Congressional Record, Volume 166 Issue 204 (Thursday, December 3, 2020)

[Congressional Record Volume 166, Number 204 (Thursday, December 3, 2020)]
[House]
[Pages H6145-H6816]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONFERENCE REPORT AND EXPLANATORY MATERIAL STATEMENT ON H.R. 6395,
WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2021, SUBMITTED BY MR. SMITH OF WASHINGTON, CHAIRMAN OF THE
HOUSE COMMITTEE ON ARMED SERVICES

Conference Report (H. Rept. 116-617)

The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
6395), 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,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:

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.

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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.

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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.

[[Page H6148]]

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

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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

[[Page H6150]]

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

[[Page H6151]]

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.

[[Page H6152]]

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

[[Page H6153]]

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.

[[Page H6154]]

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.

[[Page H6155]]

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.

[[Page H6156]]

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.

[[Page H6157]]

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.

[[Page H6158]]

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

[[Page H6159]]

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

Subtitle C--Navy Programs

Subtitle D--Air Force Programs

[[Page H6160]]

Subtitle E--Defense-wide, Joint, and Multiservice Matters

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.

[[Page H6161]]

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.

[[Page H6162]]

(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

[[Page H6163]]

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.

[[Page H6164]]

``(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

[[Page H6165]]

(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

[[Page H6166]]

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.

[[Page H6167]]

(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

[[Page H6168]]

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

Subtitle C--Artificial Intelligence and Emerging Technology

Subtitle D--Education and Workforce Development

Subtitle E--Sustainable Chemistry

Subtitle F--Plans, Reports, and Other Matters

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.--

[[Page H6169]]

(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.''.

[[Page H6170]]

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

[[Page H6171]]

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

[[Page H6172]]

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.

[[Page H6173]]

(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;

[[Page H6174]]

(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.

[[Page H6175]]

(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.

[[Page H6176]]

(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

[[Page H6177]]

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.--

[[Page H6178]]

(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;

[[Page H6179]]

(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

[[Page H6180]]

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

[[Page H6181]]

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).

[[Page H6182]]

(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.--

[[Page H6183]]

(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

Subtitle C--Logistics and Sustainment

Subtitle D--Munitions Safety and Oversight

Subtitle E--Other Matters

[[Page H6184]]

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

[[Page H6185]]

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:

[[Page H6186]]

``(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.

[[Page H6187]]

(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.

[[Page H6188]]

(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;

[[Page H6189]]

(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

[[Page H6190]]

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;

[[Page H6191]]

(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

[[Page H6192]]

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.

[[Page H6193]]

(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

[[Page H6194]]

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

[[Page H6195]]

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

Subtitle B--Reserve Forces

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

[[Page H6196]]

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

Subtitle B--Reserve Component Management

Subtitle C--General Service Authorities and Correction of Military
Records

Subtitle D--Prevention and Response To Sexual Assault, Harassment, and
Related Misconduct

Subtitle E--Military Justice and Other Legal Matters

[[Page H6197]]

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

Subtitle G--Decorations and Awards

Subtitle H--Member Education, Training, Transition, and Resilience

Subtitle I--Military Family Readiness and Dependents' Education

Subtitle J--Other Matters and Reports

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

[[Page H6198]]

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

[[Page H6199]]

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.

[[Page H6200]]

``(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'';

[[Page H6201]]

(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--

[[Page H6202]]

``(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

[[Page H6203]]

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

[[Page H6204]]

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

[[Page H6205]]

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

[[Page H6206]]

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;

[[Page H6207]]

(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

[[Page H6208]]

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

[[Page H6209]]

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--

[[Page H6210]]

(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

[[Page H6211]]

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

[[Page H6212]]

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

[[Page H6213]]

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.

[[Page H6214]]

(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

[[Page H6215]]

(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.

[[Page H6216]]

(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

[[Page H6217]]

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

[[Page H6218]]

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

SECTION 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.

[[Page H6219]]

``(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,

[[Page H6220]]

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.

[[Page H6221]]

(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

[[Page H6222]]

(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.

[[Page H6223]]

(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)

[[Page H6224]]

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

[[Page H6225]]

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

[[Page H6226]]

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

Subtitle B--Bonuses and Special Incentive Pays

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

Subtitle E--Other Personnel Rights and Benefits

Subtitle A--Pay and Allowances

SEC. 601. INCREASE IN BASIC PAY.

Effective on January 1, 2021, the rates of monthly basic
pay for members of the uniformed services are increased by
3.0 percent.

SEC. 602. 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

[[Page H6227]]

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,

[[Page H6228]]

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.

[[Page H6229]]

(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.--

[[Page H6230]]

``(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

Subtitle B--Health Care Administration

Subtitle C--Matters Relating to COVID-19

Subtitle D--Reports and Other Matters

Subtitle E--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components

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

[[Page H6231]]

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

[[Page H6232]]

(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

[[Page H6233]]

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).

[[Page H6234]]

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

[[Page H6235]]

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

[[Page H6236]]

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

[[Page H6237]]

(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--

[[Page H6238]]

(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.--

[[Page H6239]]

(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.

[[Page H6240]]

(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'';

[[Page H6241]]

(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

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

Subtitle D--Industrial Base Matters

[[Page H6242]]

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

Subtitle F--Other Matters

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:

[[Page H6243]]

``(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--

[[Page H6244]]

(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;

[[Page H6245]]

(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

[[Page H6246]]

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.--

[[Page H6247]]

(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.--

[[Page H6248]]

(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.

[[Page H6249]]

(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

[[Page H6250]]

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.

[[Page H6251]]

``(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);

[[Page H6252]]

(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.

[[Page H6253]]

(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).

[[Page H6254]]

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.--

[[Page H6255]]

(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

[[Page H6256]]

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.''.

[[Page H6257]]

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.''.

[[Page H6258]]

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

Subtitle B--Other Department of Defense Organization and Management
Matters

[[Page H6259]]

Subtitle C--Space Force Matters

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

[[Page H6260]]

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

[[Page H6261]]

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

[[Page H6262]]

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''.

[[Page H6263]]

(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.--

[[Page H6264]]

(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'';

[[Page H6265]]

(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

[[Page H6266]]

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''.

[[Page H6267]]

(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''.

[[Page H6268]]

(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

[[Page H6269]]

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

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

Subtitle E--Miscellaneous Authorities and Limitations

Subtitle F--Studies and Reports

Subtitle G--Other 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--

[[Page H6270]]

(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)--

[[Page H6271]]

(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,

[[Page H6272]]

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''.

[[Page H6273]]

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.

[[Page H6274]]

``(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.--

[[Page H6275]]

``(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

[[Page H6276]]

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

[[Page H6277]]

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

[[Page H6278]]

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

[[Page H6279]]

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 Se2375.''.....

(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''.

[[Page H6280]]

(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.

[[Page H6281]]

(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,

[[Page H6282]]

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

Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020

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''.

[[Page H6283]]

(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

[[Page H6284]]

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

[[Page H6285]]

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,

[[Page H6286]]

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

[[Page H6287]]

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.

[[Page H6288]]

``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

Subtitle A--Assistance and Training

Subtitle B--Matters Relating to Afghanistan and Pakistan

Subtitle C--Matters Relating to Syria, Iraq, and Iran

Subtitle D--Matters Relating to Russia

Subtitle E--Matters Relating to Europe and NATO

Subtitle F--Matters Relating to the Indo-Pacific Region

Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020

[[Page H6289]]

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

Subtitle J--Matters Relating to Africa and the Middle East

Subtitle K--Other Matters

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:

[[Page H6290]]

``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

[[Page H6291]]

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

[[Page H6292]]

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;

[[Page H6293]]

(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

[[Page H6294]]

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

[[Page H6295]]

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.

[[Page H6296]]

(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--

[[Page H6297]]

(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

[[Page H6298]]

(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)

[[Page H6299]]

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.

[[Page H6300]]

(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;

[[Page H6301]]

(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.

[[Page H6302]]

(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;

[[Page H6303]]

(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;

[[Page H6304]]

(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--

[[Page H6305]]

(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.

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.)--

[[Page H6306]]

(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

[[Page H6307]]

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

[[Page H6308]]

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

[[Page H6309]]

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

[[Page H6310]]

``(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.

[[Page H6311]]

(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.--

[[Page H6312]]

(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

[[Page H6313]]

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.

[[Page H6314]]

``(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

[[Page H6315]]

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.

[[Page H6316]]

(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.

[[Page H6317]]

(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

[[Page H6318]]

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

[[Page H6319]]

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

[[Page H6320]]

(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.

[[Page H6321]]

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

Subtitle B--Armed Forces Retirement Home

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.

[[Page H6322]]

(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

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.

SEC. 1505. OPERATION AND MAINTENANCE.

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.

SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.

SEC. 1509. DEFENSE INSPECTOR GENERAL.

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;

[[Page H6323]]

(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

Subtitle B--Defense Intelligence and Intelligence-Related Activities

Subtitle C--Nuclear Forces

[[Page H6324]]

Sec. 1635. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.

Subtitle D--Missile Defense Programs

Subtitle E--Matters Relating to Certain Commercial Terrestrial
Operations

Subtitle F--Other Matters

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

[[Page H6325]]

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--

[[Page H6326]]

(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--

[[Page H6327]]

(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

[[Page H6328]]

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

[[Page H6329]]

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

[[Page H6330]]

(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.

[[Page H6331]]

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);

[[Page H6332]]

(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

[[Page H6333]]

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.

[[Page H6334]]

TITLE XVII--CYBERSPACE-RELATED MATTERS

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

[[Page H6335]]

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;

[[Page H6336]]

(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--

[[Page H6337]]

``(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

[[Page H6338]]

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

[[Page H6339]]

``(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.

[[Page H6340]]

(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.

[[Page H6341]]

``(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

[[Page H6342]]

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

[[Page H6343]]

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.

[[Page H6344]]

(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.

[[Page H6345]]

(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.

[[Page H6346]]

(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.

[[Page H6347]]

(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.

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(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

[[Page H6349]]

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.

[[Page H6350]]

(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

[[Page H6351]]

(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

[[Page H6352]]

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

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

Subtitle D--General Contracting Provisions

Subtitle E--Research and Engineering

Subtitle F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development

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

Subtitle J--Other Matters

Sec. 1876. Recodification of certain title 10 provisions relating to
contract financing for certain Navy contracts.

[[Page H6353]]

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 General3001....

``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:

[[Page H6354]]

``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--

[[Page H6355]]

(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.

``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:

[[Page H6356]]

``(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.

``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 Support3171....

``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,'';

[[Page H6357]]

(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,

[[Page H6358]]

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.--

[[Page H6359]]

``(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.

``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)''.

[[Page H6360]]

SEC. 1813. OTHER PROVISIONS RELATING TO PLANNING AND
SOLICITATION GENERALLY.

``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)''.

[[Page H6361]]

(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 Contrac3341 ....

``244. Undefinitized Contractual Actions....................3371''.....

``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'';

``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.--

[[Page H6362]]

``(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.

``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.

``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.

``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.

[[Page H6363]]

``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.

``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),

[[Page H6364]]

(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.

[[Page H6365]]

``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

[[Page H6366]]

``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

[[Page H6367]]

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.

``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--

[[Page H6368]]

(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.

``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

[[Page H6369]]

(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'';

[[Page H6370]]

(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.

``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

[[Page H6371]]

(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)'';

[[Page H6372]]

(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 D3771''.....

(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

[[Page H6373]]

(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)--

[[Page H6374]]

(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.

``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

[[Page H6375]]

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.

``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--

[[Page H6376]]

(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.

``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.

``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.

``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.

[[Page H6377]]

(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.

``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.

``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.

``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.

``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.--

[[Page H6378]]

(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--

[[Page H6379]]

(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.

``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''.

[[Page H6380]]

(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)''.

(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.

``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:

[[Page H6381]]

``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

[[Page H6382]]

(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

[[Page H6383]]

(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 0, 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''.

[[Page H6384]]

(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.

``CHAPTER 327--WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS

``Subchapter Sec.
``I. Modular Open System Approach in Development of Weapon Syst4401....

``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)--

[[Page H6385]]

(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.

``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.

``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.

``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

[[Page H6386]]

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.

``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.

``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 Technol4831 ....

``384. Manufacturing Technology...............................4841 ....

``385. Other Technology Base Policies and Programs..........4851''.....

``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.

``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

[[Page H6387]]

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.

``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.

``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--

[[Page H6388]]

(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.

``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 4861ces.

``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.--

[[Page H6389]]

(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 4951 am..

``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

[[Page H6390]]

(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--

[[Page H6391]]

(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.

(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:

[[Page H6392]]

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.

(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
----------------------------------------------------------------------------------------------------------------

[[Page H6393]]

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--

[[Page H6394]]

(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.

(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:

[[Page H6395]]

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

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.

[[Page H6396]]

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).............
----------------------------------------------------------------------------------------------------------------

[[Page H6397]]

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army National Guard 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
----------------------------------------------------------------------------------------------------------------

[[Page H6398]]

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.

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

Subtitle B--Military Family Housing Reforms

Subtitle C--Real Property and Facilities Administration

Subtitle D--Land Conveyances

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.

[[Page H6399]]

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

Subtitle H--Miscellaneous Studies and Reports

Subtitle I--Other Matters

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

[[Page H6400]]

(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

[[Page H6401]]

(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

[[Page H6402]]

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

[[Page H6403]]

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

[[Page H6404]]

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

[[Page H6405]]

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

[[Page H6406]]

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

[[Page H6407]]

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:

[[Page H6408]]

``(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.

[[Page H6409]]

``(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

[[Page H6410]]

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

[[Page H6411]]

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.

[[Page H6412]]

``(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

[[Page H6413]]

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.

[[Page H6414]]

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:

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

Subtitle C--Defense Environmental Cleanup Matters

Subtitle D--Safeguards and Security Matters

Sec. 3131. Reporting on penetrations of networks of contractors and
subcontractors.

Subtitle E--Personnel Matters

Subtitle F--Budget and Financial Management Matters

Sec. 3151. Reports on financial balances for atomic energy defense
activities.

Subtitle G--Administrative Matters

Subtitle H--Other Matters

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:

[[Page H6415]]

``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.--

[[Page H6416]]

(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.

[[Page H6417]]

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

[[Page H6418]]

(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

[[Page H6419]]

(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.

[[Page H6420]]

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

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,

[[Page H6421]]

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'';

(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

[[Page H6422]]

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:

[[Page H6423]]

(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;

[[Page H6424]]

``(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

[[Page H6425]]

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

[[Page H6426]]

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

[[Page H6427]]

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.
FICATIONS
016 PATRIOT MODS......... 278,050 278,050
017 ATACMS MODS.......... 141,690 141,690

[[Page H6428]]

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]

[[Page H6429]]

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.

[[Page H6430]]

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

[[Page H6431]]

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.

[[Page H6432]]

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).

[[Page H6433]]

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

[[Page H6434]]

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.

[[Page H6435]]

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

[[Page H6436]]

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]

[[Page H6437]]

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.

[[Page H6438]]

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.

[[Page H6439]]

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.

[[Page H6440]]

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.

[[Page H6441]]

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.

[[Page H6442]]

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

[[Page H6443]]

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

[[Page H6444]]

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).

[[Page H6445]]

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.

[[Page H6446]]

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 63,501
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.

[[Page H6447]]

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]

[[Page H6448]]

.................................. 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.

[[Page H6449]]

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).

[[Page H6450]]

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

[[Page H6451]]

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
..................................

[[Page H6452]]

.................................. 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.

[[Page H6453]]

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.

[[Page H6454]]

.................................. 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.

[[Page H6455]]

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.

[[Page H6456]]

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

[[Page H6457]]

.................................. 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

[[Page H6458]]

.................................. 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

[[Page H6459]]

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

[[Page H6460]]

.................................. 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).

[[Page H6461]]

.................................. 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.

[[Page H6462]]

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).

[[Page H6463]]

.................................. 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.

[[Page H6464]]

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.
..................................

[[Page H6465]]

.................................. 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.

[[Page H6466]]

................
................ 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....................

[[Page H6467]]

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

[[Page H6468]]

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

[[Page H6469]]

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....................

[[Page H6470]]

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]

[[Page H6471]]

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......................

[[Page H6472]]

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..................

[[Page H6473]]

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...............

[[Page H6474]]

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

[[Page H6475]]

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

[[Page H6476]]

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.....................

[[Page H6477]]

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....................

[[Page H6478]]

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....................

[[Page H6479]]

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

[[Page H6480]]

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.

[[Page H6481]]

----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2021 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
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

[[Page H6482]]

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

[[Page H6483]]

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.

[[Page H6484]]

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.

[[Page H6485]]

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.

[[Page H6486]]

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

[[Page H6487]]

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

[[Page H6488]]

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

[[Page H6489]]

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.

[[Page H6490]]

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.
........................

[[Page H6491]]

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

[[Page H6492]]

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

[[Page H6493]]

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

[[Page H6494]]

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

[[Page H6495]]

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.

[[Page H6496]]

........................
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
----------------------------------------------------------------------------------------------------------------

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:

[[Page H6497]]

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.

[[Page H6498]]

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

[[Page H6499]]

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

[[Page H6500]]

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
------------------------------------------------------------------------

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.

(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

[[Page H6501]]

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.--

[[Page H6502]]

(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

[[Page H6503]]

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;

[[Page H6504]]

``(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

[[Page H6505]]

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.

[[Page H6506]]

(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

[[Page H6507]]

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

[[Page H6508]]

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.''.

[[Page H6509]]

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

[[Page H6510]]

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

[[Page H6511]]

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

[[Page H6512]]

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

[[Page H6513]]

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;

[[Page H6514]]

(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;

[[Page H6515]]

(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.

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:

[[Page H6516]]

``(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:

[[Page H6517]]

``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

[[Page H6518]]

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.

[[Page H6519]]

(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

[[Page H6520]]

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.

[[Page H6521]]

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);

[[Page H6522]]

``(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.

[[Page H6523]]

``(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);

[[Page H6524]]

``(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.

[[Page H6525]]

``(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

[[Page H6526]]

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

SECTION 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

[[Page H6527]]

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

[[Page H6528]]

(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.

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

[[Page H6529]]

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

Subtitle B--Organization and Management Matters

Sec. 8211. Congressional affairs; Director.
Sec. 8212. Limitations on claims.

[[Page H6530]]

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

Subtitle D--Reports

Subtitle E--Coast Guard Academy Improvement Act

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.

[[Page H6531]]

``(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.

[[Page H6532]]

``(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--

[[Page H6533]]

(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

[[Page H6534]]

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--

[[Page H6535]]

``(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

[[Page H6536]]

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

[[Page H6537]]

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.

[[Page H6538]]

(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.

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

[[Page H6539]]

(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;

[[Page H6540]]

(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

[[Page H6541]]

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;

[[Page H6542]]

(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.

[[Page H6543]]

(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

Subtitle C--Advisory Committees

Subtitle D--Ports

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.

[[Page H6544]]

``(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

[[Page H6545]]

``(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.

[[Page H6546]]

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--

[[Page H6547]]

(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.''.

[[Page H6548]]

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.--

[[Page H6549]]

``(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

[[Page H6550]]

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

Subtitle B--Maritime Domain Awareness

Subtitle C--Arctic

Subtitle D--Other Matters

[[Page H6551]]

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

[[Page H6552]]

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

[[Page H6553]]

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.

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

[[Page H6554]]

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

[[Page H6555]]

(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

[[Page H6556]]

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

[[Page H6557]]

(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.

(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.

[[Page H6558]]

``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''.

[[Page H6559]]

(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

[[Page H6560]]

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.''.

[[Page H6561]]

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.

[[Page H6562]]

``(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:

``Part D--Federal Maritime Commission

``461. Federal Maritime Commission.........................46101''.....

(6) The analysis for chapter 461 of part D of subtitle IV
of such title, as so redesignated, is amended to read as
follows:
``Sec.
``46101. General organization.
``46102. Quorum.
``46103. Meetings.
``46104. Delegation of authority.
``46105. Regulations.
``46106. Annual report.
``46107. Expenditures.
``46108. Authorization of appropriations.''.
(c) Technical Correction.--Section 46103(c)(3) of title 46,
United States Code, as so redesignated, is amended by
striking ``555b(c)'' and inserting ``552b(c)''.

DIVISION 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

[[Page H6563]]

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

[[Page H6564]]

(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

[[Page H6565]]

(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.

[[Page H6566]]

(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.

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

[[Page H6567]]

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

[[Page H6568]]

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

[[Page H6569]]

(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;

[[Page H6570]]

(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;

[[Page H6571]]

(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.

(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.--

[[Page H6572]]

``(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

Subtitle B--Other Matters

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

[[Page H6573]]

(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.''.

[[Page H6574]]

(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).

[[Page H6575]]

``(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''.

[[Page H6576]]

(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.

[[Page H6577]]

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.

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

[[Page H6578]]

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

[[Page H6579]]

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.

[[Page H6580]]

Subtitle C--Other Matters

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.

[[Page H6581]]

(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

[[Page H6582]]

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.

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

[[Page H6583]]

(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,

[[Page H6584]]

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.

[[Page H6585]]

(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;

[[Page H6586]]

(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.

(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.--

[[Page H6587]]

(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

[[Page H6588]]

(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.
And the Senate agree to the same.
From the Committee on Armed Services, for consideration of
the House bill and the Senate amendment, and for
modifications committed to conference:
Adam Smith,
Susan A. Davis,
Rick Larsen,
Jim Cooper,
Joe Courtney,
Donald Norcross,
Ruben Gallego,
Seth Moulton,
Salud O. Carbajal,
Anthony G. Brown,
Ro Khanna,
William R. Keating,
Filemon Vela,
Kendra S. Horn,
Gilbert Ray Cisneros, Jr.,
Mac Thornberry,
Joe Wilson,
Michael R. Turner,
Mike Rogers,
Doug Lamborn,
Robert J. Wittman,
Vicky Hartzler,
Elise M. Stefanik,
Trent Kelly,
Mike Gallagher,
Jim Banks,
From the Permanent Select Committee on Intelligence, for
consideration of matters within the jurisdiction of that
committee under clause 11 of rule X:
Terri A. Sewell,
Devin Nunes,
From the Committee on Agriculture, for consideration of secs.
3601 and 3602 of the House bill, and sec. 1053 of the Senate
amendment, and modifications committed to conference:
Scott H. Peters,
Abigail Davis Spanberger,
K. Michael Conaway,
From the Committee on the Budget, for consideration of secs.
1002 and 8003 of the House bill, and secs. 4, 126, and 1086
of the Senate amendment, and modifications committed to
conference:
Joseph D. Morelle,
Steven Horsford,
From the Committee on Education and Labor, for the
consideration of secs. 212, 279, 569, 570, 1110, 1791, 1797,
1833, and 1834 of the House bill, and secs. 516, 561-63, 565,
566, 1090, 5211, 6047, 6091, and 6615 of the Senate
amendment, and modifications committed to conference:
Robert C. ``Bobby'' Scott,
Lori Trahan,
Brett Guthrie,
From the Committee on Energy and Commerce, for consideration
of secs. 223, 229, 332, 335, 535, 540H, 601, 705, 736, 1299N-
2, 1641, 1760, 1761, 1772, 1793, 1821, 1823, 1824, 2835,
3201, 3511, 3601, 5101-04, 5109, 10306, and 11206 of the
House bill, and secs. 311, 319, 703, 1053, 1091, 1092, 1094,
1098, 1099, 2841, 3121, 3125, 3131, 3132, 5239, 6082-84,
subtitle I of title LX of division E, secs. 6299F, 6614,
6704, and 6706 of the Senate amendment and modifications
committed to conference:
Greg Walden,
From the Committee on Financial Services, for consideration
of secs. 902, 1248, 1249, 1299R-9, 1768, 1776, 1779, 1790,
1792, 1798, 1803, 1808, 1812, subtitles H and I of title XVII
of division A, and divisions G, J, K, and M of the House
bill, and secs. 1706-10 and 6231 of the Senate amendment, and
modifications committed to conference:
Maxine Waters,
Juan Vargas,
Blaine Luetkemeyer,
From the Committee on Foreign Affairs, for consideration of
secs. 213, 843, subtitle C of title XI of division A, secs.
1202, 1203, 1207, 1221-24, 1231-33, 1238, 1248, 1249, 1251,
1260D, 1260E, 1261, 1266, 1272-74, 1276, 1280, 1286, 1290-92,
1294, 1296, 1299, 1299B, 1299G, 1299H, 1299K, subtitles H-K
of title XII of division A, secs. 1299Q-1, 1299Q-2, subtitle
M of title XII of division A, secs. 1299T-4, 1299T-5, 1521,
1640F, 1659, 1757, 1759, 1823, and division I of the House
bill, and secs. 1201-03, 1205-07, 1210, 1213, subtitle C of
title XII and division A, secs. 1231-33, 1236, 1240, 1241,
1251, 1253-56,

[[Page H6589]]

1263, 1281, 1283, 1286, 1287, subtitle H of title XII of
division A, subtitle C of title XV of division A, sec. 1661,
title XVII of division A, secs. 6231, 6251, 6284, 6286, 6293-
96, 6299, 6299A, 6299B, 6299D, and 6299F of the Senate
amendment, and modifications committed to conference:
Brad Sherman,
Michael T. McCaul,
From the Committee on Homeland Security, for consideration of
secs. 1630, 1631, 1637, 1640A, 1640D, 1640F, 1760, 1784,
1793, 1804, and 9508 of the House bill, and secs. 6088,
6096D, 6613, and 6614 of the Senate amendment, and
modifications committed to conference:
Xochitl Torres Small,
Elissa Slotkin,
Mark E. Green,
From the Committee on House Administration, for consideration
of secs. 536, 1101, and 1751 of the House bill, and
modifications committed to conference:
Marcia L. Fudge,
Rodney Davis,
From the Committee on the Judiciary, for consideration of
secs. 281, 540D, 814, 1055, 1215, 1299O-6, 1299T-4, 1299T-5,
1640A, 1731, 1733, 1762, and 1763 of the House bill, and
secs. 1296 and 6088 of the Senate amendment, and
modifications committed to conference:
From the Committee on Natural Resources, for consideration of
secs. 601, 626, 627, 1744, 1794, 1795, 2834-36, subtitle E of
title XXVIII of division B, and divisions O and P of the
House bill, and secs. 315, 2861-63, 2887, 6081, and 7861 of
the Senate amendment, and modifications committed to
conference:
Rob Bishop,
From the Committee on Oversight and Reform, for consideration
of secs. 373, 813, 815, 825, 830B, 833, 848, 1101, 1102,
1104, 1105, 1108, 1111, 1114, 1115, subtitles B and C of
title XI of division A, secs. 1635, 1639, 1640C, subtitle B
of title XVII of division A, secs. 1744, 1745, 1769, 1770,
1774, 1793, 1808, 9208, and 11410 of the House bill, and
secs. 631, 1103-06, 1109-13, 5244, 6047, and 9306 of the
Senate amendment, and modifications committed to conference:
Carolyn B. Maloney,
Stephen F. Lynch,
James Comer,
From the Committee on Science, Space, and Technology, for
consideration of sec. 229, subtitle D of title II of division
A, secs. 327, 333, 341, 1744, 1771, 1806, 1807, 1821, 1824,
1825, division E, secs. 5502 and 10104 of the House bill, and
secs. 318, 1098, 1099, subtitle C of title LII of division E,
secs. 5231-38, and 6087 of the Senate amendment, and
modifications committed to conference:
Mike Garcia,
From the Committee on Small Business, for consideration of
secs. 831-33, 835-40, 840A, 841, 844, and 1633 of the House
bill, and secs. 871, 872, 1642, 5871-75, and 5877 of the
Senate amendment, and modifications committed to conference:
Jared F. Golden,
Steve Chabot,
From the Committee on Transportation and Infrastructure, for
consideration of secs. 311, 312, 332, 560G, 601, 829, 830B,
912, 1101, 1732, 1750, 1760, 1768, 1809, 3501, 3504, 3505,
3507-09, 3510C, 3510D, 5103, and division H of the House
bill, and secs. 178, 1087, 1635, 3501, 5237, 5246, 6089, and
subtitle I of title LX of division E of the Senate amendment,
and modifications committed to conference:
Harley Rouda,
Bob Gibbs,
From the Committee on Veterans' Affairs, for consideration of
secs. 525, 534, 535, 540A, 540B, 540C, 540E, 540H, 546, 551-
53, 560B, 560E, 560F, 560G, 560H, 718, 724, 731, 734, 750H,
752-54, 760, 831, 1101, 1411, 1764, 1790, 1802, and 5502 of
the House bill, and secs. 741, 744, 753, 762-64, 935, 1089,
1090A, 1090B, 1421, and 6085 of the Senate amendment, and
modifications committed to conference:
Mark Takano,
Gus M. Bilirakis,
From the Committee on Ways and Means, for consideration of
secs. 1276, 7103, and 7104 of the House bill, and sec. 6003
of the Senate amendment, and modifications committed to
conference:
Richard E. Neal,
Jimmy Panetta,
Brad R. Wenstrup,
Managers on the Part of the House.
James M. Inhofe,
Roger F. Wicker,
Deb Fischer,
Mike Rounds,
Joni Ernst,
Thom Tillis,
Dan Sullivan,
David Perdue,
Kevin Cramer,
Rick Scott,
Marsha Blackburn,
John Thune,
Jack Reed,
Jeanne Shaheen,
Kirsten E. Gillibrand,
Richard Blumenthal,
Mazie K. Hirono,
Tim Kaine,
Angus S. King, Jr.,
Martin Heinrich,
Gary C. Peters,
Joe Manchin III,
Tammy Duckworth,
Doug Jones,
Managers on the Part of the Senate.

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 6395), 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, submit the following joint statement
to the House and the Senate in explanation of the effect of
the action agreed upon by the managers and recommended in the
accompanying conference report:
The Senate amendment struck all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of
the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute
agreed to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Compliance with rules of the House of Representatives and
Senate regarding earmarks and congressionally directed
spending items
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives and Rule XLIV(3) of the Standing Rules of
the Senate, neither this conference report nor the
accompanying joint statement of managers contains any
congressional earmarks, congressionally directed spending
items, limited tax benefits, or limited tariff benefits, as
defined in such rules.
Summary of discretionary authorizations and budget authority
implication
The budget request for national defense discretionary
programs within the jurisdiction of the Committees on Armed
Services of the Senate and the House of Representatives for
fiscal year 2021 was $731.6 billion. Of this amount, $636.3
billion was requested for base Department of Defense
programs, $69.0 billion was requested for overseas
contingency operations, $26.0 billion was requested for
national security programs in the Department of Energy and
the Defense Nuclear Facilities Safety Board, and $314.0
million for defense-related activities.
The conference agreement would authorize $731.6 billion in
fiscal year 2021, including $635.5 billion for base
Department of Defense programs, $69.0 billion for overseas
contingency operations, $26.6 billion for national security
programs in the Department of Energy and the Defense Nuclear
Facilities Safety Board, and $494.0 million for defense-
related activities.
The two tables preceding the detailed program adjustments
in Division D of the accompanying joint statement of managers
summarize the discretionary authorizations in the agreement
and the equivalent budget authority levels for fiscal year
2021 defense programs.
Budgetary effects of this Act (sec. 4)
The House bill contained a provision (sec. 1002) that would
state the budgetary effects of this Act for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010
(Public Law 111-139).
The Senate amendment contained a similar provision (sec.
4).
The House recedes.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

BUDGET ITEMS

Columbia-class submarine advance procurement
The budget request included $1.1 billion in line item 2 of
Shipbuilding and Conversion, Navy, for Columbia-class
submarine advance procurement.
The House bill would authorize the amount of the request.
The Senate amendment would authorize an increase of $175.0
million above the request.
The agreement authorizes an increase of $130.0 million
above the request.
The conferees' intent in authorizing additional funds for
submarine industrial base expansion is to ensure second- and
third-tier contractors are able to meet increased production
requirements.
The conferees' direct the Secretary of the Navy to notify
the congressional defense committees within 30 days of
obligating such funds of the: obligation date, contractor
name or names, location, description of the shortfall to be
addressed, actions to be undertaken, desired end state,
usable end items to be procured, period of performance,
dollar amount, projected associated savings including
business case analysis if applicable, contract name, and
contract number.
The conferees believe that expanding the capabilities of
the second- and third-tier contractors in the submarine
industrial base should lead to greater cost savings and
improved efficiency as production increases to meet the
Columbia-class schedule and higher requirement for Virginia-
class attack submarines in the Navy's latest Force Structure
Assessment.

Subtitle A--Authorization of Appropriations

Authorization of appropriations (sec. 101)
The House bill contained a provision (sec. 101) that would
authorize appropriations for procurement at the levels
identified in section 4101 of division D of this Act.
The Senate amendment contained a similar provision (sec.
101).
The Senate recedes with a technical amendment.

[[Page H6590]]

Subtitle B--Army Programs

Modifications to requirement for an interim cruise missile
defense capability (sec. 111)
The Senate amendment contained a provision (sec. 113) that
would require the Secretary of the Army to submit to the
congressional defense committees the plan to operationally
deploy or forward station interim cruise missile defense
capabilities pursuant to section 112 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) and would modify the deployment deadline
waiver.
The House bill contained no similar provision.
The House recedes with technical amendments.
Report and limitations on acquisition of Integrated Visual
Augmentation System (sec. 112)
The Senate amendment contained a provision (sec. 112) that
would place a limitation on obligation of funds for
procurement of the Integrated Visual Augmentation System
pending submission of a report by the Secretary of the Army
subsequent to the completion of operational testing.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
limitation and report of the Secretary of the Army and add an
assessment by the Director of Operational Test and
Evaluation.
Assessment of investment and sustainment for procurement of
cannon tubes (sec. 113)
The House bill contained a provision. (sec. 135) that would
require the Secretary of the Army to develop a comprehensive,
long-term strategy and sustainment plan for the development,
production, procurement, and modernization of cannon and
large caliber weapons tubes.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
requirement to assess the development, production, and
modernization of the defense industrial base for cannon and
large caliber weapons tubes.
The conferees recognize the importance of modernizing and
sustaining long-range artillery and other weapon systems that
require cannon and large caliber weapons tubes. Further, the
conferees note that our defense industrial base is a critical
partner in meeting current and emerging Army and Joint Force
requirements. Therefore, the assessment should include: (1) A
review of the cannon tube industrial base to meet near and
long-term development and production requirements; (2) An
evaluation of any capability gaps given current, planned, and
anticipated program demands; and (3) An analysis of the
resources required and planned for the cannon tube industrial
base across the future years defense program.

Subtitle C--Navy Programs

Limitation on alteration of the Navy fleet mix (sec. 121)
The Senate amendment contained a provision (sec. 5121) that
would express the sense of Congress on the importance of the
Navy shipbuilding industrial base, limit deviations to the
Navy's 2016 requirement for large surface combatants, and
require a report on large surface combatants.
The House bill contained no similar provision.
The House recedes with an amendment that would remove the
sense of Congress and modify the limitation on deviations to
the Navy's 2016 requirement for large surface combatants.
The conferees believe that prototyping critical subsystems
is essential to maturing new technologies and reducing
technical risks for lead ships in new classes of naval
vessels. The conferees understand Navy officials are
considering design changes to the Zumwalt-class of destroyers
to increase the combat capability, potentially including the
integration of a different missile launcher, radar, and
combat system.
The conferees view these potential changes to the Zumwalt-
class as opportunities to mature technology and reduce
technical and integration risks for the next Large Surface
Combatant class of vessels, as required by section 131(a)(2)
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92), while also providing more capable
Zumwalt-class destroyers to fleet commanders.
Accordingly, the conferees direct the Secretary of the Navy
to submit to the congressional defense committees not later
than March 1, 2021, a report on potential Zumwalt-class
capability upgrades. This report shall include:
(1) Navy plans or options under review to upgrade Zumwalt-
class destroyers, including, but not limited to, missile
launchers, radars, and combat systems;
(2) The extent to which the plans or options under review
identified in paragraph (1) could provide opportunities to
mature technology and reduce technical and integration risks
for the next Large Surface Combatant class of vessels;
(3) The extent to which the plans or options under review
identified in paragraph (1) are included in the Navy's plans
to comply with section 131 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92);
and
(4) Any related matters the Secretary deems appropriate.
Limitations on Navy medium and large unmanned surface vessels
(sec. 122)
The Senate amendment contained a provision (sec. 122) that
would require that certain technical conditions be met prior
to Milestone B approval for medium and large unmanned surface
vessels.
The House bill contained no similar provision.
The House recedes with an amendment that would reduce the
minimum number of certain systems to be qualified and the
period of continuous operation of such systems to satisfy
qualification requirements, as well as allow the Secretary of
the Navy to release certain requests for proposals and
contract for certain government furnished equipment prior to
Milestone B approval for medium and large unmanned surface
vessels.
Fighter force structure acquisition strategy (sec. 123)
The Senate amendment contained a provision (sec. 125) that
would require the Secretary of the Navy to align the
Department's tactical aviation fighter force structure
acquisition strategy with the results of the various
independent studies required by section 1064 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91), and not later than March 1, 2021, to transmit the
strategy in a report to the congressional defense committees.
The provision would also require the Secretary to establish a
minimum number of F-35 and Next Generation Air Dominance
aircraft that the Navy and Marine Corps would be required to
procure each year to mitigate strike-fighter shortfalls.
Finally, the provision would prohibit the Department of the
Navy's tactical aviation acquisition programs from deviating
from the acquisition strategy until the Secretary receives a
waiver from the Secretary of Defense and 30 days have expired
after submission of the justification information and
proposed deviation are submitted to the congressional defense
committees.
The House bill contained no similar provision.
The House recedes with an amendment that would instead
require the Secretary of the Navy to submit an acquisition
strategy for the Navy's tactical fighter aircraft force
structure that enables the Department of the Navy to achieve
the capability and capacity requirements necessary to meet
the objectives of the National Defense Strategy.
The conferees understand the Navy's need to transition to
F-35C procurement but remain concerned regarding the Navy's
decision to cease procurement of F/A-18E/F Super Hornet
aircraft from its fiscal year 2022 to 2025 future years
defense plan. Given the significant immaturity of the Navy's
Next-Generation Air Dominance program and that F-35C aircraft
are still currently in low rate production, the conferees
believe that decision could induce greater operational risk
in the future for combatant commanders as well as increase
the Navy's forecasted strike-fighter deficit in fiscal year
2021 from -49 to -58 aircraft. Finally, the conferees note
that the Navy currently designs its aircraft carrier air-
wings (CVWs) without including traditional margin for
attrition reserve strike-fighter aircraft that would
supplement forces in cases of training or contingency
operational losses of aircraft. Therefore, the conferees
believe the Navy should plan and budget for 54 strike-fighter
aircraft per CVW instead of the current 44 strike-fighter
aircraft per CVW.
Procurement authorities for certain amphibious shipbuilding
programs (sec. 124)
The Senate amendment contained a provision (sec. 124) that
would allow the Secretary of the Navy to enter into one or
more contracts for the procurement of three San Antonio-class
amphibious ships and one America-class amphibious ship.
The House bill contained no similar provision.
The House recedes.
The conferees believe that better planning and execution of
long lead time material (LLTM) purchases for Navy
shipbuilding programs could generate significant benefits for
such programs, including material delivery schedules that
better support the critical path at a more affordable cost, a
firmer signal to the supplier base that better stabilizes the
marketplace, and incentives for the industrial base to
capitalize and invest in workforce development. The conferees
understand that suboptimal LLTM funding requests in the past
have contributed, directly or indirectly, to construction
delays, cost increases, supplier base instability, and
depressed industrial base investment.
Accordingly, the conferees direct the Secretary of the Navy
to submit a report to the congressional defense committees
concurrent with the President's budget request for fiscal
year 2022 on the optimal funding profile for each new
construction or refueling and complex overhaul program for
which a funding request is included in the Shipbuilding and
Conversion, Navy account in the fiscal year 2022 future years
defense program (FYDP).
This report shall include, at a minimum, for each such
covered program: (1) A description of LLTM needs to support
associated construction milestones, including an itemized
list of LLTM with the material, production duration, purchase
lead time, required in-yard need date, vendor, vendor
location, and approximate cost; (2) The fiscal year 2022 FYDP
funding profile, including procurement full funding and
advance procurement funding for such LLTM with an itemized
description; (3) The optimal fiscal year 2022 FYDP funding
profile to support associated construction milestones,
including procurement full funding and advance

[[Page H6591]]

procurement funding for such LLTM with an itemized
description; (4) The benefits and program risk reduction that
could be realized from pursuing the funding profiles
described under paragraph (3) in terms of construction
schedule, cost, supplier base stability, industrial base
investment, and any other factors the Secretary deems
appropriate; and (5) Any related matters the Secretary deems
appropriate.
Land-based test program for the FFG(X) frigate program (sec.
125)
The House bill contained a provision (sec. 111) that would
require the Secretary of Defense to ensure that an
independent cost estimate had been completed prior to
milestone B for the FFG(X) frigate program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove the
requirement for an independent cost estimate prior to
milestone B and add a requirement for a land-based test
program for the FFG(X) frigate program, which has recently
been designated the Constellation-class (FFG-62).
The conferees note that a contract for up to 10
Constellation-class frigates was awarded in April 2020 with a
potential cumulative value of $5.6 billion. Given that the
Constellation-class will play a significant role in the Navy
battle force for many decades and the current program of
record calls for building 20 frigates, the conferees believe
a strong technical foundation for this program is critically
important.
The conferees note that the winning Constellation-class
ship design is based on a foreign design. While recognizing
an existing parent design can reduce design, technical, and
integration risks, the conferees are concerned that
significant risks remain in the FFG-62 program, including:
cost realism; shifting to predominantly U.S. component
suppliers instead of the mainly foreign suppliers used in the
parent vessel design; and a complex Combined Diesel Electric
and Gas Hull, Mechanical and Electrical (HM&E) drive train
that has not previously been used on U.S. Navy ships.
The conferees believe land based engineering and test sites
(LBETS) are critical resources for the Department of Defense,
particularly for Navy ship HM&E systems. For example, the
conferees note the Arleigh Burke-class (DDG-51) LBETS at
Naval Surface Warfare Center, Philadelphia Division (NSWCPD)
has supported the fleet through systems development, testing
and evaluation, and training for 31 years. Since 1989, this
LBETS has trained more than 2,000 Navy sailors, supported all
68 DDG 51-class destroyers commissioned to date, and
continues to support DDG 51-class destroyer acquisition as
the Navy acquires new versions of the destroyer, including
modifying the LBETS to support new DDG-51 Flight III systems.
Since 1972, NSWCPD LBETS testing has reduced the
acquisition risk of five of the seven Navy surface combatant
classes (Spruance-class, Oliver Hazard Perry-class,
Ticonderoga-class, Arleigh Burke-class, and Zumwalt-class).
The Arleigh Burke-class LBETS has included crew training, as
well as cost and risk avoidance for major machinery upgrades
during the service life of the class. The littoral combat
ship (LCS) classes, the Freedom- and Independence-classes,
are the two recent classes that have not had the benefit of a
LBETS. Since lead ship deliveries in 2008 and 2010, both LCS
classes have encountered significant, costly, and
debilitating engineering failures. The conferees believe many
of these LCS engineering failures would have been discovered,
analyzed, and corrected faster with less negative operational
impact had the Navy established a LCS LBETS.
Accordingly, the provision would require the Secretary of
the Navy to establish a FFG-62 class LBETS as soon as
possible. The primary objectives of the FFG-62 LBETS shall be
to demonstrate across the full range of engineering plant
operations: (1) Test of the full propulsion drive train; (2)
Test and facilitation of machinery control systems
integration; and (3) Simulation of the full range of
electrical demands to enable the investigation of load
dynamics between the HM&E equipment, combat system, and
auxiliary equipment.
The provision would direct the Secretary to commence full-
scale LBETS testing prior to delivery of FFG-62 and complete
the test program not later than the date FFG-62 is scheduled
to be available for tasking by operational military
commanders.
In addition, the conferees direct the Secretary to submit
to the congressional defense committees a plan to implement
this section with the budget materials that accompany the
President's Budget request for fiscal year 2022. This plan
shall include the costs, activities, and test plan necessary
to meet the requirements under this section.
Treatment in future budgets of the President of systems added
by Congress (sec. 126)
The Senate amendment contained a provision (sec. 126) that
would preclude the inclusion in future annual budget requests
of a procurement quantity of a system previously authorized
and appropriated by the Congress that was greater than the
quantity of such system requested in the President's Budget
request.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
effect of this provision to the Shipbuilding and Conversion,
Navy account.
Extension of prohibition on availability of funds for Navy
waterborne security barriers (sec. 127)
The Senate amendment contained a provision (sec. 123) that
would extend the prohibition on availability of funds for
Navy waterborne security barriers.
The House bill contained no similar provision.
The House recedes.
Report on strategy to use ALQ-249 Next Generation Jammer to
ensure full spectrum electromagnetic superiority (sec.
128)
The Senate amendment contained a provision (sec. 128) that
would require the Secretary of the Navy, in consultation with
the Vice Chairman of the Joint Chiefs of Staff, to provide a
report to the congressional defense committees, no later than
July 30, 2021, defining a strategy to ensure full spectrum
electromagnetic superiority using the ALQ-249 Next Generation
Jammer.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.

Subtitle D--Air Force Programs

Minimum operational squadron level (sec. 131)
The Senate amendment contained a provision (sec. 143) that
would require the Secretary of the Air Force to seek to
achieve, as soon as practicable after the date of the
enactment of this Act and subject to the availability of
appropriations, no fewer than 386 available operational
squadrons, or equivalent organizational units, within the Air
Force, comprised of specific Primary Mission Aircraft
Inventory levels in the following mission areas:
(1) 1,680 Fighter aircraft;
(2) 199 Persist attack remotely piloted aircraft;
(3) 225 Bomber aircraft;
(4) 500 Air refueling aircraft;
(5) 286 Tactical airlift aircraft;
(6) 284 Strategic airlift aircraft;
(7) 55 Command and control aircraft;
(8) 105 Combat search and rescue aircraft;
(9) 30 Intelligence, surveillance, and reconnaissance
aircraft;
(10) 179 Special operations aircraft; and,
(11) 40 Electronic warfare aircraft.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
require the Secretary to seek a moderate risk aviation force
structure of not fewer than 3,580 combat coded aircraft,
which is the total quantity of mission-type aircraft still
applicable from the Senate amendment. The amendment would
also authorize the Secretary, based on the fielding of new
capabilities and formal force structure capability
assessments in consultation with the Chief of Staff of the
Air Force and the Chairman of the Joint Chiefs of Staff, to
modify the combat-coded aircraft total across mission areas,
if warranted. Finally, the amendment would require the
Secretary to submit to the congressional defense committees
at the earliest opportunity any updates to the aviation force
structure planning construct.
The conferees agree that the current quantity of Air Force
combat coded aircraft incurs levels of risk beyond moderate
and is not aligned with the National Defense Strategy (NDS).
The conferees acknowledge that multiple independent and
Department-wide studies have been conducted that recommend
similar levels of a minimum quantity of combat coded aircraft
by mission type that would be required to achieve the NDS at
a moderate operational risk, as defined by the Chairman of
the Joint Chiefs of Staff Manual 3105.018 titled ``Joint Risk
Analysis.''
Modification of force structure objectives for bomber
aircraft (sec. 132)
The House bill contained a provision (sec. 121) that would
amend section 9062(h)(2) of title 10, United States Code, by
changing the B-1 combat coded aircraft requirement from 36 to
24. This provision would also set requirements for storage
and maintainer billets.
The Senate amendment contained no similar provision.
The Senate recedes with a modifying amendment that would
provide for the required combat capability while preserving
maintenance capacity until the B-21 is fielded. The conferees
agree that long range strike with standoff weapons will
principally be conducted by the B-1 Lancer and B-52
Stratofortress bombers over the next decade. Therefore, the
conferees believe that it is imperative to provide a legacy
bomber modernization program that is commensurate with the
intended service life.
Minimum bomber aircraft force level (sec. 133)
The House bill contained a provision (sec. 129) that would
require a report not later than February 1, 2021, by the
Secretary of the Air Force on 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.
The Senate amendment contained a similar provision (sec.
144).
The Senate recedes as the report has been incorporated
elsewhere in the bill.
Required minimum inventory of tactical airlift aircraft (sec.
134)
The House bill contained a provision (sec. 1043) that
required the Secretary of the Air

[[Page H6592]]

Force to maintain a total inventory of tactical airlift
aircraft of not less than 292 aircraft.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish a
primary mission aircraft floor of 230 C-130s and a total C-
130 aircraft floor for Fiscal Year 2021 of 287 aircraft.
The conferees believe that the Secretary of the Air Force
should be provided latitude to reduce aircraft below the
Mobility Capability Requirement Study of 2018 if such a
reduction: is supported by Mobility Capability
Requirement Study required by section 1712 of the National
Defense Authorization Act for fiscal year 2020; and, to
transition aircraft to an alternative flying mission or
upgrade to a later tactical airlift aircraft.
Inventory requirements for air refueling tanker aircraft
(sec. 135)
The House bill contained a provision (sec. 125) that would
prohibit the use of funds authorized to be appropriated in
fiscal year 2021 to fiscal year 2023 for the retirement of
any KC-135 aircraft, or reduce the number of primary mission
KC-135 aircraft. This provision would also require the Air
Force to maintain a minimum of 50 primary mission KC-10A
aircraft in fiscal year 2021, 38 primary mission KC-10A
aircraft in fiscal year 2022, and 26 primary mission KC-10A
aircraft in fiscal year 2023.
The Senate amendment contained no similar provision.
The Senate recedes with a modifying amendment.
The conferees are encouraged by the Air Force's actions to
find solutions for the KC-46 remote visual system
deficiencies but are concerned that the implementation will
require additional tanker capacity that should temporarily
limit the retirement of legacy tankers. The required funds
for continued use of these legacy tankers is addressed
elsewhere in the bill.
Authority to use F-35A fighter aircraft AT-1 through AT-6
(sec. 136)
The Senate amendment contained a provision (sec. 172) that
would authorize the Secretary of the Air Force to utilize,
modify, and operate the six Turkish F-35A aircraft that were
accepted by the Government of Turkey but never delivered
because Turkey was suspended from the F-35 program.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of the Air Force, through written approval by
the Secretary of Defense, to utilize, modify, and operate the
six Turkish F-35A aircraft, addressed in the report
encompassing this Act, and require the Secretary of Defense
to provide the written approval documentation to the
congressional defense committees.
F-35 aircraft gun system ammunition (sec. 137)
The Senate amendment contained a provision (sec. 145) that
would require the Secretary of the Air Force to begin the
acquisition process for an alternate 25mm ammunition solution
that provides a true full-spectrum target engagement
capability for the F-35A.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
require the Director of the F-35 Joint Program Office, in
consultation with the Secretary of the Air Force, to take
appropriate actions to ensure that any 25mm ammunition
fielded for use by F-35A aircraft provides effective full-
spectrum target engagement capability.
Extension of limitation on availability of funds for
retirement of RC-135 aircraft (sec. 138)
The House bill contained a provision (sec. 122) that would
prohibit the Air Force from retiring, or preparing to retire,
any RC-135 aircraft through fiscal year 2025 until 60 days
after the date on which the Secretary of Defense certifies to
the congressional defense committees that equivalent RC-135
capacity and capability exists to meet combatant commander
requirements for indications and warning, intelligence
preparation of the operational environment, and direct
support to kinetic and non-kinetic operations.
The Senate amendment contained no similar provision.
The Senate recedes with a modifying amendment that would
extend the prohibition to fiscal year 2021.
Modification to limitation on retirement of U-2 and RQ-4
aircraft (sec. 139)
The House bill contained a provision (sec. 124) that would
limit obligation or expenditure of 50 percent of the funding
available for the Advanced Battle Management System until one
of three conditions is met: (1) The Secretary of the Air
Force certifies that the Air Force will not retire any RQ-4
Global Hawk aircraft during fiscal year 2021; (2) The Under
Secretary of Defense for Acquisition and Sustainment
certifies that the validated operating and sustainment costs
of any capability developed to replace the RQ-4 aircraft are
less than the validated operating and sustainment costs for
the RQ-4 aircraft on a comparable flight-hour cost basis, and
the Chairman of the Joint Requirements Oversight Council
certifies that any replacement capability for the RQ-4
aircraft would result in equal or greater capability
available to the commanders of the combatant commands and
would not result in less capacity available to the commanders
of the combatant commands; or (3) The Secretary of Defense
certifies that a replacement capability for the RQ-4 aircraft
is worth increased operating and sustainment costs.
The Senate amendment contained a similar provision (sec.
148) that would limit the retirement of any U-2 or RQ-4
aircraft until the Chairman of the Joint Requirements
Oversight Council certifies to the congressional defense and
intelligence committees that the operational capabilities
available to the combatant commanders would not be affected
by such a decision.
The House recedes with a clarifying amendment that would
amend the waiver requirements to the certification required
by section 136 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91).
The conferees note that section 136 of the National Defense
Authorization Act for Fiscal Year 2018 clearly defines the
necessary requirements and approval authorities the Air Force
would need to take to begin the retirement or divestment of
either the RQ-4 or U-2 aircraft. In February 2020, the Air
Force transmitted a budget proposal to the Congress that
sought to divest all RQ-4 Block 30 and Block 20 aircraft.
Contrary to section 136 of the National Defense Authorization
Act for Fiscal Year 2018, the Air Force did not provide
either the required certifications or a waiver from the
Secretary of Defense. The conferees further note that, 10
months after the fiscal year 2021 budget submission, neither
of these existing requirements for RQ-4 aircraft retirement
have been met. The conferees understand and acknowledge that
modernizing airborne intelligence, surveillance, and
reconnaissance (ISR) capabilities will necessitate divestment
of legacy systems. However, the conferees remain concerned
about the Air Force's continued inability to execute an ISR
acquisition and replacement plan that appropriately manages
operational risk to the global combatant commanders, as well
as the service's failure to comply with current public law.
However, until the Air Force provides a comprehensive ISR
modernization plan, addressed elsewhere in this bill, the
conferees will continue to be concerned about the sequence of
retiring operational aircraft without a suitable replacement
capability in place and available.
Modification of limitation on availability of funds for
retirement of E-8 JSTARS aircraft (sec. 140)
The House bill contained a provision (sec. 123) that would
amend section 147(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
to prohibit any use of funds authorized to be appropriated in
fiscal year 2021 or any subsequent year for the Air Force to
retire, or prepare to retire, any E-8 Joint Surveillance
Target Attack Radar System (JSTARS) aircraft until the date
on which the Secretary of Defense certifies to the
congressional defense committees that there is a replacement
capability identified that meets or exceeds the current
capability and capacity of the 16-aircraft E-8 fleet to meet
global combatant command requirements.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees note that JSTARS ground moving target
indicator and airborne battle management and command and
control capabilities continue to be in high demand from
global combatant commanders. While the conferees are aware
that planned replacement capabilities are under development
and making progress, the conferees are concerned about
insufficient modernization and sustainment funding for the
current platforms. The conferees expect to see adequate
resources budgeted in fiscal years 2022 and beyond while
JSTARS is flying these missions in support of overseas
operations. Preserving the resident JSTARS command and
control expertise with decades' worth of combat experience
should be a high priority for the Air Force.
Limitation on divestment of F-15C aircraft within the
European theater (sec. 141)
The Senate amendment contained a provision (sec. 149) that
would restrict the divestment of F-15Cs in the European
theater until the F-15EX is integrated into the Air Force and
has begun bed down actions in the theater. The provision
would also provide a waiver from the limitation if the
Secretary of Defense notifies the congressional defense
committees with appropriate justification.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
prohibit the divestment of F-15Cs in the European theater
until the Commander, U.S. European Command, in consultation
with the Commander, U.S. Air Forces Europe, provides a report
that describes the strategy, force structure construct and
capacity, and strategy implementation plan to maintain
inherent and equal or better air superiority capability and
capacity in the commander's European area of responsibility
that will replace the capability and capacity that the F-15C
currently provides for the commander.
Modernization plan for airborne intelligence, surveillance,
and reconnaissance (sec. 142)
The House bill contained a provision (sec. 128) that would
require the Secretary of the Air Force to provide a
comprehensive strategy for Air Force airborne intelligence,
surveillance, and reconnaissance (ISR) to ensure alignment
between requirements, future Air Force budget submissions,
and authorization of appropriations. The required plan would
cover current steady-state, contingency, and future multi-
domain operations

[[Page H6593]]

for Air Force ISR. This section would also require the Air
Force to submit a classified annex to the report as
necessary.
The Senate amendment contained no similar provision.
The Senate recedes.
RC-26B manned intelligence, surveillance, and reconnaissance
aircraft (sec. 143)
The House bill contained a provision (sec. 130) that would
prohibit funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the Air
Force to 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.
The Senate amendment contained no similar provision.
The Senate recedes.
Prohibition on funding for Close Air Support Integration
Group (sec. 144)
The Senate amendment contained a provision (sec. 146) that
would prohibit the obligation or expenditure of funds for the
Close Air Support Integration Group or its subordinate units
at Nellis Air Force Base, Nevada.
The House bill contained no similar provision.
The House recedes.
Required solution for KC-46 aircraft remote visual system
limitations (sec. 145)
The Senate amendment contained a provision (sec. 151) that
would require the Secretary of the Air Force to develop and
implement a solution to the KC-46 remote visual system
operational limitations.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Analysis of moving target indicator requirements and Advanced
Battle Management System capabilities (sec. 146)
The Senate amendment contained a provision (sec. 152) that
would require the Secretary of the Air Force to develop an
analysis of current ground moving target indicator
requirements across the combatant commands and the capability
that the Advanced Battle Management System will require when
fielded.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Study on measures to assess cost-per-effect for key mission
areas (sec. 147)
The Senate amendment contained a provision (sec. 153) that
would require the Secretary of the Air Force to conduct, or
provide for the conduct of, two studies no later than January
1, 2021, to provide a better understanding of the life-cycle
cost-per-effect of Air Force weapons to meet desired
operational goals and objectives.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
require the Secretary of the Air Force to instead conduct one
study and would require the Secretary to consider including
cost-per-effect calculation metrics as a key performance
parameter for any Air Force acquisition program that enters
the Joint Capabilities Integration and Development System
requirements process of the Department of Defense.

Subtitle E--Defense-Wide, Joint, and Multiservice Matters

Budgeting for life-cycle costs of aircraft for the Army,
Navy, and Air Force (sec. 151)
The Senate amendment contained a provision (sec. 171) that
would require the Secretary of Defense to submit an annual
plan for the procurement of the aircraft in the Department of
the Navy, the Department of the Army, and the Department of
the Air Force in order to meet the requirements of the
National Defense Strategy.
The House bill contained no similar provision.
The House recedes with clarifying amendments.
Transfer of responsibilities and functions relating to
electromagnetic spectrum operations (sec. 152)
The Senate amendment contained a provision (sec. 173) that
would: (1) Require the Secretary of Defense to transition to
the Chairman of the Joint Chiefs of Staff (CJCS) as a
Chairman's Controlled Activity all of the responsibilities
and functions of the Commander of United States Strategic
Command that are germane to electromagnetic spectrum
operations (EMSO); (2) Define additional responsibilities
related to EMSO for the Vice CJCS; and (3) Require the
combatant commanders and service chiefs to assess their plans
and programs for consistency with the Electromagnetic
Spectrum Superiority Strategy, the Joint Staff-developed
concept of operations, and operational requirements.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to consolidate electromagnetic spectrum
operations within 2 years to an appropriate entity within the
Department of Defense. Additionally, the chiefs of the
services are required to evaluate the Armed Forces'
capability to perform electromagnetic spectrum operations.
Cryptographic modernization schedules (sec. 153)
The Senate amendment contained a provision (sec. 174) that
would require each of the Secretaries of the military
departments and the heads of relevant Defense agencies and
field activities to establish and maintain a cryptographic
modernization schedule that specifies, for each pertinent
weapon system, command and control system, or datalink: (1)
The expiration date for applicable cryptographic algorithms;
(2) Anticipated key extension requests; and (3) The funding
and deployment schedule for modernized cryptographic
algorithms, keys, and equipment over the future years defense
program. The provision would also require the Department of
Defense Chief Information Officer (CIO) to oversee the
implementation of these scheduled investments and amend these
plans, should they pose unacceptable risk to military
operations. Finally, the provision would require the CIO to
annually notify the congressional defense committees of any
failures to meet these planned schedules.
The House bill contained no similar provision.
The House recedes clarifying amendment.
Department of Defense participation in the Special Federal
Aviation Regulation Working Group (sec. 154)
The Senate amendment contained a provision (sec. 178) that
would require the Secretary of Defense, or a designee of the
Secretary of Defense, to designate aircraft fulfilling urgent
operational needs for the Department of Defense as State
Aircraft if there exist Special Federal Aviation Regulations
that would impact their ability to perform these missions.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Department of Defense to designate representatives to the
Special Federal Aviation Regulation Working Group.
Additionally, not later than June 30, 2021, the working group
would be required to report their findings and
recommendations to the Congress. Finally, the provision would
require that any use of foreign contract aviation support to
be certified by the Secretary of Defense as being required
for national security and that the Department has exhausted
all available authorities to use domestic companies.
Integrated air and missile defense assessment (sec. 155)
The Senate amendment contained a provision (sec. 111) that
would require the Secretary of the Army to conduct a
classified assessment of the capability and capacity of
current and planned integrated air and missile defense (IAMD)
capabilities to meet combatant commander requirements for
major operations against near-peer competitors and other
global operations in support of the National Defense
Strategy.
The House bill contained no similar provision.
The House recedes with an amendment that directs the
Chairman of the Joint Chiefs of Staff to conduct the IAMD
assessment, requires a certification of Department of Defense
Directive 5100.01 regarding integrated air and missile
defense, and adds subsequent briefings by the military
departments.
The conferees believe it is critical that the Department
holistically assess current and future IAMD capability gaps
in light of emerging advanced missile threats from near-peer
competitors and rogue nations, and develop a comprehensive
plan to address these gaps. The Department should prioritize
in this assessment the need for a joint command and control
architecture to effectively integrate capabilities across the
joint force to achieve an integrated, layered, and robust
defense.
Joint strategy for air base defense against missile threats
(sec. 156)
The Senate amendment contained a provision (sec. 150) that
would require the Chief of Staff of the Air Force (CSAF), in
consultation with the Chief of Staff of the Army, to produce
a development and acquisition strategy to procure a
capability to protect air bases and prepositioned sites in
the contested environments highlighted in the National
Defense Strategy. The provision would require the CSAF to
submit the strategy to the congressional defense
committees not later than March 1, 2021. Additionally, the
provision would limit the obligation or expenditure of
fiscal year 2021 funds for operation and maintenance for
the Office of the Secretary of the Air Force and the
Office of the Secretary of the Army to 50 percent of those
funds until 15 days after submission of the strategy
required by the provision.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Chief of Staff of the Air Force and the Chief of Staff of the
Army to develop a strategy and coordinate efforts for the
defense of air bases and prepositioned sites outside the
continental United States from current and emerging missile
threats and would remove the funding limitations.
Joint All Domain Command and Control requirements (sec. 157)
The Senate amendment contained a provision (sec. 182) that
would require the Joint Requirements Oversight Council (JROC)
to produce Joint All Domain Command and Control (JADC2)
requirements no later than April 1, 2021. The provision would
also require, immediately after the certification of
requirements, the Chief of Staff of the Air Force to provide
a certification to the congressional defense committees that
the current JADC2 efforts, including programmatic

[[Page H6594]]

and architecture efforts, being led by the Air Force will
meet the requirements laid out by the JROC. Additionally,
each service chief would be required to certify to the
congressional defense committees that his or her respective
service efforts in multi domain command and control are
compatible with the Air Force-led architecture no later than
July 1, 2021. Finally, the Secretary of Defense would be
required to incorporate the expected costs for full
development and implementation across the Department of
Defense in the fiscal year 2022 budget request.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Expansion of economic order quantity contracting authority
for F-35 aircraft program (sec. 158)
The Senate amendment contained a provision (sec. 141) that
would authorize the Secretary of Defense to award F-35
contracts to procure material and equipment in economic order
quantities for fiscal year 2021 (Lot 15) through fiscal year
2023 (Lot 17).
The House bill contained no similar provision.
The House recedes with an amendment that would raise the
dollar ceiling of the authority to enable all previously
planned economic order quantity purchases for contracts to be
awarded during fiscal years 2021, 2022, and 2023 that was
granted by section 162 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92).
Documentation relating to the F-35 aircraft program (sec.
159)
The House bill contained a provision (sec. 131) that would
require the Secretary of Defense to provide the congressional
defense committees with certain information and
certifications by the Secretary regarding F-35 program cost,
schedule, risk, program execution, and significant deficiency
resolution plans in the areas of production, Block 4 hardware
and software development, modernization, upgrades and
training systems before entering full-rate production or a
Milestone C acquisition decision could be authorized by the
Secretary.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would
not require the certifications and information be submitted
to the congressional defense committees prior to the Defense
Acquisition Board convening for the F-35 program to evaluate
its readiness for full-rate production or the Milestone C
acquisition award.
The conferees note that although the provision does not
require submission of the certifications and information as a
prerequisite to the Secretary's authorization of either the
full-rate production decision or approval of Milestone C, the
conferees expect the Secretary to consider and evaluate
similar-type information during the Defense Acquisition Board
deliberations.
F-35 aircraft munitions (sec. 160)
The Senate amendment contained a provision (sec. 179) that
would require the Secretary of the Air Force and Secretary of
the Navy to qualify and certify, for the use by the U.S.
military, additional munitions for the F-35 aircraft that are
already qualified for North Atlantic Treaty Organization
member F-35 partner aircraft.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
require any weapons certification to be accomplished in
coordination with the Director of the F-35 Joint Program
Office.
Redesign strategy for the Autonomic Logistics Information
System for the F-35 fighter aircraft (sec. 161)
The Senate amendment contained a provision (sec. 177) that
would address the lack of strategy to clearly identify and
assess the goals, key risks or uncertainties, and costs of
redesigning the Autonomic Logistics Information System (ALIS)
by requiring the Under Secretary of Defense for Acquisition
and Sustainment, in consultation with the F-35 Program
Executive Officer, no later than October 1, 2020, to: (1)
Develop a program-wide process for measuring, collecting, and
tracking information on how the ALIS is affecting the
performance of the F-35 fleet, to include, but not be limited
to, its effects on mission capability rates; and, (2)
Implement a strategy for the redesign of the ALIS.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Under Secretary of Defense for Acquisition and Sustainment
and the F-35 Program Executive Officer to also develop system
performance metrics for the new Operational Data Integrated
Network (ODIN) and to include in the quarterly updates,
required by section 155 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), information regarding how ALIS is affecting F-35
fleet performance and the Department's progress of
developing, procuring, and fielding the F-35 ODIN system.
Briefings on software regression testing for F-35 aircraft
(sec. 162)
The House bill contained a provision (sec. 132) that would
require the Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Director, Operational
Test and Evaluation, to provide the congressional defense
committees with a notification not later than 30 days after
F-35 air vehicle or mission systems production software is
released to units under the F-35 program's continuous
capability development and delivery process.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would
require the Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Director, Operational
Test and Evaluation, to instead include in the quarterly
briefings to the congressional defense committees, required
by section 155 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
information updates on software regression testing for the
mission systems production software for the F-35 aircraft.
Additionally, the conferees are overall generally concerned
with the software development, testing, fielding practices,
processes, and shortened release periodicity that
stakeholders within the F-35 enterprise are currently
employing. The conferees also note that a large amount of
unanticipated software repair and replacement due to
nonstandard software development methodologies and practices
implemented during the original construction of the software
has accumulated over the years. Most recently, this issue
caused a significant event to occur in which the program was
forced to skip the fielding of the fifth major release of
software due to these lingering, unknown software technical
issues that were noted to be resident and undiscovered during
the development and testing of the second major release of
software that was developed and fielded many years ago. The
conferees believe that unless program officials both inside
and outside the U.S. Government involved in the F-35 program
singularly address and positively resolve the significant
issues within the software enterprise, the enhanced and
necessary capabilities that are planned to be fielded by
Block IV and Technical Refresh III activities may not be
actually realized.
Prohibition on use of funds for the Armed Overwatch Program
(sec. 163)
The House bill contained a provision (sec. 134) that would
prohibit the obligation or expenditure of any funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2021 for procurement for the Armed
Overwatch Program of United States Special Operations Command
(SOCOM) until the Secretary of Defense and Commander of SOCOM
review, validate, and certify the Armed Overwatch Program.
This provision would also require the Secretary of Defense to
review the roles and responsibilities of the Air Force and
SOCOM with respect to close air support and armed
intelligence, surveillance, and reconnaissance capabilities,
and upon favorable determination, certify armed overwatch as
a special operations forces-peculiar requirement. The
provision would also require the Commander of SOCOM to
provide a comprehensive requirements plan and roadmap
analyzing application of the armed overwatch capability
against the totality of intelligence, surveillance, and
reconnaissance (ISR) requirements of the various special
operations forces (SOF) units and missions, and the
geographic combatant commands.
The Senate amendment contained a provision (sec. 176) that
would prohibit the use of funds authorized to be appropriated
by this Act for the Department of Defense for armed overwatch
aircraft in fiscal year 2021 and would require a
comprehensive analysis by the Assistant Secretary of
Defense for Special Operations and Low-Intensity Conflict
and the Commander of SOCOM.
The Senate recedes with an amendment that would prohibit
the use of funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense to
acquire armed overwatch aircraft for SOCOM and prohibits the
Department of Defense from procuring armed overwatch aircraft
for SOCOM in fiscal year 2021 and prohibits the United States
Air Force from procuring armed overwatch aircraft in fiscal
years 2021 through 2023.
The conferees recognize the importance of providing
deployed SOF elements with the resources, enhanced
situational awareness, and close air support capabilities
required to be successful in austere environments. The
conferees note that the Committees on Armed Services of the
Senate and the House of Representatives previously directed
SOCOM in response to a fiscal year 2020 above threshold
reprogramming request to undertake a comprehensive analysis
of SOCOM's armed overwatch requirements and potential
materiel solutions for both manned and unmanned capabilities,
inclusive of any potential modifications to extant
capabilities. Further, the response also stressed the
necessity of a thorough analysis of the future threat
environment and impacts to concept survivability, potential
changes to future doctrine, force employment, and the
associated impacts to aircrew training and retention.
Acceleration of development and fielding of counter unmanned
aircraft systems across the joint force (sec. 164)
The Senate amendment contained a provision (sec. 181) that
would require the executive agent of the Joint Counter Small
Unmanned Aerial Systems office to prioritize counter-unmanned
aerial systems that can be fielded in fiscal year 2021 and
develop a near-term plan to effect that fielding.
The House bill contained no similar provision.

[[Page H6595]]

The House recedes with a clarifying amendment.
Airborne intelligence, surveillance, and reconnaissance
acquisition roadmap for United States Special Operations
Command (sec. 165)
The Senate amendment contained a provision (sec. 180) that
would require, not later than December 1, 2021, the Assistant
Secretary of Defense for Special Operations and Low-Intensity
Conflict and the Commander, United States Special Operations
Command, to 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.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
required elements of the acquisition roadmap.
Prohibition on divestiture of manned intelligence,
surveillance, and reconnaissance aircraft operated by
United States Special Operations Command (sec. 166)
The Senate amendment contained a provision (sec. 371) that
would prohibit the use of any funds authorized to be
appropriated by this Act to divest any manned intelligence,
surveillance, and reconnaissance (ISR) aircraft operated by
the United States Special Operations Command (SOCOM) and
would prohibit the Department of Defense from divesting any
manned ISR aircraft operated by SOCOM in fiscal year 2021.
The House bill contained no similar provision.
The House recedes with an amendment that would exempt from
the prohibition the divestment of aircraft that is ongoing as
of the date of the enactment of this Act.
Notification on efforts to replace inoperable ejection seat
aircraft locator beacons (sec. 167)
The House bill contained a provision (sec. 133) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to provide the congressional defense committees a
semiannual written notification about the efforts being
undertaken by the senior acquisition executives of the
Department of the Air Force and the Department of the Navy to
replace emergency locator seat beacons in ejection-seat
equipped aircraft that have been found to be inoperable in
water, and the funding budgeted for such efforts. The Under
Secretary would be required to report on the issue until
locator beacons are replaced in all affected ejection-seat
equipped aircraft or a period of 5 years has elapsed since
the date the initial report is received by the congressional
defense committees.
The Senate amendment contained no similar provision.
The Senate recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Liquified natural gas pilot program
The House bill contained a provision (sec. 112) that would
require the Secretary of the Navy to carry out a pilot
program under which the Secretary would experiment and
innovate within the fleet using liquified natural gas (LNG)
technology to retrofit, modify, or build vessels capable of
dual fueling (diesel and liquified natural gas) or powered by
liquified natural gas alone.
The Senate amendment contained no similar provision.
The House recedes. The conferees direct the Secretary of
the Navy to brief the Committees on Armed Services of the
Senate and the House of Representatives not later than March
31, 2021, on the feasibility and advisability of expanding
the use of LNG to support fleet or installation operations.
Limitation on production of KC-46A aircraft
The House bill contained a provision (sec. 126) that would
prohibit purchasing more than the 12 KC-46A aircraft in
fiscal year 2021 until certain category-one deficiencies are
fixed. This provision would also require the Secretary of the
Air Force to provide a report by February 1, 2021, on the
schedule for the correction of each category-one deficiency
described, a plan to engage an independent test organization
to verify the effectiveness of any proposed solutions to such
category-one deficiencies; and an acquisition strategy for
the aircraft that identifies principal acquisition
milestones; and will ensure that there is sufficient
competition for the procurement of a nondevelopmental tanker
aircraft at the conclusion of the KC-46A production contract.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Secretary of the Air Force has
ordered 67 KC-46A aircraft to date. Unfortunately, the KC-46A
aircraft has several category one deficiencies including a
deficient Remote Vision System (RVS) that is not scheduled to
be corrected until September 2023. Additionally, the
conferees note that Director, Operation Test and Evaluation
and the Assistant Secretary of the Air Force for Acquisition,
Technology and Logistics have agreed to extend the ongoing
Initial Operational Test and Evaluation until after the RVS
deficiency is resolved and tested. Finally, the conferees
understand that the Assistant Secretary of the Air Force for
Acquisition, Technology and Logistics has deferred a Full-
Rate Production decision until after Initial Operational Test
and Evaluation is complete. The conferees support sufficient
testing to ensure an operationally capable aircraft and the
decision to defer the full rate production. The conferees
believe it is imperative to expeditiously correct the
entirety of these category one deficiencies to ensure the KC-
46A can perform their full mission both in peace and in war.
Assessment and certification relating to OC-135 aircraft
The House bill contained a provision (sec. 127) that would
prohibit the Air Force from retiring, or preparing to retire,
any OC-135 aircraft in fiscal year 2021 until 90 days after
the date on which the Secretary of the Air Force provides a
report and a certification to the congressional defense
committee on the feasibility and cost effectiveness of using
the OC-135 aircraft to fulfill other aerial imagery
requirements for alternative missions.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Air Force, no
later than March 1, 2021, to provide the congressional
defense committees a report on the advisability, feasibility,
and cost effectiveness of using the OC-135 aircraft as well
as the newly fielded digital visual imaging system to fulfill
other aerial imagery requirements for alternative missions.
Report on carrier wing composition
The Senate amendment contained a provision (sec. 127) that
would direct the Secretary of the Navy, in consultation with
the Chief of Naval Operations and Commandant of the Marine
Corps, to submit a report to the congressional defense
committees, not later than May 1, 2021, on the optimal
compositions of the carrier air wing in 2030 and 2040, as
well as alternative force design concepts.
The House bill contained no similar provision.
The Senate recedes.
Briefing on payload hosting on modular supersonic aircraft
The House bill contained a provision (sec. 130A) that would
require the Secretary of the Air Force to provide a briefing
to the Committees on Armed Services of the Senate and the
House of Representatives on the potential use of a modular
civil supersonic aircraft to host multiple mission payloads
not later than 120 days after the date of the enactment of
this Act.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Air Force to
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives on the potential use
of a modular civil supersonic aircraft to host multiple
mission payloads not later than March 1, 2021.
Minimum aircraft levels for major mission areas
The Senate amendment contained a provision (sec. 142) that
would establish a minimum number of primary aircraft
inventory levels for each major mission area of the Air Force
to mitigate near-term operational risk. The provision would
prohibit divestment of aircraft below these minima unless the
Secretary of the Air Force certifies to the congressional
defense committees that a reduction below minima was
justified by the results of new capability and requirements
studies.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Air Force has been challenged
over many years by programmatic concurrency to develop and
field more modern and capable replacement aircraft, in
support of the National Defense Strategy and against advanced
threats, within planned budgets and schedules. The conferees
are frustrated that the Air Force consistently implements a
strategy to accept increased operational risk by divesting
legacy aircraft capacity to address replacement program
unplanned cost growth. Conferees have historically expressed
concern over those same years that the divestment of legacy
aircraft traditionally does not yield sufficient resources to
fund modernization. The conferees expect the Air Force to
find alternative means in the future to effectively and
affordably budget for deficiencies in its modernization and
recapitalization programs that would avoid increasing
operational risk beyond currently assessed levels.
Limitation on divestment of KC-10 and KC-135 aircraft
The Senate amendment contained a provision (sec. 147) that
would prohibit the divestment of KC-10 and KC-135 aircraft in
excess of the following: in fiscal year 2021, 6 KC-10s; in
fiscal year 2022, 12 KC-10s; and, in fiscal year 2023, 12 KC-
10s and 14 KC-135s.
The House bill contained a similar provision.
The Senate recedes as the provision is addressed elsewhere
in this Act.
Prohibition on purchase of armed overwatch aircraft
The Senate amendment contained a provision (sec. 175) that
states the Secretary of the Air Force may not purchase any
aircraft for the purpose of ``armed overwatch'' until such
time as the Chief of Staff of the Air Force certifies to the
congressional defense committees that general purpose forces
of the Air Force do not have the skill or capacity to provide
close air support and armed overwatch to the United States
forces deployed operationally.

[[Page H6596]]

The House bill contained no similar provision.
The Senate recedes.
The conferees note that elsewhere in this Act is a
provision that would prohibit the Department of Defense from
procuring armed overwatch aircraft for the Air Force in
fiscal years 2021 through 2023.
Sense of Congress on the Additive Manufacturing and Machine
Learning Initiative of the Army
The House bill contained a provision (sec. 278) that
expressed the sense of Congress about the potential of and
support for the additive manufacturing and machine learning
initiative of the Army.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize that the Army's additive
manufacturing and machine learning initiative has the
potential to accelerate the ability to deploy additive
manufacturing capabilities in expeditionary settings and
strengthen the U.S. defense industrial supply chain. The
conferees encourage the Department of Defense to continue to
support this additive manufacturing and machine learning
initiative.
Assessment of Medium-Heavy Lift Helicopter Plans of the Army
The Senate amendment contained a provision (sec. 5111) that
would require the Secretary of Defense, in consultation with
the Secretary of the Army, to analyze and submit a report on
the CH-47F Block-II upgrade.
The House bill contained no similar provision.
The Senate recedes.
The conferees recognize the critical importance of ensuring
robust, modern, medium-heavy lift helicopter capability
within the Army. The conferees note the Department's decision
to delay pursuing the CH-47F Chinook Block-II upgrade and are
concerned about the impact this decision will have on
warfighting capability, operational readiness, and the
medium-heavy lift helicopter industrial base.
Therefore, the conferees direct the Director of Cost
Assessment and Program Evaluation, in consultation with the
Secretary of the Army, to conduct an assessment of the Army's
plans for medium-heavy lift helicopters and provide a report
to the congressional defense committees no later than 90 days
after the enactment of this Act. The assessment should
include: (1) Analysis of the projected long-term readiness
and operational availability of the CH-47F aircraft in view
of the decision to delay the Block-II upgrade; (2) An
evaluation of the Army's plans, to include the timeline, for
Future Vertical Lift Capability Set 5 to sustain medium-heavy
lift capacity within the Army; and (3) A review of the
medium-heavy lift helicopter industrial base to meet current
and projected needs.
Report on fiscal year 2022 budget request requirements in
connection with Air Force operations in the Arctic
The Senate amendment contained a provision (sec. 6002) that
would require the Secretary of the Air Force to submit to the
congressional defense committees, not later than 30 days
after submission of the budget justification documents to the
Congress in support of the budget of the President for fiscal
year 2022 (as submitted pursuant to section 1105 of title 31,
United States Code), a report that would include the
following:
(1) A description of the manner in which amounts requested
for the Air Force in the budget for fiscal year 2022 support
Air Force operations in the Arctic;
(2) A list of the procurement initiatives and research,
development, test, and evaluation initiatives funded by that
budget that are primarily intended to enhance the ability of
the Air Force to deploy to or operate in the Arctic region,
or to defend the northern approach to the United States
homeland; and
(3) An assessment of the adequacy of the infrastructure of
Air Force installations in Alaska and in the States along the
northern border of the continental United States to support
deployments to and operations in the Arctic region, including
an assessment of runways, fuel lines, and aircraft
maintenance capacity for purposes of such support.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Air Force to
submit to the congressional defense committees, not later
than 30 days after submission of the budget justification
documents to the Congress in support of the budget of the
President for fiscal year 2022 (as submitted pursuant to
section 1105 of title 31, United States Code), a report that
would include the following:
(1) A description of the manner in which amounts requested
for the Air Force in the budget for fiscal year 2022 support
Air Force operations in the Arctic;
(2) A list of the procurement initiatives and research,
development, test, and evaluation initiatives funded by that
budget that are primarily intended to enhance the ability of
the Air Force to deploy to or operate in the Arctic region,
or to defend the northern approach to the United States
homeland; and
(3) An assessment of the adequacy of the infrastructure of
Air Force installations in Alaska and in the States along the
northern border of the continental United States to support
deployments to and operations in the Arctic region, including
an assessment of runways, fuel lines, and aircraft
maintenance capacity for purposes of such support.

Title II--Research, Development, Test, And Evaluation

Subtitle A--Authorization of Appropriations

Authorization of appropriations (sec. 201)
The House bill contained a provision (sec. 201) that would
authorize appropriations for research, development, test, and
evaluation at the levels identified in section 4201 of
division D of this Act.
The Senate amendment contained an identical provision (sec.
201).
The conference agreement includes this provision.

Subtitle B--Program Requirements, Restrictions, and Limitations

Modification of requirements relating to certain cooperative
research and development agreements (sec. 211)
The House bill contained a provision (sec. 213) that would
amend section 2350a of title 10, United States Code, by
allowing the Secretary of Defense to delegate his or her
authority to make a determination to enter into a cooperative
research and development project to only one party. It would
also allow for cooperative research and development
projects when cost sharing is unequal in cases that
provide strategic value to the United States or partner
country. This section would also allow the Secretary, or
designee, to procure qualified services from the foreign
entity with the requirement that written notice must be
sent to the congressional defense committees, the
Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate no later than 30 days before issuing a waiver.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove the
procurement of qualified services and associated written
notice.
Disclosure requirements for recipients of Department of
Defense research and development funds (sec. 212)
The Senate amendment contained a provision (sec. 220) that
would amend chapter 139 of title 10, United States Code, by
adding a new section on disclosure requirements for
recipients of Department of Defense research and development
grants with an effective date of October 1, 2021.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
disclosure requirements.
Modification of national security innovation activities and
pilot program on strengthening the defense industrial and
innovation base (sec. 213)
The House bill contained a provision (sec. 218) that would
amend section 2358 of title 10, United States Code, by
realigning the National Security Innovation Capital (NSIC)
program under the Defense Innovation Unit and establishing an
advisory board to provide recommendations on defense
innovation priority investments once NSIC funding is
available. This section would also amend section 2505 of
title 10, United States Code, by extending the Defense
Manufacturing pilot program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would retain the
existing alignment of NSIC, and, instead of establishing an
advisory board, look to the advice and assistance of existing
Federal Advisory Committees.
The conferees direct the Under Secretary of Defense for
Research and Engineering to consider advice and assistance
from the Defense Innovation Board, the Defense Science Board,
and the Defense Business Board.
Updates to Defense Quantum Information Science and Technology
Research and Development program (sec. 214)
The Senate amendment contained a provision (sec. 215) that
would amend the Defense Quantum Information Science and
Technology Research and Development Program, established in
section 234 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
by directing each of the Secretaries of the military
departments to develop more robust programs for quantum
computing capabilities.
The House bill contained no similar provision.
The House recedes.
Establishment of Directed Energy Working Group (sec. 215)
The House bill contained a provision (sec. 225) that would
establish a Directed Energy Working Group inside the
Department of Defense to coordinate directed energy efforts
across the military services, leverage shared research and
development, eliminate redundant efforts, and expedite the
operationalization of directed energy programs.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Extension of pilot program for the enhancement of the
research, development, test, and evaluation centers of
the Department of Defense (sec. 216)
The House bill contained a provision (sec. 219) that would
extend the termination date by 5 years for the pilot program
for the enhancement of the research, development,

[[Page H6597]]

test, and evaluation centers of the Department of Defense
established in section 233 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
This section would require the Secretary of Defense to submit
a report to the congressional defense committees not later
than 1 year after the date of the enactment of this Act on
the status of the pilot program.
The Senate amendment contained a similar provision (sec.
214).
The Senate recedes with a technical amendment.
Designation of senior officials for critical technology areas
supportive of the National Defense Strategy (sec. 217)
The Senate amendment contained a provision (sec. 211) that
would require the Under Secretary of Defense for Research and
Engineering (USD(R&E)) to designate a group of senior
Department of Defense officials who would be responsible for
coordinating research and engineering in technology areas
deemed critical to the National Defense Strategy (NDS). Each
of the designated senior officials would be responsible for a
particular technology area and would continuously and
iteratively build the pathways necessary to develop new
technologies vital to the modernization priorities of the
NDS. The officials' responsibilities would encompass
technical, logistical, and financial dimensions and would
include coordination with international, interagency, and
private sector organizations. The provision would also
require the designated senior officials to coordinate with
the appropriate intelligence agencies to develop direct
comparisons between the capabilities of the United States and
the adversaries of the United States.
The provision would also require that the USD(R&E) provide
an annual report to the congressional defense committees
regarding successful advances in research and engineering and
technology transition and adoption following the
implementation of the provision.
The House bill contained no similar provision.
The House recedes with a conforming amendment to Section
218 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364).
Executive agent for autonomy (sec. 218)
The House bill contained a provision (sec. 226) that would
create a Program Executive Officer (PEO) for autonomy within
the Navy.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require an
existing PEO within the Department of the Navy to be
designated the acquisition executive agent for autonomy.
National security innovation partnerships (sec. 219)
The House bill contained a provision (sec. 215) that would
amend chapter 139 of title 10, United States Code, by
inserting a new section, 2358c National Security Innovation
Network. This new section would establish a program office to
be known as the National Security Innovation Network as a
permanent office within the Under Secretary of Defense for
Research and Engineering or another organization at the
discretion of the Secretary of Defense. This section would
require the Comptroller General of the United States to
submit a review of the report to the congressional defense
committees not later than 180 days after the Secretary's
implementation report. Finally, this section would require
the Comptroller General to review and submit an evaluation of
the program to the appropriate congressional committees not
later than 3 years after the date of the enactment of this
Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that establishes an
activity on national security innovation partnerships. The
amendment includes modifications to the elements of the
activity and modifications to the implementation.
The conferees direct the Comptroller General of the United
States to complete an evaluation of the activity established
by this section and submit to the congressional defense
committees a report on the results of the evaluation not
later than 3 years after the date of the enactment of this
Act.
Social science, management science, and information science
research activities (sec. 220)
The House bill contained a provision (sec. 221) that would
direct the Secretary of Defense to carry out a social,
management, and information science research and development
program to ensure the Department of Defense has access to
innovation and expertise in social, management, and
information science necessary for improving the effectiveness
and efficiency of executing Department of Defense operational
and management activities. This section would require the
Secretary to submit a report by December 31, 2022, to the
congressional defense committees on the program, in both a
classified and unclassified format.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to modify the program
purposes, activities, and research and transition activities.
Accountability measures relating to the Advanced Battle
Management System (sec. 221)
The House bill contained a provision (sec. 227) that would
require the Director of Cost Assessment and Program
Evaluation to conduct an independent assessment of life-cycle
costs for the Advanced Battle Management System (ABMS) and
review any cost estimate of the system prepared by the
Department of the Air Force. The provision would also require
the Secretary of the Air Force to report to the congressional
defense committees on the planned capabilities, acquisition
authorities, and security measures related to ABMS.
The Senate amendment contained a similar provision (sec.
238) that would require the Secretary of the Air Force to
submit specific documentation germane to the Advanced Battle
Management System immediately upon enactment of this Act.
The Senate recedes with a clarifying amendment that would
require the Secretary of the Air Force to consult with the
Director of Cost Assessment and Program Evaluation and
conduct an initial cost estimate for each ABMS product
category.
The conferees appreciate the rationale for ABMS and support
the objective of comprehensive, interoperable battle
management and command and control. The conferees maintain
that better definition of anticipated ABMS capabilities and
costs will focus both congressional oversight and service
development and execution of the ABMS family of systems.
Activities to improve fielding of Air Force hypersonic
capabilities (sec. 222)
The Senate amendment contained a provision (sec. 219) that
would express a sense of Congress regarding the importance of
hypersonic capabilities, require the Secretary of Defense to
increase the flight test rate as necessary to expedite
maturation and fielding of hypersonic technologies, and
require a report from the Under Secretary of Defense for
Research and Engineering regarding a strategy to deliver air-
launched and air-breathing hypersonic weapons within 3 years.
The House bill contained no similar provision.
The House recedes with an amendment that would strike the
sense of Congress, and modify the reporting requirement to be
delivered by the Secretary of the Air Force, including
acquisition program baseline equivalent information and an
assessment of testing and infrastructure needed to support
the development strategy.
Disclosure of funding sources in applications for Federal
research and development awards (sec. 223)
The House bill contained a provision (sec. 229) that would
require Federal research agencies to require any principal
investigator or co-principal investigator under a grant or
cooperative agreement to disclose all current and pending
support and the sources of such support at the time of the
application.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
disclosure requirement, enforcement, and definitions. The
conferees expect the Secretary of Defense to apply the
requirements of this section to all appropriate research,
development, test and evaluation activities.
Governance of fifth-generation wireless networking in the
Department of Defense (sec. 224)
The Senate amendment contained a provision (sec. 212) that
would establish a cross-functional team (CFT) for fifth-
generation (5G) wireless networking and designate the Chief
Information Officer of the Department of Defense, in carrying
out the responsibilities established in section 142 of title
10, United States Code, to lead the CFT and serve as the
senior designated official for fifth-generation wireless
networking policy, oversight, guidance, and coordination in
the Department.
The House bill contained no similar provision.
The House recedes with amendments to direct the transition
of 5G wireless networking to operational use, to modify the
effective date of the responsibilities, and to require a 5G
telecommunications security program.
Demonstration project on use of certain technologies for
fifth-generation wireless networking services (sec. 225)
The Senate amendment contained a provision (sec. 233) that
would require the Department of Defense to demonstrate
virtualized radio access network and network core
technologies and massive multiple input multiple output radio
array technology for commercial use that is globally
competitive in terms of cost and performance. The provision
would require that this technology demonstration be conducted
at one or more of the sites where the Department is deploying
fifth generation network instances.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Research, development, and deployment of technologies to
support water sustainment (sec. 226)
The Senate amendment contained a provision (sec. 218) that
would require the Secretary of Defense to research, develop,
and deploy advanced technologies that support water
sustainment with technologies that capture ambient humidity
and harvest, recycle, and reuse water.
The House bill contained no similar provision.
The House recedes.
Limitation on contract awards for certain unmanned vessels
(sec. 227)
The House bill contained a provision (sec. 230) that would
prohibit the procurement of

[[Page H6598]]

any large unmanned surface vessels in fiscal year 2021 until
a certification regarding technology maturity has been
submitted to the Congress, as well as prohibit the inclusion
of offensive weapons systems in such vessels until the
Secretary of Defense certifies how these systems will comply
with the Law of Armed Conflict.
The Senate amendment contained a similar provision (sec.
237) that would require the submission of a certification by
the Under Secretary of Defense for Research and Engineering
prior to contracting for certain vessels.
The House recedes with an amendment that would change the
submitter of the certification to the Secretary of the Navy,
remove unmanned underwater vehicles as covered vessels, and
add a limitation on the integration of offensive weapons into
covered vessels until an analysis of alternatives is
conducted and a Secretary of Defense certification is made.

Subtitle C--Artificial Intelligence and Emerging Technology

Modification of biannual report on the Joint Artificial
Intelligence Center (sec. 231)
The House bill contained provisions (sec. 250 and sec. 917)
that would modify the biannual report on the Joint Artificial
Intelligence Center (JAIC) required in the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) to
include reporting on efforts to develop or contribute to the
development of artificial intelligence standards at the
industry, Department of Defense, interagency, and
international levels. The Act would be further amended to
include reporting on the billets assigned to uniformed
servicemembers immediately after departing assignments at or
supporting the JAIC.
The Senate amendment contained similar provisions (sec. 952
and sec. 5241) that would require the Secretary of Defense to
provide a briefing on the feasibility and current status of
assigning uniformed military personnel to the JAIC as well as
the costs and benefits of such an arrangement. The Secretary
would also be required to provide a report on the role of the
Department in developing artificial intelligence standards.
The Senate recedes with an amendment that would modify the
biannual report on the JAIC required in the National Defense
Authorization Act for Fiscal Year 2020 to include an
assessment of Department of Defense efforts on standard-
setting in the field of artificial intelligence, information
on post-JAIC assignments for servicemembers previously
supporting the JAIC, and an annual update on the status of
Active-Duty servicemembers assigned to the JAIC.
Modification of joint artificial intelligence research,
development, and transition activities (sec. 232)
The House bill contained a provision (sec. 217) that would
amend section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
by assigning responsibility for the Joint Artificial
Intelligence Center (JAIC) to the Deputy Secretary of Defense
and ensure data access and visibility for the JAIC.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
modifications to the amendments to section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019.
Board of advisors for the Joint Artificial Intelligence
Center (sec. 233)
The House bill contained a provision (sec. 224) that would
direct the Secretary of Defense to create and resource a
Board of Directors for the Joint Artificial Intelligence
Center (JAIC), comprised of senior Department of Defense
officials, as well as civilian directors not employed by the
Department of Defense. The objective would be to have a
standing body over the JAIC that can bring governmental and
non-governmental experts together for the purpose of
assisting the Department of Defense in correctly integrating
and operationalizing artificial intelligence technologies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change the
Board of Directors to a Board of Advisors and modify the
duties, membership, and logistics of the Board of Advisors.
Application of artificial intelligence to the defense reform
pillar of the National Defense Strategy (sec. 234)
The Senate amendment contained a provision (sec. 213) that
would require the Secretary of Defense to identify no fewer
than five use cases for existing artificial intelligence
technologies that are consistent with reform efforts that
support the National Defense Strategy. The provision would
further require the Secretary, acting through such offices
as deemed appropriate within the Department, to
demonstrate the use of commercially available technologies
for the use cases identified and provide a briefing to the
congressional defense committees on all activities carried
out in compliance with this provision.
The House bill contained no similar provision.
The House recedes.
Acquisition of ethically and responsibly developed artificial
intelligence technology (sec. 235)
The House bill contained provisions (sec. 248 and sec.
1053) that would require the Secretary of Defense, acting
through the board of the Joint Artificial Intelligence Center
(JAIC) to conduct an assessment on whether the Department of
Defense has the ability to ensure any artificial intelligence
technology the Department acquires is ethically and
responsibly developed. The provision would require the
Secretary to submit to the congressional defense committees a
report upon completion of the assessment, including results
and measures to mitigate any deficiencies identified in the
assessment.
The JAIC would also be prohibited from obligating or
expending any funds otherwise made available for fiscal year
2021 to acquire or develop new artificial intelligence
systems unless the Department of Defense or the vendor assess
or commit to assessing the potential of the system to
discriminate on the basis of several protected
characteristics. The Department of Defense or the vendor
would also be required to address any discriminatory bias
identified and ensure the system conforms to Department of
Defense artificial intelligence ethics principles before
funds could be obligated or expended on said system.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike the
prohibition on funding for the JAIC with its concomitant
restrictions, replace the report on the Secretary of
Defense's assessment with a briefing, and expand the scope of
the Secretary's assessment to include underused expertise
already within the Department.
Steering committee on emerging technology (sec. 236)
The House bill contained a provision (sec. 241) that would
establish a steering committee on emerging technology and
national security threats.
The Senate amendment contained no similar provision.
The Senate recedes with amendments to make establishment of
the committee permissive and to modify the purpose and
logistics of the committee.

Subtitle D--Education and Workforce Development

Measuring and incentivizing programming proficiency (sec.
241)
The House bill contained a provision (sec. 222) that would
direct the Secretary of Defense to 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.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense to provide special pay to civilian
employees of the Department of Defense who have been
certified as proficient in a computer or digital programming
language and are assigned duties requiring proficiency in
that programming language.
Modification of Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program (sec.
242)
The House bill contained a provision (sec. 211) that would
amend section 2192a of title 10, United States Code, by
establishing a scholarship for service pilot subprogram under
the Department of Defense's Science, Mathematics, and
Research for Transformation (SMART) Defense Education Program
for students at minority institutions to diversify and
strengthen the national security workforce. This section
would require the Secretary of Defense to submit an initial
report to the congressional defense committees by December
31, 2022 on the establishment of the pilot subprogram and a
final report by September 30, 2024 on the success of the
pilot program in recruiting individuals for scholarships
under this section and hiring and retaining those individuals
in the public sector workforce.
This section would also require the Secretary to pay
participants at a rate that is comparable to the private
sector and include a paid internship requirement with defense
industry, and it would require that not less than 20 percent
of SMART program scholarship awards go to individuals
pursuing degrees in computer science or a related field of
study.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment with modifications to
the SMART program, a modified provision on national security
workforce and educational diversity activities, and a
provision to increase coordination of scholarship and
employment programs of the Department of Defense.
Not later than December 31, 2022, the Secretary of Defense
shall submit to the congressional defense committees a report
on the establishment of activities responding to this
section. At a minimum, the report shall identify the number
of minority students participating in relevant programs as of
the date of the report, the fields of study pursued by such
students, and the institutions at which such students are
enrolled.
This language is also covered in sections 250 and 251 of
this Act.
Improvements to Technology and National Security Fellowship
of Department of Defense (sec. 243)
The Senate amendment contained a provision (sec. 217) that
would amend section 235 of the National Defense Authorization
Act

[[Page H6599]]

for Fiscal Year 2020 (Public Law 116-92) to increase the pay
range for participants in the Department of Defense
Technology and National Security Fellowship, executed by the
Under Secretary of Defense for Research and Engineering.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions (sec. 244)
The House bill contained a provision (sec. 232) that would
amend section 217 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91) by modifying
mechanisms for expedited access to technical talent and
expertise at academic institutions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
identified activities, including deleting a duplicate
reference to infrastructure resilience.
The conferees encourage the Department of Defense to
include Historically Black Colleges and Universities and
Minority Institutions in the establishment of these consortia
and direct that the report required include how many of these
institutions are consortia members.
Encouragement of contractor science, technology, engineering,
and mathematics (STEM) programs (sec. 245)
The House bill contained a provision (sec. 212) that would
amend chapter 111 of title 10, United States Code, to
establish a new section, 2192c, ``Program to enhance
contractor participation in science, technology, engineering,
and mathematics activities.'' This section would also direct
the Secretary of Defense to carry out a program under which
the Secretary shall seek to enter into partnerships with
Department of Defense contractors to carry out community
service activities to promote interest in careers in science,
technology, engineering, and math disciplines, and allow
those activities to be considered as allowable costs on a
Government contract.
The Senate amendment contained no similar provision.
The Senate recedes with amendments that would remove the
consideration of allowable cost and would instead modify an
existing provision of law, section 862 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81), that directs similar activities, to direct the
Department to establish a non-monetary award program to
recognize contractors who demonstrate excellence in such
activities.
Training program for human resources personnel in best
practices for technical workforce (sec. 246)
The House bill contained a provision (sec. 242) that would
direct the Secretary of Defense to develop and implement a
program to provide human resources personnel with training in
the fields of software development, data science, and
artificial intelligence, as such fields relate to the duties
of such personnel, not later than 1 year after the date of
the enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to develop and implement a 5-year pilot
program to provide certain human resources personnel with
training in public and private sector best practices for
attracting and retaining technical talent.
Pilot program on the use of electronic portfolios to evaluate
applicants for certain technical positions (sec. 247)
The House bill contained a provision (sec. 244) that would
direct the Secretary of Defense to carry out a pilot program
to evaluate applicants for technical positions within the
Department of Defense, in part, on electronic portfolios of
the applicant's work.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to carry out the pilot program for
certain technical positions at the Joint Artificial
Intelligence Center, the Defense Digital Service, and at
least one activity in each military department.
Pilot program on self-directed training in advanced
technologies (sec. 248)
The House bill contained a provision (sec. 245) that would
direct the Secretary of Defense to provide a list of approved
online courses relating to artificial intelligence that may
be taken by employees and military members on a voluntary
basis outside work hours not later than 180 days after the
date of the enactment of this Act. The section would also
require the Secretary to develop a system to reward those who
complete the courses.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would expand the
required online course catalog to include courses on certain
advanced technologies. The provision would also require the
Secretary of Defense to develop metrics to assess the success
of the pilot program, and to provide an incentive for
military and civilian personnel to complete the available
courses.
The conferees direct the Secretary of Defense to provide
briefings on activities to execute the requirements of this
section annually on March 1 of 2021, 2022, 2023, and 2024.
The conferees note that education on advanced technologies
will be particularly useful for senior civilian and military
leaders who are increasingly affected by technological
change, but may not have specific technical training or
education.
Part-time and term employment of university faculty and
students in the Defense science and technology enterprise
(sec. 249)
The House bill contained a provision (sec. 246) that would
direct the Secretary of Defense to establish a program under
which qualified professors and students may be employed on a
part-time or term basis in an organization of the Defense
science and technology enterprise for the purpose of
conducting a research project.
The Senate amendment contained a similar provision (sec.
216) that would implement a recommendation of the National
Security Commission on Artificial Intelligence and authorize
a pilot program to permit university students and faculty to
take on part-time and term employment at Department of
Defense laboratories to work on critical technologies and
research activities.
The House recedes with a technical amendment.
National security workforce and educational diversity
activities (sec. 250)
The House bill contained a provision (sec. 211) that would
amend section 2192a of title 10, United States Code, by
establishing a scholarship for service pilot subprogram under
the Department of Defense's Science, Mathematics, and
Research for Transformation (SMART) Defense Education Program
for students at minority institutions to diversify and
strengthen the national security workforce. This section
would require the Secretary of Defense to submit an initial
report to the congressional defense committees by December
31, 2022 on the establishment of the pilot subprogram and a
final report by September 30, 2024 on the success of the
pilot program in recruiting individuals for scholarships
under this section and hiring and retaining those individuals
in the public sector workforce.
This section would also require the Secretary to pay
participants at a rate that is comparable to the private
sector and include a paid internship requirement with defense
industry, and it would require that not less than 20 percent
of SMART program scholarship awards go to individuals
pursuing degrees in computer science or a related field of
study.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment with modifications to
the SMART program, a modified provision on national security
workforce and educational diversity activities, and a
provision to increase coordination of scholarship and
employment programs of the Department of Defense.
Not later than December 31, 2022, the Secretary of Defense
shall submit to the congressional defense committees a report
on the establishment of activities responding to this
section. At a minimum, the report shall identify the number
of minority students participating in relevant programs as of
the date of the report, the fields of study pursued by such
students, and the institutions at which such students are
enrolled.
This language is also covered in sections 242 and 251 of
this Act.
Coordination of scholarship and employment programs of the
Department of Defense (sec. 251)
The House bill contained a provision (sec. 211) that would
amend section 2192a of title 10, United States Code, by
establishing a scholarship for service pilot subprogram under
the Department of Defense's Science, Mathematics, and
Research for Transformation (SMART) Defense Education Program
for students at minority institutions to diversify and
strengthen the national security workforce. This section
would require the Secretary of Defense to submit an initial
report to the congressional defense committees by December
31, 2022 on the establishment of the pilot subprogram and a
final report by September 30, 2024 on the success of the
pilot program in recruiting individuals for scholarships
under this section and hiring and retaining those individuals
in the public sector workforce.
This section would also require the Secretary to pay
participants at a rate that is comparable to the private
sector and include a paid internship requirement with defense
industry, and it would require that not less than 20 percent
of SMART program scholarship awards go to individuals
pursuing degrees in computer science or a related field of
study.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment with modifications to
the SMART program, a modified provision on national security
workforce and educational diversity activities, and a
provision to increase coordination of scholarship and
employment programs of the Department of Defense.
Not later than December 31, 2022, the Secretary of Defense
shall submit to the congressional defense committees a report
on the establishment of activities responding to this
section. At a minimum, the report shall identify the number
of minority students participating in relevant programs as of
the date of the report, the fields of study pursued

[[Page H6600]]

by such students, and the institutions at which such students
are enrolled.
This language is also covered in sections 242 and 250 of
this Act.
Study on mechanisms for attracting and retaining high quality
talent in the Department of Defense (sec. 252)
The House bill contained a provision (sec. 265) that would
direct the Secretary of Defense to conduct a study to
determine the feasibility of establishing a program to
attract and retain covered individuals for employment in the
national security innovation base. This section would require
the Secretary to submit a report to the congressional defense
committees not later than February 1, 2021, on the results of
the study.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
elements of the study.
The conferees direct the Secretary to prioritize analyses
of opportunities to attract and retain United States-educated
students, including foreign nationals, especially those
participating in Department of Defense-funded research
programs, into employment in the national security innovation
base.

Subtitle E--Sustainable Chemistry

Sustainable Chemistry (secs. 261-267)
The House bill contained provisions (secs. 251-259) that
would direct the Director of the Office of Science and
Technology Policy to convene an interagency entity under the
National Science and Technology Council.
The Senate amendment contained similar provisions (secs.
5221-5227).
The House recedes with a technical amendment.

Subtitle F--Plans, Reports, and Other Matters

Modification to annual report of the Director of Operational
Test and Evaluation (sec. 271)
The House bill contained a provision (sec. 261) that would
amend section 139(h)(2) of title 10, United States Code, by
removing the sunset date of 2025 for the annual report
submitted by the Director of Operational Test and Evaluation,
making it a permanent report.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend the
reporting requirement by 1 year, to 2026.
Modification to Test Resource Management Center strategic
plan reporting cycle and contents (sec. 272)
The Senate amendment contained a provision (sec. 236) that
would modify the Test Resource Management Center strategic
plan reporting cycle and period to be covered. It is
currently a 30-year strategic plan, re-baselined every 2
years. This provision would make the strategic plan cover a
15-year period, to be re-baselined at least every 4 fiscal
years, with an annual update as needed. The new strategic
plan would be due not later than 1 year after the release of
the Secretary of Defense's National Defense Strategy.
The House bill contained no similar provision.
The House recedes with an amendment that would retain the
original 30-year period instead of changing it to a 15-year
period.
The conferees note that the current strategic plan required
by section 196 of title 10, United States Code, is not as
useful to the Congress or the Department of Defense as it
could be, due to the nature and frequency of the updates. The
conferees believe that a more helpful strategic plan would be
on a 4-year cycle, with yearly updates to relay any changes,
analysis, or high visibility items determined worthy of
reporting by the Director of the Test Resource Management
Center. The conferees further encourage the Department to
continue its strategic planning and resourcing of the Test
Resource Management Center priorities through a 30-year
strategic plan, understanding that greater detail will only
be possible 10 to 15 fiscal years out.
Modification of requirements relating to energetics plan to
include assessment of feasibility and advisability of
establishing a program office for energetics (sec. 273)
The Senate amendment contained a provision (sec. 5242) that
would require the Under Secretary of Defense for Research and
Engineering to conduct a study to assess the feasibility and
advisability of establishing a program office to coordinate
energetics research and to ensure a robust and sustained
energetics material enterprise.
The House bill contained no similar provision.
The House recedes with an amendment to modify section 253
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) to add an assessment of the
feasibility of establishing a program office to the mandated
briefing requirement.
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. 274)
The Senate amendment contained a provision (sec. 242) that
would amend section 257(b)(2) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) by
adding at end the following new subparagraph: ``(J) Efforts
to work with academic consortia on high priority
cybersecurity research activities.''.
The House bill contained no similar provision.
The House recedes.
Repeal of quarterly updates on the Optionally Manned Fighting
Vehicle program (sec. 275)
The House bill contained a provision (sec. 262) that would
repeal Section 261 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92).
The Senate amendment contained no similar provision.
The Senate recedes.
Microelectronics and national security (sec. 276)
The House bill contained a provision (sec. 247) that would
amend section 231 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) directing a
strategy for assured access to trusted microelectronics by
extending the report deadline to December 30, 2020, and
adding new requirements to the strategy and implementation
plan.
This section would also establish an Advisory Panel on
Microelectronics Leadership and Competitiveness to develop a
national strategy to accelerate the development and
deployment of state-of-the-art microelectronics and ensure
that the United States is a global leader in the field. This
section would direct the Secretary of Defense and the
Assistant to the President for National Security Affairs to
provide briefings to the congressional defense committees
within 90 days after the date of the enactment of this Act on
the progress of the Secretary in developing the strategy and
implementation plan required, and the progress of the
Advisory Panel in developing its strategy, respectively.
The Senate amendment contained a similar provision (sec.
807).
The Senate recedes with an amendment to add elements to the
strategy.
The conferees are aware that the Department of Defense is
in the process of developing a strategy to enable the
domestic production of measurably secure state-of-the-art,
state of the practice, and legacy integrated circuits in low
volumes to meet Department of Defense needs. However, the
conferees believe that the U.S. Government needs to develop a
comprehensive microelectronics strategy to foster a
sustainable domestic electronics manufacturing capability
that is globally and commercially competitive in both cost
and performance. The conferees direct the Department of
Defense to work across the interagency to propose a detailed
microelectronics strategy to serve the national security
needs of the Nation.
The conferees direct the Secretary of Defense to consider
different models for public-private partnerships, including
establishing a semiconductor manufacturing corporation, to
restore American security and competitiveness in the
manufacture and assembly and packaging of state-of-the-art
microelectronics.
For the purpose of developing and evaluating this specific
option, the conferees believe that the Department should
adopt a baseline set of assumptions and prerequisites. The
conferees note that the charter of the corporation should
reflect that one of its major goals would be to achieve the
rapid and sustained growth in the aggregate percentage of
domestic demand for state-of-the-art microelectronics that
could be satisfied by domestic production.
To achieve this goal, the conferees note that it would be
beneficial for the corporation to have the authority to
approve investment tax credits or grants to private companies
and their state investment partners, or to multi-source
domestic investment funds, established with Federal, State,
and private sector funding, for the construction of
microelectronics manufacturing and assembly and packaging
capacity in the United States.
The conferees expect the Secretary to consider, for the
purpose of replenishing and sustaining the corporation's
investment capital, that the corporation would have the
authority to structure an investment such that the
corporation receives back from the investment at least the
amount that the Federal government provided in grants or tax
incentives from profits earned on the investment, plus
inflation, once private sector investors have received
returns equal to some attractive but reasonable benchmark.
The conferees also direct the Secretary to: (1) Consider
methods for ensuring equitable cost and risk sharing by
limiting the share of government funding in investments; (2)
Provide concepts for allowing the corporation to retain board
seats on any public-private investment fund or project with
strong oversight and major investment approval authorities;
and (3) Ensure methods for the protection of the public
interest through, for example, government appointment of
board directors and the managing director of the corporation,
and board approval of significant investments.
Independent evaluation of personal protective and diagnostic
testing equipment (sec. 277)
The House bill contained a provision (sec. 263) that would
direct the Director of Operational Test and Evaluation to
independently evaluate the processes used to test the
effectiveness of covered personal protective and diagnostic
testing equipment and the results of such tests.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct the
Director of Operational Test and Evaluation to independently
evaluate the operational effectiveness and suitability of
covered personal protective and diagnostic testing equipment
and to report the

[[Page H6601]]

results of such tests to the congressional defense committees
within 90 days of completion of each evaluation.
Assessment on United States national security emerging
biotechnology efforts and capabilities and comparison
with adversaries (sec. 278)
The Senate amendment contained a provision (sec. 231) that
would require the Secretary of Defense, through the Under
Secretary of Defense for Research and Engineering and the
Under Secretary of Defense for Intelligence and Security, to
conduct an assessment of U.S. efforts to develop
biotechnologies and biotechnology capabilities as compared to
our adversaries' efforts and capabilities. The provision
would also require the Secretary of Defense, through the
Under Secretary of Defense for Intelligence and Security, to
assess the ability of the intelligence community to meet the
intelligence analysis needs of the Department of Defense with
respect to emerging biotechnologies. The Secretary of Defense
would be required to submit to the congressional defense
committees a report on the assessments not later than
February 1, 2021.
The House bill contained no similar provision.
The House recedes.
Annual reports regarding the SBIR program of the Department
of Defense (sec. 279)
The Senate amendment contained a provision (sec. 5876) that
would require an annual report to the Congress on the
Department of Defense's awards under the Small Business
Innovation Research Program and associated transition
activities among the phases.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
number of reports required to three and would direct that the
reporting include how the projects awarded under each phase
meet the overall goals of the Small Business Innovation
Research program.
The conferees recognize the unique value that the Small
Business Innovation Research Program (SBIR) provides to the
military services as an effective way of engaging and growing
innovation within the Department. However, the conferees also
are aware of the challenges of transitioning successful
projects out of the SBIR program into alternative funding
mechanisms and programs of record. Therefore, the conferees
request that the Secretaries of each military service submit
a report to the congressional defense committees that
identifies a minimum of five of their most transformative
SBIR Projects that have completed SBIR Phase II, including
projects that would be a continuation of existing Phase III
Agreements that meet any of the following criteria: (1)
Potential to substantially advance the national security
capabilities of the United States; and/or (2) Provide
technologies or processes, or applications of existing
technologies, that will enable alternatives to, or be used
by, existing programs; and (3) Substantially reduce the time
to delivery of new warfare capabilities; and/or (4) Provide
significant future cost savings.
Reports on F-35 physiological episodes and mitigation efforts
(sec. 280)
The House bill contained a provision (sec. 264) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to determine the underlying causes of
physiological episodes affecting crew members of F-35
aircraft.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees remain concerned that the continued increase
in physiological episodes with aircraft equipped with On-
Board Oxygen Generating Systems from across the different
services pose a serious threat to safety and combat
effectiveness. The conferees expect the Department to quickly
take the necessary steps to ascertain the root cause(s) and
resolve the problem(s).
Review and report on Next Generation Air Dominance
capabilities (sec. 281)
The House bill contained a provision (sec. 231) that would
limit 15 percent of funds from being obligated until the date
on which the Director of Cost Assessment and Program
Evaluation submits a report on Air Force and Navy next
generation air dominance capabilities.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would
remove the funding restriction and require the Director of
Cost Assessment and Program Evaluation to also perform a non-
advocate review on the Digital Century Series acquisition
business case analysis developed by the Assistant Secretary
of the Air Force for Acquisition, Technology, and Logistics.
Plan for operational test and utility evaluation of systems
for Low-Cost Attributable Aircraft Technology program
(sec. 282)
The Senate amendment contained a provision (sec. 154) that
would require the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics to provide to the
congressional defense committees an executable plan for the
operational test and utility evaluation of the Low-Cost
Attributable Aircraft Technology (LCAAT) systems no later
than October 1, 2020, and provide a briefing to the
congressional defense committees on the plan by the same
date.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
require the plan and subsequent briefing to congressional
defense committees by March 1, 2021.
The conferees support the Secretary's intent to accelerate
the LCAAT research and development program, including
continuation of the Skyborg initiative to prototype and field
an unmanned system for collaborative pairing with manned
platforms, potentially including the F-35 and other
compatible tactical aircraft. The conferees note that the
combined application of commercial technology, autonomy, and
artificial intelligence could be an innovative solution to
meet the operational demands of the combatant commanders in
support of the National Defense Strategy.
Independent comparative analysis of efforts by China and the
United States to recruit and retain researchers in
national security-related and defense-related fields
(sec. 283)
The Senate amendment contained a provision (sec. 232) that
would require the National Academies of Sciences,
Engineering, and Medicine to conduct a study comparing
methods for recruiting and retaining technology researchers,
including financial incentives and academic opportunities,
currently used by the U.S. and Chinese governments. The study
would focus on incentives employed by China to bring
researchers in American academic and government laboratories
into Chinese talent programs and how these incentives diverge
from those offered by the United States.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
elements of the study and provide technical changes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Pilot program on talent optimization
The House bill contained a provision (sec. 214) that would
amend section 2358b of title 10, United States Code, to
require the Under Secretary of Defense for Research and
Engineering to conduct a pilot program to develop a talent
optimization marketplace for military personnel in the
Reserve and Guard Components.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that each of the military departments is
currently implementing various talent management reforms
designed to allow military units to identify and access
servicemembers with pertinent and necessary skillsets that
might otherwise go unnoticed using traditional military
assignment processes. These innovations are particularly
important for reserve servicemembers, who possess not only
military experience, but also civilian and private sector
skillsets that are difficult for military units to develop
within the regular force.
Modification of pilot program on enhanced civics education
The House bill contained a provision (sec. 216) that would
amend section 234 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) to include in the
pilot program the improvement of critical thinking and media
literacy among students. This section would require the
Secretary of Defense to implement the pilot program not later
than 90 days after the date of the enactment of this Act.
This section would also require the Secretary to submit a
report to the congressional defense committees not later than
30 days after the date of the enactment of this Act on the
Secretary's efforts to implement the pilot program.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the importance of section 234 of the
National Defense Authorization Act (NDAA) for Fiscal Year
(FY) 2020 (Public Law 116-92; 10 U.S.C. 2164 note) in
improving critical thinking and media literacy among
students, including research and information fluency; problem
solving skills; technology operations and concepts;
information and technological literacy; understanding of the
importance of sourcing and evaluating information from
multiple quality media sources; and understanding how
information on digital platforms can be altered through
algorithms, editing, and augmented reality.
Therefore, the conferees direct the Secretary of Defense to
begin implementation of the pilot program under section 234
of the FY20 NDAA not later than 120 days after the date of
the enactment of this Act. Further, the conferees direct the
Secretary of Defense to submit a briefing to the
congressional defense committees on the efforts of the
Department's implementation of the pilot program under
section 234 not later than 60 days after the date of the
enactment of this Act.
Report on micro nuclear reactor programs
The Senate amendment contained a provision (sec. 235) that
would require the Secretary of Defense to prepare a report on
micro nuclear reactor programs of the Department of Defense
and submit such report to the appropriate congressional
committees. The provision would detail the contents of the
report, as well as certain required consultations the
Secretary should undertake in the preparation of such report.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit to
the appropriate congressional committees a report on the
micro nuclear reactor programs of the Department of Defense.
The report should include: (1) Potential operational uses on
United States

[[Page H6602]]

and non-United States territory, including both mobile and
fixed systems; (2) Cost and schedule estimates for each new
or ongoing program to reach initial operational capability,
including the timeline for transition of any program
currently funded using Defense-wide funds to one or more
military services and the identified transition partner in
such military services; (3) An assessment of the technical
readiness level of micro nuclear reactor components and
proposed operational use cases, given nuclear fuel
limitations; (4) In consultation with the Assistant Secretary
of Defense for Nuclear, Chemical, and Biological Defense
programs, an assessment of physical security requirements for
use of such reactors on domestic military installations and
non-United States non-domestic installations or locations,
including fully permissive, semi-permissive, and remote
environments, including a preliminary design basis threat
analysis; (5) In coordination with the Secretary of State:
(a) an assessment of any agreements or changes to agreements
that would be required for use of such reactors on non-United
States territory; (b) an assessment of applicability of
foreign regulations or International Atomic Energy Agency
safeguards for use on non-United States territory; and (c)
other policy implications of deployment of such systems on
non-United States territory; (6) In coordination with the
Chairman of the Nuclear Regulatory Commission, a summary
of licensing requirements for operation of such systems on
United States territory; (7) A summary of requirements
pursuant to the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) for development and operation on
United States territory; (8) In consultation with the
General Counsel of the Department of Defense, an
assessment of any issues relating to indemnification for
operation on United States or non-United States territory
and any other relevant legal matters; (9) In coordination
with the Secretary of State and the Secretary of Energy, a
determination of whether development, production, and
deployment of such systems would require unobligated
enriched uranium fuel; (10) If the determination in
paragraph (9) is that unobligated fuel would be required,
in coordination with the Administrator for Nuclear
Security, an assessment of the availability of such
unobligated enriched uranium fuel, by year, for the
estimated life of the program, considered with other
United States Government demands for such fuel, including
tritium production, naval nuclear propulsion, and medical
isotope production; and (11) Any other considerations the
Secretary determines relevant.
In addition to consultation and coordination required
above, the Secretary should, in producing the report, consult
with the Secretary of the Army, the Chairman of the Joint
Chiefs of Staff, the Under Secretary of Defense for Policy,
the Director of Naval Nuclear Propulsion, and such other
officials as the Secretary considers necessary.
The report should be submitted in unclassified form, but
may include a classified annex.
In the preparation of this report, the Secretary of Defense
should understand ``appropriate congressional committees'' to
mean the Committee on Armed Services, the Committee on
Appropriations, the Committee on Energy and Natural
Resources, the Committee on Environment and Public Works, and
the Committee on Foreign Relations of the Senate and the
Committee on Armed Services, the Committee on Appropriations,
the Committee on Energy and Commerce, the Committee on
Natural Resources, and the Committee on Foreign Affairs of
the House of Representatives.
The Secretary should also understand ``micro nuclear
reactor'' to mean a nuclear reactor with a production
capacity of less than 20 megawatts.
Report on use of testing facilities to research and develop
hypersonic technology
The Senate amendment contained a provision (sec. 240) that
would require the Secretary of Defense to submit to the
congressional defense committees a report on the costs and
benefits of the use and potential refurbishment of existing
operating and mothballed Federal research and testing
facilities to support hypersonics activities of the
Department of Defense.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees, not later
than 180 days after the date of the enactment of this Act, on
the costs and benefits of the use and potential refurbishment
of existing active and inactive Federal and university
research and testing facilities to support hypersonics
activities of the Department of Defense.
Study and plan on the use of additive manufacturing and
three-dimensional bioprinting in support of the
warfighter
The Senate amendment contained a provision (sec. 241) that
would require the Secretary of Defense to conduct a study on
the use of additive manufacturing and three-dimensional
bioprinting across the military health system and to provide
a report to the Committees on Armed Services of the Senate
and the House of Representatives within 180 days of the date
of the enactment of this Act.
The House bill contained no similar provision.
The Senate recedes.
Funding for force protection applied research
The House bill contained a provision (sec. 266) that would
increase the funding table authorization for research,
development, test, and evaluation, Navy, applied research,
force protection applied research, line 005 (PE 0602123N), by
$9.0 million; decrease the funding table authorization for
operation and maintenance, Air Force, admin and servicewide
activities, servicewide communications, line 410, by $4.0
million; and decrease the funding table authorization for
operation and maintenance, Army, admin and servicewide
activities, servicewide communications, line 440, by $5.0
million.
The Senate amendment contained no similar provision.
The House recedes.
Funding for hypersonics prototyping
The House bill contained a provision (sec. 267) that would
increase by $5.0 million funds authorized to be appropriated
for hypersonics prototyping efforts, to be used in support of
the Air-launched Rapid Response Weapon Program. The provision
would also reduce by $5.0 million operations and maintenance
funds for Space Force contractor support.
The Senate amendment contained no similar provision.
The House recedes.
The funding outcome is reflected in the budget tables. The
conferees agree on the importance of fielding an air-launched
hypersonic weapon as well as expanding the testing and
development of hypersonic prototypes. The conferees encourage
the Secretary of Defense to prioritize funding for hypersonic
capability.
Funding for unidirectional body armor
The House bill contained a provision (sec. 268) that would
increase the funding table authorization for research,
development, test, and evaluation, Army, advanced component
development & prototypes, line 093 (PE 0603827A), by $7.0
million and decrease the funding table authorization for
research, development, test, and evaluation, Army, advanced
component development & prototypes, line 102 (PE 0604115A),
by $7.0 million.
The Senate amendment contained no similar provision.
The House recedes.
Assessments of intelligence, defense, and military
implications of deepfake videos and related technologies
The House bill contained a provision (sec. 269) that would
require the Director of National Intelligence to submit to
the Secretary of Defense and the appropriate congressional
committees a supplemental report on the intelligence,
defense, and military implications of deepfake videos and
related technologies.
The Senate amendment contained a similar provision (sec.
5243).
The conference agreement does not include either provision.
The conferees note that elsewhere in this Act is a
provision that requires a report on digital content forgery
technology.
Funding for Air Force university research initiatives
The House bill contained a provision (sec. 270) that would
increase the funding table authorization for research,
development, test, and evaluation, Air Force, basic research,
university research initiatives, line 002 (PE 0601103F), by
$5.0 million and decrease the funding table authorization for
operation and maintenance, Army, admin & servicewide
activities, servicewide communications, line 440, by $5.0
million.
The Senate amendment contained no similar provision.
The House recedes.
Modification of authority to carry out certain fiscal year
2020 projects
The House bill contained a provision (sec. 271) that would
direct the Secretary of Defense to consider using Barksdale
Air Force Base as a fifth-generation (5G) test bed
installation.
The Senate amendment contained no similar provision.
The House recedes.
The conferees commend the Department of Defense for its
efforts over the last 2 years to develop a plan for
experimentation of 5G wireless networking for military
applications. The conferees are pleased with Department's
rapid action in executing this plan to develop fundamental 5G
technologies through a robust engagement with industry for
these testing and experimentation projects that are currently
being executed at military installations across the United
States.
Sense of Congress on the role of the National Science
Foundation
The House bill contained a provision (sec. 272) that would
express the sense of Congress on the role of the National
Science Foundation.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that the National Science Foundation
is critical to the expansion of the frontiers of scientific
knowledge and advancing American technological leadership in
key technologies. Additionally, the conferees believe that in
order to continue to achieve its mission in the face of
rising challenges from strategic competitors, the National
Science Foundation should receive a significant increase in
funding, expand its use of its existing authorities to carry
out new and innovative types of activities, consider new
authorities that it may need, consider the creation of new
directorates or

[[Page H6603]]

other structural changes, and increase existing activities
such as the convergence accelerators aimed at accelerating
the translation of fundamental research for the economic
and national security benefit of the United States.
Funding for Navy university research initiatives
The House bill contained a provision (sec. 273) that would
increase the funding table authorization for research,
development, test, and evaluation, Navy, basic research,
university research initiatives, line 001 (PE 0601103N), by
$5.0 million and decrease the funding table authorization for
operation and maintenance, Army, admin & servicewide
activities, servicewide communications, line 440, by $5.0
million.
The Senate amendment contained no similar provision.
The House recedes.
Funding for Army university research initiatives
The House bill contained a provision (sec. 274) that would
increase the funding table authorization for research,
development, test, and evaluation, Army, basic research,
university research initiatives, line 003 (PE 0601103A), by
$5.0 million and decrease the funding table authorization for
operation and maintenance, Army, admin & servicewide
activities, servicewide communications, line 440, by $5.0
million.
The Senate amendment contained no similar provision.
The House recedes.
Report on certain awards under the Small Business Innovation
Research and Small Business Technology Transfer programs
The House bill contained a provision (sec. 275) that would
direct the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics to submit a report to
the Congress on all selections during the preceding 5-year
period under the Small Business Innovation Research Program
or the Small Business Technology Transfer Program that were
not followed with funding awards.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the United
States, in its 2021 annual report to the Congress under
section 638(ii)(2) of title 15, United States Code, on the
Small Business Innovation Research and Small Business
Technology Transfer (SBIR/STTR) Programs, to include an
analysis of all selections made during the preceding 5-year
period under the SBIR/STTR Programs that were not followed
with funding awards.
The analysis should include: (1) Phase I and Phase II
awards; (2) The reason the funding award did not follow the
selection; (3) The solicitation number or topic number
associated with the selection; (4) Date when company was
notified of selection; and (5) Any corrective actions that
are planned or have been implemented.
Funding for Backpackable Communications Intelligence System
The House bill contained a provision (sec. 276) that would
increase the funding table authorization for research,
development, test, and evaluation, Army, Network C3I
Technology, backpackable communications intelligence system,
Line 17, by $5.0 million and decrease the funding table
authorization for operation and maintenance, Defense-wide,
admin & servicewide activities, Defense Personnel Accounting
Agency, Line 360, by $5.0 million.
The Senate amendment contained no similar provision.
The House recedes.
Funding for Army university and industry research centers
The House bill contained a provision (sec. 277) that would
increase the funding table authorization for research,
development, test, and evaluation, Army, basic research,
university and industry research centers, line 004 (PE
0601104A), by $5.0 million and decrease the funding table
authorization for operation and maintenance, Army, admin &
servicewide activities, servicewide communications, line 440,
by $5.0 million.
The Senate amendment contained no similar provision.
The House recedes.
Traineeships for American leaders to excel in national
technology and science
The House bill contained a provision (sec. 279) that would
require the Secretary of Defense, acting through the Under
Secretary of Defense for Research and Engineering, to
establish a traineeship program to expand Department of
Defense access to domestic scientific and technological
talent in areas of strategic importance to national security.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Under Secretary of Defense for
Research and Engineering, in consultation with the Director
of the National Science Foundation, to provide a comparison
and cost benefit analysis not later than 1 year after the
date of enactment of this Act of the value, impact, and
success of different training and educational models aimed at
expanding Department of Defense access to domestic scientific
and technological talent in areas of strategic importance to
national security, including the core modernization
priorities derived from the most recent national defense
strategy provided under section 113(g) of title 10, United
States Code.
The analysis should: (1) Consider the findings and
recommendations in the National Academies of Science,
Engineering and Medicine's 2018 report on Graduate STEM
Education for the 21st Century, and other relevant studies;
(2) Assess various forms of scientific or technical
educational assistance available to students; (3) Evaluate
the value of educational cohorts in supporting educational
missions; (4) Assess models that can best support and attract
minority and lower income students, students at minority
institutions, students underrepresented in STEM fields, and
students from diverse regions of the country; and (5) Develop
recommendations supportive of defense workforce and
educational goals, including training and education of a high
quality workforce in disciplines of strategic importance to
national security.
Briefing and report on use of distributed ledger technology
for defense purposes
The House bill contained a provision (sec. 280) that would
require the Under Secretary of Defense for Research and
Engineering to provide, not later than 180 days after the
enactment of this Act, to the congressional defense
committees a briefing on the potential use of distributed
ledger technology for defense purposes.
The Senate amendment contained no similar provision.
The House recedes.
The conferees appreciate the effort the Under Secretary of
Defense for Research and Engineering has put into preparing a
briefing on the use of blockchain technology for defense
purposes as directed in the conference report (H. Rept. 116-
333) accompanying the National Defense Authorization Act for
Fiscal Year 2020. The conferees direct the Under Secretary of
Defense for Research and Engineering to provide, not later
than 30 days after the date of the enactment of this Act, to
the congressional defense committees the briefing required on
the potential use of distributed ledger technology for
defense purposes as directed in the conference report.
The conferees also direct the Under Secretary of Defense
for Research and Engineering, in coordination with the Under
Secretary of Defense for Intelligence and Security, to
provide, not later than 180 days after the date of the
enactment of this Act, to the congressional defense
committees a follow-up briefing on: (1) An analysis of
activities that other countries, including the People's
Republic of China and the Russian Federation, are carrying
out with respect to the research and development of
distributed ledger technologies for military applications;
(2) Recommendations identifying additional research and
development activities relating to distributed ledger
technologies that should be carried out by the Department of
Defense and cost estimates for such activities; and (3) Any
other information that the Under Secretary of Defense for
Research and Engineering determines to be appropriate.
Admission of essential scientists and technical experts to
promote and protect the National Security Innovation Base
The House bill contained a provision (sec. 281) that would
provide special immigrant status to essential scientists and
technical experts working on technologies critical for
national defense.
The Senate amendment contained no similar provision.
The House recedes.
Importance of historically Black colleges and universities
and minority-serving institutions
The Senate amendment contained a provision (sec. 5211) that
increase the funding table authorization for research,
development, test, and evaluation, Defense-wide, basic
research, historically Black colleges and universities/
minority institutions, line 006 (PE 0601228D8Z), by $14.1
million and decrease the funding table authorization for
other procurement, Army, for automated data processing
equipment, line 112, by $14.1 million.
The House bill contained no similar provision.
The Senate recedes.
Cybersecurity in Department of Transportation programs
The Senate amendment contained a provision (sec. 5237) that
would modify Department of Transportation grant programs to
include certain cybersecurity considerations.
The House bill contained no similar provision.
The Senate recedes.

Title III--Operation and Maintenance

Subtitle A--Authorization of Appropriations

Authorization of appropriations (sec. 301)
The House bill contained a provision (sec. 301) that would
authorize appropriations for operation and maintenance
activities at the levels identified in section 4301 of
division D of this Act.
The Senate amendment contained an identical provision (sec.
301).
The conference agreement includes this provision.

Subtitle B--Energy and Environment

Military Aviation and Installation Assurance Clearinghouse
for review of mission obstructions (sec. 311)
The House bill contained a provision (sec. 311) that would
amend the procedures for Department of Defense review of
proposed wind energy projects by requiring the Department to
issue a notification to an applicant and the applicable
Governor of a finding of no adverse impact when appropriate.
This section would also strike references to Massachusetts
Institute of Technology's role in determining project offset
distances.

[[Page H6604]]

The Senate amendment contained a similar provision (sec.
378).
The Senate recedes with a technical amendment.
Readiness and Environmental Protection Integration Program
(sec. 312)
The House bill contained provisions (secs. 313 and 376)
that would amend section 2684a of title 10, United States
Code, to provide a technical amendment to the Readiness and
Environmental Protection Integration Program that clarifies
eligible entity participation, among other things.
The Senate amendment contained a similar provision (sec.
312) that would amend section 2684a of title 10, United
States Code, to provide a technical correction to the
definition of an eligible entity. This provision would also
allow funds obligated to agreements under section 2684a of
title 10, United States Code, to be made available for use at
the time of obligation and for any subsequent amendment to
the agreement.
The House recedes with a technical amendment.
Extension of real-time sound monitoring at Navy installations
where tactical fighter aircraft operate (sec. 313)
The Senate amendment contained a provision (sec. 240) that
would amend section 325(a)(1) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) by
striking ``a 12-month period'' and inserting ``two 12-month
periods, including one such period that begins in Fiscal Year
2021''.
The House bill contained no similar provision.
The House recedes.
Modification of authority for environmental restoration
projects of National Guard (sec. 314)
The House bill contained a provision (sec. 314) that would
amend section 2707(e) of title 10, United States Code, to
modify defense environmental restoration authorities to allow
them to be used by the National Guard.
The Senate amendment contained a similar provision (sec.
311) that would also provide other technical corrections and
conforming amendments to the statute governing the Defense
Environmental Restoration Fund.
The House recedes with a technical amendment.
Modification of authority to carry out military installation
resilience projects (sec. 315)
The Senate amendment contained a provision (sec. 314) that
would make clarifying amendments to sections 2815 and 2684a
of title 10, United States Code, to ensure that military
installation resilience projects can be executed to maintain,
improve, or rapidly reestablish mission assurance and prevent
commercial and residential encroachment around military
installations.
The House bill contained no similar provision.
The House recedes.
Energy resilience and energy security measures on military
installations (sec. 316)
The Senate amendment contained a provision (sec. 316) that
would amend subchapter I of chapter 173 of title 10, United
States Code, by adding a section on energy resilience and
energy security measures on military installations.
The House bill contained no similar provision.
The House recedes.
Modification to availability of energy cost savings for
Department of Defense (sec. 317)
The Senate amendment contained a provision (sec. 317) that
would amend section 2912(a) of title 10, United States Code,
to include operational energy savings.
The House bill contained no similar provision.
The House recedes.
Increased transparency through reporting on usage and spills
of aqueous film-forming foam at military installations
(sec. 318)
The House bill contained a provision (sec. 315) that would
amend chapter 160 of title 10, United States Code, to require
the Department of Defense to provide congressional
notification of all releases of fire-fighting foam containing
perfluorooctane sulfonate and perfluorooctanoic acid.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Native American lands environmental mitigation program (sec.
319)
The Senate amendment contained a provision (sec. 315) that
would amend section 160 of title 10, United States Code, to
authorize the Secretary of Defense to participate in a
program to mitigate the environmental effects of Department
of Defense activities on Indian lands and culturally
connected locations.
The House bill contained no similar provision.
The House recedes with a technical amendment.
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. 320)
The Senate amendment contained a provision (sec. 321) that
would require 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, to commission an
independent scientific study of 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. This provision would also
require the Secretary of Defense to submit to the appropriate
committees a report on the results of the study not later
than 180 days after the date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes with an amendment directing 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, to develop criteria for the selection
of project alternatives to address 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.
Pilot program on alternative fuel vehicle purchasing (sec.
321)
The House bill contained a provision (sec. 316) that would
amend section 2922g of title 10, United States Code, to
require the Department of Defense to maximize to the extent
practicable its use of hybrid, plug-in hybrid, and fully
electric vehicles for non-combat uses through replacement of
vehicles at the end of their lease or service period.
The Senate amendment contained a similar provision (sec.
319) that would require the Secretary of Defense to carry out
a pilot program on alternative fuel vehicle purchasing.
The House recedes with a technical amendment.
Budgeting of Department of Defense relating to operational
energy improvement (sec. 322)
The House bill contained a provision (sec. 317) that would
create a budget line for operational energy requirements.
The Senate amendment contained no similar provision.
The Senate recedes.
Assessment of Department of Defense operational energy usage
(sec. 323)
The House bill contained a provision (sec. 318) that would
require the Secretary of Defense to enter into an agreement
with a federally funded research and development center to
conduct an assessment of Department of Defense operational
energy usage.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Improvement of the Operational Energy Capability Improvement
Fund of the Department of Defense (sec. 324)
The House bill contained a provision (sec. 319) that would
realign the Operational Energy Capability Improvement Fund
under the Assistant Secretary of Defense for Energy,
Installations, and Environment.
The Senate amendment contained a similar provision (sec.
376).
The House recedes.
Five-year reviews of containment technologies relating to Red
Hill Bulk Fuel Storage Facility (sec. 325)
The House bill contained a provision (sec. 320) that would
require the Department of the Navy to conduct 5-year reviews
of the best available technologies for containment at Red
Hill Bulk Fuel Storage Facility.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Limitation on use of funds for acquisition of furnished
energy for Rhine Ordnance Barracks Army Medical Center
(sec. 326)
The House bill contained a provision (sec. 321) that would
require the Secretary of Defense to submit a certification
that none of the energy used by Rhine Ordnance Barracks Army
Medical Center was sourced from the Russian Federation.
The Senate amendment contained no similar provision.
The Senate recedes.
Requirement to update Department of Defense adaptation
roadmap (sec. 327)
The House bill contained a provision (sec. 322) that would
require the Department of Defense to update the 2014
Adaptation Roadmap by February 1, 2022.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Department of Defense report on greenhouse gas emissions
levels (sec. 328)
The House bill contained a provision (sec. 324) that would
require the Secretary of Defense to submit a report on its
total emissions levels for the last 10 fiscal years.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Objectives, performance standards, and criteria for use of
wildlife conservation banking programs (sec. 329)
The House bill contained a provision (sec. 325) that would
require the Secretary of the Interior to work through the
United States Fish and Wildlife Service to issue regulations
related to wildlife conservation banking.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note that wildlife conservation banking
programs are a potential tool

[[Page H6605]]

to assist the Department of Defense with managing
encroachment on military bases, ranges, and test facilities.
The conferees further note that regulations developed
pursuant to this section will facilitate Department of
Defense participation in wildlife conservation banking
programs in accordance with section 2694c of title 10, United
States Code. The conferees urge the Secretary of the Interior
to promulgate regulations pursuant to this section in
consultation with the States. The conferees further urge the
Secretary of the Interior, in promulgating regulations
pursuant to this section, to recognize, take into account,
and, if appropriate, defer to state wildlife conservation
banking programs.
Prizes for development of non-PFAS-containing fire-fighting
agent (sec. 330)
The House bill contained a provision (sec. 328) that would
create a prize program to incentivize innovation in
development of a fire-fighting agent not containing per- and
polyfluoroalkyl substances.
The Senate amendment contained no similar provision.
The Senate recedes.
Survey of technologies for Department of Defense application
in phasing out the use of fluorinated aqueous film-
forming foam (sec. 331)
The House bill contained a provision (sec. 329) that would
require the Department of Defense to survey non-firefighting
agent technologies that could facilitate execution of the
required 2024 phase-out of fluorinated aqueous film-forming
foam.
The Senate amendment contained a similar provision (sec.
313).
The Senate recedes with a technical amendment.
Interagency body on research related to per- and
polyfluoroalkyl substances (sec. 332)
The House bill contained a provision (sec. 330) that would
establish an interagency working group to coordinate Federal
research and development activities related to per- and
polyfluoroalkyl substances.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Restriction on Department of Defense procurement of certain
items containing perfluorooctane sulfonate or
perfluorooctanoic acid (sec. 333)
The House bill contained a provision (sec. 331) that would
prohibit the Director of the Defense Logistics Agency from
procuring certain items containing per- and polyfluoroalkyl
substances effective 1 year after the date of the enactment
of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Research and development of alternative to aqueous film-
forming foam (sec. 334)
The House bill contained a provision (sec. 333) that would
require the Secretary of Defense, acting through the National
Institute of Standards and Technology and in consultation
with other stakeholders and Federal agencies, to award grants
and carry out other activities related to fluorine-free
alternatives to aqueous film-forming foam.
The Senate amendment contained no similar provision.
The Senate recedes.
Notification to agricultural operations located in areas
exposed to Department of Defense PFAS use (sec. 335)
The House bill contained a provision (sec. 334) that would
require the Secretary of Defense, in consultation with the
Secretary of Agriculture, to provide notifications to any
agricultural operation located within 10 square miles of a
location where per- and polyfluoroalkyl substances (PFAS)
have been detected in groundwater, hydrologically linked to a
local water source, and are suspected to be, or due to a
positive test, known to be, the result of the use of PFAS at
any installation of the Department of Defense located in the
United States or any State-owned facility of the National
Guard.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Reporting on energy savings performance contracts (sec. 336)
The House bill contained a provision (sec. 337) that would
require the Secretary of Defense to submit a report on the
use of energy savings performance contracts by the Department
of Defense to the appropriate congressional committees not
later than 1 year after the date of enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Increase in funding for Centers for Disease Control Study on
health implications of per- and polyfluoroalkyl
substances contamination in drinking water (sec. 337)
The House bill contained a provision (sec. 339) that would
amend section 316(a)(2)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) by
striking ``$10,000,000'' and inserting ``$15,000,000''.
The Senate amendment contained a similar provision (sec.
322).
The Senate recedes.
Guaranteeing Equipment Safety for Firefighters Act of 2020
(sec. 338)
The House bill contained a provision (sec. 341) that would
require the Director of the National Institute of Standards
and Technology to complete a study of the contents and
composition of new and unused personal protective equipment
worn by firefighters not later than 3 years after the date of
the enactment of this Act, subject to availability of
appropriations and in consultation with the Director of the
National Institute for Occupational Safety and Health, among
other things.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Assessment of Department of Defense excess property programs
with respect to need and wildfire risk (sec. 339)
The House bill contained a provision (sec. 342) that would
require 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, to assess the Firefighter Property Program and the
Federal Excess Personal Property Program implementation and
best practices. The provision would further require that a
report on the assessment be submitted to the Committees on
Armed Services of the Senate and the House of
Representatives, the Committee on Agriculture, Forestry,
and Nutrition of the Senate, and the Committee on
Agriculture of the House of Representatives not later than
180 days after the date of the enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes.

Subtitle C--Logistics and Sustainment

National Defense Sustainment and Logistics Review (sec. 341)
The House bill contained a provision (sec. 351) that would
require the Secretary of Defense to conduct a comprehensive
examination and submit a report on the sustainment and
logistics requirements necessary to support the national
military strategy.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment that would
require the assessment to be delivered 1 year after the
National Defense Strategy is delivered to the Congress as
well as broaden those who contribute to the assessment to
include all geographic and functional combatant commanders.
Repeal of sunset for minimum annual purchase amount for
carriers participating in the Civil Reserve Air Fleet
(sec. 342)
The House bill contained a provision (sec. 352) that would
amend section 9515(k) of title 10, United States Code, to
extend the minimum business guarantee for air carriers
participating in the Civil Reserve Air Fleet program from
December 31, 2020, to December 31, 2025.
The Senate amendment contained a similar provision (sec.
375) that would amend section 9515 of title 10, United States
Code, by striking subsection (k), which would make the
minimum annual purchase amount for carriers participating in
the Civil Reserve Air Fleet a permanent authority.
The House recedes.
Additional elements for inclusion in Navy ship depot
maintenance budget report (sec. 343)
The House bill contained a provision (sec. 353) that would
modify the Navy ship depot maintenance report required by
section 363(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
The Senate amendment contained no similar provision.
The Senate recedes.
Clarification of limitation on length of overseas forward
deployment of currently deployed naval vessels (sec. 344)
The House bill contained a provision (sec. 354) that would
make a clarifying change to section 323(b) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232).
The Senate amendment contained a similar provision (sec.
332).
The House recedes.
Independent advisory panel on weapon system sustainment (sec.
345)
The House bill contained a provision (sec. 355) that would
require the Secretary of Defense to establish an independent
advisory panel to conduct a review and make recommendations
related to the weapon system sustainment ecosystem.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees expect the panel's work to include a
comprehensive literature review of prior studies and
recommendations related to weapon system sustainment.
Biannual briefings on status of Shipyard Infrastructure
Optimization Plan (sec. 346)
The House bill contained a provision (sec. 356) that would
direct the Secretary of the Navy to provide a briefing to the
congressional defense committees every 6 months on the status
of implementation of the Shipyard Infrastructure Optimization
Plan.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add as a
briefing requirement the status of certain pieces of
equipment.

[[Page H6606]]

The conferees note that a similar reporting requirement on
``Navy shipyard infrastructure optimization'' was included in
the Senate report accompanying S. 4049 (S. Rept. 116-236) of
the National Defense Authorization Act for Fiscal Year 2021;
this reporting requirement shall have no effect.
The conferees direct the Secretary of the Navy to provide
to the congressional defense committees with the annual
budget request for each of fiscal years 2022 through 2027
additional details on the anticipated investment in the
public shipyards contained in the future years defense
program, including military construction and facilities
sustainment, restoration, and modernization projects. Each
such investment shall be detailed by project, public
shipyard, investment amount, and fiscal year.
Materiel readiness metrics and objectives for major weapon
systems (sec. 347)
The House bill contained a provision (sec. 357) that would
amend section 118 of title 10, United States Code, to require
the Department of Defense to develop materiel readiness
metrics and objectives for major weapon systems, regularly
review and update the metrics and objectives, and report on
them with the annual budget request.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Repeal of statutory requirement for notification to Director
of Defense Logistics Agency three years prior to
implementing changes to any uniform or uniform component
(sec. 348)
The Senate amendment contained a provision (sec. 331) that
would amend section 356 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. 771) by repealing the requirement that a
Secretary of a military department notify the Director of the
Defense Logistics Agency at least 3 years prior to
implementing changes to any uniform or uniform component and
making a technical correction.
The House bill contained no similar provision.
The House recedes.

Subtitle D--Munitions Safety and Oversight

Chair of Department of Defense explosive safety board (sec.
351)
The House bill contained a provision (sec. 361) that would
amend section 172 of title 10, United States Code, to codify
the responsibilities of the Department of Defense Explosive
Safety Board chairman, executive director, and staff. The
provision would also require the Under Secretary of Defense
to certify that the board positions, including the chairman,
have been filled by military officers before more than 75
percent of authorized funding may be obligated or expended by
the Office of the Under Secretary of Defense for Acquisition
and Sustainment.
The Senate amendment contained no similar provision.
The Senate recedes.
Explosive Ordnance Disposal Defense Program (sec. 352)
The House bill contained a provision (sec. 362) that would
amend section 2284 of title 10, United States Code, to
clarify that the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict shall be responsible
for the direction, coordination, and integration of the
Explosive Ordnance Disposal Defense Program and to specify
which organizations within the Department of Defense the
Assistant Secretary shall coordinate with on specific
activities. In addition, this section would require the
Secretary of Defense to submit a report on the establishment
and organization of the Explosive Ordnance Disposal Defense
Program.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Assessment of resilience of Department of Defense munitions
enterprise (sec. 353)
The House bill contained a provision (sec. 363) that would
require the Secretary of Defense to enter into an agreement
with a federally funded research and development center to
assess the resilience of the Department of Defense munitions
enterprise.
The Senate amendment contained no similar provision.
The Senate recedes.
Report on safety waivers and mishaps in Department of Defense
munitions enterprise (sec. 354)
The House bill contained a provision (sec. 364) that would
require the Secretary of Defense to include with the
President's Budget a report on safety waivers and mishaps in
the Department of Defense munitions enterprise.
The Senate amendment contained no similar provision.
The Senate recedes.

Subtitle E--Other Matters

Pilot program for temporary issuance of maternity-related
uniform items (sec. 361)
The House bill contained a provision (sec. 371) that would
require the Director of the Defense Logistics Agency (DLA),
in coordination with the Secretaries concerned, to establish
an office to carry out a pilot program for the issuance of
maternity-related uniforms to pregnant servicemembers
temporarily and at no cost. No later than September 30,
2025, the Director of the DLA, in coordination with the
Secretaries concerned, would submit a report on the pilot
program to the congressional defense committees. The pilot
program would terminate on September 30, 2026.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Director of the Defense Logistics Agency, in coordination
with the Secretaries concerned, to carry out a pilot program
for the issuance of maternity-related uniforms to pregnant
servicemembers at no cost. No later than September 30, 2025,
the Director of the DLA, in coordination with the Secretaries
concerned, would submit a report on the pilot program to the
congressional defense committees. The pilot program would
terminate on September 30, 2026.
Servicewomen's Commemorative Partnerships (sec. 362)
The House bill contained a provision (sec. 372) that would
authorize the Secretary of the Army to 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.
The Senate amendment contained no similar provision.
The Senate recedes.
Biodefense analysis and budget submission (sec. 363)
The House bill contained a provision (sec. 373) that would
require the Director of the Office of Management and Budget
to conduct a comprehensive analysis of Federal biodefense
programs and to develop and submit to Congress annually with
the President's budget request an integrated biodefense
budget submission and its supporting analysis.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
modifications to the required biodefense analysis and budget
submission.
Update of National Biodefense Implementation Plan (sec. 364)
The House bill contained a provision (sec. 374) that would
direct the Secretary of Health and Human Services, in
cooperation with the Biodefense Steering Committee, to
clarify the national biodefense strategy and associated
implementation plan developed under section 1086 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) to clearly document agreed-upon
processes, roles, and responsibilities for making and
enforcing enterprise-wide decisions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
various modifications to the provision.
The conferees expect that the Secretary of Defense will
utilize the Chemical and Biological Defense Program to
support the Department of Defense's efforts in executing the
biodefense activities pursuant to this section.
Plans and reports on emergency response training for military
installations (sec. 365)
The Senate amendment contained a provision (sec. 352) that
would require the Secretary of Defense to provide a report
due 180 days after the date of the enactment of this Act to
the Committees on Armed Services of the Senate and the House
of Representatives that includes a review of each Department
of Defense installation's training protocols for coordination
with local law enforcement for active shooter training.
The House bill contained no similar provision.
The House recedes.
Inapplicability of congressional notification and dollar
limitation requirements for advance billings for certain
background investigations (sec. 366)
The Senate amendment contained a provision (sec. 374) that
would exempt the Defense Counterintelligence and Security
Agency from the $1 billion Department of Defense-wide
limitation on advance billings in working capital funds.
The House bill contained no similar provision.
The House recedes.
Adjustment in availability of appropriations for unusual cost
overruns and for changes in scope of work (sec. 367)
The Senate amendment contained a provision (sec. 379) that
would modify the treatment of amounts appropriated to the
Secretary of the Navy for changes within the scope of work
for a contract for ship overhaul.
The House bill contained no similar provision.
The House recedes with an amendment that would remove
adjustments to section 1553(c)(2) of title 31, United States
Code.
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. 368)
The Senate amendment contained a provision (sec. 380) that
would require the Secretary of Defense to implement not that
later than 90 days after the date of the enactment of this
Act the recommendations germane to active shooter or
terrorist attacks

[[Page H6607]]

on installations of the Department of Defense made in a
series of previously published reports.
The House bill contained no similar provision.
The House recedes.
Clarification of food ingredient requirements for food or
beverages provided by the Department of Defense (sec.
369)
The House bill contained a provision (sec. 1753) that
would require the Secretary of Defense to publish in the
Federal Register any proposed rule, statement, or
determination relating to ingredients in a food or beverage
provided to members of the Armed Services. The House
provision also contained waiver authority for operational
necessity.
The Senate amendment contained a similar provision (sec.
381), but did not include waiver authority.
The Senate recedes with an amendment that modifies the
waiver authority, and replaces the reporting requirement with
a requirement for congressional notification.
The conferees believe the health and readiness of our
warfighters is paramount and strongly encourage the Secretary
of Defense to use the waiver process as appropriate.
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 (sec. 370)
The House bill contained a provision (sec. 2829) that
would require the Secretary of Defense and the Secretaries of
the military departments to identify and rename certain
military installations and other Defense property within 1
year.
The Senate amendment contained a similar provision (sec.
377) that would establish a commission regarding the removal
and renaming of certain 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.
The House recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Funding for Army Community Services
The House bill contained a provision (sec. 302) that would
increase the funding table authorization for operation and
maintenance for Army base operations support, line 100, by
$30.0 million and decrease the funding table authorizations
for operation and maintenance for Army Force Readiness
Operations Support, line 070, by $15.0 million and Army Land
Forces Operations Support, line 050, by $15.0 million.
The Senate amendment contained no similar provision.
The House recedes.
Increase in funding for Air Force reserve contractor systems
support
The House bill contained a provision (sec. 303) that would
increase the funding table authorization for operation and
maintenance, Defense-wide Operating Forces, Special
Operations Command maintenance, line 70, by $22.0 million and
decrease the funding table authorization operation and
maintenance, Air Force Operating Forces, Administration and
Service-Wide Activities, line 400, by $22.0 million.
The Senate amendment contained no similar provision.
The House recedes.
Military Aviation and Installation Assurance Clearinghouse
for review of mission obstructions
The House bill contained a provision (sec. 312) that would
amend the procedures for Department of Defense review of
proposed wind energy projects by requiring the Department of
Defense to issue a notification to an applicant and the
applicable Governor of a finding of no adverse impact when
appropriate.
The Senate amendment contained no similar provision.
The House recedes.
Comptroller General report on Department of Defense
installation energy
The House bill contained a provision (sec. 323) that would
require the Comptroller General of the United States to
submit a report to the Committee on Armed Services of the
House of Representatives on Department of Defense progress
toward meeting net zero installation energy goals.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the United
States to submit a report on the progress of the Department
of Defense toward reaching net zero goals, including an
agency-wide view and breakdowns of progress by service
branch, to the Committees on Armed Services of the Senate and
the House of Representatives not later than 1 year after the
date of the enactment of this Act. The report shall be
submitted in unclassified form but may contain a classified
annex and shall include the following:
(1) An analysis of the extent to which the Department has
implemented net zero initiatives to date and developed a
forward-looking integrated net zero strategy for energy,
emissions, water, and waste management and the extent to
which each of the military departments has implemented such
strategy;
(2) A description of the current challenges to implementing
net zero initiatives or meeting net zero goals and the degree
to which the Department and the military departments have
addressed applied lessons learned;
(3) A cost-benefit analysis of net zero initiatives,
including a description of how such costs and benefits are
identified, tracked, and validated;
(4) A description of the feasibility of achieving net zero
benchmarks of 25 percent, 50 percent, 75 percent, and 100
percent of the energy, emissions, water, and waste management
levels for 2020, including anticipated funding requirements,
statutory requirements, infrastructure needs, and timeframes;
and
(5) An analysis of the integration between energy offices
with program offices, budget, and operational planners within
the Department and military departments across the
enterprise, and recommendations for improving coordination.
Offshore wind energy development, Morro Bay, California
The House bill contained a provision (sec. 326) that would
require the Office of the Under Secretary of Defense for
Acquisition and Sustainment to interact on behalf of the Navy
with all stakeholders related to an offshore wind energy
development in Morro Bay, California.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are encouraged by the Navy's recommitment to
active and meaningful participation in the Morro Bay Offshore
Energy Working Group. The conferees note that a transparent,
fair, and stakeholder-inclusive review process is critical to
balancing energy development and military readiness. Given
the importance of these issues and to encourage continued
collaboration, the conferees direct the Secretary of the Navy
to provide a quarterly briefing to the Committees on Armed
Services of the Senate and the House of Representatives for
the next 24 months or until the working group has completed
its mandate, whichever comes first. The briefings shall
include at a minimum the following:
(1) A detailed map to illustrate any proposed areas
identified for potential development and other changes since
the previous briefing;
(2) Any challenges to development in those areas and
applicable proposed mitigations that would enable compatible
development in the areas identified;
(3) Any future actions that the Navy has agreed to as part
of the Working Group negotiations;
(4) Any unresolved issues; and
(5) Any other relevant terms of a proposed agreement
reached with the California Energy Commission, other Federal
agencies, State and local governments, and potential energy
developers.
Long-duration demonstration initiative and joint program
The House bill contained a provision (sec. 327) that would
authorize the Director of the Environmental Security
Technology Certification Program of the Department of Defense
to establish a demonstration initiative composed of
demonstration projects focused on the development of long-
duration energy storage technologies.
The Senate amendment contained a similar provision (sec.
318).
The conference agreement does not contain either provision.
Standards for removal or remedial actions with respect to
PFOS or PFOA contamination
The House bill contained a provision (sec. 332) that would
require the Secretary of Defense to meet or exceed the most
stringent standards between an enforceable State standard
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA) (42 U.S.C. 9601 et seq.),
an enforceable Federal standard under CERCLA, or a health
advisory under the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(1)(F)) when performing removal or remediation actions of
perfluorooctane sulfonate or perfluorooctanoic acid
contamination from Department of Defense or National Guard
activities found in drinking water or in groundwater that is
not currently used for drinking water.
The Senate amendment contained no similar provision.
The House recedes.
Public disclosure of results of Department of Defense testing
for perfluoroalkyl or polyfluoroalkyl substances
The House bill contained a provision (sec. 335) that would
require the Secretary of Defense to publicly disclose the
results of any testing for perfluoroalkyl or polyfluoroalkyl
substances conducted on military installations or formerly
used defense sites.
The Senate amendment contained no similar provision.
The House recedes.
The conferees urge the Secretary to maximize transparency
and public disclosure of the Department's environmental
testing results for per- and polyfluoroalkyl (PFAS)
substances, particularly perfluorooctane sulfonate (PFOS) and
perfluorooctanoic acid (PFOA), on military installations and
formerly used defense sites. Additionally, the conferees urge
the Department to ensure impacted military families are fully
informed regarding testing for lead or copper at Department
of Defense Education Activity (DoDEA) facilities.
The conferees are disappointed to note that the Department
has not yet fully executed the requirements of section 331 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), which required the Secretary to maintain
a publicly

[[Page H6608]]

available website that provides a clearinghouse for
information about the exposure of members of the Armed
Forces, their families, and their communities to PFAS
substances resulting from contamination at military
installations. The conferees urge the Department to leverage
this existing requirement so that impacted communities and
individuals have a single authoritative data source regarding
the Department's testing for PFOS and PFOA contamination.
Further, the conferees urge the Department, in scenarios
where it is a drinking water purveyor, to publicize the
results of drinking water testing at its facilities to
include DoDEA schools and child development centers.
Biological threats report
The House bill contained a provision (sec. 336) that would
require not later than 180 days after the date of enactment
of this Act, the Secretary of Defense, in coordination with
the Secretary of State, to submit a report on efforts to
prevent, detect, and respond to biological threats, including
through bilateral and multilateral cooperation with foreign
partners.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
coordination with the Secretary of State, not later than 120
days after the date of enactment of this Act to provide a
report to the Committees on Armed Services of the Senate and
the House of Representatives, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate on efforts to prevent,
detect, and respond to biological threats, including through
bilateral and multilateral cooperation with foreign partners.
The report shall include:
(1) A description of actions taken by the Department of
Defense (DOD) to improve proliferation prevention regarding
detection of and response to biological threats of natural,
accidental, or deliberate origin, including the following:
(a) a description of Department of Defense policy guidance to
address the threat of naturally and accidentally occurring
diseases in addition to potential deliberate biological
events; (b) a description of the organizational structure for
those responsible for coordinating these activities, in
accordance with the report required by section 745 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92); and (c) a description of efforts to
integrate DOD infectious disease research, cooperative threat
reduction programs, and other activities designed to protect
DOD personnel against infectious disease threats;
(2) A description of programs and policies to address the
threat of accidental or deliberate misuse of emerging
biological technologies, including synthetic biology,
including Cooperative Threat Reduction, efforts to cooperate
with other partners to establish international norms and
standards, consideration of new technologies in the
Biological Threat Reduction Program, and efforts to develop
countermeasures; and
(3) Any other matters the Secretary deems relevant.
Sense of Congress regarding an integrated master plan towards
achieving net zero
The House bill contained a provision (sec. 338) that
expressed the sense of Congress that the Department of
Defense should develop an integrated master plan for the
purpose of pursuing net zero initiatives Department-wide.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that individual military departments
have had success in managing existing energy, water, and
solid waste programs with the goal of providing greater
energy and water security and increasing operating
flexibility in a fiscally responsible way. The conferees
further note that the breadth of existing authorities, most
notably energy service performance contracts and other
public-private partnerships, have provided opportunities to
improve the efficiency and resiliency of energy and other
utilities. In some cases, installations have been able to
completely offset the total amount of energy and water
consumed through projects funded by these mechanisms. The
conferees encourage the military departments to continue
seeking opportunities to maximize energy and water security
using these mechanisms.
Moratorium on incineration by Department of Defense of
perfluoroalkyl substances, polyfluoroalkyl substances,
and aqueous film forming foam
The House bill contained a provision (sec. 340) that would
require the Secretary of Defense to prohibit the incineration
of materials containing per- and polyfluoroalkyl substances
(PFAS) or aqueous film forming foam (AFFF) until the
Secretary promulgated regulations that implement the
requirements of section 330 of the National Defense
Authorization Act for Fiscal Year 2020 (NDAA FY20) (Public
Law 116-92) and take into consideration the interim guidance
published by the Administrator of the Environmental
Protection Agency (EPA) under section 7361 of the NDAA FY20.
The provision would further require the Secretary of
Defense to submit a report annually to the Administrator of
the EPA on all incineration by the Department of Defense of
materials containing PFAS or AFFF.
The Senate amendment contained no similar provision.
The House recedes.
Report on impact of permafrost thaw on infrastructure,
facilities, and operations of the Department of Defense
The Senate amendment contained a provision (sec. 351) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on the impact of changes
in permafrost on the infrastructure, facilities, assets, and
operations of the Department of Defense within 180 days of
the enactment of this Act.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit to
the congressional defense committees, not later than 180 days
after the date of the enactment of this Act, a comprehensive
report on the impact of permafrost thaw on the
infrastructure, facilities, assets, and operations of the
Department of Defense. The report shall include the
following:
(1) An identification of the infrastructure, facilities,
and assets of the Department of Defense that could be
impacted by permafrost thaw;
(2) For each element of infrastructure and each facility
and asset identified, an assessment of the threat posed by
permafrost thaw and an estimate of potential damage in the
event of likely permafrost thaw; and
(3) A description of the threats and impacts posed by
permafrost thaw to military and other national security
operations.
In preparing the report, the Secretary may consult with
other Federal agencies, agencies of State and local
governments, and academic institutions with expertise or
experience in the effects of permafrost thaw on
infrastructure, facilities, and operations.
For the purpose of the report, the term ``asset'' means any
aircraft, weapon system, vehicle, equipment, or gear of the
Department or the Armed Forces or any other item of the
Department or the Armed Forces that the Secretary considers
appropriate.
Report on implementation by Department of Defense of
requirements relating to renewable fuel pumps
The Senate amendment contained a provision (sec. 353) that
would require the Secretary of Defense to submit a report on
renewable fuel pumps to the Congress not later than 90 days
after the date of the enactment of this Act.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives, not later than 90 days after
the date of the enactment of this Act, on the Department of
Defense's implementation of the requirements under section
246(a) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17053(a)). The report shall include the following:
(1) An estimate of the cost to the Department of fully
implementing the requirements under section 246(a) of the
Energy Independence and Security Act of 2007; and
(2) An assessment of any problems or issues the Department
is having in complying with the requirements under such
section.
The report required shall not apply to a fueling center of
the Department with a fuel turnover rate of less than 100,000
gallons of fuel per year.
Report on effects of extreme weather on the Department of
Defense
The Senate amendment contained a provision (sec. 354) that
would require the Secretary of Defense to submit to the
congressional defense committees a report, not later than 180
days after the date of the enactment of this Act, on
vulnerabilities to military installations and combatant
commander requirements resulting from extreme weather.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit to
the congressional defense committees, not later than 180 days
after the date of enactment of this Act, a report on
vulnerabilities to military installations and combatant
commander requirements resulting from extreme weather that
builds upon the report submitted under section 335(c) of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91). The report shall include the following:
(1) An explanation of the underlying methodology that the
Department uses to assess the effects of extreme weather in
the report, including through the use of a climate
vulnerability and risk assessment tool as directed under
section 326 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92);
(2) An assessment of how extreme weather affects low-lying
military installations, military installations of the Navy
and the Marine Corps, and military installations outside the
United States;
(3) An assessment of how extreme weather affects access of
members of the Armed Forces to training ranges;
(4) With respect to a military installation in a country
outside the United States, an assessment of the collaboration
between the Department of Defense and the military or
civilian agencies of the government of that country or
nongovernmental organizations operating in that country to
adapt to risks from extreme weather;
(5) An assessment of how extreme weather affects housing
safety and food security on military installations;

[[Page H6609]]

(6) An assessment of the strategic benefits derived from
isolating infrastructure of the Department of Defense in the
United States from the national electric grid and the use of
energy-efficient, distributed, and smart power grids by the
Armed Forces in the United States and overseas to ensure
affordable access to electricity;
(7) A list of 10 military installation resilience projects
conducted within each military department; and
(8) An overview of mitigations, in addition to current
efforts undertaken by the Department, that may be necessary
to ensure the continued operational viability and to increase
the resilience of military installations, and the estimated
costs of those mitigations.
In developing the report, the Secretary shall consult with
the Administrator of the Environmental Protection Agency, the
Secretary of Energy, the Administrator of the National
Oceanic and Atmospheric Administration, the Administrator of
the Federal Emergency Management Agency, the Commander of the
Army Corps of Engineers, the Administrator of the National
Aeronautics and Space Administration, a federally funded
research and development center, and the heads of such other
relevant Federal agencies the Secretary determines
appropriate.
The report shall be submitted in unclassified form but may
contain a classified annex if necessary. Upon submittal of
the report to the congressional defense committees, the
Secretary shall publish the unclassified portion of the
report on an Internet website of the Department that is
available to the public.
For the purposes of this report, the term ``extreme
weather'' means recurrent flooding, drought, desertification,
wildfires, and thawing permafrost, and the term ``United
States'' means the several States, the District of Columbia,
and any territory or possession of the United States.
Provision of protection to the National Museum of the Marine
Corps, the National Museum of the United States Army, the
National Museum of the United States Navy, and the
National Museum of the United States Air Force
The Senate amendment contained a provision (sec. 373) that
would amend section 2465(b) of title 10, United States Code,
by adding a contract for the performance of on-site security
guard functions at the: Marine Corps Heritage Center at the
Marine Corps Base Quantico, Virginia, including the National
Museum of the Marine Corps; Heritage Center for the National
Museum of the United States Army at Fort Belvoir, Virginia;
Heritage Center for the National Museum of the United States
Navy at Washington, District of Columbia; and the Heritage
Center for the National Museum of the United States Air Force
at Wright-Patterson Air Force Base, Ohio.
The House bill contained no similar provision.
The Senate recedes.
Report on biodefense
The House bill contained a provision (sec. 375) that would
require the Secretary of Defense to submit a report to the
congressional defense committees on Department of Defense
biodefense and pandemic preparedness and response efforts as
well as recommendations for addressing gaps in authorities or
organization structures for related response efforts.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report on biodefense to the Committees on Armed Services of
the Senate and the House of Representatives not later than
180 days after the date of the enactment of this Act. The
report shall include the following:
(1) A description of the roles and responsibilities of
Department of Defense entities, including the Department's
Chemical and Biological Defense Program, with responsibility
for biodefense or pandemic preparedness and response,
including logistical support;
(2) An updated Department of Defense implementation plan
for biodefense and pandemic response operations that includes
a separation of activities conducted under title 10, United
States Code, and activities conducted under title 32, United
States Code;
(3) Recommendations for solving gaps in authorities or
organizational structures that have inhibited COVID-19
response efforts;
(4) Recommendations on strengthening the roles,
responsibilities, and authorities of the Chemical and
Biological Defense Program to execute biodefense activities
based on the 2018 National Biodefense Strategy;
(5) Any barriers, financial, programmatic, or otherwise,
preventing the Chemical and Biological Defense Program's
execution of those activities; and
(6) Any other matters the Secretary deems relevant.
Report on non-permissive, global positioning system denied
airfield capabilities
The Senate amendment contained a provision (sec. 5351) that
would require the Secretary of Defense to submit to the
congressional defense committees a report assessing the
ability of each combatant command to conduct all-weather,
day-night airfield operations in a non-permissive, global
positioning system-denied environment.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct, not later than February 1, 2021, the
Secretary of Defense to submit to the congressional defense
committees a report assessing the ability of each combatant
command to conduct all-weather, day-night airfield operations
in a non-permissive, global positioning system-denied
environment. The report shall include, at a minimum, the
following:
(1) An assessment of current air traffic control and
landing systems at existing airfields and contingency
airfields;
(2) An assessment of the ability of each combatant command
to conduct all-weather, day-night airfield flight operations
in a non-permissive, global positioning system-denied
environment at existing and contingency airfields, including
aircraft tracking and precision landing;
(3) An assessment of the ability of each combatant command
to rapidly set up and conduct operations at alternate
airfields, including the ability to receive and deploy forces
in a non-permissive, global positioning system-denied
environment; and
(4) A list of backup systems in place or pre-positioned to
be able to reconstitute operations after an attack.
Increase of amounts available to Marine Corps for base
operations and support
The Senate amendment contained a provision (sec. 5371) that
would increase the amount authorized to be appropriated for
fiscal year 2021 for operation and maintenance for the Marine
Corps by $47.6 million, with the amount of the increase to be
available for SAG BSS1, base operations and support.
The House bill contained no similar provision.
The Senate recedes.
Diesel emissions reduction
The Senate amendment contained a provision (sec. 6083) that
would amend section 16137(a) of title 42, United States Code,
to extend the authorization of the diesel emissions reduction
program from 2016 to 2024.
The House bill contained no similar provision.
The Senate recedes.
Utilizing significant emissions with innovative technologies
The Senate amendment contained a provision (sec. 6084) that
would require the Administrator of the Environmental
Protection Agency to conduct direct air capture research.
The House bill contained no similar provision.
The Senate recedes.

