.--In issuing the notice of inquiry under
paragraph (1), the Commission shall seek comments that consider and
evaluate--
(A) whether adequate spectrum is available, or is planned
for allocation, for commercial wireless services that could
support the growing Internet of Things;
(B) if adequate spectrum is not available for the purposes
described in subparagraph (A), how to ensure that adequate
spectrum is available for increased demand with respect to the
Internet of Things;
(C) what regulatory barriers may exist to providing any
needed spectrum that would support uses relating to the
Internet of Things; and
(D) what the role of unlicensed and licensed spectrum is
and will be in the growth of the Internet of Things.
(3) Report.--Not later than 1 year after the date of enactment
of this Act, the Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report summarizing the comments submitted in response to the notice
of inquiry issued under paragraph (1).
TITLE XCIII--INTELLIGENCE MATTERS
Sec. 9301. Requirement for facilitation of establishment of social media
data and threat analysis center.
Sec. 9302. Independent study on identifying and addressing threats that
individually or collectively affect national security,
financial security, or both.
SEC. 9301. REQUIREMENT FOR FACILITATION OF ESTABLISHMENT OF SOCIAL
MEDIA DATA AND THREAT ANALYSIS CENTER.
(a) Requirement to Facilitate Establishment.--Subsection (c)(1) of
section 5323 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(division E of Public Law 116-92; 50 U.S.C. 3369) is amended--
(1) by striking ``The Director'' and inserting ``Not later than
June 1, 2021, the Director''; and
(2) by striking ``may'' and inserting ``shall''.
(b) Reporting on Foreign Malign Influence Campaigns on Social Media
Platforms Targeting Elections for Federal Office.--Such section is
amended--
(1) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Foreign Malign Influence Campaigns on Social Media Platforms
Targeting Elections for Federal Office.--
``(1) Reports.--
``(A) Requirement.--Not later than 90 days before the date
of each regularly scheduled general election for Federal
office, the Director of the Center shall submit to the
appropriate congressional committees a report on foreign malign
influence campaigns on and across social media platforms
targeting such election.
``(B) Matters included.--Each report under subparagraph (A)
shall include an analysis of the following:
``(i) The patterns, tools, and techniques of foreign
malign influence campaigns across all platforms on social
media by a covered foreign country targeting a regularly
scheduled general election for Federal office.
``(ii) Inauthentic accounts and `bot' networks across
platforms, including the scale to which such accounts or
networks exist, how platforms currently act to remove such
accounts or networks, and what percentage of such accounts
or networks have been removed during the period covered by
the report.
``(iii) The estimated reach and impact of intentional
or weaponized disinformation by inauthentic accounts and
`bot' networks, including an analysis of amplification by
users and algorithmic distribution.
``(iv) The trends of types of media that are being used
for dissemination through foreign malign influence
campaigns, including machine-manipulated media, and the
intended targeted groups.
``(C) Initial report.--Not later than August 1, 2021, the
Director of the Center shall submit to the appropriate
congressional committees a report under subparagraph (A)
addressing the regularly scheduled general election for Federal
office occurring during 2020.
``(D) Form.--Each report under this paragraph shall be
submitted in an unclassified form, but may include a classified
annex.
``(2) Briefings.--
``(A) Requirement.--Not later than 30 days after the date
on which the Director submits to the appropriate congressional
committees a report under paragraph (1), the Director of
National Intelligence, in coordination with the Secretary of
Defense, the Secretary of Homeland Security, and the Director
of the Federal Bureau of Investigation, shall provide to such
committees a briefing assessing threats from foreign malign
influence campaigns on social media from covered countries to
the regularly scheduled general election for Federal office
covered by the report.
``(B) Matters to be included.--Each briefing under
subparagraph (A) shall include the following:
``(i) The patterns, tools, and techniques of foreign
malign influence campaigns across all platforms on social
media by a covered foreign country targeting a regularly
scheduled general election for Federal office.
``(ii) An assessment of the findings from the report
for which the briefing is provided.
``(iii) The activities and methods used to mitigate the
threats associated with such findings by the Department of
Defense, the Department of Homeland Security, or other
relevant departments or agencies of the Federal Government.
``(iv) The steps taken by departments or agencies of
the Federal Government to cooperate with social media
companies to mitigate the threats identified.''.
(c) Definitions.--Subsection (h) of such section, as redesignated
by subsection (b) of this section, is amended to read as follows:
``(h) Definitions.--
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the congressional intelligence committees;
``(B) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Homeland Security, the
Committee on Foreign Affairs, and the Committee on the
Judiciary of the House of Representatives; and
``(C) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Homeland Security and
Government Affairs, the Committee on Foreign Relations, and the
Committee on the Judiciary of the Senate.
``(2) Covered foreign country and foreign malign influence.--
The terms `covered foreign country' and `foreign malign influence'
have the meanings given those terms in section 119C of the National
Security Act of 1947 (50 U.S.C. 3059).
``(3) Machine-manipulated media.--The term `machine-manipulated
media' has the meaning given that term in section 5724.''.
(d) Conforming Amendments.--
(1) Reporting.--Subsection (d) of such section is amended--
(A) in the matter preceding paragraph (1), by striking ``If
the Director'' and all that follows through ``the Center, the''
and inserting ``The''; and
(B) in paragraph (1), by striking ``180 days after the date
of the enactment of this Act'' and inserting ``August 1,
2021''.
(2) Funding.--Subsection (g) of such section, as redesignated
by subsection (b) of this section, is amended by striking ``fiscal
year 2020 and 2021'' and inserting ``fiscal year 2021 and 2022''.
(3) Clerical.--Such section 5323 is further amended--
(A) in the section heading, by striking ``encouragement
of''; and
(B) in subsection (c)--
(i) in the subsection heading, by striking
``Authority'' and inserting ``Requirement''; and
(ii) in paragraph (1), in the paragraph heading, by
striking ``Authority'' and inserting ``Requirement''.
SEC. 9302. 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 and the heads of other
relevant departments and agencies of the Federal Government, 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 under subsection
(a), the federally funded research and development center selected
under such subsection shall--
(1) identify threats that individually or collectively affect
national security, financial security, or both, including--
(A) foreign influence in companies seeking to access
capital markets by conducting initial public offerings in other
countries;
(B) 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; and
(C) 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 address 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 of the United States have 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 and countering the
threats identified under paragraph (1).
(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
congressional committees--
(A) a copy of the report, without change, in both
classified and unclassified form; and
(B) such comments as the Director, in coordination with the
Secretary of the Treasury and the heads of other relevant
departments and agencies of the Federal Government, may have
with respect to the report.
(2) Appropriate congressional committees.--In this subsection,
the term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Select Committee
on Intelligence, 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, the Committee on Financial Services,
the Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.
TITLE XCIV--SCIENCE, SPACE, AND TECHNOLOGY MATTERS
Subtitle A--Cybersecurity Matters
Sec. 9401. Improving national initiative for cybersecurity education.
Sec. 9402. Development of standards and guidelines for improving
cybersecurity workforce of Federal agencies.
Sec. 9403. Modifications to Federal cyber scholarship-for-service
program.
Sec. 9404. Additional modifications to Federal cyber scholarship-for-
service program.
Sec. 9405. Cybersecurity in programs of the National Science Foundation.
Sec. 9406. Cybersecurity in STEM programs of the National Aeronautics
and Space Administration.
Sec. 9407. National cybersecurity challenges.
Subtitle B--Other Matters
Sec. 9411. Established Program to Stimulate Competitive Research.
Sec. 9412. Industries of the future.
Sec. 9413. National Institute of Standards and Technology Manufacturing
Extension Partnership program supply chain database.
Sec. 9414. Study on Chinese policies and influence in the development of
international standards for emerging technologies.
Sec. 9415. Coordination with Hollings Manufacturing Extension
Partnership Centers.
Subtitle A--Cybersecurity Matters
SEC. 9401. IMPROVING NATIONAL INITIATIVE FOR CYBERSECURITY EDUCATION.
(a) Program Improvements Generally.--Subsection (a) of section 401
of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451) is
amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (6) as paragraph (10); and
(3) by inserting after paragraph (5) the following:
``(6) supporting efforts to identify cybersecurity workforce
skill gaps in public and private sectors;
``(7) facilitating Federal programs to advance cybersecurity
education, training, and workforce development;
``(8) in coordination with the Department of Defense, the
Department of Homeland Security, and other appropriate agencies,
considering any specific needs of the cybersecurity workforce of
critical infrastructure, including cyber physical systems and
control systems;
``(9) advising the Director of the Office of Management and
Budget, as needed, in developing metrics to measure the
effectiveness and effect of programs and initiatives to advance the
cybersecurity workforce; and''.
(b) Strategic Plan.--Subsection (c) of such section is amended--
(1) by striking ``The Director'' and inserting the following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Requirement.--The strategic plan developed and
implemented under paragraph (1) shall include an indication of how
the Director will carry out this section.''.
(c) Cybersecurity Career Pathways.--
(1) Identification of multiple cybersecurity career pathways.--
In carrying out subsection (a) of such section and not later than
540 days after the date of the enactment of this Act, the Director
of the National Institute of Standards and Technology shall, in
coordination with the Secretary of Defense, the Secretary of
Homeland Security, the Director of the Office of Personnel
Management, and the heads of other appropriate agencies, use a
consultative process with other Federal agencies, academia, and
industry to identify multiple career pathways for cybersecurity
work roles that can be used in the private and public sectors.
(2) Requirements.--The Director shall ensure that the multiple
cybersecurity career pathways identified under paragraph (1)
indicate the knowledge, skills, and abilities, including relevant
education, training, internships, apprenticeships, certifications,
and other experiences, that--
(A) align with employers' cybersecurity skill needs,
including proficiency level requirements, for its workforce;
and
(B) prepare an individual to be successful in entering or
advancing in a cybersecurity career.
(3) Exchange program.--Consistent with requirements under
chapter 37 of title 5, United States Code, the Director of the
National Institute of Standards and Technology, in coordination
with the Director of the Office of Personnel Management, may
establish a voluntary program for the exchange of employees engaged
in one of the cybersecurity work roles identified in the National
Initiative for Cybersecurity Education (NICE) Cybersecurity
Workforce Framework (NIST Special Publication 800-181), or
successor framework, between the National Institute of Standards
and Technology and private sector institutions, including nonpublic
or commercial businesses, research institutions, or institutions of
higher education, as the Director of the National Institute of
Standards and Technology considers feasible.
(d) Proficiency to Perform Cybersecurity Tasks.--Not later than 540
days after the date of the enactment of this Act, the Director of the
National Institute of Standards and Technology shall, in coordination
with the Secretary of Defense, the Secretary of Homeland Security, and
the heads of other appropriate agencies--
(1) in carrying out subsection (a) of such section, assess the
scope and sufficiency of efforts to measure an individual's
capability to perform specific tasks found in the National
Initiative for Cybersecurity Education (NICE) Cybersecurity
Workforce Framework (NIST Special Publication 800-181) at all
proficiency levels; and
(2) submit to Congress a report--
(A) on the findings of the Director with respect to the
assessment carried out under paragraph (1); and
(B) with recommendations for effective methods for
measuring the cybersecurity proficiency of learners.
(e) Cybersecurity Metrics.--Such section is further amended by
adding at the end the following:
``(e) Cybersecurity Metrics.--In carrying out subsection (a), the
Director of the Office of Management and Budget may seek input from the
Director of the National Institute of Standards and Technology, in
coordination with the Department of Homeland Security, the Department
of Defense, the Office of Personnel Management, and such agencies as
the Director of the National Institute of Standards and Technology
considers relevant, to develop quantifiable metrics for evaluating
Federally funded cybersecurity workforce programs and initiatives based
on the outcomes of such programs and initiatives.''.