Title IV--Military Personnel Authorizations

Subtitle A--Active Forces

End strengths for active forces (sec. 401)
The House bill contained a provision (sec. 401) that would
authorize active-duty end strength as of September 30, 2021,
as follows: Army, 485,900; Navy, 347,800; Marine Corps,
184,100; Air Force, 327,266; and Space Force, 6,434.
The Senate amendment contained a similar provision (sec.
401) that would authorize active-duty end strength as of
September 30, 2021, as follows: Army, 485,000; Navy, 346,730;
Marine Corps, 180,000; and Air Force, 333,475.
The Senate recedes with an amendment that would authorize
active-duty end strength as of September 30, 2021, as
follows: Army, 485,900; Navy, 347,800; Marine Corps, 181,200;
Air Force, 333,475.
The conferees note the United States Space Force (USSF)
plans to reach an end strength of at least 6,000 personnel by
the end of fiscal year 2021. As the USSF continues to grow
and mature, it is the expectation that the Department of the
Air Force will submit a formal end strength request as
required by section 113a of title 10, United States Code. The
conferees expect the Department of the Air Force to submit a
formal request and justification for USSF end strength to the
congressional defense committees as part of the President's
Department of Defense budget request for fiscal year 2022.
Revisions to permanent active duty end strength minimum
levels (sec. 402)
The House bill contained a provision (sec. 402) that would
amend section 691 of title 10, United States Code, to
establish new minimum Active-Duty end strengths for the Army,
Navy, Marine Corps, Air Force, and Space Force as of
September 30, 2021.
The Senate amendment contained a provision (sec. 402) that
would repeal section 691 of title 10, United States Code. The
provision would also amend section 115 of title 10, United
States Code, to authorize the Secretary concerned to vary
Active-Duty end strength levels as previously authorized by
section 691.
The Senate recedes with an amendment that would amend
section 691 of title 10, United States Code, to remove
references to a national defense strategy focused on
successfully conducting two major regional contingencies. The
provision would also provide authority for the Secretary of
Defense or the Secretary of a military department to vary
Active-Duty end strength by up to 2 percent.
Modification of the authorized number and accounting method
for senior enlisted personnel (sec. 403)
The House bill contained a provision (sec. 403) that would
amend section 517 of title 10, United States Code, to change
the method of calculating the authorized number of senior
enlisted members in the grades of E-8 and E-9 from the daily
average to an authorized

[[Page H6610]]

end strength, and would increase the authorized number of
members in the grade of E-8 from 2.5 percent to 3 percent of
the total number of enlisted members.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike the
authority for an armed force to utilize vacancies in the
grade of E-9 to increase the number of members authorized to
serve at the grade of E-8.

Subtitle B--Reserve Forces

End strengths for Selected Reserve (sec. 411)
The House bill contained a provision (sec. 411) that would
authorize the following end strengths for Selected Reserve
personnel of the Armed Forces as of September 30, 2021: the
Army National Guard of the United States, 336,500; the Army
Reserve, 189,800; the Navy Reserve, 58,800; the Marine Corps
Reserve, 38,500; the Air National Guard of the United States,
108,100; the Air Force Reserve, 70,300; and the Coast Guard
Reserve, 7,000.
The Senate amendment contained an identical provision (sec.
411).
The conference agreement contains this provision.
End strengths for Reserves on active duty in support of the
Reserves (sec. 412)
The House bill contained a provision (sec. 412) that would
authorize the following end strengths for Reserves on Active
Duty in support of the reserve components as of September 30,
2021: the Army National Guard of the United States, 30,595;
the Army Reserve, 16,511; the Navy Reserve, 10,215; the
Marine Corps Reserve, 2,386; the Air National Guard of the
United States, 25,333; the Air Force Reserve, 5,256.
The Senate amendment contained an identical provision (sec.
412).
The conference agreement includes this provision.
End strengths for military technicians (dual status) (sec.
413)
The House bill contained a provision (sec. 413) that would
authorize the following minimum end strengths for military
technicians (dual status) as of September 30, 2021: the Army
National Guard of the United States, 22,294; the Army
Reserve, 6,492; the Air National Guard of the United States,
10,994; and the Air Force Reserve, 7,947.
The Senate amendment contained a similar provision (sec.
413).
The Senate recedes with an amendment that would prohibit
under any circumstances the coercion of a military technician
(dual status) by a State into accepting an offer of
realignment or conversion to any other military status,
including as a member of the Active, Guard, and Reserve
program of a reserve component. The provision would further
specify that if a technician declines to participate in such
a realignment or conversion, no further action may be taken
against the individual or the individual's position.
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 414)
The House bill contained a provision (sec. 414) that would
authorize the maximum number of reserve component personnel
who may be on Active Duty or full-time National Guard duty
under section 115(b) of title 10, United States Code, during
fiscal year 2021 to provide operational support.
The Senate amendment contained an identical provision (sec.
414).
The conference agreement includes this provision.
Separate authorization by Congress of minimum end strengths
for non-temporary military technicians (dual status) and
end strengths for temporary military technicians (dual
status) (sec. 415)
The Senate amendment contained a provision (sec. 415) that
would amend section 115 of title 10, United States Code, to
require the separate authorization of minimum end strengths
for non-temporary dual status military technicians and
maximum end strengths for temporary dual status military
technicians for each fiscal year by the Congress. The
provision would also require the Department of Defense to
include, as part of the President's annual budget request, a
request for end strength authorizations for non-temporary and
temporary dual status military technicians.
The House bill contained no similar provision.
The House recedes with an amendment that would require a
minimum end strength authorization for non-temporary
technicians and a separate end strength authorization for
temporary dual status military technicians.

Subtitle C--Authorization of Appropriations

Military personnel (sec. 421)
The House bill contained a provision (sec. 421) that would
authorize appropriations for military personnel at the levels
identified in the funding table in section 4401 of division D
of this Act.
The Senate amendment contained an identical provision (sec.
421).
The conference agreement includes this provision.

Title V--Military Personnel Policy

Subtitle A--Officer Personnel Policy

Authorized strengths of general and flag officers on active
duty (sec. 501)
The House bill contained a provision (sec. 501) that would
amend section 526a(b) of title 10, United States Code, to
reinstate the exclusions of certain Reserve officers from the
limitations of section 526a(b).
The Senate amendment contained a similar provision (sec.
511).
The Senate recedes with an amendment that would require the
Secretary of Defense to submit a report to the Committees on
Armed Services of the Senate and the House of Representatives
on the allocation of general and flag officer billets and
positions between the military departments and joint
assignments. The required report will also include the
Secretary's final plan to meet 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.
The provision would also amend section 525 of title 10,
United States Code, to authorize the Army to appoint up to 8
Active Duty officers to the grade of general. To maintain a
consistent overall number of four-star officer
authorizations, the provision would amend section 526 of
title 10, United States Code, to reduce the authorized number
of officers serving in joint assignments in the grade of
general or admiral to a maximum of 19.
Temporary expansion of availability of enhanced constructive
service credit in a particular career field upon original
appointment as a commissioned officer (sec. 502)
The House bill contained a provision (sec. 504) that would
amend sections 533 and 12207 of title 10, United States Code,
to provide temporary authority for the Secretaries of the
military departments to award constructive service credit
upon original appointment in particular officer career fields
for advanced education.
The Senate amendment contained an identical provision (sec.
502).
The conference agreement includes this provision.
Diversity in selection boards (sec. 503)
The House bill contained a provision (sec. 502) that would
amend sections 612(a)(1), 573(b), and 14102(b) of title 10,
United States Code, to require that the members of a
selection board represent the diversity of the Armed Forces
to the extent practicable.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Requirement for promotion selection board recommendation of
higher placement on promotion list of officers of
particular merit (sec. 504)
The Senate amendment contained a provision (sec. 503) that
would amend section 616 of title 10, United States Code, to
clarify that the secretary of the military department
concerned shall prescribe guidelines and procedures for
placing officers higher on a promotion selection list based
on an officer's merit.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Special selection review boards for review of promotion of
officers subject to adverse information identified after
recommendation for promotion and related matters (sec.
505)
The Senate amendment contained a provision (sec. 504) that
would delay until January 1, 2021, the applicability of the
amendments made by section 502 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
germane to the manner in which adverse information about a
regular officer would be furnished to a promotion selection
board convened under section 611(a) of title 10, United
States Code, to consider such an officer for promotion to a
grade below brigadier general in the Army, Air Force, and
Marine Corps, rear admiral (lower half) in the Navy, or the
equivalent grade in the Space Force.
The provision would also modify section 14107 of title 10,
United States Code, to extend prescriptions for furnishing
adverse information to promotion selection boards convened
pursuant to section 14101(a) of title 10, United States Code,
to consider a reserve officer for promotion to a grade above
lieutenant colonel in the Army, Air Force, and Marine Corps,
commander in the Navy, or the equivalent grade in the Space
Force.
Finally, the provision would codify in two new sections of
law the authority of the Secretary of the military
department concerned to convene a special selection review
board--pursuant to section 628a of title 10, United States
Code, for regular officers and pursuant to section 14502a
of title 10, United States Code, for reserve officers--
upon determining that an officer recommended for promotion
to a grade at or below major general in the Army, Air
Force, and Marine Corps, rear admiral in the Navy, or the
equivalent grade in the Space Force is the subject of
adverse information that was not furnished to a promotion
selection board that recommended the officer for
promotion, as required by sections 615 or 14107 of title
10, United States Code.
Any special selection review board convened--whether for a
regular or reserve officer--would, to the greatest extent
practicable, apply the same standards used by the promotion
selection board that originally recommended the officer for
promotion and would consider the record of the officer as
presented to the original promotion board, together with the
adverse information regarding the officer. The special
selection review board would be conducted so as not to
indicate or disclose the officer or officers for whom the
board was convened and the members of the board would apply a
competitive process to determine whether or not to sustain
the recommendation of the officer or officers at issue for
promotion. An officer

[[Page H6611]]

whose promotion is recommended for sustainment by a special
selection review board and approved by the President would be
appointed to the next higher grade as soon as practicable
and, upon appointment, would have the same date of rank as
the officer would have had pursuant to the recommendation of
the original promotion board. If a special selection review
board did not sustain a recommendation for promotion of an
officer, that officer would be considered to have failed
selection for promotion.
The amendments to section 14107 and the codification of
sections 628a and 14502a of title 10, United States Code,
would take effect on the date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Secretaries of each of the military departments provide a
briefing to the Committees on Armed Services of the Senate
and the House of Representatives, not later than 180 days
after the date of the enactment of this Act, detailing the
specific rules and processes applicable to implementation of
this provision in that department, together with the
department's implementation timeline.
Number of opportunities for consideration for promotion under
alternative promotion authority (sec. 506)
The Senate amendment contained a provision (sec. 505) that
would amend section 649c of title 10, United States Code, to
make a technical correction related to the definition of the
term ``promotion zone'' in the alternative promotion
authority provided by section 507 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115232).
The House bill contained no similar provision.
The House recedes.
Mandatory retirement for age (sec. 507)
The Senate amendment contained a provision (sec. 506) that
would amend section 1251 of title 10, United States Code, to
include the Space Force and expand the authority of the
Secretaries of the military departments to permit an officer
to defer retirement until the officer reaches age 68. The
provision would also clarify benefit eligibility for officers
who reach mandatory retirement age.
The House bill contained no similar provision.
The House recedes with an amendment that would require all
regular commissioned officers who have been added to the
retired list prior to enactment of this Act to receive
retired pay.
Clarifying and improving restatement of rules on the retired
grade of commissioned officers (sec. 508)
The Senate amendment contained a provision (sec. 507) that
would clarify the rules governing the retired grades of
commissioned officers. The codification of rules pertaining
to regular officers would be restated in section 1370 of
title 10, United States Code, and the rules applicable to
non-regular officers--including guidance to address certain
unique circumstances particular to a non-regular career
path--would be set forth in new section 1370a of title 10,
United States Code.
Both sections 1370 and 1370a would address the principles
underpinning determinations of satisfactory service, the
effect of misconduct in a lower grade on such determinations,
service-in-grade requirements and waivers and reductions
thereto, and requirements for notice to the Congress.
As a general rule, the restatement would reserve to the
Secretary of the military department concerned the authority
to make grade determinations with regard to officers--regular
and non-regular--to be retired at or below major general,
rear admiral, or the equivalent grade, but without the power
of delegation. The restatement would reserve to the Secretary
of Defense most actions related to officers proposed for
retirement in a grade above major general, rear admiral, or
the equivalent.
The restatement would promulgate enhanced guidelines for
the assignment of a conditional retired grade to officers
under investigation for misconduct or pending adverse
personnel action and the determination of an officer's final
retired grade and adjustment of retired pay on the resolution
of such matters.
Finally, the restatement would clarify the conditions
pursuant to which an administratively final retirement grade
could be reopened, and the manner by which a proposed change
to a reopened grade would be effectuated and the officer's
retired pay recalculated. Although the committee has
undertaken to clarify section 509 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
it remains strongly committed to the principle that a
determination to increase an officer's retired grade to O-9
or O-10 after reopening an administratively final
determination may be effectuated only by the President, by
and with the advice and consent of the Senate. Although the
committee ultimately declined to take this step, it
considered returning to the long-held practice of requiring
that all O-9 and O-10 retirements, of both Active and Reserve
officers, be made by the President, by and with the advice
and consent of the Senate. The current practice, enacted by
section 502 of the National Defense Authorization Act for
1996 (Public Law 104-106)--pursuant to which the Secretary of
Defense certifies to the Congress the highest grade in which
such officers have served satisfactorily and should be
retired--is a creature of statute, derived from the Congress'
authority under Article I, Section 8, of the U.S.
Constitution to raise, support, and regulate the Armed
Forces. Prior to 1996, an officer could be retired in the
grade of O-9 or O-10 only by the President, by and with the
advice and consent of the Senate. The committee expects that
any reopening of an administratively final determination of
retired grade that results in the proposal to increase an
officer's retired grade to O-9 or O-10 be submitted by the
President to the Senate under provisions of section 509 of
the National Defense Authorization Act for Fiscal Year 2020,
as amended by the instant provision.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Repeal of authority for original appointment of regular Navy
officers designated for engineering duty, aeronautical,
engineering duty, and special duty (sec. 509)
The Senate amendment contained a provision (sec. 508) that
would repeal section 8137 of title 10, United States Code,
which authorizes the Secretary of the Navy to appoint regular
officers who are designated for engineering, aeronautical
engineering, and special duty.
The House bill contained no similar provision.
The House recedes.
Permanent programs on direct commissions to cyber positions
(sec. 509A)
The House bill contained a provision (sec. 505) that would
amend section 509 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) to make permanent a
direct commission program for cyber positions.
The Senate amendment contained no similar provision.
The Senate recedes.
Review of Seaman to Admiral-21 Program (sec. 509B)
The House bill contained a provision (sec. 523) that would
require the Secretary of the Navy to review personnel records
of participants in the Seaman to Admiral-21 program during
fiscal years 2010 through 2014 to determine whether
participants acknowledged that service during the
baccalaureate degree program would not be included in
calculations related to military retirement eligibility. The
provision would also require the Secretary of the Navy to
award retirement credit to any participant in the Seaman to
Admiral-21 program when no evidence can be found of the
participant acknowledging that time spent in the
baccalaureate degree program would not be included in
calculations related to military retirement eligibility. The
provision would also require the Secretary of the Navy to
provide a report on the required review to the Committees on
Armed Services of the Senate and the House of
Representatives.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment requiring the
Secretary of the Navy to review the policies and procedures
for the Seaman to Admiral-21 program in effect during fiscal
years 2010 through 2014. The results of the required review
shall be reported to the Committees on Armed Services of the
Senate and the House of Representatives by not later than 180
days after the date of enactment of this Act.

Subtitle B--Reserve Component Management

Temporary authority to order retired members to active duty
in high-demand, low-density assignments during war or
national emergency (sec. 511)
The House bill contained a provision (sec. 520D) that would
amend section 14703 title 10, United States Code, to
authorize the Secretary of a military department to reinstate
a previously retired medical officer in the Active or Reserve
Component with the consent of the officer.
The House bill also contained a provision (sec. 521) that
would amend section 688a of title 10, United States Code, to
authorize the Secretary of a military department to recall
more than 1,000 retirees to Active Duty during a war or
national emergency.
The Senate amendment contained a similar provision (sec.
517).
The House recedes.
The conferees note that the authority provided by this
provision would also authorize the Secretary concerned to
recall or reinstate retired medical officers.
Expansion of Junior Reserve Officers' Training Corps program
(sec. 512)
The Senate amendment contained a provision (sec. 547) that
would that would amend section 2031(a)(2) of title 10, United
States Code, to insert language expanding the purpose of the
Junior Reserve Officers' Training Corps (JROTC) to include an
introduction to service opportunities in military, national,
and public service. The provision would also require the
Secretary of Defense to develop and implement a plan to
establish and support not fewer than 6,000 JROTC units by
September 30, 2031.
The House bill contained no similar provision.
The House recedes with an amendment that would strike the
requirement that Secretary of Defense develop and implement a
plan to establish and support at least 6,000 JROTC units by
September 30, 2031.

[[Page H6612]]

Grants to support STEM education in the Junior Reserve
Officers' Training Corps (sec. 513)
The House bill contained a provision (sec. 511) would
authorize the Secretary of Defense to establish a grant
program for science, technology, engineering, and mathematics
education in Junior Reserve Officers' Training Corps units at
the Secretary's discretion.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment striking language that
would authorize the Secretary of Defense to consult private
sector organizations in developing the grant program.
Permanent suicide prevention and resilience program for the
reserve components (sec. 514)
The House bill contained a provision (sec. 520F) that would
amend section 10219 of title 10, United States Code, by
striking subsection (h).
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of education loan repayment program for members
of Selected Reserve (sec. 515)
The House bill contained a provision (sec. 512) that would
amend section 16301(b) of title 10, United States Code, to
authorize the Secretary of Defense to repay a portion of a
student loan for a member of the Selected Reserve up to an
amount equal to 20 percent of the outstanding balance or
$1,000 for each year of service.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense to pay up to $1,000 per year as part
of the education loan repayment program for members of the
Selected Reserve.
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. 516)
The House bill contained a provision (sec. 514) that would
authorize the Secretary of Defense to prescribe regulations
to approve retirement points to a member of the reserve
component who cannot complete minimum annual training
requirements due to the cancellation of training as a result
of a national emergency.
The Senate amendment contained a similar provision (sec.
621).
The House recedes with an amendment that would amend
sections 12732 and 12733 of title 10, United States Code, to
authorize the Secretary of Defense, or the Secretary of
Homeland Security with respect to the Coast Guard, to provide
points for Reserve retirement purposes if a Reserve
servicemember is prevented from participating in required
drills or training during the emergency period beginning on
March 1, 2020, which coincides with the COVID-19 pandemic.
The provision would also require the Secretary of Defense to
provide a report to the Committees on Armed Services of the
Senate and the House of Representatives on the use of this
authority.
Quarantine lodging for members of the reserve components who
perform certain service in response to the COVID-19
emergency (sec. 517)
The House bill contained a provision (sec. 520B) that would
require the Secretary of Defense to provide at least 14 days
of housing for members of the National Guard ordered to
active service in response to the COVID-19 national
emergency.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense to provide at least 14 days of
housing for members of the Reserve Components ordered to
active service in response to the COVID-19 national
emergency.
Direct employment pilot program for certain members of the
reserve components (sec. 518)
The House bill contained a provision (sec. 516) that would
authorize the Secretary of Defense to create a pilot program
to collaborate with States in establishing or expanding job
placement programs, and related employment services, for
unemployed Guardsmen or Reservists.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
States to provide at least 50 percent of the funds required
to establish or expand the pilot program.
Pilot programs authorized in connection with SROTC units and
CSPI programs at Historically Black Colleges and
Universities and minority institutions (sec. 519)
The House bill contained a provision (sec. 518) that would
require the Secretary of Defense to create pilot programs
that support Senior Reserve Officers' Training Corps units at
historically Black Colleges and Universities and minority
institutions, to include creating partnerships between
military bases and institutions and providing financial
assistance for pilot training.
The Senate amendment contained a similar provision (sec.
546).
The Senate recedes with an amendment requiring the
Secretary of Homeland Security to have responsibility and
oversight of the Pilot Program on Financial Assistance for
Flight Training for members of the Coast Guard College
Student Pre-Commissioning Initiative Program.
Report regarding full-time National Guard duty in response to
the COVID-19 pandemic (sec. 519A)
The House bill contained a provision (sec. 519) that would
require the Secretary of Defense to submit a report to the
congressional defense committees on the decision to authorize
full-time National Guard duty at the request of the States in
response to the COVID-19 pandemic.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Study and report on National Guard support to States
responding to major disasters (sec. 519B)
The House bill contained a provision (sec. 520C) that
would amend section 502(f) of title 32, United States Code,
to require the Department of Defense to budget and pay for
the costs of National Guard personnel ordered to respond to
large scale, complex, and catastrophic disasters.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a study and provide a
report to the Committees on Armed Services of the Senate and
the House of Representatives on the process by which the
National Guard provides support to other Federal agencies and
to States during major disasters.
Report on guidance for use of unmanned aircraft systems by
the National Guard (sec. 519C)
The House bill included a provision (sec. 515) that would
require the Secretary of Defense to issue new guidance for
expedited review of requests for the use of unmanned aircraft
systems by the National Guard for covered activities within
the United States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a comprehensive review of
all current Department of Defense guidance and
directives governing the use of unmanned aircraft systems
by the National Guard for covered activities within the
United States and submit to the Congress a report
detailing recommendations to improve current processes in
order to expedite the review of such requests.
The conferees expect the Secretary to conduct the required
review and submit recommendations to the Congress in
accordance with the stated deadline.
Study and report on ROTC recruitment (sec. 519D)
The House bill contained a provision (sec. 520) that would
require the Secretary of Defense to study and provide a
report to the congressional defense committees on the
military career outcomes of participants in the Junior and
Senior Reserve Officers' Training Corps (ROTC).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
study to assess whether participants in the Junior ROTC
program are more likely to join the Armed Forces than non-
Junior ROTC participants.

Subtitle C--General Service Authorities and Correction of Military
Records

Increased access to potential recruits (sec. 521)
The Senate amendment contained a provision (sec. 516) that
would amend sections 503 and 983 of title 10, United States
Code, to add e-mail addresses and mobile telephone numbers to
the list of information required to be provided to recruiters
by institutions of higher education and secondary schools.
The provision would also require secondary schools to provide
student information within 60 days of a request from a
military recruiter. Additionally, this provision would
require colleges and universities to provide student
directory information within 60 days of the start of a school
year or 60 days of the date of a recruiter's request as well
as to provide lists of those students who do not return to
the institution from the previous semester.
The House bill contained no similar provision.
The House recedes with an amendment that would amend
sections 503 and 983 of title 10, United States Code, to add
e-mail addresses to the list of information required to be
provided to recruiters by institutions of higher education
and secondary schools.
Sunset and transfer of functions of the Physical Disability
Board of Review (sec. 522)
The Senate amendment contained a provision (sec. 588) that
would amend section 1554a of title 10, United States Code, to
authorize the Secretary of Defense to sunset the Physical
Disability Board of Review on or after October 1, 2020. The
provision would require the Secretary to transfer any
remaining requests pending the Board's review at that time
and to assign them to a board for the correction of military
records operated by the Secretary of the military department
concerned.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Honorary promotion matters (sec. 523)
The Senate amendment contained a provision (sec. 552) that
would amend chapter 80 of

[[Page H6613]]

title 10, United States Code, authorizing the Secretary of
Defense to make honorary promotions, 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. At least 60 days prior to making an honorary
promotion, the Secretary would provide notification to the
Committees on Armed Services of the Senate and the House of
Representatives and the requesting Member of Congress, if
applicable, including a detailed discussion of the rationale
supporting the determination.
In addition, the provision would amend section 1563 of
title 10, United States Code, to require that all promotions
made using this authority would be honorary, whether or not
posthumous, with no effect on pay, retired pay, or other
benefits.
The House bill contained no similar provision.
The House recedes.
Exclusion of official photographs of members from records
furnished to promotion selection boards (sec. 524)
The House bill contained a provision (sec. 503) that would
require the redaction of personally identifiable information
from records furnished to a promotion board.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to include in regulations governing the
active and reserve component officer and enlisted promotion
selection board processes a prohibition on the inclusion of
an official photograph in the information furnished to the
board. Further, the amendment would require that, not later
than 1 year after the date of the enactment of this Act, the
Secretary of Defense provide the Committees on Armed Services
of the Senate and the House of Representatives a report
setting forth recommendations for the redaction or removal of
such other information currently furnished to promotion
selection boards as the Secretary considers appropriate to
eliminate inappropriate bias in the promotion selection
process, together with a plan for implementing the redaction
or removal of such information.
Report regarding reviews of discharges and dismissals based
on sexual orientation (sec. 525)
The House bill contained a provision (sec. 524) that would
require that, not later than September 30, 2021, the
Secretary of Defense and Secretary of Veterans Affairs
jointly submit to Congress a report regarding former members
of the Armed Forces who: (1) Were discharged or dismissed
from the Armed Forces; (2) Have applied to either Secretary
for an upgrade in the characterization of discharge or
dismissal; and (3) Allege in such applications that such
discharges or dismissal arose from a policy of the Department
of Defense regarding the sexual orientation or gender
identity of a member.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that not later than September 30, 2021, the Secretary of
Defense 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.
The provision would expressly require that the Secretary
include in the report the number of such applications: (1)
That were denied; and (2) In which the discharge or dismissal
was based solely on misconduct of the discharged or dismissed
member, but only if the Secretary can determine that number
without a case-by-case review of upgrade applications.

Subtitle D--Prevention and Response to Sexual Assault, Harassment, and
Related Misconduct

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. 531)
The Senate amendment contained a provision (sec. 521) that
would amend section 673 of title 10, United States Code, to
extend the approval or disapproval time of an expedited
transfer request from 72 hours to 5 calendar days.
The House bill contained no similar provision.
The House recedes.
Confidential reporting of sexual harassment (sec. 532)
The House bill contained a provision (sec. 550C) that would
require the Secretary of Defense to prescribe regulations
establishing a process by which a member of the Armed Forces
may confidentially allege a complaint of sexual harassment to
an individual outside the immediate chain of command of that
member.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
reports on complaints of sexual harassment to the Committees
on Armed Services of the Senate and the House of
Representatives every 2 years, beginning April 30, 2023, and
a plan for access to confidential reports to identify serial
harassers.
Additional bases for provision of advice by the Defense
Advisory Committee for the Prevention of Sexual
Misconduct (sec. 533)
The House bill contained a provision (sec. 543) that would
amend section 550B of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) to include
additional items for the Defense Advisory Committee for the
Prevention of Sexual Misconduct to review.
The Senate amendment contained an identical provision (sec.
527).
The conference agreement includes this provision.
Additional matters for 2021 report of the Defense Advisory
Committee for the Prevention of Sexual Misconduct (sec.
534)
The Senate amendment contains a provision (sec. 528) that
would amend section 550B of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) to
include additional matters for reports provided by the
Defense Advisory Committee for the Prevention of Sexual
Misconduct.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Inclusion of advisory duties on the Coast Guard Academy among
duties of Defense Advisory Committee for the Prevention
of Sexual Misconduct (sec. 535)
The Senate amendment (sec. 522) contained a provision that
would include the United States Coast Guard (USCG) Academy in
the Defense Committee for the Prevention of Sexual Assault
(DAC-PSA) established by section 550B of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
Additionally, the provision would require the DAC-PSA to
advise the Secretary of the Department under which the USCG
is operating on policies, programs, and practices of the USCG
Academy.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Modification of reporting and data collection on victims of
sexual offenses (sec. 536)
The House bill contained a provision (sec. 544) that would
amend section 547 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
to modify data collection and reporting on victims of sexual
assault.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of annual report regarding sexual assaults
involving members of the Armed Forces (sec. 537)
The House bill contained a provision (sec. 545) that would
amend section 1631(d) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383)
to include the Committees on Veterans Affairs of the Senate
and the House of Representatives.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Coordination of support for survivors of sexual trauma (sec.
538)
The House bill contained a provision (sec. 546) that would
require the Secretary of Defense and Secretary of Veterans
Affairs to jointly develop, implement, and maintain a
standard of coordinated care for members of the Armed
Services who are survivors of sexual trauma. Such standard
shall include information provided to members of the Armed
Forces and coordination between the staff of the Department
of Defense and Department of Veterans Affairs. This section
would also require the Secretary of Defense and Secretary of
Veterans Affairs to provide a report to appropriate
committees of Congress not later than 180 days after the date
of the enactment of this Act regarding the availability of
residential treatment programs for survivors of sexual
trauma, including barriers to access for such programs and
resources required to reduce such barriers.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Policy for military service academies on separation of
alleged victims and alleged perpetrators in incidents of
sexual assault (sec. 539)
The House bill contained a provision (sec. 547) that would
require the Secretary of Defense, in consultation with the
Secretaries of the military departments, and the
Superintendent of each military service academy, to prescribe
in regulations a policy that affords a cadet or midshipman
who is an alleged sexual assault victim and a cadet or
midshipman who is an alleged perpetrator of sexual assault,
to the extent practicable, the opportunity to complete their
course of study without taking classes together or otherwise
being in close proximity to each other during mandatory
activities.
The provision would also require the Secretary to ensure
that the policy protects the alleged victim, allows both the
alleged victim and alleged perpetrator to complete their
course of study with minimal disruption, protects the privacy
of the alleged victim and the alleged perpetrator, and
minimizes the burden on the alleged victim when

[[Page H6614]]

separating the alleged victim and alleged perpetrator.
The Senate amendment contained a similar provision (sec.
529).
The Senate recedes with an amendment that would require
that the policy permit an alleged victim to elect not to be
covered by the policy, minimize the prejudicial impact of the
policy, to the extent practicable, on both the alleged victim
and the alleged perpetrator, and apply to cadets at the
United States Coast Guard Academy.
Safe-to-report policy applicable across the Armed Forces
(sec. 539A)
The House bill contained a provision (sec. 548) that would
require the Secretary of Defense, in consultation with the
Secretaries of the military departments, to prescribe
regulations for the processing of cases of minor collateral
misconduct committed by alleged victims of sexual assault.
The provision would also require the Secretary to define
aggravating circumstances that would increase the gravity of
minor collateral misconduct and to track incidents of minor
collateral misconduct.
The Senate amendment contained a similar provision (sec.
526).
The House recedes.
Accountability of leadership of the Department of Defense for
discharging the sexual harassment policies and programs
of the Department (sec. 539B)
The Senate amendment contained a provision (sec. 525) that
would require the Secretary of Defense to develop and
implement a strategy on holding leadership accountable for
discharging the sexual harassment policies and programs of
the Department of Defense.
The House bill contained no similar provision.
The House recedes.
Reports on status of investigations of alleged sex-related
offenses (sec. 539C)
The House bill contained a provision (sec. 550A) that
would require a report, not later 1 year after the date of
the enactment of this Act and annually through December 31,
2025, on the status of investigations into alleged sex-
related offenses.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on ability of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim Advocates
to perform duties (sec. 539D)
Senate amendment contained a provision (sec. 523) that
would require the Secretary of Defense to conduct a survey of
sexual assault response coordinators and sexual assault
prevention and response victim advocates on their experiences
in assisting victims of sexual assault by June 30, 2021. The
provision would require the Secretary to submit a report on
the results of the survey, including any actions to be taken
based on the results, to the Committees on Armed Services of
the Senate and the House of Representatives.
The House bill contained no similar provision.
The House recedes.
Briefing on Special Victims' Counsel program (sec. 539E)
The Senate amendment contained a provision (sec. 524) that
would require 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 to brief the
congressional defense committees on the status of the Special
Victims' Counsel program of the Armed Force concerned.
The House bill contained no similar provision.
The House recedes.
Briefing on placement of members of the Armed Forces in
academic status who are victims of sexual assault onto
Non-Rated Periods (sec. 539F)
The House bill contained a provision (sec. 594) that would
require the Secretary of Defense to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives on the feasibility and advisability of
granting requests from members of the Armed Forces who are in
academic status and who are victims of sexual assault to be
placed on a non-rated period for their performance report.
The Senate amendment contained a similar provision (sec.
530).
The House recedes with an amendment that would require the
Secretary of Defense to brief the Committees on Armed
Services of the Senate and the House of Representatives not
later than 270 days after the date of the enactment of this
Act.

Subtitle E--Military Justice and Other Legal Matters

Right to notice of victims of offenses under the Uniform Code
of Military Justice regarding certain post-trial motions,
filings, and hearings (sec. 541)
The House bill contained a provision (sec. 540K) that would
amend Article 6b(a)(2) of the Uniform Code of Military
Justice (10 U.S.C. 802b(a)(2)), to provide that victims of
offenses under the Uniform Code of Military Justice have the
right to reasonable, accurate, and timely notice of 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.
The Senate amendment contained an identical provision (sec.
531).
The conference agreement contains this provision.
Qualifications of judges and standard of review for Courts of
Criminal Appeals (sec. 542)
The House bill contained a provision (sec. 540J) that would
require a minimum of 12 years of experience in the practice
of law to qualify as a military judge on the Court of
Criminal Appeals. The provision would also amend Article 66
of the Uniform Code of Military Justice (10 U.S.C. 866) to
require the Court of Criminal Appeals, when considering
appeals of court-martial convictions, to consider whether the
finding is correct in fact only upon a specific showing by
the accused of deficiencies of proof. Under the provision,
the Court could set aside and dismiss a finding if clearly
convinced that the finding was against the weight of the
evidence. Further, the provision would require the entire
Court of Criminal Appeals review a determination by a panel
of the Court that a finding of guilty was clearly against the
weight of the evidence.
The Senate amendment contained a similar provision (sec.
532).
The Senate recedes with an amendment that would remove the
requirement for the entire Court of Criminal Appeals to
review a determination by a panel of the Court that a finding
of guilty was clearly against the weight of the evidence and
would amend Article 67 of the Uniform Code of Military
Justice (10 U.S.C. 867) to authorize the United States Court
of Appeals for the Armed Forces to review such a
determination.
Preservation of court-martial records (sec. 543)
The House bill contained a provision (sec. 532) that would
require the Department of Defense to retain records of the
military justice system for a minimum of 15 years.
The Senate amendment contained a similar provision (sec.
533).
The Senate recedes.
Availability of records for National Instant Criminal
Background Check System (sec. 544)
The House bill contained a provision (sec. 540F) that would
amend section 101(b) of the NICS Improvement Amendments Act
of 2007 (34 U.S.C. 40911(b)) to require the Secretary of
Defense make available to the Attorney General records
relevant to a determination of whether a servicemember is
disqualified from possessing or receiving a firearm for use
in background checks performed by the National Instant
Criminal Background Check System.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
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. 545)
The Senate amendment contained a provision (sec. 586) that
would require that, not later than October 1, 2021, the
Secretary of Defense establish and implement a policy and
process through which a person's name, personally identifying
information, and other pertinent information could be
expunged or otherwise removed from: (1) The subject or title
block of a Department of Defense (DOD) law enforcement or
criminal investigative report; (2) The Department of Defense
Central Index of Investigations (DCII); and (3) Any other
record maintained by the DOD in connection with such a report
or DCII entry, under circumstances in which probable cause
did not or does not exist to determine that the offense for
which the person was titled occurred or that the titled
person actually committed the offense.
Further, the provision would require the Department to
establish a mechanism to assist a person whose information is
expunged or removed from DOD records in correcting or
expunging the person's information from records and databases
maintained by organizations or entities external to the DOD,
based on information previously provided by the Department.
Finally, the provision would require the Secretary of
Defense to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives, not
later than October 1, 2021, detailing actions taken to
implement these requirements.
The House bill contained no similar provision.
The House recedes.
Briefing on mental health support for vicarious trauma for
certain personnel in the military justice system (sec.
546)
The Senate amendment contained a provision (sec. 535) that
would require 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 to brief the Committees on
Armed Services of the Senate and the House of Representatives
on the mental health support for vicarious trauma provided to
certain personnel in the military justice system no later
than 180 days after the date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes with a technical amendment.

[[Page H6615]]

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. 547)
The Senate amendment contained a provision (sec. 347) that
would require the Comptroller General of the United States to
study and submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
implementation of the recommendations in the May 2019 report
of the Government Accountability Office titled ``Military
Justice: DOD and the Coast Guard Need to Improve Their
Capabilities to Assess Racial and Gender Disparities'' (GAO-
19-344) and the requirements in section 540I(b) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
The House bill contained no similar provision.
The House recedes.
Legal assistance for veterans and surviving spouses and
dependents (sec. 548)
The Senate amendment contained a provision (sec. 6085) that
would require the Secretary of Veterans Affairs to facilitate
the provision of pro bono legal assistance services to
veterans and the surviving spouses and children of deceased
veterans, at no fewer than one Department of Veterans Affairs
medical center in each state, at least three times annually.
Authorized legal assistance services providers would include
Veterans Service Organizations, legal assistance clinics
associated with accredited law schools, non-profit legal
services organizations, and bar associations, among others.
Legal assistance services to be provided would focus on
applications for military discharge upgrades, perfecting
benefits claims, and other legal services to be determined by
the Secretary of Veterans Affairs.
The provision also would establish a 5-year pilot program
to assess the feasibility and advisability of the Department
awarding grants to create new and enhance existing legal
assistance clinics to provide year-round pro bono legal
assistance to all veterans at locations other than medical
centers. The provision would further task the Secretary to
award at least one grant in each state using a competitive
process, to coordinate with the Attorney General and Office
of Government Ethics to review the rules for Federal
government attorneys providing pro bono legal assistance, and
to recommend legislative and administrative changes to allow
for greater participation.
The House bill contained no similar provision.
The House recedes.
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. 549)
The House bill contained a provision (sec. 540E) that would
amend section 3955 of title 50, United States Code, to
authorize the spouse or dependent of a servicemember to
terminate certain leases on behalf of a servicemember if the
servicemember is incapable of such actions due to a
catastrophic injury, illness, or death.
The Senate amendment contained no similar provision.
The Senate recedes.
Multidisciplinary board to evaluate suicide events (sec.
549A)
The House bill contained a provision (sec. 540) that would
require the Secretary of Defense to issue guidance that each
suicide event involving a servicemember must be reviewed by a
multidisciplinary board established at the command or
installation level. The provision would require the
military service chiefs to implement such guidance within
90 days of the date of issuance of the Secretary's
guidance. Additionally, the provision would require the
Secretary to submit a progress report to the congressional
defense committees, within 180 days of the date of the
enactment of this Act, on implementation of the guidance.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
suicide event review by a multidisciplinary board established
at the command or installation level, or by the military
service chiefs, of each suicide event involving a
servicemember. The provision would also modify the
requirements for each suicide event review of such boards.
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. 549B)
The House bill contained a provision (sec. 539) that would
require the Secretary of Defense, consistent with the
recommendations of the Comptroller General of the United
States in the Government Accountability Office report titled
``Child Welfare: Increased Guidance and Collaboration Needed
to Improve DOD's Tracking and Response to Child Abuse'' (GAO-
20-110), to improve the efforts of the Department of Defense
to track and respond to incidents of child abuse involving
dependents of members of the Armed Forces that occur on
military installations.
The Senate amendment contained a similar provision (sec.
575).
The House recedes with an amendment that would require the
Secretary of Defense, consistent with the recommendations of
the Comptroller General of the United States in the
Government Accountability Office report titled ``Child
Welfare: Increased Guidance and Collaboration Needed to
Improve DOD's Tracking and Response to Child Abuse'' (GAO-20-
110), 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.
Independent analysis and recommendations on domestic violence
in the Armed Forces (sec. 549C)
The House bill contained a provision (sec. 538) that would
require the Secretary of Defense to establish a military-
civilian task force on domestic violence with experts from
within the Department of Defense, Department of Justice,
Department of Health and Human Services, and Centers for
Disease Control and Prevention, as well as civilian experts.
The provision also would require an initial report from the
task force to the Secretary 1 year after the Secretary
establishes the task force, as well as an annual report to
the Congress until the task force is terminated.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense 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
Armed Forces in responding to and preventing domestic
violence.

Subtitle F--Diversity and Inclusion

Diversity and inclusion reporting requirements and related
matters (sec. 551)
The House bill contained a provision (sec. 571) that would
amend section 113 of title 10, United States Code, to require
the Secretary of Defense to establish and maintain a standard
set of strategic metrics and benchmarks toward the objective
of increasing diversity in the Armed Forces. The provision
also would require the Secretary to include as a part of the
National Defense Strategy data on the demographics of each of
the Armed Forces.
The House bill also contained a provision (sec. 572) that
would amend chapter 7 of title 10, United States Code, to
require the Secretary of Defense to establish a ``Diversity
and Inclusion Advisory Council of the Department of
Defense.''
The Senate amendment contained a similar provision (sec.
520) that would require the Secretary to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the findings and recommendations
of the Defense Board on Diversity and Inclusion in the
Military and the actions the Secretary will take in response
to such recommendations. Further, the provision would require
the Secretary to submit to the committees a report on the
Defense Advisory Committee on Diversity and Inclusion in the
Armed Forces established by the Secretary, and a report on
current diversity and inclusion in the Armed Forces.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit a report accompanying each
National Defense Strategy setting forth current diversity and
inclusion demographics across the Armed Forces. Further, the
provision would provide that any diversity and inclusion
metric established may not be used in a manner that
undermines the merit-based processes of the Department of
Defense and the Department in which the Coast Guard is
operating. The provision also would require each Secretary of
a military department and the Commandant of the Coast Guard
to consider all best qualified candidates when making a
recommendation to the President of the United States for the
nomination of an officer for initial appointment to a
position of importance and responsibility. Finally, the
provision would repeal reporting requirements set forth in
section 115a of title 10, United States Code, which are
superseded by the provision, and would require the Secretary
of Defense to provide 60 days advance notice to the
Committees on Armed Services of the Senate and the House of
Representatives prior to dissolving the Defense Advisory
Committee on Diversity and Inclusion in the Armed Forces.
National emergency exception for timing requirements with
respect to certain surveys of members of the Armed Forces
(sec. 552)
The Senate amendment contained a provision (sec. 587) that
would amend sections 481, 481a, 7461, 8480, and 9461 of title
10, United States Code, to authorize the Secretary of Defense
to postpone the conduct of the following surveys when
conducting these surveys is not practicable due to a war or
national emergency declared by the President or the Congress:
(1) Armed Forces Workplace and Gender Relations Surveys; (2)
Armed Forces Workplace and Equal Opportunity Surveys; (3)
Assessments of sexual harassment and sexual violence at the
military service academies; and (4) The workplace and gender
relations survey of Department of Defense civilian employees.
The conferees expect that the Secretary would exercise this
authority to postpone these surveys and assessments only when
conditions are such that the survey cannot be conducted or,
if conducted, the results of the survey would not be
meaningful. The committee also expects that any survey
postponed under this authority would be

[[Page H6616]]

conducted as soon as practicable and appropriate.
The House bill contained no similar provision.
The House recedes.
Questions regarding racism, anti-Semitism, and supremacism in
workplace surveys administered by the Secretary of
Defense (sec. 553)
The House bill contained a provision (sec. 574) that would
amend section 593 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92), to include
questions about ``racist, xenophobic, anti-Semitic, or
supremacist'' conduct in workplace surveys administered by
the Department of Defense.
The Senate amendment contained a similar provision (sec.
5586).
The House recedes with an amendment that would include
questions about ``racist, anti-Semitic, or supremacist''
conduct in Department of Defense surveys, and require a
briefing to the Committees on Armed Services of the Senate
and the House of Representatives, not later than March 1,
2021, on the text of the questions and the surveys in which
such questions would be included.
Inspector General oversight of diversity and inclusion in
Department of Defense; supremacist, extremist, or
criminal gang activity in the Armed Forces (sec. 554)
The House bill contained a provision (sec. 573) that would
establish a Special Inspector General for Racial and Ethnic
Disparities in the Armed Forces to provide for independent
and objective conduct and supervision of audits and
investigations relating to racial and ethnic disparities in
military personnel and military justice and to make
recommendations to the Secretary of Defense and to the
Congress on actions necessary to eliminate such racial and
ethnic disparities. The provision also would require the
Special Inspector General to submit an annual report to the
Secretary of Defense and the congressional defense
committees, as well as quarterly reports to the Secretary of
Defense and congressional defense committees, due 30 days
after the end of each fiscal year quarter.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish
in the Office of the Inspector General of the Department of
Defense an additional Deputy Inspector General who would be
responsible for the conduct and supervision of audits,
investigations, and evaluations of: (1) Military personnel
policies, programs, systems, and processes as regards the
effect of same on diversity and inclusion in the Department
of Defense; and (2) The Department's policies, programs,
systems, and processes to prevent and respond to supremacist,
extremist, and criminal gang activity by military personnel,
including the tracking of allegations and the dispositions
thereof with respect to conduct of members of the Armed
Forces that is prohibited under Department of Defense
Instruction 1325.06, titled ``Handling Dissident and Protest
Activities Among Members of the Armed Forces.''
Policy to improve responses to pregnancy and childbirth by
certain members of the Armed Forces (sec. 555)
The House bill contained a provision (sec. 579) that would
require the Secretary of Defense, in coordination with the
Secretaries of the military departments, to develop a plan to
improve responses to pregnancy and childbirth of
servicemembers and employees of the Department of Defense and
to provide a report detailing the plan to the congressional
defense committees within 90 days of the date of the
enactment of this Act. The provision would also require the
Secretary to implement the plan within 2 years of the date of
the enactment of this Act and to provide a report to the same
committees.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense, in coordination with the Secretaries of
the military departments, to develop a policy to ensure that
the career of a servicemember is not unduly affected by
pregnancy, childbirth, or a medical condition arising from
pregnancy or childbirth. The amendment would require the
Secretary of Defense to submit a briefing summarizing the
policy with a copy of the policy to the Committees on Armed
Services of the Senate and the House of Representatives
within 180 days of the date of the enactment of this Act.
Training on certain Department of Defense instructions for
members of the Armed Forces (sec. 556)
The Senate amendment contained a provision (sec. 541) that
would require the Secretary of Defense to develop and
implement training regarding religious liberty and
accommodation for members of the Armed Forces in consultation
with the Chief of Chaplains of each service. Recipients of
this training shall include commanders, chaplains, judge
advocates, and others as recognized by the Secretary.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Evaluation of barriers to minority participation in certain
units of the Armed Forces (sec. 557)
The House bill contained a provision (sec. 577) that would
require the Under Secretary of Defense for Personnel and
Readiness, not later than 30 days after the date of the
enactment of this Act, to 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 special operations units. The
provision also would require a report on the results of the
study to be submitted to the congressional defense committees
not later than January 1, 2022.
The Senate amendment contained a similar provision (sec.
519).
The House recedes with an amendment that would require the
study to update both the 1999 RAND Corporation report
entitled ``Barriers to Minority Participation in Special
Operations Forces'' and the 2018 RAND report entitled
``Understanding Demographic Differences in Undergraduate
Pilot Training Attrition,'' and provide follow-up
recommendations. Further, the Under Secretary of Defense for
Personnel and Readiness would be required to provide interim
briefings on the progress of the study to the Committees on
Armed Services of the Senate and the House of Representatives
before submitting the final report on July 1, 2022.
Comptroller General of the United States report on equal
opportunity at the military service academies (sec. 558)
The House bill contained a provision (sec. 1710G) that
would require the superintendent of each military service
academy to submit to the Secretary of Defense and the
congressional defense committees, not later than 180 days
after the date of the enactment of this Act, a report that
would include: (1) Anonymized equal opportunity claims and
determinations involving the academy over the past 20 years;
(2) Results of a climate survey of cadets or midshipmen
conducted by an external entity; and (3) A review of
educational and extracurricular instruction at the academy,
including a review of course to ensure the inclusion of
minority communities in authorship and course content and a
review of faculty and staff demographics to determine
diversity recruitment practices at the academy.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that, not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives setting forth the
aggregate number of equal opportunity claims filed with
respect to each military service academy during 2019 and 2020
and the number of such claims that were substantiated.
Further, the provision would require the Comptroller General
to report on the results of any completed climate survey of
cadets or midshipmen conducted by a military service academy
or any authorized organization external to the academy during
the 2-year period ending on December 31, 2020, to analyze
both the equal opportunity and survey data to assess whether
it indicates trends in equal opportunity at each military
service academy, and to assess whether the Military Equal
Opportunity program and other programs at each academy are
properly responsive to any trends identified.

Subtitle G--Decorations and Awards

Extension of time to review World War I Valor Medals (sec.
561)
The House bill contained a provision (sec. 1778) that would
amend section 584(f) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) to extend the
time to review World War I valor medals by 2 years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend the
time to review World War I valor medals by 1 year.
Authorizations for certain awards (sec. 562)
The House bill contained a provision (sec. 582) that would
waive the time limitations in section 7274 of title 10,
United States Code, to authorize the President of the United
States to award the Distinguished Service Cross to Ramiro F.
Olivo for acts of valor during the Vietnam War.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would waive the
time limitations in section 7274 of title 10, United States
Code, to authorize the President of the United States to
award: (1) The Distinguished Service Cross to Ramiro F. Olivo
for acts of valor during the Vietnam War; (2) The Medal of
Honor to Ralph Puckett, Jr. for acts of valor during the
Korean War; (3) The Medal of Honor to Dwight M. Birdwell for
acts of valor during the Vietnam War; (4) The Medal of Honor
to Alwyn C. Cashe for acts of valor during Operation Iraqi
Freedom; and (5) The Medal of Honor to Earl D. Plumlee for
acts of valor during Operation Enduring Freedom.
Feasibility study on establishment of service medal for
radiation-exposed veterans (sec. 563)
The House bill contained a provision (sec. 581) that would
require the Secretary of Defense to establish an ``Atomic
Veterans Service Medal'' to honor retired and former members
of the Armed Forces who are radiation-exposed veterans.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to conduct a feasibility study on
establishing a service medal for award to radiation-exposed
veterans.

[[Page H6617]]

Expressing support for the designation of Silver Star Service
Banner Day (sec. 564)
The Senate amendment contained a provision (sec. 6086) that
would amend chapter 1 of title 36, United States Code, to
designate May 1 as ``Silver Star Service Banner Day.''
The House bill contained no similar provision.
The House recedes with an amendment that would express
support for the designation of a ``Silver Star Service Banner
Day.''
The conferees are committed to honoring the sacrifices of
wounded and ill members of the Armed Forces. The sacrifices
made by members of the Armed Forces and veterans should never
be forgotten.

Subtitle H--Member Education, Training, Transition, and Resilience

Mentorship and career counseling program for officers to
improve diversity in military leadership (sec. 571)
The House bill contained a provision (sec. 554) that would
amend chapter 107 of title 10, United States Code, by adding
a new section that would require the Secretary of Defense to
establish a mentoring and career counseling program with
evaluation metrics. The provision also would require an
interim report to be submitted, not later than 120 days after
the date of the enactment of this Act, describing the
program, and a report to be submitted on October 1, 2021, and
annually thereafter for 3 years, on the evaluation of the
program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
section 656 of title 10, United States Code, to require that,
as part of the plan required by that section, the Secretary
of Defense and the Secretary of the department in which the
Coast Guard is operating would provide officers of the Armed
Forces an opportunity to participate in mentoring and career
counseling opportunities throughout their military
careers, 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.
Expansion of Skillbridge program to include the Coast Guard
(sec. 572)
The House bill contained a provision (sec. 560G) that would
amend section 1143(e) of title 10, United States Code, to
authorize expansion of the Skillbridge program to the United
States Coast Guard.
The Senate amendment contained no similar provision.
The Senate recedes.
Increase in number of permanent professors at the United
States Air Force Academy (sec. 573)
The House bill contained a provision (sec. 557) that would
authorize an increase in the number of permanent professors
at the U.S. Air Force Academy from 23 to 25.
The Senate amendment contained no similar provision.
The Senate recedes.
Additional elements with 2021 and 2022 certifications on the
Ready, Relevant Learning initiative of the Navy (sec.
574)
The Senate amendment contained a provision (sec. 542) that
would require the Secretary of the Navy to submit a life
cycle sustainment plan (LCSP) and report on the use of
readiness assessment teams with the 2021 Ready Relevant
Learning certifications required by section 545 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91).
The House bill contained no similar provision.
The House recedes with an amendment that would require a
LCSP framework and approved LCSP to be submitted with the
2021 and 2022 Ready Relevant Learning certifications,
respectively.
Information on nominations and applications for military
service academies (sec. 575)
The House bill contained a provision (sec. 558) that would
require the Secretary of Defense to standardize, collect, and
analyze information on the demographics of applicants to
military service academies.
The Senate amendment contained a similar provision (sec.
545) that would require the Secretary of the Defense, in
consultation with the Superintendents of the military service
academies, to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives on
the feasibility and advisability of creating a uniform online
portal for all congressional nominations to the military
service academies.
The Senate recedes with an amendment that would require the
Secretary of Defense to create a uniform online portal for
all nominations to the military service academies not later
than 2 years after the date of the enactment of this Act. The
online portal would allow military service academy nominating
sources to provide nominee demographic information. The
amendment would also require the Secretary of Defense to
provide an annual report to the Committees on Armed Services
of the Senate and the House of Representatives on the
demographics of military service academy applicants.
Report on potential improvements to certain military
educational institutions of the Department of Defense
(sec. 576)
The House bill contained three provisions (sec. 559, 560A,
and 560I) that would make various policy adjustments and
require several reports on professional military education
provided by the Department of Defense.
The Senate amendment contained a similar provision (sec.
1061).
The House recedes with an amendment that would require the
Secretary of Defense to provide a report to the Committees on
Armed Services of the Senate and the House of Representatives
on the potential effects of various legal and policy
adjustments on Department of Defense professional military
education institutions.
College of International Security Affairs of the National
Defense University (sec. 577)
The House bill contained a provision (sec. 560) that would
prohibit the Secretary of Defense from eliminating,
divesting, downsizing, or reorganizing the College of
International Security Affairs (CISA) until 30 days after the
Under Secretary of Defense for Policy delivers a report to
the congressional defense committees on various items related
to educating leaders in the subjects and courses currently
provided by CISA.
The Senate amendment contained no similar provision.
The Senate recedes.
Improvements to the Credentialing Opportunities On-Line
programs of the Armed Forces (sec. 578)
The House bill contained a provision (sec. 560H) that would
require the Secretary of Defense to establish performance
measures for each Armed Force's online credentialing program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to standardize information tracking for
each online credentialing program and to conduct a study of
additional performance measures and report back to the
Committees on Armed Services of the Senate and the House of
Representatives on the results of the study.
GAO study regarding transferability of military
certifications to civilian occupational licenses and
certifications (sec. 579)
The House bill contained a provision (sec. 560D) that would
require the Comptroller General of the United States to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives on the
transferability of military certifications to civilian
occupational licenses and certifications.
The Senate amendment contained no similar provision.
The Senate recedes with an additional reporting element
requiring an assessment of the effectiveness of the
credentialing programs of each Armed Force.
Report regarding county, Tribal, and local veterans service
officers (sec. 579A)
The House bill contained a provision (sec. 560K) that would
require the Secretary of Defense, in consultation with the
Secretary of Veterans Affairs, to submit a report, within 180
days of the date of the enactment of this Act, to the
Committees on Armed Services and on Veterans' Affairs of the
Senate and the House of Representatives, regarding the
effects of presence of veterans services officers at
demobilization centers of the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike
paragraph (b) from the provision.

Subtitle I--Military Family Readiness and Dependents' Education

Family readiness: definitions; communication strategy;
review; report (sec. 581)
The House bill contained a provision (sec. 561) that would
require the Secretary of Defense, in coordination with the
Secretaries of the military departments, to define ``military
family readiness'' and ``military family resiliency'' as well
as implement a communications strategy to communicate with
military families. The provision would also require a report
on implementing recommendations from: (1) Chapter 3 of the
report of the Inspector General of the Department of Defense
for fiscal year 2020, ``Ensuring Wellness and Wellbeing of
Service-Members and their Families;'' and (2) The report,
dated July 2019, of the National Academies of Sciences,
Engineering and Medicine, titled ``Strengthening the Military
Family Readiness System for a Changing American Society.''
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense, in coordination with the Secretaries of
the military departments, to: (1) Act on recommendation one
of the report, by the National Academies of Sciences,
Engineering and Medicine, dated July 2019, titled
``Strengthening the Military Family Readiness System for a
Changing American Society,'' by establishing definitions of
``family well-being,'' ``family readiness,'' and ``family
resilience;'' and (2) Develop a communications strategy to
ensure the broadest means of communicating with military
families. The provision would also require the Secretary of
Defense to conduct a review of current programs, policies,
services, resources, and practices of the Department of
Defense for military families, as outlined in recommendation
four of the previously cited report conducted by the National
Academies of Science, Engineering and Medicine, and submit a
report on the findings of that review to

[[Page H6618]]

the Committees on Armed Services of the Senate and the House
of Representatives.
Improvements to Exceptional Family Member Program (sec. 582)
The House bill contained a provision (sec. 570A) that would
require the Secretary of Defense, in coordination with the
Secretaries of the military departments, to standardize the
Exceptional Family Member Program (EFMP).
The Senate amendment contained a similar provision (sec.
572) that would amend section 1781c of title 10, United
States Code, to standardize and improve the EFMP.
The Senate recedes with an amendment that would amend
section 1781c of title 10, United States Code, to
standardize and improve the EFMP, and to require that the
policy of the Department of Defense Office of Special
Needs must include requirements for the development and
continuous updating of an individualized services plan for
each military family with special needs and procedures for
the development of an individualized services plan for
military family members with special needs who have
requested family support services and have completed
family needs assessments. The provision would also require
the Secretary of Defense, not later than 6 months after
the date of the enactment of this Act, to standardize the
EFMP across the Department.
Support services for members of special operations forces and
immediate family members (sec. 583)
The House bill contained a provision (sec. 562) that would
modify the care and recipients of the family support services
provided by U.S. Special Operations Command's Preservation of
the Force and Family program under section 1788a of title 10,
United States Code. Eligibility is expanded beyond immediate
family members of the special operations force members
receiving support services, as well as extended to members of
the reserve components of the Armed Forces. Covered family
support services will include psychological support and
spiritual support services.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that modifies the
elements related to eligibility and contracting.
The conferees recognize the near- and long-term physical,
mental, and emotional effects of nearly two decades of
continuous operations in high-stress environments experienced
by our special operations forces (SOF). One of the top
priorities of U.S. Special Operations Command (SOCOM) is to
take care of its people, and, in responding to the demand
signal from SOF components, SOCOM created the Preservation of
the Force and Families (POTFF) program. The conferees also
recognize the stress caused by high operational tempo and
unexpected deployment and training schedules on the families
of SOF personnel and strongly supports the POTFF programs
that provide families with the tools to deal with these
unique challenges.
Furthermore, the conferees encourage SOCOM and the military
services to ensure that SOF personnel and their families that
receive POTFF support are aware of and provided assistance
when separating or transitioning to a different assignment
outside of the special operations community. The conferees
believe SOCOM and the military services have a responsibility
to ensure continuity of care and awareness of Department of
Defense and Department of Veterans Affairs resources for
eligible participants of these programs.
Responsibility for allocation of certain funds for military
child development programs (sec. 584)
The Senate amendment contained a provision (sec. 571) that
would amend section 1791 of title 10, United States Code, to
require the Secretary of Defense to 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. The provision would disallow
delegation of the Secretary's responsibility to the military
departments.
The House bill contained no similar provision.
The House recedes.
Military child care and child development center matters
(sec. 585)
The Senate amendment contained a provision (sec. 576) that
would amend section 1793 of title 10, United States Code, to
require: (1) The liberal issuance of hardship waivers by
installation commanders; (2) A family discount for families
with two or more children attending a Child Development
Center; (3) Each Secretary of a military department to carry
out a childcare fee assistance program modeled after the U.S.
Army fee assistance program; (4) Additional actions to obtain
qualified employees for Child Development Centers; and (5)
Reports on extreme imbalances between demand and availability
for childcare at certain installations.
The House bill contained no similar provision.
The House recedes with an amendment that would amend
section 1793 of title 10, United States Code, to authorize a
family discount for families with two or more children
attending a Child Development Center and require reports on
installations with extreme imbalances between demand for and
availability of childcare.
The conferees note that existing authorities allow for the
liberal issuance of hardship waivers regarding childcare fees
and encourage the Department of Defense to continue offering
flexible childcare options for servicemembers and their
families. Additionally, the conferees strongly encourage the
Department to utilize enhanced marketing and recruitment
techniques to hire qualified childcare employees, and provide
competitive benefits in order to retain them.
Expansion of financial assistance under My Career Advancement
Account program (sec. 586)
The House bill contained a provision (sec. 564) that would
amend section 580F of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) to allow the
reimbursement to a servicemember of the cost that his or her
spouse incurs for the maintenance of professional licenses
and credentials and continuing education courses associated
with a permanent change of station. Additionally, the
provision would expand the My Career Advancement Account
Program to include expenses relating to continuing education
courses and national testing.
The Senate amendment contained a similar provision (sec.
577).
The House recedes.
Improvements to partner criteria of the Military Spouse
Employment Partnership Program (sec. 587)
The House bill contained a provision (sec. 570D) that would
require the Secretary of Defense to conduct an evaluation of
the partner criteria of the Military Spouse Employment
Partnership Program (MSEP) and to implement any improvements
determined to be necessary.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to conduct an evaluation of the partner
criteria of the Military Spouse Employment Partnership
Program and to implement any improvements determined to be
necessary. Not later than 1 year after implementation of the
improvements from the evaluation, the Secretary will publish
a report on the review, to include: (1) The results of the
evaluation of the MSEP program; (2) Data on the new
partnerships undertaken as a result of the evaluation; and
(3) Data on the utility of the MSEP program.
24-hour child care (sec. 588)
The House bill contained a provision (sec. 565) that would
require the Secretary of Defense to provide childcare to a
member of the Armed Forces or civilian employee of the
Department of Defense while working a rotating shift at a
military installation, if determined feasible.
The Senate amendment contained a similar provision (sec.
1067).
The Senate recedes with an amendment that would require the
Secretary of Defense to provide childcare to a member of the
Armed Forces or civilian employee of the Department of
Defense while working a rotating shift at a military
installation, if determined feasible after completing a
feasibility study and a subsequent report to the Committees
on Armed Services of the Senate and the House of
Representatives.
Pilot program to provide financial assistance to members of
the Armed Forces for in-home child care (sec. 589)
The House bill contained a provision (sec. 563) that would
amend section 1798 of title 10, United States Code, expanding
the childcare financial assistance program to include in-home
childcare providers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to establish a pilot program to provide
financial assistance to members of the Armed Forces who pay
for in-home childcare providers.
Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel (sec. 589A)
The House bill contained a provision (sec. 570) that would
authorize $40.0 million to provide assistance to local
educational agencies with military dependent students and
$10.0 million for local educational agencies eligible to
receive a payment for children with severe disabilities.
The Senate amendment contained a provision (sec. 561) that
would authorize $50.0 million in Operation and Maintenance,
Defense-wide, for continuation of the Department of Defense
(DOD) assistance program to local educational agencies
impacted by enrollment of dependent children of military
members and DOD civilian employees.
The Senate amendment contained another provision (sec. 562)
that would authorize a total of $20.0 million in Operation
and Maintenance, Defense-wide, for impact aid payments for
children with severe disabilities (as enacted by Public Law
106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a) using the
formula set forth in section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(Public Law 106-398), for continuation of DOD assistance to
local educational agencies that benefit eligible dependents
with severe disabilities. Subsection (b) of the provision
would allow the Secretary of Defense, at his discretion, to
use $10.0 million of the total amount authorized for payments
to local educational agencies with higher concentrations of
military children with severe disabilities. The provision

[[Page H6619]]

would also require the Secretary of Defense to brief the
Committees on Armed Services of the Senate and the House
of Representatives, not later than March 1, 2021, on DOD's
evaluation of each local educational agency with higher
concentrations of military children with severe
disabilities and the subsequent determination of the
amounts of impact aid each such agency shall receive.
The House recedes with an amendment that would combine the
two Senate provisions into a single provision.
Staffing of Department of Defense Education Activity schools
to maintain maximum student-to-teacher ratios (sec. 589B)
The Senate amendment contained a provision (sec. 563) that
would establish maximum student-to-teacher ratios for
Department of Defense Education Activity schools through the
2023-2024 school year.
The House bill contained no similar provision.
The House recedes.
Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary schools (sec.
589C)
The House bill contained a provision (sec. 569) that would
require the Secretary of Defense, beginning not later than
180 days after the date of the enactment of this Act, to
carry out a pilot program to authorize a dependent of a full-
time Active-Duty servicemember, without regard to whether the
member resides on a military installation, to enroll in a
domestic Department of Defense Education Activity school on a
space-available basis.
The Senate amendment contained a similar provision (sec.
566).
The Senate recedes.
Pilot program on expanded eligibility for Department of
Defense Education Activity Virtual High School program
(sec. 589D)
The Senate amendment contained a provision (sec. 565) that
would require the Secretary of Defense to carry out a 4-year
pilot program that would permit certain dependents of Active-
Duty servicemembers to enroll in the Department of Defense
Education Activity Virtual High School (DVHS) program. The
provision would prescribe the selection of DVHS participants
and limitations on the program. Additionally, the provision
would require the Secretary to submit an interim report on
the pilot program no more than 2 years after the date of the
enactment of this Act to the Committees on Armed Services of
the Senate and the House of Representatives and a final
report to the same committees no more than 180 days after
completion of the program.
The House bill contained no similar provision.
The House recedes.
Training program regarding foreign malign influence campaigns
(sec. 589E)
The House bill contained a provision (sec. 570B) that
would require the Secretary of Defense to establish a
training program regarding foreign disinformation campaigns
not later than September 30, 2021. The provision would also
require the Secretary to submit a report on the program to
the congressional defense committees not later than October
30, 2021.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to designate an official with
responsibility for coordinating and integrating across all
elements of Department of Defense training on foreign
disinformation and malign influence campaigns. The designated
official will review best practices of existing training
programs and seek to incorporate those practices into the
program established under this section.
Study on cyberexploitation and online deception of members of
the Armed Forces and their families (sec. 589F)
The House bill contained a provision (sec. 17010K) that
would require the Comptroller General of the United States to
submit to the Congress a report on social media risks for
servicemembers, military families, and veterans.
The Senate amendment contained a similar provision (sec.
1643) that would require the Secretary of Defense to provide
a report to the Committees on Armed Services of the Senate
and the House of Representatives on the cyberexploitation of
the personal information and accounts of servicemembers and
their families.
The Senate recedes with an amendment that would require
the Secretary of Defense to complete a study and provide a
report to the Committees on Armed Services of the Senate and
the House of Representatives on cyberexploitation and risks
of deceptive online targeting on servicemembers and their
families.
Matters relating to education for military dependent students
with special needs (sec. 589G)
The Senate amendment contained a provision (sec. 564) that
would require each of the Secretaries of the military
departments to collect and maintain information on special
education disputes filed by servicemembers and the outcomes
of such disputes. Additionally, the provision would require
the Comptroller General of the United States to conduct a
study and brief the Committees on Armed Services of the
Senate and the House of Representatives, no later than March
31, 2021, on matters related to free appropriate public
education for military dependents and Exceptional Family
Member Program (EFMP) matters.
The House bill contained no similar provision.
The House recedes with an amendment that would require
each of the Secretaries of the military departments to
collect and maintain information on special education
disputes filed by servicemembers and the outcomes of such
disputes. Additionally, the provision would require the
Comptroller General of the United States to conduct a study
and brief the Committees on Armed Services of the Senate and
the House of Representatives, not later than March 31, 2021,
on: (1) The manner in which local educational agencies with
military families utilize impact aid funds; (2) The efficacy
of attorney and other legal support for military families in
special education disputes; (3) The standardization of
policies and guidance for school liaison officers between the
Office of Special Needs of the Department of Defense (DOD)
and the military departments and the efficacy of such
policies and guidance; and (4) The improvements of 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).
The conferees encourage the DOD to create and maintain
relationships with the local Boards of Education near
military installations in order to facilitate processes to
ensure military family education dispute data can be
adequately reported.
Studies and reports on the performance of the Department of
Defense Education Activity (sec. 589H)
The House bill contained a provision (sec. 567) that would
require the Secretary of Defense to conduct a study on the
performance of the Department of Defense Education Activity
(DODEA) and to provide a report on the findings of the study
to the Committees on Armed Services of the Senate and the
House of Representatives within 180 days of the date of the
enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a study and submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives, within 1 year of the date of
the enactment of this Act, on the performance of DODEA that
would include a review of the curriculum relating to health,
resiliency, and nutrition taught in its schools. The
provision would also require the Comptroller General of the
United States to conduct two separate studies on the
performance of DODEA: (1) Analyzing the educational outcomes
of its students compared to such outcomes of students in
public elementary and secondary schools; and (2) Assessing
DODEA's School Liaison Officer program in achieving program
goals with emphasis on special education and family outreach.
The Comptroller General would then submit reports on such
studies to the same committees within 1 year of the date of
the enactment of this Act.

Subtitle J--Other Matters and Reports

Expansion of Department of Defense STARBASE Program (sec.
591)
The House bill contained a provision (sec. 591) that would
amend section 2193b of title 10, United States Code, to
expand the Department of Defense STARBASE program to include
art and design as technical fields in the program.
The Senate amendment contained no similar provision.
The Senate recedes.
Inclusion of certain outlying areas in the Department of
Defense STARBASE Program (sec. 592)
The House bill contained a provision (sec. 592) that would
amend section 2193b(h) of title 10, United States Code, to
include the Commonwealth of the Northern Mariana Islands and
American Samoa in the Department of Defense STARBASE program.
The Senate amendment contained a similar provision (sec.
548).
The Senate recedes.
Postponement of conditional designation of Explosive Ordnance
Disposal Corps as a basic branch of the Army (sec. 593)
The House bill contained a provision (sec. 599A) that would
amend section 582(b) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) by postponing
the conditional designation of Explosive Ordnance Disposal
Corps as a basic branch of the Army.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Armed Services Vocational Aptitude Battery Test special
purpose adjunct to address computational thinking (sec.
594)
The Senate amendment contained a provision (sec. 239) that
would require the Secretary of Defense, within 1 year of
enactment of this Act, to establish a special purpose test
adjunct to the Armed Services Vocational Aptitude Battery
test to address computational thinking skills relevant to
military applications.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
establishment of a

[[Page H6620]]

computational thinking special purpose test by October 1,
2024.
Extension of reporting deadline for the annual report on the
assessment of the effectiveness of activities of the
Federal Voting Assistance Program (sec. 595)
The Senate amendment contained a provision (sec. 589) that
would amend section 105A(b) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20308(b)) to change
the deadline to submit the annual report on the effectiveness
of activities of the Federal Voting Assistance Program from
March 31 of every year to September 30 of odd-numbered years.
The provision also would clarify that the information
submitted in the report should cover the previous calendar
year to align with regularly scheduled elections for Federal
office.
The House bill contained no similar provision.
The House recedes.
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. 596)
The Senate amendment contained a provision (sec. 591) that
would require the Secretary of Defense, within 180 days of
the date of the enactment of this Act, to provide a briefing
to the Committees on Armed Services of the Senate and the
House of Representatives on a plan for the performance of
funeral honors functions at the funeral of a deceased member
of the Armed Forces by one or more members of the Armed Force
of the deceased or by such other servicemembers or
organizations as described in the provision. The provision
would amend section 1491(b)(2) of title 10, United States
Code, to repeal the requirement that one member of the Armed
Force of the deceased be a member of the funeral detail.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
military service chief of the Armed Force of the deceased to
verify the eligibility of the deceased for such funeral
honors.
Study on financial impacts of the Coronavirus Disease 2019 on
members of the Armed Forces and best practices to prevent
future financial hardships (sec. 597)
The House bill contained a provision (sec. 593) that would
require the Secretary of Defense to conduct a study and
provide a report to the Committees on Armed Services of the
Senate and the House of Representatives on the financial
hardships experienced by members of the Armed Forces because
of the Coronavirus Disease 2019 pandemic.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Limitation on implementation of Army Combat Fitness Test
(sec. 598)
The Senate amendment contained a provision (sec. 592) that
would prohibit the Secretary of the Army from implementing
the Army Combat Fitness Test (ACFT) until the Secretary
receives the results of a study from an independent entity on
the extent that the test: (1) Would adversely impact Army
members stationed or deployed to climates or areas with
conditions that would prevent outdoor physical training on a
frequent or sustained basis; and (2) Would affect recruitment
and retention in critical support military occupational
specialties of the Army, such as medical personnel.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees are concerned about the Department of the
Army's implementation plans for the ACFT prior to completion
of an objective assessment of its efficacy and the potential
adverse impact this test will have on different demographics
in the Army. Limited data from the Army's administration of
this test so far suggest a consistent test failure rate of 60
percent for women, and in fiscal year 2019, 83 percent of
women failed the leg tuck portion of the test.
The conferees question the validity of certain portions of
the ACFT, such as the leg tuck, to predict a soldier's
success to perform the actual, regular, and recurring duties
of their military occupations. Moreover, in a RAND study that
evaluated gender-neutral physical standards for ground combat
operations, the authors explained equitability in the context
of physical standards stating that ``test validity should not
differ among relevant subgroups (such as gender and race),
and test scores should be unbiased (i.e., two people who
receive the same test score should have the same likelihood
of success on the job, regardless of subgroup).'' Therefore,
the conferees believe the ACFT fails to meet most of the
requirements for a valid, unbiased gender-neutral fitness
test, and it likely disincentivizes female soldiers and
soldiers in certain military occupations, such as physicians
and chaplains, from serving full military careers.
For these reasons, the Army shall not implement the ACFT
until completion of an evaluation by an independent entity of
the test's validity and its impact on differing demographics
in the Army. The conferees agree, however, that the Army may
continue to train for and administer the ACFT to gather data
to be shared with an independent entity conducting the study
required by this provision. The results of such tests shall
not be recorded in any personnel record or system of records
that identify the soldiers who took the tests.
Semiannual reports on implementation of recommendations of
the Comprehensive Review of Special Operations Forces
Culture and Ethics (sec. 599)
The Senate amendment contained a provision (sec. 544) that
would require the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict to provide quarterly
reports on the implementation of the Comprehensive Review of
Special Operations Forces Culture and Ethics.
The House bill contained no similar provision.
The House recedes with an amendment that would make minor
modifications to the required reports.
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
(sec. 599A)
The Senate amendment contained a provision (sec. 593) that
would require the Secretary of Homeland Security, in
consultation with the Secretary of Defense and the Secretary
of State, to submit to the congressional defense committees
not later than December 31, 2020, a report on the impact of
certain Filipino World War II veterans on the national
security, foreign policy, and economic and humanitarian
interests of the United States.
The House bill contained no similar provision.
The House recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Repeal of codified specification of authorized strengths of
certain commissioned officers on active duty
The Senate amendment contained a provision (sec. 501) that
amend section 523 of title 10, United States Code, to require
that the number of officers serving on Active Duty in the
grades of major, lieutenant colonel, and colonel in the Army,
Air Force, and Marine Corps or lieutenant commander,
commander, and captain in the Navy in a given fiscal year be
specifically authorized by the Congress.
The House bill contained no similar provision.
The Senate recedes.
Requirement of consent of the chief executive officer for
certain full-time National Guard duty performed in a
State, Territory, or the District of Columbia
The House bill contained a provision (sec. 513) that would
amend section 502 of title 32, United States Code, to require
the consent of the chief executive officer of a State to
order a member of the National Guard to perform training or
other duty inside the United States.
The Senate amendment contained no similar provision.
The House recedes.
Certificate of release or discharge from Active Duty (DD Form
214) matters
The Senate amendment contained a provision (sec. 518) that
would require the Department of Defense Form DD 214 to be
redesignated as the Certificate of Military Service. The
provision would also amend section 569 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92) to require the Certificate of Military Service to be
a standard total force record of military service for all
members of the Armed Forces that summarizes the record of
service for each member and to require that the Certificate
of Military Service be provided to members of the reserve
components of the Armed Forces at appropriate times
throughout a servicemember's career. Lastly, the provision
would repeal section 570 of the National Defense
Authorization Act for Fiscal Year 2020.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Department of Defense is
currently working to establish and implement a standard
record of service for members of the reserve components, as
required by section 570 of last year's defense bill, which
will summarize the record of service of each member in
standardized form, sufficient to ensure that reserve
component members may prove their eligibility for veteran
benefits to which they are entitled. The Department plans to
finalize this form next year. The conferees urge the
Department to comply with section 570 as expeditiously as
possible. The conferees will continue to track the
Department's progress on this important initiative, and
remain open to future legislation if needed to ensure members
of the reserve components have accurate and up-to-date
records of their military service.
Report regarding National Guard Youth Challenge Program
The House bill contained a provision (sec. 520E) that would
require the Secretary of Defense to submit a report on the
resources and authorities the Secretary determines necessary
to identify the effects on graduates of the National Guard
Youth Challenge Program over the last 5 years.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that section 509 of title 32, United
States Code, requires the Department of Defense to submit
annually a report on the National Guard Youth Challenge
Program to the Committees on Armed Services of the Senate and
the House of Representatives. The required report measures
long-term outcomes of program participants.

[[Page H6621]]

Reenlistment waivers for persons separated from the Armed
Forces who commit one misdemeanor cannabis offense
The House bill contained a provision (sec. 522) that would
require the Secretary of Defense to prescribe regulations
permitting the Secretary of a military department to grant a
reenlistment waiver to an individual who has separated from
the military and has admitted to, or been convicted by a
court of, a single violation of laws related to marijuana use
or possession if the Secretary concerned determines that the
reenlistment of the individual is vital to the national
interest.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the secretaries of the military
departments have the authority to allow for enlistment and
reenlistment with waivers for cannabis use based on the needs
of the military department. The conferees encourage the
secretaries of the military departments to use their
authority as appropriate to ensure the military departments
are not excluding talent from the pool of eligible
individuals who volunteer to serve.
Development of guidelines for use of unofficial sources of
information to determine eligibility of members and
former members of the Armed Forces for decorations and
benefits when the service records are incomplete because
of damage to the official record
The House bill contained a provision (sec. 525) that would
amend section 528 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) to require the
Secretary of Defense, in consultation with the Secretary of
Veterans Affairs, to develop guidelines for the use of
unofficial sources of information to determine the
eligibility of a servicemember for benefits and decorations
when the service records are incomplete because of damage to
the records.
The Senate amendment contained no similar provision.
The House recedes.
Report on bad paper
The House bill contained a provision (sec. 526) that would
require the Inspector General of the Department of Defense to
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report regarding ``bad paper''
issued by the Department of Defense during the 20 years
preceding the date of the report.
The Senate amendment contained no similar provision.
The House recedes.
Punitive article on violent extremism
The House bill contained a provision (sec. 531) that would
amend chapter 47 of title 10, United States Code, by
establishing an article on violent extremism in the Uniform
Code of Military Justice.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are increasingly concerned with the number of
recent violent extremist activities which involve members and
former members of the military. The conferees believe that a
punitive article under the Uniform Code of Military Justice
to prohibit violent extremist criminal acts may be
appropriate to deter and prosecute this behavior within the
Armed Services.
Electronic notarization for members of the Armed Forces
The House bill contained a provision (sec. 533) that would
amend section 1044a of title 10, United States Code, to
authorize electronic notarization and require that such
notarial acts be considered authentic without regard to
whether the act was performed through electronic means.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
coordination with the Secretaries of the military
departments, to provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives,
detailing as to each military service: (1) How notaries are
currently designated; (2) Whether and how the notary pool
could be expanded to address hardships; (3) A cost assessment
associated with a potential transition to electronic
notarization in terms of any required cyber secure validation
platforms, manning, and other related costs or savings; and
(4) The effects of authorizing electronic notarization by
military notaries when many states do not recognize such a
practice.
Clarifications regarding scope of employment and reemployment
rights of members of the uniformed services
The House bill contained a provision (sec. 534) that would
amend the Uniformed Services Employment and Reemployment
Rights Act of 1994 (38 U.S.C. 43) to clarify the scope of
employment and unemployment rights for servicemembers under
that Act.
The Senate amendment contained no similar provision.
The House recedes.
Termination of telephone, multichannel video programming, and
internet access service contracts by servicemembers who
enter into contracts after receiving military orders for
permanent change of station but then receive stop
movement orders due to an emergency situation
The House bill contained a provision (sec. 535) that would
amend section 3956 of title 50, United States Code, to
authorize a servicemember to terminate certain service
contracts if the servicemember's permanent change of station
orders are disrupted by an emergency stop movement order
issued by the Secretary of Defense.
The Senate amendment contained no similar provision.
The House recedes.
The conferees understand the Committees on Veterans'
Affairs of the Senate and the House of Representatives are
currently considering this provision under separate
legislation. The conferees recognize the value of this
authority in light of the disruption servicemembers are
currently experiencing due to the coronavirus pandemic, and
support the adoption of this provision by the relevant
committees of jurisdiction as soon as possible.
Absentee ballot tracking program
The House bill contained a provision (sec. 536) that would
amend section 20302 of title 52, United States Code, to
require the chief State election official, in coordination
with local election jurisdictions, to establish and operate
an absentee ballot tracking program.
The Senate amendment contained no similar provision.
The House recedes.
Guardian ad litem program for minor dependents of members of
the Armed Forces
The Senate amendment contained a provision (sec. 536) that
would amend section 540L of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) by
adding an element to the report on the establishment of a
guardian ad litem program for certain military dependents who
are victims or witnesses of offenses under the Uniform Code
of Military Justice involving abuse or exploitation.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Department of Defense is
completing its report on the guardian ad litem program and
asks that the Secretary of Defense assess and brief the
Committees on Armed Services of the Senate and the House of
Representatives regarding the feasibility and advisability of
establishing a guardian ad litem program for military
dependents living outside the United States.
Tracking mechanism and reporting requirements for
supremacist, extremist, and criminal gang activity in the
Armed Forces
The House bill contained a provision (sec. 537) that would
require the Secretary of Defense to develop and implement a
process to track investigations, criminal and administrative
actions, and final determinations with respect to conduct of
members of the Armed Forces that is prohibited under
Department of Defense Instruction 1325.06, entitled
``Handling Dissident and Protest Activities Among Members of
the Armed Forces.'' The provision would also require the
Secretary of Defense to submit to the Committees on Armed
Services of the Senate and the House of Representatives, not
later than December 1 of each year, beginning after the date
of the enactment of this Act, a report on the process
implemented by the Secretary.
The Senate amendment contained no similar provision.
The House recedes.
To resolve controversies under Servicemembers Civil Relief
Act
The House bill included a provision (sec. 540A) that would
amend the Servicemembers Civil Relief Act (50 U.S.C. 50) to
modify certain aspects of how controversies under that Act
are resolved.
The Senate amendment contained no similar provision.
The House recedes.
Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act
The House bill contained a provision (sec. 540B) that would
modify existing law to prohibit a servicemember's waiver of
rights under the Servicemembers Civil Relief Act (Public Law
108-189) (SCRA), unless the servicemember executes the waiver
only after a specific dispute arises and the waiver
specifically references the dispute at issue. Current law
permits a servicemember to waive SCRA protections only if the
waiver is in writing (in at least 12 point font), and only if
the written waiver is separate from the contract or lease to
which it applies.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the United
States to conduct a review and holistic assessment of the
effects of the timing, content, and form of a servicemember's
waiver of rights and protections under the SCRA, as required
by Section 107(a) of the Act (50 U.S.C. 3918(a)), and, not
later than May 31, 2021, submit a report to the Committees on
Armed Services of the Senate and the House of Representatives
on the effect of these requirements in ensuring that any
waiver executed by a servicemember in a covered case is
knowing and voluntary. The results and data expected from the
report will inform the need for change, if any, in the
requirements attending a servicemember's waiver of rights in
covered cases under the SCRA.
Clarification of private right of action under Servicemembers
Civil Relief Act
The House bill contained a provision (sec. 540C) that would
allow a servicemember to exercise a private right of action
under the Servicemembers Civil Relief Act (Public Law

[[Page H6622]]

108-189) (SCRA) by initiating an individual or class action
suit in a court of law, even if the servicemember had
previously signed an agreement not to do so.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the United
States to conduct a review and holistic assessment of
servicemembers' use of the right to bring a private right of
action under the SCRA, as provided in section 802(a) of the
Act (50 U.S.C. 4042(a)), and, not later than May 31, 2021,
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives with an assessment of
the efficacy and propriety of permitting a servicemember to
initiate a private right of action, notwithstanding the
servicemember's prior waiver of the right to do so. The
results and data expected from the report will inform the
need for change, if any, in the right of a servicemember to
bring a private right of action under the SCRA.
Requirement of certain certification before deportation of a
spouse of a member of the Armed Forces
The House bill contained a provision (sec. 540D) that would
prohibit the removal of the spouse of a member of the Armed
Forces from the United States until the Secretary concerned
provides certain certifications to the congressional defense
committees.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on certain communications regarding courts-
martial
The House bill contained a provision (sec. 540G) that would
prohibit certain communications regarding courts-martial.
The Senate amendment contained no similar provision.
The House recedes.
Termination of contracts for telephone, multichannel video
programming, or internet access service by certain
individuals under Servicemembers Civil Relief Act
The House bill contained a provision (sec. 540H) that would
amend section 3956 of title 50, United States Code, to
authorize the spouse or dependent of a servicemember to
terminate certain service contracts on behalf of a
servicemember if the servicemember is incapable of such
actions due to a catastrophic injury, illness, or death.
The Senate amendment contained no similar provision.
The House recedes.
The conferees understand the Committees on Veterans'
Affairs of the Senate and the House of Representatives are
considering this provision as part of separate legislation
under their jurisdiction. The conferees support this
provision and encourage its quick adoption by the relevant
committees of jurisdiction.
Report on drug demand reduction program modernization
The House bill contained a provision (sec. 540I) that would
require, not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense to deliver a
report to the Committees on Armed Services of the Senate and
the House of Representatives regarding the efficacy of using
point of collection testing (POCT) devices to modernize the
drug demand reduction program (DDRP) random urinalysis
testing.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, not later
than 180 days after the date of enactment of this Act, to
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the efficacy of
using POCT devices to modernize the DDRP random urinalysis
testing. The report shall include the following:
(1) The extent to which the use of POCT devices may
streamline current urinalysis testing processes and
communications, while maintaining specimen chain of custody
for use in associated administrative and military justice
activities, if needed;
(2) An assessment of the effectiveness of the POCT devices
for DDRP random urinalysis testing while ensuring specimen
chain of custody;
(3) A 10-year projection and assessment of the anticipated
cost savings with the use of POCT devices in the DDRP random
urinalysis testing, including a description of the
methodology used for calculating the 10-year cost projection;
(4) An assessment of any other suggested changes to
modernize the DDRP program;
(5) A summary of any programmatic or logistical barriers to
effectively carrying out the use of POCT devices in the DDRP
testing;
(6) A definition of POCT; and
(7) Any other matters deemed relevant by the Secretary.
Protection of attorney-client privilege between victims and
Special Victims' Counsel
The House bill contained a provision (sec. 541) that would
amend subsection (c) of section 1044e of title 10, United
States Code, to define the relationship between the Special
Victims' Counsel (SVC) and a victim in the provision of legal
advice as the relationship between an attorney and a client.
It would also provide that, during any criminal legal
proceeding in which a SVC is asked to testify or give
evidence, the SVC shall be given the same consideration as
counsel for the Government and counsel for the accused. The
provision would also require, not later than 180 days after
the date of the enactment of this Act, that Rule 502 of the
Military Rules of Evidence be modified to provide that the
privilege between a SVC and a client shall be the same as
lawyer-client privilege.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the relationship between a Special
Victims' Counsel and an alleged victim in the provision of
legal advice and assistance is that of an attorney and a
client and is afforded the same privilege as every other
attorney-client relationship.
Authority of military judges and military magistrates to
issue military court protective orders
The House bill contained a provision (sec. 542) that would
amend chapter 80 of title 10, United States Code, to
authorize military magistrates and military judges to issue
military court protective orders for the purpose of
protecting a victim of an alleged sex or domestic violence
offense, or a family member or associate of the victim, from
a person subject to the Uniform Code of Military Justice.
The Senate amendment contained no similar provision.
The House recedes.
Briefing on standardization and potential merger of law
enforcement training for military and civilian personnel
across the Department of Defense
The Senate amendment contained a provision (sec. 543) that
would require the Secretary of Defense to submit a report on
the standardization and potential merger of law enforcement
training for military and civilian personnel across the
Department of Defense not later than June 8, 2021.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to brief the
Committees on Armed Services of the Senate and the House of
Representatives, not later than June 8, 2021, on the
standardization and potential merger of law enforcement
training for military and civilian personnel across the
Department of Defense, including training of military or
civilian personnel of the Department designated in accordance
with section 2762 of title 10, United States Code, to protect
buildings, grounds, and property under the jurisdiction,
custody, or control of the Department and the persons on such
property. In developing the briefing, the Secretary shall do
and include in the brief the results of the following:
(1) Identify and assess current law enforcement training
courses, schools, and programs of the Armed Forces that have
the flexibility and capacity to support the training referred
to in subsection (a) of the Senate provision through common
training standards;
(2) Identify and assess the current Department law
enforcement training courses, schools, and programs that are
affiliated with or accredited by third parties (including
both governmental and private entities), including an
assessment of the value derived from such affiliation or
accreditation to the training referred to in subsection (a);
(3) Identify emerging law enforcement training requirements
that are common among the Armed Forces and other Department
law enforcement components and are currently unmet by the
Armed Forces or such components;
(4) Assess the feasibility, advisability, and suitability
of incorporating standardized and merged field and
operational training in military law enforcement mission
areas, including area security operations, law and order
operations, internment and resettlement operations, and
police intelligence operations, in the training provided to
all Armed Forces and other Department law enforcement
components;
(5) Identify and assess Department courses, programs, or
institutions with the capability to support law enforcement
training or information sharing between Department military
and civilian law enforcement components and State, county,
and local law enforcement agencies, with the capability to
support law enforcement components of the National Guard and
other reserve components of the Armed Forces, or with both
such capabilities;
(6) Assess the feasibility, advisability, and suitability
of standardizing and merging the training for military and
civilian personnel across the Department of Defense,
including training of military or civilian personnel of the
Department designated in accordance with section 2762 of
title 10, United States Code, to protect buildings, grounds,
and property under the jurisdiction, custody, or control of
the Department and the persons on such property across the
Department, including an assessment of the costs of such
standardization and merger; and
(7) Any other matters the Secretary considers appropriate.
Question in workplace and gender relations surveys regarding
prosecutions of sexual assault
The House bill contained a provision (sec. 549) that would
require the Secretary of Defense to include, not later than
90 days after the date of the enactment of this Act, in the
covered surveys a question regarding whether a member of the
Armed Forces would be more willing to report a sexual assault
if

[[Page H6623]]

prosecution decisions were made by lawyers and not
commanders.
The Senate amendment contained no similar provision.
The House recedes.
Report on sexual abuse and harassment of recruits during
medical examinations prior to entry into the Armed Forces
The House bill contained a provision (sec. 550B) that would
require the Secretary of Defense to submit a report on the
prevalence of sexual abuse and harassment of persons during
the medical examinations that precede entry into the Armed
Forces.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide a
briefing to the Committees on Armed Services of the Senate
and the House of Representatives, not later than 90 days
after the date of the enactment of this Act, on the
prevalence of sexual abuse and harassment of persons during
medical examination that precedes entry into the Armed
Forces. The briefing shall include information on the
following:
(1) The number of incidents of sexual abuse or harassment
that have been reported since 2000, if available;
(2) A description of the process by which the Department of
Defense tracks the incidents of sexual abuse or harassment,
if applicable;
(3) A plan to establish a process by which the Department
tracks the incidents of sexual abuse or harassment, including
of the medical professionals involved, if such a process does
not exist;
(4) A plan to provide awareness training regarding sexual
abuse and harassment provided to medical professionals who
perform such examinations, if such training does not exist;
(5) A plan to provide recruits with information on their
rights and responsibilities in the event they face sexual
abuse and harassment that is incident to service but prior to
starting service in the Armed Forces, if such information
does not exist; and
(6) A description of the legal redress available to persons
who experience such sexual abuse and harassment, including
through the Uniform Code of Military Justice, for those who
enter the Armed Forces.
Pilot program on prosecution of special victim offenses
committed by attendees of military service academies
The House bill contained a provision (sec. 550) that would
require the Secretary of Defense to carry out a pilot program
for the attendees of the military service academies that
would establish an independent authority to review certain
special victim offenses and determine whether such offenses
shall be referred to trial by an appropriate court-martial
convening authority, and would require trial by a randomized
jury.
The Senate amendment contained no similar provision.
The House recedes.
Counseling in the Transition Assistance Program regarding
sexual assault, sexual or gender harassment, and intimate
partner violence
The House bill contained a provision (sec. 551) that would
amend section 1142(b) of title 10, United States Code, to
require counseling in the Transition Assistance Program (TAP)
on health care furnished by the Secretary of Veterans Affairs
for either survivors or victims of sexual assault, sexual or
gender harassment, or intimate partner violence.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that current statutes require the TAP to
provide information to participants on all Department of
Veterans Affairs health benefits and resources, including
mental health resources. Moreover, TAP briefings provide
specific information on the health and mental health
resources available to victims of harassment, intimate
partner violence, and military sexual trauma.
Award or presentation of decorations favorably recommended
following determination on merits of proposals for
decorations not previously submitted in a timely fashion
The Senate amendment contained a provision (sec. 551) that
would modify the process to award decorations following a
favorable determination and authorize the Secretary of
Defense to grant the award without requiring a legislative
time waiver from Congress for each award.
The House bill contained no similar provision.
The Senate recedes.
The conferees note the importance of Congressional
oversight of the process of authorizing time limitation
waivers for certain valorous awards. The conferees emphasize
to the Secretary of Defense that any waiver of time
limitation for potential Medals of Honor be addressed by
Congress in the National Defense Authorization Act. The
conferees encourage the Secretary of Defense to develop a
systematic process of transmitting information regarding the
upgrade of valorous awards to Congress proactively to ensure
these important award recommendations are granted the
required waivers to time limitations in a timely manner and
are funded in an appropriate manner.
The conferees direct the Secretary of Defense to brief the
Committees on Armed Services of the Senate and the House of
Representatives, not later than March 31, 2021, on mechanisms
by which the process could be more effective. It should
include but not be limited to: (1) The feasibility of
including valorous award recommendations with the
President's Budget each fiscal year; (2) The feasibility
of including funding in the President's Budget for the
potential award upgrade recommendations that may be
unplanned throughout the fiscal year; and (3) Data on the
amount of congressionally-directed reviews and other
reviews undertaken in the last 5 years including
information on how many awards upgrades require
legislation.
Report on regulations and procedures to implement programs on
award of medals or commendations to handlers of military
working dogs
The Senate amendment contained a provision (sec. 5551) that
would require the Secretary of Defense to submit a report not
later than 90 days after the date of the enactment of this
Act to the Committees on Armed Services of the Senate and the
House of Representatives on the regulations and procedures
prescribed by the Secretaries of the military departments in
order to implement the programs on the award of medals or
other commendations to handlers of military working dogs
required by section 582 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232).
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to provide a
briefing, not later than 90 days after the date of the
enactment of this Act, to the Committees on Armed Services of
the Senate and the House of Representatives on the
regulations and procedures prescribed in order to carry out
the programs to award medals or other commendations to
handlers of military working dogs required by section 582 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019.
Medical or administrative discharge as a pathway for
counseling in the Transition Assistance Program
The House bill contained a provision (sec. 552) that would
amend section 1142(c)(1) of title 10, United States Code, to
include potential or confirmed medical discharge, or
potential or confirmed involuntary separation of the
servicemember, as a pathway for counseling in the Transition
Assistance Program.
The Senate amendment contained no similar provision.
The House recedes.
Family dynamics as pathways for counseling in the Transition
Assistance Program
The House bill contained a provision (sec. 553) that would
amend section 1142(c)(1) of title 10, United States Code, to
include certain family dynamics in the design of counseling
pathways in the Transition Assistance Program.
The Senate amendment contained no similar provision.
The House recedes.
Defense Language Institute Foreign Language Center
The House bill contained a provision (sec. 555) that would
amend section 2168 of title 10, United States Code, to
authorize the Defense Language Institute Foreign Language
Center to confer a Bachelor of Arts degree in foreign
language upon any graduate who fulfills the degree
requirements.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are concerned about the growth in the number
of Department of Defense entities requesting ``degree
granting authority.'' While post-secondary academic degrees
are an important credential, the proliferation of these
degrees degrades their value to students specifically and to
the Department in general.
Therefore, the conferees request the Under Secretary of
Defense for Personnel and Readiness provide a briefing by
April 1, 2021, explaining the justification for the Defense
Language Institute Foreign Language Center to award a
Bachelor of Arts degree. Such briefing should include data on
the current associate degree program and any other
information the Under Secretary considers relevant.
Defense Language Institute Foreign Language Center
The House bill contained a provision (sec. 556) that would
amend section 2168 of title 10, United States Code, to
authorize the Defense Language Institute Foreign Language
Center to confer a Bachelor of Arts degree in foreign
language upon any graduate who fulfills the degree
requirements.
The Senate amendment contained no similar provision.
The House recedes.
Participation of members of the reserve components of the
Armed Forces in the Skillbridge program
The House bill contained a provision (sec. 560B) that would
amend section 1143 of title 10, United States Code, to
authorize members of the reserve component to be eligible for
the Skillbridge program.
The Senate amendment contained no similar provision.
The House recedes.
Study regarding VA participation in TAP
The House bill contained a provision (sec. 560C) that would
require the Secretary of Defense and the Secretary of
Veterans Affairs

[[Page H6624]]

to submit a report to the congressional defense committees
and the Committees on Veterans Affairs of the Senate and the
House of Representatives, not later than December 31, 2022,
on the results of a study of the feasibility of having
Veterans Affairs' representatives present during Transition
Assistance Program (TAP) counseling sessions to establish
eBenefits accounts for TAP participants.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that representatives from the Department
of Veterans Affairs already participate in counseling
sessions required under section 1142 of title 10, United
States Code.
Transition outreach
The House bill contained a provision (sec. 560E) that would
require the Secretary of Defense, in coordination with the
Secretary of Veterans Affairs and the Secretary of Labor, to
encourage contact between servicemembers participating in the
Transition Assistance Program and local communities to
promote employment opportunities for such members.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that section 570F of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92) required the Secretary of Defense and the Secretary
of Veterans Affairs to enter into memoranda of understanding
or other agreements to transmit information from a
servicemember's Department of Defense Form DD-2648 to one or
more state veterans agencies to connect veterans with
services in local communities such as resume assistance,
employment interview training, and employment recruitment
training.
Continued participation of separated members of the Armed
Forces in Skillbridge programs
The House bill contained a provision (sec. 560F) that would
amend section 1143(e) of title 10, United States Code, to
authorize an eligible servicemember enrolled in Skillbridge
programs, and who may be discharged or released from Active
Duty, to continue participation in such programs until
completion.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that no obstacles exist for a
discharged or separated servicemember to complete Skillbridge
program training begun while on Active Duty. The conferees
encourage continued employer participation in the Skillbridge
program to help servicemembers gain full employment after
they transition from Active Duty to veteran status.
Report on officer training in irregular warfare
The House bill contained a provision (sec. 560J) that would
require the Secretary of Defense to submit to the appropriate
congressional committees a report on the training in
irregular warfare, if any, provided to officers of the Armed
Forces as part of the regular course of instruction for such
officers.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, not later
than 180 days after the date of the enactment of this Act, to
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the training in
irregular warfare, if any, provided to officers of the Armed
Forces as part of the regular course of instruction for such
officers.
The briefing shall include the following: (1) The level of
instruction in irregular warfare typically provided to
officers; (2) The number of hours of instruction at each
level; and (3) A description of the subject areas covered by
the instruction. The report shall not include information on
specialized or branch-specific training in irregular warfare
provided to certain officers as part of a specialized course
of instruction.
The conferees note that the term ``irregular warfare'' has
the meaning given that term in the Joint Operating Concept of
the Department of Defense titled ``Irregular Warfare:
Countering Irregular Threats'', version 2.0, dated May 17,
2010.
Limited exception for attendance of enlisted personnel at
senior level and intermediate level officer professional
military education courses
The House bill contained a provision (sec. 560L) that
would amend section 559 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) to authorize, in certain circumstances, the
attendance of enlisted personnel at senior and intermediate
level officer professional military education.
The Senate amendment contained no similar provision.
The House recedes.
Limitation on eligibility of for-profit institutions to
participate in educational assistance programs of the
Department of Defense
The House bill contained a provision (sec. 560M) that
would amend section 2006a of title 10, United States Code, to
prohibit the Secretary of Defense from providing educational
assistance funding to a proprietary institution of higher
education that derives less than 10 percent of its revenue
from non-Federal education assistance sources.
The Senate amendment contained no similar provision.
The House recedes.
Continuation of paid parental leave upon death of child
The House bill contained a provision (sec. 566) that would
require the Secretary of Defense to amend regulations related
to military parental leave to mandate primary and secondary
caregiver parental leave that has already been approved shall
not terminate upon the death of the child for whom such leave
is taken.
The Senate amendment contained no similar provision.
The House recedes.
The conferees understand the grief and pain caused by the
tragic death of a child. In cases of stillbirth or
miscarriage, expectant military parents suffer a great
emotional trauma and should be encouraged to take the time
needed to recover before returning to full-time duty. The
conferees believe the Department of Defense already has the
authority to ensure servicemembers who are dealing with the
death of child are able to take time off to care for
themselves and their families.
Commanders are entrusted with the responsibility of taking
care of their troops, which would include ensuring they have
the ability to take leave to deal with the pain caused by the
death of a child. If it becomes clear that commanders are not
performing as expected, the conferees remain open to
considering future legislation in this area.
Comptroller General of the United States report on the
structural condition of Department of Defense Education
Activity schools
The House bill contained a provision (sec. 568) that would
require the Comptroller General of the United States to
conduct a study on the structural condition of Department of
Defense Education Activity facilities and virtual
infrastructure.
The Senate amendment contained an identical provision
(sec. 567).
The conference agreement does not include either
provision.
The conferees direct the Secretary of Defense to provide a
report not later than November 1, 2021, to the congressional
defense committees setting forth an assessment of the
structural condition of schools of the Department of Defense
Education Activity, both within the continental United States
and outside the continental United States.
Separately, the conferees also direct the Comptroller
General of the United States to conduct an assessment and
provide a report not later than November 1, 2021, to the
Committees on Armed Services of the Senate and the House of
Representatives on the virtual learning infrastructure and
environment at Department of Defense Education Activity
schools when the physical structure cannot be used, including
military families' perspectives about virtual learning.
The conferees note the Comptroller General has begun such
an assessment in response to the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) and request the
Comptroller General submit said report to the Committees on
Armed Services of the Senate and the House of
Representatives.
Reopening of child care facilities of the Engineer Research
and Development Center
The House bill contained a provision (sec. 570C) that
would require the Secretary of the Army to reopen the
childcare facilities of the Engineer Research and Development
Center that were closed during fiscal year 2020.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the importance of communicating with
the local community regarding closures of childcare
facilities and encourage the Secretaries of the military
departments to ensure the childcare needs of servicemembers
and Department of Defense civilians can be met by local
childcare providers prior to closing a childcare facility.
Independent study and report on military spouse
underemployment
The Senate amendment contained a provision (sec. 5571)
that would require an independent study and report to be
completed by a federally funded research and development
center on military spouse underemployment.
The House bill contained no similar provision.
The Senate recedes.
Procedures of the Office of Special Needs for the
development of individualized services plans for military
families with special needs
The Senate amendment contained a provision (sec. 573) that
would amend section 1781c(d)(4) of title 10, United States
Code, to require that the policy of the Department of Defense
Office of Special Needs must include requirements for the
development and continuous updating by an appropriate office
of an individualized services plan--whether medical,
educational, or both--for each military family with special
needs and procedures for the development of an individualized
services plan for military family members with special needs
who have requested family support services and have completed
family needs assessments.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that this provision is included in
section 582 of title 5 of this Act.
Report on demographics of officers appointed to certain
grades
The House bill contained a provision (sec. 575) that would
require each Secretary of a military department to submit to
Congress

[[Page H6625]]

an annual report summarizing the gender and race of each
individual who received an original appointment under section
531 of title 10, United States Code, or was appointed to the
grade of O-9 or O-10 pursuant to section 601 of title 10,
United States Code, during the preceding fiscal year.
The Senate amendment contained no similar provision.
The House recedes.
Plans to increase female and minority representation in the
Armed Forces
The House bill contained a provision (sec. 576) that would
require the Secretary of Defense and each Secretary of a
military department to develop plans to increase the
recruiting, retention, and representation in senior enlisted
and officer grades, of female and minority members of the
Armed Forces and cadets or midshipmen. In addition, the
provision would require each Secretary to provide periodic
reports on progress toward achieving the goals established by
each such plan.
The Senate amendment contained a similar provision (sec.
5516) that would require the Secretary of Defense to submit
to the Congress a report setting forth a plan to implement
and accomplish the recommendations set forth in the
Government Accountability Office (GAO) report published on
May 19, 2020, titled, ``Female Active-Duty Personnel:
Guidance and Plans Needed for Recruitment and Retention
Efforts'' (GAO-20-61).
The conference agreement does not include either
provision.
Report to Congress on efforts to increase diversity and
representation in film, television, and publishing
The House bill contained a provision (sec. 578) that would
require the Secretary of Defense and each Secretary of a
military department to promulgate a policy to promote the
depiction of marginalized communities in projects with the
film, television, and publishing industries carried out
through their respective offices of public affairs. Further,
the provision would require the Secretaries to submit to the
Congress a report outlining the policies enacted and the
activities undertaken pursuant to such policies.
The Senate amendment contained no similar provision.
The House recedes.
Eligibility of veterans of Operation End Sweep for Vietnam
Service Medal
The House bill contained a provision (sec. 583) that would
authorize the Secretary of the military department concerned
to award the Vietnam Service Medal to a veteran who
participated in Operation End Sweep, upon the application of
that individual.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize the distinguished service of
veterans who participated in Operation End Sweep, from
February 6, 1973, to July 18, 1973, undertaking the harrowing
work of clearing sea mines laid in Vietnamese waters. The
conferees value the meritorious performance of Operation
End Sweep veterans following the cessation of military
combat operations in Vietnam.
Briefing on the implementation of requirements on
connections of retiring and separating members of the
Armed Forces with community-based organizations and
related entities
The Senate amendment contained a provision (sec. 5587)
that would require the Secretary of Defense to provide a
briefing on the current status of the implementation of
section 570F of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
The House bill contained no similar provision.
The Senate recedes.
Prohibition on charging for or counting certain acronyms on
headstones of individuals interred at Arlington National
Cemetery
The House bill contained a provision (sec. 593) that would
require the Secretary of the Army to establish policies to
prohibit the charging of a fee for or the counting towards
the character or line count of certain acronyms on headstones
for individuals interred at Arlington National Cemetery.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the U.S. Department of Veterans
Affairs does not charge a fee for headstone inscriptions and
currently allows for certain acronyms when there is space
available on the headstone to accommodate these letters.
Sense of Congress regarding advertising recruiting efforts
The House bill contained a provision (sec. 595) that would
express the sense of Congress that military recruiting
commands should give all due consideration to the use of
local broadcasting and traditional news publishers when
advertising.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress honoring the Dover Air Force Base,
Delaware, home to the 436th airlift wing, the 512th
airlift wing, and the Charles C. Carson Center for
mortuary affairs
The House bill contained a provision (sec. 597) that would
express the Sense of Congress honoring the servicemembers of
Dover Air Force Base for their distinguished service and
recognizing the incredibly unique and important work of the
Air Force Mortuary Affairs Operations and the role they play
in honoring our fallen heroes.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize the distinguished service of the
thousands of Active Duty military, reserve component, and
civilian employees of Dover Air Force Base that comprise and
support the 436th Airlift Wing, the 512th Airlift Wing, and
the Air Force Mortuary Affairs Operations, and express
sincerest gratitude for their unique and important work.
GAO study of women involuntarily separated or discharged due
to pregnancy or parenthood
The House bill contained a provision (sec. 598) that would
require the Comptroller General of the United States to
conduct a study of women involuntarily separated or
discharged from the Armed Forces due to pregnancy or
parenthood from 1951 through 1976.
The Senate amendment contained no similar provision.
The House recedes.
Annual report regarding cost of living for members and
employees of the Department of Defense
The House bill contained a provision (sec. 599B) that
would amend section 136 of title 10, United States Code, to
require the Under Secretary of Defense for Personnel and
Readiness to submit to the Committees on Armed Services of
the Senate and the House of Representatives an annual report
on the cost of living for Department of Defense military and
civilian personnel.
The Senate amendment contained no similar provision.
The House recedes.
Report on Preservation of the Force and Family Program of
United States Special Operations Command
The House bill contained a provision (sec. 599C) that
would require, not later than March 1, 2021, the Commander of
United States Special Operations Command (SOCOM) to submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on SOCOM's Preservation of the
Force and Family Program (POTFF).
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Assistant Secretary of Defense
for Special Operations and Low-Intensity Conflict and the
Commander of SOCOM, not later than March 1, 2021, to provide
to the Committees on Armed Services of the Senate and the
House of Representatives a report on POTFF. The report shall
include the following:
(1) A description of the current structure of professional
staff employed by the program;
(2) A comparison of the current mission requirements and
the capabilities of existing personnel of the program;
(3) An analysis of any emergent needs or skill sets of the
program; and
(4) A cost-benefit analysis of hiring, as specialists, the
following:
(a) contractors;
(b) civilian full-time equivalent personnel; and
(c) members of the Armed Forces.
Report regarding transportation of remains of certain
decedents by the Secretary of a military department
The House bill contained a provision (sec. 599) that would
require the Secretary of Defense to submit a report to
Congress, within 120 days of the date of the enactment of
this Act, regarding transportation of remains of decedents
under the jurisdiction of the Secretary of a military
department pursuant to section 1481 of title 10, United
States Code.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide a
briefing to the Committees on Armed Services of the Senate
and the House of Representatives, within 90 days of the date
of the enactment of this Act, regarding the transportation of
remains of decedents under the jurisdiction of the Secretary
of a military department pursuant to section 1481 of title
10, United States Code.
GAO study of members absent without leave or on unauthorized
absence
The House bill contained a provision (sec. 599D) that
would require the Comptroller General of the United States to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives on the results of a
study regarding how the Armed Forces handle cases of members
absent without leave or on unauthorized absence.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the United
States to provide a report to the Committees on Armed
Services of the Senate and the House of Representatives on
the results of a study detailing how the Armed Forces handle
cases of members absent without leave or on unauthorized
absence. The report shall include:
(1) The procedures, guidelines or practices employed by
each Armed Force for the identification and investigation of:
(a) voluntary absences;
(b) involuntary absences that may involve foul play,
accident, or other intervening factor; and
(c) involuntary absences wherein the member may be in
danger or some other form of distress;

[[Page H6626]]

(2) The procedures, guidelines or practices for
cooperation and coordination between military authorities,
local law enforcement agencies, and Federal law enforcement
agencies;
(3) The procedures, guidelines or practices for use of
media, including social media, in conjunction with such
cases;
(4) Military resources available for such cases and any
apparent shortfalls in such resources;
(5) Variances in procedures, guidelines or practices for
such cases between the Armed Forces;
(6) Variances between the procedures, guidelines or
practices described in paragraph (5) and those generally
employed by civilian law enforcement;
(7) Best practices and recommendations for responding to
and investigating such cases; and
(8) Any other matter the Comptroller General determines
appropriate.
The conferees direct the Comptroller General to provide
preliminary observations no later than March 31, 2021 with a
final report to follow at an agreed upon date.

Title VI--Military Compensation

Subtitle A--Pay and Allowances

Increase in basic pay (sec. 601)
The House bill contained a provision (sec. 601) that would
authorize a 3.0 percent increase in basic pay rates for
members of the uniformed services.
The Senate amendment contained no similar provision.
The Senate recedes.
Compensation and credit for retired pay purposes for
maternity leave taken by members of the reserve
components (sec. 602)
The House bill contained a provision (sec. 606) that would
amend section 206 of title 37, United States Code, to
authorize 1/30th of the basic pay authorized for a member of
a uniformed service for each 6 day period during which a
member of the reserve component is on maternity leave. The
provision would also require that each period of maternity
leave taken by a member of the reserve component in
connection with the birth of a child shall count toward the
member's entitlement to retired pay.
The Senate amendment contained an identical provision (sec.
603).
The conference agreement includes this provision.
Provision of information regarding SCRA to members who
receive basic allowance for housing (sec. 603)
The House bill contained a provision (sec. 642) that would
amend section 403 of title 37, United States Code, to require
the Secretary of Defense to provide information on the rights
and protections available to military personnel under the
Servicemembers Civil Relief Act to servicemembers who receive
Basic Allowance for Housing.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary concerned to provide information on the
Servicemembers Civil Relief Act when a servicemember first
receives a Basic Allowance for Housing and each time a
servicemember receives a permanent change of station.
Reorganization of certain allowances other than travel and
transportation allowances (sec. 604)
The House bill contained a provision (sec. 603) that would
amend chapter 7 of title 37, United States Code, to authorize
the Department of Defense to continue making payments beyond
fiscal year 2022 for per diem while on duty outside the
continental United States and for funeral honors duties.
The Senate amendment contained a similar provision (sec.
601).
The Senate recedes.
Expansion of travel and transportation allowances to include
fares and tolls (sec. 605)
The House bill contained a provision (sec. 605) that would
amend section 206 of title 37, United States Code, to
authorize the Department of Defense to reimburse authorized
travelers for fares and tolls incurred in connection with
official travel.
The Senate amendment contained no similar provision.
The Senate recedes.
One-time uniform allowance for officers who transfer to the
Space Force (sec. 606)
The House bill contained a provision (sec. 926) that would
allow the Secretary of the Air Force to provide to
servicemembers transferring into the Space Force a
reimbursement for the purchase of required uniforms and
equipment.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees acknowledge that the clothing allowance for
enlisted members is authorized in section 418 of title 37,
United States Code.

Subtitle B--Bonuses and Special Incentive Pays

One-year extension of certain expiring bonus and special pay
authorities (sec. 611)
The House bill contained a provision (sec. 611) that would
extend, through December 31, 2021, various expiring bonus and
special pay authorities for military personnel. The provision
would extend special pay and bonus authority for reserve
personnel, military healthcare professionals, and nuclear
officers and consolidated pay authorities for officer and
enlisted personnel. The provision would also extend the
authority to provide temporary increases in the rate of Basic
Allowance for Housing in certain circumstances.
The Senate amendment contained an identical provision (sec.
611).
The conference agreement includes this provision.
Increase in special and incentive pays for officers in health
professions (sec. 612)
The Senate amendment contained a provision (sec. 612) that
would amend subparagraphs (A) through (E) of section
335(e)(1) of title 37, United States Code, to increase the
maximum amounts of special and incentive pays for military
health professions officers.
The House bill contained no similar provision.
The House recedes with an amendment that would make such
special and incentive pays payable pursuant to agreements
entered into on or after the date of the enactment of this
Act.
Increase in certain hazardous duty incentive pay from members
of the uniformed services (sec. 613)
The House bill contained a provision (sec. 612) that would
amend section 351 of title 37, United States Code, to
increase the maximum allowable payment to $275 per month for
hazardous duty designated by the Secretary concerned or for
duty in an imminent danger area as determined by the
Secretary concerned.
The Senate amendment contained no similar provision.
The Senate recedes.
Payment of hazardous duty incentive pay for members of the
uniformed services (sec. 614)
The House bill contained a provision (sec. 613) that would
amend section 351 of title 37, United States Code, to require
that all hazardous duty pay be paid on a monthly basis.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
section 351 of title 37, United States Code, to provide
authority for the Secretary of a military department to pay
hazardous duty pay on a prorated or monthly basis.
Clarification of 30 days of continuous duty on board a ship
required for family separation allowance for members of
the uniformed services (sec. 615)
The House bill contained a provision (sec. 614) that would
amend section 427 of title 37, United States Code, to
authorize the payment of family separation allowance for
servicemembers who are under orders to remain on board a ship
while at home port.
The Senate amendment contained no similar provision.
The Senate recedes.

Subtitle C--Disability Pay, Retired Pay, and Family and Survivor
Benefits

Modernization and clarification of payment of certain
Reserves while on duty (sec. 621)
The Senate amendment contained a provision (sec. 622) that
would amend section 12316 of title 10, United States Code, to
modify the existing priority of payments so that a Reservist,
who is entitled to retired or retainer pay and who performs
paid reserve duty, would receive compensation for the reserve
duty unless the Reservist elects to waive that compensation
to receive the retired or retainer pay.
The House bill contained no similar provision.
The House recedes.
Restatement and clarification of authority to reimburse
members for spouse relicensing costs pursuant to a
permanent change of station (sec. 622)
The House bill contained a provision (sec. 615) that would
expand reimbursable state licensure and certification costs
for a military spouse arising from relocation.
The Senate amendment contained a similar provision (sec.
574) that would amend section 453 of title 37, United States
Code, to authorize the Secretaries of the military
departments to reimburse a servicemember of the Armed Forces
for the qualified relicensing or credentialing costs of his
or her spouse. The provision would repeal the expiring
authority in section 476(p) of title 37, United States Code.
The House recedes with a technical amendment.
Expansion of death gratuity for ROTC graduates (sec. 623)
The House bill contained a provision (sec. 622) that would
amend section 623 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) to make the
provision effective as of May 1, 2017.
The Senate amendment contained a similar provision (sec.
623).
The Senate recedes.
Expansion of assistance for Gold Star spouses and other
dependents (sec. 624)
The House bill contained a provision (sec. 628) that would
amend section 633(a) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66) to improve
assistance for Gold Star spouses and other dependents.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Gold Star Families Parks Pass (sec. 625)
The House bill contained a provision (sec. 626) that would
amend section 6804(b) of title

[[Page H6627]]

16, United States Code, to make the National Parks and
Federal Recreational Lands Pass available at no cost to
members of Gold Star Families.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Recalculation of financial assistance for providers of child
care services and youth program services for dependents
(sec. 626)
The House bill contained a provision (sec. 623) that would
require the Secretary of Defense to develop a method to
calculate financial assistance for childcare and youth
program service providers in accordance with section 1798 of
title 10, United States Code, based on local variations in
cost for childcare services.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to develop and implement a method to
calculate financial assistance for childcare and youth
program service providers in accordance with section 1798 of
title 10, United States Code, based on local variations in
cost for childcare services.
Priority for certain military family housing to a member of
the Armed Forces whose spouse agrees to provide family
home day care services (sec. 627)
The House bill contained a provision (sec. 624) that would
authorize the Secretary of a military department to
prioritize a servicemember for military family housing if
their spouse is eligible and agrees to provide family home
day care services when there is a shortage of childcare
employees at a Child Development Center at a given military
installation.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
eligible military spouse to agree to provide family home day
care services for not less than 1 year.
Study on feasibility and advisability of TSP contributions by
military spouses (sec. 628)
The House bill contained a provision (sec. 625) that would
direct the Secretary of Defense to study the feasibility of
authorizing a military spouse to contribute to the Thrift
Savings Plan (TSP) account of the servicemember to whom that
military spouse is married.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct the
Secretary of Defense to conduct a study on the feasibility
and advisability of authorizing a spouse to contribute to the
TSP account of the servicemember to whom that military spouse
is married.
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. 629)
The House bill contained a provision (sec. 621) that would
amend section 1798(a) of title 10, United States Code, to
authorize financial assistance to civilian providers of
childcare services or youth program services to survivors of
members of the Armed Forces who die in the line of duty or
Active Duty for training.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Comptroller General of the United States, not later than 1
year after the date of the enactment of this Act, to submit a
report on the implications of expanding the authority under
section 1798(a) of title 10, United States Code, to authorize
financial assistance to civilian providers of childcare
services or youth program services to survivors of members of
the Armed Forces who die in the line of duty or Active Duty
for training.
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 (sec. 629A)
The House bill contained a provision (sec. 629) that would
require the Secretary of Defense, acting jointly with the
Secretary of Homeland Security, to establish procedures
whereby an eligible remarried spouse may obtain unescorted
access to military installations to use commissaries and
Morale, Welfare, and Recreation (MWR) retail facilities to
the same extent as a non-remarried spouse.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense, in consultation with the Secretary of
Homeland Security, to submit a report by March 1, 2021, to
the Committees on Armed Services of the Senate and the House
of Representatives on the Department of Defense's procedures
by which an eligible remarried spouse may obtain access, as
appropriate, to a military installation to use a commissary
store or MWR retail facility.

Subtitle D--Defense Resale Matters

Base responders essential needs and dining access (sec. 631)
The House bill contained a provision (sec. 631) that would
amend chapter 54 of title 10, United States Code, to require
the Department of Defense to permit a protective services
employee at a military installation to purchase food and
hygiene items at a commissary or Morale, Welfare, and
Recreation (MWR) retail facility on the installation.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Department to permit such employees to purchase food and
hygiene items at a commissary or MWR retail facility on the
military installation.
First responder access to mobile exchanges (sec. 632)
The House bill contained a provision (sec. 632) that would
amend section 1146 of title 10, United States Code, to
require the Secretary of Defense to prescribe regulations to
allow an emergency responder to use a mobile commissary or
exchange store deployed to an area declared as a major
disaster or emergency under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense to prescribe regulations to allow an
emergency responder to use a mobile commissary or exchange
store deployed to an area declared as a major disaster or
emergency under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).
Updated business case analysis for consolidation of the
defense resale system (sec. 633)
The House bill contained a provision (sec. 633) that would
require the Chief Management Officer of the Department of
Defense, in coordination with the Undersecretary of Defense
for Personnel and Readiness, to update the Department's
business case analysis on consolidation of the defense resale
system not later than March 1, 2021. The provision would
require the Secretary of Defense to submit the updated
analysis to the Committees on Armed Services of the Senate
and the House of Representatives by June 1, 2021.
Additionally, the provision would prohibit any action on
consolidation until the same committees notify the Secretary
of Defense in writing of receipt and acceptance of the
updated analysis.
The Senate amendment contained no similar provision.
The Senate recedes.

Subtitle E--Other Personnel Rights and Benefits

Approval of certain activities by retired and reserve members
of the uniformed services (sec. 641)
The Senate amendment contained a provision (sec. 632) that
would amend section 908 of title 37, United States Code, to
authorize retired members of the uniformed services, members
of a reserve component of the Armed Forces not on Active Duty
for more than 30 days, and members of the Commissioned
Reserve Corps of the Public Health Service to accept payment
for speeches, travel, meals, lodging, or registration fees,
if approved by the Secretary concerned. The provision would
also require that annual reports on approvals for employment
or compensation of retired general and flag officers include
the following elements: (1) The foreign government involved;
(2) The duties to be performed; and (3) The compensation or
payment to be provided.
The House bill contained no similar provision.
The House recedes.
Permanent authority for and enhancement of the Government
lodging program (sec. 642)
The Senate amendment contained a provision (sec. 631) that
would amend section 914 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291) to permanently authorize a
government lodging program for employees of the Department of
Defense and members of the uniformed services under the
jurisdiction of the Secretary of Defense. The provision would
also require the Secretary concerned to exclude from the
lodging program Department of Defense civilian employees who
are traveling for the performance of mission functions of a
public shipyard of the Department of Defense, if the purpose
or mission of such travel would be adversely affected by the
requirements of the Government lodging program.
The House bill contained no similar provision.
The House recedes with an amendment that would exclude from
the lodging program until September 30, 2023, Department of
Defense civilian employees who are traveling for the
performance of mission functions of a public shipyard of the
Department of Defense.
Operation of Stars and Stripes (sec. 643)
The House bill contained a provision (sec. 641) that would
maintain the enacted fiscal year 2020 funding levels for
Stars and Stripes and require the Secretary of Defense to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives detailing a business
case analysis of continued operation of Stars and Stripes.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Basic needs allowance for low-income regular members
The House bill contained a provision (sec. 602) that would
amend chapter 7 of title 37,

[[Page H6628]]

United States Code, by adding a new section that would
require the Secretary of Defense to pay a basic needs
allowance to a qualifying servicemember.
The Senate amendment contained no similar provision.
The House recedes.
The conferees remain very concerned about the lack of an
accurate and reliable assessment of the current extent of
food insecurity among members of the Armed Forces and their
dependents. While there continues to be anecdotal evidence of
military personnel utilizing food banks close to military
installations, there is little quantitative evidence
suggesting hunger is a matter of concern in the military.
Section 656 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) directed the Secretary
of Defense to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives on
food insecurity among members of the Armed Forces and their
dependents. The conferees received an interim response
stating the required report will incorporate findings from
the 13th Quadrennial Review of Military Compensation and be
provided to Congress by March 31, 2021. The conferees
reiterate the importance of this report. If the results of
the forthcoming report indicate food insecurity exists at any
rank, the conferees expect the Secretary of Defense to take
steps to address the problem and propose to the Congress any
legislation required to solve this unacceptable situation.
Ensuring military personnel are able to feed their families
is a matter of the utmost importance to the Congress and the
American people.
Hazardous duty pay for members of the Armed Forces performing
duty in response to the Coronavirus Disease 2019
The Senate amendment contained a provision (sec. 602) that
would require the Secretary of the military department
concerned to pay hazardous duty pay in the amount of $150 per
month to members of the Armed Forces who perform duty in
response to the coronavirus disease 2019 (COVID-19).
Hazardous duty pay for COVID-19 would not be prorated.
The House bill contained no similar provision.
The Senate recedes.
The conferees encourage the Department of Defense to make
use of its existing authority to provide hazardous duty pay
to members of the Armed Forces who perform duty in response
to the coronavirus disease 2019.
Single military housing area for each municipality with a
population greater than 500,000
The House bill contained a provision (sec. 604) that would
amend section 403 of title 37, United States Code, to
prohibit any municipality with a population greater than
500,000 from being covered by more than one military housing
area.
The Senate amendment contained no similar provision.
The House recedes.

Title VII--Health Care Provisions

Subtitle A--Tricare and Other Health Care Benefits

Improvement to breast cancer screening (sec. 701)
The House bill contained a provision (sec. 704) that would
amend section 1074d(b)(2) of title 10, United States Code, to
include TRICARE coverage for digital breast tomosynthesis.
The Senate amendment contained no similar provision.
The Senate recedes.
Waiver of fees charged to certain civilians for emergency
medical treatment provided at military medical treatment
facilities (sec. 702)
The House bill contained a provision (sec. 705) that would
amend section 1079b of title 10, United States Code, to
require the Secretary of Defense to implement procedures that
would authorize military treatment facilities (MTFs) to waive
fees for medical care provided to civilians at MTFs if, after
any insurance payments, the civilian is unable to pay for the
care provided and that care enhanced the medical readiness of
the health care providers who furnished the care.
The Senate amendment contained an identical provision (sec.
703).
The Senate recedes with a technical amendment.
Authority for Secretary of Defense to manage provider type
referral and supervision requirements under TRICARE
program (sec. 703)
The Senate amendment contained a provision (sec. 701) that
would amend section 1079(a)(12) of title 10, United States
Code, to provide the Department of Defense with greater
flexibility in determining which provider types under the
TRICARE program may diagnose or assess a mental or physical
illness, injury, or bodily malfunction and, by extension, the
extent to which referrals and supervision may be required for
these provider types.
The House bill contained no similar provision.
The House recedes.
Expansion of benefits available under TRICARE Extended Care
Health Option program (sec. 704)
The House bill contained a provision (sec. 706) that would
amend subsection (e) of section 1079 of title 10, United
States Code, to expand benefits available under the TRICARE
Extended Health Care Option (ECHO) program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would expand
certain benefits under the TRICARE ECHO program, including
the expansion of a respite care benefit from 16 to 32 hours
per month for primary caregivers. The provision would require
the Comptroller General of the United States to submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives not later than April 1, 2022, on
caregiving services available to eligible dependents under
State Medicaid plans or the Program of Comprehensive
Assistance for Family Caregivers of the Department of
Veterans Affairs.
Sale of hearing aids for dependents of certain members of the
reserve components (sec. 705)
The House bill contained a provision (sec. 707) that would
amend section 1077(g) of title 10, United States Code, to
authorize the provision of hearing aids for dependents of
certain reserve component members.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
section 1077(g) of title 10, United States Code, to authorize
the sale of hearing aids to certain eligible members of the
reserve components.
Pilot program on receipt of non-generic prescription
maintenance medications under TRICARE pharmacy benefits
program (sec. 706)
The Senate amendment contained a provision (sec. 707) that
would require the Secretary of Defense to conduct a 3-year
pilot program whereby covered TRICARE beneficiaries may elect
to receive certain non-generic prescription maintenance
medications either through military treatment facility
pharmacies, the TRICARE mail order pharmacy program, or
retail network pharmacies. The provision would prescribe
certain conditions of the pilot program and would require the
Secretary to provide a briefing to the congressional defense
committees, within 90 days of the date of the enactment of
this Act, on implementation of the pilot program.
Subsequently, the Secretary would provide an interim report
to the same committees within 18 months after the
commencement of the pilot program. Finally, the Comptroller
General of the United States would submit a report on the
program to the same committees by March 1, 2024.
The Senate amendment contained another provision (sec.
5707) that would make a technical amendment to section 707 of
the Senate amendment.
The House bill contained no similar provisions.
The House recedes with an amendment that would authorize
the Secretary of Defense to carry out the pilot program if
the total costs to the Department of Defense (DOD) for
eligible beneficiaries to receive such medications under the
pilot program would not exceed the total costs to DOD for
medications dispensed to such beneficiaries through the
national mail order program. The amendment would include the
technical amendment under section 5707 of the Senate
amendment.

Subtitle B--Health Care Administration

Repeal of administration of TRICARE dental plans through
Federal Employees Dental and Vision Insurance Program
(sec. 711)
The Senate amendment contained a provision (sec. 722) that
would amend section 713(c) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) to delay the transition of the administration of
TRICARE dental plans for Active-Duty family members, non-
activated National Guard/Reserve members, family members of
National Guard/Reserve members, and certain survivors to the
Federal Employees Dental and Vision Insurance Program
(FEDVIP) until January 1, 2023.
The House bill contained no similar provision.
The House recedes with an amendment that would repeal
section 8951(8) of title 5, United States Code, and section
1076a(b) of title 10, United States Code, to repeal the
administration of the TRICARE Dental Program (TDP) through
the FEDVIP.
The conferees have become aware of certain significant
challenges associated with a change in the administration of
the TDP and the potential negative impact such change may
have on dental benefits for eligible TRICARE beneficiaries.
As a result, the conferees determine to repeal the underlying
statutes that have directed this administrative change.
Protection of the Armed Forces from infectious diseases (sec.
712)
The House bill contained a provision (sec. 711) that would
amend chapter 55 of title 10, United States Code, to require
the Secretary of Defense to ensure that the Armed Forces have
the diagnostic equipment, testing capabilities, and personal
protective equipment necessary to protect servicemembers from
the threat of infectious diseases and to treat those members
who contract infectious diseases.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Department of Defense to maintain a 30-day supply of personal

[[Page H6629]]

protective equipment in a quantity sufficient for each member
of the active and reserve components and to have the
capability to re-supply such equipment rapidly. The amendment
would also require the Secretary of Defense to ensure that
the Department's medical laboratories have the technology
needed to facilitate rapid research and development of
vaccines, diagnostics, and therapeutics in case of pandemics.
Inclusion of drugs, biological products, and critical medical
supplies in national security strategy for national
technology and industrial base (sec. 713)
The House bill contained a provision (sec. 712) that would
amend section 2501(a) of title 10, United States Code, to
require inclusion of drugs, biological products, and critical
medical supplies in the national security strategy for the
national technology and industrial base. The provision would
require the Secretary of Defense, in consultation with the
Secretary of Health and Human Services, the Commissioner of
Food and Drugs, and other agencies of the Federal government
as appropriate, to submit a report to the appropriate
congressional committees, within 1 year of the date of the
enactment of this Act, on vulnerabilities to the drugs,
biological products, vaccines, and critical medical supplies
of the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to include with the report required in
2022, under section 2504 of title 10, United States Code, an
appendix containing an assessment of the gaps or
vulnerabilities in the national technology and industrial
base with respect to drugs, biological products, vaccines,
and critical medical supplies described in section
2501(a)(11) of such title as amended by this section. The
amendment would modify certain matters required in the
appendix of the report, including an identification of any
shortages of finished drugs, biological products, vaccines,
and critical medical supplies with respect to the joint
deployment formulary. The amendment would also require the
Secretary to submit the appendix separately to the
appropriate congressional committees as defined in the
amendment.
Contract authority of the Uniformed Services University of
the Health Sciences (sec. 714)
The House bill contained a provision (sec. 713) that would
amend section 2113(g)(1) of title 10, United States Code, to
authorize the Uniformed Services University of the Health
Sciences to enter into contracts, cooperative agreements, or
grants on a sole-source basis pursuant to section 2304(c)(5)
of such title.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
certain technical amendments and clarify that nothing in this
section shall be construed to limit the Secretary of
Defense's ability, in carrying out such section, to use
competitive procedures to award contracts, cooperative
agreements, or grants.
Membership of Board of Regents of Uniformed Services
University of the Health Sciences (sec. 715)
The Senate amendment contained a provision (sec. 742) that
would amend section 2113a(b) of title 10, United States Code,
to designate the Director of the Defense Health Agency as an
ex officio member of the Board of Regents of the Uniformed
Services University of the Health Sciences.
The House bill contained no similar provision.
The House recedes.
Temporary exemption for Uniformed Services University of the
Health Sciences from certain Paperwork Reduction Act
requirements (sec. 716)
The House bill contained a provision (sec. 1774) that would
have rendered certain parts of the Paperwork Reduction Act
(44 U.S.C. 3501-3521) inapplicable to the voluntary
collection of information during the conduct of research by
the Uniformed Services University of the Health Sciences
(USUHS).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish a
2-year pilot program, during which the voluntary collection
of information during research and program evaluations
conducted or sponsored by USUHS and funded through the
Defense Health Program would be exempt from application of
sections 3506(c), 3507, and 3508 of title 44, United States
Code. Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense would be required to
submit to the appropriate congressional committees of the
Senate and the House of Representatives a report setting
forth the preliminary outcomes of the pilot program. Not
later than 2 years after the date of the enactment of this
Act, the Secretary would be required to submit an updated
report and any recommendations with respect to policy or
legislative actions regarding the exemption.
Modification to limitation on the realignment or reduction of
military medical manning end strength (sec. 717)
The House bill contained a provision (sec. 715) that would
amend section 719 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) that would prohibit
the realignment or reduction of military medical end strength
authorizations during the 1-year period following the date of
the enactment of this Act. The provision would require the
Department of Defense to consider the impact of such end
strength authorizations on the Department's homeland defense
and pandemic influenza support missions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would prohibit
the realignment or reduction of military medical end strength
authorizations during the 180 days following the date of the
enactment of this Act.
Modifications to implementation plan for restructure or
realignment of military medical treatment facilities
(sec. 718)
The House bill contained a provision (sec. 716) that would
amend section 703(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) to require
certain modifications to the requirements for the Department
of Defense's implementation plan for restructure or
realignment of military medical treatment facilities (MTFs).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to certify to the congressional defense
committees that a covered beneficiary affected by restructure
or realignment of a MTF would have access to health care
services through the purchased care component of the TRICARE
program. Additionally, the amendment would modify the time
period that would restrict the Secretary from making such
changes to MTFs.
Policy to address prescription opioid safety (sec. 719)
The House bill contained a provision (sec. 717) that would
require the Secretary of Defense to develop a policy and
tracking mechanism for the prescription of opioid medications
to ensure compliance with guidelines published by the Centers
for Disease Control and Prevention and the Food and Drug
Administration.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to develop a policy and tracking
mechanism to ensure that certain healthcare providers across
the military health system conform with the clinical practice
guidelines of the Department of Defense and Department of
Veterans Affairs and the opioid prescribing guidelines of the
Centers for Disease Control and Prevention and the Food and
Drug Administration. The amendment would expand upon and
modify the elements required in the Secretary's opioid
prescription abuse prevention policy.
Addition of burn pit registration and other information to
electronic health records of members of the Armed Forces
(sec. 720)
The House bill contained a provision (sec. 718) that would
require the Secretary of Defense and the Secretary of
Veterans Affairs, within 1 year of the date of the enactment
of this Act, to ensure that their departments' electronic
health records contain updated information related to each
servicemember or veteran in the burn pit registry established
under section 201 of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense, within 1 year of the date of the
enactment of this Act, to ensure that the Department of
Defense's electronic health records contain: (1) Updated
information related to each servicemember in the Airborne
Hazards and Open Burn Pit Registry; and (2) A link to any
servicemember's occupational or environmental exposure
recorded in the Defense Occupational and Environmental Health
Readiness System (or successor system).
Inclusion of information on exposure to open burn pits in
postdeployment health reassessments (sec. 721)
The House bill contained a provision (sec. 759) that would
require the Secretary of Defense to ensure inclusion of a
question on post-deployment health assessment or reassessment
forms regarding exposure of servicemembers to open burn pits.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.

Subtitle C--Matters Relating to COVID-19

COVID-19 military health system review panel (sec. 731)
The House bill contained a provision (sec. 721) that would
require the Secretary of Defense to establish a coronavirus
disease 2019 (COVID-19) panel to review the military health
system's response to COVID-19, evaluate the effects of COVID-
19 on the system, and analyze the system's strengths and
weaknesses identified as a result of COVID-19. The provision
would: (1) Establish the panel's composition and duties; (2)
Define the elements of the review; and (3) Require the
Secretary of Defense to provide a report to the congressional
defense committees not later than June 1, 2021.
The Senate amendment contained no similar provision.
The Senate recedes.

[[Page H6630]]

Department of Defense pandemic preparedness (sec. 732)
The House bill contained a provision (sec. 722) that would
require the Secretary of Defense to develop a strategy for
pandemic preparedness and response and to conduct a study on
the response of the military health system to the coronavirus
disease 2019 (COVID-19). The provision would require the
Secretary to submit a report to the congressional defense
committees on the strategy and the study by June 1, 2021.
Finally, the provision would require the Inspector General of
the Department of Defense (DOD) to submit a report to the
Secretary of Defense and the same committees on the total
dollar amount of waste, fraud, and abuse uncovered in any DOD
spending under the Defense Production Act of 1950 with
respect to the COVID-19 pandemic and to provide
recommendations to combat any such activities in future
spending related to pandemic preparedness and response.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove the
requirement for the Inspector General of the Department of
Defense to submit a report.
Transitional health benefits for certain members of the
National Guard serving under orders in response to the
coronavirus (COVID-19) (sec. 733)
The House bill contained a provision (sec. 520A) that would
require the Secretary of Defense to provide to a National
Guard (NG) member separating from active service after
serving on full-time 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, if the
active service from which the NG member is separating was in
support of the whole of government response to the COVID-19
pandemic.
The Senate amendment contained an identical provision (sec.
705).
The conference agreement includes this provision.
Registry of certain TRICARE beneficiaries diagnosed with
COVID-19 (sec. 734)
The House bill contained a provision (sec. 723) that would
require the Secretary of Defense to establish and maintain a
registry by June 1, 2021, of TRICARE beneficiaries diagnosed
with COVID-19. The Secretary would provide a report on
establishing the registry, within 180 days of the date of the
enactment of this Act, to the Committees on Armed Services of
the Senate and the House of Representatives.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to clarify that the
Secretary of Defense would be required to establish and
maintain a registry by June 1, 2021, of TRICARE beneficiaries
diagnosed with or treated for COVID-19 at a military medical
treatment facility.
Health assessments of veterans diagnosed with pandemic
diseases to determine exposure to open burn pits and
toxic airborne chemicals (sec. 735)
The House bill contained a provision (sec. 724) that would
require the Secretary of Defense and the Secretary of
Veterans Affairs to ensure that the first heath assessment
conducted for a servicemember or veteran, after the
individual tested positive for a pandemic virus, includes an
evaluation to determine whether the individual had been based
or stationed where open burn pits were used or whether the
individual had been exposed to toxic airborne chemicals or
contaminants. The provision would require enrollment of such
exposed individuals into the Airborne Hazards and Open Burn
Pit Registry. Finally, the provision would require the
Secretary of Veterans Affairs to conduct a study on the
health impacts of a pandemic virus on individuals exposed to
open burn pits or other toxic exposures.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Veterans Affairs to ensure that the first health
assessment conducted for a veteran, after the individual
tested positive for a pathogen by which a public health
national emergency has been declared, includes an evaluation
to determine whether the veteran had been based or stationed
where open burn pits were used or whether the individual had
been exposed to toxic airborne chemicals or contaminants.
Comptroller General study on delivery of mental health
services to members of the Armed Forces during the COVID-
19 pandemic (sec. 736)
The Senate amendment contained a provision (sec. 746) that
would require the Comptroller General of the United States to
conduct a study on the delivery of Federal, State, and
private mental health services to members of the reserve
components. The provision would require the Comptroller
General to submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the study
not later than 1 year after the date of the enactment of this
Act.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Comptroller General to 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 and to
submit to the same committees a report on the study not later
than 1 year after the date of the enactment of this Act.

Subtitle D--Reports and Other Matters

Modifications to pilot program on civilian and military
partnerships to enhance interoperability and medical
surge capability and capacity of National Disaster
Medical System (sec. 741)
The House bill contained a provision (sec. 731) that would
amend section 740 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) to modify the
requirements for the pilot program on civilian and military
partnerships to enhance interoperability and medical surge
capability and capacity of the National Disaster Medical
System.
The Senate amendment contained a similar provision (sec.
744).
The House recedes with an amendment that would make certain
technical amendments to the Senate provision. Additionally,
the amendment would require the Secretary of Defense to
submit an initial report on the pilot program to the
appropriate congressional committees, as defined, within
180 days after commencement of the program. Within 180
days after completion of the pilot program, the Secretary
would submit a final report to the same committees.
Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the
Department of Defense (sec. 742)
The House bill contained a provision (sec. 732) that would
amend section 741(a)(2) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) to require
additional elements in the Department of Defense's annual
suicide report.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility
Demonstration Fund (sec. 743)
The House bill contained a provision (sec. 734) that would
amend section 1704(e) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84) to extend the
authority for the Joint Department of Defense-Department of
Veterans Affairs Demonstration Fund from September 30, 2021,
to September 30, 2023.
The Senate amendment contained a similar provision (sec.
741).
The House recedes.
Military Health System Clinical Quality Management Program
(sec. 744)
The Senate amendment contained a provision (sec. 743) that
would require the Secretary of Defense to implement a
comprehensive clinical quality management program within the
military health system. The provision would prescribe the
elements of the program and include clinical quality
management of healthcare delivery outside military medical
treatment facilities, on ships, planes, in deployed settings,
and in the purchased care component of the military health
system.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Wounded Warrior Service Dog Program (sec. 745)
The House bill contained a provision (sec. 750H) that would
require the Secretary of Defense to establish a program to
award competitive grants to nonprofit organizations to assist
such organizations in the planning, designing, establishing,
or operating programs to provide assistance dogs to covered
servicemembers and veterans.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to establish a Wounded Warrior Service
Dog Program to provide assistance dogs to covered
servicemembers and veterans.
Extramedical maternal health providers demonstration project
(sec. 746)
The House bill contained a provision (sec. 720) that would
require the Secretary of Defense, within 1 year of the date
of the enactment of this Act, to conduct a 5-year
demonstration project designed to evaluate the cost, quality
of care, and impact on maternal and fetal outcomes of using
certain extra-medical maternal health providers (doulas and
lactation consultants) under the TRICARE program to determine
whether to make coverage of the services of such providers
permanent under TRICARE.
The Senate amendment contained an identical provision (sec.
706).
The conference agreement includes this provision with an
amendment to include lactation counselors as participants in
the demonstration project.
Briefing on diet and nutrition of members of the Armed Forces
(sec. 747)
The House bill contained a provision (sec. 740) that would
require the Secretary of Defense to submit a report, within
180 days of the date of the enactment of this Act, to the
congressional defense committees on the diet and nutrition of
members of the Armed Forces.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense

[[Page H6631]]

to provide a briefing, within 180 days of the date of the
enactment of this Act, to the Committees on Armed Services of
the Senate and the House of Representatives on the diet and
nutrition of members of the Armed Forces.
Audit of medical conditions of residents in privatized
military housing (sec. 748)
The House bill contained a provision (sec. 743) that would
require the Inspector General of the Department of Defense
(DODIG) to conduct an audit of the medical conditions of
servicemembers and their families who have resided in unsafe
or unhealthy privatized military housing. Not later than 1
year after commencement of the audit, the DODIG would be
required to 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 and to
publish the audit on a publicly available internet website of
the Department of Defense.
The Senate amendment contained a similar provision (sec.
748).
The House recedes with an amendment that would require the
DODIG, within 90 days of the date of the enactment of this
Act, to commence an audit of: (1) The medical conditions of
servicemembers and their families who have resided in unsafe
or unhealthy military housing; and (2) The process under
section 3053 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) to determine whether
such process adequately addresses the resolution of
environmental health hazards identified during inspections
conducted pursuant to sections 3051(b) and 3052(b) of such
Act. Not later than 1 year after commencement of the audit,
the DODIG would be required to 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 and to publish the audit on a publicly available
internet website of the Department of Defense.
Assessment of receipt by civilians of emergency medical
treatment at military medical treatment facilities (sec.
749)
The Senate amendment contained a provision (sec. 751) that
would require the Comptroller General of the United States,
within 1 year of the date of the enactment of this Act, to
complete an assessment of the provision of emergency medical
treatment by the Department of Defense to non-covered
civilian patients at military medical treatment facilities
during the period from October 1, 2015, to September 30,
2020. The provision would require the Comptroller General to
provide a report containing the results of the assessment to
the Committees on Armed Services of the Senate and the House
of Representatives within 180 days after completion of such
assessment.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
reporting requirements of the Comptroller General.
Study on the incidence of cancer diagnosis and mortality
among military aviators and aviation support personnel
(sec. 750)
The House bill contained a provision (sec. 739) that would
require the Secretary of Defense to enter into an agreement
with the National Academies of Sciences, Engineering, and
Medicine to conduct a study on the incidence of cancer
diagnosis and mortality among military aviators and aviation
support personnel and to provide a report to the appropriate
congressional committees within 2 years of the date of such
agreement.
The Senate amendment contained a similar provision (sec.
754) that would require the Secretary of Defense to conduct a
two-phased study, in conjunction with the National Institutes
of Health and the National Cancer Institute, on cancer among
aviators and aviation support personnel who served in the
Armed Forces on or after February 28, 1961, and who receive
benefits under chapter 55, United States Code. The Secretary
would submit a report to the appropriate congressional
committees on the findings of phase 1 of the study within 1
year of the date of the enactment of this Act. Finally, the
Secretary would submit a report on phase 2 of the study, if
conducted, to the same committees within 1 year of the date
of submission of the first report.
The House recedes with a technical amendment.
Study on exposure to toxic substances at Karshi-Khanabad Air
Base, Uzbekistan (sec. 751)
The House bill contained a provision (sec. 742) that would
require the Secretary of Defense to conduct a study on toxic
exposure by servicemembers deployed to Karshi-Khanabad Air
Base, Uzbekistan, at any time from October 1, 2001, to
December 31, 2005.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Review and report on prevention of suicide among members of
the Armed Forces stationed at remote installations
outside the contiguous United States (sec. 752)
The House bill contained a provision (sec. 745) that would
require the Comptroller General of the United States to
conduct a review of efforts by the Department of Defense to
prevent suicide among servicemembers stationed at remote
installations outside the contiguous United States. The
provision would prescribe the elements of such review and
require the Comptroller General to brief the Committees on
Armed Services of the Senate and the House of
Representatives, not later than October 1, 2021, on
preliminary observations relating to the review. The
Comptroller General would then submit a report containing
the results of the review to the same committees not later
than March 1, 2022.
The Senate amendment contained an identical provision (sec.
747).
The conference agreement includes this provision.
Study on medevac helicopters and ambulances at certain
military installations (sec. 753)
The House bill contained a provision (sec. 748) that would
require the Secretary of Defense to submit a report to the
congressional defense committees, within 180 days of the date
of the enactment of this Act, containing a study on the
potential benefits and feasibility of requiring each military
installation outside the United States to have, at a minimum,
one functioning medical evacuation helicopter and one
functioning ambulance that are each stocked with appropriate
medical emergency equipment.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit a report on the study to the
Committees on Armed Services of the Senate and the House of
Representatives within 1 year of the date of the enactment of
this Act. The amendment would also modify the elements of
such study.
Comptroller General study on prenatal and postpartum mental
health conditions among members of the Armed Forces and
their dependents (sec. 754)
The House bill contained a provision (sec. 750) that would
require the Secretary of Defense to submit a report to
Congress on mental health treatment relating to pregnancy.
The Senate amendment contained a similar provision (sec.
749) that would require the Comptroller General of the United
States to conduct a study on prenatal and postpartum mental
health conditions among members of the Armed Forces and their
dependents. The provision would also require the Comptroller
General to submit a report on the study's findings to the
Committees on Armed Services of the Senate and the House of
Representatives within 1 year of the date of the enactment of
this Act.
The House recedes with an amendment that would modify the
elements of the study conducted by the Comptroller General to
include the report elements in section 750 of the House bill.
Report on lapses in TRICARE coverage for members of the
National Guard and reserve components (sec. 755)
The House bill contained a provision (sec. 750J) that would
require the Comptroller General of the United States to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives, within 1 year of the
date of the enactment of this Act, analyzing the factors that
may contribute to lapses in TRICARE coverage for members of
the National Guard and the reserve component.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
each Secretary of a military department, in consultation with
the Director of the Defense Health Agency, to conduct the
analysis and to submit the report to the same committees. In
addition, the amendment would include additional elements for
analysis in the report.
Study and report on increasing telehealth services across
Armed Forces (sec. 756)
The House bill contained a provision (sec. 750K) that would
require the Secretary of Defense to conduct a study that
reviews, identifies, and evaluates the technology approaches,
policies, and concepts of operations of telehealth and
telemedicine programs of the military departments and to
provide a report to the congressional defense committees
within 1 year of the date of the enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Study on force mix options and service models to enhance
readiness of medical force of the Armed Forces (sec. 757)
The Senate amendment contained a provision (sec. 745) that
would require the Secretary of Defense, within 30 days of the
date of the enactment of this Act, to 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 to optimize readiness of
the medical force to deliver combat casualty care. The
Secretary would submit a report on the findings of the study
to the Committees on Armed Services of the Senate and the
House of Representatives within 15 months of the date of the
enactment of this Act.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on billing practices for health care from Department
of Defense (sec. 758)
The Senate amendment contained a provision (sec. 752) that
would require the Comptroller General of the United States,
within 1 year of the date of the enactment of this

[[Page H6632]]

Act, to submit a report to the Committees on Armed Services
of the Senate and the House of Representatives assessing the
billing practices of the Department of Defense for care
received under the TRICARE Program or at military treatment
facilities.
The House bill contained no similar provision.
The House recedes with an amendment that would remove the
findings and the sense of Congress from the provision.

Subtitle E--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components

Short title (sec. 761)
The House bill contained a provision (sec. 751) that would
cite this subtitle as the ``Care and Readiness Enhancement
for Reservists Act of 2020'' or the ``CARE for Reservists Act
of 2020.''
The Senate amendment contained an identical provision (sec.
761).
The conference agreement includes this provision.
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. 762)
The House bill contained a provision (sec. 752) that would
amend subsection (a)(1) of section 1712A of title 38, United
States Code, to expand eligibility for readjustment
counseling and related outpatient services from the
Department of Veterans Affairs to certain members of the
reserve components of the Armed Forces.
The Senate amendment contained an identical provision (sec.
762).
The conference agreement includes this provision.
Provision of mental health services from Department of
Veterans Affairs to members of reserve components of the
Armed Forces (sec. 763)
The House bill contained a provision (sec. 753) that would
amend subchapter VIII of chapter 17 of title 38, United
States Code, to authorize the Secretary of Veterans Affairs,
in consultation with the Secretary of Defense, to provide
mental health services to members of the reserve components
of the Armed Forces.
The Senate amendment contained an identical provision (sec.
763).
The conference agreement includes this provision.
Inclusion of members of reserve components in mental health
programs of Department of Veterans Affairs (sec. 764)
The House bill contained a provision (sec. 754) that would
amend section 1720F of title 38, United States Code, to
include reserve component members in the mental health
programs of the Department of Veterans Affairs.
The Senate amendment contained an identical provision (sec.
764).
The conference agreement includes this provision.
Report on mental health and related services provided by
Department of Veterans Affairs to members of the Armed
Forces (sec. 765)
The House bill contained a provision (sec. 755) that would
require the Secretary of Veterans Affairs to submit to the
Committees on Veterans' Affairs and Appropriations of the
Senate and the House of Representatives, within 1 year of the
date of the enactment of this Act, a report on mental health
services provided by the Department of Veterans Affairs.
The Senate amendment contained a similar provision (sec.
765).
The Senate recedes with a technical amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Expansion of mental health assessments for members of the
Armed Forces
The House bill contained a provision (sec. 701) that would
amend section 1074m of title 10, United States Code, to
expand mental health assessments to certain members of the
Armed Forces who were not deployed in support of a
contingency operation.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense provides
a mental health assessment during the annual periodic health
assessment for each servicemember, and more requirements to
provide additional mental health assessments to certain
servicemembers may further burden the Department's limited
mental health resources. Section 718 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
required the Department to develop and implement a
comprehensive policy for the provision of servicemembers'
mental health care and to provide a report to the Committees
on Armed Services of the Senate and the House of
Representatives. The conferees determine to evaluate this
report before enacting further legislation to expand
requirements for mental health assessments.
Mandatory referral for mental health evaluation
The House bill contained a provision (sec. 702) that would
amend section 1090a of title 10, United States Code, to
require the Department of Defense to establish a phrase that
would enable a servicemember to trigger a referral by a
commanding officer or supervisor for a mental health
evaluation.
The Senate amendment contained no similar provision.
The House recedes.
Removal of Christian Science providers as authorized
providers under the TRICARE program
The Senate amendment contained a provision (sec. 702) that
would amend subsection (a) of section 1079 of title 10,
United States Code, by striking paragraph (4) to remove
Christian Science providers as authorized providers under the
TRICARE program.
The House bill contained no similar provision.
The Senate recedes.
Assessments and testing relating to exposure to
perfluoroalkyl and polyfluoroalkyl substances
The House bill contained a provision (sec. 703) that would
require the Secretary of Defense to ensure that any ``covered
evaluation'' includes an evaluation of whether the
servicemember has been based or stationed at a military
installation identified by the Department of Defense as a
location with a known or suspected release of per- or
polyfluoroalkyl substances (PFAS) or exposure. If the
determination is positive, a blood test must be provided to
determine and document potential exposure to PFAS and results
included in the servicemember's health record.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the requirements for the Department of
Defense in the past three National Defense Authorization Acts
to address exposure to PFAS. The conferees continue to
monitor the actions of the PFAS Task Force, which released
its most recent report on March 13, 2020. The report
highlighted the Department's continuous surveillance of
drinking water at military installations, its research to
develop a PFAS-free firefighting foam, its education of
healthcare providers and patients, and its study of the
health effects of PFAS exposure while providing more than
$30.0 million to the Agency for Toxic Substances and Disease
Registry to conduct exposure assessments in communities
around military installations. Additionally, the Department
is developing a framework for annually testing firefighters'
blood to document and determine potential PFAS exposure. The
conferees believe that it is inappropriate at this time to
mandate blood testing until the health services agencies of
the United States determine what PFAS blood level poses a
health risk and create a meaningful comparison to blood
samples collected from patients.
Mental health resources for members of the Armed Forces and
their dependents during the COVID-19 pandemic
The Senate amendment contained a provision (sec. 704) that
would require the Secretary of Defense to develop a plan,
within 180 days of the date of the enactment of this Act, to
protect and promote the mental health and well-being of
servicemembers and their dependents during the COVID-19
pandemic. The provision would require the Secretary to
conduct outreach to the military community to identify
resources and healthcare services, including mental
healthcare services, available under the TRICARE program to
support servicemembers and their dependents.
The House bill contained no similar provision.
The Senate recedes.
Extension of organization requirements for Defense Health
Agency
The House bill contained a provision (sec. 714) that would
amend section 1073c(e) of title 10, United States Code, to
extend the implementation date of such section to September
30, 2025.
The Senate amendment contained a similar provision (sec.
721) that would amend section 1073c(e) of title 10, United
States Code, and section 737 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) to
delay the transfer of the Army Medical Research and
Development Command (and such other medical research
organizations of the Armed Forces, as appropriate) and the
public health commands or programs of the military services
to the Defense Health Agency from September 30, 2022, to
September 30, 2024, and to correct the name of the Army
Medical Research and Development Command.
The conference agreement does not include either provision.
To prevent disruption and to preserve maximum effectiveness
of the vital medical research and development and public
health missions of the Armed Forces, the conferees considered
deferring the scheduled September 30, 2022, transfer to the
Defense Health Agency (DHA) of management responsibility for
these activities. It is the conferees' judgment, however,
that no deferral is necessary or appropriate, with the
understanding that there shall be no reduction or disruption
in the infrastructure, personnel, and resources of the
Department of Defense (DOD) currently devoted to these
essential activities. It is the conferees' intent and
direction that the transfer of such responsibilities be
implemented in this manner and that the DHA will achieve
unity of effort and more effectively advance the joint
missions of military medical research and development and
public health.
Furthermore, the primary purpose of Congress' legislative
reforms to the military health system (MHS), first passed in
the National Defense Authorization Act (NDAA) for Fiscal Year
2017 (Public Law 114-328) and followed by amendments in
subsequent NDAAs,

[[Page H6633]]

is to improve combat casualty care and medical care for
wounded, ill, and injured servicemembers--to ensure that
military medical professionals deliver the world's best
healthcare on the battlefield, at field hospitals, at sea, in
the air, in clinics, and at hospitals and medical centers
overseas and in the United States. With this legislation,
Congress also seeks to improve access to high quality health
care, to improve health outcomes, to create greater health
value, and to improve the experience of care for all patients
in the MHS.
After many months without substantive action on reform, the
services and the Office of the Secretary of Defense (OSD)
agreed upon a plan whereby the services' military treatment
facilities (MTFs) would transfer in phases to the DHA as it
stood up integrated health care markets throughout the
country. DOD submitted its final plan to Congress and began
implementation on October 1, 2018, by establishing a
transitional intermediate organization in the DHA that
assumed control of a small number of the services' MTFs to
test the plan's concept of operations. The services required
this intermediate process step, and the DHA complied. By most
accounts, the concept worked, and feedback from MTFs and
service senior installation commanders was positive. OSD and
the services then agreed to proceed with full plan
implementation using a phased approach so that the DHA could
build its full range of capabilities as it accepted more MTFs
from the services.
Recently, however, the Secretaries of the military
departments and their service chiefs sent a memorandum to the
Secretary of Defense requesting that the Secretary halt the
transition of MTFs to the DHA. The memo stated that the
current plan to transfer MTFs to the DHA was not ``viable''
because it ``introduces barriers, creates unnecessary
complexity and increases inefficiencies and cost.'' The
conferees completely disagree--the decades-old health system
with the services managing their own MTFs, and the DHA
managing DOD's purchased healthcare was replete with barriers
to high quality care, unnecessary complexity, lack of
standardization, inefficiencies, duplicative services, and
higher costs. The Deputy Secretary of Defense responded to
this memorandum by reminding the Secretaries and service
chiefs that Congress directed the reforms in law, and that
Congress had been responsive to requests by DOD for
adjustments to the law. Subsequently, the Secretary of
Defense signed a memorandum on November 9, 2020, reiterating
that the DHA ``is responsible for exercising authority,
direction, and control over each MTF and all other duties and
responsibilities identified in law.'' Therefore, the
conferees restate that DOD must continue on the path required
by law to eliminate the inefficient, stove-piped MHS
structure that inevitably leads to turf wars among the
services and the DHA, while simultaneously paralyzing
decision-making and stifling healthcare innovation. The
conferees expect that the DHA shall oversee, manage, and
direct the MHS's delivery of direct and purchased healthcare,
and the services shall focus on their man, train, and equip
title 10, United States Code, responsibilities.
Moreover, the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) and subsequent reforms have
focused on increasing the effectiveness of the provision of
healthcare services across the MHS and the TRICARE program.
The intent was to provide high quality, safe healthcare to
servicemembers and other beneficiaries by increasing
innovation, eliminating variations in healthcare delivery,
and cutting inefficiencies. As part of the Department's
effort to eliminate inefficiencies, DOD implemented a number
of cost savings initiatives after some analysis and
assessment of risk to the MHS. These efforts have yielded $8
billion in cost avoidance in fiscal year 2020 alone and tens
of billions of dollars in savings over the last 5 years. Yet,
DOD's Office of Cost Assessment and Program Evaluation
continues to demand efficiency wedges and cost savings from
the Defense Health Program based on its internal goals and
seemingly poor understanding of the negative effect that
imposed cuts may have on the readiness of servicemembers, the
health of all beneficiaries, and the MHS as a whole.
Therefore, the conferees stress that efforts to achieve
cost savings in the MHS should be guided by strategic intent,
objective data, and thoughtful analysis that contemplates the
entire military healthcare ecosystem and prioritizes the
needs of provider readiness in support of the National
Defense Strategy and the healthcare needs of servicemembers
and other beneficiaries. These considerations should include
thorough analysis of the value created by investment in
research, public health, training, education, infrastructure,
and civilian partnerships, and the commensurate positive
effect on providing world-class healthcare in a myriad of
settings to include the battlefield, disaster relief or
humanitarian assistance operations, a pandemic, occupational
health screenings, physical examinations, and routine well-
baby checkups.
Maintenance of certain medical services at military medical
treatment facilities at service academies
The House bill contained a provision (sec. 719) that would
amend section 1073d of title 10, United States Code, to
require the Secretary of Defense to ensure the provision of
certain medical services at military medical treatment
facilities of the service academies unless such services are
available at a civilian health care facility within 5 miles
of the academies.
The Senate amendment contained no similar provision.
The House recedes.
Authority of Secretary of Defense to waive requirements
during national emergencies for purposes of the provision
of health care
The Senate amendment contained a provision (sec. 723) that
would amend chapter 55 of title 10, United States Code, to
authorize the Secretary of Defense to waive or modify the
requirements of such chapter, or any regulation prescribed
under such chapter, for a period of 60 days for services
furnished by a health care provider (or class of providers)
in an emergency area (or portion of such area) during an
emergency period (or portion of such period). The provision
would authorize the Secretary to renew any such waiver or
modification for subsequent 60-day periods during an
applicable emergency declaration. Additionally, the provision
would require the Secretary to submit to the Committees on
Armed Services of the Senate and the House of
Representatives, at least 2 days before exercising a waiver
or modification, a certification and advance written notice
that describes the impact and duration of the waiver or
modification. Finally, the provision would require the
Secretary to submit a report to the same committees on the
use of this authority within 1 year of the end of an
emergency period during which the Secretary exercised this
authority.
The Senate amendment also contained a provision (sec. 5723)
that would cause section 723 and the amendments made by that
section to have no force or effect.
The House bill contained no similar provisions.
The Senate recedes.
Provision of information regarding COVID-19 in multiple
languages
The House bill contained a provision (sec. 725) that would
require the Secretary of Defense to translate COVID-19
pandemic information in multiple languages and to make such
information available to the public.
The Senate amendment contained no similar provision.
The House recedes.
Study of substance use disorders among members of the Armed
Forces and veterans during the COVID-19 public health
emergency
The House bill contained a provision (sec. 726) that would
require the Secretary of Defense and the Secretary of
Veterans Affairs to conduct a study on substance use
disorders among servicemembers and veterans before and during
the COVID-19 public health emergency.
The Senate amendment contained no similar provision.
The House recedes.
The conferees acknowledge that substance abuse, the harmful
use of alcohol or illicit drugs, is incompatible with
military readiness and the expected high standards of
military performance and discipline. The Department of
Defense (DOD) has longstanding policies and practices to
prevent and address problematic substance abuse among
military personnel. DOD identifies at-risk substance abuse
early through regular and systematic medical screening, and
when discovered, it provides evidence-based substance use
disorder therapies, while adhering to clinical practice
guidelines published by a DOD-Veterans Affairs task force and
accredited professional organizations specializing in those
disorders. The conferees expect DOD to collaborate fully with
the Department of Veterans Affairs to ensure that
servicemembers and veterans with substance use disorders
continue to receive appropriate treatment so that they can
maintain successful, healthy lives in the future.
Clarification of research under Joint Trauma Education and
Training Directorate and inclusion of military working
dogs
The House bill contained a provision (sec. 733) that would
amend subsection (b) of section 708 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
to clarify research under the Joint Trauma Education and
Training Directorate by inclusion of military working dogs to
inform and advise research on the leading causes of morbidity
and mortality of servicemembers and working dogs in combat.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are aware that the Joint Trauma System of the
Defense Health Agency has established a framework to support
research and development of a trauma registry for military
working dogs. The conferees direct the Director of the
Defense Health Agency to brief the Committees on Armed
Services of the Senate and the House of Representatives,
within 90 days of the date of the enactment of this Act, on
the Department of Defense's plans to develop, implement, and
resource such registry.
Information sharing by Secretary of Defense regarding
prevention of infant and maternal mortality
The House bill contained a provision (sec. 735) that would
authorize the Secretary of Defense to enter into memoranda of
understanding with state and local health authorities to
share practices and lessons learned by the military health
system for the prevention of infant and maternal mortality.
The Senate amendment contained no similar provision.