(f) Regional Alliances and Multistakeholder Partnerships.--Such
section is further amended by adding at the end the following:
``(f) Regional Alliances and Multistakeholder Partnerships.--
``(1) In general.--Pursuant to section 2(b)(4) of the National
Institute of Standards and Technology Act (15 U.S.C. 272(b)(4)),
the Director shall establish cooperative agreements between the
National Initiative for Cybersecurity Education (NICE) of the
Institute and regional alliances or partnerships for cybersecurity
education and workforce.
``(2) Agreements.--The cooperative agreements established under
paragraph (1) shall advance the goals of the National Initiative
for Cybersecurity Education Cybersecurity Workforce Framework (NIST
Special Publication 800-181), or successor framework, by
facilitating local and regional partnerships to--
``(A) identify the workforce needs of the local economy and
classify such workforce in accordance with such framework;
``(B) identify the education, training, apprenticeship, and
other opportunities available in the local economy; and
``(C) support opportunities to meet the needs of the local
economy.
``(3) Financial assistance.--
``(A) Financial assistance authorized.--The Director may
award financial assistance to a regional alliance or
partnership with whom the Director enters into a cooperative
agreement under paragraph (1) in order to assist the regional
alliance or partnership in carrying out the terms of the
cooperative agreement.
``(B) Amount of assistance.--The aggregate amount of
financial assistance awarded under subparagraph (A) per
cooperative agreement shall not exceed $200,000.
``(C) Matching requirement.--The Director may not award
financial assistance to a regional alliance or partnership
under subparagraph (A) unless the regional alliance or
partnership agrees that, with respect to the costs to be
incurred by the regional alliance or partnership in carrying
out the cooperative agreement for which the assistance was
awarded, the regional alliance or partnership will make
available (directly or through donations from public or private
entities) non-Federal contributions, including in-kind
contributions, in an amount equal to 50 percent of Federal
funds provided under the award.
``(4) Application.--
``(A) In general.--A regional alliance or partnership
seeking to enter into a cooperative agreement under paragraph
(1) and receive financial assistance under paragraph (3) shall
submit to the Director an application therefore at such time,
in such manner, and containing such information as the Director
may require.
``(B) Requirements.--Each application submitted under
subparagraph (A) shall include the following:
``(i)(I) A plan to establish (or identification of, if
it already exists) a multistakeholder workforce partnership
that includes--
``(aa) at least one institution of higher
education or nonprofit training organization; and
``(bb) at least one local employer or owner or
operator of critical infrastructure.
``(II) Participation from academic institutions in
the Federal Cyber Scholarships for Service Program, the
National Centers of Academic Excellence in
Cybersecurity Program, or advanced technological
education programs, as well as elementary and secondary
schools, training and certification providers, State
and local governments, economic development
organizations, or other community organizations is
encouraged.
``(ii) A description of how the workforce partnership
would identify the workforce needs of the local economy.
``(iii) A description of how the multistakeholder
workforce partnership would leverage the programs and
objectives of the National Initiative for Cybersecurity
Education, such as the Cybersecurity Workforce Framework
and the strategic plan of such initiative.
``(iv) A description of how employers in the community
will be recruited to support internships, externships,
apprenticeships, or cooperative education programs in
conjunction with providers of education and training.
Inclusion of programs that seek to include veterans, Indian
Tribes, and underrepresented groups, including women,
minorities, persons from rural and underserved areas, and
persons with disabilities is encouraged.
``(v) A definition of the metrics to be used in
determining the success of the efforts of the regional
alliance or partnership under the agreement.
``(C) Priority consideration.--In awarding financial
assistance under paragraph (3)(A), the Director shall give
priority consideration to a regional alliance or partnership
that includes an institution of higher education that is
designated as a National Center of Academic Excellence in
Cybersecurity or which received an award under the Federal
Cyber Scholarship for Service program located in the State or
region of the regional alliance or partnership.
``(5) Audits.--Each cooperative agreement for which financial
assistance is awarded under paragraph (3) shall be subject to audit
requirements under part 200 of title 2, Code of Federal Regulations
(relating to uniform administrative requirements, cost principles,
and audit requirements for Federal awards), or successor
regulation.
``(6) Reports.--
``(A) In general.--Upon completion of a cooperative
agreement under paragraph (1), the regional alliance or
partnership that participated in the agreement shall submit to
the Director a report on the activities of the regional
alliance or partnership under the agreement, which may include
training and education outcomes.
``(B) Contents.--Each report submitted under subparagraph
(A) by a regional alliance or partnership shall include the
following:
``(i) An assessment of efforts made by the regional
alliance or partnership to carry out paragraph (2).
``(ii) The metrics used by the regional alliance or
partnership to measure the success of the efforts of the
regional alliance or partnership under the cooperative
agreement.''.
(g) Transfer of Section.--
(1) Transfer.--Such section is transferred to the end of title
III of such Act and redesignated as section 303.
(2) Repeal.--Title IV of such Act is repealed.
(3) Clerical.--The table of contents in section 1(b) of such
Act is amended--
(A) by striking the items relating to title IV and section
401; and
(B) by inserting after the item relating to section 302 the
following:
``Sec. 303. National cybersecurity awareness and education program.''.
(4) Conforming amendments.--
(A) Section 302(3) of the Federal Cybersecurity Workforce
Assessment Act of 2015 (Public Law 114-113; 5 U.S.C. 301 note)
is amended by striking ``under section 401 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7451)'' and inserting
``under section 303 of the Cybersecurity Enhancement Act of
2014 (Public Law 113-274)''.
(B) Section 2(c)(3) of the NIST Small Business
Cybersecurity Act (Public Law 115-236; 15 U.S.C. 272 note) is
amended by striking ``under section 401 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7451)'' and inserting
``under section 303 of the Cybersecurity Enhancement Act of
2014 (Public Law 113-274)''.
(C) Section 302(f) of the Cybersecurity Enhancement Act of
2014 (15 U.S.C. 7442(f)) is amended by striking ``under section
401'' and inserting ``under section 303''.
SEC. 9402. DEVELOPMENT OF STANDARDS AND GUIDELINES FOR IMPROVING
CYBERSECURITY WORKFORCE OF FEDERAL AGENCIES.
(a) In General.--Section 20(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(a)) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) identify and develop standards and guidelines for
improving the cybersecurity workforce for an agency as part of the
National Initiative for Cybersecurity Education (NICE)
Cybersecurity Workforce Framework (NIST Special Publication 800-
181), or successor framework.''.
(b) Publication of Standards and Guidelines on Cybersecurity
Awareness.--Not later than three years after the date of the enactment
of this Act and pursuant to section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3), the Director of the
National Institute of Standards and Technology shall publish standards
and guidelines for improving cybersecurity awareness of employees and
contractors of Federal agencies.
SEC. 9403. MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE
PROGRAM.
Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7442) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``information
technology'' and inserting ``information technology and
cybersecurity'';
(B) by amending paragraph (3) to read as follows:
``(3) prioritize the placement of scholarship recipients
fulfilling the post-award employment obligation under this section
to ensure that--
``(A) not less than 70 percent of such recipients are
placed in an executive agency (as defined in section 105 of
title 5, United States Code);
``(B) not more than 10 percent of such recipients are
placed as educators in the field of cybersecurity at qualified
institutions of higher education that provide scholarships
under this section; and
``(C) not more than 20 percent of such recipients are
placed in positions described in paragraphs (2) through (5) of
subsection (d); and''; and
(C) in paragraph (4), in the matter preceding subparagraph
(A), by inserting ``, including by seeking to provide awards in
coordination with other relevant agencies for summer
cybersecurity camp or other experiences, including teacher
training, in each of the 50 States,'' after ``cybersecurity
education'';
(2) in subsection (d)--
(A) in paragraph (4), by striking ``or'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(6) as provided by subsection (b)(3)(B), a qualified
institution of higher education.''; and
(3) in subsection (m)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``cyber'' and inserting ``cybersecurity''; and
(B) in paragraph (2), by striking ``cyber'' and inserting
``cybersecurity''.
SEC. 9404. ADDITIONAL MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR-
SERVICE PROGRAM.
Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7442) is further amended--
(1) in subsection (f)--
(A) in paragraph (4), by striking ``and'' after the
semicolon; and
(B) by striking paragraph (5) and inserting the following:
``(5) enter into an agreement accepting and acknowledging the
post award employment obligations, pursuant to section (d);
``(6) accept and acknowledge the conditions of support under
section (g); and
``(7) accept all terms and conditions of a scholarship under
this section.'';
(2) in subsection (g)--
(A) in paragraph (1), by inserting ``the Office of
Personnel Management (in coordination with the National Science
Foundation) and'' before ``the qualified institution'';
(B) in paragraph (2)--
(i) in subparagraph (D), by striking ``or'' after the
semicolon; and
(ii) by striking subparagraph (E) and inserting the
following:
``(E) fails to maintain or fulfill any of the post-
graduation or post-award obligations or requirements of the
individual; or
``(F) fails to fulfill the requirements of paragraph
(1).'';
(3) in subsection (h)(2), by inserting ``and the Director of
the Office of Personnel Management'' after ``Foundation'';
(4) in subsection (k)(1)(A), by striking ``and the Director''
and all that follows through ``owed'' and inserting ``, the
Director of the National Science Foundation, and the Director of
the Office of Personnel Management of the amounts owed''; and
(5) in subsection (m)(2), by striking ``once every 3 years''
and all that follows through ``workforce'' and inserting ``once
every two years, to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Science,
Space, and Technology and the Committee on Oversight and Reform of
the House of Representatives a report, including--
``(A) the results of the evaluation under paragraph (1);
``(B) the disparity in any reporting between scholarship
recipients and their respective institutions of higher
education; and
``(C) any recent statistics regarding the size,
composition, and educational requirements of the Federal cyber
workforce.''.
SEC. 9405. CYBERSECURITY IN PROGRAMS OF THE NATIONAL SCIENCE
FOUNDATION.
(a) Computer Science and Cybersecurity Education Research.--Section
310 of the American Innovation and Competitiveness Act (42 U.S.C.
1862s-7) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and cybersecurity''
after ``computer science''; and
(B) in paragraph (2)--
(i) in subparagraph (C), by striking `` and'' after the
semicolon;
(ii) in subparagraph (D), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) tools and models for the integration of cybersecurity
and other interdisciplinary efforts into computer science
education and computational thinking at secondary and
postsecondary levels of education.''; and
(2) in subsection (c), by inserting ``, cybersecurity,'' after
``computing''.
(b) Scientific and Technical Education.--Section 3(j)(9) of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i(j)(9))
is amended by inserting ``and cybersecurity'' after ``computer
science''.
(c) Low-income Scholarship Program.--Section 414(d) of the American
Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C. 1869c)
is amended--
(1) in paragraph (1), by striking ``or computer science'' and
inserting ``computer science, or cybersecurity''; and
(2) in paragraph (2)(A)(iii), by inserting ``cybersecurity,''
after ``computer science,''.
(d) Presidential Awards for Teaching Excellence.--The Director of
the National Science Foundation shall ensure that educators and mentors
in fields relating to cybersecurity can be considered for--
(1) Presidential Awards for Excellence in Mathematics and
Science Teaching made under section 117 of the National Science
Foundation Authorization Act of 1988 (42 U.S.C. 1881b); and
(2) Presidential Awards for Excellence in STEM Mentoring
administered under section 307 of the American Innovation and
Competitiveness Act (42 U.S.C. 1862s-6).
SEC. 9406. CYBERSECURITY IN STEM PROGRAMS OF THE NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION.
In carrying out any STEM education program of the National
Aeronautics and Space Administration (referred to in this section as
``NASA''), including a program of the Office of STEM Engagement, the
Administrator of NASA shall, to the maximum extent practicable,
encourage the inclusion of cybersecurity education opportunities in
such program.
SEC. 9407. NATIONAL CYBERSECURITY CHALLENGES.
(a) In General.--Title II of the Cybersecurity Enhancement Act of
2014 (15 U.S.C. 7431 et seq.) is amended by adding at the end the
following:
``SEC. 205. NATIONAL CYBERSECURITY CHALLENGES.
``(a) Establishment of National Cybersecurity Challenges.--
``(1) In general.--To achieve high-priority breakthroughs in
cybersecurity by 2028, the Secretary of Commerce shall establish
the following national cybersecurity challenges:
``(A) Economics of a cyber attack.--Building more resilient
systems that measurably and exponentially raise adversary costs
of carrying out common cyber attacks.
``(B) Cyber training.--
``(i) Empowering the people of the United States with
an appropriate and measurably sufficient level of digital
literacy to make safe and secure decisions online.
``(ii) Developing a cybersecurity workforce with
measurable skills to protect and maintain information
systems.
``(C) Emerging technology.--Advancing cybersecurity efforts
in response to emerging technology, such as artificial
intelligence, quantum science, next generation communications,
autonomy, data science, and computational technologies.
``(D) Reimagining digital identity.--Maintaining a high
sense of usability while improving the privacy, security, and
safety of online activity of individuals in the United States.
``(E) Federal agency resilience.--Reducing cybersecurity
risks to Federal networks and systems, and improving the
response of Federal agencies to cybersecurity incidents on such
networks and systems.
``(2) Coordination.--In establishing the challenges under
paragraph (1), the Secretary shall coordinate with the Secretary of
Homeland Security on the challenges under subparagraphs (B) and (E)
of such paragraph.
``(b) Pursuit of National Cybersecurity Challenges.--
``(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Secretary, acting through the
Under Secretary of Commerce for Standards and Technology, shall
commence efforts to pursue the national cybersecurity challenges
established under subsection (a).
``(2) Competitions.--The efforts required by paragraph (1)
shall include carrying out programs to award prizes, including cash
and noncash prizes, competitively pursuant to the authorities and
processes established under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719) or any other
applicable provision of law.
``(3) Additional authorities.--In carrying out paragraph (1),
the Secretary may enter into and perform such other transactions as
the Secretary considers necessary and on such terms as the
Secretary considers appropriate.
``(4) Coordination.--In pursuing national cybersecurity
challenges under paragraph (1), the Secretary shall coordinate with
the following:
``(A) The Director of the National Science Foundation.
``(B) The Secretary of Homeland Security.
``(C) The Director of the Defense Advanced Research
Projects Agency.
``(D) The Director of the Office of Science and Technology
Policy.
``(E) The Director of the Office of Management and Budget.
``(F) The Administrator of the General Services
Administration.
``(G) The Federal Trade Commission.
``(H) The heads of such other Federal agencies as the
Secretary of Commerce considers appropriate for purposes of
this section.
``(5) Solicitation of acceptance of funds.--
``(A) In general.--Pursuant to section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the
Secretary shall request and accept funds from other Federal
agencies, State, United States territory, local, or Tribal
government agencies, private sector for-profit entities, and
nonprofit entities to support efforts to pursue a national
cybersecurity challenge under this section.
``(B) Rule of construction.--Nothing in subparagraph (A)
may be construed to require any person or entity to provide
funds or otherwise participate in an effort or competition
under this section.
``(c) Recommendations.--
``(1) In general.--In carrying out this section, the Secretary
of Commerce shall designate an advisory council to seek
recommendations.
``(2) Elements.--The recommendations required by paragraph (1)
shall include the following:
``(A) A scope for efforts carried out under subsection (b).
``(B) Metrics to assess submissions for prizes under
competitions carried out under subsection (b) as the
submissions pertain to the national cybersecurity challenges
established under subsection (a).
``(3) No additional compensation.--The Secretary may not
provide any additional compensation, except for travel expenses, to
a member of the advisory council designated under paragraph (1) for
participation in the advisory council.''.
(b) Conforming Amendments.--Section 201(a)(1) of such Act (15
U.S.C. 7431(a)(1)) is amended--
(1) in subparagraph (J), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (K) as subparagraph (L); and
(3) by inserting after subparagraph (J) the following:
``(K) implementation of section 205 through research and
development on the topics identified under subsection (a) of
such section; and''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 204
the following:
``Sec. 205. National cybersecurity challenges.''.
Subtitle B--Other Matters
SEC. 9411. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)) is amended by striking paragraph (3) and inserting the
following new paragraph (3):
``(3) Established program to stimulate competitive research.--
``(A) Definitions.--In this paragraph:
``(i) Eligible jurisdiction.--The term `eligible
jurisdiction' means a State that is determined to be
eligible for a grant under this paragraph in accordance
with subparagraph (D).
``(ii) EPSCoR.--The term `EPSCoR' means the Established
Program to Stimulate Competitive Research operated under
subparagraph (B).
``(iii) National laboratory.--The term `National
Laboratory' has the meaning given the term in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801).
``(iv) State.--The term `State' means--
``(I) a State;
``(II) the District of Columbia;
``(III) the Commonwealth of Puerto Rico;
``(IV) Guam; and
``(V) the United States Virgin Islands.
``(B) Program operation.--The Secretary shall operate an
Established Program to Stimulate Competitive Research.
``(C) Objectives.--The objectives of EPSCoR shall be--
``(i) to increase the number of researchers in eligible
jurisdictions, especially at institutions of higher
education, capable of performing nationally competitive
science and engineering research in support of the mission
of the Department of Energy in the areas of applied energy
research, environmental management, and basic science;
``(ii) to improve science and engineering research and
education programs at institutions of higher education in
eligible jurisdictions and enhance the capabilities of
eligible jurisdictions to develop, plan, and execute
research that is competitive, including through investing
in research equipment and instrumentation; and
``(iii) to increase the probability of long-term growth
of competitive funding to eligible jurisdictions.
``(D) Eligible jurisdictions.--
``(i) In general.--The Secretary may establish criteria
for determining whether a State is eligible for a grant
under this paragraph.
``(ii) Requirement.--Except as provided in clause
(iii), in establishing criteria under clause (i), the
Secretary shall ensure that a State is eligible for a grant
under this paragraph if the State, as determined by the
Secretary, is a State that--
``(I) historically has received relatively little
Federal research and development funding; and
``(II) has demonstrated a commitment--
``(aa) to develop the research bases in the
State; and
``(bb) to improve science and engineering
research and education programs at institutions of
higher education in the State.
``(iii) Eligibility under nsf epscor.--At the election
of the Secretary, or if the Secretary declines to establish
criteria under clause (i), the Secretary may continue to
use the eligibility criteria in use on the date of
enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 or any
successor criteria.
``(E) Grants in areas of applied energy research,
environmental management, and basic science.--
``(i) In general.--EPSCoR shall make grants to eligible
jurisdictions to carry out and support applied energy
research and research in all areas of environmental
management and basic science sponsored by the Department of
Energy, including--
``(I) energy efficiency, fossil energy, renewable
energy, and other applied energy research;
``(II) electricity delivery research;
``(III) cybersecurity, energy security, and
emergency response;
``(IV) environmental management; and
``(V) basic science research.
``(ii) Activities.--EPSCoR shall make grants under this
subparagraph for activities consistent with the objectives
described in subparagraph (C) in the areas of applied
energy research, environmental management, and basic
science described in clause (i), including--
``(I) to support research that is carried out in
partnership with the National Laboratories;
``(II) to provide for graduate traineeships;
``(III) to support research by early career
faculty; and
``(IV) to improve research capabilities through
biennial research implementation grants.
``(iii) No cost sharing.--EPSCoR shall not impose any
cost-sharing requirement with respect to a grant made under
this subparagraph, but may require letters of commitment
from National Laboratories.
``(F) Other activities.--EPSCoR may carry out such
activities as may be necessary to meet the objectives described
in subparagraph (C) in the areas of applied energy research,
environmental management, and basic science described in
subparagraph (E)(i).
``(G) Program implementation.--
``(i) In general.--Not later than 270 days after the
date of enactment of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021,
the Secretary shall submit to the Committees on Energy and
Natural Resources and Appropriations of the Senate and the
Committees on Energy and Commerce and Appropriations of the
House of Representatives a plan describing how the
Secretary shall implement EPSCoR.
``(ii) Contents of plan.--The plan described in clause
(i) shall include a description of--
``(I) the management structure of EPSCoR, which
shall ensure that all research areas and activities
described in this paragraph are incorporated into
EPSCoR;
``(II) efforts to conduct outreach to inform
eligible jurisdictions and faculty of changes to, and
opportunities under, EPSCoR;
``(III) how EPSCoR plans to increase engagement
with eligible jurisdictions, faculty, and State
committees, including by holding regular workshops, to
increase participation in EPSCoR; and
``(IV) any other issues relating to EPSCoR that the
Secretary determines appropriate.
``(H) Program evaluation.--
``(i) In general.--Not later than 5 years after the
date of enactment of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021,
the Secretary shall contract with a federally funded
research and development center, the National Academy of
Sciences, or a similar organization to carry out an
assessment of the effectiveness of EPSCoR, including an
assessment of--
``(I) the tangible progress made towards achieving
the objectives described in subparagraph (C);
``(II) the impact of research supported by EPSCoR
on the mission of the Department of Energy; and
``(III) any other issues relating to EPSCoR that
the Secretary determines appropriate.
``(ii) Limitation.--The organization with which the
Secretary contracts under clause (i) shall not be a
National Laboratory.
``(iii) Report.--Not later than 6 years after the date
of enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021, the
Secretary shall submit to the Committee on Energy and
Natural Resources and the Committee on Appropriations of
the Senate and the Committee on Science, Space and
Technology and the Committee on Appropriations of the House
of Representatives a report describing the results of the
assessment carried out under clause (i), including
recommendations for improvements that would enable the
Secretary to achieve the objectives described in
subparagraph (C).''.
SEC. 9412. INDUSTRIES OF THE FUTURE.
(a) Short Title.--This section may be cited as the ``Industries of
the Future Act of 2020''.
(b) Report on Federal Research and Development Focused on
Industries of the Future.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy shall submit to Congress a report on research and
development investments, infrastructure, and workforce development
investments of the Federal Government that enable continued United
States leadership in industries of the future.
(2) Contents.--The report submitted under paragraph (1) shall
include the following:
(A) A definition, for purposes of this section, of the term
``industries of the future'' that includes emerging
technologies.
(B) An assessment of the current baseline of investments in
civilian research and development investments of the Federal
Government in the industries of the future.
(C) A plan to double such baseline investments in
artificial intelligence and quantum information science by
fiscal year 2022.
(D) A detailed plan to increase investments described in
subparagraph (B) in industries of the future to $10,000,000,000
per year by fiscal year 2025.
(E) A plan to leverage investments described in
subparagraphs (B), (C), and (D) in industries of the future to
elicit complimentary investments by non-Federal entities,
including providing incentives for significant complementary
investments by such entities and facilitating public-private
partnerships.
(F) Proposals for the Federal Government, including any
necessary draft legislation, to implement such plans.
(c) Industries of the Future Coordination Council.--
(1) Establishment.--
(A) In general.--The President shall establish or designate
a council to advise the Director of the Office of Science and
Technology Policy on matters relevant to the Director and the
industries of the future.
(B) Designation.--The council established or designated
under subparagraph (A) shall be known as the ``Industries of
the Future Coordination Council'' (in this section the
``Council'').
(2) Membership.--
(A) Composition.--The Council shall be composed of
employees of the Federal Government who shall be appointed as
follows:
(i) One member appointed by the Director.
(ii) A chairperson of the Select Committee on
Artificial Intelligence of the National Science and
Technology Council.
(iii) A chairperson of the Subcommittee on Advanced
Manufacturing of the National Science and Technology
Council.
(iv) A chairperson of the Subcommittee on Quantum
Information Science of the National Science and Technology
Council.
(v) Such other members as the President considers
appropriate.
(B) Chairperson.--The member appointed to the Council under
paragraph (A)(i) shall serve as the chairperson of the Council.