[[Page H6634]]

The House recedes.
The conferees encourage the Department of Defense to share
the best practices of the military health system with state
and local health authorities for the prevention of infant and
maternal mortality.
Grant program for increased cooperation on post-traumatic
stress disorder research between the United States and
Israel
The House bill contained a provision (sec. 736) that would
require the Secretary of Defense, in coordination with the
Secretary of Veterans Affairs and the Secretary of State, to
award grants to eligible entities to conduct collaborative
post-traumatic stress disorder research between the United
States and Israel.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize the strategic importance of the
United States-Israel bilateral relationship to the national
security of both countries. The conferees believe this
relationship can be further strengthened through scientific
collaboration among the Department of Defense, American
academic institutions, U.S. non-profit research
organizations, and Israeli institutions with experience in
the research, diagnosis, and treatment for post-traumatic
stress disorder (PTSD).
The National Center for PTSD of the Department of Veterans
Affairs has published data to show that 11 to 20 percent of
veterans who served in Operations Iraqi Freedom and Enduring
Freedom suffer from PTSD in a given year. This relatively
high percentage of PTSD occurrence in veterans demonstrates
the need to continue vital research to promote the
development of enhanced diagnostics and therapeutics for this
disorder. Additionally, the conferees recognize important
Israeli contributions in the advancement of certain
modalities for the diagnosis and treatment of military
trauma, infectious diseases, and traumatic brain injury
(TBI). Therefore, the conferees direct the Secretary of
Defense to brief the Committees on Armed Services of the
Senate and the House of Representatives, within 180 days of
the date of the enactment of this Act, on military health
research collaboration between the United States and Israel
on military trauma care, infectious disease surveillance and
treatment, PTSD diagnostics and treatment, and TBI
diagnostics and treatment.
Pilot program on cryopreservation and storage
The House bill contained a provision (sec. 737) that would
require the Secretary of Defense to establish a pilot program
to provide not greater than 1,000 Active-Duty servicemembers
with the opportunity to cryopreserve and store their gametes
(sperm or unfertilized eggs) at no cost to the member prior
to deployment to a combat zone. The duration of covered
storage would extend until 1 year after the retirement,
separation, or release of the member from the Armed Forces.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide a
briefing, not later than 180 days after the date of the
enactment of this Act, to the Committees on Armed Services of
the Senate and the House of Representatives on the
feasibility of implementing a gamete cryopreservation pilot
program. The briefing shall include: (1) An assessment of the
nature and extent of genitourinary system injuries among
servicemembers as a result of deployments to combat zones and
the impact on such servicemembers' ability to conceive
naturally; (2) The potential cost of implementing the
program; (3) A description of how the military departments
would implement and fund the program; (4) A thorough
explanation of any legal issues the conferees should consider
regarding implementation of the program; and (5) The
potential accretion of benefits to servicemembers.
Pilot program on parents serving as certified nursing
assistants for children under TRICARE Program
The House bill contained a provision (sec. 738) that would
require the Director of the Defense Health Agency to conduct
an 18-month pilot program whereby an eligible parent would
serve as a certified nursing assistant under the TRICARE
Program to provide personal care services to a covered child.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to evaluate
the feasibility and cost of establishing such pilot program
and to brief the Committees on Armed Services of the Senate
and the House of Representatives on the results of that
evaluation within 180 days of the date of the enactment of
this Act.
Report on costs and benefits of allowing retired members of
the Armed Forces to contribute to health savings accounts
The House bill contained a provision (sec. 741) that would
require the Assistant Secretary of Defense for Health Affairs
to submit a report to the congressional defense committees
not later than 180 days after the date of the enactment of
this Act on the costs and benefits of allowing retired
members of the Armed Forces to make contributions to a health
savings account.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note military retirees and their families
receive generous healthcare benefits that result in
relatively low out-of-pocket costs. Health Savings Accounts
(HSA) may be attractive to a small number of military
retirees who have a high deductible health plan provided
through a civilian employer. But an HSA option would also
incur significant costs, which would include lost tax revenue
and administration fees.
Therefore, the conferees direct the Under Secretary of
Personnel and Readiness to provide a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives by March 1, 2021 on the potential costs and
benefits of providing servicemembers with the option to
contribute to an HSA.
Report on Integrated Disability Evaluation System
The House bill contained a provision (sec. 744) that would
require the Secretary of Defense, within 1 year of the date
of the enactment of this Act, to submit a report to Congress
on the findings of a study of the implementation and
application of the Integrated Disability Evaluation System
(IDES).
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to brief the
Committees on Armed Services of the Senate and the House of
Representatives, within 180 days of the date of the enactment
of this Act, on the implementation and application of the
IDES. The briefing shall include the following:
(1) All changes to policies and procedures applicable to
the implementation of IDES from the previous disability
evaluation system;
(2) The extent to which IDES is the primary means for
servicemembers to process through the disability evaluation
system;
(3) The extent to which the Defense Health Agency and the
military departments coordinate on servicemembers' treatment,
medical evaluation board (MEB) referrals, convening authority
appointment and MEB staffing, sharing medical documentation
with a MEB, evaluation of servicemembers' initial or
subsequent limited duty status, and MEB referral to a
physical evaluation board;
(4) The process for servicemembers to request an impartial
medical review or to rebut MEB findings and the criteria a
MEB convening authority applies when considering such
requests; and
(5) The average time to process IDES cases by phase and
stage for active and reserve component servicemembers.
Antimicrobial stewardship staffing at medical treatment
facilities of the Department of Defense
The House bill contained a provision (sec. 746) that would
require the Secretary of Defense, within 90 days of the date
of the enactment of this Act, to establish antimicrobial
staffing and diagnostics recommendations to improve
antimicrobial stewardship programs. The provision would
require the Secretary to consult with the Centers for Disease
Control and Prevention (CDC) and relevant medical societies
on development of the recommendations and to submit an
implementation plan for carrying out the recommendations to
the Committees on Armed Services of the Senate and the House
of Representatives within 180 days of the date of the
enactment of this Act.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that section 727 of the National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291)
required the Department of Defense (DOD) to establish an
antimicrobial stewardship program (ASP) at all military
medical treatment facilities (MTFs). Since then, DOD has
published policy documents that provide structure for
implementation and standardization of ASPs. MTFs participate
in the CDC's National Healthcare Safety Network (NHSN)
Antimicrobial Use and Resistance module and regularly submit
data to it. In 2016, DOD directed the multi-drug resistant
organism (MDRO) Repository and Surveillance Network (MRSN) to
expand its collection of microorganism isolates to include
all MTFs. DOD now has over 82,000 isolates in the MRSN, and
it provides a 48-hour processing time for sequencing isolates
from a suspected outbreak investigation. In June 2020, MRSN
began real-time MDRO surveillance in 12 high-volume MTFs to
provide highly accurate and timely detection of outbreaks
caused by MDROs across DOD's hospital networks and to assist
in identifying trends in anti-microbial resistance at the MTF
level. Moreover, DOD policy requires employees on MTF staffs
dedicated to antibiotic stewardship monitoring. From these
efforts, it is clear to the conferees that DOD has
effectively implemented a rigorous ASP throughout its direct
care health system.
Report on chiropractic care for dependents and retirees under
the TRICARE program
The House bill contained a provision (sec. 747) that would
require the Director of the Defense Health Agency to submit a
report to the congressional defense committees, within 1 year
of the date of the enactment of this Act, on the feasibility,
efficacy, and cost to expand chiropractic care services to
certain TRICARE beneficiaries.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense has
discussed plans to expand coverage of such services to
TRICARE beneficiaries. The conferees direct the Director of

[[Page H6635]]

the Defense Health Agency to brief the Committees on Armed
Services of the Senate and the House of Representatives, not
later than 180 days after the date of the enactment of this
Act, on the expected date of coverage of such services, if
determined feasible by the Department.
Funding for pancreatic cancer research
The House bill contained a provision (sec. 749) that would
increase funding for pancreatic cancer research conducted by
the Department of Defense.
The Senate amendment contained no similar provision.
The House recedes.
Plan for evaluation of flexible spending account options for
members of the uniformed services and their families
The Senate amendment contained a provision (sec. 750) that
would require the Secretary of Defense to submit, by March 1,
2021, to the congressional defense committees a plan to
evaluate flexible spending account options that allow pre-tax
payment of health and dental insurance premiums, out-of-
pocket health care expenses, and dependent care expenses for
members of the uniformed services.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that while flexible spending accounts
may be attractive to some military families, there are also
significant costs associated with providing such a benefit.
Therefore, the conferees direct the Under Secretary of
Personnel and Readiness to provide a briefing to the
Committees on Armed Services of the Senate and the House
of Representatives by March 1, 2021 on the potential costs
and benefits of providing servicemembers with the option
to contribute to a pre-tax flexible spending account.
Report on cost of extending TRICARE coverage to individuals
participating in Health Professions Scholarship and
Financial Assistance Program
The House bill contained a provision (sec. 750A) that would
require the Secretary of Defense, within 120 days of the date
of the enactment of this Act, to submit a report to the
congressional defense committees containing an analysis of
the cost of providing health care benefits under the TRICARE
program to individuals participating in the Health
Professions Scholarship Program (HPSP) and the Financial
Assistance Program (FAP).
The Senate amendment contained no similar provision.
The House recedes.
Since HPSP and FAP recipients are not military
servicemembers, the conferees do not expect the Department of
Defense to provide health care coverage for such recipients.
The conferees encourage HPSP and FAP recipients to enroll at
their own expense in health plans sponsored by their academic
institutions.
Report on health care records of dependents who later seek to
serve as a member of the Armed Forces
The House bill contained a provision (sec. 750B) that would
require the Secretary of Defense, within 180 days of the date
of the enactment of this Act, to submit a report to the
congressional defense committees on use by the military
departments of health care records of individuals who are
dependents or former dependents of servicemembers with
respect to such individuals later serving or seeking to serve
as members of the Armed Forces.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that House Committee Report accompanying
H.R. 6395 (H. Rept. 116-442) of the National Defense Act for
Fiscal Year 2021, page 154, directs the Secretary of Defense
to provide a comprehensive report to the Committees on Armed
Services of the Senate and the House of Representatives by
January 31, 2021, that provides data related to military
accession standards and mental health care for individuals
seeking accession into the Armed Forces. This report would
also specify the overall number of potential enlistees
designated as military dependents who were disqualified for
accession because of a mental health condition.
Briefing on extension of TRICARE Prime to eligible
beneficiaries in Puerto Rico and other United States
territories
The House bill contained a provision (sec. 750C) that would
require the Secretary of Defense, within 90 days of the date
of the enactment of this Act, to provide a briefing to the
congressional defense committees on the feasibility,
benefits, and costs to extend enrollment in TRICARE Prime to
eligible beneficiaries in Puerto Rico and other United States
territories.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense provided
a similar report in response to a requirement in the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232).
Funding for post-traumatic stress disorder
The House bill contained a provision (sec. 750D) that would
increase funding for post-traumatic stress disorder.
The Senate amendment contained no similar provision.
The House recedes.
Increased collaboration with NIH to combat triple negative
breast cancer
The House bill contained a provision (sec. 750E) that would
require the Department of Defense to work in collaboration
with the National Institutes of Health to identify specific
biomarkers and to provide information useful in drug
discovery and clinical trials design to combat triple
negative breast cancer.
The Senate amendment contained no similar provision.
The House recedes.
Study on readiness contracts and the prevention of drug
shortages
The House bill contained a provision (sec. 750F) that would
require the Secretary of Defense to conduct a study on the
effectiveness of readiness contracts managed by the Defense
Logistics Agency (DLA) to meet the drug supply requirements
of the military and to analyze whether the contractual
approach used by DLA could serve as a model for the civilian
health market in the United States.
The Senate amendment contained no similar provision.
The House recedes.
Findings and sense of Congress on musculoskeletal injuries
The House bill contained a provision (sec. 750G) that would
describe findings and express a sense of Congress on
musculoskeletal injuries among members of the Armed Forces.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that Senate Report accompanying S. 4049
(S. Rept. 116-236) of the National Defense Authorization Act
for Fiscal Year 2021, page 234, encourages the Secretary of
Defense to carry out a program on musculoskeletal injury
prevention research to identify risk factors for such
injuries among servicemembers. The conferees recognize the
important work being done by the Naval Advanced Medical
Research Unit in Wound Care Research and the Army Holistic
Health and Fitness Program to conduct such research, and the
conferees support additional research efforts to prevent
musculoskeletal injuries among servicemembers.
Sense of Congress regarding maternal mortality review
The House bill contained a provision (sec. 750I) that would
express a sense of Congress on maternal mortality and
encourage the Department of Defense to establish a maternal
mortality review committee to review each death of a
servicemember or dependent during pregnancy or childbirth.
The Senate amendment contained no similar provision.
The House recedes.
Study on joint deployment formulary
The House bill contained a provision (sec. 750L) that would
require the Secretary of Defense, within 270 days of the date
of the enactment of this Act, to submit a report to the
appropriate congressional defense committees on the joint
deployment formulary.
The Senate amendment contained no similar provision.
The House recedes.
The conferees agree to include certain elements of this
provision in another section of this Act.
Pilot program on sleep apnea among new recruits
The House bill contained a provision (sec. 756) that would
require the Secretary of Defense, acting through the Defense
Health Agency, to conduct a pilot program to determine the
prevalence of sleep apnea among servicemembers assigned to
initial entry training.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide a
briefing to the Committees on Armed Services of the Senate
and the House of Representatives, within 180 days of the date
of the enactment of this Act, on any medical accession
waivers provided by the military departments to potential
enlistees for sleep apnea.
Report on research and studies on health effects of burn pits
and mandatory training on health effects of burn pits
The House bill contained a provision (sec. 757) that would
require the Secretary of Defense to submit a report to the
congressional defense committees and the Committees on
Veterans Affairs of the Senate and the House of
Representatives on the status, methodology, and culmination
timeline of research and studies on the health effects of
burn pits.
The House bill also contained a provision (sec. 758) that
would require the Secretary of Defense to provide training on
the potential health effects of burn pits to each medical
provider in the Department of Defense.
The Senate amendment contained no similar provisions.
The House recedes.
The conferees direct the Secretary of Defense to provide a
briefing, within 180 days of the date of the enactment of
this Act, to the Committees on Armed Services of the Senate
and the House of Representatives on the Department of
Defense's research and studies conducted on the health
effects of burn pits and to provide a description of the
training provided to military medical treatment facility
providers on the potential adverse health effects of burn
pits.

[[Page H6636]]

Expansion of scope of Department of Veterans Affairs open
burn pit registry to include open burn pits in Egypt and
Syria
The House bill contained a provision (sec. 760) that would
amend section 201(c)(2) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public 112-260)
to expand the scope of the Department of Veterans Affairs'
open burn pit registry to include open burn pits in Egypt
and Syria.
The Senate amendment contained no similar provision.
The House recedes.
Pilot program on treatment of certain members of the Armed
Forces impacted by traumatic brain injury and other
associated health factors that influence long-term brain
health and performance
The House bill contained a provision (sec. 761) that would
authorize the Secretary of Defense, within 180 days of the
date of the enactment of this Act, to conduct a pilot program
to award grants to carry out a comprehensive brain health and
treatment program for servicemembers impacted by traumatic
brain injury (TBI) and other factors that influence long-term
brain health and performance.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that since 2001 the Department of
Defense has spent over $2.2 billion on important TBI research
that has led to breakthroughs in understanding the long-term
effects of mild TBI on brain health. The conferees encourage
the Department to continue research on TBI in partnership
with civilian institutions, which may include longitudinal
studies on long-term brain health and performance.
Study and report on surge capacity of Department of Defense
to establish negative air room containment systems in
military medical treatment facilities
The Senate amendment contained a provision (sec. 5741) that
would require the Director of the Defense Health Agency to
conduct a study on the use, scalability, and military
requirements for commercial off-the-shelf negative air
pressure room containment systems to improve pandemic
preparedness at military medical treatment facilities.
The House bill contained no similar provision.
The Senate recedes.

Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters

Subtitle A--Acquisition Policy and Management

Report on acquisition risk assessment and mitigation as part
of Adaptive Acquisition Framework implementation (sec.
801)
The Senate amendment contained a provision (sec. 831) that
would require the Service Acquisition Executives to identify
how they are assessing certain risks in acquisition programs
under the new Adaptive Acquisition Framework.
The House bill contained no similar provision.
The House recedes with a technical/clarifying amendment.
The conferees continue to appreciate the careful
consideration paid by the Department of Defense to its
Adaptive Acquisition Framework, which implements the
acquisition reforms legislated over the last 5 years. The
conferees believe that the Service Acquisition Executives
play important roles as portfolio managers and in executing
programs delegated by the Under Secretary of Defense for
Acquisition and Sustainment. The conferees believe that the
Department of Defense can no longer afford to use cost,
schedule, and performance thresholds as simple proxies for
risk when determining the path that an acquisition program
travels through the Defense Acquisition System and in
organizing how programs are managed and overseen. Exclusive
attention to cost, schedule, and performance of major defense
acquisition programs and other development programs obscures
myriad other risks in programs, large and small, any one of
which could be single points of failure for successful
acquisitions. Given the role that the Service Acquisition
Executives play in portfolio and program management, the
conferees believe their insights to be valuable in shaping
overall acquisition policy.
Improving planning, execution, and oversight of life cycle
sustainment activities (sec. 802)
The House bill contained a provision (sec. 803) that would
specify the required elements of life cycle sustainment
plans; require the Secretary of Defense to review each major
weapon system's life cycle sustainment plan prior to
Milestone C approval and periodically thereafter; and direct
the Secretary of Defense to notify the congressional defense
committees of a significant or critical breach of a major
weapon system's baseline sustainment cost estimate, among
other things.
The Senate amendment contained a similar provision (sec.
862) that would amend section 2441 of title 10, United States
Code, by directing the Secretary of each military department
to conduct sustainment reviews on an annual basis and to
report certain information resulting from such reviews to the
Congress and the public, including information about
sustainment cost growth on the Department's most expensive
weapon systems. The provision would also require the
Comptroller General of the United States to assess the steps
the military departments are taking to quantify and address
sustainment cost growth.
The Senate recedes with an amendment that would modify
sections 2337, 2366b, and 2441 of title 10, United States
Code, to improve the Department of Defense's planning,
execution, and oversight of life cycle sustainment activities
for covered systems. The amendment would define the required
elements of a life cycle sustainment plan; assign product
support managers responsibility for developing, updating, and
executing life cycle sustainment plans; require milestone
decision authorities to approve life cycle sustainment plans
before Milestone B; modify reporting requirements for
sustainment planning in Milestone B certifications; and
direct the Secretary of each military department to conduct
sustainment reviews every 5 years and submit such reviews to
the congressional defense committees, along with a
remediation plan to reduce sustainment cost growth, as
appropriate. The amendment would also direct the Secretary of
Defense to report to the congressional defense committees on
the Department's sustainment planning processes for non-major
defense acquisition programs.
The conferees remain concerned about the Department of
Defense's lack of sustainment planning during the acquisition
process and its ongoing challenges managing sustainment cost
growth on fielded systems. The conferees note that while the
amended provision is focused on improving sustainment for
major defense acquisition programs and certain middle tier
acquisitions, other types of acquisition programs, such as
large information technology services contracts and software
acquisitions, also face sustainment challenges. The conferees
intend to monitor the Department's progress in improving
sustainment outcomes, including the extent to which
sustainment planning is carried out under each of the
pathways in the Department's new Adaptive Acquisition
Framework.
Disclosures for offerors for certain shipbuilding major
defense acquisition program contracts (sec. 803)
The Senate amendment contained a provision (sec. 864) that
would require disclosures for certain shipbuilding major
defense acquisition program offers.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Implementation of modular open systems approaches (sec. 804)
The Senate amendment contained a provision (sec. 861) that
would require that not later than 1 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 under
the supervision of the Department of Defense (DOD) Chief
Information Officer and the Joint Staff Director for Command,
Control, Communications, and Computer/Cyber, shall prescribe
regulations and issue guidance to the military services,
Defense agencies and field activities, and combatant
commands, as appropriate. The required regulations and
guidance would
(1) Facilitate the Department of Defense's access to and
utilization of modular system interfaces;
(2) 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 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; and
(3) Advance the Department's efforts to generate diverse
and recomposable kill chains.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees' intent is to expand the use of modularity in
the design of weapons systems, as well as business systems
and cybersecurity systems, to more easily enable competition
for upgrades as well as sustainment throughout a product's
lifecycle, while protecting the proprietary intellectual
property embodied within the modules of modular systems.
Modularity is especially important to enhance
interoperability and to support combining and recombining
systems in novel and surprising ways to achieve the vision of
joint all-domain warfare and the emerging joint warfighting
concept. To achieve these objectives, Government use rights
for interfaces are indispensable. Modular systems with
interfaces designed to common standards improve
interoperability. The conferees are also highly encouraged by
serious, sustained initiatives by the military departments to
develop standards, through public-private consortia, such as
the Air Force Open Mission Systems and the Navy's Future
Airborne Capability Environment. The enthusiastic embrace of
the Joint All Domain Command and Control initiative by all of
the military departments and senior DOD civilian leadership
demonstrates a welcome and unprecedented commitment to
joint warfare.
The conferees note, however, that prior efforts to adopt
universal standards both within and across the military
services have failed to achieve comprehensive
interoperability. Adoption rates of standards invariably lag,
and technology advances require

[[Page H6637]]

changes in standards that result in backwards
incompatibilities. Even if the new initiatives proposed
within the DOD research and engineering community overcome
these problems, incompatible interfaces will remain numerous
for many years to come, hampering joint, multi-domain
operations. The Defense Advanced Research Projects Agency
(DARPA) developed, rigorously tested, and repeatedly
demonstrated technology to auto-generate code to enable full
interoperability across interfaces not built to any standard
once they have been appropriately defined and characterized
in machine-readable formats. DARPA has executed more than a
dozen real-world demonstrations (called ``gauntlets'') of
this technology that appear to show that the cost is minimal
and that the time required to achieve interoperability
between previously incompatible systems is measured in hours
and days, not months and years. These demonstrations further
indicate that interoperability between systems can be
engineered in the field by Government personnel. DARPA's
tests and field demonstrations to date indicate that this
technology does not introduce latencies or otherwise
constrain performance, in contrast to so called
``translation'' approaches to interface interoperability. The
conferees are interested in further examination of the DARPA
interoperability technology and the provision requires the
Department to conduct additional demonstrations.
Finally, the conferees emphasize that the provision does
not mandate the operational deployment and use of DARPA
technology, nor does it in any way limit or constrain the
development, use, or adoption of interface standards.
Congressional notification of termination of a middle tier
acquisition program (sec. 805)
The House bill contained a provision (sec. 801) that would
modify section 804 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note)
to direct the Secretary of Defense to provide notification to
the congressional defense committees 30 days after a program
is terminated that used the `middle tier' of acquisition
authority.
The Senate amendment contained no similar provision.
The Senate recedes.
Definition of material weakness for contractor business
systems (sec. 806)
The House bill contained a provision (sec. 804) that would
replace the term `significant deficiency' and its definition
in section 893 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383)
with the term `material weakness' and its definition, as
established by generally accepted auditing standards.
The Senate amendment contained a similar provision (sec.
845).
The House recedes with an amendment that would further
align the definition of `material weakness' used to evaluate
contractor business systems with generally accepted auditing
standards.
The conferees note that the Section 809 Panel's `Report of
the Advisory Panel on Streamlining and Codifying Acquisition
Regulations' recommended this terminology change after
finding the Department of Defense's definition of
`significant deficiency' was inconsistent with the two-tiered
characterization of internal control deficiencies used in
generally accepted auditing standards. The conferees are
aware this definitional inconsistency has caused confusion
about the seriousness of deficiencies identified in
contractor business systems. The conferees believe that
implementing the two-tiered categorization of deficiencies
established by generally accepted auditing standards will
allow the Department to maintain appropriate oversight over
contractor business systems, while taking a more nuanced
approach to classifying contractor business system
deficiencies according to their severity.
In implementing this provision in the Defense Federal
Acquisition Regulation Supplement, the conferees direct the
Secretary of Defense to ensure definitions for associated
terms are also updated or incorporated as appropriate and in
line with generally accepted auditing standards, including:
`significant deficiency,' `material misstatement,' and
`acceptable contractor business system.'
Space system acquisition and the adaptive acquisition
framework (sec. 807)
The House bill contained a provision (sec. 807) that would
allow the Secretary of the Air Force to assign an appropriate
program executive officer as the milestone decision authority
for major defense acquisition programs of the United States
Space Force.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment regarding
milestone decision authority delegation and requires the
Secretary of Defense to submit to the congressional defense
committees a report on the application of the Adaptive
Acquisition Framework to space systems.
Acquisition authority of the Director of the Joint Artificial
Intelligence Center (sec. 808)
The House bill contained a provision (sec. 805) that would
authorize the Director of the Joint Artificial Intelligence
Center with responsibility for the development, acquisition,
and sustainment of artificial intelligence technologies,
services, and capabilities through fiscal year 2025.
The Senate amendment contained no similar provision.
The Senate recedes with edits to the details of the
authority.
Assessments of the process for developing capability
requirements for Department of Defense acquisition
programs (sec. 809)
The House bill contained a provision (sec. 846) that would
require the Secretary of each military department to conduct
an assessment of the process for developing capability
requirements for acquisition programs and to each submit a
report by March 31, 2021, with recommendations to improve the
agility and timeliness of that process.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
technical and conforming changes.
The conferees believe the Department's requirements
generation processes, as established under Chairman of the
Joint Chiefs of Staff Instruction 5123.01H, pertaining to the
Joint Capabilities Integration and Development System, and
the associated manual, face many challenges. The conferees
note that recent reforms to shift authority for certain
acquisition and requirements development decisions to the
military departments have placed increasing importance on the
efficiency and effectiveness of the military departments'
development of capability requirements. However, the
conferees are concerned that the military departments'
processes for developing capability requirements, including
the extent to which they are aligned with the Department's
acquisition and budgeting processes, continue to hinder the
completion of timely, realistic, and achievable requirements
for acquisition programs. Moreover, the conferees believe
that recent efforts to implement the Department's adaptive
acquisition framework call for a new look at how requirements
are generated within each of the acquisition pathways in this
framework (including major capability acquisition, middle
tier of acquisition, software acquisition, and the
acquisition of services, among others) to the benefit of the
defense acquisition system. Some of the Department's
challenges are well-described in the MITRE Corporation's
March 2020 report, titled ``Modernizing DOD Requirements
Enabling Speed, Agility, and Innovation,'' in particular the
additional time it takes to produce validated requirements
for an acquisition program. The conferees note the report's
recommendations accord with the idea underpinning the
Department's Adaptive Acquisition Framework. Notwithstanding
the conferees' direction elsewhere in this Act regarding the
Department's incorporation of certain elements in finalizing
its interim Software Acquisition Pathway, and in carrying out
the activities under this section, the conferees direct the
Secretary of Defense to consider the recommendations of the
MITRE Corporation's report and to include views on the report
in its report to the congressional defense committees, along
with rationales for why such recommendations could not be
implemented if they are determined to be unsuitable.

Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations

Sustainment reform for the Department of Defense (sec. 811)
The House bill contained a provision (sec. 811) that would
amend section 113 of title 10, United States Code, pertaining
to the National Defense Strategy, to add a requirement to
develop a strategic framework for prioritizing and
integrating activities relating to sustainment of major
defense acquisition programs. The provision would also amend
section 133 of title 10, United States Code, to expand
responsibilities of the Under Secretary of Defense for
Acquisition and Sustainment to include those pertaining to
major defense acquisition programs, logistics, and the
national technology and industrial base.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add a
second strategic framework to the National Defense Strategy
under section 113, relating to contested logistics, and would
further expand the Under Secretary's responsibilities under
section 133 to be applicable to all acquisition programs.
The conferees note with concern that the Department of
Defense systemically fails to address sustainment planning
for defense acquisition programs in a sufficient manner,
which too often results in significant cost growth during the
sustainment phase of the life cycle, of these systems where
70 percent of the costs occur.
The conferees urge the Department to increase its emphasis
on delivering joint contested logistics capabilities to
support the combatant commands, particularly where there are
interdependencies between the armed services. The conferees
continue to be concerned that the Department continues to
emphasize lethality at the expense of the key force
projection and sustainment capabilities required to support
great power competition.
Inclusion of software in Government performance of
acquisition functions (sec. 812)
The Senate amendment contained a provision (sec. 881) that
would include software in government performance of
acquisition functions.
The House bill contained no similar provision.

[[Page H6638]]

The House recedes with an amendment that would limit the
scope of the provision to any acquisition program exceeding
the cost level equivalent to a major defense acquisition
program, or other programs identified by the Secretary of
Defense.
The conferees direct the Under Secretary of Defense for
Acquisition and Sustainment to provide a briefing by March 1,
2021, to the Committees on Armed Services of the Senate and
the House of Representatives detailing how the Department of
Defense complies with section 1706 of title 10, United States
Code, including a presentation of data on the extent to which
the goal in subsection (a) is met and the implications for
resource requirements, as well as a description of the
strategic management and resourcing decisions involved in
planning for recruiting, training, and career development of
military and civilian employees listed in subsection (a).
Modifications to Comptroller General assessment of
acquisition programs and related initiatives (sec. 813)
The House bill contained a provision (sec. 812) that would
amend section 2229b(b)(2) of title 10, United States Code, to
allow the Comptroller General of the United States to include
key analysis of organizational, policy, and legislative
changes at the Department of Defense that predate its most
recent annual assessment.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note that the Senate amendment contained a
provision (sec. 832) which, among other things, included a
subsection (sec. 832(d)) that provided similar permission to
the Comptroller General.
Cost or pricing data reporting requirements for Department of
Defense contracts (sec. 814)
The Senate amendment contained a provision (sec. 842) that
that would modify section 2306a of title 10, United States
Code, by establishing a standard $2.0 million threshold for
application of the requirements of the Truthful Cost or
Pricing Data statute (commonly known as the Truth in
Negotiations Act) with respect to subcontracts and price
adjustments.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to analyze the impact of this provision
and document any resulting benefits to the Government.
The conferees note that section 811 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91)
raised the applicability thresholds for section 2306a of
title 10, United States Code, limiting the requirement for
certified cost and pricing data to those contracts,
modifications, and subcontracts that exceeded those
thresholds. More recently, section 803 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92) included mechanisms to protect the Government's
interests with respect to contracts and subcontracts not
subject to requirements for certified cost or pricing data.
The Department and the military services have represented
to the conferees that the authority in this provision will
promote efficiency, improve acquisition timelines, and reduce
administrative costs associated with executing certain
contracts with lengthy periods of performance. The conferees
note that the purpose of this provision is to streamline the
administration of cost accounting, and to reduce
inefficiencies associated with the need to maintain dual
accounting systems, not to reduce governmental oversight over
contracts beneath the applicable threshold. As the Department
uses the flexibility associated with this authority, the
conferees emphasize the importance of rigorous oversight by
acquisition executives to mitigate risks of paying higher
prices that are neither fair nor reasonable.
Prompt payment of contractors (sec. 815)
The Senate amendment contained a provision (sec. 871) that
would amend contract financing law established under section
2307(a)(2) of title 10, United States Code, to strengthen the
requirement that the Department of Defense establish a goal
to pay small business contractors within 15 days of receipt
of an invoice.
The House bill contained no similar provision.
The House recedes.
The conferees note that the Defense Logistics Agency
decision in November 2019 to move from 15-day payment terms
to 30-day terms may have a detrimental effect on small
businesses' ability to continue to do business for the U.S.
Government, especially during economic downturns. The
conferees further note that modern invoicing and payment
systems should be able to support expedited review and
payment of invoices, and therefore support the Department's
efforts to leverage existing commercial systems to facilitate
the prompt payments. The conferees are aware that during the
COVID-19 pandemic, the Department of Defense has supported
its contractors by taking steps to improve the timeliness of
payments. The conferees are encouraged by these recent trends
and encourage the Department to continue such efforts.
Documentation pertaining to commercial item determinations
(sec. 816)
The House bill contained provisions (secs. 820 and 820c)
that would amend section 2380 of title 10, United States
Code, to add a requirement that contracting officers make
binding determinations on whether a particular product or
service meets the definition of a commercial product or
commercial service and that would amend section 2306a of
title 10, United States Code, to require contracting officers
to presume a previous commercial product or commercial
service determination.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would instead
allow the contracting officer to request support in making a
commercial product or a commercial service determination, as
well as require the contracting officer to document that
determination.
The conferees note that section 2380 of title 10, United
States Code, requires the Department to maintain a
centralized capability, necessary expertise, and resources to
provide assistance in making commercial product and
commercial service determinations, and to provide access to
previous commercial product and commercial service
determinations. The conferees are encouraged by the Secretary
of Defense's support for the Commercial Items Group within
the Defense Contract Management Agency, which had been
responsive to direction by section 831(b)(2) of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239) to establish such an activity. However, the
conferees note the Department has failed to fully comply with
statutory requirements and internally manage commercial
product and commercial service determinations to ensure
consistency across the Department. Therefore, the conferees
direct the Secretary of Defense to provide a briefing to the
congressional defense committees by March 1, 2021 describing
the Department's process for making the written memoranda
determination summaries available for use by contracting
officers, and the Department's plan for compliance with
commercial product and commercial service statutes.
Modification to small purchase threshold exception to
sourcing requirements for certain articles (sec. 817)
The Senate amendment contained a provision (sec. 814) that
would modify the small purchases exception included in
section 2533a of title 10, United States Code, by
establishing a threshold of $150,000, instead of basing such
exception on the simplified acquisition threshold, which is
currently set at $250,000.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Repeal of program for qualified apprentices for military
construction contracts (sec. 818)
The House bill contained a provision (sec. 817) that would
amend section 2870 of title 10, United States Code, to strike
a paragraph that defines the term ``qualified apprentice'' to
mean a high-quality apprenticeship program as determined by
industry and the Secretary of Labor.
The Senate amendment contained a similar provision (sec.
893) that would repeal section 2870 of title 10, United
States Code, in its entirety.
The House recedes.
Modifications to mitigating risks related to foreign
ownership, control, or influence of Department of Defense
contractors and subcontractors (sec. 819)
The Senate amendment contained a provision (sec. 5894) that
would modify section 847(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
by incorporating additional requirements for mitigating
risks related to foreign ownership, control, or influence.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the
Department of Defense to establish contract administration
procedures for appropriately responding to changes in
contractor or subcontractor beneficial ownership status. The
amendment would also clarify implementation timelines and
correct a reference to existing law.
Contract closeout authority for services contracts (sec. 820)
The House bill contained a provision (sec. 818) that would
amend section 836 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) by reducing the
contract closeout period for service contracts from 17 years
to 7 years, but no less than the Federal Acquisition
Regulation's record retention requirements. The House
provision would also direct the Secretary of Defense to
establish and maintain a centralized contract closeout
oversight capability within the Defense Contract Management
Agency (DCMA).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would expand the
scope of contracts covered by the provision and further
modify contract closeout timeframes. The Senate amendment
would also clarify direction regarding DCMA's role in
conducting oversight of contract closeout activities.
Specifically, the conferees note that contract closeout
responsibilities are dispersed among many organizations
within the Department of Defense, but that the DCMA has
particular expertise in carrying out such activities. The
conferees therefore encourage other offices within the
Department of Defense to leverage DCMA's expertise, as
appropriate.

[[Page H6639]]

Revision of proof required when using an evaluation factor
for employing or subcontracting with members of the
Selected Reserve (sec. 821)
The Senate amendment contained a provision (sec. 843) that
would modify section 819 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163)
to remove a documentation requirement that is unnecessary
given the solicitation requirements established under subpart
15.203 of the Federal Acquisition Regulation.
The House bill contained no similar provision.
The House recedes.

Subtitle C--Provisions Relating to Software and Technology

Contract authority for development and demonstration of
initial or additional prototype units (sec. 831)
The Senate amendment contained a provision (sec. 844) that
would enhance an authority previously provided to the
Department of Defense to streamline the process for moving
technologies from science and technology into production by
permitting activities to be performed under the same contract
as the technology is matured.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the
Secretary of Defense to establish procedures for assessing
the use of the authority.
The conferees note that this proposal would help to
implement the National Defense Strategy as a reform effort to
enable greater performance and affordability, capability
delivery at the speed of relevance, and rapid, iterative
approaches from development to fielding. The conferees direct
the Secretary of Defense to report by March 31, 2021, on the
use of the authority under 10 U.S.C. 2302e.
Extension of pilot program for streamlined awards for
innovative technology programs (sec. 832)
The Senate amendment contained a provision (sec. 872) that
would extend by 3 years the authorization of a pilot program
to streamline contracting and auditing processes for certain
innovative technology projects carried out by small
businesses.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
pilot program until 2022.
The conferees note that this authority has the potential to
accelerate the awards of Small Business Innovation Research
contracts and other contracts to innovative non-traditional
defense contractors. The conferees direct the Secretary of
Defense to provide a briefing no later than March 1, 2021 on
the use and benefits of this authority and a recommendation
on the extension or permanent authorization of the pilot
program. The conferees expect the briefing to include a
description of the mechanisms by which the Department is
collecting data and analyzing the benefits of the authority
and the best practices for its use. The conferees note that
unless the Department collects data and demonstrates the
value of authorities that enable streamlined acquisition
practices, the conferees are unlikely to extend such
authorities in the future.
Listing of other transaction authority consortia (sec. 833)
The Senate amendment contained a provision (sec. 5891) that
would require the Department of Defense to publish on
Beta.SAM.gov (or any successor system) a list of the
consortia it uses to make awards under other transaction
authority.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees note the limited information available on the
Department of Defense's use of consortia for other
transaction awards. Therefore, the conferees direct the
Comptroller General of the United States to submit a report
to congressional defense committees not later than December
1, 2021, on the nature and extent of the Department's use of
consortia for other transactions. The report shall assess the
number and dollar value of other transaction awards through
consortia, the benefits and challenges of using consortia,
how the Department's use of consortia compares to other
Federal agencies with other transaction authority, and any
other matters the Comptroller General determines to be
appropriate.
Pilot program on the use of consumption-based solutions to
address software-intensive warfighting capability (sec.
834)
The Senate amendment contained a provision (sec. 884) that
would direct the Secretary of Defense to establish a pilot
program to explore the use of consumption-based solutions to
address software-intensive warfighting capability, including
criteria for selecting initiatives for the pilot, direction
on certain contracting elements, requirements for monitoring
pilot activities, and a series of congressional reporting
requirements.
The House bill contained no similar provision.
The House recedes with an amendment that would expand the
pilot criteria to include military applications beyond
software and that would delay the reporting dates.
The conferees believe that the Department of Defense should
take advantage of ``as-a-service'' or ``aaS'' approaches in
commercial capability development, particularly where the
capability is software-defined and cloud-enabled. The
conferees note that, in its final report, the Section 809
Panel on Streamlining and Codifying Acquisition recommended
the adoption of consumption-based approaches at the
Department of Defense, stating, ``More things will be sold as
a service in the future. XaaS could really mean everything in
the context of the Internet of things (IoT). Consumption-
based solutions are appearing in many industry sectors, from
last mile transportation (e.g., bike shares and electric
scooters) to agriculture (e.g., tractor-as-a-service for
farmers in developing countries). Most smart phone users are
familiar with software updates that provide bug fixes or new
features. A more extreme example of technology innovation
enabled by the IoT is the ability to deliver physical
performance improvements to vehicles through over-the-air
software updates . . . In the not-so-distant future, cloud
computing and the IoT will enable consumption-based solution
offerings and delivery models that are hard to imagine
today.'' Therefore, the conferees support the Department of
Defense's commitment to new approaches to development and
acquisition of software, and believe that the Department
should explore a variety of approaches, to include the use of
consumption-based solutions for software-intensive
warfighting capability.
The conferees expect that, in conducting activities under
the pilot program established in this section, the Department
will consider the use of the Adaptive Acquisition Framework's
Software pathway.
Balancing security and innovation in software development and
acquisition (sec. 835)
The Senate amendment contained a provision (sec. 882) that
would require the Under Secretary of Defense for Acquisition
and Sustainment to incorporate certain considerations while
finalizing the interim policy for a software acquisition
pathway as part of the Department of Defense's new Adaptive
Acquisition Framework.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
considerations, as well as which of the Department's policies
would need to incorporate such considerations.
The conferees recognize the growing importance of assuring
the security of software and determining the provenance of
code and the risks posed by reliance--whether known or
inadvertent--on code produced by or within adversary nations.
The conferees are also concerned about the Department's
non-compliance with section 875 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
Section 875 required the Department to implement an Office of
Management and Budget pilot relating to open source software
due to significant potential benefits to the Department, to
include improved performance. The conferees note that the
Department has cited security concerns in connection with
openly publishing certain code. The conferees further note
that there is no comprehensive Department-wide process for
conducting security reviews of code or parts of code and
that the National Security Agency, which should have
similar security concerns to the Department as a whole,
has such a process for the purpose of maximizing
appropriate public release.
The conferees encourage the Department to pursue the
appropriate balance of innovation and security in developing,
acquiring, and maintaining software.
The conferees further direct the Under Secretary of Defense
for Acquisition and Sustainment and the Department of Defense
Chief Information Officer to develop a roadmap with
milestones that will enable the Department to require and
effectively manage the submission by contractors of a
software bill of materials.
Finally, the conferees direct the Under Secretary of
Defense for Acquisition and Sustainment to update the
Department's policy defining a Software Pathway to more
clearly demonstrate compliance with the portions of section
800 of the National Defense Authorization for Fiscal Year
2020 (Public Law 116-92) to: (1) Ensure applicability to
defense business systems as defined by section 2222 of title
10, United States Code; and (2) Provide for delivery of
capability to end-users not later than 1 year after funds are
obligated noting that other Government-wide policy and best
practices call for updates no less frequently than once every
6 months.
Digital modernization of analytical and decision-support
processes for managing and overseeing Department of
Defense acquisition programs (sec. 836)
The House bill contained a provision (sec. 220) that would
direct the Secretary of Defense to develop and implement an
advanced digital data and analytics capability that would
digitally integrate all data generated in the Department of
Defense's acquisition process, such that the data necessary
to carry out research and development, test and evaluation,
program management, and other acquisition activities would be
available in a comprehensive, authoritative, and widely-
accessible format. The provision would also direct the
Secretary of Defense to carry out certain demonstration
activities, require the Defense Innovation Board and Defense
Digital Service to conduct independent assessments in support
of this effort, and establish congressional reporting
requirements.

[[Page H6640]]

The House bill contained another provision (sec. 819) that
would require the Under Secretary of Defense for Acquisition
and Sustainment, in coordination with the Chairman of the
Joint Chiefs of Staff, and the Director of Cost Assessment
and Program Evaluation, to develop a plan to identify,
develop, and acquire databases, analytical and financial
tools, and workforce skills to improve the Department of
Defense-wide assessment, management, and optimization of
investments in weapon systems of the Department, including
through consolidation of duplicative or similar weapon system
programs.
The Senate amendment contained no similar provisions.
The Senate recedes with an amendment that would combine the
two provisions to direct digital modernization of analytical
and decision-support processes for managing and overseeing
Department of Defense acquisition programs.
The conferees note that several U.S. Government
Accountability Office reports have cited the need for
improved data management processes surrounding the
Department's overall management framework. The conferees note
that while most relevant data is Government-owned and
authorized for Department-wide use, there is no enterprise
mechanism facilitating the discovery, access, correlation or
integration, and use of acquisition-related data across
organizational boundaries; instead, each functional
organization has established and locally optimized its own
data and analytic processes for its own needs, and in many
cases even these local practices are highly manual and
inefficient. The conferees further note open Comptroller
General recommendations pertaining to the roles,
responsibilities, and activities to execute portfolio
management of acquisition programs that the Department has
partially disagreed with and thus not implemented. Further,
the conferees note that in recent years the Congress has
directed and the Department has implemented significant
acquisition reforms, and along with those reforms, in the
National Defense Authorization Act for fiscal year 2020
(Public Law 116-92) in sections 830 and 836 the Congress
directed the Department to update its decision-support
processes to facilitate holistic, comprehensive management
and oversight of acquisition programs under the new adaptive
acquisition framework. Although the conferees are encouraged
by the Department's expansion of its Advanced Analytics
(ADVANA) system to provide analytics and decision support for
certain of the Department's processes, the conferees are
concerned that, notwithstanding ADVANA, the Department is
squandering opportunities to reshape management and
oversight, and expect the Department to take seriously the
direction under this section.
Safeguarding defense-sensitive United States intellectual
property, technology, and other data and information
(sec. 837)
The Senate amendment contained a provision (sec. 891) that
would require the Secretary of Defense to establish, enforce,
and track actions being taken to protect defense-sensitive
United States intellectual property, technology, and other
data and information, including hardware and software, from
acquisition by China. Additionally, the provision would
require the Secretary to generate a list of critical national
security technology and provide for mechanisms to restrict
employees or former employees of the defense industrial base
from working directly for companies wholly owned by, or under
the direction of, the Government of the People's Republic of
China.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Comptroller General report on implementation of software
acquisition reforms (sec. 838)
The Senate amendment contained a provision (sec. 832) that
would require the Comptroller General of the United States to
assess the extent to which the Department of Defense has
implemented various reforms related to the acquisition of
software for weapon systems, business systems, and other
activities that are part of the defense acquisition system,
and that would direct certain changes to a separate
Comptroller General annual assessment.
The House bill contained no similar provision.
The House recedes with an amendment that would strike the
modification of requirements for a separate Comptroller
General assessment of selected acquisition programs and
initiatives, as that item is addressed elsewhere in this Act.
The conferees note that the Defense Science Board and
Defense Innovation Board have produced substantial studies
with significant recommendations for reform and that the
committee has itself produced numerous provisions in prior
National Defense Authorization Acts related to the reform of
software acquisition. The conferees further note the
Department's commitment to implementing these reforms.
Comptroller General report on intellectual property
acquisition and licensing (sec. 839)
The House bill contained a provision (sec. 820A) that would
require the Department of Defense to consult with
stakeholders to develop guidelines for the acquisition of
intellectual property (e.g., technological processes), to
include model forms and definitions of key terms.
The Senate amendment contained a similar provision (sec.
883) that would direct the Comptroller General of the United
States to report on the implementation of the Department of
Defense's instruction for intellectual property acquisition
and licensing.
The House recedes with an amendment that would add certain
topics to the Comptroller General review.
The conferees note that the Department established this
instruction in response to section 2322 of title 10, United
States Code, which required the Department to develop a
policy for intellectual property acquisition and licensing
and to create a cadre of intellectual property experts.

Subtitle D--Industrial Base Matters

Additional requirements pertaining to printed circuit boards
(sec. 841)
The House bill contained a provision (sec. 826) that would
direct the Secretary of Defense to establish, for contractors
and subcontractors that provide printed circuit boards (PCBs)
to the Department of Defense, certifications pertaining to
the boards' manufacture and assembly within approved
countries at certain percentages and on a certain schedule.
The provision would allow the Secretary to waive the
requirement upon determining there are no significant
national security concerns, and that the contractor is
otherwise in compliance with relevant cybersecurity
provisions, including section 224 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
The Senate amendment contained a similar provision (sec.
808) that would allow purchase from additional countries and
prohibit purchase from certain others and would direct
implementation of the associated manufacturing certifications
on a different schedule.
The Senate recedes with an amendment to prohibit
procurement of covered printed circuit boards from certain
enumerated countries; an amendment to modify the definition
of covered PCBs to focus on products and services other than
commercial products and services, unless specifically
identified by the Secretary; and an amendment to direct an
independent assessment of the implications of expanding the
coverage to more commercial products and services.
The conferees expect the Department of Defense to take
steps to reduce and mitigate national and economic security
risks related to sources of supply and manufacture of printed
circuit boards. The conferees note that this section is
intended to augment, not reduce or supersede, other efforts
to reduce and mitigate such risks.
The conferees note the complexity of technical, security,
business, trade, and acquisition program issues that impact
any efforts to develop policies relating to this industry.
Therefore, the conferees direct an independent assessment to
inform further congressional deliberation on this matter.
Report on nonavailability determinations and quarterly
national technology and industrial base briefings (sec.
842)
The House bill contained a provision (sec. 821) that would
amend section 2504 of title 10, United States Code, to
require quarterly briefings to monitor progress toward
eliminating gaps or vulnerabilities in the national
technology and industrial base (NTIB) as identified in the
Annual Industrial Capabilities Report to the Congress, as
required by section 2504 of title 10, United States Code. The
House bill also contained a provision (sec. 827) that would
require a report describing the use of any waiver or
exception by the Department of Defense to the requirements of
chapter 83 of title 41, United States Code, or section 2533a
of title 10, United States Code, relating to nonavailability
determinations.
The Senate amendment contained a similar provision (sec.
5801) that would also require a report on nonavailability
determinations under section 2533a of title 10, United States
Code.
The Senate recedes with an amendment that would combine the
provisions to require quarterly briefings to the Congress on
the industrial base supporting the Department of Defense
describing challenges and vulnerabilities in the defense
industrial base and commercial sector relevant to execution
of defense missions, and describing initiatives to address
such challenges, and would incorporate reporting on covered
non-availability determinations. Regarding the NTIB
briefings, the conferees note that the NTIB briefings are
intended to cover a spectrum of industrial base issues and
are not limited to topics related to DOD interactions with
non-U.S. members of the national technology and industrial
base. Regarding reporting on nonavailability determinations,
the conferees note that a briefing on nonavailability
determinations was required in the House committee report
accompanying H.R. 2500 (H. Rept. 116-120) of the National
Defense Authorization Act for Fiscal Year 2020, and, as it
has yet to be produced by the Department, the conferees
intend for this provision's reporting requirements to
incorporate that direction. The conferees' intent is to
increase insight into waivers, exceptions, and associated
determinations in order to shape future industrial base
policy direction.
Modification of framework for modernizing acquisition
processes to ensure integrity of industrial base and
inclusion of optical transmission components (sec. 843)
The House bill contained a provision (sec. 816) that would
make a technical change related to optical transmission
components.
The Senate amendment contained a similar provision (sec.
804) that would amend section 2509 of title 10, United States
Code, to

[[Page H6641]]

add references to matters of existing law, regulation,
policy, and associated activities, and that would make a
technical change related to optical transmission components.
The House recedes with a technical amendment regarding
authorities originally established in section 806 of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383) that were subsequently made
permanent in section 881 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232).
Expansion on the prohibition on acquiring certain metal
products (sec. 844)
The House bill contained a provision (sec. 822) that would
expand the prohibition on acquiring certain metal products.
The House bill contained a similar provision (sec. 1782)
that would prioritize the domestic procurement of tungsten
and tungsten powder.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend the
effective date from 3 to 5 years. The conferees direct the
Secretary of Defense in preparing the annual report required
by section 2504 of title 10, United States Code, to include
the Department's efforts to comply with 10 U.S.C. 2533c.
Miscellaneous limitations on the procurement of goods other
than United States goods (sec. 845)
The House bill contained a provision (sec. 823) that would
require that certain shipboard components be manufactured in
the National Technology and Industrial Base.
The Senate amendment contained similar provisions (sec. 812
and sec. 5812) that would amend section 2534 of title 10,
United States Code, related to miscellaneous limitations on
the procurement of goods.
The House recedes with an amendment that would require that
certain T-AO 205 class components be manufactured in the
National Technology and Industrial Base and require the
expedited review of certain applications submitted pursuant
to section 2534 of title 10, United States Code.
Improving implementation of policy pertaining to the national
technology and industrial base (sec. 846)
The Senate amendment contained a provision (sec. 803, as
amended by sec. 5803) that would: (1) Require the Secretary
of Defense to assess the research and development,
manufacturing, and production capabilities of national
technology and industrial base (NTIB) members and other
friendly nations; (2) Modify section 2350a of title 10,
United States Code, to allow for cooperative research and
development agreements among the NTIB member countries; (3)
Modify section 2502 of title 10, United States Code, to
establish a NTIB regulatory council; and (4) Direct the
Secretary of Defense to establish a process for considering
the inclusion of additional members in the NTIB.
The House bill contained no similar provision.
The House recedes with an amendment that would eliminate
the sections pertaining to the cooperative research and
development agreements and the regulatory council, and would
modify the process for considering new NTIB members
pertaining to roles and responsibilities, legislative
proposals, and reporting.
The conferees are concerned that the National Technology
and Industrial Base Council is not convening regularly,
particularly at the level of principals, and strongly
encourage persistent periodic meetings in light of the
significant challenges identified in the Report by the
Interagency Task Force in fulfillment of Executive Order
13806 and the significant additional obstacles as a result of
the COVID-19 pandemic. The conferees therefore direct the
Secretary of Defense to report on the frequency and level at
which the Council convenes, as part of the quarterly
briefings required elsewhere in this Act. The conferees
reiterate the direction to the Secretary of Defense in
section 881 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), pertaining to reducing
the barriers to the seamless integration among the NTIB, and
especially those barriers related to identification of
changes in export control rules, procedures, and laws that
would enhance the civil-military integration policy
objectives set forth in section 2501(b) of title 10, United
States Code.
Report and limitation on the availability of funds relating
to eliminating the gaps and vulnerabilities in the
national technology and industrial base (sec. 847)
The House bill contained a provision (sec. 845) that would
require the Secretary of Defense, the Under Secretary of
Defense for Personnel and Readiness, the Under Secretary of
Defense for Research and Engineering, and the Under Secretary
of Defense for Acquisition and Sustainment to submit certain
reports related to defense reform initiatives required by the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92). The provision would also place
limitations on the obligation or expenditure of some of the
fiscal year 2021 funding authorized to be appropriated for
the offices of the specified officials if the required
reports were not provided on time.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
availability of funds for the offices of the Secretary of
Defense and the Undersecretary of Defense for Acquisition and
Sustainment if the Secretary of Defense does not submit the
national security strategy for the national technology and
industrial base, required by section 2501(a) of title 10,
United States Code, by January 1, 2021.
The conferees note the Department of Defense has made
progress in implementing and reporting on some of the defense
reform initiatives referred to in the House provision,
particularly with respect to the creation of the Defense
Civilian Training Corps program and the establishment of
extramural acquisition innovation and research activities.
The conferees also note the expansion plan and schedule for
the Defense Civilian Training Corps program, required under
section 860(b)(2) of the National Defense Authorization Act
for Fiscal Year 2020, has a required submission date of
December 31, 2020.
Supply of strategic and critical materials for the Department
of Defense (sec. 848)
The House bill contained a provision (sec. 824) that would
require the Secretary of Defense, to the maximum extent
practicable, to acquire materials that are determined to be
strategic and critical materials required to meet the defense
industrial, and essential civilian needs of the United States
first from sources located within the United States and then
from sources located in the national technology and
industrial base, as defined in section 2500 of title 10,
United States Code, or from other sources as appropriate.
The Senate amendment contained a similar provision (sec.
809).
The Senate recedes with an amendment to establish
preferences and policy regarding the supply of strategic and
critical materials for Department of Defense purposes.
The conferees note that section 846 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
added a requirement that the Department account for executive
orders in preparing the annual report required by section
2504 of title 10, United States Code. The conferees further
note the issuance of Executive Order 13953, ``Addressing the
Threat to the Domestic Supply Chain from Reliance on Critical
Minerals from Foreign Adversaries and Supporting the Domestic
Mining and Processing Industries,'' which implicates some of
the same materials addressed by this section. The conferees
expect the Department to consider the impacts of Executive
Order 13953, as appropriate, in preparing the annual report.
The conferees urge the Department, in carrying out this
section, to complete appropriate Tribal consultation as soon
as practicable in accordance with section 106 of the National
Historic Preservation Act (16 U.S.C. 470f) and further
complete local, environmental and clean water assessments in
accordance with the National Environmental Policy Act (42
U.S.C. 4321 et seq.).
Analyses of certain activities for action to address sourcing
and industrial capacity (sec. 849)
The Senate amendment contained a provision (sec. 806) that
would require the Secretary of Defense to conduct a series of
assessments of certain materials and technology sectors, such
as microelectronics and pharmaceutical ingredients, to
determine what action to take with respect to sourcing or
investment to increase domestic industrial capacity and
explore ways to entice critical technology industries to move
production to the United States for the purposes of national
security.
The House bill contained no similar provision.
The House recedes with an amendment that would amend the
list of high priority goods and services in subsection (c);
add to and further specify activities required under
subsection (b); and provide additional implementation
direction.
The conferees remain concerned about overreliance on non-
domestic sources of supply for certain technologies and
products that are critical to the national defense and have
included many of those cases in the text of this provision,
and also provided specific directions in other provisions of
this Act. The conferees are requiring the Secretary of
Defense to conduct a series of assessments of certain
materials and technology sectors to determine what action to
take with respect to sourcing or investment to increase
domestic industrial capacity and explore ways to entice
critical technology industries to move production to the
United States for the purposes of national security. The
conferees note that, in 2018, the Department of Defense
published a study titled ``Assessing and Strengthening the
Manufacturing and Defense Industrial Base and Supply Chain
Resiliency of the United States.'' The study identified
several risks to the industrial base, including foreign
dependency, and in some cases dependency on sole foreign
suppliers for critical technologies used by the United States
military. Additionally, the U.S.-China Economic and Security
Review Commission's 2019 annual report identified a ``growing
reliance'' on products critical to the manufacturing of
active pharmaceutical ingredients.
The conferees believe that significant supply chain
vulnerability has further been demonstrated by the recent
COVID-19 pandemic. This represents a critical vulnerability,
especially when supply chains come under the direct control
or influence of the Government of the People's Republic of
China or are potentially unreliable during an armed conflict.
The Department of Defense

[[Page H6642]]

must increase resiliency by expanding our domestic industrial
base as well as fostering industrial cooperation with trusted
allies and partners that offer additional capability and
capacity in important areas. In exercising various legal
authorities to balance these objectives, the Department must
rationalize and execute a comprehensive strategy to develop,
support, and maintain trusted and assured sources of critical
goods from domestic or friendly nation sources, and leverage
that strategy beneficially to address industrial capacity for
other important materials and goods. In establishing an
assessment process for considering all available mechanisms,
the Department must enhance defense industrial base
resiliency, minimize espionage vulnerabilities, support
domestic economic growth, and limit the potential for foreign
sabotage or disruption of United States access to critical
sources of supply.
The conferees note that a variety of mechanisms are
available to the Department and codified in title 10, United
States Code. The conferees note that the assessments
themselves required by this provision are intended neither to
effect the removal or addition of covered items to statutory
lists subject to sourcing prohibitions, nor to remove or
increase the Department's ability to make a determination of
nonavailability of domestic sources under domestic preference
laws to meet critical needs. The conferees note that the
provision is intended to initiate analyses of items where
such a determination has been made, to determine whether and
how to develop additional domestic capacity, and to thereby
increase supply chain security.
Implementation of recommendations for assessing and
strengthening the manufacturing and defense industrial
base and supply chain resiliency (sec. 850)
The Senate amendment contained a provision (sec. 801) that
would require the Under Secretary of Defense for Acquisition
and Sustainment to submit a series of recommendations
regarding United States industrial policies to the Secretary
of Defense, who would subsequently be required to submit
these recommendations to the President, the Office of
Management and Budget, the National Security Council, the
National Economic Council, and the congressional defense
committees.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
scope of the assessment and objectives upon which the
Undersecretary of Defense for Acquisition and Sustainment is
to base the recommendations.
The conferees commend the Department of Defense for its
leadership in implementing the July 21, 2017, Presidential
Executive Order 13806, ``Assessing and Strengthening the
Manufacturing and Defense Industrial Base and Supply Chain
Resiliency of the United States.'' The challenges and
shortfalls highlighted in the report authored in response to
the executive order are of such scale that the conferees
believe that only a national approach can effectively address
these deficits. Therefore, the conferees expect the
Department to exercise its leadership position, analytical
capabilities, and policy expertise in developing
recommendations for the industrial policies the United States
ought to pursue.
Report on strategic and critical materials (sec. 851)
The House bill contained a provision (sec. 830D) that would
require the Secretary of Defense to submit to the Congress a
report on partnerships for rare earth material supply chain
security not later than 180 days after the date of the
enactment of this Act.
The Senate amendment contained a similar provision (sec.
810) that would require the Secretary of Defense to submit a
report on strategic and critical minerals and metals and
vulnerabilities in the supply chains of such minerals and
metals to the Committees on Armed Services of the Senate and
the House of Representatives not later than June 30, 2021.
The House recedes with an amendment that incorporates the
requirement pertaining to the ability to facilitate
partnerships with institutes of higher education; situates
the reporting requirement in the annual industrial
capabilities report required by section 2504 of title 10,
United States Code; and makes other technical corrections.
The conferees urge the Department, in carrying out this
section, to complete appropriate Tribal consultation as soon
as practicable in accordance with section 106 of the National
Historic Preservation Act (16 U.S.C. 470f) and further
complete local, environmental and clean water assessments in
accordance with the National Environmental Policy Act (42
U.S.C. 4321 et seq.)
Report on aluminum refining, processing, and manufacturing
(sec. 852)
The House bill contained a provision (sec. 830) that would
require the Secretary of Defense to submit a report on how
authorities under the Defense Production Act could be used to
increase activities related to refining aluminum and the
development of processing and manufacturing capabilities for
aluminum.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct the
Secretary of Defense to include such reporting as an appendix
to the Department of Defense's annual national technology and
industrial base report, required by section 2504 of title 10,
United States Code.
The conferees note that the refining of aluminum and the
development of processing and manufacturing capabilities for
aluminum, including a geographically diverse set of such
capabilities, may have important implications for the defense
industrial base and national defense.

Subtitle E--Small Business Matters

Initiatives to support small businesses in the national
technology and industrial base (sec. 861)
The House bill contained a provision (sec. 844) that would
establish a Small Business Industrial Base Resiliency
Program, under which an Assistant Secretary of Defense for
Industrial Base Policy (established elsewhere in the Bill)
would enter into transactions with small business concerns to
respond to the COVID-19 pandemic.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct the
Secretary of Defense, the Assistant Secretary of Defense for
Industrial Base Policy, and other officials to establish
several initiatives to help the Department of Defense better
leverage small business concerns in its efforts to eliminate
gaps and vulnerabilities in the national technology and
industrial base.
The conferees note that small businesses play a critical
role in ensuring the integrity of the national technology and
industrial base. During the COVID-19 pandemic, the Department
of Defense has awarded a large number of contracts to small
businesses to support the interagency pandemic response.
Despite these critical contributions, however, the conferees
note there is not a recurring requirement for the Department
of Defense to update, implement, and assess the success of
its small business strategy. Moreover, the conferees observe
that although the U.S. Small Business Administration's annual
scorecard shows the Department and each of the services have
reached their small business contracting goals, the number of
small businesses contracting with the Department has declined
steadily in recent years. The conferees also note that the
COVID-19 pandemic has revealed the difficulties of
identifying and providing assistance to small businesses in
the national technology and industrial base, particularly
those small businesses that are in sub-tiers of the defense
supply chain. Therefore, the conferees encourage the
Assistant Secretary of Defense for Industrial Base Policy,
established elsewhere in this Act, to maintain a strong focus
on leveraging and expanding the number of small businesses in
the national technology and industrial base.
Transfer of verification of small business concerns owned and
controlled by veterans or service-disabled veterans to
the Small Business Administration (sec. 862)
The House bill contained a provision (sec. 831) that would
amend section 8127 of title 38, United States Code, and
sections 16 and 36 of the Small Business Act (as codified at
sections 645 and 657f of title 15, United States Code) to
transfer the function of certifying Service Disabled Veteran
Owned Small Businesses (SDVOSBs) and Veteran Owned Small
Businesses (VOSBs) from the Department of Veterans Affairs
(VA) to the Small Business Administration (SBA), phase out
self-certification of SDVOSBs for the purposes of the
Federal-wide SDVOSB contracting goal in favor of affirmative
certification by SBA, and better harmonize the mechanics of
the SDVOSB contracting program with other small business
contracting programs already administered by SBA.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate
in subsection (a) the possibility for indefinite
postponements of the transfer date; eliminate in subsection
(d) the requirement that SBA conduct risk-based examinations
of certified firms separate from periodic recertification
examinations; clarify in subsections (d) and (e) enforcement
and penalties language to better conform to relevant sections
of the Small Business Act; and clarify in subsection (g) that
VA personnel are not directed to be transferred and shall be
guaranteed continuous employment, and that legal documents,
proceedings, suits, and administrative actions shall continue
notwithstanding the transfer of the certification function.
Employment size standard requirements for small business
concerns (sec. 863)
The House bill contained a provision (sec. 840A) that would
extend from 12 months to 24 months the time period to which
an agency must refer when categorizing a manufacturer as a
small business based on its average employment.
The Senate amendment contained no similar provision.
The Senate recedes.
Maximum award price for sole source manufacturing contracts
(sec. 864)
The Senate amendment contained a provision (sec. 5875) that
would amend the Small Business Act (15 U.S.C. 631 et seq.) by
modifying the maximum award price for sole source
manufacturing contracts.
The House bill contained no similar provision.
The House recedes.

[[Page H6643]]

Reporting requirement on expenditure amounts for the Small
Business Innovation Research Program and the Small
Business Technology Transfer Program (sec. 865)
The Senate amendment contained a provision (sec. 873) that
would direct the Small Business Administration to include in
its annual report to the Congress whether agencies have met
required expenditure amounts for the Small Business
Innovation Research (SBIR) and Small Business Technology
Transfer (STTR) programs, and would require the Small
Business Administration to direct those agencies which have
not met the required expenditure amounts to report to the
Congress on why they have not done so.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
agencies' responsibilities for reporting to the Congress on
compliance with legal requirements for minimum SBIR/STTR
expenditure amounts.
Small businesses in territories of the United States (sec.
866)
The House bill contained a provision (sec. 838) that would
provide assistance in securing opportunities in the Federal
marketplace to small businesses located in territories of the
United States, as recommended by the Congressional Task Force
on Economic Growth in Puerto Rico.
The Senate amendment contained no similar provision.
The Senate recedes.
Eligibility of the Commonwealth of the Northern Mariana
Islands for certain Small Business Administration
programs (sec. 867)
The House bill contained a provision (sec. 839) that would
ensure the Commonwealth of the Northern Mariana Islands is
eligible for the Small Business Administration's Small
Business Development Center (SBDC) and Federal and State
Technology (FAST) programs.
The Senate amendment contained an identical provision (sec.
5872).
The conference agreement includes this provision.
Past performance ratings of certain small business concerns
(sec. 868)
The House bill contained a provision (sec. 836) that would
amend the Small Business Act by requiring contracting
officers to consider a small business concern's past
performance in a joint venture or as a first-tier
subcontractor when evaluating the small business concern's
offer for a prime contract.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would allow the
small business concern to elect for such past performance to
be considered by a contracting officer, rather than requiring
it.
Extension of participation in 8(a) program (sec. 869)
The House bill contained a provision (sec. 835) that would
allow small business concerns participating in the program
established under section 8(a) of the Small Business Act (15
U.S.C. 637) on or before March 13, 2020, to extend such
participation by a period of 1 year, and that would require
the Administrator of the Small Business Administration to
issue regulations implementing this provision within 15 days.
The Senate amendment contained a similar provision (sec.
5874) that would allow small business concerns participating
in the 8(a) program on the date of enactment of this
provision to continue their participation for 1 year.
The Senate recedes with an amendment that would revise the
eligibility date in the provision to on or before September
9, 2020.
Compliance of Offices of Small Business and Disadvantaged
Business Utilization (sec. 870)
The Senate amendment contained a provision (sec. 5871) that
would amend section 15(k) of the Small Business Act (15
U.S.C. 644(k)) by requiring Federal agencies that are not in
compliance with statutory requirements pertaining to the
Office of Small Business and Disadvantaged Business
Utilization to report to the Congress on the reasons for such
noncompliance and the steps they are taking to become
compliant.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Category management training (sec. 871)
The House bill contained a provision (sec. 837) that would
direct the Administrator of the Small Business Administration
to develop a training curriculum on category management for
staff of Federal agencies with procurement or acquisition
responsibilities; to ensure such staff receive the category
management training; and to submit a copy of the training
curriculum to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate.
The Senate amendment contained no similar provision.
The Senate recedes.

Subtitle F--Other Matters

Review of and report on overdue acquisition and cross-
servicing agreement transactions (sec. 881)
The Senate amendment contained a provision (sec. 1271) that
would require the Secretary of Defense to produce a report on
all unreimbursed and overdue Acquisition and Cross-Servicing
(ACSA) transactions valued at $1.0 million or more. The
provision would also require a plan for securing
reimbursement from the relevant foreign partner and a summary
of actions taken by the Department to improve record-keeping
related to ACSA transactions.
The House bill contained no similar provision.
The House recedes.
Domestic comparative testing activities (sec. 882)
The Senate amendment contained a provision (sec. 892) that
would modify section 2350a of title 10, United States Code,
to allow for domestic comparative test.
The House bill contained no similar provision.
The House recedes.
The conferees believe that the Department of Defense's new
Adaptive Acquisition Framework is a very important step
toward ensuring additional avenues for new entrants to the
defense industrial base. The conferees emphasize the Federal
Acquisition Regulation preference for commercial solutions
and believe that this is especially important in technical
areas where commercial development outpaces the Department.
The ability of companies with innovative commercial solutions
to conduct comparative tests with one or more programs of
record against program requirements is foundational to
enabling the Department's ability to benefit from commercial
innovation.
Accordingly, the conferees direct the Under Secretary of
Defense for Acquisition and Sustainment and the Under
Secretary of Defense for Research and Engineering to jointly
prepare an implementation plan that: (1) Defines the points
along each of the acquisition pathways where market research
should be refreshed, and (2) Establishes entry points for
initiating such testing and associated procedures. The Under
Secretaries shall brief the congressional defense committees
no later than July 15, 2021, on the plan and associated
implementation activities.
Prohibition on awarding of contracts to contractors that
require nondisclosure agreements relating to waste,
fraud, or abuse (sec. 883)
The House bill contained a provision (sec. 813) that would
amend sections 2409(a) of title 10 and 4712(a) of title 31,
United States Code, to clarify that an employee of a Federal
government contractor, subcontractor, grantee, subgrantee, or
personal services contractor may not be discharged, demoted,
or otherwise discriminated against as a reprisal for
disclosing to law enforcement or investigative personnel,
fraud, waste, or abuse with regard to a government contract
or grant, even if that employee had previously signed or was
subject to a non-disclosure agreement.
The Senate amendment contained no similar provision.
The House recedes with an amendment that would prohibit the
Secretary of Defense from awarding a contract to a contractor
that requires 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 authorized to
receive such information. Further, the amendment would
require each contractor to inform its employees of the
limitations on confidentiality agreements and other
statements imposed by the provision.
The conferees direct the Secretary of Defense to provide a
briefing to the Committees on Armed Services of the Senate
and the House of Representatives, not later than 180 days
after the date of the enactment of this Act, detailing the
Department's plan and mechanism for ensuring contractor
compliance with the statutory prohibition against reprisal
against an employee of a contractor, subcontractor, grantee,
subgrantee, or personal services contractor for disclosing
information that the employee reasonably believes is evidence
of gross mismanagement of a DOD contract or grant; an abuse
of authority; a violation of law, rule, or mismanagement
related to a Department contract or grant; or a substantial
and specific danger to public health or safety.
Program management improvement officers and program
management policy council (sec. 884)
The House bill contained a provision (sec. 1745) that would
amend title 31, United States Code, to direct adherence to
certain standards for program and project management; further
specify qualifications for the Program Management Improvement
Officer; and adjust the frequency of the Program Management
Policy Council's meetings.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike the
changes to the standards.
Disclosure of beneficial owners in database for Federal
agency contract and grant officers (sec. 885)
The House bill contained a provision (sec. 815) that would
amend section 2313 of title 41, United States Code, by
requiring the database used by Federal agency contract and
grant officers for contractor responsibility determinations
to reflect information about contractors' beneficial owners.
The Senate amendment contained no similar provision.

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The Senate recedes with a clarifying amendment.
Repeal of pilot program on payment of costs for denied
Government Accountability Office bid protests (sec. 886)
The Senate amendment contained a provision (sec. 846) that
would repeal section 827 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91),
which required the Secretary of Defense to carry out a pilot
program to determine the effectiveness of requiring
contractors to reimburse the Department of Defense (DOD) for
costs incurred in processing covered protests.
The House bill contained no similar provision.
The House recedes.
The conferees note that the pilot program is unlikely to
result in improvements to the bid protest process given the
small number of bid protests captured by the pilot criteria
and lack of cost data.
The conferees continue to support efforts to improve the
handling of bid protests. In support of such efforts, the
conferees direct the Secretary of Defense to undertake a
study through the Center for Acquisition Innovation Research,
to examine elements of Section 885 of the National Defense
Authorization Act for Fiscal Year 2018 (Pub. L. 114-328) for
which the RAND National Defense Research Institute was unable
to obtain full and complete data during its analysis. This
study shall address: (1) The rate at which protestors are
awarded the contract that was the subject of the bid protest;
(2) A description of the time it takes the Department to
implement corrective actions after a ruling or decision, the
percentage of those corrective actions that are subsequently
protested, and the outcomes of those protests; (3) Analysis
of the time spent at each phase of the procurement process
attempting to prevent a protest, addressing a protest, or
taking corrective action in response to a protest, including
the efficacy of any actions attempted to prevent the
occurrence of a protest; and (4) Analysis of the number and
disposition of protests filed within the Department.
The conferees emphasize the potential benefits of a robust
agency-level bid protest process. Accordingly, the study
should evaluate the following factors for agency-level bid
protests: prevalence, timeliness, outcomes, availability, and
reliability of data on protest activities; consistency of
protest processes among the military Services; and any other
challenges that affect the expediency of such protest
processes. In doing so, the study should review existing law,
the Federal Acquisition Regulation, and agency policies and
procedures and solicit input from across the DOD and industry
stakeholders. The conferees note that an academic study
recently examined the agency-level bid protest process at
various federal agencies, including the Department of
Defense, and reported on that study to the Administrative
Conference of the United States. The conferees direct the
Department to consider these recommendations among those it
might make to improve the expediency, timeliness,
transparency, and consistency of agency-level bid protests.
Not later than September 1, 2021, the Secretary of Defense
shall provide the congressional defense committees with a
report detailing the results and recommendations of the
study, together with such comments as the Secretary
determines appropriate.
Amendments to submissions to Congress relating to certain
foreign military sales (sec. 887)
The House bill contained a provision (sec. 842) that would
amend section 887(b) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) and make various
modifications to the report required under such section.
The Senate amendment contained a similar provision (sec.
5893).
The Senate recedes with an amendment that would extend for
1 year the reporting requirement and would specify that the
report would apply only to foreign military sales processes
within the Department of Defense.
Revision to requirement to use firm fixed-price contracts for
foreign military sales (sec. 888)
The House bill contained a provision (sec. 843) that would
amend section 830 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) to exclude
modifications to a defense service or article requiring
significant development work from the requirement to use firm
fixed price contracts for foreign military sales. The
provision would also prohibit the Secretary of Defense
from delegating the authority to waive such requirement
below the level of the Service Acquisition Executive.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would repeal
section 830 of the National Defense Authorization Act for
Fiscal Year 2017.
Assessment and enhancement of national security innovation
base (sec. 889)
The Senate amendment contained a provision (sec. 802) that
would require the Deputy Secretary of Defense to conduct an
assessment of how economic forces and structures are shaping
the capacity of the national security innovation base. The
provision would require the Deputy Secretary to submit an
assessment along with any policy recommendations proceeding
from it to the Secretary of Defense no later than 540 days
after the date of the enactment of this Act and the Secretary
of Defense to submit such assessment and recommendations, no
later than 30 days after receipt, to the President, the
Office of Management and Budget, the National Security
Council, the National Economic Council, and the congressional
defense committees.
The House bill contained no similar provision.
The House recedes with an amendment that would revise the
elements under assessment and would require the Secretary to
submit the Department's combined assessment to the outside
parties by March 1, 2022.
The conferees recognize the Department of Defense's
substantial efforts to ensure that the industrial base is
innovative, robust, and expansive, and remain concerned that
the wider U.S. economy has a significant impact on the
industrial base. The conferees believe that ensuring domestic
production and supply of critical national security
technologies and source materials may extend beyond the
activities, industrial policies, and scope of the Department
of Defense and require serious interagency and private sector
cooperation. The conferees also believe that developing a
strategy to address this issue should be an inclusive, whole-
of-government deliberative process that involves the
Department of Defense, other relevant government agencies,
and relevant stakeholders. The conferees recognize that
Department of Defense appropriations are downstream of
economic health and Federal budgets. The conferees intend for
this provision to help the Department identify critical
economic features affecting the industrial base, propose
policies to guarantee that its development, industrial, and
budgetary needs are recognized, and ensure that broader
economic policy decisions are fully informed.
Identification of certain contracts relating to construction
or maintenance of a border wall (sec. 890)
The House bill contained a provision (sec. 850) that would
require the Secretary of Defense to include on a public
website of the Department of Defense a list of certain
contracts relating to construction or maintenance of a border
wall.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Waivers of certain conditions for progress payments under
certain contracts during the COVID-19 national emergency
(sec. 891)
The Senate amendment contained a provision (sec. 5841) that
would allow the Secretary of Defense to temporarily increase
the progress payment rate for undefinitized contract actions
during the COVID-19 national emergency.
The House bill contained no similar provision.
The House recedes with an amendment that would add
conditions to the waiver pertaining to companies' receipt of
progress payments under other contracts, the companies'
efforts to flow cash to subcontractors and suppliers, and
other matters, as well as reporting on the use of the waivers
and the flow of payments to subcontractors and suppliers.
The conferees support the Department of Defense's (DOD)
actions to increase cash flow to the defense industry during
the ongoing pandemic, which included increasing the rate of
progress payments from 80 percent up to 95 percent for
certain companies, and guidance on the use of advance
payments in certain cases, among others. The conferees note
that, according to DOD officials, these actions enabled DOD
to provide billions of dollars to the defense industry in a
period of severe economic downturn and instability.
The conferees remain concerned about whether and how the
companies that received these funds to stabilize their
operations in turn increased the rate of payments to their
subcontractors and suppliers, who are in many cases small and
medium sized firms that were potentially more at risk during
this period.
Therefore, the conferees direct the Comptroller General of
the United States to assess the Department's actions to
provide and monitor the use of advance payments and the
increased rate of progress payments. As part of this review,
the conferees direct the Comptroller General to brief the
defense committees by September 30, 2021 on: (1) The number
and types of contracts and contractors that received advanced
payments or increased rates of progress payments; (2) The
amount of funding that was provided via these mechanisms; (3)
The extent to which DOD established effective oversight
procedures to ensure that the recipients of these funds
provided, as appropriate, increased payments to their
subcontractors and suppliers; (4) The risks, if any, that the
use of these mechanisms posed to DOD and how DOD mitigated
such risks; and (5) Any other matters the Comptroller General
determines to be appropriate. The conferees further direct
the Comptroller General to provide a final report to the
congressional defense committees at a time to be mutually
agreed to following the briefing.

LEGISLATIVE PROVISIONS NOT ADOPTED

Modification to the definition of nontraditional defense
contractor
The House bill contained a provision (sec. 802) that would
amend section 2302(9) of title 10, United States Code, by
adding to the term ``nontraditional defense contractor'' an

[[Page H6645]]

entity that is owned entirely by an employee stock ownership
plan (ESOP).
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the Department of Defense may benefit
from the workforce talent attracted by entities that are
owned entirely by employee stock ownership plans (ESOPs), yet
a recent Government Accountability Office study showed there
are no readily available data to determine what percent of an
entity is owned by an ESOP. Therefore, the conferees direct
the Secretary of Defense to provide a briefing to the
congressional defense committees by December 31, 2020, on the
advantages of working with ESOPs and the barriers ESOPs face
in contracting with the Department. For the purposes of this
briefing, an ESOP shall mean an entity that is owned entirely
by an employee stock ownership plan (as defined in section
4975(e)(7) of the Internal Revenue Code of 1986 (title 26 of
United States Code)).
Competition requirements for purchases from Federal Prison
Industries
The House bill contained a provision (sec. 814) that would
amend section 2410n of title 10, United States Code. This
provision would eliminate the federal market share
determination requirement for the purchase of products from
Federal Prison Industries.
The Senate amendment contained no similar provision.
The House recedes.
Requirements concerning former Department of Defense
officials and lobbying activities
The House bill contained a provision (sec. 820B) that would
require certain defense contractors to submit to the
Secretary of Defense and make available to the public an
annual report naming the former Department of Defense (DOD)
personnel to whom the contractor provided compensation in the
past year--including certain political appointees, members of
the Senior Executive Service, military officers in the grade
of O-6 and above, and certain acquisition personnel--as well
as the specific issues and lobbying activities in which each
named DOD official engaged on behalf of the contractor over
the same period.
The Senate amendment contained no similar provision.
The House recedes.
Not later than June 30, 2021, the Secretary of Defense,
informed by the ongoing review of the Comptroller General of
the United States on the post-government employment of former
DOD officials, will provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the implementation of Department of Defense
Instruction 1000.32, Prohibition of Lobbying Activity by DOD
Senior Officials, dated March 26, 2020. The briefing will
provide an overview of the policies and procedures the
Department has established to operationalize the limitations
imposed by section 1045 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91), on the ability
of retired and former general and flag officers and senior
civilian equivalents to engage in lobbying contacts and
activities with respect to the DOD. In addition, the briefing
will provide: (1) An explanation of the interplay between
section 1045 and the longstanding regime of ethics laws
applicable to the entirety of the executive branch; (2) An
assessment of the effectiveness of the section 1045
limitations, both in promoting ethical conduct by former
senior DOD officials in the context of post-government
activities and in minimizing adverse effects on the
Department of what is sometimes referred to as the
``revolving door;'' (3) An assessment of the clarity and
enforceability of the ``behind the scenes'' restrictions
imposed by section 1045; (4) A description of the legal and
practical challenges, if any, in the Department's
implementation of section 1045; (5) An evaluation of the
effects, if any, of the limitations imposed by section 1045
on the Department's ability both to attract experienced and
qualified persons to public service in the DOD and to
derive benefit from communications with former senior
employees and officers; and (6) A discussion of any
related matter the Secretary deems appropriate.
Enhanced domestic content requirement for major defense
acquisition programs
The House bill contained a provision (sec. 825) that would
provide further direction for the Department of Defense in
implementing the Buy American Act, as defined by chapter 83
of title 41, United States Code, for major defense
acquisition programs. The provision would contain additional
specific direction pertaining to what comprises
``substantially all'' for the purposes of assessing
manufactured articles, materials, or supplies, to be domestic
and would also require the Secretary of Defense to establish
an information repository for collection and analysis of
information related to domestic source content of major
defense acquisition programs.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the importance of the Department working
with trusted foreign partners and developing methodologies to
understand beneficial ownership within the defense industrial
base. The conferees direct the Secretary to provide a
briefing to the congressional defense committees not later
than March 1, 2021, on mechanisms used to track foreign
involvement in individual acquisition programs, as directed
by section 2509 of title 10, United States Code, and
elsewhere in this Act. The conferees further direct the
Secretary to consider the benefits of working with allies and
partners that are currently designated as ``qualifying
countries'' under the Defense Federal Acquisition Regulation
Supplement, to assist the countries' understanding of the
composition of their supply chains, and any associated risks.
The conferees note that the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) established
section 2509 of title 10, United States Code, which in
subsection (d) directed the Department to develop a unified
set of activities to modernize the systems of record, data
sources and collection methods, and data exposure mechanisms
to analyze and mitigate supply chain risks. The conferees
note this followed direction on supply chain risk management
in section 2339a of title 10, United States Code, which
directed the Department to conduct certain activities to
identify risk to national security systems and authorized
certain contracting actions to mitigate supply chain risk
with respect to companies, including subcontractors and
suppliers. The conferees acknowledge the Department has taken
significant steps to implement these provisions of law,
including making use of the Department's existing Advanced
Analytics (ADVANA) repository to populate information about
suppliers. However, the conferees remain concerned about lack
of coordination within the Department and delays in
collecting all pertinent data. Therefore, the conferees
direct the Secretary of Defense to ensure the collection and
analysis of information related to sourcing of individual
acquisition programs.
Sense of Congress on the prohibition on certain
telecommunications and video surveillance services or
equipment
The House bill contained a provision (sec. 828) that
expressed a sense of Congress regarding rulemaking to
facilitate successful implementation of section 889 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat 1917; 41 U.S.C. note
prec. 3901) which prohibits using or procuring certain
telecommunications and video surveillance equipment.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Federal Acquisition Regulatory
Council released an interim rule on the implementation of
section 889(a)(1)(B) that went into effect on August 13,
2020. On August 12, 2020, the Director of National
Intelligence provided the Department of Defense with a
temporary waiver under the authority of section 889(d)(2) for
certain contracting activities assessed as low-risk and to
avoid disruption of end of year financial activities and has
since extended that waiver a full year to September 30, 2022.
Department of Defense officials have publicly stated the
Department may seek additional waivers on a case-by-case
basis, but does not seek to delay wholesale implementation of
the rule. The conferees emphasize the importance of regular
dialogue with the Department on section 889 implementation,
generally, and encourage continued communication with the
Committees on Armed Services of the Senate and the House of
Representatives, especially on additional waivers the
Department may seek. The committee looks forward to updates
on the Department's positive progress towards compliance with
statute and congressional intent.
Domestic sourcing requirements for aluminum
The House bill contained a provision (sec. 829) that would
amend section 2533b of title 10; sections 5323, 22905, 24305,
and 50101 of title 49; and section 313 of title 23, United
States Code, to add domestic content preferences for aluminum
pertaining to activities of the Department of Defense,
Federal Highway Administration, Federal Transit
Administration, Federal Railroad Administration, Federal
Aviation Administration, and Amtrak.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that elsewhere in this Act, the
Secretary of Defense is directed to conduct analyses of
certain materials and technology sectors and make
recommendations for action to address sourcing and industrial
capacity, including specifically for aluminum.
Briefing on the supply chain for small unmanned aircraft
system components
The House bill contained a provision (sec. 830A) would
require a briefing on the supply chain for small unmanned
aircraft system components, including a discussion of current
and projected future demand for small unmanned aircraft
system components.
The Senate amendment contained no similar provision.
The House recedes.
The conferees expect the Department of Defense to continue
its efforts to develop and sustain a secure and reliable
sourcing strategy for small unmanned aircraft systems and
their associated components. The conferees direct the
Secretary of Defense in preparing the annual report due on
March 1, 2021, as required by section 2504 of title 10,
United States Code, to include an assessment of current and
projected future demand for small

[[Page H6646]]

unmanned aircraft system components. This assessment shall
include: (1) The sustainability and availability of secure
sources of critical components domestically and from sources
in allied and partner nations; (2) The cost, availability,
and quality of secure sources of critical components and
other relevant information domestically and from sources in
allied and partner nations; (3) Any plans of the Department
of Defense to address gaps or deficiencies, including through
the use of funds available under the Defense Production Act
(50 U.S.C. 55) or through partnerships with public and
private stakeholders; and (4) Other information as the Under
Secretary of Defense for Acquisition and Sustainment
determines to be appropriate.
Prohibition on procurement or operation of foreign-made
unmanned aircraft systems
The House bill contained a provision (sec. 830B) that would
prohibit the head of an executive agency from procuring any
commercial off-the-shelf drone or covered unmanned aircraft,
or any component thereof for use in such a drone or unmanned
aircraft, that is manufactured or assembled by a covered
foreign entity, including any flight controllers, radios,
core processors, printed circuit boards, cameras, or gimbals.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense has taken
steps to reduce unwanted dependence on foreign unmanned
aircraft systems. The conferees direct the Secretary of
Defense to continue these efforts by developing mechanisms to
share appropriate threat information related to the
operational use of such foreign systems to appropriate
Federal agencies, upon request. The conferees note the
importance of accounting for unmanned aircraft systems that
are manufactured or assembled in foreign countries that are
adversaries of the United States, tracking the use of those
systems, and guarding against risks to national security
associated with such systems. The conferees also underscore
the importance of developing ways to enhance the capacity and
capability of a domestic unmanned aircraft industry. The
conferees direct the Secretary of Defense to provide a
briefing to the congressional defense committees on
activities to share such threat information with Federal
agencies not later than October 1, 2021.
Sense of Congress on gaps or vulnerabilities in the national
technology and industrial base
The House bill contained a provision (sec. 830C) that would
express a Sense of Congress on gaps or vulnerabilities in the
national technology and industrial base.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense in preparing
the annual report due on March 1, 2021 as required by section
2504 of title 10, United States Code, to include an
assessment of gaps or vulnerabilities in the national
technology and industrial base (as defined in section 2500 of
title 10, United States Code) with respect to intellectual
property theft as related to the development and long-term
sustainability of defense technologies; the extent to which,
if any, foreign adversaries engage in operations to exploit
such gaps or vulnerabilities; recommendations to mitigate or
address any such gaps or vulnerabilities identified by the
Secretary; and any other matters the Secretary determines
should be included.
Equitable adjustments to certain construction contracts
The House bill contained a provision (sec. 832) that would
amend the Small Business Act (15 U.S.C. 631) to allow a small
business performing a construction contract to submit a
request for equitable adjustment to an agency if the
contracting officer directs a change within the general scope
of the contract without the agreement of the small business,
and that would require the agency to provide an interim
partial payment to the small business upon receipt of such
request.
The Senate amendment contained no similar provision.
The House recedes.
Exemption of certain contracts awarded to small business
concerns from category management requirements
The House bill contained a provision (sec. 833) that would
exempt certain contracts awarded to small business concerns
from category management requirements and that would require
the Director of the Office of Management and Budget to
develop and implement a plan to increase small business
participation in agency-wide or Government-wide contracts.
The Senate amendment contained no similar provision.
The House recedes.
Report on accelerated payments to certain small business
concerns
The House bill contained a provision (sec. 834) that would
require the head of each Federal agency (as defined by
section 551(a) of title 5, United States Code) to submit to
the Congress a report on the timeliness of accelerated
payments made to certain small business concerns.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the head of each Federal agency to
submit to the Congress not later than March 1, 2021 a report
on the timeliness of payments made to a prime contractor (as
defined in section 8701 of title 41, United States Code) that
is a small business concern (as defined in section 3 of the
Small Business Act (section 632 of title 15, United States
Code)) or to a prime contractor that subcontracts with a
small business concern. The report shall include: (1) The
date on which the Federal agency began providing accelerated
payments in accordance with section 2307(a)(2) of title 10,
United States Code, or paragraphs (10) and (11) of section
3903(a) of title 31, United States Code, as applicable, to a
covered prime contractor; (2) Of contracts to which such
sections apply, the amount and percentage of contracts with
accelerated payment terms in accordance with such sections;
and (3) Whether and on what date the agency discontinued
implementation of the Office of Management and Budget
Circular M-11-32 titled ``Accelerating Payments to Small
Businesses for Goods and Services'' (issued September 14,
2011).
Boots to Business Program
The House bill contained a provision (sec. 840) that would
amend section 32 of the Small Business Act (15 U.S.C. 657b)
by codifying the Small Business Administration's Boots to
Business program, which provides entrepreneurial training for
certain members of the Armed Forces who are transitioning to
civilian life.
The Senate amendment contained no similar provision.
The House recedes.
Modifications to supervision and award of certain contracts
The House bill contained a provision (sec. 841) that would
create a locality preference for the award of military
construction projects to firms and individuals within 60
miles of the location of the work, as well as other
transparency and reporting requirements.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize that military construction projects
have the potential to provide significant economic stimulus
to firms and individuals in local communities. The conferees
encourage the military departments to seek opportunities to
increase contracting opportunities to local entities and
increase transparency and reporting of work performed by
local entities, where practicable.
Authority to acquire innovative commercial products and
services using general solicitation competitive
procedures
The Senate amendment contained a provision (sec. 841) that
would permanently authorize the Department of Defense to use
what are commonly known as Commercial Solutions Openings to
solicit and acquire innovative commercial items,
technologies, or services.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that this authority was originally
established in section 879 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
and that it has been successfully used by the Department to
establish agreements with small businesses in technology
areas relevant to supporting the current National Defense
Strategy.
The conferees expect the Department to provide detailed
justification to reauthorize this instrument and associated
flexibilities. Accordingly, the conferees direct the
Secretary of Defense to collect data on the specific cases,
synthesize best practices, develop appropriate educational
and training activities for the use of this authority, and to
ensure such content is made available to the Department's
acquisition workforce. As the conferees believe that such
information will be invaluable to the Congress prior to
considering reauthorization of this potentially powerful
acquisition authority, the conferees direct the Under
Secretary of Defense for Acquisition and Sustainment to
provide a briefing to the congressional defense committees on
the case data, best practices, and other activities by March
1, 2021.
Reports recommending disposition of notes and pertaining to
reorganization of certain sections of defense acquisition
statutes
The House bill contained a provision (sec. 847) that would
require the Secretary of Defense to submit a report to the
congressional defense committees with a proposal for the
transfer and consolidation of certain defense acquisition
statutes within the framework of part V of subtitle A of
title 10, United States Code (as enacted by section 801 of
the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232)), by February 21, 2021.
The Senate amendment contained a similar provision (sec.
5892) that would require the Secretary of Defense to submit a
report to the congressional defense committees regarding the
disposition of provisions of law in the notes sections of
sections of title 10, United States Code.
The conference agreement does not include these provisions.
Prohibition on contracting with persons with willful or
repeated violations of the Fair Labor Standards Act of
1938
The House bill contained a provision (sec. 848) that would
require the head of a Federal department or agency to
initiate debarment proceedings against persons for whom four
or more willful or repeated violations of the Fair Labor
Standards Act of 1938 (29 U.S.C.

[[Page H6647]]

201 et seq.) are listed in the Government-wide performance
and integrity database.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense continues
to award contracts to companies cited for willful or repeated
fair labor standards violations under the Fair Labor
Standards Act of 1938 (FLSA). The conferees note the National
Defense Authorization Act for 2020 (Public Law 116-92)
established section 2509 of title 10, United States Code,
pertaining to the integrity of the defense industrial base,
which included directing attention to contractor behavior
that constitutes violations of the law, fraud, and associated
remedies, including suspension and debarment.
The conferees further note that a July 2020 Government
Accountability Office (GAO) report, titled ``Defense
Contractors: Information on Violations of Safety, Health, and
Fair Labor Standards'' (GAO-20-587R), mandated by the
National Defense Authorization Act for Fiscal Year 2020,
reviewing data from 2015-2019, determined that 417 companies
had been cited for willful or repeated violations of FLSA
pertaining to minimum wage, overtime, or child labor.
Specifically, GAO found almost 5,200 such violations, most
frequently, failures to pay minimum wage, overtime, and to
keep accurate records. The conferees note that these
companies, representing less than half of one percent of the
companies the Department does business with, could
potentially be replaced by more responsible contractors in
order to improve the integrity of the industrial base, and
potentially reward companies with better records of
performance in these matters.
The conferees direct the Department to enter into an
agreement with the Acquisition Innovation Research Center
(AIRC) established by Section 835 of the National Defense
Authorization Act for Fiscal Year 2020, to: (1) Assess and
distinguish the extent to which statutory and discretionary
debarment procedures address the Department of Defense's
interests in being protected from those entities whose
conduct poses business integrity risk to the Government; (2)
Identify any gaps in the current requirements for statutory
debarment as a result of labor law violations; (3) Provide
recommendations as to whether the mission of the Interagency
Suspension and Debarment Committee, an interagency body of
which DOD is a member and which reports to the Congress
annually on the status and improvements made to the Federal
suspension and debarment system (pursuant to Section 873
of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417)), should be
expanded to include not just discretionary but also
statutory suspension and debarment; and (4) Provide any
other recommendations the AIRC finds relevant.
Reestablishment of Commission on Wartime Contracting
The House bill contained a provision (sec. 849) that would
reestablish and modify the duties of the Commission on
Wartime Contracting.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that section 887 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
required the Comptroller General of the United States to
report on the use of contractors to perform work supporting
contingency operations, including the logistical support for
such operations since January 1, 2009. That report will
include an evaluation of the extent to which recommendations
made by the Wartime Contracting Commission have been
implemented in policy, guidance, education, and training. The
conferees reemphasize the importance of rigorous oversight of
contracting for military, security, and reconstruction
operations abroad, and acknowledge the Commission's valuable
work.
Congressional oversight of private security contractor
contracts
The House bill contained a provision (sec. 851) that would
direct the Inspector General of the Department of Defense to
submit reports assessing various aspects of private security
contracts performed in areas of contingency operations.
The Senate amendment contained no similar provision.
The House recedes.
Revisions to the Unified Facilities Criteria regarding the
use of variable refrigerant flow systems
The House bill contained a provision (sec. 852) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to publish any proposed revisions to the Unified
Facilities Criteria regarding the use of variable refrigerant
flow systems in the Federal Register and specify a comment
period of at least 60 days.
The Senate amendment contained no similar provision.
The House recedes.
Recommendations for future direct selections
The Senate amendment contained a provision (sec. 863) that
would require each military department to nominate to the
congressional defense committees at least one acquisition
program for which it would be appropriate and advantageous to
use large numbers of users to provide direct assessment of
the outcome of a competitive contract award.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of each military
department to identify at least one newly started acquisition
program for which it may be appropriate, under the
Department's new Adaptive Acquisition Framework, to have a
proportional representation of end users participate in
materiel solution analysis supporting a Milestone A decision;
in technology maturation and risk reduction activities
supporting a Milestone B decision; and in developmental and
operational testing activities supporting a fielding
decision. The Secretaries shall brief the Committees on Armed
Services of the Senate and the House of Representatives on
the programs identified and activities conducted, in
conjunction with the future years defense program submitted
under section 221 of title 10, United States Code, for fiscal
year 2022.
Report on the effect of the Defense Manufacturing Communities
Support Program on the defense supply chain
The Senate amendment contained a provision (sec. 5802) that
would require the Secretary of Defense to submit a report to
Congress on the Defense Manufacturing Communities Support
Program.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees not later than
September 30, 2021, evaluating the effect of the Defense
Manufacturing Communities Support Program, as authorized
under section 846 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
on the defense supply chain. The evaluation should consider
the program's effect on: (1) The diversification of the
supply chain; (2) Procurement costs; and (3) Efficient
procurement processes.
Disaster declaration in rural areas
The Senate amendment contained a provision (sec. 5873) that
would amend section 7(b) of the Small Business Act (15 U.S.C.
636(b)) to establish requirements pertaining to rural area
disaster declarations.
The House bill contained no similar provision.
The Senate recedes.
Small business loans for nonprofit child care providers
The Senate amendment contained a provision (sec. 5877) that
would amend section 623(a) of title 15, United States Code,
to authorize non-profit childcare providers access to small
business loan programs under title 15 of United States Code.
The House bill contained no similar provision.
The Senate recedes.

Title IX--Department of Defense Organization and Management

Subtitle A--Office of the Secretary of Defense and Related Matters

Repeal of position of Chief Management Officer of the
Department of Defense (sec. 901)
The House bill contained a provision (sec. 901) that would
repeal the position of the Department of Defense Chief
Management Officer (CMO) not later than 30 days after the
enactment of the National Defense Authorization Act for
Fiscal Year 2021, and would require the Secretary of Defense
to submit to the congressional defense committees within 180
days of the date of the enactment of this Act, a
comprehensive legislative proposal for conforming amendments
to law required by the repeal of the position.
The Senate amendment contained a provision (sec. 911) that
would disestablish the position of the CMO on a date to be
determined by the Secretary of Defense, but in no case later
than September 30, 2022.
The Senate amendment also contained a provision (sec. 912)
that would require that, not later than 45 days before the
date on which the Secretary of Defense determined that the
position of the CMO should be disestablished, the Secretary
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth: (1) The
position and title of each officer or employee of the
Department of Defense (DOD) in whom the Secretary would vest
responsibility for performing the various duties of the CMO
on the disestablishment of that position; (2) Any duties of
the CMO that the Secretary would recommend be discontinued or
modified; (3) A description of the process and timeline for
transferring the responsibilities and resources of the CMO to
appropriate DOD persons and organizations; (4) The
Secretary's recommendations for additional authorities and
resources that would be required to ensure effective exercise
by the appropriate DOD officers or employees of the
responsibilities to be transferred to them from the CMO; and
(5) Such other matters as the Secretary deemed appropriate.
The Senate amendment also contained a provision (sec. 913)
that would codify in section 142a of title 10, United States
Code, the position of Department of Defense Performance
Improvement Officer (PIO), to be appointed consistent with
and perform the duties and functions enumerated in section
1124 of title 31, United States Code, together with such
other duties and responsibilities prescribed by the Secretary
or Deputy Secretary of Defense.
The Senate amendment also contained a provision (sec. 914)
that would affirm the designation of the Deputy Secretary of
Defense

[[Page H6648]]

as the Chief Operating Officer of the DOD in accordance with
section 1123 of title 31, United States Code, and the
Deputy's responsibility for supervision of the PIO. Further,
consistent with the disestablishment of the position of the
CMO, the provision would reassign certain responsibilities
and duties to particular officers and employees of the DOD.
The Senate amendment also contained a provision (sec. 915)
that, consistent with the disestablishment of the position of
the CMO, would reassign certain duties and responsibilities
established in law to those DOD officers or employees so
designated by the Secretary or Deputy Secretary of Defense.
The Senate amendment also contained a provision (sec. 916)
that would codify in section 101 of title 10, United States
Code, the definition of the term ``enterprise business
operations.''
The Senate amendment also contained a provision (sec. 917)
that would require the Secretary of Defense to submit to the
Congress an annual report on the enterprise business
operations of the DOD.
The Senate amendment also contained a provision (sec. 918)
that would provide conforming amendments to title 10, United
States Code, to reflect the disestablishment of the position
of CMO and codification of the position of PIO.
The Senate recedes with an amendment that would require the
repeal of the position of CMO, with enumerated amendments
to law to take effect on the date of the enactment of this
Act, and would require the Secretary of Defense to
transfer each duty and responsibility and all resources of
the CMO to an officer, employee, organization, or element
of the DOD, within 1 year of enactment. Further, the
amendment would require the Secretary of Defense to submit
to the congressional defense committees, within 1 year of
the enactment of this Act, a report that should include
any legislative proposals necessary to effectuate the
changes to law made by this section.
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and related matters (sec. 902)
The Senate amendment contained a provision (sec. 901) that
would clarify the responsibilities of the Assistant Secretary
of Defense for Special Operations and Low-Intensity Conflict
(ASD SOLIC) for providing civilian oversight and advocacy for
special operations forces (SOF). Specifically, the provision
would modify section 138(b)(2) of title 10, United States
Code, to clarify the administrative chain of command for the
ASD SOLIC in exercising authority, direction, and control
with respect to the special operations-peculiar
administration and support of U.S. Special Operations Command
(SOCOM). The provision would also codify the Secretariat for
Special Operations, which currently exists within the Office
of the ASD SOLIC, in section 139 of title 10, United States
Code. Lastly, the provision would require the Secretary of
Defense, not later than 180 days after the date of the
enactment of this Act, to publish a Department of Defense
directive establishing policy and procedures related to the
exercise of authority, direction, and control of all matters
relating to the organization, training, and equipping of SOF
by the ASD SOLIC as specified by section 138(b)(2)(A) of
title 10, United States Code.
The House bill contained no similar provision.
The House recedes with an amendment that would make
clarifying changes to the provision.
The conferees are concerned with the lack of progress on
implementation of section 922 of the National Defense
Authorization Act (NDAA) for Fiscal Year 2017 (Public Law
114- 328), which enhanced the role of ASD SOLIC as the
individual responsible for providing civilian oversight and
advocacy of SOF. The conferees note that a May 2019 report
published by the Government Accountability Office (GAO) found
that the majority of the remaining tasks identified by the
Department as necessary for implementing section 922 do not
have clear timeframes for completion. Furthermore, the GAO
found that ``outdated'' departmental guidance is hindering
the ASD SOLIC's ability to serve as the ``service secretary-
like'' civilian responsible for the oversight and advocacy of
SOF, as required by section 138(b) of title 10, United States
Code. Further, the conferees are concerned by the lack of
progress in staffing the Secretariat for Special Operations
that was created to facilitate the ASD SOLIC's
responsibilities despite efforts by the committee in recent
NDAAs to provide additional flexibility to the Department to
bring on additional personnel to support the activities of
the Secretariat.
The conferees believe that an empowered and appropriately
resourced ASD SOLIC is critical to the effective civilian
oversight and advocacy of SOF and to ensuring that this force
is appropriately aligned with the objectives of the National
Defense Strategy.
Assistant Secretary of Defense for Industrial Base Policy
(sec. 903)
The House bill contained a provision (sec. 902) that would
amend section 138 of title 10, United States Code, to require
one of the Assistant Secretaries to be the Assistant
Secretary of Defense for Industrial Base Policy, whose
principal duty would be the overall supervision of policy of
the Department of Defense for developing and maintaining the
defense industrial base of the United States and ensuring a
secure supply of materials critical to national security. The
provision would further specify the duties and
responsibilities of the office and direct certain transfer
activities and timeframes, and would make technical and
conforming changes to other provisions of law.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove the
specification of duties and responsibilities from the
provision, and would remove the direction of certain transfer
activities and timeframes for execution.
The conferees note increasing concerns in the Congress,
industry, and the Department over: the health of the defense
industrial base; risks to sources of supply; and the
reliability of the supply chain to meet defense needs. The
conferees note that, accordingly, following the Executive
Order 13806 on Assessing and Strengthening the Manufacturing
and Defense Industrial Base and Supply Chain Resiliency of
the United States, and the associated Department of Defense
report and recommendations, the profile and workload of the
Deputy Assistant Secretary of Defense for Industrial Policy,
who was designated to lead efforts in this policy area by the
Under Secretary of Defense for Acquisition and Sustainment,
has increased significantly. The conferees also note that
senior leaders in both the Congress and the Department have
focused increasing attention on defense industrial base
issues, including increasing the profile and funding of
certain activities authorized under the Defense Production
Act, which are currently led by the Deputy Assistant
Secretary. The conferees further note that the COVID-19
pandemic and associated efforts to shore up the United
States' defense industrial base and expand its industrial
capacity have further expanded the workload for the Deputy
Assistant Secretary, and especially the interagency
coordination required to execute planned activities. The
provision therefore elevates the civilian leadership position
responsible for these activities in order to reflect the
visibility and importance of the Department's activities with
respect to the security of the United States.
The conferees expect the Secretary of Defense to ensure
that the new office of the Assistant Secretary be adequately
resourced in both personnel and budget, as well as delegated
appropriate authority, and provided with the high-level
support necessary to perform such duties and responsibilities
as the Secretary directs. The conferees further note that
initiatives that are currently under the purview of the
Deputy Assistant Secretary should be monitored by senior
leadership to ensure appropriate continuity of activities
that have proven to be effective in strengthening the
Department's ability to develop and execute defense
industrial base policies that are supportive of the National
Defense Strategy.
Assistant Secretary of Defense for Energy, Installations, and
Environment (sec. 904)
The House bill contained a provision (sec. 1789) that would
require the Secretary of Defense to carry out a study on the
creation of a position of Assistant Deputy Secretary for
Environment and Resilience, submit a report to the Congress
containing all findings and determinations made in carrying
out the study, and establish the position of Assistant Deputy
Secretary for Environment and Resilience after issuing such
report. The provision would also require the Assistant Deputy
Secretary for Environment and Resilience to issue an annual
report to the Secretary of Defense and the Congress
containing a description of the actions taken by the
Assistant Deputy Secretary during the previous year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would increase
the authorized number of Assistant Secretaries of Defense.
Further, the provision would require one of the Assistant
Secretaries be the Assistant Secretary of Defense for Energy,
Installations, and Environment with the principal duty of
overall supervision of matters relating to energy,
installations, and the environment for the Department of
Defense.
Office of Local Defense Community Cooperation (sec. 905)
The House bill contained a provision (sec. 914) that would
codify the existing Department of Defense Office of Economic
Adjustment and emphasize its current primary mission of
community cooperation through management of programs such as
the Defense Critical Infrastructure Program, Defense Access
Roads Program, and Joint Land Use Studies to address
encroachment around military installations and compatible
land use, and support of military families through schools
and manufacturing programs.
The Senate amendment contained a similar provision (sec.
902).
The Senate recedes with a technical amendment that would
prohibit the involuntary separation of any personnel within
the newly codified Office of Local Defense Community
Cooperation for 1 year after the date of the enactment of
this Act.
Input from the Vice Chief of National Guard Bureau to the
Joint Requirements Oversight Council (sec. 906)
The House bill contained a provision (sec. 915) that would
amend section 181 of title 10, United States Code, to require
the Joint Requirements Oversight Council to seek the

[[Page H6649]]

views of the Chief of the National Guard Bureau regarding
non-federalized National Guard capabilities in support of
homeland defense and civil support missions.
The Senate amendment contained a similar provision (sec.
904) that would include the Vice Chief of the National Guard
Bureau as an advisor to the Joint Requirements Oversight
Council under certain circumstances.
The Senate recedes with a technical amendment that would
require the Joint Requirements Oversight Council to seek the
views of the Vice Chief of the National Guard Bureau on non-
federalized National Guard capabilities in support of
homeland defense and civil support missions.
Assignment of responsibility for the Arctic region within the
Office of the Secretary of Defense (sec. 907)
The House bill contained a provision (sec. 903) that would
require the Assistant Secretary of Defense for International
Security Affairs to 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.
The Senate amendment contained an identical provision (sec.
905).
The conference agreement includes this provision.
Modernization of process used by the Department of Defense to
identify, task, and manage Congressional reporting
requirements (sec. 908)
The Senate amendment contained a provision (sec. 903) that
would require the Assistant Secretary of Defense for
Legislative Affairs to conduct business process reengineering
analysis and assess commercially available analytics tools,
technologies, and services in order to modernize the process
by which the Department of Defense identifies reporting
requirements from the text of the National Defense
Authorization Act, tasks the reports within the Department,
and manages their completion and delivery to the Congress.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees note that the current process for tasking,
assigning, generating, and distributing congressionally
required reports does not serve anyone involved, as most of
the process involves manual data entry ill-suited to the
scope and complexity of congressional oversight of defense
issues. This generates unnecessary workload for both sides
and significantly impedes congressional oversight. The
conferees have worked to modernize transmission of reporting
requirements to the Department of Defense and strongly urge
the Secretary of Defense to continue prioritizing the
Department's encouraging efforts to modernize its systems and
processes related to reports.
Therefore, the conferees direct the Assistant Secretary of
Defense for Legislative Affairs and the Chief Information
Officer of the Department of Defense to brief the
congressional defense committees not later than January 31,
2021, on the results of the analysis to date and actions
taken and planned to modernize the Department's system and
processes for managing congressionally required reports.

Subtitle B--Other Department of Defense Organization and Management
Matters

Reform of the Department of Defense (sec. 911)
The House bill contained a provision (sec. 806) that would
require the Secretary of Defense, the Secretaries of the
military departments, and the combatant commanders to
undertake reform of the Department of Defense to provide more
efficient and economical administration of the Department,
and to issue policy and guidance to that effect. The
provision would add reform to existing requirements in the
National Defense Strategy, Defense Planning Guidance, and the
Defense authorization request. The provision would also
require the Secretary to deliver a report to the Congress on
reform efforts.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would retain the
requirement for the Secretary of Defense to undertake reform
at the department, including by improving its ability to
assess the costs and benefits of certain reform activities.
The amendment requires the Secretary of Defense to submit an
annual framework for reform to the Congress to begin the task
of improving congressional-executive understanding of
progress toward reform at the Department of Defense, and
requires the Government Accountability Office to review that
framework.
The conferees strongly encourage the Department of Defense
to draw a clear distinction between the covered activities of
reform--including up-front investments--and actions taken to
prioritize, such as reductions in requirements, deferrals or
delays in programs or activities, or simple acceptance of
risk.
Limitation on reduction of civilian workforce (sec. 912)
The House bill contained a provision (sec. 911) that would
amend section 129a of title 10, United States Code, to
prohibit the Secretary of Defense from reducing the civilian
workforce unless the Department of Defense assesses the
impact of such a reduction on workload, military force
structure, lethality, readiness, operational effectiveness,
stress on the military force, and costs.
The Senate amendment contained no similar provision.
The Senate recedes.
Chief Diversity Officer and Senior Advisors for Diversity and
Inclusion (sec. 913)
The House bill contained a provision (sec. 912) that would
amend chapter 4 of title 10, United States Code, to create a
Chief Diversity Officer of the Department of Defense; chapter
703 of title 10, United States Code, to create a Chief
Diversity Officer of the Department of the Army; chapter 803
of title 10, United States Code, to create a Chief Diversity
Officer of the Department of the Navy; chapter 903 of title
10, United States Code, to create a Chief Diversity Officer
of the Air Force; and chapter 3 of title 14, United States
Code, to create a Chief Diversity Officer of the Coast Guard,
each of whom would be appointed by the President, with the
advice and consent of the Senate.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to appoint a Chief Diversity Officer of
the Department of Defense from among persons who have an
extensive management or business background and experience
with diversity and inclusion. The Chief Diversity Officer
would report directly to the Secretary of Defense and be
responsible for providing advice on policy, oversight,
guidance, and coordination for all matters of the Department
of Defense related to diversity and inclusion. Further, the
amendment would require the Secretary of each military
department and the Commandant of the Coast Guard to appoint a
Senior Advisor for Diversity and Inclusion.
Limitation on consolidation or transition to alternative
content delivery methods within the Defense Media
Activity (sec. 914)
The House bill contained a provision (sec. 919) that would
limit consolidation or transition to alternative content
delivery methods from occurring within the Defense Media
Activity until a period of 180 days has elapsed following the
date on which the Secretary of Defense submits to the
congressional defense committees a report with a detailed
certification that a transition to alternative content
delivery methods poses no security vulnerabilities or
increase monetary costs to servicemembers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
report to change the detailed certification requirement to
instead identify the business case for any alternative
content delivery methods as well as identify risks and
associated risk mitigation actions.

Subtitle C--Space Force Matters

Office of the Chief of Space Operations (sec. 921)
The House bill contained a provision (sec. 922) that would
provide technical and conforming amendments to clarify in
existing law the function and composition of the Office of
the Chief of Space Operations and the general duties of the
Chief of Space Operations.
The Senate amendment contained no similar provision.
The Senate recedes.
Clarification of Space Force and Chief of Space Operations
authorities (sec. 922)
The Senate amendment contained a provision (sec. 931) that
would provide technical and conforming amendments to clarify
in existing law the authorities of the United States Space
Force and the Chief of Space Operations.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Amendments to Department of the Air Force provisions in title
10, United States Code (sec. 923)
The Senate amendment contained a provision (sec. 932) that
would provide technical and conforming amendments to
incorporate the United States Space Force in Department of
the Air Force provisions in title 10, United States Code.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
technical amendment to section 9017 of title 10, United
States Code, to adjust the placement of the Chief of Space
Operations on the list of officials slated to perform the
duties of the Secretary of the Air Force, should the
Secretary die, resign, be removed from office, or be absent
or disabled.
Amendments to other provisions of title 10, United States
Code (sec. 924)
The Senate amendment contained a provision (sec. 933) that
would provide technical and conforming amendments to
incorporate the United States Space Force in certain
provisions of title 10, United States Code.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
Space Force contributions to the Joint Staff.
Amendments to provisions of law relating to pay and
allowances (sec. 925)
The Senate amendment contained a provision (sec. 934) that
would provide technical and conforming amendments to
incorporate

[[Page H6650]]

the United States Space Force in certain provisions of law
pertaining to military pay and allowances.
The House bill contained no similar provision.
The House recedes.
Amendments to provisions of law relating to veterans'
benefits (sec. 926)
The Senate amendment contained a provision (sec. 935) that
would provide technical and conforming amendments to
incorporate the United States Space Force in certain
provisions of law relating to veterans' benefits.
The House bill contained no similar provision.
The House recedes.
Amendments to other provisions of the United States Code and
other laws (sec. 927)
The Senate amendment contained a provision (sec. 936) that
would provide technical and conforming amendments to
incorporate the United States Space Force in certain other
sections of the United States Code.
The House bill contained no similar provision.
The House recedes with an amendment that would amend to
section 1(a) of the Act of August 12, 1946 (Public Law 79-
772) to include the Chief of Space Operations or the Chief's
designee as a member of the board established to advise the
Smithsonian Institution on the administration of the National
Air and Space Museum.
Applicability to other provisions of law (sec. 928)
The Senate amendment contained a provision (sec. 937) that
would define the authority of the Secretary of Defense and
the Secretary of the Air Force with regard to members of the
United States Space Force and the benefits for which members
of the United States Space Force would be eligible with
regard to any provision of law not addressed by the technical
and conforming amendments enacted in this Act.
The House bill contained no similar provision.
The House recedes with an amendment to section 958 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) that would ensure, unless otherwise
specified in law, that members and civilian employees of the
Space Force are treated commensurate with members and
civilian employees of the Air Force and that the Secretary of
Defense and Secretary of the Air Force may exercise the same
authorities vis-a-vis the Space Force as they do with regard
to the Air Force.
Temporary exemption from authorized daily average of members
in pay grades E-8 and E-9 (sec. 929)
The House bill contained a provision (sec. 925) that would
exempt the United States Space Force from the limitation on
the number of military personnel in the grade of E-8 and E-9
contained in section 517 of title 10, United States Code,
until October 1, 2023.
The Senate amendment contained an identical provision (sec.
945).
The conference agreement includes this provision.
Limitation on transfer of military installations to the
jurisdiction of the Space Force (sec. 930)
The Senate amendment contained a provision (sec. 943) that
would prohibit the transfer of any military installation to
the jurisdiction or command of the Space Force unless the
Secretary of the Air Force conducts a business case analysis
on the transfer and provides a briefing on such analysis to
the congressional defense committees.
The House bill contained no similar provision.
The House recedes.
Organization of the Space Force (sec. 931)
The House bill contained a provision (sec. 517) that would
not allow the Secretary of the Air Force to transfer or
relocate any personnel or asset, or dissolve any unit, of the
Air National Guard or Air Force Reserve until the latter of
the following occurs: (1) The day that is 180 days after the
date on which the Secretary of the Air Force submits the
report under subsection (b); or (2) The Chief of Space
Operations certifies in writing to the Secretary of the Air
Force that plans of the Secretary to establish the reserve
components of the Space Force shall not diminish space
capability of the Department of the Air Force. Subsection (b)
of the provision would require the Secretary of the Air Force
to submit, not later than January 31, 2021, to the Committees
on Armed Services of the Senate and House of Representatives
a report regarding the plan of the Secretary to establish the
reserve components of the Space Force. The report shall
identify the following: (1) The assumptions and factors used
to develop the plan; (2) The members of the team that issued
recommendations regarding the organization of such reserve
components; (3) The recommendations of the Secretary
regarding the mission, organization, and unit retention of
such reserve components; (4) The final organizational and
integration recommendations regarding such reserve
components; (5) The proposed staffing and operational
organization for such reserve components; (6) The estimated
date of implementation of the plan; and (7) Any savings or
costs arising from the preservation of existing space-related
force structures in the Air National Guard.
The Senate amendment contained a similar provision (sec.
941) that would not allow the Space National Guard to be
established as a reserve component of the Space Force until
the Secretary of Defense certifies in writing to the
congressional defense committees that a Space National Guard
is the organization best suited to discharge in an effective
and efficient manner the missions intended to be assigned to
the Space National Guard.
The Senate recedes with a modifying amendment.
The conferees direct the Secretary of Defense to provide
the congressional defense committees legislative
recommendations that would consider the preferred
organizational structure and integration of the reserve
components and a consideration of the full time and part-time
permeability that may best leverage the human capital of the
Space Force, including a single integrated force.

LEGISLATIVE PROVISIONS NOT ADOPTED

Establishment of Deputy Assistant Secretaries for Sustainment
The House bill contained a provision (sec. 913) that would
require the military departments to each establish a position
of a Deputy Assistant Secretary for Sustainment and would
outline the responsibilities of each position.
The Senate amendment contained no similar provision.
The House recedes.
The conferees continue to be disappointed by the lack of
emphasis the military departments place on sustainment in the
acquisition process. This lack of foresight continues to
unnecessarily burden budgets that are already stressed to
meet the Department's modernization and recapitalization
requirements. The conferees note that the Department of the
Navy has already established a Deputy Assistant Secretary for
Sustainment. As fifth generation and other advanced platforms
are fielded alongside legacy systems, the conferees believe
that additional emphasis must be placed on sustainment.
The conferees direct the Secretary of each military
department to submit an assessment not later than March 1,
2021 to the Committees on Armed Services of the Senate and
the House of Representatives determining if each respective
military department believes it should establish a Deputy
Assistant Secretary for Sustainment. If the Secretary
concerned determines a Deputy Assistant Secretary for
Sustainment is warranted, the report should include an
implementation plan, to include a timeline for establishment.
Redesignation of the Joint Forces Staff College
The House bill contained a provision (sec. 916) that would
amend title 10, United States Code, to rename the Joint
Forces Staff College to the Joint Forces War College.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that elsewhere in this bill the
Secretary of Defense is required to conduct a thorough review
of professional military education and to provide a report to
the Committees on Armed Services of the Senate and the House
of Representatives that contains recommendations for possible
reforms. It would be premature to begin renaming Department
of Defense academic institutions before the results of the
Secretary's review are delivered to the Congress.
Comptroller General report on vulnerabilities of the
Department of Defense resulting from offshore technical
support call centers
The House bill contained a provision (sec. 918) that would
direct a Comptroller General of the United States review of
the vulnerabilities created by foreign call centers
supporting the Department of Defense.
The Senate amendment contained a similar provision (sec.
5951).
The conference agreement does not include either provision.
The conferees are concerned about the nature and extent of
reliance on offshore technical support call centers and the
vulnerabilities they pose for the Department and its
personnel. The conferees direct the Chief Information Officer
of the Department of Defense to brief the congressional
defense committees no later than October 1, 2021 on
vulnerabilities in connection with the provision of services
by offshore technical support call centers to the Department
of Defense, to include a description of the nature, extent,
and location of such call centers, and a description of
activities to reduce vulnerabilities. The conferees note
that ``offshore technical support call centers'' are
physically located outside the United States; employ
individuals who are foreign nationals; and may be
contacted by personnel of the Department to provide
technical support relating to technology used by the
Department.
Assistant Secretary of Defense for Space and Strategic
Deterrence Policy
The House bill contained a provision (sec. 921) that would
change the existing requirement for an Assistant Secretary of
Defense for Space Policy into a requirement for an Assistant
Secretary of Defense for Space and Strategic Deterrence
Policy. The provision would detail the responsibilities of
the position and make certain conforming amendments to
existing U.S. Code.
The Senate amendment contained no similar provision.
The House recedes.
The conferees agree that both space and strategic
deterrence play an important role

[[Page H6651]]

in national defense policy. Both space and deterrence policy
should be coordinated and the conferees encourage the
Department to work to ensure deterrence policy is adequately
addressed as space is elevated in the Office of the Secretary
of Defense.
Space Force Medal
The House bill contained a provision (sec. 923) that would
authorize the President to award a decoration called the
``Space Force Medal'' to any person who, while serving with
the Space Force, distinguishes himself or herself by heroism
not involving actual conflict with an enemy.
The Senate amendment contained a provision (sec. 947) that
would supersede the current ``Airman's Medal,'' with an ``Air
and Space Force Medal.''
The conference agreement does not include either provision.
The conferees understand that an assessment of the naming
conventions and precedence of Space Force-unique awards and
decorations is ongoing. Once the Secretary of the Air Force
has decided these issues, the Secretary shall submit a report
to the Committees on Armed Service of the Senate and the
House of Representatives detailing the names and precedence
of Space Force-unique awards and decorations. The conferees
encourage the Secretary of the Air Force to consider the
independent culture being developed within the Space Force,
as well as the principles underlying the Department of
Defense military decorations and awards program, in choosing
a name and design for the medal intended to recognize the
service, sacrifice, and actions of Space Force personnel who
have distinguished themselves through heroism not involving
actual conflict with the enemy.
Rank and grade structure of the United States Space Force
The House bill contained a provision (sec. 927) that would
require the Space Force to use a system of ranks and grades
that is identical to the system of ranks and grades used by
the Navy.
The Senate amendment contained no similar provision.
The House recedes.
The conferees understand that the Space Force is currently
undertaking an assessment of the future rank structure of the
members of the Space Force. The conferees assume the Space
Force will be comprised of members transferring from all
services across the Department and strongly encourage the
consideration of all the military services historic rank
structures. Once a decision by the Secretary of the Air Force
has been made the Secretary will submit the findings and
decision to the Committees on Armed Service of the Senate and
the House of Representatives detailing the final rank
structure of the officer and enlisted force of the Space
Force at least 15 days prior to implementation.
Report on the role of the Naval Postgraduate School in space
education
The House bill contained a provision (sec. 928) that would
require the Secretary of the Navy to submit to the
congressional defense committees a report on the future role
of the Naval Postgraduate School in space education.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Navy to provide a
report, not later than 180 days after the date of enactment
of this Act, to the Committees on Armed Services of the
Senate and the House of Representatives on the future role of
the Naval Postgraduate School in space education. The report
shall include the following elements:
(1) An overview of the Naval Postgraduate School's existing
space-focused education and research capabilities, programs,
products, and outputs;
(2) An identification and evaluation of additional space-
focused educational requirements that may be fulfilled by the
Naval Postgraduate School, including any requirements
resulting from the establishment of the Space Force or
otherwise necessitated by the evolving space-related needs of
the Department of Defense; and
(3) A plan for meeting the requirements identified under
paragraph (2), including a description of the types and
amounts of additional resources that may be needed for the
Naval Postgraduate School to meet such requirements over the
period of 5 fiscal years following the date of the report.
Office of the Chief of Space Operations
The Senate amendment contained a provision (sec. 931A) that
would provide technical and conforming amendments to clarify
in existing law the function and composition of the Office of
the Chief of Space Operations and the general duties of the
Chief of Space Operations.
The House bill contained no similar provision.
The Senate recedes.
Transfers of military and civilian personnel to the Space
Force
The Senate amendment contained a provision (sec. 942) that
would prohibit the transfer of any servicemember or civilian
employee of the Department of Defense without the consent of
the transferred individual and place certain restrictions on
such transfers.
The House bill contained no similar provision.
The Senate recedes.
Application of acquisition demonstration project to
Department of the Air Force employees assigned to
acquisition positions within the Space Force
The Senate amendment contained a provision (sec. 946) that
would make applicable a demonstration project, relating to
certain acquisition personnel policies, to civilian employees
of the Department of the Air Force assigned to the Space
Force.
The House bill contained no similar provision.
The Senate recedes.
The conferees acknowledge that the Space Force requires
innovative personnel authorities, but agree the authorities
in question are already vested in the Secretary of Defense.
The conferees encourage the Secretary of Defense to utilize
these authorities to the maximum extent practical.
Annual report on establishment of field operating agencies
The Senate amendment contained a provision (sec. 951) that
would require the Secretary of Defense to submit a report to
the congressional defense committees, not later than January
31 of each year, identifying any field operating agency
established by the Department of Defense or a component
thereof during the preceding calendar year. The report would
list: (1) The name of such field operating agency; (2) The
agency's location; (3) The title and grade of the head of the
agency; (4) The chain of command, supervision, or authority
by which the agency head reports to the Office of the
Secretary of Defense or the military department concerned;
(5) The agency's mission; (6) The number of personnel
authorized and assigned to the agency; (7) The purpose
underlying the agency's establishment; and (8) Any cost
savings or other efficiencies expected to accrue to the
Department in connection with the establishment and operation
of the agency.
The Senate intended this provision to substitute for a
long-recurring provision of defense appropriations acts, last
enacted in section 8041 of the Department of Defense
Appropriations Act for Fiscal Year 2020 (Public Law 116-93).
The House bill contained no similar provision.
The Senate recedes.

Title X--General Provisions

Subtitle A--Financial Matters

General transfer authority (sec. 1001)
The House bill contained a provision (sec. 1001) that would
allow the Secretary of Defense, with certain limitations, to
make transfers between amounts authorized for fiscal year
2021 in division A of this Act. This section would limit the
total amount transferred under this authority to $4.0
billion.
The Senate amendment contained a similar provision (sec.
1001).
The House recedes.
Budget materials for special operations forces (sec. 1002)
The House bill contained a provision (sec. 1004) that would
modify section 226 of title 10, United States Code, by
requiring additional budgetary information related to special
operations forces.
The Senate amendment contained no similar provision.
The Senate recedes.
Application of Financial Improvement and Audit Remediation
Plan to fiscal years following fiscal year 2020 (sec.
1003)
The Senate amendment contained a provision (sec. 1002) that
would require the Department of Defense Financial Improvement
and Audit Remediation Plan to ensure that an annual audit of
the Department's financial statements for each fiscal year
after fiscal year 2020 occurs by not later than March 31
following such fiscal year.
The House bill contained no similar provision.
The House recedes.
Incentives for the achievement by the components of the
Department of Defense of unqualified audit opinions on
the financial statements (sec. 1004)
The Senate amendment contained a provision (sec. 1003) that
would require that the Under Secretary of Defense
(Comptroller) develop and issue guidance for personnel and
components of the Department of Defense to incentivize the
achievement of an unqualified audit opinion.
The House bill contained no similar provision.
The House recedes with an amendment clarifying that
incentives established under this section would apply to both
personnel and components of the Department of Defense, and
adds a reporting requirement on such incentives.
Audit readiness and remediation (sec. 1005)
The House bill contained a provision (sec. 1005) that would
amend the requirements for the Department of Defense audit
remediation plan.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit an annual report on unfunded
priorities related to audit readiness and remediation not
later than 10 days after submission of the annual budget
request.
The conferees are encouraged that the Department of Defense
has successfully completed an independent annual financial
audit three times in accordance with the Chief Financial
Officers Act of 1990. The conferees are also encouraged that
a number of organizations within the Department have received

[[Page H6652]]

an unmodified opinion. However, there are still several
organizations that have not received an unmodified opinion.
While not required by law, an unmodified opinion on an
independent annual financial audit is critical to identifying
areas for reform and improving readiness.
The conferees direct the Secretary of Defense to continue
to take appropriate steps and apply sufficient resources to
build upon the recent excellent progress towards achieving an
unmodified opinion on the Department's independent annual
financial audit. The conferees believe that this is an
important step to earn the Congress' and public's confidence
in the Department's ability to be a responsible steward of
taxpayer funds.
Addition of Chief of the National Guard Bureau to the list of
officers providing reports of unfunded priorities (sec.
1006)
The House bill contained a provision (sec. 1742) that would
add the Chief of the National Guard Bureau to the list of
officers required to provide unfunded requirements to the
congressional defense committees under section 222a of title
10, United States Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the Chief of the National Guard Bureau's addition to the
list of covered officers is only in that position's capacity
and responsibilities as defined in section 10502(c)(1) of
title 10, United States Code. The amendment would add
restrictions on the new unfunded requirements list, including
exclusion of items that have appeared on existing unfunded
requirements lists over the past 5 years or those items not
exclusively related to the role of non-federalized National
Guard forces in support of the homeland defense or civil
support missions.
The conferees strongly urge the Chief of the National Guard
Bureau to use this unfunded requirements list judiciously in
support of non-warfighting domestic support missions, such as
disaster response. While the National Guard's performance in
support of such missions represents a significant
contribution to broader national security needs, the
conferees also note that the U.S. Air National Guard and the
U.S. Army National Guard are components of the U.S. Air Force
and the U.S. Army and, as such, their nominations of items
for unfunded priorities lists are already considered in the
unfunded priorities lists submitted by the chiefs of those
services.

Subtitle B--Counterdrug Activities

Quarterly reports on Department of Defense support provided
to other United States agencies for counterdrug
activities and activities to counter transnational
organized crime (sec. 1011)
The House bill contained a provision (sec. 1012) that would
amend section 284 of title 10, United States Code, to require
the Secretary of Defense to notify specified congressional
committees not later than 15 days before providing support
for counterdrug activities and activities to counter
transnational organized crime under subsection (b) of such
section.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
section 284 of title 10, United States Code to require the
Secretary to provide quarterly reports to specified
congressional committees on support provided under subsection
(b) of such section.

Subtitle C--Naval Vessels

Limitation on availability of certain funds without naval
vessels plan and certification (sec. 1021)
The House bill contained a provision (sec. 1021) that would
amend section 231(e) of title 10, United States Code, by
restricting 75 percent of certain operation and maintenance
funds for the Secretary of Defense until the Annual Naval
Vessel Construction Plan has been delivered to the Congress.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change the
submitter of the Annual Naval Vessel Construction Plan to the
Secretary of the Navy and change the funding restriction to
75 percent of specified funds not yet obligated or expended
as of the date the plan was required to be submitted.
The conferees are troubled that the Department of Defense
has not submitted the Annual Naval Vessel Construction Plan
for fiscal year 2021 as required by section 231 of title 10,
United States Code, despite repeated requests from the
congressional defense committees. Timely submission of this
plan is critical for the committees to perform their
statutory oversight roles and provide the necessary
authorities and resources for the Department of the Navy to
meet requirements under the National Defense Strategy. As
peer competitors make increased investments in naval capacity
and capability, it is critical that the committees receive an
accurate and complete report on the Navy's requirements to
execute the National Defense Strategy.
In past years, the Annual Naval Vessel Construction Plan
has been submitted by the Department of the Navy, and in
general the submission has coincided with the submission of
other budget materials as required by law.
This year, Department of Defense officials stated that they
were undertaking their own review of the Navy's long-range
shipbuilding requirements, a review that still has not been
shared with the Congress, forcing the committees to draft the
National Defense Authorization Act for Fiscal Year 2021
without complete awareness of the Navy's long-range
shipbuilding requirements. Not only are the conferees
concerned with the Department's refusal to comply with a
long-standing statutory requirement, the conferees are
equally concerned that responsibilities that belong with Navy
leadership have been subsumed by the Office of the Secretary
of Defense.
Therefore, this provision would amend section 231 of title
10, United States Code, to provide the Secretary of the Navy
with the authority and responsibility to develop the Annual
Naval Vessel Construction Plan and submit this plan with each
fiscal year's budget materials to the Congress.
Limitations on use of funds in the National Defense Sealift
Fund for purchase of foreign constructed vessels (sec.
1022)
The House bill contained a provision (sec. 1022) that would
amend section 2218 of title 10, United States Code, by
authorizing the purchase of a total of nine used foreign
built ships and four used foreign-built ships prior to the
Navy initiating an acquisition strategy for a sealift
recapitalization plan.
The Senate amendment contained a similar provision (sec.
1021).
The Senate recedes with an amendment that would require the
anticipated delivery of the lead ship in a new class of U.S.-
built vessels to be not later than 2028 and make a technical
amendment.
The conferees direct the Secretary of the Navy to conduct a
business case analysis of acquisition strategies for the new
U.S.-built sealift ship program described in section
2218(f)(3)(E) of title 10, United States Code, and submit
such analysis and the Secretary's intended course of action
to the congressional defense committees not later than July
1, 2021.
In conducting this business case analysis, the Secretary
shall consider, at a minimum, the following options and
associated acquisition strategies: (1) Current Navy
acquisition processes for acquiring Combat Logistics Force
ships; (2) The use of a commercial executive agent or
vessel acquisition manager, similar to the acquisition of
the National Security Multi-Mission Vessel; and (3) A
commercial-government hybrid acquisition biased toward
maximum commerciality in both specifications and process.
Use of National Sea-Based Deterrence Fund for incrementally
funded contracts to provide full funding for Columbia
class submarines (sec. 1023)
The House bill contained a provision (sec. 1023) that would
amend section 2218a(h)(1) of title 10, United States Code, by
authorizing the use of incremental funding for the full
funding of the first two Columbia-class submarines.
The Senate amendment contained a similar provision (sec.
121).
The Senate recedes with an amendment that would prohibit
funds authorized for the full funding procurement of the
Columbia-class program to be obligated or expended for the
construction of SSBN-827 in fiscal years 2021, 2022, or 2023
and make technical edits.
Preference for United States vessels in transporting supplies
by sea (sec. 1024)
The House bill contained a provision (sec. 1024) that would
amend section 2631 of title 10, United States Code, to
increase compliance with military cargo preference
requirements.
The Senate amendment contained no similar provision.
The Senate recedes.
Restrictions on overhaul, repair, etc. of naval vessels in
foreign shipyards (sec. 1025)
The House bill contained a provision (sec. 1025) that would
provide limited exceptions for the repair of Navy vessels in
shipyards outside the United States when damage occurred by
hostile actions. This section would also provide limited
authority for maintenance work to be performed by foreign
workers if U.S. personnel cannot perform the work for health
or safety reasons.
The Senate amendment contained a similar provision (sec.
1022).
The Senate recedes.
Biennial report on shipbuilder training and the defense
industrial base (sec. 1026)
The House bill contained a provision (sec. 1026) that would
amend chapter 863 of title 10, United States Code, to require
the Secretary of Defense, in coordination with the Secretary
of Labor, to submit reports to Congress on the state of
defense industrial base training, hiring, and the ability to
meet the requirements of the 30-year shipbuilding plan.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
reports to be submitted by the Secretary of the Navy and
based on the Navy's most recent Force Structure Assessments.
Modification of waiver authority on prohibition on use of
funds for retirement of certain legacy maritime mine
countermeasure platforms (sec. 1027)
The Senate amendment contained a provision (sec. 1023) that
would modify the waiver authority germane to the prohibition
on the use of funds for retirement of certain legacy maritime
mine countermeasure platforms contained in section 1046 of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91) to include concurrence by the Director of
Operational Test and Evaluation.

[[Page H6653]]

The House bill contained no similar provision.
The House recedes.
Extension of authority for reimbursement of expenses for
certain Navy mess operations afloat (sec. 1028)
The Senate amendment contained a provision (sec. 1024) that
would further amend section 1014(b) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417), as most recently amended by section
1023(a) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92), by striking September 30,
2020, and inserting September 30, 2025, thereby extending the
Secretary of Defense's authority to fund the cost of meals
for non-military personnel on U.S. naval and naval auxiliary
vessels.
The House bill contained no similar provision.
The House recedes.
Working group on stabilization of Navy shipbuilding
industrial base workforce (sec. 1029)
The Senate amendment contained a provision (sec. 1026) that
would establish a shipbuilding industrial base working group.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Limitation on naval force structure changes (sec. 1030)
The House bill contained a provision (sec. 1029) that would
prohibit the retirement of any Navy ship in fiscal year 2021
until 30 days after the date on which the Secretary of
Defense has delivered the Integrated Naval Force Structure
Assessment to the congressional defense committees.
The Senate amendment contained no similar provision.
The Senate recedes.

Subtitle D--Counterterrorism

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.
1041)
The Senate amendment contained a provision (sec. 1031) that
would extend until December 31, 2021, the prohibition on the
use of funds provided to the Department of Defense to
transfer or release individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to the United States.
The House bill contained no similar provision.
The House recedes.
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. 1042)
The Senate amendment contained a provision (sec. 1032) that
would extend until December 31, 2021, the prohibition on the
use of funds provided to the Department of Defense to
construct or modify facilities in the United States to house
detainees transferred from United States Naval Station,
Guantanamo Bay, Cuba.
The House bill contained no similar provision.
The House recedes.
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.
1043)
The House bill contained a provision (sec. 1031) that would
prohibit the use of funds authorized to be appropriated or
otherwise made available to the Department of Defense, during
the period beginning on the date of the enactment of this Act
and ending on December 31, 2021, to transfer or release
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to Libya, Somalia, Syria, and Yemen.
The Senate amendment contained a similar provision (sec.
1033).
The Senate recedes.
Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station,
Guantanamo Bay, Cuba (sec. 1044)
The Senate amendment contained a provision (sec. 1034) that
would extend through fiscal year 2021 the prohibition on the
use of funds provided to close or abandon United States Naval
Station, Guantanamo Bay, Cuba; to relinquish control of
Guantanamo Bay to the Republic of Cuba; or to implement a
material modification to the Treaty between the United States
of America and Cuba signed at Washington, D.C., on May 29,
1934, which modification would constructively close United
States Naval Station, Guantanamo Bay.
The House bill contained no similar provision.
The House recedes.

Subtitle E--Miscellaneous Authorities and Limitations

Support of special operations to combat terrorism (sec. 1051)
The House bill contained a provision (sec. 1041) that would
modify section 127e of title 10, United States Code, by
establishing procedural requirements for the planning,
development, and cessation of activities under such
authority, and clarifying notification requirements for both
the modification and termination of extant activities under
such authority.
The Senate amendment contained no similar provision.
The Senates recedes with an amendment that would make
various modifications to the notification requirements as
well as include a construction of authority.
The conferees expect the Department to keep the
congressional defense committees fully and currently informed
regarding the use of the authority found in section 127e of
title 10, United States Code. While the authority includes a
number of requirements for formal notifications at specified
thresholds, the conferees require more detailed and frequent
updates on the use of the authority that do not trigger
formal notification requirements or fall between specified
reporting periods. The conferees believe the delivery of such
critical information updates can be provided informally to
ensure timely congressional awareness. Further, conferees
also emphasize that such information requirements include,
but are not limited to, significant operations, modifications
to the fiscal amount or operational or advisory type of
support provided, as well as any plans to terminate or
transition a partner force supporting U.S. special operations
forces in executing counterterrorism missions.
Therefore, not later than 30 days after the date of the
enactment of this Act, the conferees direct the Secretary of
Defense to develop and brief the congressional defense
committees on the processes to be used by the Department to
ensure the committees remain fully and currently informed of
such developments outside of formal notifications and
specified reporting requirements regarding the use of the
authority found in section 127e of title 10, United States
Code.
Expenditure of funds for Department of Defense clandestine
activities that support operational preparation of the
environment (sec. 1052)
The Senate amendment contained a provision (sec. 1042) that
would authorize the Secretary of Defense to expend up to
$15.0 million 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.
The House bill contained no similar provision.
The House recedes with an amendment that would increase the
amount of expenditures for which the Secretary of Defense may
not delegate the authority from $100,000 to $250,000.
Sale or donation of excess Department of Defense personal
property for law enforcement activities (sec. 1053)
The Senate amendment contained provisions (secs. 1041 and
1054) that would amend section 2576a of title 10, United
States Code, to permit the transfer of excess property, to
include high-water vehicles, for use in disaster-related
emergency preparedness activities. The provisions would also
amend section 2576a of title 10, United States Code, to
require additional training of recipient agency personnel.
The House bill contained no similar provisions.
The House recedes.
Prohibition on retirement of nuclear powered aircraft
carriers before first refueling (sec. 1054)
The House bill contained a provision (sec. 1042) that would
amend section 8062 of title 10, United States Code, by
prohibiting the retirement of any aircraft carrier prior to
its first reactor refueling.
The Senate amendment contained no similar provision.
The Senate recedes.
Reauthorization of National Oceanographic Partnership Program
(sec. 1055)
The House bill contained a provision (sec. 1744) that
would amend chapter 893 of title 10, United States Code, on
the National Oceanographic Partnership Program. This section
would also establish an Ocean Policy Committee and require
the Committee to provide an annual report and briefing to the
Committees on Armed Services of the Senate and the House of
Representatives; the Committee on Commerce, Science, and
Transportation of the Senate; the Committee on Natural
Resources of the House of Representatives; and the Committee
on Science, Space, and Technology of the House of
Representatives by March 1 of each year on the National
Oceanographic Partnership Program.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Modification and technical correction to Department of
Defense authority to provide assistance along the
southern land border of the United States (sec. 1056)
The House bill contained a provision (sec. 1044) that
would modify the authority under section 1059 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92) to require the Secretary of Defense to ensure that
the provision of assistance for securing the southern land
border of the United States will not negatively affect
military training, operations, readiness, or other military
requirements and that the tasks associated with the support
provided align with the mission or occupational specialty of
any members of the Armed Forces that are deployed. This
provision would also add a new notification requirement to
the Congress and modify the reporting requirements related to
the support the Department provides along the southern land
border.
The Senate amendment contained no similar provision.

[[Page H6654]]

The Senate recedes with a clarifying amendment on the
requirement for the provision of assistance, congressional
notification, and reporting elements.
Limitation on use of funds for retirement of A-10 aircraft
(sec. 1057)
The House bill contained a provision (sec. 1047) that would
prohibit the Secretary of the Air Force from retiring,
preparing to retire, or placing in storage or on back-up
aircraft inventory status any A-10 aircraft during fiscal
year 2021.
The Senate amendment contained a similar provision (sec.
155) that would require the Secretary of Defense to not
divest or retire any A-10 aircraft during fiscal year 2021.
The Senate recedes with a clarifying amendment.
The conferees expect the Secretary of the Air Force to
fully comply with the limitations and requirements contained
in sections 134 and 135 of the National Defense Authorization
Act for Fiscal Year for Fiscal Year 2017 (Public Law 114-328)
to ensure capability and capacity is preserved to counter
violent extremism and provide close air support and combat
search and rescue in accordance with the National Defense
Strategy.
Considerations relating to permanently basing United States
equipment or additional forces in host countries with at-
risk vendors in 5G or 6G networks (sec. 1058)
The House bill contained a provision (sec. 1051) that would
require the Secretary of Defense, prior to basing a major
weapons system or additional permanently assigned forces to a
host country with at-risk 5th generation (5G) or sixth
generation (6G) wireless network equipment, software, and
services, to take into consideration and notify the
congressional defense committees about the risks and steps
being taken by the host country to mitigate potential risks,
including defense mutual agreements between the host country
and the United States intended to allay the costs of risk
mitigation. It would also require the Secretary of Defense to
provide the congressional defense committees an assessment of
the risks posed by the current or intended 5G or 6G
telecommunications architecture in host countries and
measures required to mitigate such risks.
The Senate amendment contained a similar provision (sec.
6046).
The Senate recedes with a technical amendment.
Public availability of Department of Defense legislative
proposals (sec. 1059)
The House bill contained a provision (sec. 1006) that would
require the Secretary of Defense to make Department of
Defense (DOD) legislative proposals publicly available on a
DOD website not later than 7 days after transmission of such
proposals to the Committees on Armed Services of the Senate
and the House of Representatives.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to make official DOD legislative
proposals publicly available on a DOD website not later than
21 days after such proposals are transmitted to the
Committees on Armed Services of the Senate and the House of
Representatives.
Arctic planning, research, and development (sec. 1060)
The Senate amendment contained a provision (sec. 1045) that
would require the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff to begin planning and implementing
changes that may be necessary for requirements, training,
equipment, doctrine, and capability development of the Armed
Forces should an expanded role of the Armed Forces in the
Arctic be determined to be in the national security interests
of the United States.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Authority to establish a movement coordination center Pacific
in the Indo-Pacific region (sec. 1061)
The House bill contained a provision (sec. 1757) that
would authorize the Secretary of Defense, with the
concurrence of the Secretary of State, to establish a
Movement Coordination Center Pacific and participate in an
Air Transport and Air-to-Air refueling and other Exchanges of
Services program of the Center.
The Senate amendment contained a similar provision (sec.
1256).
The Senate recedes with a clarifying amendment.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees, not later
than March 1, 2021, that contains:
(1) A summary of the coordination structure of the center
and program, and details related to its formation and
implementation;
(2) A list of the military services, by country,
participating or seeking to participate in the program;
(3) For each country on the list under paragraph (2), a
description of completed agreements and those still to be
completed with host nations, as applicable; and
(4) Any other relevant matters that the Secretary
determines should be included.
Limitation on provision of funds to institutions of higher
education hosting Confucius Institutes (sec. 1062)
The House bill contained a provision (sec. 1797) that would
prohibit an institution of higher education or other
postsecondary educational institution from being eligible to
receive federal funds from the Department of Defense, other
than educational assistance funds that are provided directly
to students, unless the institution submits any contract or
agreement between the institution and a Confucius Institute
to the National Academies of Sciences, Engineering, and
Medicine, and the National Academies of Sciences,
Engineering, and Medicine issues a written determination that
the contract or agreement includes clear provisions that
protect academic freedom at the institution, prohibit the
application of any foreign law on any campus of the
institution, and grant full managerial authority of the
Confucius Institute to the institution, including full
control over what is being taught, the activities carried
out, the research grants that are made, and who is employed
at the Confucius Institute.
The Senate amendment contained a similar provision (sec.
1090).
The Senate recedes with a clarifying amendment.
The conferees believe that the academic liaison established
in this section should manage the waiver process. The waivers
should include that the institution of higher education has
taken steps to:
(1) Protect academic freedom at the institution;
(2) Prohibit the application of any foreign law on any
campus of the institution;
(3) Grant full managerial authority of the Confucius
Institute to the institution, including full control over
what is being taught, the activities carried out, the
research grants that are made, and who is employed at the
Confucius Institute; and
(4) Engage with the Academic Liaison Officer in the Under
Secretary of Defense for Research and Engineering, and take
appropriate measures to safeguard defense-funded fundamental
research activities.
The Department of Defense academic liaison should work with
academic stakeholders to the extent possible in implementing
this provision and in the creation of a certification
process.
The conferees direct the Secretary of Defense to brief the
congressional defense committees on the establishment of the
waiver process, including the institutions for which the
waiver has been invoked, within 180 days after the enactment
of this Act.
Support for national maritime heritage grants program (sec.
1063)
The House bill contained a provision (sec. 1777) that would
allow the Secretary of Defense to contribute up to $5.0
million to support the National Maritime Heritage Grants
Program.
The Senate amendment contained no similar provision.
The Senate recedes.
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 (sec. 1064)
The House bill contained a provision (sec. 1055) that would
amend section 253 of title 10, United States Code to require
Federal civilian law enforcement officers to display his/her
name and agency of employment on his/her uniform or clothing
while engaged in such activities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
chapter 41 of title 10, United States Code, to require each
member of a Federal law enforcement agency, the Armed Forces,
or National Guard who provides support to Federal authorities
to respond to a civil disturbance to display visibly: (1) The
individual's name or other identifier unique to that
individual; and (2) The name of the Federal law enforcement
agency, Armed Force, or other organization by which such
individual is employed or of which such individual is a
member. The provision would exempt from these requirements
individuals or members who do not wear a uniform or other
distinguishing clothing or equipment in the regular
performance of official duties or who are engaged in
undercover operations in the regular performance of their
official duties.

Subtitle F--Studies and Reports

FFRDC study of explosive ordnance disposal agencies (sec.
1071)
The House bill contained a provision (sec. 1702) that would
direct the Secretary of Defense to enter into an arrangement
with a federally funded research and development center to
conduct a study that identifies and evaluates the roles and
responsibilities of the military services involved in the
Explosive Ordnance Disposal program. Additionally, the
provision would require the Secretary to submit a report on
the findings of the study to the congressional defense
committees not later than August 31, 2021.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Study on force structure for Marine Corps aviation (sec.
1072)
The Senate amendment contained a provision (sec. 1063) that
would require the Secretary of Defense to provide for the
performance of three separate studies on the force structure
for Marine Corps aviation through 2030.
The House bill contained no similar provision.

[[Page H6655]]

The House recedes with an amendment that would require the
Secretary of Defense to perform one study on the force
structure for Marine Corps aviation through 2030 and submit
the results of the study to the congressional defense
committees not later than September 1, 2021.
Report on joint training range exercises for the Pacific
region (sec. 1073)
The House bill contained a provision (sec. 1704) that would
require a report containing a plan to integrate combined,
joint, and multi-domain training and experimentation in the
Pacific region to test operational capabilities and weapon
systems, validate joint operational concepts, and integrate
allied and partner countries into national-level exercises.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Reports on threats to United States forces from small
unmanned aircraft systems worldwide (sec. 1074)
The Senate amendment contained a provision (sec. 953) that
would express the sense of Congress that: (1) United States
military forces face an ever increasing and constantly
evolving threat from small unmanned aerial systems in
operations worldwide, whether in the United States or abroad;
and (2) The Department of Defense is already doing important
work to address the threats from small unmanned aerial
systems worldwide but the need for engagement in that area
continues.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Under Secretary of Defense (Comptroller) reports on improving
the budget justification and related materials of the
Department of Defense (sec. 1075)
The Senate amendment contained a provision (sec. 6001) that
would require the Under Secretary of Defense (Comptroller) to
submit annually through 2025 a report to the congressional
defense committees on proposed ideas for modernizing
congressional budget justification materials.
The House bill contained no similar provision.
The House recedes.
Quarterly briefings on Joint All Domain Command and Control
effort (sec. 1076)
The House bill contained a provision (sec. 1746) that would
require the Director of the Joint All Domain Command and
Control Cross Functional Team, in consultation with the Vice
Chairman of the Joint Chiefs of Staff and Chief Information
Officer of the Department of Defense, to provide to the
Committee on Armed Services of the House of Representatives
quarterly briefings on the progress of the Department's Joint
All Domain Command and Control concept.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would
require the Vice Chairman of the Joint Chiefs of Staff, the
Chief Information Officer of the Department of Defense, and a
senior military representative for each service to provide to
the Committees on Armed Services of the Senate and the House
of Representatives quarterly briefings on the progress of the
Department's Joint All Domain Command and Control concept.
Report on civilian casualty resourcing and authorities (sec.
1077)
The House bill contained a provision (sec. 1747) that would
require a report on the resources required to implement the
Department of Defense policy on civilian casualties in
connection with United States military operations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
elements of the required report.
The conferees commend the Department for progress made
towards allocating resources to address civilian casualty
matters. However, the conferees note that the initial
estimates provided in the report required by section 923 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) regarding resources required to implement
the civilian casualty policy of the Department of Defense
lack the specific detail required to appropriately and
accurately resource each geographic combatant command with
the necessary personnel and technology.
Therefore, in order to facilitate the fulfillment of the
requirements in section 936, the conferees direct the
Department to provide a report on current and projected
resources, inclusive of personnel and technology, required to
implement the civilian casualty policy of the Department of
Defense.
Comptroller General Review of Department of Defense efforts
to prevent resale of goods manufactured by forced labor
in commissaries and exchanges (sec. 1078)
The House bill contained a provision (sec. 1810) that would
direct the Secretary of Defense to issue rules to require
each company that produces or imports manufactured goods sold
in the military commissary and exchange systems to file an
annual report with the Secretary.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Comptroller General of the United States to 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.
Comptroller General report on Department of Defense processes
for responding to congressional reporting requirements
(sec. 1079)
The House bill contained a provision (sec. 1710J) that
would require the Comptroller General of the United States to
deliver a report to the Congress containing an analysis of
the Department of Defense processes for responding to
congressional reporting requirements.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add a
reference to another provision in the conference report that
requires the Department of Defense to assess its processes
and systems for responding to congressional reporting
requirements and recommend to the congressional defense
committees a path forward to modernize those processes and
systems.

Subtitle G--Other Matters

Technical, conforming, and clerical amendments (sec. 1081)
The House bill contained a provision (sec. 1741) that would
make a number of technical, conforming, and clerical
amendments of a non-substantive nature to existing law.
The Senate amendment contained no similar provision.
The Senate recedes with technical amendments.
Reporting on adverse events relating to consumer products on
military installations (sec. 1082)
The Senate amendment contained a provision (sec. 1048) that
would require the Secretary of Defense to ensure that any
adverse event that occurs on a military installation relating
to consumer products is reported on saferproducts.gov.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to promulgate guidance that encourages
the reporting of any adverse event that occurs on a military
installation relating to consumer products is reported on
saferproducts.gov.
The Secretary of Defense shall brief the Committees on
Armed Services of the Senate and House of Representatives 180
days after the date of the enactment of this Act on the
guidance given to the Secretaries of the military departments
regarding the reporting of adverse events relating to
consumer products.
Modification to First Division monument (sec. 1083)
The House bill contained a provision (sec. 627) that would
authorize modifications to the First Division Monument
located on Federal land in President's Park in the District
of Columbia in order to honor the members of the First
Infantry Division who paid the ultimate sacrifice during
United States operations, including Operation Desert Storm,
Operation Iraqi Freedom and New Dawn, and Operation Enduring
Freedom.
The Senate amendment contained a similar provision (sec.
6081).
The House recedes with a technical amendment.
Sense of Congress regarding reporting of civilian casualties
resulting from United States military operations (sec.
1084)
The House bill contained a provision (sec. 1748) that would
express the sense of Congress regarding measures taken to
prevent, mitigate, track, investigate, learn from, respond
to, and report civilian casualties resulting from U.S.
military operations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that makes
modifications to the sense of Congress.
Deployment of real-time status of special use airspace (sec.
1085)
The House bill contained a provision (sec. 1750) that would
require the Administrator of the Federal Aviation
Administration, in consultation, as appropriate, with the
Secretary of Defense and the heads of the military services,
including the National Guard and Air National Guard, and
other appropriate Federal agencies, to initiate, not later
than 180 days after the date of the enactment of this Act, a
program to enable public dissemination of information.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
The conferees direct the Secretary of Defense to submit a
report regarding air space utilization 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, not later than 180 days after
the date of the enactment of this Act. The report shall:
(1) Describe whether the Department of Defense has
submitted the utilization reports required under section
73.19 of title 14, Code

[[Page H6656]]

of Federal Regulations for the prior fiscal year, and, if so,
to what extent such reports have been submitted; and
(2) Provide, if the Secretary discovers that all such
reports have not been submitted in a timely and complete
manner--(a) an explanation for the failure to submit any such
reports in the manner prescribed by regulation; and (b) a
plan to ensure the timely and complete submission of all such
reports.
Duties of Secretary under uniformed and overseas citizens
absentee voting act (sec. 1086)
The House bill contained a provision (sec. 1751) that would
require the Secretary of Defense to take actions as necessary
to ensure absent uniformed services voters who are absent
from the United States by reason of Active Duty or service at
a diplomatic and consular post are able to receive and
transmit balloting materials in the same manner as a
uniformed services voter absent by reason of Active Duty or
service at a military installation.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to take actions that are necessary,
feasible, and practical to ensure a servicemember stationed
at an overseas diplomatic or consular post is able to receive
and transmit balloting materials in the same manner as a
servicemember stationed at an overseas military installation.
Mitigation of military helicopter noise (sec. 1087)
The House bill contained a provision (sec. 1765) that would
require the Secretary of Defense mitigate helicopter noise,
and receive, track, and analyze complaints on an ongoing
basis from individuals in the National Capital Region.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
The conferees believe that, in addition to use of the
public website, the Secretary of Defense should take steps to
convene community noise roundtables in the National Capital
Region to facilitate meetings, at least twice per year, along
with the Metropolitan Washington Airports Authority, for the
purpose of discussing and identifying trends in community
noise complaints associated with helicopter operations in the
National Capital Region.
Furthermore, the conferees direct that not later than 6
months after the date of enactment of this Act, the Secretary
of Defense, in coordination with the Secretaries of the
military departments, shall provide a briefing to the
Committees on Armed Services of the Senate and House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Transportation and
Infrastructure Committee of the House of Representatives.
The briefing shall address the coordination occurring
between the Metropolitan Washington Airports Authority and
Federal agencies and the proposed way-ahead for the use of
the existing noise inquiry websites, and other such
actions taken by the Secretary of Defense related to
helicopter noise concerns in the National Capital Region.
Congressional expression of support for the designation of
National Borinqueneers Day (sec. 1088)
The House bill contained a provision (sec. 1775) that would
express the sense of Congress for support of the designation
of ``National Borinqueneers Day,'' recognizing the bravery,
service, and sacrifice of the Puerto Rican soldiers of the
65th Infantry Regiment.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would express
support for the designation of ``National Borinqueneers
Day.''
The conferees applaud the extraordinary service of the 65th
Infantry Regiment in World War I, when the unit was still
designated the ``Puerto Rico Regiment of Infantry,'' in World
War II in North Africa and Europe, and in South Korea when
the nickname the ``Borinqueneers'' was created. The conferees
recognize the bravery, service, and sacrifice of the Puerto
Rican soldiers of the 65th Infantry Regiment.
Ted Stevens Center for Arctic Security Studies (sec. 1089)
The House bill contained a provision (sec. 1811) that would
require, 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, to submit to the
congressional defense committees a plan to establish a
Department of Defense Regional Center for Security Studies
for the Arctic. The provision would also provide the
Secretary with the discretionary authority to establish and
administer such a Center following the submission of the
required plan.
The Senate amendment contained a similar provision (sec.
1208) that would require, 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, to submit a plan
to establish a Department of Defense Regional Center for
Security Studies for the Arctic. The provision would also
provide the Secretary with the discretionary authority to
establish and administer such a Center following the
submission of the required plan.
The House recedes with an amendment that would make
modifications to the elements of the required plan and the
authority for the Secretary of Defense to establish the
Center.
Consistent with the assessment required by subsection
(a)(2)(D), the Secretary may consider Alaska as a potential
location for the establishment of the Center.
Establishment of vetting procedures and monitoring
requirements for certain military training (sec. 1090)
The House bill contained a provision (sec. 1758) that would
require the Secretary of Defense to establish procedures to
vet covered individuals for eligibility for physical access
to Department of Defense installations and facilities within
the United States not later than 90 days after the date of
enactment of this Act. It would also require a report on the
implementation and effects of this section.
The Senate amendment contained a similar provision (sec.
1047).
The Senate recedes with an amendment that would make
modifications to the requirement for establishment of vetting
procedures, additional security measures, and the associated
reporting requirements.
Personal protective equipment matters (sec. 1091)
The House bill contained a provision (sec. 1046) that would
require the Secretaries of the military departments to each
submit a report on the fielding of the newest generations of
personal protective equipment (PPE) to the Armed Forces and a
description and assessment of the barriers, if any, to the
development and fielding of such generations of equipment.
This section would also require the Director of the Defense
Health Agency to develop and maintain a system for tracking
data on injuries among servicemembers and for the Periodic
Health Assessment of members of the Armed Forces to include
one or more questions on whether members incurred an injury
in connection with ill-fitting or malfunctioning PPE.
The Senate amendment contained a similar provision (sec.
1082).
The House recedes with a technical amendment.

Legislative Provisions Not Adopted

Pandemic Preparedness and Resilience National Security Fund
The House bill contained a provision (sec. 1003) that would
establish a Pandemic Preparedness and Resilience National
Security Fund, authorize the appropriation of $1.0 billion
for that fund, and authorize the transfer of amounts in that
fund for execution elsewhere at the Department of Defense,
subject to certain restrictions.
The Senate amendment contained no similar provision.
The House recedes.
Support for counterdrug activities and activities to counter
transnational organized crime affecting flow of drugs
into the United States
The House bill contained a provision (sec. 1011) that would
modify section 284 of title 10, United States Code, regarding
the authority to provide support to other agencies for
counterdrug activities and activities to counter
transnational organized crime.
The Senate amendment contained no similar provision.
The House recedes.
Codification of authority for joint task forces of the
Department of Defense to support law enforcement agencies
conducting counterterrorism or counter-transnational
organized crime activities
The Senate amendment contained a provision (sec. 1011) that
would establish a new section 285 in title 10, United States
Code, to codify section 1022 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136),
as most recently amended by section 1022 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), which authorizes the expenditure of funds from the
drug interdiction and counter-drug activities account to
enable joint task forces that support law enforcement
agencies conducting counter-drug activities to also provide
support to law enforcement agencies conducting
counterterrorism or counter-transnational organized crime
activities. The provision would also eliminate the geographic
limitations on the use of the authority to better reflect the
global nature of the threat.
The House bill contained no similar provision.
The Senate recedes.
Sense of Congress on actions necessary to achieve a 355-ship
Navy
The Senate amendment contained a provision (sec. 1025) that
would express the sense of Congress on actions necessary to
implement the national policy of the United States to have
available, as soon as practicable, not fewer than 355 battle
force ships.
The House bill contained no similar provision.
The Senate recedes.
Prohibition on use of funds for retirement of certain
littoral combat ships
The House bill contained a provision (sec. 1027) that would
prohibit the Secretary of the Navy from retiring LCS-3 and
LCS-4 until the Secretary has submitted a certification that
all operational tests have been completed on all mission
modules.
The Senate amendment contained no similar provision.
The House recedes.
Report on implementation of Commandant's Planning Guidance
The House bill contained a provision (sec. 1028) that would
require the Secretary of Defense to submit a report regarding
the implementation of the Commandant of the Marine Corps'
Planning Guidance.