(3) Duties.--The duties of the Council are as follows:
(A) To provide the Director with advice on ways in which in
the Federal Government can ensure the United States continues
to lead the world in developing emerging technologies that
improve the quality of life of the people of the United States,
increase economic competitiveness of the United States, and
strengthen the national security of the United States,
including identification of the following:
(i) Federal investments required in fundamental
research and development, infrastructure, technology
transfer, and workforce development of the United States
workers who will support the industries of the future.
(ii) Actions necessary to create and further develop
the workforce that will support the industries of the
future.
(iii) Actions required to leverage the strength of the
research and development ecosystem of the United States,
which includes academia, industry, and nonprofit
organizations, to support industries of the future.
(iv) Ways that the Federal Government can consider
leveraging existing partnerships and creating new
partnerships and other multisector collaborations to
advance the industries of the future.
(v) Actions required to accelerate the translation of
federally funded research and development to practice and
meaningful benefits for society while mitigating any risks.
(B) To provide the Director with advice on matters relevant
to the report required under subsection (b).
(4) Coordination.--The Council shall coordinate with and
utilize relevant existing National Science and Technology Council
committees to the maximum extent feasible in order to minimize
duplication of effort.
(5) Applicability of faca.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Council established under
this subsection.
(6) Sunset.--The Council shall terminate on the date that is 6
years after the date of the enactment of this Act.
SEC. 9413. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY MANUFACTURING
EXTENSION PARTNERSHIP PROGRAM SUPPLY CHAIN DATABASE.
(a) In General.--The Director of the National Institute of
Standards and Technology shall carry out a study to evaluate the
feasibility, advisability, and costs of establishing a national supply
chain database within the Manufacturing Extension Partnership program
of the National Institute of Standards and Technology to--
(1) understand the manufacturing capabilities of United States
manufacturers; and
(2) minimize disruptions to the supply chain, which may include
defense supplies, food, and medical devices, including personal
protective equipment.
(b) Considerations.--In carrying out the study under subsection
(a), the Director of the National Institute of Standards and Technology
shall consider the following:
(1) Whether a national supply chain database may enable the
National Institute of Standards and Technology and the small and
medium manufacturers of the Manufacturing Extension Partnership
program to--
(A) understand the available domestic manufacturing
capabilities; and
(B) meet the needs for urgent products in the event of a
supply chain disruption.
(2) How information from State-level databases maintained
within the Manufacturing Extension Partnership program would be
incorporated into the national supply chain database.
(3) The relationship, if any, between a national supply chain
database within the Manufacturing Extension Partnership program and
supply chain efforts conducted by other agencies in the Federal
Government and non-Federal entities.
(4) Whether the National Institute of Standards and Technology
could use existing technologies and solutions to establish a
national supply chain database.
(5) How a national supply chain database could be regularly
maintained and updated to ensure effectiveness.
(6) The nature of the information that could be voluntarily
collected from manufacturers for a national supply chain database.
(7) What mechanisms should be in place to ensure that the
information under paragraph (6) is verified.
(8) What security measures may be necessary to protect
information, including protocols to ensure that information in the
national supply chain database is accessed according to the nature
of the information in such database with individuals with the
appropriate level of authorization.
(9) Whether there should be restrictions to protect proprietary
business and personal information under paragraph (6).
(10) The cost of developing and maintaining such a database,
including staffing.
(c) Report to Congress.--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 submit to Congress a report that
includes the findings and any recommendations from the study required
under subsection (a). Such report shall include a description of any
new legislation that may be required to implement a new national supply
chain database through the Manufacturing Extension Partnership program.
SEC. 9414. STUDY ON CHINESE POLICIES AND INFLUENCE IN THE DEVELOPMENT
OF INTERNATIONAL STANDARDS FOR EMERGING TECHNOLOGIES.
(a) Study.--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 entity
with relevant expertise, as determined by the Director, to conduct a
study and make recommendations with respect to the effect 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 effect 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 used while participating in
international standards setting organizations may foretell how the
People's Republic of China is likely to 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 the 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 area the Director, in consultation with the
entity selected to conduct the study, determines is important to
address.
(b) Report to Congress.--The agreement entered into under
subsection (a) shall provide that, not later than two years after the
date of the enactment of this Act, the entity conducting the study
shall--
(1) submit to the Committee on Science, Space, and Technology
and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Foreign Relations of the Senate
a report containing the findings and recommendations of the study;
and
(2) make a copy of such report available on a publicly
accessible website.
SEC. 9415. 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
section) 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 section 25(e) of such Act.
TITLE XCV--NATURAL RESOURCES MATTERS
Sec. 9501. Transfer of funds for Oklahoma City national memorial
endowment fund.
Sec. 9502. Workforce issues for military realignments in the Pacific.
Sec. 9503. Affirmation of authority for non-oil and gas operations on
the outer Continental Shelf.
SEC. 9501. TRANSFER OF FUNDS FOR OKLAHOMA CITY NATIONAL MEMORIAL
ENDOWMENT FUND.
Section 7(1) of the Oklahoma City National Memorial Act of 1997 (16
U.S.C. 450ss-5(1)) is amended by striking ``there is hereby
authorized'' and inserting ``the Secretary may provide, from the
National Park Service's National Recreation and Preservation account,
the remainder of''.
SEC. 9502. 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. 9503. AFFIRMATION OF AUTHORITY FOR NON-OIL AND GAS OPERATIONS ON
THE OUTER CONTINENTAL SHELF.
Section 4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C.
1333(a)(1)) is amended to read as follows:
``(1) Jurisdiction of the united states on the outer
continental shelf.--
``(A) In general.--The Constitution and laws and civil and
political jurisdiction of the United States are extended, to
the same extent as if the outer Continental Shelf were an area
of exclusive Federal jurisdiction located within a State, to--
``(i) the subsoil and seabed of the outer Continental
Shelf;
``(ii) all artificial islands on the outer Continental
Shelf;
``(iii) installations and other devices permanently or
temporarily attached to the seabed, which may be erected
thereon for the purpose of exploring for, developing, or
producing resources, including non-mineral energy
resources; or
``(iv) any such installation or other device (other
than a ship or vessel) for the purpose of transporting or
transmitting such resources.
``(B) Leases issued exclusively under this act.--Mineral or
energy leases on the outer Continental Shelf shall be
maintained or issued only under the provisions of this Act.''.
TITLE XCVI--OVERSIGHT AND REFORM MATTERS
Sec. 9601. Inventory of program activities of Federal agencies.
Sec. 9602. Preservation of electronic messages and other records.
Sec. 9603. Continuity of the economy plan.
SEC. 9601. INVENTORY OF PROGRAM ACTIVITIES OF FEDERAL AGENCIES.
(a) 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.''.
(b) 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 (a) 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
(a), 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 (a);
(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 (a) 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 (a) 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 (a) 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.
(c) 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. 9602. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS.
(a) Short Title.--This section may be cited as the ``Electronic
Message Preservation Act''.
(b) Preservation of Electronic Messages and Other Records.--
(1) 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) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsection (a) shall
also include requirements for the capture, management, and preservation
of other electronic records.
``(c) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under subsection (a).''.
(2) Deadline for regulations.--Not later than one year after
the date of the enactment of this Act, the Archivist shall propose
the regulations required under section 2912(a) of title 44, United
States Code, as added by paragraph (1).
(3) Reports on implementation of regulations.--
(A) Agency report to archivist.--Not later than two years
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
paragraph (1), and shall make the report publicly available on
the website of the agency.
(B) Archivist report to congress.--Not later than 90 days
after receipt of all reports required by subparagraph (A), 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 paragraph (1), and shall make the report publicly available
on the website of the agency.
(C) 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.
(4) 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.''.
(5) Definitions.--Section 2901 of title 44, United States Code,
is amended--
(A) by striking ``and'' at the end of paragraph (14); and
(B) 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. 9603. CONTINUITY OF THE ECONOMY PLAN.
(a) Requirement.--
(1) In general.--The President shall develop and maintain a
plan to maintain and restore the economy of the United States in
response to a significant event.
(2) Principles.--The plan required under paragraph (1) shall--
(A) be consistent with--
(i) a free market economy; and
(ii) the rule of law; and
(B) respect private property rights.
(3) Contents.--The plan required under paragraph (1) shall--
(A) examine the distribution of goods and services across
the United States necessary for the reliable functioning of the
United States during a significant event;
(B) identify the economic functions of relevant actors, the
disruption, corruption, or dysfunction of which would have a
debilitating effect in the United States on--
(i) security;
(ii) economic security;
(iii) defense readiness; or
(iv) public health or safety;
(C) identify the critical distribution mechanisms for each
economic sector that should be prioritized for operation during
a significant event, including--
(i) bulk power and electric transmission systems;
(ii) national and international financial systems,
including wholesale payments, stocks, and currency
exchanges;
(iii) national and international communications
networks, data-hosting services, and cloud services;
(iv) interstate oil and natural gas pipelines; and
(v) mechanisms for the interstate and international
trade and distribution of materials, food, and medical
supplies, including road, rail, air, and maritime shipping;
(D) identify economic functions of relevant actors, the
disruption, corruption, or dysfunction of which would cause--
(i) catastrophic economic loss;
(ii) the loss of public confidence; or
(iii) the widespread imperilment of human life;
(E) identify the economic functions of relevant actors that
are so vital to the economy of the United States that the
disruption, corruption, or dysfunction of those economic
functions would undermine response, recovery, or mobilization
efforts during a significant event;
(F) incorporate, to the greatest extent practicable, the
principles and practices contained within Federal plans for the
continuity of Government and continuity of operations;
(G) identify--
(i) industrial control networks for which a loss of
internet connectivity, a loss of network integrity or
availability, an exploitation of a system connected to the
network, or another failure, disruption, corruption, or
dysfunction would have a debilitating effect in the United
States on--
(I) security;
(II) economic security;
(III) defense readiness; or
(IV) public health or safety; and
(ii) for each industrial control network identified
under clause (i), risk mitigation measures, including--
(I) the installation of parallel services;
(II) the use of stand-alone analog services; or
(III) the significant hardening of the industrial
control network against failure, disruption,
corruption, or dysfunction;
(H) identify critical economic sectors for which the
preservation of data in a protected, verified, and uncorrupted
status would be required for the quick recovery of the economy
of the United States in the face of a significant disruption
following a significant event;
(I) include a list of raw materials, industrial goods, and
other items, the absence of which would significantly undermine
the ability of the United States to sustain the functions
described in subparagraphs (B), (D), and (E);
(J) provide an analysis of supply chain diversification for
the items described in subparagraph (I) in the event of a
disruption caused by a significant event;
(K) include--
(i) a recommendation as to whether the United States
should maintain a strategic reserve of 1 or more of the
items described in subparagraph (I); and
(ii) for each item described in subparagraph (I) for
which the President recommends maintaining a strategic
reserve under clause (i), an identification of mechanisms
for tracking inventory and availability of the item in the
strategic reserve;
(L) identify mechanisms in existence on the date of
enactment of this Act and mechanisms that can be developed to
ensure that the swift transport and delivery of the items
described in subparagraph (I) is feasible in the event of a
distribution network disturbance or degradation, including a
distribution network disturbance or degradation caused by a
significant event;
(M) include guidance for determining the prioritization for
the distribution of the items described in subparagraph (I),
including distribution to States and Indian Tribes;
(N) consider the advisability and feasibility of mechanisms
for extending the credit of the United States or providing
other financial support authorized by law to key participants
in the economy of the United States if the extension or
provision of other financial support--
(i) is necessary to avoid severe economic degradation;
or
(ii) allows for the recovery from a significant event;
(O) include guidance for determining categories of
employees that should be prioritized to continue to work in
order to sustain the functions described in subparagraphs (B),
(D), and (E) in the event that there are limitations on the
ability of individuals to travel to workplaces or to work
remotely, including considerations for defense readiness;
(P) identify critical economic sectors necessary to provide
material and operational support to the defense of the United
States;
(Q) determine whether the Secretary of Homeland Security,
the National Guard, and the Secretary of Defense have adequate
authority to assist the United States in a recovery from a
severe economic degradation caused by a significant event;
(R) review and assess the authority and capability of heads
of other agencies that the President determines necessary to
assist the United States in a recovery from a severe economic
degradation caused by a significant event; and
(S) consider any other matter that would aid in protecting
and increasing the resilience of the economy of the United
States from a significant event.