[[Page H6657]]

The Senate amendment contained no similar provision.
The House recedes.
The conferees support the Commandant's Planning Guidance
and recognize the potential of the transformational
initiatives embodied in this approach. The conferees believe
that better Marine Corps integration with the Navy is
essential to operating in a denied environment as a stand-in
force. The conferees further believe it is essential for the
Marine Corps to reduce the overall weight of force elements
and return to a more expeditionary, temporal posture that is
more agile and decisively lethal.
To better examine Marine Corps future force structure and
Navy integration requirements to support this effort, the
conferees direct the Secretary of the Navy to submit a report
to the congressional defense committees not later than March
1, 2021, that provides a detailed description of each of the
following:
(1) The specific number and type of manned littoral ships
required to execute such Guidance;
(2) The role of unmanned surface vessels (USVs),
particularly long-range USVs, in the execution of such
Guidance;
(3) How platforms referred to in paragraphs (1) and (2)
interact with ground-based Marine Corps units, including
cruise missile units, deployed throughout the Indo-Pacific
region;
(4) The integrated naval command and control architecture
required to support the platforms referred to in paragraphs
(1), (2) and (3); and
(5) The projected cost and any additional resources
required to deliver the platforms and capabilities described
in paragraphs (1) through (4) by not later than 5 years after
the date of the enactment of this Act.
This report shall be submitted in unclassified form but may
contain a classified annex. The unclassified report shall be
made publicly available.
Annual report on use of social media by foreign terrorist
organizations
The House bill contained a provision (sec. 1032) that would
require the Secretary of Defense, in consultation with the
Secretary of State, to submit to specified congressional
committees an annual report on the use of online social media
platforms by entities designated as foreign terrorist
organizations and an assessment of the threat posed to the
national security of the United States by the online
radicalization of terrorists and violent extremists.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
coordination with the Secretary of State, to submit a report
to the Committees on Armed Services of the Senate and the
House of Representatives and the Committee on Foreign Affairs
the House of Representatives and the Committee on Foreign
Relations the Senate a report on the use of social media by
foreign terrorist organizations as designated by the
Department of State. The report shall include:
(1) An assessment of the use of online social media
platforms by such foreign terrorist organizations for
recruitment, fundraising, and the dissemination of
information; and
(2) An assessment of the threat posed to the national
security of the United States by the online radicalization.
The conferees note that the mission of the Global
Engagement Center (GEC) of the Department of State is to
direct, lead, synchronize, integrate, and coordinate efforts
of the Federal Government to recognize, understand, expose,
and counter foreign state and non-state propaganda and
disinformation efforts aimed at undermining or influencing
the policies, security, or stability of the United States,
its allies, and partner nations. The conferees believe the
GEC provides unique insight and capabilities to track and
understand the use of social media by terrorist organizations
and encourages the Secretary to coordinate closely with the
GEC in the preparation of the required report.
Clarification of authority of military commissions under
chapter 47A of title 10, United States Code, to punish
contempt
The Senate amendment contained a provision (sec. 1043) that
would amend subchapter IV of chapter 47A of title 10, United
States Code, to permit a judge of the United States Court of
Military Commission Review or a military judge detailed to a
military commission to punish contempt. The provision also
would provide that the punishment for contempt may not exceed
confinement for 30 days, a fine of $1,000, or both, and would
establish the conditions under which punishment for contempt
is reviewable.
The House bill contained no similar provision.
The Senate recedes.
Prohibition on actions to infringe upon First Amendment
rights of peaceable assembly and petition for redress of
grievances
The Senate amendment contained a provision (sec. 1044) that
would prohibit the use of amounts authorized to be
appropriated by this Act for any program, project, or
activity, or for any use of personnel to conduct actions
against United States citizens that infringe upon their
rights under the First Amendment of the Constitution
peaceably to assemble and/or to petition the Government for a
redress of grievances.
The House bill contained no similar provision.
The Senate recedes.
Battlefield airborne communications node certification
requirement
The House bill contained a provision (sec. 1045) would
require the Secretary of the Air Force take no action that
would prevent the Air Force from maintaining or operating the
fleets of EQ-4 aircraft in the configurations and
capabilities in effect on the date of the enactment of this
Act, or in improved configurations and capabilities, prior to
the submission of particular certifications and analysis to
the congressional defense committees.
The Senate amendment contained no similar provision.
The House recedes.
The conferees remain concerned regarding the potential
decrease in airborne network communications capacity and
capability resulting from the Air Force decision to divest
EQ-4B platforms, and the impacts this could have on the
geographical combatant commands, specifically U.S. Central
Command. Therefore, the conferees expect the Secretary of the
Air Force, in coordination with the associated U.S. air
component commanders for each relevant geographical combatant
command areas of responsibility, to provide equal or greater
capability and capacity for battlefield airborne
communications and networking, noting the Secretary's planned
inventory quantity increases of manned E-11 aircraft systems
that was similarly provided by both the unmanned EQ-4B and
the E-11A aircraft systems combined.
Consideration of security risks in certain telecommunications
architecture for future overseas basing decisions of the
Department of Defense
The Senate amendment contained two provisions (sec. 1046
and sec. 6046) that would require the Secretary of Defense to
take security risks posed by at-risk vendors such as Huawei
and ZTE into account when making overseas stationing
decisions.
The House bill contained no similar provision.
The Senate recedes.
The conferees note the importance of consideration of
telecommunications architecture while making overseas
stationing decisions is addressed elsewhere in this report.
Limitation on use of funds pending public availability of
top-line numbers of deployed members of the Armed Forces
The House bill contained a provision (sec. 1049) that would
limit the availability of specified funds authorized to be
appropriated for fiscal year 2020 for the Office of the
Secretary of Defense until the date on which the Secretary
makes publicly available the top-line numbers of deployed
members of the Armed Forces pursuant to section 595 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232).
The Senate amendment contained no similar provision.
The House recedes.
Inclusion of United States Naval Sea Cadet Corps among youth
and charitable organizations authorized to receive
assistance from the National Guard
The Senate amendment contained a provision (sec. 1049) that
would amend section 508 of title 32, United States Code, to
add the United States Navy Sea Cadet Corps to the list of
organizations authorized to receive assistance from the
National Guard.
The House bill contained no similar provision.
The Senate recedes.
Limitation on physical move, integration, reassignment, or
shift in responsibility of Marine Forces Northern Command
The House bill contained a provision (sec. 1050) that would
prohibit the Secretary of Defense from taking any action to
execute the physical move, integration, reassignment, or
shift in responsibility of the Marine Forces Northern Command
until 60 days after submitting a detailed report on the
proposed action.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the report required in sec. 1050 in
the House bill was submitted to the Congress.
Sense of Congress on the basing of KC-46A aircraft outside
the contiguous United States
The Senate amendment contained a provision (sec. 1051) that
would articulate the sense of Congress on what the Secretary
of the Air Force should consider during the strategic basing
process for the KC-46A aircraft outside the continental
United States.
The House bill contained no similar provision.
The Senate recedes.
The conferees remain concerned of the continuous delays on
the projected plan for strategic basing of the KC-46A
aircraft outside the continental United States.
Curtailing Insurrection Act violations of individuals'
liberties
The House bill contained a provision (sec. 1052) that
would amend sections 251, 252, and 253 of title 10, United
States Code, to require that prior to invoking the
Insurrection Act, the President and the Secretary of Defense
must certify to the Congress that a State is unable or
unwilling to suppress an insurrection or domestic violence,
or that the State concerned is unable or unwilling to
suppress an unlawful rebellion against the authority

[[Page H6658]]

of the United States; provide ``demonstrable evidence'' of
same; and detail the mission, scope, and duration of the
proposed use of members of the Armed Forces. Further, the
provision would require the President, in every possible
instance, to consult with the Congress before invoking the
Insurrection Act. Finally, the provision would prohibit
direct participation by military personnel in a search,
seizure, arrest, or similar activity, unless expressly
authorized by law.
The Senate amendment contained no similar provision.
The House recedes.
Inclusion of explosive ordnance disposal in special
operations activities
The House bill contained a provision (sec. 1054) that would
amend section 167(k) of title 10, United States Code, by
adding explosive ordnance disposal to the list of special
operations activities.
The Senate amendment contained no similar provision.
The House recedes.
Limitation on deactivation, unmanning, or selling of Army
watercraft assets pending comprehensive analysis of
mobility requirements and capabilities
The House bill contained a provision (sec. 1056) that would
extend and modify the limitation on use of funds for the
inactivation of Army watercraft units in section 1058 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that section 1058 of the National
Defense Authorization Act for Fiscal Year 2020 required the
Secretary of Defense to enter into a contract with a
federally funded research and development center for the
review of the Army's ability to meet the watercraft
requirements of the combatant commanders and the effects on
preparedness to provide support to States and Territories in
connection with natural disasters, threats, and emergencies.
The conferees further note that the Secretary anticipates
that this study will be complete in the summer of 2022.
Therefore, the conferees direct the Secretary of Defense to
provide the congressional defense committees an interim
briefing on the federally funded research and development
center's findings by March 1, 2021. In addition to this
interim briefing, the conferees direct the Secretary to
provide not later than 60 days after the enactment of this
Act the following: (1) The Army Watercraft future force
laydown by unit and location; (2) Required support to
implement the future force laydown; (3) Personnel gaps at the
time of the briefing; and (4) Efforts the Secretary intends
to use to close these personnel gaps.
Study on unemployment rate of female veterans who served on
active duty in the Armed Forces after September 11, 2001
The Senate amendment contained a provision (sec. 1064) that
would require the Secretary of Veterans Affairs to conduct a
study of post-9/11 female veteran unemployment.
The House bill contained no similar provision.
The Senate recedes.
Report on the Chemical and Biological Defense Program of the
Department of Defense
The Senate amendment contained a provision (sec. 1066) that
would require, not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense to submit to
the congressional defense committees a report on the Chemical
and Biological Defense Program of the Department of Defense.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct that not later than 120 days 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 classified report with an
unclassified summary on the Chemical and Biological Defense
Program of the Department of Defense. The report shall
include:
(1) A description of the role of the Chemical and
Biological Defense Program within the 2018 National Defense
Strategy;
(2) A description and assessment of the threats the
Chemical and Biological Defense Program is designed to
address;
(3) An assessment of the capacity of current Chemical and
Biological Defense Program infrastructure to accomplish their
missions if funding levels for the Program are reduced;
(4) An estimate of the length of time required to return
the Chemical and Biological Defense Program to its current
capacity if funding levels reduced for the Program as
described in paragraph (3) are restored;
(5) An assessment of the threat posed to members of the
Armed Forces as a result of a reduction in testing of gear
for field readiness by the Chemical and Biological Defense
Program by reason of reduced funding levels for the Program;
(6) A description and assessment of the necessity of Non-
Traditional Agent Defense Testing under the Chemical and
Biological Defense Program for Individual Protection Systems,
Collective Protection Systems, field decontamination systems,
and chemical agent detectors; and
(7) Any other matters deemed relevant by the Secretary.
Department of Defense strategic Arctic ports
The Senate amendment contained a provision (sec. 1081) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on the updated
assessment of the estimated cost of constructing,
maintaining, and operating a strategic port in the Arctic at
each potential site evaluated pursuant to section 1752(b) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit to
the congressional defense committees not later than March 1,
2021, a report setting forth an updated assessment of the
estimated cost of constructing, maintaining, and operating a
strategic port in the Arctic at each potential site evaluated
in the report pursuant to section 1752(b) of the National
Defense Authorization Act for Fiscal Year 2020. The report
shall include, for each potential site, an estimate of the
number of days per year that such port would be usable by
vessels of the Navy and the Coast Guard. The Secretary of
Defense may, in consultation with others, designate one or
more ports identified in the report as Department of Defense
Strategic Arctic Ports.
The conferees note that the similar report, pursuant to
section 1752(b) of the National Defense Authorization Act for
Fiscal Year 2020, which was due in June 2020 still has not
been submitted to the congressional defense committees.
Sense of Senate on Gold Star Families Remembrance Week
The Senate amendment contained a provision (sec. 1085) that
would express the sense of the Senate that the week of
September 20 through September 26, 2020 is designated as
``Gold Star Families Remembrance Week'' to honor and
recognize the sacrifices made by the families of
servicemembers who gave their lives to defend freedom and
encourage the observation of ``Gold Star Families Remembrance
Week'' by performing acts of service and good will in each
community and by celebrating the lives of those who have made
the ultimate sacrifice so that others could continue to enjoy
life, liberty, and the pursuit of happiness.
The House bill contained no similar provision.
The Senate recedes.
Review of support of special operations to combat terrorism
The House bill contained a provision (sec. 1701) that would
direct the Comptroller General of the United States to
conduct a comprehensive review of the history, currency,
processes and procedures for transitioning or terminating the
programs provided by such authority, and the potential future
use of the authority under section 127e of title 10, United
States Code, in continued support of special operations to
combat terrorism.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the United
States to conduct a review of support provided pursuant to
section 127e of title 10, United States Code, and provide,
not later than 180 days after the date of enactment of this
Act, a report on the findings of such review to the
Committees on Armed Services of the Senate and the House of
Representatives. The review shall include an assessment of:
(1) The strategic alignment between support provided or
planned to be provided pursuant to such authority and
relevant Executive Orders, global campaign plans, theater
campaign plans, execute orders, and other guiding documents;
(2) United States Special Operations Command's (SOCOM)
processes and procedures to manage, integrate, and
synchronize such activities;
(3) SOCOM's processes and procedures to assess such
activities against measures of effectiveness;
(4) SOCOM's processes and procedures to manage the sunset,
termination, or transition of such activities;
(5) SOCOM's processes and procedures to report to the
Congress biannually on such matters and notify the Congress
with respect to the intent to sunset, terminate, or
transition activities carried out pursuant to such authority;
and
(6) Any other issues the Comptroller General determines
appropriate.
Report on the Human Rights Office at United States Southern
Command
The House bill contained a provision (sec. 1703) that would
express the sense of Congress regarding the role of the Human
Rights Office at the United States Southern Command
(SOUTHCOM) and require that the Secretary of Defense provide,
not later than 90 days after the date of enactment of this
Act, a report to the congressional defense committees on the
activities and associated resourcing requirements of the
Office.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that the promotion of human rights
and the protection of civilians is in the strategic interests
of the Department of Defense and believes that the Human
Rights Office at SOUTHCOM plays an important role in
supporting these efforts in the SOUTHCOM area of
responsibility. The conferees, however, are concerned that
resourcing challenges are impacting the ability of the Human
Rights Office to fulfill its mission and to meet the demands
of our partners in the region. Therefore, the conferees
direct the Commander of SOUTHCOM

[[Page H6659]]

to provide a briefing to the Committees on Armed Services of
the Senate and the House of Representatives as part of the
fiscal year 2022 budget request that identifies the
resourcing requirements of the Human Rights Office and a plan
to mitigate any resourcing shortfalls for the Human Rights
Office.
Sense of Congress and strategy on catastrophic critical
infrastructure failure response
The House bill contained a provision (sec. 1706) that would
express the sense of Congress that catastrophic critical
infrastructure events, regardless of whether they are caused
by natural or man-made events, constitute a significant
threat to national security and public welfare.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense has yet
to promulgate a holistic strategy for identifying and
addressing foreseeable risks from catastrophic critical
infrastructure failure events. Accordingly, the conferees
direct the Secretary of Defense to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives not later than December 15, 2021. The report
shall include at a minimum the following: (1) A description
of current policies, plans, and resources that have been
directed towards addressing catastrophic infrastructure
failure events; (2) Analysis of the gaps in these existing
plans and efforts that present risk to national security and
public welfare, to include gaps in authorities that prevent
full coverage of the risks posed by catastrophic critical
infrastructure failure; (3) The extent to which current plans
and policies address the risk posed by magnetic disturbance
or electromagnetic pulse events; and (4) Strategies to
increase preparedness for catastrophic critical
infrastructure failure events.
Report on recognition of African American servicemembers in
Department of Defense naming practices
The House bill contained a provision (sec. 1710B) that
would require the Secretary of Defense to submit to the
congressional defense committees, not later than 180 days
after the date of the enactment of this Act, a report
describing current Department of Defense naming conventions
for military installations, infrastructure, vessels, and
weapon systems; a list of such currently named after African
Americans who served in the Armed Forces; and an explanation
of the steps being taken to increase the number of military
installations, infrastructure, vessels, and weapon systems
named after deserving African American servicemembers.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide a
report to the Committee on Armed Services of the Senate and
the House of Representatives, not later than 180 days after
the date of the enactment of this Act, regarding the
recognition of African American and Native American
servicemembers in Department of Defense naming practices. At
minimum, the report should include the following elements:
(1) A description of current Department of Defense naming
conventions for military installations, infrastructure,
vessels, and weapon systems; (2) A list of all military
installations (including reserve component facilities),
infrastructure (including reserve component infrastructure),
vessels, and weapon systems that are currently named after
African Americans or Native Americans who served in the Armed
Forces; and (3) An explanation of the steps being taken to
recognize the service of African Americans and Native
Americans who have served in the Armed Forces with honor,
heroism, and distinction by increasing the number of military
installations, infrastructure, vessels, and weapon systems
named after such deserving members of the Armed Forces.
Report on transforming business processes for revolutionary
change
The House bill contained a provision (sec. 1710L) that
would require the Department of Defense to report on efforts
to implement recommendations from a 2015 Defense Business
Board study and provide alternative solutions for certain
items from those recommendations.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that other provisions of this Act direct
the Secretary of Defense to improve the efficient, effective,
and economical administration and operation of the
Department; to eliminate unnecessary redundancies; and to
incorporate these improvements into various planning
materials. The conferees emphasize the importance of a
strategic approach to these efforts and caution the
Department against arbitrary cuts to force structure or the
civilian workforce, as such actions could introduce serious
long-term risks.
Report on agile program and project management
The House bill contained a provision (sec. 1710N) that
would require a report on agile program and project
management.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Under Secretary of Defense for
Acquisition and Sustainment to direct the Acquisition
Innovation Research Center established by section 2361a of
title 10, United States Code, to study and develop policy
options and recommendations on how the Department of Defense
and the services can use agile program and project management
concepts in non-software acquisition programs.
The conferees expect the study to review all statutory
provisions enabling the use of agile program and project
management within the Department of Defense; evaluate the
implementation of statutory provisions enabling the use of
agile program and project management within the Department of
Defense and the services; evaluate the agile program and
project methodologies used within the Department of Defense
and the services; evaluate how agile program and project
methodologies have enabled efforts to prepare the Department
of Defense and the services for the future of work; evaluate
the enterprise scalability of the agile program and project
methodologies used within the Department of Defense and the
services, including how well agile methods are integrated
into the enterprise when used at scale; analyze the
impediments to the further adoption and enterprise
scalability of agile program and project management including
statutory impediments, as well as existing policy, guidance,
and instruction of the Department of Defense and the
services; analyze the impact of further adoption and
enterprise scalability of agile program and project
management on the future of work within the Department of
Defense and the services; and any other topics the Under
Secretary deems appropriate.
The conferees direct that the study, accompanied by an
assessment and plan for the Under Secretary to implement the
recommended policy options, if appropriate, should be
delivered to the congressional defense committees not later
than March 1, 2022.
Publicly available database of casualties of members of the
Armed Forces
The House bill contained a provision (sec. 1752) that would
require the Secretary of Defense to publish on a publicly
available website a database of all casualties of members of
the Armed Forces that occurred during military operations
that took place during 1990 or any subsequent year.
The Senate amendment contained no similar provision.
The House recedes.
Department of Defense support for certain sporting events
The House bill contained a provision (sec. 1766) that would
amend section 2564 of title 10, United States Code, to limit
support to certain sporting events to providing technical,
contracting, and specialized equipment.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the Department of Defense has broad
authority to provide support to the Olympics and other
sporting events provided certain requirements and
certifications are satisfied. The Department is encouraged to
submit a legislative proposal to the Congress if the existing
laws governing the Department's support of sporting events
require an update to ensure a safe and secure environment for
event participants and attendees.
Hemp products
The House bill contained a provision (sec. 1773) that would
prevent the Secretary of Defense from prohibiting the
possession, use, or consumption of a product containing hemp
or any ingredient derived from hemp, if the use or
consumption of such product or ingredient complies with
applicable Federal, state, and local laws.
The Senate amendment contained no similar provision.
The House recedes.
Integration of members of the Armed Forces who are minorities
The House bill contained a provision (sec. 1785) that would
require each Secretary of a military department to share
lessons learned and best practices regarding the integration
of members of the Armed Forces who identify as belonging to a
minority group, and strategically communicate progress in
this matter with the public.
The Senate amendment contained no similar provision.
The House recedes.
Protections for pregnant members of the Armed Forces
The House bill contained a provision (sec. 1787) that would
require the Secretary of a military department to develop
policies to ensure that the career of a servicemember is not
negatively affected by pregnancy.
The Senate amendment contained no similar provision.
The House recedes.
Release of Department of Defense documents on the 1981 El
Mozote massacre in El Salvador
The House bill contained a provision (sec. 1788) that would
require the Secretary of Defense, not more than 30 days after
the date of the enactment of this Act, to direct all Defense
agency bureaus, departments, agencies, and entities to
identify and release to Salvadoran judicial authorities,
including to the Salvadoran presiding judge investigating and
prosecuting the El Mozote massacre case, all materials that
might be relevant to the El Mozote massacre that occurred in
December of 1981.
The Senate amendment contained no similar provision.

[[Page H6660]]

The House recedes.
Inclusion on the Vietnam Veterans Memorial Wall of the names
of the lost crew members of the U.S.S. Frank E. Evans
killed on June 3, 1969
The House bill contained a provision (sec. 1795) that would
require the Secretary of Defense, in consultation with the
Secretary of the Interior, the American Battlefield Monuments
Commission, and other applicable authorities, to authorize
the inclusion, on the Vietnam Veterans Memorial Wall in the
District of Columbia, of the names of the 74 crew members of
the U.S.S. Frank E. Evans killed on June 3, 1969.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that there is an established process for
adding the names of servicemembers to the Vietnam Veterans
Memorial Wall. The conferees believe this process should be
followed to preserve the integrity of the Wall.
Increased realism and training effectiveness for airborne
anti-submarine warfare training at offshore training
ranges
The House bill contained a provision (sec. 1799) that would
require the Secretary of Defense to provide for greater
training effectiveness for aircrews by procuring contract
services that would realistically simulate real-world, manned
submersible, diesel-powered vessels that are very similar to
third-world and near-peer adversaries.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Navy to submit a
report to the congressional defense committees not later than
November 1, 2021, on the requirements for and potential
benefits of realistically simulating real-world, manned
submersible, diesel-powered vessels that are very similar to
third-world and near-peer adversaries' submarines. The report
shall include the associated: (1) Requirements; (2) Potential
benefits; (3) Market survey of potential offerors that could
meet requirements; (4) On-demand availability of services by
such offerors; (5) Ability to meet the demand for scalable,
highly relevant, and robust training assets for use by fixed
and rotary-wing Navy anti-submarine communities in the Navy's
Second and Third Fleets; and (6) Dependence on foreign naval
vessels to meet requirements.
Review of use of innovative wood product technology
The House bill contained a provision (sec. 1800) that would
require the Secretary of Defense to review the potential to
incorporate innovative wood technologies, such as mass timber
and cellulose nanomaterials, in military construction
projects or the sustainment and renovation of existing
Department of Defense facilities.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that these materials have potential for
use by the Department of Defense. Accordingly, the conferees
direct the Secretary of Defense to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives not later than June 1, 2021. The report shall
include, at a minimum, a description of potential uses for
innovative wood technologies, such as mass timber and
cellulose nanomaterials, in new military construction; the
sustainment and renovation of existing facilities; and an
analysis of any barriers to incorporating these innovative
wood product technologies into these areas.
Modernization of congressional reports process
The Senate amendment contained a provision (sec. 5372) that
would increase by $2.0 million funds authorized to be
appropriated for the Department of Defense to modernize its
processes for responding to congressional reporting
requirements. The provision would also reduce by $2.0 million
funds authorized to be appropriated for Army service-wide
transportation.
The House bill contained no similar provision.
The Senate recedes.
The funding outcome is reflected in the budget tables. The
conferees agree on the importance of modernizing Department
of Defense processes for responding to congressional
reporting requirements.
Report on pandemic preparedness and planning of the Navy
The Senate amendment contained a provision (sec. 6062) that
would require the Secretary of the Navy to submit to the
congressional defense committees, within 120 days of the date
of the enactment of this Act, a report that describes the
Department of the Navy's plans to prepare for and respond to
future pandemics, including future outbreaks of coronavirus
disease 2019 (COVID-19).
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Navy to brief the
Committees on Armed Services of the Senate and the House of
Representatives, within 120 days of the date of the enactment
of this Act, on the pandemic preparedness and planning of the
Navy. The briefing should include a description of the Navy's
comprehensive plan to prepare for and respond to future
pandemics and detail its plan to protect the health and
safety of military personnel on naval vessels and civilian
personnel at public and private shipyards.
Modification of Estimate of damages from Federal
Communications Commission Order 20-48
The Senate amendment contained a provision (sec. 6082) that
would modify section 1083 of the Senate amendment. The
provision would require the Secretary of Defense to
distribute the estimate required by section 1083 to entities
operating in the frequency band authorized to be used by
Federal Communications Commission Order 20-48, grant the
Secretary the authority to work directly with such entities
to seek recovery of costs incurred by the Department as a
result of the Order, and require the Secretary to establish a
process for the recovery and use of such funds.
The House bill contained no similar provision.
The Senate recedes.

Title XI--Civilian Personnel Matters

Subtitle A--General Provisions

Department of Defense policy on unclassified workspaces and
job functions of personnel with pending security
clearances (sec. 1101)
The House bill contained a provision (sec. 243) that would
direct the Secretary of Defense to issue guidance not later
than 180 days after the date of the enactment of this Act to
ensure, to the extent practicable, that all Department of
Defense facilities have unclassified workspaces for employees
who have applied for, but have not yet received, a security
clearance.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to develop and implement a policy to
allow certain military and civilian personnel to occupy
positions that require a security clearance and to perform
unclassified work while they await a final security clearance
determination.
Enhancement of public-private talent exchange programs in the
Department of Defense (sec. 1102)
The House bill contained a provision (sec. 249) that would
amend section 1599g of title 10, United States Code, to
increase conflict of interest and financial disclosure
requirements for participants in the Department of Defense
(DOD) public-private talent exchange program. The provision
would also require military promotion boards to treat
participation in a public-private talent exchange program
as equivalent to attending resident professional military
education. Additionally, the provision would require the
establishment of a public-private exchange program billet
office. The provision would direct the Secretary of
Defense to ensure that public-private talent exchange
authority is used to exchange personnel with private
sector experience working on artificial intelligence
applications.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
section 1599g of title 10, United States Code, to clarify
that DOD participants in public-private talent exchange
programs may not use knowledge related to DOD acquisition or
procurement for the benefit of a participating private-sector
organization. The provision would also prohibit private-
sector participants from performing work that is considered
inherently governmental.
The provision would also require the Secretary of Defense
to expand the existing talent exchange program to private
sector entities that are working on the various DOD
modernization priorities. The Secretary of Defense would also
be required to implement a system to identify, mitigate, and
manage any conflicts of interest that may arise as a result
of an individual participating in a public-private talent
exchange. For military personnel participating in a talent
exchange program, the Secretary of Defense, in consultation
with the Secretaries of the military departments, would be
required to develop practices that consider participation in
a talent exchange program when deciding subsequent military
assignments.
The conferees urge the Secretary of Defense and the
Secretaries of the military departments to take steps to
ensure that military participation in public-private talent
exchange programs is viewed favorably by promotion boards and
other competitive selection boards. Additionally, the
conferees urge the DOD public-private talent exchange program
to leverage the Air Force Education with Industry Program
Office to assist in expanding the DOD talent exchange
program.
Lastly, the conferees note that the public-private talent
exchange program may be a valuable experience for many
different DOD organizations. In particular, the use of these
exchange authorities would be valuable to DOD efforts toward
building artificial intelligence expertise and capabilities.
Paid parental leave technical corrections (sec. 1103)
The House bill contained a provision (sec. 1101) that would
make technical corrections relating to parental leave for
Federal employees.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Authority to provide travel and transportation allowances in
connection with transfer ceremonies of certain civilian
employees who die overseas (sec. 1104)
The House bill contained a provision (sec. 1103) that would
amend subchapter II of

[[Page H6661]]

chapter 75 of title 10, United States Code, to authorize the
Secretary of the military department concerned, the agency
head of a Defense Agency or Department of Defense Field
Activity, or the Secretary of Homeland Security, to provide
round-trip travel and transportation allowances and
accompaniment services in connection with ceremonies for the
transfer of a Department of Defense or Coast Guard civilian
employee who dies while located or serving overseas.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would allow
family members of deceased civilian employees of the Coast
Guard to be provided with round-trip travel and associated
expenses when the Coast Guard is operating as a service of
the Navy.
One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas (sec. 1105)
The House bill contained a provision (sec. 1104) that would
amend would amend section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417), as most recently amended by section 1105 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), to extend through 2021 the authority of
heads of executive agencies to waive the limitation on the
aggregate of basic and premium pay of employees who perform
work in an overseas location that is in the area of
responsibility of the Commander, U.S. Central Command
(CENTCOM), or in a location that was formerly in CENTCOM but
has been moved to the area of responsibility of the
Commander, U.S. Africa Command, in support of a military
operation or an operation in response to a declared
emergency.
The Senate amendment contained an identical provision (sec.
1112).
The conference agreement includes this provision.
One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone (sec. 1106)
The House bill contained a provision (sec. 1104) that would
extend by 1 year the discretionary authority of the head of a
Federal agency to provide allowances, benefits, and
gratuities comparable to those provided to members of the
Foreign Service to the agency's civilian employees on
official duty in a combat zone.
The Senate amendment contained an identical provision (sec.
1111).
The conference agreement includes this provision.
Civilian faculty at the Defense Security Cooperation
University and Institute of Security Governance (sec.
1107)
The House bill contained a provision (sec. 1107) that would
amend section 1595(c) of title 10, United States Code, to add
the Defense Security Cooperation University and the Defense
Institute for Security Governance to the list of covered
institutions for which the Secretary of Defense may employ
and compensate civilian faculty as the Secretary considers
necessary.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note that the Congress knows relatively
little about Department of Defense (DOD) policies and
practices for administratively determined civilian personnel
positions. Therefore, the conferees direct the Undersecretary
of Defense for Personnel and Readiness to provide a briefing
to the Committees on Armed Services of the Senate and the
House of Representatives by March 1, 2021. The briefing shall
include the following elements:
(1) A description and summary of administratively
determined positions in the DOD;
(2) A list and explanation of the various policies
pertaining to administratively determined positions;
(3) An explanation of the significant differences in law
and policy between administratively determined positions and
other civil service positions within the Department of
Defense; and
(4) Any other matters the Undersecretary of Defense for
Personnel and Readiness considers relevant.
Temporary authority to appoint retired members of the Armed
Forces to positions in the Department of Defense (sec.
1108)
The House bill contained a provision (sec. 1108) that would
amend section 3326 of title 5, United States Code, to
authorize the Secretary of a military department to appoint
recently retired servicemembers as civilian employees in the
Department of Defense at industrial base facilities, provided
the Secretary concerned certifies a lack of qualified
applicants.
The Senate amendment contained a similar provision (sec.
1108).
The House recedes with an amendment that would provide
temporary authority to the Secretary of Defense to appoint
retired members of the Armed Forces to positions in the
Department of Defense for GS-13 and below positions at a
defense industrial base facility, provided the Secretary of
the military department concerned certifies a lack of
qualified applicants.
Fire fighters alternative work schedule demonstration project
for the Navy Region Mid-Atlantic Fire and Emergency
Services (sec. 1109)
The House bill contained a provision (sec. 1109) that would
require the Commander of Navy Region Mid-Atlantic to
establish and carry out a 5-year fire fighter alternative
work schedule demonstration project. The demonstration
project would require tours of duty to be scheduled at least
2 weeks in advance and that tours of duty use a regularly
recurring pattern of 48-hour shifts followed by 48 or 72
consecutive non-work hours. The provision would also require
the Commander of Navy Region Mid-Atlantic to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on effects of the demonstration
project not later than 180 days after the demonstration
project is terminated.
The Senate amendment contained an identical provision (sec.
1110A).
The conference agreement includes this provision.
Special rules for certain monthly workers' compensation
payments and other payments for Federal Government
personnel under chief of mission authority (sec. 1110)
The House bill contained a provision (sec. 1110) that would
amend section 901 of title 9 of division J of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94)
by authorizing the head of any Federal agency to provide
an additional monthly payment to any Federal employee who
is injured while detailed to a duty station in the
Republic of Cuba, the People's Republic of China, or
another foreign country designated by the Secretary of
State. The provision would also prevent the duplication of
benefits for individuals receiving compensation under
section 19A of the Central Intelligence Agency Act of 1949
(Public Law 81-110).
The Senate amendment contained a similar provision (sec.
6091).
The Senate recedes with a technical amendment.
Temporary increase in limitation on accumulation of annual
leave for Executive branch employees (sec. 1111)
The House bill contained a provision (sec. 1111) that would
amend section 6304 of title 5, United States Code, to require
the service of a Federal employee during a pandemic be deemed
an exigency of the public business and to require the
restoral of annual leave that is lost as a result of a
service during a pandemic.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Director of the Office of Personnel Management to allow
non-Senior Executive Service and equivalent level employees
to increase their accrued leave balance by up to 25 percent
over current annual limits for calendar year 2021. The
provision would prohibit any accrued leave in excess of an
employee's ordinary annual limit from being included in a
lump-sum payment upon retirement or separation.
Telework travel expenses program of the United States Patent
and Trademark Office (sec. 1112)
The House bill contained a provision (sec. 1113) that would
amend section 5711 of title 5, United States Code, to
authorize permanently a telework travel expenses program
within the United States Patent and Trademark Office.
The Senate amendment contained no similar provision.
The Senate recedes.
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. 1113)
The House bill contained a provision (sec. 1114) that would
amend section 5542 of title 5, United States Code, to extend
until September 30, 2026, the authority of the Secretary of
the Navy to pay overtime rates to civilian employees
performing temporary duty in Japan in support of the forward
deployed nuclear aircraft carrier.
The Senate amendment contained a similar provision (sec.
1104).
The Senate recedes.
Enhanced pay authority for certain acquisition and technology
positions in the Department of Defense (sec. 1114)
The Senate amendment contained a provision (sec. 1101) that
would amend subchapter I of chapter 87 of title 10, United
States Code, to permanently authorize an enhanced pay
authority for acquisition and technology positions in the
Department of Defense. The provision would authorize up to 20
total positions within the Office of the Secretary of Defense
and the military departments that may have a maximum pay rate
set at 150 percent of level 1 of the Executive Schedule.
The House bill contained no similar provision.
The House recedes.
Enhanced pay authority for certain research and technology
positions in the science and technology reinvention
laboratories of the Department of Defense (sec. 1115)
The Senate amendment contained a provision (sec. 1102) that
would amend chapter 139 of title 10, United States Code, to
permanently authorize an enhanced pay authority for research
and technology positions in the Department of Defense. The
provision would authorize up to 15 total positions within the
military departments that may have a maximum pay rate set at
150 percent of level 1 of the Executive Schedule.
The House bill contained no similar provision.

[[Page H6662]]

The House recedes.
Extension of enhanced appointment and compensation authority
for civilian personnel for care and treatment of wounded
and injured members of the armed forces (sec. 1116)
The Senate amendment contained a provision (sec. 1103) that
would amend section 1599c(b) of title 10, United States Code,
to extend the enhanced appointment and compensation authority
for civilian personnel for the care and treatment of wounded
and injured members of the Armed Forces through December 31,
2025.
The House bill contained no similar provision.
The House recedes.
Expansion of direct hire authority for certain Department of
Defense personnel to include installation military
housing office positions supervising privatized military
housing (sec. 1117)
The Senate amendment contained a provision (sec. 1105) that
would amend section 9905 of title 5, United States Code, to
authorize direct hire authority for installation military
housing office positions responsible for supervising
privatized military housing projects.
The House bill contained no similar provision.
The House recedes.
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. 1118)
The Senate amendment contained a provision (sec. 1106) that
would amend section 1109 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), to extend by 3 years the sunset date of the
Department of Defense's temporary exemption from Office of
Personnel Management qualification certification review
boards for individuals appointed to senior executive service
positions within the Department.
The House bill contained no similar provision.
The House recedes.
Pilot program on enhanced pay authority for certain high-
level management positions in the Department of Defense
(sec. 1119)
The Senate amendment contained a provision (sec. 1107) that
would authorize the Department of Defense to establish a
pilot program to offer higher compensation than normally
allowed by the executive schedule for a limited numbers of
positions requiring extremely high levels of experience
managing complex organizations.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Recruitment incentives for placement at remote locations
(sec. 1120)
The Senate amendment contained a provision (sec. 1109) that
would amend chapter 81 of title 10, United States Code, to
provide a temporary direct hire authority to positions in the
competitive service in geographically remote locations and
locations with extreme climate conditions. The provision
would also provide a relocation incentive to positions
covered by the direct hire authority.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Department of Defense to provide a recruitment incentive
to individuals appointed to positions at geographically
remote locations and locations with extreme climate
conditions.
Technical amendments regarding reimbursement of Federal,
State, and local income taxes incurred during travel,
transportation, and relocation (sec. 1121)
The Senate amendment contained a provision (sec. 1113) that
would amend section 5724b of title 5, United States Code, to
make a technical correction to authority provided by section
1114 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) relative to the reimbursement
of Federal, State, and local income tax expenses incurred by
Federal civilian employees incident to Government-directed
travel, transportation, and relocations.
The House bill contained no similar provision.
The House recedes with a technical amendment.

Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020

Elijah E. Cummings Federal Employee Antidiscrimination Act of
2020 (secs. 1131-1138)
The House bill contained several provisions (sec. 1121-
1128) that would amend various sections of title 5, United
States Code, and the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (Public Law
107-174) to modify reporting, notification, and appeals
procedures associated with Federal agency equal opportunity
violations.
The Senate amendment contained a similar provision (sec.
6047).
The Senate recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Limitation on authority to exclude employees from chapter 71
of title 5
The House bill contained a provision (sec. 1102) that would
prohibit the use of funds to exclude the Department of
Defense or any agency thereof from collective bargaining
rights in fiscal year 2021.
The Senate amendment contained no similar provision.
The House recedes.
Limiting the number of local wage areas defined within a pay
locality
The House bill contained a provision (sec. 1106) that would
amend section 5343 of title 5, United States Code, to
prohibit the Office of Personnel Management (OPM) from
defining more than one Federal Wage System (FWS) local wage
area within a General Schedule (GS) pay locality.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that OPM is responsible for overseeing
the implementation and administration of the FWS in
consultation with other agencies, appropriate labor
organizations, and the advice of the Federal Prevailing Rate
Advisory Committee (FPRAC). Since 2010, the FPRAC has voted
three times to recommend that OPM align FWS wage areas with
GS locality pay areas across the country. OPM has not
implemented these recommendations. The conferees encourage
OPM to address this longstanding issue as soon as possible.
Modification of direct hire authority for certain personnel
involved with Department of Defense maintenance
activities
The Senate amendment contained a provision (sec. 1110) that
would amend section 9905 of title 5, United States Code, to
provide direct hire authority for positions that perform
support functions for depot-level maintenance and repair.
The House bill contained no similar provision.
The Senate recedes.
The conferees note the Department of Defense already
possesses extensive direct hire authority for a variety of
civilian personnel positions. Section 9905 of title 5, United
States Code, provides general direct hire authority for any
position involved with Department maintenance activities and
Major Range and Test Facilities Bases. The conferees
encourage the Secretary of Defense to utilize fully all
available direct hire authority provided by section 9905.
The conferees emphasize that future requests for additional
direct hire authority must be justified by objective data
that demonstrates consistent difficulty filling certain
vacant positions within a reasonable amount of time.
Report by Comptroller General of the United States on
diversity and inclusion within the civilian workforce of
the Department of Defense
The Senate amendment contained a provision (sec. 1110B)
that would require the Comptroller General of the United
States to provide a report to the Congress on issues related
to diversity and inclusion within the Department of Defense
(DOD).
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Comptroller General of the United
States to provide a report to the Committees on Armed
Services of the Senate and the House of Representatives on
the diversity and inclusion of the civilian workforce of the
DOD. The report shall include: (1) A description of the
demographic composition of the civilian workforce of the DOD;
(2) An assessment of any differences in promotion outcomes
among demographic groups of the civilian workforce of the
Department; (3) An assessment as to whether the Department
has identified barriers to increasing diversity in its
civilian workforce; and (4) Any other matters the Comptroller
General considers appropriate. The conferees further direct
that, not later than 1 year after the date of the enactment
of this Act, the Comptroller General provide a briefing to
the Committees on Armed Services of the Senate and the House
of Representatives describing the Comptroller General's
preliminary findings, and submit a final report on a date
agreed to at the time of the briefing.
Vacancy of Inspector General positions
The House bill contained a provision (sec. 1115) that would
amend the Federal Vacancies Reform Act (5 U.S.C. 3345) to
require that when there is a vacancy in an Inspector General
position that requires appointment by the President, by and
with the advice and consent of the Senate, the first
assistant to the Inspector General shall perform the
functions and duties of the Inspector General temporarily in
an acting capacity. If the first assistant is not available
to serve, the President would be required to appoint an
acting Inspector General from among persons serving in an
office of any Inspector General who met particular time in
service and pay grade requirements.
The Senate amendment contained no similar provision.
The House recedes.

Title XII--Matters Relating to Foreign Nations

Subtitle A--Assistance and Training

Authority to build capacity for additional operations (sec.
1201)
The Senate amendment contained a provision (sec. 1201) that
would modify section 333 of title 10, United States Code,
relating to the authority of the Secretary of Defense to
conduct or support programs to provide training and equipment
to the national security forces of one or more foreign
countries by adding cyberspace operations to the list of
authorized functional areas in which such support may be
provided.

[[Page H6663]]

The House bill contained no similar provision.
The House recedes with an amendment that would modify
section 333 of title 10, United States Code, to add air
domain awareness operations and cyberspace security and
defensive cyberspace operations to the list of authorized
support. The conferees intend the authority for air domain
awareness operations to authorize Department of Defense
programs to conduct or support training and equipping of
foreign national security forces in order to build their
capacity to detect, track, and identify threats to
territorial airspace and includes associated airfield
operations.
Further, the conferees intend for the authority for
cyberspace security operations to authorize Department of
Defense programs to conduct or support training and equipping
for foreign national security forces in order to build their
capacity to conduct cyberspace security operations as defined
in Joint Publication 3-12 as operations taken within
protected cyberspace to prevent unauthorized access to,
exploitation of, or damage to, computers, electronic
communications systems, and other information technology,
including platform information technology, as well as the
information contained therein, to ensure its availability,
integrity, authentication, confidentiality, and
nonrepudiation.
The conferees also intend for the authority for defensive
cyberspace operations to authorize Department of Defense
programs to conduct or support training and equipping for
foreign national security forces in order to build their
capacity to conduct defensive cyberspace operations as
defined in Joint Publication 3-12 as operations to preserve
the ability to utilize cyberspace capabilities and protect
data, networks, cyberspace-enabled devices, and other
designated systems by defeating on-going or imminent
malicious cyberspace activity. The conferees intend for any
cyberspace security or defensive cyberspace operation program
to build capacity to defend national cyberspace against
foreign threats.
Participation in European program on multilateral exchange of
surface transportation services (sec. 1202)
The House bill contained a provision (sec. 1202) that would
authorize the Secretary of Defense to participate in the
Surface Exchange of Services Program of the Movement
Coordination Centre Europe.
The Senate amendment contained a similar provision (sec.
1240).
The House recedes.
Participation in programs relating to coordination or
exchange of air refueling and air transportation services
(sec. 1203)
The Senate amendment contained a provision (sec. 1241) that
would codify permanently the authority of the Secretary of
Defense to participate in programs relating to coordination
or exchange of air refueling and air transportation services.
The House bill contained no similar provision.
The House recedes.
Reciprocal patient movement agreements (sec. 1204)
The Senate amendment contained a provision (sec. 1281) that
would authorize the Secretary of Defense, with the
concurrence of the Secretary of State, to enter into a
bilateral or multilateral memorandum of understanding or
other formal agreement with one or more governments of
certain partner countries concerning reciprocity with respect
to patient movement including matters concerning personnel,
services, and equipment. The provision would require the
Secretary of Defense, before entering into a memorandum of
understanding or other formal agreement, to certify in
writing that the professional credentials, certifications,
licenses, and approvals for patient movement personnel and
patient movement equipment of the partner country meet or
exceed the equivalent standards of the United States for
similar personnel and equipment and provide for a level of
care comparable to, or better than, the level of care
provided by the Department of Defense.
The House bill contained no similar provision.
The House recedes.
Modification to the Inter-European Air Forces Academy (sec.
1205)
The Senate amendment contained a provision (sec. 1203) that
would modify section 350(b) of title 10, United States Code,
to expand eligibility for military education and training at
the Inter-European Air Forces Academy to military personnel
of countries that are within the United States Africa Command
area of responsibility and eligible for assistance under
chapter 5 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2347 et seq.).
The House bill contained no similar provision.
The House recedes.
Modification of authority for participation in multinational
centers of excellence (sec. 1206)
The Senate amendment contained a provision (sec. 1206) that
would amend section 344 of title 10, United States Code, by
modifying the authority for participation in multinational
centers of excellence.
The House bill contained no similar provision.
The House recedes.
Modification and extension of support of special operations
for irregular warfare (sec. 1207)
The House bill contained a provision (sec. 1201) that would
modify section 1202 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91), as most recently
amended by section 1207 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92), by extending
the authority through 2025 and increasing the annual
limitation of funding to $15.0 million from $10.0 million.
This provision would also expand notification elements
related to human rights violations and violations of the
Geneva Conventions of 1949.
The Senate amendment contained a similar provision (sec.
1204).
The Senate recedes with an amendment that increases the
annual limitation on funding to $15.0 million and makes
modifications to the notification requirements and the
construction of authority.
Extension of authority to transfer excess high mobility
multipurpose wheeled vehicles to foreign countries (sec.
1208)
The House bill contained a provision (sec. 1203) that would
modify and extend by 2 years section 1276 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91) that requires excess high mobility multipurpose
wheeled vehicles (HMMWVs) that are to be transferred or
granted to a foreign country to have modernized powertrains
and modernized armored or armored-capable crew compartments.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend
section 1276 by 1 year and allow delegation of the waiver
authority under the section to the Secretary of Defense.
The conferees expect the Secretary of Defense to
periodically provide updates to the congressional defense
committees on the Department's efforts to engage and
collaborate with the industrial base. The conferees expect
the Department and the industrial base to coordinate and
share information in order to develop a long-term approach
that considers both the needs of the industrial base as well
as the excess defense article transfer needs of our foreign
partners, consistent with United States national security
interests. The conferees expect the Department to fully
comply with the transfer authority in section 2321j of title
22, United States Code.
Modification and extension of update of Department of Defense
Freedom of Navigation Report (sec. 1209)
The House bill contained a provision (sec. 1204) that would
amend section 1275 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) to extend and
modify the Department of Defense Freedom of Navigation
Report.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Extension and modification of authority to support border
security operations of certain foreign countries (sec.
1210)
The Senate amendment contained a provision (sec. 1205) that
would modify section 1226 of the National Defense
Authorization for Fiscal Year 2016 (Public Law 114-92), as
most recently amended by section 1213 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-32), to extend the authority to support
border security operations of certain foreign countries
through December 31, 2023. The provision would also clarify
the source of funds available for support pursuant to this
authority in order to improve oversight of such expenditures.
The House bill contained no similar provision.
The House recedes.
Extension of Department of Defense support for stabilization
activities in national security interest of the United
States (sec. 1210A)
The House bill contained a provision (sec. 1207) that would
extend until December 31, 2021, section 1210A of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92) for Department of Defense support to stabilization
activities in the national security interest in the United
States.
The Senate amendment contained a similar provision (sec.
1283).
The Senate recedes.
Extension of report on workforce development (sec. 1210B)
The House bill contained a provision (sec. 1205) that would
extend for 5 years the requirement in section 1250 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) to provide a report on Department of
Defense security cooperation workforce development efforts.
The Senate amendment contained no similar provision.
The Senate recedes.
Plan to increase participation in international military
education and training programs (sec. 1210C)
The House bill contained a provision (sec. 1801) that would
require, not later than 1 year after the date of the
enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, to 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

[[Page H6664]]

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.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Mitigation and prevention of atrocities in high-risk
countries (sec. 1210D)
The House bill contained a provision (sec. 1299E) that
would require the Secretary of State to submit to the
appropriate congressional committees a report on its efforts
to prevent atrocities in covered foreign countries.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Implementation of the Women, Peace, and Security Act of 2017
(sec. 1210E)
The House bill contained a provision (sec. 1759) that would
express the sense of Congress regarding Department of Defense
annual funding for implementation of the Women, Peace, and
Security Act of 2017 (Public Law 115-68). The section would
further specify the activities the Department of Defense
would be required to undertake to implement the Women, Peace,
and Security Act and would require a one-time briefing on
security cooperation capacity building and an annual report
on such activities through January 1, 2025.
The Senate amendment contained a similar provision (sec.
1207).
The House recedes with an amendment that would amplify the
requirements associated with implementation of the Women,
Peace, and Security Act program by the Department of Defense
and the Department of State.

Subtitle B--Matters Relating to Afghanistan and Pakistan

Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations (sec. 1211)
The House bill contained a provision (sec. 1211) that would
extend through December 31, 2021, the authority to make
Coalition Support Fund payments under section 1233 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181) as most recently amended by section 1217
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92).
The Senate amendment contained a similar provision (sec.
1211).
The House recedes.
Extension of the Afghan Special Immigrant Visa Program (sec.
1212)-
The House bill contained a provision (sec. 1212) that would
extend the Afghan Allies Protection Act of 2009 (Public Law
111-8) as well as extend an expiring report.
The Senate amendment contained a similar provision (sec.
1214).
The Senate recedes with an amendment to increase the
number of special immigrant visas.
The conferees note that the special immigrant visa program
for Afghan allies is critical to the mission in Afghanistan
and the long-term interests of the United States. Maintaining
a robust special immigrant visa program for Afghan allies is
necessary to support United States Government personnel in
Afghanistan. Afghan allies routinely risk their lives to
assist United States military and diplomatic personnel.
Honoring the commitments made to Afghan allies with respect
to the special immigrant visa program is essential to
ensuring the continued service and safety of such allies, and
the willingness of other like-minded individuals to provide
similar services in any future contingency.
The conferees further note that the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) states that all
Government-controlled processing of applications for special
immigrant visas under that Act should be completed not later
than 9 months after the date on which an eligible alien
submits all required materials to complete an application for
such visa. Any backlog in processing special immigrant visa
applications should be addressed as quickly as possible so as
to honor the United States commitment to Afghan allies as
soon as possible. The failure to process such applications in
an expeditious manner puts lives at risk and jeopardizes a
critical element of support to United States operations in
Afghanistan. To prevent harm to the operations of the United
States Government in Afghanistan, the conferees urge the
Administration to make additional visas available to
principal aliens who are eligible for special immigrant
status under that Act.
Extension and modification of support for reconciliation
activities led by the Government of Afghanistan (sec.
1213)
The Senate amendment contained a provision (sec. 1213) that
would extend the authorization for the Department of Defense
to provide support for Government of Afghanistan-led
reconciliation activities. The provision would modify the
existing authority in section 1218 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) to
require that covered support can only be provided for
reconciliation activities that occur in Afghanistan, include
the participation of the Government of Afghanistan, and do
not restrict the participation of women. The provision would
also prohibit Taliban members' receipt of reimbursement for
travel or lodging expenses and stipends or per diem payments.
Finally, the provision would prohibit the Department from
providing covered support until it provides the
implementation framework required by section 1218 of the
National Defense Authorization Act of Fiscal Year 2020, due
to the Congress on March 19, 2020.
The House bill contained no similar provision.
The House recedes.
Extension and modification of Commanders' Emergency Response
Program (sec. 1214)
The Senate amendment contained a provision (sec. 1212) that
would extend the authorization for the Commanders' Emergency
Response Program in Afghanistan through December 31, 2021,
would authorize $2.0 million, and would provide a quarterly
report on the allocation and use of funds for the program.
The House bill contained no similar provision.
The House recedes.
Limitation on use of funds to reduce deployment to
Afghanistan (sec. 1215)
The House bill contained a provision (sec. 1213) that would
require the Administration to submit a comprehensive,
interagency report and certification prior to obligating or
expending funds to draw down U.S. military personnel in
Afghanistan below troop levels of 8,000 and 4,000. The
provision would provide that the Secretary of Defense may
waive the funding limitation required by this provision if it
is determined to be vital to the national security interests
of the United States or necessary due to an imminent and
extraordinary threat to members of the United States Armed
Forces.
The Senate amendment contained a similar provision (sec.
1215).
The Senate recedes with an amendment that would adjust the
troop level thresholds, modify certain reporting
requirements, and adjust the waiver available to the
Secretary of Defense.
The conferees reaffirm that it is in the national security
interests of the United States to deny terrorists safe haven
in Afghanistan, protect the United States homeland, uphold
the United States partnership with the Government of
Afghanistan, and protect the hard-fought gains for the rights
of women, girls, and other vulnerable populations in
Afghanistan. The conferees note the South Asia strategy
emphasizes the importance of a conditions-based United States
presence in Afghanistan in support of ongoing diplomatic
efforts to secure a peaceful, negotiated solution to the
conflict. The conferees further note that any decision to
reduce the Armed Forces of the United States in Afghanistan
should be done in an orderly manner and in coordination with
United States allies and partners and the Government of
Afghanistan. Additionally, prior to withdrawal, the United
States should seek to secure the release of any United States
citizens being held against their will in Afghanistan. The
Administration has a constitutional obligation to provide the
Congress and the American people with regular, timely, and
comprehensive information on the status of security
operations and diplomatic efforts in Afghanistan and across
the globe.
Modifications to immunity from seizure under judicial process
of cultural objects (sec. 1216)
The House bill contained a provision (sec. 1215) that would
protect from seizure works of art or objects of cultural
significance that have been imported from Afghanistan under
certain conditions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
Congressional oversight of United States talks with Taliban
officials and Afghanistan's comprehensive peace process
(sec. 1217)
The House bill contained a provision (sec. 1217) that would
require the Secretary of State, in consultation with the
Secretary of Defense, to submit to the appropriate
congressional committees materials relevant to the February
29, 2020 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. The provision would also
require the Secretary of State to submit to the appropriate
congressional committees, within 5 days of conclusion and on
an ongoing basis thereafter, any future agreement or
arrangement involving the Taliban in any manner, as well as
materials relevant to any future agreement or arrangement
involving the Taliban in any manner. The provision would also
include a detailed reporting and briefing requirement.
The Senate amendment contained a similar provision (sec.
6211).
The House recedes with an amendment to strike the briefing
requirement and modify elements of the report.
Strategy for post-conflict engagement on human rights in
Afghanistan (sec. 1218)
The House bill contained a provision (sec. 1216) that would
require, not later than 120 days after a final Afghan
reconciliation agreement is reached between the Government of
Afghanistan and the Taliban, the Secretary of State to submit
a strategy for post-conflict engagement by the United States
in Afghanistan to support the protection and promotion of
basic human rights and the inclusion and empowerment of women
and girls in Afghanistan.

[[Page H6665]]

The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
Modification to report on enhancing security and stability in
Afghanistan (sec. 1219)
The House bill contained a provision (sec. 1218) that would
require the Secretary of Defense and Secretary of State to
submit an annual report on civilian casualties caused by the
Afghan National Defense and Security Forces and the Taliban.
The House bill additionally contained provisions (secs.
1299S-1, 1299S-2, and 1299S-3) that would require, not later
than 90 days after the enactment of this Act, the Secretary
of Defense to make publicly available all data pertaining to
measures of performance of the Afghan National Defense and
Security Forces. The provisions also would require the
Secretary of Defense to resume the production of district-
level stability assessments of Afghan government and
insurgent control and influence that were discontinued in
2018, to include district, population, and territorial
control data.
The Senate amendment contained no similar provisions.
The Senate recedes with an amendment to modify the semi-
annual report on enhancing security and stability in
Afghanistan required by section 1225 of the Carl Levin and
Howard P. Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3550) to
include reporting on current training and advisory efforts to
improve the Government of Afghanistan's capability to
minimize civilian casualties and a description of any plans
to transition existing U.S. or coalition investigatory
mechanisms and reporting channels to the Government of
Afghanistan. The amendment also requires the Secretary of
Defense to resume the production of district-level
stability assessments of Afghan government and insurgent
control and influence.
The conferees note that issues pertaining to prevention and
mitigation of civilian casualties by U.S. forces are
addressed in multiple provisions elsewhere in this Act.
Report on Operation Freedom's Sentinel (sec. 1220)
The House bill contained a provision (sec. 1214) that would
direct the Secretary of Defense to provide a report and to
submit annual budget justifications on Operation Freedom's
Sentinel that include specific direct war requests, costs
that occur inside and outside the geographical boundaries of
Afghanistan, activities that fund the services, as well as
transportation and logistical support.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees note that prior to fiscal year 2021, data
regarding costs related to Operation Freedom's Sentinel was
routinely provided as part of the President's annual budget
request.

Subtitle C--Matters Relating to Syria, Iraq, and Iran

Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria (sec.
1221)
The House bill contained a provision (sec. 1221) that would
modify section 1236 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291) to provide assistance to the
security forces of the Government of Iraq to counter the
Islamic State of Iraq and Syria (ISIS) and extend the
authority through December 31, 2021. This section would also
require the Secretary of Defense to submit an annual report
detailing the weapons and equipment purchased using the
Counter-ISIS Train and Equip Fund, as well as the incremental
costs for operations and maintenance for Operation Inherent
Resolve (OIR) in the previous fiscal year. This section would
also require the Department to submit annual budget
justifications for OIR for fiscal years 2022 and 2023.
The Senate amendment contained a similar provision (sec.
1221) that would extend and modify section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015.
The Senate recedes with an amendment that would extend and
modify the authority and require a report and budget details
regarding OIR.
Extension and modification of authority to provide assistance
to vetted Syrian groups and individuals (sec. 1222)
The House bill contained a provision (sec. 1222) that would
extend and modify section 1209 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291), under which support is
provided to vetted Syrian groups.
The Senate amendment contained a similar provision (sec.
1222).
The Senate recedes with a clarifying amendment.
Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in
Iraq (sec. 1223)
The House bill contained a provision (sec. 1223) that would
extend and modify the authority under section 1215 of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81) to support the operations and activities
of the Office of Security Cooperation-Iraq.
The Senate amendment contained a similar provision (sec.
1223).
The Senate recedes with an amendment that would extend and
modify the authority and associated reporting requirements.
Prohibition on provision of weapons and other forms of
support to certain organizations (sec. 1224)
The House bill contained a provision (sec. 1224) that would
prohibit the use of funds authorized to be appropriated by
this Act to the Department of Defense for fiscal year 2021 to
provide weapons or any form of support to al-Qaeda, the
Islamic State of Iraq and Syria, Jabhat Fateh al Sham, Hamas,
Hizballah, Palestinian Islamic Jihad, al-Shabaab, Islamic
Revolutionary Guard Corps, or any individual or group
associated with these organizations.
The Senate amendment contained no similar provision.
The Senate recedes.
Report and budget details regarding Operation Spartan Shield
(sec. 1225)
The House bill contained a provision (sec. 1225) that would
require the Secretary of Defense to provide a report and to
submit annual budget justifications for Operation Spartan
Shield for fiscal years 2022 and 2023.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.

Subtitle D--Matters Relating to Russia

Extension of limitation on military cooperation between the
United States and the Russian Federation (sec. 1231)
The House bill contained a provision (sec. 1232) that would
extend through fiscal year 2021 section 1232(a) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), as most recently amended by section
1231 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92). This section would limit the
use of fiscal year 2021 funds for bilateral military-to-
military cooperation between the United States and the
Russian Federation unless certain waiver conditions are met.
The Senate amendment contained a similar provision (sec.
1231).
The Senate recedes.
Matters relating to United States participation in the Open
Skies Treaty (sec. 1232)
The House bill contained provisions (sec. 1234 and sec.
1237) that would require the Secretary of Defense and the
Secretary of State to provide to the congressional defense
committees certain notifications relating to prior warning of
observation flights conducted under the Open Skies Treaty
over states that host United States military forces and
assets. If agreements with host nations relating to prior
notification of observation flights have been reached, the
provisions would require the submission of such agreements to
the appropriate congressional committees. The provisions
would also require the Secretaries, in coordination with the
Director of National Intelligence and the Under Secretary of
Defense for Intelligence and Security, to provide to the
appropriate congressional committees a report on the effects
of a potential withdrawal of the United States from the
Treaty and detail certain required elements for the report.
The provisions would also express the sense of Congress
that withdrawal from the Treaty did not comply with certain
requirements for notification enacted in the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
that the withdrawal was made without asserting material
breach of the Treaty, and was made over the objections of
partners and allies. The provisions would further express the
sense of Congress that confidence- and security-building
measures remain vital to the interests of our allies and
partners and that international engagement and diplomatic
action should be prioritized in response to Russian treaty
violations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would combine the
provisions, retain the sense of Congress with some
modifications, retain the required notifications from the
Secretaries of Defense and State, and retain the report
requirement with modifications to certain required elements.
Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea (sec. 1233)
The House bill contained a provision (sec. 1231) that would
prohibit the use of fiscal year 2021 funds to implement any
activity that recognizes the sovereignty of Russia over
Crimea. This section would also allow the Secretary of
Defense, with the concurrence of the Secretary of State, to
waive the prohibition if the Secretary of Defense determines
that doing so would be in the national security interest of
the United States and submits a notification to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives.
The Senate amendment contained a similar provision (sec.
1232).
The House recedes with a technical amendment.
Annual report on military and security developments involving
the Russian Federation (sec. 1234)
The House bill contained a provision (sec. 1239) that would
require the Secretary of Defense, in consultation with the
Director of

[[Page H6666]]

National Intelligence and the Secretary of State, to submit
to the appropriate congressional committees, not later than
120 days after the date of the enactment of this Act, a
report on all threats to the United States Armed Forces
and personnel of the United States from the Russian
Federation and associated agents, entities, and proxies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would expand and
extend the annual report on military and security
developments involving the Russian Federation, as previously
enacted in section 1245 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291), as amended by section 1235 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) (the ``Russian Military Power'' report).
The conferees direct the Secretary of Defense, at the time
the report under this section is submitted, to provide a
briefing on the Fiscal Year 2021 Russia Military Power Report
to the congressional defense committees highlighting any
major changes to the disposition of Russian military forces
or major improvements to military capabilities as well as any
force protection measures required to address efforts by the
Russian Federation and associated agents, entities, or
proxies to support or encourage attacks against Armed Forces
and personnel of the United States engaged in named
contingency operations or combat. The conferees encourage the
Administration to emphasize to the Government of the Russian
Federation that the United States will not tolerate threats
to the Armed Forces and military operations of the United
States, the allies of the United States, or the diplomats of
the United States.
Modification and extension of Ukraine Security Assistance
Initiative (sec. 1235)
The House bill contained a provision (sec. 1233) that would
extend by 1 year section 1250 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
most recently amended by section 1244 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
to authorize the Secretary of Defense to provide security
assistance and intelligence support to the Government of
Ukraine, with the concurrence of the Secretary of State. This
section would also authorize $250.0 million to carry out this
authority in fiscal year 2021.
The Senate amendment contained a similar provision (sec.
1233).
The Senate recedes with an amendment that would modify the
categories of appropriate assistance, broaden the types of
reforms intended to decrease corruption, increase
accountability, and maintain sustainability of combat
capability enabled by such assistance, and make $75.0 million
available only for lethal assistance as described in the
authority as amended.
The conferees believe that lethal assistance, including as
modified in this provision, contributes to building Ukraine's
capability to defend and preserve its sovereignty and
enhances Ukraine's role as a regional Black Sea security
partner. Furthermore, the Government of Ukraine has
demonstrated reliable stewardship and effective employment of
more advanced capabilities enabled with U.S. assistance.
The conferees direct the Under Secretary of Defense for
Policy, in coordination with the Director of the Defense
Security Cooperation Agency and the U.S. European Command, to
brief the congressional defense committees not later than
March 15, 2021, on the Department of Defense's planning and
capacity to provide lethal assistance to the Government of
Ukraine given the current structure of this authority. The
briefing shall include: (1) A description of defense articles
and services to be provided; (2) Timelines associated with
acquisition and delivery of such articles and services; (3) A
description of any challenges in meeting execution timelines
such as acquisition authority limitations, funding
availability and mechanisms, production and delivery
schedules, statutory requirements, or other factors, and the
steps taken to mitigate such challenges; (4) Items considered
for acquisition but not in the plan due to execution timeline
concerns; and (5) Any other matter determined relevant by the
Under Secretary of Defense.
Report on capability and capacity requirements of military
forces of Ukraine and resource plan for security
assistance (sec. 1236)
The House bill contained a provision (sec. 1299Q-4) that
would require the Secretary of Defense and the Secretary of
State to jointly submit to the appropriate committees of the
Congress, not later than 180 days after the date of the
enactment of this Act, a report on the capability and
capacity requirements of the military forces of the
Government of Ukraine.
The Senate amendment contained a similar provision (sec.
1234).
The Senate recedes with a technical amendment.
Report on Russian Federation support of racially and
ethnically motivated violent extremists (sec. 1237)
The Senate amendment contained a provision (sec. 1239) that
would require the Secretary of Defense, in consultation with
the head of any other relevant Federal department or agency,
to submit a report to the appropriate congressional
committees on Russian support to racially- and ethnically-
motivated violent extremist groups and networks.
The House bill contained no similar provision.
The House recedes with an amendment that would require 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, to submit jointly a report to the
appropriate congressional committees on Russian support to
foreign racially- and ethnically-motivated violent extremist
groups and networks, consistent with the authorities of the
Secretary of Defense and the Director of National
Intelligence in this matter. The amendment would also require
an assessment of the threat that Russian support to these
groups and networks poses to U.S. counterterrorism and
national security interests.
The conferees note that foreign state involvement with
racially- and ethnically-motivated violent extremist groups
and networks threatens global security. The conferees
strongly condemn foreign and domestic racially- and
ethnically-motivated violent extremism and support
interagency efforts to counter these groups and networks.
Authorization of rewards for providing information on foreign
election interference (sec. 1238)
The House bill contained a provision (sec. 1299Q-2) that
would amend section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) to authorize the
Secretary of State to pay a reward to any individual who
furnishes information leading to the identification or
location of a foreign person that knowingly engaged or is
engaging in foreign election interference. The provision
would further define the terms ``foreign person'' and
``foreign election interference'' for purposes of the reward
program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
definition of the term ``foreign election interference.''

Subtitle E--Matters Relating to Europe and NATO

Determination and imposition of sanctions with respect to
Turkey's acquisition of the S-400 air defense system
(sec. 1241)
The House bill contained a provision (sec. 1292) that would
determine that the acquisition by the Government of Turkey of
the S-400 air and missile defense system from the Russian
Federation shall constitute a significant transaction as
described in Section 231 of the Countering America's
Adversaries Through Sanctions Act (22 U.S.C. 9525), and
require imposition of sanctions within 30 days of the
enactment of this Act with certain exceptions. The provision
would allow termination of sanctions if the President
certifies certain conditions are met.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Clarification and expansion of sanctions relating to
construction of Nord Stream 2 or TurkStream pipeline
projects (sec. 1242)
The House bill contained a provision (sec. 1248) that would
amend subsection (a)(1) of section 7503 of the Protecting
Europe's Energy Security Act of 2019 (title LXXV of Public
Law 116-92) to clarify and expand sanctions relating to the
construction of Nord Stream 2 or Turkstream pipeline
projects.
The Senate amendment contained a similar provision (sec.
6231).
The Senate recedes with an amendment that would allow the
President to waive the application of sanctions to a person
if the President determines that the waiver would be in the
national interests of the United States. The amendment also
adds an exception clause and a requirement to consult with
certain countries and makes other technical amendments.
Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises (sec. 1243)
The Senate amendment contained a provision (sec. 1236) that
would extend through December 31, 2023, the authority
provided in section 1251 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
as amended by section 1247 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
The House bill contained no similar provision.
The House recedes.
Sense of Congress on support for the North Atlantic Treaty
Organization (sec. 1244)
The House bill included a provision (section 1242) that
would express the sense of Congress reaffirming the
commitment of the United States to the North Atlantic Treaty
Organization (NATO).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that in addition to
reaffirming the commitment of the United States to NATO,
would additionally express the sense of Congress on the
importance of NATO and need for further cooperation on issues
impacting national security.
Limitation on United States force structure reductions in
Germany (sec. 1245)
The House bill contained a provision (sec. 1241) that would
restrict reductions in the

[[Page H6667]]

levels of military personnel serving on Active Duty stationed
in Germany or Europe until certain conditions are met.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that expresses the
sense of Congress on the importance of the relationship with
Federal Republic of Germany and of the presence of U.S. force
structure in Germany. The amendment prohibits the reduction
in the number of members of the Armed Forces serving on
Active Duty stationed in Germany until 120 days after an
assessment is submitted to the appropriate committees of the
Congress with certain analyses and descriptions.
Report on United States military force posture in
Southeastern Europe (sec. 1246)
The House bill included a provision (section 1280) that
would, among other things, require a feasibility study of
increased rotational deployments to Greece.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit a report that would include an
assessment of the value, cost, and feasibility of increased
U.S. military presence in the Eastern Mediterranean Sea and
Black Sea regions, to include assessments of force posture in
Greece, Romania, Bulgaria, and other relevant locations.
The conferees note the importance of increased coherence in
North Atlantic Treaty Organization (NATO) alliance posture
and capabilities, especially in the Eastern Mediterranean and
Black Sea regions. The conferees encourage the Department of
Defense, in concert with efforts of NATO allies and partners,
to consider options for increasing U.S. presence in the
region as part of a more effective posture to promote
regional stability, deter Russian aggression, and address
Russian and Chinese malign activity.
Sense of Congress on support for coordinated action to ensure
the security of Baltic allies (sec. 1247)
The House bill contained provisions (secs. 1243 and 1244)
that would express the sense of Congress regarding support
for Estonia, Latvia, and Lithuania.
The Senate amendment contained a similar provision (sec.
1242).
The Senate recedes with an amendment that would express the
sense of Congress on the importance of the security of Baltic
allies to U.S. national interests and the need for continued
calibrated efforts to maintain the security of Baltic allies.
Sense of Congress on the role of the Kosovo Force of the
North Atlantic Treaty Organization (sec. 1248)
The Senate amendment contained a provision (sec. 1237) that
would express the sense of the Senate on matters relating to
Kosovo and the role of the Kosovo Force of the North Atlantic
Treaty Organization.
The House bill contained no similar provision.
The House recedes with a technical amendment.

Subtitle F--Matters Relating to the Indo-Pacific Region

Pacific Deterrence Initiative (sec. 1251)
The House bill contained a provision (sec. 1251) that would
express the sense of Congress that the Secretary of Defense
should pursue an integrated program of activities to reassure
partners and prioritize activities in the Indo-Pacific
region. The provision would express the sense of Congress
that such program should be funded at a base funding level of
$3.6 billion in fiscal year 2021. The provision would also
require the Secretary of Defense to implement a program,
named the Indo-Pacific Reassurance Initiative, that would
include a set of objectives and activities in the region.
Additionally, the provision would require the Secretary to
submit to the congressional defense committees a future years
plan on activities and resources of the Initiative.
The Senate amendment contained a similar provision (sec.
1251) that would require the Secretary of Defense to carry
out the Pacific Deterrence Initiative (PDI) to ensure the
effective implementation of the National Defense Strategy
with respect to the Indo-Pacific region. The provision would
describe the activities to be carried out under the PDI: (1)
Activities to increase the lethality of the Joint Force in
the Indo-Pacific region; (2) Activities to enhance the design
and posture of the Joint Force in the Indo-Pacific region;
(3) Activities to strengthen alliances and partnerships; and
(4) Activities to carry out a program of exercises,
experimentation, and innovation for the Joint Force in the
Indo-Pacific region. The provision would authorize $1.4
billion to be appropriated for the Secretary to carry out PDI
in fiscal year 2021, as specified in the funding table in
section 4502, and $5.5 billion for fiscal year 2022.
The House recedes with an amendment that would require the
Secretary of Defense to carry out the Pacific Deterrence
Initiative to prioritize activities in support of enhancing
U.S. deterrence and defense posture, reassuring allies and
partners, and increasing readiness and capability in the
Indo-Pacific region, primarily west of the International Date
Line. The provision delineates five purposes or lines of
effort and authorizes $2.2 billion in fiscal year 2021. The
provision would require the Secretary of Defense, in
consultation with the Commander of Indo-Pacific Command, to
deliver annually a report to the Congress that
comprehensively describes ongoing and proposed PDI activities
in the Indo-Pacific region, including a detailed budget
display and subsequent briefings. The conferees believe that
the availability of budgetary data organized according to
regional missions and the priorities of the combatant
commands is critical for the ability of the Department and
the Congress to assess the implementation of the National
Defense Strategy. Furthermore, a budgetary display is
included elsewhere in this Act that captures spending related
to the PDI. The conferees encourage the Department of Defense
to continue working with the Congress to improve budgetary
transparency in support of its oversight responsibilities.
The conferees appreciate the report submitted by the
Commander, Indo-Pacific Command, required by section 1253 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), which included the commander's
independent assessment of requirements in the area of
operations. Therefore, the conferees direct the Commander,
Indo-Pacific Command, to deliver to the Committees on Armed
Services of the Senate and the House of Representatives an
updated section 1253 briefing covering fiscal year 2022 and
the five succeeding fiscal years not later than March 1,
2021. Additionally, the conferees direct the chiefs of the
military services to deliver a coordinated briefing on the
respective services' ongoing contributions to the purposes
outlined under PDI and independent assessments of their
requirements in the Indo-Pacific region, primarily west of
the International Date Line. The briefing by the chiefs of
the military services shall be provided to the congressional
defense committees not later than April 1, 2021. The
conferees strongly urge the Department of Defense to
prioritize the Initiative and submit a budget request for
fiscal year 2022 that includes additional activities
identified as meeting the objectives of the initiative, and
believe $5.5 billion is appropriate for the PDI in fiscal
year 2022.
The conferees recognize that the spending levels between
base and Overseas Contingency Operations funding in the
President's budget for fiscal year 2021 were determined by
the Congress in the Bipartisan Budget Act of 2019 (Public Law
116-37). However, the conferees remain concerned that several
activities identified by the Committees on Armed Services of
the Senate and the House of Representatives as meeting the
definition of the Pacific Deterrence Initiative were funded
in the Overseas Contingency Operations budget for fiscal year
2021, such as Pacific Defender 2021. The conferees expect the
Department of Defense's budget submission for Pacific
Deterrence Initiative activities to be fully supported from
base budget accounts beginning in fiscal year 2022. The
activities necessary to fulfill the purpose of the Initiative
are anticipated and ongoing and should be the result of the
optimized planning processes that inform the base budget. As
with the European Deterrence Initiative, the combatant
commanders--along with U.S. allies and partners--require the
stability of planning and funding reinforced in those
processes.
The conferees also note that the House Report accompanying
H.R. 6395 (H. Rept. 116-442) of the National Defense
Authorization Act for Fiscal Year 2021 directed the Secretary
of Defense to provide a report on the activities and
resources necessary to achieve the objectives of the Indo-
Pacific Reassurance Initiative, including a plan to resource
U.S. force posture and capabilities and to identify and
assess the required infrastructure, military construction
investments, and logistics needs for the region, not later
than February 1, 2021. The conferees strongly urge the
Department to provide such an infrastructure master plan on
time to ensure the congressional defense committees are able
to meet their oversight responsibilities and ensure the
Department's resource requirements are forward-looking and
driven by strategy.

PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2021
(In Thousands of Dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Conference Conference
Line Program Name FY 2021 Request Senate Change House Change Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
MODERNIZE AND STRENGTHEN PRESENCE

Other Procurement, Army

164 PDI: Theater watercraft (incl. OPA lines 166, 43,025 0 0 0 43,025
183)........................................

[[Page H6668]]

165 PDI: Theater MSV-L ships..................... 76,576 0 0 0 76,576

Procurement, Marine Corps

22 Intelligence Support Equipment: MARFORPAC ISR 1,730 0 0 0 1,730
Enhancements................................

25 DCGS-MC MARFORPAC ISR Enhancements........... 11,937 0 0 0 11,937

Operations and Maintenance, Army

121 PDI: INDOPACOM Army UFR MDTF #1.............. 0 45,000 0 45,000 45,000

411 Security Programs: USARPAC Theater ISR Fusion 10,565 0 0 0 10,565
and Dissemination...........................

411 Security Programs: USARPAC C2 of ISR Common 9,023 0 0 0 9,023
Operations Picture/Command Intelligence
Picture.....................................

411 Security Programs: USARPAC End-to-End ISR to 20,875 0 0 0 20,875
Support Targeting...........................

411 Security Programs: USARPAC Persistent Deep 64,196 0 0 0 64,196
Look Intelligence...........................

Operations and Maintenance, Navy

1A1A Mission and Other Flight Operations: PACFLEET 14,748 0 0 0 14,748
MIP.........................................

1C3CSpace Systems and Surveillance: PACFLEET MIP. 31,495 0 0 0 31,495

1C6CCombat Support Forces: PACFLEET MIP.......... 388 0 0 0 388

1CCSINDOPACOM MISO............................... 8,810 17,700 0 0 8,810

Operations and Maintenance, Marine Corps

1A1A Operational Forces: Marine Rotational Force- 54,074 0 0 0 54,074
Darwin......................................

Operations and Maintenance, Air Force

11C Combat Enhancement Forces: PACAF............. 977 0 0 0 977

12C Other Combat Operations Support: PACAF....... 4,794 0 0 0 4,794

Operations and Maintenace, Defense-Wide

011A MDA: Guam THAAD Battery & AN/TPY-2 Radar..... 14,322 0 0 0 14,322

011A MDA: USFK THAAD Battery & AN/TPY-2 Radar..... 15,032 0 0 0 15,032

011A MDA: Japan FBM TPY-2 (Radar 1 and 2)......... 24,910 0 0 0 24,910

Research and Development, Defense-Wide

0604880C PDI: Guam Defense System--systems engineering 0 76,800 0 0 0

0605125J PDI: Guam Defense System J8 AoA.............. 1,000 0 0 0 1,000

0603881C THAAD: INDOPACOM THAAD/Patriot integration... 28,200 0 0 0 28,200

0603890C BMD Enabling Programs: USINDOPACOM THAAD/ 10,679 0 0 0 10,679
Patriot integration.........................

0603914C BMD Test: INDOPACOM THAAD/Patriot integration 47,164 0 0 0 47,164

0603915C BMD Test Targets: INDOPACOM THAAD/Patriot 6,564 0 0 0 6,564
integration.................................

Subtotal, MODERNIZE AND STRENGTHEN PRESENCE.. 501,084 139,500 0 45,000 546,084

EXERCISES, TRAINING, EXPERIMENTATION

Operations and Maintenance, Army

111 Defender 2021 home station training.......... 150,000 0 0 0 150,000

111 Defender 2021 expanded Pacific deployment 214,000 0 0 0 214,000
exercise....................................

121 Defender 2021 support transportation/ 12,793 0 0 0 12,793
personnel...................................

121/441/442 USARPAC Other Exercises & Security 51,808 0 0 0 51,808
Cooperation Program, including Pacific
Pathways & ORF..............................

Operations and Maintenance, Navy

1CCHPDI: Range study/program review.............. 1,000 0 0 0 1,000

PACFLEET Fleet training ops, etc............. 77,750 0 0 0 77,750

[[Page H6669]]

Operations and Maintenance, Marine Corps

1A1A MARFORPAC Training and Exercises............. 50,319 0 0 0 50,319

Operations and Maintenance, Air Force

11D PACAF Exercise Program--Air Operations....... 27,333 0 0 0 27,333

44A PACAF Exercise Program--International Support 3,033 0 0 0 3,033

Operations and Maintenance, Defense-Wide

8PL1 INDOPACOM Joint Staff CE2T2 Joint Exercise 128,452 0 0 0 128,452
Program.....................................

Subtotal, EXERCISES, TRAINING, 716,488 0 0 0 716,488
EXPERIMENTATION.............................

INFRASTRUCTURE IMPROVEMENTS

Military Construction, Navy

N/A PDI: Joint Communication Upgrade (FY21 166,000 0 0 0 166,000
authorized appropriations at $22M for
increment)..................................

N/A PDI: INDOPACOM Posture Initiatives........... 0 0 5,000 7,500 7,500

Military Construction, Air Force

N/A PDI: Guam Stand Off Weapons Complex, MSA 2... 56,000 0 0 0 56,000

N/A PDI: Tinian Airfield Development Phase 1 (Inc 20,000 19,500 0 19,500 39,500
2)..........................................

N/A PDI: Tinian Fuel Tanks with Pipeline & 7,000 0 0 -7,000 0
Hydrant Sys (Inc 2).........................

N/A PDI: Parking Apron (Inc 2)................... 15,000 0 0 6,500 21,500

N/A PDI: INDOPACOM Posture Initiaties............ 0 0 5,000 7,500 7,500

Military Construction, Defense-Wide

N/A PDI: Planning and Design, INDOPACOM.......... 0 15,000 0 0 0

Subtotal, INFRASTRUCTURE IMPROVEMENTS........ 264,000 34,500 10,000 34,000 298,000

LOGISTICS AND PREPOSITIONING OF EQUIPMENT

Other Procurement, Army

150 PDI: Bulk fuel distribution.................. 4,271 0 0 0 4,271

Operations and Maintenance, Navy

1CCHPDI: Movement Coordination Center............ 1,000 0 0 0 1,000

2A1F PACFLEET funding for maritime prepositioning 124,500 0 0 0 124,500
ships and forces/surge......................

1B2B PACFLEET funding for fleet ordnance support/ 61,509 0 0 0 61,509
receipt, segregation, storage, and issue of
ammunition..................................

Operations and Maintenance, Marine Corps

1B1B MARFORPAC Maritime Prepositioning Force-- 87,171 0 0 0 87,171
MARCORLOGCOM................................

Operations and Maintenance, Air Force

21D PACAF pre-positioning support................ 3,633 0 0 0 3,633

Subtotal, LOGISTICS AND PREPOSITIONING OF 282,084 0 0 0 282,084
EQUIPMENT...................................

DEFENSE AND SECURITY CAPABILITIES OF ALLIES
AND PARTNERS

Other Procurement, Air Force

14 PDI: Mission Partner Environment BICES-X..... 0 1,500 0 1,500 1,500

49 PDI: Mission Partner Environment PACNET...... 0 14,000 0 14,000 14,000

Operations and Maintenance, Air Force

[[Page H6670]]

12A PDI: Mission Partner Environment 0 30,800 13,500 30,800 30,800
implementation..............................

Research and Development, Air Force

0305600F PDI: Mission Partner Environment BICES-X 0 3,680 0 3,680 3,680
Project 675898..............................

Operations and Maintenance, Navy

1CCMPDI: Joint Task Force Indo-Pacific (SOCPAC).. 0 6,300 6,300 6,300 6,300

1CCMPDI: Singapore CTIF fusion center............ 0 2,000 2,000 2,000 2,000

1CCHPDI: Asia-Pacific Regional Initiative........ 10,000 4,600 0 4,600 14,600

4GTD PDI: Pacific Partnership..................... 5,830 0 0 0 5,830

Operations and Maintenance, Defense-Wide

4GTE PDI: Joint Interagency Task Force--West 0 13,000 0 13,000 13,000
Project 3309................................

4GTE PDI: Joint Interagency Task Force--West 0 2,800 0 2,800 2,800
Project 9202................................

4GTD PDI: Defense Security Cooperation Agency Sec. 254,662 -163,000 0 0 254,662
333.........................................

4GTD PDI: Capacity building (Maritime Security 37,000 163,000 0 0 37,000
Initiative).................................

N/A National Guard/State Partnership Program..... 6,130 0 0 0 6,130

Subtotal, DEFENSE AND SECURITY CAPABILITIES 313,622 78,680 21,800 78,680 392,302
OF ALLIES AND PARTNERS......................

Total, PACIFIC DETERRENCE INITIATIVE......... 2,077,278 252,680 31,800 157,680 2,234,958
--------------------------------------------------------------------------------------------------------------------------------------------------------

Extension and modification of prohibition on commercial
export of certain covered munitions items to the Hong
Kong Police Force (sec. 1252)
The House bill contained a provision (sec. 1260E) that
would direct the President to prohibit the issuance of
licenses to export covered defense articles and services and
covered munitions items to the Hong Kong police.
The Senate amendment contained a similar provision (sec.
1263).
The House recedes with a clarifying amendment.
Authority to transfer funds for Bien Hoa dioxin cleanup (sec.
1253)
The Senate amendment contained a provision (sec. 1253) that
would allow the Secretary of Defense to transfer not more
than $15.0 million in fiscal year 2021 to the Secretary of
State to be used by the United States Agency for
International Development for the Bien Hoa dioxin cleanup in
Vietnam.
The House bill contained no similar provision.
The House recedes.
Cooperative program with Vietnam to account for Vietnamese
personnel missing in action (sec. 1254)
The Senate amendment contained a provision (sec. 1254) that
would authorize the Secretary of Defense to carry out a
cooperative program with the Ministry of Defense of Vietnam
to assist in accounting for Vietnamese personnel missing in
action.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress on the United States-Vietnam defense
relationship (sec. 1255)
The Senate amendment contained a provision (sec. 1252) that
would commemorate the 25th anniversary of the normalization
of diplomatic relations between the United States and Vietnam
and express support for deepening defense cooperation between
the United States and Vietnam, including with respect to
maritime security, cybersecurity, counterterrorism,
information sharing, humanitarian assistance and disaster
relief, military medicine, peacekeeping operations, defense
trade, and other areas.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Pilot program to improve cyber cooperation with Vietnam,
Thailand, and Indonesia (sec. 1256)
The Senate amendment contained a provision (sec. 6251) that
would allow the Secretary of Defense, in consultation with
the Secretary of State, to establish a pilot program in
Vietnam, Thailand, and Indonesia to enhance their cyber
security, resilience, and readiness.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Report on the costs most directly associated with the
stationing of the Armed Forces in Japan (sec. 1257)
The House bill contained a provision (sec. 1287) that would
express the sense of Congress regarding Japan and Special
Measures Agreement report draft.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees note the United States-Japan alliance has
been the cornerstone of peace, stability, and security in the
Indo-Pacific for more than seven decades and reaffirm the
United States commitment to Article V of the Treaty of Mutual
Cooperation and Security between the United States of America
and Japan. The conferees commend Japan for its significant
contributions to regional and global security and the
substantial financial commitments of Japan to the maintenance
of United States forces in Japan. The conferees believe it is
in the national security interest of the United States that
the United States and Japan conclude a new Special Measures
Agreement, negotiated based on the principles of mutual
respect, equity, and our shared national security interests,
prior to the expiration of the current agreement.
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. 1258)
The House bill contained a provision (sec. 1252) that would
prohibit the use of funds authorized to be appropriated by
this Act to reduce the number of members of the Armed Forces
serving on Active Duty in the Republic of Korea below 28,500
until 180 days after the date that the Secretary of Defense
certifies to the congressional defense committees that such a
reduction is in the national security interest of the United
States, will not significantly undermine the security of the
United States' allies in the region, is commensurate with a
reduction in the threat posed by North Korea, that South
Korea is

[[Page H6671]]

capable of deterring a conflict, and the Secretary has
appropriately consulted with allies of the United States
regarding such a reduction.
The Senate amendment contained a similar provision (sec.
1260).
The House recedes with a technical amendment.
Inplementation of GAO recommendations on preparedness of
United States forces to counter North Korean chemical and
biological weapons (sec. 1259)
The House bill contained a provision (sec. 1253) that would
direct the Secretary of Defense to submit a plan not later
than 1 year after the date of the enactment of this Act to
the congressional defense committees to address the
recommendations in the U.S. Government Accountability
Office's (GAO) report on ``Preparedness of U.S. Forces to
Counter North Korean Chemical and Biological Weapons'' (GAO-
20-79C). The provision would also require the Secretary to
begin implementation of the plan not later than 18 months
after the date of the enactment of this Act. The Secretary
may decide not to implement one of report's recommendations
but must justify such a decision to the congressional defense
committees along with planned alternative actions to address
the conditions underlying the recommendation.
The Senate amendment contained no similar provision.
The Senate recedes.
Statement of policy and sense of Congress on the Taiwan
Relations Act (sec. 1260)
The House bill contained a provision (sec. 1258) that would
express the sense of Congress that Taiwan is a vital partner
of the United States and, consistent with the Taiwan
Relations Act (22 U.S.C. 3301), the United States should
continue to strengthen defense and security cooperation in
support of Taiwan maintaining a sufficient self-defense
capability.
The Senate amendment contained similar provisions (secs.
1258 and 1259).
The House recedes with a clarifying amendment.
Annual briefing on Taiwan arms sales (sec. 1260A)
The Senate amendment contained a provision (sec. 1264) that
would require, not later than 30 days after the date of the
enactment of this Act, the Secretary of State and the
Secretary of Defense, or their designees, to brief the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
on the efforts to implement section 209(b) of the Asia
Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on United States-Taiwan medical security partnership
(sec. 1260B)
The House bill contained a provision (sec. 1260) that would
require the Secretary of Defense, in consultation with the
Secretary of Health and Human Services, to submit a report to
the congressional defense committees, within 180 days of the
date of the enactment of this Act, on a U.S.-Taiwan medical
security partnership. The report would include the Department
of Defense's assessment of the goals, objectives, and
feasibility of establishing such partnership and an
evaluation of the two countries' cooperation and
collaboration on research and production of vaccines and
medicines, joint scientific conferences, exchanges of medical
supplies and equipment, and use of U.S. naval hospital ships.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense, in consultation with the Secretary of
Health and Human Services, to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives, within 180 days of the date of the enactment
of this Act, on the feasibility of establishing a medical
security partnership with the Ministry of Defense of Taiwan.
Establishment of capabilities to assess the defense
technological and industrial bases of China and other
foreign adversaries (sec. 1260C)
The House bill contained a provision (sec. 1255) that would
require the Secretary of Defense to enter into a contract
with a federally funded research and development center to
conduct a study on the defense industrial base of the
People's Republic of China.
The Senate amendment contained a similar provision (sec.
805) that would require the Secretary of Defense to establish
a process for assessing foreign industrial bases, to
integrate that process with other industrial base analysis
activities, and to report to the congressional defense
committees on that approach by March 15, 2021.
The Senate recedes with an amendment that would combine the
requirements of both provisions to establish a continuous
assessment activity for industrial bases of foreign
adversaries; direct an update on the status of establishing
that capability by March 15, 2021; and direct that the first
assessment, on China, cover certain additional topics and be
submitted by August 1, 2021.
The Department of Defense's September 2018 report on
``Assessing and Strengthening the Manufacturing and Defense
Industrial Base and Supply Chain Resiliency'' identifies
industrial policies of competitor nations as one of the five
macro forces driving risk into the United States industrial
base, noting ``the erosion of parts of our industrial base[]
is, in part, attributable to the industrial policies of major
trading partners that have created an unfair and non-
reciprocal trade environment.'' The report also cites China's
behavior in particular, to include Chinese economic
aggression, as a contributing factor. The conferees remain
concerned not only about the United States' overreliance on
China for key components of national security capabilities
but also about how China's own industrial policy has
facilitated this dynamic.
The conferees note the respective roles for the Defense
Counterintelligence and Security Agency (DCSA) and the
Industrial Policy office outlined in section 2509 of title
10, United States Code, as part of a framework for
modernizing acquisition processes to ensure the integrity of
the industrial base. The conferees acknowledge the increased
demands levied on the DCSA and believe that cooperation
between these two organizations on this activity will help to
anchor a strategic vision for expeditiously identifying and
countering evolving threats to the defense industrial base.
Extension of annual report on military and security
developments involving the People's Republic of China
(sec. 1260D)
The House bill contained a provision (sec. 1299D) that
would require the Secretary of Defense, in consultation with
relevant Federal departments and agencies, to prepare an
assessment on the People's Liberation Army of the People's
Republic of China's 2035 modernization targets.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend the
termination date for the reporting requirement in Section
1202(a) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65) from January 31, 2021 to
January 31, 2022.
Sense of Congress on the aggression of the Government of
China along the border with India and its growing
territorial claims (sec. 1260E)
The House bill contained provisions (secs. 1260B and 1282)
that would express the sense of Congress on cross-border
violence between the People's Republic of China and India and
the growing territorial claims of China.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Assessment of National Cyber Strategy to deter China from
engaging in industrial espionage and cyber theft (sec.
1260F)
The House bill contained a provision (sec. 1256) that would
require, not later than 180 days after the date of the
enactment of this Act, the President to submit to the
appropriate congressional committees a whole-of-government
strategy, in classified and unclassified forms, to impose
costs on the People's Republic of China (PRC) or appropriate
PRC persons or entities in order to deter industrial
espionage and the large-scale theft of personal information
conducted by the PRC, PRC persons or entities, or persons or
entities acting on behalf of the PRC against the United
States or United States persons.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on United Front Work Department (sec. 1260G)
The House bill contained a provision (sec. 1260A) that
would require the Secretary of Defense to submit to the
congressional defense committees a report on the extent to
which the United Front Work Department of the People's
Republic of China poses a threat to the national defense and
national security of the United States and an evaluation of
which actions, if any, the United States should take in
response to the threat and activities of the United Front
Work Department.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Public reporting of Chinese military companies operating in
the United States (sec. 1260H)
The House bill contained a provision (sec. 1254) that would
require a list of each entity determined to be directly or
indirectly owned, controlled, or beneficially owned by the
People's Liberation Army, or identified as a military-civil
fusion contributor to the Chinese defense industrial base,
engaged in providing commercial services, manufacturing,
producing, or exporting, and operating directly or indirectly
in the United States. It would also require the Secretary to
publish such list in the Federal Register.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on directed use of fishing fleets (sec. 1260I)
The House bill contained a provision (sec. 1265) that would
direct the Office of Naval Intelligence to conduct an
assessment of fishing fleets as the so-called ``third arm''
of foreign navies, the geopolitical challenge posed by
China's hybrid warfare activities, and the national security
threat to U.S. interests and those of our partners in the
region posed by illegal, unreported and unregulated fishing
and other illegal activity at sea.
The Senate amendment contained no similar provision.

[[Page H6672]]

The Senate recedes with an amendment that would add the
Senate Committee on Commerce, Science, and Transportation as
a report recipient.

Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020

Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020 (secs. 1261-1270E)
The House bill contained within title XII a subtitle M that
included the Sudan Democratic Transition, Accountability, and
Fiscal Transparency Act of 2020.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
various modifications to the provision.

Subtitle H--United States Israel Security Assistance Authorization Act
of 2020

Short title (sec. 1271)
The Senate amendment contained a provision (sec. 6290) that
delineates that the subtitle may be cited as the ``United
States-Israel Security Assistance Authorization Act of
2020.''
The House bill contained no similar provision.
The House recedes.
Sense of Congress on United States-Israel relationship (sec.
1272)
The Senate amendment contained a provision (sec. 6292) that
expressed the policy of the United States to provide
assistance to the Government of Israel.
The House bill contained no similar provision.
The House recedes with an amendment that would express the
sense of Congress on the United States-Israel relationship,
including on assistance to the Government of Israel.
Security assistance for Israel (sec. 1273)
The Senate amendment contained a provision (sec. 6293) that
would amend section 513(c) of the Security Assistance Act of
2000 (Public Law 106-280; 114 Stat. 856).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Extension of war reserves stockpile authority (sec. 1274)
The Senate amendment contained a provision (sec. 6294) that
would amend section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
and Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A)).
The House bill contained no similar provision.
The House recedes.
Rules governing the transfer of precision-guided munitions to
Israel above the annual restriction (sec. 1275)
The Senate amendment contained a provision (sec. 6296) that
would exempt transfers of precision-guided munitions (PGMs)
to Israel from certain requirements under section 514 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h).
The House bill contained no similar provision.
The House recedes with an amendment that would make
technical modifications and direct certain determinations and
certifications by the Secretary of Defense that, among other
requirements, any transfer under this authority would not
harm U.S. combat capabilities. The amendment would also
require an assessment and a report on Israeli PGM
stockpiles and operational requirements as well as of U.S.
stockpiles and operational requirements.
The conferees recognize the importance of Israel
maintaining adequate Israeli PGM stockpiles to support its
security needs and urge the Government of Israel to make
substantive, recurring investments in acquiring and
maintaining an adequate PGM stockpile for their self-defense.
The conferees understand that adequate U.S. PGM stockpiles
are needed to fulfill a range of U.S. national security
objectives, including the execution of critical U.S. military
operation plans, and believe that before any transfers of
PGMs from U.S. stockpiles are made, the administration must
consider the risks and impact to U.S. combat capability and
capacity.
The conferees strongly encourage that any precision-guided
munition transfers to Israel, as stated in this section,
occur only if they are necessary for Israel to respond to an
imminent attack and if Israel's current supply or stockpile
of precision-guided munitions does not allow it to
appropriately respond to the threat. The conferees expect the
administration to take concrete and expeditious steps to
mitigate any increased risk to U.S. warfighter requirements
of such transfers. The conferees also expect that the
administration will consult to the maximum extent practicable
at the earliest opportunity with the appropriate
congressional foreign policy and defense committees before
making transfers of PGMs to any partner or ally.
Eligibility of Israel for the strategic trade authorization
exception to certain export control licensing
requirements (sec. 1276)
The Senate amendment contained a provision (sec. 6298) that
would require the President to brief appropriate
congressional committees, not later than 120 days after the
date of the enactment of this Act, on steps taken to include
Israel on a list of countries eligible for the strategic
trade authorization exception under section 740.20(c)(1) of
title 15, Code of Federal Regulations.
The House bill contained no similar provision.
The House recedes with a technical amendment.
United States Agency for International Development memoranda
of understanding to enhance cooperation with Israel (sec.
1277)
The Senate amendment contained a provision (sec. 6299) that
would authorize the Secretary of State, acting through the
Administrator of the United States Agency for International
Development, to enter into memoranda of understanding with
Israel to advance common goals in certain areas.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees encourage the Department of State and the
United States Agency for International Development to
continue to cooperate with Israel to advance common
development goals in third countries across a wide variety of
sectors including energy, agriculture, food security,
democracy, human rights, governance, economic growth, trade,
education, environment, global health, water, and sanitation.
Cooperative projects among the United States, Israel, and
developing countries (sec. 1278)
The Senate amendment contained a provision (sec. 6299A)
that would amend section 106 of the Foreign Assistance Act of
1961 (22 U.S.C. 2151d).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Joint cooperative program related to innovation and high-tech
for the Middle East region (sec. 1279)
The Senate amendment contained a provision (sec. 6299B)
that would authorize the Administrator of the United States
Agency for International Development to establish a program
between the United States and appropriate regional partners
in the Middle East to support projects related to innovation
and advanced technologies.
The House bill contained no similar provision.
The House recedes.
Cooperation on directed energy capabilities (sec. 1280)
The Senate amendment contained a provision (sec. 6299D)
that would require establishment of a program on research,
development, test, and evaluation activities, on a joint
basis with Israel, on directed energy capabilities.
The House bill contained no similar provision.
The House recedes with an amendment that would require a
report on the evaluation of potential areas for directed
energy cooperation and allow the Department of Defense to
establish a cooperative program if the United States-Israel
Defense Acquisition Advisory Group determines there are
viable areas of mutual benefit to the combat capabilities of
the Department of Defense and the Ministry of Defense of
Israel.
Other matters of cooperation (sec. 1280A)
The Senate amendment contained a provision (sec. 6299F)
that would authorize activities of cooperation between the
United States and Israel, with the concurrence of the
Secretary of State, and aligned with the National Security
Strategy of the United States and other Federal agency
strategies.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Appropriate congressional committees defined (sec. 1280B)
The Senate amendment contained a provision (sec. 6290A)
that would define the term ``appropriate congressional
committees'' for the United States-Israel Security Assistance
Act subtitle.
The House bill contained no similar provision.
The House recedes.

Subtitle I--Global Child Thrive Act of 2020

Global Child Thrive Act of 2020 (secs. 1281-1285)
The House bill contained within Title XII a subtitle H that
included the Global Child Thrive Act of 2020.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
various modifications to the provision.

Subtitle J--Matters Relating to Africa and the Middle East

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. 1291)
The House bill contained a provision (sec. 1267) that would
require a report to the Congress 60 days after the enactment
of this Act on the average total number of United States
Armed Forces under the direct authority of the Commander of
United States Africa Command and deployed to the United
States Africa Command area of responsibility and a follow up
report not later than 90 days after the enactment of this Act
should the Department reduce the total number of United
States Armed Forces

[[Page H6673]]

under the direct authority of the Commander of United States
Africa Command and deployed to the United States Africa
Command area of responsibility.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to provide a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives within 30 days of the Department of Defense
reducing the number of specified United States Armed Forces
in fiscal year 2021 below 80 percent of the number of such
forces deployed in the United States Africa Command area of
responsibility on the date of the enactment of this Act. The
provision would also require, not later than 120 days after
the date of such a reduction, the Secretary of Defense to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives.
Notification with respect to withdrawal of members of the
Armed Forces participating in the Multinational Force and
Observers in Egypt (sec. 1292)
The House bill contained a provision (sec. 1270) that would
express the sense of Congress regarding United States
military support for and participation in the Multinational
Force and Observers.
The Senate amendment contained a provision (sec. 1284)
requiring a report 30 days before the reduction of the total
number of the Armed Forces deployed to the Multinational
Force and Observers in Egypt to fewer than 430 such members
of the Armed Forces.
The House recedes with an amendment.
The conferees note that the mission of the Multinational
Force and Observers (MFO) is to supervise implementation of
the security provisions of the Egypt-Israel Peace Treaty,
signed at Washington on March 26, 1979, and employ best
efforts to prevent any violation of its terms. The MFO was
established by the Protocol to the Egypt-Israel Peace Treaty,
signed on August 3, 1981, and remains a critical institution
for regional peace and stability. As a signatory to the
Egypt-Israel Peace Treaty and subsequent Protocol, the
conferees strongly support and encourage continued United
States military support for and participation in the MFO.
Report on enhancing security partnerships between the United
States and African countries (sec. 1293)
The House bill contained a provision (sec. 1268) that would
require a report on the activities and resources required to
enhance security and economic partnerships between the United
States and African countries.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
elements of the required report.
Plan to address gross violations of human rights and civilian
harm in Burkina Faso, Chad, Mali, and Niger (sec. 1294)
The House bill contained a provision (sec. 1277) that would
require, not later than 180 days after the enactment of this
Act, and annually thereafter for 3 years, the Secretary of
Defense and the Secretary of State to jointly submit to the
appropriate congressional committees a report on gross
violations of human rights and civilian harm in Burkina Faso,
Mali, and Niger, as well as civilian harm that may occur
during United States-supported advise, assist, and accompany
operations in the Sahel region.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct, not
later than 180 days after the date of enactment of this Act,
the Secretary of State, in consultation with the Secretary of
Defense, to submit to specified 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.
Statement of policy and report relating to the conflict in
Yemen (sec. 1295)
The House bill contained a provision (sec. 1275) that would
make a statement of policy regarding Yemen. This section
would also require the Secretary of State, in consultation
with the Secretary of Defense and the Director of National
Intelligence, to submit to the appropriate congressional
committees a report on United States policy in Yemen. This
provision would also require, not later than 180 days after
the date of the enactment of this Act, the Comptroller
General of the United States to submit to the appropriate
congressional committees a report on United States military
support to countries that are members of the Saudi-led
coalition in Yemen since March 2015.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment. The
conferees note that elements of the House provision requiring
a report by the Comptroller General of the United States are
addressed elsewhere in this Act.
Report on United States military support of the Saudi-led
coalition in Yemen (sec. 1296)
The House bill contained a provision (sec. 1271) that would
require the Comptroller General of the United States to
submit a report that includes a description of the military
support, training, and defense articles provided by the
Department of Defense to Saudi Arabia, the Government of the
United Arab Emirates, and other countries participating in
the Saudi-led coalition since March 2015.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
elements required by the report.
Sense of Congress on payment of amounts owed by Kuwait to
United States medical institutions (sec. 1297)
The House bill contained a provision (sec. 1295) that would
express the sense of Congress regarding payment amounts owed
by Kuwait to United States medical institutions.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.

Subtitle K--Other Matters

Provision of goods and services at Kwajalein Atoll, Republic
of the Marshall Islands (sec. 1299A)
The House bill contained a provision (sec. 1261) that would
authorize the Secretary of the Army, subject to the
concurrence of the Secretary of State, to provide goods and
services to the Government of the Republic of the Marshall
Islands and to other eligible patrons at Kwajalein Atoll. It
would also authorize the Secretary of the Army to collect
reimbursement from the Government of the Republic of the
Marshall Island or eligible patrons for such goods and
services in an amount that does not exceed the costs to the
United States for providing such goods or services and does
not exceed $7.0 million annually.
The Senate amendment contained a similar provision (sec.
1255).
The House recedes.
Report on contributions received from designated countries
(sec. 1299B)
The Senate amendment contained a provision (sec. 1272) that
would modify section 2350j of title 10, United States Code,
by requiring an annual report on burden sharing contributions
received from designated countries under this authority and
the purposes for which such contributions were used.
The House bill contained no similar provision.
The House recedes with an amendment that would make
modifications to the elements of the required report.
Modification to initiative to support protection of national
security academic researchers from undue influence and
other security threats (sec. 1299C)
The House bill contained provisions (secs. 228, 233, and
1264) that would direct the Secretary of Defense to maintain
a list of foreign talent recruitment programs that present a
threat to the United States and publish the list in the
Federal Registrar; require the Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, to designate an official to work with the
academic and research communities to protect academic
research funded by the Department of Defense from undue
foreign influences and threats; and modify requirements of
the initiative to support protection of national security
academic researchers from undue influence and other security
threats.
The Senate amendment contained provisions (secs. 1285 and
6282) that would amend section 1286 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) to include requirements for briefings to
appropriate senior officials of institutes of higher
education on the espionage risks posed by near-peer strategic
competitors, among other things.
The House recedes with an amendment that would amend
section 1286 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 to incorporate these
provisions into the initiative to protect national security
academic researchers from undue influence and other security
threats, with technical edits.
The modified provision mandates the designation of a
government official to act as an academic liaison with
principal responsibility for working with academia to develop
and execute initiatives to protect Department-sponsored
academic research from undue foreign influence and threats;
clarifies that the initiatives are intended to be developed
and executed with all appropriate academic research
institutions; mandates establishment of requirements for
briefings on espionage risks to appropriate senior academic
officials; clarifies requirements on the development of a
list of foreign talent programs that pose a threat to U.S.
national security interests; establishes additional
procedures, consistent with government best practices and
overseen by the designated academic liaison, for enhanced
information sharing between the government and academic
institutions with respect to fundamental research programs;
and mandates additional reporting on lists of academic
institutions and foreign threat programs of concern to the
Congress and the public.
Extension of authorization of non-conventional assisted
recovery capabilities (sec. 1299D)
The Senate amendment contained a provision (sec. 1282) that
would modify section 943(g) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417), as most recently amended by section 1282(a) of the
National

[[Page H6674]]

Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328), by extending for 3 years the authority of the
Department of Defense to engage in non-conventional assisted
recovery (NAR) activities.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
authority of the Department of Defense to engage in non-
conventional assisted recovery activities for 2 years.
The conferees note the importance of NAR activities to
support the strategic planning and execution of military
operations by the Department. Therefore, the conferees direct
the Assistant Secretary of Defense for Special Operations and
Low-Intensity Conflict, not later than February 1, 2021, to
provide to the Committees on Armed Services of the Senate and
the House of Representatives a detailed briefing on the
Department's use of the authority to engage in NAR
activities. The briefing should address, at a minimum, the
following:
(1) Current and anticipated NAR requirements and associated
funding;
(2) Mechanisms used to ensure appropriate coordination of
NAR activities with other related activities of the
Department and other relevant entities of the U.S.
Government; and
(3) Any other matters deemed relevant by the Assistant
Secretary.
Annual briefings on certain foreign military bases of
adversaries (sec. 1299E)
The House bill contained a provision (sec. 1262) that would
direct the Secretary of Defense and the Chairman of the Joint
Chiefs of Staff to provide an annual assessment of covered
foreign military bases, including such bases of China,
Russia, and Iran, identifying the activities and capabilities
at such base and the impact on U.S. national security
interests.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would sunset the
requirement after 5 years.
Countering white identity terrorism globally (sec. 1299F)
The House bill contained a provision (sec. 1274) that would
require, not later than 6 months after the date of the
enactment of this Act, the Secretary of State to develop and
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate, a strategy for countering white identity terrorism
globally, and designate the State Department Coordinator for
Counterterrorism to coordinate implementation of the
strategy. The provision would require the Secretary of State
to 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.
Further, development of the strategy would include
consultation with representatives of United States and
international civil society and academic entities with
experience researching or implementing programs to counter
white identity terrorism. Further, the provision would
require the Secretary of State to begin implementing the
strategy within 3 months of its submission to the Congress.
Finally, the provision would require that not later than 60
days after the date of the enactment of this Act, the
Secretary of State enter into a contract with a federally
funded research and development center to map the global
white identity terrorism movement.
The Senate amendment contained no similar provision.
The Senate recedes.
Report on progress of the Department of Defense with respect
to denying the strategic goals of a competitor against a
covered defense partner (sec. 1299G)
The House bill contained a provision (sec. 1263) that would
require a report, not later than April 30, 2021, and annually
thereafter until 2026, on improving the ability of the United
States Armed Forces to conduct combined joint operations to
deny the ability of a strategic competitor to execute a fait
accompli against a covered defense partner.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Comparative studies on defense budget transparency of the
People's Republic of China, the Russian Federation, and
the United States (sec. 1299H)
The Senate amendment contained a provision (sec. 6281) that
would require the Secretary of Defense to carry out a study
and enter into contracts for two additional studies to
provide comparative analysis of the defense budgets of the
People's Republic of China, the Russian Federation, and the
United States of America.
The House bill contained no similar provision.
The House recedes with an amendment that would eliminate
one of the three studies and clarify the research tasks for
the remaining studies conducted by the Department of Defense
and a federally funded research and development center.
The conferees note the importance to national security
policymakers of a standardized, comprehensive methodology for
measuring the defense-related expenditures and financial
levels of effort of the People's Republic of China and the
Russian Federation, particularly given the extremely opaque
budgeting practices of those countries. The conferees
understand the difficulty of this research question and
appreciate the attempts made to date by think tanks and
federally funded research and development centers to provide
further fidelity on the Chinese and Russian defense-related
budgets. However, the conferees believe that further work
remains necessary to better understand the Chinese and
Russian defense-related budgets. Therefore, the conferees
strongly urge the Department of Defense to expeditiously
initiate its study and to award a contract for the
independent study at the earliest opportunity.
Assessment of weapons of mass destruction terrorism (sec.
1299I)
The House bill contained a provision (sec. 1299J) that
would make it the policy of the United States to prevent the
acquisition and use of weapons of mass destruction by
malicious non-state actors. The provision would also express
the sense of Congress that various means of international
outreach are essential to the completion of this important
mission. The provision would require the President, acting
through the Secretary of Defense, the Secretary of State, the
Secretary of Energy, and the Director of National
Intelligence, to prepare a report on the risks associated
with weapons of mass destruction terrorism and provide a 5-
year strategy for reducing said risks. The provision would
further express the sense of Congress that the United States
should expand international nuclear security programs as far
as practicable. The provision would also require a separate
report from the National Academy of Sciences on the
prevention of weapons of mass destruction terrorism and
authorize to be appropriated an additional $1.0 million for
the conduct of such a report. Finally, the provision would
require the President to provide a report on all ongoing
United States Government cooperative threat reduction
programs.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike the
statement of policy, both senses of Congress, the reporting
requirement on weapons of mass destruction terrorism, and the
reporting requirement on ongoing cooperative threat reduction
programs. The National Academy of Sciences reporting
requirement would be retained without the additional funding
and with modifications to the timing of said reporting
requirement.
The conferees direct the Secretary of Defense, in
consultation with the Secretaries of Energy and State and in
further consultation with the Director of National
Intelligence, to provide a briefing to the appropriate
congressional committees, no later than June 30, 2021, on
efforts to implement the policies described in subsection (a)
of the House provision as well as the approximate budget
required to implement each such line of effort effectively
over the next 5 years.
The briefing should consider an assessment of nuclear,
radiological, biological, and chemical terrorism and foreign
state risks and other emerging risks facing the United States
and its allies by foreign state, state-affiliated, and non-
state actors efforts. In particular, the briefing should
consider the risk of biological threats, including the
proliferation of biological weapons and the risk of
accidental release of dangerous pathogens due to unsafe
practices and facilities, as well as the risk of
uncontrolled, naturally occurring disease outbreaks that may
pose a threat to the United States or its Armed Forces or
allies. The briefing shall address the status of national
efforts to meet obligations to provide effective security and
accounting for nuclear weapons and for all weapons-useable
nuclear materials in foreign states that possess such weapons
and materials.
The briefing shall propose a strategy to reduce the risk of
nuclear, radiological, biological, and chemical terrorism
over the next 5 years including a plan to prevent the
proliferation of biological weapons, and expertise, which
shall include activities that facilitate detection and
reporting of highly pathogenic diseases or other diseases
that are associated with or that could be used as an early
warning mechanism for disease outbreaks.
The conferees note that the United States, to the extent
practicable, should continue to work with international
partners to reduce:
(1) Terrorist organization and other violent non-state
actor access to the agents, precursors, and materials needed
to produce weapons of mass destruction;
(2) The number of foreign states that possess weapons of
mass destruction; and
(3) The global quantity of weapons of mass destruction.
Review of Department of Defense compliance with ``Principles
Related to the Protection of Medical Care Provided by
Impartial Humanitarian Organizations During Armed
Conflicts'' (sec. 1299J)
The House bill contained a provision (sec. 1297) that would
provide a statement of Congress and a statement of policy
regarding the protection of medical care provided by
impartial humanitarian organizations during armed conflicts.
The provision would require

[[Page H6675]]

the Secretary of Defense, within 60 days of the date of the
enactment of this Act, to submit to the appropriate
congressional committees the 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, policies, practices, and
procedures with the ``Principles Related to the Protection of
Medical Care Provided by Impartial Humanitarian Organizations
During Armed Conflicts.''
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense, within 180 days of the date of the
enactment of this Act, to submit to the Committees on Armed
Services of the Senate and the House of Representatives any
available results of such review requested by the Secretary.
The provision would require the Secretary to ensure that all
orders, rules of engagement, directives, regulations,
policies, practices, and procedures, including any guidance,
training, or standard operating procedures, relating to
the protection of healthcare during armed conflicts are
consistent with the principles referenced above.
Certification relating to assistance for Guatemala (sec.
1299K)
The House bill contained a provision (sec.1299K) that would
require, 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 to certify
to specified congressional committees that such ministries
have made a credible commitment to use such equipment only
for the uses for which they were intended. The provision
would also require, not later than 60 days after the date of
enactment of this Act, the Secretary of State, in
coordination with the Administrator of the Agency for
International Development and the Secretary of Defense, as
appropriate, to issue regulations related to the recovery of
Department of Defense assistance in specified circumstances.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require,
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 to certify to specified
congressional committees that such ministries have made a
credible commitment to use such equipment only for the uses
for which they were intended.
The conferees urge the Guatemala security forces to
continue to emphasize the importance of human rights and
adherence to international law. The conferees note that
existing law and related policy requires that recipients of
Department of Defense assistance use it for the purposes for
which the assistance was provided and consistent with human
rights and international law. The conferees expect that the
Secretary will seek to ensure that any such assistance
provided to the Government of Guatemala is compliant with
such requirements and the conferees expect that the Secretary
will promptly notify the Committees on Armed Services of the
Senate and the House of Representatives of any confirmed
misuse of Department of Defense-provided assistance.
The conferees direct that, not later than 30 days after the
date of 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 on the Department of
Defense security cooperation relationship with the Government
of Guatemala. The briefing shall address Department of
Defense objectives with regards to its security relationship
with Guatemala, ongoing efforts by the Department of Defense
to strengthen adherence to human rights and international law
by Guatemalan national security forces that receive
Department of Defense security sector assistance, and a
description of any efforts by the Department of Defense to
seek to ensure that equipment transferred from the Department
of Defense to Guatemalan national security forces use such
equipment for the purposes for which they were intended.
Functional Center for Security Studies in Irregular Warfare
(sec. 1299L)
The Senate amendment contained a provision (sec. 1209) that
would require the Secretary of Defense, in coordination with
the Secretary of State, to submit a report, not later than 90
days after the date of the enactment of this Act, that
assesses the merits and feasibility of establishing and
administering a Department of Defense Functional Center for
Security Studies in Irregular Warfare. Further, not earlier
than 30 days after the submission of the required plan and
subject to the availability of appropriations, the provision
would provide discretionary authority to the Secretary to
establish and administer such a center.
The House bill contained no similar provision.
The House recedes with an amendment that would make
modifications to the elements of the required plan and the
authority for the Secretary to establish the Center.
Consistent with the assessment required by subsection
(a)(2)(F), the Secretary may consider the McCain Institute at
the Arizona State University in Tempe, Arizona as a potential
location for the establishment of the Center.
United States-Israel operations-technology cooperation within
the United States-Israel Defense Acquisition Advisory
Group (sec. 1299M)
The Senate amendment contained provisions (secs. 1286 and
6286) that would direct the Secretary of Defense to establish
a United States-Israel Operations-Technology Working Group to
evaluate potential options to develop combined United States-
Israel plans for cooperative research and development to meet
common capability requirements of the Department of Defense
and the Ministry of Defense of Israel.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the
Secretary of Defense, under the United States-Israel Defense
Acquisition Advisory Group, to evaluate potential areas of
cooperation of mutual benefit between the Department of
Defense and the Ministry of Defense of Israel. The amendment
would also require an annual report to appropriate committees
of the Congress on such evaluations and the resulting
recommendations. Finally, it would allow the Secretary of
Defense, in consultation with appropriate heads of other
Federal agencies, to establish under the vice chairman of the
United States-Israel Defense Acquisition Advisory Group a
working group on operations technology issues to facilitate
such evaluations and recommendations.
Payment of passport fees for certain individuals (sec. 1299N)
The House bill contained a provision (sec. 1299) that would
amend section 214 of title 22, United States Code, to waive
passport fees for the purpose of allowing family members of
seriously wounded or ill military personnel stationed
overseas to travel and provide aid in the health and welfare
of the sick or injured servicemember.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
section 452 of title 37, United States Code, to authorize the
Department of Defense to provide reimbursement of or advanced
payment for passport and visa fees, as required.
Resumption of Peace Corps operations (sec. 1299O)
The House bill contained a provision (sec. 1299F) that
would require, not later than 90 days after the enactment of
this Act, the Director of the Peace Corps to 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 cases of volunteers who were serving China
and Mongolia), due to the COVID-19 public health emergency;
(2) Obtain approval from countries, as is safe and
appropriate, to return volunteers and trainees to countries
of service, predicated on the ability for volunteers and
trainees to return safely and legally;
(3) Provide adequate measures necessary for the safety and
health of volunteers and trainees and develop contingency
plans in the event overseas operations are disrupted by
future COVID-19 outbreaks;
(4) Develop and maintain a robust volunteer cohort; and
(5) Identify the need for anticipated additional
appropriations or new statutory authorities and changes in
global conditions that would be necessary to achieve the goal
of safely enrolling 7,300 Peace Corps volunteers during the
1-year period beginning on the date on which Peace Corps
operations resume.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Establishment of the Open Technology Fund (sec. 1299P)
The House bill contained a provision (sec. 1294) that would
amend the United States International Broadcasting Act of
1994 (22 U.S.C. 6201 et seq.) by authorizing the
establishment of an Open Technology Fund for the purposes
specified in such section.
The Senate amendment contained a similar provision (sec.
1210).
The Senate recedes.
United States Agency for Global Media (sec. 1299Q)
The House bill contained a provision (sec. 1291) that
included the U.S. Agency for Global Media Reform Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
various modifications to the provision.
Leveraging information on foreign traffickers (sec. 1299R)
The House bill contained within Title XII a subtitle O that
included the Leveraging Information on Foreign Traffickers
Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
various modifications to the provision.
Rule of construction relating to use of military force (sec.
1299S)
The House bill contained a provision (sec. 1273) that would
clarify that nothing in this

[[Page H6676]]

Act or any amendment made by this Act may be construed to
authorize the use of military force.
The Senate amendment contained no similar provision.
The Senate recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority to build capacity for air sovereignty operations
The Senate amendment contained a provision (sec. 1202)
that would modify section 333 of title 10, United States
Code, relating to the authority of the Secretary of Defense
to conduct or support programs to provide training and
equipment to the national security forces of one or more
foreign countries by adding air sovereignty operations to the
list of authorized functional areas in which such support may
be provided.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that elsewhere in this Act is a
provision that would modify section 333 of title 10, United
States Code to add air domain awareness operations to the
list of authorized support.
Report on human rights and building partner capacity
programs
The House bill contained a provision (sec. 1206) that
would require, not later than 120 days after the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State, to submit to the appropriate
congressional committees a report identifying units of
national security forces of foreign countries that have
participated in programs pursuant to section 333 of title 10,
United States Code, during any of fiscal years 2017 through
2020 and are subject to United States sanctions relating to
gross violations of internationally recognized human rights.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress on Peshmerga forces as a partner in
Operation Inherent Resolve
The House bill contained a provision (sec. 1226) that
would express the sense of Congress regarding Peshmerga
forces as a partner in Operation Inherent Resolve.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Peshmerga of the Kurdistan
Region of Iraq, as a partner in Operation Inherent Resolve,
have made, and continue to make, significant contributions to
the security of Northern Iraq by defending nearly 650 miles
of critical terrain and conducting operations to degrade,
dismantle, and ultimately defeat the Islamic State of Iraq
and Syria (ISIS) in Iraq. Although ISIS has been severely
degraded, the terrorist group's ideology and combatants still
linger and pose a threat of resurgence if regional security
is not sustained. A strong Peshmerga and Kurdistan Regional
Government is critical to maintaining a stable and tolerant
Iraq in which all faiths, sects, and ethnicities are afforded
equal protection under the law and full integration into the
Government and society of Iraq. Continued security
assistance, as appropriate, to the Ministry of Peshmerga
Affairs of the Kurdistan Region of Iraq in support of
counter-ISIS operations, in coordination with the Government
of Iraq, is critical to United States national security
interests. Continued United States support to the Peshmerga,
coupled with security sector reform in the region, will
enable them to partner more effectively with other elements
of the Iraqi Security Forces, the United States, and other
coalition members to consolidate gains, hold territory, and
protect infrastructure from ISIS and its affiliates in an
effort to deal a lasting defeat to ISIS and prevent its
reemergence in Iraq.
Report on the threat posed by Iranian-backed militias in
Iraq
The House bill contained a provision (sec. 1227) that
would require, not later than 180 days after the enactment of
this Act, the Secretary of Defense, in consultation with the
Secretary of State to submit to the appropriate congressional
committees a report on the short- and long-term threats posed
by Iranian-backed militias in Iraq to Iraq and to United
States persons and interests.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
consultation with the Secretary of State, to submit to the
appropriate congressional committees a report on the short-
and long-term threats posed by Iranian-backed militias in
Iraq to Iraq and to United States persons and interests not
later than 180 days after the enactment of this Act. The
report should include a detailed description of acts of
violence and intimidation that Iranian-backed militias in
Iraq have committed against Iraqi civilians during the
previous 2 years; a detailed description of the threat that
Iranian-backed militias in Iraq pose to United States persons
in Iraq and in the Middle East, including United States Armed
Forces and diplomats; a detailed description of the threat
Iranian-backed militias in Iraq pose to United States
partners in the region; a detailed description of the role
that Iranian-backed militias in Iraq play in Iraq's armed
forces and security services, including Iraq's Popular
Mobilization Forces; and an assessment of whether and to what
extent any Iranian-backed militia in Iraq, or member of such
militia, had illicit access to United States-origin defense
equipment provided to Iraq since 2014 and the response from
the Government of Iraq to each incident.
Sense of Congress on support for Ukraine
The House bill contained a provision (sec. 1235) that
would express the sense of Congress reaffirming support for
an enduring strategic partnership between the United States
and Ukraine, including support for Ukraine's sovereignty and
territorial integrity and both lethal and non-lethal security
assistance to build resiliency, bolster deterrence against
Russia, and promote stability.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that continued strong support for
Ukraine is reaffirmed elsewhere in this report, including
extension and modification of the Ukraine Security Assistance
Initiative.
Sense of Senate on North Atlantic Treaty Organization
enhanced opportunities partner status for Ukraine
The Senate amendment contained provisions (secs. 1235 and
6235) that would express the sense of the Senate that the
United States should support the designation of Ukraine as an
enhanced opportunities partner as part of the Partnership
Interoperability Initiative of the North Atlantic Treaty
Organization (NATO).
The House bill contained no similar provision.
The Senate recedes.
The conferees note that as of June 2020, Ukraine has
achieved enhanced opportunities partner status with NATO,
enabling the country to benefit from enhanced access to
interoperability programs and exercises, as well as increased
sharing of information.
Report on the threat posed by Iranian-backed militias in
Iraq
The House bill contained a provision (sec. 1227) that
would require, not later than 180 days after the enactment of
this Act, the Secretary of Defense, in consultation with the
Secretary of State, to submit to the appropriate
congressional committees a report on the short- and long-term
threats posed by Iranian-backed militias in Iraq to Iraq and
to United States persons and interests.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
consultation with the Secretary of State, to submit to the
appropriate congressional committees a report on the short-
and long-term threats posed by Iranian-backed militias in
Iraq to Iraq and to United States persons and interests not
later than 180 days after the enactment of this Act. The
report shall include a detailed description of acts of
violence and intimidation that Iranian-backed militias in
Iraq have committed against Iraqi civilians during the
previous 2 years; a detailed description of the threat that
Iranian-backed militias in Iraq pose to United States persons
in Iraq and in the Middle East, including United States Armed
Forces and diplomats; a detailed description of the threat
Iranian-backed militias in Iraq pose to United States
partners in the region; a detailed description of the role
that Iranian-backed militias in Iraq play in Iraq's armed
forces and security services, including Iraq's Popular
Mobilization Forces; and an assessment of whether, and to
what extent, any Iranian-backed militia in Iraq, or member of
such militia, had illicit access to United States-origin
defense equipment provided to Iraq since 2014 and the
response from the Government of Iraq to each incident.
Report on presence of Russian military forces in other
foreign countries
The House bill contained a provision (sec. 1236) that
would require a report on the presence of Russian forces in
foreign countries.
The Senate amendment contained no similar provision.
The House recedes.
Countering Russian and other overseas kleptocracy
The House bill contained a provision (sec. 1238) that
would establish a program intended to address corruption and
kleptocracy in Russia and other foreign governments.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that measures to address corruption and
kleptocracy in foreign governments are addressed elsewhere in
the bill.
Sense of Senate on strategic competition with the Russian
Federation and related activities of the Department of
Defense
The Senate amendment contained a provision (sec. 1238)
that would express the sense of the Senate that long-term
strategic competition with the Russian Federation is a
principal priority for the Department of Defense that
requires sustained investment due to the magnitude of the
threat posed to United States security, prosperity, as well
as to U.S. alliances and partnerships. The provision would
further express the sense of the Senate concerning steps that
the Department of Defense should take to enhance deterrence
against Russian aggression and counter Russian activities
short of armed conflict.
The House bill contained no similar provision.

[[Page H6677]]

The Senate recedes.
The conferees note that long-term strategic competition
with Russia is addressed elsewhere in this report.
Sense of Congress on support for Georgia
The House bill included a provision (section 1245) that
expressed the sense of Congress reaffirming support for an
enduring strategic partnership between the United States and
Georgia.
The Senate amendment contained no similar provision.
The House recedes.
Not later than March 1, 2021, the conferees direct the
Secretary of Defense to provide to the Committees on Armed
Services of the Senate and House of Representatives a
briefing on measures the Department of Defense is taking to
strengthen defense cooperation with allies and partners in
the Black Sea region, including the Government of the
Republic of Georgia. The briefing should include measures to
build resiliency and bolster deterrence against Russian
aggression; promote regional stability; improve
interoperability with North Atlantic Treaty Organization
forces; and enhance security cooperation and engagement with
and between Black Sea regional partners.
Sense of Congress on burden sharing by partners and allies
The House bill contained a provision (sec. 1246) that
would express the sense of Congress regarding burden sharing
by United States partners and allies.
The Senate amendment contained no similar provision.
The House recedes.
The conferees highlight that the 2018 National Defense
Strategy emphasizes that allies and partners are critical to
promoting U.S. national security interests and underscore the
vital role the military contributions and investments of U.S.
partners and allies around the world play in deterring
aggression and defeating malign actors, especially in an era
of resurgent strategic competition. The conferees believe
that the United States should focus defense investments in
forward presence, joint bilateral and multilateral exercises,
enhanced interoperability, and commitments that contribute to
the security of the United States as well as collective
security. Additionally, the conferees urge allies and
partners to continue to increase their investments in
military capacity and capability to enhance their ability to
contribute to global peace and security and urge the U.S.
Government to adopt a comprehensive approach in evaluating
U.S. security relationships with allies and partners. The
conferees believe the U.S. must continue to strengthen its
alliances and security partnerships.
The conferees note that the importance for U.S. national
security and significant impact of the military capabilities
and capacities of specific U.S. alliances and security
partnerships are addressed elsewhere in this report.
Sense of Congress on NATO's response to the COVID-19
pandemic
The House bill included a provision (sec. 1247) that would
express the sense of Congress regarding response to the
COVID-19 pandemic.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the North Atlantic Treaty
Organization's response to the COVID-19 pandemic is addressed
elsewhere in this report.
Coordination of stockpiles with the North Atlantic Treaty
Organization and other allies
The House bill contained a provision (sec. 1249) that
would amend title I of the Defense Production Act of 1950 (50
U.S.C. 5411 et seq.) to direct that if President of the
United States invokes the Defense Production Act in the
context of a global pandemic, that the United States shall
coordinate with the North Atlantic Treaty Organization and
other allied countries to address supply chain gaps and
promote access to vaccines and other remedies.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that coordination with the North
Atlantic Treaty Organization on pandemic response is
addressed elsewhere in this Act.
Report on China's One Belt, One Road Initiative in Africa
The House bill contained a provision (sec. 1257) that
would direct the Secretary of Defense to provide a report not
later than 1 year after the date of the enactment of this Act
on China's One Belt, One Road Initiative in Africa. Such
report shall include a strategy to address impacts on United
States military and defense interests in Africa.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide a
briefing to the Committees on Armed Services of the Senate
and the House of Representatives not later than 180 days
after the date of the enactment of this Act on the military
implications of China's One Belt, One Road Initiative in
Africa and a description of its strategy to address impacts
on United States defense interests in Africa. The briefing
shall include:
(1) An assessment of Chinese dual-use investments in
Africa, including those associated with People's Liberation
Army cooperation with African countries, and an
identification of which investments are of greatest concern
to the Department of Defense;
(2) An assessment of the potential military, intelligence,
and logistical threats facing United States' key regional
military infrastructure, supply chains, and freedom of
maneuver due to such investments;
(3) A description of the Department of Defense's strategy
and associated efforts to mitigate the risk posed by such
investments and any anticipated expansion of such
investments; and
(4) Any other matters deemed relevant by the Secretary.
The conferees note that the Department of Defense has
compiled various reports and intelligence products in recent
years on China's One Belt, One Road Initiative in Africa and
expect that these products will be incorporated as
supplemental material to the required briefing.
Training of ally and partner air forces in Guam
The Senate amendment contained a provision (sec. 1257)
that would require the Secretary of Defense submit to the
congressional defense committees a report assessing the merit
and feasibility of entering into agreements similar to the
aforementioned memorandum of understanding with other United
States allies and partners in the Indo-Pacific region, to
include Japan, Australia, and India.
The House bill contained no similar provision.
The Senate recedes.
The conferees commend the December 6, 2019, memorandum of
understanding agreed to by the United States and the Republic
of Singapore to establish a fighter jet training detachment
in Guam. The agreement is a manifestation of the strong,
enduring, and forward-looking partnership of the United
States and the Republic of Singapore, and the permanent
establishment of a fighter detachment in Guam will enhance
the interoperability of the air forces of the United States
and the Republic of Singapore and provide training
opportunities needed to maximize their readiness.
The conferees direct the Secretary of Defense, not later
than 1 year after the date of the enactment of this Act, to
submit to the congressional defense committees a report
assessing the merit and feasibility of entering into similar
agreements with other United States allies and partners in
the Indo-Pacific region, including Japan, Australia, and
India.
Report on supply chain security cooperation with Taiwan
The House bill contained a provision (sec. 1259) that
would require a report on the feasibility of establishing a
United States-Taiwan working group for supply chain security,
the Department's current and future plans to engage with
Taiwan on activities ensuring supply chain security, and
obstacles for conducting such activities.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
coordination with the head of each appropriate Federal
department and agency, to submit to the congressional defense
committees not later than 180 days after the date of the
enactment of this Act a report on supply chain security
cooperation with Taiwan. The report shall include: (1) The
feasibility of establishing a high-level, interagency United
States-Taiwan working group for coordinating cooperation
related to supply chain security; (2) A discussion of the
Department of Defense's current and future plans to engage
with Taiwan with respect to activities ensuring supply chain
security; (3) A discussion of obstacles encountered in
forming, executing, or implementing agreements with Taiwan
for conducting activities to ensure supply chain security;
and (4) Any other matters the Secretary of Defense
determines should be included.
Sense of Congress on United States commitments to Pacific
allies
The House bill contained a provision (sec. 1260C) that
would express the sense of Congress on United States
commitments to Pacific allies.
The Senate amendment contained no similar provision.
The House recedes.
Restrictions on export, reexport, and in-country transfers
of certain items that provide a critical capability to
the Government of the People's Republic of China to
suppress individual privacy, freedom, and other basic
human rights
The House bill contained a provision (sec. 1260D) that
would require, not later than 120 days after the date of the
enactment of this Act, and as appropriate thereafter, the
President to identify those items that provide a critical
capability to the Government of the People's Republic of
China, or any person acting on behalf of such Government, to
suppress individual privacy, freedom of movement, and other
basic human rights.
The Senate amendment contained no similar provision.
The House recedes.
Southeast Asia Strategy
The House bill contained a provision (sec. 1260F) that
would require, not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in
consultation with the heads of other Federal departments and
agencies as appropriate, to develop and submit to the
appropriate congressional committees a comprehensive strategy
for engagement with Southeast Asia and the Association of
Southeast Asian Nations.

[[Page H6678]]

The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress on strategic security relationship between
the United States and Mongolia
The House bill contained a provision (sec. 1260G) that
would express the sense of Congress on the strategic security
relationship between the United States and Mongolia.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress on co-development with Japan of a long-
range ground-based anti-ship cruise missile system
The Senate amendment contained a provision (sec. 1261)
that would express the sense of Congress that the Department
of Defense should prioritize consultations with the Ministry
of Defense of Japan to determine whether a ground-based,
long-range anti-ship cruise missile system would meet shared
defense requirements of the United States and Japan and, if
so, that the United States and Japan should consider co-
development of such a system.
The House bill contained no similar provision.
The Senate recedes.
Statement of policy on cooperation in the Indo-Pacific
region
The Senate amendment contained a provision (sec. 1262)
that would state that the policy of the United States is to
strengthen alliances and partnerships with like-minded
countries to effectively compete with the People's Republic
of China.
The House bill contained no similar provision.
The Senate recedes.
Expanding the state partnership program in Africa
The House bill contained a provision (sec. 1266) that
would require the Secretary of Defense, in coordination with
the Chief of the National Guard Bureau, to seek to build
partner capacity and interoperability in the United States
Africa Command area of responsibility through increased
partnerships with countries on the African continent,
military-to-military engagements, and traditional activities
of the combatant commands.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress with respect to Qatar
The House bill contained a provision (sec. 1269) that
would express the sense of Congress regarding Qatar.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on support for military participation against
the Houthis
The House bill contained a provision (sec. 1272) that
would prohibit funds to provide logistical support for Saudi-
led coalition strikes against the Houthis in Yemen. It would
prohibit funds from being made available for any civilian or
military personnel of the Department of Defense or
contractors of the Department to command, coordinate,
participate in the movement of, or accompany the regular or
irregular military forces of the Saudi and United Arab
Emirates-led coalition forces engaged in hostilities against
the Houthis in Yemen or in situations in which there exists
an imminent threat that such coalition forces become engaged
in such hostilities, unless and until the President obtained
specific statutory authorization, in accordance with section
8(a) of the War Powers Resolution (50 U.S.C. 1547(a)). This
prohibition would not apply to United States Armed Forces
engaged in operations against al-Qaeda and associated forces.
The Senate amendment contained no similar provision.
The House recedes.
Report on risk to personnel, equipment, and operations due
to Huawei 5G architecture in host countries
The Senate amendment contained two provisions (secs. 1273
and 6273) that would require the Secretary of Defense to
submit to the congressional defense committees a report that
contains an assessment of the risk to personnel, equipment,
and operations of the Department of Defense in host countries
as well as measures required to mitigate such risk posed by
the current or intended use of a 5G telecommunications
architecture provided by Huawei Technologies Co., Ltd.
The House bill contained no similar provision.
The Senate recedes.
The conferees note the importance of the assessment of the
risk to personnel, equipment, and operations of the
Department of Defense in host countries, as well as measures
required to mitigate such risk posed by telecommunications
architecture provided by at-risk vendors such as Huawei and
ZTE, is addressed elsewhere in this report.
Allied burden sharing report
The Senate amendment contained a provision (sec. 1274)
that would require, not later than March 1 of each year, the
Secretary of Defense, in coordination with the heads of other
Federal agencies as deemed necessary, to submit to specified
congressional committees a report containing a description on
the annual defense spending and the activities of each
country described to contribute to military or stability
operations in which the Armed Forces of the United States are
a participant or may be called upon in accordance with a
cooperative defense agreement to which the United States is a
party. The countries described are each member state of the
North Atlantic Treaty Organization, the Gulf Cooperation
Council, and the Inter-American Treaty of Reciprocal
Assistance.
The House bill contained no similar provision.
The Senate recedes.
Establishment of the Office of Subnational Diplomacy
The House bill contained a provision (sec. 1276) that
would amend section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) to establish the
Office of Subnational Diplomacy.
The Senate amendment contained no similar provision.
The House recedes.
Assessment of effectiveness of United States policies
relating to exports of United States-origin Unmanned
Aerial Systems that are assessed to be ``Category I''
items under the Missile Technology Control Regime
The House bill contained a provision (sec. 1278) that
would require not later than 180 days after the enactment of
this Act, and annually thereafter through December 31, 2025,
the Secretary of State, in consultation with the Secretary of
Defense, to conduct and submit to the appropriate
congressional committees an assessment of the effectiveness
of United States policies to export United States-origin
Unmanned Aerial Systems that are assessed to be ``Category
I'' items under the Missile Technology Control Regime.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress on the United States-Israel relationship
The House bill contained a provision (sec. 1279) that
would express the sense of Congress regarding the United
States-Israel relationship.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the United States-Israel
relationship is addressed elsewhere in this Act.
Report on internally displaced peoples in Ukraine, Georgia,
Moldova, and Azerbaijan
The House bill included a provision (sec. 1281) that would
require a report on the status of internally displaced
persons in Ukraine, Georgia, the Republic of Moldova, and the
Republic of Azerbaijan.
The Senate amendment contained no similar provision.
The House recedes.
Enhancing Engagement with the Caribbean
The House bill contained a provision (sec. 1283) that
would express the sense of Congress that the prosperity and
security of the Caribbean region is a matter of significant
importance for the United States and that promotion of such
should be a component of United States policy.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that enhancing partnerships between
the United States and Caribbean nations is in our strategic
interest. These partnerships in the region are based on
shared interests and values, including a strong commitment to
the rule of law and human rights, as well as addressing
security concerns like transnational organized crime and
disaster preparedness. In furtherance of these and other
shared interests, the United States should pursue
opportunities to strengthen its engagement in the Caribbean
region consistent with the objectives of the 2018 National
Defense Strategy and the Department of State's Caribbean 2020
Strategy. The conferees believe that these efforts should
include a commitment to strengthening security relationships
and interoperability, advancing trade and investment,
academic exchanges, and other cooperative efforts between the
United States and the Caribbean region.
Amendments to Annual Country Reports on Human Rights
Practices
The House bill contained a provision (sec. 1284) that
would amend section 116 of the Foreign Assistance Act of 1961
(22 U.S.C. 2151n), by adding a reporting requirement related
to the status of excessive surveillance and the use of
advanced technology.
The Senate amendment contained no similar provision.
The House recedes.
Establishment of National Commission on U.S.
Counterterrorism Policy
The House bill contained a provision (sec. 1285) that
would establish an independent commission within the
legislative branch to be known as the ``National Commission
on U.S. Counterterrorism Policy'' to assess United States
counterterrorism efforts and make recommendations based on
its findings.
The Senate amendment contained no similar provision.
The House recedes.
Program to prevent, mitigate, and respond to civilian harm
as a result of military operations in Somalia
The House bill contained a provision (sec. 1286) that
would require the Department to develop a program that would
improve the

[[Page H6679]]

ability of the Somali National Army, the African Union
Mission in Somalia, the U.S. military, and U.S. contractors
to prevent, mitigate, and respond to instances of civilian
harm as a result of military operations to counter al-Shabaab
and ISIS-Somalia.
The Senate amendment contained no similar provision.
The House recedes.
The conferees understand that there may be challenges to
the ability of the Somali people to report allegations of
civilian harm resulting from military operations. The
conferees note that section 936 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) requires the development of publicly
available means for the submittal to the United States
Government of allegations of civilian casualties resulting
from United States military operations. The conferees expect
the Department of Defense to continuously evaluate and
improve current measures and practices to help remove
challenges to reporting such allegations in Somalia and other
countries where challenges may exist.
Improved coordination of United States sanctions policy
The Senate amendment contained a provision (sec. 1287)
that would create an office in the Department of State to
coordinate U.S. sanctions policy.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that this provision is incorporated
elsewhere in this Act.
Sense of Congress relating to Grand Ethiopian Renaissance
Dam
The House bill contained a provision (sec. 1288) that
would express the sense of Congress relating to the Grand
Ethiopian Renaissance Dam.
The Senate amendment contained no similar provision.
The House recedes.
Report on all comprehensive sanctions imposed on foreign
governments
The House bill contained a provision (sec. 1289) that
would require a report on all comprehensive sanctions imposed
on governments of foreign countries under any provision of
law.
The Senate amendment contained no similar provision.
The House recedes.
Limitation on assistance to Brazil
The House bill contained a provision (sec. 1290) that
would establish a limitation that no Federal funds may be
obligated or expended to provide any United States security
assistance or security cooperation to the defense, security,
or police forces of the Government of Brazil to involuntarily
relocate, including through coercion or the use of force, the
indigenous or Quilombola communities in Brazil.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the important strategic security
relationship between the United States and Brazil and note
that the Government of Brazil was designated as a major non-
North Atlantic Treaty Organization ally in July 2019. The
conferees encourage the Secretary of Defense to seek
opportunities to further strengthen the security relationship
with Brazil. The conferees understand that there are concerns
regarding the potential relocation of certain indigenous
groups within Brazil. The conferees note that existing law
and Department of Defense policy require that the provision
of Department of Defense security sector assistance be
consistent with adherence to human rights and international
law. The conferees expect that the Secretary will seek to
ensure that any security assistance provided to Brazil will
be in compliance with such laws and policies.
Report on incidents of arbitrary detention, violence, and
state-sanctioned harassment by the Government of Egypt
against United States citizens and their family members
who are not United States citizens
The House bill contained a provision (sec. 1293) that
would require, not later than 60 days after the enactment of
this Act, the Secretary of State, in consultation with the
Secretary of Defense, to submit a report on incidents of
arbitrary detention, violence, and state-sanctioned
harassment by the Government of Egypt against United States
citizens and their family members who are not United States
citizens, in both Egypt and in the United States.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are aware of instances of arbitrary
detention, violence, and harassment against United States
citizens and their family members who are not United States
citizens. These actions are deeply disturbing, and undermine
the U.S.-Egyptian relationship.
Protection and promotion of internationally recognized human
rights during the novel coronavirus pandemic
The House bill contained a provision (sec. 1296) that
would promulgate a statement of policy and a sense of
Congress regarding the novel coronavirus pandemic. The
provision would require the Secretary of State to submit to
the Congress a report on countering disinformation abroad
related to the pandemic and a report on countries that
enacted emergency measures or took other legal actions
inconsistent with internationally recognized human rights in
response to the pandemic. The provision would also amend
section 502B(a)(4) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(a)(4)) to require consideration of a nation's
violations of internationally recognized human rights during
the pandemic in determinations by the United States to engage
in security assistance cooperation with that nation. Further,
the provision would require the Secretary of Defense to issue
guidance that security cooperation programs and intelligence
collection include indicators that partner security forces
have taken advantage of the pandemic to violate
internationally recognized human rights. Finally, the
provision would amend the Foreign Assistance Act of 1961 to
insert reporting requirements regarding human rights
violations due to misuse of emergency powers and surveillance
technology.
The Senate amendment contained no similar provision.
The House recedes.
Promoting human rights in Colombia
The House bill contained a provision (sec. 1298) that
would require, not later than 120 days after the date of the
enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense and the Director
of National Intelligence, to submit to the appropriate
congressional committees a report that assesses allegations
that United States security sector assistance provided to the
Government of Colombia was used by or on behalf of the
Government of Colombia for purposes of unlawful surveillance
or intelligence gathering directed at the civilian
population, including human rights defenders, judicial
personnel, journalists, and the political opposition.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize the strategic regional importance
of Colombia and the longstanding partnership between the
United States and Colombia, and look forward to continuing to
strengthen this partnership in order to implement the
Colombian peace accords and address shared regional security
challenges.
The conferees note with concern allegations of unlawful
surveillance or intelligence gathering by the Colombian Armed
Forces. The conferees encourage the Government of Colombia to
continue to investigate credible allegations of misuse and
take corrective actions, as appropriate, to ensure any misuse
does not occur in the future. The conferees note that
existing law requires that the provision of Department of
Defense security sector assistance include programs focused
on strengthening institutional capacity, to include adherence
to human rights and international law. Additionally, the
conferees note that existing law and related policy requires
that recipients of Department of Defense assistance use it
for the purposes for which the assistance was provided and
consistent with human rights and international law.
The conferees direct the Secretary of Defense, not later
than 120 days after the date of enactment of this Act, to
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report that describes any
credible allegations since 2016 of Department of Defense-
provided assistance intended to build the surveillance
capabilities of the Colombian Armed Forces that was
subsequently used by the Colombian Armed Forces to conduct
unlawful surveillance or intelligence gathering. The report
shall include a description of any steps taken by the
Department in response to such credible allegations, to
include any steps taken to seek to ensure that any misuse
does not occur in the future. The report shall also include
information on steps taken by the Government of Colombia in
response to any credible evidence of misuse of such
equipment, including a description of steps taken to hold
those responsible accountable, ensure that any misuse does
not occur in the future, and any modifications to relevant
tactics, techniques, and procedures. The report shall be
submitted in unclassified form, but may include a classified
annex.
Report on Venezuela
The House bill contained a provision (sec. 1299A) that
would require, not later than 120 days after the date of the
enactment of this Act, the Secretary of State and the
Secretary of Defense to submit to the appropriate
congressional committees a report regarding the political,
economic, health, and humanitarian crisis in Venezuela, and
its implications for United States national security and
regional security and stability.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize that the ongoing crisis in
Venezuela undermines regional security and stability. The
conferees continue to endorse a whole-of-government approach
to support the rule of law, fair elections and self-
determination for the Venezuelan people.
Not later than 90 days after the Secretary of State
submits the report required by section 123(c) of the
Venezuela Emergency Relief, Democracy Assistance, and
Development Act of 2019 (title I of division J of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94)),
the Secretary of State and the Secretary of Defense shall
brief the Committees on Armed Services of the Senate and the
House of Representatives, the Committee on Foreign Relations
of the

[[Page H6680]]

Senate, and the Committee on Foreign Affairs of the House of
Representatives on the contents of the report and provide an
update to the political, economic, health, and humanitarian
crisis in Venezuela and the implications for United States
national security and regional security and stability. The
brief shall also include an assessment of how the
multifaceted crisis in Venezuela and the resulting migration
of millions of citizens from Venezuela to neighboring
countries, including Brazil, Colombia, Ecuador, and Peru,
affects regional security and stability.
Prohibition on use of funds for aerial fumigation
The House bill contained a provision (sec. 1299B) that
would prohibit funds authorized to be appropriated or
otherwise made available by this Act to be made available to
directly conduct aerial fumigation in Colombia unless there
are demonstrated actions by the Government of Colombia to
adhere to national and local laws and regulations.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that any Department support for
counterdrug activities in Colombia should be compliant with
Colombia's national and local laws and regulations.
Report on support for democratic reforms by the Government
of the Republic of Georgia
The House bill contained a provision (sec. 1299C) that
would require a report on analysis of democratic reforms by
the government of the Republic of Georgia.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that issues related to Georgia are
covered elsewhere in the conference report.
Transfer of excess naval vessels to the Government of Egypt
The House bill contained a provision (sec. 1299G) that
would authorize the transfer of excess naval vessels to the
Government of Egypt.
The Senate amendment contained no similar provision.
The House recedes.
Limitation on production of nuclear proliferation assessment
statements
The House bill contained a provision (sec. 1299H) that
would prohibit the provision by the Secretary of State to the
President or by the President to the Congress of a Nuclear
Proliferation Assessment Statement on a proposed cooperation
agreement with a country that has neither signed and
implemented an Additional Protocol with the International
Atomic Energy Agency nor has already implemented a civilian
nuclear cooperation agreement under section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153). The provision would
allow the waiving of this prohibition in the event that the
President submits a report to the relevant congressional
committees and the Congress enacts a joint resolution
approving the waiver request.
The Senate amendment contained no similar provision.
The House recedes.
Report on Mexican Security Forces
The House bill contained a provision (sec. 1299I) that
would require, not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State, in coordination with other appropriate
officials, to jointly submit to the appropriate congressional
committees a report containing a comprehensive assessment of
ongoing support and a strategy for future cooperation between
the United States Government and the Mexican security forces,
including the Mexican National Guard, Federal, State, and
municipal law enforcement.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense and the
Secretary of State, not later than 90 days after the date of
the enactment of this Act, to jointly submit to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a comprehensive assessment of
ongoing support and a strategy for future cooperation between
the United States Government and the Mexican security forces,
including the Mexican National Guard, Federal, State, and
municipal law enforcement. The report should include, at a
minimum, the following:
(1) A strategy and timeline for assistance to Mexican
security forces, including the amounts of assistance, any
defense articles, and training to be provided to each of the
Mexican security forces;
(2) A description of the transfer of U.S.-supported
equipment, if any, from the Federal Police and Armed Forces
to the National Guard;
(3) Department of Defense and Department of State plans
for all U.S. training for Mexican security forces, including
training in human rights, proper use of force, de-escalation,
investigation and evidence-gathering, community relations,
and anti-corruption; and
(4) An assessment of the National Guard's adherence to
human rights standards to date, including its progress toward
the adoption of measures to ensure accountability for human
rights violations and the development of a human rights
training curriculum.
The report may be submitted in classified form with an
unclassified summary.
Global Health Security Act of 2020
The House bill contained provisions (Subtitle I, secs.
1299N-1 to 1299N-5), titled the ``Global Health Security Act
of 2020,'' which would require the President to establish a
Global Health Security Agenda Interagency Review Council and
to appoint an individual to the position of United States
Coordinator for Global Health Security, who would be
responsible for the coordination of the interagency process
for responding to global health security emergencies. In
addition, the provision would direct the United States
Coordinator for Global Health Security to coordinate the
development and implementation of a strategy to advance the
aims of the Global Health Security Agenda, among other
objectives.
The Senate amendment contained no similar provision.
The House recedes.
Definitions
The House bill contained a provision (sec. 1299N-6) that
would define certain terms used in the Global Health Security
Act of 2020.
The Senate amendment contained no similar provision.
The House recedes.
Sunset
The House bill contained a provision (sec. 1299N-7) that
would sunset all sections of the Global Health Security Act
of 2020 (except for section 1299N-3) on December 31, 2024.
The Senate amendment contained no similar provision.
The House recedes.
Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act
The House bill contained within title XII a subtitle J that
included the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act.
The Senate amendment contained in subtitle H of title XII a
similar provision.
The conference agreement does not include either provision.
Matters relating to the Northern Triangle
The House bill contained within title XII a subtitle K on
matters relating to the Northern Triangle.
The Senate amendment contained no similar provisions.
The House recedes.
Foreign military loan authority
The House bill contained a provision (sec. 1299Q-1) that
would authorize the President, acting through the Secretary
of State, to make direct loans under section 23 of the Arms
Export Control Act (22 U.S.C. 2763) to North Atlantic Treaty
Organization member countries that joined the alliance after
March 1, 1999 and would authorize the President, acting
through the Secretary of State, to charge fees for such loans
consistent with specified law.
The Senate amendment contained no similar provision.
The House recedes.
Report on NATO member contributions
The House bill contained a provision (sec. 1299Q-3) that
would require a report to assess contributions by North
Atlantic Treaty Organization (NATO) member countries to the
security of the alliance, including defense funding and
contributions to NATO-led missions, exercises, and combat and
non-combat operations.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that a similar report was required by
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) and that the NATO Secretary General, with
support from the International Staff, publishes a
comprehensive annual report assessing NATO member
contributions. The conferees also highlight that burden
sharing and the importance of contributions by NATO allies
and partners to the security of the United States is
addressed elsewhere in this report.
Efforts to counter malign authoritarian influence
The House bill contained a provision (sec. 1299Q-5) that
would require a report on trends of malign influence from the
governments of Russia and China in Serbia that discourage
progress towards greater integration with Western
institutions.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are concerned by the growth of efforts by the
Governments of Russia and China to influence governments and
public opinion across the Balkans. The spread of malign
influence is promoted through the use of social media,
propaganda, disinformation, cyber operations, foreign
assistance, and the expansion of coercive economic ties. The
conferees note that this malign influence is intended to
impede progress towards greater integration with Western
institutions such as the North Atlantic Treaty Organization
and the European Union. Finally, the conferees urge the
Secretary of Defense and the Secretary of State to continue
efforts to counter the malign influence of the Governments of
China and Russia in the Balkans.
Sense of Senate on United States-Israel cooperation on
precision-guided munitions
The Senate amendment contained a provision (sec. 6283) that
would express the sense

[[Page H6681]]

of Senate on the United States-Israel cooperation on
precision-guided munitions.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that United States-Israel cooperation on
precision-guided munitions is addressed elsewhere in this
Act.
Blocking deadly fentanyl imports
The Senate amendment contained a provision (sec. 6284) that
would identify countries that are major producers or
traffickers of illicit fentanyl, and penalize those countries
that fail to take steps to combat illicit fentanyl
trafficking or production by withholding bilateral and
multilateral assistance.
The House bill contained no similar provision.
The Senate recedes.
Findings
The Senate amendment contained a provision (sec. 6291) that
would delineate a series of findings concerning the United
States-Israel relationship.
The House bill contained no similar provision.
The Senate recedes.
Extension of loan guarantees to Israel
The Senate amendment contained a provision (sec. 6295) that
would extend loan guarantees by amending chapter 5 of title I
of the Emergency Wartime Supplemental Appropriations Act,
2003 (Public Law 108-11).
The House bill contained no similar provision.
The Senate recedes.
The conferees note that loan guarantees to Israel have
already been extended through 2023.
Sense of Congress on rapid acquisition and deployment
procedures
The Senate amendment contained a provision (sec. 6297) that
would express the sense of Congress on rapid acquisition and
deployment procedures.
The House bill contained no similar provision.
The Senate recedes.
Sense of Congress on United States-Israel economic
cooperation
The Senate amendment contained a provision (sec. 6299C)
that would express the sense of Congress on the United
States-Israel economic partnership.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the sense of Congress regarding
United States-Israel economic partnership is addressed
elsewhere in this Act.
Plans to provide Israel with necessary defense articles and
services in a contingency
The Senate amendment contained a provision (sec. 6299E)
that would require the President to establish plans to
provide Israel with defense articles and services in a
contingency.
The House bill contained no similar provision.
The Senate recedes.
Banking Transparency for Sanctioned Persons Act of 2019
The House bill contained provisions (secs. 19001-19005)
that would require a report on any licenses issued by the
Secretary of the Treasury benefitting state sponsors of
terrorism, and any financial institutions facilitating
transactions or financial services benefitting state sponsors
of terrorism or certain sanctioned persons.
The Senate amendment contained no similar provision.
The House recedes.

Title XIII--Cooperative Threat Reduction

Funding allocations; specification of cooperative threat
reduction funds (sec. 1301)
The House bill contained a provision (sec. 1301) that would
specify obligation levels for cooperative threat reduction
funds authorized to be appropriated for fiscal year 2021 for
specified purposes.
The Senate amendment contained a similar provision (sec.
1301).
The House recedes.

Legislative Provisions Not Adopted

Sense of Congress regarding biological threat reduction and
cooperative biological engagement of the cooperative
threat reduction program
The House bill contained a provision (sec. 1302) that would
express the sense of Congress that biological threats are a
critical emerging threat; continuing to use cooperative
threat reduction programs to counter these threats is in the
national security interest of the United States; and the
Secretary of Defense and the Secretary of State should make
every effort to prioritize and advance these processes in the
future.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that:
(1) Keeping Americans safe means ensuring that global
health security is prioritized as a national security issue;
(2) As highlighted by the 2017 National Security Strategy
of the United States, biological threats, whether
``deliberate attack, accident, or a natural outbreak,'' are
growing threats and ``require actions to address them at
their source'' through programs carried out by cooperative
engagement, such as working ``with partners to ensure that
laboratories that handle dangerous pathogens have in place
safety and security measures;''
(3) The 2017 National Security Strategy of the United
States appropriately affirms the importance of supporting
advancements in biomedical innovation while mitigating harm
caused by advanced bioweapons and capabilities;
(4) The intrinsically linked nature of biological threats,
whether naturally occurring, accidental, or deliberate,
underscores the relationship between the Global Health
Security Strategy of the United States and the National
Biodefense Strategy, and the national security tools used to
prevent and mitigate these threats must be similarly
connected;
(5) Biological threats are a critical emerging threat
against the United States and addressing these threats
through cooperative programs is an opportunity to achieve
long-standing nonproliferation goals;
(6) Cooperative programs to address biological threats
through improved global capacity in the areas of biosafety,
biosecurity, bio-surveillance, research oversight, and
related legislative and regulatory frameworks have become
even more important as the world faces increasing
availability of and advancements in biotechnology, which has
broad dual use and proliferation implications;
(7) Under the Cooperative Threat Reduction Program of the
Department of Defense established under the Department of
Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et
seq.), the Congress authorized the Secretary of Defense to
address such threats through activities to prevent, detect,
and report on highly pathogenic diseases or other diseases,
``regardless of whether such diseases are caused by
biological weapons;''
(8) In 2014, President Obama declared the Ebola virus
disease epidemic a national security priority and exercised
the authority under such Program to build capacity that
mitigated the imminent threat posed by the Ebola virus
disease and established capabilities required to prevent
future outbreaks;
(9) Many of the prevention, detection, and response
capacities built in response to the Ebola virus disease
epidemic are also those used to prevent, detect, and respond
to the use of biological weapons abroad;
(10) Continuing to use cooperative engagement programs is
in the national security interests of the United States
because of the important relationships established between
the United States and partner countries, which are based on
ideals such as transparency, information sharing, and a
shared responsibility in advancing global security;
(11) The recent coronavirus disease 2019 (COVID-19) global
pandemic has illustrated the dire consequences resulting from
a single disease that knows no boundaries, impacting the
United States economy and the health of United States
citizens and members of the Armed Forces, both domestically
and abroad;
(12) In light of the impacts caused by COVID-19, and
following two congressionally-mandated reports that call for
better implementation of the biological cooperative
engagement programs of the United States and the National
Biodefense Strategy (the report published by the Government
Accountability Office on March 11, 2020, titled ``National
Biodefense Strategy: Opportunities and Challenges with Early
Implementation'' and the report published by the National
Academies of Sciences, Engineering, and Medicine on April 14,
2020, titled ``A Strategic Vision for Biological Threat
Reduction: The U.S. Department of Defense and Beyond''), it
is of utmost importance that such programs are given due and
increased prioritization for national security purposes; and
(13) The Secretary of Defense and the Secretary of State
should make every effort to prioritize and advance the
determination, concurrence, and notification processes under
the Department of Defense Cooperative Threat Reduction Act to
provide for necessary new country determinations in a timely
manner and be responsive to emerging biological threats.

Title XIV--Other Authorizations

Subtitle A--Military Programs

Working capital funds (sec. 1401)
The House bill contained a provision (sec. 1401) that would
authorize appropriations for Defense Working Capital Funds at
the levels identified in section 4501 of division D of this
Act.
The Senate amendment contained an identical provision (sec.
1401).
The conference agreement includes this provision.
Chemical agents and munitions destruction, defense (sec.
1402)
The House bill contained a provision (sec. 1402) that would
authorize appropriations for Chemical Agents and Munitions
Destruction, Defense at the levels identified in section 4501
of division D of this Act.
The Senate amendment contained an identical provision (sec.
1402).
The conference agreement includes this provision.
Drug interdiction and counter-drug activities, defense-wide
(sec. 1403)
The House bill contained a provision (sec. 1403) that would
authorize appropriations for Drug Interdiction and Counter-
Drug Activities, Defense-wide at the levels identified in
section 4501 of division D of this Act.
The Senate amendment contained an identical provision (sec.
1403).

[[Page H6682]]

The conference agreement includes this provision.
Defense Inspector General (sec. 1404)
The House bill contained a provision (sec. 1404) that would
authorize appropriations for the Office of the Inspector
General at the levels identified in section 4501 of division
D of this Act.
The Senate amendment contained an identical provision (sec.
1404).
The conference agreement includes this provision.
Defense health program (sec. 1405)
The House bill contained a provision (sec. 1405) that would
authorize appropriations for the Defense Health Program at
the levels identified in section 4501 of division D of this
Act.
The Senate amendment contained a similar provision (sec.
1405).
The Senate recedes.

Subtitle B--Armed Forces Retirement Home

Authorization of appropriations for Armed Forces Retirement
Home (sec. 1411)
The House bill contained a provision (sec. 1412) that would
authorize an appropriation of $70.3 million from the Armed
Forces Retirement Home Trust Fund for fiscal year 2021 for
the operation of the Armed Forces Retirement Home.
The Senate amendment contained a similar provision (sec.
1411).
The Senate recedes.
Expansion of eligibility for residence at the Armed Forces
Retirement Home (sec. 1412)
The Senate amendment contained a provision (sec. 1413) that
would amend section 1512(a) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 412 (a)) to expand
eligibility for residence at the Armed Forces Retirement
Home.
The House bill contained no similar provision.
The House recedes.
Periodic inspections of Armed Forces Retirement Home
facilities by nationally recognized accrediting
organization (sec. 1413)
The Senate amendment contained a provision (sec. 1412) that
would amend section 1518 of the Armed Forces Retirement Home
Act of 1991 (24 U.S.C. 418) to require the Chief Operating
Officer (COO) to request the inspection of each facility by a
nationally recognized civilian accrediting organization, in
accordance with section 1511(g) of such Act, on a frequency
consistent with the standards of the organization. The
provision would require the COO and the administrator of a
facility under inspection to make, in a timely manner, all
staff, other personnel, and facility records available to the
civilian accrediting organization for purposes of the
inspection. Not later than 60 days after an inspection, the
COO would submit a report to the Secretary of Defense, the
Senior Medical Advisor, and the Advisory Council containing
the results of the inspection and a plan to address
recommendations or other matters specified in the report. The
provision would remove the requirement for a periodic
inspection of the retirement home's facilities by the
Department of Defense Inspector General.
The House bill contained no similar provision.
The House recedes.

Subtitle C--Other Matters

Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs medical facility
demonstration fund for Captain James A. Lovell Health
Care Center, Illinois (sec. 1421)
The House bill contained a provision (sec. 1411) that would
authorize the Secretary of Defense to transfer $137.0 million
from the Defense Health Program to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84), for the operation of the Captain James
A. Lovell Federal Health Care Center.
The Senate amendment contained a similar provision (sec.
1421).
The Senate recedes.

Legislative Provisions Not Adopted

National Defense Sealift Fund
The House bill contained a provision (sec. 1406) that would
authorize appropriations for the National Defense Sealift
Fund.
The Senate amendment contained no similar provision.
The House recedes.

Title XV--Authorization of Additional Appropriations for Overseas
Contingency Operations

Subtitle A--Authorization of Appropriations

Purpose (sec. 1501)
The House bill contained a provision (sec. 1501) that would
establish the purpose of this title and make authorization of
appropriations available upon enactment of this Act for the
Department of Defense, in addition to amounts otherwise
authorized in this Act, to provide for additional
authorization of funds due to overseas contingency operations
and other additional funding requirements.
The Senate amendment contained an identical provision (sec.
1501).
The conference agreement includes this provision.
Overseas contingency operations (sec. 1502)
The Senate amendment contained a provision (sec. 1502) that
would designate authorization of appropriations in this
section as Overseas Contingency Operations.
The House bill contained no similar provision.
The House recedes.
Procurement (sec. 1503)
The House bill contained a provision (sec. 1502) that would
authorize additional appropriations for procurement at the
levels identified in section 4102 of division D of this Act.
The Senate amendment contained a similar provision (sec.
1503).
The House recedes with a technical amendment.
Research, development, test, and evaluation (sec. 1504)
The House bill contained a provision (sec. 1503) that would
authorize additional appropriations for research,
development, test, and evaluation at the levels identified in
section 4202 of division D of this Act.
The Senate amendment contained an identical provision (sec.
1504).
The conference agreement includes this provision.
Operation and maintenance (sec. 1505)
The House bill contained a provision (sec. 1504) that would
authorize additional appropriations for operation and
maintenance programs at the levels identified in section 4302
of division D of this Act.
The Senate amendment contained an identical provision (sec.
1505).
The conference agreement includes this provision.
Military personnel (sec. 1506)
The House bill contained a provision (sec. 1505) that would
authorize additional appropriations for military personnel at
the levels identified in section 4402 of division D of this
Act.
The Senate amendment contained an identical provision (sec.
1506).
The conference agreement includes this provision.
Working capital funds (sec. 1507)
The House bill contained a provision (sec. 1506) that would
authorize additional appropriations for Defense Working
Capital Funds at the levels identified in section 4502 of
division D of this Act.
The Senate amendment contained an identical provision (sec.
1507).
The conference agreement includes this provision.
Drug interdiction and counter-drug activities, defense-wide
(sec. 1508)
The House bill contained a provision (sec. 1507) that would
authorize additional appropriations for Drug Interdiction and
Counter-Drug Activities, Defense-wide, at the levels
identified in section 4502 of division D of this Act.
The Senate amendment contained an identical provision (sec.
1508).
The conference agreement includes this provision.
Defense Inspector General (sec. 1509)
The House bill contained a provision (sec. 1508) that would
authorize additional appropriations for the Office of the
Inspector General at the levels identified in section 4502 of
division D of this Act.
The Senate amendment contained an identical provision (sec.
1509).
The conference agreement includes this provision.
Defense Health Program (sec. 1510)
The House bill contained a provision (sec. 1509) that would
authorize additional appropriations for the Defense Health
Program at the levels identified in section 4502 of division
D of this Act.
The Senate amendment contained an identical provision (sec.
1510).
The conference agreement includes this provision.

Subtitle B--Financial Matters

Treatment as additional authorizations (sec. 1511)
The House bill contained a provision (sec. 1511) that would
state that amounts authorized to be appropriated by this
title are in addition to amounts otherwise authorized to be
appropriated by this Act.
The Senate amendment contained an identical provision (sec.
1521).
The conference agreement includes this provision.
Special transfer authority (sec. 1512)
The House bill contained a provision (sec. 1512) that would
authorize the transfer of up to $2.5 billion of additional
war-related authorizations in this subtitle among the
accounts in this subtitle, except for transfers from the
National Guard and Reserve Equipment Account.
The Senate amendment contained a provision (sec. 1522) that
would authorize the transfer of up to $2.0 billion of
additional war-related authorizations in this subtitle among
the accounts in this subtitle.
The House recedes.

Subtitle C--Other Matters

Afghanistan Security Forces Fund (sec. 1521)
The House bill contained a provision (sec. 1521) that would
continue and modify authorities and reporting requirements
for the Afghanistan Security Forces Fund (ASFF) through
fiscal year 2021. The provision would also set a goal of
using $29.1 million to support the efforts of the Government
of Afghanistan to promote the recruitment, training,
integration, and retention of Afghan women into the Afghan
National Defense and

[[Page H6683]]

Security Forces. The provision would also require the
Secretary of Defense, in consultation with the Secretary of
State, to submit an assessment of the Government of
Afghanistan's ability to meet shared security objectives and
manage, employ, and sustain equipment divested under ASFF. If
it is assessed that insufficient progress has been made, the
Secretary of Defense would be required to withhold assistance
under ASFF.
The Senate amendment contained a similar provision (sec.
1531).
The Senate recedes with a clarifying amendment.

Legislative Provisions Not Adopted

Report on transitioning funding
The House bill contained a provision (sec. 1522) that would
require the Secretary of Defense to include in the
congressional budget justification for fiscal year 2022 a
description of all activities and programs authorized and
appropriated as Overseas Contingency Operations funding in
fiscal year 2021, along with a plan to transition all such
activities and program to the base defense budget.
The Senate amendment contained no similar provision.
The House recedes.
The conferees remain concerned that the Department of
Defense has not transmitted to Congress a detailed plan to
budget for overseas contingency operations, including
proposed rules to govern the inclusion of activities and
programs in overseas contingency-related funding and planning
considerations related to transitioning overseas contingency-
related funding back into the base budget. With the statutory
restrictions of the Budget Control Act set to expire after
fiscal year 2021, the conferees expect the Department of
Defense to transmit to Congress a new set of proposed
governing principles for overseas contingency-related
funding. Therefore, the conferees direct the Under Secretary
of Defense (Comptroller) to deliver a briefing to the
congressional defense committees no later than February 1,
2021 to discuss the future governing principles of overseas
contingency-related funding in the fiscal year 2022 budget.
Transition and enhancement of inspector general authorities
for Afghanistan reconstruction
The Senate amendment contained a provision (sec. 1532) that
would provide for the transition of all duties,
responsibilities, and authorities of the Special Inspector
General for Afghanistan Reconstruction to the lead Inspector
General for Operation Freedom's Sentinel.
The House bill contained no similar provision.
The Senate recedes.

Title XVI--Space Activities, Strategic Programs, and Intelligence
Matters

Subtitle A--Space Activities

Space Development Agency development requirements and
transfer to Space Force (sec. 1601)
The Senate amendment contained a provision (sec. 1606) that
would require the Director of the Space Development Agency to
lead the development of a proliferated low-Earth orbit
sensing, tracking, and data transport architecture and the
integration of next-generation space capabilities (including
a hypersonic and ballistic missile-tracking space sensor
payload) into such an architecture. The provision would also
require the transfer of the Space Development Agency from the
Office of the Secretary of Defense to the United States Space
Force not later than October 1, 2022.
The House bill contained no similar provision.
The House recedes with an amendment that would codify the
requirement to transfer the Space Development Agency to the
Space Force by October 1, 2022, as well as certain
authorities, roles, and responsibilities of the Agency.
The conferees understand the value of the establishment of
a Space Development Agency (SDA) within the Department of
Defense to address emerging threats, leverage new commercial
architectures, and provide innovative solutions. The
conferees expect the Space Development Agency to develop and
preserve an independent culture of innovation and rapid
acquisition that is separate and distinct from the more
traditional space acquisition within the U.S. Space Force and
the Department of the Air Force. The conferees also expect
the SDA Director to retain his current hiring authorities,
including with respect to hiring highly qualified experts,
remain the original classification authority for SDA, and to
retain the equivalent position of tier 3 Senior Executive
Service or of an officer of the Armed Forces in grade O-9.
In addition, the conferees also direct the Secretary of
Defense to provide a briefing to the congressional defense
committees not later than March 15, 2021 on how the
Department is coordinating the warfighter requirements and
capabilities across the Space Development Agency, the Air
Force, the U.S. Space Command, and the U.S. Strategic Command
for the missile warning layer. Such a review shall also
include how the implementation of the missile warning and
tracking layer (including the hypersonic and ballistic
tracking space sensor and the Wide-Field-Of-View sensors) is
being coordinated with the Overhead Persistent Infrared
program, and how duplication between planned systems and the
need for resilience are being considered when evaluating the
requirements for Air Force space programs.
Personnel management authority for Space Development Agency
for experts in science and engineering (sec. 1602)
The House bill contained a provision (sec. 1610A) that
would amend section 1599h of title 10, United States Code, to
authorize special personnel management authorities related to
appointment and compensation for certain civilian positions
of the Space Development Agency.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would terminate
the Space Development Agency civilian personnel management
authority on December 31, 2025.
Requirement to buy certain satellite components from national
technology and industrial base (sec. 1603)
The House bill contained a provision (sec. 1602) that would
require the procurement of star trackers for certain national
security satellites from the national technology and
industrial base.
The Senate amendment contained a similar provision (sec.
813) that would require the use of domestically sourced star
trackers in national security satellites. The provision would
also include certain conditions under which the requirement
could be waived.
The Senate recedes with a clarifying amendment.
The conferees direct the Secretary of Defense, in
coordination with the Secretary of the Air Force and the
Director of National Reconnaissance Office, to submit to the
congressional defense and intelligence committees, not later
than July 1, 2021, a report on implementation of this
provision, including whether and how the waiver authority
will be used. In addition, the report shall include an
analysis of potential impacts on domestic suppliers of star
trackers (including prices, capabilities and production
capacity), national security satellite manufacturers, mission
capability for these satellites, satellite costs, bus
production lines and testing, the likelihood of competition,
and potential impacts on relations with U.S. allies and
partners.
The conferees also note that another provision in this Act
also modifies section 2534(a) of title 10, United States
Code.
Conforming amendments relating to reestablishment of Space
Command (sec. 1604)
The Senate amendment contained a provision (sec. 1605) that
would make certain conforming amendments to sections of
United States Code to reflect the reestablishment of United
States Space Command.
The House bill contained no similar provision.
The House recedes.
Clarification of authority for procurement of commercial
satellite communications services (sec. 1605)
The House bill contained a provision (sec. 924) that would
make the Chief of Space Operations responsible for the
procurement of commercial satellite communications services
for the Department of Defense.
The Senate amendment contained a similar provision (sec.
944) that would make the Secretary of the Air Force
responsible for the procurement of commercial satellite
communications services for the Department of Defense.
The Senate recedes with a clarifying amendment.
The conferees note that section 1601(b) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91) transferred authority for the procurement of
commercial satellite communication (COMSATCOM) services for
the Department of Defense from the Director of the Defense
Information Systems Agency to the Commander of Air Force
Space Command in order to improve the acquisition of
COMSATCOM and better integrate the delivery of SATCOM
services to the warfighter. The conferees expect the Chief of
Space Operations and subsequently the Service Acquisition
Executive for Space Systems and Programs to continue to
procure these services in an efficient and effective manner.
National Security Space Launch program (sec. 1606)
The House bill contained a provision (sec. 1601) that would
prohibit changes to the phase 2 acquisition strategy of the
National Security Space Launch program, including with regard
to mission performance requirements, acquisition schedule,
and the selection of two launch providers. It would also
mandate that the period for ordering phase 2 launch missions
end by September 2024, cap the Launch Services Agreement
funding amount for providers selected for phase 2, and
require a termination date for Launch Services Agreements
with providers not selected for phase 2.
The provision would also require a certification on
reusability of previously-flown launch hardware. In addition,
this section would require the Secretary to begin investments
toward phase 3 to maintain competition and support innovation
by providing up to $150.0 million for the Secretary to
conduct a full and open competition and enter into three
agreements to fund certification and infrastructure
requirements and transformational technologies. The provision
would also include a rule of construction about not delaying
phase 2 awards.
The Senate amendment contained similar provisions (secs.
1602 and 1603) that would require the Secretary of the Air
Force to begin

[[Page H6684]]

a program to develop technologies and systems to enhance
phase 3 of the National Security Space Launch requirements
and enable further advances in launch capabilities for
national security payloads. The provision would limit
projects initiated under the program to a duration of no more
than 3 years and an expense of not more than $250.0 million.
The provisions would also require the Secretary of Defense,
no later than 540 days after the selection of launch
providers for phase 2 of the National Security Space Launch
acquisition, to complete nonrecurring design validation of
previously flown launch hardware for providers offering such
hardware for use in the phase 2 acquisition or other national
security space missions.
The Senate recedes with an amendment that would prohibit
the Secretary of the Air Force from obligating or expending
more on launch service agreements than what is appropriated
unless the Secretary uses established procedures to reprogram
or transfer additional funds. Additionally, the provision
would require the Secretary of Defense, not later than 18
months after the selection of launch providers for phase 2 of
the National Security Space Launch acquisition, to complete
nonrecurring design validation of previously flown launch
hardware for providers offering such hardware for use in the
phase 2 acquisition and complete a report on the progress of
the study not later than 210 days after selecting the phase 2
providers.
The conferees expect phase 2 awards to end in fiscal year
2024, to support launches through 2027, and to begin phase 3
awards in fiscal year 2025 per the Air Force plan. The
conferees also expect the Secretary of the Air Force to
provide the briefings required in this provision to the
Senate Select Committee on Intelligence and the House
Permanent Select Committee on Intelligence. Finally, the
provision would establish funding for technology development
for certification, infrastructure, and innovation. The
conferees highly encourage the Secretary of the Air Force to
enter into at least three agreements with potential National
Security Space Launch providers.
Commercial space domain awareness capabilities (sec. 1607)
The House bill contained a provision (sec. 1603) that would
require the Secretary of the Air Force to award at least two
contracts for commercial space domain awareness services not
later than 90 days after the date of enactment of this Act.
The provision would also limit the obligation or expenditure
of funds for enterprise space battle management command and
control to no more than 75 percent of funds authorized to be
appropriated for fiscal year 2021 until the Secretary
certifies to the congressional defense committees that they
have awarded the required contracts. The provision would also
require the Chief of Space Operations to submit to the
congressional defense committees an unclassified report on
all commercial space domain awareness services purchased in
the previous 2 years.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Policy to ensure launch of small-class payloads (sec. 1608)
The House bill contained a provision (sec. 1605) that would
require the Secretary of Defense to 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. The provision would detail
certain requirements for the policy and require the
development and implementation of an acquisition strategy.
The provision would also require the Secretary of Defense to
submit a report to the congressional defense committees
describing a plan for the required policy.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees direct the Secretary of the Air Force to
submit to the congressional defense committees, not later
than June 1, 2021, a plan for a 5-year phased acquisition
strategy for the small launch and satellite policy. This plan
should include steps to provide stability in budgeting and
acquisition of capabilities, and flexibility for fair
competition. It shall also take into account, as appropriate
per competition: (1) The effect of contracts or agreements
for launch services or launch capability entered into by the
Department with small-class payload launch providers; (2) The
Department's requirements; (3) An assessment of mission risk;
(4) The cost of integrating a satellite into a launch
vehicle; (5) The cost of the launches (whether dedicated or
rideshare); (6) The launch performance history; (7) The
ability of a launch provider to provide the option of
dedicated and rideshare launch capabilities; and (8) Any
other matter the Secretary considers appropriate.
Tactically responsive space launch operations (sec. 1609)
The House bill contained a provision (sec. 1606) that would
require the Secretary of the Air Force to implement a program
for tactically responsive space launch. The provision would
require such a program to provide support for such launch
operations over the future years defense program, accelerate
concepts and procedures for responsive launch, develop
related processes, and identify required basing
infrastructure.
The Senate amendment contained an identical provision (sec.
1604).
The conference agreement contains this provision.
Limitation on availability of funds for prototype program for
multi-global navigation satellite system receiver
development (sec. 1610)
The House bill contained a provision (sec. 1607) that would
prohibit the obligation or expenditure of more than 80
percent of those funds authorized to be appropriated for
fiscal year 2021 for certain Global Positioning System (GPS)
equipment. Such restriction would remain in place until the
Secretary of Defense certifies to the congressional defense
committees that the Secretary of the Air Force is carrying
out a prototype program, required by the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
to increase the resilience of military position, navigation,
and timing; and provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the implementation of such program.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would
shift the limitation on availability of funds from the
acquisition of GPS user terminals to the operations funds of
the Secretary of the Air Force.
Resilient and survivable positioning, navigation, and timing
capabilities (sec. 1611)
The Senate amendment contained a provision (sec. 1601) that
would require the Secretary of Defense to prioritize
elements, platforms, and systems most critical for the
operational plans of the combatant commands and to field
sufficient equipment to ensure resilient positioning,
navigation, and timing for such elements, platforms, and
systems. The provision would also require the Secretary to
provide to the congressional defense committees a plan to
carry out the requirements of this provision along with any
reprograming or budget proposals.
The House bill contained no similar provision.
The House recedes.
The conferees note that this provision is not intended to
negate or contradict the requirements contained in section
1609 of the John S. McCain National Defense Authorization Act
for Fiscal year 2019 (Public Law 155-232) and in section 1607
of the National Defense Authorization Act for Fiscal year
2020 (Public Law 116-92) related to Global Positioning System
user equipment terminals and an M-code based, multi-global
navigation satellite system receiver that is capable of
receiving covered signals to enhance the resilience and
capability of positioning, navigation and timing capacity
in order to address threats to the Global Positioning
System and to deter the likelihood of attack on the Global
Positioning System.
Leveraging commercial satellite remote sensing (sec. 1612)
The Senate amendment contained a provision (sec. 1609) that
would require the Secretary of Defense, in coordination with
the Director of the National Reconnaissance Office (NRO) and
the Director of the National Geospatial-Intelligence Agency,
to leverage commercial satellite imagery and analysis as much
as is practicable. The provision would also require the
Director of the NRO to include in future analyses of
alternatives for geospatial-intelligence systems an
assessment of whether commercial alternatives are available
that meet any or all of the requirements for the system. The
provision would further require the Director to provide the
results of such an assessment to the appropriate
congressional committees.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Strategy to strengthen civil and national security
capabilities and operations in space (sec. 1613)
The House bill contained a provision (sec. 1754) that would
express the sense of Congress that the United States
Government should support activities in space. It would also
require the President to develop and maintain a strategy to
ensure that the United States, as appropriate, strengthens
civil and national security capabilities and operations in
space. The provision would also require the Chairperson of
the National Space Council to submit a report on the strategy
and a plan to implement the strategy, including specific
elements, not later than 1 year after the date of the
enactment of this Act.
The provision would further require the Secretary of
Defense to submit a report that includes an assessment of the
capabilities and role of relevant departments and agencies of
the Federal Government to ensure access to launch,
communications, and freedom of navigation and other relevant
infrastructure and services for civil and national security
space programs and activities; identify vulnerabilities that
could affect access to space infrastructure; and address
financial security and cybersecurity concerns threatening
commercial and Federal Government launch sites of the United
States. The report would also include recommendations and
costs to improve related capabilities.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.

[[Page H6685]]

The conferees direct the Secretary of Defense, in
consultation with the Director of National Intelligence and
the Administrator of the National Aeronautics and Space
Administration, not later than October 1, 2021, to submit to
the appropriate congressional committees a report that
includes an assessment of the capabilities and role of
relevant departments and agencies of the Federal Government
to ensure access to launch, communications, and freedom of
navigation, while maintaining robust infrastructure and
cybersecurity. The report shall give recommendations to
improve the capabilities referenced and in particular give
recommendations to counter the electronic warfare
capabilities and counterspace threats of potential
adversaries in space.
Report and strategy on space competition with China (sec.
1614)
The House bill contained a provision (sec. 1723) that would
require the National Space Council to submit a report to the
Congress, not later than 1 year after the date of enactment
of this Act, and annually thereafter in fiscal years 2022 and
2023, on an interagency assessment of the ability of the
United States to compete with foreign space programs and in
the emerging commercial space economy. This section would
also require the President to develop and submit a strategy
to the Congress, not later than 1 year after the submission
of the aforementioned report, on ensuring that the United
States can: compete with other national space programs;
maintain leadership in the emerging commercial space economy;
identify market, regulatory, and other means to address
unfair competition from the People's Republic of China based
on the findings of in the report; leverage commercial space
capabilities to ensure United States national security and
the security of United States interests in space; protect
United States supply chains and manufacturing critical to
competitiveness in space; and coordinate with international
allies and partners in space.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment to the
report and strategy.

Subtitle B--Defense Intelligence and Intelligence-Related Activities

Safety of navigation mission of the National Geospatial-
Intelligence Agency (sec. 1621)
The House bill contained provisions (secs. 1611 and 1612)
that would require the National Geospatial Intelligence
Agency to assist the Joint Chiefs of Staff, combatant
commands, and the military departments in establishing,
coordinating, consolidating, and validating mapping,
charting, geodetic data, and safety of navigation capability
requirements through a formal process governed by the Joint
Staff.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
National Academies Climate Security Roundtable (sec. 1622)
The House bill contained a provision (sec. 1613) that would
require the Under Secretary of Defense for Intelligence and
Security, in coordination with the Director of National
Intelligence, to enter into a joint agreement with the
National Academies of Sciences to create a new ``National
Academies Climate Security Roundtable'' for the purpose of
establishing best practices for identifying and disseminating
climate indicators and warnings to ensure that environmental
security is included in operational planning and intelligence
analysis. This roundtable would support the work of the
Climate Security Advisory Council.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Efficient use of sensitive compartmented information
facilities (sec. 1623)
The Senate amendment contained a provision (sec. 1052) that
would direct the Director of National Intelligence, in
consultation with the Secretary of Defense, to issue revised
guidance authorizing and directing Government agencies and
their appropriately cleared contractors to process, store,
use, and discuss sensitive compartmented information at
facilities previously approved to handle such information,
without need for further approval by agency or by site.
The House bill contained no similar provision.
The House recedes.

Subtitle C--Nuclear Forces

Semiannual updates on meetings held by Nuclear Weapons
Council; limitation on availability of funds relating to
such updates (sec. 1631)
The House bill contained a provision (sec. 1645) that
would alter the section of United States Code governing the
Nuclear Weapons Council to include automatic limitations on
the obligation and expenditure of funds by the Office of the
Under Secretary of Defense for Acquisition and Sustainment in
the event that the Council fails to provide to the Congress
semiannual updates on the meetings of the Council by the
dates established in law.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
effect of the provision to those funds authorized to be
appropriated for fiscal year 2021 and limit the restriction
on obligation or expenditure of funds to the Office of the
Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs.
Role of Nuclear Weapons Council with respect to performance
requirements and budget for nuclear weapons programs
(sec. 1632)
The House bill contained a provision (sec. 1641) that would
require the Secretary of Defense and Secretary of Energy to
use appropriate interagency processes during the development
of budget materials of the Department of Defense and the
National Nuclear Security Administration (NNSA), and to do so
not later than the third quarter of the fiscal year preceding
the budget request. This section would further require a
report describing any transfers made to the NNSA and
certifying that such transfers were developed in the manner
described in this provision.
The Senate amendment contained similar provisions (secs.
1651, 1652, and 3111) that would modify Nuclear Weapons
Council (NWC) roles and responsibilities as they relate to
the National Nuclear Security Administration, nuclear weapons
programs requirements, and the development of the annual
nuclear weapons budget.
The provisions would provide to the NWC the authority to
review proposed capabilities and validate requirements for
nuclear weapons programs.
The provisions would also clarify the role of the NWC in
the planning, programming, budgeting, and execution process
of the NNSA, including by specifying NWC participation at
each stage of the budget process.
The provisions would also make further changes to the
budget preparation process of the NNSA. First, the Secretary
of Energy would be required to transmit the proposed budget
request of the NNSA to the NWC before the request is
submitted to the Office of Management and Budget (OMB). The
NWC would then review the NNSA budget proposal and determine
whether it is adequate to implement Department of Defense
(DOD) nuclear weapons objectives. The NWC would submit back
to the Secretary of Energy either confirmation of adequacy of
the budget proposal or a written description of funding
levels and specific initiatives required to make the budget
request adequate to implement those objectives.
If the NWC determines that the budget request is inadequate
and submits such written description, the Secretary of Energy
would be required to include this description of the funding
levels and specific initiatives in the proposed budget
submitted to the OMB. The Secretary would include in the
submission an annex containing a description of changes made
to the proposed NNSA budget through this process. The
Secretary would also be required to submit that annex to the
Congress along with the President's Budget request.
Finally, the Secretary would be required to transmit the
complete proposed budget submission to the NWC at the same
time as it is submitted to the OMB. After reviewing the
submission, the NWC would be required to determine whether it
contains the funding levels and initiatives described above
and to submit to the Congress either a certification that the
budget request is adequate to meet DOD objectives or a
statement that it is not.
The House recedes with an amendment that would combine the
provisions in sections 1651 and 3111 of the Senate amendment,
and strike section 1652 of the Senate amendment.
Modification of Government Accountability Office review of
annual reports on nuclear weapons enterprise (sec. 1633)
The Senate amendment contained a provision (sec. 1653) that
would revise the required timing for annual Government
Accountability Office reviews of reports submitted pursuant
to section 492(a)(c) of title 10, United States Code.
The House bill contained no similar provision.
The House recedes.
Independent study on nuclear weapons programs of certain
foreign countries (sec. 1634)
The House bill contained a provision (sec. 1643) that would
require the Secretary of Defense to enter into a contract
with a federally funded research and development center to
produce an open source analysis of foreign nuclear programs,
to be made publicly available. The provision would also
extend a requirement for the Secretary of Defense, in
consultation with the Director of National Intelligence, to
produce a report on foreign and U.S. nuclear weapons
capabilities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
timeline of the report to be prepared by the federally funded
research and development center and include Iran, to the
extent applicable, in the list of foreign countries covered
in the report to be prepared by the Secretary and the
Director.
Prohibition on reduction of the intercontinental ballistic
missiles of the United States (sec. 1635)
The Senate amendment contained a provision (sec. 1654)
that would prohibit the obligation or expenditure of fiscal
year 2021 funds to reduce deployed United States
intercontinental ballistic missiles' responsiveness, alert
level, or quantity to fewer than 400. The provision would
provide an exception to this prohibition for activities
related to maintenance and sustainment and activities to
ensure safety, security, or reliability.

[[Page H6686]]

The House bill contained no similar provision.
The House recedes.

Subtitle D--Missile Defense Programs

Alignment of the Missile Defense Agency within the Department
of Defense (sec. 1641)
The House bill contained a provision (sec. 1655) that would
make certain findings related to the activities of the
Missile Defense Agency (MDA) and express the sense of
Congress that once the independent review required in the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) is complete, the Secretary of Defense
should reassess the alignment of the Agency within the
Department of Defense (DOD). The provision would also require
the Secretary to provide to the congressional defense
committees a report on the risks and benefits of, as well as
the actions required by, such a realignment.
The Senate amendment contained a similar provision (sec.
1666) that would repeal the requirement for any particular
reporting structure for the Missile Defense Agency.
The Senate recedes with an amendment that would strike the
findings, repeal the requirement for a specific reporting
structure for the Missile Defense Agency, and require the
Secretary of Defense to satisfy certain conditions, including
a 60-day wait period, before modifying DOD Directive 5134.09.
The amendment would also include a review by the Comptroller
General of the United States of the compliance of the
Secretary of Defense with certain requirements of the
National Defense Authorization Act for Fiscal Year 2020
regarding MDA and non-standard acquisition processes, and
improvements and benefits of changes proposed to missile
defense unique acquisition authorities.
The conferees understand the need to update the current DOD
directive 5134.09 to address fact-of-life changes to
organizational structures within the Department of Defense.
Further, the conferees support codifying best practices for
missile defense acquisition, and increasing oversight of
critical efforts to address missile defense combatant
commander requirements. For the Congress to conduct its
oversight duties on Department of Defense efforts with regard
to missile defense, the conferees encourage the Department of
Defense to maintain open communication with the congressional
defense committees as changes are made to overall missile
defense acquisition and requirements authorities,
responsibilities, and oversight.
Extension of prohibition relating to missile defense
information and systems (sec. 1642)
The Senate amendment contained a provision (sec. 1663) that
would extend by 5 years a prohibition on the transfer of
certain missile defense technologies and telemetry data to
the Russian Federation, as well as the integration of missile
defense systems with those of the Russian Federation or the
People's Republic of China.
The House bill contained no similar provision.
The House recedes.
Extension of transition of ballistic missile defense programs
to military departments (sec. 1643)
The House bill contained a provision (sec. 1652) that would
delay for 2 years the deadline established in the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91) for the Missile Defense Agency to transfer
responsibility for mature missile defense programs to the
military departments.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of requirement for Comptroller General review and
assessment of missile defense acquisition programs (sec.
1644)
The House bill contained a provision (sec. 1651) that would
extend by 5 years the annual Comptroller General of the
United States review of Missile Defense Agency acquisition
programs. The provision would also increase the scope of the
review by including emergent issues relating to the subject
matter in either the reports prepared under the section or in
separate briefings to the congressional defense committees.
The Senate amendment contained a similar provision (sec.
1665).
The House recedes with a technical amendment.
Development of hypersonic and ballistic missile tracking
space sensor payload (sec. 1645)
The House bill contained provisions (sec. 1653 and sec.
1654) that would find that the Missile Defense Agency (MDA)
is required to develop the Hypersonic and Ballistic Tracking
Space Sensor (HBTSS) payload by law and that the President's
Budget request for fiscal year 2021 did not include funding
for the Missile Defense Agency to continue such activities.
The provisions would express the sense of Congress that
regardless of the overall architecture, the Director of MDA
is responsible for the material development of the HBTSS
payload. The provisions would also limit the expenditure or
obligation of more than 50 percent of funds authorized to be
appropriated by this Act for fiscal year 2021 for the
operations and maintenance of the Space Development Agency
(SDA) until the Secretary of Defense certifies to the
Congress that they have assigned the Director of the Missile
Defense Agency principal responsibility for the development
and deployment of the HBTSS payload.
The provisions would further find and express the sense of
Congress that HBTSS is underfunded and should be prioritized
within the architecture of SDA. The provisions would also
require an annual certification from the Secretary of
Defense, without delegation, that the most recent future
years defense program adequately resources the development
and deployment of the HBTSS payload and that the Commander of
United States Space Command has validated both the ballistic-
and hypersonic-tracking elements of the program requirements.
The Senate amendment contained a similar provision (sec.
1662) that would require the Secretary of Defense to assign
primary responsibility for the development and deployment of
a HBTSS payload to the Director of MDA through the end of
fiscal year 2022. It would also require the Secretary to
determine whether responsibility for the development and
deployment of a HBTSS payload should transition to the
United States Space Force after fiscal year 2022 and, if
such a determination is made, submit a transition plan
along with the determination.
The provision would require the Under Secretary of Defense
(Comptroller) and the Director, Cost Assessment and Program
Evaluation, to submit a certification with the fiscal year
2022 budget request as to whether the HBTSS program is
sufficiently funded in the future years defense program and
would prohibit the obligation or expenditure of more than 50
percent of funds authorized to be appropriated for travel of
the Office of the Under Secretary of Defense for Research and
Engineering until that certification is submitted.
The provision would further require the Director of MDA to
begin on-orbit testing of a HBTSS payload not later than
December 31, 2022. Finally, the provision would require the
Chair of the Joint Requirements Oversight Council (JROC) to
submit to the congressional defense committees an assessment
of whether the various Department of Defense efforts for
space-based sensing and tracking are aligned with JROC-
validated requirements.
The House recedes with an amendment that would change the
determination regarding the transition of HBTSS to the Space
Force into a plan for integrating the MDA-developed payload
into existing architectures of SDA and the Space Force, delay
the date for required on-orbit testing of the payload until
2023, include the limitation on the use of funds, strike the
report by the JROC, and include the annual certification of
sufficient resourcing and valid requirements.
Ground-based midcourse defense interim capability (sec. 1646)
The Senate amendment contained a provision (sec. 1667) that
would express the sense of Congress that the threat to the
United States of ballistic missile attack by rogue nations is
increasing and that an interim ballistic missile defense
capability should be pursued by the Department of Defense.
The provision would require the Secretary of Defense, acting
through several relevant officials within the Department of
Defense, to develop and deploy such an interim missile
defense capability no later than 2026. The provision would
specify certain capabilities to be included in such a system
and would allow the Secretary of Defense to waive the
requirement for development and deployment in certain
circumstances. The provision would also require the Director
of the Missile Defense Agency to include in the budget
justification materials for the fiscal year 2022 budget a
report on the funding profile necessary for such an interim
capability. The House bill contained no similar provision.
The House recedes with an amendment that would strike the
sense of Congress, make development subject to
appropriations, include the Under Secretary of Defense for
Research and Engineering on the list of relevant officials,
include an additional grounds for waiving the requirement,
and prohibit the delegation of waiver and certification
authority to below an Under Secretary of Defense.
Next generation interceptors (sec. 1647)
The House bill contained provisions (secs. 1657 and 1658)
that would require the Director of the Missile Defense Agency
(MDA) to notify the congressional defense committees should
any changes be made to requirements of the next generation
interceptor program and would require a briefing not later
than 14 days following any contract award on the next
generation interceptor. The provisions would also require the
Secretary of Defense, in coordination with the Director of
MDA, the Commander of U.S. Northern Command, and the Under
Secretary of Defense for Policy, to submit a report on the
ground-based midcourse defense program.
The provisions would also express the sense of Congress
that the Secretary of Defense should ensure robust oversight
and accountability for the next generation interceptor
program to avoid similar errors that led to the cancellation
of the redesigned kill vehicle program. The provisions would
further require the Director of Cost Assessment and Program
Evaluation (CAPE) to conduct an independent cost assessment
of the next generation interceptor program and require that
the preliminary cost assessment inform the contract award for
the next generation interceptor and be provided to the
congressional defense committees not later than the date of
the contract award. Finally, the provisions would prohibit
MDA from making an initial production decision for the next
generation interceptor until two successful flight tests have
been conducted.

[[Page H6687]]

The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would combine the
two provisions, strike the report on the ground-based
midcourse defense system, as it is addressed elsewhere in
this Act, and strike the findings and sense of Congress
relating to the redesigned kill vehicle program. The
amendment would also modify the requirement for an
independent CAPE assessment to give the Director of MDA, the
Under Secretary of Defense for Acquisition and Sustainment,
and the Under Secretary of Defense for Research and
Engineering access to preliminary findings of the assessment
to inform the development of the next generation interceptor
and provide technical edits.
Report on and limitation on availability of funds for layered
homeland missile defense system (sec. 1648)
The House bill contained a provision (sec. 1656) that would
require the Director of Cost Assessment and Program
Evaluation to conduct an analysis of alternatives for the
layered homeland defense architecture using the regional
terminal high altitude area defense system and the Aegis
ballistic missile defense system. The provision would detail
certain requirements for the analysis of alternatives and
would require the Secretary of Defense to provide to the
congressional defense committees this analysis and a
certification that the supporting analysis is sufficient. The
provision would also require the Director of the Defense
Intelligence Agency (DIA), as well as such other elements of
the Intelligence Community as appropriate, to provide to the
congressional defense committees an assessment of likely
near-peer and rogue state perceptions of such a defense
system, along with their likely responses.
The Senate amendment contained a similar provision (sec.
1664) that would require the Director of the Missile Defense
Agency (MDA) to provide to the congressional defense
committees a report on layered homeland defense and detail
certain requirements for said report. The provision would
also prohibit the obligation or expenditure by MDA of more
than 50 percent of the funds authorized to be appropriated by
this Act for fiscal year 2021 for the purposes of a layered
homeland missile defense system until the Director provides
the required report to the congressional defense committees.
The House recedes with an amendment that would add several
requirements to the report and modify several existing ones.
The amendment would also include the requirement for a DIA
assessment of near-peer and rogue state perceptions of and
reactions to the deployment of such a defense system.
Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and
co-production (sec. 1649)
The Senate amendment contained a provision (sec. 1661) that
would authorize funds for the Missile Defense Agency to
provide to the Government of Israel to procure components for
the Iron Dome short-range rocket defense system, the David's
Sling Weapon System, and the Arrow 3 Upper Tier Interceptor
Program, including through co-production of such components
in the United States. The provision would also provide a
series of certification requirements relating to
implementation of the relevant bilateral agreements before
disbursal of these funds, consistent with previous
legislative requirements.
The House bill contained no similar provision.
The House recedes.
Report on defense of Guam from integrated air and missile
threats (sec. 1650)
The House bill contained a provision (sec. 1660) that would
require the Secretary of Defense to submit a report not later
than 120 days after the date of the enactment of this Act
containing a study on the defense of Guam from integrated air
and missile threats, including ballistic, hypersonic, and
cruise missiles.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include the
Commander of United States Strategic Command and the Director
of the Joint Integrated Air and Missile Defense Organization
on a list of officials to be consulted pursuant to this
provision.
The conferees direct the Secretary of Defense to provide a
briefing to the congressional defense committees on any final
decisions regarding the development of an integrated air and
missile defense architecture for Guam, as well as any
decisions on defensive system procurements planned to be made
in support of such an architecture, not less than 90 days
before such decisions take effect.
Reports on cruise missile defense and North Warning System
(sec. 1651)
The House bill contained a provision (sec. 1661) that would
require the Commander of United States Northern Command, in
coordination with the Director of the Missile Defense Agency,
to submit to the congressional defense committees a report on
the vulnerability of the contiguous United States to cruise
missile threats and a plan to mitigate such vulnerability.
The Senate amendment contained a similar provision (sec.
1062) that would require the Secretary of Defense to provide
to the congressional defense committees a report on the
status of the North Warning System and detail certain
required elements of such report. The provision would also
require the Secretary to provide to the congressional defense
committees a report on the modernization of the North Warning
System and detail required elements for that report as
well.
The Senate recedes with an amendment that would combine the
two provisions and require the coordination of the Secretary
of the Air Force and the Director for Force Structure,
Resources, and Assessment of the Joint Staff in the
preparation of the two required reports.

Subtitle E--Matters Relating to Certain Commercial Terrestrial
Operations

Prohibition on availability of funds for certain purposes
relating to the Global Positioning System (sec. 1661)
The House bill contained a provision (sec. 1609) that would
prohibit the Department of Defense from taking actions to
modify equipment to mitigate interference from terrestrial
communications networks operating in certain frequency bands.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike the
findings of the House provision.
Limitation on awarding contracts to entities operating
commercial terrestrial communication networks that cause
harmful interference with the Global Positioning System
(sec. 1662)
The House bill contained a provision (sec. 1608) that would
prohibit the Secretary of Defense from entering into or
continuing a contract with any entity engaged in commercial
terrestrial operations within specified frequency bands. This
prohibition may be waived if the Secretary certifies to the
congressional defense committees that such operations cause
no harmful interference to Department of Defense use of the
Global Positioning System.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note that operation of a terrestrial radio
network in frequency bands historically reserved for
satellite to ground communications may impact existing
commercial satellite communications providers who currently
provide services to the Department of Defense. The Secretary
of Defense should ensure that any efforts to mitigate the
possible impacts of a terrestrial radio network on Department
of Defense operations account for impacts to commercial
satellite communications.
Independent technical review of Federal Communications
Commission Order 2048 (sec. 1663)
The Senate amendment contained a provision (sec. 234) that
would require the Secretary of Defense to enter into an
agreement with the National Academies to undertake an
independent technical review of Federal Communications
Commission Order 20-48 insofar as the order may impact
Department of Defense equipment and operations.
The House bill contains no similar provision.
The House recedes.
Estimate of damages from Federal Communications Commission
Order 2048 (sec. 1664)
The Senate amendment contained a provision (sec. 1083) that
would prohibit the Secretary of Defense from using any funds
authorized to be appropriated by this Act for fiscal year
2021 to comply with Federal Communications Commission Order
20-48 until the Secretary submits to the congressional
defense committees accurate estimates of the costs associated
with compliance.
The House bill contained no similar provision.
The House recedes with a technical amendment.

Subtitle F--Other Matters

Conventional prompt strike (sec. 1671)
The House bill contained a provision (sec. 1671) that would
require the Secretary of the Navy to initiate transfer of
technologies to DDG-1000 class destroyers by not later than
January 1, 2021 and require the Chairman of the Joint Chiefs
of Staff to submit a report on the requirements, authorities,
and updates to existing Department of Defense planning that
would be needed with the introduction of strategic hypersonic
weapons. The report would also need to address basing
strategies for land-based launch platforms and the potential
of miscalculation and escalation introduced by these weapons.
The provision would further require the Secretary of the Army
and Secretary of the Navy to submit annual acquisition
documentation to include cost, schedule, and testing, and
require the Director of Cost Assessment and Program
Evaluation (CAPE) to certify the services' estimates. This
requirement would expire once the respective service programs
were transitioned out of section 804 authority to standard
Department of Defense acquisition management.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of the Navy to initiate efforts to integrate
technologies to DDG-1000 class destroyers in fiscal year
2021. The amendment also would modify requirements of the
strategic hypersonic weapon report from the Joint Chiefs of
Staff and replace the CAPE certification of annual service
acquisition reports with CAPE submission of an independent
cost estimate for

[[Page H6688]]

the Army long range hypersonic weapon and Navy conventional
prompt strike programs.
Limitation on availability of funds relating to reports on
missile systems and arms control treaties (sec. 1672)
The House bill contained a provision (sec. 1674) that would
prohibit the obligation or expenditure of more than 25
percent of all funds authorized to be appropriated for the
immediate office of the Secretary of Defense until two
reports required by the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) are submitted, as
required by law.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would shift the
limitation on obligation or expenditure of funds to the
immediate office of the Under Secretary of Defense for Policy
and modify the prohibition to no more than 50 percent of
funds authorized to be appropriated.
Submission of reports under Missile Defense Review and
Nuclear Posture Review (sec. 1673)
The House bill contained a provision (sec. 1672) that would
require the Secretary of Defense to provide to the
congressional defense committees, within 30 days of the
enactment of the Act, all reports associated with the 2019
Missile Defense Review and 2018 Nuclear Posture Review.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.

Legislative Provisions Not Adopted

Responsive satellite infrastructure
The House bill contained a provision (sec. 1604) that would
require the Secretary of Defense to establish a domestic
responsive satellite manufacturing capability for Department
of Defense space operations and develop a plan to rapidly
reconstitute critical capability gaps in the event of
destruction or failure of a space asset. It would further
require an acquisition strategy for responsive satellite
infrastructure to swiftly identify need, develop capability,
and launch a responsive satellite to fill a critical
capability gap in the event of destruction or failure of a
space asset or otherwise determined need. The provision would
further require the Secretary of Defense to submit a related
report not later than 180 days after the date of the
enactment of this Act.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
consultation with the Secretary of the Air Force, the Chief
of Space Operations, and the Commander of United States Space
Command, to develop an operational plan and strategy for
responsive satellite infrastructure to swiftly identify the
need, develop capability, and launch a responsive satellite
to fill a critical capability gap in the event of destruction
or failure of a space asset or otherwise determined need. The
plan shall include: (1) A process for determining whether the
reconstitution of a space asset is necessary; (2) The
timeframe in which a developed satellite is determined to be
``responsive;'' (3) A plan to leverage domestic commercial
entities in the ''new space'' supply chain that have already
demonstrated rapid satellite product development and delivery
capability to meet new ``mission responsiveness''
requirements being passed down by Department of Defense prime
satellite contractors in: (a) power systems and solar arrays;
(b) payloads and integration features; and (c) buses and
structures; (4) An assessment of acquisition requirements and
standards necessary for commercial entities to meet
Department of Defense validation of supply chains, processes,
and technologies while operating under rapid development
cycles needed to maintain a responsive time frame as
determined by paragraph (2); and (5) Such other matters as
the Secretary considers appropriate.
The conferees also direct the Secretary of Defense, not
later than 180 days after the date of enactment of this Act,
to submit to the Congress a report detailing the plan.
Space launch rate assessment
The Senate amendment contained a provision (sec. 1607) that
would require the Secretary of the Air Force to provide to
the congressional defense committees every 2 years an
assessment of the total number of U.S. Government space
launches during the preceding 2 years and the number of
expected space launches over the following 3 years, along
with certain details on the expected launches.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Air Force to, not
later than 90 days after the date of enactment of this Act,
and biennially thereafter for the following 5-year period,
submit to the congressional defense committees an assessment
that includes: (1) The total number of space launches for all
national security and Federal civil agency entities conducted
in the United States during the preceding 2-year period; and
(2) The number of space launches by the same sponsors
projected to occur during the following 3-year period,
including: (a) the number of launches, disaggregated by class
of launch vehicle; and (b) the number of payloads,
disaggregated by orbital destination.
Report on impact of acquisition strategy for the National
Security Space Launch Program on emerging foreign space
launch providers
The Senate amendment contained a provision (sec. 1608) that
would require the Secretary of the Air Force to provide to
the Congress a report on the impact of the National Security
Space Launch Program, as currently planned, on the potential
for foreign commercial space launch providers to enter the
global launch market.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Air Force to, not
later than 90 days after the date of the enactment of this
Act, submit to the Congress a report on the impact of the
acquisition strategy for the National Security Space Launch
program on the potential for foreign countries, including the
People's Republic of China, to enter the global commercial
space launch market.
Report on effect of COVID-19 on space industrial base and
space programs of Department of Defense
The House bill contained a provision (sec. 1610B) that
would require the Secretary of Defense to submit to the
congressional defense committees a report on the current and
projected effects of COVID-19 on the space industrial base
and programs and detail certain requirements for the report.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, not later
than 120 days after the date of enactment of this Act, to
submit a report to the congressional defense committees on
the current and projected effects of COVID-19 on the space
industrial base and the space programs of the Department of
Defense. The report shall include an assessment of each of
the following:
(1) COVID-19 related and associated impacts to cost,
timeline, and performance to the space industrial base and
the space programs of Department, including with respect to:
(a) procurement and acquisition;
(b) research, development, test, and evaluation;
(c) partnerships with non-Federal governmental entities,
such as universities and not-for-profit organizations; and
(d) labor force disruptions;
(2) Regional and sector-specific disruptions and concerns;
(3) Current mitigation strategies by both the Federal
Government and industry;
(4) Any supplemental disaster appropriations requirements
to mitigate impacts to such programs; and
(5) Recommendations to address risks and threats to the
Federal Government and industry relating to such impacts.
Satellite ground network frequency licensing
The House bill contained a provision (sec. 1610C) that
would require the Secretary of Defense, in consultation with
certain other offices, to provide to the Committees on Armed
Services of the Senate and the House of Representatives a
report on Department of Defense (DOD) processes for
identifying and securing frequency licenses for national
security space ground assets. The provision would also
require the Secretary of the Air Force, in consultation with
the Chief of Space Operations, to review and redesignate
certain controlled unclassified information relating to
antenna specifications in accordance with ``Distribution
Statement A'' of DOD instruction 5230.24.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
consultation with the Secretary of the Air Force and the
Chief of Space Operations, to submit to the Committees on
Armed Services of the Senate and the House of
Representatives, and any other appropriate congressional
committee upon request, a report on the Department's
processes and procedures for identifying and securing
frequency licenses for national security space ground assets.
Such a report shall be submitted not later than 180 days
after the date of the enactment of this Act and shall address
the following: (1) An assessment of current processes,
procedures, requirements, timelines, and entities necessary
to coordinate and secure frequency licensing for Department
of Defense space ground antenna and assets; (2) A plan to
address and streamline procedures regarding the ingestion and
licensing of commercial industry antenna in support of the
augmentation of existing network capacity; (3) A review of
FOUO classification requirements for information and
specifications related to the items addressed within this
report; and (4) Such other matters as the Secretary considers
appropriate.
Report on resilient protected communications satellites
The House bill contained a provision (sec. 1610) that would
make certain findings related to critical national security
space systems and their reliance on protected communications
satellites. The provision would also require the Chief of
Space Operations to submit to the congressional defense
committees a report on Space Force plans for such systems not
later than 60 days after the enactment of this Act.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Chief of Space Operations, not
later than 60 days after the

[[Page H6689]]

date of enactment of this Act, to submit to the congressional
defense committees a report on how the Space Force will
address the need for resilient protected communications
satellites during the years 2025 through 2032.
Exercises of nuclear command, control, and communications
system
The House bill contained a provision (sec. 1642) that would
amend chapter 24 of title 10, United States Code, to direct
the President, beginning in 2021, to participate in a large
scale exercise of the nuclear command, control, and
communications system at the beginning of each term of the
President. The provision allowed the President to waive this
requirement if the President determined that participating in
such an exercise was infeasible by reason of a war declared
by the Congress, a national emergency declared by the
President or the Congress, a public health emergency declared
by the Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d), or
other similar exigent circumstance, and submits to the
congressional defense committees a notice of the waiver and a
description of such determination.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that all Presidents should
familiarize themselves with the nuclear command, control and
communications systems and nuclear war plans, and should
regularly review their nuclear command and control
responsibilities as Commander in Chief.
Role of Secretary of Defense and Secretary of Energy on
Nuclear Weapons Council
The House bill contained a provision (sec. 1644) that would
amend section 179 of title 10, United States Code, to include
the Secretary of Defense and the Secretary of Energy as
members of the Nuclear Weapons Council and to designate the
Secretaries as co-chairs of the Council. The provision would
also remove the option for the Under Secretary for Nuclear
Security to chair a meeting of the Nuclear Weapons Council
whenever the matter under consideration is within the primary
responsibility or concern of the Department of Energy, as
determined by majority vote of the Council.
The Senate amendment contained no similar provision.
The House recedes.
Briefing on nuclear weapons storage and maintenance
facilities of the Air Force
The House bill contained a provision (sec. 1646) that would
require the Secretary of the Air Force to provide a briefing
on nuclear weapons storage and maintenance facilities of the
Air Force to the congressional defense committees not later
than 90 days after the date of enactment of this Act.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Air Force to
provide a briefing not later than March 1, 2021 on the
efforts by the Secretary to harden and modernize the nuclear
weapons storage and maintenance facilities of the Air Force
to the congressional defense committees. The briefing should
include the plans of the Secretary with respect to the
following: (1) Verifying that the Air Force is deploying
tested and field-proven physical security designs of such
facilities, including with respect to forced entry, blast and
ballistic resistant barrier systems, that incorporate
multiple reactive countermeasures for protection against the
dedicated adversary threat classification level;
(2) Streamlining the procurement of the infrastructure to
protect ground-based strategic deterrent weapons by ensuring
that the physical security designs of such facilities are
appropriately tailored to the threat;
(3) Ensuring that competitive procedures are used in
awarding a contract for the physical security design of such
facilities that include a fair consideration of such designs
that are successfully used at other similar facilities; and
(4) Ensuring that the physical security design for which
such contract is awarded:
(a) Meets the security requirements of all planned
modernization projects for the nuclear weapons storage and
maintenance facilities of the Air Force; and
(b) Does not result in higher and additional costs to shore
up existing infrastructure at such facilities.
Sense of the Senate on nuclear cooperation between the United
States and the United Kingdom
The Senate amendment contained a provision (sec. 1655) that
would express the sense of the Senate on nuclear cooperation
between the United States and the United Kingdom.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that:
(1) The North Atlantic Treaty Organization (NATO)
continues to play an essential role in the national security
of the United States and the independent nuclear deterrents
of other NATO members, such as the United Kingdom, have
helped underwrite peace and security;
(2) The nuclear programs of the United States and the
United Kingdom have enjoyed significant collaborative
benefits as a result of the cooperative relationship
formalized in the Agreement for Cooperation on the Uses of
Atomic Energy for Mutual Defense Purposes, signed at
Washington July 3, 1958, and entered into force August 4,
1958 (9 UST 1028), between the United States and the United
Kingdom (commonly referred to as the ''Mutual Defense
Agreement'');
(3) The unique partnership between the United States and
the United Kingdom has enhanced sovereign military and
scientific capabilities, strengthened bilateral ties, and
shared costs, particularly on such programs as the Trident II
D5 weapon system and the common missile compartment for the
future Dreadnought and Columbia classes of submarines;
(4) Additionally, the extension of the nuclear deterrence
commitments of the United Kingdom to members of the NATO
alliance strengthens collective security while reducing the
burden placed on United States nuclear forces to deter
potential adversaries and assure allies of the United States
and the United Kingdom;
(5) As the international security environment deteriorates
and potential adversaries expand and enhance their nuclear
forces, the extended deterrence commitments of the United
Kingdom play an increasingly important role in supporting the
security interests of the United States and allies of the
United States and the United Kingdom;
(6) It is in the national security interest of the United
States to support the United Kingdom with respect to the
decision of the Government of the United Kingdom to maintain
its nuclear deterrent until global security conditions
warrant its elimination;
(7) As the United States must modernize its aging nuclear
forces to ensure its ability to continue to field a nuclear
deterrent that is safe, secure, and effective, the United
Kingdom faces a similar challenge;
(8) Bilateral cooperation on the parallel development of
the W93/Mk7 warhead of the United States and the replacement
warhead of the United Kingdom, as well as associated
components, will allow the United States and the United
Kingdom to responsibly address challenges within their legacy
nuclear forces in a cost-effective manner that:
(a) preserves independent, sovereign control;
(b) is consistent with each country's obligations under the
Treaty on the Non- Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, (21 UST 483)
(commonly referred to as the ''Nuclear Non-Proliferation
Treaty''); and
(c) supports nonproliferation objectives; and
(9) Continued cooperation between the nuclear programs of
United States and the United Kingdom, including through the
W93/Mk7 program, is essential to ensuring that the NATO
alliance continues to be supported by credible nuclear forces
capable of preserving peace, preventing coercion, and
deterring aggression.
Missile defense cooperation between the United States and
Israel
The House bill contained a provision (sec. 1659) that would
express the sense of Congress supporting U.S. and Israel
missile defense cooperation under the current memorandum of
understanding, support continued government-to-government
information sharing with regard to the potential of using
Israeli missile defense systems for U.S. purposes, and also
provide support for the Secretary of Defense to expand
missile defense cooperation to include directed energy
capabilities.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that issues relating to future
cooperative development and integration of directed energy
technologies with Israel are addressed in other provisions of
this Act.
Report on consideration of risks of inadvertent escalation to
nuclear war
The House bill contained a provision (sec. 1673) that would
require the Under Secretary of Defense for Policy to submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives detailing the Department of
Defense's efforts to develop and implement guidance to ensure
that the risks of inadvertent escalation to nuclear war are
considered within the decision-making processes of the
Department.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense provided
a report to respond to the subject area of this provision,
however it did not fully address all of the required
elements. The conferees strongly urge the Department to
provide complete, on-time responses to congressional
reporting requirements in the future.
Report on electromagnetic pulse hardening of ground-based
strategic deterrent weapons system
The Senate amendment contained a provision (sec. 6651) that
would require the Secretary of the Air Force to provide to
the congressional defense committees a report on the
requirements for hardening the ground-based strategic
deterrent weapons system against electromagnetic pulses and
detail certain elements of the report.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Air Force to
brief the congressional defense committees on the
requirements to harden the ground-based strategic deterrent
against

[[Page H6690]]

electromagnetic pulses. The briefing would include: (1) The
testing protocols the ground-based strategic deterrent
program will use for electromagnetic pulse testing; (2) How
requirements for electromagnetic pulse hardness will be
integrated into the ground-based strategic deterrent program;
(3) Plans for electromagnetic pulse verification tests of the
ground-based strategic deterrent weapons system; (4) Plans
for electromagnetic pulse testing of nonmissile components of
the ground-based strategic deterrent weapons system; and (5)
Plans to sustain electromagnetic pulse qualification of the
ground-based strategic deterrent weapons system.

Title XVII--Cyberspace-Related Matters

Modification of mission of Cyber Command and assignment of
cyber operations forces (sec. 1701)
The House bill contained a provision (sec. 1621) that would
alter the requirements for submission of certain cyber-
specific budget justification materials and expand the scope
of such materials to include the entirety of the cyberspace
operations forces.
The Senate amendment contained a similar provision (sec.
1621) that would modify the establishing statute for United
States Cyber Command to broaden the function of the command
and bring force allocation procedures for the command into
alignment with those of other unified combatant commands.
The Senate recedes with an amendment that would combine the
provisions and further specify the submission requirements
for cyber-specific budget justification materials.
Modification of scope of notification requirements for
sensitive military cyber operations (sec. 1702)
The Senate amendment contained a provision (sec. 1613) that
would modify the requirements for notification of sensitive
military cyber operations by clarifying the statutory
definition of the term ``sensitive military operation.''
The House bill contained no similar provision.
The House recedes.
Modification of requirements for quarterly Department of
Defense cyber operations briefings for Congress (sec.
1703)
The Senate amendment contained a provision (sec. 1614) that
would modify several aspects of the quarterly cyber
operations briefings required by section 484 of title 10,
United States Code. The provision would shift the
responsibility to provide the briefings to the Under
Secretary of Defense for Policy, the Commander of United
States Cyber Command, and the Chairman of the Joint Chiefs of
Staff. The provision would also require the inclusion of
reporting on clandestine cyber activities, updates on new
authorities and presidential directives, and information
on critical challenges posed by adversaries or encountered
in the course of operations.
The House bill contained no similar provision.
The House recedes.
Clarification relating to protection from liability of
operationally critical contractors (sec. 1704)
The Senate amendment contained a provision (sec. 1635) that
would amend section 391 of title 10, United States Code, to
extend the ability of the Department of Defense (DOD) to
react immediately to reports of intrusions that may affect
critical DOD data. The committee understands the importance
of commercial service providers to the DOD and believes that
the security and integrity of these providers are absolutely
critical to the effective management of the worldwide
logistics enterprise, especially during a contingency or
wartime.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
requirements for protection from liability under the
provision.
Strengthening Federal networks; CISA cybersecurity support to
agencies (sec. 1705)
The House bill contained provisions (sec. 1639 and sec.
1640C) that would authorize the director of the Cybersecurity
and Infrastructure Security Agency (CISA) and the Secretary
of the Department of Homeland Security to conduct threat
hunting on Federal information systems and would require the
Secretary to implement such a program not later than 1 year
after the enactment of this Act. The provisions would also
allow, at the discretion of the Secretary, CISA to provide
services, information technology, and sensors to other
Federal agencies upon request.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would combine the
two provisions, provide general authorization for information
sharing, and strike the requirement to implement the threat
hunting program within 1 year of enactment of the Act.
Improvements relating to the quadrennial cyber posture review
(sec. 1706)
The Senate amendment contained a provision (sec. 1626) that
would update the requirements of the Quadrennial Cyber
Posture Review. The provision would require the review to
include new sections on delegation of authorities,
consultations with academia and industry in the review of
cyber competition and deterrence strategies, and a
comprehensive force structure assessment of the Cyber
Operations Forces.
The House bill contained no similar provision.
The House recedes with an amendment that would include
capacity-building programs with international partners under
the review.
Modification of authority to use operation and maintenance
funds for cyber operations-peculiar capability
development projects (sec. 1707)
The Senate amendment contained a provision (sec. 1638) that
would modify the authority to use operation and maintenance
(O&M) funds for cyber operations-peculiar capability
development projects to allow the Secretaries of the military
departments to each obligate and expend funds under this
authority up to a total of $20.0 million per year. The
provision would also allow the Commander, U.S. Cyber Command,
to use O&M funds for cyber operations-peculiar capability
development projects under this authority up to a total of
$6.0 million per year.
The House bill contained no similar provision.
The House recedes with an amendment that would reduce the
amount that each service secretary may obligate and expend
under this authority to a total of $10.0 million per year.
Personnel management authority for Commander of United States
Cyber Command and development program for offensive cyber
operations (sec. 1708)
The Senate amendment contained a provision (sec. 1639) that
would provide to the Commander of United States Cyber Command
special personnel management authorities to pay up to 10
computer scientists, data scientists, engineers,
mathematicians, and computer network exploitation specialists
at rates of basic pay authorized for senior-level positions
under section 5376 of title 5, United States Code. The
provision would require the Commander of U.S. Cyber Command
to establish a new program, or augment an existing one, using
such talent to: (1) Develop accesses, tools, vulnerabilities,
and tactics, techniques, and procedures fit for military
operations; (2) Decrease the reliance of the Command on
accesses, tools, and expertise provided by the intelligence
community; and (3) Coordinate development activities with,
and facilitate transition of, capabilities from the Defense
Advanced Research Projects Agency, the Strategic Capabilities
Office, and the intelligence community.
The House bill contained no similar provision.
The House recedes.
Applicability of reorientation of Big Data Platform program
to Department of Navy (sec. 1709)
The Senate amendment contained a provision (sec. 1634) that
would modify the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) to make explicit the
applicability of section 1651 of that Act to the Department
of the Navy, including the Sharkcage and associated programs.
The provision would require certain responsible parties
within the Department of the Navy to provide to the
congressional defense committees a briefing on the compliance
of the Department with this provision no later than January
1, 2021.
The House bill contained no similar provision.
The House recedes with an amendment that would alter the
date of the briefing.
Report on Cyber Institutes program (sec. 1710)
The Senate amendment contained a provision (sec. 1641) that
would amend section 1640 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) by requiring the Secretary of Defense to submit a
report, by September 30, 2021, to the Committees on Armed
Services of the Senate and the House of Representatives on
the effectiveness of Cyber Institutes and on opportunities to
expand Cyber Institutes to additional institutions of higher
learning that have a Reserve Officers' Training Corps
program.
The House bill contained no similar provision.
The House recedes.
Modification of acquisition authority of Commander of United
States Cyber Command (sec. 1711)
The Senate amendment contained a provision (sec. 1616) that
would make permanent certain special acquisition authorities
granted to the commander of United States Cyber Command in
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92).
The House bill contained no similar provision.
The House recedes.
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. 1712)
The Senate amendment contained a provision (sec. 1630) that
would require the Secretary of Defense to 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. The provision
would also make a number of amendments to section 1640 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 10 U.S.C. 2224 note), which required the
development of a plan for the establishment of the Strategic
Cybersecurity Program.

[[Page H6691]]

The House bill contained no similar provision.
The House recedes with an amendment that would require the
program to be conducted by a program office of the National
Security Agency and give primary responsibility for the
program as a whole to the Under Secretary of Defense for
Acquisition and Sustainment. The amendment would also specify
in greater detail the responsibilities of certain relevant
parties as they relate to the program.
Modification of position of Principal Cyber Advisor (sec.
1713)
The Senate amendment contained a provision (sec. 1611) that
would amend the position of the Principal Cyber Advisor to
the Secretary of Defense by removing some restrictions on the
designation of the Advisor as well as modifying the scope of
the responsibilities of the position.
The House bill contained no similar provision.
The House recedes.
Cyberspace Solarium Commission (sec. 1714)
The House bill contained a provision (sec. 1622) that would
update the membership of the Cyberspace Solarium Commission
and extend the Commission to provide updates to the
legislative and executive branches regarding the
implementation of the Commission's findings.
The Senate amendment contained a similar provision (sec.
1624).
The Senate recedes with an amendment that would modify
details of the Commission extension.
Establishment in Department of Homeland Security of joint
cyber planning office (sec. 1715)
The House bill contained a provision (sec. 1640D) that
would establish within the Cybersecurity and Infrastructure
Security Agency a joint cyber planning office to develop
plans for the cyber defense of private and public sector
entities. The provision would detail requirements for the
development of plans by the office and certain composition
and consultation requirements for the office.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
requirements for the leadership of the office.
Subpoena authority (sec. 1716)
The House bill contained a provision (sec. 1640A) that
would grant the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security the authority
to issue administrative subpoenas.
The Senate amendment contained a similar provision (sec.
6088).
The Senate recedes.
Cybersecurity State Coordinator (sec. 1717)
The Senate amendment contained a provision (sec. 6613) that
would require the director of the Cybersecurity and
Infrastructure Security Agency to appoint a cybersecurity
coordinator for each State.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
duties of the appointed cybersecurity State coordinators.
Cybersecurity advisory committee (sec. 1718)
The Senate amendment contained a provision (sec. 6614) that
would require the establishment within the Cybersecurity and
Infrastructure Security Agency of an advisory committee and
detail several requirements for the composition and
responsibilities of such body.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
list of recipients for a required congressional notification.
Cybersecurity education and training assistance program (sec.
1719)
The Senate amendment contained a provision (sec. 6615) that
would amend the Homeland Security Act of 2002 (Public Law
107-296) to authorize the establishment of Cybersecurity
Education and Training Assistance Programs within the
Department of Homeland Security.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Framework for cyber hunt forward operations (sec. 1720)
The Senate amendment contained a provision (sec. 1612) that
would require the Secretary of Defense to develop a framework
to enhance the consistency and effectiveness of cyber hunt
forward missions. The provision would require the framework
to include criteria for initiating a hunt forward operation,
the roles and responsibilities of several relevant
organizations in the planning and execution of such
operations, planning guidelines, metrics to measure
effectiveness, and responsibilities for the analysis of
mission data. The provision would also require the Secretary
of Defense to provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing not
later than March 1, 2021 on the framework developed in
accordance with this provision.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
framework to include discussion of relevant
counterintelligence planning, force presentation, and certain
personnel policy matters relevant to such operations.
Rationalization and integration of parallel cybersecurity
architectures and operations (sec. 1721)
The Senate amendment contained a provision (sec. 1615) that
would require the Commander of United States Cyber Command to
conduct a detailed review, in consultation with various
relevant parties within the Department of Defense, of the
Cybersecurity Service Provider and Cyber Mission Force
enterprises in order to identify gaps and redundancies. The
provision would also require certain relevant parties to
develop recommendations for the Secretary of Defense to
support the development of the fiscal year 2023 budget
request and provide to the congressional defense committees a
briefing no later than March 31, 2021 on the progress made in
carrying out this provision.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
inclusion of the Principal Cyber Advisors and the Chief
Information Officers of the military services in the list of
parties supporting the preparation of the required review.
Assessing risk to national security of quantum computing
(sec. 1722)
The House bill contained a provision (sec. 1614) that would
require the Secretary of Defense to prepare and submit to the
congressional defense committees an assessment of the current
and future risks posed to national security by quantum
computing. The provision would also require the Secretary to
provide updates on the assessment each quarter until the
completion of the assessment.
The Senate amendment contained a similar provision (sec.
1633) that would require the Secretary of Defense to prepare
an assessment on the threats posed to critical national
security systems by quantum computing. The provision would
also require the Secretary to brief the congressional defense
committees upon the completion of the assessment on the
findings and recommendations.
The House recedes with an amendment that would alter the
dates of the reporting requirement and briefing, and modified
the elements of the assessment.
Tailored cyberspace operations organizations (sec. 1723)
The House bill contained a provision (sec. 1623) that would
require the Secretary of the Navy to submit to the
congressional defense committees a study on the Navy Cyber
Warfare Development Group no later than 120 days after the
date of enactment. The provision would also require the
Secretary of the Navy to designate the group as a screened
command and release the study to the other service
secretaries and the Commander of United States Special
Operations Command (SOCOM). The provision would authorize the
creation by the other services and SOCOM of counterpart
organizations to Navy Cyber Warfare Development Group with
similar size and authorities. Finally, the provision would
require each service secretary and the Commander of U.S.
SOCOM to brief the congressional defense committees not later
than 30 days after receipt of the Secretary of the Navy's
study on their intent or lack thereof to establish such a
counterpart organization.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would alter the
requirements of the study, including the addition of a
requirement to provide recommendations on the creation of
counterpart organizations, modify the timing of the required
briefing from the other service secretaries, and move the
responsibility for SOCOM involvement under the provision to
the Assistant Secretary of Defense for Special Operations and
Low-Intensity Conflict.
Responsibility for cybersecurity and critical infrastructure
protection of the defense industrial base (sec. 1724)
The House bill contained a provision (sec. 1624) that would
designate the Principal Cyber Advisor to the Secretary of
Defense as the Department of Defense's lead official for the
Department's roles and functions as assigned under
Presidential Policy Directive 21, specifically on support of
the critical infrastructure security and resilience of the
defense industrial base.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would designate
the Principal Cyber Advisor as responsible for coordination
of all policies and programs germane to defense industrial
base cybersecurity, and would direct the Secretary of Defense
to conduct a comprehensive assessment of the complete set of
roles and responsibilities of the Department in implementing
Presidential Policy Directive 21 and report within 180 days
of enactment of this Act.
The conferees note that the COVID-19 pandemic revealed that
the Under Secretary of Defense for Policy had not fulfilled
its sector specific agency planning responsibilities for
National Infrastructure Preparedness under Presidential
Policy Directive 21. This led to confusion and delays in
determining how to mitigate risks to the defense industrial
base. Although not technically responsible to do so under the
Department's aforementioned formal roles and
responsibilities, the astute attention of the Under Secretary
of Defense for Acquisition and Sustainment was successful in
mitigating the delays and in getting the defense industrial
base back to work. The conferees emphasize the importance of
a coherent approach, and strongly

[[Page H6692]]

recommend the Secretary consider assigning the Under
Secretary of Defense for Acquisition and Sustainment as lead
for all the non-cyber responsibilities under Presidential
Policy Directive 21.
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. 1725)
The Senate amendment contained provisions (sec. 590 and
sec. 5590) that would authorize the Secretary of the Army and
the Secretary of the Air Force to each conduct a pilot
program to develop and use a capability within the National
Guard through which a National Guard of a State would
remotely provide State governments and National Guard units
of other States with cybersecurity technical assistance. The
provisions would establish the development and exercise
activities to be assessed and executed as part of the
program, should it be carried out.
The House bill contained no similar provision.
The House recedes with an amendment that would shift
responsibility for the pilot program, modify scope, include a
termination date for the authority to begin the pilot
program, modify certain assessment requirements, strike a
requirement relating to demonstration exercises, and modify
the term of the pilot program.
Department of Defense cyber workforce efforts (sec. 1726)
The House bill contained a provision (sec. 1625) that would
direct the Department of Defense Chief Information Officer
(CIO) to study and expand the model used at the National
Security Agency (NSA) that authorizes NSA employees to use up
to 140 hours of paid time toward NSA cyber education efforts
in local communities. The provision would also require the
CIO to study and provide a report to the congressional
defense committees on the Training With Industry program and
the synchronization between NSA GenCyber program and the
Centers for Academic Excellence.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Reporting requirements for cross domain incidents and
exemptions to policies for information technology (sec.
1727)
The House bill contained a provision (sec. 1626) that would
direct the Secretary of Defense to report monthly to the
congressional defense committees on all cross domain
compromises within the Department of Defense Information
Network and would direct the Secretary of Defense to report
biannually to the congressional defense committees on all
current exemptions to information technology policies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would revise and
further specify the nature of the items being reported.
The conferees' intent is to establish a baseline for
legislative oversight on areas where the Department of
Defense has accepted risk to its networks and systems.
Assessing private-public collaboration in cybersecurity (sec.
1728)
The House bill contained a provision (sec. 1627) that would
require the Secretary of Defense to conduct a review of any
public-private collaboration initiatives related to
cybersecurity and the defense of critical infrastructure, and
submit the results of said review in a report to the
congressional defense committees.
The Senate amendment contained no similar provision.
The Senate recedes.
Cyber capabilities and interoperability of the National Guard
(sec. 1729)
The House bill contained a provision (sec. 1628) that would
direct the Secretary of Defense, in conjunction with the
Chief of the National Guard Bureau, to conduct a review of
existing statutes, rules, and regulations that govern the use
of the National Guard in response to significant cyber
incidents.
The Senate amendment contained a similar provision (sec.
1625) that would require the Secretary of Defense, in
coordination with the Secretary of Homeland Security, to
carry out a similar evaluation of existing authorities in
place for the use of the National Guard in response to cyber
incidents.
The Senate recedes with an amendment that would require the
Secretary of Defense to consult with the Secretary of
Homeland Security rather than the Chief of the National Guard
Bureau, modify the list of congressional recipients of the
evaluation, and modify the required contents of the report.
Evaluation of non-traditional cyber support to the Department
of Defense (sec. 1730)
The House bill contained a provision (sec. 1629) that would
require the Principal Cyber Advisor to the Secretary of
Defense, in consultation with certain other officials, to
conduct an assessment of military reserve models to support
Department of Defense cyberspace operations. The provision
would detail the required elements of such an assessment and
require the Secretary of Defense to provide to the
congressional defense committees a report on the assessment
and its findings.
The Senate amendment contained a similar provision (sec.
1628) that would require the Secretary of Defense to conduct
an evaluation of options for establishing a cyber reserve
force. The provision would detail the requirements for such
an evaluation and require the Secretary of Defense to provide
a report to the congressional defense committees on the
evaluation and its findings.
The House recedes with an amendment that would modify the
dates of certain reporting requirements, change the party
responsible for the evaluation to the Principal Cyber Advisor
of the Secretary of Defense, and modify certain elements
required in the report.
Integrated cybersecurity center plan (sec. 1731)
The House bill contained a provision (sec. 1630) that would
require the Secretary of Homeland Security to provide to the
congressional defense committees a report on Federal
cybersecurity centers and the potential for improved
coordination through the establishment of an integrated cyber
center at the Department of Homeland Security. The provision
would also detail the contents and elements of this report.
The provision would further require the Secretary to develop
a plan to establish such an integrated cyber center and begin
doing so no later than 1 year after the Secretary submits the
report to the Congress. The provision would require annual
updates on the progress made towards the establishment and
operation of such a center and would require certain privacy
officers to review and provide comment, as appropriate, on
all reports and proposals made under this provision.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
several modifications, including striking the requirement for
the establishment of the center upon submission of the
report.
Assessment of cyber operational planning and deconfliction
policies and processes (sec. 1732)
The Senate amendment contained a provision (sec. 1617) that
would require the Principal Cyber Advisor of the Department
of Defense and the Commander of United States Cyber Command
to jointly conduct an assessment of the planning and
deconfliction processes of the Department. The provision
would require a detailed review of planning policies and
processes to determine whether or not existing structures
allow for effective and timely cyber operations, intelligence
is being effectively gathered and distributed to support
cyber operations, and relevant authorities are properly
delegated. The provision would also require the Principal
Cyber Advisor and the Commander of Cyber Command to provide
to the Committees on Armed Services of the Senate and the
House of Representatives a briefing not later than February
1, 2022, on the findings of the assessment.
The House bill contained no similar provision.
The House recedes with an amendment that would alter the
date of the required briefing.
Pilot program on cybersecurity capability metrics (sec. 1733)
The Senate amendment contained a provision (sec. 1618) that
would require the Secretary of Defense, acting through the
Chief Information Officer of the Department of Defense and
the Commander of United States Cyber Command, to conduct a
pilot program on the use of speed-based metrics to evaluate
the effectiveness of cybersecurity providers, products, and
technologies. The provision would require the program to be
implemented at select security operations centers and
cybersecurity service providers for a period of not less than
4 months and would require the Secretary to provide a
briefing to the Committees on Armed Services of the Senate
and the House of Representatives on the findings of the pilot
program no later than March 1, 2022.
The House bill contained no similar provision.
The House recedes.
Assessment of effect of inconsistent timing and use of
Network Address Translation in Department of Defense
networks (sec. 1734)
The Senate amendment contained a provision (sec. 1619) that
would require the Chief Information Officer of the Department
of Defense to conduct an assessment on timing variability
within Department of Defense networks and the impact of such
variability on current, planned, and potential cybersecurity
capabilities. The assessment would also cover the current use
and impact of Network Address Translation on network
security. The provision would require the Chief Information
Officer and the Principal Cyber Advisor of the Department to
present recommendations to the Secretary of Defense to
address the results of the assessment, and the Chief
Information Officer to brief the congressional defense
committees on the findings of the assessment and
recommendations presented to the Secretary.
The House bill contained no similar provision.
The House recedes.
Integration of Department of Defense user activity monitoring
and cybersecurity (sec. 1735)
The Senate amendment contained a provision (sec. 1622)
that would require the Secretary of Defense to integrate
aspects of user activity monitoring, endpoint cybersecurity,
and the collection of metadata to enable mutual support and
information sharing. The provision would require the
Secretary to provide a briefing to the congressional defense
committees no later than October 1, 2021, on the actions
taken in accordance with this provision.
The House bill contained no similar provision.

[[Page H6693]]

The House recedes.
Defense industrial base cybersecurity sensor architecture
plan (sec. 1736)
The Senate amendment contained a provision (sec. 1623)
that would require the Principal Cyber Advisor of the
Department of Defense, in coordination with certain other
offices, to develop a plan for the deployment of commercial-
off-the-shelf sensors to monitor the networks of the defense
industrial base. The provision details the contents to be
included in such a plan and would require extensive
consultation with representative companies of the defense
industrial base to ensure prospective participants understand
and agree on any proposed solutions. The provision would also
require the Principal Cyber Advisor to provide a briefing to
the Committees on Armed Services of the Senate and the House
of Representatives on the plan developed pursuant to this
provision.
The House bill contained no similar provision.
The House recedes with an amendment that would turn the
plan into an assessment of the feasibility of an industrial
base sensor architecture program. The amendment would modify
the timeline of the required assessment and modify the
consultation requirements for the preparation of the
assessment.
Assessment on defense industrial base participation in a
threat information sharing program (sec. 1737)
The House bill contained a provision (sec. 1632) that would
prohibit the Secretary of Defense from entering or renewing a
contract with an entity in the defense industrial base that
is not a participant in a threat intelligence sharing
program, either operated by the Department of Defense or a
comparably widely utilized threat intelligence sharing
program.
The Senate amendment contained a similar provision (sec.
1631) that would require the Secretary of Defense to
establish a threat intelligence sharing program to share
threat intelligence with and obtain threat intelligence from
the defense industrial base. Such a program: (1) Could be
mandatory or encouraged, at the discretion of the Secretary;
(2) Would feature tiered requirements for companies based on
their position within the defense industrial base; and (3)
Could be a new program or an augmentation of an existing
program.
The Senate recedes with an amendment that would modify the
provision into an assessment of the feasibility and
suitability of such a threat information sharing program with
implementation contingent on a positive determination by the
Secretary of Defense.
Assistance for small manufacturers in the defense industrial
supply chain on matters relating to cybersecurity (sec.
1738)
The House bill contained a provision (sec. 1633) that would
allow the Secretary of Defense, in consultation with the
director of the National Institute for Standards and
Technology, to provide funds to Manufacturing Extension
Partnership Centers for the provision of cybersecurity
services to small manufacturers. The provision would require
the public listing of selection criteria for grants made
under the provision, limit use of funds to assisting in
Department of Defense cybersecurity requirement compliance,
and require a biennial report to relevant congressional
committees on the use of funds awarded under the provision.
The authorities provided under the provision would terminate
5 years after the date of enactment.
The Senate amendment contained a similar provision (sec.
1642).
The Senate recedes with technical amendments.
Assessment on defense industrial base cybersecurity threat
hunting program (sec. 1739)
The House bill contained a provision (sec. 1634) that would
direct the Secretary of Defense to conduct a feasibility
study, to be submitted to the congressional defense
committees within 120 days after the date of the enactment of
this Act, on a Department of Defense Threat Hunting Program.
Should the feasibility study result in a positive
determination of the program, the Secretary of Defense would
be authorized to establish the program to actively identify
cybersecurity threats and vulnerabilities within the
information systems, including covered defense networks
containing controlled unclassified information, of entities
in the defense industrial base. Additionally, the Secretary
of Defense would not be permitted to enter into, renew, or
extend contracts with entities in the defense industrial base
that are not in compliance with the Threat Hunting Program
established in this section.
The Senate amendment contained a similar provision (sec.
1632) that would require the Secretary of Defense to conduct
an assessment of the adequacy of threat hunting elements of
the Cyber Maturity Model Certification program and the need
for continuous threat monitoring operations. The provision
would also require the Secretary to brief the Committees on
Armed Services of the Senate and the House of Representatives
on the assessment's findings no later than February 1, 2022.
The Senate recedes with an amendment that would make a
range of modifications to the House provision to require an
assessment of the feasibility and suitability of such a
threat hunting program with implementation contingent on a
positive determination by the Secretary of Defense.
Defense Digital Service (sec. 1740)
The House bill contained a provision (sec. 1635) that would
require the Secretary of Defense and the Administrator of the
United States Digital Service to establish a direct
relationship to address and clarify authorities, hiring
processes, roles, and responsibilities. The provision would
also require the Secretary and the Administrator to jointly
certify to the congressional defense committees that
Department of Defense personnel supporting the Defense
Digital Service have skills and qualifications consistent
with those of U.S. Digital Service personnel.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include the
Committee on Homeland Security and Governmental Affairs of
the Senate (HSGAC) and the Committee on Oversight and Reform
of the House of Representatives (COR) on the list of
recipients for the joint certification. The amendment would
also require a briefing by the Secretary and the
Administrator to the Committees on Armed Services of the
Senate and the House of Representatives, HSGAC, and COR on
the relationship established between the Department of
Defense and the United States Digital Service pursuant to
this provision.
Matters concerning the College of Information and Cyberspace
and limitation of funding for National Defense University
(sec. 1741)
The House bill contained a provision (sec. 1636) that would
limit the obligation and expenditure of funds for the
National Defense University (NDU) until the congressional
defense committees receive budget and planning documents
relating to the expansion of cybersecurity and information
domain education at the University.
The Senate amendment contained a similar provision (sec.
1620) that would prohibit the reorganization, reduction, or
elimination of the College of Information and Cyberspace
(CIC), an organization established in statute, pending
receipt by the congressional defense committees of an
assessment of Department of Defense requirements for
cybersecurity professional military education and civilian
leader education and options to satisfy said requirements.
The House recedes with an amendment that would: (1) Limit
the obligation and expenditure of funds by the University
until receipt of the assessment outlined in the Senate
provision; and (2) Modify the reporting requirement by
changing the responsible parties and scope of the assessment.
The conferees note the importance of cyber warfare in
future conflicts, as emphasized in the National Defense
Strategy, and emphasizes the importance of the Department
thoroughly reviewing and determining the requirements for
cyber education both as a component of the Joint Professional
Military Education curriculum and for overall cyber education
requirements for the cyber workforce.
The conferees also note that section 2165 of title 10,
United States Code, establishes the CIC in law as a
constituent institution of the NDU and that any action to
eliminate, subsume into another college, or institutionally
diminish the CIC requires a change in law.
Department of Defense cyber hygiene and Cybersecurity
Maturity Model Certification framework (sec. 1742)
The House bill contained two provisions (sec. 1640 and
sec. 1640E) that would require the Secretary of Defense to
provide to the congressional defense committees a detailed
report on the implementation of a range of cybersecurity
issues. The Secretary of Defense would also be required to
prepare a report on the cyber hygiene practices of the
Department relative to the Cyber Maturity Model Certification
(CMMC) framework and submit said report to the congressional
defense committees and the Government Accountability Office
for review by the Comptroller General of the United States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would combine the
two provisions, modify the initial Secretary of Defense
report by specifying the responsible parties, and require an
assessment of each Department of Defense component against
CMMC requirements. The amendment would also change the report
on the implementation of certain cybersecurity
recommendations into a briefing, alter certain requirements
of said briefing, and impose a limitation on the use of funds
authorized to be appropriated by this Act until the Under
Secretary for Acquisition and Sustainment provides to the
congressional defense committees a plan to implement the CMMC
via requirements in procurement contracts.
Extension of sunset for pilot program on regional
cybersecurity training center for the Army National Guard
(sec. 1743)
The House bill contained a provision (sec. 1640B) that
would extend through August 31, 2022, a pilot program for the
regional provision of cybersecurity training to members of
the Army National Guard.
The Senate amendment contained no similar provision.
The Senate recedes.
National cyber exercises (sec. 1744)
The House bill contained a provision (sec. 1640F) that
would require the Secretary of Homeland Security to conduct
an exercise to test the resilience, response, and recovery of
the United States in the case of a significant cyber attack
impacting critical infrastructure. The provision would detail
certain required elements including exercise content,

[[Page H6694]]

participants, planning, and associated briefings.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include the
Attorney General and the Director of National Intelligence on
the list of offices required to coordinate in the conduct of
the exercise. The amendment would also include a requirement
for specific plans for each scheduled exercise to be
submitted to the Congress prior to execution.
The conferees note that while, as the Cyberspace Solarium
Commission originally recommended, the exercise is intended
to be a tabletop exercise, the conferees defer to the
executive branch to convene an exercise that would be most
effective for its purposes. The conferees expect that if the
scope or scale of the exercise exceeds that of a tabletop
exercise, relevant departments and agencies will engage the
appropriate congressional committees early and often to gain
and ensure appropriate support.
Cybersecurity and Infrastructure Security Agency review (sec.
1745)
The House bill contained a provision (sec. 1675) that would
require the Director of the Cybersecurity and Infrastructure
Security Agency (CISA) of the Department of Homeland Security
to conduct a review of the ability of CISA to carry out its
mission requirements and implement certain recommendations of
the U.S. Cyberspace Solarium Commission Report. The provision
details certain requirements for the review and requires the
Secretary of Homeland Security to provide a report on the
results of the review to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate. The
provision would further require the Director of CISA to
provide the report to the Administrator of the General
Services Administration for independent review.
The Senate amendment contained similar provisions (sec.
5245 and sec. 5246) that would require similar reviews and
assessments with the General Services Administration review
occurring independently of the CISA review.
The House recedes with an amendment that would modify the
list of recipients for the report on the General Services
Administration review.
Report on enabling United States Cyber Command resource
allocation (sec. 1746)
The Senate amendment contained a provision (sec. 1627) that
would require the Secretary of Defense to provide to the
congressional defense committees a report on how the
Secretary intends to implement certain sections of United
States Code relating to the role of the commander of United
States Cyber Command in the preparation of budget materials
and the direct authority of the commander over the use of
funds by cyber forces for the acquisition of cyber peculiar
equipment, capabilities, and services. The provision would
require the report to address in detail several aspects of
the planned implementation of said sections of code.
The House bill contained no similar provision.
The House recedes with an amendment that would alter the
date on which the Secretary shall submit the report to the
congressional defense committees.
Ensuring cyber resiliency of nuclear command and control
system (sec. 1747)
The Senate amendment contained a provision (sec. 1629) that
would require the Secretary of Defense to submit to the
congressional defense committees a plan, including a schedule
and resourcing plan, to implement the findings and
recommendations of the first annual assessment of cyber
resiliency of the nuclear command and control (NC3) system.
The provision would require the Secretary to develop a
concept of operations to defend the NC3 system from cyber
attacks and develop an oversight mechanism to ensure
implementation of said concept of operations and the plan to
be prepared by the Secretary.
The House bill contained no similar provision.
The House recedes.
Requirements for review of and limitations on the Joint
Regional Security Stacks activity (sec. 1748)
The Senate amendment contained a provision (sec. 1636) that
would require the Secretary of Defense to undertake a
baseline review of the Joint Regional Security Stacks (JRSS)
activity to determine whether the activity should proceed as
a program of record or be phased out across the Department of
Defense. The Secretary would be required to provide the
congressional defense committees with the findings of the
baseline review and, depending on the determination of the
Secretary, either a plan to transition JRSS to a program of
record or a plan to replace JRSS. The provision would also
prohibit the operational deployment and fielding of JRSS on
the Secret Internet Protocol Network and the use of funds
authorized to be appropriated by this Act for such actions.
The House bill contained no similar provision.
The House recedes with an amendment that would require an
independent review of JRSS prior to and informing the
baseline review to be conducted by the Secretary of Defense.
Implementation of information operations matters (sec. 1749)
The Senate amendment contained a provision (sec. 1640) that
would limit the availability of specified funds until the
Secretary of Defense submits to the Committees on Armed
Services of the Senate and the House of Representatives the
report required by subsection (h)(1) of section 1631 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) and the strategy and posture review
required by subsection (g) of such section.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Secretary to designate a Department of Defense entity that is
organizationally independent of Department components
performing or otherwise engaged in operational support to
Department information operations to develop, apply, and
continually refine an assessment capability for defining and
measuring the impact of Department information operations.
Report on use of encryption by Department of Defense national
security systems (sec. 1750)
The Senate amendment contained a provision (sec. 6611) that
would require the Secretary of Defense to submit to the
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 not later
than 180 days after the date of enactment of this Act.
The House bill contained no similar provision.
The House recedes.
Guidance and direction on use of direct hiring processes for
artificial intelligence professionals and other data
science and software development personnel (sec. 1751)
The Senate amendment contained a provision (sec. 6612) that
would require the Secretary of Defense to issue guidance
designed to improve the use of available direct hire
authorities for artificial intelligence, data science, and
software development positions.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to review existing guidance and, where
beneficial, issue new guidance on the use of direct hire
authorities.
National Cyber Director (sec. 1752)
The House bill contained provisions (secs. 1131 and 1132)
that would establish within the Executive Office of the
President the Office of the National Cyber Director. The
Office of the Director would have a range of
responsibilities, including serving as the principal advisor
to the President on cybersecurity matters, leading the
development and implementation of cyber strategy, and
coordinating major cyber incident response efforts across
the Federal Government.
The Senate amendment contained a similar provision (sec.
1637) that would require the Secretary of Defense, in
coordination with the Secretary of Homeland Security, to
enter into an agreement with an independent organization to
conduct an assessment of the feasibility and advisability of
establishing such an office.
The Senate recedes with an amendment that would modify
certain duties, authorities, and elements of the established
Office.

LEGISLATIVE PROVISIONS NOT ADOPTED

Cyber threat information collaboration environment
The House bill contained a provision (sec. 1631) that would
direct the Secretary of Homeland Security, in coordination
with the Secretary of Defense and the Director of National
Intelligence (acting through the Director of the National
Security Agency) to develop an information collaboration
environment that enables entities to identify, mitigate, and
prevent malicious cyber activity. The collaboration
environment would provide limited access to appropriate
operationally relevant data about cybersecurity risks and
cybersecurity threats, including malware forensics and data
from network sensor programs, on a platform that enables
query and analysis.
The Senate amendment contained no similar provision.
The House recedes.
Critical infrastructure cyber incident reporting procedures
The House bill contained a provision (sec. 1637) that would
require the Secretary of Homeland Security to enact
requirements and procedures for certain covered critical
infrastructure entities to report cybersecurity incidents to
the National Cybersecurity and Communications Integration
Center of the Department of Homeland Security. The provision
would detail a range of aspects for such requirements and
procedures.
The Senate amendment contained no similar provision.
The House recedes.
Funding for National Center for Hardware and Embedded Systems
Security and Trust
The House bill contained a provision (sec. 1638) that would
increase funding for the National Center for Hardware and
Embedded Systems Security and Trust by $3.0 million and
decrease funding for chemical agents and munitions
destruction by $3.0 million.
The Senate amendment contained no similar provision.
The House recedes.

[[Page H6695]]

Title XVIII--Transfer and Reorganization of Defense Acquisition
Statutes

Transfer and reorganization of defense acquisition statutes
(secs. 1801-1885)
The conference agreement includes a title that would
transfer and reorganize certain defense acquisition statutes
and direct the Secretary of Defense to conduct a
comprehensive assessment and implementation plan of the
transfer and reorganization contained in this title.
The conferees note that the Advisory Panel on Streamlining
and Codifying Acquisition Regulations, established by the
Congress under section 809 of the National Defense
Authorization Act for 2016 (Public Law 114-92), recommended
as part of its work in June 2018 that the Congress transfer
and consolidate certain defense acquisition statutes in title
10, United States Code, concluding that, ``Organizing the
defense acquisition statutes into a restructured,
rationalized form would reduce the overcrowding, reflect more
clearly the underlying structure of these statutes, and
provide substantial benefits in terms of a structure that is
more intuitive and easier to navigate. This effort would be
especially beneficial for the thousands of attorneys across
the Department of Defense who advise commanders, program
managers, and contracting officers on acquisition
authorities. Confusing notes and cumbersome statutory
structure can create a barrier to entry for innovative firms
unfamiliar with the federal acquisition process, firms DoD
seeks to leverage to ensure technological dominance and
enhanced lethality across the joint force inside the curve of
near-peer competitors and nonstate actors.''
The conferees appreciate the work of the Panel and observe
that a transfer and reorganization is an ambitious and
complex undertaking that sets the conditions for future
reform. The conferees have engaged in the undertaking with a
commitment to the principle that a restructuring not result
in policy changes. The conferees note the intention of the 1-
year enactment delay is to provide time for the Department
and for other stakeholders to identify adjustments and
specific and actionable recommendations to address them.
Further, the conferees note the implementation delay is
intended to provide the Department a reasonable amount of
time to make necessary administrative updates to implement
the transfer and reorganization. The conferees therefore
direct the Secretary of Defense to ensure the assessment and
implementation plan directed by this section are sufficiently
comprehensive to facilitate the conferees' consideration of
appropriate and timely adjustments in the future.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Summary and explanation of funding tables
Division B of this Act authorizes funding for military
construction projects of the Department of Defense. It
includes funding authorizations for the construction and
operation of military family housing, as well as military
construction for the reserve components, the Defense
agencies, and the North Atlantic Treaty Organization Security
Investment Program. It also provides authorization for the
base closure accounts that fund military construction,
environmental cleanup, and other activities required to
implement the decisions in base closure rounds. The tables
contained in this Act provide the project-level
authorizations for the military construction funding
authorized in Division B of this Act and summarize that
funding by account.
The conferees continue to believe in the value and
appropriateness of providing a full authorization but
incremental authorization of appropriations for certain
military construction projects. The conferees believe
incremental funding of large and complex military
construction projects enable the Department to execute
additional infrastructure projects in a fiscal year, enables
continuous congressional oversight, serves to reduce the
$24.6 billion unobligated MILCON balance, and provides
opportunities to adjust the authorization of appropriations
level for projects should issues arise or requirements change
over the course of construction. In instances where the
conference agreement provides full authorization but
incremental authorization of appropriations for certain
military construction projects, the committee expects the
Department to award these projects in the year of
authorization and not defer award until the full
appropriation amount is received.
Short title (sec. 2001)
The House bill contained a provision (sec. 2001) that would
cite division B of this Act as the ``Military Construction
Authorization Act for Fiscal Year 2021.''
The Senate amendment contained an identical provision (sec.
2001).
The conference agreement includes this provision.
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)
The House bill contained a provision (sec. 2002) that would
ensure that the authorizations provided in titles XXI through
XXVII and title XXIX of this Act shall expire on October 1,
2023, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2024,
whichever is later.
The Senate amendment contained a similar provision (sec.
2002).
The Senate recedes.
Effective date (sec. 2003)
The House bill contained a provision (sec. 2003) that would
provide that titles XXI through XXVII and XXIX of this Act
would take effect on October 1, 2020, or the date of the
enactment of this Act, whichever is later.
The Senate amendment contained an identical provision (sec.
2003).
The conference agreement includes this provision.

Title XXI--Army Military Construction

Summary
The budget request included $650,336,000 for Army military
construction and $486,542,000 for Army family housing for
fiscal year 2021. The conference agreement includes
authorization of appropriations of $880,076,000 for Army
military construction and $512,542,000 for Army family
housing in fiscal year 2021.
The agreement includes authorization and authorization of
appropriations for eight military construction projects that
were not included in the budget request but were submitted to
the congressional defense committees as part of the Army's
unfunded requirements list. These projects include:
$65.0 million for a Child Development Center at the
Aliamanu Military Reservation, Hawaii; $59.0 million for
Unaccompanied Enlisted Personnel Housing at Fort
Wainwright, Alaska; $55.0 million for a Child Development
Center at Fort Wainwright, Alaska; $46.0 million for an
Ammunition Holding Facility at Marine Ocean Terminal
Concord, California; $39.0 million for a Child Development
Center at Schofield Barracks, Hawaii; $10.2 million for an
Access Control Point at Casmera Renato Dal Din, Italy;
$8.0 million for Planning & Design in support of JIATF-
South Operations Center, Florida; and $7.0 million
associated with the cost to complete the Trainee Barracks
Complex 3, Phase 2 at Fort Jackson, South Carolina.
The agreement provides for incremental authorization of
appropriations in an amount equal to the Department's ability
to execute in the year of the authorization of appropriations
for the General Instruction Building, Increment 2 at Carlisle
Barracks, Pennsylvania.
The agreement provides an increase in the authorization of
appropriations for certain programs included in the Army's
budget request for military construction and family housing
in fiscal year 2021. These programmatic increases include:
(1) $26.0 million for Housing Privatization Support in the
Army's Family Housing Operation and Maintenance account.
These additional funds are intended to continue the
improvement of Military Housing Privatization Initiative
oversight through the hiring of additional civilian
personnel;
(2) $25.0 million for Army Family Housing Maintenance to
address environmental hazards at Government-owned military
family housing; and
(3) $18.0 million for unspecified minor military
construction.
Finally, the agreement includes a reduction in the
authorization of appropriations for certain programs
contained in the budget request submitted by the Army for
military construction and family housing in fiscal year 2021.
These reductions are:
(1) $65.0 million for planning and design at unspecified
worldwide locations. The conferees believe that the
Department of the Army cannot fully expend the requested
funding in fiscal year 2021, and therefore the agreement
includes an authorization of $64.4 million, a reduction of
$65.0 million, for this program; and
(2) $25.0 million for Army Family Housing Maintenance for
general officer quarters. The conferees support the
authorization of appropriations in an amount equivalent to
the ability of the Department to execute in the year of the
authorization for appropriations. For this project, the
conferees note that the Army is engaged in ongoing
negotiations with the American Council for Historic
Preservation on materials and renovation techniques for these
historic properties that may impact the timeline and cost of
renovating these homes. Therefore, the agreement includes an
authorization of $97.8 million, which includes a reduction of
$25.0 million for maintenance of general officer quarters.
Authorized Army construction and land acquisition projects
(sec. 2101)
The House bill contained a provision (sec. 2101) that would
authorize military construction projects for the active
component of the Army for fiscal year 2021. The authorized
amount is listed on an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2101).
The House recedes.
Family housing (sec. 2102)
The House bill contained a provision (sec. 2102) that would
authorize new construction, improvements, and planning and
design of family housing units for the Army for fiscal year
2021.
The Senate amendment contained an identical provision (sec.
2102).
The conference agreement includes this provision.
Authorization of appropriations, Army (sec. 2103)
The House bill contained a provision (sec. 2103) that would
authorize appropriations for Army military construction
levels identified in section 4601 of division D of this Act.

[[Page H6696]]

The Senate amendment contained an identical provision (sec.
2103).
The conference agreement includes this provision.
Limitation on military construction project at Kwajalein
Atoll (sec. 2104)
The House bill contained a provision (sec. 2104) that would
require the Secretary of the Army to submit a resilience plan
prior to obligating funds for a certain project at Kwajalein
Atoll.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Modification of authority to carry out fiscal year 2017
project at Camp Walker, Korea (sec. 2105)
The House bill contained a provision (sec. 2105) that would
modify the authority provided by section 2101 of the Military
Construction Authorization Act for Fiscal Year 2017 (division
B of Public Law 114-328) and authorize the Secretary of the
Army to make certain modifications to the authorized cost of
a previously authorized construction project.
The Senate amendment contained a similar provision (sec.
2104).
The House recedes.

Title XXII--Navy Military Construction

Summary
The budget request included $1,975,606,000 for Navy and
Marine Corps military construction and $389,390,000 for Navy
and Marine Corps family housing for fiscal year 2021. The
conference agreement includes authorization of appropriations
of $2,007,085,000 for Navy and Marine Corps military
construction and $414,390,000 for Navy and Marine Corps
family housing in fiscal year 2021.
The agreement includes authorization and authorization of
appropriations for 10 military construction projects that
were not included in the budget request but were submitted to
the congressional defense committees as part of the Navy and
Marine Corps' unfunded requirements lists. These projects
include: $51.9 million for a Fitness Center Replacement and
Training Pool at Cherry Point, North Carolina; $46.8 million
for Magazines at Seal Beach, California; $43.5 million for
Combat Vehicle Maintenance Facilities at Point Hueneme,
California; $28.0 million Long Range Maritime Patrol Aircraft
Hanger and Ramp at Comalapa, El Salvador; $26.7 million for a
Directed Energy Test Facility at Point Mugu, California;
$26.1 million for Perimeter Security at NCTAMS LANT
Detachment Cutler, Maine; $25.2 million for a Combat Water
Survival Training Facility at Camp Pendleton, California;
$21.8 million for Warehouse Consolidation and Modernization
at Camp Pendleton, California; $9.4 million for Sub Logistics
Support at Norfolk, Virginia; and $7.5 million in support of
Planning & Design associated with Indo-Pacific Command
Posture Initiatives.
The agreement provides for incremental authorization of
appropriations in an amount equal to the Department's ability
to execute in the year of the authorization of appropriations
for the following projects: F-35C Hangar 6 Phase 2 (Mod 3/4)
at Lemoore, California; Pier 6 Replacement at San Diego,
California; Bachelor Enlisted Quarters at Joint Region
Marianas, Guam; and Joint Communication Upgrade at Joint
Region Marianas, Guam.
Finally, the agreement provides an increase in the
authorization of appropriations for certain programs included
in the Navy's budget request for military construction and
family housing in fiscal year 2021. These programmatic
increases include:
(1) $45.0 million for Planning & Design associated with the
Navy's Shipyard Infrastructure Optimization Plan; and
(2) $25.0 million for Housing Privatization Support in the
Navy and Marine Corps' Family Housing Operation and
Maintenance account. These additional funds are intended to
continue the improvement of Military Housing Privatization
Initiative oversight through the hiring of additional
civilian personnel.
Authorized Navy construction and land acquisition projects
(sec. 2201)
The House bill contained a provision (sec. 2201) that would
authorize Navy and Marine Corps military construction
projects for fiscal year 2021. The authorized amounts are
listed on an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2201).
The House recedes.
Family housing and improvements to military family housing
units (sec. 2202)
The House bill contained a provision (sec. 2202) that would
authorize new construction, improvements, and planning and
design of family housing units for the Department of the Navy
for fiscal year 2021.
The Senate amendment contained similar provisions (secs.
2202 and 2203).
The Senate recedes.
Authorization of appropriations, Navy (sec. 2203)
The House bill contained a provision (sec. 2203) that would
authorize appropriations for Department of Navy military
construction levels identified in section 4601 of division D
of this Act.
The Senate amendment contained an identical provision (sec.
2204).
The conference agreement includes this provision.

Title XXIII--Air Force Military Construction

Summary
The budget request included $767,132,000 for Air Force
military construction and $414,235,000 for Air Force family
housing for fiscal year 2021. The conference agreement
includes authorization of appropriations of $717,432,000 for
Air Force military construction and $423,235,000 for Air
Force family housing in fiscal year 2021.
The agreement includes authorization and authorization of
appropriations for seven military construction projects that
were not included in the budget request but were submitted to
the congressional defense committees as part of the Air
Force's unfunded requirements list. These projects include:
$40.0 million for the Flight Test Engineering Laboratory
Complex at Edwards Air Force Base, California; $35.0 million
associated with the cost to complete the Advanced Munitions
Technology Complex at Eglin Air Force Base, Florida; $18.8
million associated with the Organic Software Sustainment
Center at Hill Air Force Base, Utah; $13.0 million associated
with the cost to complete the Consolidated Communications
Center at Joint Base Andrews, Maryland; $12.0 million
associated with the cost to complete the Weapons Storage
Facility at F.E. Warren Air Force Base, Wyoming; $10.0
million for the first increment of the B-21 2-Bay LO
Restoration Facility at Ellsworth Air Force Base, South
Dakota; and $7.5 million in support of Planning & Design
associated with Indo-Pacific Command Posture Initiatives.
The agreement provides for incremental authorization of
appropriations in an amount equal to the Department's ability
to execute in the year of the authorization of appropriations
for the following projects: Weapons Storage & Maintenance
Facility, Increment 2 at Malmstrom Air Force Base, Montana;
and Fuel Tanks with Pipeline & Hydrant System, Increment 2 at
Tinian, Commonwealth of the Northern Mariana Islands.
The agreement includes an increased authorization and
authorization of appropriations for two projects for which
the Air Force submitted revised cost estimates after
submission of the budget request for fiscal year 2021. These
projects include: Parking Apron, Increment 2 at Tinian,
Commonwealth of the Northern Mariana Islands; and Airfield
Development Phase 1, Increment 2 at Tinian, Commonwealth of
the Northern Mariana Islands.
The agreement provides an increased authorization of
appropriations of $9.0 million for Housing Privatization in
the Air Force's Family Housing Operation and Maintenance
account. These additional funds are intended to continue the
improvement of Military Housing Privatization Initiative
oversight through the hiring of additional civilian
personnel.
Finally, the agreement provides for a reduction in the
authorization of appropriations for planning and design at
unspecified worldwide locations. The conferees believe that
the Air Force cannot fully expend the requested funding in
fiscal year 2021 nor is the request supported by the military
construction projects forecasted in the future years defense
program. Therefore, the conference agreement provides an
authorization of $116.5 million, a reduction of $180.0
million, for this program. The conferees note that this
amount also reflects authority contained elsewhere in the
conference agreement for the Air Force to spend up to $15.0
million for the purpose of obtaining or carrying out
necessary planning and construction design associated with
military construction projects and other infrastructure
projects necessary to support the development and fielding of
the Ground Based Strategic Deterrent weapon system.
Authorized Air Force construction and land acquisition
projects (sec. 2301)
The House bill contained a provision (sec. 2301) would
authorize Air Force military construction projects for fiscal
year 2021. The authorized amounts are listed on an
installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2301).
The House recedes with a technical amendment.
Family housing and improvements to military family housing
units (sec. 2302)
The House bill contained a provision (sec. 2302) that would
authorize new construction, planning, and design of family
housing units for the Air Force for fiscal year 2021. The
provision would also authorize funds for facilities that
support family housing, including housing management offices,
housing maintenance, and storage facilities.
The Senate amendment contained similar provisions (secs.
2302 and 2303).
The Senate recedes.
Authorization of appropriations, Air Force (sec. 2303)
The House bill contained a provision (sec. 2303) that would
authorize appropriations for Air Force military construction
levels identified in section 4601 of division D of this Act.
The Senate amendment contained an identical provision (sec.
2304).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year
2018 project (sec. 2304)
The House bill contained a provision (sec. 2304) that would
modify the authority provided by sections 2301 and 2903 of
the Military Construction Authorization Act for Fiscal Year
2018 (division B of Public Law 115-

[[Page H6697]]

91) and authorize the Secretary of the Air Force to make
certain modifications to the scope and authorized cost of
previously authorized construction project.
The Senate amendment contained a similar provision (sec.
2305).
The Senate recedes.
Modification of authority to carry out certain fiscal year
2019 projects (sec. 2305)
The House bill contained a provision (sec. 2305) that
would modify the authority provided by section 2301 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232) and authorize the Secretary of
the Air Force to make certain modifications to the scope and
authorized cost of previously authorized construction
projects.
The Senate amendment contained a similar provision (sec.
2306).
The Senate recedes.
Modification of authority to carry out certain fiscal year
2020 projects (sec. 2306)
The House bill contained a provision (sec. 2306) that would
modify the authority provided by section 2301 of the Military
Construction Authorization Act for Fiscal Year 2020 (division
B of Public Law 116-92) and authorize the Secretary of the
Air Force to make certain modifications to the scope and
authorized cost of previously authorized construction
projects.
The Senate amendment contained a similar provision (sec.
2308).
The House recedes with a technical amendment.
Technical corrections related to authority to carry out
certain fiscal year 2020 family housing projects (sec.
2307)
The House bill contained a provision (sec. 2307) that would
make technical corrections to section 2304(a) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92) relating to the authority to carry out a certain
family housing project.
The Senate amendment contained a similar provision (sec.
2307).
The Senate recedes.

Title XXIV--Defense Agencies Military Construction

Summary
The budget request included $2,027,520,000 for Defense
agency military construction and $61,225,000 for Defense
agency family housing for fiscal year 2021. The conference
agreement includes authorization of appropriations of
$1,886,366,000 for Defense agency military construction and
$61,225,000 for Defense agency family housing in fiscal year
2021.
The agreement includes authorization and authorization of
appropriations for 10 military construction projects that
were not included in the budget request but were submitted to
the congressional defense committees as part of the unfunded
requirements list for the Department's Energy Resilience and
Conservation Investment Program. These projects include:
$35.0 million to construct an Intelligence Facility Central
Utility Plant at Wright-Patterson Air Force Base, Ohio; $30.0
million to construct a 10MW Generation & Microgrid System at
Camp Shelby, Mississippi; $25.2 million for PV Carports at
Joint Base Anacostia Bolling, District of Columbia; $24.0
million to construct a 10MW Generation & Microgrid at Fort
Rucker, Alabama; $17.0 million to construct a 4.8MW
Generation & Microgrid at Fort Benning, Georgia; $8.7 million
for Industrial Controls System Modernization at Joint Base
Anacostia Bolling, District of Columbia; $6.1 million for a
SOTF Chilled Water Upgrade at Fort Bragg, North Carolina;
$4.7 million for PV Arrays and Battery Storage at Memphis,
Tennessee; $2.6 million for PV Arrays and Battery Storage at
Fort Smith, Arkansas; and $1.9 million for DIA HQ Cooling
Towers and Condensation Pumps at Joint Base Anacostia
Bolling, District of Columbia.
The agreement provides increased authorization and
authorization of appropriations for certain programs included
in the Department of Defense's budget request for military
construction and family housing. These programmatic increases
include:
(1) $25.0 million for Planning & Design of Defense agency
military construction projects to support additional military
installation resiliency requirements; and
(2) $15.0 million for Planning & Design at unspecified
worldwide locations associated with additional Energy
Resilience and Conservation Investment Program projects.
Finally, the agreement provides for incremental
authorization of appropriations in an amount equal to the
Department's ability to execute in the year of the
authorization of appropriations for the following projects:
Medical Center Replacement Increment 9 at Rhine Ordnance
Barracks, Germany; Kinnick High School at Yokosuka, Japan;
MEDCEN Addition/Alternation Increment 4 at Bethesda Naval
Hospital, Maryland; and Next NGA West (N2W) Complex Phase 2
at St. Louis, Missouri.
Authorized Defense Agencies construction and land acquisition
projects (sec. 2401)
The House bill contained a provision (sec. 2401) would
authorize military construction projects for the defense
agencies for fiscal year 2021. The authorized amounts are
listed on an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2401).
The House recedes.
Authorized Energy Resilience and Conservation Investment
Program projects (sec. 2402)
The House bill contained a provision (sec. 2402) that would
authorize the Secretary of Defense to carry out energy
conservation projects. The authorized amounts are listed on
an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2402).
The Senate recedes.
Authorization of appropriations, Defense Agencies (sec. 2403)
The House bill contained a provision (sec. 2403) that would
authorize appropriations for defense agencies' military
construction at the levels identified in section 4601 of
division D of this Act.
The Senate amendment contained an identical provision (sec.
2403).
The conference agreement includes this provision.
Independent study on Western Emergency Refined Fuel Reserves
(sec. 2404)
The House bill contained a provision (sec. 1761) that would
require the Secretary of Defense, acting through the Director
of the Defense Logistics Agency, to establish a reserve, to
be known as the ``Western Emergency Refined Petroleum
Products Reserve,'' to store refined petroleum products that
may be made available to military and governmental entities
during an emergency situation, as determined by the Secretary
of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct the
Secretary of Defense, in consultation with the Secretary of
Energy, to enter into an agreement with a federally funded
research and development center to conduct a study on the
feasibility of establishing one or more emergency fuel
reserves for refined fuel in the Western United States.

Title XXV--International Programs

Subtitle A--North Atlantic Treaty Organization Security Investment
Program

Summary
The budget request contained $173,030,000 for the North
Atlantic Treaty Organization Security Investment Program
(NSIP) for fiscal year 2021. The conference agreement
includes authorization of appropriations of $173,030,000 for
NSIP for fiscal year 2021.
Authorized NATO construction and land acquisition projects
(sec. 2501)
The House bill contained a provision (sec. 2501) that would
authorize the Secretary of Defense to make contributions to
the North Atlantic Treaty Organization Security Investment
Program in an amount not to exceed the sum of the amount
specifically authorized in section 2502 of this Act and the
amount collected from the North Atlantic Treaty Organization
as a result of construction previously financed by the United
States.
The Senate amendment contained an identical provision (sec.
2501).
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The House bill contained a provision (sec. 2502) that would
authorize appropriations for the North Atlantic Treaty
Organization Security Investment Program at the levels
identified in section 4601 of division D of this Act.
The Senate amendment contained a similar provision (sec.
2502).
The House recedes.
Execution of projects under the North Atlantic Treaty
Organization Security Investment Program (sec. 2503)
The Senate amendment contained a provision (sec. 2503) that
would authorize the Secretary of Defense to accept and spend
contributions from the North Atlantic Treaty Organization
(NATO) or NATO members for various purposes relating to the
NATO Security Investment Program.
The House bill contained no similar provision.
The House recedes with a technical amendment.

Subtitle B--Host Country In-Kind Contributions

Republic of Korea funded construction projects (sec. 2511)
The House bill contained a provision (sec. 2511) that would
authorize the Secretary of Defense to accept 10 military
construction projects totaling $416.0 million pursuant to
agreement with the Republic of Korea for required in-kind
contributions.
The Senate amendment contained a similar provision (sec.
2511).
The House recedes.
Qatar funded construction projects (sec. 2512)
The House bill contained a provision (sec. 2512) that would
authorize the Secretary of Defense to accept 15 military
construction projects totaling $1.324 billion pursuant to an
agreement with the State of Qatar for required in-kind
contributions.
The Senate amendment contained a similar provision (sec.
2512).
The House recedes.

Title XXVI--Guard and Reserve Forces Facilities

Summary
The budget request contained $568,100,000 for military
construction of National Guard and Reserve facilities for
fiscal year 2021. The conference agreement includes
authorization of appropriations of $687,735,000 for

[[Page H6698]]

military construction of National Guard and Reserve
facilities for fiscal year 2021.
The agreement includes authorization and authorization of
appropriations for nine military construction projects that
were not included in the budget request but were submitted to
the congressional defense committees as part of the military
departments' unfunded requirements lists. The projects
include: $15.7 million for Enlisted Barracks, Transient
Training at Hermiston, Oregon (Army National Guard); $15.0
million for a National Guard Readiness Center at Fort
Chaffee, Arkansas (Army National Guard); $9.8 million for a
National Guard Vehicle Maintenance Shop at Ardmore, Oklahoma
(Army National Guard); $9.3 million for a National Guard
Vehicle Maintenance Shop at Bakersfield, California (Army
National Guard); $2.5 million for a Transient Trainee
Barracks at Fort McCoy, Wisconsin (Army Reserve); $12.8
million for a Joint Reserve Intel Center at Minneapolis,
Minnesota (Navy Reserve); $17.5 million for a Consolidated
RPA Operations Facility at Hector International Airport,
South Dakota (Air National Guard); $12.0 million for a Base
Supply Complex at Montgomery Regional Airport, Alabama (Air
National Guard); and $25.0 million for an F-35 Squadron Ops/
Aircraft Maintenance Unit facility at Fort Worth, Texas (Air
Force Reserves).
Authorized Army National Guard construction and land
acquisition projects (sec. 2601)
The House bill contained a provision (sec. 2601) that would
authorize military construction projects for the
Army National Guard for fiscal year 2021. The authorized
amounts are listed on an installation-by-installation
basis.
The Senate amendment contained a similar provision (sec.
2601).
The House recedes.
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)
The House bill contained a provision (sec. 2602) that would
authorize military construction projects for the Army Reserve
for fiscal year 2021. The authorized amounts are listed on an
installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2602).
The House recedes.
Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects (sec. 2603)
The House bill contained a provision (sec. 2603) that would
authorize military construction projects for the Navy Reserve
and Marine Corps Reserve for fiscal year 2021. The authorized
amounts are listed on an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2603).
The House recedes.
Authorized Air National Guard construction and land
acquisition projects (sec. 2604)
The House bill contained a provision (sec. 2604) that would
authorize military construction projects for the Air National
Guard for fiscal year 2021. The authorized amounts are listed
on an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2604).
The House recedes.
Authorized Air Force Reserve construction and land
acquisition projects (sec. 2605)
The House bill contained a provision (sec. 2605) that would
authorize military construction projects for the Air Force
Reserve for fiscal year 2021. The authorized amounts are
listed on an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2605).
The House recedes.
Authorization of appropriations, National Guard and Reserve
(sec. 2606)
The House bill contained a provision (sec. 2606) that would
authorize appropriations for the reserve component military
construction projects authorized for construction for fiscal
year 2021 in this Act. The state list contained in this
report is the binding list of the specific projects
authorized at each location.
The Senate amendment contained a similar provision (sec.
2606).
The House recedes.
Modification of authority to carry out fiscal year 2020
project in Alabama (sec. 2607)
The House bill contained a provision (sec. 2607) that would
modify the authority provided by section 2601 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92) and authorize the Secretary of the Army to make
certain modifications to the scope and authorized cost of a
previously authorized construction project.
The Senate amendment contained a similar provision (sec.
2607).
The House recedes.

Title XXVII--Base Realignment and Closure Activities

Summary
The budget request contained $300,447,000 for activities
related to Base Realignment and Closure (BRAC) activities in
fiscal year 2021. The conference agreement includes
authorization of appropriations of $300,447,000 for BRAC
activities in fiscal year 2021.
Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account (sec. 2701)
The House bill contained a provision (sec. 2701) that would
authorize appropriations for fiscal year 2021 for ongoing
activities that are required to implement the decisions of
the 1988, 1991, 1993, 1995, and 2005 base realignment and
closure rounds.
The Senate amendment contained an identical provision (sec.
2701).
The conference agreement includes this provision.
Prohibition on conducting additional base realignment and
closure (BRAC) round (sec. 2702)
The Senate amendment contained a provision (sec. 2702) that
would prohibit The Department of Defense from conducting
another base realignment and closure (BRAC) round.
The House bill contained no similar provision.
The House recedes.
Plan to finish remediation activities conducted by The
Secretary of The Army in Umatilla, Oregon (sec. 2703)
The Senate amendment contained a provision (sec. 2703) that
would require the Secretary of the Army to submit to
Congress, not later than 90 days after the date of enactment
of this Act, a plan to finish remediation activities
conducted by The Secretary in Umatilla, Oregon, by not later
than 3 years after such date of enactment.
The House bill contained no similar provision.
The House recedes.

Title XXVIII--Military Construction General Provisions

Subtitle A--Military Construction Program Changes

Modification and clarification of construction authority in
the event of a declaration of war or national emergency
(sec. 2801)
The House bill contained a provision (sec. 2801) that would
modify and clarify the use of military construction
authorities available in the event of a declaration of war or
national emergency.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment that would
prohibit the use of military family housing funds for
emergency construction.
Extension of sunset for annual locality adjustment of dollar
thresholds applicable to unspecified minor military
construction authorities (sec. 2802)
The House bill contained a provision (sec. 2802) that would
extend the sunset date for annual locality adjustments
applicable to unspecified minor military construction
projects until fiscal year 2027.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of reporting requirements regarding certain
military construction projects and military family
housing projects, contracts, and agreements (sec. 2803)
The House bill contained a provision (sec. 2803) that would
remove the requirement to provide reports on cost increases
associated with certain military construction projects and
military family housing projects to the Comptroller General
of the United States.
The Senate amendment contained no similar provision.
The Senate recedes.
Consideration of energy security and energy resilience in
life-cycle cost for military construction (sec. 2804)
The Senate amendment contained a provision (sec. 2842) that
would require, during the consideration and evaluation of the
life-cycle designed cost of a military construction project,
consideration, as a facility requirement, of energy security
and energy resilience to ensure that the resulting facility
is capable of performing its missions in the event of a
human-caused disaster or other unplanned event.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Congressional project authorization required for military
construction projects for energy resilience, energy
security, and energy conservation (sec. 2805)
The House bill contained a provision (sec. 2805) that would
require energy resilience, energy security, and
Energy Resilience and Conservation Investment Program
projects to be line-item authorized.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
One-year extension of temporary, limited authority to use
operation and maintenance funds for construction projects
in certain areas outside the United States (sec. 2806)
The House bill contained a provision (sec. 2806) that would
extend the Contingency Construction Authority for 1 year.
The Senate amendment contained no similar provision.
The Senate recedes.
Responsibility of Navy for military construction requirements
for certain Fleet Readiness Centers (sec. 2807)
The House bill contained a provision (sec. 2864) that would
designate the Navy as the responsible military service 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.
The Senate amendment contained a similar provision (sec.
2801).

[[Page H6699]]

The Senate recedes.

Subtitle B--Military Family Housing Reforms

Modifications and technical corrections related to military
housing privatization reform (sec. 2811)
The Senate amendment contained a provision (sec. 2822) that
would provide technical corrections to specific sections of
title 30 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Repeal of authority to lease substandard family housing units
to members of the uniformed services (sec. 2812)
The Senate amendment contained a provision (sec. 2821) that
would strike the existing language contained in section 2830
of title 10, United States Code, which allows the Secretaries
of the military departments to maintain substandard military
family housing, and replace it with a prohibition of the
Secretaries' leasing any substandard family housing unit.
The House bill contained no similar provision.
The House recedes with a technical amendment that would
strike the underlying provision and instead repeal section
2830 of title 10, United States Code.
Expenditure priorities in using Department of Defense Family
Housing Improvement Fund (sec. 2813)
The House bill contained a provision (sec. 2811) that would
amend section 2883 of title 10, United States Code, by
increasing the priority of funding to Military Housing
Privatization Initiative recapitalization accounts and
ensuring that private partners are not paid first when they
mismanage projects at the expense of the reinvestment
accounts.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Availability of information regarding assessment of
performance metrics for contracts for provision or
management of privatized military housing (sec. 2814)
The House bill contained a provision (sec. 2819) that would
amend section 2891c(b)(1) of title 10, United States Code, by
requiring the inclusion of assessment of performance metrics
in the annual publication on use of incentive fees for
privatized military housing projects.
The Senate amendment contained a similar provision (sec.
7821).
The House recedes with a technical amendment.
Requirement that Secretary of Defense implement
recommendations relating to military family housing
contained in report by Inspector General of Department of
Defense (sec. 2815)
The Senate amendment contained a provision (sec. 2823) that
would require the Department of Defense (DOD) to implement,
not later than 90 days after the date of enactment of this
Act, the recommendations of the Inspector General of the
Department of Defense contained in the report of the
Inspector General, dated April 30, 2020, and titled
``Evaluation of the DOD's Management of Health and Safety
Hazards in Government-Owned and Government-Controlled
Military Family Housing.''
The House bill contained no similar provision.
The House recedes.
Promulgation of guidance to facilitate return of military
families displaced from privatized military housing (sec.
2816)
The House bill contained a provision (sec. 2812) that would
require the Secretary of Defense to promulgate guidance for
facilitating and managing the return of tenants of privatized
military family housing who have been displaced from their
homes.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Promulgation of guidance on relocation of residents of
military housing impacted by presence of mold (sec. 2817)
The House bill contained a provision (sec. 2813) that would
require the Secretary of Defense to establish a working group
composed of the Surgeons General of the Armed Forces to
develop guidance on best practices for mold mitigation in
privatized military family housing.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
section 3053 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) to require the
promulgation of guidance specifically on mold mitigation in
emergency situations.
Expansion of uniform code of basic standards for privatized
military housing and hazard and habitability inspection
and assessment requirements to Government-owned and
Government-controlled military family housing (sec. 2818)
The House bill contained a provision (sec. 2814) that would
require the Secretary of Defense to apply the uniform code of
basic housing standards for safety, comfort, and habitability
for privatized military housing to Government-owned and
Government-controlled military family housing.
The Senate amendment contained no similar provision.
The Senate recedes.

Subtitle C--Real Property and Facilities Administration

Acceptance of property by military service academies,
professional military education schools, and military
museums subject to naming-rights condition (sec. 2821)
The House bill contained a provision (sec. 1743) that would
authorize the Secretaries concerned to display, at a military
museum, recognition for an individual or organization that
contributes money to a nonprofit entity for the benefit of a
military museum, whether or not the contribution is subject
to the condition that recognition be provided. In addition,
this section would authorize museum foundations to lease a
museum facility to provide for use in generating revenue for
activities of the museum facility.
The Senate amendment contained a similar provision (sec.
2884).
The Senate recedes with a technical amendment.
Codification of reporting requirements regarding United
States overseas military enduring locations and
contingency locations (sec. 2822)
The House bill contained a provision (sec. 2821) that would
amend section 2687a of title 10, United States Code, to
update an annual reporting requirement regarding the overseas
basing and posture of the United States Armed Forces.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
Promotion of energy resilience and energy security in
privatized utility systems (sec. 2823)
The House bill contained a provision (sec. 2822) that would
amend section 2688 of title 10, United States Code, to limit
renewal of utility privatization contracts to the last 5
years of the existing contract term. It also contained a
provision (sec. 2825) that would amend section 2914 of title
10, United States Code, to clarify that Energy Resilience and
Conservation Investment Program (ERCIP) funding may be used
at military installations with privatized utilities.
The Senate amendment contained a provision (sec. 2841) that
would allow ERCIP projects to be executed on installations
with utilities privatization (UP).
The House recedes with a technical amendment.
The conferees note that the Department of Defense and many
military installations have already leveraged or plan to
leverage UP to achieve cost savings and benefit from
commercial best practices. However, because ERCIP is military
construction, currently it can only occur in conjunction with
utility systems owned solely by the Department of Defense. In
order to remove this obstacle and ensure that the Department
can improve energy security on all of its installations, this
provision would authorize the Department to pair ERCIP and
UP.
The conferees further note that Energy Savings Performance
Contracts (ESPCs) are an essential tool to enable the
Department to meet its energy savings objectives. While this
section will enable the use of ERCIP funding in conjunction
with ESPCs, the conferees remind the Department that section
8287 of title 42, United States Code, authorizes Federal
agencies to enter into ESPCs solely for the purpose of
achieving energy savings and benefits ancillary to that
purpose. Nothing in this section is intended to change the
statutory purpose of ESPCs.
Vesting exercise of discretion with Secretaries of the
military departments regarding entering into longer-term
contracts for utility services (sec. 2824)
The House bill contained a provision (sec. 2823) that would
modify section 2688 of title 10, United States Code, to allow
military departments to enter into utilities privatization
contracts under certain circumstances.
The Senate amendment contained no similar provision.
The Senate recedes.
Use of on-site energy production to promote military
installation energy resilience and energy security (sec.
2825)
The House bill contained a provision (sec. 2824) that would
require the Secretary of Defense to carry out at least four
energy projects for the purpose of promoting certain energy
resilience and energy security goals.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Improved electrical metering of Department of Defense
infrastructure supporting critical missions (sec. 2826)
The House bill contained a provision (sec. 2828) that would
require the Department of Defense to improve its electrical
metering of infrastructure supporting critical missions.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Improving water management and security on military
installations (sec. 2827)
The House bill contained a provision (sec. 2826) that would
require installations in the most water constrained
environments to conduct water security assessments and to
consider water scarcity in their grounds-keeping.
The Senate amendment contained no similar provision.

[[Page H6700]]

The Senate recedes.
Prohibition relating to closure or return to host nation of
existing military installations, infrastructure, or real
property in Europe (sec. 2828)
The Senate amendment contained a provision (sec. 2883) that
would prohibit any funds authorized to be appropriated by
this Act for fiscal year 2021 for the Department of Defense
to be obligated or expended to implement any activity that
closes or returns to the host nation any existing base under
the European Infrastructure Consolidation Initiative.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.

Subtitle D--Land Conveyances

Land conveyance, Camp Navajo, Arizona (sec. 2831)
The House bill contained a provision (sec. 2831) that would
authorize the Secretary of the Army to convey not more than
3,000 acres at Camp Navajo, Arizona, to the State of Arizona
Department of Emergency and Military Affairs.
The Senate amendment contained a similar provision (sec.
2864).
The Senate recedes.
Modification of land exchange involving Naval Industrial
Reserve Ordnance Plant, Sunnyvale, California (sec. 2832)
The House bill contained a provision (sec. 2832) that would
modify section 2841(a) of the Military Construction
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Sharpe Army Depot, Lathrop, California (sec.
2833)
The House bill contained a provision (sec. 2833) that would
authorize the Secretary of the Army to convey 525 acres at
Sharpe Army Depot to the Port of Stockton, California.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Land exchange, San Bernardino County, California (sec. 2834)
The House bill contained a provision (sec. 2834) that would
authorize a land exchange between the County of San
Bernardino, California and the Department of Agriculture.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Land conveyance, Over-the-Horizon Backscatter Radar System
receiving station, Modoc County, California (sec. 2835)
The House bill contained a provision (sec. 2835) that would
authorize the Secretary of Agriculture to convey 927 acres in
Modoc National Forest containing an obsolete Over-the-Horizon
Backscatter Radar System receiving station to Modoc County,
California.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Transfer of administrative jurisdiction, Naval Support
Activity Panama City, Florida, parcel (sec. 2836)
The House bill contained a provision (sec. 2836) that would
transfer a parcel of inholdings within the boundary of Naval
Support Activity Panama City, Florida, from the Department of
Interior to the Department of the Navy.
The Senate amendment contained a similar provision (sec.
2863).
The Senate recedes.
Lease extension, Bryan Multi-Sports Complex, Wayne County,
North Carolina (sec. 2837)
The Senate amendment contained a provision (sec. 7862) that
would allow the Secretary of the Air Force to extend to the
City of Goldsboro the existing lease of the approximately 62-
acre Bryan Multi-Sports Complex located in Wayne County,
North Carolina, for the purpose of operating a sports and
recreation facility for the benefit of both the Air Force and
the community.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Land conveyances, Milan Army Ammunition Plant, Tennessee
(sec. 2838)
The House bill contained a provision (sec. 2837) that
would authorize the Secretary of the Army to convey to the
City of Milan, Tennessee, all right, title, and interest of
the United States in and to parcels of real property,
including any improvements thereon, at Milan Army Ammunition
Plant, Tennessee, consisting of approximately 292 acres.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would
additionally authorize the Secretary to convey, without
consideration, to the University of Tennessee, all right,
title, and interest of the United States in and to parcels of
real property, including any improvements thereon, consisting
of approximately 900 acres.

Subtitle E--Military Land Withdrawals

Renewal of land withdrawal and reservation to benefit Naval
Air Facility, El Centro, California (sec. 2841)
The House bill contained a provision (sec. 2841) that would
renew the land withdrawal and reservation for the benefit of
Naval Air Facility El Centro, California, for a period of 25
years.
The Senate amendment contained no similar provision.
The Senate recedes.
Renewal of Fallon Range Training Complex land withdrawal and
reservation (sec. 2842)
The House bill contained a provision (sec. 2842) that would
renew the existing land withdrawal and reservation for the
Fallon Range Training Complex (FRTC) for a period of 25
years.
The Senate amendment contained a similar provision (sec.
2861).
The Senate recedes.
The conferees note this renewal maintains the status quo of
the FRTC. However, the conferees also note that with the
increasing deployment of 5th generation fighters, finding a
way to expand the Fallon Range Training Complex, in a manner
that is responsive to the needs of all stakeholders is
essential for the Nation's tactical aviation readiness and
improved ground forces training. The conferees direct the
Department of the Navy to continue to work with the
committees of jurisdiction, the Nevada congressional
delegation, State, and Tribal stakeholders to secure a
mutually-agreed upon expansion at FRTC.
Renewal of Nevada Test and Training Range land withdrawal and
reservation (sec. 2843)
The House bill contained a provision (sec. 2843) that would
renew the existing Nevada Testing and Training Range (NTTR)
land withdrawal and reservation for a period of 25 years.
The Senate amendment contained a similar provision (sec.
2862).
The Senate recedes.
The conferees note this renewal maintains the status quo of
the NTTR. However, the conferees also note that with the
increasing deployment of 5th generation fighters, finding a
way to expand the NTTR, in a manner that is responsive to the
needs of all stakeholders, is essential for the Nation's
tactical aviation readiness and improved ground forces
training. The conferees direct the Department of the Air
Force to continue to work with the committees of
jurisdiction, the Nevada congressional delegation, State, and
Tribal stakeholders to secure a mutually-agreed upon
expansion at NTTR.
Establishment of interagency committees on joint use of
certain land withdrawn from appropriation under public
land laws (sec. 2844)
The Senate amendment contained a provision (sec. 7861) that
would establish an interagency committee and
intergovernmental executive committee on the joint use of
certain land withdrawn from appropriation under public land
laws.
The House bill contained no similar provision.
The House recedes.

Subtitle F--Asia--Pacific and Indo-Pacific Issues

Change to biennial reporting requirement for Interagency
Coordination Group of Inspectors General for Guam
Realignment (sec. 2851)
The House bill contained a provision (sec. 2851) that would
modify section 2835 of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public
Law 111-84) and reduce the reporting requirement for the
Interagency Coordination Group of Inspectors General for Guam
Realignment from an annual to a biennial report.
The Senate amendment contained no similar provision.
The Senate recedes.
Additional exception to restriction on development of public
infrastructure in connection with realignment of Marine
Corps forces in Asia-Pacific region (sec. 2852)
The House bill contained a provision (sec. 2852) that would
authorize a public infrastructure project on Guam intended to
provide a public health laboratory, as identified in the
``Economic Adjustment Committee Implementation Plan
Supporting the Preferred Alternative for the Relocation of
Marine Corps Forces to Guam.''
The Senate amendment contained no similar provision.
The Senate recedes.
Development of master plan for infrastructure to support
rotational Armed Forces in Australia (sec. 2853)
The House bill contained a provision (sec. 2853) that would
require the Secretary of Defense, in consultation with the
Commander, U.S. Indo-Pacific Command and the military
services, to submit a report to the congressional defense
committees on the infrastructure investments required to
support the United States Force Posture Initiatives and other
activities to promote regional security and stability with
Australia.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
Bulk fuel management in United States Indo-Pacific Command
Area of Responsibility (sec. 2854)
The House bill contained a provision (sec. 2854) that would
provide the sense of Congress that a single organizational
element should be responsible for bulk fuel management and
delivery throughout the United States Indo-Pacific Command
(USINDOPACOM) area of responsibility (AOR). Additionally,
this section would require a report, not later than 1 year
after the

[[Page H6701]]

date of the enactment of this Act, to the congressional
defense committees as to an assessment of current assets and
a projection of future fuel management strategies necessary
to optimally support bulk fuel management.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
The conferees believe that the ordering and delivery of
bulk fuels is organizationally bifurcated to the detriment of
the Department of Defense and that legacy bulk fuel
management will not meet the accelerated pace of operations
required to support the National Defense Strategy (NDS) and
the emphasis on disaggregated operations. Furthermore, the
number of United States flagged tanking vessels continues to
decline, which has resulted in an excessive reliance on
foreign flagged tanking vessels to be available to support
the NDS. The conferees believe that a foreign flagged tanking
vessel support strategy induces excessive risk to support
United States disaggregated operations in a highly contested
environment and that inadequacies of the legacy bulk fuel
management strategy are particularly acute in the USINDOPACOM
AOR. Finally, the conferees note that an effective fuel
management strategy will have to address the demand side as
well as addressing supply concerns.

Subtitle G--Authorized Pilot Programs

Pilot program to authorize use of cost savings realized from
intergovernmental services agreements for installation-
support services (sec. 2861)
The Senate amendment contained a provision (sec. 5331) that
would amend section 2679 of title 10, United States Code, by
inserting a new subsection regarding the use of cost savings
realized from intergovernmental services agreements for
installation-support services.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Department of Defense pilot program to evaluate expansion of
land exchange authority (sec. 2862)
The House bill contained a provision (sec. 2804) that would
allow consideration of installation support services in the
calculation of fair market value in certain Department of
Defense land exchanges.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Pilot program to support combatant command military
construction priorities (sec. 2863)
The House bill contained a provision (sec. 2807) that would
require the Secretary of Defense to conduct a pilot program
that would evaluate the usefulness of allocating 10 percent
of military department military construction funds to satisfy
combatant command military construction requirements.
The Senate amendment contained no similar provision.
The Senate recedes.
Pilot program to test use of emergency diesel generators in a
microgrid configuration at certain military installations
(sec. 2864)
The House bill contained a provision (sec. 2827) that would
allow the Secretary of Defense to create an emergency diesel
generator microgrid pilot program to test assumptions about
increased efficiency, resiliency, and lowered cost and
emissions.
The Senate amendment contained no similar provision.
The Senate recedes.
Pilot program to authorize additional military construction
projects for child development centers at military
installations (sec. 2865)
The Senate amendment contained a provision (sec. 7801) that
would amend section 2809(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) to
modify the authority for military construction projects for
child development centers at military installations.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Department of the Army pilot program for development and use
of online real estate inventory tool (sec. 2866)
The House bill contained a provision (sec. 1767) that would
require the Secretary of the Army, in consultation with the
Administrator of the General Services Administration and
Assistant Secretary of Defense for Sustainment, to establish
a pilot program for developing an online real estate tool of
existing inventory of space available at Army installations.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.

Subtitle H--Miscellaneous Studies and Reports

Reports regarding decision-making process used to locate or
relocate major headquarters and certain military units
and weapon systems (sec. 2871)
The House bill contained a provision (sec. 1048) that
would require the Secretary of the Air Force to modify Air
Force Instruction 10-503 to include comparative analyses of
community support, joint training, and all-domain training
capabilities as part of the strategic basing process for an
aircraft.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment that would
require each military department to submit a one-time report
outlining its respective strategic basing process and an
annual report for upcoming basing decisions.
Report on effect of noise restrictions on military
installations and operations and development and
implementation of noise mitigation measures (sec. 2872)
The Senate amendment contained a provision (sec. 2886)
that would require the Secretary of the Air Force or the
Secretary of the Navy to report to the Congress if: (1) Noise
restrictions placed on the relevant operational aviation unit
affect readiness and combat capability by prohibiting the
unit from achieving combat readiness status or maintaining
aircrew currency; or (2) If required noise mitigation
measures become cost prohibitive to the Department of
Defense, namely, by exceeding 10 percent of an installation's
annual budget.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Study and report regarding continued need for protected
aircraft shelters in Europe and status of United States
air base resiliency in Europe (sec. 2873)
The Senate amendment contained a provision (sec. 2882)
that would require no funds authorized to be appropriated by
this Act or any other Act for the Department of Defense to be
obligated or expended to implement any activity that would
reduce air base resiliency or demolish protected aircraft
shelters in the European theater, and would prohibit the
Department from implementing any such activity, without
creating a similar protection from attack in the European
theater until such time as the Secretary of Defense certifies
to the congressional defense committees that protected
aircraft shelters are not required in the European theater.
The House bill contained no similar provision.
The House recedes with an amendment that would require a
study on the need for protection from attack on air bases in
Europe and the capability required to achieve adequate
protection. Additionally, the amendment would prohibit the
demolition of protected aircraft shelters or any reductions
in air base resiliency until the completion of the study.

Subtitle I--Other Matters

Military construction infrastructure and weapon system
synchronization for Ground Based Strategic Deterrent
(sec. 2881)
The House bill contained a provision (sec. 2404) that
would provide for effective oversight of the military
construction associated with the Ground Based Strategic
Deterrent Program.
The Senate amendment contained similar provisions (secs.
2802 and 7802) that would authorize the Secretary of the Air
Force to carry out military construction projects to convert
Minuteman III launch facilities and launch centers to ground-
based strategic deterrent (GBSD) configurations under certain
conditions.
The Senate recedes with a technical amendment.
The conferees note the importance of managing the proposed
transformation from Minuteman III to GBSD under existing
military construction (MILCON) laws in order to maintain the
right balance of flexibility and congressional oversight. The
conferees note that this provision would allow the MILCON
projects to be requested with each missile base as a single
integrated project. Additionally, the conferees encourage the
Air Force, when including these MILCON projects in the budget
request, to group GBSD-related MILCON projects at no higher
than a squadron level to facilitate appropriate oversight of
the program.
Defense Community Infrastructure Program (sec. 2882)
The House bill contained a provision (sec. 2861) that
would amend section 2391 of title 10, United States Code, to
clarify requirements of the Defense Community Infrastructure
Program.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Consideration of certain military family readiness issues in
making basing decisions associated with certain military
units and major headquarters (sec. 2883)
The Senate amendment contained a provision (sec. 2881)
that would require the Secretaries of the military
departments to factor military family readiness
considerations, among other relevant factors, in future
basing decisions. Additionally, the provision would require
each of the Secretaries of the military departments to
establish, for each of the military installations under his
or her jurisdiction, a basing decision scorecard that
incorporates the military family readiness considerations
listed in this provision, among other factors the Secretary
deems relevant.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Secretaries of the military departments to take certain
military family readiness considerations into account, among
other relevant factors, when

[[Page H6702]]

determining whether to proceed with any basing decision
associated with a covered military unit or major headquarters
within the United States. Each of the Secretaries of the
military departments would be required to establish, for each
of the military installations under their jurisdiction, a
basing decision scorecard that incorporates the military
family readiness considerations.
The conferees support the efforts of the Secretaries of
the military departments to address retention and family
readiness issues through the consideration of family
readiness criteria as part of a broader strategic basing
process. However, the conferees note that considerations
related to quality of public education are fraught with
complexity and the potential for unintended consequences.
Accordingly, the conferees direct the Secretaries of the
military departments to provide a briefing to the Committees
on Armed Services for the Senate and the House of
Representatives and the Committee on Education and Labor for
the House of Representatives and Committee on Health,
Education, Labor, and Pensions of the Senate not later than
March 1, 2021. The briefing shall include at a minimum the
following: (1) Data on per pupil expenditures as reported
under the Elementary and Secondary Education Act of 1965
(Public Law 89-10) and available information on the impact of
the loss of tax base caused by the presence of the military
installation on such expenditures; (2) The methods for
assessing academic performance, including academic
performance of subgroups of students as defined under section
1111(h)(1)(C)(ii) of the Elementary and Secondary Education
Act of 1965; (3) The operative definition and method of
assessment of ``social climate;'' (4) The method for
assessing the availability of specialized instructional
support personnel, mental health services, and other student
support programs; (5) The extent to which the military
department is using data reported under section 1111(h) of
the Elementary and Secondary Education Act of 1965 as part of
their evaluation; (6) The availability of Head Start, Pre-
Kindergarten, and high-quality and affordable childcare for
children age birth to 5, including Department of Defense
childcare and activities; (7) How the military departments
are considering and weighing decisions made at the State
level that impact local communities in their assessment of
public schools; and (8) Measures to ensure transparency and
uniformity in the application of the criteria to the
strategic basing process.
Department of Defense policy for regulation in military
communities of dangerous dogs kept as pets (sec. 2884)
The House bill contained a provision (sec. 2863) that
would require the Secretary of Defense, through the
Veterinary Service Activity of the Department of Defense, to
develop a standardized policy regarding the regulation of
dangerous dogs for all military communities.
The Senate amendment contained a similar provision (sec.
1050).
The House recedes with an amendment that would require the
Secretary of Defense to establish a uniform policy for the
regulation of dangerous dogs kept as pets in military
communities.

LEGISLATIVE PROVISIONS NOT ADOPTED

Biannual report regarding military installations supported
by disaster relief appropriations
The House bill contained a provision (sec. 2808) that
would require biannual reports by the Secretary of the Air
Force and the Secretary of the Navy about disaster relief
progress at certain locations.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Air Force and
the Secretary of the Navy to submit a report regarding the
obligation and expenditure at military installations under
the jurisdiction of the Secretary concerned of appropriations
made available to the Secretary concerned in title V of the
Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2020 (Division F of Public
Law 116-94) to the congressional defense committees
biannually. Each report shall include for the period
covered by the report the following elements: (1) The
timeline for award of contracts for each military
construction project to be funded with appropriations
previously referenced; (2) The status, including
obligations and expenditures, of each contract already
awarded for such military construction projects; (3) An
assessment of the contracting capacity of the communities
in the vicinity of such military installations to support
such contracts; and (4) The expectations that such local
communities will be required to address.
The information in each report specific to a particular
military installation shall be made available online using a
public forum commonly used in the locality in which the
installation is located. The Secretary of the Air Force and
the Secretary of the Navy may terminate the reporting
requirement applicable to the Secretary concerned effective
on the date on which the Secretary concerned certifies to the
congressional defense committees that at least 90 percent of
the appropriations previously referred to and made available
to the Secretary concerned have been expended.
Establishment of Exceptional Family Member Program housing
liaison
The House bill contained a provision (sec. 2815) that
would require each military department to appoint at least
one Exceptional Family Member Program housing liaison.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Exceptional Family Member
housing liaison is reflected in a provision located in title
V of this Act.
Department of Defense report on criteria and metrics used to
evaluate performance of landlords of privatized military
housing that receive incentive fees
The House bill contained a provision (sec. 2816) that
would require the Department of Defense to submit a report on
the criteria and metrics it is using to assess landlord
performance in privatized military family housing.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the criteria and metrics used
to evaluate performance of landlords of privatized military
housing that receive incentive fees not later than March 1,
2021. Broken out by service, the report shall:
(1) Describe the criteria and metrics currently used by
the Department of Defense to analyze the performance of
landlords that receive incentive fees;
(2) Evaluate the effectiveness of such criteria and
metrics in accurately judging the performance of such
landlords; and
(3) Contain such recommendations as the Secretary
considers appropriate to revise such criteria and metrics to
better evaluate the performance of such landlords.
The Secretary shall solicit the views of the Secretaries
of the military departments to prepare the report. The terms
``incentive fees'' and ``landlord'' have the meanings given
those terms in paragraphs (9) and (10) of section 2871 of
title 10, United States Code.
Report on Department of Defense efforts regarding oversight
and role in management of privatized military housing
The House bill contained a provision (sec. 2817) that
would require the Secretary of Defense to submit a report
within 180 days of the date of the enactment of this Act on
its progress in implementing the recommendations contained in
the Comptroller General's report GAO-20-281 dated March 2020.
The Senate amendment contained no similar provision.
The House recedes.
Improved Department of Defense and landlord response to
identification and remediation of severe environmental
health hazards in military housing
The House bill contained a provision (sec. 2818) that
would require the Secretary of Defense to issue guidance
regarding hazard assessments to improve Department of Defense
and landlord identification and resolution of severe
environmental health hazards in housing under the
jurisdiction of the Department of Defense (including
privatized military housing), among other things.
The Senate amendment contained no similar provision.
The House recedes.
The conferees encourage the ongoing work for improving
emergency testing, lead encapsulation, and testing when
deemed appropriate by a medical professional. The conferees
are discouraged that Congress continues to hear from
concerned military families who feel their concerns are not
being heard. Finally, the conferees note that if the military
services and private contractors continue to fail these
families, additional legislation and hearings will be
warranted.
Additional requirements regarding Nevada Test and Training
Range
The House bill contained a provision (sec. 2844) that
would require the Secretary of the Interior and the Secretary
of the Air Force to co-manage the Nevada Test and Training
Range lands and enter into a memorandum of understanding
setting out proper management of natural and cultural
resources, consultation, and access requirements for affected
Indian Tribes and refuge management personnel, and a dispute
resolution process.
The Senate amendment contained no similar provision.
The House recedes.
Specified duration of White Sands Missile Range land
withdrawal and reservation and establishment of special
reservation area for northern and western extension areas
The House bill contained a provision (sec. 2845) that
would renew the land and airspace withdrawals for White Sands
Missile Range and its call-up areas for a period of 25 years
as well as make technical changes to the airspace withdrawal.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the existing permanent withdrawal
concerning White Sands Missile Range remains in place.
Grand Canyon Centennial Protection Act
The House bill contained a provision (sec. 2846) that
would make permanent the 2012 mining moratorium area around
the Grand Canyon.
The Senate amendment contained no similar provision.
The House recedes.
Department of Defense report on easements and leased lands
in Hawai`i
The House bill contained a provision (sec. 2855) that
would require a report describing

[[Page H6703]]

the progress being made by the Department of Defense (DOD) to
renew DOD land leases and easements in the State of Hawai`i
not later than 180 days after the date of the enactment of
this Act.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Under Secretary of Defense for
Acquisition and Sustainment to submit a report describing the
progress being made by the Department of Defense to renew
Department of Defense land leases and easements in the State
of Hawai`i that encompass 1 acre or more and will expire
before January 1, 2030, to the congressional defense
committees not later than May 2, 2021.
The report shall include the following: (1) The location,
size, and expiration date of each lease and easement; (2)
Major milestones and expected timelines for maintaining
access to the land covered by each lease and easement; (3)
Actions completed over the preceding 2 years for each lease
and easement; (4) Department-wide and service-specific
authorities governing each lease and easement extension; (5)
A summary of coordination efforts between the Secretary of
Defense and the Secretaries of the military departments; (6)
The status of efforts to develop an inventory of military
land in Hawai`i, to include current possible future uses,
that would assist in land negotiations with the State of
Hawai`i; and (7) The risks and potential solutions to ensure
the renewability of required and critical leases and
easements.
The conferees believe that the lands throughout the State
of Hawai`i currently owned and leased by the Department of
Defense or in which the Department otherwise has a real
property interest are critical to maintaining the readiness
of the Armed Forces now stationed or to be stationed in
Hawai`i, throughout the Indo-Pacific region, and elsewhere.
The conferees note that securing long-term continued
utilization of those lands by the Armed Forces is critical to
the national defense.
Pilot program on reduction of effects of military aviation
noise on certain covered property
The House bill contained a provision (sec. 2862) that
would require the Secretary of Defense to carry out a 5-year
pilot program under which the commander of a military
installation may provide funds for the purpose of installing
noise insulation on covered property impacted by military
aviation noise from aircraft utilizing the installation.
The Senate amendment contained a similar provision.
The House recedes.
The conferees note with the greater deployment of fifth
generation tactical aircraft, the issue of military aviation
noise in our communities will continue. The conferees
encourage the Department of Defense and the military
departments to look for ways to work with communities to
proactively address their concerns about noise.
Equal treatment of insured depository institutions and
credit unions operating on military installations
The Senate amendment contained a provision (sec. 2885)
that would amend section 2667 of title 10, United States
Code, to require the Department of Defense to ensure that
policies governing depository institutions and credit unions
operating on military installations are equally applied to
all relevant institutions. Additionally, the provision would
prohibit any requirement for Secretaries of the military
departments to provide no-cost office space or no-cost land
lease to any insured depository institution or insured credit
union.
The House bill contained no similar provision.
The Senate recedes.
Thad Cochran Headquarters building
The Senate amendment contained a provision (sec. 6089)
that would designate the headquarters building of the
Engineer Research and Development Center of the Corps of
Engineers as the ``Thad Cochran Headquarters Building.''
The House bill contained no similar provision.
The Senate recedes.
Sense of Congress on relocation of Joint Spectrum Center
The Senate amendment contained a provision (sec. 7881)
that would establish a sense of Congress to recommend that
the Director of the Defense Information Systems Agency begin
the process for relocating the Joint Spectrum Center of the
Department of Defense to the allocated building at Fort
Meade, Maryland.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to provide a
briefing on the relocation options of the Joint Spectrum
Center no later than March 1, 2021. The brief should include
any previously recorded Department decisions made on the
relocation and the costs associated with maintaining the
existing location as well as any additional location options
the Department deems appropriate. If the Department believes
that one course of action should be recommended, the brief
should include an implementation plan for that recommendation
along with the associated costs.

Title XXIX--Overseas Contingency Operations Military Construction

Summary
The budget request contained $349,762,000 for Overseas
Contingency Operations military construction for fiscal year
2021. The conference agreement includes authorization of
appropriations of $349,762,000 for Overseas Contingency
Operations military construction for fiscal year 2021.
Authorized Navy construction and land acquisition projects
(sec. 2901)
The House bill contained a provision (sec. 2901) that
would authorize Navy military construction projects for
fiscal year 2021 for overseas contingency operations. The
authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained an identical provision
(sec. 2901).
The conference agreement includes this provision.
Authorized Air Force construction and land acquisition
projects (sec. 2902)
The House bill contained a provision (sec. 2902) that
would authorize Air Force military construction projects for
fiscal year 2021 for overseas contingency operations. The
authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained an identical provision
(sec. 2902).
The conference agreement includes this provision.
Authorization of appropriations (sec. 2903)
The House bill contained a provision (sec. 2903) that
would authorize defense agencies' military construction
projects for fiscal year 2021 for overseas contingency
operations. The authorized amounts are listed on an
installation-by-installation basis.
The Senate amendment contained an identical provision
(sec. 2903).
The conference agreement includes this provision.

LEGISLATIVE PROVISIONS NOT ADOPTED

Replenishment of certain military constructions funds
The Senate amendment contained a provision (sec. 2904)
that would replenish certain military construction projects
that are currently in a deferred status.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that with the exception of one project,
all authorizations for deferred projects remain valid through
fiscal year 2021. The conferees further note that the
authorization for the one Defense Logistics Agency project in
Klamath Falls, Oregon that was to expire in fiscal year 2021
is extended in title 24 of this Act.

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

National Nuclear Security Administration (sec. 3101)
The House bill contained a provision (sec. 3101) that
would authorize appropriations for the National Nuclear
Security Administration for fiscal year 2021.
The Senate amendment contained a similar provision (sec.
3101).
The House recedes.
Defense environmental cleanup (sec. 3102)
The House bill contained a provision (sec. 3102) that
would authorize appropriations for defense environmental
cleanup activities, including the authorization of new plant
project 21-D-401 in Carlsbad, New Mexico.
The Senate amendment contained an identical provision
(sec. 3102).
The conference agreement includes this provision.
The conferees direct the Government Accountability Office
to continue its monitoring of the operations at the Waste
Isolation Plant with respect to its operational status and
the construction of the replacement shaft, project 21-D-401,
and to brief the congressional defense committees at a time
that is mutually agreeable, no later than March 31, 2021,
with a final report due no later than September 31, 2021.
Other defense activities (sec. 3103)
The House bill contained a provision (sec. 3103) that
would authorize appropriations for the Department of Energy
for other defense activities.
The Senate amendment contained an identical provision
(sec. 3103).
The conference agreement includes this provision.
Nuclear energy (sec. 3104)
The House bill contained a provision (sec. 3104) that
would authorize appropriations for nuclear energy.
The Senate amendment contained an identical provision
(sec. 3104).
The conference agreement includes this provision.

Subtitle B--Nuclear Weapons Stockpile Matters

W93 nuclear warhead acquisition processes (sec. 3111)
The House bill contained a provision (sec. 3111) that
would express the sense of Congress in support of the
existing Stockpile Stewardship Program and maintaining the
global moratorium on nuclear explosive testing. The provision
would also include peer review and production facility review
in various stages of the warhead design and production
process and sets out detailed reporting, cost estimate, and
certification requirements for said process. The provision
would

[[Page H6704]]

provide for the waiving of said requirements during a period
of war as declared by the Congress. The provision would also
include Phases 1 through 5 of the warhead lifecycle in
existing requirements regarding acquisition reports and
independent cost estimates.
The Senate amendment contained a similar provision (sec.
3157) that would also include Phases 1 through 5 of the
warhead lifecycle in existing requirements regarding selected
acquisition reports and independent cost estimates.
The Senate recedes with an amendment that would strike the
sense of Congress and, among other alterations, specify the
review, reporting, cost estimate, and certification
requirements for the W93 program, and update the requirement
to provide selected acquisition reports and independent cost
estimates for new nuclear weapon system programs as well as
nuclear weapon life extension programs at multiple phases of
said programs.
To the extent possible given cost and time constraints,
the conferees urge the Administrator for Nuclear Security to
leverage the use of peer review best practices, including
consideration of a design competition between the nuclear
weapons design laboratories, in development of the W93
warhead. The conferees further urge the Administrator to
ensure the nuclear weapons production facilities are involved
early and often during the design and engineering process of
the W93 warhead program, including in Phase 1, in order to
ensure production considerations appropriately inform W93
development.
The conferees direct the Deputy Administrator for Defense
Programs and the Director for Cost Estimating and Program
Evaluation of the National Nuclear Security Administration,
in consultation with the Nuclear Weapons Council, to provide
the congressional defense committees a briefing, within 60
days of the enactment of this Act, on recommendations to
strengthen governance, program execution, and program
management controls with respect to the joint nuclear weapons
life cycle process (as defined in section 4220 of the Atomic
Energy Defense Act (50 U.S.C. 2538b).
The conferees also direct the Deputy Administrator for
Defense Programs for the National Nuclear Security
Administration to provide the congressional defense
committees a briefing on the National Nuclear Security
Administration's implementation of the Non-nuclear Component
Independent Review Team, including such activities undertaken
by applicable laboratories and production facilities within
the Administration's purview. This briefing should be
provided no later than March 31, 2021.
Earned value management and technology readiness levels for
life extension programs (sec. 3112)
The Senate amendment contained a provision (sec. 3164)
that would require the Administrator of the National Nuclear
Security Administration to establish an earned value
management program for life extension programs.
The House bill contained no similar provision.
The House recedes with an amendment that would move
responsibility for review and surveillance of earned value
management systems to an independent entity, strike the
requirement for cost estimate reconciliation with the
Director of Cost Estimating and Program Evaluation, and
exempt certain existing weapons acquisition and life
extension programs from coverage under this provision.
Monitoring of industrial base for nuclear weapons
components, subsystems, and materials (sec. 3113)
The Senate amendment contained a provision (sec. 3153)
that would require the designation of a senior official
within the National Nuclear Security Administration (NNSA) to
monitor the nuclear weapons industrial base and the adequate
resourcing of the designated official with respect to the
monitoring mission. The provision would also require, to the
extent practicable and beneficial, the designated official to
consult with various Department of Defense and Department of
Energy counterparts in the course of such monitoring.
Finally, the provision would require the Administrator of the
NNSA to provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives on
the designation of a responsible official and, once
designated, the monitoring activities of said official on an
annual basis.
The House bill contained no similar provision.
The House recedes.
Plutonium pit production (sec. 3114)
The House bill contained a provision (sec. 3115) that
would require the Secretary of Energy to conduct an
independent cost estimate of the Savannah River Plutonium
Processing Facility and to provide the cost estimate, along
with the confidence level of the estimators that the project
can be completed within estimated schedule and cost
objectives, to the congressional defense committees. If the
confidence level is lower than 90 percent, the Secretary of
Energy would be required to submit to the congressional
defense committees either a certification, without
delegation, that the Secretary independently has sufficient
confidence in the project, or a plan to achieve such
confidence. In the event of the independent cost estimate
achieving a confidence level of less than 90 percent, the
commander of United States Strategic Command (STRATCOM) would
also be required to certify to the congressional defense
committees whether or not requirements relating to plutonium
pit production may be extended by 5 years without posing a
grave threat to the national security of the United States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend the
applicability of the provision to plutonium production
efforts at Los Alamos National Laboratory, establish
timelines for the completion and transmission of certain
reports and certifications required by the provision, and
alter the criteria under which the Secretary and the
commander of STRATCOM would be required to provide certain
certifications.

Subtitle C--Defense Environmental Cleanup Matters

Public statement of environmental liabilities for facilities
undergoing defense environmental cleanup (sec. 3121)
The Senate amendment contained a provision (sec. 3141)
that would require the Secretary of Energy to annually make
public a statement of environmental liabilities for each
defense nuclear facility currently undergoing environmental
cleanup activities.
The House bill contained no similar provision.
The House recedes.
Inclusion of missed milestones in future-years defense
environmental cleanup plan (sec. 3122)
The Senate amendment contained a provision (sec. 3142)
that would require the future-years defense environmental
cleanup plan to include, for each site, details about any
missed milestones in cleanup and remediation agreements.
The House bill contained no similar provision.
The House recedes.
Classification of defense environmental cleanup as capital
asset projects or operations activities (sec. 3123)
The Senate amendment contained a provision (sec. 3143)
that would require the Assistant Secretary of Energy for
Environmental Management (EM) to establish a requirement for
the classification of defense EM projects as capital asset
projects or operations activities. The provision would also
require the Assistant Secretary to submit a report to the
congressional defense committees no later than March 1, 2021,
on the established requirement along with an assessment of
whether any ongoing projects should be reclassified.
The House bill contained no similar provision.
The House recedes.
Extension of limitation relating to reclassification of
high-level waste (sec. 3124)
The House bill contained a provision (sec. 3113) that
would extend by 1 year the prohibition on the
reclassification of high-level waste in the state of
Washington by the Department of Energy.
The Senate amendment contained no similar provision.
The Senate recedes.
Continued analysis of approaches for supplemental treatment
of low-activity waste at Hanford Nuclear Reservation
(sec. 3125)
The Senate amendment contained a provision (sec. 3144)
that would require the Secretary of Energy to enter into a
contract with a federally funded research and development
center to conduct a follow-on study of the analysis required
by section 3134 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) on approaches to
treating low-activity waste at the Hanford Nuclear
Reservation in eastern Washington. The provision would
require the Secretary to submit this study, along with a
review conducted by the National Academy of Sciences, to the
congressional defense committees not later than 2 years after
the date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
timeline for the provision and include an additional element
for the required analysis.

Subtitle D--Safeguards and Security Matters

Reporting on penetrations of networks of contractors and
subcontractors (sec. 3131)
The Senate amendment contained a provision (sec. 3131)
that would update section 2651 of title 50, United States
Code, to establish a reporting requirement when covered
National Nuclear Security Administration contractor and
subcontractor networks are successfully penetrated by
unauthorized entities.
The House bill contained no similar provision.
The House recedes.

Subtitle E--Personnel Matters

Extension of authority for appointment of certain
scientific, engineering, and technical personnel (sec.
3141)
The Senate amendment contained a provision (sec. 3125)
that would extend for 1 year special personnel authorities
granted to the Secretary of Energy under section 4601(c) of
the Atomic Energy Defense Act (50 U.S.C. 2701(c)).
The House bill contained no similar provision.

[[Page H6705]]

The House recedes.
Inclusion of certain employees and contractors of Department
of Energy in definition of public safety officer for
purposes of certain death benefits (sec. 3142)
The Senate amendment contained a provision (sec. 3122)
that would make eligible for certain death and dismemberment
benefits the National Nuclear Security Administration's
nuclear material couriers, as well as those individuals
designated as members of an emergency response team
conducting operations.
The House bill contained no similar provision.
The House recedes.
Reimbursement for liability insurance for nuclear materials
couriers (sec. 3143)
The Senate amendment contained a provision (sec. 3123)
that would align the status of officers of the National
Nuclear Security Administration's Office of Secure
Transportation with that of other Federal law enforcement
officers for purposes of professional liability insurance.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Transportation and moving expenses for immediate family of
deceased nuclear materials couriers (sec. 3144)
The Senate amendment contained a provision (sec. 3124)
that would make eligible immediate family of officers of the
National Nuclear Security Administration's Office of Secure
Transportation for compensation for a last move home in the
case of an officer's death in the line of duty.
The House bill contained no similar provision.
The House recedes.
Permanent extension of Office of Ombudsman for Energy
Employees Occupational Illness Compensation Program (sec.
3145)
The House bill contained a provision (sec. 3122) that
would express the sense of Congress on various matters
relating to the Energy Employees Occupational Illness
Compensation Program Act (42 U.S.C. 7384 et seq.) and the
importance of the Office of the Ombudsman in the Department
of Labor for the implementation of the Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike the
sense of Congress and amend the section governing the Office
of the Ombudsman (42 U.S.C. 7385s-15) by striking the sunset
provision.
Reports on diversity of certain contractor employees of
National Nuclear Security Administration (sec. 3146)
The House bill contained a provision (sec. 3118) that
would require the Administrator of the National Nuclear
Security Administration (NNSA) to provide to the
congressional defense committees an annual report on
workforce diversity, equality, and inclusion in the NNSA's
contractor workforce. The provision would also require the
Comptroller General of the United States to review the annual
report and NNSA contractor workforce diversity. Finally, the
provision would express the sense of Congress that, in light
of increasing demands on the NNSA, the competence and
diversity of its workforce is a national security priority.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that makes technical
adjustments to the language of the provision and strikes the
sense of Congress from the provision.
The conferees note that the modernization of all legs of
the nuclear triad will be the largest undertaking asked of
the NNSA since the end of the Cold War. The NNSA has
demonstrated strong progress towards the hiring and retention
of the next generation of nuclear security workers across the
enterprise. The conferees believe that continued progress in
rebuilding and maintaining a diverse and highly qualified
workforce is essential to the national security of the United
States.
Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing (sec.
3147)
The House bill contained a provision (sec. 3120) that
would express the sense of Congress that the United States
should compensate and recognize all miners, workers,
downwinders, and others suffering from the effects of uranium
mining and nuclear testing carried out during the Cold War.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add
findings to the provision relating to the expiration of the
Radiation Exposure Compensation Act and modify the sense of
Congress to more specifically address the recognition and
compensation of affected individuals beyond the expiration of
the Act.

Subtitle F--Budget and Financial Management Matters

Reports on financial balances for atomic energy defense
activities (sec. 3151)
The House bill contained a provision (sec. 3112) that
would require the National Nuclear Security Administration to
report in the President's annual budget request, for the next
5 fiscal years, uncosted and unobligated balances by program
element and the year in which the funds were appropriated.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
required report and include several additional elements.

Subtitle G--Administrative Matters

Modifications to enhanced procurement authority to manage
supply chain risk (sec. 3161)
The Senate amendment contained a provision (sec. 3151)
that would modify the enhanced procurement authority
available to the Secretary of Energy to exclude a supplier
that may present a significant supply chain risk from
procurements of covered systems. The provision would allow
the Secretary to delegate his or her authority to the
Administrator for Nuclear Security, for procurements within
the National Nuclear Security Administration (NNSA), or to
the senior procurement executive of the Department of Energy
for procurements outside the NNSA. The provision would also
allow a determination to be made for multiple contracts at
one time.
The House bill contained no similar provision.
The House recedes.
Extension of pilot program on unavailability for overhead
costs of amounts specified for laboratory-directed
research and development (sec. 3162)
The House bill contained a provision (sec. 3114) that
would extend by 1 year a pilot program that prohibits the use
of funds made available for laboratory-directed research and
development for general and administrative overhead costs of
the laboratory.
The Senate amendment contained a similar provision (sec.
3152) that would make permanent the prohibition and extend it
to nuclear weapons production facilities.
The Senate recedes with an amendment that would extend the
pilot program by 5 years.

Subtitle H--Other Matters

Independent study on potential environmental effects of
nuclear war (sec. 3171)
The House bill contained a provision (sec. 3117) that
would require the Administrator of the National Nuclear
Security Administration to enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine to
conduct a study on the non-fallout atmospheric effects of
nuclear explosions. The study would assess the strengths and
weaknesses of existing models in the areas of fire effects,
soot generation and transport, radioactivity, and the
atmospheric transfer of gasses. The provision would require
the National Academies to submit a report on the study to the
Administrator and the congressional defense committees no
later than 18 months after the enactment of this Act. The
provision would also require the Secretary of Defense to
provide to the National Academies such information as
necessary for the conduct of the study.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the study to be conducted in consultation with the Secretary
of Defense and the Director of National Intelligence and
would require the Director to provide to the National
Academies such information as necessary for the conduct of
the study.
Review of future of computing beyond exascale at the
National Nuclear Security Administration (sec. 3172)
The Senate amendment contained a provision (sec. 3156)
that would require the Administrator of the National Nuclear
Security Administration (NNSA) to enter into an agreement
with the National Academy of Sciences to conduct a review
of the future of advanced computing at the NNSA. The
review would cover alternative computing architectures,
including quantum computing, and would require the
Administrator to ensure that the personnel of the National
Academy of Sciences receive access to necessary
information and security clearances in a timely manner.
The provision would require the National Academy to
provide to the congressional defense committees a report
on the findings of the review not later than 2 years after
the date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes.
Sense of Congress on the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian
Federation (sec. 3173)
The House bill contained a provision (sec. 1756) that
would express the sense of Congress on several matters
relating to limitations on nuclear fuel importation from the
Russian Federation. The provision would express the sense of
Congress that a reliable nuclear fuel supply is essential to
the security of the United States and that the Government of
the Russian Federation uses energy resources to exert
influence and create dependency abroad. The provision would
further express the sense of Congress on the importance of
existing limitations on the importation of nuclear fuel from
the Russian Federation and the value of extending such
limitations or taking other measures to prevent the
manipulation of nuclear fuel markets by the Russian
Federation.
The Senate amendment contained a similar provision (sec.
3167) that expressed a similar sense of Congress.
The Senate recedes with an amendment that would express
the sense of Congress that the Agreement Suspending the
Antidumping Investigation on Uranium from the

[[Page H6706]]

Russian Federation, dated September 16, 1992, as amended by
an agreement signed by the U.S. Department of Commerce and
the Russian State Atomic Energy Corporation Rosatom on
October 6, 2020, will provide certainty to the U.S. nuclear
fuel supply chain while avoiding unfair trade practices in
the importation of uranium products from Russia consistent
with national security and nonproliferation goals of the
United States.

LEGISLATIVE PROVISIONS NOT ADOPTED

Program for research and development of advanced naval
nuclear fuel system based on low-enriched uranium
The House bill contained a provision (sec. 3116) that
would require the Administrator of the National Nuclear
Security Administration (NNSA) to establish a program to
assess the viability of using low-enriched uranium for naval
reactors. The provision would detail certain requirements for
the program and require the Administrator to submit to the
congressional defense committees a report on planned actions
under the program.
The Senate amendment contained a similar provision (sec.
3154) that would prohibit the obligation or expenditure of
any fiscal year 2021 funds by the NNSA to conduct research
and development of an advanced naval nuclear fuel system
based on low-enriched uranium unless the Secretary of
Defense, the Secretary of Energy, and the Secretary of the
Navy submit certain certifications to the congressional
defense committees. The provision would also require the
Administrator of the NNSA to provide to the congressional
defense committees a report outlining activities in the area
using fiscal year 2020 funds.
The conference agreement does not include either
provision.
Findings, purpose, and apology relating to fallout emitted
during the Government's atmospheric nuclear tests
The House bill contained a provision (sec. 3119) that
would amend the Radiation Exposure Compensation Act (Public
Law 101-426) to include individuals residing in New Mexico,
Idaho, Colorado, Arizona, Utah, Texas, Wyoming, Oregon,
Washington, South Dakota, North Dakota, Nevada, Guam, and the
Northern Mariana Islands.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on use of funds for nuclear weapons test
explosions
The House bill contained a provision (sec. 3121) that
would prohibit the use of fiscal year 2021 funds appropriated
or otherwise made available by this or any other Act as of
the date of enactment to conduct or prepare for any explosive
nuclear weapons test that produces any yield.
The Senate amendment contained a provision (sec. 3166)
that would require not less than $10.0 million of the funds
authorized to be appropriated for the Stockpile
Responsiveness Program be used to carry out projects related
to reducing the time required to execute a nuclear test if
necessary.
The conference agreement does not include either
provision.
Clarification of responsibility for cybersecurity of
National Nuclear Security Administration facilities
The Senate amendment contained a provision (sec. 3132)
that would update section 2421 of title 50, United States
Code, to establish a Chief Information Officer (CIO) for the
National Nuclear Security Administration.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the National Nuclear Security
Administration recently updated the roles and
responsibilities of existing officials to better consolidate
CIO functions, and has offered to provide the committee
staffs with an update on these actions in fiscal year 2021.
Authorization of appropriations for W93 nuclear warhead
program
The Senate amendment contained a provision (sec. 3155)
that would authorize appropriations for the W93 nuclear
warhead program.
The House bill contained no similar provision.
The Senate recedes.
Integration of stockpile stewardship and nonproliferation
missions
The Senate amendment contained a provision (sec. 3159)
that would express the sense of the Senate that the expertise
and infrastructure of the national security laboratories
should continue to be applied to efforts to counter current
and emerging nuclear threats to the United States. The
provision would also direct the Secretary of Energy to ensure
the capabilities of the stockpile stewardship program are
available to assist in the assessment of proliferation
challenges, nuclear capabilities of adversaries, and related
safeguards.
The House bill contained no similar provision.
The Senate recedes.
Technology development and integration program
The Senate amendment contained a provision (sec. 3160)
that would require the Administrator for Nuclear Security to
establish a technology development and integration program to
improve the nuclear weapons stockpile's safety and security
and prevent proliferation.
The House bill contained no similar provision.
The Senate recedes.
Advanced manufacturing development program
The Senate amendment contained a provision (sec. 3161)
that would require the Administrator for Nuclear Security to
establish an advanced manufacturing development program to
ensure the safety and security of the nuclear weapons
stockpile.
The House bill contained no similar provision.
The Senate recedes.
National Nuclear Security Administration Personnel System
The Senate amendment contained a provision (sec. 3121)
that would allow the Administrator for Nuclear Security to
adapt the pay banding and performance-based pay adjustment
demonstration project carried out by the Administration under
the authority provided by section 4703 of title 5, United
States Code, into a permanent alternative personnel system
for the National Nuclear Security Administration. The
amendment would also allow the Director of the Naval Nuclear
Propulsion Program, with the concurrence of the Secretary of
the Navy, to apply said alternative personnel system to all
employees of the Naval Nuclear Propulsion Program in the
competitive service and all excepted service employees of the
Department of the Navy who are assigned to the Naval Nuclear
Propulsion Program. Finally, the amendment would require the
Administrator for Nuclear Security to brief appropriate
congressional committees on the implementation of section
3248 of the National Nuclear Security Administration Act (50
U.S.C. 2441 et seq.).
The House bill contained no similar provision.
The Senate recedes.
Materials science program
The Senate amendment contained a provision (sec. 3162)
that would require the Administrator for Nuclear Security to
establish a materials science program to develop new
materials to replace materials that are no longer available
for weapons sustainment.
The House bill contained no similar provision.
The Senate recedes.
Modifications to Inertial Confinement Fusion Ignition and
High Yield Program
The Senate amendment contained a provision (sec. 3163)
that would require the Inertial Confinement Fusion Ignition
and High Yield Program of the National Nuclear Security
Administration to provide certain capabilities required to
validate the safety and effectiveness of the nuclear
weapons stockpile. The provision would also require the
Administrator for Nuclear Security to establish a working
group to identify and implement recommendations issued by
the National Academies of Sciences, Engineering, and
Medicine as required by section 3137 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92). The provision would further require the
Administrator to submit a report to the congressional
defense committees, no later than March 31, 2021, on the
timelines for completing implementation of these
recommendations.
The House bill contained no similar provision.
The Senate recedes.
The conferees believe that the Administrator for Nuclear
Security should establish a working group to identify and
implement any recommendations issued by the National
Academies of Sciences, Engineering, and Medicine as required
by section 3137 of the National Defense Authorization Act for
Fiscal Year 2020.
The conferees direct the Administrator to provide to the
congressional defense committees a briefing on the status of
implementation of the recommendations issued by the National
Academies no later than March 31, 2021.
Use of high performance computing capabilities for COVID-19
research
The Senate amendment contained a provision (sec. 3165)
that would require the Secretary of Energy to make the
unclassified high performance computing capabilities of the
Department of Energy available for research relating to the
coronavirus disease 2019 so long as and to the extent that
doing so does not negatively affect the stockpile stewardship
mission of the National Nuclear Security Administration.
The House bill contained no similar provision.
The Senate recedes.
The conferees believe that the Secretary of Energy should
continue to make available the unclassified computing
capabilities of the Department of Energy for coronavirus
research so long as it can be done without negatively
affecting stockpile stewardship.

Title XXXII--Defense Nuclear Facilities Safety Board

Authorization (sec. 3201)
The House bill contained a provision (sec. 3201) that
would authorize to be appropriated for fiscal year 2021,
$28.8 million for the operation of the Defense Nuclear
Facilities Safety Board.
The Senate amendment contained an identical provision
(sec. 3201).
The conference agreement includes this provision.
Nonpublic collaborative discussions by Defense Nuclear
Facilities Safety Board (sec. 3202)
The Senate amendment contained a provision (sec. 3202)
that would modify the section of the Atomic Energy Act of
1954 (42 U.S.C.

[[Page H6707]]

2286b) governing the Defense Nuclear Facilities Safety Board
to allow members of the Board to hold nonpublic meetings to
discuss official business. The members would not be able to
take any votes, formal or informal, or other official actions
at such meetings and would be subject to certain
restrictions. The Board would be required to disclose to the
public a list of participants and a summary of matters
discussed no later than 2 business days after the meeting.
The House bill contained no similar provision.
The House recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Improvements to operations of Defense Nuclear Facilities
Safety Board
The Senate amendment contained a provision (sec. 3203)
that would amend the establishing and governing sections of
United States Code pertaining to the Defense Nuclear
Facilities Safety Board (DNFSB) to alter slightly the mission
of the Board and clarify certain sections of law pertaining
to the access by the Board of defense nuclear facilities,
personnel, and information.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Energy and the
Chairman of the Defense Nuclear Facilities Safety Board to
complete a memorandum of understanding regarding the access
of DNFSB personnel to such facilities, documents, and such
other information as necessary for the completion of their
duties. In particular, such a memorandum would lay out a
mutual understanding of the implementation of Department of
Energy Order 140.1 or any superseding guidance. The conferees
also direct the Secretary of Energy and the Chairman of the
Board to provide to the congressional defense committees a
briefing no later than April 1, 2021, on the resulting
memorandum. The conferees note that the Senate report
accompanying S. 4049 (S. Rept. 116-236) of the National
Defense Authorization Act for Fiscal Year 2021 has already
directed a briefing on this matter and the conferees look
forward to prompt progress and resolution of any outstanding
disagreements between the parties.

Title XXXIV--NAval Petroleum Reserves

Authorization of appropriations (sec. 3401)
The House bill contained a provision (sec. 3401) that
would authorize funds for the purpose of carrying out
activities under chapter 869 of title 10, United States Code,
relating to the naval petroleum reserves.
The Senate amendment contained no similar provision.
The Senate recedes.

Title XXXV--Maritime Matters

Subtitle A--Maritime Administration

Authorization of the Maritime Administration (sec. 3501)
The House bill contained a provision (sec. 3501) that
would authorize appropriations for the national security
aspects of the Maritime Administration for fiscal year 2021.
The Senate amendment contained a similar provision (sec.
3501).
The Senate recedes with an amendment that would conform
certain authorization levels to the most recent allocation of
funds for the Maritime Administration.
Improvements to process for waiving navigation and vessel-
inspection laws and approving foreign vessel charters for
passenger vessels (sec. 3502)
The House bill contained a provision (sec. 3504) that
would improve and tighten both the waiver and vessel
inspection process in section 501 of title 46, United States
Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Maritime Administrator to make certain information
publicly available online.
Superintendent of the United States Merchant Marine Academy
(sec. 3503)
The House bill contained a provision (sec. 3510A) that
would modify the United States Merchant Marine Academy
superintendent appointment criteria to provide the sense of
Congress that being a graduate of the Academy in good
standing with an unlimited merchant marine officer's license
is highly desirable and also indicate that the Chief Engineer
is the highest professional level for a maritime engineer.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Assistance for inland and small coastal ports and terminals
(sec. 3504)
The House bill contained a provision (sec. 3508) that
would amend the port and intermodal improvement program to
provide a 25 percent set-aside for small ports and other
items.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike the
inclusion of private entities as a lead sponsor, strike
redundant grant application requirements for small port
applicants, decrease the set-aside to 18 percent, and make
technical changes.
Maritime transportation system emergency relief program
(sec. 3505)
The House bill contained a provision (sec. 3505) that
would authorize the U.S. Maritime Administration to provide
financial assistance, subject to appropriations, to states
and the maritime sector during a national emergency such as
COVID-19 or a natural disaster.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include
tribal entities and maritime education and training as
eligible recipients. Additionally, the amendment would
increase allowable administrative expenses to carry out the
program and require additional reporting.
Sea year cadets on cable security fleet and tanker security
fleet vessels (sec. 3506)
The House bill contained a provision (sec. 3510) that
would improve the stability of the of the Sea Year program
through greater access to cable security fleet and tanker
security fleet vessels.
The Senate amendment contained no similar provision.
The Senate recedes.
Centers of excellence for domestic maritime workforce
training and education: technical amendments (sec. 3507)
The House bill contained a provision (sec. 3506) that
would amend section 54102 of title 46, United States Code, to
redesignate, transfer, and make other technical amendments
related to Merchant Marine centers of excellence for domestic
maritime workforce training and education.
The Senate amendment contained no similar provision.
The Senate recedes.
Merchant mariner training and education (sec. 3508)
The House bill contained a provision (sec. 3507) that
would establish a loan program to provide loans to eligible
students for the purposes of training United States merchant
mariners.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
study on the Federal financial assistance currently available
for the training of United States merchant mariners and a
strategic plan to recruit, train, and retain merchant
mariners and maritime workers.
Publication of information about students and recent
graduates of Maritime Academies (sec. 3509)
The House bill contained a provision (sec. 3510B) that
would require the Maritime Administration to make certain
United States Merchant Marine Academy and State Maritime
Academy graduation data available on a public website.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Mariner licensing and credentialing for M/V LISERON (sec.
3510)
The House bill contained a provision (sec. 3510C) which
aligns and makes licensing requirements consistent with all
the other safety and inspection regulations that apply to the
M/V LISERON (U.S. official number 971339) as a small
passenger vessel. Subsection (a) deems the M/V LISERON to be
less than 100 gross tons for the purposes of licensing and
credentialing. Subsection (b) would nullify the designation
in subsection (a) if the vessel undergoes a structural change
of its length. Subsection (c) adds two restrictions with
respect to the application of subsection (a). First, the
vessel may not operate outside of inland waters of the United
States when carrying passengers for hire. Second, the
Secretary may issue a restricted credential to a 100 gross
ton license as appropriate and if needed for licensed
individuals employed to serve on this small passenger vessel
reflecting any unique qualification requirements that may be
needed to operate this small passenger vessel.
The Senate amendment had no similar provision.
The Senate recedes.