(b) Coordination.--In developing the plan required under subsection
(a)(1), the President shall--
(1) receive advice from--
(A) the Secretary of Homeland Security;
(B) the Secretary of Defense;
(C) the Secretary of the Treasury;
(D) the Secretary of Health and Human Services;
(E) the Secretary of Commerce;
(F) the Secretary of Transportation;
(G) the Secretary of Energy;
(H) the Administrator of the Small Business Administration;
and
(I) the head of any other agency that the President
determines necessary to complete the plan;
(2) consult with economic sectors relating to critical
infrastructure through sector-coordinated councils, as appropriate;
(3) consult with relevant State, Tribal, and local governments
and organizations that represent those governments; and
(4) consult with any other non-Federal entity that the
President determines necessary to complete the plan.
(c) Submission to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than every 3 years
thereafter, the President shall submit the plan required under
subsection (a)(1) and the information described in paragraph (2)
to--
(A) the majority and minority leaders of the Senate;
(B) the Speaker and the minority leader of the House of
Representatives;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Armed Services of the House of
Representatives;
(E) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(F) the Committee on Homeland Security of the House of
Representatives;
(G) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(H) the Committee on Commerce, Science, and Transportation
of the Senate;
(I) the Committee on Energy and Commerce of the House of
Representatives;
(J) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(K) the Committee on Finance of the Senate;
(L) the Committee on Financial Services of the House of
Representatives;
(M) the Committee on Small Business and Entrepreneurship of
the Senate;
(N) the Committee on Small Business of the House of
Representatives;
(O) the Committee on Energy and Natural Resources of the
Senate;
(P) the Committee on Environment and Public Works of the
Senate;
(Q) the Committee on Indian Affairs of the Senate;
(R) the Committee on Oversight and Reform of the House of
Representatives;
(S) Committee on the Budget of the House of
Representatives; and
(T) any other committee of the Senate or the House of
Representatives that has jurisdiction over the subject of the
plan.
(2) Additional information.--The information described in this
paragraph is--
(A) any change to Federal law that would be necessary to
carry out the plan required under subsection (a)(1); and
(B) any proposed changes to the funding levels provided in
appropriation Acts for the most recent fiscal year that can be
implemented in future appropriation Acts or additional
resources necessary to--
(i) implement the plan required under subsection
(a)(1); or
(ii) maintain any program offices and personnel
necessary to--
(I) maintain the plan required under subsection
(a)(1) and the plans described in subsection (a)(3)(F);
and
(II) conduct exercises, assessments, and updates to
the plans described in subclause (I) over time.
(3) Budget of the president.--The President may include the
information described in paragraph (2)(B) in the budget required to
be submitted by the President under section 1105(a) of title 31,
United States Code.
(d) Definitions.--In this section:
(1) The term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code.
(2) The term ``economic sector'' means a sector of the economy
of the United States.
(3) The term ``relevant actor'' means--
(A) the Federal Government;
(B) a State, local, or Tribal government; or
(C) the private sector.
(4) The term ``significant event'' means an event that causes
severe degradation to economic activity in the United States due
to--
(A) a cyber attack; or
(B) another significant event that is natural or human-
caused.
(5) The term ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any possession of the United States.
TITLE XCVII--FINANCIAL SERVICES MATTERS
Subtitle A--Kleptocracy Asset Recovery Rewards Act
Sec. 9701. Short title.
Sec. 9702. Sense of Congress.
Sec. 9703. Department of the Treasury Kleptocracy Asset Recovery Rewards
Pilot Program.
Subtitle B--Combating Russian Money Laundering
Sec. 9711. Short title.
Sec. 9712. Statement of policy.
Sec. 9713. Sense of Congress.
Sec. 9714. Determination with respect to primary money laundering
concern of Russian illicit finance.
Subtitle C--Other Matters
Sec. 9721. Certified notice at completion of an assessment.
Sec. 9722. Ensuring Chinese debt transparency.
Sec. 9723. Accountability for World Bank Loans to China.
Sec. 9724. Fairness for Taiwan nationals regarding employment at
international financial institutions.
Subtitle A--Kleptocracy Asset Recovery Rewards Act
SEC. 9701. SHORT TITLE.
The subtitle may be cited as the ``Kleptocracy Asset Recovery
Rewards Act''.
SEC. 9702. SENSE OF CONGRESS.
It is the sense of Congress that a 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. 9703. DEPARTMENT OF THE TREASURY KLEPTOCRACY ASSET RECOVERY
REWARDS PILOT 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 Pilot 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 the Secretary of the Treasury, with the concurrence of the
Secretary of State and the Attorney General, and in consultation,
as appropriate, with the heads of such other departments and
agencies as the Secretary may find appropriate.
(b) Rewards Authorized.--The Secretary of the Treasury may, with
the concurrence of the Secretary of State and the Attorney General, and
in consultation, as appropriate, with the heads of other relevant
Federal departments and agencies, pay a reward to any 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) 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 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--
(1) identifying actions with respect to which rewards will be
offered;
(2) the receipt and analysis of data; and
(3) the payment of rewards and approval of such payments.
(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 2021; and
(B) for each fiscal year, any amount, not to exceed the
amount recovered during the fiscal year 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) Priority of payments.--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)(A); and
(B) second, from appropriated funds authorized under
paragraph (1)(B).
(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, with the
concurrence of the Secretary of State and the Attorney General.
(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, consistent with applicable law, 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 3 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.--The report issued under paragraph (1) shall not
include information related to ongoing investigations or
information related to closed investigations that would reveal
identities of individuals not charged with a criminal offense,
would reveal identities of investigative sources or methods, would
reveal identities of witnesses, would compromise subsequent
investigations, or the disclosure of which is otherwise prohibited
by law, the Federal Rules of Criminal Procedure, regulation, or
court order.
(h) Report on Disposition of Recovered Assets.--Within 360 days of
the enactment of this Act, the Secretary of the Treasury, with the
concurrence of the Secretary of State and the Attorney General, shall
issue a report to the appropriate committees of Congress describing
policy choices and recommendations for disposition of stolen assets
recovered pursuant to this section.
(i) Sunset of Pilot Program.--The authorities under this section,
as well as the program established pursuant to this section, shall
terminate three years after the date of the enactment of this Act.
(j) 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, the Committee
on Banking, Housing, and Urban Affairs of the Senate, the Committee
on the Judiciary of the House of Representatives, the Committee on
the Judiciary of the Senate, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign
Relations 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'' means corruption, as defined by the United
Nations Convention Against Corruption.
(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.
Subtitle B--Combating Russian Money Laundering
SEC. 9711. SHORT TITLE.
This subtitle may be cited as the ``Combating Russian Money
Laundering Act''.
SEC. 9712. 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. 9713. 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) such money laundering efforts could assist in the Russian
Government's ongoing political and economic influence and
destabilization operations, which in turn could affect 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. 9714. 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
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 within, or involving,
a jurisdiction outside of the United States is of primary money
laundering concern in connection with Russian illicit finance, the
Secretary of the Treasury may, by order, regulation, or otherwise as
permitted by law--
(1) 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; or
(2) prohibit, or impose conditions upon, certain transmittals
of funds (to be defined by the Secretary) by any domestic financial
institution or domestic financial agency, if such transmittal of
funds involves any such institution, class of transaction, or type
of account.
(b) Report Required.--
(1) In general.--Not later than 1 year 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 that
shall 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--
(A) identifying the beneficial ownership of anonymous
companies;
(B) 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;
(C) 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
(D) establishing a permanent solution to collecting
information nationwide to track ownership of real estate.
(2) 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) 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
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.
Subtitle C--Other Matters
SEC. 9721. 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. 9722. 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. 9723. ACCOUNTABILITY FOR WORLD BANK LOANS TO CHINA.
(a) United States Support for Graduation of China From World Bank
Assistance.--
(1) In general.--The United States Governor of the
International Bank for Reconstruction and Development (in this
section referred to as the ``IBRD'') shall instruct the United
States Executive Director at the IBRD that it is the policy of the
United States to--
(A) 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
(B) until the graduation of China from IBRD assistance,
prioritize projects in China that contribute to global public
goods, to the extent practicable.
(2) Sunset.--Paragraph (1) shall have no force or effect on or
after the earlier of--
(A) the date that is 7 years after the date of the
enactment of this Act; or
(B) 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 paragraph (1) is important to the
national interest of the United States, with a detailed
explanation of the reasons therefor.
(b) Accountability for World Bank Loans to the People's Republic of
China.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the United States Governor of the IBRD shall
submit the report described in paragraph (2) to the Committee on
Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Report described.--The report described in this paragraph
shall include the following:
(A) 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.
(B) 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.
(C) 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.
(D) 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.
(3) Waiver of requirement that report include action plan.--The
Secretary of the Treasury may waive the requirement of paragraph
(2)(D) 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.
(c) 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.
SEC. 9724. FAIRNESS FOR TAIWAN NATIONALS REGARDING EMPLOYMENT AT
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Sense of Congress.--It is the sense of 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.
(b) 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.
(c) Waiver Authority.--The Secretary of the Treasury may waive
subsection (b) 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 (b), and a summary of employment trends with respect to
Taiwan nationals at the international financial institutions.
(e) International Financial Institution Defined.--In this section,
the term ``international financial institutions'' has the meaning given
the term in section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2)).
(f) Sunset.--The preceding provisions of this section shall have no
force or effect beginning on 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 (b).
TITLE XCIX--CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR
AMERICA
Sec. 9901. Definitions.
Sec. 9902. Semiconductor incentives.
Sec. 9903. Department of Defense.
Sec. 9904. Department of Commerce study on status of microelectronics
technologies in the United States industrial base.
Sec. 9905. Funding for development and adoption of measurably secure
semiconductors and measurably secure semiconductors supply
chains.
Sec. 9906. Advanced microelectronics research and development.
Sec. 9907. Prohibition relating to foreign entities of concern.
Sec. 9908. Defense Production Act of 1950 efforts.
SEC. 9901. DEFINITIONS.
In this title:
(1) The term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Energy and Natural Resources, 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, the Committee on Homeland Security and Governmental
Affairs, and the Committee on Finance 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, the
Committee on Homeland Security, and the Committee on Ways and
Means 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 substantially
finance, construct, expand, or modernize a facility relating to
fabrication, assembly, testing, advanced packaging, or research and
development of semiconductors.
(3) The term ``covered incentive'':
(A) 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); and
(B) a workforce-related incentive (including a grant
agreement relating to workforce training or vocational
education), any concession with respect to real property,
funding for research and development with respect to
semiconductors, and any other incentive determined appropriate
by the Secretary, in consultation with the Secretary of State.
(4) The term ``person'' includes an individual, partnership,
association, corporation, organization, or any other combination of
individuals.