Subtitle B--Tanker Security Fleet

Tanker Security Fleet (sec. 3511)
The House bill contained a provision (sec. 3511) that
would amend part C of subtitle V of title 46, United States
Code, to authorize the establishment of a Tanker Security
Program in order to provide a fleet of 10 United States
flagged tanker vessels.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would initiate
the program in fiscal year 2022, authorize the program for
fiscal years 2022 through 2031, limit program authorization
unless and until the Secretary of Defense makes a
certification, and make technical edits.

Subtitle C--Other Matters

Maritime security and domain awareness (sec. 3521)
The House bill contained a provision (sec. 1710I) that
would require a report on combatting illegal, unreported, and
unregulated fishing.
The Senate amendment contained a similar provision (sec.
6061).
The House recedes with an amendment that would add the
House Committee on Foreign Affairs and Senate Committee on
Foreign Relations as report recipients.
Sense of Congress regarding role of domestic maritime
industry in national security (sec. 3522)
The House bill contained a provision (sec. 3502) that
would express the sense of the Congress regarding the role of
the domestic maritime industry in national security.

[[Page H6708]]

The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove the
findings on the role of the domestic maritime fleet.

LEGISLATIVE PROVISIONS NOT ADOPTED

Nonapplicability of requirement relating to minimum number
of operating days for vessels operating under MSP
Operating Agreements
The House bill contained a provision (sec. 3503) that
would waive the minimum number of operating days required for
vessels operating under maritime security program agreements.
The Senate amendment contained no similar provision.
The House recedes.
National Shipper Advisory Committee
The House bill contained a provision (sec. 3509) that
would establish an advisory committee comprised of 24 members
appointed by the Federal Maritime Commission with expertise
relating to the competitiveness, reliability, integrity, and
fairness of the international ocean freight delivery system.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note a version of this provision was
included elsewhere in this Act.
National Shipper Advisory Committee
The House bill contained a provision (sec. 3510D) that
would establish an advisory committee comprised of 24 members
appointed by the Federal Maritime Commission with expertise
relating to the competitiveness, reliability, integrity, and
fairness of the international ocean freight delivery system.
The Senate amendment contained no similar provision.
The House recedes.

DIVISION D--FUNDING TABLES

Authorization of amounts in funding tables (sec. 4001)
The House bill contained a provision (sec. 4001) that
would provide for the allocation of funds among programs,
projects, and activities in accordance with the tables in
division D of this Act, subject to reprogramming guidance in
accordance with established procedures.
Consistent with the previously expressed views of the
committee, this section would also require that a decision by
an agency head to commit, obligate, or expend funds to a
specific entity on the basis of such funding tables be based
on merit-based selection procedures in accordance with the
requirements of section 2304(k) and section 2374 of title 10,
United States Code, and other applicable provisions of law.
The Senate amendment contained a similar provision (sec.
4001).
The Senate recedes with a technical amendment.

SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2021
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
Conference Conference
FY 2021 Request Change Authorized
----------------------------------------------------------------------------------------------------------------

National Defense Funding, Base Budget Request

Function 051, Department of Defense-Military

Division A: Department of Defense Authorizations

Title I--Procurement
Aircraft Procurement, Army................................. 3,074,594 145,060 3,219,654
Missile Procurement, Army.................................. 3,491,507 -39,859 3,451,648
Weapons & Tracked Combat Vehicles, Army.................... 3,696,740 144,145 3,840,885
Procurement of Ammunition, Army............................ 2,777,716 91,319 2,869,035
Other Procurement, Army.................................... 8,625,206 -343,429 8,281,777
Aircraft Procurement, Navy................................. 17,127,378 1,417,875 18,545,253
Weapons Procurement, Navy.................................. 4,884,995 -155,761 4,729,234
Procurement of Ammunition, Navy & Marine Corps............. 883,602 -53,071 830,531
Shipbuilding & Conversion, Navy............................ 19,902,757 3,506,352 23,409,109
Other Procurement, Navy.................................... 10,948,518 -172,071 10,776,447
Procurement, Marine Corps.................................. 2,903,976 -94,434 2,809,542
Aircraft Procurement, Air Force............................ 17,908,145 1,374,468 19,282,613
Missile Procurement, Air Force............................. 2,396,417 -36,640 2,359,777
Procurement of Ammunition, Air Force....................... 596,338 -2,082 594,256
Other Procurement, Air Force............................... 23,695,720 -46,154 23,649,566
Procurement, Space Force................................... 2,446,064 -144,230 2,301,834
Procurement, Defense-Wide.................................. 5,324,487 309,574 5,634,061
Subtotal, Title I--Procurement............................. 130,684,160 5,901,062 136,585,222

Title II--Research, Development, Test and Evaluation
Research, Development, Test & Evaluation, Army............. 12,587,343 -109,284 12,478,059
Research, Development, Test & Evaluation, Navy............. 21,427,048 -693,459 20,733,589
Research, Development, Test & Evaluation, Air Force........ 37,391,826 -752,789 36,639,037
Research, Development, Test & Evaluation, Space Force...... 10,327,595 84,974 10,412,569
Research, Development, Test & Evaluation, Defense-Wide..... 24,280,891 -45,334 24,235,557
Operational Test & Evaluation, Defense..................... 210,090 210,090
Subtotal, Title II--Research, Development, Test and 106,224,793 -1,515,892 104,708,901
Evaluation................................................

Title III--Operation and Maintenance
Operation & Maintenance, Army.............................. 40,312,968 -240,128 40,072,840
Operation & Maintenance, Army Reserve...................... 2,934,717 -37,441 2,897,276
Operation & Maintenance, Army National Guard............... 7,420,014 -51,378 7,368,636
Operation & Maintenance, Navy.............................. 49,692,742 -1,584,997 48,107,745
Operation & Maintenance, Marine Corps...................... 7,328,607 -378,001 6,950,606
Operation & Maintenance, Navy Reserve...................... 1,127,046 -14,797 1,112,249
Operation & Maintenance, Marine Corps Reserve.............. 284,656 -1,733 282,923
Operation & Maintenance, Air Force......................... 34,750,597 -302,030 34,448,567

[[Page H6709]]

Operation & Maintenance, Space Force....................... 2,531,294 -17,000 2,514,294
Operation & Maintenance, Air Force Reserve................. 3,350,284 -42,100 3,308,184
Operation & Maintenance, Air National Guard................ 6,753,642 -8,400 6,745,242
Operation & Maintenance, Defense-Wide...................... 38,649,079 24,083 38,673,162
US Court of Appeals for the Armed Forces, Defense.......... 15,211 15,211
DOD Acquisition Workforce Development Fund................. 58,181 50,000 108,181
Overseas Humanitarian, Disaster and Civic Aid.............. 109,900 109,900
Cooperative Threat Reduction............................... 238,490 121,700 360,190
Environmental Restoration.................................. 1,073,068 1,073,068
Undistributed.............................................. 0 -1,711,780 -1,711,780
Subtotal, Title III--Operation and Maintenance............. 196,630,496 -4,194,002 192,436,494

Title IV--Military Personnel
Military Personnel Appropriations.......................... 150,524,104 -1,338,252 149,185,852
Medicare-Eligible Retiree Health Fund Contributions........ 8,372,741 8,372,741
Subtotal, Title IV--Military Personnel..................... 158,896,845 -1,338,252 157,558,593

Title XIV--Other Authorizations
Working Capital Fund, Army................................. 56,717 56,717
Working Capital Fund, Air Force............................ 95,712 95,712
Working Capital Fund, DECA................................. 1,146,660 1,146,660
Working Capital Fund, Defense-Wide......................... 49,821 49,821
National Defense Sealift Fund.............................. 0 434,193 434,193
Chemical Agents & Munitions Destruction.................... 889,500 889,500
Drug Interdiction and Counter Drug Activities.............. 769,629 15,800 785,429
Office of the Inspector General............................ 371,439 371,439
Defense Health Program..................................... 32,690,372 -370,050 32,320,322
Subtotal, Title XIV--Other Authorizations.................. 36,069,850 79,943 36,149,793

Total, Division A: Department of Defense Authorizations.... 628,506,144 -1,067,141 627,439,003

Division B: Military Construction Authorizations

Military Construction
Army....................................................... 650,336 229,740 880,076
Navy....................................................... 1,975,606 31,479 2,007,085
Air Force.................................................. 767,132 -49,700 717,432
Defense-Wide............................................... 2,027,520 -141,154 1,886,366
NATO Security Investment Program........................... 173,030 173,030
Army National Guard........................................ 321,437 49,835 371,272
Army Reserve............................................... 88,337 2,500 90,837
Navy and Marine Corps Reserve.............................. 70,995 12,800 83,795
Air National Guard......................................... 64,214 29,500 93,714
Air Force Reserve.......................................... 23,117 25,000 48,117
Unaccompanied Housing Improvement Fund..................... 600 600
Subtotal, Military Construction............................ 6,162,324 190,000 6,352,324

Family Housing
Construction, Army......................................... 119,400 119,400
Operation & Maintenance, Army.............................. 367,142 26,000 393,142
Construction, Navy and Marine Corps........................ 42,897 42,897
Operation & Maintenance, Navy and Marine Corps............. 346,493 25,000 371,493
Construction, Air Force.................................... 97,214 97,214
Operation & Maintenance, Air Force......................... 317,021 9,000 326,021
Operation & Maintenance, Defense-Wide...................... 54,728 54,728
Improvement Fund........................................... 5,897 5,897
Subtotal, Family Housing................................... 1,350,792 60,000 1,410,792

Base Realignment and Closure
Base Realignment and Closure--Army......................... 66,060 66,060
Base Realignment and Closure--Navy......................... 125,165 125,165
Base Realignment and Closure--Air Force.................... 109,222 109,222
Subtotal, Base Realignment and Closure..................... 300,447 0 300,447

Total, Division B: Military Construction Authorizations.... 7,813,563 250,000 8,063,563

[[Page H6710]]

Total, 051, Department of Defense-Military................. 636,319,707 -817,141 635,502,566

Division C: Department of Energy National Security Authorization and Other Authorizations

Function 053, Atomic Energy Defense Activities

Environmental and Other Defense Activities
Nuclear Energy............................................. 137,800 137,800
Weapons Activities......................................... 15,602,000 -51,572 15,550,428
Defense Nuclear Nonproliferation........................... 2,031,000 10,000 2,041,000
Naval Reactors............................................. 1,684,000 1,684,000
Federal Salaries and Expenses.............................. 454,000 454,000
Defense Environmental Cleanup.............................. 4,983,608 832,159 5,815,767
Other Defense Activities................................... 1,054,727 -153,679 901,048
Subtotal, Environmental and Other Defense Activities....... 25,947,135 636,908 26,584,043

Independent Federal Agency Authorization
Defense Nuclear Facilities Safety Board.................... 28,836 28,836
Subtotal, Independent Federal Agency Authorization......... 28,836 0 28,836

Subtotal, 053, Atomic Energy Defense Activities............ 25,975,971 636,908 26,612,879

Function 054, Defense-Related Activities

Other Agency Authorizations
Maritime Security Program.................................. 314,008 180,000 494,008
Subtotal, Independent Federal Agency Authorization......... 314,008 180,000 494,008

Subtotal, 054, Defense-Related Activities.................. 314,008 180,000 494,008

Subtotal, Division C: Department of Energy National 26,289,979 816,908 27,106,887
Security Authorization and Other Authorizations...........

Total, National Defense Funding, Base Budget Request....... 662,609,686 -233 662,609,453

National Defense Funding, Overseas Contingency Operations

Function 051, Department of Defense-Military

Procurement
Aircraft Procurement, Army................................. 461,080 104,032 565,112
Missile Procurement, Army.................................. 881,592 -15,600 865,992
Weapons & Tracked Combat Vehicles, Army.................... 15,225 15,225
Procurement of Ammunition, Army............................ 110,668 110,668
Other Procurement, Army.................................... 924,077 924,077
Aircraft Procurement, Navy................................. 33,241 33,241
Weapons Procurement, Navy.................................. 5,572 5,572
Procurement of Ammunition, Navy & Marine Corps............. 95,942 95,942
Other Procurement, Navy.................................... 343,526 343,526
Procurement, Marine Corps.................................. 47,963 47,963
Aircraft Procurement, Air Force............................ 569,155 -67,190 501,965
Missile Procurement, Air Force............................. 223,772 223,772
Procurement of Ammunition, Air Force....................... 802,455 802,455
Other Procurement, Air Force............................... 355,339 355,339
Procurement, Defense-Wide.................................. 258,491 64,811 323,302
National Guard & Reserve Equipment......................... 0 150,000 150,000
Subtotal, Procurement...................................... 5,128,098 236,053 5,364,151

Research, Development, Test and Evaluation
Research, Development, Test & Evaluation, Army............. 182,824 182,824
Research, Development, Test & Evaluation, Navy............. 59,562 59,562
Research, Development, Test & Evaluation, Air Force........ 5,304 5,304
Research, Development, Test & Evaluation, Defense-Wide..... 82,818 82,818
Subtotal, Research, Development, Test and Evaluation....... 330,508 0 330,508

[[Page H6711]]

Operation and Maintenance
Operation & Maintenance, Army.............................. 17,137,754 -1,753,697 15,384,057
Operation & Maintenance, Army Reserve...................... 33,399 33,399
Operation & Maintenance, Army National Guard............... 79,792 79,792
Afghanistan Security Forces Fund........................... 4,015,612 4,015,612
Counter-ISIS Train and Equip Fund.......................... 845,000 -322,500 522,500
Operation & Maintenance, Navy.............................. 10,700,305 740,000 11,440,305
Operation & Maintenance, Marine Corps...................... 1,102,600 400,000 1,502,600
Operation & Maintenance, Navy Reserve...................... 21,492 21,492
Operation & Maintenance, Marine Corps Reserve.............. 8,707 8,707
Operation & Maintenance, Air Force......................... 17,930,020 377,579 18,307,599
Operation & Maintenance, Space Force....................... 77,115 77,115
Operation & Maintenance, Air Force Reserve................. 30,090 30,090
Operation & Maintenance, Air National Guard................ 175,642 175,642
Operation & Maintenance, Defense-Wide...................... 6,022,254 72,565 6,094,819
Ukraine Security Assistance................................ 250,000 250,000
Subtotal, Operation and Maintenance........................ 58,179,782 -236,053 57,943,729

Military Personnel
Military Personnel Appropriations.......................... 4,602,593 4,602,593
Subtotal, Military Personnel............................... 4,602,593 0 4,602,593

Other Authorizations
Working Capital Fund, Army................................. 20,090 20,090
Office of the Inspector General............................ 24,069 24,069
Defense Health Program..................................... 365,098 365,098
Subtotal, Title XIV--Other Authorizations.................. 409,257 0 409,257

Military Construction
Army....................................................... 15,873 15,873
Navy....................................................... 70,020 70,020
Air Force.................................................. 263,869 263,869
Subtotal, Military Construction............................ 349,762 0 349,762

Subtotal, 051, Department of Defense-Military.............. 69,000,000 0 69,000,000

Total, National Defense Funding, Overseas Contingency 69,000,000 0 69,000,000
Operations Funding........................................

Total, National Defense.................................... 731,609,686 -233 731,609,453

MEMORANDUM: NON-DEFENSE AUTHORIZATIONS..................... 83,306 83,306
Title XIV--Armed Forces Retirement Home (Function 600)..... 70,300 70,300
Title XXXIV--Naval Petroleum and Oil Shale Reserves 13,006 13,006
(Function 270)............................................

MEMORANDUM: TRANSFER AUTHORITIES (NON-ADD)
Title X--General Transfer Authority........................ [4,000,000]
Title XV--Special Transfer Authority....................... [2,000,000]

MEMORANDUM: DEFENSE AUTHORIZATIONS NOT UNDER THE JURISDICTION OF THE ARMED SERVICES COMMITTEE (NON-ADD)
Defense Production Act..................................... 181,931
----------------------------------------------------------------------------------------------------------------

[[Page H6712]]

NATIONAL DEFENSE BUDGET AUTHORITY IMPLICATION
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
FY 2021 Conference Conference
Request Change Authorized
----------------------------------------------------------------------------------------------------------------
SUBTOTAL, DEPARTMENT OF DEFENSE (051)........................... 636,319,707 -817,141 635,502,566
SUBTOTAL, ATOMIC ENERGY DEFENSE PROGRAMS (053).................. 25,975,971 636,908 26,612,879
SUBTOTAL, DEFENSE-RELATED ACTIVITIES (054)...................... 314,008 180,000 494,008
TOTAL, NATIONAL DEFENSE (050)--BASE BILL........................ 662,609,686 -233 662,609,453
TOTAL, OVERSEAS CONTINGENCY OPERATIONS.......................... 69,000,000 69,000,000
GRAND TOTAL, NATIONAL DEFENSE................................... 731,609,686 -233 731,609,453

Scoring adjustments
Transfers to non-Defense budget functions already credited to -152,000 -152,000
050 by OMB.....................................................
Subtotal, Scoring Adjustments................................... -152,000 -152,000

Base National Defense Discretionary Programs that are Not In the Jurisdiction of the Armed Services Committee
or Do Not Require Additional Authorization (CBO Estimates)
Defense Production Act Purchases................................ 181,931 181,931
Indefinite Account: Disposal Of DOD Real Property............... 9,739 9,739
Indefinite Account: Lease Of DOD Real Property.................. 32,623 32,623
Subtotal, Budget Sub-Function 051............................... 224,293 224,293

Other Discretionary Programs.................................... 8,811,000 8,811,000
Adjustments for revised BCA caps................................ 6,000 6,000
Subtotal, Budget Sub-Function 054............................... 9,131,008 9,131,008
Total Defense Discretionary Adjustments (050)................... 9,203,301 9,203,301

Budget Authority Implication, National Defense Discretionary
Department of Defense--Military (051)........................... 705,392,000 -817,141 704,574,859
Atomic Energy Defense Activities (053).......................... 25,975,971 636,908 26,612,879
Defense-Related Activities (054)................................ 9,131,008 180,000 9,311,008
Total BA Implication, National Defense Discretionary............ 740,498,979 -233 740,498,746

National Defense Mandatory Programs, Current Law (CBO Baseline)
Concurrent receipt accrual payments to the Military Retirement 9,799,000 9,799,000
Fund...........................................................
Revolving, trust and other DOD Mandatory........................ 1,833,000 1,833,000
Offsetting receipts............................................. -1,989,000 -1,989,000
Subtotal, Budget Sub-Function 051............................... 9,643,000 9,643,000
Energy employees occupational illness compensation programs and 1,682,000 1,682,000
other..........................................................
Subtotal, Budget Sub-Function 053............................... 1,682,000 1,682,000
Radiation exposure compensation trust fund...................... 61,000 61,000
Payment to CIA retirement fund and other........................ 514,000 514,000
Subtotal, Budget Sub-Function 054............................... 575,000 575,000

Total National Defense Mandatory (050).......................... 11,900,000 11,900,000

Budget Authority Implication, National Defense Discretionary and Mandatory
Department of Defense--Military (051)........................... 715,035,000 -817,141 714,217,859
Atomic Energy Defense Activities (053).......................... 27,657,971 636,908 28,294,879
Defense-Related Activities (054)................................ 9,706,008 180,000 9,886,008
Total BA Implication, National Defense Discretionary and 752,398,979 -233 752,398,746
Mandatory......................................................
----------------------------------------------------------------------------------------------------------------

[[Page H6713]]

TITLE XLI--PROCUREMENT

SEC. 4101. PROCUREMENT.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2021 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item --------------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 MQ-1 UAV................ 75,000 165,000
Additional aircraft. [75,000]
Reverse planned [165,000]
temporary
procurement pause.
003 FUTURE UAS FAMILY....... 1,100 1,100 1,100 1,100
004 RQ-11 (RAVEN)........... 20,851 20,851 20,851 20,851
ROTARY
007 AH-64 APACHE BLOCK IIIA 50 792,027 50 792,027 50 792,027 50 792,027
REMAN.
008 AH-64 APACHE BLOCK IIIA 169,460 169,460 169,460 169,460
REMAN AP.
011 UH-60 BLACKHAWK M MODEL 36 742,998 36 725,298 36 742,998 -17,700 36 725,298
(MYP).
Unjustified costs... [-17,700] [-17,700]
012 UH-60 BLACKHAWK M MODEL 87,427 87,427 87,427 87,427
(MYP) AP.
013 UH-60 BLACK HAWK L AND V 24 172,797 24 172,797 24 172,797 24 172,797
MODELS.
014 CH-47 HELICOPTER........ 6 160,750 11 266,850 6 160,750 5 136,000 11 296,750
Program increase--F [5] [136,000] [5] [136,000]
Block II.
Unjustified cost [-29,900]
growth.
015 CH-47 HELICOPTER AP..... 18,372 47,372 18,372 29,000 47,372
Program increase--F [29,000] [29,000]
Block II.
MODIFICATION OF AIRCRAFT
018 UNIVERSAL GROUND CONTROL 7,509 7,509 7,509 7,509
EQUIPMENT (UAS).
019 GRAY EAGLE MODS2........ 16,280 16,280 16,280 16,280
020 MULTI SENSOR ABN RECON 35,864 35,864 35,864 35,864
(MIP).
021 AH-64 MODS.............. 118,316 113,216 118,316 -7,740 110,576
Sensors cost growth. [-7,740]
Unjustified cost [-5,100]
growth--M-DSA.
022 CH-47 CARGO HELICOPTER 15,548 15,548 35,548 15,548
MODS (MYP).
IVCS................ [20,000]
023 GRCS SEMA MODS (MIP).... 2,947 2,947 2,947 2,947
024 ARL SEMA MODS (MIP)..... 9,598 9,598 9,598 9,598
025 EMARSS SEMA MODS (MIP).. 2,452 2,452 2,452 2,452
026 UTILITY/CARGO AIRPLANE 13,868 13,868 13,868 13,868
MODS.
027 UTILITY HELICOPTER MODS. 25,842 31,342 25,842 5,500 31,342
Program increase.... [5,500] [5,500]
028 NETWORK AND MISSION PLAN 77,432 77,432 77,432 77,432
029 COMMS, NAV SURVEILLANCE. 101,355 101,355 101,355 101,355
031 AVIATION ASSURED PNT.... 54,609 54,609 54,609 54,609
032 GATM ROLLUP............. 12,180 12,180 12,180 12,180
034 UAS MODS................ 4,204 4,204 4,204 4,204
GROUND SUPPORT AVIONICS
035 AIRCRAFT SURVIVABILITY 49,455 49,455 49,455 49,455
EQUIPMENT.
036 SURVIVABILITY CM........ 8,035 8,035 8,035 8,035
037 CMWS.................... 10,567 10,567 10,567 10,567
038 COMMON INFRARED 120 237,467 120 237,467 120 237,467 120 237,467
COUNTERMEASURES (CIRCM).
OTHER SUPPORT
UNDISTRIBUTED
039 AVIONICS SUPPORT 1,789 1,789 1,789 1,789
EQUIPMENT.
040 COMMON GROUND EQUIPMENT. 17,584 17,584 17,584 17,584
041 AIRCREW INTEGRATED 48,265 48,265 48,265 48,265
SYSTEMS.
042 AIR TRAFFIC CONTROL..... 26,408 26,408 26,408 26,408
044 LAUNCHER, 2.75 ROCKET... 2,256 2,256 2,256 2,256
045 LAUNCHER GUIDED MISSILE: 8,982 8,982 8,982 8,982
LONGBOW HELLFIRE XM2.
TOTAL AIRCRAFT 236 3,074,594 241 3,267,394 236 3,259,594 5 145,060 241 3,219,654
PROCUREMENT, ARMY.

MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR MISSILE
SYSTEM
002 M-SHORAD--PROCUREMENT... 50 378,654 50 378,654 50 378,654 -4,067 50 374,587
Production costs [-4,067]
previously funded.
003 MSE MISSILE............. 122 603,188 122 603,188 168 779,773 122 603,188
Transfer missiles [46] [176,585]
from EDI OCO.
004 PRECISION STRIKE MISSILE 30 49,941 30 42,441 30 49,941 30 49,941
(PRSM).
Contract delay...... [-7,500]
005 INDIRECT FIRE PROTECTION 106,261 25,011 65,761 -40,792 65,469
CAPABILITY INC 2-I.
Army identified [-40,500] [-40,792]
funds excess to need.
Army-identified [-40,500]
funding early to
need.
Funding excess to [-40,750]
need.
AIR-TO-SURFACE MISSILE
SYSTEM
006 HELLFIRE SYS SUMMARY.... 428 91,225 428 91,225 428 91,225 428 91,225
007 JOINT AIR-TO-GROUND MSLS 657 213,397 657 213,397 657 213,397 657 213,397
(JAGM).
008 LONG RANGE PRECISION 45,307 45,307 45,307 45,307
MUNITION.
ANTI-TANK/ASSAULT
MISSILE SYS
009 JAVELIN (AAWS-M) SYSTEM 773 190,325 773 190,325 773 190,325 773 190,325
SUMMARY.
010 TOW 2 SYSTEM SUMMARY.... 1,405 121,074 1,405 121,074 1,405 121,074 1,405 121,074
011 GUIDED MLRS ROCKET 5,384 850,157 5,384 850,157 5,384 850,157 -5,000 5,384 845,157
(GMLRS).

[[Page H6714]]

Excess tooling [-5,000]
request.
012 MLRS REDUCED RANGE 3,270 30,836 3,270 30,836 3,270 30,836 3,270 30,836
PRACTICE ROCKETS (RRPR).
013 HIGH MOBILITY ARTILLERY 5 41,226 5 41,226 5 41,226 10,000 5 51,226
ROCKET SYSTEM (HIMARS).
Army requested [10,000]
transfer from OM,A
line 121.
MODIFICATIONS
016 PATRIOT MODS............ 278,050 278,050 278,050 278,050
017 ATACMS MODS............. 141,690 141,690 141,690 141,690
020 AVENGER MODS............ 13,942 13,942 13,942 13,942
021 ITAS/TOW MODS........... 5,666 5,666 5,666 5,666
022 MLRS MODS............... 310,419 310,419 310,419 310,419
023 HIMARS MODIFICATIONS.... 6,081 6,081 6,081 6,081
SPARES AND REPAIR PARTS
024 SPARES AND REPAIR PARTS. 5,090 5,090 5,090 5,090
SUPPORT EQUIPMENT &
FACILITIES
UNDISTRIBUTED
025 AIR DEFENSE TARGETS..... 8,978 8,978 8,978 8,978
TOTAL MISSILE 12,124 3,491,507 12,124 3,402,757 12,170 3,627,592 -39,859 12,124 3,451,648
PROCUREMENT, ARMY.

PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT VEHICLES
002 ARMORED MULTI PURPOSE 32 192,971 32 172,971 32 172,971 -53,717 32 139,254
VEHICLE (AMPV).
Forward financing of [-53,717]
vehicle
manufacturing.
Prior year carry- [-80,000]
over.
Program decrease.... [-20,000]
Program increase.... [60,000]
MODIFICATION OF TRACKED
COMBAT VEHICLES
004 STRYKER UPGRADE......... 154 847,212 214 1,183,052 154 847,212 60 321,000 214 1,168,212
CROWS-J program [-39,160] [-39,160]
delay.
Program increase-- [60] [375,000] [60] [375,000]
Army UPL.
Unit cost growth.... [-14,840]
005 BRADLEY PROGRAM (MOD)... 493,109 435,759 473,109 -57,350 435,759
Prior year carry- [-17,350] [-17,350]
over.
UBIS early to need.. [-40,000] [-40,000]
UBIS slip........... [-20,000]
006 M109 FOV MODIFICATIONS.. 26,893 21,893 26,893 26,893
Prior year carryover [-5,000]
007 PALADIN INTEGRATED 30 435,825 30 435,825 30 435,825 30 435,825
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD).... 5,074 5,074 5,074 5,074
010 ASSAULT BREACHER VEHICLE 4 19,500 4 19,500 4 19,500 4 19,500
011 M88 FOV MODS............ 18,382 13,082 13,382 18,382
Program reduction... [-5,300]
Unjustified growth.. [-5,000]
012 JOINT ASSAULT BRIDGE.... 14 72,178 14 61,878 14 61,678 -52,931 14 19,247
IOTE and testing [-10,500]
delay.
Program delay....... [-10,300] [-52,931]
013 M1 ABRAMS TANK (MOD).... 392,013 386,278 392,013 392,013
Prior year carry- [-5,735]
over.
014 ABRAMS UPGRADE PROGRAM.. 89 1,033,253 89 1,020,396 89 1,033,253 -12,857 89 1,020,396
Component cost [-3,480] [-3,480]
savings.
Prior year carry- [-9,377] [-9,377]
over.
WEAPONS & OTHER COMBAT
VEHICLES
016 MULTI-ROLE ANTI-ARMOR 17,864 17,864 17,864 17,864
ANTI-PERSONNEL WEAPON S.
018 MORTAR SYSTEMS.......... 10,288 10,288 10,288 10,288
019 XM320 GRENADE LAUNCHER 5,969 5,969 5,969 5,969
MODULE (GLM).
020 PRECISION SNIPER RIFLE.. 10,137 10,137 10,137 10,137
021 COMPACT SEMI-AUTOMATIC 999 999 999 999
SNIPER SYSTEM.
022 CARBINE................. 7,411 7,411 7,411 7,411
023 NEXT GENERATION SQUAD 35,822 35,822 35,822 35,822
WEAPON.
024 COMMON REMOTELY OPERATED 24,534 24,534 24,534 24,534
WEAPONS STATION.
025 HANDGUN................. 4,662 4,662 4,662 4,662
MOD OF WEAPONS AND OTHER
COMBAT VEH
026 MK-19 GRENADE MACHINE 6,444 6,444 6,444 6,444
GUN MODS.
027 M777 MODS............... 10,983 10,983 10,983 10,983
028 M4 CARBINE MODS......... 4,824 4,824 4,824 4,824
031 M240 MEDIUM MACHINE GUN 6,385 6,385 6,385 6,385
MODS.
032 SNIPER RIFLES 1,898 1,898 1,898 1,898
MODIFICATIONS.
033 M119 MODIFICATIONS...... 2,009 2,009 2,009 2,009
034 MORTAR MODIFICATION..... 1,689 1,689 1,689 1,689
035 MODIFICATIONS LESS THAN 2,604 2,604 2,604 2,604
$5.0M (WOCV-WTCV).
SUPPORT EQUIPMENT &
FACILITIES
UNDISTRIBUTED
036 ITEMS LESS THAN $5.0M 2,763 2,763 2,763 2,763
(WOCV-WTCV).
037 PRODUCTION BASE SUPPORT 3,045 3,045 3,045 3,045
(WOCV-WTCV).
TOTAL PROCUREMENT 323 3,696,740 383 3,916,038 323 3,641,240 60 144,145 383 3,840,885
OF W&TCV, ARMY.

PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL TYPES.. 68,472 68,472 68,472 -2,813 65,659
E95700 unit cost [-2,813]
growth.
002 CTG, 7.62MM, ALL TYPES.. 109,933 109,933 109,933 109,933

[[Page H6715]]

003 NEXT GENERATION SQUAD 11,988 11,988 11,988 11,988
WEAPON AMMUNITION.
004 CTG, HANDGUN, ALL TYPES. 853 853 853 853
005 CTG, .50 CAL, ALL TYPES. 58,280 58,280 58,280 58,280
006 CTG, 20MM, ALL TYPES.... 31,708 31,708 31,708 31,708
007 CTG, 25MM, ALL TYPES.... 9,111 9,111 9,111 9,111
008 CTG, 30MM, ALL TYPES.... 58,172 58,172 58,172 58,172
009 CTG, 40MM, ALL TYPES.... 114,638 114,638 114,638 114,638
MORTAR AMMUNITION
010 60MM MORTAR, ALL TYPES.. 31,222 31,222 31,222 31,222
011 81MM MORTAR, ALL TYPES.. 42,857 42,857 42,857 42,857
012 120MM MORTAR, ALL TYPES. 107,762 107,762 107,762 107,762
TANK AMMUNITION
013 CARTRIDGES, TANK, 105MM 233,444 233,444 233,444 -1,218 232,226
AND 120MM, ALL TYPES.
E73201 excess cost [-1,218]
growth.
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 35,963 35,963 35,963 35,963
75MM & 105MM, ALL TYPES.
015 ARTILLERY PROJECTILE, 293,692 283,692 293,692 -2,400 291,292
155MM, ALL TYPES.
Program delays...... [-10,000] [-2,400]
016 PROJ 155MM EXTENDED 597 69,159 597 69,159 597 69,159 -4,250 597 64,909
RANGE M982.
E80103 unit cost [-4,250]
growth.
017 ARTILLERY PROPELLANTS, 232,913 232,913 232,913 232,913
FUZES AND PRIMERS, ALL.
MINES
018 MINES & CLEARING 65,278 62,778 65,278 -2,500 62,778
CHARGES, ALL TYPES.
Program decrease.... [-2,500] [-2,500]
019 CLOSE TERRAIN SHAPING 4,995 2,995 4,995 4,995
OBSTACLE.
Program reduction... [-2,000]
ROCKETS
020 SHOULDER LAUNCHED 69,112 61,612 69,112 69,112
MUNITIONS, ALL TYPES.
Prior year carryover [-7,500]
021 ROCKET, HYDRA 70, ALL 125,915 125,915 125,915 125,915
TYPES.
OTHER AMMUNITION
022 CAD/PAD, ALL TYPES...... 8,891 8,891 8,891 8,891
023 DEMOLITION MUNITIONS, 54,043 54,043 54,043 54,043
ALL TYPES.
024 GRENADES, ALL TYPES..... 28,931 28,931 28,931 28,931
025 SIGNALS, ALL TYPES...... 27,036 27,036 27,036 27,036
026 SIMULATORS, ALL TYPES... 10,253 10,253 10,253 10,253
MISCELLANEOUS
027 AMMO COMPONENTS, ALL 3,476 3,476 3,476 3,476
TYPES.
029 ITEMS LESS THAN $5 10,569 10,569 10,569 10,569
MILLION (AMMO).
030 AMMUNITION PECULIAR 12,338 12,338 12,338 12,338
EQUIPMENT.
031 FIRST DESTINATION 15,908 15,908 15,908 15,908
TRANSPORTATION (AMMO).
032 CLOSEOUT LIABILITIES.... 99 99 99 99
PRODUCTION BASE SUPPORT
UNDISTRIBUTED
033 INDUSTRIAL FACILITIES... 592,224 696,724 592,224 104,500 696,724
Program increase.... [104,500] [104,500]
034 CONVENTIONAL MUNITIONS 235,112 235,112 235,112 235,112
DEMILITARIZATION.
035 ARMS INITIATIVE......... 3,369 3,369 3,369 3,369
TOTAL PROCUREMENT 597 2,777,716 597 2,860,216 597 2,777,716 91,319 597 2,869,035
OF AMMUNITION, ARMY.

OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/DOLLY 12,986 12,986 12,986 -3,333 9,653
SETS.
Prior year carryover [-3,333]
002 SEMITRAILERS, FLATBED:.. 31,443 31,443 31,443 31,443
003 SEMITRAILERS, TANKERS... 17,082 17,082 17,082 17,082
004 HI MOB MULTI-PURP WHLD 44,795 44,795 44,795 44,795
VEH (HMMWV).
005 GROUND MOBILITY VEHICLES 37,932 37,932 37,932 37,932
(GMV).
008 JOINT LIGHT TACTICAL 894,414 894,414 894,414 894,414
VEHICLE FAMILY OF
VEHICL.
009 TRUCK, DUMP, 20T (CCE).. 29,368 29,368 29,368 29,368
010 FAMILY OF MEDIUM 95,092 95,092 95,092 95,092
TACTICAL VEH (FMTV).
011 FAMILY OF COLD WEATHER 999 999 999 999
ALL-TERRAIN VEHICLE (C.
012 FIRETRUCKS & ASSOCIATED 27,687 27,687 27,687 27,687
FIREFIGHTING EQUIP.
014 PLS ESP................. 21,969 21,969 21,969 21,969
015 HVY EXPANDED MOBILE 65,635 132,635 65,635 33,500 99,135
TACTICAL TRUCK EXT SERV.
Program increase.... [67,000] [33,500]
016 HMMWV RECAPITALIZATION 5,927 5,927 5,927 5,927
PROGRAM.
017 TACTICAL WHEELED VEHICLE 36,497 36,497 36,497 36,497
PROTECTION KITS.
018 MODIFICATION OF IN SVC 114,977 114,977 114,977 114,977
EQUIP.
NON-TACTICAL VEHICLES
020 PASSENGER CARRYING 1,246 1,246 1,246 1,246
VEHICLES.
021 NONTACTICAL VEHICLES, 19,870 19,870 19,870 -14,902 4,968
OTHER.
Excess carryover.... [-14,902]
COMM--JOINT
COMMUNICATIONS
022 SIGNAL MODERNIZATION 160,469 150,469 160,469 -9,290 151,179
PROGRAM.
Unit cost growth.... [-10,000] [-9,290]
023 TACTICAL NETWORK 360,379 337,879 365,379 -12,597 347,782
TECHNOLOGY MOD IN SVC.
MDTF scalable node [5,000]
equipment.
Program delays...... [-10,000] [-5,380]
Unit cost growth.... [-12,500] [-7,217]

[[Page H6716]]

024 SITUATION INFORMATION 63,396 63,396 63,396 63,396
TRANSPORT.
026 JCSE EQUIPMENT 5,170 5,170 5,170 5,170
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
029 DEFENSE ENTERPRISE 101,498 101,498 101,498 101,498
WIDEBAND SATCOM SYSTEMS.
030 TRANSPORTABLE TACTICAL 72,450 64,950 74,850 -2,700 69,750
COMMAND COMMUNICATIONS.
AFRICOM force [1,000] [1,000]
protection upgrades.
MDTF support [1,400]
requirements.
Program delays...... [-7,500] [-3,700]
031 SHF TERM................ 13,173 13,173 13,173 13,173
032 ASSURED POSITIONING, 134,928 134,928 134,928 134,928
NAVIGATION AND TIMING.
033 SMART-T (SPACE)......... 8,611 8,611 8,611 8,611
034 GLOBAL BRDCST SVC--GBS.. 8,191 8,191 8,191 8,191
COMM--C3 SYSTEM
036 COE TACTICAL SERVER 94,871 94,871 94,871 -2,752 92,119
INFRASTRUCTURE (TSI).
Contract management [-2,752]
growth.
COMM--COMBAT
COMMUNICATIONS
037 HANDHELD MANPACK SMALL 550,848 550,848 552,348 1,500 552,348
FORM FIT (HMS).
AFRICOM force [1,500] [1,500]
protection upgrades.
038 RADIO TERMINAL SET, MIDS 8,237 8,237 8,237 8,237
LVT(2).
041 SPIDER FAMILY OF 13,967 -13,967
NETWORKED MUNITIONS
INCR.
Program cancelation. [-13,967]
Program cancellation [-13,967] [-13,967]
043 UNIFIED COMMAND SUITE... 19,579 19,579 19,579 19,579
044 COTS COMMUNICATIONS 94,156 94,156 94,156 94,156
EQUIPMENT.
045 FAMILY OF MED COMM FOR 18,313 18,313 18,313 18,313
COMBAT CASUALTY CARE.
046 ARMY COMMUNICATIONS & 51,480 51,480 51,480 51,480
ELECTRONICS.
COMM--INTELLIGENCE COMM
048 CI AUTOMATION 13,146 13,146 13,146 13,146
ARCHITECTURE (MIP).
049 DEFENSE MILITARY 5,624 5,624 5,624 5,624
DECEPTION INITIATIVE.
INFORMATION SECURITY
051 INFORMATION SYSTEM 4,596 4,596 4,596 4,596
SECURITY PROGRAM-ISSP.
052 COMMUNICATIONS SECURITY 159,272 149,272 159,272 159,272
(COMSEC).
Program decrease.... [-10,000]
053 DEFENSIVE CYBER 54,753 54,753 55,653 -12,000 42,753
OPERATIONS.
Army requested [-12,000]
transfer to RDTE
army line 267 for
program management.
MDTF cyber defense [900]
and EW tools.
054 INSIDER THREAT PROGRAM-- 1,760 1,760 1,760 1,760
UNIT ACTIVITY MONITO.
056 ITEMS LESS THAN $5M 260 260 260 260
(INFO SECURITY).
COMM--LONG HAUL
COMMUNICATIONS
057 BASE SUPPORT 29,761 29,761 30,761 1,000 30,761
COMMUNICATIONS.
AFRICOM UFR force [1,000] [1,000]
protection upgrades.
COMM--BASE
COMMUNICATIONS
058 INFORMATION SYSTEMS..... 147,696 147,696 147,696 147,696
059 EMERGENCY MANAGEMENT 4,900 4,900 4,900 -4,900
MODERNIZATION PROGRAM.
Excess carryover.... [-4,900]
060 HOME STATION MISSION 15,227 15,227 15,227 15,227
COMMAND CENTERS (HSMCC).
061 JOINT INFORMATION 3,177 3,177 3,177 3,177
ENVIRONMENT (JIE).
062 INSTALLATION INFO 300,035 280,035 300,035 -20,000 280,035
INFRASTRUCTURE MOD
PROGRAM.
Unjustified growth.. [-20,000] [-20,000]
ELECT EQUIP--TACT INT
REL ACT (TIARA)
065 JTT/CIBS-M (MIP)........ 5,304 5,304 5,304 5,304
066 TERRESTRIAL LAYER 8,081 8,081 8,081 8,081
SYSTEMS (TLS) (MIP).
068 DCGS-A (MIP)............ 151,886 151,886 151,886 151,886
070 TROJAN (MIP)............ 17,593 17,593 17,593 17,593
071 MOD OF IN-SVC EQUIP 28,558 28,558 28,558 28,558
(INTEL SPT) (MIP).
073 BIOMETRIC TACTICAL 999 999 999 999
COLLECTION DEVICES
(MIP).
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
075 LIGHTWEIGHT COUNTER 5,332 5,332 5,332 5,332
MORTAR RADAR.
076 EW PLANNING & MANAGEMENT 7,849 7,849 7,849 7,849
TOOLS (EWPMT).
077 AIR VIGILANCE (AV) (MIP) 8,160 8,160 8,160 8,160
079 MULTI-FUNCTION 8,669 8,669 8,669 8,669
ELECTRONIC WARFARE
(MFEW) SYST.
081 COUNTERINTELLIGENCE/ 13,400
SECURITY
COUNTERMEASURES.
MDTF advanced intel [13,400]
systems remote
collection.
082 CI MODERNIZATION (MIP).. 300 300 300 300
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
083 SENTINEL MODS........... 58,884 58,884 58,884 58,884
084 NIGHT VISION DEVICES.... 1,127,375 897,375 1,127,375 -230,000 897,375
IVAS reduction...... [-230,000] [-230,000]
086 SMALL TACTICAL OPTICAL 13,954 13,954 13,954 13,954
RIFLE MOUNTED MLRF.
088 INDIRECT FIRE PROTECTION 10,069 10,069 14,069 4,000 14,069
FAMILY OF SYSTEMS.
AFRICOM UFR force [4,000] [4,000]
protection upgrades.
089 FAMILY OF WEAPON SIGHTS 133,590 115,090 133,590 -18,500 115,090
(FWS).
Program decrease.... [-18,500] [-18,500]
091 JOINT BATTLE COMMAND-- 243,850 226,350 243,850 243,850
PLATFORM (JBC-P).
Program delays...... [-17,500]
092 JOINT EFFECTS TARGETING 69,641 50,541 69,641 -19,100 50,541
SYSTEM (JETS).
Early to need....... [-19,100] [-19,100]
094 COMPUTER BALLISTICS: 7,509 7,509 7,509 7,509
LHMBC XM32.

[[Page H6717]]

095 MORTAR FIRE CONTROL 3,800 3,800 3,800 3,800
SYSTEM.
096 MORTAR FIRE CONTROL 7,292 7,292 7,292 7,292
SYSTEMS MODIFICATIONS.
097 COUNTERFIRE RADARS...... 72,421 71,421 72,421 -1,000 71,421
Excess to need...... [-1,000] [-1,000]
ELECT EQUIP--TACTICAL C2
SYSTEMS
098 ARMYCOMMANDPOSTINTEGRATE 49,947 49,947 49,947 49,947
DINFRASTRUCTURE(.
099 FIRE SUPPORT C2 FAMILY.. 9,390 9,390 9,390 9,390
100 AIR & MSL DEFENSE 47,374 47,374 47,374 47,374
PLANNING & CONTROL SYS.
101 IAMD BATTLE COMMAND 201,587 191,587 201,587 -3,000 198,587
SYSTEM.
Program reduction... [-10,000] [-3,000]
102 LIFE CYCLE SOFTWARE 4,495 4,495 4,495 4,495
SUPPORT (LCSS).
103 NETWORK MANAGEMENT 18,651 18,651 18,651 18,651
INITIALIZATION AND
SERVICE.
105 GLOBAL COMBAT SUPPORT 2,792 2,792 2,792 2,792
SYSTEM-ARMY (GCSS-A).
106 INTEGRATED PERSONNEL AND 9,071 9,071 9,071 9,071
PAY SYSTEM-ARMY (IPP.
107 RECONNAISSANCE AND 12,117 12,117 12,117 12,117
SURVEYING INSTRUMENT
SET.
108 MOD OF IN-SVC EQUIPMENT 3,004 5,004 3,004 2,000 5,004
(ENFIRE).
Program increase.... [2,000] [2,000]
ELECT EQUIP--AUTOMATION
109 ARMY TRAINING 14,574 14,574 14,574 14,574
MODERNIZATION.
110 AUTOMATED DATA 140,619 140,619 140,619 -1,778 138,841
PROCESSING EQUIP.
AIE travel costs [-1,778]
excess.
111 GENERAL FUND ENTERPRISE 4,448 4,448 4,448 4,448
BUSINESS SYSTEMS FAM.
112 HIGH PERF COMPUTING MOD 68,405 68,405 54,380 68,405
PGM (HPCMP).
Program decrease.... [-14,025]
113 CONTRACT WRITING SYSTEM. 8,459 8,459 8,459 8,459
114 CSS COMMUNICATIONS...... 57,651 57,651 57,651 57,651
115 RESERVE COMPONENT 14,848 14,848 14,848 14,848
AUTOMATION SYS (RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
117 ITEMS LESS THAN $5M 4,995 4,995 4,995 4,995
(SURVEYING EQUIPMENT).
ELECT EQUIP--SUPPORT
119 BCT EMERGING 16,983 8,983 20,883 -8,000 8,983
TECHNOLOGIES.
MDTF advanced intel [3,900]
systems remote
collection.
Program reduction... [-8,000] [-8,000]
CLASSIFIED PROGRAMS
19A CLASSIFIED PROGRAMS..... 1,582 1,582 1,582 1,582
CHEMICAL DEFENSIVE
EQUIPMENT
123 CBRN DEFENSE............ 28,456 28,456 42,456 28,456
WMD CST equipment... [14,000]
124 SMOKE & OBSCURANT 13,995 13,995 13,995 13,995
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING....... 10,545 10,545 10,545 10,545
126 TACTICAL BRIDGE, FLOAT- 72,074 72,074 72,074 72,074
RIBBON.
127 BRIDGE SUPPLEMENTAL SET. 32,493 32,493 32,493 32,493
128 COMMON BRIDGE 62,978 62,978 62,978 62,978
TRANSPORTER (CBT) RECAP.
ENGINEER (NON-
CONSTRUCTION) EQUIPMENT
129 HANDHELD STANDOFF 5,570 5,570 5,570 5,570
MINEFIELD DETECTION SYS-
HST.
130 GRND STANDOFF MINE 2,497 2,497 2,497 2,497
DETECTN SYSM (GSTAMIDS).
132 HUSKY MOUNTED DETECTION 109,069 99,069 109,069 -10,000 99,069
SYSTEM (HMDS).
Program reduction... [-10,000] [-10,000]
134 EOD ROBOTICS SYSTEMS 36,584 36,584 36,584 36,584
RECAPITALIZATION.
135 ROBOTICS AND APPLIQUE 179,544 174,744 179,544 -4,800 174,744
SYSTEMS.
SMET contract delay. [-4,800] [-4,800]
137 RENDER SAFE SETS KITS 64,583 64,583 64,583 64,583
OUTFITS.
139 FAMILY OF BOATS AND 5,289 5,289 5,289 5,289
MOTORS.
COMBAT SERVICE SUPPORT
EQUIPMENT
140 HEATERS AND ECU'S....... 8,200 8,200 8,200 8,200
142 PERSONNEL RECOVERY 4,625 4,625 4,625 4,625
SUPPORT SYSTEM (PRSS).
143 GROUND SOLDIER SYSTEM... 154,937 154,937 154,937 -5,000 149,937
Unit cost [-5,000]
discrepancies.
144 MOBILE SOLDIER POWER.... 34,297 34,297 34,297 34,297
147 CARGO AERIAL DEL & 53,021 53,021 53,021 53,021
PERSONNEL PARACHUTE
SYSTEM.
148 FAMILY OF ENGR COMBAT 23,324 23,324 23,324 23,324
AND CONSTRUCTION SETS.
149 ITEMS LESS THAN $5M (ENG 8,014 8,014 8,014 8,014
SPT).
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, 78,448 78,448 78,448 -198 78,250
PETROLEUM & WATER.
tank rack module [-198]
unit cost growth.
MEDICAL EQUIPMENT
151 COMBAT SUPPORT MEDICAL.. 59,485 64,485 59,485 5,000 64,485
Future Warfighter [5,000] [5,000]
Shelter.
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 40,337 40,337 40,337 40,337
EQUIPMENT SYSTEMS.
153 ITEMS LESS THAN $5.0M 5,386 5,386 5,386 5,386
(MAINT EQ).
CONSTRUCTION EQUIPMENT
154 GRADER, ROAD MTZD, HVY, 5,406 5,406 5,406 5,406
6X4 (CCE).
155 SCRAPERS, EARTHMOVING... 4,188 4,188 4,188 4,188
156 LOADERS................. 4,521 4,521 4,521 4,521
157 HYDRAULIC EXCAVATOR..... 5,186 5,186 5,186 5,186
158 TRACTOR, FULL TRACKED... 4,715 4,715 4,715 4,715
159 ALL TERRAIN CRANES...... 70,560 70,560 70,560 70,560
162 CONST EQUIP ESP......... 8,925 8,925 8,925 8,925

[[Page H6718]]

RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
164 ARMY WATERCRAFT ESP..... 40,910 40,910 40,910 40,910
165 MANEUVER SUPPORT VESSEL 76,576 76,576 76,576 76,576
(MSV).
166 ITEMS LESS THAN $5.0M 1,844 1,844 1,844 1,844
(FLOAT/RAIL).
GENERATORS
167 GENERATORS AND 53,433 53,433 53,433 53,433
ASSOCIATED EQUIP.
168 TACTICAL ELECTRIC POWER 22,216 22,216 22,216 22,216
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
169 FAMILY OF FORKLIFTS..... 16,145 16,145 16,145 16,145
TRAINING EQUIPMENT
170 COMBAT TRAINING CENTERS 90,580 90,580 90,580 90,580
SUPPORT.
171 TRAINING DEVICES, 161,814 161,814 161,814 161,814
NONSYSTEM.
172 SYNTHETIC TRAINING 13,063 13,063 13,063 13,063
ENVIRONMENT (STE).
175 GAMING TECHNOLOGY IN 1,950 1,950 1,950 1,950
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
176 CALIBRATION SETS 2,511 2,511 2,511 2,511
EQUIPMENT.
177 INTEGRATED FAMILY OF 78,578 73,578 78,578 -1,364 77,214
TEST EQUIPMENT (IFTE).
ICE WATS previously [-1,364]
funded.
Program reduction... [-5,000]
178 TEST EQUIPMENT 14,941 14,941 14,941 14,941
MODERNIZATION (TEMOD).
OTHER SUPPORT EQUIPMENT
180 RAPID EQUIPPING SOLDIER 8,629 8,629 8,629 8,629
SUPPORT EQUIPMENT.
181 PHYSICAL SECURITY 75,499 72,299 87,499 8,752 84,251
SYSTEMS (OPA3).
AFRICOM UFR force [12,000] [12,000]
protection upgrades.
Early to need....... [-3,200]
Unjustified request. [-3,248]
182 BASE LEVEL COMMON 27,444 27,444 27,444 27,444
EQUIPMENT.
183 MODIFICATION OF IN-SVC 32,485 32,485 48,385 32,485
EQUIPMENT (OPA-3).
Expeditionary Solid [15,900]
Waste Disposal
System.
187 SPECIAL EQUIPMENT FOR 39,436 39,436 39,436 39,436
TEST AND EVALUATION.
OPA2
UNDISTRIBUTED
189 INITIAL SPARES--C&E..... 9,950 9,950 9,950 9,950
TOTAL OTHER 8,625,206 8,288,139 8,671,214 -343,429 8,281,777
PROCUREMENT, ARMY.

AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 24 1,761,146 24 1,761,146 24 1,761,146 -35,746 24 1,725,400
HORNET.
Ancillary equipment [-13,367]
excess cost growth.
Contract award [-14,023]
savings.
Rec flyaway ECO [-8,356]
excess growth.
002 F/A-18E/F (FIGHTER) 28,100 28,100 28,100
HORNET AP.
FY22 aircraft....... [28,100] [28,100]
003 JOINT STRIKE FIGHTER CV. 21 2,181,780 21 2,106,680 23 2,381,780 2 190,117 23 2,371,897
Additional aircraft. [2] [200,000] [2] [200,000]
Excess depot standup [-6,500]
funding.
F135 affordability [-21,000]
challenges.
Lot 15 target cost [-41,600] [-9,883]
savings.
Unjustified ALIS [-6,000]
funding.
004 JOINT STRIKE FIGHTER CV 330,386 330,386 330,386 330,386
AP.
005 JSF STOVL............... 10 1,109,393 10 1,053,893 12 1,234,893 -33,928 10 1,075,465
Additional 2 F-35B [2] [125,500]
aircraft.
Excess depot standup [-5,000]
funding.
F135 affordability [-15,000]
challenges.
Lot 15 target cost [-18,000]
savings.
Unit cost adjustment [-33,928]
Unjustified ALIS [-10,000]
funding.
Unjustified [-7,500]
production
engineering support.
006 JSF STOVL AP............ 303,035 303,035 303,035 303,035
007 CH-53K (HEAVY LIFT)..... 7 813,324 7 813,324 7 793,324 -12,690 7 800,634
Force Design 2030 [-20,000] [-12,690]
realignment NRE
excess.
008 CH-53K (HEAVY LIFT) AP.. 201,188 201,188 191,188 201,188
Force Design 2030 [-10,000]
realignment.
009 V-22 (MEDIUM LIFT)...... 9 934,793 11 1,146,193 9 934,793 2 187,156 11 1,121,949
CMV unit cost [-24,244]
adjustment.
Navy UPL............ [2] [211,400] [2] [211,400]
010 V-22 (MEDIUM LIFT) AP... 39,547 39,547 39,547 39,547
011 H-1 UPGRADES (UH-1Y/AH- 7,267 7,267 7,267 7,267
1Z).
013 P-8A POSEIDON........... 80,134 6 1,020,034 80,134 8 1,339,900 8 1,420,034
Additional aircraft [6] [1,020,000] [8] [1,420,000]
only for the Navy
Reserve.
Line shutdown early [-80,100] [-80,100]
to need.
015 E-2D ADV HAWKEYE........ 4 626,109 4 626,109 4 626,109 -15,003 4 611,106
unjustified growth [-15,003]
peculiar training
equipment.
016 E-2D ADV HAWKEYE AP..... 123,166 123,166 123,166 123,166
TRAINER AIRCRAFT
017 ADVANCED HELICOPTER 36 269,867 36 269,867 36 269,867 -33,721 36 236,146
TRAINING SYSTEM.
Other ILS excess [-33,721]
growth.
OTHER AIRCRAFT
018 KC-130J................. 5 380,984 5 380,984 5 380,984 -5,426 5 375,558
Unit cost growth.... [-5,426]

[[Page H6719]]

019 KC-130J AP.............. 67,022 67,022 67,022 67,022
021 MQ-4 TRITON............. 150,570 1 280,570 100,570 1 93,894 1 244,464
Excess funding given [-50,000]
procurement pause
until FY23.
One additional [1] [130,000] [1] [130,000]
aircraft.
Production line [-36,106]
preservation costs
excess to need.
023 MQ-8 UAV................ 40,375 40,375 40,375 40,375
024 STUASL0 UAV............. 30,930 30,930 30,930 30,930
026 VH-92A EXECUTIVE HELO... 5 610,231 5 610,231 5 610,231 -21,189 5 589,042
ECO price adjustment [-1,010]
Unit cost adjustment [-20,179]
MODIFICATION OF AIRCRAFT
028 F-18 A-D UNIQUE......... 208,261 208,261 208,261 -12,551 195,710
USMC AESA radar [-12,551]
excess unit cost
growth (OSIP 21-00;
ECP 583).
029 F-18E/F AND EA-18G 468,954 468,954 468,954 -39,494 429,460
MODERNIZATION AND
SUSTAINM.
OSIP 11-10 support [-14,723]
excess growth.
OSIP 11-10 unit cost [-15,787]
growth.
OSIP 11-10 [-8,984]
unstallation
equipment excess
growth.
030 AEA SYSTEMS............. 21,061 21,061 21,061 21,061
031 AV-8 SERIES............. 34,082 34,082 34,082 34,082
032 INFRARED SEARCH AND 158,055 158,055 158,055 -30,360 127,695
TRACK (IRST).
Installation [-9,654]
equipment excess
growth.
Support equipment [-20,706]
excess growth.
033 ADVERSARY............... 42,946 42,946 42,946 42,946
034 F-18 SERIES............. 379,351 379,351 379,351 379,351
035 H-53 SERIES............. 74,771 74,771 74,771 74,771
036 MH-60 SERIES............ 131,584 136,584 131,584 5,000 136,584
Program increase-- [5,000] [5,000]
Alternative low
frequency active
sonar for risk
reduction.
037 H-1 SERIES.............. 185,140 185,140 185,140 -32,578 152,562
APR-39D(V)2 kits [-6,720]
early to need.
ECS thermal kits [-1,245]
previously funded.
FMV Phase 2.0 kits [-2,440]
previously funded.
Installation [-4,379]
equipment NRE excess
growth.
Installation [-4,317]
equipment NRE
unjustified request.
Other support excess [-5,256]
growth.
Rotor brake system [-5,500]
kits previously
funded.
Target sight system [-2,721]
block upgrade unit
cost growth.
038 EP-3 SERIES............. 26,602 26,602 26,602 26,602
040 E-2 SERIES.............. 175,540 175,540 175,540 175,540
041 TRAINER A/C SERIES...... 7,085 7,085 7,085 7,085
042 C-2A.................... 9,525 9,525 9,525 9,525
043 C-130 SERIES............ 141,705 141,705 141,705 -17,052 124,653
GFE excess growth... [-8,509]
Installation excess [-1,802]
growth.
JAGM A kit [-6,741]
procurement and
installation early
to need.
044 FEWSG................... 684 684 684 684
045 CARGO/TRANSPORT A/C 8,911 8,911 8,911 8,911
SERIES.
046 E-6 SERIES.............. 197,206 197,206 197,206 197,206
047 EXECUTIVE HELICOPTERS 29,086 29,086 29,086 29,086
SERIES.
049 T-45 SERIES............. 155,745 155,745 155,745 155,745
050 POWER PLANT CHANGES..... 24,633 24,633 24,633 24,633
051 JPATS SERIES............ 22,682 22,682 22,682 22,682
052 AVIATION LIFE SUPPORT 40,401 40,401 45,401 5,000 45,401
MODS.
Aviation body armor [5,000] [5,000]
vest.
053 COMMON ECM EQUIPMENT.... 138,480 138,480 138,480 -4,110 134,370
H-1 kit cost growth [-2,091]
(OSIP 014-90).
MV-22 kit cost [-2,019]
growth (OSIP 014-90).
054 COMMON AVIONICS CHANGES. 143,322 143,322 143,322 143,322
055 COMMON DEFENSIVE WEAPON 2,142 2,142 2,142 2,142
SYSTEM.
056 ID SYSTEMS.............. 35,999 35,999 35,999 35,999
057 P-8 SERIES.............. 180,530 180,530 180,530 -7,709 172,821
Increment 3 aircrew [-7,709]
trainers previously
funded.
058 MAGTF EW FOR AVIATION... 27,794 27,794 27,794 27,794
059 MQ-8 SERIES............. 28,774 28,774 28,774 28,774
060 V-22 (TILT/ROTOR ACFT) 334,405 334,405 334,405 334,405
OSPREY.
061 NEXT GENERATION JAMMER 176,638 176,638 176,638 176,638
(NGJ).
062 F-35 STOVL SERIES....... 153,588 146,388 153,588 -7,200 146,388
Block IV/TR3 upgrade [-7,200] [-7,200]
delays.
063 F-35 CV SERIES.......... 105,452 99,552 105,452 -5,900 99,552
Block IV/TR3 upgrade [-5,900] [-5,900]
delays.
064 QRC..................... 126,618 126,618 126,618 126,618
065 MQ-4 SERIES............. 12,998 12,998 12,998 -3,029 9,969
Operating base [-3,029]
installation early
to need.
066 RQ-21 SERIES............ 18,550 18,550 18,550 -3,825 14,725
SURFR payload suite [-3,825]
unit cost growth.

[[Page H6720]]

AIRCRAFT SPARES AND
REPAIR PARTS
070 SPARES AND REPAIR PARTS. 2,198,460 2,198,460 2,228,460 -109,781 2,088,679
Additional F-35B/C [30,000] [30,000]
spares.
CH-53K spares excess [-25,984]
growth.
E-2D AHE spares [-14,773]
excess growth.
Spares for [-47,555]
modifications excess
growth.
Spares for repair of [-15,300]
repairables excess
growth.
VH-92 spares excess [-36,169]
growth.
AIRCRAFT SUPPORT EQUIP &
FACILITIES
UNDISTRIBUTED
071 COMMON GROUND EQUIPMENT. 543,559 543,559 543,559 543,559
072 AIRCRAFT INDUSTRIAL 75,685 75,685 75,685 75,685
FACILITIES.
073 WAR CONSUMABLES......... 40,633 40,633 40,633 40,633
074 OTHER PRODUCTION CHARGES 21,194 21,194 21,194 21,194
075 SPECIAL SUPPORT 155,179 155,179 155,179 155,179
EQUIPMENT.
076 FIRST DESTINATION 2,121 2,121 2,121 2,121
TRANSPORTATION.
TOTAL AIRCRAFT 121 17,127,378 130 18,298,078 125 17,407,878 13 1,417,875 134 18,545,253
PROCUREMENT, NAVY.

WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF MISSILES
001 TRIDENT II MODS......... 1,173,837 1,173,837 1,173,837 1,173,837
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,275 7,275 7,275 7,275
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK................ 155 277,694 155 277,694 165 303,694 -29,820 155 247,874
Contract award delay [-26,040]
Program increase for [10] [26,000]
USMC Tomahawk.
Unit cost carryover. [-3,780]
TACTICAL MISSILES
004 AMRAAM.................. 325 326,952 325 326,952 325 326,952 325 326,952
005 SIDEWINDER.............. 270 126,485 270 126,485 270 126,485 270 126,485
007 STANDARD MISSILE........ 125 456,206 125 456,206 125 456,206 -50,000 125 406,206
Transition to [-50,000]
production request
unjustified.
008 STANDARD MISSILE AP..... 66,716 66,716 66,716 66,716
009 SMALL DIAMETER BOMB II.. 357 78,867 357 78,867 357 78,867 -4,600 357 74,267
Contract award delay [-4,600]
010 RAM..................... 100 90,533 100 90,533 100 90,533 100 90,533
011 JOINT AIR GROUND MISSILE 203 49,386 203 49,386 203 49,386 203 49,386
(JAGM).
014 AERIAL TARGETS.......... 174,336 174,336 174,336 -2,928 171,408
EM443 hardware [-2,375]
procurements/
modifications excess
growth.
EM702 ground [-553]
equipment previously
funded.
015 DRONES AND DECOYS....... 68 41,256 68 41,256 68 41,256 -21,300 68 19,956
MALD concurrency.... [-21,300]
016 OTHER MISSILE SUPPORT... 3,501 3,501 3,501 3,501
017 LRASM................... 48 168,845 48 168,845 58 203,845 48 168,845
Additional Navy [10] [35,000]
LRASM missiles.
018 LCS OTH MISSILE......... 15 32,910 15 32,910 15 32,910 15 32,910
MODIFICATION OF MISSILES
019 TOMAHAWK MODS........... 164,915 164,915 164,915 -3,607 161,308
MST kits excess cost [-3,607]
growth.
020 ESSM.................... 120 215,375 120 206,475 120 215,375 -2,738 120 212,637
Excessive production [-8,900] [-2,738]
support growth.
022 HARM MODS............... 24 147,572 24 147,572 24 147,572 -24,923 24 122,649
AARGM AUR [-7,060]
installation kits
excess cost growth.
AARGM ER [-16,657]
installation kits
excess cost.
AARGM ER long lead [-1,206]
compontents
unjustified request.
023 STANDARD MISSILES MODS.. 83,654 17,254 83,654 -9,000 74,654
SM-2 Blk IIC [-66,400]
excessive
concurrency.
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 1,996 1,996
FACILITIES.
025 FLEET SATELLITE COMM 53,401 53,401 53,401 53,401
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 215,659 215,659 215,659 215,659
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
028 SSTD.................... 5,811 5,811 3,611 5,811
Insufficient [-2,200]
justification for
ADC non-recurring
costs.
029 MK-48 TORPEDO........... 110 284,901 110 284,901 110 284,901 110 284,901
030 ASW TARGETS............. 13,833 13,833 13,833 13,833
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS...... 110,286 110,286 100,286 -6,845 103,441
HAAWC kits early to [-6,845]
need.
Mk 54 Mod 0 [-10,000]
production delays.
032 MK-48 TORPEDO ADCAP MODS 57,214 57,214 57,214 57,214
033 MARITIME MINES.......... 5,832 5,832 5,832 5,832
SUPPORT EQUIPMENT

[[Page H6721]]

034 TORPEDO SUPPORT 97,581 97,581 97,581 97,581
EQUIPMENT.
035 ASW RANGE SUPPORT....... 4,159 4,159 4,159 4,159
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 4,106 4,106 4,106 4,106
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND WEAPONS.. 16,030 16,030 16,030 16,030
MODIFICATION OF GUNS AND
GUN MOUNTS
038 CIWS MODS............... 37,147 37,147 37,147 37,147
039 COAST GUARD WEAPONS..... 45,804 45,804 45,804 45,804
040 GUN MOUNT MODS.......... 74,427 74,427 74,427 74,427
041 LCS MODULE WEAPONS...... 32 4,253 32 4,253 32 4,253 32 4,253
042 AIRBORNE MINE 6,662 6,662 6,662 6,662
NEUTRALIZATION SYSTEMS.
SPARES AND REPAIR PARTS
UNDISTRIBUTED
045 SPARES AND REPAIR PARTS. 159,578 159,578 159,578 159,578
TOTAL WEAPONS 1,952 4,884,995 1,952 4,809,695 1,972 4,933,795 -155,761 1,952 4,729,234
PROCUREMENT, NAVY.

PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS... 41,496 41,496 41,496 41,496
002 JDAM.................... 2,865 64,631 2,865 64,631 2,865 64,631 2,865 64,631
003 AIRBORNE ROCKETS, ALL 60,719 60,719 60,719 60,719
TYPES.
004 MACHINE GUN AMMUNITION.. 11,158 11,158 11,158 11,158
005 PRACTICE BOMBS.......... 51,409 51,409 51,409 51,409
006 CARTRIDGES & CART 64,694 64,694 64,694 64,694
ACTUATED DEVICES.
007 AIR EXPENDABLE 51,523 51,523 51,523 51,523
COUNTERMEASURES.
008 JATOS................... 6,761 6,761 6,761 6,761
009 5 INCH/54 GUN AMMUNITION 31,517 31,517 31,517 -2,043 29,474
MK 187 mod 0 [-2,043]
projectile unit cost
growth.
010 INTERMEDIATE CALIBER GUN 38,005 38,005 38,005 -1,867 36,138
AMMUNITION.
BA23 contract award [-1,867]
delay.
011 OTHER SHIP GUN 40,626 40,626 40,626 40,626
AMMUNITION.
012 SMALL ARMS & LANDING 48,202 48,202 48,202 48,202
PARTY AMMO.
013 PYROTECHNIC AND 9,766 9,766 9,766 9,766
DEMOLITION.
015 AMMUNITION LESS THAN $5 2,115 2,115 2,115 2,115
MILLION.
MARINE CORPS AMMUNITION
UNDISTRIBUTED
016 MORTARS................. 46,781 46,781 46,781 46,781
017 DIRECT SUPPORT MUNITIONS 119,504 79,662 79,704 -39,842 79,662
Program decrease.... [-39,800]
USMC identified [-39,842] [-39,842]
funds excess to need.
018 INFANTRY WEAPONS 83,220 83,220 83,220 -9,319 73,901
AMMUNITION.
A059 unit cost [-8,195]
growth.
A940 LAP contract [-79]
price savings.
AB57 unit cost [-1,045]
growth.
019 COMBAT SUPPORT MUNITIONS 32,650 32,650 32,650 32,650
020 AMMO MODERNIZATION...... 15,144 15,144 15,144 15,144
021 ARTILLERY MUNITIONS..... 59,539 59,539 59,539 59,539
022 ITEMS LESS THAN $5 4,142 4,142 4,142 4,142
MILLION.
TOTAL PROCUREMENT 2,865 883,602 2,865 843,760 2,865 843,802 -53,071 2,865 830,531
OF AMMO, NAVY & MC.

SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC MISSILE
SHIPS
001 OHIO REPLACEMENT 1 2,891,475 1 2,891,475 1 2,891,475 1 2,891,475
SUBMARINE.
002 OHIO REPLACEMENT 1,123,175 1,123,175 1,298,175 130,000 1,253,175
SUBMARINE AP.
Submarine supplier [175,000] [130,000]
stability.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 997,544 907,544 997,544 -90,000 907,544
PROGRAM.
Full funding early [-90,000] [-90,000]
to need.
004 CVN-81.................. 1,645,606 1,465,606 1,645,606 -39,174 1,606,432
Full funding early [-180,000] [-39,174]
to need.
005 VIRGINIA CLASS SUBMARINE 1 2,334,693 2 4,630,693 1 2,260,293 1 2,285,778 2 4,620,471
Restore second [1] [2,296,000] [1] [2,296,000]
Virginia-class SSN.
Unjustified cost [-74,400] [-10,222]
growth.
006 VIRGINIA CLASS SUBMARINE 1,901,187 2,173,187 2,373,187 272,000 2,173,187
Long lead material [472,000]
for option ship.
Restore second [272,000] [272,000]
Virginia-class SSN.
007 CVN REFUELING OVERHAULS. 1,878,453 1,878,453 1,878,453 1,878,453
008 CVN REFUELING OVERHAULS 17,384 17,384 17,384 17,384
AP.
009 DDG 1000................ 78,205 78,205 78,205 78,205
010 DDG-51.................. 2 3,040,270 2 3,040,270 2 3,010,270 -30,000 2 3,010,270
Available prior-year [-30,000] [-30,000]
funds.
011 DDG-51 AP............... 29,297 29,297 464,297 305,000 334,297
LLTM for FY22 DDG- [260,000] [130,000]
51s.
Surface ship [175,000] [175,000]
supplier stability.
013 FFG-FRIGATE............. 1 1,053,123 1 954,523 1 1,053,123 1 1,053,123
Anticipated learning [-98,600]
curve.
AMPHIBIOUS SHIPS
014 LPD FLIGHT II........... 1 1,155,801 1 1,118,101 905,801 -1 -30,000 1,125,801
Excessive unit cost [-37,700] [-28,000]
growth.

[[Page H6722]]

Previously [-1] [-1]
authorized.
Transfer to Line 15. [-250,000] [-2,000]
015 LPD FLIGHT II AP........ 500,000 2,000 2,000
LPD-32 and LPD-33 [250,000]
program increase.
Transfer from Line [250,000] [2,000]
14 for LPD-32 and
LPD-33.
017 LHA REPLACEMENT......... 250,000 500,000 500,000
LHA-9 program [250,000] [500,000]
increase.
019 EXPEDITIONARY FAST 1 260,000 1 260,000 1 260,000
TRANSPORT (EPF).
One additional ship. [1] [260,000] [1] [260,000]
UNDISTRIBUTED
022 TOWING, SALVAGE, AND 2 168,209 2 168,209 2 168,209 2 168,209
RESCUE SHIP (ATS).
023 LCU 1700................ 5 87,395 5 87,395 4 70,395 5 87,395
Insufficient [-1] [-17,000]
justification.
024 OUTFITTING.............. 825,586 825,586 747,286 -59,252 766,334
Unjustified cost [-78,300] [-59,252]
growth.
026 SERVICE CRAFT........... 249,781 249,781 275,281 249,781
Accelerate YP-703 [25,500]
Flight II.
027 LCAC SLEP............... 3 56,461 3 56,461 3 56,461
Insufficient [-3] [-56,461]
justification.
028 COMPLETION OF PY 369,112 369,112 369,112 369,112
SHIPBUILDING PROGRAMS.
TOTAL SHIPBUILDING 16 19,902,757 18 22,324,457 11 21,254,096 1 3,506,352 17 23,409,109
AND CONVERSION,
NAVY.

OTHER PROCUREMENT, NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER EQUIPMENT. 11,738 11,738 11,738 11,738
GENERATORS
002 SURFACE COMBATANT HM&E.. 58,497 58,497 38,497 -3,687 54,810
Hardware and [15,000]
software upgrades
for 5 previously
procured HED ship
sets.
HED installation [-35,000]
early to need.
HM&E condition [-3,687]
system unjustified
growth.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 74,084 74,084 74,084 74,084
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, IMAGING 204,806 204,806 204,806 204,806
AND SUPT EQUIP PROG.
005 DDG MOD................. 547,569 531,169 497,569 -35,414 512,155
Excessive CSSQT cost [-16,400]
growth.
Installation excess [-50,000] [-35,414]
unit cost growth.
006 FIREFIGHTING EQUIPMENT.. 18,394 18,394 18,394 18,394
007 COMMAND AND CONTROL 2,374 2,374 2,374 2,374
SWITCHBOARD.
008 LHA/LHD MIDLIFE......... 78,265 78,265 78,265 78,265
009 POLLUTION CONTROL 23,035 23,035 23,035 23,035
EQUIPMENT.
010 SUBMARINE SUPPORT 64,632 60,132 64,632 64,632
EQUIPMENT.
Excess cost growth.. [-4,500]
011 VIRGINIA CLASS SUPPORT 22,868 22,868 22,868 22,868
EQUIPMENT.
012 LCS CLASS SUPPORT 3,976 3,976 3,976 3,976
EQUIPMENT.
013 SUBMARINE BATTERIES..... 31,322 31,322 31,322 31,322
014 LPD CLASS SUPPORT 50,475 55,475 50,475 5,000 55,475
EQUIPMENT.
Electronic actuator [5,000] [5,000]
pilot program.
015 DDG 1000 CLASS SUPPORT 42,279 36,779 42,279 -5,500 36,779
EQUIPMENT.
Excess cost growth.. [-5,500] [-5,500]
016 STRATEGIC PLATFORM 15,429 15,429 15,429 15,429
SUPPORT EQUIP.
017 DSSP EQUIPMENT.......... 2,918 2,918 2,918 2,918
018 CG MODERNIZATION........ 87,978 87,978 87,978 87,978
019 LCAC.................... 9,366 9,366 9,366 9,366
020 UNDERWATER EOD EQUIPMENT 16,842 16,842 16,842 16,842
021 ITEMS LESS THAN $5 105,715 95,715 105,715 105,715
MILLION.
Cost growth......... [-10,000]
022 CHEMICAL WARFARE 3,044 3,044 3,044 3,044
DETECTORS.
023 SUBMARINE LIFE SUPPORT 5,885 5,885 5,885 5,885
SYSTEM.
REACTOR PLANT EQUIPMENT
024 SHIP MAINTENANCE, REPAIR 1,260,721 400,621 1,260,721 -12,100 1,248,621
AND MODERNIZATION.
LCS in-service [-12,100] [-12,100]
modernization excess
cost growth.
Realignment to OPN- [-198,000]
24A for Shipyard
Infrastructure
Optimization Plan.
Transfer to O&M for [-650,000]
ship depot
maintenance.
024A SHIPYARD INFRASTRUCTURE 198,000
OPTIMIZATION PLAN.
Realignment from OPN- [198,000]
24 for Shipyard
Infrastructure
Optimization Plan.
025 REACTOR POWER UNITS..... 5,305 5,305 5,305 5,305
026 REACTOR COMPONENTS...... 415,404 415,404 415,404 415,404
OCEAN ENGINEERING
027 DIVING AND SALVAGE 11,143 11,143 11,143 11,143
EQUIPMENT.
SMALL BOATS
028 STANDARD BOATS.......... 52,371 52,371 52,371 52,371
PRODUCTION FACILITIES
EQUIPMENT
029 OPERATING FORCES IPE.... 233,667 233,667 233,667 233,667
OTHER SHIP SUPPORT
030 LCS COMMON MISSION 39,714 39,714 17,414 39,714
MODULES EQUIPMENT.
MCM containers and [-22,300]
MPCE sonar
processing
insufficient
justification.

[[Page H6723]]

031 LCS MCM MISSION MODULES. 218,822 167,922 95,322 -31,214 187,608
COBRA early to need. [-9,300]
Excess procurement [-123,500] [-31,214]
ahead of
satisfactory testing.
Knifefish early to [-41,600]
need.
032 LCS ASW MISSION MODULES. 61,759 61,759 4,759 -23,400 38,359
Excess procurement [-57,000] [-23,400]
ahead of
satisfactory testing.
033 LCS SUW MISSION MODULES. 24,412 24,412 24,412 24,412
034 LCS IN-SERVICE 121,848 151,848 121,848 121,848
MODERNIZATION.
Preservation of LCS [30,000]
3 and LCS 4.
035 SMALL & MEDIUM UUV...... 67,709 43,709 37,609 -30,100 37,609
Early to need based [-24,000]
on IOTE schedule.
SMCM UUV excess [-30,100] [-30,100]
procurement ahead of
satisfactory testing.
SHIP SONARS
037 SPQ-9B RADAR............ 27,517 27,517 27,517 27,517
038 AN/SQQ-89 SURF ASW 128,664 128,664 128,664 128,664
COMBAT SYSTEM.
039 SSN ACOUSTIC EQUIPMENT.. 374,737 374,737 374,737 374,737
040 UNDERSEA WARFARE SUPPORT 9,286 9,286 9,286 9,286
EQUIPMENT.
ASW ELECTRONIC EQUIPMENT
041 SUBMARINE ACOUSTIC 26,066 26,066 26,066 26,066
WARFARE SYSTEM.
042 SSTD.................... 13,241 13,241 13,241 13,241
043 FIXED SURVEILLANCE 193,446 193,446 193,446 193,446
SYSTEM.
044 SURTASS................. 63,838 63,838 63,838 63,838
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32............... 387,195 387,195 330,795 -33,234 353,961
Early to need....... [-56,400] [-33,234]
RECONNAISSANCE EQUIPMENT
046 SHIPBOARD IW EXPLOIT.... 235,744 223,644 235,744 -8,407 227,337
Excess cost growth.. [-12,100] [-8,407]
047 AUTOMATED IDENTIFICATION 3,862 3,862 3,862 3,862
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
048 COOPERATIVE ENGAGEMENT 26,006 26,006 18,706 26,006
CAPABILITY.
Common Array Block [-7,300]
antenna program
delays.
049 NAVAL TACTICAL COMMAND 15,385 15,385 15,385 15,385
SUPPORT SYSTEM (NTCSS).
050 ATDLS................... 103,835 103,835 103,835 103,835
051 NAVY COMMAND AND CONTROL 3,594 3,594 3,594 3,594
SYSTEM (NCCS).
052 MINESWEEPING SYSTEM 15,744 15,744 15,744 15,744
REPLACEMENT.
053 SHALLOW WATER MCM....... 5,493 5,493 5,493 5,493
054 NAVSTAR GPS RECEIVERS 38,043 38,043 38,043 38,043
(SPACE).
055 AMERICAN FORCES RADIO 2,592 2,592 2,592 2,592
AND TV SERVICE.
056 STRATEGIC PLATFORM 7,985 7,985 7,985 7,985
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
057 ASHORE ATC EQUIPMENT.... 83,475 83,475 83,475 83,475
058 AFLOAT ATC EQUIPMENT.... 65,113 65,113 65,113 65,113
059 ID SYSTEMS.............. 23,815 23,815 23,815 23,815
060 JOINT PRECISION APPROACH 100,751 100,751 100,751 100,751
AND LANDING SYSTEM (.
061 NAVAL MISSION PLANNING 13,947 13,947 13,947 13,947
SYSTEMS.
OTHER SHORE ELECTRONIC
EQUIPMENT
062 MARITIME INTEGRATED 1,375 1,375 1,375 1,375
BROADCAST SYSTEM.
063 TACTICAL/MOBILE C4I 22,771 22,771 22,771 22,771
SYSTEMS.
064 DCGS-N.................. 18,872 18,872 18,872 18,872
065 CANES................... 389,585 389,585 389,585 389,585
066 RADIAC.................. 10,335 10,335 10,335 10,335
067 CANES-INTELL............ 48,654 48,654 48,654 48,654
068 GPETE................... 8,133 8,133 8,133 8,133
069 MASF.................... 4,150 4,150 4,150 4,150
070 INTEG COMBAT SYSTEM TEST 5,934 5,934 5,934 5,934
FACILITY.
071 EMI CONTROL 4,334 4,334 4,334 4,334
INSTRUMENTATION.
072 ITEMS LESS THAN $5 159,815 159,815 105,015 -5,243 154,572
MILLION.
NGSSR available [-54,800] [-5,243]
prior year funds.
SHIPBOARD COMMUNICATIONS
073 SHIPBOARD TACTICAL 56,106 56,106 56,106 56,106
COMMUNICATIONS.
074 SHIP COMMUNICATIONS 124,288 124,288 124,288 124,288
AUTOMATION.
075 COMMUNICATIONS ITEMS 45,120 45,120 45,120 45,120
UNDER $5M.
SUBMARINE COMMUNICATIONS
076 SUBMARINE BROADCAST 31,133 31,133 31,133 31,133
SUPPORT.
077 SUBMARINE COMMUNICATION 62,214 62,214 62,214 62,214
EQUIPMENT.
SATELLITE COMMUNICATIONS
078 SATELLITE COMMUNICATIONS 47,421 47,421 47,421 47,421
SYSTEMS.
079 NAVY MULTIBAND TERMINAL 64,552 64,552 64,552 64,552
(NMT).
SHORE COMMUNICATIONS
080 JOINT COMMUNICATIONS 4,398 4,398 4,398 4,398
SUPPORT ELEMENT (JCSE).
CRYPTOGRAPHIC EQUIPMENT
081 INFO SYSTEMS SECURITY 157,551 147,551 157,551 157,551
PROGRAM (ISSP).
Program decrease.... [-10,000]
082 MIO INTEL EXPLOITATION 985 985 985 985
TEAM.
CRYPTOLOGIC EQUIPMENT
083 CRYPTOLOGIC 15,906 15,906 15,906 15,906
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC SUPPORT
090 COAST GUARD EQUIPMENT... 70,689 70,689 70,689 70,689

[[Page H6724]]

SONOBUOYS
092 SONOBUOYS--ALL TYPES.... 237,639 286,639 286,739 49,100 286,739
Inventory increase.. [49,000]
Program increase for [49,100] [49,100]
sonobuoys.
AIRCRAFT SUPPORT
EQUIPMENT
093 MINOTAUR................ 5,077 5,077 5,077 5,077
094 WEAPONS RANGE SUPPORT 83,969 83,969 83,969 83,969
EQUIPMENT.
095 AIRCRAFT SUPPORT 187,758 187,758 187,758 187,758
EQUIPMENT.
096 ADVANCED ARRESTING GEAR 16,059 16,059 16,059 16,059
(AAG).
097 METEOROLOGICAL EQUIPMENT 15,192 15,192 15,192 15,192
099 LEGACY AIRBORNE MCM..... 6,674 6,674 6,674 6,674
100 LAMPS EQUIPMENT......... 1,189 1,189 1,189 1,189
101 AVIATION SUPPORT 58,873 58,873 58,873 58,873
EQUIPMENT.
102 UMCS-UNMAN CARRIER 60,937 60,937 60,937 -9,967 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 document [-1,837]
excess growth.
SHIP GUN SYSTEM
EQUIPMENT
103 SHIP GUN SYSTEMS 5,540 5,540 5,540 5,540
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
104 HARPOON SUPPORT 208 208 208 208
EQUIPMENT.
105 SHIP MISSILE SUPPORT 262,077 252,077 262,077 -10,000 252,077
EQUIPMENT.
Excess cost growth.. [-10,000] [-10,000]
106 TOMAHAWK SUPPORT 84,087 76,087 84,087 -3,605 80,482
EQUIPMENT.
TMPC cost growth.... [-8,000] [-3,605]
FBM SUPPORT EQUIPMENT
107 STRATEGIC MISSILE 258,910 258,910 258,910 258,910
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
108 SSN COMBAT CONTROL 173,770 173,770 173,770 173,770
SYSTEMS.
109 ASW SUPPORT EQUIPMENT... 26,584 26,584 26,584 26,584
OTHER ORDNANCE SUPPORT
EQUIPMENT
110 EXPLOSIVE ORDNANCE 7,470 7,470 7,470 7,470
DISPOSAL EQUIP.
111 ITEMS LESS THAN $5 6,356 6,356 6,356 6,356
MILLION.
OTHER EXPENDABLE
ORDNANCE
112 ANTI-SHIP MISSILE DECOY 86,356 86,356 86,356 -14,300 72,056
SYSTEM.
AOEW production ramp [-10,800]
AOEW production [-3,500]
support.
113 SUBMARINE TRAINING 69,240 69,240 69,240 69,240
DEVICE MODS.
114 SURFACE TRAINING 192,245 192,245 192,245 192,245
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
115 PASSENGER CARRYING 6,123 6,123 6,123 6,123
VEHICLES.
116 GENERAL PURPOSE TRUCKS.. 2,693 2,693 2,693 2,693
117 CONSTRUCTION & 47,301 47,301 47,301 47,301
MAINTENANCE EQUIP.
118 FIRE FIGHTING EQUIPMENT. 10,352 10,352 10,352 10,352
119 TACTICAL VEHICLES....... 31,475 31,475 31,475 31,475
121 POLLUTION CONTROL 2,630 2,630 2,630 2,630
EQUIPMENT.
122 ITEMS LESS THAN $5 47,972 47,972 47,972 47,972
MILLION.
123 PHYSICAL SECURITY 1,171 1,171 1,171 1,171
VEHICLES.
SUPPLY SUPPORT EQUIPMENT
124 SUPPLY EQUIPMENT........ 19,693 19,693 19,693 19,693
125 FIRST DESTINATION 4,956 4,956 4,956 4,956
TRANSPORTATION.
126 SPECIAL PURPOSE SUPPLY 668,639 638,639 668,639 668,639
SYSTEMS.
Program decrease.... [-30,000]
TRAINING DEVICES
127 TRAINING SUPPORT 4,026 4,026 4,026 4,026
EQUIPMENT.
128 TRAINING AND EDUCATION 73,454 73,454 73,454 73,454
EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
129 COMMAND SUPPORT 32,390 32,390 32,390 32,390
EQUIPMENT.
130 MEDICAL SUPPORT 974 974 974 974
EQUIPMENT.
132 NAVAL MIP SUPPORT 5,606 5,606 5,606 5,606
EQUIPMENT.
133 OPERATING FORCES SUPPORT 16,024 16,024 16,024 16,024
EQUIPMENT.
134 C4ISR EQUIPMENT......... 6,697 6,697 6,697 6,697
135 ENVIRONMENTAL SUPPORT 27,503 27,503 27,503 27,503
EQUIPMENT.
136 PHYSICAL SECURITY 138,281 138,281 138,281 138,281
EQUIPMENT.
137 ENTERPRISE INFORMATION 42,680 42,680 42,680 42,680
TECHNOLOGY.
OTHER
140 NEXT GENERATION 184,443 184,443 184,443 184,443
ENTERPRISE SERVICE.
141 CYBERSPACE ACTIVITIES... 16,523 16,523 16,523 16,523
CLASSIFIED PROGRAMS
41A CLASSIFIED PROGRAMS..... 18,446 18,446 18,446 18,446
SPARES AND REPAIR PARTS
142 SPARES AND REPAIR PARTS. 374,195 421,195 374,195 374,195
SPY-1 battle spare.. [47,000]
TOTAL OTHER 10,948,518 10,236,018 10,576,218 -172,071 10,776,447
PROCUREMENT, NAVY.

PROCUREMENT, MARINE
CORPS

[[Page H6725]]

TRACKED COMBAT VEHICLES
001 AAV7A1 PIP.............. 87,476 87,476 87,476 87,476
002 AMPHIBIOUS COMBAT 72 478,874 72 478,874 72 478,874 -22,546 72 456,328
VEHICLE FAMILY OF
VEHICLES.
ILS excess growth... [-2,074]
Peculiar training [-2,550]
equipment and
simulators
previously funded.
Production support [-1,713]
previously funded.
Surface vehicle cost [-7,347]
prior year carryover.
System engineering [-8,862]
program management
previously funded.
003 LAV PIP................. 41,988 41,988 41,988 41,988
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT TOWED 59 59 59 59
HOWITZER.
005 ARTILLERY WEAPONS SYSTEM 174,687 31 234,337 36 234,287 -62,500 112,187
Ground Based Anti- [31] [59,650]
Ship Missiles--USMC
UPL.
Ground-Based Anti- [36] [59,600]
Ship Missile NSM.
Missiles excess to [-62,500]
need.
006 WEAPONS AND COMBAT 24,867 24,867 24,867 -910 23,957
VEHICLES UNDER $5
MILLION.
RHGPK production [-910]
units previously
funded and cost
growth.
OTHER SUPPORT
007 MODIFICATION KITS....... 3,067 -33 -3,067
Program decrease.... [-3,100]
USMC funds [-3,067] [-3,067]
identified excess to
need.
GUIDED MISSILES
008 GROUND BASED AIR DEFENSE 18,920 18,920 18,920 18,920
009 ANTI-ARMOR MISSILE- 98 19,888 98 19,888 98 19,888 98 19,888
JAVELIN.
010 FAMILY ANTI-ARMOR WEAPON 21,891 21,891 21,891 21,891
SYSTEMS (FOAAWS).
011 ANTI-ARMOR MISSILE-TOW.. 34,985 34,985 34,985 34,985
012 GUIDED MLRS ROCKET 952 133,689 952 133,689 952 133,689 952 133,689
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION COMMAND 35,057 35,057 35,057 35,057
AND CONTROL SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 24,405 24,405 24,405 24,405
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS....... 1,006 1,006 1,006 1,006
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 MILLION 69,725 69,725 69,725 69,725
(COMM & ELEC).
017 AIR OPERATIONS C2 15,611 15,611 15,611 15,611
SYSTEMS.
RADAR + EQUIPMENT (NON-
TEL)
019 GROUND/AIR TASK ORIENTED 8 284,283 8 284,283 8 284,283 8 284,283
RADAR (G/ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC................. 1,587 1,587 1,587 1,587
021 FIRE SUPPORT SYSTEM..... 24,934 24,934 24,934 24,934
022 INTELLIGENCE SUPPORT 50,728 50,728 50,728 50,728
EQUIPMENT.
024 UNMANNED AIR SYSTEMS 24,853 24,853 24,853 24,853
(INTEL).
025 DCGS-MC................. 38,260 38,260 38,260 38,260
026 UAS PAYLOADS............ 5,489 5,489 5,489 5,489
OTHER SUPPORT (NON-TEL)
029 NEXT GENERATION 78,922 78,922 78,922 -2,511 76,411
ENTERPRISE NETWORK
(NGEN).
Network equipment [-2,511]
tech refresh
previously funded.
030 COMMON COMPUTER 35,349 35,349 35,349 35,349
RESOURCES.
031 COMMAND POST SYSTEMS.... 33,713 33,713 33,713 33,713
032 RADIO SYSTEMS........... 343,250 343,250 343,250 -2,900 340,350
Program decrease.... [-2,900]
033 COMM SWITCHING & CONTROL 40,627 40,627 40,627 40,627
SYSTEMS.
034 COMM & ELEC 43,782 43,782 43,782 43,782
INFRASTRUCTURE SUPPORT.
035 CYBERSPACE ACTIVITIES... 53,896 53,896 53,896 53,896
CLASSIFIED PROGRAMS
36A CLASSIFIED PROGRAMS..... 3,797 3,797 3,797 3,797
ADMINISTRATIVE VEHICLES
037 COMMERCIAL CARGO 22,460 22,460 22,460 22,460
VEHICLES.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 10,739 10,739 10,739 10,739
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 752 381,675 752 381,675 752 381,675 752 381,675
VEHICLE.
040 FAMILY OF TACTICAL 2,963 2,963 2,963 2,963
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
042 ENVIRONMENTAL CONTROL 385 385 385 385
EQUIP ASSORT.
043 TACTICAL FUEL SYSTEMS... 501 501 501 501
044 POWER EQUIPMENT ASSORTED 23,430 23,430 23,430 23,430
045 AMPHIBIOUS SUPPORT 5,752 5,752 5,752 5,752
EQUIPMENT.
046 EOD SYSTEMS............. 20,939 20,939 20,939 20,939
MATERIALS HANDLING
EQUIPMENT
047 PHYSICAL SECURITY 23,063 23,063 23,063 23,063
EQUIPMENT.
GENERAL PROPERTY
048 FIELD MEDICAL EQUIPMENT. 4,187 4,187 4,187 4,187
049 TRAINING DEVICES........ 101,765 101,765 101,765 101,765
050 FAMILY OF CONSTRUCTION 19,305 19,305 19,305 19,305
EQUIPMENT.

[[Page H6726]]

051 ULTRA-LIGHT TACTICAL 678 678 678 678
VEHICLE (ULTV).
OTHER SUPPORT
052 ITEMS LESS THAN $5 9,174 9,174 9,174 9,174
MILLION.
SPARES AND REPAIR PARTS
UNDISTRIBUTED
053 SPARES AND REPAIR PARTS. 27,295 27,295 27,295 27,295
TOTAL PROCUREMENT, 1,882 2,903,976 1,913 2,960,559 1,918 2,960,476 -94,434 1,882 2,809,542
MARINE CORPS.

AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35.................... 48 4,567,018 48 4,236,018 60 5,543,685 12 719,548 60 5,286,566
Additional 12 F-35As [12] [976,667] [12] [976,667]
Excess depot standup [-22,000]
funding.
Excess miscellaneous [-156,000] [-156,000]
support costs.
Excess production [-10,000]
engineering support.
F135 affordability [-48,000]
challenges.
Lot 15 target cost [-75,000]
savings.
Unit cost adjustment [-101,119]
Unjustified ALIS [-20,000]
funding.
002 F-35 AP................. 610,800 610,800 610,800 610,800
004 F-15EX.................. 12 1,269,847 12 1,269,847 12 1,269,847 -27,600 12 1,242,247
Airframe excess to [-27,600]
need.
005 F-15EX AP............... 133,500 133,500 133,500 133,500
TACTICAL AIRLIFT
007 KC-46A MDAP............. 15 2,850,151 12 2,189,151 15 2,850,151 -142,352 15 2,707,799
Decrease quantity by [-3] [-462,000]
three aircraft.
Lot 7 funding excess [-142,352]
to NTE ceiling.
Prior year carryover [-119,000]
Spares excess to [-40,000]
need due to quantity
decrease.
Wing Air Refueling [-40,000]
Pods early to need.
OTHER AIRLIFT
008 C-130J.................. 37,131 37,131 37,131 7 655,000 7 692,131
Additional aircraft. [7] [655,000]
010 MC-130J................. 4 362,807 4 241,807 4 362,807 -17,700 4 345,107
Air force identified [-17,700]
excess to need.
Prior year carryover [-121,000]
011 MC-130J AP.............. 39,987 29,987 39,987 -9,987 30,000
FY22 quantity [-10,000] [-9,987]
reduction.
HELICOPTERS
012 UH-1N REPLACEMENT....... 8 194,016 8 194,016 8 194,016 8 194,016
013 COMBAT RESCUE HELICOPTER 16 973,473 16 973,473 16 973,473 -63,564 16 909,909
Modernization/ [-63,564]
upgrades ahead of
need.
013A CV-22................... 2 206,220 2 206,220
SOCOM UPL........... [2] [206,220]
MISSION SUPPORT AIRCRAFT
015 CIVIL AIR PATROL A/C.... 2,811 11,211 2,811 8,389 11,200
Program increase.... [8,400] [8,389]
OTHER AIRCRAFT
016 TARGET DRONES........... 38 133,273 38 133,273 38 133,273 38 133,273
018 COMPASS CALL............ 161,117 2 291,117 161,117 161,117
Program increase.... [2] [130,000]
020 MQ-9.................... 29,409 16 120,209 79,409 16 78,591 16 108,000
Program increase.... [16] [108,000] [50,000] [16] [108,000]
Shutdown costs ahead [-29,409]
of need.
Unjustified request. [-17,200]
STRATEGIC AIRCRAFT
022 B-1..................... 3,853 3,853 -3,853
USAF-requested [-3,853] [-3,853]
transfer to RDAF
Line 174.
023 B-2A.................... 31,476 31,476 31,476 31,476
024 B-1B.................... 21,808 1,808 21,315 21,808
Slow modernization [-20,000]
execution.
USAF-requested [-493]
transfer to RDAF
Line 174.
025 B-52.................... 53,949 22,249 53,949 -25,871 28,078
Bomber TDL install [-2,000]
funds ahead of need.
GPS IU early to need [-28,700]
GPS-IU funding ahead [-23,871]
of need.
Tactical data link [-3,000]
contract delay.
025A LONG-RANGE STRIKE BOMBER 20,000
ADVANCED PROCUREMENT.
Advanced procurement [20,000]
026 LARGE AIRCRAFT INFRARED 9,999 9,999 9,999 9,999
COUNTERMEASURES.
TACTICAL AIRCRAFT
027 A-10.................... 135,793 135,793 135,793 135,793
028 E-11 BACN/HAG........... 33,645 33,645 33,645 33,645
029 F-15.................... 349,304 349,304 349,304 -20,062 329,242
APG-82 common [-12,012]
configuration excess
to need.
MUOS ahead of need.. [-8,050]
030 F-16.................... 615,760 615,760 640,760 -27,868 587,892
Additional radars... [25,000] [25,000]
AIFF Mode 5--AF [-9,868]
requested transfer
to RDTE, AF line 187.

[[Page H6727]]

Comm suite upgrade [-43,000]
excess to need.
032 F-22A................... 387,905 361,705 387,905 -26,200 361,705
Contract delays..... [-26,200] [-26,200]
033 F-35 MODIFICATIONS...... 322,185 290,485 322,185 -31,700 290,485
Block IV/TR3 delays. [-31,700] [-31,700]
034 F-15 EPAW............... 6 31,995 6 27,195 6 31,995 -4,800 6 27,195
Concurrency......... [-4,800] [-4,800]
035 INCREMENT 3.2B.......... 5,889 5,889 5,889 5,889
036 KC-46A MDAP............. 24,085 9,085 24,085 -15,000 9,085
Excessive [-15,000] [-15,000]
airworthiness
directives and
service bulletins.
AIRLIFT AIRCRAFT
037 C-5..................... 62,108 50,008 62,108 -11,829 50,279
Unjustified PMA cost [-12,100] [-11,829]
growth.
038 C-17A................... 66,798 56,798 66,798 -22,000 44,798
BLOS ahead of need.. [-10,000] [-22,000]
040 C-32A................... 2,947 2,947 2,947 2,947
041 C-37A................... 12,985 5,985 12,985 -7,000 5,985
SATCOM installs [-7,000] [-7,000]
ahead of need.
TRAINER AIRCRAFT
042 GLIDER MODS............. 977 977 977 977
043 T-6..................... 26,829 26,829 26,829 26,829
044 T-1..................... 4,465 4,465 4,465 4,465
045 T-38.................... 36,806 41,806 44,506 5,000 41,806
T-38 ejection seat [5,000]
improvements.
T-38 ejection seats. [7,700] [5,000]
OTHER AIRCRAFT
046 U-2 MODS................ 110,618 110,618 110,618 110,618
047 KC-10A (ATCA)........... 117 117 117 117
049 VC-25A MOD.............. 1,983 1,983 1,983 1,983
050 C-40.................... 9,252 7,252 9,252 -2,000 7,252
SATCOM installs [-2,000] [-2,000]
ahead of need.
051 C-130................... 5,871 140,671 5,871 134,759 140,630
AMP 1 excess to need [-3,800] [-3,841]
Eight-bladed [55,000] [55,000]
propeller upgrade
kits only.
Improved modular [4,600] [4,600]
airborne fire
fighting system
(iMAFFS).
T-56 3.5 engine mod. [79,000] [79,000]
052 C-130J MODS............. 140,032 140,032 140,032 140,032
053 C-135................... 88,250 86,450 88,250 -1,800 86,450
Other government [-1,800] [-1,800]
cost growth.
055 COMPASS CALL............ 193,389 193,389 193,389 -23,736 169,653
Baseline 3 [-8,706]
installation delays.
Baseline 4 cost [-15,030]
discrepancies.
057 RC-135.................. 191,332 191,332 191,332 191,332
058 E-3..................... 172,141 172,141 172,141 -36,401 135,740
NATO AWACS--transfer [-36,401]
to line 88.
059 E-4..................... 58,803 58,803 44,103 -14,663 44,140
Funds rephased to [-14,700] [-14,663]
future fiscal years.
060 E-8..................... 11,037 38,037 21,037 27,000 38,037
Program increase.... [27,000] [27,000]
Secure information [10,000]
transmission
capability.
061 AIRBORNE WARNING AND 53,343 53,343 53,343 53,343
CNTRL SYS (AWACS) 40/45.
062 FAMILY OF BEYOND LINE-OF- 1,573 1,573 1,573 1,573
SIGHT TERMINALS.
063 H-1..................... 4,410 4,410 4,410 4,410
064 H-60.................... 44,538 44,538 44,538 44,538
065 RQ-4 MODS............... 40,468 40,468 40,468 -28,118 12,350
ASIP SW/HW upgrades [-2,000]
and support forward
financed.
Unjustified mod [-26,118]
funding.
066 HC/MC-130 MODIFICATIONS. 20,780 20,780 20,780 20,780
067 OTHER AIRCRAFT.......... 100,774 100,774 100,774 100,774
068 MQ-9 MODS............... 188,387 188,387 188,387 188,387
070 CV-22 MODS.............. 122,306 2 328,506 127,306 122,306
CV-22 ABSS.......... [5,000]
SOCOM UPL........... [2] [206,200]
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 926,683 915,383 956,683 -7,336 919,347
PARTS.
F-15 EPAWSS spares [-6,036]
excess to need.
F-35A initial spares [30,000] [10,000]
increase.
Unobligated [-11,300] [-11,300]
balances--F-16s.
COMMON SUPPORT EQUIPMENT
073 AIRCRAFT REPLACEMENT 132,719 132,719 132,719 132,719
SUPPORT EQUIP.
POST PRODUCTION SUPPORT
074 B-2A.................... 1,683 1,683 1,683 1,683
075 B-2B.................... 46,734 46,734 46,734 46,734
076 B-52.................... 1,034 1,034 1,034 1,034
079 E-11 BACN/HAG........... 63,419 63,419 63,419 63,419
080 F-15.................... 2,632 2,632 2,632 2,632
081 F-16.................... 14,163 14,163 14,163 14,163

[[Page H6728]]

083 OTHER AIRCRAFT.......... 4,595 4,595 4,595 4,595
084 RQ-4 POST PRODUCTION 32,585 32,585 32,585 32,585
CHARGES.
INDUSTRIAL PREPAREDNESS
085 INDUSTRIAL 18,215 18,215 18,215 18,215
RESPONSIVENESS.
WAR CONSUMABLES
086 WAR CONSUMABLES......... 36,046 36,046 36,046 36,046
OTHER PRODUCTION CHARGES
087 OTHER PRODUCTION CHARGES 1,439,640 1,439,640 1,514,640 111,401 1,551,041
Classified increase. [75,000] [75,000]
NATO AWACS--transfer [36,401]
from line 58.
CLASSIFIED PROGRAMS
UNDISTRIBUTED
89A CLASSIFIED PROGRAMS..... 21,692 21,692 21,692 21,692
TOTAL AIRCRAFT 147 17,908,145 164 17,233,745 159 19,068,466 37 1,374,468 184 19,282,613
PROCUREMENT, AIR
FORCE.

MISSILE PROCUREMENT, AIR
FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT EQ- 75,012 75,012 75,012 75,012
BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 4,495 4,495 4,495 4,495
CONSUMABLES.
004 JOINT AIR-SURFACE 376 475,949 376 475,949 316 400,949 376 475,949
STANDOFF MISSILE.
Realignment to [-60] [-75,000]
support NDS
requirements in
Pacific.
005 LRASM0.................. 5 19,800 5 19,800 25 94,800 5 19,800
Additional Air Force [20] [75,000]
LRASM missiles.
006 SIDEWINDER (AIM-9X)..... 331 164,769 331 164,769 331 164,769 331 164,769
007 AMRAAM.................. 414 453,223 414 453,223 414 453,223 -1,300 414 451,923
AUR u/c growth...... [-1,300]
008 PREDATOR HELLFIRE 548 40,129 548 40,129 548 40,129 548 40,129
MISSILE.
009 SMALL DIAMETER BOMB..... 1,179 45,475 1,179 45,475 1,179 45,475 1,179 45,475
010 SMALL DIAMETER BOMB II.. 1,133 273,272 1,133 273,272 1,133 273,272 -35,340 1,133 237,932
Deliveries behind [-35,340]
schedule.
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/POL 814 814 814 814
PREVENTION.
CLASS IV
013 ICBM FUZE MOD........... 20 3,458 20 3,458 20 3,458 20 3,458
014 ICBM FUZE MOD AP........ 43,450 43,450 43,450 43,450
015 MM III MODIFICATIONS.... 85,310 85,310 85,310 -4,173 81,137
Initial spares--AF [-4,173]
requested transfer
to line 18.
016 AGM-65D MAVERICK........ 298 298 298 298
017 AIR LAUNCH CRUISE 52,924 52,924 52,924 52,924
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 9,402 9,402 9,402 4,173 13,575
(INITIAL).
Initial spares--AF [4,173]
requested transfer
from line 15.
019 MSL SPRS/REPAIR PARTS 84,671 84,671 84,671 84,671
(REPLEN).
SPECIAL PROGRAMS
025 SPECIAL UPDATE PROGRAMS. 23,501 23,501 23,501 23,501
CLASSIFIED PROGRAMS
UNDISTRIBUTED
25A CLASSIFIED PROGRAMS..... 540,465 540,465 540,465 540,465
TOTAL MISSILE 4,006 2,396,417 4,006 2,396,417 3,966 2,396,417 -36,640 4,006 2,359,777
PROCUREMENT, AIR
FORCE.

PROCUREMENT OF
AMMUNITION, AIR FORCE
ROCKETS
001 ROCKETS................. 14,962 14,962 14,962 14,962
CARTRIDGES
002 CARTRIDGES.............. 123,365 123,365 123,365 123,365
BOMBS
003 PRACTICE BOMBS.......... 59,725 59,725 59,725 59,725
006 JOINT DIRECT ATTACK 10,000 206,989 10,000 206,989 10,000 206,989 10,000 206,989
MUNITION.
007 B61..................... 35,634 35,634 35,634 35,634
OTHER ITEMS
009 CAD/PAD................. 47,830 47,830 47,830 47,830
010 EXPLOSIVE ORDNANCE 6,232 6,232 6,232 6,232
DISPOSAL (EOD).
011 SPARES AND REPAIR PARTS. 542 542 542 542
012 MODIFICATIONS........... 1,310 1,310 1,310 1,310
013 ITEMS LESS THAN 4,753 4,753 4,753 4,753
$5,000,000.
FLARES
015 FLARES.................. 40,088 40,088 40,088 40,088
FUZES
016 FUZES................... 40,983 40,983 40,983 -2,082 38,901
C-HOBS ahead of need [-2,082]
SMALL ARMS
UNDISTRIBUTED
017 SMALL ARMS.............. 13,925 13,925 13,925 13,925
TOTAL PROCUREMENT 10,000 596,338 10,000 596,338 10,000 596,338 -2,082 10,000 594,256
OF AMMUNITION, AIR
FORCE.

PROCUREMENT, SPACE FORCE

[[Page H6729]]

SPACE PROCUREMENT, SF
001 ADVANCED EHF............ 14,823 14,823 14,823 14,823
002 AF SATELLITE COMM SYSTEM 48,326 43,326 48,326 48,326
Insufficient [-5,000]
justification.
003 COUNTERSPACE SYSTEMS.... 65,540 57,540 65,540 -16,385 49,155
Insufficient [-8,000] [-16,385]
justification.
004 FAMILY OF BEYOND LINE-OF- 66,190 66,190 66,190 66,190
SIGHT TERMINALS.
005 GENERAL INFORMATION 3,299 3,299 3,299 3,299
TECH--SPACE.
006 GPSIII FOLLOW ON........ 2 627,796 2 612,796 2 627,796 -15,000 2 612,796
Unjustified growth.. [-15,000] [-15,000]
007 GPS III SPACE SEGMENT... 20,122 20,122 20,122 20,122
008 GLOBAL POSTIONING 2,256 2,256 2,256 2,256
(SPACE).
009 SPACEBORNE EQUIP 35,495 35,495 35,495 35,495
(COMSEC).
010 MILSATCOM............... 15,795 15,795 15,795 15,795
011 SBIR HIGH (SPACE)....... 160,891 160,891 160,891 160,891
012 SPECIAL SPACE ACTIVITIES 78,387 78,387 78,387 78,387
013 NATIONAL SECURITY SPACE 3 1,043,171 3 1,043,171 3 1,043,171 -95,000 3 948,171
LAUNCH.
Launch services [-95,000]
unjustified increase.
014 NUDET DETECTION SYSTEM.. 6,638 6,638 6,638 6,638
015 ROCKET SYSTEMS LAUNCH 47,741 47,741 47,741 47,741
PROGRAM.
016 SPACE FENCE............. 11,279 11,279 11,279 11,279
017 SPACE MODS.............. 96,551 86,551 109,051 -7,845 88,706
Cobra Dane service [12,500]
life extension.
Insufficient [-10,000] [-10,000]
justification.
Transfer from OP,AF [2,155]
line 22.
018 SPACELIFT RANGE SYSTEM 100,492 100,492 100,492 -10,000 90,492
SPACE.
Underexecution...... [-10,000]
SPARES
019 SPARES AND REPAIR PARTS. 1,272 1,272 1,272 1,272
TOTAL PROCUREMENT, 5 2,446,064 5 2,408,064 5 2,458,564 -144,230 5 2,301,834
SPACE FORCE.

OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 9,016 9,016 9,016 9,016
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL VEHICLE. 15,058 15,058 15,058 15,058
003 CAP VEHICLES............ 1,059 1,800 1,059 741 1,800
Program increase.... [741] [741]
004 CARGO AND UTILITY 38,920 38,920 38,920 38,920
VEHICLES.
SPECIAL PURPOSE VEHICLES
005 JOINT LIGHT TACTICAL 30,544 30,544 30,544 30,544
VEHICLE.
006 SECURITY AND TACTICAL 319 319 319 319
VEHICLES.
007 SPECIAL PURPOSE VEHICLES 43,157 34,381 43,157 43,157
Program decrease.... [-2,500]
Unjustified request. [-6,276]
FIRE FIGHTING EQUIPMENT
008 FIRE FIGHTING/CRASH 8,621 8,621 8,621 8,621
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 12,897 12,897 12,897 12,897
VEHICLES.
BASE MAINTENANCE SUPPORT
010 RUNWAY SNOW REMOV AND 3,577 3,577 3,577 3,577
CLEANING EQU.
011 BASE MAINTENANCE SUPPORT 43,095 43,095 43,095 43,095
VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT........ 54,864 54,864 54,864 54,864
INTELLIGENCE PROGRAMS
014 INTERNATIONAL INTEL TECH 9,283 9,283 10,783 1,500 10,783
& ARCHITECTURES.
PDI: Mission Partner [1,500] [1,500]
Environment BICES-X
local upgrades.
015 INTELLIGENCE TRAINING 6,849 6,849 6,849 6,849
EQUIPMENT.
016 INTELLIGENCE COMM 33,471 33,471 33,471 -3,280 30,191
EQUIPMENT.
IMAD acquisition [-3,280]
materials.
ELECTRONICS PROGRAMS
017 AIR TRAFFIC CONTROL & 29,409 29,409 29,409 29,409
LANDING SYS.
018 BATTLE CONTROL SYSTEM-- 7,909 7,909 7,909 7,909
FIXED.
019 THEATER AIR CONTROL SYS 32,632 32,632 32,632 32,632
IMPROVEMEN.
020 WEATHER OBSERVATION 33,021 33,021 33,021 33,021
FORECAST.
021 STRATEGIC COMMAND AND 31,353 31,353 31,353 31,353
CONTROL.
022 CHEYENNE MOUNTAIN 10,314 10,314 10,314 -2,115 8,199
COMPLEX.
Transfer to P,SF [-2,115]
line 17.
023 MISSION PLANNING SYSTEMS 15,132 15,132 15,132 15,132
025 INTEGRATED STRAT PLAN & 9,806 9,806 9,806 9,806
ANALY NETWORK (ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 39,887 39,887 39,887 39,887
TECHNOLOGY.
027 AF GLOBAL COMMAND & 2,602 2,602 2,602 2,602
CONTROL SYS.
029 MOBILITY COMMAND AND 10,541 10,541 10,541 10,541
CONTROL.
030 AIR FORCE PHYSICAL 96,277 93,777 96,277 -2,500 93,777
SECURITY SYSTEM.
Program decrease.... [-2,500] [-2,500]
031 COMBAT TRAINING RANGES.. 195,185 195,185 195,185 -2,000 193,185
forward financing... [-2,000]
032 MINIMUM ESSENTIAL 29,664 29,664 29,664 -8,000 21,664
EMERGENCY COMM N.

[[Page H6730]]

Schedule slips...... [-8,000]
033 WIDE AREA SURVEILLANCE 59,633 59,633 59,633 59,633
(WAS).
034 C3 COUNTERMEASURES...... 105,584 105,584 105,584 105,584
036 DEFENSE ENTERPRISE 899 899 899 899
ACCOUNTING & MGT SYS.
038 THEATER BATTLE MGT C2 3,392 3,392 3,392 3,392
SYSTEM.
039 AIR & SPACE OPERATIONS 24,983 24,983 24,983 24,983
CENTER (AOC).
AIR FORCE COMMUNICATIONS
041 BASE INFORMATION TRANSPT 19,147 19,147 19,147 19,147
INFRAST (BITI) WIRED.
042 AFNET................... 84,515 84,515 84,515 84,515
043 JOINT COMMUNICATIONS 6,185 6,185 6,185 6,185
SUPPORT ELEMENT (JCSE).
044 USCENTCOM............... 19,649 19,649 19,649 19,649
045 USSTRATCOM.............. 4,337 4,337 4,337 4,337
ORGANIZATION AND BASE
046 TACTICAL C-E EQUIPMENT.. 137,033 137,033 137,033 137,033
047 RADIO EQUIPMENT......... 15,264 15,264 15,264 15,264
049 BASE COMM INFRASTRUCTURE 132,281 132,281 146,281 14,000 146,281
PDI: Mission Partner [14,000] [14,000]
Environment PACNET.
MODIFICATIONS
050 COMM ELECT MODS......... 21,471 21,471 21,471 21,471
PERSONAL SAFETY & RESCUE
EQUIP
051 PERSONAL SAFETY AND 49,578 49,578 49,578 49,578
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
052 POWER CONDITIONING 11,454 11,454 11,454 11,454
EQUIPMENT.
053 MECHANIZED MATERIAL 12,110 12,110 12,110 12,110
HANDLING EQUIP.
BASE SUPPORT EQUIPMENT
054 BASE PROCURED EQUIPMENT. 21,142 21,142 21,142 21,142
055 ENGINEERING AND EOD 7,700 7,700 7,700 7,700
EQUIPMENT.
056 MOBILITY EQUIPMENT...... 18,266 22,966 22,966 18,266
Insulation system [4,700]
for Air Force
shelters.
Program increase.... [4,700]
057 FUELS SUPPORT EQUIPMENT 9,601 9,601 9,601 9,601
(FSE).
058 BASE MAINTENANCE AND 42,078 30,378 42,078 42,078
SUPPORT EQUIPMENT.
Program decrease.... [-4,700]
Unjustified request. [-7,000]
SPECIAL SUPPORT PROJECTS
060 DARP RC135.............. 27,164 27,164 27,164 27,164
061 DCGS-AF................. 121,528 121,528 121,528 121,528
063 SPECIAL UPDATE PROGRAM.. 782,641 782,641 782,641 782,641
CLASSIFIED PROGRAMS
63A CLASSIFIED PROGRAMS..... 21,086,112 21,026,112 21,086,112 -44,500 21,041,612
Program adjustment.. [-60,000] [-44,500]
SPARES AND REPAIR PARTS
064 SPARES AND REPAIR PARTS 1,664 1,664 1,664 1,664
(CYBER).
065 SPARES AND REPAIR PARTS. 15,847 15,847 15,847 15,847
TOTAL OTHER 23,695,720 23,618,185 23,715,920 -46,154 23,649,566
PROCUREMENT, AIR
FORCE.

PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
026 MAJOR EQUIPMENT, DPAA... 10 500 10 500 10 500 10 500
049 MAJOR EQUIPMENT, OSD.... 3,099 3,099 3,099 3,099
MAJOR EQUIPMENT, NSA
048 INFORMATION SYSTEMS 101 101 101 101
SECURITY PROGRAM (ISSP).
MAJOR EQUIPMENT, WHS
053 MAJOR EQUIPMENT, WHS.... 515 515 515 515
MAJOR EQUIPMENT, DISA
011 INFORMATION SYSTEMS 17,211 17,211 17,211 17,211
SECURITY.
012 TELEPORT PROGRAM........ 29,841 29,841 29,841 29,841
013 JOINT FORCES 3,091 3,091 3,091 3,091
HEADQUARTERS--DODIN.
014 ITEMS LESS THAN $5 41,569 41,569 41,569 41,569
MILLION.
016 DEFENSE INFORMATION 26,978 26,978 26,978 26,978
SYSTEM NETWORK.
017 WHITE HOUSE 44,161 44,161 44,161 44,161
COMMUNICATION AGENCY.
018 SENIOR LEADERSHIP 35,935 35,935 35,935 35,935
ENTERPRISE.
019 JOINT REGIONAL SECURITY 88,741 8,741 77,641 88,741
STACKS (JRSS).
JRSS SIPR funding... [-11,100]
Program decrease.... [-80,000]
020 JOINT SERVICE PROVIDER.. 157,538 157,538 157,538 157,538
021 FOURTH ESTATE NETWORK 42,084 42,084 42,084 42,084
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
023 MAJOR EQUIPMENT......... 417,459 417,459 417,459 -7,000 410,459
MGUE--DLA requested [-7,000]
transfer to RDTE,DW
line 54.
MAJOR EQUIPMENT, DCSA
003 MAJOR EQUIPMENT......... 2,212 2,212 2,212 2,212
MAJOR EQUIPMENT, TJS
050 MAJOR EQUIPMENT, TJS.... 8,329 8,329 8,329 8,329
051 MAJOR EQUIPMENT--TJS 1,247 1,247 1,247 1,247
CYBER.
MAJOR EQUIPMENT, MISSILE
DEFENSE AGENCY
031 THAAD................... 41 495,396 42 601,396 41 601,796 106,400 41 601,796
8th THAAD battery [76,300] [76,300]
components.
HEMTT life-of-type [30,100] [30,100]
buy.

[[Page H6731]]

THAAD battery #8.... [1] [106,000]
034 AEGIS BMD............... 34 356,195 34 356,195 34 356,195 34 356,195
035 AEGIS BMD AP............ 44,901 44,901 44,901 44,901
036 BMDS AN/TPY-2 RADARS.... 243,300 243,300 243,300
8th THAAD battery [243,300] [243,300]
radar equipment.
037 SM-3 IIAS............... 6 218,322 10 333,322 11 346,322 3 106,000 9 324,322
Additional SM-3 [5] [128,000]
Block IIA
interceptors.
Increase SM-3 Block [4] [115,000] [3] [106,000]
IIA quantities.
038 ARROW 3 UPPER TIER 1 77,000 1 77,000 1 77,000 1 77,000
SYSTEMS.
039 SHORT RANGE BALLISTIC 1 50,000 1 50,000 1 50,000 1 50,000
MISSILE DEFENSE (SRBMD).
040 AEGIS ASHORE PHASE III.. 39,114 39,114 39,114 39,114
041 IRON DOME............... 1 73,000 1 73,000 1 73,000 1 73,000
042 AEGIS BMD HARDWARE AND 49 104,241 49 104,241 49 104,241 49 104,241
SOFTWARE.
MAJOR EQUIPMENT, DHRA
005 PERSONNEL ADMINISTRATION 4,213 4,213 4,213 4,213
MAJOR EQUIPMENT, DEFENSE
THREAT REDUCTION AGENCY
028 VEHICLES................ 215 215 215 215
029 OTHER MAJOR EQUIPMENT... 9,994 9,994 9,994 9,994
MAJOR EQUIPMENT, DEFENSE
SECURITY COOPERATION
AGENCY
027 REGIONAL CENTER 1,598 1,598 1,598 1,598
PROCUREMENT.
MAJOR EQUIPMENT, DODEA
025 AUTOMATION/EDUCATIONAL 1,319 1,319 1,319 1,319
SUPPORT & LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT......... 1,398 1,398 1,398 1,398
MAJOR EQUIPMENT, DMACT
024 MAJOR EQUIPMENT......... 7,993 7,993 7,993 7,993
CLASSIFIED PROGRAMS
54A CLASSIFIED PROGRAMS..... 554,264 554,264 554,264 -2,400 551,864
Classified [-2,400]
adjustment.
AVIATION PROGRAMS
055 ARMED OVERWATCH/ 5 101,000 5 53,000 5 -101,000 5
TARGETING.
Lack of validated [-101,000]
requirement and
analysis.
Program decrease.... [-80,000] [-101,000]
U.S. Special [32,000]
Operations Command
Armed Overwatch
program.
056 MANNED ISR.............. 40,100
SOCOM DHC-8 combat [40,100]
loss replacement.
059 ROTARY WING UPGRADES AND 211,041 211,041 211,041 211,041
SUSTAINMENT.
060 UNMANNED ISR............ 25,488 20,488 25,488 -1,000 24,488
Program decrease.... [-5,000] [-1,000]
061 NON-STANDARD AVIATION... 61,874 56,874 61,874 61,874
Program decrease.... [-5,000]
062 U-28.................... 3,825 3,825 28,525 3,825
SOCOM aircraft [24,700]
maintenance support
combat loss
replacement.
063 MH-47 CHINOOK........... 135,482 135,482 135,482 135,482
064 CV-22 MODIFICATION...... 14,829 14,829 14,829 14,829
065 MQ-9 UNMANNED AERIAL 6,746 6,746 6,746 6,746
VEHICLE.
066 PRECISION STRIKE PACKAGE 243,111 238,111 243,111 -5,000 238,111
Program decrease.... [-5,000] [-5,000]
067 AC/MC-130J.............. 163,914 163,914 163,914 -10,000 153,914
RFCM excess to need. [-10,000]
068 C-130 MODIFICATIONS..... 20,414 20,414 20,414 20,414
SHIPBUILDING
069 UNDERWATER SYSTEMS...... 20,556 20,556 20,556 20,556
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M..... 186,197 186,197 186,197 186,197
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS.... 94,982 94,982 108,382 94,982
Transfer from MMP- [13,400]
Light to man-pack.
072 DISTRIBUTED COMMON 11,645 11,645 11,645 11,645
GROUND/SURFACE SYSTEMS.
073 OTHER ITEMS <$5M........ 96,333 96,333 96,333 -12,226 84,107
MMP excess to need.. [-12,226]
074 COMBATANT CRAFT SYSTEMS. 17,278 17,278 17,278 17,278
075 SPECIAL PROGRAMS........ 78,865 71,365 78,865 -7,500 71,365
Program decrease.... [-7,500] [-7,500]
076 TACTICAL VEHICLES....... 30,158 30,158 30,158 30,158
077 WARRIOR SYSTEMS <$5M.... 260,733 260,733 248,533 260,733
MMP-Light [-12,200]
unexecutable,
transfer to man-pack.
078 COMBAT MISSION 19,848 19,848 19,848 19,848
REQUIREMENTS.
079 GLOBAL VIDEO 2,401 2,401 2,401 2,401
SURVEILLANCE ACTIVITIES.
080 OPERATIONAL ENHANCEMENTS 13,861 8,861 13,861 13,861
INTELLIGENCE.
Program decrease.... [-5,000]
081 OPERATIONAL ENHANCEMENTS 247,038 242,038 259,538 247,038
Program decrease.... [-5,000]
SOCOM Syria [12,500]
exfiltration
reconsitution.
CBDP
082 CHEMICAL BIOLOGICAL 147,150 147,150 147,150 147,150
SITUATIONAL AWARENESS.

[[Page H6732]]

083 CB PROTECTION & HAZARD 149,944 149,944 149,944 149,944
MITIGATION.
TOTAL PROCUREMENT, 148 5,324,487 153 5,384,987 153 5,768,587 3 309,574 151 5,634,061
DEFENSE-WIDE.

TOTAL PROCUREMENT.. 34,422 130,684,160 34,551 132,844,847 34,500 133,957,913 119 5,901,062 34,541 136,585,222
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page H6733]]

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2021 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item -------------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 MQ-1 UAV................ 110,000 110,000
Additional aircraft. [110,000]
ROTARY
009 AH-64 APACHE BLOCK IIIB 2 69,154 2 64,354 2 69,154 2 69,154
NEW BUILD.
Unjustified costs... [-4,800]
014 CH-47 HELICOPTER........ 1 50,472 1 50,472 1 50,472 1 50,472
MODIFICATION OF AIRCRAFT
017 MQ-1 PAYLOAD (MIP)...... 5,968 5,968 5,968 -5,968
Justification does [-5,968]
not match need.
020 MULTI SENSOR ABN RECON 122,520 122,520 122,520 122,520
(MIP).
025 EMARSS SEMA MODS (MIP).. 26,460 26,460 26,460 26,460
030 DEGRADED VISUAL 1,916 1,916 1,916 1,916
ENVIRONMENT.
GROUND SUPPORT AVIONICS
037 CMWS.................... 149,162 149,162 149,162 149,162
038 COMMON INFRARED 32,400 32,400 32,400 32,400
COUNTERMEASURES (CIRCM).
OTHER SUPPORT
UNDISTRIBUTED
041 AIRCREW INTEGRATED 3,028 3,028 3,028 3,028
SYSTEMS.
TOTAL AIRCRAFT 3 461,080 3 456,280 3 461,080 104,032 3 565,112
PROCUREMENT, ARMY.

MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR MISSILE
SYSTEM
002 M-SHORAD--PROCUREMENT... 22 158,300 22 158,300 22 158,300 22 158,300
003 MSE MISSILE............. 46 176,585 46 176,585 46 176,585
Inappropriate for [-46] [-176,585]
EDI, transfer to
base.
AIR-TO-SURFACE MISSILE
SYSTEM
006 HELLFIRE SYS SUMMARY.... 3,090 236,265 3,090 236,265 3,090 236,265 3,090 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
011 GUIDED MLRS ROCKET 904 127,015 904 127,015 904 127,015 904 127,015
(GMLRS).
015 LETHAL MINIATURE AERIAL 1,130 84,993 1,130 84,993 1,130 84,993 -15,600 1,130 69,393
MISSILE SYSTEM (LMAMS.
Contract delays..... [-15,600]
MODIFICATIONS
017 ATACMS MODS............. 78,434 78,434 78,434 78,434
022 MLRS MODS............... 20,000 20,000 20,000 20,000
TOTAL MISSILE 5,192 881,592 5,192 881,592 5,146 705,007 -15,600 5,192 865,992
PROCUREMENT, ARMY.

PROCUREMENT OF W&TCV,
ARMY
WEAPONS & OTHER COMBAT
VEHICLES
016 MULTI-ROLE ANTI-ARMOR 4,765 4,765 4,765 4,765
ANTI-PERSONNEL WEAPON S.
018 MORTAR SYSTEMS.......... 10,460 10,460 10,460 10,460
TOTAL PROCUREMENT 15,225 15,225 15,225 15,225
OF W&TCV, ARMY.

PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL TYPES.. 567 567 567 567
002 CTG, 7.62MM, ALL TYPES.. 40 40 40 40
004 CTG, HANDGUN, ALL TYPES. 17 17 17 17
005 CTG, .50 CAL, ALL TYPES. 189 189 189 189
008 CTG, 30MM, ALL TYPES.... 24,900 24,900 24,900 24,900
ARTILLERY AMMUNITION
016 PROJ 155MM EXTENDED 275 29,213 275 29,213 275 29,213 275 29,213
RANGE M982.
017 ARTILLERY PROPELLANTS, 21,675 21,675 21,675 21,675
FUZES AND PRIMERS, ALL.
ROCKETS
020 SHOULDER LAUNCHED 176 176 176 176
MUNITIONS, ALL TYPES.
021 ROCKET, HYDRA 70, ALL 33,880 33,880 33,880 33,880
TYPES.
MISCELLANEOUS
029 ITEMS LESS THAN $5 11 11 11 11
MILLION (AMMO).
TOTAL PROCUREMENT 275 110,668 275 110,668 275 110,668 275 110,668
OF AMMUNITION, ARMY.

OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
013 FAMILY OF HEAVY TACTICAL 6,500 6,500 6,500 6,500
VEHICLES (FHTV).
014 PLS ESP................. 15,163 15,163 15,163 15,163
017 TACTICAL WHEELED VEHICLE 27,066 27,066 27,066 27,066
PROTECTION KITS.
COMM--SATELLITE
COMMUNICATIONS
030 TRANSPORTABLE TACTICAL 2,700 2,700 2,700 2,700
COMMAND COMMUNICATIONS.
032 ASSURED POSITIONING, 12,566 12,566 12,566 12,566
NAVIGATION AND TIMING.
033 SMART-T (SPACE)......... 289 289 289 289
034 GLOBAL BRDCST SVC--GBS.. 319 319 319 319
COMM--COMBAT
COMMUNICATIONS
045 FAMILY OF MED COMM FOR 1,257 1,257 1,257 1,257
COMBAT CASUALTY CARE.
COMM--INTELLIGENCE COMM
048 CI AUTOMATION 1,230 1,230 1,230 1,230
ARCHITECTURE (MIP).
INFORMATION SECURITY
052 COMMUNICATIONS SECURITY 128 128 128 128
(COMSEC).
COMM--BASE
COMMUNICATIONS

[[Page H6734]]

058 INFORMATION SYSTEMS..... 15,277 15,277 15,277 15,277
062 INSTALLATION INFO 74,004 74,004 80,004 74,004
INFRASTRUCTURE MOD
PROGRAM.
EDI: NATO Response [6,000]
Force (NRF) networks.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)............ 47,709 47,709 47,709 47,709
070 TROJAN (MIP)............ 1,766 1,766 1,766 1,766
071 MOD OF IN-SVC EQUIP 61,450 61,450 61,450 61,450
(INTEL SPT) (MIP).
073 BIOMETRIC TACTICAL 12,337 12,337 12,337 12,337
COLLECTION DEVICES
(MIP).
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
080 FAMILY OF PERSISTENT 44,293 44,293 44,293 44,293
SURVEILLANCE CAP. (MIP).
081 COUNTERINTELLIGENCE/ 49,100 49,100 49,100 49,100
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
083 SENTINEL MODS........... 33,496 33,496 33,496 33,496
084 NIGHT VISION DEVICES.... 643 643 643 643
087 RADIATION MONITORING 11 11 11 11
SYSTEMS.
088 INDIRECT FIRE PROTECTION 37,000 37,000 37,000 37,000
FAMILY OF SYSTEMS.
094 COMPUTER BALLISTICS: 280 280 280 280
LHMBC XM32.
095 MORTAR FIRE CONTROL 13,672 13,672 13,672 13,672
SYSTEM.
ELECT EQUIP--TACTICAL C2
SYSTEMS
100 AIR & MSL DEFENSE 15,143 15,143 15,143 15,143
PLANNING & CONTROL SYS.
ELECT EQUIP--AUTOMATION
109 ARMY TRAINING 4,688 4,688 4,688 4,688
MODERNIZATION.
110 AUTOMATED DATA 16,552 16,552 16,552 16,552
PROCESSING EQUIP.
CHEMICAL DEFENSIVE
EQUIPMENT
121 FAMILY OF NON-LETHAL 25,480 25,480 25,480 25,480
EQUIPMENT (FNLE).
122 BASE DEFENSE SYSTEMS 98,960 98,960 98,960 98,960
(BDS).
123 CBRN DEFENSE............ 18,887 18,887 18,887 18,887
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING....... 50,400 50,400 50,400 50,400
ENGINEER (NON-
CONSTRUCTION) EQUIPMENT
137 RENDER SAFE SETS KITS 84,000 84,000 84,000 84,000
OUTFITS.
COMBAT SERVICE SUPPORT
EQUIPMENT
140 HEATERS AND ECU'S....... 370 370 370 370
142 PERSONNEL RECOVERY 3,721 3,721 3,721 3,721
SUPPORT SYSTEM (PRSS).
145 FORCE PROVIDER.......... 56,400 56,400 129,800 56,400
EDI: Improvements to [73,400]
living quarters for
rotational forces in
Europe.
146 FIELD FEEDING EQUIPMENT. 2,279 2,279 2,279 2,279
147 CARGO AERIAL DEL & 2,040 2,040 2,040 2,040
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, 4,374 4,374 4,374 4,374
PETROLEUM & WATER.
MEDICAL EQUIPMENT
151 COMBAT SUPPORT MEDICAL.. 6,390 6,390 6,390 6,390
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 7,769 7,769 7,769 7,769
EQUIPMENT SYSTEMS.
153 ITEMS LESS THAN $5.0M 184 184 184 184
(MAINT EQ).
CONSTRUCTION EQUIPMENT
156 LOADERS................. 3,190 3,190 3,190 3,190
157 HYDRAULIC EXCAVATOR..... 7,600 7,600 7,600 7,600
158 TRACTOR, FULL TRACKED... 7,450 7,450 7,450 7,450
160 HIGH MOBILITY ENGINEER 3,703 3,703 3,703 3,703
EXCAVATOR (HMEE).
162 CONST EQUIP ESP......... 657 657 657 657
GENERATORS
167 GENERATORS AND 106 106 106 106
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
169 FAMILY OF FORKLIFTS..... 1,885 1,885 1,885 1,885
OTHER SUPPORT EQUIPMENT
180 RAPID EQUIPPING SOLDIER 8,500 8,500 8,500 8,500
SUPPORT EQUIPMENT.
181 PHYSICAL SECURITY 3,248 3,248 3,248 3,248
SYSTEMS (OPA3).
185 BUILDING, PRE-FAB, 31,845 31,845 31,845 31,845
RELOCATABLE.
TOTAL OTHER 924,077 924,077 1,003,477 924,077
PROCUREMENT, ARMY.

AIRCRAFT PROCUREMENT,
NAVY
OTHER AIRCRAFT
024 STUASL0 UAV............. 7,921 7,921 7,921 7,921
MODIFICATION OF AIRCRAFT
053 COMMON ECM EQUIPMENT.... 3,474 3,474 3,474 3,474
055 COMMON DEFENSIVE WEAPON 3,339 3,339 3,339 3,339
SYSTEM.
064 QRC..................... 18,507 18,507 18,507 18,507
TOTAL AIRCRAFT 33,241 33,241 33,241 33,241
PROCUREMENT, NAVY.

WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
012 HELLFIRE................ 115 5,572 115 5,572 115 5,572 115 5,572
TOTAL WEAPONS 115 5,572 115 5,572 115 5,572 115 5,572
PROCUREMENT, NAVY.

PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS... 8,068 8,068 8,068 8,068
002 JDAM.................... 673 15,529 673 15,529 673 15,529 673 15,529

[[Page H6735]]

003 AIRBORNE ROCKETS, ALL 23,000 23,000 23,000 23,000
TYPES.
004 MACHINE GUN AMMUNITION.. 22,600 22,600 22,600 22,600
006 CARTRIDGES & CART 3,927 3,927 3,927 3,927
ACTUATED DEVICES.
007 AIR EXPENDABLE 15,978 15,978 15,978 15,978
COUNTERMEASURES.
008 JATOS................... 2,100 2,100 2,100 2,100
011 OTHER SHIP GUN 2,611 2,611 2,611 2,611
AMMUNITION.
012 SMALL ARMS & LANDING 1,624 1,624 1,624 1,624
PARTY AMMO.
013 PYROTECHNIC AND 505 505 505 505
DEMOLITION.
TOTAL PROCUREMENT 673 95,942 673 95,942 673 95,942 673 95,942
OF AMMO, NAVY & MC.

OTHER PROCUREMENT, NAVY
SMALL BOATS
028 STANDARD BOATS.......... 19,104 19,104 19,104 19,104
OTHER SHIP SUPPORT
035 SMALL & MEDIUM UUV...... 2,946 2,946 2,946 2,946
ASW ELECTRONIC EQUIPMENT
043 FIXED SURVEILLANCE 213,000 213,000 213,000 213,000
SYSTEM.
SONOBUOYS
092 SONOBUOYS--ALL TYPES.... 26,196 26,196 26,196 26,196
AIRCRAFT SUPPORT
EQUIPMENT
095 AIRCRAFT SUPPORT 60,217 60,217 60,217 60,217
EQUIPMENT.
OTHER ORDNANCE SUPPORT
EQUIPMENT
110 EXPLOSIVE ORDNANCE 2,124 2,124 2,124 2,124
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
115 PASSENGER CARRYING 177 177 177 177
VEHICLES.
116 GENERAL PURPOSE TRUCKS.. 416 416 416 416
118 FIRE FIGHTING EQUIPMENT. 801 801 801 801
SUPPLY SUPPORT EQUIPMENT
125 FIRST DESTINATION 520 520 520 520
TRANSPORTATION.
TRAINING DEVICES
128 TRAINING AND EDUCATION 11,500 11,500 11,500 11,500
EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
130 MEDICAL SUPPORT 3,525 3,525 3,525 3,525
EQUIPMENT.
136 PHYSICAL SECURITY 3,000 3,000 3,000 3,000
EQUIPMENT.
TOTAL OTHER 343,526 343,526 343,526 343,526
PROCUREMENT, NAVY.

PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 120 17,456 120 17,456 120 17,456 120 17,456
(GMLRS).
OTHER SUPPORT (TEL)
015 MODIFICATION KITS....... 4,200 4,200 4,200 4,200
INTELL/COMM EQUIPMENT
(NON-TEL)
022 INTELLIGENCE SUPPORT 10,124 10,124 10,124 10,124
EQUIPMENT.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 16,183 16,183 16,183 16,183
MODIFICATIONS.
TOTAL PROCUREMENT, 120 47,963 120 47,963 120 47,963 120 47,963
MARINE CORPS.

AIRCRAFT PROCUREMENT,
AIR FORCE
HELICOPTERS
013 COMBAT RESCUE HELICOPTER 3 174,000 3 174,000 3 174,000 3 174,000
OTHER AIRCRAFT
020 MQ-9.................... 142,490 142,490 142,490 -84,590 57,900
ECP excess to need.. [-8,600]
Production line [-75,990]
shutdown ahead of
need.
021 RQ-20B PUMA............. 13,770 13,770 13,770 13,770
STRATEGIC AIRCRAFT
026 LARGE AIRCRAFT INFRARED 57,521 57,521 57,521 57,521
COUNTERMEASURES.
OTHER AIRCRAFT
046 U-2 MODS................ 9,600 9,600 9,600 9,600
055 COMPASS CALL............ 12,800 12,800 12,800 12,800
066 HC/MC-130 MODIFICATIONS. 58,020 58,020 58,020 58,020
069 MQ-9 UAS PAYLOADS....... 46,100 1 63,500 46,100 17,400 63,500
WAMI combat loss [1] [17,400] [17,400]
replacement.
070 CV-22 MODS.............. 6,290 6,290 6,290 6,290
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 10,700 10,700 10,700 10,700
PARTS.
072 MQ-9.................... 12,250 12,250 12,250 12,250
COMMON SUPPORT EQUIPMENT
073 AIRCRAFT REPLACEMENT 25,614 25,614 25,614 25,614
SUPPORT EQUIP.
TOTAL AIRCRAFT 3 569,155 4 586,555 3 569,155 -67,190 3 501,965
PROCUREMENT, AIR
FORCE.

MISSILE PROCUREMENT, AIR
FORCE
TACTICAL
004 JOINT AIR-SURFACE 24 30,000 24 30,000 24 30,000 24 30,000
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 3,969 143,420 3,969 143,420 3,969 143,420 3,969 143,420
MISSILE.
009 SMALL DIAMETER BOMB..... 1,283 50,352 1,283 50,352 1,283 50,352 1,283 50,352
TOTAL MISSILE 5,276 223,772 5,276 223,772 5,276 223,772 5,276 223,772
PROCUREMENT, AIR
FORCE.

PROCUREMENT OF
AMMUNITION, AIR FORCE
ROCKETS

[[Page H6736]]

001 ROCKETS................. 19,489 19,489 19,489 19,489
CARTRIDGES
002 CARTRIDGES.............. 40,434 40,434 40,434 40,434
BOMBS
004 GENERAL PURPOSE BOMBS... 369,566 369,566 369,566 369,566
006 JOINT DIRECT ATTACK 6,800 237,723 6,800 237,723 6,800 237,723 6,800 237,723
MUNITION.
FLARES
015 FLARES.................. 21,171 21,171 21,171 21,171
FUZES
016 FUZES................... 107,855 107,855 107,855 107,855
SMALL ARMS
UNDISTRIBUTED
017 SMALL ARMS.............. 6,217 6,217 6,217 6,217
TOTAL PROCUREMENT 6,800 802,455 6,800 802,455 6,800 802,455 6,800 802,455
OF AMMUNITION, AIR
FORCE.

OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,302 1,302 1,302 1,302
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL VEHICLE. 3,400 3,400 3,400 3,400
004 CARGO AND UTILITY 12,475 12,475 12,475 12,475
VEHICLES.
SPECIAL PURPOSE VEHICLES
005 JOINT LIGHT TACTICAL 26,150 26,150 26,150 26,150
VEHICLE.
007 SPECIAL PURPOSE VEHICLES 51,254 51,254 51,254 51,254
FIRE FIGHTING EQUIPMENT
008 FIRE FIGHTING/CRASH 24,903 24,903 24,903 24,903
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 14,167 14,167 14,167 14,167
VEHICLES.
BASE MAINTENANCE SUPPORT
010 RUNWAY SNOW REMOV AND 5,759 5,759 5,759 5,759
CLEANING EQU.
011 BASE MAINTENANCE SUPPORT 20,653 20,653 20,653 20,653
VEHICLES.
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 5,100 5,100 5,100 5,100
TECHNOLOGY.
030 AIR FORCE PHYSICAL 56,496 56,496 56,496 56,496
SECURITY SYSTEM.
ORGANIZATION AND BASE
049 BASE COMM INFRASTRUCTURE 30,717 30,717 30,717 30,717
BASE SUPPORT EQUIPMENT
055 ENGINEERING AND EOD 13,172 13,172 13,172 13,172
EQUIPMENT.
056 MOBILITY EQUIPMENT...... 33,694 33,694 33,694 33,694
057 FUELS SUPPORT EQUIPMENT 1,777 1,777 1,777 1,777
(FSE).
058 BASE MAINTENANCE AND 31,620 31,620 31,620 31,620
SUPPORT EQUIPMENT.
SPECIAL SUPPORT PROJECTS
061 DCGS-AF................. 18,700 18,700 18,700 18,700
SPARES AND REPAIR PARTS
065 SPARES AND REPAIR PARTS. 4,000 4,000 4,000 4,000
TOTAL OTHER 355,339 355,339 355,339 355,339
PROCUREMENT, AIR
FORCE.

PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
016 DEFENSE INFORMATION 6,120 6,120 6,120 6,120
SYSTEM NETWORK.
MAJOR EQUIPMENT, DEFENSE
THREAT REDUCTION AGENCY
030 COUNTER IMPROVISED 2,540 2,540 2,540 2,540
THREAT TECHNOLOGIES.
CLASSIFIED PROGRAMS
54A CLASSIFIED PROGRAMS..... 3,500 3,500 3,500 3,500
AVIATION PROGRAMS
056 MANNED ISR.............. 5,000 45,100 5,000 40,100 45,100
Combat loss [40,100] [40,100]
replacement--DHC-8.
057 MC-12................... 5,000 5,000 5,000 5,000
060 UNMANNED ISR............ 8,207 8,207 8,207 8,207
062 U-28.................... 24,711 24,711
Combat loss [24,711]
replacement.
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M..... 105,355 105,355 105,355 105,355
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS.... 16,234 16,234 16,234 16,234
073 OTHER ITEMS <$5M........ 984 984 984 984
076 TACTICAL VEHICLES....... 2,990 2,990 2,990 2,990
077 WARRIOR SYSTEMS <$5M.... 32,573 37,573 32,573 32,573
Development of [5,000]
autonomous, multi-
sensor cUAS
capabilities with
kinetic effects.
078 COMBAT MISSION 10,000 10,000 10,000 10,000
REQUIREMENTS.
080 OPERATIONAL ENHANCEMENTS 6,724 6,724 6,724 6,724
INTELLIGENCE.
081 OPERATIONAL ENHANCEMENTS 53,264 53,264 53,264 53,264
TOTAL PROCUREMENT, 258,491 303,591 258,491 64,811 323,302
DEFENSE-WIDE.

NATIONAL GUARD AND
RESERVE EQUIPMENT
ACCOUNT
UNDISTRIBUTED
007 UNDISTRIBUTED........... 150,000 150,000 150,000

[[Page H6737]]

Program increase.... [150,000] [150,000]
TOTAL NATIONAL 150,000 150,000 150,000
GUARD AND RESERVE
EQUIPMENT ACCOUNT.
TOTAL NATIONAL 150,000 150,000 150,000
GUARD AND RESERVE
EQUIPMENT.

TOTAL PROCUREMENT.. 18,457 5,128,098 18,458 5,485,798 18,411 5,030,913 236,053 18,457 5,514,151
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page H6738]]

TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2021 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
................................ RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
................................ BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES...... 303,257 308,257 315,257 15,000 318,257
................................ AI human performance [2,000]
optimization.
................................ Counter-UAS Army research [5,000] [5,000]
lab.
................................ Increase in basic research. [10,000] [10,000]
003 0601103A UNIVERSITY RESEARCH INITIATIVES 67,148 72,148 67,148 5,000 72,148
................................ Program increase........... [5,000] [5,000]
004 0601104A UNIVERSITY AND INDUSTRY 87,877 101,877 87,877 14,000 101,877
RESEARCH CENTERS.
................................ Automotive research center [5,000] [5,000]
modeling and simulation.
................................ Biotechnology advancements. [4,000] [4,000]
................................ Program increase........... [5,000] [5,000]
005 0601121A CYBER COLLABORATIVE RESEARCH 5,077 5,077 5,077 5,077
ALLIANCE.
................................ SUBTOTAL BASIC RESEARCH..... 463,359 487,359 475,359 34,000 497,359
................................
................................ APPLIED RESEARCH
007 0602115A BIOMEDICAL TECHNOLOGY.......... 11,835 11,835 15,835 11,835
................................ Pandemic vaccine response.. [4,000]
011 0602134A COUNTER IMPROVISED-THREAT 2,000 2,000 2,000 2,000
ADVANCED STUDIES.
012 0602141A LETHALITY TECHNOLOGY........... 42,425 47,425 45,425 8,000 50,425
................................ Hybrid additive [3,000] [3,000]
manufacturing.
................................ Next generation additive [5,000] [5,000]
manufacturing and 3-D
printed electronics.
013 0602142A ARMY APPLIED RESEARCH.......... 30,757 30,757 33,757 3,000 33,757
................................ Pathfinder Air Assault..... [3,000] [3,000]
014 0602143A SOLDIER LETHALITY TECHNOLOGY... 125,435 132,435 135,935 12,000 137,435
................................ HEROES program increase.... [5,000] [2,500] [5,000]
................................ Metal-based display [3,000]
technologies.
................................ Pathfinder Airborne........ [5,000] [5,000]
................................ Syn-bio enabled functional [2,000] [2,000]
materials for the soldier.
015 0602144A GROUND TECHNOLOGY.............. 28,047 45,047 30,047 19,000 47,047
................................ Cold weather military [2,000] [2,000]
research.
................................ Ground technology advanced [2,000] [2,000]
manufacturing, materials
and process initiative.
................................ Materials recovery [10,000] [10,000]
technologies for defense
supply resiliency.
................................ Polymeric composites via [5,000] [5,000]
cold spray additive
manufacturing.
016 0602145A NEXT GENERATION COMBAT VEHICLE 217,565 217,565 227,565 10,000 227,565
TECHNOLOGY.
................................ Ground combat vehicle [2,000] [2,000]
platform electrification.
................................ Immersive virtual modeling [5,000] [5,000]
and simulation techniques.
................................ Next Generation Combat [3,000] [3,000]
Vehicle modeling and
simulation.
017 0602146A NETWORK C3I TECHNOLOGY......... 114,404 134,404 126,404 15,000 129,404
................................ Alternative positioning [5,000] [5,000]
navigation and timing.
................................ Backpackable communications [5,000] [5,000]
intelligence system.
................................ Defense resiliency platform [3,000] [3,000]
against extreme cold
weather.
................................ Multi-drone multi-sensor [2,000] [2,000] [2,000]
ISR capability.
................................ Program increase........... [5,000] [5,000]
................................ Quantum computing base [2,000]
materials optimization.
................................ Sensor and electronic [3,000]
network initiatives.
018 0602147A LONG RANGE PRECISION FIRES 60,553 60,553 67,553 5,000 65,553
TECHNOLOGY.
................................ Composite artillery tube [7,000] [5,000]
and propulsion prototyping.
019 0602148A FUTURE VERTICLE LIFT TECHNOLOGY 96,484 101,484 96,484 5,000 101,484
................................ High density eVOTL power [5,000] [5,000]
source research.
020 0602150A AIR AND MISSILE DEFENSE 56,298 76,298 66,298 10,000 66,298
TECHNOLOGY.
................................ Advanced beam control [5,000] [5,000]
tracking and targeting.
................................ Counter unmanned aerial [5,000]
systems threat R&D.
................................ Counter unmanned aircraft [5,000]
systems research.

[[Page H6739]]

................................ High energy laser [5,000] [5,000]
technology.
................................ Radar research............. [5,000]
................................ UAS threat detection....... [5,000]
022 0602213A C3I APPLIED CYBER.............. 18,816 18,816 18,816 18,816
040 0602785A MANPOWER/PERSONNEL/TRAINING 20,766 20,766 20,766 20,766
TECHNOLOGY.
042 0602787A MEDICAL TECHNOLOGY............. 95,496 95,496 97,496 95,496
................................ Research for coronavirus [2,000]
vaccine.
................................ SUBTOTAL APPLIED RESEARCH... 920,881 994,881 984,381 87,000 1,007,881
................................
................................ ADVANCED TECHNOLOGY DEVELOPMENT
044 0603002A MEDICAL ADVANCED TECHNOLOGY.... 38,896 38,896 38,896 38,896
049 0603007A MANPOWER, PERSONNEL AND 11,659 11,659 11,659 11,659
TRAINING ADVANCED TECHNOLOGY.
052 0603115A MEDICAL DEVELOPMENT............ 27,723 27,723 27,723 27,723
053 0603117A ARMY ADVANCED TECHNOLOGY 62,663 62,663 62,663 62,663
DEVELOPMENT.
054 0603118A SOLDIER LETHALITY ADVANCED 109,608 118,608 111,608 11,000 120,608
TECHNOLOGY.
................................ 3D advanced manufacturing.. [2,000] [2,000]
................................ Advanced AI/AA analytics [5,000] [5,000]
for modernization and
readiness.
................................ Anthropomorphic study for [4,000] [4,000]
body armor modernization.
055 0603119A GROUND ADVANCED TECHNOLOGY..... 14,795 23,295 20,795 8,000 22,795
................................ Cybersecurity for [3,000]
industrial control systems
and building automation.
................................ Graphene applications for [3,000] [3,000]
military engineering.
................................ Rapid entry and sustainment [5,000] [5,000]
for the arctic.
................................ Survivability and energy [3,500]
reduction of hard shelters.
059 0603134A COUNTER IMPROVISED-THREAT 25,000 25,000 25,000 25,000
SIMULATION.
063 0603457A C3I CYBER ADVANCED DEVELOPMENT. 23,357 23,357 23,357 23,357
064 0603461A HIGH PERFORMANCE COMPUTING 188,024 188,024 193,024 5,000 193,024
MODERNIZATION PROGRAM.
................................ High performance computing [5,000] [5,000]
modernization.
065 0603462A NEXT GENERATION COMBAT VEHICLE 199,358 216,358 226,858 32,500 231,858
ADVANCED TECHNOLOGY.
................................ Carbon fiber and graphitic [10,000] [10,000]
composites.
................................ Cyber and connected vehicle [5,000]
innovation research.
................................ Cyber security support for [2,000]
vehicle development.
................................ Fuel cell powered vehicle [15,000] [10,000]
development.
................................ Small unit ground robotic [7,500] [7,500]
capabilities.
................................ Virtual experimentations [5,000] [5,000]
enhancement.
066 0603463A NETWORK C3I ADVANCED TECHNOLOGY 158,608 163,608 158,608 5,000 163,608
................................ Tactical geospatial [5,000] [5,000]
information development.
067 0603464A LONG RANGE PRECISION FIRES 121,060 131,060 124,060 10,000 131,060
ADVANCED TECHNOLOGY.
................................ Hypervelocity projectile-- [10,000] [3,000] [10,000]
extended range technologies.
068 0603465A FUTURE VERTICAL LIFT ADVANCED 156,194 156,194 156,194 156,194
TECHNOLOGY.
069 0603466A AIR AND MISSILE DEFENSE 58,130 63,130 73,630 15,500 73,630
ADVANCED TECHNOLOGY.
................................ Electromagnetic effects [5,000]
research to support fires
and AMD CFTs.
................................ High-energy laser system [10,500] [10,500]
characterization lab.
................................ Program acceleration....... [5,000] [5,000]
077 0603920A HUMANITARIAN DEMINING.......... 8,515 8,515 8,515 8,515
................................ SUBTOTAL ADVANCED TECHNOLOGY 1,203,590 1,258,090 1,262,590 87,000 1,290,590
DEVELOPMENT.
................................
................................ ADVANCED COMPONENT DEVELOPMENT
& PROTOTYPES
078 0603305A ARMY MISSLE DEFENSE SYSTEMS 11,062 21,062 14,062 13,000 24,062
INTEGRATION.
................................ Accelerated test and [10,000] [10,000]
integration.
................................ Hypersonic hot air tunnel [3,000] [3,000]
test environment.
079 0603308A ARMY SPACE SYSTEMS INTEGRATION. 26,230 26,230 26,230 26,230
080 0603327A AIR AND MISSILE DEFENSE SYSTEMS 26,482 26,482 26,482 26,482
ENGINEERING.
081 0603619A LANDMINE WARFARE AND BARRIER-- 64,092 66,092 64,092 -2,234 61,858
ADV DEV.
................................ Interim top attack support [-4,234]
costs carryover.
................................ MICLIC replacement [2,000] [2,000]
development.
083 0603639A TANK AND MEDIUM CALIBER 92,753 92,753 92,753 92,753
AMMUNITION.
084 0603645A ARMORED SYSTEM MODERNIZATION-- 151,478 163,978 151,478 -15,000 136,478
ADV DEV.
................................ Fuel cell powered vehicle [15,000]
development.
................................ Modeling and simulation [12,500]
support for vehicle
development.
................................ Program decrease........... [-15,000] [-15,000]
085 0603747A SOLDIER SUPPORT AND 5,841 5,841 5,841 5,841
SURVIVABILITY.
086 0603766A TACTICAL ELECTRONIC 194,775 194,775 194,775 -12,375 182,400
SURVEILLANCE SYSTEM--ADV DEV.
................................ MDSS sensor development [-12,375]
contract ahead of need.
087 0603774A NIGHT VISION SYSTEMS ADVANCED 24,316 24,316 24,316 24,316
DEVELOPMENT.

[[Page H6740]]

088 0603779A ENVIRONMENTAL QUALITY 13,387 13,387 13,387 13,387
TECHNOLOGY--DEM/VAL.
089 0603790A NATO RESEARCH AND DEVELOPMENT.. 4,762 4,762 4,762 4,762
090 0603801A AVIATION--ADV DEV.............. 647,937 647,937 652,937 5,000 652,937
................................ Future Long Range Assault [5,000] [5,000]
Aircraft (FLRAA).
091 0603804A LOGISTICS AND ENGINEER 4,761 4,761 4,761 4,761
EQUIPMENT--ADV DEV.
092 0603807A MEDICAL SYSTEMS--ADV DEV....... 28,520 28,520 28,520 28,520
093 0603827A SOLDIER SYSTEMS--ADVANCED 26,138 30,138 26,138 -2,000 24,138
DEVELOPMENT.
................................ IHPS program delays........ [-3,000] [-2,000]
................................ Lightweight Body Armor [7,000]
Fabrics.
094 0604017A ROBOTICS DEVELOPMENT........... 121,207 115,407 121,207 -6,415 114,792
................................ Excess testing and [-6,415]
evaluation growth.
................................ Program reduction.......... [-5,800]
096 0604021A ELECTRONIC WARFARE TECHNOLOGY 22,840 22,840 22,840 22,840
MATURATION (MIP).
097 0604035A LOW EARTH ORBIT (LEO) SATELLITE 22,678 22,678 22,678 22,678
CAPABILITY.
098 0604100A ANALYSIS OF ALTERNATIVES....... 10,082 10,082 10,082 10,082
099 0604101A SMALL UNMANNED AERIAL VEHICLE 1,378 1,378 1,378 1,378
(SUAV) (6.4).
100 0604113A FUTURE TACTICAL UNMANNED 40,083 40,083 40,083 40,083
AIRCRAFT SYSTEM (FTUAS).
101 0604114A LOWER TIER AIR MISSILE DEFENSE 376,373 376,373 376,373 376,373
(LTAMD) SENSOR.
102 0604115A TECHNOLOGY MATURATION 156,834 149,834 146,834 -10,000 146,834
INITIATIVES.
................................ OpFires lack of transition [-10,000] [-10,000]
pathway.
................................ Program decrease........... [-7,000]
103 0604117A MANEUVER--SHORT RANGE AIR 4,995 4,995 4,995 4,995
DEFENSE (M-SHORAD).
105 0604119A ARMY ADVANCED COMPONENT 170,490 170,490 170,490 170,490
DEVELOPMENT & PROTOTYPING.
106 0604120A ASSURED POSITIONING, NAVIGATION 128,125 128,125 128,125 128,125
AND TIMING (PNT).
107 0604121A SYNTHETIC TRAINING ENVIRONMENT 129,547 129,547 129,547 129,547
REFINEMENT & PROTOTYPING.
108 0604134A COUNTER IMPROVISED-THREAT 13,831 13,831 13,831 13,831
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
109 0604182A HYPERSONICS.................... 801,417 811,417 796,417 10,000 811,417
................................ Lack of hypersonic [-5,000]
prototyping coordination.
................................ Program increase........... [10,000] [10,000]
111 0604403A FUTURE INTERCEPTOR............. 7,992 7,992 7,992 7,992
112 0604541A UNIFIED NETWORK TRANSPORT...... 40,677 40,677 40,677 40,677
115 0305251A CYBERSPACE OPERATIONS FORCES 50,525 50,525 50,525 50,525
AND FORCE SUPPORT.
................................ SUBTOTAL ADVANCED COMPONENT 3,421,608 3,447,308 3,414,608 -20,024 3,401,584
DEVELOPMENT & PROTOTYPES.
................................
................................ SYSTEM DEVELOPMENT &
DEMONSTRATION
118 0604201A AIRCRAFT AVIONICS.............. 2,764 2,764 2,764 2,764
119 0604270A ELECTRONIC WARFARE DEVELOPMENT. 62,426 62,426 62,426 -3,400 59,026
................................ MFEW developmenal test [-3,400]
flight ahead of need.
121 0604601A INFANTRY SUPPORT WEAPONS....... 91,574 98,574 91,574 -1,804 89,770
................................ Advanced gunner protection [2,000] [2,000]
kit development.
................................ NGSW special purpose [-8,804]
projectile development
delay.
................................ Soldier Enhancement Program [5,000] [5,000]
122 0604604A MEDIUM TACTICAL VEHICLES....... 8,523 8,523 8,523 8,523
123 0604611A JAVELIN........................ 7,493 7,493 7,493 7,493
124 0604622A FAMILY OF HEAVY TACTICAL 24,792 24,792 24,792 24,792
VEHICLES.
125 0604633A AIR TRAFFIC CONTROL............ 3,511 3,511 3,511 3,511
126 0604642A LIGHT TACTICAL WHEELED VEHICLES 1,976 1,976 1,976 1,976
127 0604645A ARMORED SYSTEMS MODERNIZATION 135,488 135,488 135,488 135,488
(ASM)--ENG DEV.
128 0604710A NIGHT VISION SYSTEMS--ENG DEV.. 61,445 61,445 61,445 -6,168 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 2,814 2,814
EQUIPMENT.
130 0604715A NON-SYSTEM TRAINING DEVICES-- 28,036 28,036 28,036 28,036
ENG DEV.
131 0604741A AIR DEFENSE COMMAND, CONTROL 43,651 39,651 83,651 42,500 86,151
AND INTELLIGENCE--ENG DEV.
................................ Army identified funds [-4,000]
excess to need.
................................ Joint Counter-UAS Office [17,500] [17,500]
acceleration.
................................ Joint Counter-UAS Office [7,500]
SOCOM advanced capabilities.
................................ Joint Counter-UAS Office [15,000] [25,000]
SOCOM cUAS capabilitities
for austere locations
abroad.
132 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 10,150 10,150 10,150 10,150
DEVELOPMENT.
133 0604746A AUTOMATIC TEST EQUIPMENT 5,578 5,578 5,578 5,578
DEVELOPMENT.
134 0604760A DISTRIBUTIVE INTERACTIVE 7,892 7,892 7,892 7,892
SIMULATIONS (DIS)--ENG DEV.

[[Page H6741]]

135 0604768A BRILLIANT ANTI-ARMOR 24,975 24,975 24,975 24,975
SUBMUNITION (BAT).
136 0604780A COMBINED ARMS TACTICAL TRAINER 3,568 3,568 3,568 3,568
(CATT) CORE.
137 0604798A BRIGADE ANALYSIS, INTEGRATION 19,268 19,268 19,268 19,268
AND EVALUATION.
138 0604802A WEAPONS AND MUNITIONS--ENG DEV. 265,811 265,811 266,611 265,811
................................ Increase NGSW soldier [800]
touchpoints.
139 0604804A LOGISTICS AND ENGINEER 49,694 49,694 49,694 -1,350 48,344
EQUIPMENT--ENG DEV.
................................ 194 excess support costs... [-1,350]
140 0604805A COMMAND, CONTROL, 11,079 11,079 11,079 11,079
COMMUNICATIONS SYSTEMS--ENG
DEV.
141 0604807A MEDICAL MATERIEL/MEDICAL 49,870 49,870 49,870 49,870
BIOLOGICAL DEFENSE EQUIPMENT--
ENG DEV.
142 0604808A LANDMINE WARFARE/BARRIER--ENG 9,589 9,589 9,589 9,589
DEV.
143 0604818A ARMY TACTICAL COMMAND & CONTROL 162,513 152,513 162,513 -21,839 140,674
HARDWARE & SOFTWARE.
................................ Command post integrated [-10,000] [-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.............. 109,259 109,259 109,259 109,259
145 0604822A GENERAL FUND ENTERPRISE 21,201 21,201 21,201 21,201
BUSINESS SYSTEM (GFEBS).
146 0604823A FIREFINDER..................... 20,008 16,808 20,008 -3,200 16,808
................................ Prior year carry-over...... [-3,200] [-3,200]
147 0604827A SOLDIER SYSTEMS--WARRIOR DEM/ 6,534 6,534 6,534 6,534
VAL.
148 0604852A SUITE OF SURVIVABILITY 82,459 109,380 129,459 41,921 124,380
ENHANCEMENT SYSTEMS--EMD.
................................ Bradley and Stryker APS.... [47,000]
................................ Prior year carry-over...... [-5,079] [-5,079]
................................ Program increase for [32,000] [47,000]
vehicle protection systems.
149 0604854A ARTILLERY SYSTEMS--EMD......... 11,611 11,611 11,611 11,611
150 0605013A INFORMATION TECHNOLOGY 142,678 137,678 147,678 -18,066 124,612
DEVELOPMENT.
................................ FL9 unjustified request.... [-5,987]
................................ FM7 HRC core IT schedule [-8,915]
discrepancy.
................................ FM8 ATIS release 2 ahead of [-3,164]
need.
................................ Integrated data software [5,000]
pilot program.
................................ Reprioritization........... [-5,000]
151 0605018A INTEGRATED PERSONNEL AND PAY 115,286 115,286 115,286 115,286
SYSTEM-ARMY (IPPS-A).
152 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,594 76,594 96,594 -20,000 76,594
(AMPV).
................................ Army identified funds [-20,000] [-12,000]
excess to need.
................................ Test delays................ [-8,000]
154 0605030A JOINT TACTICAL NETWORK CENTER 16,264 16,264 16,264 16,264
(JTNC).
155 0605031A JOINT TACTICAL NETWORK (JTN)... 31,696 31,696 31,696 31,696
157 0605033A GROUND-BASED OPERATIONAL 5,976 5,976 5,976 5,976
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
159 0605035A COMMON INFRARED COUNTERMEASURES 23,321 28,321 23,321 5,000 28,321
(CIRCM).
................................ AI virtual training [5,000] [5,000]
environments.
161 0605038A NUCLEAR BIOLOGICAL CHEMICAL 4,846 4,846 4,846 4,846
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
162 0605041A DEFENSIVE CYBER TOOL 28,544 28,544 16,544 -12,000 16,544
DEVELOPMENT.
................................ Army Cyber SU program...... [-12,000] [-12,000]
163 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,178 28,178 28,178 -6,021 22,157
(LOW-TIER).
................................ Testing unjustified request [-6,021]
164 0605047A CONTRACT WRITING SYSTEM........ 22,860 22,860 22,860 22,860
166 0605051A AIRCRAFT SURVIVABILITY 35,893 35,893 35,893 35,893
DEVELOPMENT.
167 0605052A INDIRECT FIRE PROTECTION 235,770 187,970 187,970 -47,762 188,008
CAPABILITY INC 2--BLOCK 1.
................................ Army identified funds [-47,800] [-47,762]
excess to need.
................................ Army-identified funding [-47,800]
early to need.
168 0605053A GROUND ROBOTICS................ 13,710 13,710 13,710 13,710
169 0605054A EMERGING TECHNOLOGY INITIATIVES 294,739 284,739 294,739 294,739
................................ Program decrease........... [-10,000]
170 0605145A MEDICAL PRODUCTS AND SUPPORT 954 954 954 954
SYSTEMS DEVELOPMENT.
171 0605203A ARMY SYSTEM DEVELOPMENT & 150,201 150,201 150,201 150,201
DEMONSTRATION.
172 0605205A SMALL UNMANNED AERIAL VEHICLE 5,999 5,999 5,999 5,999
(SUAV) (6.5).
174 0605450A JOINT AIR-TO-GROUND MISSILE 8,891 8,891 8,891 8,891
(JAGM).
175 0605457A ARMY INTEGRATED AIR AND MISSILE 193,929 193,929 193,929 193,929
DEFENSE (AIAMD).
176 0605625A MANNED GROUND VEHICLE.......... 327,732 244,732 247,732 -83,232 244,500
................................ Army identified funds [-83,000] [-83,232]
excess to need.
................................ OMFV program reset......... [-80,000]
177 0605766A NATIONAL CAPABILITIES 7,670 7,670 7,670 7,670
INTEGRATION (MIP).