(5) The term ``foreign entity''--
(A) means--
(i) a government of a foreign country and a foreign
political party;
(ii) a natural person who is not a lawful permanent
resident of the United States, citizen of the United
States, or any other protected individual (as such term is
defined in section 274B(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324b(a)(3)); or
(iii) a partnership, association, corporation,
organization, or other combination of persons organized
under the laws of or having its principal place of business
in a foreign country; and
(B) includes--
(i) any person owned by, controlled by, or subject to
the jurisdiction or direction of a an entity listed in
subparagraph (A);
(ii) any person, wherever located, who acts as an
agent, representative, or employee of an entity listed in
subparagraph (A);
(iii) any person who acts in any other capacity at the
order, request, or under the direction or control, of an
entity listed in subparagraph (A), or of a person whose
activities are directly or indirectly supervised, directed,
controlled, financed, or subsidized in whole or in majority
part by an entity listed in subparagraph (A);
(iv) any person who directly or indirectly through any
contract, arrangement, understanding, relationship, or
otherwise, owns 25 percent or more of the equity interests
of an entity listed in subparagraph (A);
(v) any person with significant responsibility to
control, manage, or direct an entity listed in subparagraph
(A);
(vi) any person, wherever located, who is a citizen or
resident of a country controlled by an entity listed in
subparagraph (A); or
(vii) any corporation, partnership, association, or
other organization organized under the laws of a country
controlled by an entity listed in subparagraph (A).
(6) The term ``foreign entity of concern'' means any foreign
entity that is--
(A) designated as a foreign terrorist organization by the
Secretary of State under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189);
(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;
(C) owned by, controlled by, or subject to the jurisdiction
or direction of a government of a foreign country that is
listed in section 2533c of title 10, United States Code; or
(D) alleged by the Attorney General to have been involved
in activities for which a conviction was obtained under--
(i) chapter 37 of title 18, United States Code
(commonly known as the ``Espionage Act'') (18 U.S.C. 792 et
seq.);
(ii) section 951 or 1030 of title 18, United States
Code;
(iii) chapter 90 of title 18, United States Code
(commonly known as the ``Economic Espionage Act of 1996'');
(iv) the Arms Export Control Act (22 U.S.C. 2751 et
seq.);
(v) sections 224, 225, 226, 227, or 236 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274-2278; 2284);
(vi) the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.); or
(vii) the International Economic Emergency Powers Act
(50 U.S.C. 1701 et seq.); or
(E) determined by the Secretary, in consultation with the
Secretary of Defense and the Director of National Intelligence,
to be engaged in unauthorized conduct that is detrimental to
the national security or foreign policy of the United States
under this Act.
(7) The term ``governmental entity'' means a State or local
government.
(8) The term ``Secretary'' means the Secretary of Commerce.
(9) The term ``semiconductor'' has the meaning given that term
by the Secretary.
SEC. 9902. SEMICONDUCTOR INCENTIVES.
(a) Financial Assistance Program.--
(1) In general.--The Secretary shall establish in the
Department of Commerce a program that, in accordance with the
requirements of this section and subject to the availability of
appropriations for such purposes, provides Federal financial
assistance to covered entities to incentivize investment in
facilities and equipment in the United States for semiconductor
fabrication, assembly, testing, advanced packaging, or research and
development.
(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 financial assistance under this
section.
(B) Eligibility.--In order for a covered entity to qualify
for financial assistance 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 paragraph (1); 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; and
(IV) an executable plan to sustain the facility
described in clause (i) without additional Federal
financial assistance under this subsection for facility
support.
(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 not later than 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
financial assistance made under this subsection;
(II) the governmental entity offering the
applicable covered incentive has benefitted from
financial assistance previously provided under this
subsection;
(III) the covered entity has demonstrated that they
are responsive to the national security needs or
requirements established by the Intelligence Community
(or an agency thereof), the National Nuclear Security
Administration, or the Department of Defense; and
(IV) when practicable, a consortium that is
considered a covered entity includes 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; and
(iii) the Secretary may not approve an application if
the Secretary determines that the covered entity is a
foreign entity of concern.
(D) Records.--The Secretary may request records and
information from the applicant to review the status of a
covered entity. The applicant shall provide the records and
information requested by the Secretary.
(3) Amount.--
(A) In general.--The Secretary shall determine the
appropriate amount and funding type for each financial
assistance award made to a covered entity under this
subsection.
(B) Larger investment.--Federal investment in any
individual project shall not exceed $3,000,000,000 unless the
Secretary, in consultation with the Secretary of Defense and
the Director of National Intelligence, recommends to the
President, and the President certifies and reports to the
appropriate committees of Congress, that a larger investment is
necessary to--
(i) significantly increase the proportion of reliable
domestic supply of semiconductors relevant for national
security and economic competitiveness that can be met
through domestic production; and
(ii) meet the needs of national security.
(4) Use of funds.--A covered entity that receives a financial
assistance award under this subsection may only use the financial
assistance award amounts to--
(A) finance the construction, expansion, or modernization
of a facility or equipment to be used for semiconductors
described in paragraph (1), as documented in the application
submitted by the covered entity under paragraph (2)(B), 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 a facility described
in subparagraph (A);
(C) support site development and modernization for a
facility described in subparagraph (A); and
(D) pay reasonable costs related to the operating expenses
for a facility described in subparagraph (A), including
specialized workforce, essential materials, and complex
equipment maintenance, as determined by the Secretary.
(5) Clawback.--
(A) Target dates.--For all major awards to covered
entities, the Secretary shall--
(i) determine target dates by which a project shall
commence and complete; and
(ii) set these dates by the time of award.
(B) Progressive recovery for delays.--If the project does
not commence and complete by the set target dates in (A), the
Secretary shall progressively recover up to the full amount of
an award provided to a covered entity under this subsection.
(C) Technology clawback.--The Secretary shall recover the
full amount of an award provided to a covered entity under this
subsection if, during the applicable term with respect to the
award, the covered entity knowingly engages in any joint
research or technology licensing effort--
(i) with a foreign entity of concern; and
(ii) that relates to a technology or product that
raises national security concerns, as determined by the
Secretary and communicated to the covered entity before
engaging in such joint research or technology licensing.
(D) Waiver.--In the case of delayed projects, the Secretary
may waive elements of the clawback provisions incorporated in
each major award after--
(i) making a formal determination that circumstances
beyond the ability of the covered entity to foresee or
control are responsible for delays; and
(ii) submitting congressional notification.
(E) Congressional notification.--The Secretary shall notify
appropriate committees of Congress--
(i) of the clawback provisions attending each such
major award; and
(ii) of any waivers provided, not later than 15 days
after the date on which such a waiver was provided.
(b) Coordination Required.--In carrying out the program established
under subsection (a), the Secretary shall coordinate with the Secretary
of State, the Secretary of Defense, the Secretary of Homeland Security,
the Secretary of Energy, and the Director of National Intelligence.
(c) GAO Reviews.--The Comptroller General of the United States
shall--
(1) not later than 2 years after the date of disbursement of
the first financial award under subsection (a), and biennially
thereafter for 10 years, conduct a review of the program
established under subsection (a), which shall include, at a
minimum--
(A) a determination of the number of instances in which
financial assistance awards were provided under that subsection
during the period covered by the review;
(B) an evaluation of how--
(i) the program is being carried out, including how
recipients of financial assistance awards are being
selected under the program; and
(ii) other Federal programs are leveraged for
manufacturing, research, and training to complement the
financial assistance awards awarded under the program; and
(C) a description of the outcomes of projects supported by
awards made under the program, including a description of--
(i) facilities described in subsection (a)(1) that were
constructed, expanded, or modernized as a result of awards
made under the program;
(ii) research and development carried out with awards
made under the program;
(iii) workforce training programs carried out with
awards made under the program, including efforts to hire
individuals from disadvantaged populations; and
(iv) the impact of projects on the United States share
of global microelectronics production; and
(2) submit to the appropriate committees of Congress the
results of each review conducted under paragraph (1).
SEC. 9903. DEPARTMENT OF DEFENSE.
(a) Department of Defense Efforts.--
(1) In general.--Subject to the availability of appropriations
for such purposes, the Secretary of Defense, in consultation with
the Secretary of Commerce, the Secretary of Energy, the Secretary
of Homeland Security, and the Director of National Intelligence,
shall establish a public-private partnership through which the
Secretary shall work to incentivize the formation of one or more
consortia of companies (or other such partnerships of private-
sector entities, as appropriate) to ensure the development and
production of measurably secure microelectronics, including
integrated circuits, logic devices, memory, and the packaging and
testing practices that support these microelectronic components by
the Department of Defense, the intelligence community, critical
infrastructure sectors, and other national security applications.
Such incentives may include the use of grants under section 9902,
and providing incentives for the creation, expansion, or
modernization of one or more commercially competitive and
sustainable microelectronics manufacturing or advanced research and
development facilities in the United States.
(2) Risk mitigation requirements.--A participant in a
consortium formed with incentives under paragraph (1)--
(A) shall have the potential to enable design, perform
fabrication, assembly, package, or test functions for
microelectronics deemed critical to national security as
defined by the National Security Advisor and the Secretary of
Defense;
(B) may be a fabless company migrating its designs to the
facility envisioned in paragraph (1) or migrating to an
existing facility onshore;
(C) may be companies, including fabless companies and
companies that procure large quantities of microelectronics,
willing to co-invest to achieve the objectives set forth in
paragraph (1);
(D) shall include management processes to identify and
mitigate supply chain security risks; and
(E) shall be capable of providing microelectronic
components that are 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 each consortium and or partnership formed with incentives under
paragraph (1). In selecting such participants, the Secretary and
the Director may jointly consider whether the 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 microelectronics projects, as
administered by the Department of Defense;
(iii) the Electronics Resurgence Initiative program of
the Defense Advanced Research Projects Agency; or
(iv) relevant semiconductor research programs of the
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 beneficial owners are located outside the United States;
and
(D) are evaluated periodically for foreign ownership,
control, or influence by a foreign entity 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) Implementation.--Subject to the availability of
appropriations for such purposes, the Secretary of Defense--
(A) 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; and
(B) may carry out paragraph (1) in collaboration with any
such other component of the Department of Defense as the
Secretary of Defense considers appropriate.
(6) Other initiatives.--
(A) Required initiatives.--Subject to the availability of
appropriations for such purposes, the Secretary of Defense, in
consultation with the Secretary of Energy and the Administrator
of the National Nuclear Security Administration, as
appropriate, may dedicate initiatives within the Department of
Defense to carry out activities to advance radio frequency,
mixed signal, radiation tolerant, and radiation hardened
microelectronics that support national security and dual-use
applications.
(B) Support plan required.--The Secretary of Defense, in
consultation with the heads of appropriate departments and
agencies of the Federal Government, shall develop a plan,
including assessment of resource requirements and designation
of responsible officials, for the maintenance of capabilities
to produce trusted and assured microelectronics to support
current and legacy defense systems, other government systems
essential for national security, and critical infrastructure of
the United States, especially for items with otherwise limited
commercial demand.
(C) Assessment of public private partnerships and
activities.--In conjunction with the activities carried out
under this section, the Secretary of Defense shall enter into
an agreement with the National Academies of Science,
Engineering, and Medicine to undertake a study to make
recommendations and provide policy options for optimal public-
private partnerships and partnership activities, including an
analysis of establishing a semiconductor manufacturing
corporation to leverage private sector technical, managerial,
and investment expertise, and private capital, as well as an
assessment of and response to the industrial policies of other
nations to support industries in similar critical technology
sectors, and deliver such study to the congressional defense
committees not later than October 1, 2022.
(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 paragraphs (1) and (6).
(B) Biennial reports by comptroller general of the united
states.--Not later than one year after the date on which the
Secretary submits the report required by subparagraph (A) and
not less frequently than once every two 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.
(b) National Network for Microelectronics Research and
Development.--
(1) In general.--Subject to the availability of appropriations
for such purposes, the Secretary of Defense may establish a
national network for microelectronics research and development--
(A) to enable the laboratory to fabrication transition of
microelectronics innovations in the United States; and
(B) to expand the global leadership in microelectronics of
the United States.
(2) Activities.--The national network for microelectronics
research and development shall--
(A) enable cost effective exploration of new materials,
devices, and architectures, and prototyping in domestic
facilities to safeguard domestic intellectual property;
(B) accelerate the transition of new technologies to
domestic microelectronics manufacturers; and
(C) conduct other relevant activities deemed necessary by
the Secretary of Defense for accomplishing the purposes of the
national network for microelectronics research and development.