[[Page H6742]]

178 0605812A JOINT LIGHT TACTICAL VEHICLE 1,742 1,742 1,742 1,742
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
179 0605830A AVIATION GROUND SUPPORT 1,467 4,467 1,467 1,467
EQUIPMENT.
................................ Aircraft cleaning and [3,000]
deicing system development.
180 0303032A TROJAN--RH12................... 3,451 3,451 3,451 3,451
183 0304270A ELECTRONIC WARFARE DEVELOPMENT. 55,855 55,855 55,855 55,855
................................ SUBTOTAL SYSTEM DEVELOPMENT 3,199,798 3,058,719 3,152,798 -135,421 3,064,377
& DEMONSTRATION.
................................
................................ MANAGEMENT SUPPORT
185 0604256A THREAT SIMULATOR DEVELOPMENT... 14,515 14,515 14,515 14,515
186 0604258A TARGET SYSTEMS DEVELOPMENT..... 10,668 10,668 10,668 10,668
187 0604759A MAJOR T&E INVESTMENT........... 106,270 111,270 106,270 5,000 111,270
................................ Program increase........... [5,000] [5,000]
188 0605103A RAND ARROYO CENTER............. 13,481 13,481 13,481 13,481
189 0605301A ARMY KWAJALEIN ATOLL........... 231,824 231,824 231,824 231,824
190 0605326A CONCEPTS EXPERIMENTATION 54,898 54,898 54,898 54,898
PROGRAM.
192 0605601A ARMY TEST RANGES AND FACILITIES 350,359 350,359 365,359 15,000 365,359
................................ Program increase--Army [15,000] [15,000]
directed energy T&E.
193 0605602A ARMY TECHNICAL TEST 48,475 62,975 48,475 48,475
INSTRUMENTATION AND TARGETS.
................................ Aviation component testing. [5,000]
................................ Testing additive [9,500]
manufacturing technology.
194 0605604A SURVIVABILITY/LETHALITY 36,001 36,001 36,001 36,001
ANALYSIS.
195 0605606A AIRCRAFT CERTIFICATION......... 2,736 2,736 2,736 2,736
196 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,488 6,488 6,488 6,488
ACTIVITIES.
197 0605706A MATERIEL SYSTEMS ANALYSIS...... 21,859 21,859 21,859 21,859
198 0605709A EXPLOITATION OF FOREIGN ITEMS.. 7,936 7,936 7,936 7,936
199 0605712A SUPPORT OF OPERATIONAL TESTING. 54,470 54,470 54,470 54,470
200 0605716A ARMY EVALUATION CENTER......... 63,141 63,141 63,141 63,141
201 0605718A ARMY MODELING & SIM X-CMD 2,572 2,572 2,572 2,572
COLLABORATION & INTEG.
202 0605801A PROGRAMWIDE ACTIVITIES......... 87,472 87,472 87,472 87,472
203 0605803A TECHNICAL INFORMATION 26,244 26,244 26,244 26,244
ACTIVITIES.
204 0605805A MUNITIONS STANDARDIZATION, 40,133 50,133 40,133 7,367 47,500
EFFECTIVENESS AND SAFETY.
................................ Conventional ammunition [-1,633]
demilitarization carryover.
................................ Development of polymer- [5,000] [5,000]
cased ammunition.
................................ Manufacturing technology [-1,000]
for industrial base
transformation carryover.
................................ Program acceleration....... [5,000] [5,000]
205 0605857A ENVIRONMENTAL QUALITY 1,780 1,780 1,780 1,780
TECHNOLOGY MGMT SUPPORT.
206 0605898A ARMY DIRECT REPORT 55,045 55,045 55,045 55,045
HEADQUARTERS--R&D - MHA.
208 0606002A RONALD REAGAN BALLISTIC MISSILE 71,306 71,306 71,306 71,306
DEFENSE TEST SITE.
209 0606003A COUNTERINTEL AND HUMAN INTEL 1,063 1,063 1,063 1,063
MODERNIZATION.
210 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES 19,891 19,891 19,891 19,891
211 0606942A ASSESSMENTS AND EVALUATIONS 4,496 4,496 4,496 4,496
CYBER VULNERABILITIES.
................................ SUBTOTAL MANAGEMENT SUPPORT. 1,333,123 1,362,623 1,348,123 27,367 1,360,490
................................
................................ OPERATIONAL SYSTEMS DEVELOPMENT
214 0603778A MLRS PRODUCT IMPROVEMENT 10,157 10,157 10,157 10,157
PROGRAM.
216 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT. 8,682 8,682 8,682 8,682
217 0607131A WEAPONS AND MUNITIONS PRODUCT 20,409 20,409 20,409 20,409
IMPROVEMENT PROGRAMS.
219 0607134A LONG RANGE PRECISION FIRES 122,733 56,633 115,233 -15,000 107,733
(LRPF).
................................ Excess funds due to second [-7,500]
vendor dropped.
................................ Program reduction.......... [-66,100] [-15,000]
221 0607136A BLACKHAWK PRODUCT IMPROVEMENT 11,236 16,236 11,236 11,236
PROGRAM.
................................ Thermoplastic drive shafts. [5,000]
222 0607137A CHINOOK PRODUCT IMPROVEMENT 46,091 51,091 46,091 5,000 51,091
PROGRAM.
................................ Carbon composite materials [5,000] [5,000]
for wheels and brakes.
224 0607139A IMPROVED TURBINE ENGINE PROGRAM 249,257 249,257 249,257 -3,748 245,509
................................ Unjustified matrixed [-3,748]
engineering support growth.
225 0607142A AVIATION ROCKET SYSTEM PRODUCT 17,155 17,155 17,155 17,155
IMPROVEMENT AND DEVELOPMENT.
226 0607143A UNMANNED AIRCRAFT SYSTEM 7,743 7,743 7,743 7,743
UNIVERSAL PRODUCTS.
227 0607145A APACHE FUTURE DEVELOPMENT...... 77,177 77,177 77,177 77,177
228 0607150A INTEL CYBER DEVELOPMENT........ 14,652 14,652 14,652 14,652
229 0607312A ARMY OPERATIONAL SYSTEMS 35,851 35,851 35,851 35,851
DEVELOPMENT.
230 0607665A FAMILY OF BIOMETRICS........... 1,324 1,324 1,324 1,324
231 0607865A PATRIOT PRODUCT IMPROVEMENT.... 187,840 187,840 187,840 187,840

[[Page H6743]]

232 0203728A JOINT AUTOMATED DEEP OPERATION 44,691 44,691 44,691 44,691
COORDINATION SYSTEM (JADOCS).
233 0203735A COMBAT VEHICLE IMPROVEMENT 268,919 263,252 268,919 -8,667 260,252
PROGRAMS.
................................ Bradley excess carryover... [-3,000]
................................ CROWS-J program delay...... [-5,667] [-5,667]
234 0203743A 155MM SELF-PROPELLED HOWITZER 427,254 290,963 427,254 -136,291 290,963
IMPROVEMENTS.
................................ Army identified as excess [-130,000] [-130,000]
to need.
................................ Prior year carry-over...... [-6,291] [-6,291]
235 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 11,688 7,688 11,688 11,688
IMPROVEMENT PROGRAMS.
................................ Early to need.............. [-4,000]
236 0203752A AIRCRAFT ENGINE COMPONENT 80 80 80 80
IMPROVEMENT PROGRAM.
237 0203758A DIGITIZATION................... 4,516 4,516 4,516 4,516
238 0203801A MISSILE/AIR DEFENSE PRODUCT 1,288 1,288 1,288 1,288
IMPROVEMENT PROGRAM.
239 0203802A OTHER MISSILE PRODUCT 79,424 19,424 79,424 -60,000 19,424
IMPROVEMENT PROGRAMS.
................................ Program decrease........... [-60,000] [-60,000]
243 0205412A ENVIRONMENTAL QUALITY 259 259 259 259
TECHNOLOGY--OPERATIONAL SYSTEM
DEV.
244 0205456A LOWER TIER AIR AND MISSILE 166 166 166 166
DEFENSE (AMD) SYSTEM.
245 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 75,575 75,575 93,075 75,575
SYSTEM (GMLRS).
................................ Qualification of second SRM [17,500]
source.
246 0208053A JOINT TACTICAL GROUND SYSTEM... 9,510 9,510 9,510 9,510
249 0303140A INFORMATION SYSTEMS SECURITY 29,270 29,270 29,270 29,270
PROGRAM.
250 0303141A GLOBAL COMBAT SUPPORT SYSTEM... 86,908 86,908 86,908 86,908
251 0303142A SATCOM GROUND ENVIRONMENT 18,684 18,684 18,684 18,684
(SPACE).
256 0305179A INTEGRATED BROADCAST SERVICE 467 467 467 467
(IBS).
257 0305204A TACTICAL UNMANNED AERIAL 4,051 4,051 4,051 4,051
VEHICLES.
258 0305206A AIRBORNE RECONNAISSANCE SYSTEMS 13,283 13,283 13,283 13,283
259 0305208A DISTRIBUTED COMMON GROUND/ 47,204 47,204 47,204 47,204
SURFACE SYSTEMS.
264 0708045A END ITEM INDUSTRIAL 61,012 67,012 78,512 17,500 78,512
PREPAREDNESS ACTIVITIES.
................................ 6.8mm projectile [4,000]
development.
................................ Functional fabrics [7,500] [7,500]
manufacturing.
................................ Lightweight film armor [2,000]
development.
................................ Nanoscale materials [5,000] [5,000]
manufacturing.
................................ Tungsten manufacturing for [5,000] [5,000]
armanents.
266A 9999999999 CLASSIFIED PROGRAMS............ 3,983 3,983 3,983 3,983
................................ SUBTOTAL OPERATIONAL SYSTEMS 1,998,539 1,742,481 2,026,039 -201,206 1,797,333
DEVELOPMENT.
................................
................................ SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
................................ UNDISTRIBUTED
267 0608041A DEFENSIVE CYBER--SOFTWARE 46,445 46,445 46,445 12,000 58,445
PROTOTYPE DEVELOPMENT.
................................ Army-requested transfer [12,000]
from Other Procurement,
Army line 53 for program
management.
................................ SUBTOTAL SOFTWARE AND 46,445 46,445 46,445 12,000 58,445
DIGITAL TECHNOLOGY PILOT
PROGRAMS.
................................ SUBTOTAL UNDISTRIBUTED...... 12,000 12,000
................................
................................ TOTAL RESEARCH, 12,587,343 12,397,906 12,710,343 -109,284 12,478,059
DEVELOPMENT, TEST & EVAL,
ARMY.
................................
................................ RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
................................ BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES 116,816 126,816 118,816 10,000 126,816
................................ Defense University Research [5,000] [2,000] [5,000]
and Instrumentation Program.
................................ Program increase........... [5,000] [5,000]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,113 19,113 19,113 19,113
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES...... 467,158 467,158 480,158 12,000 479,158
................................ Increase in basic research. [10,000] [10,000]
................................ Predictive modeling for [3,000] [2,000]
undersea vehicles.
................................ SUBTOTAL BASIC RESEARCH..... 603,087 613,087 618,087 22,000 625,087
................................
................................ APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED 17,792 17,792 17,792 17,792
RESEARCH.
005 0602123N FORCE PROTECTION APPLIED 122,281 156,281 140,281 19,000 141,281
RESEARCH.
................................ Additive manufacturing of [5,000] [5,000]
unmanned maritime systems.
................................ Cyber physical security and [5,000]
resiliency research.
................................ Direct Air Capture and Blue [9,000] [8,000] [9,000]
Carbon Removal Technology
Program.

[[Page H6744]]

................................ Electric propulsion for [2,000]
military craft and advanced
planning hulls.
................................ Expeditionary unmanned [5,000] [5,000]
systems launch and recovery.
................................ Talent and technology for [5,000] [5,000]
power and energy systems.
................................ Testbed for autonomous ship [3,000]
systems.
................................ Unmanned logistics [5,000]
solutions.
006 0602131M MARINE CORPS LANDING FORCE 50,623 50,623 53,623 5,000 55,623
TECHNOLOGY.
................................ Interdisciplinary [3,000]
cybersecurity research.
................................ Unmanned logistics [5,000]
solutions.
007 0602235N COMMON PICTURE APPLIED RESEARCH 48,001 48,001 48,001 48,001
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 67,765 77,765 74,765 7,000 74,765
RESEARCH.
................................ High mobility ground robots [5,000]
................................ Humanoid robotics research. [5,000] [4,000] [5,000]
................................ Social networks and [3,000] [2,000]
computational social
science.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 84,994 84,994 84,994 84,994
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,392 73,392 63,392 10,000 73,392
APPLIED RESEARCH.
................................ Extreme weather events [5,000] [5,000]
research.
................................ Program increase........... [5,000] [5,000]
011 0602651M JOINT NON-LETHAL WEAPONS 6,343 6,343 6,343 6,343
APPLIED RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED 56,397 91,397 63,897 20,000 76,397
RESEARCH.
................................ Academic partnerships for [10,000] [7,500] [10,000]
undersea vehicle research.
................................ Autonomous undersea [10,000] [10,000]
robotics.
................................ Cross-domain autonomy for [10,000]
persistent maritime
operations.
................................ Expandable structures for [5,000]
operational effectiveness
research.
013 0602750N FUTURE NAVAL CAPABILITIES 167,590 167,590 167,590 167,590
APPLIED RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 30,715 30,715 30,715 30,715
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES 160,537 160,537 167,837 7,300 167,837
(INP) APPLIED RESEARCH.
................................ Thermoplastic materials.... [7,300] [7,300]
016 0602861N SCIENCE AND TECHNOLOGY 76,745 76,745 76,745 76,745
MANAGEMENT--ONR FIELD
ACITIVITIES.
................................ SUBTOTAL APPLIED RESEARCH... 953,175 1,042,175 995,975 68,300 1,021,475
................................
................................ ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 24,410 29,410 24,410 24,410
TECHNOLOGY.
................................ Additive manufacturing..... [5,000]
018 0603271N ELECTROMAGNETIC SYSTEMS 8,008 8,008 8,008 8,008
ADVANCED TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 219,045 249,045 222,045 219,045
DEMONSTRATION (ATD).
................................ Expeditionary autonomous [5,000]
logistics.
................................ Heavy payload solar powered [20,000]
UAS.
................................ Mission planning advanced [3,000]
technology demonstration.
................................ Modular Advanced Armed [5,000]
Robotic System.
020 0603651M JOINT NON-LETHAL WEAPONS 13,301 13,301 13,301 13,301
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES 246,054 246,054 246,054 -3,689 242,365
ADVANCED TECHNOLOGY
DEVELOPMENT.
................................ C-ENCAP program delays..... [-3,689]
022 0603680N MANUFACTURING TECHNOLOGY 60,122 60,122 60,122 60,122
PROGRAM.
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,851 4,851 4,851 4,851
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS 40,709 40,709 40,709 40,709
AND DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY WARFARE 1,948 1,948 1,948 1,948
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES 141,948 161,948 141,948 20,000 161,948
(INP) ADVANCED TECHNOLOGY
DEVELOPMENT.
................................ Accelerated railgun [20,000] [20,000]
technology maturation.
................................ SUBTOTAL ADVANCED TECHNOLOGY 760,396 815,396 763,396 16,311 776,707
DEVELOPMENT.
................................
................................ ADVANCED COMPONENT DEVELOPMENT
& PROTOTYPES
027 0603178N MEDIUM AND LARGE UNMANNED 464,042 270,442 -204,800 259,242
SURFACE VEHICLES (USVS).
................................ EPF conversion to LUSV [45,000]
prototype.
................................ Excess procurement ahead of [-464,042]
satisfactory testing.
................................ LUSV additional prototypes. [-159,300]
................................ Two additional Overlord [-238,600]
vessels excess to need.
................................ Unmanned surface vehicle [-45,500]
enabling capabilities--
payload program reduction.
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS 35,386 35,386 35,386 35,386
029 0603216N AVIATION SURVIVABILITY......... 13,428 13,428 13,428 13,428
030 0603239N ISO NAVAL CONSTRUCTION FORCES.. 2,350 2,350 2,350 2,350

[[Page H6745]]

031 0603251N AIRCRAFT SYSTEMS............... 418 418 418 418
032 0603254N ASW SYSTEMS DEVELOPMENT........ 15,719 15,719 15,719 15,719
033 0603261N TACTICAL AIRBORNE 3,411 3,411 3,411 3,411
RECONNAISSANCE.
034 0603382N ADVANCED COMBAT SYSTEMS 70,218 70,218 56,118 -7,000 63,218
TECHNOLOGY.
................................ Project 3416: HIJENKS [-7,000] [-7,000]
insufficient schedule
justification.
................................ Project 3422: SHARC excess [-7,100]
platforms ahead of
satisfactory testing.
035 0603502N SURFACE AND SHALLOW WATER MINE 52,358 52,358 24,158 -4,550 47,808
COUNTERMEASURES.
................................ Project 2989: Barracuda [-28,200] [-4,550]
program delay.
036 0603506N SURFACE SHIP TORPEDO DEFENSE... 12,816 12,816 12,816 12,816
037 0603512N CARRIER SYSTEMS DEVELOPMENT.... 7,559 7,559 7,559 7,559
038 0603525N PILOT FISH..................... 358,757 278,557 358,757 -80,200 278,557
................................ Excess cost growth......... [-25,000] [-25,000]
................................ Program adjustment......... [-55,200] [-55,200]
039 0603527N RETRACT LARCH.................. 12,562 12,562 12,562 12,562
040 0603536N RETRACT JUNIPER................ 148,000 148,000 148,000 148,000
041 0603542N RADIOLOGICAL CONTROL........... 778 778 778 778
042 0603553N SURFACE ASW.................... 1,161 1,161 1,161 1,161
043 0603561N ADVANCED SUBMARINE SYSTEM 185,356 90,356 195,356 -27,430 157,926
DEVELOPMENT.
................................ Excessive accelerated [-28,200]
development.
................................ Out-of-autoclave submarine [20,000]
technology development.
................................ Project 1 insufficient [-66,800]
budget justification.
................................ Project 9710 unjustified [-27,430]
new start.
................................ Project 9710: EDMs early to [-10,000]
need.
044 0603562N SUBMARINE TACTICAL WARFARE 10,528 10,528 10,528 10,528
SYSTEMS.
045 0603563N SHIP CONCEPT ADVANCED DESIGN... 126,396 136,396 63,296 -15,000 111,396
................................ Expeditionary sustainment [5,000]
and repair-related
technologies.
................................ Polymorphic build farm for [5,000] [5,000]
open source technologies.
................................ Project 2196: Future [-19,100]
surface combatant early to
need.
................................ Project 3161: Program [16,000]
increase for CBM+
initiative.
................................ Project 4044: Medium [-30,000] [-10,000]
amphibious ship early to
need.
................................ Project 4045: Medium [-30,000] [-10,000]
logistics ship early to
need.
046 0603564N SHIP PRELIMINARY DESIGN & 70,270 70,270 28,970 -33,300 36,970
FEASIBILITY STUDIES.
................................ Project 0411: LSC [-41,300]
preliminary design and CDD
early to need.
................................ Project 0411: Preliminary [-17,100]
design early to need.
................................ Project 0411: Requirements [-16,200]
and concept analysis excess
growth.
047 0603570N ADVANCED NUCLEAR POWER SYSTEMS. 149,188 149,188 149,188 149,188
048 0603573N ADVANCED SURFACE MACHINERY 38,449 38,449 238,449 7,000 45,449
SYSTEMS.
................................ Accelerate ITF to achieve [75,000]
full test capability in
FY23.
................................ Accelerate qualification of [10,000] [7,500]
silicon carbide power
modules.
................................ Power and energy systems [-500]
contract award delay.
................................ USV autonomy development... [45,000]
................................ USV engine and generator [70,000]
qualification testing.
049 0603576N CHALK EAGLE.................... 71,181 71,181 71,181 71,181
050 0603581N LITTORAL COMBAT SHIP (LCS)..... 32,178 32,178 27,178 32,178
................................ Project 3096: Available [-5,000]
prior year funds.
051 0603582N COMBAT SYSTEM INTEGRATION...... 17,843 17,843 17,843 17,843
052 0603595N OHIO REPLACEMENT............... 317,196 317,196 317,196 317,196
053 0603596N LCS MISSION MODULES............ 67,875 67,875 32,875 67,875
................................ Project 2550: LCS MCM MP [-20,000]
outdated IMS and TEMP.
................................ Project 2551: LCS ASW MP [-15,000]
available prior year funds
due to testing delays.
054 0603597N AUTOMATED TEST AND ANALYSIS.... 4,797 4,797 4,797 4,797
055 0603599N FRIGATE DEVELOPMENT............ 82,309 82,309 82,309 82,309
056 0603609N CONVENTIONAL MUNITIONS......... 9,922 9,922 2,122 9,922
................................ Project 0363: Insufficient [-7,800]
justification.
057 0603635M MARINE CORPS GROUND COMBAT/ 189,603 182,603 189,603 -7,000 182,603
SUPPORT SYSTEM.
................................ Program delay.............. [-7,000] [-7,000]
058 0603654N JOINT SERVICE EXPLOSIVE 43,084 43,084 43,084 43,084
ORDNANCE DEVELOPMENT.
059 0603713N OCEAN ENGINEERING TECHNOLOGY 6,346 6,346 6,346 6,346
DEVELOPMENT.
060 0603721N ENVIRONMENTAL PROTECTION....... 20,601 20,601 20,601 20,601
061 0603724N NAVY ENERGY PROGRAM............ 23,422 23,422 23,422 23,422
062 0603725N FACILITIES IMPROVEMENT......... 4,664 4,664 4,664 4,664
063 0603734N CHALK CORAL.................... 545,763 520,763 545,763 -72,000 473,763

[[Page H6746]]

................................ Excess cost growth......... [-25,000] [-72,000]
064 0603739N NAVY LOGISTIC PRODUCTIVITY..... 3,884 3,884 3,884 3,884
065 0603746N RETRACT MAPLE.................. 353,226 353,226 353,226 -4,536 348,690
................................ Program adjustment......... [-4,536]
066 0603748N LINK PLUMERIA.................. 544,388 519,388 544,388 -47,000 497,388
................................ Excess cost growth......... [-25,000]
................................ Program adjustment......... [-47,000]
067 0603751N RETRACT ELM.................... 86,730 86,730 86,730 86,730
068 0603764M LINK EVERGREEN................. 236,234 236,234 236,234 -4,464 231,770
................................ Program adjustment......... [-4,464]
070 0603790N NATO RESEARCH AND DEVELOPMENT.. 6,880 6,880 6,880 6,880
071 0603795N LAND ATTACK TECHNOLOGY......... 10,578 10,578 10,578 10,578
072 0603851M JOINT NON-LETHAL WEAPONS 28,435 28,435 28,435 28,435
TESTING.
073 0603860N JOINT PRECISION APPROACH AND 33,612 33,612 33,612 33,612
LANDING SYSTEMS--DEM/VAL.
074 0603925N DIRECTED ENERGY AND ELECTRIC 128,845 216,845 113,845 128,845
WEAPON SYSTEMS.
................................ One additional system...... [88,000]
................................ Project 3402: Excess [-15,000]
engineering and sustainment
support.
075 0604014N F/A -18 INFRARED SEARCH AND 84,190 84,190 84,190 84,190
TRACK (IRST).
076 0604027N DIGITAL WARFARE OFFICE......... 54,699 54,699 54,699 -16,701 37,998
................................ Project 3255 excess growth. [-9,979]
................................ Project 3425 excess growth. [-6,722]
077 0604028N SMALL AND MEDIUM UNMANNED 53,942 53,942 53,942 -1,922 52,020
UNDERSEA VEHICLES.
................................ Small unmanned underwater [-1,922]
vehicles concurrency.
078 0604029N UNMANNED UNDERSEA VEHICLE CORE 40,060 40,060 40,060 40,060
TECHNOLOGIES.
079 0604030N RAPID PROTOTYPING, 12,100 12,100 12,100 12,100
EXPERIMENTATION AND
DEMONSTRATION..
080 0604031N LARGE UNMANNED UNDERSEA 78,122 42,122 42,122 -32,565 45,557
VEHICLES.
................................ Early to need, phase 1 [-36,000] [-32,565]
results needed first.
................................ Project 2094: Excess [-36,000]
procurement ahead of phase
1 testing.
081 0604112N GERALD R. FORD CLASS NUCLEAR 107,895 107,895 107,895 107,895
AIRCRAFT CARRIER (CVN 78--80).
082 0604126N LITTORAL AIRBORNE MCM.......... 17,366 17,366 17,366 17,366
083 0604127N SURFACE MINE COUNTERMEASURES... 18,754 18,754 18,754 18,754
084 0604272N TACTICAL AIR DIRECTIONAL 59,776 59,776 59,776 -7,750 52,026
INFRARED COUNTERMEASURES
(TADIRCM).
................................ DAIRCM hardware development [-7,750]
contract award delay.
086 0604292N FUTURE VERTICAL LIFT (MARITIME 5,097 5,097 5,097 5,097
STRIKE).
087 0604320M RAPID TECHNOLOGY CAPABILITY 3,664 3,664 3,664 3,664
PROTOTYPE.
088 0604454N LX (R)......................... 10,203 10,203 10,203 10,203
089 0604536N ADVANCED UNDERSEA PROTOTYPING.. 115,858 105,858 95,858 -23,256 92,602
................................ Excess scope adjustments... [-23,256]
................................ Orca UUV testing delay and [-10,000]
uncertified test strategy.
................................ Snakehead UUV uncertified [-10,000]
test strategy.
................................ XLUUV late test and [-10,000]
evaluation award.
090 0604636N COUNTER UNMANNED AIRCRAFT 14,259 14,259 14,259 -4,631 9,628
SYSTEMS (C-UAS).
................................ System development excess [-4,631]
growth.
091 0604659N PRECISION STRIKE WEAPONS 1,102,387 1,087,387 1,045,387 -72,000 1,030,387
DEVELOPMENT PROGRAM.
................................ CPGS initial integration [-15,000]
efforts--transfer to line
165.
................................ Lack of hypersonic [-5,000] [-5,000]
prototyping coordination.
................................ Project 3334: Excess [-52,000] [-52,000]
Virginia-class CPS
modification and
installation costs.
................................ Transition to DDG-1000-- [-15,000]
initial integration.
092 0604707N SPACE AND ELECTRONIC WARFARE 7,657 7,657 7,657 7,657
(SEW) ARCHITECTURE/ENGINEERING
SUPPORT.
093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 35,750 35,750 35,750 11,000 46,750
WEAPON DEVELOPMENT.
................................ LRASM funds--Navy requested [11,000]
transfer from line 141.
094 0303354N ASW SYSTEMS DEVELOPMENT--MIP... 9,151 9,151 9,151 9,151
095 0304240M ADVANCED TACTICAL UNMANNED 22,589 6,989 22,589 7,000 29,589
AIRCRAFT SYSTEM.
................................ K-MAX...................... [7,000] [7,000]
................................ MUX uncertain acquisition [-22,600]
strategy.
097 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 809 809 809 809
MIP.
................................ SUBTOTAL ADVANCED COMPONENT 6,503,074 6,098,674 5,926,532 -641,105 5,861,969
DEVELOPMENT & PROTOTYPES.
................................
................................ SYSTEM DEVELOPMENT &
DEMONSTRATION
098 0603208N TRAINING SYSTEM AIRCRAFT....... 4,332 4,332 4,332 4,332

[[Page H6747]]

099 0604212N OTHER HELO DEVELOPMENT......... 18,133 18,133 23,133 18,133
................................ Program increase for Attack [5,000]
and Utility Replacement
Aircraft.
100 0604214M AV-8B AIRCRAFT--ENG DEV........ 20,054 20,054 20,054 20,054
101 0604215N STANDARDS DEVELOPMENT.......... 4,237 4,237 4,237 4,237
102 0604216N MULTI-MISSION HELICOPTER 27,340 27,340 27,340 27,340
UPGRADE DEVELOPMENT.
104 0604221N P-3 MODERNIZATION PROGRAM...... 606 606 606 606
105 0604230N WARFARE SUPPORT SYSTEM......... 9,065 9,065 9,065 9,065
106 0604231N TACTICAL COMMAND SYSTEM........ 97,968 97,968 97,968 97,968
107 0604234N ADVANCED HAWKEYE............... 309,373 309,373 309,373 -17,198 292,175
................................ Sensors excess growth...... [-17,198]
108 0604245M H-1 UPGRADES................... 62,310 62,310 62,310 62,310
109 0604261N ACOUSTIC SEARCH SENSORS........ 47,182 47,182 47,182 47,182
110 0604262N V-22A.......................... 132,624 132,624 132,624 132,624
111 0604264N AIR CREW SYSTEMS DEVELOPMENT... 21,445 21,445 21,445 21,445
112 0604269N EA-18.......................... 106,134 106,134 106,134 106,134
113 0604270N ELECTRONIC WARFARE DEVELOPMENT. 134,194 134,194 134,194 134,194
114 0604273M EXECUTIVE HELO DEVELOPMENT..... 99,321 99,321 99,321 99,321
115 0604274N NEXT GENERATION JAMMER (NGJ)... 477,680 487,680 477,680 477,680
................................ High band risk reduction... [10,000]
116 0604280N JOINT TACTICAL RADIO SYSTEM-- 232,818 232,818 232,818 232,818
NAVY (JTRS-NAVY).
117 0604282N NEXT GENERATION JAMMER (NGJ) 170,039 170,039 170,039 170,039
INCREMENT II.
118 0604307N SURFACE COMBATANT COMBAT SYSTEM 403,712 403,712 403,712 -27,859 375,853
ENGINEERING.
................................ Aegis development support [-7,159]
excess growth.
................................ Capability upgrades [-20,700]
unjustified growth.
119 0604311N LPD-17 CLASS SYSTEMS 945 945 945 945
INTEGRATION.
120 0604329N SMALL DIAMETER BOMB (SDB)...... 62,488 62,488 62,488 62,488
121 0604366N STANDARD MISSILE IMPROVEMENTS.. 386,225 359,225 386,225 -45,400 340,825
................................ SM-6 Block IB mission [-18,400]
integration, development
and operational test.
................................ SM-6 excessive cost growth; [-27,000] [-27,000]
program accountability.
122 0604373N AIRBORNE MCM................... 10,909 10,909 10,909 10,909
123 0604378N NAVAL INTEGRATED FIRE CONTROL-- 44,548 44,548 44,548 44,548
COUNTER AIR SYSTEMS
ENGINEERING.
124 0604419N ADVANCED SENSORS APPLICATION 13,673 13,673 13,673 13,673
PROGRAM (ASAP).
125 0604501N ADVANCED ABOVE WATER SENSORS... 87,809 87,809 87,809 -16,360 71,449
................................ Shipboard passive EO/IR [-16,360]
development concurrency.
126 0604503N SSN-688 AND TRIDENT 93,097 111,097 93,097 93,097
MODERNIZATION.
................................ Submarine electronic [18,000]
warfare capability
improvement.
127 0604504N AIR CONTROL.................... 38,863 38,863 38,863 38,863
128 0604512N SHIPBOARD AVIATION SYSTEMS..... 9,593 9,593 9,593 9,593
129 0604518N COMBAT INFORMATION CENTER 12,718 12,718 12,718 12,718
CONVERSION.
130 0604522N AIR AND MISSILE DEFENSE RADAR 78,319 78,319 78,319 78,319
(AMDR) SYSTEM.
131 0604530N ADVANCED ARRESTING GEAR (AAG).. 65,834 65,834 65,834 65,834
132 0604558N NEW DESIGN SSN................. 259,443 282,943 259,443 259,443
................................ Accelerate design.......... [23,500]
133 0604562N SUBMARINE TACTICAL WARFARE 63,878 63,878 58,878 63,878
SYSTEM.
................................ AN/BYG-1 APB17 and APB19 [-5,000]
testing delays.
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 51,853 66,453 66,753 7,000 58,853
T&E.
................................ Advanced degaussing DDG-51 [14,900]
retrofit and demonstration.
................................ Advanced Degaussing System. [14,600] [7,000]
135 0604574N NAVY TACTICAL COMPUTER 3,853 3,853 3,853 3,853
RESOURCES.
136 0604601N MINE DEVELOPMENT............... 92,607 65,107 92,607 -9,102 83,505
................................ Encapsulate effector [-7,402]
program delays.
................................ Forward funded in FY20..... [-27,500]
................................ Historical underexecution.. [-1,700]
137 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 146,012 146,012 116,012 -21,762 124,250
................................ Advanced anti-submarine [-21,762]
lightweight torpedo program
delays.
................................ Project 1412: HAAWC [-10,000]
operational testing delays.
................................ Project 3418: Mk 54 Mod 2 [-20,000]
contract delays.
138 0604654N JOINT SERVICE EXPLOSIVE 8,383 8,383 8,383 8,383
ORDNANCE DEVELOPMENT.
139 0604657M USMC GROUND COMBAT/SUPPORTING 33,784 33,784 33,784 33,784
ARMS SYSTEMS--ENG DEV.
140 0604703N PERSONNEL, TRAINING, 8,599 8,599 8,599 8,599
SIMULATION, AND HUMAN FACTORS.
141 0604727N JOINT STANDOFF WEAPON SYSTEMS.. 73,744 73,744 73,744 -11,000 62,744

[[Page H6748]]

................................ LRASM funds--Navy requested [-11,000]
transfer to line 93.
142 0604755N SHIP SELF DEFENSE (DETECT & 157,490 157,490 157,490 157,490
CONTROL).
143 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 121,761 121,761 121,761 121,761
KILL).
144 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 89,373 89,373 89,373 89,373
KILL/EW).
145 0604761N INTELLIGENCE ENGINEERING....... 15,716 15,716 15,716 15,716
146 0604771N MEDICAL DEVELOPMENT............ 2,120 22,120 2,120 17,500 19,620
................................ Autonomous aerial [10,000] [7,500]
distributed logistics.
................................ ETEC disease research...... [10,000] [10,000]
147 0604777N NAVIGATION/ID SYSTEM........... 50,180 50,180 50,180 50,180
148 0604800M JOINT STRIKE FIGHTER (JSF)--EMD 561 561 561 561
149 0604800N JOINT STRIKE FIGHTER (JSF)--EMD 250 250 250 250
150 0604850N SSN(X)......................... 1,000 1,000 1,000 1,000
151 0605013M INFORMATION TECHNOLOGY 974 974 974 974
DEVELOPMENT.
152 0605013N INFORMATION TECHNOLOGY 356,173 351,173 356,173 -25,742 330,431
DEVELOPMENT.
................................ Historical underexecution.. [-12,972]
................................ NMMES-TR contract delays... [-6,308]
................................ NMMES-TR excess support [-6,462]
growth.
................................ Unjustified growth......... [-5,000]
153 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT. 7,810 7,810 7,810 7,810
154 0605212M CH-53K RDTE.................... 406,406 406,406 406,406 406,406
155 0605215N MISSION PLANNING............... 86,134 86,134 86,134 86,134
156 0605217N COMMON AVIONICS................ 54,540 54,540 54,540 54,540
157 0605220N SHIP TO SHORE CONNECTOR (SSC).. 5,155 5,155 5,155 5,155
158 0605327N T-AO 205 CLASS................. 5,148 5,148 5,148 5,148
159 0605414N UNMANNED CARRIER AVIATION (UCA) 266,970 266,970 266,970 266,970
160 0605450M JOINT AIR-TO-GROUND MISSILE 12,713 12,713 12,713 12,713
(JAGM).
161 0605500N MULTI-MISSION MARITIME AIRCRAFT 24,424 24,424 24,424 24,424
(MMA).
162 0605504N MULTI-MISSION MARITIME (MMA) 182,870 182,870 182,870 182,870
INCREMENT III.
163 0605611M MARINE CORPS ASSAULT VEHICLES 41,775 41,775 41,775 41,775
SYSTEM DEVELOPMENT &
DEMONSTRATION.
164 0605813M JOINT LIGHT TACTICAL VEHICLE 2,541 2,541 2,541 2,541
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
165 0204202N DDG-1000....................... 208,448 223,448 208,448 15,000 223,448
................................ CPGS initial integration [15,000]
efforts transfer from line
91.
................................ Transfer from CPS--initial [15,000]
integration.
169 0304785N TACTICAL CRYPTOLOGIC SYSTEMS... 111,434 111,434 111,434 111,434
170 0306250M CYBER OPERATIONS TECHNOLOGY 26,173 26,173 26,173 26,173
DEVELOPMENT.
................................ SUBTOTAL SYSTEM DEVELOPMENT 6,263,883 6,305,483 6,248,783 -134,923 6,128,960
& DEMONSTRATION.
................................
................................ MANAGEMENT SUPPORT
171 0604256N THREAT SIMULATOR DEVELOPMENT... 22,075 22,075 22,075 22,075
172 0604258N TARGET SYSTEMS DEVELOPMENT..... 10,224 10,224 10,224 10,224
173 0604759N MAJOR T&E INVESTMENT........... 85,195 85,195 85,195 85,195
175 0605152N STUDIES AND ANALYSIS SUPPORT-- 3,089 3,089 3,089 3,089
NAVY.
176 0605154N CENTER FOR NAVAL ANALYSES...... 43,517 43,517 43,517 43,517
179 0605804N TECHNICAL INFORMATION SERVICES. 932 932 932 932
180 0605853N MANAGEMENT, TECHNICAL & 94,297 94,297 94,297 94,297
INTERNATIONAL SUPPORT.
181 0605856N STRATEGIC TECHNICAL SUPPORT.... 3,813 3,813 3,813 3,813
183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 104,822 104,822 104,822 104,822
184 0605864N TEST AND EVALUATION SUPPORT.... 446,960 446,960 446,960 -27,748 419,212
................................ Navy requested transfer to [-27,748]
OM,N line BSM1.
185 0605865N OPERATIONAL TEST AND EVALUATION 27,241 27,241 27,241 27,241
CAPABILITY.
186 0605866N NAVY SPACE AND ELECTRONIC 15,787 15,787 15,787 15,787
WARFARE (SEW) SUPPORT.
187 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,559 8,559 8,559 8,559
SUPPORT.
188 0605873M MARINE CORPS PROGRAM WIDE 42,749 42,749 42,749 42,749
SUPPORT.
189 0605898N MANAGEMENT HQ--R&D............. 41,094 41,094 41,094 41,094
190 0606355N WARFARE INNOVATION MANAGEMENT.. 37,022 37,022 37,022 37,022
193 0305327N INSIDER THREAT................. 2,310 2,310 2,310 2,310
194 0902498N MANAGEMENT HEADQUARTERS 1,536 1,536 1,536 1,536
(DEPARTMENTAL SUPPORT
ACTIVITIES).
................................ SUBTOTAL MANAGEMENT SUPPORT. 991,222 991,222 991,222 -27,748 963,474
................................
................................ OPERATIONAL SYSTEMS DEVELOPMENT
199 0604227N HARPOON MODIFICATIONS.......... 697 697 697 697
200 0604840M F-35 C2D2...................... 379,549 341,649 379,549 379,549
................................ Block IV/TR3 upgrade delays [-37,900]

[[Page H6749]]

201 0604840N F-35 C2D2...................... 413,875 372,475 413,875 413,875
................................ Block IV/TR3 upgrade delays [-41,400]
202 0607658N COOPERATIVE ENGAGEMENT 143,667 143,667 143,667 143,667
CAPABILITY (CEC).
204 0101221N STRATEGIC SUB & WEAPONS SYSTEM 173,056 173,056 173,056 173,056
SUPPORT.
205 0101224N SSBN SECURITY TECHNOLOGY 45,970 45,970 45,970 45,970
PROGRAM.
206 0101226N SUBMARINE ACOUSTIC WARFARE 69,190 74,190 61,190 -7,377 61,813
DEVELOPMENT.
................................ Compact rapid attack weapon [-12,377]
concurrency.
................................ CRAW EDM (TI-2) early to [-8,000]
need.
................................ Next-generation [5,000] [5,000]
countermeasure acoustic
device.
207 0101402N NAVY STRATEGIC COMMUNICATIONS.. 42,277 42,277 42,277 42,277
208 0204136N F/A-18 SQUADRONS............... 171,030 175,030 171,030 4,000 175,030
................................ Jet noise reduction........ [4,000] [4,000]
210 0204228N SURFACE SUPPORT................ 33,482 33,482 33,482 33,482
211 0204229N TOMAHAWK AND TOMAHAWK MISSION 200,308 200,308 200,308 200,308
PLANNING CENTER (TMPC).
212 0204311N INTEGRATED SURVEILLANCE SYSTEM. 102,975 102,975 152,975 12,500 115,475
................................ Accelerate sensor and [25,000] [12,500]
signal processing
development.
................................ Program increase for spiral [25,000]
1 TRAPS units.
213 0204313N SHIP-TOWED ARRAY SURVEILLANCE 10,873 10,873 10,873 10,873
SYSTEMS.
214 0204413N AMPHIBIOUS TACTICAL SUPPORT 1,713 1,713 6,713 1,713
UNITS (DISPLACEMENT CRAFT).
................................ Program increase for LCAC [5,000]
composite component
manufacturing.
215 0204460M GROUND/AIR TASK ORIENTED RADAR 22,205 22,205 105,805 22,205
(G/ATOR).
................................ Program increase for G/ATOR [10,000]
and SM-6 stand-alone
engagement analysis.
................................ Program increase for USMC G/ [73,600]
ATOR and SM-6 demonstration.
216 0204571N CONSOLIDATED TRAINING SYSTEMS 83,956 83,956 83,956 83,956
DEVELOPMENT.
218 0204575N ELECTRONIC WARFARE (EW) 56,791 56,791 56,791 -5,886 50,905
READINESS SUPPORT.
................................ Project 2263: Unjustified [-5,886]
growth.
219 0205601N HARM IMPROVEMENT............... 146,166 146,166 146,166 146,166
221 0205620N SURFACE ASW COMBAT SYSTEM 29,348 29,348 29,348 29,348
INTEGRATION.
222 0205632N MK-48 ADCAP.................... 110,349 110,349 110,349 -2,140 108,209
................................ APB 7 development early to [-2,140]
need.
223 0205633N AVIATION IMPROVEMENTS.......... 133,953 133,953 133,953 133,953
224 0205675N OPERATIONAL NUCLEAR POWER 110,313 110,313 110,313 110,313
SYSTEMS.
225 0206313M MARINE CORPS COMMUNICATIONS 207,662 207,662 207,662 207,662
SYSTEMS.
226 0206335M COMMON AVIATION COMMAND AND 4,406 4,406 4,406 4,406
CONTROL SYSTEM (CAC2S).
227 0206623M MARINE CORPS GROUND COMBAT/ 61,381 61,381 61,381 61,381
SUPPORTING ARMS SYSTEMS.
228 0206624M MARINE CORPS COMBAT SERVICES 10,421 10,421 10,421 10,421
SUPPORT.
229 0206625M USMC INTELLIGENCE/ELECTRONIC 29,977 29,977 29,977 29,977
WARFARE SYSTEMS (MIP).
230 0206629M AMPHIBIOUS ASSAULT VEHICLE..... 6,469 6,469 6,469 6,469
231 0207161N TACTICAL AIM MISSILES.......... 5,859 5,859 5,859 5,859
232 0207163N ADVANCED MEDIUM RANGE AIR-TO- 44,323 44,323 44,323 44,323
AIR MISSILE (AMRAAM).
236 0303109N SATELLITE COMMUNICATIONS 41,978 46,978 41,978 5,000 46,978
(SPACE).
................................ Interference mitigation [5,000] [5,000]
technology, test and
verification.
237 0303138N CONSOLIDATED AFLOAT NETWORK 29,684 29,684 29,684 29,684
ENTERPRISE SERVICES (CANES).
238 0303140N INFORMATION SYSTEMS SECURITY 39,094 39,094 39,094 39,094
PROGRAM.
239 0305192N MILITARY INTELLIGENCE PROGRAM 6,154 6,154 6,154 6,154
(MIP) ACTIVITIES.
240 0305204N TACTICAL UNMANNED AERIAL 7,108 7,108 7,108 7,108
VEHICLES.
241 0305205N UAS INTEGRATION AND 62,098 62,098 62,098 62,098
INTEROPERABILITY.
242 0305208M DISTRIBUTED COMMON GROUND/ 21,500 21,500 21,500 21,500
SURFACE SYSTEMS.
244 0305220N MQ-4C TRITON................... 11,120 11,120 11,120 11,120
245 0305231N MQ-8 UAV....................... 28,968 28,968 28,968 28,968
246 0305232M RQ-11 UAV...................... 537 537 537 537
247 0305234N SMALL (LEVEL 0) TACTICAL UAS 8,773 8,773 8,773 8,773
(STUASL0).
248 0305239M RQ-21A......................... 10,853 10,853 10,853 10,853
249 0305241N MULTI-INTELLIGENCE SENSOR 60,413 60,413 60,413 60,413
DEVELOPMENT.
250 0305242M UNMANNED AERIAL SYSTEMS (UAS) 5,000 5,000 5,000 5,000
PAYLOADS (MIP).
251 0305251N CYBERSPACE OPERATIONS FORCES 34,967 34,967 44,967 34,967
AND FORCE SUPPORT.
................................ Cyber tool development..... [10,000]
252 0305421N RQ-4 MODERNIZATION............. 178,799 178,799 178,799 178,799
253 0307577N INTELLIGENCE MISSION DATA (IMD) 2,120 2,120 2,120 2,120
254 0308601N MODELING AND SIMULATION SUPPORT 8,683 8,683 8,683 8,683
255 0702207N DEPOT MAINTENANCE (NON-IF)..... 45,168 45,168 45,168 45,168
256 0708730N MARITIME TECHNOLOGY (MARITECH). 6,697 6,697 6,697 6,697

[[Page H6750]]

257 1203109N SATELLITE COMMUNICATIONS 70,056 70,056 70,056 -2,391 67,665
(SPACE).
................................ MUOS historical [-2,391]
underexecution.
257A 9999999999 CLASSIFIED PROGRAMS............ 1,795,032 1,795,032 1,795,032 1,795,032
................................ SUBTOTAL OPERATIONAL SYSTEMS 5,327,043 5,261,743 5,467,643 3,706 5,330,749
DEVELOPMENT.
................................
................................ SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
................................ UNDISTRIBUTED
258 0608013N RISK MANAGEMENT INFORMATION-- 14,300 14,300 14,300 14,300
SOFTWARE PILOT PROGRAM.
259 0608231N MARITIME TACTICAL COMMAND AND 10,868 10,868 10,868 10,868
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
................................ SUBTOTAL SOFTWARE AND 25,168 25,168 25,168 25,168
DIGITAL TECHNOLOGY PILOT
PROGRAMS.
................................
................................ TOTAL RESEARCH, 21,427,048 21,152,948 21,036,806 -693,459 20,733,589
DEVELOPMENT, TEST & EVAL,
NAVY.
................................
................................ RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
................................ BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES...... 315,348 315,348 325,348 10,000 325,348
................................ Increase in basic research. [10,000] [10,000]
002 0601103F UNIVERSITY RESEARCH INITIATIVES 161,861 171,861 161,861 10,000 171,861
................................ Program increase........... [5,000] [5,000]
................................ Solar block research....... [5,000] [5,000]
003 0601108F HIGH ENERGY LASER RESEARCH 15,085 15,085 15,085 15,085
INITIATIVES.
................................ SUBTOTAL BASIC RESEARCH..... 492,294 502,294 502,294 20,000 512,294
................................
................................ APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 100,000 100,000 100,000 100,000
RESEARCH.
005 0602102F MATERIALS...................... 140,781 165,781 160,281 22,000 162,781
................................ Advanced materials [5,000] [5,000]
manufacturing flexible
biosensors.
................................ High-energy synchotron x- [5,000] [5,000]
ray program.
................................ Materials maturation for [5,000] [5,000]
high mach systems.
................................ Metals Affordability [5,000]
Initiative.
................................ Metals affordability [15,000]
research.
................................ Qualification of additive [2,000] [2,000]
manufacturing processes.
................................ Techniques to repair [2,500]
fasteners.
................................ Thermal protection systems. [5,000] [5,000]
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES. 349,225 374,225 359,225 -173,753 175,472
................................ Advanced batteries for [5,000] [5,000]
directed energy.
................................ High speed expendable [5,000] [4,000]
turbine development.
................................ Hypersonic materials....... [10,000] [4,000]
................................ On-orbit propulsion [5,000]
technologies.
................................ Secure unmanned aerial [10,000] [10,000]
vehicles.
................................ Transfer to line 8......... [-196,753]
007 0602202F HUMAN EFFECTIVENESS APPLIED 115,222 115,222 115,222 115,222
RESEARCH.
008 0602203F AEROSPACE PROPULSION........... 196,753 196,753
................................ Transfer from line 6....... [196,753]
009 0602204F AEROSPACE SENSORS.............. 211,301 214,301 211,301 3,000 214,301
................................ National Center for [3,000] [3,000]
Hardware and Embedded
Systems Security and Trust.
011 0602298F SCIENCE AND TECHNOLOGY 8,926 8,926 8,926 8,926
MANAGEMENT-- MAJOR
HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS......... 132,425 132,425 132,425 132,425
013 0602605F DIRECTED ENERGY TECHNOLOGY..... 128,113 128,113 128,113 128,113
014 0602788F DOMINANT INFORMATION SCIENCES 178,668 208,668 178,668 25,000 203,668
AND METHODS.
................................ Counter UAS platform [5,000]
integration testbed.
................................ Quantum Innovation Center.. [5,000] [5,000]
................................ Quantum network testbed.... [10,000] [10,000]
................................ Trusted UAS traffic [10,000] [10,000]
management and C-UAS
testbed.
015 0602890F HIGH ENERGY LASER RESEARCH..... 45,088 45,088 45,088 45,088
................................ SUBTOTAL APPLIED RESEARCH... 1,409,749 1,492,749 1,439,249 73,000 1,482,749
................................
................................ ADVANCED TECHNOLOGY DEVELOPMENT
017 0603030F AF FOUNDATIONAL DEVELOPMENT/ 103,280 110,280 103,280 -103,280
DEMOS.
................................ Agile composite [5,000]
manufacturing initiatives.
................................ Foam engine wash........... [2,000]
................................ Transfer to line 22........ [-35,169]

[[Page H6751]]

................................ Transfer to line 23........ [-16,933]
................................ Transfer to line 30........ [-10,777]
................................ Transfer to line 33........ [-40,401]
018 0603032F FUTURE AF INTEGRATED TECHNOLOGY 157,619 127,619 107,619 -187,619 -30,000
DEMOS.
................................ Golden Horde too mature for [-50,000]
science and technology
prototype.
................................ Inappropriate use of S&T [-30,000] [-50,000]
funds 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..... 199,556 199,556 208,556 -199,556
................................ B-52 pylon fairings........ [3,000]
................................ C-130 finlets.............. [3,000]
................................ KC-135 aft body drag....... [3,000]
................................ Transfer to line 25........ [-37,230]
................................ Transfer to line 26........ [-105,058]
................................ Transfer to line 28........ [-57,268]
020 0603034F PERSISTENT KNOWLEDGE, 102,276 102,276 102,276 -102,276
AWARENESS, & 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..... 215,817 215,817 215,817 -215,817
................................ 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 45,169
SYSTEMS.
................................ Metals affordability [10,000]
research.
................................ Transfer from line 17...... [35,169]
023 0603199F SUSTAINMENT SCIENCE AND 16,933 16,933
TECHNOLOGY (S&T).
................................ Transfer from line 17...... [16,933]
024 0603203F ADVANCED AEROSPACE SENSORS..... 35,338 35,338
................................ Transfer from line 20...... [35,338]
025 0603211F AEROSPACE TECHNOLOGY DEV/DEMO.. 78,130 78,130
................................ Transfer from line 18...... [40,900]
................................ Transfer from line 19...... [37,230]
026 0603216F AEROSPACE PROPULSION AND POWER 110,058 110,058
TECHNOLOGY.
................................ Propulsion technologies.... [5,000]
................................ Transfer from line 19...... [105,058]
027 0603270F ELECTRONIC COMBAT TECHNOLOGY... 60,538 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 57,268
................................ Transfer from line 19...... [57,268]
029 0603444F MAUI SPACE SURVEILLANCE SYSTEM 12,090 12,090
(MSSS).
................................ Transfer from line 20...... [12,090]
030 0603456F HUMAN EFFECTIVENESS ADVANCED 31,725 31,725
TECHNOLOGY DEVELOPMENT.
................................ Transfer from line 17...... [10,777]
................................ Transfer from line 20...... [20,948]
031 0603601F CONVENTIONAL WEAPONS TECHNOLOGY 206,232 206,232
................................ Transfer from line 18...... [72,087]
................................ Transfer from line 21...... [134,145]
032 0603605F ADVANCED WEAPONS TECHNOLOGY.... 31,445 31,445
................................ Transfer from line 21...... [31,445]
033 0603680F MANUFACTURING TECHNOLOGY 42,901 42,901
PROGRAM.
................................ Technologies to repair [2,500]
fastener holes.
................................ Transfer from line 17...... [40,401]
034 0603788F BATTLESPACE KNOWLEDGE 48,221 48,221
DEVELOPMENT AND DEMONSTRATION.
................................ Transfer from line 20...... [29,201]
................................ Transfer from line 21...... [19,020]
................................ SUBTOTAL ADVANCED TECHNOLOGY 778,548 755,548 737,548 -32,500 746,048
DEVELOPMENT.
................................

[[Page H6752]]

................................ ADVANCED COMPONENT DEVELOPMENT
& PROTOTYPES
038 0603260F INTELLIGENCE ADVANCED 4,320 4,320 4,320 4,320
DEVELOPMENT.
039 0603742F COMBAT IDENTIFICATION 26,396 26,396 26,396 26,396
TECHNOLOGY.
040 0603790F NATO RESEARCH AND DEVELOPMENT.. 3,647 3,647 3,647 3,647
041 0603851F INTERCONTINENTAL BALLISTIC 32,959 32,959 32,959 32,959
MISSILE--DEM/VAL.
043 0604002F AIR FORCE WEATHER SERVICES 869 869 869 869
RESEARCH.
044 0604003F ADVANCED BATTLE MANAGEMENT 302,323 216,823 302,323 -85,500 216,823
SYSTEM (ABMS).
................................ Unjustified costs.......... [-85,500] [-85,500]
045 0604004F ADVANCED ENGINE DEVELOPMENT.... 636,495 636,495 686,495 30,000 666,495
................................ AETP program acceleration.. [50,000] [30,000]
046 0604015F LONG RANGE STRIKE--BOMBER...... 2,848,410 2,828,410 2,848,410 2,848,410
................................ Transfer to APA line 025A.. [-20,000]
047 0604032F DIRECTED ENERGY PROTOTYPING.... 20,964 20,964 25,964 20,964
................................ Directed energy counter- [5,000]
Unmanned Aerial Systems
(CUAS).
048 0604033F HYPERSONICS PROTOTYPING........ 381,862 386,862 446,862 381,862
................................ Air-launched Rapid Response [5,000]
Weapon Program.
................................ HAWC program increase...... [65,000]
050 0604257F ADVANCED TECHNOLOGY AND SENSORS 24,747 24,747 24,747 24,747
051 0604288F NATIONAL AIRBORNE OPS CENTER 76,417 76,417 76,417 76,417
(NAOC) RECAP.
052 0604317F TECHNOLOGY TRANSFER............ 3,011 3,011 3,011 3,011
053 0604327F HARD AND DEEPLY BURIED TARGET 52,921 52,921 52,921 52,921
DEFEAT SYSTEM (HDBTDS) PROGRAM.
054 0604414F CYBER RESILIENCY OF WEAPON 69,783 69,783 69,783 69,783
SYSTEMS-ACS.
055 0604776F DEPLOYMENT & DISTRIBUTION 25,835 25,835 25,835 25,835
ENTERPRISE R&D.
056 0604858F TECH TRANSITION PROGRAM........ 219,252 249,252 455,252 59,200 278,452
................................ Agile software development [4,500] [4,500]
and operations.
................................ Experimentation............ [-20,000]
................................ Initial polar SATCOM [46,000] [46,000]
capability.
................................ KC-135 vertical wipers..... [2,000]
................................ KC-135 winglets............ [10,000]
................................ LCAAT program acceleration. [128,000] [50,000]
................................ Long-endurance UAS......... [33,500]
................................ Program increase--LCAAT [30,000]
prototyping.
................................ Prototyping--hold to FY2020 [-27,300]
level.
................................ Rapid repair of high [6,000] [6,000]
performance materials.
................................ Small satellite [6,000]
acceleration.
057 0605230F GROUND BASED STRATEGIC 1,524,759 1,524,759 1,524,759 -15,000 1,509,759
DETERRENT.
................................ Acquisition Strategy for [-15,000]
planning and design.
059 0207110F NEXT GENERATION AIR DOMINANCE.. 1,044,089 1,044,089 1,044,089 -70,000 974,089
................................ Forward financing of [-70,000]
development efforts.
060 0207455F THREE DIMENSIONAL LONG-RANGE 19,356 19,356 19,356 19,356
RADAR (3DELRR).
061 0207522F AIRBASE AIR DEFENSE SYSTEMS 8,737 8,737 8,737 8,737
(ABADS).
062 0208099F UNIFIED PLATFORM (UP).......... 5,990 5,990 5,990 5,990
063 0305236F COMMON DATA LINK EXECUTIVE 39,293 39,293 39,293 39,293
AGENT (CDL EA).
065 0305601F MISSION PARTNER ENVIRONMENTS... 11,430 11,430 11,430 11,430
066 0306250F CYBER OPERATIONS TECHNOLOGY 259,823 259,823 259,823 259,823
DEVELOPMENT.
067 0306415F ENABLED CYBER ACTIVITIES....... 10,560 10,560 10,560 10,560
068 0401310F C-32 EXECUTIVE TRANSPORT 9,908 9,908 9,908 -2,100 7,808
RECAPITALIZATION.
................................ AoA funding carryover...... [-2,100]
069 0901410F CONTRACTING INFORMATION 8,662 8,662 8,662 8,662
TECHNOLOGY SYSTEM.
074 1206427F SPACE SYSTEMS PROTOTYPE 8,787 8,787 8,787 -8,787
TRANSITIONS (SSPT).
................................ Transfer to RD,SF line 6... [-8,787]
077 1206730F SPACE SECURITY AND DEFENSE 56,311 56,311 56,311 -56,311
PROGRAM.
................................ Transfer to RD,SF line 11A. [-56,311]
................................ SUBTOTAL ADVANCED COMPONENT 7,737,916 7,667,416 8,093,916 -148,498 7,589,418
DEVELOPMENT & PROTOTYPES.
................................
................................ SYSTEM DEVELOPMENT &
DEMONSTRATION
082 0604200F FUTURE ADVANCED WEAPON ANALYSIS 25,161 25,161 25,161 25,161
& PROGRAMS.
083 0604201F PNT RESILIENCY, MODS, AND 38,564 38,564 38,564 38,564
IMPROVEMENTS.
084 0604222F NUCLEAR WEAPONS SUPPORT........ 35,033 35,033 35,033 35,033
085 0604270F ELECTRONIC WARFARE DEVELOPMENT. 2,098 2,098 2,098 2,098
086 0604281F TACTICAL DATA NETWORKS 131,909 131,909 131,909 131,909
ENTERPRISE.
087 0604287F PHYSICAL SECURITY EQUIPMENT.... 6,752 6,752 6,752 6,752
088 0604329F SMALL DIAMETER BOMB (SDB)--EMD. 17,280 17,280 17,280 17,280
089 0604429F AIRBORNE ELECTRONIC ATTACK..... 30,000 30,000 30,000

[[Page H6753]]

................................ STiTCHES integration for [30,000] [30,000]
USAFE/PACAF interim
capability.
090 0604602F ARMAMENT/ORDNANCE DEVELOPMENT.. 23,076 23,076 23,076 23,076
091 0604604F SUBMUNITIONS................... 3,091 3,091 3,091 3,091
092 0604617F AGILE COMBAT SUPPORT........... 20,609 20,609 20,609 20,609
093 0604618F JOINT DIRECT ATTACK MUNITION... 7,926 7,926 7,926 7,926
094 0604706F LIFE SUPPORT SYSTEMS........... 23,660 23,660 23,660 23,660
095 0604735F COMBAT TRAINING RANGES......... 8,898 8,898 8,898 8,898
096 0604800F F-35--EMD...................... 5,423 423 5,423 5,423
................................ Excess SDD funding......... [-5,000]
097 0604932F LONG RANGE STANDOFF WEAPON..... 474,430 474,430 474,430 -30,000 444,430
................................ Acquisition strategy....... [-30,000]
098 0604933F ICBM FUZE MODERNIZATION........ 167,099 167,099 167,099 167,099
100 0605056F OPEN ARCHITECTURE MANAGEMENT... 30,547 30,547 30,547 30,547
102 0605223F ADVANCED PILOT TRAINING........ 248,669 248,669 254,669 248,669
................................ SLATE/VR training.......... [6,000]
103 0605229F COMBAT RESCUE HELICOPTER....... 63,169 63,169 63,169 63,169
105 0101125F NUCLEAR WEAPONS MODERNIZATION.. 9,683 9,683 9,683 9,683
106 0207171F F-15 EPAWSS.................... 170,679 155,979 170,679 170,679
................................ Cost growth................ [-14,700]
107 0207328F STAND IN ATTACK WEAPON......... 160,438 142,738 160,438 -9,792 150,646
................................ Unjustified cost increase.. [-17,700] [-9,792]
108 0207701F FULL COMBAT MISSION TRAINING... 9,422 9,422 9,422 9,422
110 0305176F COMBAT SURVIVOR EVADER LOCATOR. 973 973 973 973
111 0401221F KC-46A TANKER SQUADRONS........ 106,262 86,262 106,262 -20,000 86,262
................................ Slow execution............. [-20,000] [-20,000]
113 0401319F VC-25B......................... 800,889 800,889 800,889 800,889
114 0701212F AUTOMATED TEST SYSTEMS......... 10,673 10,673 10,673 10,673
115 0804772F TRAINING DEVELOPMENTS.......... 4,479 4,479 4,479 4,479
116 0901299F AF A1 SYSTEMS.................. 8,467 8,467 8,467 8,467
................................ SUBTOTAL SYSTEM DEVELOPMENT 2,615,359 2,557,959 2,651,359 -29,792 2,585,567
& DEMONSTRATION.
................................
................................ MANAGEMENT SUPPORT
131 0604256F THREAT SIMULATOR DEVELOPMENT... 57,725 57,725 57,725 57,725
132 0604759F MAJOR T&E INVESTMENT........... 208,680 208,680 223,680 15,000 223,680
................................ Gulf Range telemetric [15,000] [15,000]
modernization.
133 0605101F RAND PROJECT AIR FORCE......... 35,803 35,803 35,803 35,803
135 0605712F INITIAL OPERATIONAL TEST & 13,557 13,557 13,557 13,557
EVALUATION.
136 0605807F TEST AND EVALUATION SUPPORT.... 764,606 754,606 764,606 764,606
................................ Program decrease........... [-10,000]
137 0605826F ACQ WORKFORCE- GLOBAL POWER.... 273,231 273,231
................................ Transfer from line 142..... [273,231]
138 0605827F ACQ WORKFORCE- GLOBAL VIG & 262,119 262,119
COMBAT SYS.
................................ Transfer from line 142..... [262,119]
139 0605828F ACQ WORKFORCE- GLOBAL REACH.... 158,429 158,429
................................ Transfer from line 142..... [158,429]
140 0605829F ACQ WORKFORCE- CYBER, NETWORK, 247,468 247,468
& BUS SYS.
................................ Transfer from line 142..... [247,468]
141 0605830F ACQ WORKFORCE- GLOBAL BATTLE 183,107 183,107
MGMT.
................................ Transfer from line 142..... [183,107]
142 0605831F ACQ WORKFORCE- CAPABILITY 1,362,038 1,362,038 1,362,038 -1,142,170 219,868
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 40,768 40,768 17,816 58,584
TECHNOLOGY.
................................ Transfer from line 142..... [17,816]
144 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS. 179,646 179,646 179,646 179,646
145 0605898F MANAGEMENT HQ--R&D............. 5,734 5,734 5,734 5,734
146 0605976F FACILITIES RESTORATION AND 70,985 70,985 70,985 70,985
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
147 0605978F FACILITIES SUSTAINMENT--TEST 29,880 29,880 29,880 29,880
AND EVALUATION SUPPORT.
148 0606017F REQUIREMENTS ANALYSIS AND 63,381 63,381 63,381 63,381
MATURATION.
149 0606398F MANAGEMENT HQ--T&E............. 5,785 5,785 5,785 5,785

[[Page H6754]]

150 0303255F COMMAND, CONTROL, 24,564 24,564 24,564 24,564
COMMUNICATION, AND COMPUTERS
(C4)--STRATCOM.
151 0308602F ENTEPRISE INFORMATION SERVICES 9,883 9,883 2,383 9,883
(EIS).
................................ Acq strat incompatible with [-7,500]
AF digital mod strategy.
152 0702806F ACQUISITION AND MANAGEMENT 13,384 13,384 13,384 13,384
SUPPORT.
153 0804731F GENERAL SKILL TRAINING......... 1,262 1,262 1,262 1,262
155 1001004F INTERNATIONAL ACTIVITIES....... 3,599 3,599 3,599 3,599
................................ SUBTOTAL MANAGEMENT SUPPORT. 2,891,280 2,881,280 2,898,780 15,000 2,906,280
................................
................................ OPERATIONAL SYSTEMS DEVELOPMENT
................................ UNDISTRIBUTED
163 0604233F SPECIALIZED UNDERGRADUATE 8,777 8,777 8,777 8,777
FLIGHT TRAINING.
164 0604776F DEPLOYMENT & DISTRIBUTION 499 499 499 499
ENTERPRISE R&D.
165 0604840F F-35 C2D2...................... 785,336 706,836 785,336 785,336
................................ Block IV/TR3 upgrade delays [-78,500]
166 0605018F AF INTEGRATED PERSONNEL AND PAY 27,035 27,035 7,035 27,035
SYSTEM (AF-IPPS).
................................ Poor agile development [-20,000]
strategy.
167 0605024F ANTI-TAMPER TECHNOLOGY 50,508 50,508 50,508 50,508
EXECUTIVE AGENCY.
168 0605117F FOREIGN MATERIEL ACQUISITION 71,229 71,229 71,229 71,229
AND EXPLOITATION.
169 0605278F HC/MC-130 RECAP RDT&E.......... 24,705 24,705 24,705 24,705
170 0606018F NC3 INTEGRATION................ 26,356 26,356 26,356 26,356
172 0101113F B-52 SQUADRONS................. 520,023 338,523 520,023 -38,400 481,623
................................ CERP virtual prototype [-125,000] [-25,500]
contract delay.
................................ GPS-IU contract delays..... [-10,000]
................................ No acquisition strategy for [-2,500] [-2,000]
AEHF.
................................ Radar modernization program [-40,000] [-10,900]
contract delays.
................................ VLF/LF contract delays..... [-4,000]
173 0101122F AIR-LAUNCHED CRUISE MISSILE 1,433 1,433 1,433 1,433
(ALCM).
174 0101126F B-1B SQUADRONS................. 15,766 15,766 26,566 15,766
................................ USAF-requested transfer [10,800]
from APAF Lines 22, 24.
175 0101127F B-2 SQUADRONS.................. 187,399 187,399 187,399 187,399
................................ Airspace compliance [-2,000]
contract delays.
................................ JASSM-ER Milestone B delay. [-5,000]
................................ Virtual training........... [7,000]
176 0101213F MINUTEMAN SQUADRONS............ 116,569 116,569 116,569 116,569
177 0101316F WORLDWIDE JOINT STRATEGIC 27,235 27,235 27,235 27,235
COMMUNICATIONS.
178 0101324F INTEGRATED STRATEGIC PLANNING & 24,227 24,227 24,227 24,227
ANALYSIS NETWORK.
179 0101328F ICBM REENTRY VEHICLES.......... 112,753 112,753 112,753 112,753
181 0102110F UH-1N REPLACEMENT PROGRAM...... 44,464 44,464 44,464 44,464
182 0102326F REGION/SECTOR OPERATION CONTROL 5,929 5,929 5,929 5,929
CENTER MODERNIZATION PROGRAM.
183 0102412F NORTH WARNING SYSTEM (NWS)..... 100 100 100 100
184 0205219F MQ-9 UAV....................... 162,080 162,080 162,080 -9,968 152,112
................................ Tech insertion request [-9,968]
unjustified.
186 0207131F A-10 SQUADRONS................. 24,535 24,535 24,535 24,535
187 0207133F F-16 SQUADRONS................. 223,437 223,437 223,437 223,437
188 0207134F F-15E SQUADRONS................ 298,908 298,908 298,908 298,908
189 0207136F MANNED DESTRUCTIVE SUPPRESSION. 14,960 14,960 14,960 14,960
190 0207138F F-22A SQUADRONS................ 665,038 648,938 665,038 -16,100 648,938
................................ Software delays............ [-16,100] [-16,100]
191 0207142F F-35 SQUADRONS................. 132,229 129,629 132,229 -2,600 129,629
................................ Unjustified USAF ALIS [-2,600] [-2,600]
unique funding.
192 0207146F F-15EX......................... 159,761 159,761 159,761 159,761
193 0207161F TACTICAL AIM MISSILES.......... 19,417 19,417 19,417 19,417
194 0207163F ADVANCED MEDIUM RANGE AIR-TO- 51,799 51,799 51,799 51,799
AIR MISSILE (AMRAAM).
195 0207227F COMBAT RESCUE--PARARESCUE...... 669 669 669 669
196 0207247F AF TENCAP...................... 21,644 21,644 21,644 21,644
197 0207249F PRECISION ATTACK SYSTEMS 9,261 9,261 9,261 9,261
PROCUREMENT.
198 0207253F COMPASS CALL................... 15,854 15,854 15,854 15,854
199 0207268F AIRCRAFT ENGINE COMPONENT 95,896 95,896 95,896 95,896
IMPROVEMENT PROGRAM.
200 0207325F JOINT AIR-TO-SURFACE STANDOFF 70,792 70,792 70,792 70,792
MISSILE (JASSM).
201 0207410F AIR & SPACE OPERATIONS CENTER 51,187 51,187 51,187 51,187
(AOC).
202 0207412F CONTROL AND REPORTING CENTER 16,041 16,041 16,041 16,041
(CRC).
203 0207417F AIRBORNE WARNING AND CONTROL 138,303 138,303 138,303 138,303
SYSTEM (AWACS).
204 0207418F AFSPECWAR--TACP................ 4,223 4,223 4,223 4,223
206 0207431F COMBAT AIR INTELLIGENCE SYSTEM 16,564 16,564 16,564 16,564
ACTIVITIES.

[[Page H6755]]

207 0207438F THEATER BATTLE MANAGEMENT (TBM) 7,858 7,858 7,858 7,858
C4I.
208 0207444F TACTICAL AIR CONTROL PARTY-MOD. 12,906 12,906 12,906 12,906
210 0207452F DCAPES......................... 14,816 14,816 14,816 14,816
211 0207521F AIR FORCE CALIBRATION PROGRAMS. 1,970 1,970 1,970 1,970
212 0207573F NATIONAL TECHNICAL NUCLEAR 396 396 396 396
FORENSICS.
213 0207590F SEEK EAGLE..................... 29,680 29,680 29,680 29,680
214 0207601F USAF MODELING AND SIMULATION... 17,666 17,666 17,666 17,666
215 0207605F WARGAMING AND SIMULATION 6,353 6,353 6,353 6,353
CENTERS.
216 0207610F BATTLEFIELD ABN COMM NODE 6,827 6,827 6,827 6,827
(BACN).
217 0207697F DISTRIBUTED TRAINING AND 3,390 3,390 3,390 3,390
EXERCISES.
218 0208006F MISSION PLANNING SYSTEMS....... 91,768 91,768 91,768 91,768
219 0208007F TACTICAL DECEPTION............. 2,370 2,370 2,370 -2,370
................................ Ahead of need.............. [-2,370]
220 0208064F OPERATIONAL HQ--CYBER.......... 5,527 5,527 5,527 5,527
221 0208087F DISTRIBUTED CYBER WARFARE 68,279 68,279 68,279 68,279
OPERATIONS.
222 0208088F AF DEFENSIVE CYBERSPACE 15,165 15,165 15,165 15,165
OPERATIONS.
223 0208097F JOINT CYBER COMMAND AND CONTROL 38,480 38,480 38,480 38,480
(JCC2).
224 0208099F UNIFIED PLATFORM (UP).......... 84,645 84,645 84,645 84,645
230 0301025F GEOBASE........................ 2,767 2,767 2,767 2,767
231 0301112F NUCLEAR PLANNING AND EXECUTION 32,759 32,759 32,759 32,759
SYSTEM (NPES).
238 0301401F AIR FORCE SPACE AND CYBER NON- 2,904 2,904 2,904 2,904
TRADITIONAL ISR FOR
BATTLESPACE AWARENESS.
239 0302015F E-4B NATIONAL AIRBORNE 3,468 3,468 3,468 3,468
OPERATIONS CENTER (NAOC).
240 0303131F MINIMUM ESSENTIAL EMERGENCY 61,887 61,887 61,887 -17,165 44,722
COMMUNICATIONS NETWORK (MEECN).
................................ Acquisition strategy for [-14,215]
GASNT Inc 2.
................................ CVR increment 2 schedule [-2,950]
delays.
242 0303140F INFORMATION SYSTEMS SECURITY 10,351 10,351 10,351 10,351
PROGRAM.
243 0303142F GLOBAL FORCE MANAGEMENT--DATA 1,346 1,346 1,346 1,346
INITIATIVE.
246 0304260F AIRBORNE SIGINT ENTERPRISE..... 128,110 120,110 128,110 128,110
................................ Program decrease........... [-8,000]
247 0304310F COMMERCIAL ECONOMIC ANALYSIS... 4,042 4,042 4,042 4,042
251 0305020F CCMD INTELLIGENCE INFORMATION 1,649 1,649 1,649 1,649
TECHNOLOGY.
252 0305022F ISR MODERNIZATION & AUTOMATION 19,265 19,265 19,265 19,265
DVMT (IMAD).
253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,645 4,645 4,645 4,645
(GATM).
254 0305103F CYBER SECURITY INITIATIVE...... 384 384 384 384
255 0305111F WEATHER SERVICE................ 23,640 30,640 23,640 7,000 30,640
................................ Commercial weather pilot... [7,000] [7,000]
256 0305114F AIR TRAFFIC CONTROL, APPROACH, 6,553 6,553 6,553 6,553
AND LANDING SYSTEM (ATCALS).
257 0305116F AERIAL TARGETS................. 449 449 449 449
260 0305128F SECURITY AND INVESTIGATIVE 432 432 432 432
ACTIVITIES.
262 0305146F DEFENSE JOINT 4,890 4,890 4,890 4,890
COUNTERINTELLIGENCE ACTIVITIES.
264 0305179F INTEGRATED BROADCAST SERVICE 8,864 8,864 8,864 8,864
(IBS).
265 0305202F DRAGON U-2..................... 18,660 18,660 18,660 18,000 36,660
................................ Air Force requested [18,000]
transfer from line 267.
267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 121,512 139,512 121,512 121,512
................................ Air Force requested [-18,000]
transfer to line 265.
................................ Gorgon Stare Wide Area [10,000] [10,000]
Motion Imagery program
increase.
................................ Sensor Open Systems [8,000] [8,000]
Architecture.
268 0305207F MANNED RECONNAISSANCE SYSTEMS.. 14,711 14,711 14,711 14,711
269 0305208F DISTRIBUTED COMMON GROUND/ 14,152 14,152 14,152 14,152
SURFACE SYSTEMS.
270 0305220F RQ-4 UAV....................... 134,589 134,589 134,589 134,589
271 0305221F NETWORK-CENTRIC COLLABORATIVE 15,049 15,049 15,049 15,049
TARGETING.
272 0305238F NATO AGS....................... 36,731 36,731 36,731 36,731
273 0305240F SUPPORT TO DCGS ENTERPRISE..... 33,547 33,547 33,547 33,547
274 0305600F INTERNATIONAL INTELLIGENCE 13,635 13,635 17,315 3,680 17,315
TECHNOLOGY AND ARCHITECTURES.
................................ PDI: Mission Partner [3,680] [3,680]
Environment BICES-X Project
675898.
275 0305881F RAPID CYBER ACQUISITION........ 4,262 4,262 4,262 4,262
276 0305984F PERSONNEL RECOVERY COMMAND & 2,207 2,207 2,207 2,207
CTRL (PRC2).
277 0307577F INTELLIGENCE MISSION DATA (IMD) 6,277 6,277 6,277 6,277
278 0401115F C-130 AIRLIFT SQUADRON......... 41,973 41,973 41,973 41,973
279 0401119F C-5 AIRLIFT SQUADRONS (IF)..... 32,560 32,560 32,560 32,560
280 0401130F C-17 AIRCRAFT (IF)............. 9,991 9,991 12,991 9,991
................................ C-17 microvanes............ [3,000]

[[Page H6756]]

281 0401132F C-130J PROGRAM................. 10,674 10,674 10,674 10,674
282 0401134F LARGE AIRCRAFT IR 5,507 5,507 5,507 5,507
COUNTERMEASURES (LAIRCM).
283 0401218F KC-135S........................ 4,591 4,591 4,591 4,591
286 0401318F CV-22.......................... 18,419 18,419 18,419 18,419
288 0408011F SPECIAL TACTICS / COMBAT 7,673 7,673 7,673 7,673
CONTROL.
290 0708055F MAINTENANCE, REPAIR & OVERHAUL 24,513 24,513 24,513 24,513
SYSTEM.
291 0708610F LOGISTICS INFORMATION 35,225 35,225 15,225 -3,700 31,525
TECHNOLOGY (LOGIT).
................................ Poor agile development [-20,000]
strategy.
................................ Prior year carryover....... [-3,700]
292 0708611F SUPPORT SYSTEMS DEVELOPMENT.... 11,838 11,838 11,838 11,838
293 0804743F OTHER FLIGHT TRAINING.......... 1,332 1,332 1,332 1,332
295 0901202F JOINT PERSONNEL RECOVERY AGENCY 2,092 2,092 2,092 2,092
296 0901218F CIVILIAN COMPENSATION PROGRAM.. 3,869 3,869 3,869 3,869
297 0901220F PERSONNEL ADMINISTRATION....... 1,584 1,584 1,584 1,584
298 0901226F AIR FORCE STUDIES AND ANALYSIS 1,197 1,197 1,197 1,197
AGENCY.
299 0901538F FINANCIAL MANAGEMENT 7,006 7,006 7,006 7,006
INFORMATION SYSTEMS
DEVELOPMENT.
300 0901554F DEFENSE ENTERPRISE ACNTNG AND 45,638 45,638 45,638 45,638
MGT SYS (DEAMS).
301 1201017F GLOBAL SENSOR INTEGRATED ON 1,889 1,889 -1,889
NETWORK (GSIN).
................................ Transfer to Space Force.... [-1,889] [-1,889]
302 1201921F SERVICE SUPPORT TO STRATCOM-- 993 993 993 993
SPACE ACTIVITIES.
303 1202140F SERVICE SUPPORT TO SPACECOM 8,999 8,999 8,999 8,999
ACTIVITIES.
314 1203400F SPACE SUPERIORITY INTELLIGENCE. 16,810 16,810 16,810 -16,810
................................ Transfer to RD,SF line 41B. [-16,810]
316 1203620F NATIONAL SPACE DEFENSE CENTER.. 2,687 2,687 2,687 -2,687
................................ Transfer to RD,SF line 41A. [-2,687]
318 1203906F NCMC--TW/AA SYSTEM............. 6,990 6,990 6,990 -6,990
................................ Transfer to RD,SF line 41C. [-6,990]
322A 9999999999 CLASSIFIED PROGRAMS............ 15,777,856 15,777,856 15,839,856 -560,000 15,217,856
................................ Air-to-air weapons [62,000]
development increase.
................................ Classified adjustment...... [-560,000]
................................ SUBTOTAL OPERATIONAL SYSTEMS 21,466,680 21,203,091 21,506,160 -649,999 20,816,681
DEVELOPMENT.
................................ SUBTOTAL UNDISTRIBUTED...... -263,589 39,480 -649,999 -649,999
................................
................................ TOTAL RESEARCH, 37,391,826 37,060,337 37,829,306 -752,789 36,639,037
DEVELOPMENT, TEST & EVAL,
AF.
................................
................................ RESEARCH, DEVELOPMENT, TEST &
EVAL, SPACE FORCE
................................ APPLIED RESEARCH
001 1206601SF SPACE TECHNOLOGY............... 130,874 164,874 133,874 16,000 146,874
................................ Ground based optical GEO [5,000]
surveillance.
................................ Rapid development of low- [20,000] [10,000]
cost, small satellite
technology.
................................ Small satellite mission [9,000] [3,000] [6,000]
operations center.
................................ SUBTOTAL APPLIED RESEARCH... 130,874 164,874 133,874 16,000 146,874
................................
................................ ADVANCED COMPONENT DEVELOPMENT
& PROTOTYPES
002 1203164SF NAVSTAR GLOBAL POSITIONING 390,704 390,704 370,704 -10,000 380,704
SYSTEM (USER EQUIPMENT)
(SPACE).
................................ MGUE program slip.......... [-20,000] [-10,000]
003 1203710SF EO/IR WEATHER SYSTEMS.......... 131,000 106,000 131,000 131,000
................................ Program reduction for phase [-25,000]
2 risk reduction Spec OT2.
004 1206422SF WEATHER SYSTEM FOLLOW-ON....... 83,384 83,384 83,384 83,384
005 1206425SF SPACE SITUATION AWARENESS 33,359 33,359 33,359 33,359
SYSTEMS.
006 1206427SF SPACE SYSTEMS PROTOTYPE 142,808 142,808 142,808 8,787 151,595
TRANSITIONS (SSPT).
................................ Transfer from RD,AF line 74 [8,787]
007 1206438SF SPACE CONTROL TECHNOLOGY....... 35,575 35,575 35,575 35,575
008 1206760SF PROTECTED TACTICAL ENTERPRISE 114,390 109,390 114,390 -5,000 109,390
SERVICE (PTES).
................................ Unjustified growth......... [-5,000] [-5,000]
009 1206761SF PROTECTED TACTICAL SERVICE 205,178 200,178 205,178 -5,000 200,178
(PTS).
................................ Unjustified growth......... [-5,000] [-5,000]
010 1206855SF EVOLVED STRATEGIC SATCOM (ESS). 71,395 71,395 71,395 71,395
011 1206857SF SPACE RAPID CAPABILITIES OFFICE 103,518 103,518 103,518 103,518
011A 9999999999 SPACE SECURITY AND DEFENSE 56,311 56,311
PROGRAMS (SSDP).
................................ Transfer from RDTE,AF line [56,311]
77.
................................ SUBTOTAL ADVANCED COMPONENT 1,311,311 1,276,311 1,291,311 45,098 1,356,409
DEVELOPMENT & PROTOTYPES.
................................
................................ SYSTEM DEVELOPMENT &
DEMONSTRATION

[[Page H6757]]

012 1203269SF GPS III FOLLOW-ON (GPS IIIF)... 263,496 253,496 263,496 -8,000 255,496
................................ Execution lagging.......... [-10,000] [-8,000]
013 1203940SF SPACE SITUATION AWARENESS 41,897 41,897 41,897 41,897
OPERATIONS.
014 1206421SF COUNTERSPACE SYSTEMS........... 54,689 54,689 54,689 54,689
015 1206422SF WEATHER SYSTEM FOLLOW-ON....... 2,526 2,526 2,526 2,526
016 1206425SF SPACE SITUATION AWARENESS 173,074 173,074 173,074 173,074
SYSTEMS.
017 1206431SF ADVANCED EHF MILSATCOM (SPACE). 138,257 138,257 138,257 -10,000 128,257
................................ Program delays............. [-10,000]
018 1206432SF POLAR MILSATCOM (SPACE)........ 190,235 190,235 190,235 190,235
019 1206442SF NEXT GENERATION OPIR........... 2,318,864 2,269,864 2,318,864 2,318,864
................................ Block 0 GEO unjustified [-20,000]
cost growth.
................................ Program decrease........... [-29,000]
020 1206853SF NATIONAL SECURITY SPACE LAUNCH 560,978 710,978 590,978 90,000 650,978
PROGRAM (SPACE)--EMD.
................................ NSSL Phase 3 integration [30,000] [90,000]
activities program.
................................ Program increase........... [150,000]
................................ SUBTOTAL SYSTEM DEVELOPMENT 3,744,016 3,835,016 3,774,016 72,000 3,816,016
& DEMONSTRATION.
................................
................................ MANAGEMENT SUPPORT
021 1206116SF SPACE TEST AND TRAINING RANGE 20,281 20,281 20,281 20,281
DEVELOPMENT.
022 1206392SF ACQ WORKFORCE--SPACE & MISSILE 183,930 183,930 183,930 183,930
SYSTEMS.
023 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 9,765 9,765 9,765 9,765
MHA.
024 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,993 27,993 17,993 17,993
(SPACE).
................................ Tactically Responsive [10,000]
Launch Operations.
024A 9999999999 TACTICALLY RESPONSIVE LAUNCH... 5,000 5,000
................................ Program increase........... [5,000]
025 1206864SF SPACE TEST PROGRAM (STP)....... 26,541 26,541 26,541 26,541
................................ SUBTOTAL MANAGEMENT SUPPORT. 258,510 268,510 258,510 5,000 263,510
................................
................................ OPERATIONAL SYSTEM DEVELOPMENT
................................ UNDISTRIBUTED
026 1201017SF GLOBAL SENSOR INTEGRATED ON 3,708 5,597 3,708 1,889 5,597
NETWORK (GSIN).
................................ Transfer from Air Force.... [1,889] [1,889]
027 1203001SF FAMILY OF ADVANCED BLOS 247,229 237,229 247,229 -12,500 234,729
TERMINALS (FAB-T).
................................ Prior year carryover....... [-12,500]
................................ Program decrease........... [-10,000]
028 1203110SF SATELLITE CONTROL NETWORK 75,480 60,480 75,480 -15,000 60,480
(SPACE).
................................ Program decrease........... [-15,000] [-15,000]
029 1203165SF NAVSTAR GLOBAL POSITIONING 1,984 1,984 1,984 1,984
SYSTEM (SPACE AND CONTROL
SEGMENTS).
030 1203173SF SPACE AND MISSILE TEST AND 4,397 4,397 4,397 4,397
EVALUATION CENTER.
031 1203174SF SPACE INNOVATION, INTEGRATION 44,746 39,746 44,746 -5,000 39,746
AND RAPID TECHNOLOGY
DEVELOPMENT.
................................ Underexecution............. [-5,000] [-5,000]
032 1203182SF SPACELIFT RANGE SYSTEM (SPACE). 11,020 16,020 11,020 5,000 16,020
................................ Space launch range services [5,000] [5,000]
and capabilities.
033 1203265SF GPS III SPACE SEGMENT.......... 10,777 10,777 10,777 10,777
034 1203873SF BALLISTIC MISSILE DEFENSE 28,179 28,179 46,679 28,179
RADARS.
................................ Cobra Dane service life [18,500]
extension.
035 1203913SF NUDET DETECTION SYSTEM (SPACE). 29,157 29,157 29,157 29,157
036 1203940SF SPACE SITUATION AWARENESS 44,809 39,809 51,809 -4,000 40,809
OPERATIONS.
................................ Commercial SSA............. [7,000]
................................ Underexecution............. [-5,000] [-4,000]
037 1206423SF GLOBAL POSITIONING SYSTEM III-- 481,999 471,999 416,999 -65,000 416,999
OPERATIONAL CONTROL SEGMENT.
................................ Funds available prioritized [-65,000] [-65,000]
to other space missions.
................................ Program decrease........... [-5,000]
................................ Unjustified growth......... [-5,000]
041 1206770SF ENTERPRISE GROUND SERVICES..... 116,791 116,791 116,791 116,791
041A 9999999999 NATIONAL SPACE DEFENSE CENTER 2,687 2,687
(NSDC).
................................ Transfer from RDTE,AF line [2,687]
316.
041B 9999999999 SPACE SUPERIORITY INTELLIGENCE 16,810 16,810
(SSI).
................................ Transfer from RDTE,AF line [16,810]
314.
041C 9999999999 NCMC--TW/AA SYSTEM............. 6,990 6,990
................................ Transfer from RDTE,AF line [6,990]
318.
041D 9999999999 CLASSIFIED PROGRAMS............ 3,632,866 3,632,866 3,632,866 3,632,866
................................ SUBTOTAL OPERATIONAL SYSTEM 4,733,142 4,695,031 4,693,642 -68,124 4,665,018
DEVELOPMENT.

[[Page H6758]]

................................ SUBTOTAL UNDISTRIBUTED...... -38,111 -39,500 -68,124 -68,124
................................
................................ SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
042 1203614SF JSPOC MISSION SYSTEM........... 149,742 129,742 149,742 15,000 164,742
................................ Commercial space [20,000]
situational awareness.
................................ Unjustified increase....... [-5,000]
................................ Unjustified increase; [-20,000]
transfer to commercial
Space Domain Awareness
Services and Data.
42A 9999999999 COMMERCIAL SATCOM.............. 45,000
................................ Commercial polar space- [25,000]
based proliferated LEO
broadband services and
demonstrations.
................................ Increase for commercial [20,000]
space domain awareness
services and data.
................................ SUBTOTAL SOFTWARE & DIGITAL 149,742 174,742 149,742 15,000 164,742
TECHNOLOGY PILOT PROGRAMS.
................................
................................ TOTAL RESEARCH, 10,327,595 10,414,484 10,301,095 84,974 10,412,569
DEVELOPMENT, TEST & EVAL,
SPACE FORCE.
................................
................................ RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
................................ BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............ 14,617 14,617 14,617 14,617
002 0601101E DEFENSE RESEARCH SCIENCES...... 479,958 479,958 479,958 479,958
003 0601110D8Z BASIC RESEARCH INITIATIVES..... 35,565 58,565 72,565 32,000 67,565
................................ DEPSCoR.................... [20,000] [15,000]
................................ National Academies [1,000]
assessments.
................................ Restore Minerva research [17,000] [17,000] [17,000]
initiative.
................................ START research consortium [5,000]
of excellence for irregular
warfare and advanced
analytics.
004 0601117E BASIC OPERATIONAL MEDICAL 53,730 53,730 58,730 53,730
RESEARCH SCIENCE.
................................ Traumatic brain injury [5,000]
medical research.
005 0601120D8Z NATIONAL DEFENSE EDUCATION 100,241 105,241 100,241 2,000 102,241
PROGRAM.
................................ Civics education pilot..... [5,000] [2,000]
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,975 50,975 52,000 27,000 57,975
UNIVERSITIES/MINORITY
INSTITUTIONS.
................................ Aerospace education, [2,000] [2,000]
research, and innovation
activities.
................................ HBCU/Minority Institutions. [5,000] [5,000]
................................ PIPELINE program: SMART [3,000]
scholarship for service
diversification.
................................ Program increase........... [17,000] [14,025] [20,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,300 45,300 45,300 45,300
PROGRAM.
................................ SUBTOTAL BASIC RESEARCH..... 760,386 808,386 823,411 61,000 821,386
................................
................................ APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY..... 19,409 24,409 19,409 19,409
................................ New energetic materials [5,000]
design.
009 0602115E BIOMEDICAL TECHNOLOGY.......... 107,568 107,568 107,568 107,568
011 0602230D8Z DEFENSE TECHNOLOGY INNOVATION.. 35,000 35,000 35,000 35,000
012 0602234D8Z LINCOLN LABORATORY RESEARCH 41,080 41,080 41,080 41,080
PROGRAM.
013 0602251D8Z APPLIED RESEARCH FOR THE 60,722 60,722 60,722 -6,387 54,335
ADVANCEMENT OF S&T PRIORITIES.
................................ Excess growth.............. [-6,387]
014 0602303E INFORMATION & COMMUNICATIONS 435,920 403,920 435,920 -12,000 423,920
TECHNOLOGY.
................................ Program decrease........... [-32,000] [-12,000]
015 0602383E BIOLOGICAL WARFARE DEFENSE..... 26,950 26,950 26,950 26,950
016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 201,807 206,807 201,807 201,807
PROGRAM.
................................ Treatment testing [5,000]
technology for nuclear,
chemical, and biological
exposure.
017 0602668D8Z CYBER SECURITY RESEARCH........ 15,255 15,255 15,255 15,255
018 0602702E TACTICAL TECHNOLOGY............ 233,271 233,271 233,271 233,271
019 0602715E MATERIALS AND BIOLOGICAL 250,107 250,107 290,107 250,107
TECHNOLOGY.
................................ Increase in emerging [40,000]
biotech research.
020 0602716E ELECTRONICS TECHNOLOGY......... 322,693 322,693 322,693 322,693
021 0602718BR COUNTER WEAPONS OF MASS 174,571 174,571 174,571 174,571
DESTRUCTION APPLIED RESEARCH.
022 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,573 9,573 9,573 9,573
(SEI) APPLIED RESEARCH.
023 1160401BB SOF TECHNOLOGY DEVELOPMENT..... 42,464 47,464 42,464 10,000 52,464

[[Page H6759]]

................................ START research consortium [5,000]
of excellence for irregular
warfare and advanced
analytics.
................................ Sustained Human Performance [5,000] [5,000]
and Resilience.
................................ SUBTOTAL APPLIED RESEARCH... 1,976,390 1,959,390 2,016,390 -8,387 1,968,003
................................
................................ ADVANCED TECHNOLOGY DEVELOPMENT
024 0603000D8Z JOINT MUNITIONS ADVANCED 22,920 22,920 22,920 22,920
TECHNOLOGY.
025 0603121D8Z SO/LIC ADVANCED DEVELOPMENT.... 4,914 4,914 4,914 4,914
026 0603122D8Z COMBATING TERRORISM TECHNOLOGY 51,089 51,089 51,089 51,089
SUPPORT.
027 0603133D8Z FOREIGN COMPARATIVE TESTING.... 25,183 25,183 25,183 25,183
029 0603160BR COUNTER WEAPONS OF MASS 366,659 366,659 366,659 366,659
DESTRUCTION ADVANCED
TECHNOLOGY DEVELOPMENT.
030 0603176C ADVANCED CONCEPTS AND 14,910 64,910 14,910 14,910
PERFORMANCE ASSESSMENT.
................................ Restore low power laser [50,000]
demonstrator.
032 0603180C ADVANCED RESEARCH.............. 18,687 28,687 18,687 18,687
................................ Program increase........... [10,000]
033 0603225D8Z JOINT DOD-DOE MUNITIONS 18,873 18,873 18,873 18,873
TECHNOLOGY DEVELOPMENT.
034 0603286E ADVANCED AEROSPACE SYSTEMS..... 230,978 230,978 210,978 -10,000 220,978
................................ OpFires lack of transition [-20,000] [-10,000]
pathway.
035 0603287E SPACE PROGRAMS AND TECHNOLOGY.. 158,439 158,439 158,439 158,439
036 0603288D8Z ANALYTIC ASSESSMENTS........... 23,775 23,775 23,775 23,775
037 0603289D8Z ADVANCED INNOVATIVE ANALYSIS 36,524 36,524 36,524 36,524
AND CONCEPTS.
038 0603291D8Z ADVANCED INNOVATIVE ANALYSIS 14,703 14,703 14,703 14,703
AND CONCEPTS--MHA.
039 0603294C COMMON KILL VEHICLE TECHNOLOGY. 11,058 11,058 11,058 11,058
040 0603338D8Z DEFENSE MODERNIZATION AND 133,375 133,375 126,375 -9,702 123,673
PROTOTYPING.
................................ Lack of hypersonic [-20,000] [-19,702]
prototype coordination
efforts.
................................ Stratospheric balloon [13,000] [10,000]
research.
042 0603342D8Z DEFENSE INNOVATION UNIT (DIU).. 26,141 26,141 26,141 26,141
043 0603375D8Z TECHNOLOGY INNOVATION.......... 27,709 27,709 27,709 27,709
044 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 188,001 188,001 188,001 188,001
PROGRAM--ADVANCED DEVELOPMENT.
045 0603527D8Z RETRACT LARCH.................. 130,283 130,283 130,283 130,283
046 0603618D8Z JOINT ELECTRONIC ADVANCED 15,164 15,164 15,164 15,164
TECHNOLOGY.
047 0603648D8Z JOINT CAPABILITY TECHNOLOGY 85,452 85,452 85,452 85,452
DEMONSTRATIONS.
048 0603662D8Z NETWORKED COMMUNICATIONS 5,882 5,882 5,882 5,882
CAPABILITIES.
049 0603680D8Z DEFENSE-WIDE MANUFACTURING 93,817 143,817 98,817 42,000 135,817
SCIENCE AND TECHNOLOGY PROGRAM.
................................ Accelerating rapid [5,000] [5,000] [5,000]
prototyping by integrating
high performance computing
and advanced manufacturing.
................................ Additive manufacturing [5,000] [2,000]
training.
................................ Advanced structural [30,000] [25,000]
manufacturing technologies.
................................ Flexible hybrid electronics [5,000] [5,000]
................................ Hypersonic thermal [5,000] [5,000]
management research.
050 0603680S MANUFACTURING TECHNOLOGY 40,025 40,025 55,025 15,000 55,025
PROGRAM.
................................ Defense supply chain [5,000] [5,000]
technologies.
................................ Steel performance [10,000] [10,000]
initiative.
052 0603712S GENERIC LOGISTICS R&D 10,235 10,235 10,235 10,235
TECHNOLOGY DEMONSTRATIONS.
053 0603716D8Z STRATEGIC ENVIRONMENTAL 53,862 158,862 53,862 55,000 108,862
RESEARCH PROGRAM.
................................ AFFF replacement........... [50,000] [25,000]
................................ PFAS Innovation Award Fund. [5,000] [5,000]
................................ PFAS remediation and [50,000] [25,000]
disposal technology.
054 0603720S MICROELECTRONICS TECHNOLOGY 124,049 124,049 124,049 7,000 131,049
DEVELOPMENT AND SUPPORT.
................................ MGUE--DLA requested [7,000]
transfer from P,DW line 23.
055 0603727D8Z JOINT WARFIGHTING PROGRAM...... 3,871 3,871 3,871 3,871
056 0603739E ADVANCED ELECTRONICS 95,864 95,864 95,864 95,864
TECHNOLOGIES.
057 0603760E COMMAND, CONTROL AND 221,724 221,724 221,724 221,724
COMMUNICATIONS SYSTEMS.
058 0603766E NETWORK-CENTRIC WARFARE 661,158 661,158 651,158 -15,000 646,158
TECHNOLOGY.
................................ Lack of coordination....... [-10,000] [-10,000]
................................ Unjustified increase....... [-5,000]
059 0603767E SENSOR TECHNOLOGY.............. 200,220 200,220 200,220 200,220
060 0603769D8Z DISTRIBUTED LEARNING ADVANCED 6,765 6,765 6,765 6,765
TECHNOLOGY DEVELOPMENT.
061 0603781D8Z SOFTWARE ENGINEERING INSTITUTE. 12,598 12,598 12,598 12,598
064 0603924D8Z HIGH ENERGY LASER ADVANCED 105,410 105,410 105,410 -13,140 92,270
TECHNOLOGY PROGRAM.
................................ Excess growth.............. [-13,140]
065 0603941D8Z TEST & EVALUATION SCIENCE & 187,065 187,065 187,065 -32,700 154,365
TECHNOLOGY.
................................ Directed energy test
workloads

[[Page H6760]]

................................ Excess growth electronic [-32,700]
warfare test.
066 0603950D8Z NATIONAL SECURITY INNOVATION 40,000 40,000 40,000
NETWORK.
................................ Restore program............ [40,000] [40,000]
067 0604055D8Z OPERATIONAL ENERGY CAPABILITY 65,000 65,000 65,000 65,000
IMPROVEMENT.
................................ Program increase........... [65,000] [65,000]
................................ Restoration of funds....... [65,000]
070 1160402BB SOF ADVANCED TECHNOLOGY 89,072 94,072 89,072 89,072
DEVELOPMENT.
................................ SOF 3-D printing [5,000]
technologies.
071 1206310SDA SPACE SCIENCE AND TECHNOLOGY 72,422 72,422 72,422 72,422
RESEARCH AND DEVELOPMENT.
................................ SUBTOTAL ADVANCED TECHNOLOGY 3,588,876 3,913,876 3,636,876 143,458 3,732,334
DEVELOPMENT.
................................
................................ ADVANCED COMPONENT DEVELOPMENT
& PROTOTYPES
072 0603161D8Z NUCLEAR AND CONVENTIONAL 32,636 32,636 32,636 32,636
PHYSICAL SECURITY EQUIPMENT
RDT&E ADC&P.
073 0603600D8Z WALKOFF........................ 106,529 106,529 106,529 106,529
075 0603851D8Z ENVIRONMENTAL SECURITY 61,345 113,345 76,345 37,000 98,345
TECHNICAL CERTIFICATION
PROGRAM.
................................ AFFF replacement........... [10,000]
................................ Joint Storage Program...... [15,000]
................................ PFAS remediation and [50,000] [25,000]
disposal technology.
................................ Program increase........... [2,000] [2,000]
076 0603881C BALLISTIC MISSILE DEFENSE 412,627 312,627 412,627 -100,000 312,627
TERMINAL DEFENSE SEGMENT.
................................ Insufficient justification-- [-100,000] [-100,000]
homeland defense underlay.
077 0603882C BALLISTIC MISSILE DEFENSE 1,004,305 919,305 1,004,305 -80,000 924,305
MIDCOURSE DEFENSE SEGMENT.
................................ Unjustified cost growth.... [-85,000] [-80,000]
078 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 76,167 81,167 76,167 76,167
PROGRAM--DEM/VAL.
................................ Decontamination [5,000]
technologies for civilian
pandemic preparedness.
079 0603884C BALLISTIC MISSILE DEFENSE 281,957 281,957 281,957 281,957
SENSORS.
080 0603890C BMD ENABLING PROGRAMS.......... 599,380 599,380 599,380 599,380
081 0603891C SPECIAL PROGRAMS--MDA.......... 420,216 420,216 420,216 420,216
082 0603892C AEGIS BMD...................... 814,936 804,936 814,936 -39,670 775,266
................................ Insufficient justification [-39,670]
Aegis underlay and
unjustified cost growth.
................................ Program decrease........... [-10,000]
083 0603896C BALLISTIC MISSILE DEFENSE 593,353 593,353 593,353 593,353
COMMAND AND CONTROL, BATTLE
MANAGEMENT AND COMMUNICATI.
084 0603898C BALLISTIC MISSILE DEFENSE JOINT 49,560 49,560 49,560 49,560
WARFIGHTER SUPPORT.
085 0603904C MISSILE DEFENSE INTEGRATION & 55,356 55,356 55,356 55,356
OPERATIONS CENTER (MDIOC).
086 0603906C REGARDING TRENCH............... 11,863 11,863 11,863 11,863
087 0603907C SEA BASED X-BAND RADAR (SBX)... 118,318 118,318 118,318 118,318
088 0603913C ISRAELI COOPERATIVE PROGRAMS... 300,000 300,000 300,000 300,000
089 0603914C BALLISTIC MISSILE DEFENSE TEST. 378,302 378,302 378,302 378,302
090 0603915C BALLISTIC MISSILE DEFENSE 536,133 536,133 536,133 536,133
TARGETS.
092 0603923D8Z COALITION WARFARE.............. 10,129 10,129 10,129 10,129
093 0604011D8Z NEXT GENERATION INFORMATION 449,000 400,000 449,000 -19,000 430,000
COMMUNICATIONS TECHNOLOGY (5G).
................................ Program decrease for [-49,000] [-19,000]
Restoring S&T.
094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,325 3,325 3,325 3,325
PROGRAM.
095 0604115C TECHNOLOGY MATURATION 67,389 67,389 67,389 42,000 109,389
INITIATIVES.
................................ Restore DPAL Effort........ [42,000]
098 0604181C HYPERSONIC DEFENSE............. 206,832 206,832 206,832 206,832
099 0604250D8Z ADVANCED INNOVATIVE 730,508 729,508 630,508 -28,500 702,008
TECHNOLOGIES.
................................ Micro nuclear reactors..... [50,000] [50,000]
................................ Program decrease........... [-100,000] [-78,500]
................................ Program decrease for [-51,000]
Restoring S&T.
100 0604294D8Z TRUSTED & ASSURED 489,076 489,076 489,076 489,076
MICROELECTRONICS.
101 0604331D8Z RAPID PROTOTYPING PROGRAM...... 102,023 82,023 82,023 -20,000 82,023
................................ Lack of hypersonic [-20,000]
prototype coordination
efforts.
................................ Program decrease for [-20,000] [-20,000]
Restoring S&T.
102 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 13,255 16,255 13,255 3,000 16,255
PROTOTYPING.
................................ Talent optimization pilot [3,000] [3,000]
program.
103 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,787 2,787 2,787 2,787
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604672C HOMELAND DEFENSE RADAR--HAWAII 130,000 162,000 65,000 65,000
(HDR-H).
................................ Continue radar development. [162,000]

[[Page H6761]]

................................ Continue radar development [130,000] [65,000]
and siting efforts.
107 0604682D8Z WARGAMING AND SUPPORT FOR 3,469 3,469 3,469 3,469
STRATEGIC ANALYSIS (SSA).
109 0604826J JOINT C5 CAPABILITY 19,190 19,190 19,190 19,190
DEVELOPMENT, INTEGRATION AND
INTEROPERABILITY ASSESSMENTS.
110 0604873C LONG RANGE DISCRIMINATION RADAR 137,256 137,256 137,256 137,256
(LRDR).
111 0604874C IMPROVED HOMELAND DEFENSE 664,138 414,138 354,138 -214,000 450,138
INTERCEPTORS.
................................ Contract award delay....... [-310,000]
................................ Delayed NGI contract award. [-250,000]
................................ NGI contract delays........ [-214,000]
112 0604876C BALLISTIC MISSILE DEFENSE 7,768 7,768 7,768 7,768
TERMINAL DEFENSE SEGMENT TEST.
113 0604878C AEGIS BMD TEST................. 170,880 95,880 170,880 -75,000 95,880
................................ Unjustified cost growth.... [-75,000] [-75,000]
114 0604879C BALLISTIC MISSILE DEFENSE 76,456 76,456 76,456 76,456
SENSOR TEST.
115 0604880C LAND-BASED SM-3 (LBSM3)........ 56,628 56,628 133,428 56,628
................................ PDI: Guam Defense System-- [76,800]
systems engineering.
116 0604887C BALLISTIC MISSILE DEFENSE 67,071 67,071 67,071 67,071
MIDCOURSE SEGMENT TEST.
118 0300206R ENTERPRISE INFORMATION 2,198 2,198 2,198 2,198
TECHNOLOGY SYSTEMS.
119 0303191D8Z JOINT ELECTROMAGNETIC 997 997 997 997
TECHNOLOGY (JET) PROGRAM.
120 0305103C CYBER SECURITY INITIATIVE...... 1,148 1,148 1,148 1,148
121 1206410SDA SPACE TECHNOLOGY DEVELOPMENT 215,994 155,994 325,994 -20,000 195,994
AND PROTOTYPING.
................................ Execution of HBTSS by MDA.. [-20,000]
................................ HBTSS--transfer to 1206895C [-20,000] [-20,000]
................................ Space-based target custody [130,000]
layer.
................................ Unjustified growth......... [-40,000]
122 1206893C SPACE TRACKING & SURVEILLANCE 34,144 34,144 34,144 34,144
SYSTEM.
123 1206895C BALLISTIC MISSILE DEFENSE 32,068 152,068 152,068 120,000 152,068
SYSTEM SPACE PROGRAMS.
................................ HBTSS--transfer from [20,000] [20,000]
1206410SDA.
................................ HBTSS sensor payload [100,000] [100,000]
development.
................................ Hypersonic and Ballistic [120,000]
Tracking Space Sensor
(HBTSS).
................................ SUBTOTAL ADVANCED COMPONENT 9,416,712 9,076,712 9,470,512 -329,170 9,087,542
DEVELOPMENT & PROTOTYPES.
................................
................................ SYSTEM DEVELOPMENT &
DEMONSTRATION
124 0604161D8Z NUCLEAR AND CONVENTIONAL 7,173 7,173 7,173 7,173
PHYSICAL SECURITY EQUIPMENT
RDT&E SDD.
126 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 319,976 319,976 322,976 5,000 324,976
PROGRAM--EMD.
................................ Decontamination [5,000]
technologies for civilian
pandemic preparedness.
................................ Stryker NBCRV sensor suite [3,000]
upgrade.
127 0604771D8Z JOINT TACTICAL INFORMATION 54,985 54,985 54,985 54,985
DISTRIBUTION SYSTEM (JTIDS).
128 0605000BR COUNTER WEAPONS OF MASS 15,650 15,650 15,650 15,650
DESTRUCTION SYSTEMS
DEVELOPMENT.
129 0605013BL INFORMATION TECHNOLOGY 1,441 1,441 1,441 1,441
DEVELOPMENT.
130 0605021SE HOMELAND PERSONNEL SECURITY 7,287 7,287 7,287 7,287
INITIATIVE.
131 0605022D8Z DEFENSE EXPORTABILITY PROGRAM.. 12,928 12,928 12,928 12,928
132 0605027D8Z OUSD(C) IT DEVELOPMENT 10,259 10,259 10,259 10,259
INITIATIVES.
133 0605070S DOD ENTERPRISE SYSTEMS 1,377 1,377 1,377 1,377
DEVELOPMENT AND DEMONSTRATION.
134 0605075D8Z CMO POLICY AND INTEGRATION..... 1,648 1,648 1,648 1,648
135 0605080S DEFENSE AGENCY INITIATIVES 20,537 20,537 20,537 20,537
(DAI)--FINANCIAL SYSTEM.
136 0605090S DEFENSE RETIRED AND ANNUITANT 1,638 1,638 1,638 1,638
PAY SYSTEM (DRAS).
137 0605141BR MISSION ASSURANCE RISK 5,500 5,500 5,500 5,500
MANAGEMENT SYSTEM (MARMS).
138 0605210D8Z DEFENSE-WIDE ELECTRONIC 8,279 8,279 8,279 8,279
PROCUREMENT CAPABILITIES.
139 0605294D8Z TRUSTED & ASSURED 107,585 107,585 107,585 107,585
MICROELECTRONICS.
140 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,685 3,685 3,685 3,685
COMMUNICATIONS.
143 0305304D8Z DOD ENTERPRISE ENERGY 3,275 3,275 3,275 3,275
INFORMATION MANAGEMENT (EEIM).
144 0305310D8Z CWMD SYSTEMS: SYSTEM 20,585 20,585 20,585 20,585
DEVELOPMENT AND DEMONSTRATION.
................................ SUBTOTAL SYSTEM DEVELOPMENT 603,808 603,808 606,808 5,000 608,808
& DEMONSTRATION.
................................
................................ MANAGEMENT SUPPORT
145 0603829J JOINT CAPABILITY 11,239 11,239 11,239 11,239
EXPERIMENTATION.
146 0604774D8Z DEFENSE READINESS REPORTING 9,793 9,793 9,793 9,793
SYSTEM (DRRS).
147 0604875D8Z JOINT SYSTEMS ARCHITECTURE 8,497 8,497 8,497 8,497
DEVELOPMENT.
148 0604940D8Z CENTRAL TEST AND EVALUATION 422,451 435,451 452,451 5,000 427,451
INVESTMENT DEVELOPMENT (CTEIP).
................................ Gulf Test Range and [13,000]
training enhancements.
................................ Joint Counter-UAS Office [15,000]
assessment infrastructure.

[[Page H6762]]

................................ Telemetry range extension [15,000] [5,000]
wave glider relay.
149 0604942D8Z ASSESSMENTS AND EVALUATIONS.... 18,379 18,379 18,379 18,379
150 0605001E MISSION SUPPORT................ 74,334 74,334 74,334 74,334
151 0605100D8Z JOINT MISSION ENVIRONMENT TEST 79,046 79,046 79,046 79,046
CAPABILITY (JMETC).
153 0605126J JOINT INTEGRATED AIR AND 50,255 50,255 50,255 50,255
MISSILE DEFENSE ORGANIZATION
(JIAMDO).
155 0605142D8Z SYSTEMS ENGINEERING............ 49,376 49,376 49,376 49,376
156 0605151D8Z STUDIES AND ANALYSIS SUPPORT-- 5,777 5,777 7,777 5,777
OSD.
................................ National Academies of [2,000]
Science study on comparison
of talent programs.
157 0605161D8Z NUCLEAR MATTERS-PHYSICAL 16,552 16,552 16,552 -2,561 13,991
SECURITY.
................................ Excess growth.............. [-2,561]
158 0605170D8Z SUPPORT TO NETWORKS AND 9,582 9,582 9,582 9,582
INFORMATION INTEGRATION.
159 0605200D8Z GENERAL SUPPORT TO USD 1,940 1,940 1,940 1,940
(INTELLIGENCE).
160 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 122,951 122,951 122,951 122,951
PROGRAM.
167 0605790D8Z SMALL BUSINESS INNOVATION 3,582 3,582 3,582 3,582
RESEARCH (SBIR)/ SMALL
BUSINESS TECHNOLOGY TRANSFER.
168 0605797D8Z MAINTAINING TECHNOLOGY 29,566 29,566 29,566 29,566
ADVANTAGE.
169 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS.... 29,059 29,059 29,059 -5,000 24,059
................................ Excess growth.............. [-5,000]
170 0605801KA DEFENSE TECHNICAL INFORMATION 59,369 16,069 9,369 -1,653 57,716
CENTER (DTIC).
................................ Insufficient progress on [-50,000]
data sharing and open
repositories.
................................ Program decrease........... [-43,300] [-1,653]
171 0605803SE R&D IN SUPPORT OF DOD 29,420 29,420 29,420 29,420
ENLISTMENT, TESTING AND
EVALUATION.
172 0605804D8Z DEVELOPMENT TEST AND EVALUATION 27,198 27,198 27,198 27,198
173 0605898E MANAGEMENT HQ--R&D............. 13,434 13,434 13,434 13,434
174 0605998KA MANAGEMENT HQ--DEFENSE 2,837 2,837 2,837 2,837
TECHNICAL INFORMATION CENTER
(DTIC).
175 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS. 13,173 13,173 13,173 13,173
176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,200 3,200 3,200 3,200
ANALYSIS.
177 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 999 999 999 999
DEVELOPMENT SUPPORT.
180 0203345D8Z DEFENSE OPERATIONS SECURITY 3,099 3,099 3,099 3,099
INITIATIVE (DOSI).
181 0204571J JOINT STAFF ANALYTICAL SUPPORT. 3,058 3,058 3,058 3,058
182 0208045K C4I INTEROPERABILITY........... 59,813 59,813 59,813 59,813
185 0303140SE INFORMATION SYSTEMS SECURITY 1,112 1,112 1,112 1,112
PROGRAM.
186 0303166J SUPPORT TO INFORMATION 545 545 545 545
OPERATIONS (IO) CAPABILITIES.
187 0303260D8Z DEFENSE MILITARY DECEPTION 1,036 1,036 1,036 1,036
PROGRAM OFFICE (DMDPO).
188 0305172K COMBINED ADVANCED APPLICATIONS. 30,824 30,824 30,824 30,824
190 0305208K DISTRIBUTED COMMON GROUND/ 3,048 3,048 3,048 3,048
SURFACE SYSTEMS.
194 0804768J COCOM EXERCISE ENGAGEMENT AND 31,125 31,125 31,125 31,125
TRAINING TRANSFORMATION
(CE2T2)--NON-MHA.
195 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100 100 100
MANAGEMENT INSTITUTE (DEOMI).
196 0901598C MANAGEMENT HQ--MDA............. 26,902 26,902 26,902 26,902
197 0903235K JOINT SERVICE PROVIDER (JSP)... 3,138 3,138 3,138 3,138
198A 9999999999 CLASSIFIED PROGRAMS............ 41,583 41,583 41,583 41,583
................................ SUBTOTAL MANAGEMENT SUPPORT. 1,297,392 1,267,092 1,279,392 -4,214 1,293,178
................................
................................ OPERATIONAL SYSTEMS DEVELOPMENT
199 0604130V ENTERPRISE SECURITY SYSTEM 14,378 14,378 14,378 14,378
(ESS).
200 0604532K JOINT ARTIFICIAL INTELLIGENCE.. 132,058 132,058 132,058 132,058
201 0605127T REGIONAL INTERNATIONAL OUTREACH 1,986 1,986 1,986 1,986
(RIO) AND PARTNERSHIP FOR
PEACE INFORMATION MANA.
202 0605147T OVERSEAS HUMANITARIAN 316 316 316 316
ASSISTANCE SHARED INFORMATION
SYSTEM (OHASIS).
203 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 9,151 79,151 70,151 81,000 90,151
SUSTAINMENT SUPPORT.
................................ Advanced machine tool [20,000] [20,000]
research.
................................ Autotune filter [10,000]
manufacturing scale-up for
advanced offboard
electronic warfare.
................................ Cold spray manufacturing [5,000] [5,000]
technologies.
................................ Domestic organic light [5,000] [5,000] [5,000]
emitting diode microdisplay
manufacturing.
................................ Domestic rare earth magnet [5,000]
capability.
................................ Domestic tungsten.......... [5,000] [5,000]
................................ Implementation of radar [5,000]
supplier resiliency plan.

[[Page H6763]]

................................ Manufacturing for reuse of [6,000] [6,000]
NdFeB magnets.
................................ Program increase........... [15,000] [15,000]
................................ Radar supplier resiliency [5,000]
plan.
................................ Submarine workforce [20,000] [20,000] [20,000]
development and training.
................................ Ultra-hard armor........... [5,000] [5,000]
204 0607310D8Z CWMD SYSTEMS: OPERATIONAL 19,082 19,082 19,082 19,082
SYSTEMS DEVELOPMENT.
205 0607327T GLOBAL THEATER SECURITY 3,992 3,992 3,992 3,992
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
206 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 39,530 39,530 39,530 39,530
(OPERATIONAL SYSTEMS
DEVELOPMENT).
207 0208043J PLANNING AND DECISION AID 3,039 3,039 3,039 3,039
SYSTEM (PDAS).
212 0302019K DEFENSE INFO INFRASTRUCTURE 16,324 16,324 16,324 16,324
ENGINEERING AND INTEGRATION.
213 0303126K LONG-HAUL COMMUNICATIONS--DCS.. 11,884 11,884 11,884 11,884
214 0303131K MINIMUM ESSENTIAL EMERGENCY 5,560 5,560 5,560 5,560
COMMUNICATIONS NETWORK (MEECN).
215 0303136G KEY MANAGEMENT INFRASTRUCTURE 73,356 73,356 73,356 73,356
(KMI).
216 0303140D8Z INFORMATION SYSTEMS SECURITY 46,577 46,577 66,577 46,577
PROGRAM.
................................ Workforce transformation [20,000]
cyber initiative pilot
program.
217 0303140G INFORMATION SYSTEMS SECURITY 356,713 336,713 356,713 38,000 394,713
PROGRAM.
................................ GenCyber................... [20,000] [18,000]
................................ Program decrease........... [-40,000]
................................ Workforce Transformation [20,000]
Cyber Initiative Pilot
Program.
218 0303140K INFORMATION SYSTEMS SECURITY 8,922 8,922 18,922 8,922
PROGRAM.
................................ Execution of orchestration [10,000]
pilot.
219 0303150K GLOBAL COMMAND AND CONTROL 3,695 3,695 3,695 3,695
SYSTEM.
220 0303153K DEFENSE SPECTRUM ORGANIZATION.. 20,113 20,113 20,113 20,113
223 0303228K JOINT REGIONAL SECURITY STACKS 9,728 9,242 9,728
(JRSS).
................................ JRSS SIPR funding.......... [-486]
................................ Program decrease........... [-9,728]
231 0305128V SECURITY AND INVESTIGATIVE 5,700 5,700 5,700 5,700
ACTIVITIES.
235 0305186D8Z POLICY R&D PROGRAMS............ 7,144 7,144 7,144 -843 6,301
................................ Program decrease........... [-843]
236 0305199D8Z NET CENTRICITY................. 21,793 21,793 21,793 21,793
238 0305208BB DISTRIBUTED COMMON GROUND/ 6,066 6,066 6,066 6,066
SURFACE SYSTEMS.
245 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,190 2,190 2,190 2,190
TRANSFER PROGRAM.
252 0708012K LOGISTICS SUPPORT ACTIVITIES... 1,654 1,654 1,654 1,654
253 0708012S PACIFIC DISASTER CENTERS....... 1,785 1,785 1,785 1,785
254 0708047S DEFENSE PROPERTY ACCOUNTABILITY 7,301 7,301 7,301 7,301
SYSTEM.
256 1105219BB MQ-9 UAV....................... 21,265 21,265 21,265 21,265
258 1160403BB AVIATION SYSTEMS............... 230,812 230,812 230,812 230,812
259 1160405BB INTELLIGENCE SYSTEMS 19,558 19,558 19,558 19,558
DEVELOPMENT.
260 1160408BB OPERATIONAL ENHANCEMENTS....... 136,041 151,041 136,041 10,000 146,041
................................ Machine learning and AI [10,000] [10,000]
technologies to enable
operational maneuver.
................................ Modular expeditionary [5,000]
compact high-energy lasers.
261 1160431BB WARRIOR SYSTEMS................ 59,511 94,511 58,311 -1,178 58,333
................................ Increased research for cUAS [35,000]
in austere locations abroad.
................................ MMP excess to need......... [-1,178]
................................ MMP-Light unexecutable, [-1,200]
transfer to man-pack.
262 1160432BB SPECIAL PROGRAMS............... 10,500 10,500 10,500 -3,000 7,500
................................ Classified adjustment-- [-3,000]
excess to need.
263 1160434BB UNMANNED ISR................... 19,154 19,154 19,154 -4,000 15,154
................................ Underexecution............. [-4,000]
264 1160480BB SOF TACTICAL VEHICLES.......... 9,263 9,263 9,263 9,263
265 1160483BB MARITIME SYSTEMS............... 59,882 59,882 59,882 -3,000 56,882
................................ DCS Block II studies [-3,000]
unjustified growth.
266 1160489BB GLOBAL VIDEO SURVEILLANCE 4,606 4,606 4,606 4,606
ACTIVITIES.
267 1160490BB OPERATIONAL ENHANCEMENTS 11,612 11,612 11,612 11,612
INTELLIGENCE.
268 1203610K TELEPORT PROGRAM............... 3,239 3,239 3,239 3,239
268A 9999999999 CLASSIFIED PROGRAMS............ 4,746,466 4,746,466 4,746,466 4,746,466
................................ SUBTOTAL OPERATIONAL SYSTEMS 6,161,946 6,252,218 6,251,260 116,979 6,278,925
DEVELOPMENT.
................................
................................ SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
269 0608197V NATIONAL BACKGROUND 121,676 121,676 121,676 -20,000 101,676
INVESTIGATION SERVICES--
SOFTWARE PILOT PROGRAM.

[[Page H6764]]

................................ Unjustified increase....... [-20,000]
270 0608648D8Z ACQUISITION VISIBILITY-- 16,848 16,848 16,848 16,848
SOFTWARE PILOT PROGRAM.
271 0303150K GLOBAL COMMAND AND CONTROL 86,750 76,750 86,750 -10,000 76,750
SYSTEM.
................................ Program decrease........... [-10,000] [-10,000]
272 0308588D8Z ALGORITHMIC WARFARE CROSS 250,107 200,107 250,107 250,107
FUNCTIONAL TEAMS--SOFTWARE
PILOT PROGRAM.
................................ Program decrease........... [-50,000]
................................ SUBTOTAL SOFTWARE AND 475,381 415,381 475,381 -30,000 445,381
DIGITAL TECHNOLOGY PILOT
PROGRAMS.
................................
................................ UNDISTRIBUTED
273A 9999999999 PANDEMIC PREPAREDNESS AND 1,000,000
RESILIENCE NATIONAL SECURITY
FUND.
................................ Program increase........... [1,000,000]
................................ SUBTOTAL UNDISTRIBUTED...... 1,000,000
................................
................................ TOTAL RESEARCH, 24,280,891 25,296,863 24,560,030 -45,334 24,235,557
DEVELOPMENT, TEST & EVAL,
DW.
................................
................................ OPERATIONAL TEST & EVAL,
DEFENSE
................................ MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION 100,021 100,021 100,021 100,021
002 0605131OTE LIVE FIRE TEST AND EVALUATION.. 70,933 70,933 70,933 70,933
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 39,136 39,136 66,136 39,136
ANALYSES.
................................ Advanced satellite [5,000]
navigation receiver.
................................ Joint Test and Evaluation [22,000]
DWR funding restoration.
................................ SUBTOTAL MANAGEMENT SUPPORT. 210,090 210,090 237,090 210,090
................................
................................ TOTAL OPERATIONAL TEST & 210,090 210,090 237,090 210,090
EVAL, DEFENSE.
................................
................................ TOTAL RDT&E............... 106,224,793 106,532,628 106,674,670 -1,515,892 104,708,901
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page H6765]]

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS.

----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of
Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ APPLIED
RESEARCH
016 0602145A NEXT GENERATION 2,000 2,000 2,000 2,000
COMBAT VEHICLE
TECHNOLOGY.
................ SUBTOTAL 2,000 2,000 2,000 2,000
APPLIED
RESEARCH.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
080 0603327A AIR AND MISSILE 500 500 500 500
DEFENSE
SYSTEMS
ENGINEERING.
114 0604785A INTEGRATED BASE 2,020 2,020 2,020 2,020
DEFENSE
(BUDGET
ACTIVITY 4).
................ SUBTOTAL 2,520 2,520 2,520 2,520
ADVANCED
COMPONENT
DEVELOPMENT
&
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
131 0604741A AIR DEFENSE 27,000 27,000 27,000 27,000
COMMAND,
CONTROL AND
INTELLIGENCE--
ENG DEV.
159 0605035A COMMON INFRARED 2,300 2,300 2,300 2,300
COUNTERMEASURE
S (CIRCM).
166 0605051A AIRCRAFT 64,625 64,625 64,625 64,625
SURVIVABILITY
DEVELOPMENT.
183 0304270A ELECTRONIC 3,900 3,900 3,900 3,900
WARFARE
DEVELOPMENT.
................ SUBTOTAL 97,825 97,825 97,825 97,825
SYSTEM
DEVELOPMENT
&
DEMONSTRATI
ON.
................
................ MANAGEMENT
SUPPORT
198 0605709A EXPLOITATION OF 1,000 1,000 1,000 1,000
FOREIGN ITEMS.
209 0606003A COUNTERINTEL 4,137 4,137 4,137 4,137
AND HUMAN
INTEL
MODERNIZATION.
................ SUBTOTAL 5,137 5,137 5,137 5,137
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
239 0203802A OTHER MISSILE 2,300 2,300 2,300 2,300
PRODUCT
IMPROVEMENT
PROGRAMS.
248 0303028A SECURITY AND 23,367 23,367 23,367 23,367
INTELLIGENCE
ACTIVITIES.
257 0305204A TACTICAL 34,100 34,100 34,100 34,100
UNMANNED
AERIAL
VEHICLES.
258 0305206A AIRBORNE 15,575 15,575 15,575 15,575
RECONNAISSANCE
SYSTEMS.
................ SUBTOTAL 75,342 75,342 75,342 75,342
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 182,824 182,824 182,824 182,824
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
039 0603527N RETRACT LARCH.. 36,500 36,500 36,500 36,500
058 0603654N JOINT SERVICE 14,461 14,461 14,461 14,461
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
063 0603734N CHALK CORAL.... 3,000 3,000 3,000 3,000
071 0603795N LAND ATTACK 1,457 1,457 1,457 1,457
TECHNOLOGY.
................ SUBTOTAL 55,418 55,418 55,418 55,418
ADVANCED
COMPONENT
DEVELOPMENT
&
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
142 0604755N SHIP SELF 1,144 1,144 1,144 1,144
DEFENSE
(DETECT &
CONTROL).
................ SUBTOTAL 1,144 1,144 1,144 1,144
SYSTEM
DEVELOPMENT
&
DEMONSTRATI
ON.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
229 0206625M USMC 3,000 3,000 3,000 3,000
INTELLIGENCE/
ELECTRONIC
WARFARE
SYSTEMS (MIP).
................ SUBTOTAL 3,000 3,000 3,000 3,000
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 59,562 59,562 59,562 59,562
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
AF
065 0305601F MISSION PARTNER 6,500
ENVIRONMENTS.
................ EDI: [6,500]
Mission
Partner
Environment
(MPE).
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
185 0205671F JOINT COUNTER 4,080 4,080 4,080 4,080
RCIED
ELECTRONIC
WARFARE.
228 0208288F INTEL DATA 1,224 1,224 1,224 1,224
APPLICATIONS.
................ SUBTOTAL 5,304 5,304 5,304 5,304
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 5,304 5,304 11,804 5,304
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, AF.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW

[[Page H6766]]

................ APPLIED
RESEARCH
010 0602134BR COUNTER 3,699 3,699 3,699 3,699
IMPROVISED-
THREAT
ADVANCED
STUDIES.
................ SUBTOTAL 3,699 3,699 3,699 3,699
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
026 0603122D8Z COMBATING 19,288 19,288 19,288 19,288
TERRORISM
TECHNOLOGY
SUPPORT.
028 0603134BR COUNTER 3,861 3,861 3,861 3,861
IMPROVISED-
THREAT
SIMULATION.
................ SUBTOTAL 23,149 23,149 23,149 23,149
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
097 0604134BR COUNTER 19,931 19,931 19,931 19,931
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
................ SUBTOTAL 19,931 19,931 19,931 19,931
ADVANCED
COMPONENT
DEVELOPMENT
&
PROTOTYPES.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
260 1160408BB OPERATIONAL 1,186 1,186 1,186 1,186
ENHANCEMENTS.
261 1160431BB WARRIOR SYSTEMS 5,796 5,796 5,796 5,796
263 1160434BB UNMANNED ISR... 5,000 5,000 5,000 5,000
268A 9999999999 CLASSIFIED 24,057 24,057 24,057 24,057
PROGRAMS.
................ SUBTOTAL 36,039 36,039 36,039 36,039
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 82,818 82,818 82,818 82,818
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, DW.
................
................ TOTAL 330,508 330,508 337,008 330,508
RDT&E.
----------------------------------------------------------------------------------------------------------------

[[Page H6767]]

TITLE XLIII--OPERATION AND MAINTENANCE

SEC. 4301. OPERATION AND MAINTENANCE.

----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 House Senate Conference Conference
Line Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION &
MAINTENANCE, ARMY
OPERATING FORCES
020 MODULAR SUPPORT 159,834 143,834 159,834 -10,300 149,534
BRIGADES...........
Unjustified [-16,000] [-10,300]
funding for
Dynamic Force
Employment......
030 ECHELONS ABOVE 663,751 660,951 663,751 -1,813 661,938
BRIGADE............
Unjustified [-2,800] [-1,813]
funding for
Dynamic Force
Employment......
040 THEATER LEVEL ASSETS 956,477 956,477 956,477 -20,000 936,477
Unjustified [-20,000]
growth..........
050 LAND FORCES 1,157,635 1,152,984 1,167,935 1,157,635
OPERATIONS SUPPORT.
Establishment of [10,349]
Joint CUAS
Office..........
Joint Counter- [10,300]
UAS IOC
acceleration....
Program decrease [-15,000]
060 AVIATION ASSETS..... 1,453,024 1,403,024 1,453,024 -104,375 1,348,649
Unjustified [-50,000] [-32,375]
funding for
Dynamic Force
Employment......
Unjustified [-72,000]
growth..........
070 FORCE READINESS 4,713,660 4,698,660 4,713,660 -40,000 4,673,660
OPERATIONS SUPPORT.
PDI: Army UFR [45,000]
INDOPACOM MDTF
#1..............
Program decrease [-15,000]
Transfer to MP,A [-10,000]
line 13.........
Unjustified [-75,000]
growth..........
080 LAND FORCES SYSTEMS 404,161 404,161 404,161 404,161
READINESS..........
090 LAND FORCES DEPOT 1,413,359 1,513,359 1,413,359 -35,000 1,378,359
MAINTENANCE........
Program increase [100,000]
for depot
maintenance
activities......
Unjustified [-35,000]
growth..........
100 BASE OPERATIONS 8,220,093 8,350,093 8,346,093 120,000 8,340,093
SUPPORT............
Army Community [30,000] [30,000]
Services........
Child [79,000]
Development
Center
playground
equipment and
furniture
increases.......
Child Youth [47,000]
Service
improvements....
Child Youth [100,000] [90,000]
Services program
increase........
110 FACILITIES 3,581,071 3,647,387 3,815,531 234,460 3,815,531
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
FSRM increase... [62,360]
MDTF EUCOM and [126,800]
INDOPACOM FSRM..
Program increase [234,460]
Program increase [66,316]
for additional
facility
requirements....
Revitalization [45,300]
of Army
deployment
infrastructure..
120 MANAGEMENT AND 411,844 411,844 411,844 411,844
OPERATIONAL
HEADQUARTERS.......
160 US AFRICA COMMAND... 239,387 239,387 341,887 38,500 277,887
AFRICOM force [2,500]
protection
upgrades........
AFRICOM ISR [64,000]
improvements....
AFRICOM UFR [36,000]
CASEVAC
improvements....
Force protection [2,500]
upfrades--person
nel recovery/
casualty
evacuation......
Program [36,000]
increase--person
nel recovery and
casualty
evacuation......
170 US EUROPEAN COMMAND. 160,761 160,761 160,761 160,761
180 US SOUTHERN COMMAND. 197,826 197,826 197,826 197,826
190 US FORCES KOREA..... 65,152 65,152 65,152 65,152
200 CYBERSPACE 430,109 430,109 435,109 430,109
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
Additional [5,000]
access and
operations
support.........
210 CYBERSPACE 464,117 464,117 464,117 464,117
ACTIVITIES--CYBERSE
CURITY.............
SUBTOTAL 24,692,261 24,900,126 25,170,521 181,472 24,873,733
OPERATING FORCES

MOBILIZATION
220 STRATEGIC MOBILITY.. 402,236 402,236 402,236 402,236
230 ARMY PREPOSITIONED 324,306 324,306 324,306 324,306
STOCKS.............
240 INDUSTRIAL 3,653 3,653 3,653 3,653
PREPAREDNESS.......
SUBTOTAL 730,195 730,195 730,195 730,195
MOBILIZATION....

TRAINING AND
RECRUITING
250 OFFICER ACQUISITION. 165,142 165,142 165,142 165,142
260 RECRUIT TRAINING.... 76,509 76,509 76,509 76,509
270 ONE STATION UNIT 88,523 88,523 88,523 88,523
TRAINING...........

[[Page H6768]]

280 SENIOR RESERVE 535,578 535,578 535,578 535,578
OFFICERS TRAINING
CORPS..............
290 SPECIALIZED SKILL 981,436 981,436 981,436 981,436
TRAINING...........
300 FLIGHT TRAINING..... 1,204,768 1,204,768 1,204,768 1,204,768
310 PROFESSIONAL 215,195 215,195 215,195 215,195
DEVELOPMENT
EDUCATION..........
320 TRAINING SUPPORT.... 575,232 575,232 575,232 575,232
330 RECRUITING AND 722,612 672,612 722,612 -5,000 717,612
ADVERTISING........
Program decrease [-50,000]
Unjustified [-5,000]
growth..........
340 EXAMINING........... 185,522 185,522 185,522 185,522
350 OFF-DUTY AND 221,503 221,503 221,503 221,503
VOLUNTARY EDUCATION
360 CIVILIAN EDUCATION 154,651 154,651 154,651 154,651
AND TRAINING.......
370 JUNIOR RESERVE 173,286 173,286 173,286 173,286
OFFICER TRAINING
CORPS..............
SUBTOTAL 5,299,957 5,249,957 5,299,957 -5,000 5,294,957
TRAINING AND
RECRUITING......

ADMIN & SRVWIDE
ACTIVITIES
390 SERVICEWIDE 491,926 491,926 464,926 491,926
TRANSPORTATION.....
Historical [-25,000]
underexecution..
Program decrease [-2,000]
400 CENTRAL SUPPLY 812,613 812,613 812,613 812,613
ACTIVITIES.........
410 LOGISTIC SUPPORT 676,178 676,178 676,178 676,178
ACTIVITIES.........
420 AMMUNITION 437,774 437,774 437,774 437,774
MANAGEMENT.........
430 ADMINISTRATION...... 438,048 433,048 438,048 438,048
Program decrease [-5,000]
440 SERVICEWIDE 1,638,872 1,603,872 1,638,872 -20,000 1,618,872
COMMUNICATIONS.....
Program decrease [-25,000]
Reprioritization [-10,000]
Unjustified [-20,000]
growth..........
450 MANPOWER MANAGEMENT. 300,046 300,046 300,046 300,046
460 OTHER PERSONNEL 701,103 701,103 698,103 701,103
SUPPORT............
Historical [-4,000]
underexecution..
Program decrease [-2,000]
Servicewomen's [3,000]
commemorative
partnerships....
470 OTHER SERVICE 1,887,133 1,852,493 1,887,133 -1,000 1,886,133
SUPPORT............
Excess personnel [-4,000]
increase........
Servicewoman's [3,000] [3,000]
Commemorative
Partnership.....
Transfer to [-37,640]
DAWDF--reversal
of DWR transfers
480 ARMY CLAIMS 195,291 195,291 195,291 195,291
ACTIVITIES.........
490 REAL ESTATE 229,537 229,537 229,537 229,537
MANAGEMENT.........
500 FINANCIAL MANAGEMENT 306,370 306,370 306,370 306,370
AND AUDIT READINESS
510 INTERNATIONAL 373,030 373,030 373,030 373,030
MILITARY
HEADQUARTERS.......
520 MISC. SUPPORT OF 32,719 32,719 32,719 32,719
OTHER NATIONS......
565 CLASSIFIED PROGRAMS. 1,069,915 1,069,915 1,069,915 1,069,915
SUBTOTAL ADMIN & 9,590,555 9,515,915 9,560,555 -21,000 9,569,555
SRVWIDE
ACTIVITIES......

UNDISTRIBUTED
570 UNDISTRIBUTED....... -231,457 -323,501 -395,600 -395,600
COVID-related [-185,801] [-258,300]
ops/training
slowdown........
Foreign Currency [-137,300] [-137,700] [-137,300]
adjustments.....
Historical [-94,157]
unobligated
balances........
SUBTOTAL -231,457 -323,501 -395,600 -395,600
UNDISTRIBUTED...

TOTAL OPERATION 40,312,968 40,164,736 40,437,727 -240,128 40,072,840
& MAINTENANCE,
ARMY...........

OPERATION &
MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT 10,784 10,784 10,784 10,784
BRIGADES...........
020 ECHELONS ABOVE 530,425 530,425 530,425 530,425
BRIGADE............
030 THEATER LEVEL ASSETS 123,737 123,737 123,737 123,737
040 LAND FORCES 589,582 589,582 589,582 -10,000 579,582
OPERATIONS SUPPORT.
Unjustified [-8,400]
growth..........
Unjustified [-1,600]
personnel growth
050 AVIATION ASSETS..... 89,332 89,332 89,332 89,332
060 FORCE READINESS 387,545 387,545 387,545 387,545
OPERATIONS SUPPORT.
070 LAND FORCES SYSTEMS 97,569 97,569 97,569 97,569
READINESS..........
080 LAND FORCES DEPOT 43,148 43,148 43,148 43,148
MAINTENANCE........
090 BASE OPERATIONS 587,098 587,098 587,098 587,098
SUPPORT............

[[Page H6769]]

100 FACILITIES 327,180 333,239 332,440 6,059 333,239
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
FSRM increase... [5,260]
Program increase [6,059] [6,059]
for additional
facility
requirements....
110 MANAGEMENT AND 28,783 28,783 28,783 28,783
OPERATIONAL
HEADQUARTERS.......
120 CYBERSPACE 2,745 2,745 2,745 2,745
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
130 CYBERSPACE 7,438 7,438 7,438 7,438
ACTIVITIES--CYBERSE
CURITY.............
SUBTOTAL 2,825,366 2,831,425 2,830,626 -3,941 2,821,425
OPERATING FORCES

ADMIN & SRVWD
ACTIVITIES
140 SERVICEWIDE 15,530 15,530 15,530 15,530
TRANSPORTATION.....
150 ADMINISTRATION...... 17,761 17,761 17,761 17,761
160 SERVICEWIDE 14,256 14,256 14,256 14,256
COMMUNICATIONS.....
170 MANPOWER MANAGEMENT. 6,564 6,564 6,564 6,564
180 RECRUITING AND 55,240 55,240 55,240 55,240
ADVERTISING........
SUBTOTAL ADMIN & 109,351 109,351 109,351 109,351
SRVWD ACTIVITIES

UNDISTRIBUTED
210 UNDISTRIBUTED....... -10,100 -11,999 -33,500 -33,500
COVID-related [-11,999] [-33,500]
ops/training
slowdown........
Historical [-10,100]
unobligated
balances........
SUBTOTAL -10,100 -11,999 -33,500 -33,500
UNDISTRIBUTED...

TOTAL OPERATION 2,934,717 2,930,676 2,927,978 -37,441 2,897,276
& MAINTENANCE,
ARMY RES.......

OPERATION &
MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS...... 769,449 769,449 769,449 769,449
020 MODULAR SUPPORT 204,604 204,604 204,604 204,604
BRIGADES...........
030 ECHELONS ABOVE 812,072 812,072 812,072 812,072
BRIGADE............
040 THEATER LEVEL ASSETS 103,650 103,650 103,650 -2,500 101,150
Insufficient [-2,500]
justification...
050 LAND FORCES 32,485 32,485 32,485 32,485
OPERATIONS SUPPORT.
060 AVIATION ASSETS..... 1,011,142 1,011,142 1,011,142 1,011,142
070 FORCE READINESS 712,881 712,881 712,881 712,881
OPERATIONS SUPPORT.
080 LAND FORCES SYSTEMS 47,732 47,732 47,732 47,732
READINESS..........
090 LAND FORCES DEPOT 265,408 265,408 265,408 265,408
MAINTENANCE........
100 BASE OPERATIONS 1,106,704 1,106,704 1,106,704 1,106,704
SUPPORT............
110 FACILITIES 876,032 892,254 887,252 16,222 892,254
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
FSRM increase... [11,220]
Program increase [16,222] [16,222]
for additional
facility
requirements....
120 MANAGEMENT AND 1,050,257 1,050,257 1,050,257 1,050,257
OPERATIONAL
HEADQUARTERS.......
130 CYBERSPACE 7,998 7,998 10,998 1,000 8,998
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
Pilot program [3,000]
for National
Guard
cybersecurity...
Program [1,000]
increase--cyber
security
training center.
140 CYBERSPACE 7,756 7,756 7,756 7,756
ACTIVITIES--CYBERSE
CURITY.............
SUBTOTAL 7,008,170 7,024,392 7,022,390 14,722 7,022,892
OPERATING FORCES

ADMIN & SRVWD
ACTIVITIES
150 SERVICEWIDE 8,018 8,018 8,018 8,018
TRANSPORTATION.....
160 ADMINISTRATION...... 74,309 74,309 74,309 74,309
170 SERVICEWIDE 66,140 66,140 66,140 66,140
COMMUNICATIONS.....
180 MANPOWER MANAGEMENT. 9,087 9,087 9,087 9,087
190 OTHER PERSONNEL 251,714 251,714 251,714 251,714
SUPPORT............
200 REAL ESTATE 2,576 2,576 2,576 2,576
MANAGEMENT.........
SUBTOTAL ADMIN & 411,844 411,844 411,844 411,844
SRVWD ACTIVITIES

UNDISTRIBUTED
220 UNDISTRIBUTED....... -19,900 -36,372 -66,100 -66,100
COVID-related [-36,372] [-66,100]
ops/training
slowdown........
Historical [-19,900]
unobligated
balances........
SUBTOTAL -19,900 -36,372 -66,100 -66,100
UNDISTRIBUTED...

TOTAL OPERATION 7,420,014 7,416,336 7,397,862 -51,378 7,368,636
& MAINTENANCE,
ARNG...........

OPERATION &
MAINTENANCE, NAVY
OPERATING FORCES

[[Page H6770]]

010 MISSION AND OTHER 5,738,746 5,359,952 5,738,746 -365,000 5,373,746
FLIGHT OPERATIONS..
Transfer to OCO. [-378,794] [-300,000]
Unjustified [-65,000]
increase........
020 FLEET AIR TRAINING.. 2,213,673 2,161,673 2,213,673 -50,000 2,163,673
Restoration of [-52,000] [-50,000]
Congressional
mark............
030 AVIATION TECHNICAL 57,144 57,144 57,144 57,144
DATA & ENGINEERING
SERVICES...........
040 AIR OPERATIONS AND 171,949 171,949 171,949 171,949
SAFETY SUPPORT.....
050 AIR SYSTEMS SUPPORT. 838,767 834,067 838,767 -4,700 834,067
Restoration of [-4,700] [-4,700]
Congressional
mark............
060 AIRCRAFT DEPOT 1,459,447 1,459,447 1,459,447 -5,000 1,454,447
MAINTENANCE........
Unjustified [-5,000]
growth..........
070 AIRCRAFT DEPOT 57,789 57,789 57,789 57,789
OPERATIONS SUPPORT.
080 AVIATION LOGISTICS.. 1,264,665 1,234,430 1,264,665 -30,000 1,234,665
Restoration of [-30,235] [-30,000]
Congressional
mark............
090 MISSION AND OTHER -178,060
SHIP OPERATIONS....
Insufficient [-195,000]
justification...
Preservation of [16,940]
LCS 3 and LCS 4.
100 SHIP OPERATIONS 1,117,067 1,110,267 1,117,067 -10,000 1,107,067
SUPPORT & TRAINING.
Restoration of [-6,800]
Congressional
mark............
Unjustified [-10,000]
increase........
110 SHIP DEPOT 7,859,104 8,530,664 7,859,104 7,859,104
MAINTENANCE........
Preservation of [21,560]
LCS 3 and LCS 4.
Realignment from [650,000]
Procurement for
Ship Depot
Maintenance
Pilot...........
120 SHIP DEPOT 2,262,196 2,261,796 2,262,196 -20,000 2,242,196
OPERATIONS SUPPORT.
Preservation of [12,600]
LCS 3 and LCS 4.
Restoration of [-13,000]
Congressional
mark............
Unjustified [-13,000]
increase........
Unjustified [-7,000]
personnel growth
125 SHIPYARD 90,000 90,000 90,000
INFRASTRUCTURE
OPTIMIZATION PLAN..
Realignment from [90,000] [90,000]
Sustainment,
Readiness, and
Modernization...
130 COMBAT 1,521,360 1,502,360 1,521,360 -19,000 1,502,360
COMMUNICATIONS AND
ELECTRONIC WARFARE.
Restoration of [-19,000]
Congressional
mark............
Unjustified [-19,000]
increase........
140 SPACE SYSTEMS AND 274,087 274,087 274,087 274,087
SURVEILLANCE.......
150 WARFARE TACTICS..... 741,609 741,609 741,609 741,609
160 OPERATIONAL 401,382 401,382 401,382 401,382
METEOROLOGY AND
OCEANOGRAPHY.......
170 COMBAT SUPPORT 1,546,273 936,273 1,546,273 -610,000 936,273
FORCES.............
Restoration of [-60,000] [-60,000]
Congressional
mark............
Transfer to OCO. [-550,000] [-550,000]
180 EQUIPMENT 177,951 177,951 172,951 177,951
MAINTENANCE AND
DEPOT OPERATIONS
SUPPORT............
Program decrease [-5,000]
190 COMBATANT COMMANDERS 61,484 61,484 66,484 4,600 66,084
CORE OPERATIONS....
PDI: Asia- [5,000] [4,600]
Pacific Regional
Initiative......
200 COMBATANT COMMANDERS 102,330 124,130 110,630 8,300 110,630
DIRECT MISSION
SUPPORT............
INDOPACOM [13,500]
Mission Command
and Control (MPE-
C2).............
PDI: Indo- [2,000] [2,000]
Pacific Counter-
Terrorism
Information
Facility........
PDI: Indo- [6,300] [6,300]
Pacific Special
Operations Joint
Task Force......
PDI: Joint Task [6,300]
Force Indo-
Pacific (SOCPAC)
PDI: Singapore [2,000]
CTIF fusion
center..........
210 MILITARY INFORMATION 8,810 8,810 26,510 8,810
SUPPORT OPERATIONS.
PDI: Countering [17,700]
Chinese malign
influence in
Indo-Pacific....
220 CYBERSPACE 567,496 567,496 567,496 567,496
ACTIVITIES.........
230 FLEET BALLISTIC 1,428,102 1,428,102 1,428,102 1,428,102
MISSILE............
240 WEAPONS MAINTENANCE. 995,762 950,762 995,762 -45,000 950,762
Restoration of [-45,000] [-45,000]
Congressional
mark............
250 OTHER WEAPON SYSTEMS 524,008 524,008 524,008 524,008
SUPPORT............
260 ENTERPRISE 1,229,056 1,184,056 1,229,056 -25,000 1,204,056
INFORMATION........
Program decrease [-25,000] [-5,000]
Restoration of [-20,000] [-20,000]
Congressional
mark............
270 SUSTAINMENT, 3,453,099 3,427,045 3,453,099 1,694 3,454,793
RESTORATION AND
MODERNIZATION......
Navy requested [27,748]
transfer from
RDTE,N line 184.
Program increase [63,946] [63,946]
for additional
facility
requirements....
Realignment to [-90,000] [-90,000]
Shipyard
Infrastructure
Optimization
Plan............
280 BASE OPERATING 4,627,966 4,603,966 4,627,966 -24,000 4,603,966
SUPPORT............
Restoration of [-24,000] [-24,000]
Congressional
mark............
SUBTOTAL 40,701,322 40,064,639 40,727,322 -1,103,106 39,598,216
OPERATING FORCES

[[Page H6771]]

MOBILIZATION
290 SHIP PREPOSITIONING 849,993 657,900 849,993 -192,093 657,900
AND SURGE..........
Realignment to [-314,193] [-314,193]
National Defense
Sealift Fund....
Restoration of [-20,000] [-20,000]
Congressional
mark............
Strategic [57,000] [57,000]
sealift (MSC
surge) annual
operating result
loss............
Surge sealift [85,100] [85,100]
readiness.......
300 READY RESERVE FORCE. 436,029 376,029 436,029 -60,000 376,029
Acquisition and [60,000] [60,000]
conversion of
additional used
vessels.........
Realignment to [-120,000] [-120,000]
National Defense
Sealift Fund....
310 SHIP ACTIVATIONS/ 286,416 258,416 286,416 -28,000 258,416
INACTIVATIONS......
Restoration of [-28,000] [-28,000]
Congressional
mark............
320 EXPEDITIONARY HEALTH 99,402 42,190 111,002 99,402
SERVICES SYSTEMS...
Realignment to [-57,212]
National Defense
Sealift Fund....
USNS Mercy SLEP. [11,600]
330 COAST GUARD SUPPORT. 25,235 25,235 25,235 25,235
SUBTOTAL 1,697,075 1,359,770 1,708,675 -280,093 1,416,982
MOBILIZATION....

TRAINING AND
RECRUITING
340 OFFICER ACQUISITION. 186,117 186,117 186,117 186,117
350 RECRUIT TRAINING.... 13,206 13,206 13,206 13,206
360 RESERVE OFFICERS 163,683 163,683 163,683 163,683
TRAINING CORPS.....
370 SPECIALIZED SKILL 947,841 930,641 947,841 -17,000 930,841
TRAINING...........
Restoration of [-17,200] [-17,000]
Congressional
mark............
380 PROFESSIONAL 367,647 369,147 367,647 1,500 369,147
DEVELOPMENT
EDUCATION..........
Sea Cadets...... [1,500] [1,500]
390 TRAINING SUPPORT.... 254,928 254,928 254,928 254,928
400 RECRUITING AND 206,305 206,305 206,305 206,305
ADVERTISING........
410 OFF-DUTY AND 103,799 103,799 103,799 103,799
VOLUNTARY EDUCATION
420 CIVILIAN EDUCATION 66,060 66,060 66,060 66,060
AND TRAINING.......
430 JUNIOR ROTC......... 56,276 56,276 56,276 56,276
SUBTOTAL 2,365,862 2,350,162 2,365,862 -15,500 2,350,362
TRAINING AND
RECRUITING......

ADMIN & SRVWD
ACTIVITIES
440 ADMINISTRATION...... 1,249,410 1,186,410 1,249,410 -46,000 1,203,410
Program decrease [-30,000] [-13,000]
Restoration of [-33,000] [-33,000]
Congressional
mark............
450 CIVILIAN MANPOWER 189,625 189,625 189,625 189,625
AND PERSONNEL
MANAGEMENT.........
460 MILITARY MANPOWER 499,904 499,904 499,904 499,904
AND PERSONNEL
MANAGEMENT.........
470 MEDICAL ACTIVITIES.. 196,747 196,747 196,747 196,747
480 SERVICEWIDE 165,708 160,614 165,708 -3,298 162,410
TRANSPORTATION.....
Unjustified [-5,094] [-3,298]
funding for
Dynamic Force
Employment......
500 PLANNING, 519,716 519,716 524,716 519,716
ENGINEERING, AND
PROGRAM SUPPORT....
Energy Security [5,000]
Programs Office.
510 ACQUISITION, 751,184 690,564 751,184 -11,000 740,184
LOGISTICS, AND
OVERSIGHT..........
Program decrease [-11,000]
unaccounted for.
Transfer to [-60,620]
DAWDF--reversal
of DWR transfers
520 INVESTIGATIVE AND 747,519 736,519 747,519 747,519
SECURITY SERVICES..
Restoration of [-11,000]
Congressional
mark............
625 CLASSIFIED PROGRAMS. 608,670 608,670 608,670 608,670
SUBTOTAL ADMIN & 4,928,483 4,788,769 4,933,483 -60,298 4,868,185
SRVWD ACTIVITIES

UNDISTRIBUTED
770 UNDISTRIBUTED....... -71,900 -103,687 -126,000 -126,000
COVID-related [-54,987] [-77,500]
ops/training
slowdown........
Foreign Currency [-48,500] [-48,700] [-48,500]
adjustments.....
Historical [-23,400]
unobligated
balances........
SUBTOTAL -71,900 -103,687 -126,000 -126,000
UNDISTRIBUTED...

TOTAL OPERATION 49,692,742 48,491,440 49,631,655 -1,584,997 48,107,745
& MAINTENANCE,
NAVY...........

OPERATION &
MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.. 941,143 527,743 936,443 -423,679 517,464
Deactivation of [-1,761]
2X companies....
Insufficient [-10,300]
justification...

[[Page H6772]]

Program decrease [-4,700]
Transfer to OCO. [-400,000] [-400,000]
Unit [-2,942]
deactivation....
Unjustified [-13,400] [-8,676]
funding for
Dynamic Force
Employment......
020 FIELD LOGISTICS..... 1,277,798 1,277,798 1,277,798 1,277,798
030 DEPOT MAINTENANCE... 206,907 206,907 206,907 -38,493 168,414
USMC-identified [-38,493]
asset for FY21
depot
maintenance
workload........
040 MARITIME 103,614 103,614 103,614 103,614
PREPOSITIONING.....
050 CYBERSPACE 215,974 215,974 215,974 215,974
ACTIVITIES.........
060 SUSTAINMENT, 938,063 955,434 938,063 17,371 955,434
RESTORATION &
MODERNIZATION......
Program increase [17,371] [17,371]
for additional
facility
requirements....
070 BASE OPERATING 2,264,680 2,360,680 2,312,280 101,000 2,365,680
SUPPORT............
Program increase [96,000] [47,600] [101,000]
SUBTOTAL 5,948,179 5,648,150 5,991,079 -343,801 5,604,378
OPERATING FORCES

TRAINING AND
RECRUITING
080 RECRUIT TRAINING.... 20,751 20,751 20,751 20,751
090 OFFICER ACQUISITION. 1,193 1,193 1,193 1,193
100 SPECIALIZED SKILL 110,149 110,149 110,149 110,149
TRAINING...........
110 PROFESSIONAL 69,509 69,509 69,509 69,509
DEVELOPMENT
EDUCATION..........
120 TRAINING SUPPORT.... 412,613 412,613 412,613 412,613
130 RECRUITING AND 215,464 215,464 215,464 215,464
ADVERTISING........
140 OFF-DUTY AND 33,719 33,719 33,719 33,719
VOLUNTARY EDUCATION
150 JUNIOR ROTC......... 25,784 25,784 25,784 25,784
SUBTOTAL 889,182 889,182 889,182 889,182
TRAINING AND
RECRUITING......

ADMIN & SRVWD
ACTIVITIES
160 SERVICEWIDE 32,005 32,005 32,005 32,005
TRANSPORTATION.....
170 ADMINISTRATION...... 399,363 399,363 399,363 399,363
215 CLASSIFIED PROGRAMS. 59,878 59,878 59,878 59,878
SUBTOTAL ADMIN & 491,246 491,246 491,246 491,246
SRVWD ACTIVITIES

UNDISTRIBUTED
230 UNDISTRIBUTED....... -19,700 -20,957 -34,200 -34,200
COVID-related [-7,457] [-20,800]
ops/training
slowdown........
Foreign Currency [-13,400] [-13,500] [-13,400]
adjustments.....
Historical [-6,300]
unobligated
balances........
SUBTOTAL -19,700 -20,957 -34,200 -34,200
UNDISTRIBUTED...

TOTAL OPERATION 7,328,607 7,008,878 7,350,550 -378,001 6,950,606
& MAINTENANCE,
MARINE CORPS...

OPERATION &
MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER 635,070 635,070 635,070 -3,000 632,070
FLIGHT OPERATIONS..
Insufficient [-3,000]
justification...
020 INTERMEDIATE 8,713 8,713 8,713 8,713
MAINTENANCE........
030 AIRCRAFT DEPOT 105,088 105,088 105,088 105,088
MAINTENANCE........
040 AIRCRAFT DEPOT 398 398 398 398
OPERATIONS SUPPORT.
050 AVIATION LOGISTICS.. 27,284 27,284 27,284 27,284
070 COMBAT 17,894 17,894 17,894 17,894
COMMUNICATIONS.....
080 COMBAT SUPPORT 132,862 132,862 132,862 132,862
FORCES.............
090 CYBERSPACE 453 453 453 453
ACTIVITIES.........
100 ENTERPRISE 26,073 26,073 26,073 26,073
INFORMATION........
110 SUSTAINMENT, 48,762 49,665 48,762 903 49,665
RESTORATION AND
MODERNIZATION......
Program increase [903] [903]
for additional
facility
requirements....
120 BASE OPERATING 103,580 103,580 103,580 103,580
SUPPORT............
SUBTOTAL 1,106,177 1,107,080 1,106,177 -2,097 1,104,080
OPERATING FORCES

ADMIN & SRVWD
ACTIVITIES
130 ADMINISTRATION...... 1,927 1,927 1,927 1,927
140 MILITARY MANPOWER 15,895 15,895 15,895 15,895
AND PERSONNEL
MANAGEMENT.........
150 ACQUISITION AND 3,047 3,047 3,047 3,047
PROGRAM MANAGEMENT.
SUBTOTAL ADMIN & 20,869 20,869 20,869 20,869
SRVWD ACTIVITIES

UNDISTRIBUTED
190 UNDISTRIBUTED....... -3,800 -6,438 -12,700 -12,700

[[Page H6773]]

COVID-related [-6,438] [-12,700]
ops/training
slowdown........
Historical [-3,800]
unobligated
balances........
SUBTOTAL -3,800 -6,438 -12,700 -12,700
UNDISTRIBUTED...

TOTAL OPERATION 1,127,046 1,124,149 1,120,608 -14,797 1,112,249
& MAINTENANCE,
NAVY RES.......

OPERATION &
MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.... 104,616 104,616 104,616 104,616
020 DEPOT MAINTENANCE... 17,053 17,053 17,053 17,053
030 SUSTAINMENT, 41,412 42,179 41,412 767 42,179
RESTORATION AND
MODERNIZATION......
Program increase [767] [767]
for additional
facility
requirements....
040 BASE OPERATING 107,773 107,773 107,773 107,773
SUPPORT............
SUBTOTAL 270,854 271,621 270,854 767 271,621
OPERATING FORCES

ADMIN & SRVWD
ACTIVITIES
050 ADMINISTRATION...... 13,802 13,802 13,802 13,802
SUBTOTAL ADMIN & 13,802 13,802 13,802 13,802
SRVWD ACTIVITIES

UNDISTRIBUTED
70 UNDISTRIBUTED....... -700 -1,046 -2,500 -2,500
COVID-related [-1,046] [-2,500]
ops/training
slowdown........
Historical [-700]
unobligated
balances........
SUBTOTAL -700 -1,046 -2,500 -2,500
UNDISTRIBUTED...

TOTAL OPERATION 284,656 284,723 283,610 -1,733 282,923
& MAINTENANCE,
MC RESERVE.....

OPERATION &
MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT 731,511 733,181 733,211 1,670 733,181
FORCES.............
A-10 retention.. [1,670] [1,670]
Premature [1,700]
reduction of A-
10 squadrons....
020 COMBAT ENHANCEMENT 1,275,485 1,275,485 1,275,485 -2,500 1,272,985
FORCES.............
Unjustified [-2,500]
personnel growth
030 AIR OPERATIONS 1,437,095 1,449,525 1,449,495 4,430 1,441,525
TRAINING (OJT,
MAINTAIN SKILLS)...
A-10 retention.. [12,430] [12,430]
Insufficient [-8,000]
justification...
Premature [12,400]
reduction of A-
10 squadrons....
040 DEPOT PURCHASE 154,260 117,375 117,375
EQUIPMENT
MAINTENANCE........
A-10 retention.. [81,460] [65,575]
KC-10 aircraft [48,400]
retention.......
KC-135 aircraft [3,400]
retention.......
KC-135 and KC-10 [72,800]
aircraft
retention.......
050 FACILITIES 3,241,216 3,301,238 3,343,016 101,800 3,343,016
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
FSRM increase... [101,800]
Program increase [101,800]
Program increase [60,022]
for additional
facility
requirements....
060 CYBERSPACE 235,816 235,816 235,816 235,816
SUSTAINMENT........
070 CONTRACTOR LOGISTICS 1,508,342 1,508,342 1,477,897 15,885 1,524,227
SUPPORT AND SYSTEM
SUPPORT............
A-10 aircraft [15,885]
retention.......
Transfer to OCO. [-30,445]
080 FLYING HOUR PROGRAM. 4,458,457 4,511,317 4,564,157 105,660 4,564,117
A-10 aircraft [52,860] [52,860]
retention.......
KC-10 tanker [16,200] [16,200]
divestment
reversal........
KC-135 tanker [36,600] [36,600]
divestment
reversal........
Premature [52,900]
reduction of A-
10 squadrons....
090 BASE SUPPORT........ 7,497,288 7,487,088 7,497,288 -28,604 7,468,684
Insufficient [-22,000]
justification...
Unjustified [-10,200] [-6,604]
funding for
Dynamic Force
Employment......
100 GLOBAL C3I AND EARLY 849,842 849,842 880,642 21,800 871,642
WARNING............
Insufficient [-9,000]
justification...
PDI: Mission [30,800] [30,800]
Partner
Environment
implementation..
110 OTHER COMBAT OPS SPT 1,067,055 820,725 1,067,055 -198,579 868,476
PROGRAMS...........
Program decrease [-3,000]
unaccounted for.
Realignment from [-246,330] [-195,579]
Base to OCO.....
120 CYBERSPACE 698,579 693,579 698,579 698,579
ACTIVITIES.........

[[Page H6774]]

Program decrease [-5,000]
150 SPACE CONTROL 34,194 34,194 34,194 34,194
SYSTEMS............
160 US NORTHCOM/NORAD... 204,268 204,268 204,268 204,268
170 US STRATCOM......... 526,809 526,809 526,809 526,809
180 US CYBERCOM......... 314,524 314,524 356,224 314,524
Additional [25,000]
access and
operations
support.........
Hunt Forward [13,800]
missions........
Secure the DODIN [2,900]
190 US CENTCOM.......... 186,116 186,116 186,116 186,116
200 US SOCOM............ 9,881 9,881 9,881 9,881
210 US TRANSCOM......... 1,046 1,046 1,046 1,046
230 USSPACECOM.......... 249,022 249,022 249,022 249,022
235 CLASSIFIED PROGRAMS. 1,289,339 1,289,339 1,289,339 1,289,339
SUBTOTAL 25,815,885 25,835,597 26,079,540 138,937 25,954,822
OPERATING FORCES

MOBILIZATION
240 AIRLIFT OPERATIONS.. 1,350,031 1,110,031 1,350,031 -200,000 1,150,031
Realignment from [-240,000] [-200,000]
Base to OCO.....
250 MOBILIZATION 647,168 647,168 647,168 647,168
PREPAREDNESS.......
SUBTOTAL 1,997,199 1,757,199 1,997,199 -200,000 1,797,199
MOBILIZATION....

TRAINING AND
RECRUITING
260 OFFICER ACQUISITION. 142,548 142,548 142,548 142,548
270 RECRUIT TRAINING.... 25,720 25,720 25,720 25,720
280 RESERVE OFFICERS 128,295 128,295 128,295 128,295
TRAINING CORPS
(ROTC).............
290 SPECIALIZED SKILL 417,335 417,335 417,335 417,335
TRAINING...........
300 FLIGHT TRAINING..... 615,033 615,033 615,033 615,033
310 PROFESSIONAL 298,795 298,795 298,795 298,795
DEVELOPMENT
EDUCATION..........
320 TRAINING SUPPORT.... 85,844 85,844 85,844 85,844
330 RECRUITING AND 155,065 155,065 135,065 155,065
ADVERTISING........
Ahead of need... [-20,000]
340 EXAMINING........... 4,474 4,474 4,474 4,474
350 OFF-DUTY AND 219,349 219,349 219,349 219,349
VOLUNTARY EDUCATION
360 CIVILIAN EDUCATION 361,570 371,570 361,570 -3,000 358,570
AND TRAINING.......
Insufficient [-3,000]
justification...
Sustainment [10,000]
Workforce
Development
Program increase
370 JUNIOR ROTC......... 72,126 72,126 72,126 72,126
SUBTOTAL 2,526,154 2,536,154 2,506,154 -3,000 2,523,154
TRAINING AND
RECRUITING......

ADMIN & SRVWD
ACTIVITIES
380 LOGISTICS OPERATIONS 672,426 672,426 672,426 672,426
390 TECHNICAL SUPPORT 145,130 103,070 145,130 145,130
ACTIVITIES.........
Transfer to [-42,060]
DAWDF--reversal
of DWR transfers
400 ADMINISTRATION...... 851,251 829,251 851,251 -22,000 829,251
Program decrease [-22,000] [-22,000]
410 SERVICEWIDE 28,554 23,554 28,554 28,554
COMMUNICATIONS.....
Program decrease [-5,000]
420 OTHER SERVICEWIDE 1,188,414 1,183,814 1,188,414 -4,600 1,183,814
ACTIVITIES.........
Program decrease [-4,600] [-4,600]
430 CIVIL AIR PATROL.... 28,772 43,215 28,772 14,433 43,205
Program increase [14,443] [14,433]
450 INTERNATIONAL 158,803 158,803 158,803 158,803
SUPPORT............
455 CLASSIFIED PROGRAMS. 1,338,009 1,338,009 1,338,009 1,338,009
SUBTOTAL ADMIN & 4,411,359 4,352,142 4,411,359 -12,167 4,399,192
SRVWD ACTIVITIES

UNDISTRIBUTED
550 UNDISTRIBUTED....... -72,700 -205,756 -225,800 -225,800
COVID-related [-89,856] [-110,600]
ops/training
slowdown........
COVID-related [-75,800] [-75,800]
throughput
carryover
adjustment......
Foreign Currency [-39,400] [-40,100] [-39,400]
adjustments.....
Historical [-33,300]
unobligated
balances........
SUBTOTAL -72,700 -205,756 -225,800 -225,800
UNDISTRIBUTED...

TOTAL OPERATION 34,750,597 34,408,392 34,788,496 -302,030 34,448,567
& MAINTENANCE,
AIR FORCE......

OPERATION &
MAINTENANCE, SPACE
FORCE

[[Page H6775]]

OPERATING FORCES
020 GLOBAL C3I & EARLY 276,109 276,109 276,109 276,109
WARNING............
030 SPACE LAUNCH 177,056 177,056 177,056 177,056
OPERATIONS.........
040 SPACE OPERATIONS.... 475,338 475,338 475,338 475,338
050 EDUCATION & TRAINING 18,660 18,660 18,660 18,660
060 SPECIAL PROGRAMS.... 137,315 137,315 137,315 137,315
070 DEPOT MAINTENANCE... 250,324 250,324 250,324 250,324
080 CONTRACTOR LOGISTICS 1,063,969 1,055,969 1,063,969 1,063,969
& SYSTEM SUPPORT...
Program decrease [-8,000]
SUBTOTAL 2,398,771 2,390,771 2,398,771 2,398,771
OPERATING FORCES

ADMINISTRATION AND
SERVICE WIDE
ACTIVITIES
090 ADMINISTRATION...... 132,523 132,523 132,523 -9,000 123,523
Unjustified [-9,000]
growth..........
SUBTOTAL 132,523 132,523 132,523 -9,000 123,523
ADMINISTRATION
AND SERVICE WIDE
ACTIVITIES......

UNDISTRIBUTED
110 UNDISTRIBUTED....... -2,400 -8,000 -8,000
COVID-related [-8,000]
ops/training
slowdown........
Historical [-2,400]
unobligated
balances........
SUBTOTAL -2,400 -8,000 -8,000
UNDISTRIBUTED...

TOTAL OPERATION 2,531,294 2,520,894 2,531,294 -17,000 2,514,294
& MAINTENANCE,
SPACE FORCE....

OPERATION &
MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT 1,782,016 1,782,016 1,782,016 -15,000 1,767,016
FORCES.............
Insufficient [-15,000]
justification...
020 MISSION SUPPORT 215,209 215,209 215,209 -1,000 214,209
OPERATIONS.........
Insufficient [-1,000]
justification...
030 DEPOT PURCHASE 453,896 476,096 509,096 453,896
EQUIPMENT
MAINTENANCE........
KC-10 tanker [48,400]
divestment
reversal........
KC-135 and KC-10 [22,200]
aircraft
retention.......
KC-135 tanker [3,400]
divestment
reversal........
Premature [3,400]
reduction of A-
10 squadrons....
040 FACILITIES 103,414 105,329 107,614 4,200 107,614
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
FSRM increase... [4,200]
Program increase [1,915] [4,200]
for additional
facility
requirements....
050 CONTRACTOR LOGISTICS 224,977 224,977 224,977 224,977
SUPPORT AND SYSTEM
SUPPORT............
060 BASE SUPPORT........ 452,468 452,468 452,468 452,468
070 CYBERSPACE 2,259 2,259 2,259 2,259
ACTIVITIES.........
SUBTOTAL 3,234,239 3,258,354 3,293,639 -11,800 3,222,439
OPERATING FORCES

ADMINISTRATION AND
SERVICEWIDE
ACTIVITIES
080 ADMINISTRATION...... 74,258 74,258 74,258 74,258
090 RECRUITING AND 23,121 23,121 18,121 23,121
ADVERTISING........
Ahead of need... [-5,000]
100 MILITARY MANPOWER 12,006 12,006 12,006 12,006
AND PERS MGMT
(ARPC).............
110 OTHER PERS SUPPORT 6,165 6,165 6,165 6,165
(DISABILITY COMP)..
120 AUDIOVISUAL......... 495 495 495 495
SUBTOTAL 116,045 116,045 111,045 116,045
ADMINISTRATION
AND SERVICEWIDE
ACTIVITIES......

UNDISTRIBUTED
130 UNDISTRIBUTED....... -9,100 -10,863 -30,300 -30,300
COVID-related [-10,863] [-30,300]
ops/training
slowdown........
Historical [-9,100]
unobligated
balances........
SUBTOTAL -9,100 -10,863 -30,300 -30,300
UNDISTRIBUTED...

TOTAL OPERATION 3,350,284 3,365,299 3,393,821 -42,100 3,308,184
& MAINTENANCE,
AF RESERVE.....

OPERATION &
MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS. 2,476,205 2,476,205 2,476,205 2,476,205
020 MISSION SUPPORT 611,325 611,325 611,325 611,325
OPERATIONS.........
030 DEPOT PURCHASE 1,138,919 1,153,919 1,138,919 1,138,919
EQUIPMENT
MAINTENANCE........
KC-135 aircraft [15,000]
retention.......

[[Page H6776]]

040 FACILITIES 323,605 359,598 332,505 38,900 362,505
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
FSRM increase... [8,900]
Installation [30,000] [30,000]
recovery........
Program increase [5,993] [8,900]
for additional
facility
requirements....
050 CONTRACTOR LOGISTICS 1,100,828 1,100,828 1,100,828 1,100,828
SUPPORT AND SYSTEM
SUPPORT............
060 BASE SUPPORT........ 962,438 962,438 962,438 962,438
070 CYBERSPACE 27,028 27,028 27,028 27,028
SUSTAINMENT........
080 CYBERSPACE 16,380 16,380 19,380 16,380
ACTIVITIES.........
Pilot program [3,000]
for National
Guard
cybersecurity...
SUBTOTAL 6,656,728 6,707,721 6,668,628 38,900 6,695,628
OPERATING FORCES

ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
090 ADMINISTRATION...... 48,218 48,218 48,218 48,218
100 RECRUITING AND 48,696 48,696 33,696 -3,000 45,696
ADVERTISING........
Ahead of need... [-15,000]
Insufficient [-3,000]
justification...
SUBTOTAL 96,914 96,914 81,914 -3,000 93,914
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......

UNDISTRIBUTED
110 UNDISTRIBUTED....... -13,300 -15,852 -44,300 -44,300
COVID-related [-15,852] [-44,300]
ops/training
slowdown........
Historical [-13,300]
unobligated
balances........
SUBTOTAL -13,300 -15,852 -44,300 -44,300
UNDISTRIBUTED...

TOTAL OPERATION 6,753,642 6,791,335 6,734,690 -8,400 6,745,242
& MAINTENANCE,
ANG............

OPERATION AND
MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF 439,111 439,111 439,111 -15,000 424,111
STAFF..............
Insufficient [-15,000]
justification...
020 JOINT CHIEFS OF 535,728 535,728 535,728 535,728
STAFF--CE2T2.......
030 JOINT CHIEFS OF 24,728 24,728 24,728 24,728
STAFF--CYBER.......
040 SPECIAL OPERATIONS 1,069,971 1,069,971 1,072,971 2,960 1,072,931
COMMAND COMBAT
DEVELOPMENT
ACTIVITIES.........
SOCOM Syria [3,000] [2,960]
exfiltration
reconsitution...
050 SPECIAL OPERATIONS 9,800 9,800 9,800 9,800
COMMAND CYBERSPACE
ACTIVITIES.........
060 SPECIAL OPERATIONS 561,907 556,907 561,907 -6,000 555,907
COMMAND
INTELLIGENCE.......
DOMEX [-6,000]
insufficient
budget
justification...
Unjustified [-5,000]
growth..........
070 SPECIAL OPERATIONS 685,097 702,097 707,097 20,717 705,814
COMMAND MAINTENANCE
Airborne ISR [22,000]
restoration.....
Program decrease [-5,000]
Program increase [22,000] [22,000]
Unjustified DCS [-1,283]
growth..........
080 SPECIAL OPERATIONS 158,971 158,971 158,971 158,971
COMMAND MANAGEMENT/
OPERATIONAL
HEADQUARTERS.......
090 SPECIAL OPERATIONS 1,062,748 1,062,748 1,062,748 1,062,748
COMMAND OPERATIONAL
SUPPORT............
100 SPECIAL OPERATIONS 2,598,385 2,598,385 2,599,685 -14,433 2,583,952
COMMAND THEATER
FORCES.............
Airborne ISR [1,300]
restoration.....
Flying hours [-12,400]
program excess
to need.........
Overestimation [-2,033]
of civilian
personnel costs.
SUBTOTAL 7,146,446 7,158,446 7,172,746 -11,756 7,134,690
OPERATING FORCES

TRAINING AND
RECRUITING
120 DEFENSE ACQUISITION 162,963 162,963 162,963 162,963
UNIVERSITY.........
130 JOINT CHIEFS OF 95,684 95,684 95,684 95,684
STAFF..............
140 PROFESSIONAL 33,301 33,301 33,301 33,301
DEVELOPMENT
EDUCATION..........
SUBTOTAL 291,948 291,948 291,948 291,948
TRAINING AND
RECRUITING......

ADMIN & SRVWIDE
ACTIVITIES
160 CIVIL MILITARY 147,993 167,993 179,893 31,885 179,878
PROGRAMS...........
Innovative [16,900] [16,885]
Readiness
Training........
Program [20,000] [15,000]
increase--STARBA
SE..............
STARBASE........ [15,000]
180 DEFENSE CONTRACT 604,835 636,565 604,835 19,000 623,835
AUDIT AGENCY.......
Program [19,000]
increase--DWR
reductions
funding
restoration.....
Restoration of [31,730]
DWR reductions..
190 DEFENSE CONTRACT 3,282 3,282 3,282 3,282
AUDIT AGENCY--CYBER

[[Page H6777]]

210 DEFENSE CONTRACT 1,370,681 1,445,781 1,427,081 42,000 1,412,681
MANAGEMENT AGENCY..
Restoration of [75,100] [56,400] [42,000]
DWR reductions..
220 DEFENSE CONTRACT 22,532 22,532 22,532 22,532
MANAGEMENT AGENCY--
CYBER..............
230 DEFENSE 949,008 949,008 952,008 949,008
COUNTERINTELLIGENCE
AND SECURITY AGENCY
DWR restore: [3,000]
Congressional
oversight.......
250 DEFENSE 9,577 9,577 9,577 9,577
COUNTERINTELLIGENCE
AND SECURITY
AGENCY--CYBER......
260 DEFENSE HUMAN 799,952 813,356 799,952 404 800,356
RESOURCES ACTIVITY.
Defense Flagship [13,404] [13,404]
Language and
Project Global
Officer program
increase........
Insufficient [-13,000]
justification...
270 DEFENSE HUMAN 20,806 20,806 20,806 20,806
RESOURCES ACTIVITY--
CYBER..............
280 DEFENSE INFORMATION 1,883,190 1,870,590 1,923,190 -30,000 1,853,190
SYSTEMS AGENCY.....
JAIC [-30,000]
insufficient
justification...
JRSS program [-11,600]
decrease........
Program decrease [-1,000]
Secure the DODIN [40,000]
290 DEFENSE INFORMATION 582,639 582,639 577,939 -4,700 577,939
SYSTEMS AGENCY--
CYBER..............
JRSS SIPR [-4,700] [-4,700]
funding.........
330 DEFENSE LEGAL 37,637 37,637 37,637 37,637
SERVICES AGENCY....
340 DEFENSE LOGISTICS 382,084 412,084 385,684 33,500 415,584
AGENCY.............
DWR restore: [3,600]
blankets for
homeless........
Maternity [10,000] [10,000]
Uniform Pilot
Program.........
Program [3,500]
increase--homele
ss blankets
program.........
Program [20,000] [20,000]
increase--PTAP..
350 DEFENSE MEDIA 196,997 205,997 196,997 9,000 205,997
ACTIVITY...........
Stars and [9,000] [9,000]
Stripes.........
360 DEFENSE PERSONNEL 129,225 124,225 129,225 129,225
ACCOUNTING AGENCY..
Program decrease [-5,000]
370 DEFENSE SECURITY 598,559 598,559 598,559 -10,000 588,559
COOPERATION AGENCY.
Defense [2,000]
Institute for
International
Legal Studies...
Institute for [-2,000]
Security
Governance......
PDI: Maritime [163,000]
Security
Initiative
INDOPACOM UFR...
PDI: Transfer [-163,000]
from Sec. 333 to
Maritime
Security
Initiative......
Unjustified [-10,000]
growth for
Institute for
Security
Governance......
400 DEFENSE TECHNOLOGY 38,432 38,432 38,432 38,432
SECURITY
ADMINISTRATION.....
410 DEFENSE THREAT 591,780 591,780 591,780 591,780
REDUCTION AGENCY...
430 DEFENSE THREAT 24,635 24,635 24,635 24,635
REDUCTION AGENCY--
CYBER..............
440 DEPARTMENT OF 2,941,429 2,991,429 3,012,929 70,000 3,011,429
DEFENSE EDUCATION
ACTIVITY...........
DWR restore: [1,500]
maintain student-
teacher ratios
in DODEA schools
Impact Aid...... [40,000] [50,000]
Impact Aid for [10,000] [20,000]
children with
disabilities....
Impact Aid for [20,000]
children with
severe
disabilities....
Impact Aid for [50,000]
schools with
military
dependent
students........
450 MISSILE DEFENSE 505,858 505,858 505,858 505,858
AGENCY.............
480 OFFICE OF ECONOMIC 40,272 129,272 90,272 94,000 134,272
ADJUSTMENT.........
Defense [50,000] [50,000]
Community
Infrastructure
Program.........
Defense [50,000]
Community
Infrastruture
Program infusion
Guam Public [19,000] [19,000]
Health
Laboratory......
Military [5,000]
Aircraft Noise
Mitigation......
Restoration of [20,000] [20,000]
DWR reduction...
490 OFFICE OF THE 1,540,446 1,619,446 1,622,946 48,250 1,588,696
SECRETARY OF
DEFENSE............
Additional FTEs, [2,000] [2,000]
Office of the
Deputy Assistant
Secretary for
Environment.....
Additional FTEs, [2,000]
Office of the
Deputy Assistant
Secretary for
Facilities
Management......
Basic needs [50,000]
allowance.......
Bien Hoa dioxin [15,000] [15,000]
cleanup.........
Black Start [2,000]
ERREs...........
CDC PFAS health [10,000] [15,000]
assessment......
Commission on [2,000]
Confederate
symbols and
displays........
Commission on [2,000]
the Confederacy.
Cooperative [2,000] [2,000]
program for
Vietnam
personnel MIA...
DOD [2,000] [1,000]
Congressional
reports process
modernization...
DWR restore: [-3,000]
Congressional
background
investigations..
Energy [10,000]
performance
contracts.......
ESOH personnel [2,000]
in ASD(S).......
FY20 NDAA Sec. [4,000] [2,750]
575 interstate
spousal
licensing.......
JASON scientific [3,000] [3,000]
advisory group..

[[Page H6778]]

National Cyber [2,000]
Director
independent
study...........
National [2,500] [2,500] [2,500]
Security
Commission on
Artificial
Intelligence
(NSCAI).........
Pilot program [5,000] [2,500]
for cyber
cooperation.....
Program decrease [-15,500]
Program [25,000] [25,000]
increase--Readin
ess and
Environmental
Protection
Initiative......
REPI............ [25,000]
Undersecretary [10,000]
of Defense for
Intelligence and
Security,
medical
intelligence
improvements....
Unjustified [-22,500]
growth..........
500 OFFICE OF THE 51,630 51,630 51,630 51,630
SECRETARY OF
DEFENSE--CYBER.....
510 SPACE DEVELOPMENT 48,166 36,166 48,166 -12,000 36,166
AGENCY.............
Reduction for [-7,000] [-7,000]
studies.........
Unjustified [-5,000] [-5,000]
growth..........
530 WASHINGTON 340,291 340,291 343,291 -7,000 333,291
HEADQUARTERS
SERVICES...........
DWR restore: [3,000]
support to
commissions.....
Insufficient [-7,000]
justification...
535 CLASSIFIED PROGRAMS. 17,348,749 17,348,749 17,348,749 17,348,749
SUBTOTAL ADMIN & 31,210,685 31,578,319 31,547,885 284,339 31,495,024
SRVWIDE
ACTIVITIES......

UNDISTRIBUTED
600 UNDISTRIBUTED....... -88,000 -158,039 -248,500 -248,500
COVID-related [-129,339] [-229,800]
ops/training
slowdown........
Foreign Currency [-18,700] [-28,700] [-18,700]
adjustments.....
Historical [-69,300]
unobligated
balances........
SUBTOTAL -88,000 -158,039 -248,500 -248,500
UNDISTRIBUTED...

TOTAL OPERATION 38,649,079 38,940,713 38,854,540 24,083 38,673,162
AND
MAINTENANCE,
DEFENSE-WIDE...

US COURT OF APPEALS
FOR ARMED FORCES,
DEF
ADMINISTRATION AND
ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS 15,211 15,211 15,211 15,211
FOR THE ARMED
FORCES, DEFENSE....
SUBTOTAL 15,211 15,211 15,211 15,211
ADMINISTRATION
AND ASSOCIATED
ACTIVITIES......

TOTAL US COURT 15,211 15,211 15,211 15,211
OF APPEALS FOR
ARMED FORCES,
DEF............

DOD ACQUISITION
WORKFORCE
DEVELOPMENT FUND
ACQUISITION
WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD 58,181 198,501 156,680 50,000 108,181
DWR restore OSD- [98,499] [50,000]
level
acquisition
workforce
activities......
Transfer from [140,320]
services--revers
al of DWR
transfers.......
SUBTOTAL 58,181 198,501 156,680 50,000 108,181
ACQUISITION
WORKFORCE
DEVELOPMENT.....

TOTAL DOD 58,181 198,501 156,680 50,000 108,181
ACQUISITION
WORKFORCE
DEVELOPMENT
FUND...........

OVERSEAS
HUMANITARIAN,
DISASTER, AND CIVIC
AID
HUMANITARIAN
ASSISTANCE
010 OVERSEAS 109,900 109,900 109,900 109,900
HUMANITARIAN,
DISASTER AND CIVIC
AID................
SUBTOTAL 109,900 109,900 109,900 109,900
HUMANITARIAN
ASSISTANCE......

TOTAL OVERSEAS 109,900 109,900 109,900 109,900
HUMANITARIAN,
DISASTER, AND
CIVIC AID......

COOPERATIVE THREAT
REDUCTION ACCOUNT
COOPERATIVE THREAT
REDUCTION
010 COOPERATIVE THREAT 238,490 374,690 288,490 121,700 360,190
REDUCTION..........
DWR restore: [50,000]
Biological
Threat Reduction
Program.........
Program [1,000]
increase--CTR
assessment......
Restoration of [135,200] [121,700]
funding.........
SUBTOTAL 238,490 374,690 288,490 121,700 360,190
COOPERATIVE
THREAT REDUCTION

TOTAL 238,490 374,690 288,490 121,700 360,190
COOPERATIVE
THREAT
REDUCTION
ACCOUNT........

ENVIRONMENTAL
RESTORATION
DEPARTMENT OF THE
ARMY
050 ENVIRONMENTAL 207,518 207,518 207,518 207,518
RESTORATION, ARMY..
SUBTOTAL 207,518 207,518 207,518 207,518
DEPARTMENT OF
THE ARMY........

[[Page H6779]]

DEPARTMENT OF THE
NAVY
060 ENVIRONMENTAL 335,932 335,932 335,932 335,932
RESTORATION, NAVY..
SUBTOTAL 335,932 335,932 335,932 335,932
DEPARTMENT OF
THE NAVY........

DEPARTMENT OF THE
AIR FORCE
070 ENVIRONMENTAL 303,926 303,926 303,926 303,926
RESTORATION, AIR
FORCE..............
SUBTOTAL 303,926 303,926 303,926 303,926
DEPARTMENT OF
THE AIR FORCE...

DEFENSE-WIDE
080 ENVIRONMENTAL 9,105 9,105 9,105 9,105
RESTORATION,
DEFENSE............
SUBTOTAL DEFENSE- 9,105 9,105 9,105 9,105
WIDE............

DEFENSE-WIDE
090 ENVIRONMENTAL 216,587 266,587 216,587 216,587
RESTORATION
FORMERLY USED SITES
Military [50,000]
Munitions
Response Program
SUBTOTAL DEFENSE- 216,587 266,587 216,587 216,587
WIDE............

TOTAL 1,073,068 1,123,068 1,073,068 1,073,068
ENVIRONMENTAL
RESTORATION....

TOTAL OPERATION 196,630,496 193,800,571 195,616,280 -4,194,002 192,436,494
& MAINTENANCE..
UNDISTRIBUTED
010 UNDISTRIBUTED....... -1,468,370 -1,479,900 -1,711,780 -1,711,780
Excessive [-1,455,870] [-1,479,900] [-1,711,780]
standard price
for fuel........
Program decrease [-12,500]
SUBTOTAL -1,468,370 -1,479,900 -1,711,780 -1,711,780
UNDISTRIBUTED...

TOTAL -1,468,370 -1,479,900 -1,711,780 -1,711,780
UNDISTRIBUTED..
----------------------------------------------------------------------------------------------------------------

[[Page H6780]]

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS.

----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 House Senate Conference Conference
Line Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION &
MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS........ 4,114,001 3,789,001 4,114,001 -251,373 3,862,628
Drawdown from [-75,000] [-89,500]
Operation
Freedom's Sentinel
Unjustified [-250,000] [-161,873]
funding for
Dynamic Force
Employment........
030 ECHELONS ABOVE BRIGADE 32,811 32,811 32,811 32,811
040 THEATER LEVEL ASSETS.. 2,542,760 2,102,760 2,545,410 -490,000 2,052,760
Drawdown from [-440,000] [-480,000]
Operation
Freedom's Sentinel
EDI: Support to [2,650]
deterrent
activities........
Unjustified growth [-10,000]
050 LAND FORCES OPERATIONS 162,557 122,557 162,557 -50,000 112,557
SUPPORT..............
Drawdown from [-40,000] [-50,000]
Operation
Freedom's Sentinel
060 AVIATION ASSETS....... 204,396 179,572 204,396 -24,824 179,572
Drawdown from [-24,824] [-24,824]
Operation
Freedom's Sentinel
070 FORCE READINESS 5,716,734 4,716,734 5,721,224 -1,580,000 4,136,734
OPERATIONS SUPPORT...
Drawdown from [-1,000,000] [-1,500,000]
Operation
Freedom's Sentinel
EDI: Support to [1,490]
deterrent
activities PE
0202218A..........
EDI: Support to [3,000]
deterrent
activities PE
1001010A..........
Unjustified growth [-80,000]
080 LAND FORCES SYSTEMS 180,048 140,048 180,048 -100,000 80,048
READINESS............
Drawdown from [-40,000] [-100,000]
Operation
Freedom's Sentinel
090 LAND FORCES DEPOT 81,125 81,125 81,125 81,125
MAINTENANCE..........
100 BASE OPERATIONS 219,029 219,029 219,029 -32,000 187,029
SUPPORT..............
Drawdown from [-32,000]
Operation
Freedom's Sentinel
110 FACILITIES 301,017 301,017 301,017 -41,000 260,017
SUSTAINMENT,
RESTORATION &
MODERNIZATION........
Drawdown from [-41,000]
Operation
Freedom's Sentinel
130 ADDITIONAL ACTIVITIES. 966,649 782,649 966,649 -184,000 782,649
Drawdown from [-184,000] [-184,000]
Operation
Freedom's Sentinel
140 COMMANDER'S EMERGENCY 2,500 2,500 2,000 -500 2,000
RESPONSE PROGRAM.....
Excess to need.... [-500]
Hero payments [-500]
funded by ASFF....
150 RESET................. 403,796 803,796 403,796 600,000 1,003,796
Retrograde from [400,000] [600,000]
Operation
Freedom's Sentinel
160 US AFRICA COMMAND..... 100,422 100,422 100,422 100,422
170 US EUROPEAN COMMAND... 120,043 120,043 144,143 120,043
EDI: Continuity of [2,100]
operations support
EDI: Modernizing [22,000]
Mission Partner
Environment (MPE).
200 CYBERSPACE ACTIVITIES-- 98,461 98,461 98,461 98,461
CYBERSPACE OPERATIONS
210 CYBERSPACE ACTIVITIES-- 21,256 21,256 21,256 21,256
CYBERSECURITY........
SUBTOTAL OPERATING 15,267,605 13,613,781 15,298,345 -2,153,697 13,113,908
FORCES............

MOBILIZATION
230 ARMY PREPOSITIONED 103,052 103,052 103,052 103,052
STOCKS...............
SUBTOTAL 103,052 103,052 103,052 103,052
MOBILIZATION......

TRAINING AND
RECRUITING
290 SPECIALIZED SKILL 89,943 89,943 89,943 89,943
TRAINING.............
320 TRAINING SUPPORT...... 2,550 2,550 2,550 2,550
SUBTOTAL TRAINING 92,493 92,493 92,493 92,493
AND RECRUITING....

ADMIN & SRVWIDE
ACTIVITIES
390 SERVICEWIDE 521,090 821,090 521,090 400,000 921,090
TRANSPORTATION.......
Retrograde from [300,000] [400,000]
Operation
Freedom's Sentinel
400 CENTRAL SUPPLY 43,897 43,897 43,897 43,897
ACTIVITIES...........
410 LOGISTIC SUPPORT 68,423 68,423 68,423 68,423
ACTIVITIES...........
420 AMMUNITION MANAGEMENT. 29,162 29,162 29,162 29,162
440 SERVICEWIDE 11,447 11,447 11,447 11,447
COMMUNICATIONS.......
470 OTHER SERVICE SUPPORT. 5,839 5,839 5,839 5,839
490 REAL ESTATE MANAGEMENT 48,782 48,782 48,782 48,782
510 INTERNATIONAL MILITARY 50,000 50,000 50,000 50,000
HEADQUARTERS.........
565 CLASSIFIED PROGRAMS... 895,964 895,964 895,964 895,964
SUBTOTAL ADMIN & 1,674,604 1,974,604 1,674,604 400,000 2,074,604
SRVWIDE ACTIVITIES

[[Page H6781]]

TOTAL OPERATION & 17,137,754 15,783,930 17,168,494 -1,753,697 15,384,057
MAINTENANCE, ARMY

OPERATION &
MAINTENANCE, ARMY RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE 17,193 17,193 17,193 17,193
060 FORCE READINESS 440 440 440 440
OPERATIONS SUPPORT...
090 BASE OPERATIONS 15,766 15,766 15,766 15,766
SUPPORT..............
SUBTOTAL OPERATING 33,399 33,399 33,399 33,399
FORCES............

TOTAL OPERATION & 33,399 33,399 33,399 33,399
MAINTENANCE, ARMY
RES..............

OPERATION &
MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS........ 25,746 25,746 25,746 25,746
020 MODULAR SUPPORT 40 40 40 40
BRIGADES.............
030 ECHELONS ABOVE BRIGADE 983 983 983 983
040 THEATER LEVEL ASSETS.. 22 22 22 22
060 AVIATION ASSETS....... 20,624 20,624 20,624 20,624
070 FORCE READINESS 7,914 7,914 7,914 7,914
OPERATIONS SUPPORT...
100 BASE OPERATIONS 24,417 24,417 24,417 24,417
SUPPORT..............
SUBTOTAL OPERATING 79,746 79,746 79,746 79,746
FORCES............

ADMIN & SRVWD
ACTIVITIES
170 SERVICEWIDE 46 46 46 46
COMMUNICATIONS.......
SUBTOTAL ADMIN & 46 46 46 46
SRVWD ACTIVITIES..

TOTAL OPERATION & 79,792 79,792 79,792 79,792
MAINTENANCE, ARNG

AFGHANISTAN SECURITY
FORCES FUND
AFGHAN NATIONAL ARMY
010 SUSTAINMENT........... 1,065,932 1,065,932 1,065,932 1,065,932
020 INFRASTRUCTURE........ 64,501 64,501 64,501 64,501
030 EQUIPMENT AND 47,854 47,854 47,854 47,854
TRANSPORTATION.......
040 TRAINING AND 56,780 56,780 56,780 56,780
OPERATIONS...........
SUBTOTAL AFGHAN 1,235,067 1,235,067 1,235,067 1,235,067
NATIONAL ARMY.....

AFGHAN NATIONAL POLICE
050 SUSTAINMENT........... 434,500 434,500 434,500 434,500
060 INFRASTRUCTURE........ 448 448 448 448
070 EQUIPMENT AND 108,231 108,231 108,231 108,231
TRANSPORTATION.......
080 TRAINING AND 58,993 58,993 58,993 58,993
OPERATIONS...........
SUBTOTAL AFGHAN 602,172 602,172 602,172 602,172
NATIONAL POLICE...

AFGHAN AIR FORCE
090 SUSTAINMENT........... 534,102 534,102 534,102 534,102
100 INFRASTRUCTURE........ 9,532 9,532 9,532 9,532
110 EQUIPMENT AND 58,487 58,487 58,487 58,487
TRANSPORTATION.......
120 TRAINING AND 233,803 233,803 233,803 233,803
OPERATIONS...........
SUBTOTAL AFGHAN 835,924 835,924 835,924 835,924
AIR FORCE.........

AFGHAN SPECIAL
SECURITY FORCES
UNDISTRIBUTED
130 SUSTAINMENT........... 680,024 680,024 680,024 680,024
140 INFRASTRUCTURE........ 2,532 2,532 2,532 2,532
150 EQUIPMENT AND 486,808 486,808 486,808 486,808
TRANSPORTATION.......
160 TRAINING AND 173,085 173,085 173,085 173,085
OPERATIONS...........
SUBTOTAL AFGHAN 1,342,449 1,342,449 1,342,449 1,342,449
SPECIAL SECURITY
FORCES............
170 UNDISTRIBUTED......... -500,000
Insufficient [-500,000]
justification.....
SUBTOTAL -500,000
UNDISTRIBUTED.....

TOTAL AFGHANISTAN 4,015,612 3,515,612 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.................. 645,000 500,000 322,500 -322,500 322,500

[[Page H6782]]

Program decrease.. [-145,000]
Transfer for 10 [-322,500] [-322,500]
USC 333 Iraq
security
cooperation
activities........
020 SYRIA................. 200,000 200,000 200,000 200,000
SUBTOTAL COUNTER 845,000 700,000 522,500 -322,500 522,500
ISIS TRAIN AND
EQUIP FUND (CTEF).

TOTAL COUNTER 845,000 700,000 522,500 -322,500 522,500
ISIS TRAIN AND
EQUIP FUND (CTEF)

OPERATION &
MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER 382,062 760,856 382,062 300,000 682,062
FLIGHT OPERATIONS....
Transfer from base [378,794] [300,000]
030 AVIATION TECHNICAL 832 832 832 832
DATA & ENGINEERING
SERVICES.............
040 AIR OPERATIONS AND 17,840 17,840 17,840 17,840
SAFETY SUPPORT.......
050 AIR SYSTEMS SUPPORT... 210,692 210,692 210,692 210,692
060 AIRCRAFT DEPOT 170,580 170,580 170,580 170,580
MAINTENANCE..........
070 AIRCRAFT DEPOT 5,854 5,854 5,854 5,854
OPERATIONS SUPPORT...
080 AVIATION LOGISTICS.... 33,707 33,707 33,707 33,707
090 MISSION AND OTHER SHIP 5,817,696 5,817,696 5,817,696 -100,000 5,717,696
OPERATIONS...........
Insufficient [-100,000]
justification.....
100 SHIP OPERATIONS 20,741 20,741 20,741 20,741
SUPPORT & TRAINING...
110 SHIP DEPOT MAINTENANCE 2,072,470 2,072,470 2,072,470 2,072,470
130 COMBAT COMMUNICATIONS 59,254 59,254 59,254 59,254
AND ELECTRONIC
WARFARE..............
140 SPACE SYSTEMS AND 18,000 18,000 18,000 18,000
SURVEILLANCE.........
150 WARFARE TACTICS....... 17,324 17,324 17,324 17,324
160 OPERATIONAL 22,581 22,581 22,581 22,581
METEOROLOGY AND
OCEANOGRAPHY.........
170 COMBAT SUPPORT FORCES. 772,441 1,322,441 772,441 540,000 1,312,441
Insufficient [-10,000]
justification.....
Transfer from base [550,000] [550,000]
180 EQUIPMENT MAINTENANCE 5,788 5,788 5,788 5,788
AND DEPOT OPERATIONS
SUPPORT..............
200 COMBATANT COMMANDERS 24,800 24,800 24,800 24,800
DIRECT MISSION
SUPPORT..............
220 CYBERSPACE ACTIVITIES. 369 369 369 369
240 WEAPONS MAINTENANCE... 567,247 567,247 567,247 567,247
250 OTHER WEAPON SYSTEMS 12,571 12,571 12,571 12,571
SUPPORT..............
270 SUSTAINMENT, 70,041 70,041 70,041 70,041
RESTORATION AND
MODERNIZATION........
280 BASE OPERATING SUPPORT 218,792 218,792 218,792 218,792
SUBTOTAL OPERATING 10,521,682 11,450,476 10,521,682 740,000 11,261,682
FORCES............

MOBILIZATION
320 EXPEDITIONARY HEALTH 22,589 22,589 22,589 22,589
SERVICES SYSTEMS.....
SUBTOTAL 22,589 22,589 22,589 22,589
MOBILIZATION......

TRAINING AND
RECRUITING
370 SPECIALIZED SKILL 53,204 53,204 53,204 53,204
TRAINING.............
SUBTOTAL TRAINING 53,204 53,204 53,204 53,204
AND RECRUITING....

ADMIN & SRVWD
ACTIVITIES
440 ADMINISTRATION........ 9,983 9,983 9,983 9,983
460 MILITARY MANPOWER AND 7,805 7,805 7,805 7,805
PERSONNEL MANAGEMENT.
480 SERVICEWIDE 72,097 72,097 72,097 72,097
TRANSPORTATION.......
510 ACQUISITION, 11,354 11,354 11,354 11,354
LOGISTICS, AND
OVERSIGHT............
520 INVESTIGATIVE AND 1,591 1,591 1,591 1,591
SECURITY SERVICES....
SUBTOTAL ADMIN & 102,830 102,830 102,830 102,830
SRVWD ACTIVITIES..

TOTAL OPERATION & 10,700,305 11,629,099 10,700,305 740,000 11,440,305
MAINTENANCE, NAVY

OPERATION &
MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.... 727,989 1,127,989 745,489 400,000 1,127,989
EDI: Globally [10,000]
Integrated
Exercise 20-4/
Austere Challenge
21.3..............
EDI: Marine [7,500]
European training
program...........
Transfer from base [400,000] [400,000]
020 FIELD LOGISTICS....... 195,001 195,001 195,001 195,001
030 DEPOT MAINTENANCE..... 55,183 55,183 55,183 55,183
050 CYBERSPACE ACTIVITIES. 10,000 10,000 10,000 10,000
070 BASE OPERATING SUPPORT 24,569 24,569 24,569 24,569
SUBTOTAL OPERATING 1,012,742 1,412,742 1,030,242 400,000 1,412,742
FORCES............

[[Page H6783]]

TRAINING AND
RECRUITING
120 TRAINING SUPPORT...... 28,458 28,458 28,458 28,458
SUBTOTAL TRAINING 28,458 28,458 28,458 28,458
AND RECRUITING....

ADMIN & SRVWD
ACTIVITIES
160 SERVICEWIDE 61,400 61,400 61,400 61,400
TRANSPORTATION.......
SUBTOTAL ADMIN & 61,400 61,400 61,400 61,400
SRVWD ACTIVITIES..

TOTAL OPERATION & 1,102,600 1,502,600 1,120,100 400,000 1,502,600
MAINTENANCE,
MARINE CORPS.....

OPERATION &
MAINTENANCE, NAVY RES
OPERATING FORCES
020 INTERMEDIATE 522 522 522 522
MAINTENANCE..........
030 AIRCRAFT DEPOT 11,861 11,861 11,861 11,861
MAINTENANCE..........
080 COMBAT SUPPORT FORCES. 9,109 9,109 9,109 9,109
SUBTOTAL OPERATING 21,492 21,492 21,492 21,492
FORCES............

TOTAL OPERATION & 21,492 21,492 21,492 21,492
MAINTENANCE, NAVY
RES..............

OPERATION &
MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES...... 7,627 7,627 7,627 7,627
040 BASE OPERATING SUPPORT 1,080 1,080 1,080 1,080
SUBTOTAL OPERATING 8,707 8,707 8,707 8,707
FORCES............

TOTAL OPERATION & 8,707 8,707 8,707 8,707
MAINTENANCE, MC
RESERVE..........

OPERATION &
MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES. 125,551 125,551 125,551 125,551
020 COMBAT ENHANCEMENT 916,538 978,538 916,538 62,000 978,538
FORCES...............
MQ-9 government [62,000] [62,000]
owned-contractor
operated combat
line operations in
U.S. Central
Command...........
030 AIR OPERATIONS 93,970 93,970 93,970 93,970
TRAINING (OJT,
MAINTAIN SKILLS).....
040 DEPOT PURCHASE 3,528,059 3,528,059 3,528,059 3,528,059
EQUIPMENT MAINTENANCE
050 FACILITIES 147,264 147,264 147,264 147,264
SUSTAINMENT,
RESTORATION &
MODERNIZATION........
060 CYBERSPACE SUSTAINMENT 10,842 10,842 10,842 10,842
070 CONTRACTOR LOGISTICS 7,187,100 7,187,100 7,217,545 7,187,100
SUPPORT AND SYSTEM
SUPPORT..............
Transfer from base [30,445]
080 FLYING HOUR PROGRAM... 2,031,548 2,031,548 2,031,548 2,031,548
090 BASE SUPPORT.......... 1,540,444 1,478,444 1,540,444 -60,000 1,480,444
Program decrease.. [-62,000] [-60,000]
100 GLOBAL C3I AND EARLY 13,709 13,709 13,709 13,709
WARNING..............
110 OTHER COMBAT OPS SPT 345,800 592,130 345,800 203,579 549,379
PROGRAMS.............
Department [28,000]
requested transfer
from SAG 44A......
Insufficient [-20,000]
justification.....
Realignment from [246,330] [195,579]
Base to OCO.......
120 CYBERSPACE ACTIVITIES. 17,936 17,936 17,936 17,936
130 TACTICAL INTEL AND 36,820 36,820 36,820 36,820
OTHER SPECIAL
ACTIVITIES...........
140 LAUNCH FACILITIES..... 70 70 70 70
150 SPACE CONTROL SYSTEMS. 1,450 1,450 1,450 1,450
160 US NORTHCOM/NORAD..... 725 725 725 725
170 US STRATCOM........... 856 856 856 856
180 US CYBERCOM........... 35,189 35,189 35,189 35,189
190 US CENTCOM............ 126,934 126,934 126,934 44,200 171,134
Department [44,200]
requested transfer
from line 42G.....
SUBTOTAL OPERATING 16,160,805 16,407,135 16,191,250 249,779 16,410,584
FORCES............

MOBILIZATION
240 AIRLIFT OPERATIONS.... 1,271,439 1,511,439 1,271,439 200,000 1,471,439
Realignment from [240,000] [200,000]
Base to OCO.......
250 MOBILIZATION 120,866 120,866 120,866 120,866
PREPAREDNESS.........
SUBTOTAL 1,392,305 1,632,305 1,392,305 200,000 1,592,305
MOBILIZATION......

TRAINING AND
RECRUITING

[[Page H6784]]

260 OFFICER ACQUISITION... 200 200 200 200
270 RECRUIT TRAINING...... 352 352 352 352
290 SPECIALIZED SKILL 27,010 27,010 27,010 27,010
TRAINING.............
300 FLIGHT TRAINING....... 844 844 844 844
310 PROFESSIONAL 1,199 1,199 1,199 1,199
DEVELOPMENT EDUCATION
320 TRAINING SUPPORT...... 1,320 1,320 1,320 1,320
SUBTOTAL TRAINING 30,925 30,925 30,925 30,925
AND RECRUITING....

ADMIN & SRVWD
ACTIVITIES
380 LOGISTICS OPERATIONS.. 164,701 164,701 164,701 164,701
390 TECHNICAL SUPPORT 11,782 11,782 11,782 11,782
ACTIVITIES...........
400 ADMINISTRATION........ 3,886 3,886 3,886 3,886
410 SERVICEWIDE 355 355 355 355
COMMUNICATIONS.......
420 OTHER SERVICEWIDE 100,831 100,831 85,831 -44,200 56,631
ACTIVITIES...........
Department [-44,200]
requested transfer
to line 15F.......
OSC-I transition [-15,000]
to normalized
security
cooperation.......
450 INTERNATIONAL SUPPORT. 29,928 29,928 29,928 -28,000 1,928
Department [-28,000]
requested transfer
to line 12C.......
455 CLASSIFIED PROGRAMS... 34,502 34,502 34,502 34,502
SUBTOTAL ADMIN & 345,985 345,985 330,985 -72,200 273,785
SRVWD ACTIVITIES..

TOTAL OPERATION & 17,930,020 18,416,350 17,945,465 377,579 18,307,599
MAINTENANCE, AIR
FORCE............

OPERATION &
MAINTENANCE, SPACE
FORCE
OPERATING FORCES
020 GLOBAL C3I & EARLY 227 227 227 227
WARNING..............
030 SPACE LAUNCH 321 321 321 321
OPERATIONS...........
040 SPACE OPERATIONS...... 15,135 15,135 15,135 15,135
070 DEPOT MAINTENANCE..... 18,268 18,268 18,268 18,268
080 CONTRACTOR LOGISTICS & 43,164 43,164 43,164 43,164
SYSTEM SUPPORT.......
SUBTOTAL OPERATING 77,115 77,115 77,115 77,115
FORCES............

TOTAL OPERATION & 77,115 77,115 77,115 77,115
MAINTENANCE,
SPACE FORCE......

OPERATION &
MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE 24,408 24,408 24,408 24,408
EQUIPMENT MAINTENANCE
060 BASE SUPPORT.......... 5,682 5,682 5,682 5,682
SUBTOTAL OPERATING 30,090 30,090 30,090 30,090
FORCES............

TOTAL OPERATION & 30,090 30,090 30,090 30,090
MAINTENANCE, AF
RESERVE..........

OPERATION &
MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT 3,739 3,739 3,739 3,739
OPERATIONS...........
030 DEPOT PURCHASE 61,862 61,862 61,862 61,862
EQUIPMENT MAINTENANCE
050 CONTRACTOR LOGISTICS 97,108 97,108 97,108 97,108
SUPPORT AND SYSTEM
SUPPORT..............
060 BASE SUPPORT.......... 12,933 12,933 12,933 12,933
SUBTOTAL OPERATING 175,642 175,642 175,642 175,642
FORCES............

TOTAL OPERATION & 175,642 175,642 175,642 175,642
MAINTENANCE, ANG.

OPERATION AND
MAINTENANCE, DEFENSE-
WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF. 3,799 3,799 3,799 3,799
020 JOINT CHIEFS OF STAFF-- 6,634 6,634 6,634 6,634
CE2T2................
040 SPECIAL OPERATIONS 898,024 893,024 898,024 898,024
COMMAND COMBAT
DEVELOPMENT
ACTIVITIES...........
Maritime Support [-5,000]
Vessel............
060 SPECIAL OPERATIONS 1,244,553 1,214,553 1,244,553 -935 1,243,618
COMMAND INTELLIGENCE.
Program decrease.. [-30,000] [-935]
070 SPECIAL OPERATIONS 354,951 354,951 381,951 354,951
COMMAND MAINTENANCE..
Airborne ISR [27,000]
restoration.......
090 SPECIAL OPERATIONS 104,535 104,535 104,535 104,535
COMMAND OPERATIONAL
SUPPORT..............
100 SPECIAL OPERATIONS 757,744 732,744 757,744 -5,000 752,744
COMMAND THEATER
FORCES...............
Unjustified growth [-25,000] [-5,000]
SUBTOTAL OPERATING 3,370,240 3,310,240 3,397,240 -5,935 3,364,305
FORCES............

[[Page H6785]]

ADMIN & SRVWIDE
ACTIVITIES
180 DEFENSE CONTRACT AUDIT 1,247 1,247 1,247 1,247
AGENCY...............
210 DEFENSE CONTRACT 21,723 21,723 21,723 21,723
MANAGEMENT AGENCY....
280 DEFENSE INFORMATION 56,256 56,256 56,256 56,256
SYSTEMS AGENCY.......
290 DEFENSE INFORMATION 3,524 3,524 3,524 3,524
SYSTEMS AGENCY--CYBER
330 DEFENSE LEGAL SERVICES 156,373 156,373 156,373 156,373
AGENCY...............
350 DEFENSE MEDIA ACTIVITY 3,555 9,555 3,555 6,000 9,555
Stars and Stripes. [6,000] [6,000]
370 DEFENSE SECURITY 1,557,763 1,337,763 1,880,263 72,500 1,630,263
COOPERATION AGENCY...
Program increase-- [30,000]
security
cooperation.......
Transfer from CTEF [322,500]
for 10 USC 333
Iraq security
cooperation
activities........
Transfer from CTEF [322,500]
for Iraq train and
equip requirements
Transfer to [-250,000] [-250,000]
Ukraine Security
Assistance........
410 DEFENSE THREAT 297,486 297,486 297,486 297,486
REDUCTION AGENCY.....
490 OFFICE OF THE 16,984 16,984 16,984 16,984
SECRETARY OF DEFENSE.
530 WASHINGTON 1,997 1,997 1,997 1,997
HEADQUARTERS SERVICES
535 CLASSIFIED PROGRAMS... 535,106 535,106 535,106 535,106
SUBTOTAL ADMIN & 2,652,014 2,438,014 2,974,514 78,500 2,730,514
SRVWIDE ACTIVITIES

TOTAL OPERATION 6,022,254 5,748,254 6,371,754 72,565 6,094,819
AND MAINTENANCE,
DEFENSE-WIDE.....

UKRAINE SECURITY
ASSISTANCE
UKRAINE SECURITY
ASSISTANCE
010 UKRAINE SECURITY 250,000 250,000 250,000
ASSISTANCE INITIATIVE
Transfer from [250,000] [250,000]
Defense Security
Cooperation Agency
SUBTOTAL UKRAINE 250,000 250,000 250,000
SECURITY
ASSISTANCE........

TOTAL UKRAINE 250,000 250,000 250,000
SECURITY
ASSISTANCE.......

TOTAL OPERATION & 58,179,782 57,972,082 58,270,467 -236,053 57,943,729
MAINTENANCE......
----------------------------------------------------------------------------------------------------------------

[[Page H6786]]

TITLE XLIV--MILITARY PERSONNEL

SEC. 4401. MILITARY PERSONNEL.

----------------------------------------------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 House Senate Conference Conference
Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
Military Personnel 150,524,104 149,384,304 147,976,014 149,185,852
Appropriations.............
Historical unobligated -924,000 -1,168,45
balances...................
Foreign currency adjustments -169,800 -169,800
Standardization of payment 50,000
of hazardous duty incentive
pay........................
Program decrease--Marine -96,000
Corps......................
Military Personnel -1,611,690
historical underexecution..
COVID related endstrength -755,000
decreases..................
Foreign currency -81,800
adjustments, Air Force.....
Foreign currency -44,400
adjustments, Army..........
Foreign currency -13,900
adjustments, Marine Corps..
Foreign currency -41,300
adjustments, Navy..........
Medicare-Eligible Retiree 8,372,741 8,372,741 8,372,741 8,372,741
Health Fund Contributions..
----------------------------------------------------------------------------------------------------------------

[[Page H6787]]

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.

----------------------------------------------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 Conference Conference
Item Request Change Authorized
----------------------------------------------------------------------------------------------------------------
Military Personnel Appropriations............................. 4,602,593 4,602,593 4,602,593
----------------------------------------------------------------------------------------------------------------

[[Page H6788]]

TITLE XLV--OTHER AUTHORIZATIONS

SEC. 4501. OTHER AUTHORIZATIONS.

----------------------------------------------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE.... 32,551 32,551 5,551 32,551
One-time COVID-related [-27,000]
carryover decrease.....
ARMY SUPPLY MANAGEMENT...... 24,166 24,166 1,166 24,166
One-time COVID-related [-23,000]
carryover decrease.....
TOTAL WORKING CAPITAL 56,717 56,717 6,717 56,717
FUND, ARMY...........

WORKING CAPITAL FUND, AIR
FORCE
WORKING CAPITAL FUND
WORKING CAPITAL FUND........ 95,712 95,712 5,712 95,712
Air Force cash corpus [10,000]
for energy optimization
One-time COVID-related [-100,000]
carryover decrease.....
TOTAL WORKING CAPITAL 95,712 95,712 5,712 95,712
FUND, AIR FORCE......

WORKING CAPITAL FUND,
DEFENSE-WIDE
WORKING CAPITAL FUND SUPPORT
WORKING CAPITAL FUND SUPPORT 49,821 49,821 49,821 49,821
TOTAL WORKING CAPITAL 49,821 49,821 49,821 49,821
FUND, DEFENSE-WIDE...

WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT 1,146,660 1,146,660 1,146,660 1,146,660
TOTAL WORKING CAPITAL 1,146,660 1,146,660 1,146,660 1,146,660
FUND, DECA...........

NATIONAL DEFENSE SEALIFT
FUND
SEALIFT RECAPITALIZATION.... 170,000 120,000 120,000
Accelerate design of a [50,000]
commercial-based
sealift ship...........
Transfer from OMN-300 [120,000] [120,000]
for acquisition of four
used sealift vessels...
SHIP PREPOSITIONING AND 314,193 314,193 314,193
SURGE......................
Transfer from OMN-290.. [314,193] [314,193]
EXPEDITIONARY HEALTH 57,212
SERVICES...................
Transfer from OMN-320.. [57,212]
TOTAL NATIONAL 541,405 434,193 434,193
DEFENSE SEALIFT FUND.

CHEM AGENTS & MUNITIONS
DESTRUCTION
CHEM DEMILITARIZATION--O&M.. 106,691 101,691 106,691 106,691
Program decrease....... [-5,000]
CHEM DEMILITARIZATION--RDT&E 782,193 771,193 782,193 782,193
Program decrease....... [-11,000]
CHEM DEMILITARIZATION--PROC. 616 616 616 616
TOTAL CHEM AGENTS & 889,500 873,500 889,500 889,500
MUNITIONS DESTRUCTION

DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT... 546,203 546,203 562,003 15,800 562,003
PDI: Joint Interagency [13,000] [13,000]
Task Force--West
Project 3309...........
PDI: Joint Interagency [2,800] [2,800]
Task Force--West
Project 9202...........
DRUG DEMAND REDUCTION 123,704 123,704 123,704 123,704
PROGRAM....................
NATIONAL GUARD COUNTER-DRUG 94,211 94,211 94,211 94,211
PROGRAM....................
NATIONAL GUARD COUNTER-DRUG 5,511 5,511 5,511 5,511
SCHOOLS....................
TOTAL DRUG 769,629 769,629 785,429 15,800 785,429
INTERDICTION & CTR-
DRUG ACTIVITIES, DEF.

OFFICE OF THE INSPECTOR
GENERAL
OFFICE OF THE INSPECTOR 368,279 384,536 368,279 368,279
GENERAL....................
Additional oversight of [16,257]
coronavirus relief.....
OFFICE OF THE INSPECTOR
GENERAL--CYBER
OFFICE OF THE INSPECTOR 1,204 1,204 1,204 1,204
GENERAL--CYBER.............
OFFICE OF THE INSPECTOR 1,098 1,098 1,098 1,098
GENERAL--RDTE..............
OFFICE OF THE INSPECTOR 858 858 858 858
GENERAL--PROCUREMENT.......
TOTAL OFFICE OF THE 371,439 387,696 371,439 371,439
INSPECTOR GENERAL....

DEFENSE HEALTH PROGRAM

[[Page H6789]]

IN-HOUSE CARE............... 9,560,564 9,580,564 9,560,564 -289,500 9,271,064
Equipment purchases [-29,500]
excess growth..........
Expansion of benefits.. [15,000]
Medical reform [-296,000]
implementation--excess
funding to replace
military medical end
strength...............
Program decrease....... [-31,000]
Reverse DWR savings [36,000] [36,000]
from downsizing MTFs...
PRIVATE SECTOR CARE......... 15,841,887 15,826,887 15,841,887 -15,000 15,826,887
Program decrease....... [-15,000] [-15,000]
CONSOLIDATED HEALTH SUPPORT. 1,338,269 1,348,269 1,338,269 -24,100 1,314,169
Global Emerging [10,000]
Infectious Surveillance
Program................
Historical [-24,100]
underexecution.........
INFORMATION MANAGEMENT...... 2,039,910 2,039,910 2,039,910 2,039,910
MANAGEMENT ACTIVITIES....... 330,627 330,627 330,627 330,627
EDUCATION AND TRAINING...... 315,691 341,691 315,691 16,000 331,691
Health Professions [10,000] [6,000]
Scholarship Program....
Restoring funding for [6,000]
Tri-Service Nursing
Research Program within
USUHS..................
Reverse DWR cuts to [10,000] [10,000]
USUHS..................
BASE OPERATIONS/ 1,922,605 1,922,605 1,927,605 1,922,605
COMMUNICATIONS.............
Medical Surge [5,000]
Partnership Pilot......
National Disaster [5,000]
Medical System pilot
program................
Program decrease....... [-5,000]
R&D RESEARCH................ 8,913 13,913 8,913 5,000 13,913
Pancreatic cancer [5,000] [5,000]
research...............
R&D EXPLORATRY DEVELOPMENT.. 73,984 73,984 73,984 73,984
R&D ADVANCED DEVELOPMENT.... 225,602 225,602 225,602 225,602
R&D DEMONSTRATION/VALIDATION 132,331 132,331 132,331 132,331
R&D ENGINEERING DEVELOPMENT. 55,748 70,748 55,748 55,748
Freeze-dried platelets. [15,000]
R&D MANAGEMENT AND SUPPORT.. 48,672 48,672 48,672 48,672
R&D CAPABILITIES ENHANCEMENT 17,215 17,215 17,215 17,215
PROC INITIAL OUTFITTING..... 22,932 22,932 22,932 22,932
PROC REPLACEMENT & 215,618 215,618 215,618 215,618
MODERNIZATION..............
PROC MILITARY HEALTH SYSTEM-- 70,872 70,872 70,872 70,872
DESKTOP TO DATACENTER......
PROC DOD HEALTHCARE 308,504 308,504 308,504 -62,650 245,854
MANAGEMENT SYSTEM
MODERNIZATION..............
Excess to need......... [-62,650]
SOFTWARE & DIGITAL 160,428 160,428 160,428 160,428
TECHNOLOGY PILOT PROGRAMS..
UNDISTRIBUTED............... 2,700 200 200
Foreign Currency [-9,800] [-9,800]
adjustments............
Post-traumatic stress [2,500]
disorder...............
Triple negative breast [10,000] [10,000]
cancer.................
TOTAL DEFENSE HEALTH 32,690,372 32,754,072 32,695,372 -370,050 32,320,322
PROGRAM..............

TOTAL OTHER 36,069,850 36,675,212 35,950,650 79,943 36,149,793
AUTHORIZATIONS.......
----------------------------------------------------------------------------------------------------------------

[[Page H6790]]

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.

----------------------------------------------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE
ARMY SUPPLY MANAGEMENT...... 20,090 20,090 20,090 20,090
TOTAL WORKING CAPITAL 20,090 20,090 20,090 20,090
FUND, ARMY...........

OFFICE OF THE INSPECTOR
GENERAL
OFFICE OF THE INSPECTOR 24,069 24,069 24,069 24,069
GENERAL....................
TOTAL OFFICE OF THE 24,069 24,069 24,069 24,069
INSPECTOR GENERAL....

DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............... 65,072 65,072 65,072 65,072
PRIVATE SECTOR CARE......... 296,828 296,828 296,828 296,828
CONSOLIDATED HEALTH SUPPORT. 3,198 3,198 3,198 3,198
TOTAL DEFENSE HEALTH 365,098 365,098 365,098 365,098
PROGRAM..............

TOTAL OTHER 409,257 409,257 409,257 409,257
AUTHORIZATIONS.......
----------------------------------------------------------------------------------------------------------------

[[Page H6791]]

TITLE XLVI--MILITARY CONSTRUCTION

SEC. 4601. MILITARY CONSTRUCTION.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2021 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Military Construction, ALASKA Fort Wainwright CHILD DEVELOPMENT CENTER 0 32,500 55,000 55,000 55,000
Army
Military Construction, ALASKA Fort Wainwright UNACCOMPANIED ENLISTED PERSONNEL 0 59,000 59,000 59,000 59,000
Army HOUSING
Military Construction, ARIZONA Yuma Proving Ground READY BUILDING 14,000 14,000 14,000 14,000
Army
Military Construction, CALIFORNIA Military Ocean AMMUNITION HOLDING FACILITY 0 0 46,000 46,000 46,000
Army Terminal Concord
Military Construction, COLORADO Fort Carson, Colorado PHYSICAL FITNESS FACILITY 28,000 28,000 28,000 28,000
Army
Military Construction, FLORIDA Jiatf-S Operations PLANNING AND DESIGN 0 0 8,000 8,000 8,000
Army Center
Military Construction, GEORGIA Fort Gillem FORENSIC LABORATORY 71,000 71,000 71,000 71,000
Army
Military Construction, GEORGIA Fort Gordon ADV INDIVIDUAL TRAINING BARRACKS 80,000 80,000 80,000 80,000
Army CPLX, PH3
Military Construction, HAWAII Fort Shafter CHILD DEVELOPMENT CENTER--SCHOOL 0 26,000 71,000 65,000 65,000
Army AGE
Military Construction, HAWAII Schofield Barracks CHILD DEVELOPMENT CENTER 0 39,000 39,000 39,000 39,000
Army
Military Construction, HAWAII Wheeler Army Air Field AIRCRAFT MAINTENANCE HANGAR 89,000 89,000 89,000 89,000
Army
Military Construction, ITALY Casmera Renato DAL Din ACCESS CONTROL POINT 0 0 10,200 10,200 10,200
Army
Military Construction, LOUISIANA Fort Polk, Louisiana INFORMATION SYSTEMS FACILITY 25,000 25,000 25,000 25,000
Army
Military Construction, OKLAHOMA McAlester AAP AMMUNITION DEMOLITION SHOP 35,000 35,000 35,000 35,000
Army
Military Construction, PENNSYLVANIA Carlisle Barracks GENERAL INSTRUCTION BUILDING, 38,000 0 8,000 -12,460 25,540
Army INCR2
Military Construction, SOUTH CAROLINA Fort Jackson TRAINEE BARRACKS COMPLEX 3, PH2 0 7,000 7,000 7,000 7,000
Army
Military Construction, VIRGINIA Humphreys Engineer TRAINING SUPPORT FACILITY 51,000 51,000 51,000 51,000
Army Center
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide HOST NATION SUPPORT 39,000 39,000 39,000 39,000
Army Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 129,436 69,436 59,436 -65,000 64,436
Army Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 50,900 50,900 74,900 18,000 68,900
Army Locations
Military Construction, Army TOTAL 650,336 715,836 869,536 229,740 880,076
........................ ...................... ..................................
Military Construction, ARIZONA Yuma BACHELOR ENLISTED QUARTERS 0 59,600 0 0
Navy REPLACEMENT
Military Construction, BAHRAIN ISLAND SW Asia SHIP TO SHORE UTILITY SERVICES 68,340 68,340 68,340 68,340
Navy
Military Construction, CALIFORNIA Camp Pendleton COMBAT WATER SURVIVAL TRAINING 0 0 25,200 25,200 25,200
Navy FACIITY
Military Construction, CALIFORNIA Camp Pendleton WAREHOUSE CONSOLIDATION AND 0 0 21,800 21,800 21,800
Navy MODERNIZATION
Military Construction, CALIFORNIA Camp Pendleton, 1ST MARDIV OPERATIONS COMPLEX 68,530 68,530 68,530 68,530
Navy California
Military Construction, CALIFORNIA Camp Pendleton, I MEF CONSOLIDATED INFORMATION 37,000 37,000 37,000 37,000
Navy California CENTER (INC)
Military Construction, CALIFORNIA Lemoore F-35C HANGAR 6 PHASE 2 (MOD 3/4) 128,070 98,070 53,000 -75,070 53,000
Navy
Military Construction, CALIFORNIA Lemoore F-35C SIMULATOR FACILITY & 59,150 59,150 59,150 59,150
Navy ELECTRICAL UPGRADE
Military Construction, CALIFORNIA Point Mugu DIRECTED ENERGY TEST FACILITY 0 0 26,700 26,700 26,700
Navy
Military Construction, CALIFORNIA Port Hueneme COMBAT VEHICLE MAINTENANCE 0 0 43,500 43,500 43,500
Navy FACILITIES
Military Construction, CALIFORNIA San Diego PIER 6 REPLACEMENT 128,500 98,500 63,500 -65,000 63,500
Navy
Military Construction, CALIFORNIA Seal Beach MAGAZINES 0 0 46,800 46,800 46,800
Navy

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Military Construction, CALIFORNIA Twentynine Palms, WASTEWATER TREATMENT PLANT 76,500 76,500 76,500 76,500
Navy California
Military Construction, EL SALVADOR Comolapa LONG RANGE MARITIME PATROL 0 0 28,000 28,000 28,000
Navy AIRCRAFT HANGAR AND RAMP
Military Construction, GREECE Souda Bay COMMUNICATION CENTER 50,180 50,180 50,180 50,180
Navy
Military Construction, GUAM Andersen AFB ORDNANCE OPERATIONS ADMIN 21,280 21,280 21,280 21,280
Navy
Military Construction, GUAM Joint Region Marianas BACHELOR ENLISTED QUARTERS H (INC) 80,000 0 10,000 -11,351 68,649
Navy
Military Construction, GUAM Joint Region Marianas BASE WAREHOUSE 55,410 55,410 55,410 55,410
Navy
Military Construction, GUAM Joint Region Marianas CENTRAL FUEL STATION 35,950 35,950 17,950 35,950
Navy
Military Construction, GUAM Joint Region Marianas CENTRAL ISSUE FACILITY 45,290 45,290 45,290 45,290
Navy
Military Construction, GUAM Joint Region Marianas COMBINED EOD FACILITY 37,600 37,600 37,600 37,600
Navy
Military Construction, GUAM Joint Region Marianas DAR BRIDGE IMPROVEMENTS 40,180 40,180 40,180 40,180
Navy
Military Construction, GUAM Joint Region Marianas DAR ROAD STRENGTHENING 70,760 70,760 70,760 70,760
Navy
Military Construction, GUAM Joint Region Marianas DISTRIBUTION WAREHOUSE 77,930 77,930 77,930 77,930
Navy
Military Construction, GUAM Joint Region Marianas INDIVIDUAL COMBAT SKILLS TRAINING 17,430 17,430 17,430 17,430
Navy
Military Construction, GUAM Joint Region Marianas JOINT COMMUNICATION UPGRADE 166,000 22,000 26,000 -144,000 22,000
Navy
Military Construction, HAWAII Joint Base Pearl WATERFRONT IMPROVE, WHARVES S1,S11- 48,990 48,990 48,990 48,990
Navy Harbor-Hickam 13,S20-21
Military Construction, HAWAII Joint Base Pearl WATERFRONT IMPROVEMENTS WHARVES S8- 65,910 65,910 65,910 65,910
Navy Harbor-Hickam S10
Military Construction, JAPAN Yokosuka PIER 5 (BERTHS 2 AND 3) (INC) 74,692 0 44,692 74,692
Navy
Military Construction, MAINE Kittery MULTI-MISSION DRYDOCK #1 EXTEN., 160,000 160,000 160,000 160,000
Navy PH 1 (INC)
Military Construction, MAINE Nctams Lant Detachment PERIMETER SECURITY 0 0 26,100 26,100 26,100
Navy Center
Military Construction, NEVADA Fallon RANGE TRAINING COMPLEX, PHASE 1 29,040 29,040 29,040 29,040
Navy
Military Construction, NORTH CAROLINA Camp Lejeune, North II MEF OPERATIONS CENTER 20,000 20,000 20,000 20,000
Navy Carolina REPLACEMENT (INC)
Military Construction, NORTH CAROLINA Cherry Point FITNESS CENTER REPLACEMENT AND 0 0 51,900 51,900 51,900
Navy TRAINING POOL
Military Construction, SPAIN Rota MH-60R SQUADRON SUPPORT FACILITIES 60,110 60,110 60,110 60,110
Navy
Military Construction, VIRGINIA Norfolk E-2D TRAINING FACILITY 30,400 30,400 30,400 30,400
Navy
Military Construction, VIRGINIA Norfolk MH60 & CMV-22B CORROSION CONTROL & 17,671 17,671 17,671 17,671
Navy PAINT FAC
Military Construction, VIRGINIA Norfolk SUB LOGISTICS SUPPORT 0 0 9,400 9,400 9,400
Navy
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 165,710 160,710 165,710 -5,000 160,710
Navy Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PDI: PLANNING & DESIGN--INDO- 0 5,000 0 7,500 7,500
Navy Locations PACIFIC COMMAND POSTURE
INITIATIVES
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide SIOP PLANNING & DESIGN 0 0 0 45,000 45,000
Navy Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 38,983 38,983 38,983 38,983
Navy Locations
Military Construction, Navy TOTAL 1,975,606 1,676,514 1,856,936 31,479 2,007,085
........................ ...................... ..................................
Military Construction, CALIFORNIA Edwards AFB FLIGHT TEST ENGINEERING LABORATORY 0 40,000 0 40,000 40,000
Air Force COMPLEX
Military Construction, COLORADO Schriever AFB CONSOLIDATED SPACE OPERATIONS 88,000 88,000 88,000 88,000
Air Force FACILITY, INC 2
Military Construction, COLORADO U.S. Air Force Academy CADET PREPATORY SCHOOL DORMITORY 0 0 49,000 0
Air Force
Military Construction, FLORIDA Eglin ADVANCED MUNITIONS TECHNOLOGY 0 35,000 0 35,000 35,000
Air Force COMPLEX
Military Construction, GUAM Joint Region Marianas STAND OFF WEAPONS COMPLEX, MSA 2 56,000 56,000 56,000 56,000
Air Force

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Military Construction, ILLINOIS Scott ADD/ALTER CONSOLIDATED 0 3,000 0 0
Air Force COMMUNICATIONS FACILITY
Military Construction, MARIANA ISLANDS Tinian AIRFIELD DEVELOPMENT PHASE 1, INC 20,000 0 20,000 19,500 39,500
Air Force 2
Military Construction, MARIANA ISLANDS Tinian FUEL TANKS WITH PIPELINE & HYDRANT 7,000 0 7,000 -7,000 0
Air Force SYS, INC 2
Military Construction, MARIANA ISLANDS Tinian PARKING APRON, INC 2 15,000 0 15,000 6,500 21,500
Air Force
Military Construction, MARYLAND Joint Base Andrews CONSOLIDATED COMMUNICATIONS CENTER 0 13,000 0 13,000 13,000
Air Force
Military Construction, MONTANA Malmstrom AFB WEAPONS STORAGE & MAINTENANCE 25,000 0 25,000 -25,000 0
Air Force FACILITY, INC 2
Military Construction, NEW JERSEY Joint Base McGuire-Dix- MUNITIONS STORAGE AREA 22,000 22,000 22,000 22,000
Air Force Lakehurst
Military Construction, QATAR Al Udeid, Qatar CARGO MARSHALLING YARD 26,000 26,000 26,000 26,000
Air Force
Military Construction, SOUTH DAKOTA Ellsworth AFB B-21 2-BAY LO RESTORATION FACILITY 0 0 10,000 10,000 10,000
Air Force
Military Construction, TEXAS Joint Base San Antonio BMT RECRUIT DORMITORY 8, INC 2 36,000 36,000 36,000 36,000
Air Force
Military Construction, TEXAS Joint Base San Antonio T-X ADAL GROUND BASED TRNG SYS SIM 19,500 19,500 19,500 19,500
Air Force
Military Construction, UTAH Hill AFB GBSD MISSION INTEGRATION FACILITY, 68,000 68,000 68,000 68,000
Air Force INC 2
Military Construction, UTAH Hill AFB GBSD ORGANIC SOFTWARE SUSTAINMENT 0 0 20,000 18,800 18,800
Air Force CENTER
Military Construction, VIRGINIA Joint Base Langley- ACCESS CONTROL POINT MAIN GATE 19,500 19,500 19,500 19,500
Air Force Eustis WITH LAND ACQ
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE 0 0 29,422 0
Air Force Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 296,532 149,649 116,532 -180,000 116,532
Air Force Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PDI: PLANNING & DESIGN--INDO- 0 5,000 0 7,500 7,500
Air Force Locations PACIFIC COMMAND POSTURE
INITIATIVES
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 68,600 68,600 68,600 68,600
Air Force Locations
Military Construction, WYOMING Fe Warren WEAPONS STORAGE FACILITY 0 12,000 0 12,000 12,000
Air Force
Military Construction, Air Force TOTAL 767,132 661,249 695,554 -49,700 717,432
........................ ...................... ..................................
Military Construction, ALABAMA Anniston Army Depot DEMILITARIZATION FACILITY 18,000 18,000 18,000 18,000
Defense-Wide
Military Construction, ALABAMA Fort Rucker CONSTRUCT 10MW GENERATION & 0 24,000 24,000 24,000 24,000
Defense-Wide MICROGRID
Military Construction, ALASKA Fort Greely COMMUNICATIONS CENTER 48,000 48,000 48,000 48,000
Defense-Wide
Military Construction, ARIZONA Fort Huachuca LABORATORY BUILDING 33,728 33,728 33,728 33,728
Defense-Wide
Military Construction, ARIZONA Yuma SOF HANGAR 49,500 49,500 49,500 49,500
Defense-Wide
Military Construction, ARKANSAS Fort Smith ANG PV ARRAYS AND BATTERY STORAGE 0 2,600 2,600 2,600 2,600
Defense-Wide
Military Construction, CALIFORNIA Beale AFB BULK FUEL TANK 22,800 22,800 22,800 22,800
Defense-Wide
Military Construction, CALIFORNIA Marine Corps Air INSTALL 10 MW BATTERY ENERGY 11,646 11,646 11,646 11,646
Defense-Wide Combat Center / STORAGE FOR VARIOUS BUILDINGS
Twenty Nine Palms
Military Construction, CALIFORNIA Military Ocean MILITARY OCEAN TERMINAL CONCORD 29,000 29,000 29,000 29,000
Defense-Wide Terminal Concord MICRORID
Military Construction, CALIFORNIA NAWS China Lake SOLAR ENERGY STORAGE SYSTEM 0 8,950 0 0
Defense-Wide
Military Construction, CALIFORNIA NSA Monterey COGENERATION PLANT AT B236 10,540 10,540 10,540 -10,540 0
Defense-Wide

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Military Construction, COLORADO Fort Carson, Colorado SOF TACTICAL EQUIPMENT MAINTENANCE 15,600 15,600 15,600 15,600
Defense-Wide FACILITY
Military Construction, CONUS UNSPECIFIED Conus Unspecified TRAINING TARGET STRUCTURE 14,400 14,400 14,400 14,400
Defense-Wide
Military Construction, DISTRICT OF COLUMBIA Joint Base Anacostia DIA HQ COOLING TOWERSAND COND 0 0 1,963 1,963 1,963
Defense-Wide Bolling PUMPS
Military Construction, DISTRICT OF COLUMBIA Joint Base Anacostia INDUSTRIAL CONTROLS SYSTEM 10,343 10,343 10,343 10,343
Defense-Wide Bolling MODERNIZATION
Military Construction, DISTRICT OF COLUMBIA Joint Base Anacostia INDUSTRIAL CONTROLS SYSTEM 0 8,749 8,749 8,749 8,749
Defense-Wide Bolling MODERNIZATION
Military Construction, DISTRICT OF COLUMBIA Joint Base Anacostia PV CARPORTS 0 25,221 25,221 25,221 25,221
Defense-Wide Bolling
Military Construction, FLORIDA Hurlburt Field SOF COMBAT AIRCRAFT PARKING APRON- 38,310 38,310 38,310 38,310
Defense-Wide NORTH
Military Construction, FLORIDA Hurlburt Field SOF SPECIAL TACTICS OPS FACILITY 44,810 44,810 44,810 44,810
Defense-Wide (23 STS)
Military Construction, GEORGIA Fort Benning CONSTRUCT 4.8MW GENERATION & 0 17,000 17,000 17,000 17,000
Defense-Wide MICROGRID
Military Construction, GERMANY Rhine Ordnance MEDICAL CENTER REPLACEMENT INC 9 200,000 200,000 0 -117,567 82,433
Defense-Wide Barracks
Military Construction, ITALY NSA Naples SMART GRID 3,490 3,490 3,490 3,490
Defense-Wide
Military Construction, JAPAN Def Fuel Support Point FUEL WHARF 49,500 49,500 49,500 49,500
Defense-Wide Tsurumi
Military Construction, JAPAN Yokosuka KINNICK HIGH SCHOOL INC 30,000 0 0 -30,000 0
Defense-Wide
Military Construction, KENTUCKY Fort Knox VAN VOORHIS ELEMENTARY SCHOOL 69,310 69,310 69,310 69,310
Defense-Wide
Military Construction, MARYLAND Bethesda Naval MEDCEN ADDITION/ALTERATION INCR 4 180,000 100,000 50,000 -130,000 50,000
Defense-Wide Hospital
Military Construction, MARYLAND Fort Meade NSAW RECAPITALIZE BUILDING #3 INC 250,000 250,000 250,000 250,000
Defense-Wide
Military Construction, MARYLAND NSA Bethesda NSAB-16 REPLACE CHILLERS 3 THROUGH 0 13,840 0 0
Defense-Wide 9
Military Construction, MARYLAND NSA South Potomac CBIRF / IHEODTD / HOUSING POTABLE 18,460 18,460 18,460 18,460
Defense-Wide WATER
Military Construction, MISSISSIPPI Camp Shelby CONSTRUCT 10 MW GENERATION & 0 0 30,000 30,000 30,000
Defense-Wide MICROGRID SYSTEM
Military Construction, MISSOURI Fort Leonard Wood HOSPITAL REPLACEMENT INC 3 40,000 40,000 40,000 40,000
Defense-Wide
Military Construction, MISSOURI St Louis NEXT NGA WEST (N2W) COMPLEX PHASE 119,000 119,000 60,000 -59,000 60,000
Defense-Wide 2 INC
Military Construction, MISSOURI Whiteman AFB INSTALL 10 MW COMBINED HEAT AND 17,310 17,310 17,310 17,310
Defense-Wide POWER PLANT
Military Construction, NEVADA Creech AFB CENTRAL STANDBY GENERATORS 32,000 32,000 32,000 32,000
Defense-Wide
Military Construction, NEW MEXICO Kirtland AFB ADMINISTRATIVE BUILDING 46,600 46,600 46,600 46,600
Defense-Wide

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Military Construction, NORTH CAROLINA Fort Bragg SOF GROUP HEADQUARTERS 53,100 53,100 53,100 53,100
Defense-Wide
Military Construction, NORTH CAROLINA Fort Bragg SOF MILITARY WORKING DOG FACILITY 17,700 17,700 17,700 17,700
Defense-Wide
Military Construction, NORTH CAROLINA Fort Bragg SOF OPERATIONS FACILITY 43,000 43,000 43,000 43,000
Defense-Wide
Military Construction, NORTH CAROLINA Fort Bragg SOTF CHILLED WATER UPGRADE 0 6,100 6,100 6,100 6,100
Defense-Wide
Military Construction, OHIO Wright-Patterson AFB CONSTRUCT INTELLIGENCE FACILITY 0 35,000 35,000 35,000 35,000
Defense-Wide CENTRAL UTILITY PLANT
Military Construction, OHIO Wright-Patterson AFB HYDRANT FUEL SYSTEM 23,500 23,500 23,500 23,500
Defense-Wide
Military Construction, TENNESSEE Memphis ANG PV ARRAYS AND BATTERY STORAGE 0 4,780 4,780 4,780 4,780
Defense-Wide
Military Construction, TEXAS Fort Hood, Texas FUEL FACILITIES 32,700 32,700 32,700 32,700
Defense-Wide
Military Construction, VIRGINIA Joint Expeditionary SOF DCS OPERATIONS FAC. AND 54,500 54,500 54,500 54,500
Defense-Wide Base Little Creek-- COMMAND CENTER
Story
Military Construction, VIRGINIA Joint Expeditionary SOF NSWG-2 NSWTG CSS FACILITIES 58,000 58,000 58,000 58,000
Defense-Wide Base Little Creek--
Story
Military Construction, VIRGINIA Nmc Portsmouth RETRO AIR HANDLING UNITS FROM 611 611 611 611
Defense-Wide CONSTANT VOLUME REHEAT TO
VARIABLE AIR VOLUME
Military Construction, VIRGINIA Wallops Island GENERATION AND DISTRIBUTION 9,100 9,100 9,100 9,100
Defense-Wide RESILIENCY IMPROVEMENTS
Military Construction, WASHINGTON Joint Base Lewis- FUEL FACILITIES (LEWIS MAIN) 10,900 10,900 10,900 10,900
Defense-Wide McChord
Military Construction, WASHINGTON Joint Base Lewis- FUEL FACILITIES (LEWIS NORTH) 10,900 10,900 10,900 10,900
Defense-Wide McChord
Military Construction, WASHINGTON Manchester BULK FUEL STORAGE TANKS PHASE 1 82,000 82,000 82,000 82,000
Defense-Wide
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide ERCIP DESIGN 14,250 24,250 14,250 25,540 39,790
Defense-Wide Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide EXERCISE RELATED MINOR 5,840 5,840 5,840 5,840
Defense-Wide Locations CONSTRUCTION
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN--INDO-PACIFIC 0 0 15,000 0
Defense-Wide Locations COMMAND POSTURE INITIATIVES
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN--MILITARY 0 0 50,000 25,000 25,000
Defense-Wide Locations INSTALLATION RESILIENCY
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 27,746 27,746 27,746 27,746
Defense-Wide Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 10,303 10,303 10,303 10,303
Defense-Wide Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 10,647 10,647 10,647 10,647
Defense-Wide Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 4,922 4,922 4,922 4,922
Defense-Wide Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 20,000 20,000 20,000 20,000
Defense-Wide Locations

[[Page H6796]]

Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 3,000 3,000 3,000 3,000
Defense-Wide Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 17,698 17,698 17,698 17,698
Defense-Wide Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 8,000 8,000 8,000 8,000
Defense-Wide Locations
Military Construction, WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 64,406 64,406 64,406 64,406
Defense-Wide Locations
Military Construction, WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 32,624 32,624 32,624 32,624
Defense-Wide Locations
Military Construction, WORLDWIDE UNSPECIFIED Various Worldwide UNSPECIFIED MINOR CONSTRUCTION 9,726 9,726 9,726 9,726
Defense-Wide Locations
Military Construction, Defense-Wide TOTAL 2,027,520 2,073,760 1,828,933 -141,154 1,886,366
........................ ...................... ..................................
NATO Security Investment WORLDWIDE UNSPECIFIED NATO Security NATO SECURITY INVESTMENT PROGRAM 173,030 173,030 173,030 173,030
Program Investment Program
NATO Security Investment Program TOTAL 173,030 173,030 173,030 173,030
........................ ...................... ..................................
Military Construction, ARIZONA Tucson NATIONAL GUARD READINESS CENTER 18,100 18,100 18,100 18,100
Army National Guard
Military Construction, ARKANSAS Fort Chaffee NATIONAL GUARD READINESS CENTER 0 0 15,000 15,000 15,000
Army National Guard
Military Construction, CALIFORNIA Bakersfield NATIONAL GUARD VEHICLE MAINTENANCE 0 0 9,300 9,300 9,300
Army National Guard SHOP
Military Construction, COLORADO Peterson AFB NATIONAL GUARD READINESS CENTER 15,000 15,000 15,000 15,000
Army National Guard
Military Construction, INDIANA Shelbyville NATIONAL GUARD/RESERVE CENTER 12,000 12,000 12,000 12,000
Army National Guard BUILDING ADD/AL
Military Construction, KENTUCKY Frankfort NATIONAL GUARD/RESERVE CENTER 15,000 15,000 15,000 15,000
Army National Guard BUILDING
Military Construction, MISSISSIPPI Brandon NATIONAL GUARD VEHICLE MAINTENANCE 10,400 10,400 10,400 10,400
Army National Guard SHOP
Military Construction, NEBRASKA North Platte NATIONAL GUARD VEHICLE MAINTENANCE 9,300 9,300 9,300 9,300
Army National Guard SHOP
Military Construction, NEW JERSEY Joint Base McGuire-Dix- NATIONAL GUARD READINESS CENTER 15,000 15,000 15,000 15,000
Army National Guard Lakehurst
Military Construction, OHIO Columbus NATIONAL GUARD READINESS CENTER 15,000 15,000 15,000 15,000
Army National Guard
Military Construction, OKLAHOMA Ardmore NATIONAL GUARD VEHICLE MAINTENANCE 0 0 9,800 9,800 9,800
Army National Guard SHOP
Military Construction, OREGON Hermiston ENLISTED BARRACKS, TRANSIENT 9,300 9,300 9,300 9,300
Army National Guard TRAINING
Military Construction, OREGON Hermiston ENLISTED BARRACKS, TRANSIENT 0 15,735 15,735 15,735 15,735
Army National Guard TRAINING
Military Construction, PUERTO RICO Fort Allen NATIONAL GUARD READINESS CENTER 37,000 37,000 37,000 37,000
Army National Guard
Military Construction, SOUTH CAROLINA Joint Base Charleston NATIONAL GUARD READINESS CENTER 15,000 15,000 15,000 15,000
Army National Guard

[[Page H6797]]

Military Construction, TENNESSEE Mcminnville NATIONAL GUARD READINESS CENTER 11,200 11,200 11,200 11,200
Army National Guard
Military Construction, TEXAS Fort Worth AIRCRAFT MAINTENANCE HANGAR 6,000 6,000 6,000 6,000
Army National Guard ADDITION/ALT
Military Construction, TEXAS Fort Worth NATIONAL GUARD VEHICLE MAINTENANCE 7,800 7,800 7,800 7,800
Army National Guard SHOP
Military Construction, UTAH Nephi NATIONAL GUARD READINESS CENTER 12,000 12,000 12,000 12,000
Army National Guard
Military Construction, VIRGIN ISLANDS St. Croix ARMY AVIATION SUPPORT FACILITY 28,000 28,000 28,000 28,000
Army National Guard (AASF)
Military Construction, VIRGIN ISLANDS St. Croix CST READY BUILDING 11,400 11,400 11,400 11,400
Army National Guard
Military Construction, WISCONSIN Appleton NATIONAL GUARD READINESS CENTER 11,600 11,600 11,600 11,600
Army National Guard ADD/ALT
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 29,593 29,593 29,593 29,593
Army National Guard Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 32,744 32,744 32,744 32,744
Army National Guard Locations
Military Construction, Army National Guard TOTAL 321,437 337,172 371,272 49,835 371,272
........................ ...................... ..................................
Military Construction, FLORIDA Gainesville ECS TEMF/WAREHOUSE 36,000 36,000 36,000 36,000
Army Reserve
Military Construction, MASSACHUSETTS Devens Reserve Forces AUTOMATED MULTIPURPOSE MACHINE GUN 8,700 8,700 8,700 8,700
Army Reserve Training Area RANGE
Military Construction, NORTH CAROLINA Asheville ARMY RESERVE CENTER/LAND 24,000 24,000 24,000 24,000
Army Reserve
Military Construction, WISCONSIN Fort McCoy SCOUT RECONNAISSANCE RANGE 14,600 14,600 14,600 14,600
Army Reserve
Military Construction, WISCONSIN Fort McCoy TRANSIENT TRAINEE BARRACKS 0 2,500 2,500 2,500 2,500
Army Reserve
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 1,218 1,218 1,218 1,218
Army Reserve Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 3,819 3,819 3,819 3,819
Army Reserve Locations
Military Construction, Army Reserve TOTAL 88,337 90,837 90,837 2,500 90,837
........................ ...................... ..................................
Military Construction, MARYLAND Reisterstown RESERVE TRAINING CENTER, CAMP 39,500 39,500 39,500 39,500
Naval Reserve FRETTERD, MD
Military Construction, MINNESOTA Minneapolis JOINT RESERVE INTEL CENTER 0 0 12,800 12,800 12,800
Naval Reserve
Military Construction, UTAH Hill AFB NAVAL OPERATIONAL SUPPORT CENTER 25,010 25,010 25,010 25,010
Naval Reserve
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide MCNR MINOR CONSTRUCTION 3,000 3,000 3,000 3,000
Naval Reserve Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide MCNR PLANNING & DESIGN 3,485 3,485 3,485 3,485
Naval Reserve Locations
Military Construction, Naval Reserve TOTAL 70,995 70,995 83,795 12,800 83,795
........................ ...................... ..................................
Military Construction, ALABAMA Montgomery Regional BASE SUPPLY COMPLEX 0 0 12,000 12,000 12,000
Air National Guard Airport (ANG) Base

[[Page H6798]]

Military Construction, ALABAMA Montgomery Regional F-35 SIMULATOR FACILITY 11,600 11,600 11,600 11,600
Air National Guard Airport (ANG) Base
Military Construction, GUAM Joint Region Marianas SPACE CONTROL FACILITY #5 20,000 20,000 20,000 20,000
Air National Guard
Military Construction, MARYLAND Joint Base Andrews F-16 MISSION TRAINING CENTER 9,400 9,400 9,400 9,400
Air National Guard
Military Construction, SOUTH DAKOTA Hector International CONSOLIDATED RPA OPERATIONS 0 0 17,500 17,500 17,500
Air National Guard Airport FACILITY
Military Construction, TEXAS Joint Base San Antonio F-16 MISSION TRAINING CENTER 10,800 10,800 10,800 10,800
Air National Guard
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 9,000 9,000 9,000 9,000
Air National Guard Locations
Military Construction, WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 3,414 3,414 3,414 3,414
Air National Guard Locations
Military Construction, Air National Guard TOTAL 64,214 64,214 93,714 29,500 93,714
........................ ...................... ..................................
Military Construction, TEXAS Fort Worth F-35 SQUADRON OPS/AIRCRAFT 0 0 25,000 25,000 25,000
Air Force Reserve MAINTENANCE UNIT
Military Construction, TEXAS Fort Worth F-35A SIMULATOR FACILITY 14,200 14,200 14,200 14,200
Air Force Reserve
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 3,270 3,270 3,270 3,270
Air Force Reserve Locations
Military Construction, WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 5,647 5,647 5,647 5,647
Air Force Reserve Locations
Military Construction, Air Force Reserve TOTAL 23,117 23,117 48,117 25,000 48,117
........................ ...................... ..................................
Family Housing ITALY Vicenza FAMILY HOUSING NEW CONSTRUCTION 84,100 84,100 84,100 84,100
Construction, Army
Family Housing KWAJALEIN Kwajalein Atoll FAMILY HOUSING REPLACEMENT 32,000 32,000 32,000 32,000
Construction, Army CONSTRUCTION
Family Housing WORLDWIDE UNSPECIFIED Unspecified Worldwide FAMILY HOUSING P & D 3,300 3,300 3,300 3,300
Construction, Army Locations
Family Housing Construction, Army TOTAL 119,400 119,400 119,400 119,400
........................ ...................... ..................................
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 18,004 18,004 18,004 18,004
And Maintenance, Army Locations
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVITIZATION SUPPORT 37,948 62,948 64,948 26,000 63,948
And Maintenance, Army Locations
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 123,841 123,841 123,841 123,841
And Maintenance, Army Locations
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 97,789 97,789 70,789 97,789
And Maintenance, Army Locations
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 39,716 39,716 39,716 39,716
And Maintenance, Army Locations
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 526 526 526 526
And Maintenance, Army Locations

[[Page H6799]]

Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 8,135 8,135 8,135 8,135
And Maintenance, Army Locations
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 41,183 41,183 41,183 41,183
And Maintenance, Army Locations
Family Housing Operation And Maintenance, Army TOTAL 367,142 392,142 367,142 26,000 393,142
........................ ...................... ..................................
Family Housing WORLDWIDE UNSPECIFIED Unspecified Worldwide CONSTRUCTION IMPROVEMENTS 37,043 37,043 37,043 37,043
Construction, Navy And Locations
Marine Corps
Family Housing WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 3,128 3,128 3,128 3,128
Construction, Navy And Locations
Marine Corps
Family Housing WORLDWIDE UNSPECIFIED Unspecified Worldwide USMC DPRI/GUAM PLANNING AND DESIGN 2,726 2,726 2,726 2,726
Construction, Navy And Locations
Marine Corps
Family Housing Construction, Navy And Marine Corps TOTAL 42,897 42,897 42,897 0 42,897
........................ ...................... ..................................
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 17,977 17,977 17,977 17,977
And Maintenance, Navy Locations
And Marine Corps
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVATIZATION SUPPORT 53,700 78,700 78,700 25,000 78,700
And Maintenance, Navy Locations
And Marine Corps
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 62,658 62,658 62,658 62,658
And Maintenance, Navy Locations
And Marine Corps
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 85,630 110,630 85,630 85,630
And Maintenance, Navy Locations
And Marine Corps
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 51,006 51,006 51,006 51,006
And Maintenance, Navy Locations
And Marine Corps
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 350 350 350 350
And Maintenance, Navy Locations
And Marine Corps
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 16,743 16,743 16,743 16,743
And Maintenance, Navy Locations
And Marine Corps
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 58,429 58,429 58,429 58,429
And Maintenance, Navy Locations
And Marine Corps
Family Housing Operation And Maintenance, Navy And Marine Corps TOTAL 346,493 396,493 371,493 25,000 371,493
........................ ...................... ..................................
Family Housing WORLDWIDE UNSPECIFIED Unspecified Worldwide CONSTRUCTION IMPROVEMENTS 94,245 94,245 94,245 94,245
Construction, Air Force Locations
Family Housing WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 2,969 2,969 2,969 2,969
Construction, Air Force Locations

[[Page H6800]]

Family Housing Construction, Air Force TOTAL 97,214 97,214 97,214 0 97,214
........................ ...................... ..................................
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 25,805 25,805 25,805 25,805
And Maintenance, Air Locations
Force
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVATIZATION 23,175 23,175 48,175 9,000 32,175
And Maintenance, Air Locations
Force
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 9,318 9,318 9,318 9,318
And Maintenance, Air Locations
Force
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 140,666 165,666 140,666 140,666
And Maintenance, Air Locations
Force
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 64,732 99,732 64,732 64,732
And Maintenance, Air Locations
Force
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 2,184 2,184 2,184 2,184
And Maintenance, Air Locations
Force
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 7,968 7,968 7,968 7,968
And Maintenance, Air Locations
Force
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 43,173 43,173 43,173 43,173
And Maintenance, Air Locations
Force
Family Housing Operation And Maintenance, Air Force TOTAL 317,021 377,021 342,021 9,000 326,021
........................ ...................... ..................................
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 645 645 645 645
And Maintenance, Locations
Defense-Wide
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 82 82 82 82
And Maintenance, Locations
Defense-Wide
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 36,860 36,860 36,860 36,860
And Maintenance, Locations
Defense-Wide
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 12,996 12,996 12,996 12,996
And Maintenance, Locations
Defense-Wide
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 32 32 32 32
And Maintenance, Locations
Defense-Wide
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 13 13 13 13
And Maintenance, Locations
Defense-Wide
Family Housing Operation WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 4,100 4,100 4,100 4,100
And Maintenance, Locations
Defense-Wide
Family Housing Operation And Maintenance, Defense-Wide TOTAL 54,728 54,728 54,728 0 54,728
........................ ...................... ..................................
DOD Family Housing WORLDWIDE UNSPECIFIED Unspecified Worldwide ADMINISTRATIVE EXPENSES--FHIF 5,897 5,897 5,897 5,897
Improvement Fund Locations
DOD Family Housing Improvement Fund TOTAL 5,897 5,897 5,897 0 5,897
........................ ...................... ..................................

[[Page H6801]]

Unaccompanied Housing WORLDWIDE UNSPECIFIED Unspecified Worldwide ADMINISTRATIVE EXPENSES--UHIF 600 600 600 600
Improvement Fund Locations
Unaccompanied Housing Improvement Fund TOTAL 600 600 600 0 600
........................ ...................... ..................................
Base Realignment and WORLDWIDE UNSPECIFIED Base Realignment & BASE REALIGNMENT AND CLOSURE 66,060 106,060 66,060 66,060
Closure--Army Closure, Army
Base Realignment and WORLDWIDE UNSPECIFIED Unspecified Worldwide BASE REALIGNMENT & CLOSURE 125,165 225,165 125,165 125,165
Closure--Navy Locations
Base Realignment and WORLDWIDE UNSPECIFIED Unspecified Worldwide DOD BRAC ACTIVITIES--AIR FORCE 109,222 109,222 109,222 109,222
Closure--Air Force Locations
Base Realignment and Closure TOTAL 300,447 440,447 300,447 0 300,447
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page H6802]]

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.

[[Page H6803]]

TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

----------------------------------------------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 Senate Conference Conference
Program Request House Change Change Change Authorized
----------------------------------------------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy......................... 137,800 0 0 137,800

Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................... 15,602,000 0 0 -51,572 15,550,428
Defense nuclear nonproliferation..... 2,031,000 80,000 0 10,000 2,041,000
Naval reactors....................... 1,684,000 0 0 0 1,684,000
Federal salaries and expenses........ 454,000 0 0 0 454,000
Total, National nuclear security 19,771,000 80,000 0 -41,572 19,729,428
administration........................

Environmental and other defense
activities:
Defense environmental cleanup........ 4,983,608 790,100 100,000 832,159 5,815,767
Other defense activities............. 1,054,727 -155,438 -150,000 -153,679 901,048
Total, Environmental & other defense 6,038,335 634,662 -50,000 678,480 6,716,815
activities............................
Total, Atomic Energy Defense Activities.. 25,809,335 714,662 -50,000 636,908 26,446,243
Total, Discretionary Funding................. 25,947,135 714,662 -50,000 636,908 26,584,043

Nuclear Energy
Idaho sitewide safeguards and security..... 137,800 137,800
Total, Nuclear Energy........................ 137,800 0 0 0 137,800

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 0 0 0 2,666,946

Stockpile services
Production Operations................ 568,941 568,941
Stockpile Sustainment................ 998,357 998,357
Weapons Dismantlement and Disposition 50,000 50,000
Subtotal, Stockpile Services........... 1,617,298 0 0 0 1,617,298
Total, Stockpile Management................ 4,284,244 0 0 0 4,284,244

Weapons Activities
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations.... 610,599 610,599
21-D-512 Plutonium Pit Production 226,000 226,000
Project, LANL.....................
Subtotal, Los Alamos Plutonium 836,599 0 0 0 836,599
Modernization.......................
Savannah River Plutonium
Modernization
Savannah River Plutonium Operations 200,000 200,000
21-D-511 Savannah River Plutonium 241,896 241,896
Processing Facility, SRS..........
Subtotal, Savannah River Plutonium 441,896 0 0 0 441,896
Modernization.......................
Enterprise Plutonium Support......... 90,782 90,782
Total, Plutonium Modernization......... 1,369,277 0 0 0 1,369,277
High Explosives and Energetics......... 67,370 67,370
Total, Primary Capability Modernization.. 1,436,647 0 0 0 1,436,647

[[Page H6804]]

Secondary Capability Modernization....... 457,004 457,004
Tritium and Domestic Uranium Enrichment.. 457,112 457,112
Non-Nuclear Capability Modernization..... 107,137 107,137
Total, Production Modernization............ 2,457,900 0 0 0 2,457,900

Stockpile Research, Technology, and
Engineering
Assessment Science....................... 773,111 773,111
Engineering and Integrated Assessments... 337,404 337,404
Inertial Confinement Fusion.............. 554,725 554,725
Advanced Simulation and Computing........ 732,014 732,014
Weapon Technology and Manufacturing 297,965 297,965
Maturation..............................
Academic Programs........................ 86,912 86,912
Total, Stockpile Research, Technology, and 2,782,131 0 0 0 2,782,131
Engineering...............................

Infrastructure and Operations
Operations of facilities................. 1,014,000 1,014,000
Safety and environmental operations...... 165,354 165,354
Maintenance and repair of facilities..... 792,000 -36,572 755,428
Recapitalization:
Infrastructure and safety.............. 670,000 670,000
Capability based investments........... 149,117 149,117
Planning for Programmatic Construction 84,787 84,787
(Pre-CD-1)............................
Total, Recapitalization.................. 903,904 0 0 0 903,904

Construction:
21-D-510 HE Synthesis, Formulation, and 31,000 31,000
Production, PX........................
19-D-670 138kV Power Transmission 59,000 59,000
System Replacement, NNSS..............
18-D-690 Lithium Processing Facility, Y- 109,405 109,405
12....................................
18-D-620 Exascale Computing Facility 29,200 29,200
Modernization Project, LLNL...........
18-D-650 Tritium Finishing Facility, 27,000 27,000
SRS...................................
17-D-640, U1a Complex Enhancements 160,600 160,600
Project, NNSS.........................
15-D-612 Emergency Operations Center, 27,000 27,000
LLNL..................................
15-D-611 Emergency Operations Center, 36,000 36,000
SNL...................................
15-D-302, TA-55 Reinvestments Project, 30,000 30,000
Phase 3, LANL.........................
15-D-301, HE Science & Engineering 43,000 43,000
Facility, PX..........................
07-D-220-04 Transuranic Liquid Waste 36,687 36,687
Facility, LANL........................
06-D-141 Uranium processing facility Y- 750,000 750,000
12, Oak Ridge, TN.....................
04-D-125 Chemistry and Metallurgy 169,427 169,427
Research Replacement Project, LANL....
Total, Construction...................... 1,508,319 0 0 0 1,508,319
Total, Infrastructure and operations....... 4,383,577 0 0 -36,572 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 0 0 0 390,074

Defense Nuclear Security
Operations and maintenance............... 815,895 -15,000 800,895
Construction:
17-D-710 West end protected area 11,000 11,000
reduction project, Y-12...............
Total, Defense nuclear security............ 826,895 0 0 -15,000 800,895

Information technology and cybersecurity... 375,511 375,511

Legacy contractor pensions................. 101,668 101,668
Total, Weapons Activities.................... 15,602,000 0 0 -51,572 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 30,000 30,000 131,000
Container breach in Seattle, WA...... [30,000] [30,000]
International radiological security.... 73,340 73,340

[[Page H6805]]

Nuclear smuggling detection and 159,749 159,749
deterrence............................
Total, Global material security.......... 400,480 30,000 0 30,000 430,480

Material management and minimization
HEU reactor conversion................. 170,000 -60,000 110,000
Nuclear material removal............... 40,000 40,000
Material disposition................... 190,711 190,711
Total, Material management & minimization 400,711 0 0 -60,000 340,711

Nonproliferation and arms control........ 138,708 138,708

National Technical Nuclear Forensics R&D. 40,000 40,000

Defense nuclear nonproliferation R&D
Proliferation Detection................ 235,220 30,000 20,000 255,220
Nuclear verification and detection, [30,000] [20,000]
next-gen technologies...............
Nuclear Detonation Detection........... 236,531 236,531
Nonproliferation Stewardship Program... 59,900 59,900
LEU Research and Development........... 0 20,000 20,000 20,000
LEU R&D for Naval Pressurized Water [20,000] [20,000]
Reactors............................
Total, Defense nuclear nonproliferation 531,651 50,000 0 40,000 571,651
R&D.....................................

Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 148,589 148,589
Project, SRS..........................
Total, Nonproliferation construction..... 148,589 0 0 0 148,589
Total, Defense Nuclear Nonproliferation 1,660,139 80,000 0 10,000 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 80,000 0 10,000 2,041,000

Naval Reactors
Naval reactors development................. 590,306 590,306
Columbia-Class reactor systems development. 64,700 64,700
S8G Prototype refueling.................... 135,000 135,000
Naval reactors operations and 506,294 506,294
infrastructure............................
Construction:
21-D-530 KL Steam and Condensate Upgrades 4,000 4,000
14-D-901 Spent fuel handling 330,000 330,000
recapitalization project, NRF...........
Total, Construction........................ 334,000 0 0 0 334,000
Program direction.......................... 53,700 53,700
Total, Naval Reactors........................ 1,684,000 0 0 0 1,684,000

Federal Salaries And Expenses
Program direction.......................... 454,000 454,000
Total, Office Of The Administrator........... 454,000 0 0 0 454,000

Defense Environmental Cleanup
Closure sites:
Closure sites administration............. 4,987 4,987

Richland:
River corridor and other cleanup 54,949 181,000 181,000 235,949
operations..............................
Program restoration.................... [181,000] [180,000]
Central plateau remediation.............. 498,335 160,000 160,000 658,335
Program restoration.................... [160,000] [160,000]
Richland community and regulatory support 2,500 7,600 7,600 10,100
Program restoration.................... [7,600] [7,600]
Total, Hanford site........................ 555,784 348,600 0 348,600 904,384

Office of River Protection:
Waste Treatment Immobilization Plant 50,000 50,000
Commissioning...........................

[[Page H6806]]

Rad liquid tank waste stabilization and 597,757 177,243 775,000
disposition.............................
Tank farm activities..................... 0 180,000
Program restoration.................... [180,000]
Construction:
18-D-16 Waste treatment and 609,924 170,000 166,076 776,000
immobilization plant--LBL/Direct feed
LAW...................................
Program restoration.................. [170,000] [166,076]
01-D-16 D High-Level Waste Facility
Total, Construction...................... 609,924 170,000 0 166,076 776,000
Total, Office of River Protection.......... 1,257,681 350,000 0 343,319 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 0 0 0 259,954

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 45,000 100,000 100,000 220,000
Program increase..................... [45,000]
Execute achievable scope of work..... [100,000] [100,000]
Total, NNSA sites and Nevada off-sites..... 202,361 45,000 100,000 100,000 302,361

Oak Ridge Reservation:
OR Nuclear facility D & D................ 109,077 0 109,077
Total, OR Nuclear facility D & D......... 109,077 0 0 0 109,077

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 0 0 0 42,880
Total, OR cleanup and waste disposition.. 145,880 0 0 0 145,880

OR community & regulatory support........ 4,930 4,930
OR technology development and deployment. 3,000 3,000
Total, Oak Ridge Reservation............... 262,887 0 0 0 262,887

Savannah River Sites:
Savannah River risk management operations
Savannah River risk management 455,122 40,000 40,000 495,122
operations............................
H-Canyon not placed into stand-by [40,000] [40,000]
condition...........................
Total, risk management operations........ 455,122 40,000 0 40,000 495,122

SR community and regulatory support...... 4,989 6,500 6,500 11,489
Secure payment in lieu of taxes funding [6,500] [6,500]
Radioactive liquid tank waste 970,332 -6,260 964,072
stabilization and disposition...........
Construction:
20-D-402 Advanced Manufacturing 25,000 25,000
Collaborative Facility (AMC)........
18-D-402 Saltstone Disposal Unit #8/9 65,500 65,500
17-D-402 Saltstone Disposal Unit #7.. 10,716 10,716
Total, Construction.................... 101,216 0 0 0 101,216
Total, Savannah River site................. 1,531,659 46,500 0 40,240 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 0 0 0 60,000
Total, Waste Isolation Pilot Plant......... 383,260 0 0 0 383,260

Program direction.......................... 275,285 275,285

[[Page H6807]]

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 0 0 0 320,771

Prior year balances credited............... -109,000 -109,000
Total, Defense Environmental Cleanup......... 4,983,608 790,100 100,000 832,159 5,815,767

Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security. 134,320 134,320
Program direction........................ 75,368 75,368
Total, Environment, Health, safety and 209,688 0 0 0 209,688
security..................................

Independent enterprise assessments
Independent enterprise assessments....... 26,949 26,949
Program direction........................ 54,635 54,635
Total, Independent enterprise assessments.. 81,584 0 0 0 81,584

Specialized security activities............ 258,411 258,411

Office of Legacy Management
Legacy management........................ 293,873 -155,438 -150,000 -153,679 140,194
Rejection of proposed transfer......... [-155,438] [-153,679]
Maintain current program administration [-150,000]
Program direction........................ 23,120 23,120
Total, Office of Legacy Management......... 316,993 -155,438 -150,000 -153,679 163,314

Defense related administrative support..... 183,789 183,789

Office of hearings and appeals............. 4,262 4,262
Subtotal, Other defense activities........... 1,054,727 -155,438 -150,000 -153,679 901,048
Total, Other Defense Activities.............. 1,054,727 -155,438 -150,000 -153,679 901,048
----------------------------------------------------------------------------------------------------------------

[[Page H6808]]

DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020

National Artificial Intelligence Initiative Act of 2020
(secs. 5001-5501)
The House bill contained Division E that included the
National Artificial Intelligence Initiative Act of 2020.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
various modifications to such provisions.
The conferees believe that artificial intelligence systems
have the potential to transform every sector of the United
States economy, boosting productivity, enhancing scientific
research, and increasing U.S. competitiveness and that the
United States government should use this Initiative to enable
the benefits of trustworthy artificial intelligence while
preventing the creation and use of artificial intelligence
systems that behave in ways that cause harm. The conferees
further believe that such harmful artificial intelligence
systems may include high-risk systems that lack sufficient
robustness to prevent adversarial attacks; high-risk systems
that harm the privacy or security of users or the general
public; artificial general intelligence systems that become
self-aware or uncontrollable; and artificial intelligence
systems that unlawfully discriminate against protected
classes of persons, including on the basis of sex, race, age,
disability, color, creed, national origin, or religion.
Finally, the conferees believe that the United States must
take a whole of government approach to leadership in
trustworthy artificial intelligence, including through
coordination between the Department of Defense, the
Intelligence Community, and the civilian agencies.

DIVISION F--ANTI-MONEY LAUNDERING

Anti-Money Laundering Act of 2020 (secs. 6001-6511)
The House bill contained multiple provisions (sections
6001 through 7306 contained in Divisions F and G of the House
bill) that would strengthen, modernize, and improve the
communication, oversight, and processes of the U.S.
Department of the Treasury's financial intelligence, anti-
money laundering, and countering the financing of terrorism
programs, and would establish beneficial ownership
information reporting requirements. Division F is
substantially similar to H.R. 2513, the Corporate
Transparency Act of 2019, introduced by Representative
Maloney of New York, and Division G is substantially similar
to H.R. 2514, the Coordinating Oversight, Upgrading and
Innovating Technology, and Examiner Reform Act of 2019
(COUNTER Act), introduced by Representative Cleaver of
Missouri.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment in the form of a
single division that makes a number of additional changes to
the provisions in the House bill to strengthen the provisions
relating to anti-money laundering and countering the
financing of terrorism programs and to establish an improved
reporting system relating to beneficial ownership
information, including building in further protections to
ensure that sensitive information is properly used and
protected. The Senate amendment builds on Divisions F & G in
the House bill and draws from related bills pending in the
Senate, including S.2563, the Improving Laundering Laws and
Increasing Comprehensive Information Tracking of Criminal
Activity in Shell Holdings Act (ILLICIT CASH Act), introduced
by Senator Warner of Virginia and Senator Cotton of Arkansas;
S.1889, the True Incorporation Transparency for Law
Enforcement Act (TITLE Act), introduced by Senator Whitehouse
of Rhode Island; S.1978, the Corporate Transparency Act,
introduced by Senator Wyden of Oregon; and S.1883, Combating
Money Laundering, Terrorist Financing, and Counterfeiting Act
of 2019, introduced by Senator Graham of South Carolina.
The conference agreement also includes Division L, the
STIFLE Act of 2020, included in H.R. 6395 the National
Defense Authorization Act for Fiscal Year 2020, as passed by
the House of Representatives. This division is substantially
similar to H.R. 7592, the Stopping Trafficking, Illicit
Flows, Laundering, and Exploitation Act of 2020 (STIFLE Act),
introduced by Representative McAdams of Utah and
Representative Gonzalez of Ohio, and integrates it into the
conference agreement.
The conferees note that the current Anti-Money Laundering/
Countering the Financing of Terrorism (AML/CFT) regulatory
framework is an amalgamation of statutes and regulations that
are grounded in the Bank Secrecy Act (BSA) (21 U.S.C. 5311 et
seq.), which the Congress enacted in 1970. This decades-old
regime, which has not seen comprehensive reform and
modernization since its inception, is generally built on
individual reporting mechanisms (i.e., currency transaction
reports (CTRs) and suspicious activity reports (SARs)) and
contemplates aging, decades-old technology, rather than the
current, sophisticated AML compliance systems now managed by
most financial institutions. The provisions of the House
bill, as modified by the Senate amendment, comprehensively
update the BSA for the first time in decades and provide for
the establishment of a coherent set of risk-based priorities.
One overarching improvement now included in the conference
agreement is to broaden the mission of the BSA to
specifically safeguard national security as well as the more
traditional investigatory pursuits of law enforcement. This
change is reflected throughout the conference agreement,
including in the priorities that will be established by the
Secretary of the Treasury, in consultation with key Federal
national security, law enforcement, and regulatory officials.
In particular, the conference agreement requires more
routine and systemic coordination, communication, and
feedback among financial institutions, regulators, and law
enforcement to identify suspicious financial activities,
better focusing bank resources to the AML task, which will
increase the likelihood for better law enforcement outcomes.
Currently, there is no clear statutory mandate for BSA
stakeholders--law enforcement, financial regulators, and
financial institutions--to provide routine, standardized
feedback to one another for the purpose of improving the
effectiveness of BSA anti-money laundering programs. The
conference agreement establishes a critical feedback loop and
improved routine reporting requirements, to ensure that
resources are directed effectively and that law enforcement,
regulators, and financial institutions better communicate and
coordinate on BSA-AML priorities, collection methods, and
outcomes. Because this coordination is essential to
identifying those who abuse our financial system, the
conferees also examined other domestic and international
models for these regulation-guided feedback loops to identify
additional lessons-learned that could be adapted for this
essential sector.
The conference agreement also opens avenues for more data
sharing among financial institutions and within financial
institutions and their affiliates, while retaining key
security safeguards, so that patterns of suspicious
activities will be more easily identified, tracked, and
shared appropriately.
The conference agreement also provides a clear mandate for
innovation, while providing for regulatory processes for
financial institutions to effectively innovate, test, and
adopt leading technologies, such as artificial intelligence,
to track, identify, and report suspicious financial activity.
It also provides for dedicated staff and multiple fora to
support public-private collaboration and advancement of this
issue.
This includes two new Bank Secrecy Act Advisory Group
(BSAAG) subcommittees. The first focuses on confidentiality
and informational security and the second on innovation and
technology. A new ``tech symposium'' is also established
whereby the U.S. Department of the Treasury is urged to
convene international and domestic regulators, financial
institutions, law enforcement, and technology companies to
periodically demonstrate and test related innovations, all of
which will introduce AML participants to the latest
technology and mandate its effective incorporation into
comprehensive BSA AML-CFT compliance programs.
The conference agreement further requires that the
Secretary of the Treasury must consider, when imposing SAR
reporting requirements, the benefits and burdens of specific
requirements and whether the reporting is likely to be
``highly useful'' to law enforcement and national security
efforts. It also calls for the potential streamlining of
reporting requirements, including automated processes. The
Secretary must further report to the Congress on whether to
permit financial institutions to provide certain ``bulk
reporting'' to law enforcement of low-level risks, such as
Suspicious Activity Reports related to structured
transactions, which could allow financial institutions to
focus more time and effort on identifying and reporting
higher-priority, sophisticated suspicious activity.
The conference agreement provides new whistleblower
protections for those reporting BSA violations and
establishes an ``Anti-Money Laundering and Counter-Terrorism
Financing Fund'' to pay such rewards. It also establishes
tough new penalties on those convicted of serious BSA
violations, including additional penalties for repeat BSA
violators and a prohibition against financial institution
board service for individuals convicted of egregious BSA-
related crimes.
The conference agreement closes significant AML-CFT gaps,
including by adding the trade in antiquities to coverage
under the BSA. In addition, Treasury and its law enforcement
partners will further study the risks posed by the
facilitation of money laundering through the trade in art.
In addition, the laundering of money through real estate
transactions continues to be an issue of concern, and the
conferees encourage Treasury to examine whether reporting on
certain commercial, as well as certain residential, real
estate transactions would be a source of highly useful
information to law enforcement and the national security
community. The conference agreement also requires U.S.
Government-wide strategies to combat trade-based money
laundering, trafficking, and Chinese money laundering
activities.
The conference agreement mandates a study and strategy on
de-risking to ensure that legitimate customers--whether
individuals, entities, or geographic areas--are not
unintentionally and unfairly excluded from access to the
financial system.
The conference agreement authorizes additional support to
the U.S. Department of the Treasury to accomplish these
goals, and the conferees expect the Department to insist on
strong accountability for results and responsiveness to
congressional oversight during implementation of this
measure. Recognizing the important role of the Financial

[[Page H6809]]

Crimes Enforcement Network (FinCEN) and the need to
strengthen the Bureau's management and operations, the
agreement adds $10.0 million to the Bureau's authorization.
The agreement also allows for special hiring authority for
the Office of Terrorism and Financial Intelligence and its
component parts. It further establishes a FinCEN Office of
Domestic Liaison, FinCEN Foreign Financial Intelligence Unit
Liaisons, and expands the number of U.S. Treasury Attaches to
allow the Department a broader reach for its AML-CFT
activities.
The conference agreement also addresses the critical issue
of beneficial ownership. Targeting bad actors who own or
control businesses that act as ``fronts'' or shell companies
on behalf of those conducting illicit activities is essential
to combating crime and safeguarding our national security.
The conference agreement requires corporations, limited
liability companies, and other similar entities formed in the
U.S.--or foreign entities registered to do business in the
U.S.--to report their beneficial owners to the U.S.
Department of the Treasury, as a means to combat the abuse of
anonymous companies, which can be used to facilitate money
laundering, the financing of terrorism, proliferation
finance, tax evasion, human and drug trafficking, sanctions
evasion, and other financial crimes.
The conference agreement requires companies to disclose
their beneficial owners to the U.S. Department of the
Treasury at the time the company is formed and when ownership
changes. This beneficial ownership information will be kept
confidential and treated as sensitive information, protected
under the highest information security standards. It will be
made directly available only to: (1) Authorized Government
authorities upon request as set out in the measure, subject
to effective safeguards, to facilitate relevant national
security, intelligence, and law enforcement activities; and
(2) Financial institutions, for purposes of complying with
their customer due diligence requirements under applicable
law and regulation.
For requests made by Federal agencies, the conference
agreement requires that only the head of an agency or a
designee may certify access to the beneficial ownership
database for an investigation, or other authorized national
security, intelligence, or law enforcement activity. The
conferees expect that the process of delegating authority for
designees to make a written certification under section
5403(c)(3)(E) will be consistent with the existing processes
to delegate authority to designees to carry out 26 U.S.C.
6103 requests, while taking into account the unique
organizational structures of each requesting agency.
Similarly, requests made by State, local, or Tribal law
enforcement must be approved by a court of competent
jurisdiction. ``Court of competent jurisdiction,'' for
purposes of this measure, includes an officer of such a court
such as a judge, magistrate, or a Clerk of Courts. This does
not include attorneys who are party to a proceeding.
The conferees note that nothing in this conference
agreement is designed to undermine the requirement that
financial institutions identify and verify the beneficial
owners of their legal entity customers pursuant to 31 C.F.R.
1010.230(a). The conference agreement provides that not later
than 1 year after the regulations promulgated to implement
the Corporate Transparency Act become effective, 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)) (the ``CDD
Rule'') to, inter alia, bring the CDD rule into conformance
with the statute and reduce any burdens on financial
institutions and legal entity customers that are unnecessary
or duplicative.
The conference agreement further provides that paragraphs
(b)-(j) of 31 C.F.R. 1010.230 will be rescinded upon the
effective date of the revised rule promulgated under this
subsection. The conferees intend for the revised CDD rule,
including those provisions added pursuant to section 5403(a)
of this amendment, to replace appropriate provisions of the
current 31 C.F.R. 1010.230.

DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020

Elijah E. Cummings Coast Guard Authorization Act of 2020
(sec. 8001-8605)
The House bill contained Division H that would authorize
certain aspects of the Coast Guard.
The Senate amendment contained no similar provisions.
The Senate recedes with various amendments.

DIVISION H--OTHER MATTERS

Title XC--Homeland Security Matters

Department of Homeland Security CISA Director (sec. 9001)
The House bill contained a provision (sec. 1793) that
would modify the position level of the Director of the
Cybersecurity and Infrastructure Security Agency (CISA),
write into law certain experience requirements for the
position, and limit an individual to no more than two 5-year
terms as Director.
The Senate amendment contained a similar provision (sec.
5244) that would make the changes to the Executive Schedule
status of the Director.
The Senate recedes with an amendment that would strike the
term limitation and include several other modifications to
other offices within CISA.
Sector risk management agencies (sec. 9002)
The House bill contained a provision (sec. 1784) that
would require the Secretary of Homeland Security to review
the current framework for securing critical infrastructure
and submit a report to the President containing
recommendations for revisions. The provision would require
the Secretary, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency, to evaluate
the current list of critical infrastructure sectors and the
current designations for sector risk management agencies and
provide recommendations for revisions to the President. The
provision would also require the President to review such
recommendations, revise them, and submit to appropriate
congressional committees and offices an explanation for any
rejected recommendations. The provision would further require
the public designation of critical infrastructure sectors in
the Federal Register and would formalize the sector risk
management agencies. Finally, the provision would require the
Comptroller General of the United States to submit to the
appropriate committees a report on the effectiveness of the
sector risk management agencies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include
the heads of the sector risk management agencies for initial
and subsequent reviews by the Secretary, require the
submission of the Secretary's initial report to the Congress
as well as the President, and modify the requirements for the
initial review and presidential report to the Congress. The
amendment would also extend the Comptroller General of the
United States review and make several modifications to the
formalization of the risk management agencies.
Review and analysis of inland waters seaport security (sec.
9003)
The Senate amendment contained a provision (sec. 1065)
that would require the Secretary of Homeland Security to
submit a report regarding the screening practices for foreign
cargo arriving at seaports on the Great Lakes and inland
waterways.
The House bill contained no similar provision.
The House recedes with an amendment that would require
additional analysis, reviews, and a threat assessment, as
well as make technical edits.
Department of Homeland Security reports on digital content
forgery technology (sec. 9004)
The House bill contained a provision (sec. 1710D) that
would require, not later than 1 year after the date of the
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 in consultation with the Director of
National Intelligence, to research the state of digital
content forgery technology and produce a report on such
technology.
The Senate amendment contained a similar provision (sec.
5243).
The Senate recedes with an amendment that would make
various modifications to the required reports.
GAO study of cybersecurity insurance (sec. 9005)
The House bill contained a provision (sec. 1710A) that
would require the Comptroller General of the United States to
conduct a study on the state and availability of insurance
for cybersecurity risks, detail certain requirements for such
a study, and require the Comptroller General to provide to
the Congress a report on the findings and conclusions.
The Senate amendment contained no similar provision.
The Senate recedes.
Strategy to secure email (sec. 9006)
The House bill contained a provision (sec. 1780) that
would require the Secretary of Homeland Security to develop a
strategy to implement a Domain-based Message Authentication,
Reporting, and Conformance (DMARC) standard across U.S.-based
email providers.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note this implements a recommendation made
by the Cyberspace Solarium Commission.
Department of Homeland Security large-scale non-intrusive
inspection scanning plan (sec. 9007)
The House bill contained a provision (sec. 1805) that
would require, not later than 180 days after the enactment of
this Act, the Secretary of Homeland Security to submit a plan
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives for increasing to 100 percent
the rate of high-throughput scanning of commercial and
passenger vehicles and freight rail traffic entering the
United States at land ports of entry and rail-border
crossings along the border using large-scale non-intrusive
inspection systems or similar technology to enhance border
security.
The Senate amendment contained no similar provision.
The Senate recedes.

[[Page H6810]]

Title XCI--Veterans Affairs Matters

Modification of licensure requirements for Department of
Veterans Affairs health care professionals providing
treatment via telemedicine (sec. 9101)
The Senate amendment contained a provision (sec. 1089)
that would amend section 1730C(b) of title 38, United States
Code, to modify the licensure requirements for health care
professionals providing telemedicine treatment by the
Department of Veterans Affairs.
The House bill contained no similar provision.
The House recedes.
Additional care for newborn children of veterans (sec. 9102)
The Senate amendment contained a provision (sec. 1090A)
that would amend section 1786 of title 38, United States
Code, to authorize the Secretary of Veterans Affairs to
provide a newborn child more than 7 days of health care
services and the transportation necessary to receive such
services if the child requires additional medical care.
The House bill contained no similar provision.
The House recedes.
Expansion of eligibility for HUD-VASH (sec. 9103)
The House bill contained a provision (sec. 1790) that
would amend section 8(o)(19) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(19)) and subsection (b) of
section 2003 of title 38, United States Code, to expand
eligibility for HUD-VASH services.
The Senate amendment contained no similar provision.
The Senate recedes.
Study on unemployment rate of women veterans who served on
active duty in the Armed Forces after September 11, 2001
(sec. 9104)
The House bill contained a provision (sec. 1710E) that
would require the Secretary of Veterans Affairs to conduct a
study on the unemployment rate of post-9/11 women veterans.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Access of veterans to Individual Longitudinal Exposure
Record (sec. 9105)
The Senate amendment contained a provision (sec. 753) that
would require the Secretary of Veterans Affairs, in
consultation with the Secretary of Defense, to provide a
veteran with read-only access to the veteran's documents
contained in the Individual Longitudinal Exposure Record
through a portal accessible on websites of the Department of
Veterans Affairs and Department of Defense.
The House bill contained no similar provision.
The House recedes with an amendment that would remove the
requirements for: (1) the Secretary of Veterans Affairs to
consult with the Secretary of Defense; and (2) the Department
of Defense to include such documents on a website of the
Department.
Department of Veterans Affairs report on undisbursed funds
(sec. 9106)
The House bill contained a provision (sec. 1708) that
would require the Secretary of Veterans Affairs to submit a
report to Congress, within 180 days of the date of the
enactment of this Act, on the unclaimed property in the
possession of the Department of Veterans Affairs. The
provision would require the Comptroller General of the United
States to conduct a review of the Secretary's report.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Veterans Affairs to submit a report to the
Committees on Veterans' Affairs of the Senate and the House
of Representatives, within 120 days of the date of the
enactment of this Act, on the undisbursed funds of the
Department of Veterans Affairs.
Transfer of Mare Island Naval Cemetery to Secretary of
Veterans Affairs for maintenance by National Cemetery
Administration (sec. 9107)
The House bill contained a provision (sec. 1764) that
would require the Secretary of Veterans Affairs to 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. This provision would also require the Secretary to
submit a report on the feasibility and advisability of
exercising such authority.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Comptroller General report on Department of Veterans Affairs
handling of disability compensation claims by certain
veterans (sec. 9108)
The Senate amendment contained a provision (sec. 6090)
that would require the Comptroller General of the United
States to submit a report to Congress that evaluates how the
Department of Veterans Affairs has handled claims for
disability benefits of veterans with type 1 diabetes who have
been exposed to a herbicide agent.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Comptroller General to submit the report within 1 year of the
date of the enactment of this Act.
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. 9109)
The Senate amendment contained a provision (sec. 1090B)
that would amend section 1116(a)(2) of title 38, United
States Code, by adding Parkinsonism, bladder cancer, and
hypothyrodism to the list of diseases associated with
exposure to certain herbicide agents.
The House bill contained no similar provision.
The House recedes.

Title XCII--Communications Matters

Reliable emergency alert distribution improvement (sec.
9201)
The Senate amendment contained provisions (secs. 6096,
6096A, 6096B, 6096C, 6096D, 6096E, 6096F, and 6096G) that
included the Reliable Emergency Alert Distribution
Improvement Act of 2020.
The House bill contained no similar provisions.
The House recedes with a technical amendment.
Wireless supply chain innovation and multilateral security
(sec. 9202)
The Senate amendment contained a series of provisions
(secs. 1091-1093) that would establish a Public Wireless
Supply Chain Innovation Fund and Multilateral
Telecommunications Security Fund and direct the Secretary of
State, the Secretary of Commerce, and the Chairman of the
Federal Communications Commission, or their designees, to
consider how to enhance representation of the United States
at international forums that set standards for fifth
generation (5G) networks and for future generations of
wireless communications networks. These provisions would also
require a series of reports.
The House bill contained no similar provision.
The House recedes with an amendment that would make edits
to the communication technology security funds and the
associated requirements.
It is the intent of the conferees that the Secretary of
Commerce, when establishing the criteria for grants awarded
under the Public Wireless Supply Chain Innovation Fund, shall
interpret the word ``promoting'' in Section 1092
(a)(3)(A),(C), (F), and (G) as intended to mean furthering
the development of new 5G-related technologies.
Spectrum information technology modernization efforts (sec.
9203)
The House bill contained a provision (sec. 223) that would
direct an interagency information technology spectrum
modernization effort, led by the Assistant Secretary of
Commerce for Communications and Infrastructure and the
National Telecommunications and Information Administration,
to synchronize development and coordination of standards and
Federal spectrum management. This section would also require
the Secretary of Defense to establish a program to identify
and mitigate vulnerabilities in the telecommunications
infrastructure of the Department of Defense.
The Senate amendment contained a similar provision (sec.
1084).
The House recedes with an amendment to the dates for the
Comptroller General reviews and to remove the
telecommunications infrastructure program.
Internet of Things (sec. 9204)
The Senate amendment contained a provision (sec. 5239)
that would require the Secretary of Commerce to establish a
Federal working group to provide recommendations to Congress
on various aspects of the Internet of Things. The provision
would detail the membership of the working group, issues to
address, and certain reporting requirements.
The House bill contained no similar provision.
The House recedes.
The conferees encourage the Secretary of Commerce to
include the Department of Defense and any other appropriate
Federal agencies in the Federal working group required in the
provision to ensure comprehensive interagency participation.

Title XCIII--Intelligence Matters

Requirement for facilitation of establishment of social
media data and threat analysis center (sec. 9301)
The House bill contained a provision (sec. 1299L) that
would require, not later than September 1, 2021, and
biennially thereafter, the Director of National Intelligence,
in consultation with the Secretary of Defense, the Secretary
of State, and any other relevant Federal agency, to submit to
the appropriate congressional committees a report on foreign
influence campaigns targeting United States Federal
elections.
The Senate amendment contained a similar provision (sec.
5323) that would amend section 5323 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) to
require the establishment of the Social Media Data and Threat
Analysis Center.
The Senate recedes with an amendment that would amend
section 5323 of the National Defense Authorization Act for
Fiscal Year 2020 to require the establishment of the Social
Media Data and Threat Analysis Center. The amendment would
also require, not later than March 1, 2021, as a review of
the

[[Page H6811]]

2020 Federal elections and 90 days before the date of each
regularly scheduled general election for Federal Office, the
Director of the Social Media Data and Threat Analysis Center
to submit to specified congressional committees a report on
foreign malign influence campaigns on and across social media
platforms targeting such election, and a briefing from the
Director of National Intelligence regarding the same topic.
Independent study on identifying and addressing threats that
individually or collectively affect national security,
financial security, or both (sec. 9302)
The House bill contained a provision (sec. 1710H) that
would require the Director of National Intelligence to engage
a federally funded research and development center to conduct
a study on identifying and addressing threats that
individually or collectively affect national security,
financial security, or both.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove
certain elements from the scope of the study, and would make
other technical and conforming changes.

Title XCIV--Science, Space, and Technology Matters

Subtitle A--Cybersecurity Matters

Improving national initiative for cybersecurity education
(sec. 9401)
The Senate amendment contained a provision (sec. 5231)
that would put into place a range of measures to improve
national cybersecurity education.
The House bill contained no similar provision.
The House recedes with an amendment that would make
certain modifications to include additional Federal agencies
as appropriate and would alter certain considerations
relating to the provision of financial aid.
Development of standards and guidelines for improving
cybersecurity workforce of Federal agencies (sec. 9402)
The Senate amendment contained a provision (sec. 5232)
that would modify the mission of the National Institute of
Standards and Technology to include the identification and
development of standards and guidelines for improving the
cybersecurity workforce of an agency.
The House bill contained no similar provision.
The House recedes.
Modifications to Federal cyber scholarship-for-service
program (sec. 9403)
The Senate amendment contained a provision (sec. 5233)
that would modify the Federal cyber scholarship-for-service
program by altering the employment placement priorities of
the program and seeking to provide awards for various early
cybersecurity-related experiences.
The House bill contained no similar provision.
The House recedes.
Additional modifications to Federal cyber scholarship-for-
service program (sec. 9404)
The Senate amendment contained a provision (sec. 5234)
that would modify the Federal cyber scholarship-for-service
program by clarifying certain aspects of the scholarship's
employment obligation.
The House bill contained no similar provision.
The House recedes.
Cybersecurity in programs of the National Science Foundation
(sec. 9405)
The Senate amendment contained a provision (sec. 5235)
that would include cybersecurity in certain existing computer
science programs of the National Science Foundation.
The House bill contained no similar provision.
The House recedes with an amendment that would strike a
section requiring the Director of the National Science
Foundation to ensure that students pursuing graduate degrees
in cybersecurity-related fields are considered as applicants
for certain fellowship programs of the Foundation.
Cybersecurity in STEM programs of the National Aeronautics
and Space Administration (sec. 9406)
The Senate amendment contained a provision (sec. 5236)
that would require the Administrator of the National
Aeronautics and Space Administration to include, to the
maximum extent practicable, cybersecurity education in any
science, technology, engineering, and mathematics education
program of the Administration.
The House bill contained no similar provision.
The House recedes.
National cybersecurity challenges (sec. 9407)
The Senate amendment contained a provision (sec. 5238)
that would require the Secretary of Commerce to establish a
range of cybersecurity-related challenges to be pursued by
the Department of Commerce, in coordination with certain
other offices.
The House bill contained no similar provision.
The House recedes with an amendment that would expand the
list of emerging technologies to be pursued in such challenge
and include privacy as a consideration in another.

Subtitle B--Other Matters

Established Program to Stimulate Competitive Research (sec.
9411)
The Senate amendment contained a provision (sec. 6087)
that would broaden the scope of the Established Program to
Stimulate Competitive Research (EPSCoR) at the Department of
Energy to include applied energy research and other research
topics that align with the mission of the Department.
The House bill contained no similar provision.
The House recedes with an amendment that would state that
the Secretary may continue to use the eligibility criteria in
use on the date of the agreement's enactment or any successor
criteria.
The conferees understand that the Secretary of Energy
currently has the discretion to establish their own
eligibility criteria or continue to utilize the eligibility
criteria developed by the National Science Foundation (NSF)
and nothing in this provision modifies that authority or
directs the Secretary to change current practice.
Furthermore, the conferees are aware that NSF is in the
process of implementing new eligibility criteria for fiscal
year 2021 and the conferees expect the Secretary to use NSF's
new criteria for fiscal year 2021 in order to ensure timely
implementation on the new program authorities and to minimize
disruption for States that participate in the EPSCoR program.
Industries of the future (sec. 9412)
The Senate amendment contained provisions (secs. 6094A,
6094B, and 6094C) that would increase the capacity of
research and development programs of the Federal Government
that focus on industries of the future, among other things.
The House bill contained no similar provision.
The House recedes with a technical amendment.
National Institute of Standards and Technology Manufacturing
Extension Partnership program supply chain database (sec.
9413)
The House bill contained a provision (sec. 1806) that
would direct the Director of the National Institute of
Standards and Technology (NIST) to establish a national
supply chain database within the Manufacturing Extension
Partnership Program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would instead
direct the Director of NIST to carry out a study to evaluate
the feasibility, advisability, and costs of establishing such
a national supply chain database and report to the Congress
with its findings within 6 months.
Study on Chinese policies and influence in the development
of international standards for emerging technologies
(sec. 9414)
The House bill contained a provision (sec. 1705) that
would direct the Director of the National Institute of
Standards and Technology, to conduct a study and provide
recommendations, not later than 180 days after the date of
the enactment of this Act, on the impact of the policies of
the People's Republic of China and coordination among
industrial entities within the People's Republic of China on
international bodies engaged in developing and setting
international standards for emerging technologies. The entity
that conducts the study must submit to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, not later than 2 years after
the date of enactment of this Act, a report containing the
findings and recommendations of the study.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
The conferees believe that while U.S. experts have
historically been leaders in international standards
development activities, the principles of openness,
transparency, due process, and consensus supported by the
United States in the development of international standards
are being eroded in certain bodies. Further, voluntary
consensus standards, developed through an industry-led
process, serve as the cornerstone of the U.S. standardization
system and have become the basis of a sound national economy
and the key to global market access. The conferees believe,
therefore, that strengthening the unique United States
public-private partnerships approach to standards development
is critical to United States economic competitiveness. The
United States Government should ensure cooperation and
coordination across Federal agencies and partner with private
sector stakeholders to continue to shape international
dialogues in regard to standards development for emerging
technologies.
Coordination with Hollings Manufacturing Extension
Partnership Centers (sec. 9415)
The House bill contained a provision (sec. 1807) that
would require each Manufacturing USA Institute to contract,
as appropriate, with a Hollings Manufacturing Extension
Partnership Center to provide outreach and assistance to
small and medium-sized manufacturers.
The Senate amendment contained no similar provision.
The Senate recedes.

Title XCV--Natural Resources Matters

Transfer of funds for Oklahoma City national memorial
endowment fund (sec. 9501)
The House bill contained a provision (sec. 1710F) that
would require the Secretary of the Interior to submit to the
Congress, not later than 180 days after the date of the
enactment of this Act, a report on the current status of the
Oklahoma City National Memorial and a summary of non-Federal
funding

[[Page H6812]]

that has been raised in accordance with section 7(2) of the
Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-
5(2)).
The Senate amendment contained a similar provision (sec.
532) that would amend section 7(1) of the Oklahoma City
National Memorial Act of 1997 (16 U.S.C. 450ss-5(1)) to
authorize the Secretary of the Interior to provide funds from
the National Park Service's national recreation and
preservation account to the Oklahoma City National Memorial
endowment fund.
The House recedes.
Workforce issues for military realignments in the Pacific
(sec. 9502)
The House bill contained a provision (sec. 1794) that
would amend section 1806 of title 48, United States Code, to
extend temporary flexibility for approving H-2B workers in
the construction industry on Guam for projects both inside
and outside the military installation and related to the
military buildup on Guam.
The Senate amendment contained no similar provision.
The Senate recedes.
Affirmation of authority for non-oil and gas operations on
the outer Continental Shelf (sec. 9503)
The conference agreement includes a provision that would
amend the Outer Continental Shelf Lands Act (43 U.S.C.
1333(a)(1)) to clarify that the Constitution, laws, and
jurisdiction of the United States are extended to the Outer
Continental Shelf, including with respect to installations
and other devices permanently or temporarily attached to the
seabed for the purposes of exploring for, developing, or
producing non-mineral energy resources.

Title XCVI--Oversight and Reform Matters

Inventory of program activities of Federal agencies (sec.
9601)
The House bill contained a provision (sec. 1770) that
would require Federal agencies to report on their Federal
program activities and provide that information to the
Director, Office of Management and Budget.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment to conform
the provision to the style and clerical requirements of this
Act.
Preservation of electronic messages and other records (sec.
9602)
The House bill included a provision (sec. 1711) that would
establish the short title for the subsection as the
``Electronic Message Preservation Act.''
The House bill also included a provision (sec. 1712) that
would amend chapter 29 of title 44, United States Code, to
require the Archivist of the United States to promulgate
regulations governing Federal agency preservation of
electronic messages determined to be Federal records, and
other electronic records, as practicable. The provision would
further require that, not later than 1 year after the date of
the enactment of this Act, the head of each Federal agency
submit to the Archivist a report on the agency's compliance
with the new regulations. Finally, the provision would
require that not later than 90 days after receipt of all
Federal agency compliance reports, the Archivist 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 new regulations.
The Senate amendment contained no similar provisions.
The Senate recedes with an amendment that would require
that, not later than 1 year after the date of the enactment
of this Act, the Archivist propose the regulations required,
and that not later than 2 years after the date of the
enactment of this Act, the head of each Federal agency submit
to the Archivist a report on the agency's compliance with the
new regulations.
Continuity of the economy plan (sec. 9603)
The Senate amendment contained a provision (sec. 1086)
that would require the President to develop and maintain a
plan to ensure the continuity of the economy in the event of
a significant disruption. The provision lays out in detail
the contents of the plan, as well as the offices that shall
be involved in the preparation of such a plan, and requires
the President to submit the plan to the Congress no later
than 2 years after the enactment of this Act and no less
frequently than every 3 years thereafter.
The House bill contained no similar provision.
The House recedes with technical amendments.

Title XCVII--Financial Services Matters

Subtitle A--Kleptocracy Asset Recovery Rewards Act

Kleptocracy Asset Recovery Rewards Act (sec. 9701-9703)
The House bill contained Division K that would amend
chapter 97 of title 31, United States Code, to establish the
Kleptocracy Asset Recovery Rewards Program in the Department
of the Treasury, and to authorize appropriations for the
purpose of paying rewards under the program.
The Senate amendment contained no similar division.
The Senate recedes with an amendment that would establish
the Kleptocracy Asset Recovery Rewards program as a pilot
program terminating 3 years after the date of enactment of
this Act and increase the role of the Secretary of State and
the Attorney General in the execution of the rewards program.

Subtitle B--Combating Russian Money Laundering

Combating Russian Money Laundering (secs. 9711-9714)
The House bill contained provisions (secs. 15001-15004)
that would require a report if the Secretary of the Treasury
determines that certain institutions, transactions, or money
laundering activities require domestic financial institutions
or domestic financial agencies to take special measures
described in section 5318A(b) of title 31, United States
Code, and permit implementation of such special measures.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.

Subtitle C--Other Matters

Certified notice at completion of an assessment (sec. 9721)
The House bill contained a provision (sec. 1803) that would
amend section 721(b)(3) of the Defense Production Act of 1950
(50 U.S.C. 4565(b)(3)).
The Senate amendment contained no similar provision.
The Senate recedes.
Ensuring Chinese debt transparency (sec. 9722)
The House bill contained a provision (sec. 1779) that would
direct the Secretary of the Treasury to instruct the United
States Executive Director at each international financial
institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act (22 U.S.C. 262r))
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.
The Senate amendment contained no similar provision.
The Senate recedes.
Accountability for World Bank Loans to China (sec. 9723)
The House bill contained provisions (secs. 1841 to 1845)
that would direct the United States Governor of the
International Bank for Reconstruction and Development (IBRD)
to instruct the United States Executive Director at the IBRD
that it is the policy of the United States to: (1) Pursue the
expeditious graduation of the People's Republic of China from
assistance by the IBRD, consistent with the lending criteria
of the IBRD; and (2) Until the graduation of China from IBRD
assistance, prioritize projects in China that contribute to
global public goods, to the extent practicable. The provision
also contained multiple reporting requirements.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Fairness for Taiwan nationals regarding employment at
international financial institutions (sec. 9724)
The House bill contained provisions (secs. 1851, 1852, and
1853) that would require the Secretary of the Treasury to
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.
The Senate amendment contained no similar provision.
The Senate recedes.

Title XCIX--Creating Helpful Incentives To Produce Semiconductors for
America

Creating helpful incentives to produce semiconductors for
America (secs. 9901-9908)
The House bill contained provisions (secs. 1821-1825) that
would require the Secretary of Commerce to establish a
program that provides grants to covered entities to
incentivize investment of semiconductor fabrication
facilities, or assembly, testing, advanced packaging, or
advanced research and development of semiconductors in the
United States.
The Senate amendment contained similar provisions (secs
1094-1099).
The House recedes with an amendment that would make various
modifications to the provisions.

Title C--Other Matters

AMBER Alert nationwide (sec. 10001)
The House bill contained provisions (secs. 1731 to 1734)
that would require the national coordinator of the AMBER
Alert communications network to identify and eliminate gaps
in the AMBER Alert network to include airports, maritime
ports, border crossings, checkpoints, and other ports of exit
from the United States. The provisions would also expand the
grants for the expansion of the AMBER Alert system from
highways to include airports, maritime ports, border crossing
areas and check points, and ports of exit as well as the
expansion of the system to notify aircraft passengers, ship
passengers, and other travelers. The provisions would also
make the Virgin Islands, Guam, American

[[Page H6813]]

Samoa, and the Northern Mariana Islands eligible for AMBER
Alert grants. The provisions would also allow the Attorney
General to issue a grant waiver to American Samoa, Guam, the
Northern Mariana Islands, Puerto Rico, the U.S. Virgin
Islands, or an Indian Tribe to provide additional funding for
educational programs, law enforcement training and equipment,
and new technologies related to AMBER Alert systems and
communications.
The Senate amendment contained no similar provision.
The Senate recedes.
Improving authority for operation of unmanned aircraft for
educational purposes (sec. 10002)
The Senate amendment contained a provision (sec. 1087) that
would amend section 350 of the FAA Reauthorization Act of
2018 (Public Law 115-254; 49 U.S.C. 44809 note) in the
section heading, by striking ``at institutions of higher
education'' and inserting ``for educational purposes''.
The House bill contained no similar provision.
The House recedes.
Prohibition on provision of airport improvement grant funds
to certain entities that have violated intellectual
property rights of United States entities (sec. 10003)
The House bill contained a provision (sec. 1809) that would
amend the prohibition on the provision of grant funds to
entities that have violated intellectual property rights of
United States entities.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Study and report on the affordability of insulin (sec. 10004)
The Senate amendment contained a provision (sec. 6063) that
would require the Secretary of Health and Human Services,
acting through the Assistant Secretary for Planning and
Evaluation, to: (1) Conduct a study on the impact of the
affordability of insulin on the health outcomes of insured
and uninsured diabetics and on Federal government spending;
and (2) Provide a report to Congress within 2 years of the
date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes.
Waiver authority with respect to institutions located in an
area affected by Hurricane Maria (sec. 10005)
The House bill contained a provision (sec. 1791) that would
require the Secretary of Education to waive applicable laws,
for each of the fiscal years 2020 through 2022 (and
potentially for fiscal years 2023 and 2024), with respect to
institutions of higher education 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.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Education to waive applicable laws, for each
of the fiscal years 2021 through 2025, with respect to
institutions of higher education receiving assistance under
title III of the Higher Education Act of 1965 at the time of
a covered hurricane disaster.
Farm and ranch mental health (sec. 10006)
The House bill contained a provision (sec. 3601) that would
require the Secretary of Agriculture, in consultation with
the Secretary of Health and Human Services, to carry out a
public service campaign to address the mental health of
farmers.
The House bill contained a provision (sec. 3602) that would
require the Secretary of Agriculture, within 180 days of the
date of the enactment of this Act, to expand the fiscal year
2019 pilot program to train Farm Service Agency, Risk
Management Agency, and Natural Resources Conservation Service
employees in the management of stress to farmers and
ranchers.
The House bill contained a provision (sec. 3603) that would
require the Secretary of Agriculture to convene a task force
of agricultural and rural stakeholders at the national,
State, and local levels to assess the causes of mental stress
and to develop best practices for response to such stress.
The Senate amendment contained a provision (sec. 1053)
similar to the House provisions.
The Senate recedes with an amendment that would require the
Secretary of Agriculture, in consultation with the Secretary
of Health and Human Services, to carry out a public service
announcement campaign to address the mental health of farmers
and ranchers. The provision would authorize the Secretary to
conduct the campaign through a third party contractor.
Additionally, the provision would require the Secretary,
within 180 days of the date of the enactment of this Act, to
expand a pilot program from 2019 that trained certain
employees in the management of stress experienced by farmers
and ranchers. The Secretary would provide a report on the
employee training program, at least once every 2 years, to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate. Finally, the provision would require the
Secretary to convene a task force of agricultural and rural
stakeholders to assess the causes of stress in farmers and
ranchers and to identify best practices for responding to
such stress. The task force would submit a report to the
Secretary within 1 year of the date of the enactment of this
Act. The authorities of this provision would cease on October
1, 2023.

LEGISLATIVE PROVISIONS NOT ADOPTED

Requirement to post a 100 word summary to regulations.gov
The Senate amendment contained a provision (sec. 1088) that
would amend section 553(b) of title 5, United States Code, to
require that a notice of proposed rulemaking published in the
Federal Register include the publicly accessible Internet
address at which a 100-word plain language summary of the
proposed rule is posted.
The House bill contained no similar provision.
The Senate recedes.
Prohibition on downloading or using TikTok by Federal
employees
The House bill contained a provision (sec. 1112) that would
prohibit Federal employees from downloading or using TikTok
on any technology device issued by the United States
Government.
The Senate amendment contained no similar provision.
The House recedes.
Hong Kong Autonomy Act
The Senate amendment contained provisions (secs. 1701,
1702, 1703, 1704, 1705, 1706, 1707, 1708, 1709, 1710, and
1711) that would require the Secretary of State, in
consultation with the Secretary of the Treasury, to report to
the Congress on any determination that a foreign person is
materially contributing, has materially contributed, or
attempts to materially contribute to the failure of the
Government of China to meet its obligations under the Joint
Declaration or the Basic Law. The provision would also impose
sanctions on these foreign persons, and on foreign financial
institutions that conduct significant transactions with them.
The provision contained various waivers and exceptions.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Hong Kong Autonomy Act (Public
Law 116-149) passed into law on July 14, 2020.
GAO study on the school-to-prison pipeline
The House bill contained a provision (sec. 1707) that would
require the Comptroller General of the United States to
conduct a study on the school to prison pipeline.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the Comptroller General recently issued
a study on school discipline called ``Discipline Disparities
for Black Students, Boys, and Students with Disabilities''
(GAO-18-258). This report addresses many of the items
included in the original House provision.
Report regarding veterans who receive benefits under laws
administered by the Secretary of Veterans Affairs
The House bill contained a provision (sec. 1709) that would
require the Secretary of Veterans Affairs to publish a
report, within 180 days of the date of the enactment of this
Act, regarding veterans who receive benefits under laws
administered by the Secretary, including the Transition
Assistance Program.
The Senate amendment contained no similar provision.
The House recedes.
Report on Government police training and equipping programs
The House bill contained a provision (sec. 1710C) that
would require the President to provide to the Congress, not
later than 1 year after the date of the enactment of this
Act, a report on all Federal government police training and
equipping programs outside the United States.
The Senate amendment contained no similar provision.
The House recedes.
Government Accountability Office report on Zhongxing
Telecommunications Equipment Corporation compliance with
settlement
The House bill contained a provision (sec. 1710) that would
require the Comptroller General of the United States to
submit to the Congress a report on the compliance of
Zhongxing Telecommunications Equipment Corporation with the
settlement agreement it reached with the United States
Department of Commerce on June 8, 2018.
The Senate amendment contained no similar provision.
The House recedes.
Review and Report of experimentation with ticks and insects
The House bill contained a provision (sec. 1710M) that
would require the Comptroller General of the United States to
conduct a review of whether the Department of Defense
experimented with ticks, other insects, airborne releases of
tick-borne bacteria, viruses, pathogens, or any other tick-
borne agents regarding use as a biological weapon between the
years of 1950 and 1977.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the importance of addressing biological
threats, both man-made and naturally occurring, and the
impact these threats pose to military forces, their
dependents, and overall military readiness. The conferees
support the Department's research efforts to prevent the
occurrence, diagnoses, and treatment of tick-borne illnesses,
including through the Tick-Borne

[[Page H6814]]

Disease Research Program established in fiscal year 2016. The
conferees note the importance of continued compliance with
the Biological Weapons Convention which bans the development,
production, and stockpiling of biological weapons of mass
destruction.
Presidential Records
The House bill contained a provision (sec. 1713) that would
amend chapter 22 of title 44, United States Code, to
prescribe new definitions and additional regulations and
certifications applicable to presidential records.
The Senate amendment contained no similar provision.
The House recedes.
Short title
The House bill contained a provision (sec. 1721) that would
designate subtitle C of title XVII the Space Technology
Advancement Report (STAR) Act of 2020.
The Senate amendment contained no similar provision.
House recedes.
Findings
The House bill contained a provision (sec. 1722) that would
make several findings relating to competition between the
United States and the People's Republic of China (PRC) in
commercial and government space activities. The provision
would find that PRC activities threaten current U.S.
leadership in space and frequently do so through unfair and
anti-competitive practices.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition of public display of Confederate battle flag on
Department of Defense property
The House bill contained a provision (sec. 1749) that would
require the Secretary of Defense to prohibit the public
display of the Confederate battle flag at all Department of
Defense property with certain exceptions.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that symbols honoring the Confederate
States of America will be further examined by the Commission
authorized elsewhere in the conference report.
Nonimmigrant status for certain nationals of Portugal
The House bill contained a provision (sec. 1755) that would
identify Portugal as a described foreign state for the
purposes of clauses (i) and (ii) of section 101(a)(15)(E) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E))
if the Government of Portugal provides similar nonimmigrant
status to nationals of the United States.
The Senate amendment contained no similar provision.
The House recedes.
Developing crisis capabilities to meet needs for homeland
security-critical supplies
The House bill contained a provision (sec. 1760) that would
require the Secretary of Homeland Security to coordinate with
the Secretary of Health and Human Services, the Administrator
of the Environmental Protection Agency, and the heads of
other relevant Federal departments and agencies to create a
repository of federally approved plans and specifications for
critical medical items that could help manufacturers rapidly
produce those items in a potential national emergency or
disaster.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that a Government Accountability Office
(GAO) report issued in June 2020 cited concerns related to
the acquisition, distribution, and adequacy of supplies
during the COVID-19 response, including from the Strategic
National Stockpile (SNS), for the purpose of increasing the
availability of medical supplies. The conferees note that GAO
also observed in a September 2020 report that, since the
beginning of the pandemic, the Federal Emergency Management
Agency and the Department of Health and Human Services have
begun to focus on intermediate goals, such as increasing
domestic manufacturing capacity and rebuilding the SNS to
better position the United States to respond to continuing
COVID-19 outbreaks and future emergencies. States also have
been building their own stockpiles of critical supplies.
However, despite the ongoing work to obtain needed medical
supplies and expand domestic production of these items, the
conferees remain concerned that certain supply shortages
remain. The conferees emphasize the need to identify homeland
security-critical supplies to address future national
emergencies or disasters, develop plans related to the
production of such supplies, including by nontraditional
manufacturers, and to enter into contingent arrangements to
expedite the production of such supplies in the event of a
national emergency or disaster. Therefore, the conferees will
continue to encourage reviews of stockpiles of critical
supplies and conduct rigorous oversight of efforts to ensure
viable supply chains are in place to ensure the United States
is well prepared to respond to continuing COVID-19 outbreaks
and future emergencies.
Foreign state computer intrusions
The House bill contained a provision (sec. 1762) that would
end foreign state immunity from the jurisdiction of the
courts of the United States or of the States in certain cases
in which damages are sought by a national of the United
States against a foreign state relating to computer
intrusions.
The Senate amendment contained no similar provision.
The House recedes.
Online and distance education classes and nonimmigrant visas
The House bill contained a provision (sec. 1763) that would
authorize nonimmigrants described in subparagraph (F), (J),
or (M) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) to engage in online or
distance education classes or programs that are determined
necessary by an institute or program for the protection of
health and safety and that such classes or programs would
count toward the requirement to pursue a full course of study
to maintain nonimmigrant status.
The Senate amendment contained no similar provision.
The House recedes.
Establishment of Southern New England Regional Commission
The House bill contained a provision (sec. 1768) that would
amend Section 15301(a) of title 40, United States Code, to
establish a Southern New England Regional Commission.
The Senate amendment contained no similar provision.
The House recedes.
FedRAMP Authorization Act
The House bill contained a provision (sec. 1769) that would
amend chapter 36 of title 44, United States Code, to codify
the Federal Risk and Authorization Management Program.
The Senate amendment contained no similar provision.
The House recedes.
Building United States capacity for verification and
manufacturing of advanced microelectronics
The House bill contained a provision (sec. 1771) that would
require the Secretary of Commerce, acting through the
Director of the National Institute of Standards and
Technology, to carry out research and development to enable
advances and breakthroughs in measurement science, standards,
material characterization, instrumentation, testing, and
manufacturing capabilities to accelerate the underlying
research and development for design, development, and
manufacturability of next generation microelectronics and
ensure the competitiveness and leadership of the United
States within the microelectronics sector.
The Senate amendment contained no similar provision.
The House recedes.
Threshold for reporting additions to toxics release inventory
The House bill contained a provision (sec. 1772) that would
amend section 7321 of the PFAS Act of 2019 (Public Law 116-
92) by prohibiting the Administrator of the Environmental
Protection Agency from applying 40 C.F.R. 372.38 to the
chemicals identified in sec. 7321 unless the Administrator
revises the reporting threshold for the chemicals identified
in sec. 7321(b) and (c) to 10,000 pounds per year and sets
the reporting threshold for chemicals identified pursuant to
sec. 7321(d) at 10,000 pounds per year.
The Senate amendment contained no similar provision.
The House recedes.
Temporary relief for private student loan borrowers
The House bill contained a provision (sec. 1776) that would
prohibit any servicer of private education loans from
collecting payments or accruing interest on such loans
through September 30, 2021.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are concerned about the growing burden of
student debt on borrowers, taxpayers, and the U.S. economy.
The conferees urge the Administration to use authorities
provided to it by the Congress to ensure that all borrowers,
particularly those who are in financial distress, are treated
fairly and receive any assistance they are eligible for.
Report on threat posed by domestic terrorists
The House bill contained a provision (sec. 1781) that would
require the Director of the Federal Bureau of Investigation,
the Under Secretary of Homeland Security for Intelligence and
Analysis, and the Director of National Intelligence (acting
through the National Counterterrorism Center) to jointly
submit to the appropriate congressional committees a report
that includes an evaluation of the nature and extent of the
domestic terror threat and domestic terrorist groups.
The Senate amendment contained no similar provision.
The House recedes.
As articulated by the National Security Strategy, the
conferees note that America should reject bigotry and
oppression and will deny violent ideologies the space to take
root in American communities.
The Director of the Federal Bureau of Investigation (FBI)
testified on September 17, 2020, that the greatest domestic
terrorist threat is white supremacists. In the October 2020
Homeland Threat Assessment, the acting Secretary of Homeland
Security stated that he was ``particularly concerned about
white supremacist violent extremists who have been
exceptionally lethal in their abhorrent, targeted attacks in
recent years'' and that ``[they] seek to force ideological
change in the United States through violence, death, and
destruction.''
The conferees further note that Section 5602 of the
National Defense Authorization

[[Page H6815]]

Act for Fiscal Year 2020 (Public Law 116-92) sought to better
characterize the domestic terrorist threat by requiring the
FBI and the Department of Homeland Security (DHS), in
consultation with the National Counterterrorism Center
(NCTC), to produce a set of comprehensive reports over 5
years. The recurring annual report on domestic terrorism
is to include: a strategic intelligence assessment on the
nature and severity of the domestic terror threat internal
to the United States; metrics on the number and type of
incidents, coupled with resulting investigations, arrests,
prosecutions, and analytic products; copies of the FBI's
guidelines and policies permitting the initiation and
execution of domestic terrorism investigations; detailed
explanations of how the FBI, DHS, and NCTC prioritize the
allocation and sustainment of personnel and resources
against domestic terrorism threats and incidents; and
descriptions regarding the type and regularity of training
provided by the FBI, DHS, or NCTC to other Federal, State,
and local law enforcement. The report is required to be
made available to the public in an effort to increase
transparency on matters of critical national importance.
The conferees note, however, that this required report has
not yet been delivered to the appropriate congressional
committees. The conferees, therefore, urge the Director of
the FBI to submit this report without further delay.
Department of Defense mechanism for provision of dissenting
views
The House bill contained a provision (sec. 1783) that would
establish and require a briefing on a mechanism for providing
dissenting views regarding Department of Defense and Unites
States national security policy.
The Senate amendment contained no similar provision.
The House recedes.
Policy on conscious and unconscious gender bias
The House bill contained a provision (sec. 1786) that would
require the Secretary of Defense to develop a policy that
defines conscious and unconscious gender bias and provides
guidance to eliminate all such bias.
The Senate amendment contained no similar provision.
The House recedes.
Credit monitoring
The House bill contained a provision (sec. 1792) that would
amend the Fair Credit Reporting Act (Public Law 91-508).
The Senate amendment contained no similar provision.
The House recedes.
Study on viability of seawater mining for critical minerals
The House bill contained a provision (sec. 1796) that would
require the Secretary of Defense to initiate a study on the
viability of seawater mining for critical minerals not later
than 60 days of the date of the enactment of this Act. The
provision would also require a report on the results of the
study not later than 1 year after the date of the enactment
of this Act.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
consultation with the head of any other relevant Federal
agency and relevant stakeholders, to initiate a study of the
viability of extracting minerals, such as uranium, that are
critical to the defense industrial base of the United States
from seawater not later than 60 days after the date of the
enactment of this Act. Additionally, the conferees direct the
Secretary of Defense to submit a report on the results of the
study not later than 1 year after the date of the enactment
of this Act. The report shall be submitted to the Committees
on Armed Services of the Senate and the House of
Representatives, the Committee on Environment and Public
Works of the Senate, and the Committee on Science, Space, and
Technology of the House of Representatives.
Disclosure requirement
The House bill contained a provision (sec. 1798) that would
amend section 104 of the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7214) to require entities that issue securities to
disclose to the Securities and Exchange Commission (SEC)
should the issuer retain a public accounting firm that: (1)
Is located in a foreign jurisdiction; (2) Performs more than
one-third of the audit services for the issuer; and (3)
Cannot be inspected because of a prohibition imposed by an
authority in the foreign jurisdiction. Should no audit of the
issuer or its servicing auditing firm be permitted for 3
consecutive years, the provision would require the SEC to bar
trading of the issuer's stock. In addition, with each audit
report to the SEC, the issuer would be required to disclose:
(1) The percent of its shares owned by governmental entities
in the foreign jurisdiction; (2) The name of each official of
the Chinese Communist Party who is a member of the board of
directors; and (3) Whether the issuer's articles of
incorporation contain any part of the charter of the Chinese
Communist Party.
The Senate amendment contained no similar provision.
The House recedes.
Establishment of Office of Cyber Engagement of the Department
of Veterans Affairs
The House bill contained a provision (sec. 1802) that would
establish within the Department of Veterans Affairs an office
of cyber engagement to address cyber risks to veterans, share
information about such risks, and coordinate with other
Federal agencies.
The Senate amendment contained no similar provision.
The House recedes.
Department of Homeland Security acquisition documentation
The House bill contained a provision (sec. 1804) that would
amend the Homeland Security Act of 2002 (6 U.S.C. 341 et
seq.) by establishing additional documentation requirements
for Department of Homeland Security major acquisition
programs.
The Senate amendment contained no similar provision.
The House recedes.
COVID-19 emergency medical supplies enhancement
The House bill contained a provision (sec. 1808) that
would: (1) Specify certain supplies used to fight and reduce
the impact of COVID-19 as scarce and critical materials; (2)
Direct the Defense Production Act be used to meet the
country's most critical needs to combat COVID-19; (3) Require
enhanced oversight of pricing levels for critical materials;
(4) Require determination of a target level of testing for
each state; (5) Require a point person for improved
coordination between the private sector and the Federal
Government; and (6) Require a strategic plan for production
of personal protective equipment and other supplies needed to
reduce the impact of COVID-19 currently and moving forward,
among other things.
The Senate amendment contained no similar provision.
The House recedes.
Payments for private education loan borrowers, as a result of
COVID-19
The House bill contained a provision (sec. 1812) that would
require the Secretary of the Treasury to make student loan
payments on behalf of a covered borrower in an amount up to
$10,000.
The Senate amendment contained no similar provision.
The House recedes.
Biliteracy Education Seal and Teaching Act
The House bill contained several provisions (sec. 1831-
1834) that would require the Secretary of Education to
establish a grant program to enable States to establish Seal
of Biliteracy programs.
The Senate amendment contained no similar provision.
The House recedes.
Providing information to States regarding undelivered savings
bonds
The Senate amendment contained a provision (sec. 6003) that
would require the Secretary of the Treasury to provide each
State additional information allowing for the identification
of the registered owner of certain savings bonds.
The House bill contained no similar provision.
The Senate recedes.
Advanced nuclear reactor research and development goals
The Senate amendment contained within Title LXVII a series
of six provisions (secs. 6701, 6702, 6703, 6704, 6705, 6706),
collectively titled the Nuclear Energy Leadership Act.
The House bill contained no similar provisions.
The Senate recedes.
Nuclear energy strategic plan
The Senate amendment contained within Title LXVII a series
of six provisions (secs. 6701, 6702, 6703, 6704, 6705, and
6706), collectively titled the Nuclear Energy Leadership Act.
The House bill contained no similar provisions.
The Senate recedes.
Versatile, reactor-based fast neutron source
The Senate amendment contained within Title LXVII a series
of six provisions (secs. 6701, 6702, 6703, 6704, 6705, and
6706), collectively titled the Nuclear Energy Leadership Act.
The House bill contained no similar provisions.
The Senate recedes.
Advanced nuclear fuel security program
The Senate amendment contained within Title LXVII a series
of six provisions (secs. 6701, 6702, 6703, 6704, 6705, and
6706), collectively titled the Nuclear Energy Leadership Act.
The House bill contained no similar provisions.
The Senate recedes.
University Nuclear Leadership Program
The Senate amendment contained within Title LXVII a series
of six provisions (secs. 6701, 6702, 6703, 6704, 6705, and
6706), collectively titled the Nuclear Energy Leadership Act.
The House bill contained no similar provisions.
The Senate recedes.
Adjusting strategic petroleum reserve mandated drawdowns
The Senate amendment contained within Title LXVII a series
of six provisions (secs. 6701, 6702, 6703, 6704, 6705, and
6706), collectively titled the Nuclear Energy Leadership Act.
The House bill contained no similar provisions.
The Senate recedes.
Intelligence Authorization Act for Fiscal Year 2021
The Senate amendment contained Division F that included the
Intelligence Authorization Act for Fiscal Year 2021.

[[Page H6816]]

The House bill contained no similar provision.
The Senate recedes.
Department of State Authorities and Activities
The House bill contained provisions (secs. 14001-14806)
that included the Eliot L. Engel Department of State
Authorization Act of 2020.
The Senate amendment contained no similar provisions.
The House recedes.
Improving Corporate Governance Through Diversity
The House bill contained Division M, comprising the
``Improving Corporate Governance Through Diversity Act of
2020,'' that would amend section 13 of the Securities
Exchange Act of 1934 (15 U.S.C. 78m) and require the
Securities and Exchange Commission to establish a Diversity
Advisory Group.
The Senate amendment contained no similar division.
The House recedes.
Colorado Outdoor Recreation and Economy Act
The House bill contained Division O that included the
Colorado Outdoor Recreation and Economy Act.
The Senate amendment contained no similar provision.
The House recedes.
Public Lands
The House bill contained Division O that included the
Protecting America's Wilderness Act.
The Senate amendment contained no similar provision.
The House recedes.
And the Senate agree to the same.
From the Committee on Armed Services, for consideration of
the House bill and the Senate amendment, and for
modifications committed to conference:
Adam Smith,
Susan A. Davis,
Rick Larsen,
Jim Cooper,
Joe Courtney,
Donald Norcross,
Ruben Gallego,
Seth Moulton,
Salud O. Carbajal,
Anthony G. Brown,
Ro Khanna,
William R. Keating,
Filemon Vela,
Kendra S. Horn,
Gilbert Ray Cisneros, Jr.,
Mac Thornberry,
Joe Wilson,
Michael R. Turner,
Mike Rogers,
Doug Lamborn,
Robert J. Wittman,
Vicky Hartzler,
Elise M. Stefanik,
Trent Kelly,
Mike Gallagher,
Jim Banks,
From the Permanent Select Committee on Intelligence, for
consideration of matters within the jurisdiction of that
committee under clause 11 of rule X:
Terri A. Sewell,
Devin Nunes,
From the Committee on Agriculture, for consideration of secs.
3601 and 3602 of the House bill, and sec. 1053 of the Senate
amendment, and modifications committed to conference:
Scott H. Peters,
Abigail Davis Spanberger,
K. Michael Conaway,
From the Committee on the Budget, for consideration of secs.
1002 and 8003 of the House bill, and secs. 4, 126, and 1086
of the Senate amendment, and modifications committed to
conference:
Joseph D. Morelle,
Steven Horsford,
From the Committee on Education and Labor, for the
consideration of secs. 212, 279, 569, 570, 1110, 1791, 1797,
1833, and 1834 of the House bill, and secs. 516, 561-63, 565,
566, 1090, 5211, 6047, 6091, and 6615 of the Senate
amendment, and modifications committed to conference:
Robert C. ``Bobby'' Scott,
Lori Trahan,
Brett Guthrie,
From the Committee on Energy and Commerce, for consideration
of secs. 223, 229, 332, 335, 535, 540H, 601, 705, 736, 1299N-
2, 1641, 1760, 1761, 1772, 1793, 1821, 1823, 1824, 2835,
3201, 3511, 3601, 5101-04, 5109, 10306, and 11206 of the
House bill, and secs. 311, 319, 703, 1053, 1091, 1092, 1094,
1098, 1099, 2841, 3121, 3125, 3131, 3132, 5239, 6082-84,
subtitle I of title LX of division E, secs. 6299F, 6614,
6704, and 6706 of the Senate amendment and modifications
committed to conference:
Greg Walden,
From the Committee on Financial Services, for consideration
of secs. 902, 1248, 1249, 1299R-9, 1768, 1776, 1779, 1790,
1792, 1798, 1803, 1808, 1812, subtitles H and I of title XVII
of division A, and divisions G, J, K, and M of the House
bill, and secs. 1706-10 and 6231 of the Senate amendment, and
modifications committed to conference:
Maxine Waters,
Juan Vargas,
Blaine Luetkemeyer,
From the Committee on Foreign Affairs, for consideration of
secs. 213, 843, subtitle C of title XI of division A, secs.
1202, 1203, 1207, 1221-24, 1231-33, 1238, 1248, 1249, 1251,
1260D, 1260E, 1261, 1266, 1272-74, 1276, 1280, 1286, 1290-92,
1294, 1296, 1299, 1299B, 1299G, 1299H, 1299K, subtitles H-K
of title XII of division A, secs. 1299Q-1, 1299Q-2, subtitle
M of title XII of division A, secs. 1299T-4, 1299T-5, 1521,
1640F, 1659, 1757, 1759, 1823, and division I of the House
bill, and secs. 1201-03, 1205-07, 1210, 1213, subtitle C of
title XII and division A, secs. 1231-33, 1236, 1240, 1241,
1251, 1253-56, 1263, 1281, 1283, 1286, 1287, subtitle H of
title XII of division A, subtitle C of title XV of division
A, sec. 1661, title XVII of division A, secs. 6231, 6251,
6284, 6286, 6293-96, 6299, 6299A, 6299B, 6299D, and 6299F of
the Senate amendment, and modifications committed to
conference:
Brad Sherman,
Michael T. McCaul,
From the Committee on Homeland Security, for consideration of
secs. 1630, 1631, 1637, 1640A, 1640D, 1640F, 1760, 1784,
1793, 1804, and 9508 of the House bill, and secs. 6088,
6096D, 6613, and 6614 of the Senate amendment, and
modifications committed to conference:
Xochitl Torres Small,
Elissa Slotkin,
Mark E. Green,
From the Committee on House Administration, for consideration
of secs. 536, 1101, and 1751 of the House bill, and
modifications committed to conference:
Marcia L. Fudge,
Rodney Davis,
From the Committee on the Judiciary, for consideration of
secs. 281, 540D, 814, 1055, 1215, 12990-6, 1299T-4, 1299T-5,
1640A, 1731, 1733, 1762, and 1763 of the House bill, and
secs. 1296 and 6088 of the Senate amendment, and
modifications committed to conference:
From the Committee on Natural Resources, for consideration of
secs. 601, 626, 627, 1744, 1794, 1795, 2834-36, subtitle E of
title XXVIII of division B, and divisions O and P of the
House bill, and secs. 315, 2861-63, 2887, 6081, and 7861 of
the Senate amendment, and modifications committed to
conference:
Rob Bishop,
From the Committee on Oversight and Reform, for consideration
of secs. 373, 813, 815, 825, 830B, 833, 848, 1101, 1102,
1104, 1105, 1108, 1111, 1114, 1115, subtitles B and C of
title XI of division A, secs. 1635, 1639, 1640C, subtitle B
of title XVII of division A, secs. 1744, 1745, 1769, 1770,
1774, 1793, 1808, 9208, and 11410 of the House bill, and
secs. 631, 1103-06, 1109-13, 5244, 6047, and 9306 of the
Senate amendment, and modifications committed to conference:
Carolyn B. Maloney,
Stephen F. Lynch,
James Comer,
From the Committee on Science, Space, and Technology, for
consideration of sec. 229, subtitle D of title II of division
A, secs. 327, 333, 341, 1744, 1771, 1806, 1807, 1821, 1824,
1825, division E, secs. 5502 and 10104 of the House bill, and
secs. 318, 1098, 1099, subtitle C of title LII of division E,
secs. 5231-38, and 6087 of the Senate amendment, and
modifications committed to conference:
Mike Garcia,
From the Committee on Small Business, for consideration of
secs. 831-33, 835-40, 840A, 841, 844, and 1633 of the House
bill, and secs. 871, 872, 1642, 5871-75, and 5877 of the
Senate amendment, and modifications committed to conference:
Jared F. Golden,
Steve Chabot,
From the Committee on Transportation and Infrastructure, for
consideration of secs. 311, 312, 332, 560G, 601, 829, 830B,
912, 1101, 1732, 1750, 1760, 1768, 1809, 3501, 3504, 3505,
3507-09, 3510C, 3510D, 5103, and division H of the House
bill, and secs. 178, 1087, 1635, 3501, 5237, 5246, 6089, and
subtitle I of title LX of division E of the Senate amendment,
and modifications committed to conference:
Harley Rouda,
Bob Gibbs,
From the Committee on Veterans' Affairs, for consideration of
secs. 525, 534, 535, 540A, 540B, 540C, 540E, 540H, 546, 551-
53, 560B, 560E, 560F, 560G, 560H, 718, 724, 731, 734, 750H,
752-54, 760, 831, 1101, 1411, 1764, 1790, 1802, and 5502 of
the House bill, and secs. 741, 744, 753, 762-64, 935, 1089,
1090A, 1090B, 1421, and 6085 of the Senate amendment, and
modifications committed to conference:
Mark Takano,
Gus M. Bilirakis,
From the Committee on Ways and Means, for consideration of
secs. 1276, 7103, and 7104 of the House bill, and sec. 6003
of the Senate amendment, and modifications committed to
conference:
Richard E. Neal,
Jimmy Panetta,
Brad R. Wenstrup,
Managers on the Part of the House.
James M. Inhofe,
Roger F. Wicker,
Deb Fischer,
Mike Rounds,
Joni Ernst,
Thom Tillis,
Dan Sullivan,
David Perdue,
Kevin Cramer,
Rick Scott,
Marsha Blackburn,
John Thune,
Jack Reed,
Jeanne Shaheen,
Kirsten E. Gillibrand,
Richard Blumenthal,
Mazie K. Hirono,
Tim Kaine,
Angus S. King, Jr.,
Martin Heinrich,
Gary C. Peters,
Joe Manchin III,
Tammy Duckworth,
Doug Jones,
Managers on the Part of the Senate.