SEC. 9904. DEPARTMENT OF COMMERCE STUDY ON STATUS OF MICROELECTRONICS
TECHNOLOGIES IN THE UNITED STATES INDUSTRIAL BASE.
(a) In General.--Beginning not later than 180 days after the date
of the enactment of this Act, the Secretary, in consultation with the
heads of other Federal departments and agencies, as appropriate,
including the Secretary of Defense, Secretary of Homeland Security, and
the Secretary of Energy, shall undertake a review, which shall include
a survey, using authorities in section 705 of the Defense Production
Act of 1950 (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 bases of
foreign countries with respect to the manufacture, design, and end use
of microelectronics.
(b) Response to Survey.--To the extent authorized by section 705 of
the Defense Production Act of 1950 (50 U.S.C. 4555) and section 702 of
title 15, Code of Federal Regulations, the Secretary shall ensure all
relevant potential respondents reply to the survey, 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 with a physical presence of any kind in the United
States.
(3) Foreign domiciled corporations, partnerships, associations,
or any other organized groups with a physical presence of any kind
in the United States.
(c) Information Requested.--To the extent authorized by section 705
of the Defense Production Act of 1950 (50 U.S.C. 4555) and section 702
of title 15, Code of Federal Regulations, the information sought from a
responding entity specified in subsection (b) shall include, at
minimum, information on the following with respect to the manufacture,
design, or end use of microelectronics by such entity:
(1) An identification of the geographic scope of operations.
(2) Information on relevant cost structures.
(3) An identification of types of microelectronics development,
manufacture, assembly, test, and packaging equipment in operation
at such an entity.
(4) An identification of all relevant intellectual property,
raw materials, and semi-finished goods and components sourced
domestically and abroad by such an entity.
(5) Specifications of the microelectronics manufactured or
designed by such an entity, descriptions of the end-uses of such
microelectronics, and a description of any technical support
provided to end-users of such microelectronics by such an entity.
(6) Information on domestic and export market sales by such an
entity.
(7) Information on the financial performance, including income
and expenditures, of such an entity.
(8) A list of all foreign and domestic subsidies, and any other
financial incentives, received by such an entity in each market in
which such entity operates.
(9) A list of regulatory or other informational requests about
the respondents' operations, sales, or other proprietary
information by the People's Republic of China entities under its
direction or officials of the Chinese Communist Party, a
description of the nature of each request, and the type of
information provided.
(10) Information on any joint ventures, technology licensing
agreements, and cooperative research or production arrangements of
such an entity.
(11) A description of efforts by such an entity to evaluate and
control supply chain risks.
(12) A list and description of any sales, licensing agreements,
or partnerships between such an 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 shall, in consultation with the
heads of other appropriate Federal departments and agencies, as
appropriate, including the Secretary of Defense, Secretary of
Homeland Security, and Secretary of Energy, 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 review.
(B) A list of critical technology areas impacted by
potential disruptions in production of microelectronics, 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 microelectronics supply chain and the
national industrial supply base.
(2) Form.--The report required by paragraph (1) may be
submitted in classified form.
SEC. 9905. FUNDING FOR DEVELOPMENT AND ADOPTION OF MEASURABLY SECURE
SEMICONDUCTORS AND MEASURABLY SECURE SEMICONDUCTORS SUPPLY CHAINS.
(a) Multilateral Semiconductors Security Fund.--
(1) Establishment of fund.--The Secretary of the Treasury is
authorized to establish a trust fund, to be known as the
``Multilateral Semiconductors Security Fund'' (in this section
referred to as the ``Fund''), consisting of any appropriated funds
credited to the Fund for such purpose.
(2) Reporting requirement.--If the Fund authorized under
subsection (a)(1) is not established, 180 days after the date of
the enactment of this Act and annually thereafter until such Fund
is established, the Secretary of the Treasury, in coordination with
the Secretary of State, shall provide, in writing, to the
appropriate committees of Congress a rationale for not establishing
the Fund.
(3) Investment of amounts.--
(A) Investment of amounts.--If the Fund authorized under
subsection (a)(1) is established, the Secretary of the Treasury
shall invest such portion of the Fund as is not required to
meet current withdrawals in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal
and interest by the United States.
(B) Interest and proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Fund shall be credited to and form a part of the Fund.
(4) Use of fund.--
(A) In general.--Subject to subparagraph (B), amounts in
the Fund shall be available, as provided in advance in an
appropriations Act, to the Secretary of State--
(i) to provide funding through the common funding
mechanism described in subsection (b)(1) to support the
development and adoption of measurably secure
semiconductors and measurably secure semiconductors supply
chains; and
(ii) to otherwise carry out this section.
(B) Availability contingent on international arrangement or
agreement.--
(i) In general.--Amounts in the Fund shall be available
to the Secretary of State, subject to appropriation, on and
after the date on which the Secretary of State enters into
an arrangement or agreement with the governments of
countries that are partners of the United States to
participate in the common funding mechanism under paragraph
(1) of subsection (b).
(ii) Consultation.--Before entering into an arrangement
or agreement as described clause (i), the Secretary of
State, in consultation with the Secretary of Commerce,
shall ensure any partner government maintains export
control licensing policies on semiconductor technology
substantively equivalent to the United States with respect
to restrictions on such exports to the People's Republic of
China.
(b) Common Funding Mechanism for Development and Adoption of
Measurably Secure Semiconductors and Measurably Secure Semiconductors
Supply Chains.--
(1) In general.--The Secretary of State, in consultation with
the Secretary of Commerce, the Secretary of Defense, the Secretary
of Homeland Security, the Secretary of the Treasury, the Secretary
of Energy, and the Director of National Intelligence, is authorized
to establish a common funding mechanism, in coordination with
foreign partners, that uses amounts from the Fund to support the
development and adoption of secure semiconductors and secure
semiconductors supply chains, including for use in research and
development collaborations among partner countries participating in
the common funding mechanism. In establishing and sustaining a
common funding mechanism, the Secretary of State should leverage
United States funding in order to secure contributions and
commitments from trusted foreign partners, including cost sharing
and other cooperative measures leading to the development and
adoption of secure semiconductors and secure microelectronic supply
chains.
(2) Commitments.--In creating and sustaining a common funding
mechanism described in paragraph (1), the Secretary of State should
promote efforts among foreign partners to--
(A) establish transparency requirements for any subsidies
or other financial benefits (including revenue foregone)
provided to semiconductors firms located in or outside such
countries;
(B) 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 (A);
(C) promote harmonized treatment of semiconductors and
verification processes for items being exported to a country
considered a national security risk by a country participating
in the common funding mechanism;
(D) establish consistent policies and common external
policies to address nonmarket economies as the behavior of such
countries pertains to semiconductors;
(E) align policies on supply chain integrity and
semiconductors security, including with respect to protection
and enforcement of intellectual property rights; and
(F) promote harmonized foreign direct investment screening
measures and export control policies with respect to
semiconductors to align with national, multilateral, and
plurilateral security priorities.
(c) Annual Report to Congress.--Not later than one 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)(4), the Secretary of State shall submit to the
appropriate committees of Congress a report on the status of the
implementation of this section that includes a description of--
(1) any commitments made by the governments of countries that
have entered into an arrangement or agreement with the United
States to provide funding for the common funding mechanism
described in subsection (b)(1) and the specific amount so committed
and other cooperative measures being taken by such countries as
part of the common funding mechanism;
(2) the criteria established for expenditure of funds through
the common funding mechanism;
(3) how, and to whom, amounts have been expended from the Fund
and a description of progress made utilizing the Fund to support
the objectives described in subsection (b)(1);
(4) amounts remaining in the Fund;
(5) the progress of the Secretary of State toward entering into
an arrangement or 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
(6) any additional authorities needed to enhance the
effectiveness of the Fund in achieving the security goals of the
United States.
(d) Notifications to Be Provided by the Fund.--
(1) In general.--Not later than 15 days prior to the Fund
making a financial commitment associated with the provision of
expenditures under subsection (a)(4)(A) in an amount in excess of
$1,000,000, the Secretary of State shall submit to the appropriate
committees of Congress report in writing that contains the
information required by paragraph (2).
(2) Information required.--The information required by this
subsection includes--
(A) the amount of each such expenditure;
(B) an identification of the recipient or beneficiary; and
(C) a description of the project or activity and the
purpose to be achieved by an expenditure of the Fund.
(3) Arrangements or agreements.--The Secretary of State shall
notify the appropriate committees of Congress not later than 30
days after entering into a new bilateral or multilateral
arrangement or agreement described in subsection (a)(4)(B).
SEC. 9906. ADVANCED MICROELECTRONICS RESEARCH AND DEVELOPMENT.
(a) Subcommittee on Microelectronics Leadership.--
(1) Establishment required.--The President shall establish in
the National Science and Technology Council a subcommittee on
matters relating to leadership and competitiveness of the United
States in microelectronics technology and innovation (in this
section referred to as the ``Subcommittee)''.
(2) Membership.--The Subcommittee 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 Secretary of Commerce.
(E) The Secretary of State.
(F) The Secretary of Homeland Security.
(G) The United States Trade Representative.
(H) The Director of National Intelligence.
(I) The heads of such other departments and agencies of the
Federal Government as the President determines appropriate.
(3) Duties.--The duties of the Subcommittee are as follows:
(A) National strategy on microelectronics research.--
(i) In general.--In consultation with the advisory
committee established in (b), and other appropriate
stakeholders in the microelectronics industry and academia,
the Subcommittee shall develop a national strategy on
microelectronics research, development, manufacturing, and
supply chain security to--
(I) accelerate the domestic development and
production of microelectronics and strengthen the
domestic microelectronics workforce; and
(II) ensure that the United States is a global
leader in the field of microelectronics research and
development.
(ii) Elements.--The strategy developed under this
subparagraph shall address--
(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) priorities for research and development to
accelerate the advancement and adoption of innovative
microelectronics and new uses of microelectronics and
components;
(III) the role of diplomacy and trade in
maintaining the position of the United States as a
global leader in the field of microelectronics;
(IV) the potential role of a Federal laboratory,
center, or incubator exclusively focused on the
research and development of microelectronics, as
described in section 231(b)(15) of the National Defense
Authorization Act for Fiscal Year 2017 (as added by
section 276 of this Act) in carrying out the strategy
and plan required under this subparagraph; and
(V) such other activities as the Subcommittee
determines may be appropriate to overcome future
challenges to the innovation, competitiveness, and
supply chain integrity of the United States in the
field of microelectronics.
(B) Fostering coordination of research and development.--
The Subcommittee shall coordinate microelectronics related
research, development, manufacturing, and supply chain security
activities and budgets of Federal agencies and ensure such
activities are consistent with the strategy required under
subparagraph (A).
(C) Reporting and updates.--
(i) Progress briefing.--Not later than one year after
the date of the enactment of this Act, the President shall
provide to the appropriate committees of Congress a
briefing on the progress of the Subcommittee in developing
the strategy required under subparagraph (A).
(ii) Strategy update.--Not less frequently than once
every 5 years, the Subcommittee shall update the strategy
developed under subparagraph (A) and submit the revised
strategy to the appropriate committees of Congress.
(4) Sunset.--The Subcommittee shall terminate on the date that
is 10 years after the date of the enactment of this Act.
(b) Industrial Advisory Committee.--
(1) Establishment.--The Secretary of Commerce, in consultation
with the Secretary of Defense, the Secretary of Energy, and the
Secretary of Homeland Security, shall establish an advisory
committee to be composed of not fewer than 12 members, including
representatives of industry, federal laboratories, and academic
institutions, who are qualified to provide advice to the United
States Government on matters relating to microelectronics research,
development, manufacturing, and policy.
(2) Duties.--The advisory committee shall assess and provide
guidance to the United States Government on--
(A) science and technology needs of the nation's domestic
microelectronics industry;
(B) the extent to which the strategy developed under
subsection (a)(3) is helping maintain United States leadership
in microelectronics manufacturing;
(C) assessment of the research and development programs and
activities authorized under this section; and
(D) opportunities for new public-private partnerships to
advance microelectronics research, development, and domestic
manufacturing.
(3) FACA exemption.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the advisory
committee established under this subsection.
(c) National Semiconductor Technology Center.--
(1) Establishment.--Subject to the availability of
appropriations for such purpose, the Secretary of Commerce, in
collaboration with the Secretary of Defense, 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.
Such center shall be operated as a public private-sector consortium
with participation from the private sector, the Department of
Energy, and the National Science Foundation.
(2) Functions.--The functions of the center established under
paragraph (1) shall be as follows:
(A) To conduct advanced semiconductor manufacturing, design
and packaging research, and prototyping that strengthens the
entire domestic ecosystem and is aligned with the strategy
required under subsection (a)(3)(A) with emphasis on the
following:
(i) Semiconductor advanced test, assembly, and
packaging capability in the domestic ecosystem.
(ii) Materials characterization, instrumentation and
testing for next generation microelectronics.
(iii) Virtualization and automation of maintenance of
semiconductor machinery.
(iv) Metrology for security and supply chain
verification.
(B) To establish an investment fund, in partnership with
the private sector, to support startups and collaborations
between startups, academia, established companies, and new
ventures, with the goal of commercializing innovations that
contribute to the domestic semiconductor ecosystem, including--
(i) advanced metrology and characterization for
manufacturing of microchips using 3 nanometer transistor
processes or more advanced processes; and
(ii) metrology for security and supply chain
verification.
(C) To work with the Secretary of Labor, the Director of
the National Science Foundation, the Secretary of Energy, the
private sector, institutions of higher education, and workforce
training entities to incentivize and expand participation in
graduate and undergraduate programs, and develop workforce
training programs and apprenticeships, in advanced
microelectronic design, research, fabrication, and packaging
capabilities.
(d) National Advanced Packaging Manufacturing Program.--Subject to
the availability of appropriations for such purpose, the Secretary of
Commerce shall establish a National Advanced Packaging Manufacturing
Program led by the Director of the National Institute of Standards and
Technology, in coordination with the national semiconductor technology
center established under subsection (c), to strengthen semiconductor
advanced test, assembly, and packaging capability in the domestic
ecosystem, and which shall coordinate with the Manufacturing USA
institute established under subsection (f), if applicable.
(e) Microelectronics Research at the National Institute of
Standards and Technology.--Subject to the availability of
appropriations for such purpose, the Director of the National Institute
of Standards and Technology shall carry out a microelectronics research
program 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 microelectronics and
ensure the competitiveness and leadership of the United States within
this sector.
(f) Creation of a Manufacturing USA Institute.--Subject to the
availability of appropriations for such purpose, the Director of the
National Institute of Standards and Technology may establish 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:
(1) Research to support the virtualization and automation of
maintenance of semiconductor machinery.
(2) Development of new advanced test, assembly and packaging
capabilities.
(3) 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.
(g) 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 microelectronics research and
development conducted as a result of such funding and domestic control
requirements to protect any such intellectual property from foreign
adversaries.
SEC. 9907. PROHIBITION RELATING TO FOREIGN ENTITIES OF CONCERN.
None of the funds authorized to be appropriated to carry out this
subtitle may be provided to a foreign entity of concern.
SEC. 9908. DEFENSE PRODUCTION ACT OF 1950 EFFORTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to Congress a report
on a plan of action 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
microelectronics technologies and related technologies, subject to--
(1) the availability of appropriations for that purpose; and
(2) a determination made under the plan pursuant to such title
III that such technologies are essential to the national defense
and that domestic industrial capabilities are insufficient to meet
these needs.
(b) Coordination.--The President shall develop the plan of action
required by subsection (a) in consultation with any relevant head of a
Federal agency, an advisory committee established under section 708(d)
of the Defense Production Act of 1950 (50 U.S.C. 4558(d)), and
appropriate stakeholders in the private sector.
TITLE C--OTHER MATTERS
Sec. 10001. AMBER Alert nationwide.
Sec. 10002. Improving authority for operation of unmanned aircraft for
educational purposes.
Sec. 10003. Prohibition on provision of airport improvement grant funds
to certain entities that have violated intellectual property
rights of United States entities.
Sec. 10004. Study and report on the affordability of insulin.
Sec. 10005. Waiver authority with respect to institutions located in an
area affected by Hurricane Maria.
Sec. 10006. Farm and ranch mental health.
SEC. 10001. AMBER ALERT NATIONWIDE.
(a) 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''.
(b) AMBER Alerts Along Major Transportation Routes.--
(1) In general.--Section 303 of the PROTECT Act (34 U.S.C.
20503) is amended--
(A) in the section heading, by inserting ``and major
transportation routes'' after ``along highways'';
(B) in subsection (a)--
(i) by inserting ``(referred to in this section as the
`Secretary')'' after ``Secretary of Transportation''; and
(ii) by inserting ``and at airports, maritime ports,
border crossing areas and checkpoints, and ports of exit
from the United States'' after ``along highways'';
(C) in subsection (b)--
(i) 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
(ii) 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'';
(D) 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'';
(E) 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.'';
(F) in subsection (g)--
(i) by striking ``In this section'' and inserting ``In
this subtitle''; and
(ii) 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
(G) in subsection (h), by striking ``fiscal year 2004'' and
inserting ``each of fiscal years 2019 through 2023''.
(2) 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.''.
(c) 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.
(d) Government Accountability Office Report.--
(1) In general.--Not later than 5 years after the date of the
enactment of this Act, the Comptroller General shall conduct a
study assessing--
(A) the implementation of the amendments made by this Act;
(B) any challenges related to integrating the territories
of the United States into the AMBER Alert system;
(C) the readiness, educational, technological, and training
needs of territorial law enforcement agencies in responding to
cases involving missing, abducted, or exploited children; and
(D) any other related matters the Attorney General or the
Secretary of Transportation determines appropriate.
(2) Report required.--The Comptroller General shall submit a
report on the findings of the study required under paragraph (1)
to--
(A) the Committee on the Judiciary and the Committee on
Environment and Public Works of the Senate;
(B) the Committee on the Judiciary and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(C) 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.
(3) Public availability.--The Comptroller General shall make
the report required under paragraph (2) available on a public
Government website.
(4) Obtaining official data.--
(A) In general.--The Comptroller General may secure
information necessary to conduct the study under paragraph (1)
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.
(B) Agency records.--Notwithstanding subparagraph (A),
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.
(C) 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.
SEC. 10002. IMPROVING AUTHORITY FOR OPERATION OF UNMANNED AIRCRAFT FOR
EDUCATIONAL PURPOSES.
Section 350 of the FAA Reauthorization Act of 2018 (Public Law 115-
254; 49 U.S.C. 44809 note) is amended--
(1) in the section heading, by striking ``at institutions of
higher education'' and inserting ``for educational purposes''; and
(2) in subsection (a)--
(A) by striking ``aircraft system operated by'' and all
that follows and inserting ``aircraft system--''; and
(B) by adding at the end the following new paragraphs:
``(1) operated by an institution of higher education for
educational or research purposes;
``(2) flown as part of an established Junior Reserve Officers'
Training Corps (JROTC) program for education or research purposes;
or
``(3) flown as part of an educational program that is chartered
by a recognized community-based organization (as defined in
subsection (h) of such section).''.
SEC. 10003. PROHIBITION ON PROVISION OF AIRPORT IMPROVEMENT GRANT FUNDS
TO CERTAIN ENTITIES THAT HAVE VIOLATED INTELLECTUAL PROPERTY RIGHTS OF
UNITED STATES ENTITIES.
(a) In General.--During the period beginning on the date that is 30
days after the date of the enactment of this Act and ending on
September 30, 2023, amounts provided as project grants under subchapter
I of chapter 471 of title 49, United States Code, may not be used to
enter into a contract described in subsection (b) with any entity on
the list required by subsection (c).
(b) Contract Described.--A contract described in this subsection is
a contract or other agreement for the procurement of infrastructure or
equipment for a passenger boarding bridge at an airport.
(c) List Required.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, and thereafter as required by paragraph (2),
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 making infrastructure or equipment for a
passenger boarding bridge at an airport that--
(A) are owned, directed, or subsidized by the People's
Republic of China; and
(B) 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
(C) own or control are owned or controlled by, are under
common ownership or control with, or are successors to, an
entity described in subparagraph (A).
(2) Updates to list.--The Administrator shall update the list
required by paragraph (1), based on information provided by the
Trade Representative and the Attorney General--
(A) not less frequently than every 90 days during the 180-
day period following the initial publication of the list under
paragraph (1); and
(B) not less frequently than annually thereafter until
September 30, 2023.
(d) Definitions.--In this section, the definitions in section 47102
of title 49, United States Code, shall apply.
SEC. 10004. STUDY AND REPORT ON THE AFFORDABILITY OF INSULIN.
The Secretary of Health and Human Services, acting through the
Assistant Secretary for Planning and Evaluation, shall--
(1) conduct a study that examines, for each type or
classification of diabetes (including type 1 diabetes, type 2
diabetes, gestational diabetes, and other conditions causing
reliance on insulin), the effect of the affordability of insulin
on--
(A) adherence to insulin prescriptions;
(B) rates of diabetic ketoacidosis;
(C) downstream impacts of insulin adherence, including
rates of dialysis treatment and end-stage renal disease;
(D) spending by Federal health programs on acute episodes
that could have been averted by adhering to an insulin
prescription; and
(E) other factors, as appropriate, to understand the
impacts of insulin affordability on health outcomes, Federal
Government spending (including under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
and the Medicaid program under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.)), and insured and uninsured
individuals with diabetes; and
(2) not later than 2 years after the date of enactment of this
Act, submit to Congress a report on the study conducted under
paragraph (1).
SEC. 10005. 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 may, for each of the fiscal years 2021
through 2025--
(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)); and
(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 2021
or for any of the four succeeding fiscal years, as necessary.
(b) Definitions.--In this section:
(1) 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) 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) 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. 10006. FARM AND RANCH MENTAL HEALTH.
(a) Public Service Announcement Campaign to Address Farm and Ranch
Mental Health.--
(1) 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.
(2) Requirements.--The public service announcement campaign
under paragraph (1) shall include television, radio, print,
outdoor, and digital public service announcements.
(3) Contractor.--
(A) 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 paragraph
(1).
(B) Requirement.--In awarding a contract under subparagraph
(A), the Secretary of Agriculture shall use a competitive
bidding process.
(4) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture to carry out this
subsection $3,000,000, to remain available until expended.
(b) Employee Training Program to Manage Farmer and Rancher
Stress.--
(1) In general.--Not later than 180 days after the date of
enactment of this subsection, the Secretary of Agriculture shall
expand the pilot program carried out by the Secretary of
Agriculture 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.
(2) Report.--Not less frequently than once every 2 years, the
Secretary of Agriculture 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 subsection.
(c) Task Force for Assessment of Causes of Mental Stress and Best
Practices for Response.--
(1) In general.--The Secretary of Agriculture shall convene a
task force of agricultural and rural stakeholders at the national,
State, and local levels--
(A) to assess the causes of mental stress in farmers and
ranchers; and
(B) to identify best practices for responding to that
mental stress.
(2) Submission of report.--Not later than 1 year after the date
of enactment of this subsection, the task force convened under
paragraph (1) shall submit to the Secretary of Agriculture a report
containing the assessment and best practices under subparagraphs
(A) and (B), respectively, of paragraph (1).
(3) Collaboration.--In carrying out this subsection, the task
force convened under paragraph (1) shall collaborate with
nongovernmental organizations and State and local agencies.
(d) Cessation of Authorities.--Any authorities provided under this
section shall cease to be in effect on October 1, 2023.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.